HomeMy Public PortalAbout1998_06_25SPECIAL MEETING MINUTES OF JUNE 25, 1998
A special meeting of the Leesburg Town Council was held on Thursday, June 25,
1998 at 4:30 p.m., in the Council Chambers, 25 West Market Street, Leesburg, Virginia
20175, Municipal Government Center. The meeting was called to order by Mayor James
E. Clem.
COUNCII,MEMBERS PRESENT
J. Frank Buttery, Jr.
Jewell M. Emswiller
Joseph R. Trocino (absent)
Kristen C. Umstattd
B.J. Webb
William F. Webb, Jr.
Mayor James E. Clem
STAFF MEMBERS PRESENT
Town Manager Steven C. Brown
Director of Engineering and Public Works Thomas A. Mason
Director of Planning, Zoning and Development Michael Tompkins
Chief of Plan Review Paul Gauthier
Chief of Comprehensive Planning Jerry Mucci
Planner Marilee Seigfried
Deputy Town Attorney Deborah Welsh
Clerk of Council Barbara Markland
Mayor Clem called the meeting to order, stating the applicant for Leegate has requested a
deferral by letter.
MOTION: On motion of Councilmember William F. Webb, seconded by Councilmember
Kfisten Umstattd, the following resolution was proposed and adopted.
98-149 - RESOLUTION - DEFERRING APPLICATIONS FOR TOWN PLAN
AMENDMENT TP 98-01; REZONING APPLICATION ZM-153; AND
SPECIAL EXCEPTION APPLICATION SP 97-02 LEEGATE CENTER
WHEREAS, the Town Council was scheduled to act on applications of Leegate-
Beverly Road Associates for Town Plan Amendment TP 98-01; Rezoning ZM-153; and
Special Exception SE 97-02 known as "Leegate Center" at a Special Meeting of the Town
Council on June 25, 1998; and
WHEREAS, the attached letter dated June 25, 1998, was received by the Town
requesting deferral of the referenced application to a date certain &August 11, 1998.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia
that the applications for Town Plan Amendment TP 98-01, Rezoning ZM-153, and
Special Exception SE 97-02 are hereby deferred at the request of the applicant to a date
certain of August 11, 1998.
Mr. McDermott, attorney representing the applicant stated, "the purpose of this deferral is
to step back and to come back with a fresh look. We hope there will be further dialogue.
We intend to see if there are any further changes we can make."
Councilmember B. J. Webb asked Mr. McDermott if the applicant wishes to take this time
to look at this application along with the comments from the Planning Commission, Town
Council and staff to make changes in this application or is this two month deferral for
further lobbying?
Mr. McDermott stated, he could not commit at this moment that there will be any further
change. "But the applicant is committed to seeing if there is anything different that can be
done with respect to the application. We have not had the opportunity in this short time
frame to figure out whether or not there is anything different or further we can do. We
would like that opportunity."
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Councilmember Emswiller stated "there were months before Tuesday and much time
through the Planning Commission and through all the meetings before this application ever
got to the Council. Because of the time the town staff, Town Council and citizens have
spent on this application, is a substantial difference going to be made in the application if
this deferral is granted or is this time going to be used to determine there are other areas
of Leesburg where you can talk to folks about getting more money for different projects?
Is there going to be a substantial, responsible, compelling change to this application or are
you going to come back with the same application just as it is?"
Mr. McDermott addressed Councilmember Emswiller by stating, "we too have spent an
enormous amount of time and expended an enormous amount of money and resources
with respect to this application. We think it would be a shame for it not to get further
consideration both by us and the community and we are prepared to do that. I don't have
any specific change that I know standing here today that we will do or can do but we are
certainly committed to taking another hard look at a number of questions that have been
raised by this Council over the past week to ten days."
Councilmember Emswiller stated, "I have every expectation that you will look at more
office and not retail and that you are going to do more about transportation. If I could
believe that these are substantial issues that you are going to address and that you are
going to come to the table with and work through, then I could be inclined to support this.
Otherwise, it is an exercise in futility, another month has gone by and everybody has spent
their time on this for no real purpose."
Mr. McDermott stated, "we are going to take another look at this. We have heard the
comments. This is not to say that we feel at all embarrassed or bashful about what we
have proposed and committed to. We are prepared to take a further look at where we
are."
Councilmember B. J. Webb stated, "on Tuesday we had a room full of people who have
been involved in this process from the very beginning and a lot of people followed this
application at home. On Tuesday it was deferred until this evening and as I said on
Tuesday, we were not going to accomplish anything between Tuesday and Thursday.
Here we are at 4:30 in the ai~ernoon and a lot of the people who have been following this
are still sitting in their offices. We took the public process away from the public on
Tuesday night. I was ready to vote on Tuesday. I cannot support this application in the
condition it is in now. If this application does not change between now and August 1 l,
1998 we will have wasted this applicant's time and money and we will have spent this
town's taxpayer's money and time. Our staff's time is valuable too. My concern is that I
am not sure what we are accomplishing other then delaying the agony for a lot of people
or not having some back bone and answering the question. If there is some opportunity
for seeing substantial change in this application I would say there is a possibility for
deferral but if not, all we have done is put off a vote for another month and a half and put
this on the backs of two new council members who have not been through the last six
months of discussion and workshops and worksessions. I am not sure we will have
accomplished anything for the betterment of Leesburg. I am most apologetic to a number
of citizens Who have been diligent in following this application. It is not just the special
interest groups but it is Kincaid Forest citizens who have been fair and reasonable with this
town through an awful lot. Through bankruptcy, etc. I am dismayed if we are just
delaying inevitable issues that are not going to see any change or resolution."
Mayor Clem stated, "the due process is working. On Tuesday night, by the rules, any
member of this Council can send it back to Committee and they exercised that right.
Whether I wanted to see that happen or not is immaterial. Now the applicant has come
forward and asked for a deferral of August 1 l, 1998. They have the right to do that. We
don't have to approve it. We can deny it. As for the new council members, they have
been quite knowledgeable of this particular application. It should not take them too long
to get up to speed. They have been receiving the packets."
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Councilmember Emswiller stated she did not have a problem with following due process if
the applicant can in good faith show they are going to make a substantial change in the
direction they are going. Otherwise, everyone's time has been spent in vain.
Mr. McDermott stated, "there are some things that I am not at liberty to speak to. Some
avenues that we have already begun to pursue since Tuesday. If we are successful with
them, there will be substantial change along the lines of what had been discussed here."
Councilmember William Webb asked if the Council could legally deny the request for
deferral?
Deputy Town Attorney Deborah Welsh stated, the motion is before the Council and the
Council has the legal right to deny the motion if it so desires.
Councilmember Buttery stated he agreed with many of the comments made by
Councilmembers B. J. Webb and Emswiller. He stated he was prepared to vote on the
application on Tuesday, as well. However, based on what Mr. McDermott just
represented to the Council, he will support the request for deferral.
Councilmembers Emswiller and B. J. Webb also agreed based on Mr. McDermott's latter
comments.
VOTE:
Aye: Councilmembers Buttery, Emswiller, Umstattd, B. J. Webb, William F. Webb,
Mayor Clem
Nay: None
Abstain: Councilmember Trocino
This matter was referred to the July 7, 1998 Planning and Zoning Committee agenda.
On motion of, and duly seconded, the meeting was adjourned.
Clerk of Council