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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." -2- 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." -3- 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