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HomeMy Public PortalAbout2021_agenda_05-10_Work Session_Packet_REVISED TOWN OF LEESBURG Town Hall, 25 West Market Street AGENDA Town Council Work Session May 10, 2021 7:00 PM Council Chamber 1. CALL TO ORDER 2. REMOTE PARTICIPATION MOTION I move to allow _________________ to electronically participate in the May 10, 2021, Town Council Work Session. 3. ITEMS FOR DISCUSSION a. Storm Water Management – Tuscarora Creek and Town Branch (Bill Ackman & Renee LaFollette) b. Liberty Lot Redevelopment (Russell Seymour & Chris Spera) – To be provided by COB, Friday, May 7 c. Leesburg Police Department – 2020 Crime Report (Greg Brown) d. Civilian Oversight Body for Leesburg Police Department (Chris Spera) 4. ADDITIONS TO FUTURE MEETINGS a. Future Council Meetings and Agenda Topics 5. ADJOURNMENT 6. INFORMATION MEMORANDUM a. Visit Loudoun Monthly Report b. Board of Zoning Appeals – 2020 Annual Report 7. UPCOMING EVENTS May 15 – Tuscarora Creek Restoration and Flood Mitigation Dedication Ceremony, Brandon Park, 10 a.m. May 15 – Free Document Shredding Event, Heritage High School, 9 a.m. - 1 p.m. May 16 – Emergency Active Shooter Drill, Council Chamber, 5 – 6:30 p.m. May 19 – Disease in History by Andre C A Jampoler, Illustrated Virtual Lecture, 1 – 2 p.m. May 21 – Bike to Work “T-Shirt Pick-up Point”, Raflo Park, 6 – 9 a.m. May 31 – Town Offices Closed for Memorial Day ASSISTIVE LISTENING SYSTEM Qualified individuals with a disability who require a reasonable accommodation to attend and/or participate in this meeting should contact the Clerk of Council at eboeing@leesburgva.gov or 703-771-2733 to request the accommodation. Three days advance notice is requested. Meetings are broadcast live on the Town’s local government access cable TV channel (Comcast 67 and Verizon 35) and streamed live on the website at www.leesburgva.gov/webcasts. All Town Council, Board and Commission meetings are recorded and can be found on the Town’s Web site at www.leesburgva.gov. REVISED 1 -2- REGULARLY SHEDULED COUNCIL MEETINGS Citizens are invited to attend and participate in Town Council meetings. The petitioner’s portion of the meeting and scheduled public hearings offer the public two opportunities to present their views to the Council during its meeting. Petitioners The petitioners’ portion of the Council agenda is the first item taken up by the Council following proclamations and certificates of appreciation. This part of the meeting affords individuals the opportunity to address the Council on any matter not scheduled for a public hearing. Prior to the meeting, those citizens wishing to speak should sign the Clerk’s Register on the podium at the front of the Chambers. The Mayor will announce the availability of the sign-up sheet at the beginning of all regular meetings. Petitioners’ presentations should be limited to five minutes. Public Hearings Certain items of Town business can only be conducted after the Town Council conducts an advertised public hearing. Certain major issues affecting the town’s government can also be scheduled for public hearing at the option of the Council. Adoption of the town budget, rezonings, special exceptions and amendments to the Town’s subdivision and zoning ordinances all require a public hearing. Decorum A person addressing the Council as a petitioner, or during a public hearing, should advance to the podium when recognized by the Mayor and state his or her name and address. Persons should also indicate whether they are representing anyone other than themselves. After the presentation or comments, the Mayor or members of Council may have questions of the petitioner. Decorum will be maintained. Statements, which are demeaning or defamatory to members of the public, the staff or the Council, are inappropriate and out of order. OTHER COUNCIL MEETINGS Work Sessions/Committee of the Whole Council may elect to place an item on the Tuesday night meeting agenda for action. Items will only be added to the agenda if agreed to by a majority of Council present. Closed Sessions Under certain circumstances, the Virginia Freedom of Information Act permits the Town Council to meet in a session where the public is excluded. This may be a discussion of personnel matters, legal matters, the acquisition or sale of property and other selected topics. The Council can only go into closed session from a public session and the notice must cite the specific statutory authority to go into closed session and also indicate the general topic to be discussed. Only those matters in the adopted motion to go into closed session can be discussed at that time. TOWN COUNCIL AGENDA MATERIALS Generally, all items on the regular Council agenda have been first considered at the Council Committee of the Whole. Individual council members, however, can request full Council action on an item considered, but not reported out of committee. Materials previously distributed to the Council on Wednesday are available to citizens on request from the Clerk’s Office. Citizens may also provide the Clerk of Council with an e-mail address or self-addressed, stamped envelopes and Council agendas will be provided to the citizens without further charge. For more information, call the Clerk’s Office at (703) 771-2733 during normal business hours or e-mail at clerk@leesburgva.gov. Meeting agenda packets are available for public inspection in the lobby of Town Hall on Wednesdays prior to the scheduled meeting. Council agendas can also be viewed on the town’s World Wide Web site at http://www.leesburgva.gov. 2 Date of Council Meeting: May 10, 2021 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION Subject: Storm Water Management – Tuscarora Creek and Town Branch Staff Contact: Bill Ackman, Director Plan Review Renée LaFollette, Director Public Works & Capital Projects Phil Jones, Storm Water and Environmental Manager Eric Meske, Sr. Project Manager/Section Chief Council Action Requested: At their March 8, 2021 meeting, Council requested a work session discussion on storm water management practices for Tuscarora Creek and Town Branch. Staff Recommendation: None at this time. Work session discussion only. Commission Recommendation: Not applicable. Fiscal Impact: No impact is anticipated to the Fiscal Year 2022 Budget. Over the next six years, the Capital Improvements Program (CIP) has $5.811 million assigned for specific storm drainage projects. Future changes to the Subdivision and Land Development Regulations (SLDR) and the Design and Construction Standards Manual (DCSM) may have a fiscal impact via development costs, but cannot be quantified at this time. Work Plan Impact: None at this time. The work plans for the Department of Plan Review and the Department of Public Works and Capital Projects include detailed plan review for stormwater management and storm drainage designs as well as floodplain management. Executive Summary: At their March 8, 2021 meeting, Council requested a work session discussion on storm water management practices for Tuscarora Creek and Town Branch which are two of the largest natural storm water conveyance systems within the Town of Leesburg. (See Attachments #1 and #2). These conveyance channels receive and transport stormwater runoff from not only areas within the Town, but also runoff from a substantial area in the County adjacent to the Town’s corporate limits. There are known parts of Town that continue to flood during major storm events. As such, projects in the Capital Improvements Program (CIP) have been added to the six year plan to alleviate flooding conditions in those areas to the extent possible. Primarily, areas prone to flooding have occurred in the older neighborhoods of the Town. Stream degradation along portions of Town Branch and Tuscarora Creek have occurred over the years due to little or no stormwater management facilities within developments constructed prior to 1990 since the Town had no such regulations in place. However, that changed in 1990 with the adoption of the Design and Construction Standards Manual (DCSM) which provided requirements 3 Item a. Storm Water Management – Tuscarora Creek and Town Branch May 10, 2021 Page 2 to strengthen and meet stringent State stormwater regulations. As a result, staff is unaware of any flooding issues for developments designed and constructed after the DCSM was adopted in 1990. Background: Town Branch and Tuscarora Creek are two of the largest natural storm water conveyance systems within the Town of Leesburg. (See Attachments #1 and # 2). These conveyance channels receive and transport stormwater runoff from not only areas within the Town, but also runoff from a substantial area in the County adjacent to the Town’s corporate limits. Over time, there has been degradation of both Town Branch and Tuscarora Creek. The majority of this degradation occurred over a large period of time, and likely was exasperated due to a large amount of development which occurred in neighborhoods constructed prior to stormwater management ordinances of any kind being put in place. (See Attachment #2). As noted by several residents, there has been occasional localized flooding of certain areas within the Town’s corporate limits. This, in part, has been caused by changing weather patterns, and due to the fact that significant stormwater management regulations were not put in place until 1990 with the adoption of the Design and Construction Standards Manual (DSCM) to meet minimum stormwater management requirements for Tuscarora Creek and Town Branch. As a result, beginning in 1990, new developments were required to either provide ponds to control stormwater runoff (quantity) from the proposed development or meet very specific minimum State requirements to provide an adequate outfall to existing floodplain channels. Generally, the DCSM required retention ponds that detained the two-year and ten-year storm events to a level consistent with the amount of runoff that would have left the undeveloped site prior to development. Stormwater Regulations remained consistent throughout the Town until 2008 when the DCSM was updated to better address water quality requirements for all new development, and introduced the concept of “Green” design. The Town’s stormwater regulations were again updated in 2014 to meet even more stringent State of Virginia stormwater management requirements. These latest stormwater management regulations required new developments to provide upgraded stormwater management facilities that released much less water, and introduced more stringent water quality requirements to provide for cleaner water leaving developments to improve the health of downstream outfall channels, streams, and creeks. The most recent update to the stormwater regulations occurred in 2017 to meet both Federal Emergency Management Agency (FEMA) and the State of Virginia Floodplain Management design requirements and regulations. (See Attachment #3). Definition of Common Stormwater Management Events: One-year, two-year, and ten-year, and 100- year storm events: A one-year storm is a specific volume rain event that is expected to occur about once every year. Likewise, the 2, 10 & 100 year storms are storm events that are expected to occur about once every 2, 10 and 100 years respectively. Note however, that a 10-year or 100-year storm event does not mean that the storm will occur only once every 10 years or 100 years respectively. The Commonwealth of Virginia has recently redefined the 10-year storm as a storm having a 10% annual chance, and the 100-year storm as a storm having a 1% annual chance of a storm of that magnitude. This is an important distinction for understanding risk and development design requirements. 4 Item a. Storm Water Management – Tuscarora Creek and Town Branch May 10, 2021 Page 3 While the detention of the 100-year storm is not a requirement, all ponds will detain at least a portion of the 100-year storm by default. Regional ponds also are instrumental in helping control the 100- year storm events. Throughout the years, three (3) regional pond facilities have been constructed as part of the Town’s Stormwater Management Master Plan to help minimize the degradation of the Tuscarora drainage sheds. A fourth regional Pond was started at the Meadowbrook development along Route 15 South with full completion due within the next two to three years. The other regional ponds are located in Exeter, Stratford, and Greenway Farms. Stormwater management is now required for almost every project in accordance with Local and State codes, regulations, and ordinances. The following is a description of how stormwater management facilities are designed:  Stormwater management facilities are designed to provide water quality benefits for the first one inch of rainfall. Approximately 90% of all rainfall events are less than one inch (per 2013 Virginia Stormwater Management Handbook).  The one-year storm event has been proven by stormwater experts throughout the state to be the key design rainfall amount for protecting against natural channel erosion. The one-year storm event per the Town DCSM is 2.6 inches of rain over a 24-hour period. More than 99% of rainfall events are less than 2.6 inches (estimated per 2013 Virginia Stormwater Management Handbook).  The ten-year storm event is the design rainfall amount analyzed for verifying stormwater runoff can be kept within an adequate pipe or channel. The ten-year storm event per the Town DCSM is 4.7 inches of rainfall over a 24-hour period.  Attachment #4 is intended to indicate that design requirements to protect against progressively larger storm events have a rapidly diminishing return. This means that requiring detention for very large storm events would be significantly more expensive while providing relatively minor additional protection due to the low frequency of massive storm events.  State regulations only require detention for storms up to the ten-year storm.  The one-year storm controls volume and exit velocities to a rate that does not create erosion of natural streams and outfall channels.  The two-year storm controls volume and exit velocities to a rate that does not create erosion of manmade streams and outfall channels.  The ten-year storm ensures that stormwater volume leaving the development does not exceed the capacity of receiving downstream pipes and outfall channels.  The larger 100-year storms are assumed to occur less frequently. For newer developments, overland relief calculations are required to ensure these larger storm events do not flood new structures, and do not make drainage of downstream properties any worse. 5 Item a. Storm Water Management – Tuscarora Creek and Town Branch May 10, 2021 Page 4 The Town’s Municipal Separate Storm Sewer Systems MS-4 Program:  The MS-4 Program reports how the Town meets the requirements of the General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Discharges of Stormwater from Small MS-4s.  The Town was originally issued an MS-4 permit effective July 8, 2003 (Permit No. VAR040059). The MS-4 permit was re-issued on July 9, 2008, July 8, 2013, and November 1, 2018. The current five-year permit will expire on October 31, 2023.  The Town meets MS-4 requirements through the use of six minimum control measures. Attachments: 1. Drainage Shed Map 1 2. Drainage Shed Map 2 3. Regulatory Timeline 4. Rainfall Chart 6 Item a. Attachment 17Item a. 100Tuscarora CreekTown BranchTuscarora CreekTown BranchCattail BranchP otoma c R iv er CatoctinCircleN. King St.Edwards Ferry Rd.E. Market St.W. Market St.Fort Evans Rd.Rt. 15Dulles GreenwayBattlefield ParkwayBattlefieldPkwy.E. Market St.S. King St.CatoctinCircleLeesburgBypassRd.Ida LeeParkBalls Bluff ParkFreedomParkMeadowbrookStratford and OaklawnGreenway FarmsExeterFoxridgeLeesburg WestMajor WatershedsTUSCARORA CREEKLOWER GOOSE CREEKCATTAIL BRANCHLOWER SYCOLIN CREEKOTHERStormwater Management Regional Facilities & Town Flooding AreasLegendAreas of Town Which Have Experienced FloodingStormwater Facility - Runoff Areas (Drainage Areas)2,00002,0001,000Feet±Attachment 28Item a. Attachment 3 Regulatory ·Prior to 1990, the Town had only a small manual of design requirements. (Unable to find a copy.) ·In 1990, the Town Council adopted the first version of the Design and Construction Standards Manual (DCSM) based very closely to the Fairfax County Public Facilities Manual (PFM). ·Over the years, these design requirements have been updated to meet changing State requirements. Article 5 of the DCSM, Storm Drainage has been updated 5 times: 1.2008: The Town’s stormwater management regulations were updated to increase regulations regarding Water Quality, acknowledge the newly created Department of Plan Review and to make a few other minor updates to the stormwater regs. 2.2011: The entire DCSM was updated to clarify the role and authority of the Director of Capital Projects for CIP projects. 3. 2013: The Town’s stormwater management regulations were substantially updated (strengthened to protect streams and downstream properties) increasing regulations regarding Water Quality and Water Quantity requirements based upon federal and state mandates. The entire article was completely re-written. 4.2014: The Town’s stormwater management regulations were tweaked to address updates and clarifications to the state’s stormwater regulations to ensure the DCSM was in full compliance with the State. The Town’s Ordinances not only meet the minimum standards but a few instances, also exceed them. For example: a) The DCSM used current data and kept the higher more conservative rainfall intensities instead of lowering them like the County did. Staff recently reviewed recent rainfall data for the Leesburg area and found those rainfall intensities to be consistent with those found in the DCSM. b) The DCSM requires detailed overland relief to protect residents and businesses from flooding during large rainfall events. (This was not a requirement before 1990 so the older neighborhoods tend to flood more often and require CIPs where those constructed more recently do not have those issues. c) The Town requires water quality to be incorporated into all projects, even those that disturb less than 1 acre to ensure everyone is doing their fair share to keep the waterways in Leesburg protected. 5.2017: The Town’s FEMA floodplain regulations were substantially updated to comply with State and FEMA floodplain management and design requirements. Each time the DCSM has been updated to comply with minimum State and Federal regulations, design standards have been strengthened to protect the Town’s streams and residents. 9 Item a. Attachment 4 Runoff Chart for Various Rainfall Events 10 Item a. Date of Council Meeting: May 10, 2021 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION Subject: Liberty Lot Redevelopment Staff Contact: Russell Seymour, Director of Economic Development Christopher Spera, Town Attorney Council Action Requested: Provide direction regarding Council’s interest in pursuing redevelopment of the Liberty Lot, and in utilizing a public-private partnership, or similar mechanism, for such redevelopment. Staff Recommendation: Staff recommends Council pursue a public-private partnership, or similar mechanism, in the development of this site in a manner consistent with expanding the expanding the economic/tourism opportunities in Downtown Leesburg. Commission Recommendation: During their May 5, 2021 meeting, the Leesburg Economic Development Commission expressed support for exploring opportunities for the redevelopment of the Liberty Street lot and recommended that the Town move forward in determining the best and highest use of the property for the Town. Fiscal Impact: The Town may impose review fees for solicited proposals. Unsolicited proposals and competing proposals are subject to review fees set by the existing Town guidelines described below, including an initial fee of not less than $2,000 nor more than $25,000. Work Plan Impact: Staff time would be required to prepare an appropriate solicitation for proposals if Council chooses to pursue a solicited public-private partnership. Town public-private partnership guidelines and applicable law provide for proposal review by outside professionals (with associated costs reimbursable to the Town). Executive Summary: There is currently significant interest from the private sector in the development of a 2.03 acre parcel located at 204 Liberty Street in Downtown Leesburg. As this parcel is owned by the Town, the opportunity exists for the use of a public-private partnership, or similar mechanism, to ensure this parcel is developed in manner consistent with the Town’s needs. Background: Liberty Lot, located at 204 Liberty Street, consists of a 2.03 acre site, zoned B1- Community (Downtown) Business District. The B1 designation was established in recognition of this area serving as the center of Leesburg’s employment, tourism and specialty commercial activity. Currently, the site contains a 90(+) space asphalt parking lot and a 1,513sf facility that serves the Town’s Department of Public Works. Downtown Leesburg remains a very desirable location for development, as is evident by the number of projects currently in progress. As such, this parcel has the capability of serving as a significant economic development opportunity for Downtown. A site owned by the Town in this 11 Item b. Liberty Lot Redevelopment May 10, 2021 Page 2 location provides Council with the opportunity to direct, not only the type of development on this particular site, but also potentially influence several adjacent parcels. Over the past 12 months, the Town has received several inquiries regarding this site. As such, staff is requesting Council to provide direction regarding interest in pursuing redevelopment of the Liberty Lot, and in utilizing a public-private partnership, or similar mechanism, for such redevelopment. Public-Private Partnerships. Two types of Public-Private Partnerships (PPPs) are authorized by Virginia Code: the Public-Private Transportation Act (PPTA) adopted in 1995 and codified in Va. Code § 33.2-1800, et seq.; and the Public-Private Education Facilities and Infrastructure Act (PPEA) adopted in 2002 and codified in Va. Code § 56-575.1 et seq. These statutory schemes are intended to facilitate timely and cost-effective acquisition, design and construction of certain defined types of public infrastructure and government facilities, by permitting investment by private entities and allowing localities to use procurement methods outside the Virginia Public Procurement Act (VPPA). Based on the current focus on the Liberty Lot redevelopment, this memorandum will focus on the PPEA, rather than the PPTA. A PPP may be used only for a “qualifying project,” defined under the PPEA to include:  “any building or facility that meets a public purpose and is developed or operated by or for any public entity;”  “any improvements, together with equipment, necessary to enhance public safety and security of building to be principally used by a public entity;”  “a recreational facility;”  “any improvements necessary or desirable to any unimproved locally- or state-owned real estate;” and  several categories of technology and school-related projects. In November of 2017, the ad hoc Economic Development Steering Committee issued a report to Council containing a recommendation that the Town adopt model public/private partnership guidelines. By Resolution 2018-163, the Town Council amended its existing guidelines, adopting the “Town of Leesburg, Virginia Guidelines for Implementation of the Public-Private Education Facilities and Infrastructure Act of 2002, as amended, dated December 11, 2018” (the “PPP Guidelines”) (Attachment 1). The PPP Guidelines establish a detailed roadmap for Town public-private partnerships in accordance with the PPEA.1 PPPs may be initiated by a locality (solicited proposals) through a request for proposal or competition negotiation, or a private entity may submit a proposal to a locality on its own initiative (unsolicited proposals). The PPP Guidelines provide for both types of proposals. The process in both cases is detailed, involves several levels of public notice and comment, and requires a significant investment of time. In both cases, competition is emphasized. In the unsolicited proposal scenario, the Town may choose to “accept” or not accept any formal unsolicited proposal. If the Town chooses to accept an unsolicited proposal, this would initiate a 1 There have been no modifications to the PPEA since the Town’s adoption of the PPP Guidelines in 2018; Staff is not aware of any update to the PPP Guidelines that would be required at this time. 12 Item b. Liberty Lot Redevelopment May 10, 2021 Page 3 process for notifying the public and soliciting competing proposals. Accompanying fees are set forth in the PPP Guidelines, and are intended to compensate the Town for the cost of review and analysis of the proposals. In the solicited proposal scenario, the Town would create a solicitation document, similar to other public procurement documents, outlining the required project specifications, the required contents of any proposal, and the required fees. Required contents for all proposals, including unsolicited proposals, are set forth in detail by the PPP Guidelines; the Town Manager may impose additional requirements. The evaluation process is laid out in the PPP Guidelines; generally, an evaluation committee is designated, and various components of the proposals would be reviewed by relevant professional consultants. At the initial stage, proposals are conceptual and, once evaluated, the Town may choose to: reject all proposals, continue discussions regarding multiple proposals, or continue discussions regarding only one proposal if required findings are made. Where the Town chooses to move forward, a second “detailed-proposal” submission is required. Following evaluation of the detailed proposal, the Town may proceed to enter into an agreement with a partner if the Town is able to make a determination that the project serves a public purpose as defined in Va. Code § 56-575.4(C).2 General time tables for both the unsolicited proposal and the solicited proposal scenario are detailed in Appendix A of the PPP Guidelines. The solicited proposal process is estimated to require 280 days, plus the initial time to develop the invitation for proposals; the unsolicited proposal process is estimated to require 350 days. Proposed Legislation: None, pending Council direction Attachments: 1. Town of Leesburg, Virginia Guidelines for Implementation of the Public-Private Education Facilities and Infrastructure Act of 2002, as amended, dated December 11, 2018 2. EDC Recommendation 2 “The responsible public entity may grant approval of the development or operation of the … public infrastructure or government facility needed by a public entity as a qualifying project, or the design or equipping of a qualifying project so developed or operated, if the responsible public entity determines that the project serves the public purpose of this chapter. The responsible public entity may determine that the development or operation of the qualifying project as a qualifying project serves such public purpose if: 1. There is a public need for or benefit derived from the qualifying project of the type the private entity proposes as a qualifying project; 2. The estimated cost of the qualifying project is reasonable in relation to similar facilities; and 3. The private entity's plans will result in the timely development or operation of the qualifying project. In evaluating any request, the responsible public entity may rely upon internal staff reports prepared by personnel familiar with the operation of similar facilities or the advice of outside advisors or consultants having relevant experience.” (Va. Code § 56-575.4(C).) 13 Item b. 14 Item b. 15 Item b. 16 Item b. 17 Item b. 18 Item b. 19 Item b. 20 Item b. 21 Item b. 22 Item b. 23 Item b. 24 Item b. 25 Item b. 26 Item b. 27 Item b. 28 Item b. 29 Item b. 30 Item b. 31 Item b. 32 Item b. 33 Item b. 34 Item b. 35 Item b. 36 Item b. 37 Item b. 38 Item b. 39 Item b. 40 Item b. 41 Item b. 42 Item b. 43 Item b. 44 Item b. 45 Item b. 46 Item b. 47 Item b. 48 Item b. 49 Item b. 50 Item b. 51 Item b. 52 Item b. 53 Item b. Date of Council Meeting: May 10, 2021 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION Subject: Leesburg Police Department – 2020 Crime Report Staff Contact: Gregory C. Brown, Chief of Police Council Action Requested: None. Staff Recommendation: None. Commission Recommendation: Not applicable. Fiscal Impact: None. Work Plan Impact: None. Executive Summary: The Leesburg Police Department utilizes crime analysis and crime statistics to predict and mitigate crime, to ensure proper resource allocation, to formulate budgets, and to strengthen community partnerships. The department will continue to use the method of crime analysis to assist in developing policing strategies that promote and maintain safety for the residents, businesses, and visitors of the Town of Leesburg. Background: The Town of Leesburg has successfully maintained a low crime rate with the assistance of statistical crime and trend analysis combined with empirical observation, assessment of quality of life issues, and proactive policing methodologies. This approach provides the police department with the ability to address issues that could otherwise present opportunities of crime. In 2013, the Leesburg Police Department was certified to collect and submit crime statistics to the FBI National Incident-Base Reporting System (NIBRS) which allows for more comprehensive data entry resulting in a more accurate assessment of the incidents and occurrences of crime in a given locality. Arrests are broken into two groups of crime: Group A offenses (crimes against persons and society) and Group B offenses (lesser crimes or nuisance related offenses). The benefit of reporting under NIBRS is that it provides greater specificity in reported offenses and arrests, collects more detailed information on each crime, assists in giving context to specific crime problems, and provides greater analytical flexibility. This information and data helps the Leesburg Police Department effectively reduce opportunities of crime and addresses quality of life. The same analysis methodology is also being applied to identifying, predicting and addressing traffic issues within the Town of Leesburg. The Leesburg Police Department 2020 Crime Report presentation is a brief overview of the reported and documented crime and arrests that occurred in the Town of Leesburg during calendar year 2020. Additionally, the Leesburg Police Department’s Crime and Traffic Analyst collects and analyzes traffic and crash data to assist the Town in addressing traffic-related issues. Attachment: (1) Leesburg Police Department Crime Report PowerPoint Presentation 54 Item c. Leesburg Police Department 2020 Crime Report Chief Gregory C. Brown 55 Item c. Leesburg Police Department 2020 Calls for Service 49,590 54,031 47,570 49,140 50,642 54,261 44,110 45,831 49,695 48,262 35,585 0 10,000 20,000 30,000 40,000 50,000 60,000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 CALLS FOR SERVICE 56 Item c. Leesburg Police Department 2020 CFS by Month 0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2019 2020 57 Item c. Crimes Against Persons 2019 2020 Change GROUP A OFFENSES (CY19-20) Crimes Against Persons Murder & Nonnegligent Manslaughter 0 1 100% Negligent Manslaughter 0 0 No Change Kidnapping / Abduction 9 13 44% Forcible Rape 10 11 10% Forcible Sodomy 6 5 -17% Sexual Assault w/An Object 4 2 -50% Forcible Fondling (Sexual Assault)35 20 -43% Incest 0 0 No Change Statutory Rape 2 2 No Change Aggravated Assault 65 83 28% Simple Assault 390 307 -21% Intimidation 82 101 23% Human Trafficking, Commercial Sex Acts 0 0 No Change Human Trafficking, Involuntary Servitude 0 0 No Change Leesburg PD Crime Report Data: 2019-2020 58 Item c. Leesburg PD Crime Report 2019 2020 Change Crimes Against Property Arson 1 4 300% Bribery 0 0 No Change Burglary / Breaking & Entering 22 36 64% Counterfeiting / Forgery 27 26 -4% Destruction, Damage, Vandalism of Property 202 257 27% Embezzlement 16 7 -56% Extortion / Blackmail 15 25 67% False Pretenses, Swindle, Confidence Game 90 93 3% Credit Card, Automated Teller Fraud 86 82 -5% Impersonation 41 11 -73% Welfare Fraud 0 1 100% Wire Fraud 64 67 5% Identity Theft 41 42 2% Hacking, Computer Invasion 4 7 75% Robbery 19 21 11% Pocket-picking 3 3 No Change Purse-snatching 1 0 -100% Shoplifting 178 244 37% Theft from Building 126 53 -58% Theft from Coin Operated Machine / Device 0 0 No Change Theft from Motor Vehicle 97 92 -5% Theft of Motor Vehicle Parts or Accessories 30 28 -7% All other Larceny 101 71 -30% Motor Vehicle Theft 19 20 5% Stolen Property Offenses 5 2 -60% Crimes Against Property 59 Item c. Leesburg PD Crime Report Group A Arrests Down 13% 2019 2020 Change Crimes Against Society Drug / Narcotic Violations 368 225 -39% Drug Equipment Violations 240 142 -41% Betting / Wagering 0 0 No Change Operating, Promoting, Assisting Gambling 0 0 No Change Gambling Equipment Violations 0 0 No Change Sports Tampering 0 0 No Change Pornography / Obscene Material 35 28 -20% Prostitution 1 0 -100% Assisting or Promoting Prostitution 1 0 -100% Purchasing Prostitution 0 0 No Change Weapon Law Violations 23 17 -26% Animal Cruelty 0 0 No Change TOTAL GROUP A OFFENSES 2,458 2,149 -13% Crimes Against Society 60 Item c. Leesburg PD Crime Report Data: 2019-2020 Group B Arrests Down 50% GROUP B ARRESTS 2019 2020 Change Offense Bad Checks 1 3 200% Curfew, Loitering, Vagrancy Violations 0 0 No Change Disorderly Conduct 10 7 -30% Driving Under the Influence 116 41 -65% Drunkenness 166 85 -49% Family Offenses (Non-violent)2 0 -100% Liquor Law Violations 29 8 -72% Peeping Tom 0 0 No Change Trespass of Real Property 0 3 100% All Other Offenses 37 32 -14% TOTAL GROUP B ARRESTS 361 179 -50% 61 Item c. Domestic Violence Information Data: January 2015-December 2020 NOTE;The above chart looks at the total count of cases and arrests.This does not include multiple charges per case or multiple arrest charges.The closure rate is year by year;however,an arrest from a 2015 may have occurred in 2016,etc.;and therefore,the closure rates may be slightly off. Year Count of Cases Count of Arrests Closure Rate 2015 215 85 40% 2016 336 89 41% 2017 326 97 45% 2018 372 116 54% 2019 394 113 53% 2020 307 89 41% Grand Total 1950 589 62 Item c. Crash & Traffic Data Citations Issued 2016 2017 2018 2019 2020 5-Year Avg Traffic 3409 3830 6388 6962 2899 4698 Written Warnings 2019 1412 1686 2514 1111 1748 DUI Arrests 115 58 145 116 41 95 Parking Tickets 1417 1333 1441 1171 1268 1326 Crash Type 2016 2017 2018 2019 2020 5-Year Avg Fatal 0 1 0 0 1 0 Resulting in Injuries 198 158 220 151 115 168 Reportable, other 487 638 664 553 475 563 Non-Reportable 0 171 301 508 174 231 TOTAL CRASHES 685 968 1185 1212 765 963 Alcohol-Related 11 17 36 23 20 21 Hit & Run 323 363 319 328 237 314 63 Item c. Crashes –Top 4 Intersections 2020 2019 E. Market Street/Cardinal Park Drive E. Market Street/Battlefield Parkway Leesburg Bypass/Edwards Ferry Road Leesburg Bypass/Edwards Ferry Road Market Street/Prosperity Ave E. Market Street/Cardinal Park Drive Battlefield Parkway/Leesburg Bypass (tie)E. Market Street/Fort Evans Road Leesburg Bypass/Fort Evans Road (tie) 64 Item c. QUESTIONS 65 Item c. Date of Council Work Session: May 10, 2021 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION Subject: Civilian Oversight Body for Leesburg Police Department Staff Contact: Christopher P. Spera, Town Attorney Greg Brown, Chief of Police Council Action Requested: Council requested a work session discussion to consider a civilian oversight body for the Leesburg Police Department. Staff Recommendation: (1) Creation of a task force appointed by the Council to fully explore the matter, and to make recommendations to Council by a defined point in time; and (2) pursuit of a legal amendment and/or clarification by the Virginia General Assembly giving towns in Virginia the authority to create a civilian oversight body. Commission Recommendation: Not applicable. Fiscal Impact: To be determined dependent upon Council direction. Work Plan Impact: To be determined dependent upon Council direction. Executive Summary: At their April 12, 2021 meeting, Town Council requested a work session discussion to consider a civilian oversight body for the Leesburg Police Department. In October 2020, the Governor signed into law Virginia Assembly Senate Bill 5035 which becomes effective July 1, 2021. The respective bill authorizes, but does not require, certain local governments to create civilian oversight bodies to have direct oversight over certain law enforcement entities. Background: In October 2020, the Governor signed into law Virginia Assembly Senate Bill 5035 which becomes effective July 1, 2021. The respective bill authorizes, but does not require, certain local governments to create civilian oversight bodies to have direct oversight over certain law enforcement entities. As set forth more fully below, the new legislation as currently formulated (new Va. Code §9.1-601) grants the following powers to an oversight body:  Receive, investigate, and issue findings on complaints about police conduct.  Investigate and issue findings on police use of force, death or serious injury while in custody, abuse of authority or misconduct, and discriminatory stops.  Make binding disciplinary determinations for police officers in cases involving serious breaches of departmental or professional standards.  Investigate and make recommendations regarding police policies, practices, and procedures. 66 Item d. Civilian Oversight Bodies May 10, 2021 Page 2  Review and issue findings on the accuracy, completeness, and impartiality of internal investigations into police conduct.  Request reports on annual expenditures of the police force.  Make public reports on the activities of the oversight body.  Undertake other duties as reasonably necessary to effectuate its lawful purpose. As currently implemented, however, there are gaps in coverage that create some potential issues for the Town. As a threshold matter, the legislation does not authorize towns to create civilian oversight bodies. In Va. Code §9.1-601(A)(1), the definition of a “locality” authorized to create a civilian oversight body excludes towns: ‘"Locality" shall be construed to mean a county or city as the context may require.’ Accordingly, absent an amendment to the law, the Town could not create an oversight body with the powers enumerated above; only a county or city can do that. On the other hand, it is clear that the Town’s police department can be subjected to an oversight body. Va. Code §9.1-601(A)(2) expressly includes town police departments among those law enforcement entities subject to oversight: “For the purposes of this section, a "law-enforcement agency serving under the authority of the locality" shall be construed to mean any law-enforcement agency established within the boundaries of a locality, including any town police departments or any campus police departments of any public institution of higher education of the Commonwealth established within such boundaries.” Moreover, the Loudoun County Sheriff is not subject to oversight in the same way. Va. Code §9.1-601(A)(1) specifically defines “law enforcement agency” and “law enforcement officer” in a manner that does not include Sheriff’s Departments: Definition of “Law-Enforcement Agency” – “a police department established pursuant to § 15.2-1701 “. Definition of “Law-Enforcement Officer” – “does not include a sheriff or deputy sheriff or any law-enforcement officer who has rights afforded to him pursuant to the provisions of Chapter 5 (§ 9.1-500 et seq.).” Accordingly, the Loudoun County Sheriff’s Department, the largest (and for the majority of the County, the only) local law enforcement entity in the County, is not subject to this new form of civilian oversight. This leaves Leesburg (as well as well as other towns with police forces in Loudoun County) in a potentially odd situation. The Town itself could not impose an oversight body, but the Town’s police department could be subject to one established by the County, while the County Sheriff’s department would not. 67 Item d. COUNCIL ACTIONS CALENDAR Tentative/Subject to Change 5/5/20213:44 PM MeetingDate MeetingType Name SubmittedBy 05/10/2021 Town Council Work Session DISCUSSION: Police Department – Oversight Committee Smith, Carmen DISCUSSION: Police Department Crime Report Brown, Greg DISCUSSION: Public Private Partnership/Liberty Lot Redevelopment Smith, Carmen DISCUSSION: Stormwater Management - Tuscarora Creek and Town Branch Southerland, Danielle INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine INFORMATION MEMO: Board of Zoning Appeals 2020 Annual Report Cicalese, Karen 05/11/2021 Town Council Meeting CONSENT: Award Task to FJ Industrial for Belt Filter Press Replacement at WPCF Wyks, Amy CONSENT: License Agreement between the Town of Leesburg and SummitIG Southerland, Danielle CONSENT: Battlefield Pkwy/Rte 15 Bypass Interchange – VDOT Review Agreement Steyer, Cindy CONSENT: Contract Award for Fiscal Year 2022 Replacement Vehicles Southerland, Danielle CONSENT: Police Station Expansion – Design Change Order Authorization Steyer, Cindy PRESENTATION: BAR Annual Report Cicalese, Karen PROCLAMATION: Kids to Park Day Belote, Tara PROCLAMATION: Mental Health Awareness Month Belote, Tara PROCLAMATION: National Military Appreciation Month Belote, Tara PROCLAMATION: National Police Week Belote, Tara PROCLAMATION: National Public Works Week Southerland, Danielle PROCLAMATION: Preservation Month Murphy, Lauren PUBLIC HEARING: Sycolin Cemetery Lot Dedication to Loudoun Freedom Center Smith, Carmen PUBLIC HEARING; TLSE-2020-0003, Playful Pack Doggie Daycare Parker, Scott RESOLUTION: Harrison Street Art Mural Kosin, Leah RESOLUTION: Liberty Street Art Mural Expansion Kosin, Leah 05/24/2021 Town Council Work Session DISCUSSION: Arts and Cultural District - Wayfinding Sign/Banners and Murals on Private Buildings Eagle, Tabitha DISCUSSION: Black History Mural Kosin, Leah DISCUSSION: Continuing Disclosure Requirements Related To Town Debt Case, Clark DISCUSSION: Quarterly Progress Report on Council Retreat Workplan Items Belote, Tara DISCUSSION: Strategic Property Acquisitions Belote, Tara DISCUSSION: Virginia Main Street Program Seymour, Russell INFORMATION MEMO: Board and Commission Report - April Boeing, Eileen 05/25/2021 Town Council Meeting CONSENT: Appointment to the Economic Development Commission (Nacy) - Tentative Boeing, Eileen CONSENT: Authorize the Mayor to Official Request a Joint Meeting with the Board of Supervisors in Fall 2021 Belote, Tara 68 Item a. COUNCIL ACTIONS CALENDAR Tentative/Subject to Change 5/5/20213:44 PM MeetingDate MeetingType Name SubmittedBy 05/25/2021 Town Council Meeting CONSENT: Cellco Partnership (Verizon Wireless) – License Agreement Belote, Tara CONSENT: Contract Award for LMIS Software Belote, Tara POTENTIAL CLOSED SESSION: Boundary Line Adjustment and Revenue Sharing Agreement Smith, Carmen PRESENTATION: 2020 Tolbert Award Klusek, Richard PRESENTATION: EAC Annual Report Klusek, Richard PROCLAMATION: National Gun Violence Awareness Day Belote, Tara PROCLAMATION: Wayne's Crossing Day Belote, Tara PUBLIC HEARING: Small Cell Franchise Bid Opening Smith, Carmen PUBLIC HEARING: Town Code Amendments Related to Airport Smith, Carmen RESOLUTION: Black History Mural (Dependent Upon Council Direction)Kosin, Leah RESOLUTION: Electric Vehicle Charging Grant Belote, Tara RESOLUTION: Peterson at Compass Creek Request for Extension of Utilities McClaughry, Lesley RESOLUTION: Tuscarora Crossing Extension of Utilities Request Wyks, Amy 06/07/2021 Town Council Work Session DISCUSSION: MEC Lease and Memorandum of Understanding (MOU)Seymour, Russell DISCUSSION: Promotion of Leesburg Arts/Cultural and History Turney, Elaine DISCUSSION: Quarterly Budget and CIP Update Fazenbaker, Cole DISCUSSION: Town Plan Development Update from Planning Commission and Staff Cicalese, Karen INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine 06/08/2021 Town Council Meeting CONSENT: Richmond Dam Sanitary Sewer Encroachment Agreement Wyks, Amy PROCLAMATION: Juneteenth Belote, Tara PROCLAMATION: LGBTQ Pride Month Belote, Tara PUBLIC HEARING: At Home BLA at Compass Creek and Walmart BLA(Tentative)Smith, Carmen RESOLUTION: Equine Center Utility Extension Request Wyks, Amy RESOLUTION: Ethics Policy Smith, Carmen RESOLUTION: Ida Lee Roof Replacement - Construction Contract Award Steyer, Cindy RESOLUTION: Reconciliation of Snow Storm Costs Cournoyer, Jason 06/21/2021 Town Council Work Session DISCUSSION: Affordable Dwellings and Accessory Housing Cicalese, Karen DISCUSSION: Commercial Property Assessed (C-SPACE) Program - Solar Retrofit Program Turney, Elaine DISCUSSION: Density/Intensity development standards in the B-1 district Cicalese, Karen DISCUSSION: Open Space requirements for Multifamily development and Attached Single Family Development Cicalese, Karen INFORMATION MEMO: Board and Commission Report - May Boeing, Eileen 69 Item a. COUNCIL ACTIONS CALENDAR Tentative/Subject to Change 5/5/20213:44 PM MeetingDate MeetingType Name SubmittedBy 06/22/2021 Town Council Meeting ORDINANCE: Continuity of Government Ordinance Renewal (PLACEHOLDER)Smith, Carmen PUBLIC HEARING: Award of Franchises Smith, Carmen PUBLIC HEARING: Town Code Batch Amendments Smith, Carmen 07/12/2021 Town Council Work Session DISCUSSION: Environmental Sustainability Siteplan and Development Standards Cicalese, Karen DISCUSSION: Open Space (Review Goals Standards Including Enforcement and Tree Canopy Requirements)Cicalese, Karen INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine 07/13/2021 Town Council Meeting CONSENT: Award Contract for Industrial Coatings Application for Utilities Wyks, Amy RESOLUTION: Renewal and Extension of Consolidating Billing MOA with County of Loudoun Fazenbaker, Cole 07/26/2021 Town Council Work Session DISCUSSION: Commercial Space in Downtown Leesburg Turney, Elaine DISCUSSION: Legislative Agenda - 2022 Belote, Tara INFORMATION MEMO: Board and Commission Report - June Boeing, Eileen INFORMATION MEMO: Quarterly Budget and CIP Update Fazenbaker, Cole 07/27/2021 Town Council Meeting CONSENT: Airport Apron Paving – Design Contract & Grant Funding Authorization Steyer, Cindy CONSENT: Airport North Hangars – Construction Administration Task Order Authorization Steyer, Cindy CONSENT: Airport North Hangars – Construction Engineering & Inspections Task Order Authorization Steyer, Cindy RESOLUTION: Airport North Hangars - Construction Contract Award Steyer, Cindy RESOLUTION: Legislative Agenda - 2022 (Tentative)Belote, Tara 08/09/2021 Town Council Work Session DISCUSSION: Economic Development Strategic Plan Turney, Elaine DISCUSSION: Adoption of Plastic Bag Ordinance Southerland, Danielle DISCUSSION: Explore Creating/Supporting Additional Community Events Trask, Kate DISCUSSION: Review of IT Commission (Technology Ideas, Propose Priorities)Callahan, John INFORMATION MEMO: Board and Commission Report - July Boeing, Eileen 08/10/2021 Town Council Meeting PROCLAMATION: National Payroll Week Belote, Tara PROCLAMATION: World Suicide Prevention Day Belote, Tara 09/13/2021 Town Council Work Session DISCUSSION: Town Plan/Legacy Leesburg Cicalese, Karen INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine INFORMATION MEMO: Quarterly Progress Report on Council Retreat Workplan Items Belote, Tara 09/14/2021 Town Council Meeting PROCLAMATION: Childhood Cancer Awareness Month Belote, Tara PROCLAMATION: Constitution Week Belote, Tara PROCLAMATION: Hispanic Heritage Month Belote, Tara PUBLIC HEARING; Town Plan/Legacy Leesburg Cicalese, Karen 70 Item a. COUNCIL ACTIONS CALENDAR Tentative/Subject to Change 5/5/20213:44 PM MeetingDate MeetingType Name SubmittedBy 09/27/2021 Town Council Work Session DISCUSSION: Economic Development Authority Belote, Tara INFORMATION MEMO: Board and Commission Report - August Boeing, Eileen 10/12/2021 Town Council Meeting: Regular + Work Session PROCLAMATION: Bullying Prevention Month Belote, Tara PROCLAMATION: Domestic Violence Awareness Month Belote, Tara PROCLAMATION: Dysautonomia Awareness Month Belote, Tara 10/25/2021 Town Council Work Session DISCUSSION: Mason Enterprise Center Turney, Elaine INFORMATION MEMO: Board and Commission Report - September Boeing, Eileen 10/26/2021 Town Council Meeting PUBLIC HEARING: Legacy Leesburg Town Plan Cicalese, Karen 11/08/2021 Town Council Work Session DISCUSSION: Legacy Leesburg Town Plan Cicalese, Karen DISCUSSION: Recycling Program Briefing Southerland, Danielle INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine 11/09/2021 Town Council Meeting PROCLAMATION: Diabetes Awareness Month Belote, Tara PROCLAMATION: National American Indian Heritage Month Belote, Tara PROCLAMATION: Small Business Saturday Belote, Tara PROCLAMATION: Veterans Day Belote, Tara 11/22/2021 Town Council Work Session INFORMATION MEMO: Board and Commission Report - October Boeing, Eileen 11/23/2021 Town Council Meeting RESOLUTION: Town Council Meeting Calendar for Year 2022 Boeing, Eileen 12/13/2021 Town Council Work Session INFORMATION MEMO: Board and Commission Report - November Boeing, Eileen INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine 12/14/2021 Town Council Meeting PROCLAMATION: Recognition of Public Service of Town Employees Retiring Belote, Tara RESOLUTION: Approval of Legacy Leesburg Town Plan Cicalese, Karen RESOLUTION: Authorization of Zoning Ordinance Update Cicalese, Karen 71 Item a. Date of Council Meeting: May 10, 2021 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION INFORMATION MEMORANDUM Subject: Visit Loudoun Monthly Report Staff Contact: Russell Seymour, Director of Economic Development Council Action Requested: Information memo only. No action is required by Council at this time. Staff Recommendation: Information memo only. No staff recommendation at this time. Commission Recommendation: None. Fiscal Impact: None. Work Plan Impact: None. The partnership and associated coordination with Visit Loudoun is part of the Department of Economic Development’s current work plan. Executive Summary: Visit Loudoun’s Travel Pulse Monthly Report for the month of March 2021. Background: As part of a Memorandum of Agreement with the Town, Visit Loudoun provides monthly reports on information pertaining to hotel occupancy that includes both Town and Country hotels along with relevant Visitor Center data. Attachment: 1. Monthly Report for March 2021 72 Item a. Travel Pulse Please find monthly indicators below for Loudoun County in March 2021. Overall, performance slightly improved from February. Visit Loudoun has purchased a custom forecast report from STR, Inc. that features projected occupancy, ADR and RevPar for 18 months out. Monthly projections have been included in each metric below, as the dotted lines on the graphs. This forecast was last updated in February 2021. Loudoun County Hotel Occupancy Occupancy in March 2021 was 41.7%, a 14.9% increase from March 2020. This performance is ahead of Northern Virginia as a whole whose March occupancy was 34.1%. Source: STR Inc. 73 Item a. Loudoun County Average Daily Room Rate (ADR) ADR for March 2021 in Loudoun County was $101.20, a 6.8% decrease from March 2020. Source: STR Inc. 74 Item a. Loudoun County Revenue Per Available Room (RevPAR) RevPAR for Loudoun County in March 2021 was $42.17, a 7.1% increase from March 2020. Source: STR Inc. 75 Item a. Dulles Airport Passenger Traffic 617,052 passengers passed through the gates of Dulles in January 2021, a 65% decrease from January 2020. There was a 61% decrease in domestic passengers and a 73% decrease in international passengers. Additional insights from MWAA can be found in the link below. February & March statistics have not been released yet. Source: Metropolitan Washington Airports Authority 76 Item a. Leesburg Figures for March 2021 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2019 50.0%56.8%63.6%74.4%85.6%84.3%75.9%72.5%73.7%80.8%65.6%49.3% 2020 49.7%51.7%37.2%27.8%23.5%31.3%41.1%46.2%47.3%52.3%36.8%30.6% 2021 35.9%35.7%38.2% 20% 30% 40% 50% 60% 70% 80% 90% Leesburg Occupancy: 38.2% Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2019 $95.8 $96.8 $100.$107.$116.$116.$112.$115.$116.$119.$112.$99.4 2020 $95.5 $101.$100.$86.0 $84.0 $90.0 $92.7 $95.2 $98.0 $104.$97.9 $90.7 2021 $93.8 $89.6 $93.8 $80 $85 $90 $95 $100 $105 $110 $115 $120 Leesburg Average Daily Rate (ADR): $93.80 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2019 $47.88 $55.07 $63.62 $80.18 $99.36 $98.33 $85.67 $83.46 $85.75 $96.17 $73.77 $49.05 2020 $47.44 $49.90 $37.36 $23.89 $19.78 $28.18 $38.12 $43.95 $46.41 $54.42 $35.99 $27.75 2021 $33.69 $32.02 $35.82 $18 $28 $38 $48 $58 $68 $78 $88 $98 $108 Leesburg Revenue Per Available Room (RevPAR): $35.82 77 Item a. Date of Council Meeting: May 10, 2021 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION INFORMATION MEMORANDUM Subject: Board of Zoning Appeals – 2020 Annual Report Staff Contact: Debi Parry, Planning & Zoning Analyst Michael Watkins, Zoning Administrator Council Action Requested: Information memo only. No action is required by Council at this time. Staff Recommendation: Information memo only. No staff recommendation at this time. Commission Recommendation: Not applicable. Fiscal Impact: None. Work Plan Impact: None. Executive Summary: Section 2-195 (d) of the Leesburg Town Code specifies that all boards and commissions shall provide an Annual Report to the Town Council. The work of the Board of Zoning Appeals (BZA) is summarized in the attached Annual Report. The BZA held 1 meeting in 2020 where they reviewed 1 case relating to an appeal of a determination issued by the Zoning Administrator. This case related to the desire of the appellant to construct a second driveway on their corner lot property, and is further outlined in the attached report. After reviewing the case, the BZA upheld the determination made by the Zoning Administrator. There were no further cases filed in 2020, and due to concerns with the COVID-19 pandemic, the BZA did not hold either of their regular business meetings. Background: The Town of Leesburg Board of Zoning Appeals (BZA) is a 5-member quasi-judicial body appointed by the Chief Judge of the Loudoun County Circuit Court pursuant to Article 7, Chapter 22, Title 15.2 of the Code of Virginia, 1950, as amended, and authorized in Section 2-231 of the Town Code. The Board of Zoning Appeals is charged with hearing and deciding appeals of administrative decisions and determinations made by the Zoning Administrator as well authorizing variances from the terms of the Zoning Ordinance in specific cases. Attachment: 1. 2020 Board of Zoning Appeals Annual Report 78 Item b. 2021 BZA Meeting Schedule 4 * denotes regularly scheduled business meetings. Town of Leesburg Department of Planning & Zoning 25 W. Market Street, Leesburg, VA 20176 www.leesburgva.gov/planning Tuesday, January 19, 2021 Tuesday, February 16, 2021 Tuesday, March 16, 2021 Tuesday, April 20, 2021* Tuesday, May 18, 2021 Tuesday, June 15, 2021 Tuesday, July 20, 2021 Tuesday, August 17, 2021 Tuesday, September 21, 2021* Tuesday, October 19, 2021 Tuesday, November 16, 2021 Tuesday, December 21, 2021 Town of Leesburg, VA Board of Zoning Appeals 2020 Annual Report 79 Item b. The Leesburg Board of Zoning Appeals (BZA) is pleased to present its annual report for the 2020 calendar year. The information contained within this report is a summary of work produced by the Board during the previous year. 2020 BZA Members Acknowledgements 2 Board Members Peter Vanderloo, Chairman Susan Moffett, Vice Chairman Joseph Carter Gregory Gutierrez (appointed 2/14/2020) Martha Mason Semmes Staff Liaisons Michael Watkins Zoning Administrator Debi Parry, Planning & Zoning Analyst 2020 Highlights& Looking Forward 3 BZA 2020 Overview The BZA, a quazi-judicial body appointed by the Loudoun County Circuit Court, meets on an as needed basis. There was one case heard in 2020. Both business meetings of the BZA were cancelled due to the COVID pandemic and staffing concerns. TLZV-2019-0003—602 Valley View Avenue SW On January 21, 2020, the Board of Zoning Appeals met to hear case TLZV-2019-0003, 602 Valley View Avenue SW, which was filed as an appeal of an administrative decision given by the Zoning Administrator. This application was filed by the appellant who alleged that the Zoning Administrator erred in the denial of a Zoning Permit requesting a second vehicle entrance onto the subject property located at 602 Valley View Avenue SW. The basis of the appeal was a challenge to the administrative decision that a second vehicle access from a public street is not permitted for the single-family detached lot per Town of Leesburg Zoning Section 11.6.1.B Entrances and Exits. The subject property is a “corner lot” meaning it has frontage on two streets. The property is similar in size and shape to other corner lots in the surrounding neighborhood, none of which have more than one combined or separate entrance and exit. The subject property had an existing combined entrance and exit driveway on Valley View Avenue SW and sought a second entrance and exit driveway onto the lot from Crestwood Street SW. Further, the applicant failed to justify the need for the second driveway in their Zoning Permit application, as required in Section 11.6.1.B. Upon reviewing the application, the Zoning Administrator reached out to the applicant to inform them that their application was not in compliance and provided options for the applicant to (1) provide the necessary justification as outlined in the Zoning Ordinance or (2) amend their application to bring it into compliance with the Zoning Ordinance. The applicant requested that their application be denied so that their case might be heard before the Board of Zoning Appeals. After hearing testimony from staff, the appellants and a representative of the Crestwood Hamlet HOA, the Board of Zoning Appeals upheld the Zoning Administrator’s denial of the Zoning Permit application. 80 Item b.