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HomeMy Public PortalAbout1998_06_23TOWN COUNCIL MEETING MINUTES OF JUNE 23, 1998 A regular meeting of the Leesburg Town Council was held on Tuesday, June 23, 1998 at 7:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia 20178, Municipal Government Center. The meeting was called to order by Mayor James E. Clem. COUNCILMEMBERS PRESENT J. Frank Buttery, Jr. Jewell M. Emswiller Joseph R. Trocino Kristen C. Umstattd B.J. Webb William F. Webb, Jr. Mayor James E. Clem STAFF MEMBERS PRESENT Town Manager Steven C. Brown Deputy Town Manager Gary A. Huff Director of Engineering and Public Works Thomas A. Mason Director of Planning, Zoning and Development Michael Tompkins Chief of Plan Review Paul Gauthier Planner Marilee Seigfried Assistant Town Manager for Economic Development John Henry King Deputy Town Attorney Deborah Welsh Clerk of Council Barbara Markland 1. INVOCATION was given by Councilmember Jewell M. Em. swiller 2. SALUTE TO THE FLAG was led by Councihnember William F. Webb, Jr. ROLL CALL all members of Council were present. 4. APPROVAL OF MINUTES MOTION: On motion of Councilmember William Webb, seconded by Councilmember Umstattd, the regular meeting minutes of May 26, 1998 and June 9, 1998 were approved as corrected by Councilmember Umstattd. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William Webb, Mayor Clem Nay: None CERTIFICATES OF APPRECIATION were presented to Peter Burnett for being awarded the BAR Leader of the Year and for his appointment as President-elect of the Loudoun BAR Association and to Councilmember Jewell M. Em. swiller for her years of service as a Councilmember. Councilmember B. J. Webb presented a video presentation honoring Vice-Mayor William F. Webb, Jr., for his 37 years of service to the Town of Leesburg. 6. PETITIONERS Mr. Gary_ Spetz, a resident of Kincaid Forest and President of the Kineaid Forest Homeowners Association, addressed thc Council in opposition to the proposed Leegate Center rezoning. Mr. Spetz read from a written statement which is attached and made a part of the official record. Ms. Barbara Emmons, a resident of 775 Gateway Drive, S.E., addressed the Council in opposition to the proposed Leegate Center rezonmg. Ms. Emmons read from a written statement which is attached and made a part of the official record. Mr. Craig Lane, a resident of 613 Cobbler Terrace, S.E., addressed the Council in opposition to the proposed Leegat¢ Center rezoning. -2- Mr. Allan Furman, a resident of Linden Hill Way, S.W., addressed the Council regarding agenda item 10. (i) requesting the Council not permit the developer of the stormwater detention pond to extend the bond more than six months. Mr. Richard Adamson, a resident of 667 Tammy Terrace, S.E., addressed thc Council in opposition to the proposed Leegate Center rezoning. Mr. Adamson read from a written statement which is attached and made a part of the official record. Ms. Sandra Kane, a resident of 815 Kenneth Place, S.E., addressed the Council in opposition to the proposed Leegate Center rezoning. Ms. Kane read from a written statement which is attached and made a part of the official record. Ms. Cheryl Kilday representing the Loudoun Tourism Council thanked the Council for their continued support and additional funding this year. Ms. Kilday presented Councilmember Emswiller with a Certificate of Appreciation for serving on the Loudoun Tourism Council. Mr. Christopher Romero, a resident of Kincaid Forest, addressed the Council in opposition to the proposed Leegate Center rezoning. Mr. Leonard McDonald, a resident of Pershing Avenue, addressed the Council in opposition to the proposed Leegate Center rezoning. 7. COUNCILMEMBER COMMENTS Councilmember William F. Webb, Jr. thanked the Council, staff and citizens for their support during his tenure with the Town of Leesburg. Councilmember Frank Buttery_ stated he has enjoyed serving with Councilmembers William Webb and Jewell Emswiller. He welcomed the two new Councilmembers, Bob Zoldos and Leonard McDonald, into office on July l, 1998. Mr. Buttery encouraged everyone to take part in the Fourth of July festivities planned at Ida Lee Park on the Fourth. He announced that Leadership Loudoun will begin its next session soon and is seeking individuals to participate m the program. Any one interested should contact Kaj Denfler or Councilmember Trocino. Mr. Buttery encouraged everyone to check on the elderly during the extreme hot weather to make sure they are okay. Councilmember Kfisten Umstattd congratulated Councilmembers William Webb and Jewell Emswiller on their tenure with the Town of Leesburg. Ms. Umstattd pointed out that approximately 1,500 participants m the Bike Virginia Tour will be passing through Leesburg during the weekend. The American Legion Post 34 recently held its election of officers. Councilmember Umstattd stated, "I would like to thank everybody who came out to speak tonight. Those who spoke against the Leegate application included, even though, for reasons that I am about to explain I intend to support this application. I think as a Council we unwittingly and unintentionally do a disservice to the public when we direct all of the intention to the Town Plan and none of it to the underlying Zoning Ordinance. Trying to balance this Town Plan with its vision of a high paid economic comdor with our Zoning Ordinance which calls for industrial as well as office use of the property is like trying to balance an elephant on a two legged table. When you look at what can be done by-right on this property - which means the developer whether its Pence-Friedel or some other developer - what they have the right to do under Virginia law - and we don't make law on this Council, that it is made by our General Assembly which is very pro business in this state. But what they can do is put four intersections on Route 7 with four separate traffic lights instead of one with a right in and right out. What they can do if they want to, is put a store, a building, a Lowe's or whatever in the middle of the area that we hope would be reserved for a cloverleaf intersection. Which brings me then to the question, do you want a cloverleaf there? I don't for the reason that I have taken a lot of rack, understandably, for being on Council when the new bridge and intersection was built at the bypass. People are starting to tell me Leesburg is beginning to look like Los Angeles. I think if we have a full cloverleaf just east of that intersection, we'll be half the way there, already. -3- I would like to see office uses there, but that's not the only use that by- right zoning allows to go there. There is the impact of office use on transportation. Office users put more traffic on the roads, during rush hour, than do retail centers. This information is from VDOT. Second, the appearance issue. I have taken to heart the comment made by one member of the Kincaid Homeowners Association when he said, 'please remember I have to look at whatever goes there and it may be selfish, but I don't want to look at this shopping center'. I am worried about what can go there by-right. For example, under our zoning, you could have a major or minor utility. That would include an electrical transformer station. One of those large ones with the coils and the fencing, etc. That is not an attractive use of the property, but it is a by-right use. We could have cellular communication towers there which given the direction that industry and this economy is going, I think is a very likely use for that property and it is a very marketable use. We recently had a gentlemen who came in here and got authority to build a 199 foot tower in an industrial zoned area in Leesburg. This is the same zoning as the Leegate Center property. He just sold his tower pad for a nice profit, so that is a very attractive use - and the Rt. 7 Corridor is a very attractive place to have large mono-poles, cellular communication towers. Furthermore, because of Federal legislation, The Federal Telecommunications Act, we as a local government have been denied the right to say no to these. The only thing we can do is say, well if we have something zoned industrial we can put them all there. This land is zoned industrial, so my fear is they are all going to go there. The alternative is that we have the possibility of an architecturally coordinated center. It may not be what most people want there. We may want an office park. But, I look at cellular telecommunication towers, and I look at transformer stations and I think, that could be our future in this corridor. Third issue, environmental protection which is always very near and dear to my heart. Industrial use is not necessarily desirable. According to the Washington Post in the last month, the Post has chronicled several industrial facilities in Loudoun which are among the regions, Northern Virginia's, largest polluters. That could go there too. Revenge. I thoroughly sympathize with the two members of the homeowners association at Kincaid Forest who said we don't want First Potomac to get a dime - given what they have done to us. We don't want Leegate to get a dime. But when you have an owner who is in bankruptcy, it's the creditors, the people who innocently did work and didn't get paid, not the principals who are either going to see money or not based on whether this deal were to go through. So, even if revenge were something that, my heart aside, I could as a council member vote to endorse. It won't be effective. Financially. Many folks tonight have called the proffer system a system of bribes. And actually it may or may not surprise you to know, the developer more than the politicians view it that way. They hate the proffer system because they end up having to come up with more and more money to get approvals. Most developers would prefer some other system. But we are looking at proffers that are close to 1.4 million dollars in improvements. I recognize there is a sentiment, as I have heard expressed tonight, that for the convenience - recreational convenience of one side of town which we shouldn't totally shat~, give the shat~ to another side of town. I agree with that sentiment. But, I also understand that a recreational facility - and the several that Pence-Friedel has offered are going to be impossible for us to afford for years and years, by which time the children who might be able to benefit next year will be grown and gone. It is not just the children of those who live in Woodlea and Country Club and Greenway; its the children of everybody in the Town who would use the ball fields, or the tennis courts or the trail. It is more, I think, than just a convenience. It would be the only way the folks in the southwest and the folks throughout the town have a way of visiting each other without getting in their cars and driving. I think a legitimate argument against this proposal would be that it would bring too much competition in for existing retail. That argument has been made a couple of times. But, I am not entirely convinced that it is the role of government to make a decision as to which retailer should succeed and which should fail. And what that argument does, I think, is pit the existing retailers against the consumers, who are always going to benefit from a lower price for the goods - and if one retailer can offer a lower price, then I think a consumer has a right to go there and save money. Finally, when you look at what is being proffered, it's almost $ cents oh the real estate tax rate in the town or 30% of our existing tax rate. So in order to fund what is being proffered we would have to raise taxes in this town by 30%. I haven't ever voted for a tax increase, and I don't intend to. But to provide the kind of facilities a growing town needs, its either tax or get them from the private sector and I would prefer to get them from the private sector. So, I know you all feel passionately about this, and I sympathize with you. You have done an eloquent job - and you have done a superb job laying out the facts. But the way I see it, is what is going to come to that corridor if Leegate fails is going to be far worse than what we have got now. Councilmember Trocino also congratulated Councilmembers William Webb and Emswiller for their years of service to the Town of Leesburg. Mr. Trocino encouraged everyone to attend the Fourth of July festiva'ties at Ida Lee Park. He stated the naming of the formal gardens at the Thomas Balch Library in honor of B. Powell and Agnes Harrison is appropriate. Mr. Trocino suggested appointing a panel of specialists to look into the town's position regarding information technology, stating he feels the town is falling behind. Councilmember Jewell Emswiller thanked the Council, town staff and the citizens for their support during her tenure with the Town of Leesburg. Councilmember B. J. Webb stated she is honored to have served with Councilmembers William Webb and Jewell Emswiller. Ms. Webb attended the successful All Night Graduation party at Ida Lee Park. The Loudoun School/Business Partnership program is moving forward. Ms. Webb disclosed that she met with representatives of KSI/Goose Creek Communities and Pence-Friedel. Ms. Webb attended a dinner in honor of B. Powell and Agnes Hamson and thanked everyone who helped with the preparation of the video honoring Vice-Mayor William F. Webb, Jr. 8. MAYOR'S REPORT Mayor Clem stated it has been great working with Councilmembers William Webb and Jewell Emswiller. They have served the town well and will be missed. He reminded everyone of the Fourth of July activities at Ida Lee Park. Mayor Clem offered his condolences to the Douglas family. 9. MANAGER'S REPORT Mr. Brown thanked Councilmembers William Webb and Jewell Emswiller for their support on behalf of the town staff. 10. LEGISLATION 10. (a) MOTION: On motion of Councilmember B. J. Webb, seconded by Councilmember Umstattd, the following ordinance was proposed and adopted. 98-0-13 - ORDINANCE - AMENDING THE LEESBURG ZONING MAP AND APPROVING REZONING APPLICATION #ZM-I$$ LOUDOUN COUNTY COURTS PROJECT BY THE LOUDOUN COUNTY BOARD OF SUPERVISORS AND THE LEESBURG TOWN COUNCIL Councilmember Umstattd stated she will vote against this ordinance because the cost has doubled and the citizens voted it down. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, B. J. Webb, William Webb, Mayor Clem Nay: Councilmember Umstattfl 10. (b) MOTION: On motion of Councilmember Emswiller, seconded by Counciimember William Webb, the following ordinance was proposed and adopted. 98-0-14 - ORDINANCE - AMENDING SECTIONS 17-69(a) and (b) and 17-177(b) OF CHAPTER 17 OF THE LEESBURG TOWN CODE, RELATING TO THE BUSINESS, PROFESSIONAL, AND OCCUPATIONAL LICENSE TAX -5- VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William Webb, Mayor Clem Nay: None 10. (c) MOTION: On motion of Councilmember William Webb, seconded by Councilmember Umstattd, the following ordinance was proposed and adopted. 98-0-15 - ORDINANCE - AMENDING SECTION 2-86.1 OF THE TOWN CODE PERTAINING TO BAD CHECK FEE VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. I. Webb, William Webb, Mayor Clem Nay: None 10. (d), (0, (g), (h) MOTION: On motion of, and duly seconded, the following resolutions were proposed as consent and adopted. 98-142 - RESOLUTION - INITIATING AND REFERRING AN APPLICATION BY THE COUNCIL TO REZONE #ZM-156, CERTAIN ROYAL STREET PROPERTIES, C/O KAREN COOPER FROM R-HD TO B-l, TO THE PLANNING COMMISSION 98-143 - RESOLUTION - AWARDING A CONTRACT FOR REHABILITATION OF THE MUNICIPAL GOVERNMENT CENTER PARKING STRUCTURE 98-144 - RESOLUTION - ACCEPTING PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR PUBLIC IMPROVEMENTS AT LEESBURG SOUTH WATERLINE EXTENSION (SERVING EVERGREEN MILL ELEMENTARY SCHOOL) 98-145 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR LEESBURG GATEWAY CONDOS VOTE: Aye: Councilmembers Buttery, Em, smiler, Trocino, Umstattd, B. I. Webb, William Webb, Mayor Clem Nay: None 10. (e) was referred to a special meeting of the Town Council on June 25, 1998 at 4:30 p.m. 10. (i) MOTION: On motion of Councilmember Umstat-td, seconded by Councilmember Trocino, the following resolution was proposed and adopted as amended by the Council to allow a six month extension. 98-146 - RESOLUTION - AUTHORIZING A TIME EXTENSION FOR COMPLETIOI~ OF PUBLIC IMPROVEMENTS AND APPROVING A PERFORMANCE GUARANTEE FOR THE GREENWAY FARM ULTIMATE STORMWATER MANAGEMENT POND VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William Webb, Mayor Clem Nay: None 10. (j) MOTION: On motion of Councilmcmber William Webb, seconded by Councilmember Emswiller, the following resolution was proposed and adopted. 98-147 - RESOLUTION - NAMING THE THOMAS BALCH LIBRARY GARDEN AS THE B. POWELL AND AGNES HARRISON GARDENS Councilmembcr B. J. Wcbb asked that a letter b~ sent to the Hamsons informing them of this resolution. -6- VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William Webb, Mayor Clem Nay: None 11. NEW BUSINESS 11. (k) MOTION: On motion of Councilmember B. I. Webb, seconded by Councilmember Umstattxl, the following resolution was proposed and adopted. 98-148 - RESOLUTION - AUTHORIZING THE ASSIGNMENT OF THE FBO LEASE AGREEMENT BETWEEN THE TOWN OF LEESBURG AND AMERICAN BEECHCRAFT COMPANY TO PIEDMONT/HAWTHORNE HOLDINGS, INC. VOTE: Aye: Councilmembers Buttery, Emswiller, Trocino, Umstattd, B. J. Webb, William Webb, Mayor Clem Nay: None On motion of, and duly seconded, the meeting was adjourned at 9:50 p.m. Jl~tnles E. Clem, Mayor ~ot~ Clerk of Council -7- 10. (g) MOTION: On motion of Councilmember Emswiller, seconded by Councilmember B. J. Webb, and amended by Councilmember Buttery, the following resolution was proposed and adopted by a roll call vote of 6-1-1. 98-126 - RESOLUTION - ESTABLISItING A NON-STOCK CORPORATION TO ADMINISTER FINANCIAL CONTRIBUTIONS VOTE: Aye: Councilmembers Emswiller, Trocino, Umstattd, B. I. Webb, William F. Webb Nay: Councilmember Buttery Absent: Mayor Clem On motion of, and duly seconded, the meeting was adjourned at 11:45 pm. Clerk of Council Clem, Mayor Text of remarks to June 23, 1998 Leesburg Town Council meeting Good Evening. My name is Gary Spetz, President of the Kincaid Forest Homeowners Association. I am speaking on behalf of the Kincaid Forest HOA Board of Directors. With regard to the Leegate Center project, I applaud the Planning Commission's vote to reject the rezoning application and its unanimous rejection by the Council's own Planning and Zoning Subcommittee. I went on record opposing this application on April 2 and May 26, and I do so again tonight: I oppose this rezoning application and its associated special exceptions. I ask the Council to reject it tonight. Of course, the vote tonight concludes nothing. Indeed, it is merely a reminder of our ongoing concern over development throughout Northern Virginia, in general, and of Leesburg, in particular. Kincaid Forest has been in the "front lines", so to speak, with both the Leegate Center project and the default of our own developer. Both situations have been confounded by inconsistent information and confused lines of authority. The most perplexing issue was, and still is, the 'by-right' issue. 'By-right' construction is the implicit 'blackmail' underlying this entire debate; even a Council member on the Planning and Zoning Subcommittee expressed concerns over it. (He didn't go so far as to refer to it as 'blackmail', however). Our own Board has concerns right now over this authority and the apparently related issue of'special exceptions'. Tonight I ask the Town Council to task your staffs--planning, legal, whichever--to thoroughly investigate this authority and the legal recourses available to Leesburg to ensure that any by-right construction is done with the same attention to Town impact--including Kincaid Forest, its adjacent neighbor and potential victim-- as the Leegate Center project. I would like to remind the Council that any development on the Leegate property or the East Route 7 corridor would effect the quality of life of Kincaid Forest'citizens more than in any other residential community in Leesburg. I expect the Town to exercise its full authority--and hope that Mr. Pence and his representatives extend their Leegate Center commitments--to ensure that line-of-sight considerations and sound and ambient light pollution problems are competently mitigated. Another issue that disturbs me is the 'contributions' that the Leegate Center developer--any developer, for that matter--is offering the Town contingent upon acceptance of its application. These contributions disturb me because, while certainly above-board, they interfer with the ability of the ongoing dialogue to be based on the merits of the situation. These types of contributions also attempt to inappropriately confuse our ability to assess 'interested parties'; for example, citizens that lived miles from Leegate Center suddenly declared their interest based on a recreational convenience and spoke in favor of accepting the rezoning application. I hope that Kincaid Forest never becomes so narrow-minded that we would countenance the suffering of other residential areas for our own Community conveniences. With your rejection of this application tonight, you are making the exceedingly important statement that development in Leesburg will be decided on the basis of merit and law and not by the depth of one's pocket. Thank you. Leegate 6/23/98 Good Evening Mayor Clem and Town Council Members - From H~'e~sfe~'.~ Z)/c#o, eaO; I bring you the following: BRIBE ~ Money or favor given or promised in order to influence the judgment or conduct of a person in trust. Something that serves to induce or influence. INTEGRITY - Firm adherence to a code of moral or artistic values; incorruptibility. INCORRUPTIBILITY - Incapable of being bribed or morally corrupted. At the Planning Commission and Town Council hearings for Leegate. the applicant stood up and defended the professional and personal integrity of Pence-Friedel to what appeared to be a hostile crowd. The project was not being welcome or embraced as they had expected. This same applicant then resorts to what amounts to as bribery, pure and simple, in order to gain approval for the Leegate Shopping Center. The thinly disguised Iproffersl that the applicant most recently submitted are in NO WAY related to the scope of the project itself. Nor do they in ANY WAY change the fact that this is not the time, not the place, for the retail components they seek to build. In light of this pending application we now have Leesburg Commons coming back out of the woodwork, circling overhead, waiting to go in for the kill should Leegate be approved. Doesn't Leesburg have enough trouble with buzzards as it is?? It's time for the Town of Leesburg to set an example of what integrity really stands for - stick to the Town Plan. heed the advice of the Planning Committee and hear the concerns of your citizens. Just say No, thank you, to Leeg&te. Leesburg VA 20177 Good evening. My name is Richard Adamson and I live in the Kincaid Forest subdivision adjacent to the Leegate Center property. Although I am a member of the Board of Directors of the Kincaid Forest Homeowners Association, I speak to you tonight on behalf of myself, my wife Kathryn and daughters Jennifer and Lauren. We purchased our home in 1994 after long, careful consideration of many alternatives. The foresight of the Leesburg Council in establishing the zoning limitations for East Market Street and the Route 7 corridor was an important issue in our decision to buy where we did. I want to remind Council that the development of the Leegate Center property will affect the Kincaid Forest citizens and voters more than any other neighborhood in Leesburg. The line-of- sight considerations along with traffic, sound, light, and air pollution problems are of major concern to us all. I, too, applaud the Planning Commission and the Zoning and Planning Committee in voting to reject the rezoning application. I oppose this application and its associated special exceptions. I ask the Council to join me in opposition and reject it in your vote tonight. This is not, however, just your typical "not in my backyard" speech. I was shocked when I heard of the various "special exceptions and contributions" being offered by Pence-Friedel. Initially to me, these "special exceptions" sound like bribes. The Oxford Dictionary defines "bribe" as "persuade (a person etc.) to act improperly in one's favor by a gift of money, services, etc." Upon further scrutiny though, one finds this to be a standard business practice. It happens all the time. Is the Town ofLeesburg a business? NO! It is a representative government. Although we often think that govemement should be run "like a business", the operative words "like a business" tell us that it is not so. While this improper type of persuassion is acceptable in business, it is not acceptable in this government. Kincaid Forest has long stood against changes to the Town Plan regarding the Leegate property. We will stand against this application and show that our integrity is not for sale. Ballfields, tennis courts and bike trails are, surely, nice recreational conveniences. But these special contributions confuse, detract and conceal the facts and merits of this rezoning application. While citizens (seemingly "interested parties"), miles from Leegate Center, may speak in favor of acceptance, it can only be from unaffected day-to-day lives, a lack of pertinent information, or excess self- benefit via the depth of this developer's pocket. I, for one, will never be in favor of rezoning along 15 South, even for their very own strip mall. With your rejection of this application tonight, you are confirming a belief that our elected representatives can see past all the smoke and mirrors, listen beyond all the bells and whistles, and make decisions on the basis of merit and law. My family recently spent time in Australia, where they have a phrase for someone who does the right thing. Please, let me be able to say to you, "Good On Ya, Mate!" Thank you. TOWN OF LEESBURG TOWN COUNCIL MEETING JUNE 23, 7:30 PM I am Sandra Kane. I live at 815 Kenneth Place in Kincaid Forest. I address this Council representing my husband, Bill, and myself, as residents of Leesburg, and as a director serving on the HOA Kincaid Forest Homeowners Association Board. We are greatly impacted by the rezoning of the 48-acre tract located east of Leesburg on Route 7. Consequently, we remain vehemently opposed to the approval of the rezoning application for this tract. In 1997, the Town Council deemed it appropriate to establish a Town Plan by which they would be guided in the best interest of the residents of Leesburg. A committee was selected to include residents of the community, as well as Town officials. At that time, the Council adopted a Town Plan for the good of the community at large. We are in favor of the Council continuing to use this Plan as a guide that is representative of what the community has addressed as appropriate for our growth. Great emphasis has always been given to the historic section of Leesburg and appropriately so. However, the ENTIRE community of Leesburg should be given equal consideration, as all of this area has greatly impacted the history of Loudoun County. Residents not living within the historic section should receive your guarantee that you are interested in serving their best interests equally. Please recognize that we look to you to weigh carefully ALL "rezoning" applications, answering the question, are they really in the best interest of our community? Given that we currently have seven percent of unoccupied retail space in Leesburg and over 600,000 square feet designated in retail along the Leesburg Bypass and East Route 7 interchange, we are unclear as to the wisdom that additional retail space is needed. Further, many more thousands of square feet have already been rezoned for retail. Through our research, we have not found any statistics that indicate that the Town of Leesburg is in need of or could support additional retail space, especially in the form of strip malls. The population of 21,500 cannot continue to support the retail establishments at the rate given for construction. Simply put, Leesburg has too much retail space committed without rezoning additional property to increase this type of construction. We request that you abide by the wisdom of the committee that developed the 1997 Town Plan. The Leegate tract should be used for light industrial/office development. Let's work to encourage that kind of business to come to the Town of Leesburg. The tax base for the community would still be preserved and higher-paid jobs would become available to the residents of our Town. From the beginning of our opposition to the rezoning of the Leegate tract, we have encountered nothing but a lack of interest of the concerns of the residents by the principals requesting this rezoning. The Pence-Friedel principals and their representatives never approached the residents of our community until Vice Chair William Webb requested them to do so. We have witnessed and read about "girls" being promised to various factions throughout the Leesburg community. It has appeared that the size of these "girls" has increased dramatically as it became apparent that the rezoning application was not a sure thing. We are appalled to see business being conducted in this manner. We continue to remain unwavering in our belief that the Town Council members will show foresight by rejecting this rezoning application to minimize excessive retail expansion in the Town of Leesburg. We encourage you not to abandon the plans that you adopted for the development of our community. Please give consideration to this issue based solely on the merits of this project relative to the needs of the Town of Leesburg. We implore you to stand firm and strong against the pressures of developers' special girls to sway your vote. The Town Council needs to remain united in its goals, always acting in the best interest of all of its residents. The Route 15 Bypass and East Market Street retail centers are daily reminders of how developers are allowed to continue to ravage the land of our community, such as the triangle design that includes McDonalds, Applebee's and the tractor center with an over-sized tractor parking lot--an excellent example of community enhancement by Pence-Friedel. In our opinion, their ideas continue to remain self-serving and not in the best interest of the Town of Leesburg and its residents. Please cast your vote to deny this rezoning application. Thank you for the opportunity to address this issue this evening.