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HomeMy Public PortalAbout1966_12_07SPEC 28 MINUTES OF DECEMBER 7, 1966 SPECIAL MEETING. WHEREAS, the said Planning Commission did hold such Public Hearing and heard all persons desiring to be heard on the question of adopting the following amendments; and WHEREAS, the said Planning Commission thereafter considered the Ques- tion of adopting the following amendments and, at a regular meeting held on the 3rd day of November , 1966 , the said Commission duly adopted and recommended to the Council for the Town of Leesburg, Virginia, the enactment of the following amendments; and WHEREAS, the Council for the Town of Leesburg, Virginia, caused a 111 notice of Public Hearing on the following amendments to be pub- lished on the 17th and 24th days of November , 1966 in the Loudoun Times-Mirror , a newspaper published in and having a general circu- lation in the Town of Leesburg, a notice in accordance with the pro- visions of Chapter 11 , Section 15.1-431 of the 1950 Code of Virginia, as amended, that the said Council would hold a Public Hearing on the following amendments, which Public Hearing would be held on the 7th day of December, 1966, and which notice designated the time and place of such hearing; and • • WHEREAS, ?the said Council for the Town of Leesburg, Virginia, did [It hold a Public Hearing and heard all persons desiring to be heard O on the question of enacting the following amendments to the Lees- burg Zoning Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council for the Town of Lees- burg, Virginia, that the Leesburg Zoning Ordinance be and the same is hereby amended as follows : Amend Article 1, Section 1-1 by adding after the word "districts" in the first sentence, the following: "R-1" One-family Residence District "R-2" General Residence District "R-3" Town House Residence District "R-4" Multi-family Residence District "B-1" Community Business District "B-2" General Business District "M-1" Industrial District • The term "R" Districts, as used hereinafter, means the "R-1", "R-2", "R-3" and "R-4" Districts; "B" Districts means the "B-1" and "B-2" Districts. Amend Article 2, Section 2-7-2 by deleting after the word "DWELLINGS", the phrase "all types" and inserting in place thereof the phrase "one- family and two-family". Amend Article 2, Section 2-7-2 by adding beneath the word "DUaLINGS", the following: DWELLINGS, Multi-family 17/2 for each dwelling unit • Amend Article 4, Section 4-2-2 by deleting the entire phrase, "multi- family dwellings. " Amend the Ordinance by adding the following in its proper numerical sequence : • ARTICLE 4-B - "R-4" Multi-family Residence District - Use Regulations • 4-B-1 PERMITTED PRINCIPAL USES • 4-B-1-1 "R-1" District Permitted Principal Uses 4-B-1-2 "R-2" District Permitted Principal Uses • 4-B-1-3 Multi-family Dwellings, if served by town sanitary • sewers and town water facilities. 4-B-1-4 Rooming Houses, Hotels, Motels, Inns, Tourist Homes, Clubs, Lodges and Recreational Buildings, provided any such build- ing shall be at least twenty-five (25) feet from any ad- joining lot in an "R" District. " 282 MINUTES OF DECEMBER 7, 1966 SPECIAL MEETING. 4-B-2 PERMITTED CONDITIONAL USES WHEN AUTHORIZED AS A SPECIAL EXCEPTION BY THE BOARD OF ZONING APPEALS UNDER SUCH CON- DITIONS AS IT MAY DETERMINE WILL NOT BE DETRIMENTAL TO OTHER USES IN THE "R-4" DISTRICT. " 4-B-2-1 "R-1" District Permitted Conditional Uses 4-B-2-2 "R-2" District Permitted Conditional Uses 4-B-3 PERI" IITTED ACCESSORY USES 4-B-3-1 "R-1" District Permitted Accessory Uses 4-B-3-2 "R-2" District Permitted Accessory Uses 4-B-4 PROHIBITED USES 4-B-4-1 "2-1" District Prohibited Uses 4-B-4-2 "R-2" District Prohibited Uses Amend Article 5, Section. 5-1-3 by deleting after motels, the phrase "multi-family dwellings". Amend Article 6, Section 6-1-1 by adding after the word "uses" the following: "except Multi-family dwellings". Amend Article 8 in proper sequence by adding the following: . R-4 1 & 2 family 1 family 8,000 sq.ft. 20 feet 1 & 2 family 20 feet dwellings : 2 family 10,000 " " dwellings: same as R-1 Multi-family dwellings same as R-2 Multi-family see paragraph 6 Multi-family : dwellings: Width 8 feet 3 stories or 1 family 60 feet ' 35 feet 2 or more 75 feet Amend Article 8 by deleting under R-2 LOT SIZES Area: the following: "!3 or more : see paragraph 6 " " or more": Amend Article 8 by deleting under R-2 SIDE YARD Dwellings : the following: "or more". Amend Article 15 by inserting a new definition as follows: 15-1-68 Dwelling, Multi-family, A dwelling arranged or designed to be occupied by three or more families, no part of which is owned separately or is to be sold to separate owners, un- less cooperatively. " Councilman Fishback asked why apartments were taken out of the B-1 Dis- trict. Mr. Leach replied for no specific reason, other than to get their finger on the apartment area; if someone in the B-1 District felt that he had a necessity or desire to have an apartment in this area, there would be ample time for him to express himself , to ask that this be changed tp R-4. Mr. Fishback said that , in other words, no apartment house could be approved un- til this area is designated. Mr. Leach agreed with this. Councilman Orr cited a specific instance in which this sort of thing could occur on Dry Mill Road between the town houses and the private homes in Prospect Hills. Upon motion of Councilman Fishback, seconded by Councilman Pumphrey, 111Council voted by unanimous.. roll call vote to delete from the Ordinance the following two proposed amendments: "Amend Article 5 , Section 5-1-3 by deleting after motels, the phrase "multi-family dwellings". Amend Article 6, Section 6-1-1 by adding after the word "uses" the following: "except Multi-family dwellings". The Ordinance, as amended, .was then unanimously adopted by roll call vote. 283 J MINUTES OF DECEMBER 7, 1966 SPECIAL MEETING. Mr. Samuel D. Engle , representing the Frederick Cable Vision Company, asked that Council give consideration to the proposed Ordinance asking for bids for a franchise for a Community Antenna Service, the Ordinance having been pre- sented at the last meeting of Council. Mr. Hanley, President of the Company, and Mr. Pennington, the electrical engineer, were also present. Councilman Cole asked several questions of these gentlemen and suggested that perhaps Council should set a price so that the bid might not be too low. Mr. Engle stated that there has been more than one bid submitted in other places and that possibly this might happen here. He said that Council can always refuse too low a bid. 111Upon motion of Councilman Fishback, seconded by Councilman Orr, the fol- lowing Ordinance was unanimously adopted, said Ordinance to be advertised for bids: AN ORDINANCE GRANTING UNTO , ITS SUCCESSORS AND ASSIGNS, A FRANCHISE, RIGHT OF CONVENIENCE OR PRIVILEGE TO ERECT, OPERATE AND MAINTAIN POLES , CABLES, AND ALL OTHER ELECTRICAL EQUIPMENT, STRUCTURES, OR FIXTURES NECESSARY AND INCIDENTAL TO THE 'OPERATING OF: A COMMUNITY ANTENNA SYSTEM SERVICE AND CLOSED CIRCUIT TELEVISION TRANSMISSION SERVICE, SUBJECT TO THE LIMITATIONS AND RE- 310 STRICTIONS HEREIN SET FORTH UNDER, OVER, UPON AND ACROSS THE STREETS , 1.0 O ALLEYS, SIDEWALKS, AND PUBLIC PLACES OF THE TOWN OF LEESBURG, VIP- r=r GINIA, FOR THE PURPOSES OF ERECTING , OPERATING AND MAINTAINING A C, COMMUNITY ANTENNA SYSTEM AND CLOSED CIRCUIT TELEVISION TRANSMISSION O SERVICE FOR THE USE OF THE RESIDENTS AND CITIZENS OF SAID TOWN, AND FOR THE PERSONS, FORMS , AND CORPORATIONS DOING BUSINESS THEREIN, AND TO USE THE PROPERTY OF OTHER COMPANIES UPON SUCH ARRANGEMENTS AND CONDITIONS AS THE COMPANIES MAY AGREE. BE IT ORDAINED, by the Council of the Town of Leesburg, County of ' Loudoun, State of Virginia: SECTION 1. Short Title. This Ordinance shall be known and may be cited as the "COMMUNITY ANTENNA TELEVISION FRANCHISE ORDINANCE." II SECTION 2. Definitions. For the purpose of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always man- . datory and not merely directory. (1) "Town" is the Town of Leesburg, Virginia. • (2) "Company" is the grantee of rights under thin Franchise. (3) "Council" is the Town Council of the Town of Leesburg, Virginia. (4) "Person" is any person, firm, partnership, association, cor- poration, company or organization of any kind. SECTION 3. Grant of Authority. There is hereby granted by the Town to the Company the right and privilege to construct , erect, operate, and maintain, in, upon, along, across, above , over and under the streets, alleys, public ways and public places now laid out or dedicated , and all extensions thereof , and additions thereto, in the Town, poles, wires, cables, underground conduits, manholes an_d .other television conductors and fixtures necessary for the maintenance and operation in the Town- of a community television system for the interception, sale and distribution of television signals. SECTION 4. COMPLIANCE with Applicable Laws and Ordinances. The Company shall , at all times during the life of this Franchise, be subject to all lawful exercise of the police potter by the Town, ' and to such reasonable regulation as the Town shall hereafter by resolution or ordinance provide. • SECTION 5. COMPANY LIABILITY--Indemnification. It is expressly understood and agreed by and between the Company and the Town that the Company shall save the Town harmless from all loss sustained by 84- M_NUTES OF DECEMBER 7, 1966 SPECIAL MEETING. the Town on account of any suit , judgment , execution, claim, or demand whatsoever, resulting from negligence on the part of the company in the construction, operation or maintenance of its television system in the Town. The Town shall notify the Com- pany 's representative in the Town within Ninety (90) days after, the presentation of any claim or demand, either by suit or other- wise, made against the Town on account of any negligence as afore- said on the part of the Company. The Company shall also take out and maintain throughout the term of this grant insurance against personal injury with limitations 111of not less than 3100,000 - $300,000, and insurance against prop- erty damage in the amounts of not less than $50,000 - 3100,000 for the benefit of the Town of Leesburg, Virginia. SECTION 6. The Company shall install its poles, wire, cables, fix- tures and appurtenances in accordance with the requirements of the - National Electrical Code and the current edition of the National Electrical Safety Code, and so as not to interfere with the in- stallation of the Town, or of any public utility engaged in serving the Town. All poles, posts, or other structures, and all lines, equipment and connections in , over, under and upon the streets, side- walks, alleys and public grounds or places of the Town, wherever situate or located , shall at all times be kept and maintained in a safe, suitable and substantial condition, and in good order and re- pair. SECTION 7. The Company shall furnish the Council, and keep filed with the Town Manager , true and accurate maps or plats of all exist- ing and proposed installations, and the Town hereby reserves the right at all times to reject any proposed installation whose man- ner or place of construction it deems contrary to public interest, and may order and direct the Company, at its own expense, to move the location or alter the construction of any existing installa- tion wherever the Council deems the public interest to require such removal or alteration, having due regard to the equities of the parties concerned and the purpose of this grant. SECTION 8. Conditions on Street Occupancy. (1) Use. All transmission and distribution structures, lines and equipment erected by the Company within the Town shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum in- terference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways, and places. (2) Restoration. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Company shall , at its own cost and expense and in a manner approved by the Town Inspector, replace and restore all paving, sidewalk, driveways or surface of any street or alley disturbed, in as good condition as before said work was com- menced , and shall maintain the restoration in an approved condition. (3) Relocation. In event that at any time during the period of this Franchise the Town shall lawfully elect to alter , or change the grade of, any street, alley or other public way, the Company, upon reason- able notice by the Town , shall remove , relay, and relocate its poles, wires, cables, underground conduits, manholes and other telephone fixtures at its own expense. (4) Placement of Fixtures. The Company shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant or main, and all such poles or other fixtures placed in any street shall be placed at the outer edge of the sidewalk and inside the curb line , and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways. 285 MINUTES OF DEC 'IBER 7, 1966 SPECIAL MEETING. (5) Temporary Removal of Wire for Building Moving. The Company shall, on the request of any person holding a building moving permit issued by the Town,. temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal , raising or lowering of wires shall be paid by the person requesting the same, and the Com- pany shall have the authority to require such payment in advance. The Company shall be given not less than forty-eight hours ' advance notice to arrange for such temporary wire changes. (6) Tree TrimminK. The Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Town so as to prevent the branches of such trees from coming in contact with the wires and cables of the Company, all trimming to be done under the supervision and direction of the Town and at the expense of the Company. (7) Existing poles, posts, and other such structures of telephone and power companies for leasing or licensing at reasonable terms shall be used as practicable in order to minimize interference with travel. 30 SECTION 9. Approval of Transfer. The Company shall not sell or trans- fer its plant or system to another , nor transfer any rights under this o Franchise to another without Council approval. Provided, that no sale or transfer shall be effective until the vendee, assignee or lessee C� has filed in the office of the Town Clerk an instrument, duly executed, V reciting the fact of such sale , assignment or lease , accepting the terms of the Franchise , and agreeing to perform all the conditions thereof. SECTION 10. Town Rights in Franchise. (1) Town Rules. The right is hereby reserved to the Town to adopt, in addition to the provisions herein contained and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police power , provided that such regulations, by ordinance or otherwise , shall be reasonable, and not in conflict with the rights herein granted, and shall not be in conflict with the laws of the State of Virginia. (2) Supervision and Inspection. The Town shall have the right to supervise all construction or installation work performed subject to the provisions of this Ordinance and to make such inspections as it shall find necessary to insure compliance with governing ordinances. ,(j) All rights, rights of way, and easements hereinabove designated shall remain the property of the Town. Until such time as said poles or other equipment are actually installed , and in the event of future removal of said equipment , said rights shall immediately revert to the Town and be automatically cancelled. Should said rights not sooner revert to the Town, then this grant shall terminate and expire thirty (50) years from the effective date hereof. It being understood that the Company, shall have the right at any time during the effective term of this grant to surrender and relinquish all of its rights hereunder and thereupon be released from its duties as herein required. Surrender, by the Company, of this grant shall be preceded by a written notice of its intention so to do at least six (6) months before the surrender date. On the surrender date specified in such notice, all of the rights and privileges and all of the obligations, duties and liabilities of the Company under this ordinance , except as to the ex- tent previously accrued hereunder , shall terminate. SECTION 11. Payment to Town. Amount of payment to be determined by bid. SECTION 12. The Company shall at all times operate and maintain its community antenna system in such manner as not to interfere with exist- ing television reception, including interference by radiation. Once interference has been established , if the same be not corrected within a reasonable time following notice given to the Company by the Town, the Town, by action of its Council, may terminate this grant. 2 8 (3 MINUTES OF DECEMBER 7, 1966 SPECIAL MEETING. SECTION 13. Records and Reports. The Town shall have access at all reasonable hours to all of the Company 's plans, contracts, and engi- neering, accounting, financial , statistical , customer service records relating to the property and the operation of the Company and to all other records required to be kept hereunder. The following records and reports shall be filed with the Town Clerk and in the local of- fice of the Company: (1) Company Rules and Regulations. Copies of such rules, regulations, terms and conditions adopted by the Company for the conduct of its business. (2) Gross Revenue. An annual summary report showing gross revenues received by the Company from its operation within the Town during the preceding year and such other information as the Town shall re- quest with respect to properties and expenses related to the Com- pany 's service within the Town. - SECTION 14. Publication Costs. The Company shall assume the cost of publication of this Franchise as such publication is required by law. A bill for publication costs shall be presented to the Company by the Town Treasurer upon the Company 's filing of acceptance and shall be paid at that time. SECTION 15. Removal. In the event the successful bidder fails to put the community antenna into operation within one (1 ) year after awarding of Franchise, or if he fails to continue to operate the same for any reason, then he shall be responsible for removing, or the cost of removing, all poles and equipment from the Town within a period of one (1) year from the time of cessation of operation. Upon motion of Councilman Orr, seconded by Councilman Pumphrey, the fol- lowing Legal Notice was unanimously authorized to be published in the Times- Mirror for 4 weeks : LEGAL NOTICE TOWN OF LEESBURG , VIRGINIA Notice is hereby given that pursuant to an ordinance adopted by the Council of the Town of Leesburg, Virginia on December 7, 1966, bids will be received for the franchise privileges and rights proposed to be granted by such ordinance, such bids to be presented to the presid- ing officer of the Council of the Town of Leesburg, Virginia, at a meeting in open session of such Council to be held in the Council Chamber, Town of Leesburg; Virginia, on the ]l:th day of January, 1967, at 7:30 o 'clock P.M. (Eastern Standard Time). After the receipt and opening of such bids, the Council will proceed with the considera- tion of the granting of such franchise in the manner prescribed by ' law. All bids must be in writing and the successful bidder shall pay all costs for advertising the franchise in addition to the sum bid by it. The right is hereby expressly reserved to reject any and all bids. The proposed franchise ordinance is as follows: AN ORDINANCE asking bids to be submitted for franchise to use and occupy the streets, alleys, and other public grounds of the Town of Leesburg, as the same now exists, or may here- • after be laid out for a franchise , right of• converience or privilege to erect, operate and maintain poles, cables, and all other electrical equipment, structures, or fixtures neces- sary and incidental to the -operating of a community antenna system service and closed circuit television transmission service , subject to the limitations and restrictions herein set forth under , over, upon and across the streets, alleys, sidewalks, and public places of the Town of Leesburg, Vir- ginia, for the purpose of erecting, operating and maintaining a community antenna system and closed circuit television transmission service for the use of the residents and citi- zens of said Town, and for the persons, firms, and corpora- tions doing business therein, and to use the property of other companies upon such arrangements and conditions as the companies may agree. 287 MINUTES OF DECEMBER 7, 1966 SPECIAL MEETING. BE IT ORDAINED BY THE TOWN COUNCIL OF LEESBURG, VIRGINIA: .That bids in writing be received by the presiding officer of the Council at a meeting thereof , in open session, to be held on the nth day of January, 1966 , at 7:30 o 'clock (Eastern Standard Time) for a franchise to use and occupy the streets, alleys and other public grounds of the Town of Leesburg as the same now exist, or may hereafter be laid out, for a franchise, right of convenience or privilege to erect , operate and maintain poles, cables, and other electrical equipment, structures, or fixtures necessary 111 and incidental to the operating of a community antenna system service and closed circuit television transmission service , sub- ject to the limitations and restrictions herein set forth under, over , upon and across the streets , alleys, sidewalks, and public places of the Town of Leesburg, Virginia, for the purpose of erecting, operating and maintaining a community antenna system and closed circuit television transmission service for the use of the residents and citizens of said Town, and for the persons, firms, and corporations doing business therein, and to use the property of other companies upon such arrangements and conditions 0 as the companies may agree. I!) O The Council reserves the right to reject any and all bids. The DD person or corporation to whom the grant is finally made, if any, Jshall reimburse the Town for the costof advertising this ordi- nance as required by law. . The form of the franchise for which bids are hereby requested shall be substantially as follows : (Ordinance on Pages 283-286) . Councilman Fishback presented to Council the proposed plans for the building at the sewage treatment plant , stating that he believed this plan .to be too expensive, it would look like about $60,000.00. Town Manager Ritter explained that Johnson and Williams are proceeding with the plans on the plant and that Council should decide right away what type of struc- ture they want, either to go ahead with this plan or tell Johnson and Wil- liams what they want. He explained that the front elevation is what is seen from Route 7. This plan shows the brick recessed in front and a lot of window dressing, as well as brick around the tanks and across the back of the building, which all runs into money. Mr. Ritter stressed the fact . that this must be decided on before we can appear before the County ,Planning Commission to ask for a commission permit. Mr. Fishback said he believes the front of the building should be brick-faced, but he can see no necessity for brick around the concrete tanks. He would estimate that this building could be constructed for approximately $20,000.00 less than this plan would call for. Mayor Rollins asked Mr. Ritter to have Mr. Williams come to the next Council meeting regarding these plans. Mayor Rollins asked Council members to give consideration to the appoint- ment of two new members to the Planning Commission and one to the Board of Zoning Appeals at the December 28 meeting. The Council appointsthe Planning Commission members, but the Board of Zoning Appeals is appointed by Judge Snead, however , names can be submitted to Judge Snead for his consideration. There being no further business, the meeting adjourned at 8 :20 P.M. 7ge2L- Mayor e . Clerk of t 'e Council