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HomeMy Public PortalAbout1968_03_13 181 MINUTES OF MARCH 13, 1968 MEETING. in the R-1 District, to provide for a minimum lot size of 5,000 square feet for a two-family semi-detached dwelling in the R-2 District; to provide for increased front yard depths in the R-1, R-2, R-4, B-2 and M-1 Districts and to provide for increased side yard widths in the R-2 and R-4 Districts. Councilman Murray reported that there was some discussion, in the Committee of three from the Planning Commission appointed to study this matter, regarding the change from 8,000 to 10,000 square feet as a minimum lot size in the R-2 Dist trict, that two of the Committee felt that, when the size of the building lot is raised, all you are doing is raising the price of the house so that the middle .� income individual may not be able to afford the house. Raising the square footage, of the lot does not necessarily mean that an individual still could not build a cheap house on the lot. There were some. people who appeared against this change at the Planning Commission Hearing. He said he feels that, by increasing the setback in the commercial areas, 'you are increasing the burden on the builder. He feels that setbacks from major thorofares or major planned thorofares are an absolute necessity to eliminate excessive land acquisition costs in the case of widening roads. He said he believes the setback should be based on the space needed. In areas outside the Town, it has already been planned that the road be widened and that the setback be based on the width determined by, either the Cg CO Town or the County. He cited Catoctin Circle as an example. He said he believed CO setbacks in commercial and industrial areas should be measured from wherever the road �► is proposed to be widened. However, the Planning Commission did recommend that these proposed changes come to the Council for Public Hearing. V Mr. Forbes explained that this proposed change in setbacks would be as fol- lows: 30' setback in the R-1 and R-2 Districts 25 ' setback in the B-2 District 35' setback in. the R-4 and M-1 Districts • Mayor Rollins asked if there was anyone in the audience who wishedto say anything either for or against these proposed changes. Mr. John Alderman said 111 he believed Mr. Murray had expressed his views on the subject. He said he does not see any reason for making any changes in the setbacks, he believes the re- quirements are adequate as they exist. Perhaps, in the case of a new highway or subdivision, new. zoning might be needed. Councilman Hill asked him if he is con- cerned only with setbacks. Mr. Alderman. said "Yes," that he does not care any- thing about the minimum lot sizes. On motion of Councilman Orr, seconded by Councilman Howard, the following Ordinance was placed on the floor for discussion: WHEREAS, the Leesburg Planning Commission caused a Notice of a Public Hearing on the question of the following amendments to the Leesburg Zoning Ordinance to be published on the 12th and 19th days of October, 1967, in the Loudoun Times-Mirror, a newspaper published in and having general circulation in the Town of Leesburg, a Notice in accordance with the provision of Chapter 11, Section 15.1-431 of the 1950 Code of Virginia, as amended, that the- said Commission would hold a Public Hear- ing on the question of the following amendments, which Public Hearing would be held on. the 2nd day of. November, 1967, and which Notice desig- nated the time and place of such hearing; and WHEREAS, the said Leesburg Planning Commission did hold such Public Hear- ing and heard all persons desiring to be heard on the question of adopt- ing the following amendments; and WHEREAS, the said Commission thereafter considered the question of adopt- ing the following amendments and , at a regular meeting held on the 1st day of February, 1968, the said Commission duly adopted and recommended 5 to the Council for the Town of Leesburg the enactment of the following amendments; and WHEREAS, the Council for the Town of Leesburg caused a Notice of Public Hearing on the following amendments to be published on the 22nd and 29th days of February, 1968 in the Loudoun Times=Mirror, a newspaper published in and having general circulation in the Town of Leesburg, a Notice in accordance with the provisions of Chapter 11, Section 15.1-431 of the 1950 Code. of Virginia, as amended, that the said Council would hold a 182 MINUTES OF MARCH 13, 1968 MEETING. Public, Hearing on the following amendments, which Public Hearing would be held on the 13th day of March, 1968, and which Notice designated the time and place of such hearing; and WHEREAS, the said Council did hold a Public Hearing and heard all per- sons desiring to be heard on the question of enacting the following amendments to the Leesburg Zoning Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council for the Town of Leesburg, Virginia, that the Leesburg Zoning Ordinance be and the same is- hereby amended as follows : • Amend Article 8, Section 8-1 , by deleting the figure 8,000 and inserting in place thereof the figure 10,000 under lot size minimums in the R-1 District; by: deleting the figure 60 and inserting in place thereof the figure 75 under width in the R-1 District; by deleting the figure 20 and inserting in place thereof the figure 30 under front yard least depth in the R-1 District; by deleting the figure 20 and inserting in place thereof the figure 30 under front yard least depth; by deleting the wording under side yards - least, widths in the R-2 District and in- serting in place thereof the figure and abbreviated word 10 ft. ; by de- leting the figure 20 and inserting in place thereof the figure 35 under front yard least depth, in the R-4 District ; by deleting the figure 8 after multi-family dwelling under side yards least widths in the R-4 District and inserting in place thereof the Figure 12; by deleting the phrase "same as B-1" and inserting in place thereof the figure 25 under front yard least depth in the B-2 District, and by deleting the figure 25 and inserting in place thereof the figure 35 under front yard least depth in the M-1 District. This matter was discussed at length by all Council members, with different views being expressed and various phases being explained by Mr. Forbes, who finally suggested that perhaps this matter could wait until he can rewrite the entire Ordinance, in which the regulations governing setbacks will be related to maps. On motion of Councilman Murray, seconded by Councilman Fishback, this Ordinance was unanimously tabled until such time as the new Ordinance has been prepared, with the exception- of the following: • Amend Article 8, Section 8-1, by deleting the figure 8,000 and inserting in place thereof the figure 10,000 under•lot size minimums in the R-1 District; and by deleting the figure 60 and inserting in place thereof the figure 75 under width in the R-1 District. On motion of Councilman Orr , seconded by Councilman Fishback, the following Ordinance was placed on the floor for discussion: WHEREAS, the Leesburg Planning Commission caused a Notice of Public Hear- ing on the question of the following amendments to the Leesburg Zoning Ordinance to be published on the 14th and 21st days of December, 1967, in the Loudoun Times-Mirror, a newspaper published in and having general circulation 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 Commission would hold a Public Hearing on the question of the following amendments, which Public Hearing would be held on the 4th day of January, 1968, and which Notice designated the time and place of such hearing; and WHEREAS, the said Leesburg Planning Commission did hold such Public Hear- ing and heard all persons desiring to be heard on the question of adopt- ing the following amendments; and WHEREAS, the said Commission thereafter considered the question of adopt- ing the following amendments and, at a regular meeting held on the 1st day of February, 1968, the said Commission duly adopted and recommended to the Council for the Town of Leesburg, the enactment of the following amendments; and • WHEREAS, the Council for the Town of Leesburg caused a Notice of Public Hearing on the following amendments to be published on the 22nd and 29th days of February, 1968 in the Loudoun Times-Mirror, a newspaper published in and having general circulation in the Town of Leesburg, a Notice in adcordance with the provisions of Chapter 11 , Section 15.1-431 of the 183 MINUTES OF MARCH 13, 1968 MEETING. 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 13th day of March, 1968, and which Notice designated the time and place of such hearing, and WHEREAS, the said Council did hold a Public Hearing and heard all per- sons desiring to be heard on the question of enacting the following amendments to the Leesburg Zoning Ordinance; . NOW, THEREFORE, BE IT ORDAINED by the Council for the Town of Leesburg, Virginia, that the Leesburg Zoning Ordinance be and the same is hereby amended as follows : Amend Article 15 by adding thereto the following definitions subsequent to Section 15-1-5: 15-1-5a DWELLING, ONE-FAMILY DETACHED: A detached building designed for, or occupied by, one family, including not more than two rooms for roomers. N 15-1-5b DWELLING, TWO=FAMILY DETACHED: A dwelling arranged or designed (d to be occupied by not more than two families and containing only Cit two dwelling units without a party wall. U 15-1-5c DWELLING, TWO-FAMILY SEMIDETACHED: A dwelling forming one of a series of two attached one-family dwellings.separated from one another by a party wall without doors, windows, or other provisions for human passage or visibility through such wall from floor or basement to roof, and having a roof which may extend from such dwelling unit to another, continuously, in whole or in part. Amend Article 15, Section 15-1-6a by deleting the figure 2 in the first sentence and inserting in place thereof the figure 3. I Amend Article 8, Section 8-1 by deleting all of the requirements of the R-2 Residence District and inserting in place thereof the following: HEIGHT(1) LOT SIZES (2) FRONT YARD(3) SIDE YARDS(3) (4) REAR YARD Maximum MinimumsLeast depth Least Widths (3) (5) Same as R-1 Area: 1-family: 10,000 sq.ft. 20 ft. 10 ft. except 20 ft. 2-family detached : that no side yard 10,000 sq.ft. shall be required 2-family semi-detached : for a 2-family 5,000 sq.ft. per D/U semi-detached Width: dwelling at the 1-family: 75 ft. party wall 2-family detached : 75 ft. 2-family semi-detached : 37.5 ft. per D/U Mr. Carleton Penn, Attorney, commented regarding the 5,000 square feet proposed for duplex houses, stating that this is simply a means of up-dating the Ordinance. The present Ordinance does not give any means for selling one living unit to one party and the other to another party. As it is now, you would have to sell the whole duplex house to one owner. He said i 4s apparent that it is the intent of the Ordinance to cut a 10,000 square foot°in half, and it also takes care of the side yard requirements on a duplex house. He said he believed this should II/ be done. After discussion by Council members, this Ordinance was unanimously adopted. However, discussion continued on this Ordinance and, on motion of Mayor Rollins, seconded by Councilman Fishback, Council voted unanimously to amend the 10,000 square foot requirement for 1-family dwellings in the R-2 District to 8,000 square feet. On motion of Councilman Orr ,• seconded by Councilman Pumphrey, the following resolution was unanimously adopted: WHEREAS, a plat of resubdivision titled "Resubdivision of Lot 1, Block III, Section 1 - Rock Springs, Lots 2 and 3, Block III, Section 1-A - Rock Springs and a portion of the land of A. L. B. diZerega III et al, " 1.84 MINUTES OF MARCH 13, 1968 MEETING. was presented to the Leesburg Planning Commission at a regular .meeting held on March 7, 1968 for consideration under the provisions of Section V of the Leesburg Subdivision Ordinance, and WHEREAS, the Leesburg Planning Commission considered the said plat and determined that the provision of Section V of the Leesburg.Subdivision Ordinance had been met, and WHEREAS, the Leesburg Planning Commission, by resolution, recommended to the Council for the Town of Leesburg that the said plat be approved, NOW, THEREFORE, BE IT RESOLVED by the Council for the Town of Leesburg, II/ that the plat titled "Resubdivision of Lot 1, Block III, Section 1 - Rock Springs, .Lots 2. and 3, Block III , Section 1-A, Rock Springs, and a portion of the land of A. L. B. diZerega, III et al, " be and the same is hereby approved, and the Clerk of the Council is hereby authorized and directed to affix her signature to said plat .as evidence of said approval. On motion of Councilman Murray, seconded by Councilman Pumphrey, the follow- ing resolution was unanimously adopted : BE IT RESOLVED by • the Town Council of the Town of Leesburg, that the following appropriations be made : (a) $ 400.00 - Payments to Paxton Home (b) 3,000.00 - Streets - Materials Mayor Rollins commented that the Legislature had approved a 10 per cent increase in payments on all roads except primary roads. On motion of Councilman Fishback, seconded by Councilman Hill, the follow- ing resolution was placed on the floor for discussion: . WHEREAS, a plan has been submitted by Wright-Crickenberger for the fur- nishing of a water supply to a proposed -development south of the Town of Leesburg and west of Route 15, and WHEREAS, the Utility Committee has reviewed said plan, together with Johnson and Williams, Consulting Engineer, • NOW, THEREFORE, BE IT• RESOLVED by the Town Council of the Town of Leesburg, that the water supply plan. be approved and .the amount of bond set after the following information has.been submitted : (a) Detailed plans and specifications which would meet the estab- lished Standards of the Town of Leesburg for the design and construc- tion of the water system facilities, and that the water pumping sta- tion capacity be set at a maximum of. 200 g.p.m. (b) Provide the Town with a detailed estimate. of the cost of the fa- cilities, which would set the amount of the Bond, and • • BE IT FURTHER RESOLVED, that the Bond would guarantee construction of the standpipe and water line at such time deemed necessary by the Town of Leesburg and, further, that the. Bond would run with the land and the developer and would be reviewed annually to reflect changes in construction costs, and • BE IT FURTHER RESOLVED, that all of the water facilities would be dedicated to the Town at no cost, to become a part of the Town's water • distribution system. Mr. John C. Wright, Mr. John R. Wright and Mr. W. M. Crickenberger were present and stated that this would be satisfactory with them; that it would be their understanding that this would give them Council 's assurance that they would have water and sewer to this subdivision and they could proceed with preliminary plans to be presented to the Planning Commission. Councilman Fishback said there was some question on the sewer and that Johnson and Williams had questioned using the present sewer line because it is too high for the flat land. Mr. Wright pre- sented a report from their engineer, stating that this line was adequate to serve 185. MINUTES OF MARCH 13, 1968 MEETING. these lots. It was pointed out by several Council members that they would like to see Mr. Wright and Mr. Crickenberger get together with Mr. Frank Myers, with the possibility of linking a sewer 'line from their subdivision to serve the Dry Mill Subdivision. Mr. Fishback a1= so pointed out that this is a 12-inch line, but that; as it drops down over the hill toward Evergreen Mill Road, it goes into a 10-inch line; which is too small and would cause a problem. Council discussed this further and Councilman Fishback withdrew the original motion. On motion of Mayor Rollins , seconded by Councilman Orr, Council voted unanimously that the Leesburg Planning Commission be informed that the Council has III informed Tuscarora, Inc. that the Town of Leesburg will provide 'them with water and sewer service for their proposed development, subject to final plans and specifications which will be submitted by the de- veloper to the Council. Mr. Wright told Council that they understand that Westinghouse ig going to have a good many high paid engineers com- ing in and these are the kind of people they plan to have in this com- munity. He said he believed the Town would be proud of this subdivision. Discussion followed regarding a letter from the District Engineer of the Vir- ginia Department of Highways, which letter stated that no State funds will be made available for an Urban Project on Route 7 unless ' the Town decides to adopt a ` C4 one-way street system. Mayor Rollins said that something has to be done to the C9 surface of Route 7 very soon. This matter was discussed at length, but no de- V► cision reached. Councilman Pumphrey is very much opposed to the one-way street 0 system, with the other Councilmen seemingly'in favor of this system. 0 On motion of Councilman Orr , seconded by Councilman Howard, the following resolution was placed on the floor for discussion: BE IT RESOLVED by the Town Council of the Town of Leesburg that the Town Manager be authorized to place an order with the State Depart- ment of Purchases and Supply for one police car at a price of $1,913.84. Mr. Ritter explained that this is set up in the Budget and that we do need this car to take the place of the old Ford. Dr. Orr commented that , several years I ago, it was decided that , in order to save on maintenance costs, it would be better to rotate and buy one new car each year , that this is a definite economic advantage. He said he thought air-conditioning was something to be considered. Chief Kirk stated that there was a possibility that air-conditioning might make the car over-heat and make it slower moving. Mr. Ritter said there are many other things we need worse than air-conditioning. The resolution was then unani- mously adopted by roll call vote. Councilman Fishback reported that the Utility Committee was present this afternoon for the opening of bids on the Sewage Treatment Facilities. The low bid was approximately 31 ,870,000 on the three projects', with the low bidder on the Sewer Plant and the Dry Mill Interceptor being English Construction Company, and the low bidder on the Tuscarora Interceptor being Limbach Construction Com- pany. Mayor Rollins commented that a considerable sum of this had to do with the amount of rock expected to be encountered. It could cost less, depending on the amount of. rock. Mr. Fishback said that Johnson and Williams have taken the bids back to their office for tabulation. Mr. John Wallace asked that the bids be broken down. Mr. Ritter gave the bids as follows : $1,363,720 - Sewer Plant ' 367,307 - Tuscarora Interceptor 139,067 - Dry Mill Interceptor IIMr. Wallace commented that these bids dispute the estimates given by Johnson and Williams by about $178,000.00. i Mr. Wallace also stated that, on behalf of Mr. English Cole, he would like to point out that, when he mentioned Mr. Cole in the minutes of the Council meet, ing of January 10, 1968, it was merely that he understood Mr. Cole had often ex- pressed concern about the Budget as a whole and had mentioned the transfer of funds from the Revenue Fund to the General Fund. There being no further business, the meeting adjourned at 10:00 P.M. ` fee-ca /1/ ,_,_,....--/ Mayor Clerk of the Council