HomeMy Public PortalAbout1998_09_22TOWN COUNCIL MEETING MINUTES OF SEPTEMBER 22, 1998
A regular meeting of the Leesburg Town Council was held on Tuesday, September 8,
1998 at 7:30 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.
COUNCILMEMBERS PRESENT
Frank Buttery
Leonard McDonald
Joseph R. Trocino
Kristen C. Umstattd
Vice Mayor B. J. Webb
Bob Zoldos
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
Director of Parks and Recreation Kaj Dentler
Chief of Plan Review Paul Gauthier
Chief of Comprehensive Planning Jerry Mucci
Public Information Officer Susan Farmer
Assistant Town Manager for Economic Development John King
Clerk of Council Barbara Markland
1. INVOCATION was given by Councilmember Leonard McDonald
2. SALUTE TO THE FLAG was led by future Eagle Scout Jared Zebe
3. ROLL CALL all members of the Town Council were present.
4. APPROVAL OF MINUTES
MOTION: On motion of Councilmember Buttery, seconded by Councilmember Umstattd, the
special meeting minutes of August 11, 1998, August 18, 1998, August 19, 1998, September 2,
1998, September 15, 1998 and the regular meeting minutes of September 8, 1998 were approved
as written.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
Abstain: Vic~ Mayor Webb from 4.(b), Councilmembers Trocino and Umstattd from 4.(e),
Councilmember Buttery from 4.(b) and (c)
CERTIFICATE OF APPRECIATION: was presented to future Eagle Scout Jared Zebe
for painting approximately 40 fire hydrants in the downtown historic district as part of an
Eagle Scout project.
6. PETITIONERS:
Ms. Kitty Boyd addressed the Council thanking the town for its support during the August Court
Days event. Ms. Boyd personally thanked Mayor Clem, Steve Brown, Della Clark, Gary Huff,
Susan Farmer, Nancy Fixx, David Frye, Keith Kitzmiller and Bill Allison. Ms. Boyd spoke of
new developments for marketing tourism to benefit the Town of Leesburg and Loudoun County
through a coordinated effort of the Loudoun Museum, Oatlands, Morven Park, Waterford,
Loudoun County Economic Development and the Tourism Council.
Mr. Richard Storey, President of Blueridge Speech and Hearing along with Ms. Liz Clark and
Mr. Phil Hathcock, property owner of Market Station, addressed the Council with an invitation to
attend the Taste of the Towns event scheduled for Saturday, September 26, 1998. The public is
encouraged to participate.
Ms. Ann Hart thanked the Council for their support of the Blue Ridge Antique Guide.
Mr. Gary Spetz, 602 Patrice Drive, President of the Kincaid Forest HOA thanked the Council,
town staff and Deputy Town Attorney Deborah Welsh for their efforts in facilitating the
beginning of the community's recovery from the bankruptcy of the developer. Mr. Spetz spoke
in opposition of the Leegate proposal, requesting denial of the application. Mr. Spetz read from
a written statement which is attached and made a part of the official record.
Ms. Sandy Kane a resident and Treasurer of the Kincaid Forest HOA addressed the Council in
opposition to the proposed Leegate project. Ms. Kane requested denial of the application..
Ms. Laura Lieberman, 410 Nikki Terrace, Kincaid Forest addressed the Council in opposition to
the proposed Leegate project. Ms. Lieberman requested denial of the application.
Mr. Craig Lane, a resident of Kincaid Forest addressed the Council in opposition to the proposed
Leegate project. Mr. Lane cited many concerns such as; additional retail is not needed, the
opening of the regional mall on Route 7 and Route 28 and its close proximity to Leesburg,
additional traffic congestion, the developer's plan to build a folded clover leaf versus a full
cloverleaf, the proffers that have been offered distract from the merits of the project, town staff's
concerns have not been addressed, this project will set a precedent, the number of citizens against
the project, the Planning Commission recommended denial, and the 60/40 split of retail versus
office space as outlined in the proffers on page 2. Mr. Lane requested denial of the application.
Ms. Winifred Rapp addressed the Council requesting the town's support in the purchase of the
Rescue Squad building for a teen center. Ms. Rapp suggested using the Uran contribution for the
purchase.
Mr. Richard Adamson, a resident of Kincaid Forest, addressed the Council in opposition to the
Leegate proposal, requesting denial of the application. Mr. Adamson read from a written
statement which is attached and made a part of the official record.
Ms. Mary_ Ann Naber a resident of Leesburg and member of the Board of Architectural Review
addressed the Council in opposition to the Leegate project. Ms. Naber assured the Council, as a
member of the BAR, that the BAR would use diligence to maintain the integrity of the H-2
corridor should the developer proceed with the by-right uses for the property.
Mr. John Shea a resident and member of the Kincaid Forest HOA, addressed the Council echoing
the comments made by his fellow board members. He thanked the Council and staff for their
efforts in resolving the issues of the performance guarantees. Mr. Shea spoke in opposition to the
Leegate proposal, requesting denial of the application.
Ms. Mary Beth Woodford a resident of Kincaid Forest, addressed the Council in opposition to
the Leegate proposal, and requested denial of the application.
Ms. Barbara Emmons, a resident of Leesburg addressed the Council in opposition to the Leegate
proposal, and requested denial of the application.
Ms. Lisa Speet, a resident of Leesburg addressed the Council in opposition to the Leegate
proposal, and requested denial of the application.
Mr. Greg Mitchell, a resident of 810 Duncan Place, S.E., Tavistock Farms, addressed the Council
in opposition to the Leegate proposal, and requested denial of the application. Mr. Mitchell
expressed concern that the growth of the Town of Leeshurg is moving in the wrong direction.
Mr. Andy Bluhm a resident of Tavistock Farms addressed the Council in opposition to the
Leegate proposal, and requested denial of the application.
Mr. Jerry Shamrock, a resident of Kincaid Forest, addressed the Council in opposition to the
Leegate proposal, and requested denial of the application.
Mr. Ed Byrne representing Potomac Station Retail, L.L.C., addressed the Council expressing
concern with the proposed Leegate development and the proposed folded cloverleaf. Mr. Byrne
read from a written statement which is attached and made a part of the official record.
Mr. Dave Ciccarelli a resident of 609 Patrice Drive, Kincaid Forest, addressed the Council in
opposition to the Leegate proposal, and requested denial of the application.
Mr. Scott Holtzman a resident of Beauregard Estates, addressed the Council requesting the
approval of agenda item 11.(f) as written. Mr. Holtzman spoke of intelligent, controlled growth
and requested denial of the Leegate application.
Mr. Kevin McCrory_, a resident of Kincaid Forest, thanked the Council and staff for their efforts
in resolving the issues of the performance guarantees. Mr. McCrory spoke in opposition to the
Leegate proposal, requesting denial of the application.
7. PUBLIC HEARING: To consider an amendment to the Ida Lee Park Master Plan
Mr. Dentler provided the slide presentation and staff report.
Mr. John Elgin Chairman of the Parks and Recreation Commission addressed the Council in
support of the amendment and provided additional comments to the staff report. Mr. Elgin stated '
the Commission supports the amendment.
Mr. Charles Thornton, a resident of 315 Foxridge Drive, S.W., and President of the Loudoun
County High School lacrosse team addressed the Council in support of the amendment.
Mr. Terry McGovern, a resident of 807 North Street, addressed the Council in support of the plan
in its current state. Mr. McGovern expressed support of the baseball fields as well as soccer and
lacrosse fields. He also spoke in support of the teen center.
Mr. Dick Ryan a resident of 204 Wilson Street, N.W., assistant coach for the lacrosse team
addressed the Council in support of the proposed amendment.
Mr. Jay Brawley, board member of the Central Loudoun Little League (CLLL), addressed the
Council in opposition to the proposed amendment to the master plan.
Mr. Tim McDonough, a resident of Leesburg, addressed the Council echoing the comments made
by Mr. Brawley, Mr. McDonough opposes the proposed amendment to the master plan.
Mr. Ken Sullins President of the Loudoun Soccer Club, expressed support of the proposed
amendment to the master plan.
Mr. Bill Johnson expressed support of the proposed amendment to the master plan.
Mr. Ed Troha, a resident of Leesburg, addressed the Council in opposition to the proposed
amendment to the master plan.
Mr. Rob Home, a coach for the Loudoun lacrosse team addressed the Council in support of the
proposed amendment to the master plan.
Mr. Ernie Chhndler a resident of Leesburg, addressed the Council in opposition to the proposed
amendment to the master plan.
Mr. John Murphy, a resident of 110 Morven Park Road, addressed the Council in opposition to
the proposed amendment to the master plan.
Mr. Pete Gonzolik asked the Council to preserve the open space at Ida Lee Park.
Mr. Wayne Henderson, a resident of 312 Edwards Ferry Road, also spoke in favor of preserving
the open space at Ida Lee Park.
Ms. Turner Houston, expressed concern for the wildlife and asked that the open space at Ida Lee
Park be preserved.
Mr. Tom Richards addressed the Council in opposition to the proposed amendment to the master
plan.
The public hearing was closed. This matter was referred to the Planning and Zoning Committee
agenda of October 7, 1998 for further consideration.
8. COUNCILMEMBER COMMENTS
Vice Mayor Webb disclosed that she met with representatives of Pence Friedel. Ms. Webb
thanked the members of the Kincaid Homeowners Association for allowing her to be a guest at
their recent HOA meeting. Ms. Webb wished Bill Allison a speedy recovery. The United Way
Kickoff went very well. Ms. Webb thanked members of the town staff for their participation.
Ms. Webb thanked all of the speakers this evening for their comments. With regard to the
ballfields, Ms. Webb stated, "Leesburg residents are Loudoun County residents. We pay big
taxes to Loudoun County and for anybody to say Leesburg should be doing more because
Loudoun County is doing it elsewhere - it is part of the same team
Councilmember Zoldos disclosed that he met with representatives of Pence Friedel. Mr. Zoldos
wished Bill Allison a speedy recovery. A second meeting of the Chancellor Street Trail will be
held on September 24, in the Executive Conference room at 7:00 p.m: The public is welcome.
Mr. Zoldos spoke of the Council retreat where many issues were discussed. Mr. Zoldos
announced that he is now the proud grandparent of Miss Kathleen Teresa.
Councilmember Trocino reminded the Council of the upcoming "Virginians to Virginians Kick
Off on October 5, 1998 in Roanoke, Virginia. Mr. Trocino will be attending the National
Association of Office and Industrial Parks Bus Tour. Mr. Trocino echoed the comments made by
Vice Mayor Webb regarding recreation being a cooperative effort between Loudoun County and
the Town of Leesburg. The acquisition of additional park land should be placed at the top of the
Council's list. "While the county has an impressive 1,500 acres of active and passive parks only
14 acres are located in the Town of Leesburg. That is .087%, the town gets 20% of the tax
money supporting less than 1% of the parks."
Councilmember Umstattd thanked the film students at the Votech center for the courtesy they
extended to her and her daughter Kendrick while Kendrick was swinging at the park at Foxridge.
The students were taking their film class at the playground and were very courteous. Ms.
Umstattd thanked the speakers of the lacrosse and soccer sports - and being so inclusive towards
girls and young women who have athletic aspirations. On September 25, 1998, Delegate Gladys
Keating's Committee on Growth in the Commonwealth will be held in Richmond. The NVPDC
will have two staff members attending this meeting. This committee is trying to find ways to pay
for growth other than relying on the residential tax base. The Planning Commission voted to
recommend denial of the rezoning on Royal Street which would change the north section of the
street from a residential historic district to a business use. Such a rezoning could increase taxes
from 40 percent to 60 percent.
Councilmember Buttery disclosed that he met with representatives of Pence Friedel. The Small
Business Development Center will hold a start-up workshop on October 8, 1998 in the Town
office at 8:00 a.m. Mr. Buttery wished Bill Allison a speedy recovery.
Councilmember McDonald disclosed that he met with representatives of Leegate. He wished
Bill Allison a speedy recovery. Mr. McDonald was encouraged by the Council's retreat stating it
was unique an.d established a sense of goals for the Council. He thanked Mr. Mason and his staff
for looking into the stormwater concerns on Wilson Street.
9. MAYOR'S REPORT
Mayor Clem thanked the residents of Kincaid and town staff for working towards a resolution of
the bonding issues in Kincaid. The Council retreat was a success. Mayor Clem met with
members of the preservation society and Mr. Young, Mayor of Frederick who conducted a
worksession on "Smart Growth." Mayor Clem asked Mr. Dentler to look at potential stormwater
management ponds and passive areas that would be suitable for lacrosse and soccer fields.
Mayor Clem announced that the Lovettsville Octoberfest will be held on October 26 and 27,
1998. The public is invited.
10. MANAGER'S REPORT - Mr. Brown briefly highlighted issues in the Manager's Report.
11. LEGISLATION
11. (a) MOTION: On motion of Councilmember Umstattd, seconded by Vice Mayor Webb, the
following ordinance was proposed and adopted.
98-0-26 - ORDINANCE - APPROVING SPECIAL EXCEPTION APPLICATION gSE98-
05 WORLD GYM FITNESS CENTER
WHEREAS, BC Fitness, Inc. on behalf of World Gym Fitness Center has requested
special exception approval to occupy 22,250 square feet of space in Building H of Battlefield
Shopping Center; and
WHEREAS, the property is located in the B-3 Community Retail/Commercial Zoning
District in which a fitness center is permitted by right; arid
WHEREAS, the purpose of this Special Excepti ..c~plication is to amend the "Shopping
Center" special exception approved in 1990 which limited a ;fitness center to 15,000 square feet
to increase the maximum size to 22,250 square feet; and
WHEREAS, on July 16, 1998, the Planning Cor~rni;~sion recommended approval of
special exception application #SE98-05; and
WHEREAS, on September 8, 1998, the Town Council held a public hearing on this
application at which there were no objections; and
WHEREAS, the proposed use meets the general review criteria set forth in the special
exception regulations of the zoning ordinance.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I. Special exception application #SE98-05 World Gym Fitness Center is
approved to be located in Building H of the Battlefield Shopping Center located in Tax Map 49
(4))A in the land records of Loudoun County and as shown on the Special Exception Plat [Site
Plan] prepared by Huntley, Nyce & Associates, P.C. stamped "received" on May 20, 1998, is
hereby approved.
SECTION II. Approval of the special exception concept plan does not authorize
modifications to any other requirements of the Design and Construction Standards Manual,
Subdivision and Land Development Regulations, or the Zoning Ordinance except as specifically
set forth in this ordinance.
SECTION III. This ordinance shall be in effect upon its passage.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
11. (b) MOTION: On motion of Councilmember Umstattd, seconded by Councilmember
Zoldos, the following ordinance was proposed and adopted.
98-0-27 - ORi)INANCE -AMENDING LEESBURG ZONING ORDINANCE SECTION 4 B-
5(2) TO REDUCE THE MINIMUM LOT WIDTH IN THE B-2 DISTRICT
WHEREAS, on July 14, 1998, Council initiated and referred Resolution 98-157 to
consider an amendment to the Town Zoning Ordinance to reduce the minimum lot width in the
B-2 Established Corridor Commercial District; and
WHEREAS, the Planning Commission considered the amendment at a public hearing on
August 6, 1998, and forwarded a recommendation to Council on August 13, 1998; and
WHEREAS, the proposed amendment is intended to promote the public health, safety
and welfare, and will facilitate economic development within the Town by more intense
utilization of property within the B-2 District; and
WHEREAS, the proposed amendment will further benefit the Town by decreasing the
number of legally non-conforming lots in the B-2 District.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia as
follows:
SECTION I: Section 4B of the Leesburg Zoning Ordinance is hereby amended to include the text
as stated below:
Section 4B - ESTABLISHED CORRIDOR COMMERCIAL DISTRICT
Section 4B-5. LOT SIZE
(2) Minimum Lot Width
a. 159 feet 100 feet. In those cases where proximity to existing entrances would result in
less than a 125 foot entrance separation on any proposed lot, the subdivider must provide a single
combined entrance/exit with appropriate cross access easements and maintenance agreements.
SECTION II. All prior ordtnances in conflict herewith are hereby repealed.
SECTION III. Severability. Ir~ any provision of this ordinance is declared invalid by a court of
competent jurisdiction, the decisio~i-s~nn311 not effect the validity of the ordinance as a whole or any
remaining provisions of the Zoning Ordinance.
SECTION IV. This ordinance s.[:all be in effect upon its passage.
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
11. (c) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember McDonald,
the following resolutions were proposed as consent items and adopted.
98-213 - RESOLUTION - AUTHORIZING THE TOWN MANAGER TO SUBMIT AN
APPLICATION TO THE VIRGINIA OUTDOORS FUND REVOLVING LOAN
PROGRAM
98-214 - RESOLUTION - AUTHORIZING THE INSTALLATION AND MAINTENANCE
OF PEDESTRIAN CROSSWALKS AT THE SOUTH KING STREET/ROUTE 7 BYPASS
INTERSECTION
98-215 - RESOLUTION - APPROPRIATING FUNDS FOR A CONSULTANT
REGARDING FRANCHISE AGREEMENTS
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
REGULAR AGENDA
1 I. (f) MOTION: On motion of Councilmember Zoldos, seconded by Vice Mayor Webb, the
following resolution was proposed and adopted.
98-216 - RESOLUTION - AUTHORIZING A TIME EXTENSION WITH CONDITIONS
FOR- COMPLETION OF PUBLIC IMPROVEMENTS AND APPROVING A
PERFORMANCE GUARANTEE FOR BEAUREGARD ESTATES PHASE 2 AND 3
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
11. (g) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Buttery, the
following resolution was proposed and adopted.
98-217 - RESOLUTION - APPROVING THE VACATION OF A PORTION OF A SIGHT
DISTANCE EASEMENT WITHIN EXETER SUBDIVISION, SECTION 9, LOT 784
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
! 1. (h) MOTION: On motion of Vice Mayor Webb, seconded by Councilmember Buttery, the
following resolution was proposed and adopted by a role call vote.
98-218 - RESOLUTION -DENYING APPLICATIONS FOR TOWN PLAN AMENDMENT
TP-98-01; REZONING gZM-153; AND SPECIAL EXCEPTION gSE 97-02 LEEGATE
CENTER
WHEREAS, applications by Leegate-Beverly Road Associates for Town Plan
Amendment TP 98-01; Rezoning ZM-153; and Special Exception SE 97-02 known as "Leegate
Center" were completed on December 15, 1997; and
WHEREAS, meetings of a Planning Commission Subcommittee were held to discuss
these applications on February 5, February 13, March 5 and March 16, 1998; and
WHEREAS, the Planning Commission held a pre-hearing work session on March 19,
1998; and
WHEREAS, a duly advertised Planning Commission public hearing was held on April 2,
1998; and
WHEREAS, the Planning Commission held post-hearing work sessions on April 9 and
April 23, 1998; and
WHEREAS, the Planning and Zoning Committee of the Town Council discussed these
applications on May 6, 1998; and
WHEREAS, at their regular meeting of May 7, 1998, the Planning Commission
recommended denial of these applications to the Town Council; and
WHEREAS, the Town Council held a duly advertised public hearing on these
applications on May 26, 1998; and
WHEREAS, the Planning and Zoning Committee of the Town Council or full Town
Council further discussed these applications at their meetings of June 2, June 16, June 25, July 7,
August 4, August ! 1, and September 15,1998.
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 denied for the following reasons:
1. The application does not conform to the 1997 Town Plan including, but not limited to, the
Land Use, Economic Development, and Transportation Elements.
2. The application is inconsistent with long-standing Town policies and the Town Plan which
provide for employment and office uses to be the primary land uses in the East Route 7
Corridor east of the Route 15 Bypass.
3. The application does not provide a road network system designed to serve this site pursuant
to. Town or VDOT standards.
4. The application is not in the best interest of the health, safety and welfare of the citizens of
the Town. of Leesburg.
DISCUSSION:
Councilmember Umstattd pointed out that agenda items 11. (h), (i), (j) and (k) were reported out
of the Planning and Zoning Committee by a vote of 3-0 without recommendation.
Councilmember Umstattd stated, "I will be voting against resolution (h). I wish I agreed with the
citizens on this but I continue to be extremely concerned about the by-right development of this
property. I respect Mary Ann Nabor on the BAR and her assurance that the BAR will ensure that
anything put on the site is attractive but if it develops as a field full of warehouses, I don't see
how that can be attractive. By-right the applicant can put four intersections, signalized when
traffic warrants it on Route 7. I don't see that the traffic by-right use is going to be at all what we
want on Route 7. If the Town Plan were identical to the zoning ordinance, I would agree with
the citizens but it isn't. The town plan is our dream. It is our vision to have high level/premier
office on Route 7. Unfortunately, the Zoning Ordinance permits industrial uses, permits
warehouses, permits many different uses that I think are going to be far less attractive and far
more detrimental to the town. I have consistently been on the wrong side of this issue from
respective of the Kincaid homeowners and ! respect your opinions greatly, but I just worry
terribly about by-right development. Many of you are far more courageous than I am. I am
almost saddened because I think this project would have been so much better than what is apt to
go up. The applicant's changes, many of you feel are worse than originally proposed but the
applicant has proposed a 50/50 mix office to retail up from 40/60. The applicant has agreed to
put forth a half million dollars towards the intersection that the town plan calls for as opposed to
$200,000 for tennis courts. I think there has been significant movement on this application and I
continue to worry very seriously about by-right."
Vice Mayor Webb stated, "I have tremendous respect for my colleague, Ms. Umstattd, and
normally on economic development and business issues we are on the same side. I have
struggled mightily with this issue. At the very core of this, is the issue of the respect for the town
plan. I had the experience of going through the town plan, both as a member of the Planning
Commission and then from Council and this Council and Planning Commission worked
diligently on those issues. This applicant first met with our staff in January, 1996 and at the time
the transportation challenges of this piece of land were the first ones that were put out there.
Unfortunately, those were the issues that most troubled me. There are other issues that troubled
me with this but one of the things that I believe in strongly is that we as a community do not have
to settle anymore. We are not in a recession. We are not some haphazard town in the middle of
the desert. We happen to be a very unique and special community that has a lot of special-
components. So I don't believe that we have to settle. I also believe that our corporate citizens,
if they want to be successful here would believe too in the uniqueness and the specialness of this
town and would not settle for something that; A. is not the highest and best use of the property
and B. may not be appropriate in the Route 7 corridor. One of the discussions that we have gone
back and forth with and I have met frequently with the applicant, is well you know the Route 7
corridor doesn't look that hot right now - you've got some car dealerships and you get inside
Catoctin Circle and you've got some ugly stuff - but you know - it's not always going to be there.
Do we say because in 1954 we might have built a couple of bad buildings that, that is what our
level of expectation is? I think we can expect more and I'm just not willing to settle. I will be
voting in support of the denial."
Councilmember McDonald stated, "I would like to thank the applicant for all the work that they
have done in working with me and they have been wrongly accused of the changes that were
made recently because those changes were done after many hours of negotiating with me. When
I ran for this office, I said my top priority was to present jobs, good jobs. Not jobs which would
be minimum wage for the children of this town. I do not wish to live a legacy of a Tysons
Comer parking lot on Route 7. I took the time to go and look at a folded interchange at Fairfax
County Parkway and Route 123 at 4:30 in the afternoon, with coordinated lights. It works. It
may not be exactly what everybody would like to see but it is feasible and it does work. I have
done my homework on this. This has really been an education for me for two and a half months.
But when I ran, I said there will be times that I will cast a vote that will be the wish of the people
but I reserve the right to give you the reasons why it should have been another way. Let me start
listing. One of the things, living in this town all my life and some of you are recent residents,
I' ve seen such dramatic changes such as there used to be two traffic lights in this town or county.
One at the center of the Town of Leesburg and one at the Hemdon junction. The next one was at
Seven Comers. So yes, I've seen dramatic change and I cannot sit here even when I saw this
change taking place and I didn't like a lot of it, but I wasn't one of those who said well I've got
mine and now no more. You the people of Leesburg are faced with a tremendous problem in the
future. There are well over 6000 plus homes in the pipeline for this town. How many school
seats is that?' How are you going to pay for them? I hear talk of ballfields, parks - folks this is
reality. We have to make the best use of the land that we can without creating problems such as
traffic congestion for our people. This town plan, I've been told, keeps talking about a clover
leaf- it is not in there. It says, grade separated interchange. I have another section in here that I
have highlighted that I would like to read .... It is called the Greenway Interchange... with
relocated Route 653/Crosstrail Boulevard this area could serve a regional market. Two years ago
when I ran for this office, I was against the project called Chelsea. I would have to say now I
would be choking on crow feathers because that looks like it is going to be a very good project
for the town. It is going to be a very good project for everyone of these residents here who have
children in school. If you have paid attention to what Mr. Hatrick is saying and what the county
is saying, we have a tremendous, tremendous capital project for this county coming. Education
is important, somewhere along the way we have to make the right' use of the land and one of the
things that this plan says is to make the right use of mixed use. What is mixed use? It is a
combination of several different ones listed in here. Commercial, industrial, retail. I have to go
along with Kristen. Last week, one night, I woke up in the middle of the night and had a vision.
Leesburg Auto Recyclers moved to Route 7. A metal recycling. It is time that we realize that
number 1, there is no way this town is going to be able to sit here and get 100 percent
employment on that property. I wish we could. That was my goal. I remember my statements
when I ran. I am the man with the chain and the tree. But this is not the same project, back when
I was running for this office. It has changed dramatically. Number one, there is pieces involved
now. One piece is an auto park - that is retail. That is on Route 7. This applicant has agreed to
take that our of retail and make it non-retail uses. I find it interesting tonight that the majority of
the ones who spoke are from Kincaid Forest and Tavistock. I hope you are not confusing this
applicant with the other one that burnt you. We are talking about jobs. There is employment in
I-1. It is not the type of employment that I want to see. I'd rather see some good hi-tech jobs for
my grandchildren Where they wouldn't have to travel up and down the road. The zoning needs to
be behind the plan. The plan is the same, as in my line of work - if I use a shovel. It is a tool. It
is a guideline. It is not something that is the holy grail or something to be held up in such a way.
It is to give us guidance to go by. Without any commercial or retail development done in a
proper way - any my reasoning for this was to at least get someone working with this Council to
help bring in the right type of employment to fill those office buildings - to get a commitment for
some employment on Route 7 that would bring in some decent jobs. Finally, the last thing I want
to do is leave a legacy on my grandchildren where they would still have to continue to drive up
and down Route 7 for work - that was my primary goal. In the future you are going to see some
more projects come along. This town plan also has in it that on the north side of Route 7, land
fronting Fort Evans Road outside of the bypass is potential good retail. That is directly across
the road from this. I don't know how you are going to totally stop it. Our problem is the houses
are approved - what are we going to do about raising the tax base because one of the goals in this
town plan says, that we will use land use to try to keep the burden on the taxpayer - as far as
residential taxes at 60 %. I will vote your wishes but I don't believe it is the right thing to do
when you have an applicant that will work with you and they have shown a willingness to work.
May be there was some bad - whatever - up front that took place but I know over the last month
that they have been willing to come a long ways. I think with a little more work it could have
been a good project without creating problems."
Mr. McDermott., representing the applicant addressed the Council stating, "Regarding the
statements made by Councilmember McDonald with respect to tax impacts, this town is bumping
right up against its cap. Its borrowing power. Its ability to issue bonds. The only way it is going
to improve upon that is to improve upon its tax base. Unlike the use of the word tumor by some
Kincaid Forest resident, use of the words threats or bribery, this is an applicant who started off
with its initial thrust of proffers containing $2.5 of the $3 million in road improvements that you
see in there today. They did not come late in the game. The reason why we stepped up with
some commitments to recreation facilities is because those facilities come from the bottom line
in your treasury. To do them, you are going to have to improve upon or increase your bonding
capacity. Our thought was they are needed facilities and we can do them and we can do them in
a way where you don't have to share those revenues/dollars with the county. It is unfortunate
that so much of your taxes generated in the town go to the county. But it has been made clear by
some individual members of this Council, everyone of those $1.6 - $1.7 million a year that
doesn't come into the town, the town receives the benefit of from an educational standpoint and
from a number of other standpoints to the extent that you benefit from the general fund revenues
of the county. We can't control what percentage you do get but we made some commitments to
non-road improvements because we felt that was one way to A) provide infrastructure that is
needed; and B) to get around this revenue sharing with the county. The issue of the grade
separated interchange versus the folded cloverleaf. I have known Eddie Byme for a long time
and I think his statements here tonight are misplaced and regrettable. And I need to say to you,
you must remember that is a competitor on the north side of Route 7 who would love to see this
project go do~vn and if it didn't go down, would love to see the project - the victim of a full, four
quadrant cloverleaf that does not provide access - that denies access under your current
comprehensive plan transportation component. Not just to this 48 acres but to the Autopark site,
to Cardinal Park, to the residue to Leegate in the rear and it relies upon the construction by
somebody of Trailview Boulevard - not across but through a substantial amount of floodplain.
On property that has maybe a few acres that are developable. I don't know where you are going
to get the funds for that connection. But there is a serious flaw in this transportation element of
the comprehensive plan and I agree fully with Mr. McDonald. The comp plan says grade
separated interchange it does not say full quadrant cloverleaf. Unlike Potomac Station, we are
not committed to two lanes of Battlefield Parkway, we are committed to four up front. We are
committed to a full section of Russell Branch up front. We went out and acquired the ten acres
that we did not posses that would provide you a full quadrant of the interchange. They have
proffered a piece of an interchange. They have not proffered either to go and acquire the land for
the other two lanes of Battlefield. So again, I think those comments are misplaced and very
inappropriate. We have a traffic study in here that has been in here for a long time that reflects
that with full build-out in the year 2023, with both flyovers at Cardinal Park and at Keystone
which denies the access to those properties and push them back to Trailview if it ever occurs and
if it doesn't there is no access. That this folded cloverleaf with function at a level of service D
and that is plenty good when you think of the number of trips we assume there in the full build-
out of everything and the closure of everything. On behalf of my client and myself, some of the
statements that referenced bribery, that referenced a tumor, those kinds of things are absolutely
inappropriate. And they are regrettable. This applicant has taken the high road in this
application and proposed an excellent design, an excellent self-impose limitations on what we
can do - all the way through this process. We have had a lot of bumps in the road. We have had
a lot of unfortunate lack of dissemination of information, lack of analysis, posting problems, a
whole range of things. Unfortunately, but we have maintained the high road. And to the extent
that people say we talk about threat, its not threat. The reality is that if we are not zoned here,
this property is going to be used under its current zoning. That is not a threat. That is a reality.
But the bottom line, we appreciate the time of each of you council members and your attention.
We certainly hope for your support in this application. I submit to you that if we do not get
approved, the bigger loser between the town and us is the town's tax base and these citizens here
who don't understand it, and the town itself. And I think that is very regrettable. You, each of
you, individually has given us a tremendous amount of your time and attention and we appreciate
that very much. Thank you."
ROLE CALL VOTE:
Aye: Councilmembers Buttery, McDonald, Webb, Zoldos and Mayor Clem
Nay: Councilmember Umstattd
Abstain: Councilmember Trocino
12. NEW BUSINESS
(1) MOTION: On motion of Councilmember Zoldos, seconded by Vice Mayor Webb, the
following resolution was proposed and adopted.
98-219 - RESOLUTION - RESCHEDULING THE OCTOBER 6, 1998 PLANNING AND
ZONING, FINANCE AND ADMINISTRATION AND PUBLIC WORKS COMMITTEE
MEETINGS TO WEDNESDAY, OCTOBER 7, 1998
VOTE:
Aye: Councilmembers Buttery, McDonald, Trocino, Umstattd, Webb, Zoldos and Mayor Clem
Nay: None
On motion of, and duly seconded, the meeting was adjourned at 11:30 p.m.
~of Council
E. Clem, Mayor
Text of Remarks before September 22, 1998 Town Council Meeting
Gary W. Spetz
602 Patrice Drive
Leesburg, VA 20!75
Good evening. For the record, I am Dr. Gary Spetz and reside at 602 Patrice
Drive in Leesburg. I am also President of the Kincaid Forest Homeowners
Association. I would like to comment briefly on two significant issues to my
Community.
One: I would like to extend my appreciati°n and gratitude to the efforts of
this Counc. il and of the entire Towl~. Staff.,..especially Mr. Brown and Mr.
~Maso~, with regard to your efforts m facilitating the beginning of our
recovery from the bankruptcy of our developer. Leegate Corporation--our
now notorious former developer--declared bankruptcy on April 23, 1997 and
our bonded work finally resumed last week. It has been a long seventeen
months. Of course, this does not represent closure but instead the beginning
of a vital transition period for our homeowners. We've had over seventeen
months of 'be patient' and 'hang in there', and we are looking to you to be
even more vigilant to ensure that our prior bonded and contracted work is
professionally and expeditiously executed. The communications between us
must be stronger than ever. We stand ready and able to work with you.
Thank you again.
Two: Regarding the now notorious Leegate Center proposal. You, the
Leesburg Town Council, may be feeling tremendous pressure regarding these
zoning and special exception requests. I hope you are. Let me take this
opportunity to remind you of the nature of this pressure: the citizens of
Leesburg--whom you collectively represent--have been publicly beseeching
you to deny these applications. Period. I have been at the public hearings,
and the citizens have not been swayed by the merits of the proposed Leegate
Center project or of the cash gifts in unrelated proffers dangled in the hope of
buying your vote. Your own staff and Planning Commission have also gone
on record recommending rejection of these applications.
As you prepare to vote within the next hour or so, I ask you to be strong.
Have courage. You have the clear guidance of your citizens and the legal
authority and ethical responsibility to deny these applications. There is no
'quarterback controversy' here. Do not succomb to last minute legal
gimmicks and defer this vote again. I hope that in the State of Virginia and
Loudoun County the arrogance of developers' overwhelming land-use rights
will eventually give way to the fights of the citizens that are3victimized by
them--indeed, there appears to be some movement in this direction. But until
the playing field is completely leveled, let me close with one caution:
You will be commended as you do the right thing and deny these
applications. And you will be condemned as you reject the clear sense of the
community and competent professional advice to approve these requests--and
in so doing your legacy to our Town will be much more detrimental, and
much more long-lasting, than the temporary disappointment of a developer
and his costly legal team.
Thank you for your attention.
Good evening. My name is Richard Adamson and I live in the Kincaid Forest
subdivision adjacent to the Leegate property. I am a member of the Board of Director~
of the Kincaid Forest Homeowners Association and I spoke with you several weeks
ago on behalf of my family. We purchased our home in 1994 after careful
consideration of the many alternatives around Leesburg. The foresight of the 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, along with other board members and neighbors have talked, watched and waited in
this drawn-out affair. Well, the waiting is over. The talking is almost through.
Watching is all we have left. And, trust me, we are all watching very closely tonight. I
don't need to remind Council that the development of the Leegate property will affect
the Kincaid Forest voters more than any other neighborhood in Leesburg.
I again ask the Council to heed their Planning Commission's recommendation and
reject the rezoning in your vote tonight. Don't let this developer bully it's way west
on our Rt. 7 corridor.
We need and require you to see past all the smoke and mirrors, listen beyond all the
bells and whistles, and make decisions on the basis of merit and law.
Again, I implore you - Do the right thing. Let me use my Australian phrase, "Good on
ya, mates!"
Thank you.
POTOMAC STATION RETAIL, L.L.C.
c/o Clark Realty Capital, L.L.C.
7500 Old Georgetown Road
Bethesda, MD 20814
September 22, 1998
BY HAND DELIVERY
The Honorable James E. Clem, Mayor
Town of Leesburg
25 West Market Street
P.O. Box 88
Leesburg, VA 22075
Re: ZM-153 Leegate Center: Route 7/Battlefield Parkway Interchange
Dear Mayor Clem:
As you are aware, the Town Council approved a revised Concept Plan and proffers for Potomac
Station Retail, immediately north of the Leegate property, on June 30, 1998. As part of that
approval, Potomac Station Retail agreed to dedicate up to 8.6 acres for the northeast loop and
ramp of a full cloverleaf interchange at Route 7/Battlefield Parkway. Additionally, access to our
property was restricted due to the Town's requirement to accommodate this cloverleaf
interchange design.
As a result, we ask that the Town Council consider the following matters in making your
decision on the pending Leegate Center application (with the plan and proffers of September 17,
1998):
The proposed alternative to the full cloverleaf interchange, the "folded-
cloverleaf" design forces all traffic heading from southbound Battlefield Parkway
to eastbound Route 7 to turn left in front of the Leegate Center's principle entrance
- a four-way, 12-movement intersection. According to our traffic study,
previously submitted to the Town, the volume of vehicles traveling in this
direction in the PM peak hour - 1149 - would exceed the capacity of this left turn
design.
If the Leegate Center application is approved as currently submitted, the full
cloverleaf interchange can never be implemented for the Battlefield
Parkway/Route 7.
The design proposed as an alternative, a "folded cloverleaf,'' requires two
permanent traffic signals on Battlefield Parkway, rather than the "free-flowing"
condition associated with the full cloverleaf design.
The four-way intersection at the Leegate Center entrance on Battlefield Parkway
is a precedent for a similar four-way intersection at the Establissement Forestier.
property (northwest quadrant of Route 7/Battlefield Parkway), on the north side of
Route 7.
We support the positions of the Virginia Department of Transportation and your Engineering
staff and ask that the Town Council require that right of way for the full cloverleaf interchange
design be reserved for dedication in conjunction with any rezoning of this property.
Thank you for your consideration of our request.
Sincerely yours,
POTOMAC STATION RETAIL, L.L.C.
S. Byme
Director of Planning
KSI Services, Inc.
CC'
J. Randall Minchew
G. Jay Sotos