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HomeMy Public PortalAbout2021_tcmin1123 COUNCIL MEETING November 23, 2021 Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Zach Cummings, Suzanne Fox, Vice Mayor Marty Martinez, Kari Nacy, Neil Steinberg, and Mayor Kelly Burk. Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Director of Public Works and Capital Projects Renee LaFollette, Director of Economic Development Russell Seymour, Director of Plan Review Bill Ackman, Director of Planning& Zoning Susan Berry Hill, Deputy Director of Planning& Zoning Brian Boucher and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Nacy. 3. SALUTE TO THE FLAG was led by Mayor Burk. 4. ROLL CALL a. Electronic Participation for Vice Mayor Martinez MOTION2021-210 On a motion by Mayor Burk, seconded by Council Member Steinberg, the following was proposed: To allow Vice Mayor Martinez to electronically participate in the November 23, 2021, Council Meeting because he was traveling out of the area. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1(Vice Mayor Martinez abstain) 5. MINUTES a. Work Session Minutes of November 8, 2021 MOTION 2021-211 On a motion by Council Member Bagdasarian, seconded by Council Member Nacy, the minutes-ofthe Work Session of November 8, 2021, were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 1 I Page COUNCIL MEETING November 23, 2021 b. Regular Session Minutes of November 9. 2021 MOTION2021-212 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the minutes of the Regular Session of November 9, 2021, were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 6. ADOPTING THE MEETING AGENDA Council Member Steinberg requested item 13.a. —Motion to Rescind Resolution 2021-154 be removed from the agenda. MOTION2021-213 On a motion by Council Member Steinberg, seconded by Council Member Cummings, the following was proposed: To remove item 13.a. —Motion to Rescind Resolution 2021-154from the agenda. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Fox, Nacy Vote: 5-2 MOTION2021214 On a motion by Council Member Bagdasarian, seconded by Council Member Steinberg, the meeting agenda was moved for approval with item 13.a. —Motion to Rescind Resolution 2021-154 removed. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Fox, Nacy Vote: 5-2 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. Small Business Saturday Mayor Burk read the proclamation for Small Business Saturday. Mr. Andy Ghuzlan accepted the proclamation and made a few remarks. 2 I Page COUNCIL MEETING November 23, 2021 b. Recognizing the 100th Birthday of Katherine Burch Mayor Burk noted there was a proclamation on the agenda for Ms. Katherine Burch in celebration of her 100th birthday. Mayor Burk said she would be delivering the proclamation to Ms. Burch. c. Coldwell Banker Realty Anniversary Mayor Burk noted there was a proclamation on the agenda for Coldwell Bank for their 30 Year Business Anniversary in Leesburg and.10 Year Business Anniversary in downtown. Mayor Burk said she would be delivering the proclamation to them. 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS a. Mayor Burk reported on the Coalition of Loudoun Towns (COLT) meeting and the topic of discussion was the redistricting process. 11. PETITIONERS The Petitioner's Section was opened at 7:09 p.m. Mayor Burk noted there were a few emails to Council where the sender asked for the email to be read into the record. Instead of reading the emails, Mayor Burk asked the Clerk of Council to include them as part of the minutes as a courtesy to the senders. Antony "Tony" Fasolo, 314 Whitney Place NE, Leesburg. Spoke to Council in support of the vaccine mandate. R.J. Hall, 41640 Montacute Lane, Leesburg. Spoke to Council in opposition of the vaccine mandate. Jenny Hall, 212 Park Gate, Leesburg. Spoke to Council in opposition of the vaccine mandate. Keith Reeve, Leesburg. Spoke to Council in opposition of the vaccine mandate. Mr. Reeve urged Council to speak to the employees directly since they have been warned not to speak at Council meetings. Vincente Gonzalez, Leesburg. Spoke to Council regarding the Leesburg Mobile Park and asked Council to involve the members of the community whenever there is a meeting regarding the sale and potential redevelopment of the property. Erin Taylor, 12 Leesburg Mobile Park. Spoke to Council regarding the Leesburg Mobile Park and asked Council to change the language in the Legacy Leesburg Town Plan section 3.3.6 to address manufactured and affordable housing needs; create a text amendment to allow mobile homes as a permitted use in Leesburg; and, change the redevelopment concept sketch and maps in the Leesburg Legacy Town Plan and Crescent District Master Plan to include Leesburg Mobile Park. 3 I Page COUNCIL MEETING November 23, 2021 Jonathan Downie, 34 Leesburg Mobile Park. Spoke to Council regarding the Leesburg Mobile Park and asked Council if staff made a recommendation to the developer to create an outreach and information plan/strategy to keep residents of the Leesburg Mobile Park informed. If the recommendation was made, Mr. Downie asked staff to share the response. Mariana Gonzalez, 78 Leesburg Mobile Park. Spoke to Council regarding the Leesburg Mobile Park and asked Council if there were any scheduled meetings between Council and staff and Crescent Mobile Partners, Mr. Saeidi and his advisors. Jose Monroy, 79 Leesburg Mobile Park. Spoke to Council regarding the Leesburg Mobile Park and asked Council if a response has been received from Loudoun County regarding the Town's request to donate land in the Joint Land Management Area for use as a mobile home park. Mr. Monroy asked for the residents to be included in these discussions with the County. Mary Hope Worley. Ms. Worley's comments were moved to the Virginia Village Public Hearing comments. The Petitioner's Section was closed at 7:28 p.m. 12. APPROVAL OF THE CONSENT AGENDA Council Member Bagdasarian asked for item 12.d. —Town Council Meeting Calendar for Year 2022 be removed for discussion. Council Member Fox asked for item 12.e. —Town Manager's Employment Contract be removed to allow for a separate vote on the item. Council Member Steinberg asked for item 12.k. —Appointment to the Planning Commission be removed for discussion. MOTION2021-215 On a motion by Council Member Steinberg, seconded by Council Member Cummings, the following consent agenda was proposed with items 12.d. — Town Council Meeting Calendar for Year 2022; 12.e. — Town Manager's Employment Contract and item 12.k. —Appointment to the Planning Commission removed: a. Road De-icing Salt Contract Awards RESOLUTION2021-177 Awarding Fiscal Year 2022 Road De-icing Salt Contracts to Morton Salt, Inc. and Eastern Salt Company, Inc. b. Edwards Ferry Road NE Sidewalk Improvements Project RESOLUTION2021-178 Approving Change Order No. 7 for Design and Engineering Services on the Edwards Ferry Road NE Sidewalk Improvements Project in the amount of$2,560 and Authorizing the Town Manager to Execute Change Order No. 7 4 I Page COUNCIL MEETING November 23, 2021 c. Northern Virginia Transportation Authority Six-Year Program Fiscal Years 2022-2027 RESOLUTION2021-179 Application for Northern Virginia Transportation Authority Fiscal Year 2022-2027 Six-Year Program for the Route 15 Leesburg Bypass and Support for Loudoun County's Application for Route 7 Improvements between Route 9 and the Dulles Greenway f. Participation in Prosed National Opioid Settlement RESOLUTION2021-180 Approval of the Town's Participation, as a Town within Loudoun County, in the Proposed Settlement of Opioid-Related Claims against McKesson, Cardinal Health, Amerisourcebergen, Janssen, and their Related Corporate Entities, and for the Town Attorney to Execute Any Documents Necessary to Effectuate the Town's Participation in the Settlements g. Town Hall Art Exhibit by LCPS Art Students of Deborah Tripp RESOLUTION2021-181 Approval of Town Hall Art Exhibit by Loudoun County Public School Art Students of Deborah Tripp h. Motion to Approve Coldwell Realty Anniversary Proclamation MOTION I move to approve the Proclamation for the Coldwell Realty Anniversary to be proclaimed at the November 23, 2021, Town Council Meeting. i. Motion to Approve Proclamation for Katherine Burch MOTION I move to approve the Proclamation for Katherine Burch to be proclaimed at the November 23, 2021, Town Council Meeting. j. Appointment to Board of Zoning Appeals RESOLUTION2021-182 Recommending Appointment of Board of Zoning Appeals Appointee to the Circuit Court 1. Appointment to the Environmental Advisory Commission RESOLUTION2021-183 Appointing Leigh Anne Faugust to the Environmental Advisory Commission 5 I Page COUNCIL MEETING November 23, 2021 m. Removing a Tree Commissioner RESOLUTION2021-184 Removing Thomas Adams from the Tree Commission n. Mason Enterprise Center RESOLUTION2021-185 Directing Staff to Discontinue the Memorandum of Understanding with George Mason University for the Operation of the Mason Enterprise Center at the End of Fiscal Year 2022 and not to Renew the Current Town Lease of the Building Located at 202 Church Street o. Events Fee Waiver Policy RESOLUTION2021-186 Approval of Event Fee Waiver Policy and Adoption of Current Annual Waived Events The Consent Agenda was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg, and Mayor Burk Nay: None Vote: 7-0 p. Town Council Meeting Calendar for Year 2022 Council discussed the second set of meeting dates in November 2022 and decided to move this set of meetings from November 21/22 to November 28/29, 2022 to avoid a conflict with Thanksgiving week. MOTION2021-216 On a motion by Council Member Bagdasarian, seconded by Council Member Nacy, the following was proposed: RESOLUTION2021-187 Setting the Calendar Year 2022 Town Council Meeting Schedule and Authority to Reset the Day or Days to which a Regular Meeting shall be Continued in the Event of Indement Weather as amended The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 q. Approve Town Manager Compensation Council Member Fox said she pulled the item to allow for a separate vote on the item. 6 I Page COUNCIL MEETING November 23, 2021 MOTION2021-217 On a motion by Council Member Steinberg, seconded by Council Member Cummings, the following was proposed: To Approve a 4%Pay Increase for the Town Manager in Accordance with the Town Manager's Contract The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Fox, Nacy Vote: 5-2 r. Appointment to the Planning Commission Some members of Council expressed their opposition to the appointment. MOTION2021-218 On a motion by Council Member Nacy, seconded by Council Member Fox, the following was proposed: RESOLUTION2021-188 Appointing Nicholas Clemente to the Planning Commission The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy Nay: Vice Mayor Martinez, Steinberg and Mayor Burk Vote: 4-3 13. RESOLUTIONS /ORDINANCES / MOTIONS a. Motion to Rescind Resolution 2021-154 This item was removed from the agenda. 14. NEW BUSINESS a. None. 15. PUBLIC HEARINGS a. TLTA-2019-0001 Virginia Village b. TLZM-2019-0001 Virginia Village Rezoning c. TLSE-2020-0004 Virginia Village Floodplain Alteration All three Public Hearings were opened at 7:37 p.m. Mr. Brian Boucher presented Council with the Virginia Village Town Plan Amendment, the rezoning application and the floodplain alteration. Council and staff discussed the project. 7 I Page COUNCIL MEETING November 23, 2021 Mr. Andrew Painter with Walsh Colucci, gave a presentation on behalf of the applicant. Council discussed the application with Mr. Painter and Mr. Brian Cullen of Keane Enterprises. Public Speakers: Mary Hope Worley. Spoke to Council in support of the Virginia Village project. (Ms. Worley spoke during the Petitioners section.) Michelle Zgonc. Spoke to Council in support of the Virginia Village project. Peyton Herring. Spoke to Council in support of the Virginia Village project. Bruce Roberts. Spoke to Council in support of the Virginia Village project. Cheryl Settlemyer. Spoke to Council in support of the Virginia Village project. Dave Parker. Spoke to Council in support of the Virginia Village project. Steve Chapin. Spoke to Council in support of the Virginia Village project. Brian Ours. Spoke to Council in support of the Virginia Village project. Amber Becker. Spoke to Council in support of the Virginia Village project. Colleen Gustayson. Spoke to Council in support of the Virginia Village project. Robert Gordon. Spoke to Council in support of the Virginia Village project. Kate Gordon. Spoke to Council in support of the Virginia Village project. Don Ashbaugh. Spoke to Council in support of the Virginia Village project. Jeffrey Alcusky. Spoke to Council in support of the Virginia Village project. Peggy Tyree. Spoke to Council in support of the Virginia Village project. Greysi Vasquez. Spoke to Council in support of the Virginia Village project. David MacDonald. Spoke to Council in support of the Virginia Village project. Cheri Garvin. Spoke to Council in support of the Virginia Village project. Joan Rust. Spoke to Council on behalf of Carl Gustayson in support of the Virginia Village project. 8 I Page COUNCIL MEETING November 23, 2021 Keith Reeve. Spoke to Council as a resident and member of the Planning Commission and noted there were still five items to resolve before Council should support the Virginia Village project. Jim Sisely. Spoke to Council in support of the Virginia Village project. Ben Carpenter. Spoke to Council in support of the Virginia Village project. Mark Pillor. Spoke to Council in support of the Virginia Village project. Donna Torraca. Spoke to Council in support of the Virginia Village project. The Public Hearings were closed at 9:25 p.m. MOTION2021-219 On a motion by Council Member Bagdasarian, seconded by Council Member Steinberg, the following was proposed: To move all three Virginia Village agenda items: TLTA-2019-0001 Virginia Village; TLZM- 2019-0001 Virginia Village Rezoning;and, TLSE-2020-0004 Virginia Village Floodplain Alteration to the December 13, 2021, Work Session for further discussion. Council noted some items they wished to discuss in further detail at the Work Session: parking; traffic impacts—the transportation impact analysis and area impacts, particularly with other development that is underway in the area; phasing and bonding of park/open space amenities; and, school capital facilities proffers. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 16. UNFINISHED BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Bagdasarian disclosed he met with Mr. Dave Gregory to discuss the housing proposal and with Ms. Paula Sorrell to discuss the Mason Enterprise Center. Council Member Nacy disclosed she met with Mr. Brian Cullen and Ms. Sasha Brauer to discuss the Virginia Village project. Council Member Nacy requested that a Motion to Rescind Resolution 2021-154 be added to a future agenda. Ms. Nacy wished everyone a happy Thanksgiving and safe travels. 9 I Page COUNCIL MEETING November 23, 2021 Council Member Fox disclosed she exchanged emails with Ms. Sasha Brauer regarding the Virginia Village project. Council Member Fox expounded upon Ms. Nacy's request to add a Motion to Rescind Resolution 2021-154 adding that she would like to have it on the December 14, 2021, Council agenda. Council Member Fox asked about whether or not the Virginia Village application would have to go back to the Planning Commission if there were substantial changes to the proffers. Mr. Spera asked Ms. Fox to provide the list of proffer changes and that staff would investigate the proper course of action. Ms. Fox wished everyone a happy Thanksgiving. Council Member Steinberg disclosed he met with Mr. Brian Cullen with Keane Enterprises regarding the Virginia Village project. Mr. Steinberg wished everyone a happy Thanksgiving. Council Member Cummings disclosed he met with Mr. Brian Cullen with Keane Enterprises regarding the Virginia Village project. Mr. Cummings wished everyone a happy Thanksgiving. Vice Mayor Martinez disclosed he met with Mr. Brian Cullen with Keane Enterprises regarding the Virginia Village project. Mr. Martinez wished everyone a happy Thanksgiving. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk disclosed she met with Mr. Brian Cullen on the Virginia Village application. Mayor Burk thanked the second graders at Cool Springs Elementary School for inviting her to come talk to them about what it means to be the Mayor. Mayor Burk thanked the George Marshall International Foundation for holding their annual Veterans Day program. Mayor Burk said she attended the rededication of the World War I Memorial where they took the names of the African American soldiers and placed them in alphabetical order on the memorial along with all of the other soldiers. Mayor Burk attended the rededication of the Safeway store. Mayor Burk joined Supervisor Umstattd in giving the keys to the family for their Habitat for Humanity home. Mayor Burk met with the coalition of Mayors regarding the redistricting map. Mayor Burk thanked staff for a great Freeze Your Gizzard event. Mayor Burk attended the tree lighting at Village at Leesburg. She noted the event also raises money for Loudoun Hunger Relief. Mayor Burk welcomed the Primrose School to Leesburg which is a school that provides services from six- week-old children to kindergarteners. Mayor Burk said she was looking forward to the Morven Park light show beginning on November 26th and the December 5th Christmas Ice Show at Ion. Mayor Burk thanked everyone who came out to speak at both the petitioner section and at the public hearings and wished everyone a very happy Thanksgiving. 19. TOWN MANAGER COMMENTS a. None. 20. CLOSED SESSION b. None. 10 I Page COUNCIL MEETING November 23, 2021 21. ADJOURNMENT On a motion by Council Member Steinberg, seconded by Council Member Bagdasarian, the meeting was adjourned at 9:37 p.m. Kelly B rk, r Town of Leesburg ATTEST: (1,0e.ed:roed xa3Q Clerk of Council 2021 tcmin1123 1l l Page Eileen Boeing From: Winnie Evans <winnieevans©netscape.net> ent Tuesday, November 16, 2021 9:03 PM o: Council Subject: Motion to rescind 2021-154 Dear Mayor Burk and Town Council Members, I am very disappointed to learn that a motion was made to rescind Resolution 2021-154 COVID-19 Vaccination and Testing. It is imperative that we put the health of the community above the preferences of a few individuals. A Town employee's professional obligation is to serve the town. Increasing the risk of infection to the residents,employees and owners of local businesses,other Town employees,and visitors is NOT serving Leesburg. Please, don't put us at risk. Keep the Resolution for COVID-19 Vaccination and Testing in place. I ask that this email be read at the next Town Council meeting and be entered into public record. Thank you, Winifred Evans 322 Nickels Dr. SW Sent from my iPad 1 Eileen Boeing From: Karla McGovern <karla_mcgovern@yahoo.com> Sent: Monday, November 22,2021 12:37 PM o: Council Subject: Council Meeting Nov.23,2021 - Motion to Rescind Resolution 2021-154 Covid-19 Vaccination and Testing for Town Employees and Appointed Officials I understand that a motion has been made to rescind the resolution requiring town employees to be fully vaccinated for Covid-19 or undergo periodic testing. Please read my email at the November 23, 2021 Town Council Meeting and enter it into the public record. I am a Town of Leesburg resident, and I strongly oppose rescinding Resolution 2021-154. I believe that Resolution 2021-154 is critical to protecting the health and well being of town employees, town appointees, and the residents and businesses they serve. Vaccinating is our most effective technique for reducing the spread of Covid-19, as well as the severity of Covid-19 cases. The Covid- 19 vaccinations have been shown to be extremely safe. The resolution has adequate exceptions for individuals with health conditions and religious beliefs that prevent them from receiving the vaccine. Covid-19 is still spreading in and around our community. Furthermore, even if, at the moment, case numbers have declined, past experience with this pandemic has shown that the cases (and subsequent hospitalizations and deaths) tend to rise and fall in waves. The next wave could be just around the corner. For these reasons, it would be foolhardy to drop the Covid-19 vaccination requirement at this time. Thank you. aria McGovern I • November 23, 2021 —Town Council Meeting (Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It may not be entirely accurate. For greater accuracy,we encourage you to review the video of the meeting that is on the Town's Web site—www.leesburgva.gov or refer to the approved Council meeting minutes. Council meeting videos are retained for three calendar years after a meeting per Library of Virginia Records Retention guidelines.) Mayor Kelly Burk: I would like to call to order tonight's meeting of the November 23rd, Town Council meeting. If anyone in the room needs hearing assistance, please see the Clerk. Council Member Nacy will be doing the invocation and will be followed by me doing the pledge of allegiance, or salute to the flag. Ms. Nacy. Council Member Kari Nacy: Please join me in prayer. Father, thank you for every seat that has been filled here today. For each mind and heart that fills the presence of this room,we thank you. Only you truly know what we set out to accomplish today.We have an idea, a vision, hints, and daily instructions. We have talents, abilities, and time to work. However, only you can see in perfect detail the end of every beginning, every project, every season, every life. Nothing is ever in vain,for even mistakes and missteps can be used for good. Your righteousness transcends all our efforts and understanding. Forgive us for our pride, the pride that puffs us up, and the pride that threatens to unqualify us. Strengthen our confidence in who you have made us to be. Set us free from comparison in order to work together. Bless this meeting today, all those present, as well as the lives of those we will encounter afterward. Ready us to make every moment count. In Jesus name, Amen. Mayor Burk: Please join me in the pledge. All: I pledge allegiance to the Flag. [inaudible] Mayor Burk:At this point, I need to move to allow Vice Mayor Martinez to attend to November 23, 2021 Town Council meeting electronically via telephone as he is traveling out of the area and unable to physically attend the meeting. Do l have a second? Council Member Neil Steinberg: Second. Mayor Burk: Seconded by Council Member Steinberg.All in favor. Members:Aye. Mayor Burk: Opposed?All right,that passes 6-0-1. Mr. Martinez, you are now part of the meeting. Vice Mayor Fernando "Marty" Martinez: Thank you, Madam Mayor. Mayor Burk: I need a motion for the Work Session minutes of November 8th, 2021. Council Member Ara Bagdasarian: So moved. Mayor Burk: Council Member Bagdasarian? Council Member Nacy: Second. Mayor Burk: Seconded by Council Member Nacy.All in favor indicate by saying aye. Members:Aye. Mayor Burk: Opposed? Page 1 I November 23, 2021 Mayor Burk: Mr. Martinez, I didn't hear you. Vice Mayor Martinez: Aye. Mayor Burk: Then the regular session minute meetings of November 9th, 2021. Vice Mayor Martinez: So moved. Mayor Burk: So moved by Vice Mayor Martinez. Second? Council Member Steinberg: Second. Mayor Burk: By Council Member Steinberg.All in favor? Members:Aye. Mayor Burk: Opposed?That's 7-0. I need a motion to adopt the meeting agenda. Council Member Steinberg: Madam Mayor, I'd like to offer an amendment to the motion, please. Mayor Burk:All right. Council Member Steinberg: I'd like to offer that we delete item a. under number 13 resolutions and ordinances and motions. Mayor Burk:All right. You're taking off which one? I'm sorry. Council Member Steinberg: It's item a., Motion to Rescind Resolution 2021-154. Mayor Burk: 13.a., okay. Thank you. 13.a., do I have a second? Council Member Cummings: Second. Mayor Burk: Council Member Steinberg made the motion to remove 13.a. Council Member Cummings seconded.All in favor indicate by saying aye. Members:Aye. Mayor Burk: Opposed? Council Member Suzanne Fox: Nay. Council Member Nacy: Nay. Mayor Burk: That passes 5-2. The approval of the consent agenda. I need a motion. Oh, I'm sorry. I'm going ahead of myself. I'm sorry. I got ahead. Adopting of the meeting agenda. I need a motion as amended. Council Member Bagdasarian: So moved. Mayor Burk: Council Member Bagdasarian, seconded by Council Member Steinberg, all in favor indicate by saying aye. Members: Aye. Mayor Burk: Opposed? Council Member Fox: Nay. Page 2 I November 23,2021 Council Member Nacy: Nay. Mayor Burk: That's 5-2.We have no certificates of recognition, but we do have a proclamation today. The proclamation, let me get them out.We have the proclamation today is for Small Business Saturday. Let me read it. Small Business Saturday, November 27, 2021.Whereas the Town of Leesburg celebrates our small businesses and the contributions they make to our local economy and community, and whereas advocacy groups, as well as public and private organizations across the country have endorsed Saturday after Thanksgiving a Small Business Saturday.Whereas, 96% of the consumers who shop on Small Business Saturday agree that shopping at a small independently-owned business supports their commitment to making purchases that have a positive social, economic, and environmental impact. 97% of the consumers who shop on a Small Business Saturday agree that small businesses are essential to their community.Whereas, Leesburg supports all our local businesses that create jobs, boost our local economy and preserve our community. Whereas,we recognize Andy's,who is of Andy's Pizza,which is a small business in Leesburg.Andy's will be celebrating 33 years of businesses in Leesburg in February of 2022, consistently serving delicious food and a warm atmosphere. Therefore proclaimed, the Mayor and the Council of the Town of Leesburg in Virginia recognize November 27111, 2021 as Small Business Saturday, and urge the residents of our community and communities across the country to support small businesses and merchants on Small Business Saturday and throughout the year. Proclaimed this 23rd day of November. I will take this down to Mr. Ghuzlan, and can you come join me? [silence] Mayor Burk: Hello,Andy, how are you? [laughs]Would you mind joining me over here? I'm sure many of you frequent Andy's like I do. Andy Ghuzlan: I'm sure. Mayor Burk: Often, Andy will pull me aside and point out that he feels like sometimes the businesses that are not downtown are neglected, and so, I wanted to make sure to recognize you tonight- Andy Ghuzlan: Thank you. Mayor Burk: -and encourage everybody to come out on Small Business Saturday to do their shopping and to stop by Andy's and eat lots of pizza and have a good time, because Andy's is a well- known establishment that has been here forever.What?30-something years, I think I read- Andy Ghuzlan: 33. Mayor Burk:-33 years. It most certainly is a place that people love to meet and gather. It's close to my house, so I love it a lot. I want to give you this proclamation, but I'd also like to give you the opportunity to say a few words if you would like. Andy Ghuzlan: I'm good. Mayor Burk:You're good? Andy Ghuzlan: Yes. Mayor Burk: Okay. [laughter] Andy Ghuzlan: Thank you. Page 3 I November 23, 2021 Mayor Burk: You don't want to say, "Come to my restaurant?" Andy Ghuzlan: I thank you really. Mayor Burk: Okay. [laughs] Andy Ghuzlan: Thank you. Thank you to honorable members. Mayor Burk:All right, thank you very much. Andy Ghuzlan:All right, thank you. [applause] Mayor Burk: Take care. [laughs] Andy Ghuzlan: Thank you. [pause] Mayor Burk: Now, we do have two additional proclamations. One of them is for Katherine Burch,who is going to be celebrating her 100'h birthday and I will take that to her on Sunday. The other one is Co[dwell Banker,who is celebrating their 30th business anniversary in Leesburg, but their 10'h year in downtown Leesburg. I will take those proclamations to them also. All right,that then takes us to, anybody have any Regional Commission Reports?The only one I have is that the Coalition of Loudoun Mayors met. The County went over the redistricting maps that had been proposed and showed us how to use the tool to make our own maps. If you get the opportunity, it is really interesting. It's pretty easy to do, but it's fascinating to do the process of trying to move a boundary this much and see how much it changed population-wise and all that kind of stuff. It's going to be very interesting what they end up coming up with. Anybody else have anything? Okay,then that takes us to our Petitioner Section. Do we have the list, Ms. Boeing? While she's getting that, I will read this motion,well, not motion,this--The Town Council has received a number of emails on matters on this evening's agenda where the writers have requested that the email communicate be read into the record. There is neither a prescribed procedure nor a legal requirement for this, but as a courtesy to those making the request, I have instructed the Clerk to include all such communications as part of the minutes of this meeting. We will start with our first speaker tonight is Tony Fasolo, followed by R.J. Hall. Mr. Fasolo, you're the first speaker tonight. Tony Fasolo: [inaudible] Mayor Burk:Well, I'm sorry,with masks, it's hard, I know. [laughs] Tony Fasolo: Good evening Mayor and Members of the Town Council [inaudible]The reason I'm here tonight, I wanted to talk about the--it looks like something that's been removed--thank you. Looks like something has been removed from the--there was an action to rescind the order for the mandatory vaccine, so we're not going to talk about that anymore, or is that? I don't understand. Mayor Burk: I'm sure we'll be talking about it more, but not tonight. Tony Fasolo: Okay. All right.Well, I did prepare some comments, and I was going to ask that you not rescind it. That's reason I was here tonight. The policy is consistent with the Federal policy, as I Page 4 November 23,2021 understand it. All employees required to be vaccinated against COVID-19 unless excluded for medical or religious reasons. Failure to do so could be grounds for dismissal. It's also, as I understand it,with OSHA laws, Occupational Safety and Health Act, that you should have a safe work environment. I'm surprised, firstly, that the Police would not want to do that because they deal with the public every day, and I know that they are very concerned about the preserving the public and their welfare. In the Constitution, we talk about the common welfare. A lot of people,we do things in life, or we're told to do things in life sometimes that we may not agree with, but we have to do it. I'm thinking about my time when I was in high school,we had to get vaccinated against polio. I don't know how many people were crazy about it, but it worked and there was something--this is a safe vaccine, and I just don't understand why anybody would not want to do that. Some people say,well, it's a personal decision. It's a freedom, mention freedom, but today in a Washington Post it just happened, Eugene Robinson wrote,that anti vaccination people demand freedom, but they have it backwards. The vaccines can free us from the plague, if we let them. The unchecked virus only offers tyranny. I,just in closing, I just like to urge the Council to maintain the policy, and any employee who's still hesitant, listen to medical professionals, seek medical advice from your physician, and remember that you're here to serve the public, the common good, and I sincerely hope that everyone decides to get vaccinated. That's all I have to say. Thank you. Mayor Burk: Thank you. Thank you, Mr. Fasolo. I neglected to read the petitioner's instruction, so I'll do that now before Mr. Hall speaks. One of the first orders of business is to hear from the public.All members of the public are welcome to address the Council on any item, matter or issue. Please identify yourself, and if comfortable doing so, give your address for the tape to record.Any public speaker will be requested to state their name and spell it for the purpose of closed captioning. In the interest of fairness,we also ask that you observe the three-minute time limit. The green light on the timer will turn yellow at the end of two minutes, indicating that you have one minute remaining. At that time,we would appreciate your summing up and yielding the floor when the bell indicates your time has expired. Under the rules of order adopted by this Council, the three-minute time limit applies to all. The second speaker tonight is R.J. Hall, followed by Jenny Hall. R.J. Hall: Hi, I'm R.J. Hall, H-A-L-L. I reside at 41640 Montacute Lane in Leesburg. I spoke at the last meeting, during which the Town Council cowardly removed from the agenda Councilwoman Fox's motion to rescind the Town's coercive and unconstitutional vaccine mandate. It has taken the same cowardly position tonight. This is consistent with the Mayor's comments as conveyed by the Loudoun Times Mirror in which she indicated that the majority of the Council doesn't plan to re-examine the vaccine mandate anytime soon, and she is proud of that decision. These comments reveal the disdain with which a majority of the Town Council regard facts, science and data. They also indicate a disdain for'the little people'who are thrown out of their jobs, kicked out of their homes, or otherwisely affected adversely by this Council's fiats and decrees. Finally, these comments indicate abject disrespect for'little people'like me, who waste their time attending these meetings to provide input to your decision making. It reveals that this petitioner's period is nothing but a sham because the Mayor has indicated that the Council's mind is made up, truth and facts be damned. You act in similar fashion to that of the ruling aristocracy before the French revolution. That aristocracy paid a price for its arrogance, and I believe you will as well. Thank you. Mayor Burk: Thank you, Mr. Hall. Followed by Jenny Hall, who will be followed by Keith Reeve. Page 5 I November 23, 2021 Jenny Hall: Jenny Hall, J-E-N-N-Y H-A-L-L. I'd like to address the following quote that was in the Loudoun Times Mirror, November 12th, article about the vaccine mandate. "I'm very proud of the stand that the Council took on this decision." Mayor Burk, are you really proud of telling 100 or so employees that a drug is a condition of employment?You've stated it as a matter of public health. Let's define that. From the CDC website, public health is defined as the science and art of preventing disease, prolonging life, and promoting health through the organized efforts and informed choices of society, organizations, public and private communities and individuals. Two words to highlight, informed choice. Let me read to you a portion of the co-morbidity insert packet under warnings and precautions. Post-Marketing data demonstrate increased risk of Myocarditis and Pericarditis within seven days following the second dose. The observed risk is higher among males under 40 than among females and older males. The observed risk is highest in males, 12-17. Although some cases required intensive care support, available data from short-term follow-ups suggest most people have had resolution of symptoms. Information is not yet available about potential long-term sequela. Does this drug not warrant the informed choice of an individual as to whether or not they receive it? Does your determination outweigh that of the person receiving the drug? Unvaccinated or not, like ticks waiting to pounce on unsuspecting humans, ready to swap disease for blood,that's not how it works.You guys know that, and yet you're treating people as though that is the case. These vaccines do not prevent infection. I don't need to reference stats or studies. I can tell you about real life. If you ask me and there's many cases of that, Press Secretary of the United States of America. What will you do when the next bureaucrat redefines the term fully vaccinated? How will you handle the 77% of employees who you consider vaccinated now?Will you mandate the new booster drug for them? How often will you put their jobs at stake for a recurring jab? I hope you've read the Fifth Circuit Court of Appeal's stay on the OSHA mandate. I'm going to read one of the references cited within it. 'As Justice Gorsuch recently observed, society's interest in slowing the spread of COVID-19 cannot qualify as compelling forever,for if human nature and history teach anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency.' I will not stop holding you accountable for violating our freedoms. Rescind the mandate. Mayor Burk: Thank you, Ms. Hall. Followed by Keith Reeve,who will be followed by the Vicente Gonzalez. Keith Reeve: Good evening, ladies and gentlemen. Keith Reeve, K-E-I-T-H R-E-E-V-E residing at 890 Rhonda Place, Leesburg, Virginia. Once again, I am not happy to see that you rescinded the rescission all together, but I did want to share something with you. One of the reasons why you don't see more Town employees up here making any type of qualm against this vaccine mandate is because, due to internal issues, they have been warned that they will lose their job if they get up and speak. These are Town employees that have been warned that they will lose their job if they speak. Don't believe me? Go out and ask them. Go check out your employees, the ones that work in Leesburg. Thank you. Mayor Burk: Thank you very much, Mr. Reeve. Vicente Gonzalez,followed by Erin Taylor. Vicente Gonzalez: I hope you guys are well. My name is Vicente Gonzalez, V-I-C-E-N-T-E G-O-N-Z- A-L-E-Z. I'm a member of the Leesburg Mobile Home community. I'm going to represent a question we have. As the homeowners who are directly impacted by the sale and any redevelopment of the Leesburg Mobile Park,would deserve to be involved in any discussions that the Town or County has Page 6 I November 23,2021 concerning our future. Can you assure us that we will be included in these meetings, discussions about the future of our community?Thank you. Mayor Burk: Thank you. Thank you, Mr. Gonzalez. Erin Taylor, followed by Jonathan Downs. • Erin Taylor: Good evening. My name is Erin Taylor, E-R-I-N T-A-Y-L-O-R. My neighbors and I are homeowners in Leesburg Mobile Park, and tonight is the sixth Town Council meeting in a row that we have attended.We are here again to ask the Town Council Members for three things, to amend the proposed language to Strategy 3.3.6 in the Legacy Leesburg Town Plan,to create a text amendment that allows mobile homes as a permitted use in Leesburg, and to change the Town Plan in Crescent District Master Plan maps to include Leesburg Mobile Park. The proposed language to Section 3.3.6, the Town Plan to address the requirements of Section 15.2- 2223.5 of the State Code is insufficient and does not adequately address the needs of the homeowners of Leesburg Mobile Park, nor anyone else seeking affordable housing within Leesburg. It raises several questions. Besides the Leesburg Mobile Park,where else does manufactured housing exist in Leesburg? If existing affordable housing is in fact, "Lost as a result of redevelopment activities," how will the Town replace it with affordable housing? How does the Town define comparable price points?Where are the"other locations in Town for manufactured housing can be considered?" Secondly,we are asking that you would create a text amendment to allow mobile homes as a permitted use in Leesburg. There is not currently any zoning district that allows mobile homes anywhere in the Town ordinance. Leesburg Mobile Park has always been a legal nonconformity. If we are forced to move off of the property as a result of redevelopment due to the sale of Leesburg Mobile Park,there is nowhere else in Leesburg or likely anywhere else in Loudoun County that we can legally move our homes to, if our homes will survive being moved at all.We have invested tens of thousands of dollars and many years renovating the homes that we own, and cannot afford to lose such a valuable asset. Finally,we are also asking that you would change the redevelopment concept sketch and maps in the Legacy Leesburg Town Plan and the Crescent District Master Plan to include and clearly show Leesburg Mobile Park. There is no reason why a neighborhood that has existed peacefully without issue since at least 1957 should be erased. We are respectfully asking the Town Council to give a commitment to us that you will follow through on these three requests. Our goal and desire is to stay in the homes that we own on the current property.We're asking you to please help the residents of Leesburg Mobile Park by including and protecting us in your current and future plans. Displacing 75 working-class minority families in the name of gentrification would be an unconscionable travesty. Thank you for your time and attention. Mayor Burk: Thank you, Mrs. Taylor. Jonathan Downs,followed by Jose Monroy. Jonathan Downie: Yes, good evening. My name is Jonathan Downie, J-O-N-A-T-H-A-N D-O-W-N-I- E. I just got a question, real quick. In an email dated October 26, Susan Berry-Hill wrote, "One thing that I intend to bring up in the pre-application meeting is a recommendation that the applicant develops an outreach and information plan/strategy to keep residents of the Leesburg Mobile Home Park informed."We would like to inquire as to whether she made this recommendation, and if so, what response she received from Darius Saeidi or his advisor. Thank you. Mayor Burk:All right, thank you. Mariana Gonzalez. Is Mariana? Good. Mariana Gonzalez: Hi, my name is Mariana Gonzalez. Mayor Burk: Could you pull the mic down closer to you? Mariana Gonzalez:Yes. Page 7 I November 23, 2021 Mayor Burk: Thank you. Mariana Gonzalez: It's spelled M-A-R-I-A-N-A G-O-N-Z-A-L-E-Z.We would like to ask whether there has been any further communication between Leesburg Town Council Members, or staff, and Crescent Mobile Partners, Darius Saeidi and his advisors.Are there any upcoming meetings with the buyer schedule?Thank you. Mayor Burk: Thank you.Are there any other people that did not sign up that would like to speak at this time? Jose Monroy:Yes. Mayor Burk: Please give us your name and spell it for the record? Jose Monroy: Yes. My name is Jose Monroy, J-O-S-E, Monroy, M-O-N-R-O-Y. Okay, at the October 25th Work Session, the Town Council unanimously agreed to request the Loudoun County consider donating a parcel of land in the joint land management area for use as a mobile home park. On November 12, Mayor Burk sent a letter to chair Randall asking for the County's help,the County's help to work together on the issue facing Leesburg Mobile Home Park.What is the status of this request?What the County respond? Can the homeowners of Leesburg Mobile Home Park be involved in this discussions?Thank you for your time. Mayor Burk: All right, thank you. Is there anyone else that did not get a chance to speak that would like to speak?This lady is first, and then you. Mary Hope Worley: Mayor Burk, members of the Council. My name is Mary Hope Worley. Can you hear me? Mayor Burk:We can hear you. Mary Hope Worley: I'm here tonight in support of the redevelopment of Virginia Village.While I live on 5th Street now, I lived most of my life on Evergreen Mill Road.And this I feel I have grown up watching Virginia Village develop, as well as the many changes in our Town. I remember when there were only two banks and I had my tonsils out in the old Cornwall Hospital, and I had to spend the night in the hallway. I remember putting an order in, in Virginia Village, Sears store and wait a week to pick it up. Leesburg Pharmacy offered us many additional benefits from the changes.The submission that will come before the Council is in line with the Crescent District approved over 15 years ago. The developer, and Brian Cullen, have worked diligently with the Town staff, and have their approval to move forward the plan. I strongly feel it is time for this Council to approve the submission. I take pride in showing off Leesburg to out-of-town visitors, and for sure, the new remake of Virginia Village will be a highlight. The south entrance to our Town will send a message to potential businesses, as well as potential residents, that Leesburg is the place to be. Thank you for all of the hours you spend making Leesburg better. Mayor Burk: Thank you, Ms.Worley. Your comments, if it's okay with you, I will ask the Clerk to put your comments into the public hearing on the Virginia Village that's later. Instead of the petitioner section, she'll move your comments over in the minutes. Mary Hope Worley:Thank you. Mayor Burk: Thank you. Is there anyone else that would like to speak that didn't sign up at this point? Unidentified Speaker: Is this part of Virginia Village? Mayor Burk: No, this is the petitioner section. The public hearing will come in a few minutes. Page 8 I November 23,2021 If there's no one that hasn't signed up that wants to speak,then I will close this petitioner section, but I will ask the Town Manager. There were a couple of questions from members of the trailer park development,we will answer those questions and send those-- Kaj Dentler: Correct[unintelligible] Mayor Burk: Thank you. Sorry,there's a lot of papers in there. Next is the approval of the consent agenda. I will read the items, and then I will ask if anybody wants anything removed, and then ask for a motion. The 12A is the Road Deicing Salt Contract Award. 12B is Edwards Ferry Road, Northeast Sidewalk Improvement Project. C is Northern Virginia Transportation Authority Six-Year Program Fiscal Year 2022 to 2027. D is the Town Council Meeting Calendar for the Year 2022. E is the Town Manager's Employment Contract. F is Participation in the Proposed National Opioid Settlement. G is the Town Hall Art Exhibit by Loudoun County Public School Art Students of Deborah Tripp. H is the Motion to Approve the Coldwell Realty Anniversary Proclamation. I is the Motion to Approve the Proclamation for Katherine Birch. J is Appointment to the Board of Zoning Appeals. K is the Appointment to the Planning Commission. L is the Appointment to the Environmental Advisory Commission. M is the Removing of a Tree Commissioner. N is the Mason Enterprise Center. 0 is the Event Fee Policy Waiver. Is there any items that anybody wants removed? Council Member Fox: Yes, Madam Mayor, I'd like to remove item 12E, please. Mayor Burk: 12E.All right. Okay, is there any other ones. Mr. Bagdasarian? Council Member Bagdasarian: Oh, yes. I'm trying to find the calendar for next year. I'd like to request a change to the November. Mayor Burk: Just not yet, let me find out which one you're talking about. 12D,the Council Calendar. That's Mr. Bagdasarian. Council Member Steinberg: I'd like to pull item K, please. Mayor Burk: Item K.All right. That's Steinberg. All right. We will be voting on, I will ask for a motion on A, B, C, F, G, H, I, J, L M, N, and O. Do I have a motion? Council Member Steinberg: So moved. Mayor Burk: So moved by Mr. Steinberg. Second? Seconded by Mr. Cummings.All in favor indicate by saying aye. Members:Aye. Mayor Burk: Opposed?That's 7-0. Okay. The first item is D. The Town Council Meeting Calendar for the Year 2022. Mr. Bagdasarian, you pull this? Council Member Bagdasarian:Yes, I'd like to move the November 21st meeting to the following week. It's the week of Thanksgiving. I know everyone is thrilled to be here. The week of Thanksgiving, it's a time for family. I have my nephew and niece here from Los Angeles. Hey guys. Mayor Burk: They're just having a wonderful time there. Council Member Bagdasarian: They could have been in DC at a theater event tonight. Mayor Burk: You are proposing that there be a change in the calendar to what meeting, to what meeting? Council Member Bagdasarian: The November 21st meeting. Page 9 I November 23, 2021 Mayor Burk: The November 21st meeting? Council Member Bagdasarian: Yes. Move that to, let's see here, November 28th,the week following. The 28th and 29th of November. Mayor Burk: What is it 21st? Monday or Tuesday? Council Member Bagdasarian: That is a Monday. The Monday and Tuesday, the Work Session and Town Council meeting. Mayor Burk: Okay, so the 20th and 21st and the 22nd? Council Member Bagdasarian: Correct. Mayor Burk: And the 28th and the 29th? Council Member Bagdasarian:Yes. Mayor Burk: I do not have a calendar in front of me. Are they correct?Okay, I'm not going to doubt you.You are changing the calendar from the 21st to the 22nd,to the 28th to the 29th. Council Member Bagdasarian: Correct. Mayor Burk:All right.Are you going to move that? Council Member Bagdasarian: Yes. I'd like to move that we change the meeting dates from the 21st to the 22nd of November, to the 28th and 29th of November 2022. Mayor Burk: Okay, Council Member Bagdasarian, how about if you make the motion to accept the Town Council calendar for 2022 with the change of the 21st to 22nd, to the 28th to 29th. Council Member Bagdasarian: Okay, so I make a motion to accept the Town Council meeting calendar for the year 2022,with the exception of moving the November 21st and 22nd meetings, to the 28th and 29th of November 2022. Mayor Burk: Okay, so you move that. Is there a second still? Council Member Nacy: Second. Mayor Burk: Okay, Council Member Nacy.All right. Any problems with that? Okay. All in favor indicate by saying aye. Members:Aye. Mayor Burk: Okay,that passes 7-0.All right. Miss Fox, you brought out the Town Manager's employment contract? Council Member Fox:Yes. I just wanted to pull it,thank you. Mayor Burk: Did you have something you wanted on it? Council Member Fox: I don't agree with the motion. I want to go ahead and pull that, and I don't want to put it under consent. I'd rather have a vote on it. Mayor Burk:All right. Then we need a motion to approve the Town Manager's employment contract. Council Member Steinberg: So moved. Mayor Burk: Moved by Council Member Steinberg. Second? Page 10 1 November 23, 2021 Council Member Cummings: Second. Mayor Burk: By Council Member Cummings.All in favor indicate by saying aye. Members:Aye. Mayor Burk: Opposed? Members: Nay. Mayor Burk: Okay,that's 5-2.All right, the next one. I didn't ask them, sorry. Miss Fox and Miss Nacy, did you have anything you wanted to say in regard to this? No. All right. The next one is the Appointment of Planning Commissioner, K.You pulled that one, Mr. Steinberg? Council Member Steinberg: Yes, Madam Mayor, and I don't expect any changes in this, I just wanted to offer a brief statement, and I realized that this is unusual. It's not in any way an indication of my lack of esteem or respect for my fellow Council Members, and I know generally these appointments are considered to be pro forma. I suppose that's as it should be, but I can't support this particular appointment. In my opinion,this individual has misrepresented himself and subsequently verbally attacked the personal integrity of several members of Council when he did not get his way. Now, all that is his prerogative, as it is mine to withhold support for his appointment. Mayor Burk: Is there anyone else that has anything to say at this point? Mr. Martinez? Vice Mayor Martinez: I agree with Council Member Steinberg. Mayor Burk: I can't hear you, I'm sorry. Vice Mayor Martinez: I agree with Council Member Steinberg. Thank you. Mayor Burk: Did you get that? I don't know what he approved there. I would like to go on the record as opposing this appointment to the Planning Commission. In 20 years of service to the Council and this Town, I do not remember challenging a Council Member's selection of an appointment to any commission, but this one I feel compelled to do so. From past actions, both in public and private,this appointee has demonstrated he does not have the temperament, the judgment or the integrity to be appointed to this position, so therefore, I will oppose his appointment. All in favor of the appointment to the Planning Commission. Excuse me, I need a motion to the appointment to the Planning Commission. Council Member Nacy. Second? Is there a second? Council Member Fox: Second. Mayor Burk: Council Member Fox. All in favor indicate by saying aye. Members: Aye. Mayor Burk: Opposed. Nay. Members: Nay. Mayor Burk: That's a 4-3. That takes us to resolutions and ordinances. That's gone,that's done. That takes us to our public hearing. Now you'll get your turn to speak. Page 11 I November 23, 2021 Our public hearing, all three, TLTA 2019-0001, Virginia Village Town Plan Amendment, TLZM 2019- 0001,Virginia Village Rezoning, and TLSE-2020-0004 Virginia Village Floodplain Alteration. I call to order these November 23rd, 2021 public hearings of the Leesburg Town Council. Unless there is an objection, I will dispense with the reading of the advertisements. If you wish to speak at any of these three hearings,we ask that you to either sign up on one of the sheets in the hallway outside of the Council Chambers, but if you did not get the opportunity to sign up,we will give you the opportunity to speak. In the interest of fairness,we also ask that you to observe the five-minute time limit. The green line in front of you will turn yellow at the end of four minutes indicating that you have one minute remaining. At that time,we would appreciate your summing up and yielding the floor when the bell indicates your time has expired. Under the rules of orders adopted by this Council, the five-minute time limit applies to all citizens. However, rather than have numerous citizens present remarks on behalf of a group,the Council will allow a spokesperson for a group a few extra minutes. In that instance, we would ask the speakers, when they sign up,to indicate their status as the spokesperson and the group they represent in the request for additional time. Our procedure for the public hearing is as follows. First,there is a presentation by staff on all three items, and staff has asked for an additional 20 minutes, so they will have 30 minutes in total to present all three. Second, there will be a brief presentation by the applicant, 10 minutes. Then,third,the members of the public that have signed up to speak will be called and given three minutes to make their comments. The public hearing items on the agenda tonight are for TLTA-2019-0001 Virginia Village Town Plan Amendment, TLZM 2019-0001 Virginia Village Rezoning, and TLSE 2020-0004, Virginia Village Flood Plain Alterations. Mr. Boucher. Brian Boucher: Madam Mayor, Member of Councils, you just said what we've got here tonight, it's public hearings for three items, a Town Plan amendment, a rezoning, and a special exception. I'm going to go through each one of the three, so buckle up,this will take a few minutes. Subject property,just to orient everybody,what you see here is the proposed area for this rezoning. There's seven parcels, one of them is undeveloped; it's at the top of the screen in red just at the end of Madison Court, and the other six comprise the Virginia Village Shopping Center. Now,what's around it,just to get some context,to the north of the site, you've got various types of residential uses, duplexes, single-family detached and multifamily, and generally to the south of the site and the west, you've got commercial uses.When you go to the east, it bounds Harrison Street, and across it,that is, of course, the Crescent Place development. Now, first thing we're going to talk about is a Town Plan Amendment, and out of these 18 or so acres, they wanted to do a Town Plan Amendment on a portion of it, and this is the site, it's the northernmost portion at the end of Madison Court. Then you see, they want to do a couple of things here in change three maps.There's a Crescent District land use policy map, and what the applicants requesting to do is add 2.67 acres to this map, and to show it as residential. It's currently designated as downtown on our planned land use policy map.What downtown means is you could have commercial or residential, you could ask for that rezoning. They want to make it residential only. Now,they also want to take on the Crescent District map. They want to take something that's already on there and change it from mixed-use to residential alone.Why do they want to do this?There's an associated rezoning that has townhouses and stack townhouses or two over two zonings. This is really the land that involves those uses. Page 12 1 November 23,2021 Now,when you're in the Crescent Design District,there are several maps. There's a building heights policy map, and they're asking to amend that to edit this land as the additional stories by rezoning category.What that means is you normally get three stories, by rezoning you can get four or more. Then finally, it's the future streets policy map. They want to revise the map to show a connection from Madison Court,which is currently a cul-de-sac connecting through the property to Fairfax Street. You're creating more of a grid pattern. Then there are approval criteria for a Town Plan amendment that are in the ordinance that you have to look like. These are things that the Council should also consider. Staff looking at them,well, I'll go to the first one, how the amendment better realizes a Town Plan goal or objective, that is, does it provide a more compatible end use pattern, better transition between land uses? Staff believes that it does for several reasons. One, you remove the possibility of commercial uses here up in that area that is surrounded by residential uses. This would make the end of the Town Plan,the only use you'd have is residential. By putting in the Crescent Design District, the architectural and site design controls are the most stringent that we have in the Town. You get a more strict control over what the streets look like et cetera and also they're going to connect Madison Court, which was something that was talked about years ago when the Crescent District Master Plan was discussed but did not get achieved. Those are pretty major goals. There are other things that it does,but I'll go on and just tell you the Planning Commission after the discussion on this recommended approval at their November 4th, 2021 meeting by a 5-0-1. Staff also concurred. I've got staff findings, and again,the most important thing is that furthers the overall Town Plan transportation policies by providing Madison Court extension, and then you get the broader sidewalks as part of the Crescent Design District pedestrian-oriented street design. Big difference between the streets in the Crescent Design District and the rest of the Town. They're much wider, and we have wider tree panels that are required. I have suggested motions here. I won't go through all of them because we're going to go through the other two as well, but I will just mention that the staffs preference here, although we support the application,that we would recommend that you move this along with the other two to a Work Session for consideration of any questions, answers any questions or outstanding issues you might identify. Looking at this, so I can get through those now going to the rezoning. Rezoning totals 18.5 acres. If you look over, I think what's important is you're going to end up with two zoning districts should be approved. One is the Crescent District CD-RH. It's Crescent District Residential High Density. In this case, you'd get about 16.7 units per acre. That's the townhouses and two over twos.Then the rest of the site is CD-CC, that's Crescent District Corridor Commercial, and that's really going to have your commercial and your multifamily uses. It's about 13.64 acres. The density,we take out floodplain,we don't count that in.When you do that, because there are just two and a half acres of the floodplain on the site, you get a net density in the CD-CC district of about 53 units per acre, 24 units are allowed by right in the CD-CC. Existing zoning, again, looking to the north, it's R 22. That allows 22 units per acre,that's the red, and then CR6, 6 units per acre. Then everything else that's directly adjacent to is actually in the Crescent Design District.Again,the plan land use map, if you look to the right,that's our planned land use policy map, and it's shown as a downtown. Downtown is basically you can ask for anything as long as compatible with what's around it.What they're asking for, looking over to the right, they have a designation now for a portion of this property, that's already in the Crescent Design District. It's mixed use and commercial mixed use and open space. They want to add an area proposed as residential, not shown in the pink there on the map. Getting to the rezoning and looking at the proposal itself. It's 99 sheets. For those of you who've been doing this,that's an awful lot of sheets in a concept plan. I think the most I've had in my career up to this point was about 30. Why are there so many in this? It's because of the Crescent Design District requires a lot of certainty, a lot of certitude.When something gets approved, how are you going to Page 13 I November 23, 2021 build it?What's it going to look like? It gives staff very clear guidance, Zoning Administrator as to what's required. Got a lot of sheets, but the community itself, looking at the plan first, you got the concept plan and you'll see there's an area that says Town Plan amendment area.We just talked about that.That's the townhouses and the two over twos. Then over to the right, you'll see an area in circle that says special exception floodplain area. We'll talk about that in a minute, but that's because they want to, they propose a bridge across Town Branch. In order to do that, you're going to have to put some footings in the floodplain.All of that land over there is floodplain, pretty much in the green. There are also a total of 643 residential units proposed. That's 53 townhouses, 28 two over twos, and 562 multifamily building--multi-family units. They are spread in three buildings, buildings A, building E, and building D. That's where your multifamily units are. They're proposing 165,800 square feet of commercial uses. That includes a 100,800 square feet of office use, and 65,000 square feet of retail and other uses. Those will be in building A. Building E, those are mixed use buildings. You've got residential with a commercial on the ground floor. Then you've got building B,which is entirely commercial, and building C,which is entirely commercial. Also, there's 32 modifications. That looks like a really great number and a little alarming.What are they trying to do? I'll talk a little bit about that. It was perhaps not as alarming as it seems. The concept plan, the red arrows show you access into and out of the site. Biggest change is I think they've got the high street that they're proposing in the center lower part of the concept plan, and then of course the connection you'd have up to Madison Court. Otherwise, Fairfax Street,we go from North King Street around to Catoctin Circle. The mixed-use portion of the property is buildings, A B, C, D, and E, and there's a little building F. There are amenity spaces spread throughout the project. There's actually four that we will consider major, and I'll talk about them shortly. Pedestrian access, again, they have the over wide sidewalks and tree panels that are characteristic, expressive design district. Ultimately,they would have a pedestrian bridge across Town Branch that would hook up with Harrison Street for easier access for folks who live here into the traditional downtown of Leesburg. I want to just take it apart a little bit, again,to give you a sense of what this is. The townhouses, if you look at the sick yellow, light yellow color up at the top of the page, 53 townhouses,they're garage parked side by side, they're accessed by alleys behind them. The building's actually front out. Nobody's looking at the alley that the building's actually front out away. If you look at on the west side, next to the H1 district, is people who live there will look and see the fronts of these units, not the side or rears of the townhouses. They also have on-street parking on Madison Court in front of the townhouses as you come down at.A characteristic of the Crescent Design District, you have parallel parking along the streets. The building heights, a maximum of 49.5 feet here. That's as tall as they can be. They're proposing four story townhouses, and they're in phase one of the development. One of the first things you could expect to see built. In the slightly off yellow,just below the red star, is where the stack townhouses are. In the center is what they call the central green.Again, they have one garage space and one driveway space for each of these units. There's on-street parking along the green and in front of these units, again, 49.5 feet is the maximum height. Again, in phase one, if you look at the bottom, I have reversed it here, the townhouses are on the right, in the picture, and on the left, you see what's proposed for the two over twos. One thing to point out, it doesn't show up very well here, but when you have a stick of townhouses stack-down as the Crescent Design you've got to have at least three different designs. You've got to have differentiations in color, and you have to have some difference. Here you have some arch windows, some have more prominent porch features or bay windows,just[unintelligible] of the ordinance. I want to go through building A,which is a mixed-use building. One of the larger buildings, you see it's 224 multifamily units. It's also got 25,500 square feet of commercial on the ground floor facing mostly what's called High street, at the center of the property. You've also got 472 parking spaces in an internal parking Page 14 I November 23, 2021 garage. Remember,the Crescent Design District desires wrapped parking garages so that you don't really see much of them. This one is over 90%wrapped. The total area is around 260,000 square feet,five floors. I've got a maximum height at 70. It works out that they're actually buildings probably less than that in the 60s, perhaps as low as 61.What they've got is a maximum potential site is 70. Again, this is in phase one of the development as well. I'm going to go to building B,take them by building number. Building B is entirely commercial, it's approximately 68,000 square feet as you can see. It's got its own parking structure, approximately 175 parking spaces. Floors three, again, I've got maximum building height, 70, but if you scale-out, it's not. It's just what's on the concept plan the maximum could be, and it's in phase 2C. It's the last phase of the development, I'll talk about that. Building C as you go around is another all commercial building, 47,500 square feet, three floors. That high I can tell you is 56 feet maximum, and it's in phase 2B of the project. Building D.This is an all residential building. It's a condo, it's proposed to be condos. It only has 72 multifamily units in it. There are a larger-a lot of two bedrooms. It's got three bedrooms. It also has a parking structure internal to it, and that's 178 spaces, and its highest point will be five floors and some points it's four floors or three floors. Again, it says 70, but you actually scaled out it's less than that. Again, in phase 2B, and these are just, as you've seen in all these slides elevations that are actually in the plan, that the applicant will be held to from a substantial conformance standpoint. Building E is the largest building proposed on the site. It's mixed-use again, you got 266 multifamily units, 22,500 square feet on the ground floor facing High Street,which is the street between buildings A and E, 510 parking spaces in the garage, almost 300,000 square feet at its tallest point, it's six floors. I know it's hard for folks to see, but the six floors, if you look at the illustration below, it's on the right side. The illustration you'll see there at six stories.As you move to the left, you'll see that the building drops to five stories. Mayor Burk: Before you switch off that, is the light building on the top? Is that what's actually being proposed? I'm not sure what that's about. Brian Boucher: These are both the same building, so it's just a different view of the building. Yes, it's the architecture of the building just drawn a different way and just from a different angle. Mayor Burk: The bottom's very flat. Brian Boucher: I think the buildings aren't flat, you get a better sense in the drawing up there, and it's required by ordinance that they've got to break up those[crosstalk]. Mayor Burk: I am not sure what the purpose of that was. Ok. Brian Boucher: Then in the smallest building, this proposes building up, it's a little commercial building. It's about 1,500 square feet, and it's the top of what they're going to call the High Street Park. Again, it's to get some scale, it's a small commercial building, and again, a story and a half about 25 feet. We talked about modifications and said there were a lot of them, you see that number, and it's a bit alarming, but actually originally there was one time 48 modifications. 16 of them went away either through redesign or ordinance changes or zoning interpretation. It left with 32. There's a sheet that actually shows where the modifications are, sheets 1102. If you divide them by topic, as I've done there, you see that most deal with architecture or building height. To get that building at less than two stories, you had to ask for modification by ordinance. To get six stories on a building, you don't increase the height, you can't get above 70. There's no way to do that,this ordinance, but to get instead of five stories, to get six, you have to ask for modification. A lot of the other ones that are architecture deal with windows transparency,just how much window coverage there is on the upper stories. Staff recommends approval of all of them, but there were three that the Planning Commission, based on their decision,would not support. I will talk about those Page 15 I November 23,2021 shortly. They deal with a density increase. They deal with reducing the commercial square footage, and also with multifamily parking. Let's go right to that parking. It's the modification number 47. I know you all had an attachment with like 50 pages in it. I don't expect you to have looked at that.That was dealing with these modifications, but we'll talk about it now. If you look at residential parking,the townhouses and stacked townhouses meet the parking requirement. Nobody's asking for modification to that,where the modification comes in is on the multifamily. What they would need if the modification were granted is 858 spaces for the multifamily.You see the other totals for the stacked townhouses,they're actually proposing 859. Understand that this has to be designated and parked. When you have multifamily, if there was one space required for you and it has to be designated for residential, it cannot be used for commercial. In any case,that stuff is off the table for commercial use. Speaking of commercial parking,they're using—our Town Ordinance has a shared parking type that uses time of day factors.What that does is it reduces commercial parking on the understanding that when you have a place that's mixed-use, some people come and will use two different businesses, you don't need a space for each one. Also, during different times a day different uses have different peak hours, so you don't necessarily need the parking. It's a way to maximize the parking that you have,the efficiency of it without creating unnecessary parking. They have scenarios in the plan itself. They showed it different because'what they're doing here is providing a certain amount of parking, and they have the ability to change. You could have a certain amount of restaurant that could change. You could change to office or retail. What they did is present scenarios on that sheet to show that even in some really extreme case scenarios where you have a lot of restaurant, and what we call fast-food restaurants, no though drive- throughs but carry out that they provide enough parking under the standard. Total about 1,599 spaces provided overall. 1,469 are in garages either in the townhouse, stack townhouses, or these big park garages. They got 130 on the street 6,042 are for offsite parking for the townhouse and two over twos. You got 60 that are around the larger mixed-use buildings. This is a chart that just shows you the difference.Without the modification using the standard we use everywhere in Town,they would need 935 parking spaces. The difference is 280 spaces, it's a 30% decrease and what I'll call the suburban parking standard that we use.What they have asked is to use the parking standard that now exists in the B1 district that's right in the heart of downtown here. The argument has been that they're proposing something that is more urban in nature, and you've got a lot of one-bedroom apartments. What you're going to get is a lot of young professionals, and also people living in a more urban area will have a different expectation of your parking possibilities. Staff was satisfied that despite what seems a very large reduction, that this will work. One of the things that I think is convincing, again, they have 60 spaces out and around these buildings that can be used at night. If somebody has an additional car,just have to get out at a certain time. Also, the applicant has said that they'll have a system where they'll have a lot of commercial parking that's empty at night and that there might be a pass system where people can park in there. It's kind of like our garage, you just need to get out at a certain time period. Hopefully between those, you won't really have much impact off-site despite this reduction in the parking for this particular development. Going real quickly to landscaping,they meet or exceed all standards. They have one little modification but the way they do that they're putting access to Madison Court. The people of Madison House can walk up, get into this development better than they can today. Streetscapes again,this is just some typical streetscapes, you have wider sidewalks here. You have a tree panel and you have what we call the building frontage zone that buildings a little bit farther behind so what you get is much, much wider streets in the Town both in the residential and the commercial areas. Commercial area, the minimum sidewalk is nine feet. Stormwater management, I'll just talk about this. This site was developed before we really had the requirements so there's no quality control coming off the site and it's mostly developed other than this 2.67 acres and there's not really good quantity control.What they do will have to meet all current State, Federal and Town standards, including the creation of quality control measures. They'll actually clean up the water that's going off the site which Page 16 1 November 23, 2021 isn't happening at the present time. How they will handle a lot of the water instead of building ponds, they're actually going to have underground detention facilities. Of course, that'll be subject to agreements, conditions, and also Escrow funds upfront for future maintenance of the underground facilities. Amenity spaces,they have a number of them. This just shows you one, this is Ours Overlook,their sheets and the concept plan like this also shows the proposed bridge over on the right.What those little numbers mean are those are things that are required. There are certain things like shade structures, splash pad, et cetera, that they're going to have to supply when they build this if they build it or are allowed to build this in the future. This just gives you some ideas of what it'll look like.Again, the amenity spaces, there's Ours Overlook what they call an Entry Park.There's the Common Green that's over by the townhouses and there's the High Street Park. Important to mention that the applicant and the proffers he'll bond these, particularly the Ours Overlook the bridge that. He's actually going to bond it when he gets into his phase two.What that means is we're going to look at how much we think this will cost and he's going to set up money, give it to the Town that says, if I don't build this in a certain time, you guys can go and do it. As long as he maintains the bond, if you know finance, having a bunch of millions of dollars in bonds out there hinders you getting loans for other things. He does that, I think, is it trying to be an incentive to show that he's serious about building out the project. Those amenities spaces, a big concern for the commission and staff at one point in time was delivery of these items.When did they come along? This tells you when they come. I think the ones that are most concerning was the Ours Overlook and the Town Branch Park. You can see that they come at 607 dwelling units which is 94% of the dwelling units on site. This was very concerning to staff but negotiating with the applicant, they've done a couple of things that we think if they modified this and made it certain that they will build out the project. One is they have a Temporary Park which the building B is that's just there until Ours Overlook comes online. There'll be some additional space for folks on-site to be until that gets built. They also are proffering private amenity spaces. If you look at the buildings like building A and building B, you can see what looked like cutouts. Well, these are internal spaces of the building which will be fitted out that are used exclusively to the people in the building. They'll also put in things like fitness rooms, media rooms.You'll see that in the proffer, they have a proffer where they said six things they will do and describe them. Do at least three of each of those in each building. That satisfied us that people will have things to do on-site, even without those major amenities there and the bonding. That's what swayed staff. Again,they do submit proffers. They cover a lot of things. They create a property owners association which will be responsible for the maintenance of things. Then they touch on many other things and I'll walk through these. There's a table sitting at the bottom which is the summary of proffer cash contributions which is about 4.3 million when you add it up between offsite transportation contribution,fire and rescue, and school capital facilities contribution. Let's talk about transportation. They have a traffic impact analysis that's been approved by staff and VDOT,. Studied all the intersections. They will meet a level of service at build-out. There were improvements needed to Catoctin Circle. They are proposing to build those.Then again,the offsite transportation contribution suggested by staff for them under the formula on the Town Plan was a little over half a million, and they have proffered to contribute that. School impacts. It'll generate approximately 200 students. Remember that the County doesn't look at the difference between if it's a one-bedroom unit or a three-bedroom unit. They assign them all the same. They estimate 200 students.Again, the contribution which they're proffering a school capital contribution would be 3.7 million roughly. I want to note one thing. The question had been asked, does the County when they gave this to us, did they project into the future,the schools, and the capacities in the area?They did. The only school that would go overcapacity is Loudoun County High School. That was like at 105% in 24, 25 school year. Both Tuscarora and Heritage High School Page 17 I November 23, 2021 around the 80% mark estimated at that time, even taking into consideration this development or other ones that were going on. Affordable dwelling units are required by ordinance they're supplying, here-it's 33. Four will be in the townhouse area. 29 will be in the multi-family area. Farmer's Market was a big issue for a lot of folks. The applicant is trying to keep it on site. I think he believes it'll be fiscally positive for whatever he builds there. He's also got in the concept plan just a layout of where it would be. It'd be a combination of Ours Overlook and High Street when the project is ultimately built out. They did a fiscal impact analysis that shows that the project is-- The Council had asked to update what we did get more realistic requirements in our fiscal impact analysis. That's what was used. They submitted a new one just on September 9, staff reviewed it and agrees with the conclusions. That conclusion is that they'll generate$734,000 a year to the Town which is a little over half a million more than it's generated today. The residential portion of the project to build out just the residential portion would generate$147,000 to the net positive. The commercial portion generates the balance of that. Again, phasing,we talked a little bit about it, there are your phases. The biggest concern has always been commercial. How much commercial do we get when this builds out, and when the residential is built out, and when the amenities come online. I'll say one thing about the commercial,this was a big change they made recently when we're at the Planning Commission,we wanted to make sure they build the last phase. The residential, they get 94% of the units all the way--They have building D. Building D, in phase two, B is their last residential building. When they build the whole building, and then they start asking for occupancy permits when they get to 36 in there at that point,we stop. We won't give him any more occupancy permits under proffers unless they have building C built and outfitted ready for commercial use, Ours Overlook constructed and the pedestrian bridge constructed. You go,why would you stop it in the middle of a building. They built the building. They have real incentive to want to fill up that building particular because it's their condo building their bigger units, et cetera. I think it might be the jewel in their project. We think they have every incentive to get it done, to get those other things done so that they can maximize their profit in the commercial buildings, and then ends up at 52%.When they get the 94% residential,they have to have 52% of the commercial, built and ready to occupy. That's a much higher ratio than we hit in other things that we've done in the past in Town. That's not saying what we did in the past was good but we think under the circumstances here in the overall positive fiscal impact the application,that's pretty good.What's lacking, it's building B, phase two C here that's not tied to the residential. That could be, come on later but we'll get at least over half the residential before they build out commercial. This is just a structure plan showing once they build the first phase, you're going to take down the buildings of the second phase. It shows you where the temporary park is, and where their setup would be as they're building, building E, and moving into the next phases. Real quick architecture. They meet the Town requirements with modifications, but they're mostly masonry buildings, no vinyl siding anywhere in here. It's all high-quality materials. We have rezoning approval criteria that you must apply. There's five of them, staff thinks they meet them.Won't walk through all of them but ones compliance with a Town Plan, do they mitigate the traffic impacts? They're compatible with surrounding uses. Do they provide adequate public facilities? We think they meet that test here. The Crescent Design District has its own approval criteria. It can't just do those.There's one and this is modification number 32 and the Planning Commission took issue with this. There's eight criteria that you need to meet. They're described in the ordinance, you can see the innovative design, public facilities, et cetera. Staff believes they need six of them, and that they don't need two. The Planning Commission felt that they didn't meet more than two but I can't tell exactly which ones those are but staff felt that based on everything that's proffered, that they have complied. Another thing you have to comply within the Crescent District, its performance standards. This is the other modification that the Planning Commission didn't think they had quite achieved. Page 18 I November 23,2021 There's a mix of uses required in the Crescent District as it was approved that says 40%.40% of your square footage has to be commercial. Say you got 40, 60. In this case, they have a little over 600,000 square feet of residential uses proposed in the-- I'm just counting the multifamily. That would require over 400,000 square feet of commercial uses here. The applicant has made a case that that's not realistic and staff actually agrees that's equivalent of three Walmarts for 600 and some units.We're not sure where the standard was posted, it's there. We think given everything else they're doing and the overall positive impact of this that we recommend approval of that modification, the Planning Commission did not. They meet the other standards here. It's a mix of residential unit size, ground floor use on public streets.When we went in here,we wanted people not to just constantly pass residential but to have commercial uses on the streets.When it's built out it'll be at 55% and then increase usable open space. To get an increase in density, you got to have more than 10%. They've got 16%. Staff felt they met that but again, the Planning Commission recommended denial by vote of 5-0-1 at the meeting on November 4, Staff recommends approval.Again,that's just some of where we think it's a standard things we can talk about later, but I want to get into commission findings. They did say they felt the fiscal impact was insufficient, that is, you need more residential square footage. They felt the phasing of major residential amenities is too late. They didn't like the architecture thought was too big but I will note that the architecture meets the ordinance requirements. Insufficient parking, that's modification number 47. They felt that the density increase is not warranted because they didn't think they met three of those eight standards. Give me just a couple minutes. Thanks. Then the traffic impact analysis. Even though the traffic impact analysis meets all legal standards, they still felt that some of the background assumptions some of them felt were not adequate.Again suggested motions. I'll go to the 13 real quick this will take second, it's a special exception. It's the last thing that's related to this. Special exception is for the bridge to cross the flood plain so the rezoning get approved.When you have this type of flood plain alteration there are a lot of standards in the ordinance.What they sum up to is simply this does it harm properties upstream or downstream when you do the alteration?The answer here is no it does not.Will comply with all the State, Local and Federal requirements.We feel it meets the criteria for special exception approval and therefore we recommend approval for that subject to two conditions. The Planning Commission recommended approval of this at their meeting on November 4th 5-0-1. Again staff also recommends approval but now that I've set all of these and going a little bit over,what staff will recommend is that you bring these forward to future Work Sessions so that again staff and the applicant could address any comments or concerns you might have as a result of this public hearing. That's all I have to say and sorry for going over. Mayor Burk:All right. Thank you. Does anyone have any questions to Mr. Boucher? Ms. Fox? Council Member Fox: Not if we're going to go to a Work Session I suppose we can-- I do have a lot of questions but if we're going to go to a Work Session perhaps not. Brian Boucher: I think what we would ask is if you do have questions you can get them to us so hopefully the Work Session if we--You know what I mean?We can be prepared. Council Member Fox: Just real quick question about the Farmer's Market where were the patrons for the Farmer's Market park? Brian Boucher:Where would the folks park? Council Member Fox: It seems like parking is a little sparse. That's probably one of the biggest questions I have, parking,traffic and phasing are my three main concerns. Now that you added the Farmer's Market piece to it?Where would the patrons park for that? Brian Boucher: I think in the parking structures again there's 60 on-street parking space is what we'll call the commercial area where it would be around there. Some of those depending on how they do Page 19 I November 23, 2021 the Farmer's Market they might close the streets.You might lose some of those. I think they're thinking they would park mostly in the parking structures that are there because again you got 1,469 spaces in the parking structure. If the modification were given for the residential you take away 800 and some of those, you've got literally 600 spaces in there. Council Member Fox: I understand there's a lot of people here who want to talk tonight.We want to let that happen.Are we going to Work Session, Mayor?Then I'll hold off on that. Thank you. Mayor Burk: All right, Mr. Bagdasarian? Council Member Bagdasarian: Yes, Brian just thank you very much for the presentation. I would just in preparation for the Work Session I'll definitely have some questions about the traffic implications and the traffic study. We were prepared to just to go in a little bit more depth with the traffic study. Brian Boucher: Calvin Grow will be here. Council Member Bagdasarian:All right. Excellent. Thank you. Council Member Nacy: I do just have a quick question. How many Work Sessions did Planning Commission get with this application? Brian Boucher: Five. Council Member Nacy: Thank you. Mayor Burk:Anyone else, Mr. Martinez? Vice Mayor Martinez: I'm looking forward to the Work Session and also Brian, hoping that you and I can sit down and talk a little bit in-depth about some of the Planning Commission's concern. Thank you. Brian Boucher: Certainly. Mayor Burk:All right. Oh, don't put that on yet. Did I hear you say that the bonding for the commercial building and the park is not in place until the second phase? Brian Boucher: Say that again, perhaps I just missed the question. Mayor Burk: The bonding that you talked about for the park and the commercial building. Brian Boucher:Yeah. Mayor Burk: That doesn't come into play until the second phase until phase two? Brian Boucher:The temporary park, yes. Mayor Burk: I'm talking about the bonding. Brian Boucher: Oh the bonding. Bonding comes in at phase two.They have what they call a phase two and it's really their infrastructure phase. That's when their bonding is going to come in for the other amenities for the various phase two phases.,That's Ours Overlook, and the bridge and Town Branch.Although Town Branch if I didn't say it,they're looking to dedicate that land to the Town. There's roughly two acres below Raflo Park that would become Town property. The bridge itself would be maintained would not be the Town's,the pedestrian bridge and would be maintained by the property owners association. Mayor Burk: You're answering questions I didn't ask. I asked you. I know that you're very excited about this project, but I wanted to make sure that I understand that the phase two, the bonding for Page 20 I November 23, 2021 those commercial buildings and the park,the Our Park,they don't put it forward until they start phase two. Brian Boucher: Correct. They're bonding just the amenities. Mayor Burk: Thank you. I too had concerns about the parking. You said something about the schools. You said that the schools don't make a difference between units. If it's a one-bedroom unit or three-bedroom units. Are you sure of that? Brian Boucher: It's multifamily.Well, I'll double-check and make sure I haven't misspoken. Mayor Burk: Then my other concern is and this deals with a traffic issue but that particular part of Town has multiple projects right now, from the Rogers Farm to Meadowbrook into-- I looked it up and drove around and counted the number of developments that are going in that part of Town and it's over 2000 units that are going in there. Traffic is a major concern for me and that's not going to be a surprise to Mr. Cullen, because I've mentioned that many times. That is something that has to be a major consideration for that area. Parking is still a little bit of a concern. I feel a little bit better about it having talked to you and to him, but the traffic is a really big issue and the phasing for me is a huge issue. Mr. Steinberg, I'm sorry, I didn't see you. Council Member Steinberg: No problem, Madam Mayor. As you might imagine, I have quite a few questions,which I'm going to reserve for later. Certainly the Work Session but I did want to point a clarification. In the floodplain alteration, you only mentioned the bridge. Does the infrastructure for building C and D not also come up as part of the floodplain alteration? Brian Boucher: Mr. Steinberg, might it be-- Council Member Steinberg: The retaining walls that are required for buildings C and D are those not also part of the floodplain? Brian Boucher: I believe some of those do touch, so yes. That's my own thinking somebody can correct me. The applicant can correct me if they're wrong, but I think it comes up along and that's part of this. Council Member Steinberg:Without that infrastructure, building C and D cannot be built. Is that not also correct? Brian Boucher: Correct. Council Member Steinberg: Thank you. Brian Boucher:We need the retaining walls first. Mayor Burk: Mr. Cummings. Council Member Cummings: Thank you. I couldn't resist. One quick question the Mayor brought up the bonding of the amenities. Is that a typical part of the process that we do at the Town with applicants is asked to bond amenities like this? Brian Boucher: No, that's unusual. I think it was offered by the applicant in this case, it's almost like [unintelligible]when he's saying, "Look, I'm serious about this." I think it was an effort to try to convince staff and the Commission. It's not typical. Council Member Cummings: Not typical. Thank you. Mayor Burk: Thank you. Does the applicant have a 10-minute presentation they would like to give? Page 21 I November 23, 2021 Andrew Painter:Well, good evening, Madam Mayor and Council Members. My name is Andrew Painter. I'm speaking tonight on behalf of Keane Enterprises. I too am excited to be here tonight because not only are we in total alignment with staff on this, but also this is simply transformative and it is about time. This represents a major investment in an area of Town that has often lacked investment, especially in recent decades. It is an example I think of a regionally significant marquee project, one that can distinguish Leesburg vis-a-vis its other jurisdictions, in providing a blueprint for how we redevelop older aging, - underperforming, and environmentally unfriendly shopping centers.While holding firm to the principles that the Town has set forth in the Crescent District master plan. In short, I think this is how to do it and how to do it right. I thought it might make sense to walk through how we got here this evening and go back in history a little bit. Most of you all know that Virginia village began as a shopping center in the mid-1950s under the direction of the late John Ours. This was the first big change that Leesburg experienced after World War II in transforming it from a compact walkable downtown to one where you need to use your car to get everywhere. Keane Enterprises purchased the property in 2017 and actually performed a market assessment and found the center to be outmoded in its layout and its architecture in just overall impervious surface. There's about 385,000 square feet of asphalt on this property that is also the equivalent of about three Walmarts. Keane initially thought about simply just slapping a new facade on it and calling it a day. We looked at the by right options under the Crescent Design or Crescent District Ordinance and we actually found that practically speaking, there's really nothing we can do as a matter of right. You actually have to come through this process in order to do any type of substantive upgrades to the shopping center. What we ended up doing was we opened up the books to see what the Town had actually planned for the site because it is through your adopted policies and ordinances that you communicate with the citizens and with property.owners about what your vision is for various parts of the Town. What we found was that with the adoption of the Crescent District Master Plan in 2006, the Town actually targeted this site.As well as the other 400 and some odd acres of the Crescent District for mixed-use redevelopment, to move away from that automobile-oriented development pattern that has paved over Leesburg for the last 70 years. To think about growing in a different way and a smarter way. What was surprising to us was that even after 15 years, no catalyst project had been approved,which has fulfilled the intention of that plan. We agreed to be a guinea pig of sorts,there were a lot of people that told us, "Oh, don't worry about filing or don't file at all. It's impossible. You can't make it work, you'll never get approved."We said no. Through our five submissions over the last 862 days, not that anyone is counting,we have worked collaboratively with staff to demonstrate how this ordinance can work. I do want to offer my sincere appreciation to Brian Boucher, Susan Berry Hill, and Mike Watkins, who's not here tonight for their professionalism and expertise, in fact,the entire Town staff.We are and again in total alignment with them and that is reflected in the staff recommendation of approval. These are the real experts that have been living with this ordinance and this master plan for several years. I want to just go through a couple of things that we learned going through this and respond to a couple of comments. First with respect to architecture. The architecture for this project is really meant to reflect the eclectic nature of the architecture that we have not just in downtown Leesburg. Leesburg is much bigger than just downtown. It is a 12 and a half acre corporate area and it has a variety of plethora of different architectural palettes from which to choose. Some have said that the architecture that we propose doesn't look like Leesburg. That's by design. This is not meant to be downtown Leesburg. It's not meant to compete with downtown Leesburg. It's meant to complement downtown,which is exactly what is called for in the Crescent District Design Guidelines. Importantly,we are introducing structured parking,which is something else that's called for in your plan. My hat's off to Brian and staff for really holding our feet to the fire. They wanted it to be architecturally shielded, unlike the other parking garages in Town, and it is difficult to hide parking Page 22 I November 23, 2021 garages but we've managed to do it.Also the heights of our buildings. Even though we're asking for 70 feet,the actual heights that you see in the plan sets are lower. They're lower than some of the projects that you've seen in downtown Leesburg, including the county government building, and the recently approved church and market building. Again,we are downtown adjacent we are not in downtown.We are sensitive to thoughts that this might overwhelm the downtown but that's not going to be the case here. In terms of commercial offerings,we are providing 20% more commercial space than what's on the property today. It's not all retail there's office and retail, but mixed-use in a walkable environment that is connected to residential and is proximate to a walkable historic downtown like what we have here. That is the new paradigm for attracting Class A retail, and office users. I think it's something that the Town can use to distinguish itself vis-a-vis other mixed-use projects that are popping out across Northern Virginia because we have an authentic downtown here. This is the place to provide these types of modern buildings in a way that again, doesn't overwhelm downtown, it compliments downtown.What we're doing is we're building from the historical route and this is the next logical place for this type of development. The Crescent District as you know was envisioned as the key area where we can have workforce housing. We actually conducted our own market analysis to understand the deficiencies in Leesburg housing market. The results of those are up here, but we're really getting at what's holding Leesburg back from a competitive perspective. In response,you will see that we are focused on providing studios and one-bedroom units.We are delivering the first multifamily complexes to be built inside the Leesburg bypass in over 30 years.As Mr. Boucher said,we have the largest number of affordable dwelling units that are being delivered yet for a single project in Town. We're very proud of that.All of that is critical to the Town's workforce because Leesburg simply cannot compete economically in an equitable and inclusive way if its workforce, especially its younger workforce cannot find housing here. Housing is economic development. That's a metric that bears repeating. This is the right place for it.We talked about open space and parks. I would just note that we have provided more open space than what is required under your ordinance. In terms of the Farmer's Market, we have worked closely with them throughout this process. Incorporation of the Farmer's Market is not such a fiscal game for us. It's the fact that we are connecting residents and patrons of our retail establishments and homes with the people that are actually making goods and services and that's extremely important. Some of the people come to Virginia Village every weekend and we've incorporated them into our staging plans and discussed them in our proffers.With respect to the Ours Overlook and the bridge,we know that everyone wants that.We have talked with you or several of you about our logical phasing plan. As Mr. Boucher mentioned, there is the surety in terms of the bonding.We have limited our number of occupancy permits in building D by half until that overlook and the bridge are completed. My hats off again to staff who are driving a hard bargain in the public interest. There are things that we're not really that comfortable with, but they are things that are hanging over us to ensure completion of those improvements. Here are the environmental benefits that redevelopment will bring. I'm not going to touch on them, each of them, but I will say environmentally, there is no comparison. It is much more environmentally responsible to build them this way,to redevelop an underutilized piece of ground that's already been developed where you already have the infrastructure in place. It's not like we're building something new out in the middle of a farm field or a forest that nobody wants to see developed. In terms of transportation, Mr. Boucher touched on that. The good news is, is that the proposed development has minimal material impacts on the surrounding road network. I know that's hard to believe but it's because the existing site already generates significant traffic due to the large amount of retail,which is the highest trip generating use in the ITE code manual. Again, that traffic study has been approved using your methodologies, principles, and inputs, but shown here are some of the major transportation improvements that will provide.With respect to parking, there may be a misperception that we're not providing enough parking or that we're going to be pushing people out on Catoctin Circle. Page 23 I November 23, 2021 Just to be clear,we are using the same shared parking calculation that is encouraged by the Crescent District Guidelines. It's right there in the ordinance. It's supported by Town staff and we applied the exact same methodology and inputs that were approved with the Villages at Leesburg and Church and Market. I think the difference though is that we've actually gone a step further and we've actually specified the number or the amount of commercial tenants and the mixed-use which is something the other applications didn't do. We feel very comfortable with the amount of parking we're providing. In closing Madam Mayor, I would just say that planning is all about achieving a balance and it's a very good thing to embrace change when it is exactly the type of change that this Town has long planned for. I think we all want growth to occur where it should and we want to discourage growth where it shouldn't. Here on this site is exactly where the Town has targeted just this type of growth. It's very positive in terms of placemaking,transportation, environmental sustainability, and housing affordability. We've had,unprecedented community outreach.We've submitted support letters for the record. In terms of economics, as you can see here, the project fiscal impact demonstrates that the fiscal benefit of this'project is substantially greater to the Town than just leaving the shopping center in its current state. Lastly, I'll say this fires on all cylinders, and to those who said this ordinance couldn't work and told us that, I think we're proving them wrong. Thank you very much for your time. Mr. Cullen and I, and our entire project team are happy to answer any questions. Mayor Burk: Thank you. You did a good job. You did it in the 10 minutes. Andrew Painter: Thank you. Mayor Burk: Does anybody have a pressing question at this point? Ms. Fox? Council Member Fox: Just a real quick. You alluded to a workforce housing and affordability. Do you have price points on your different,the various options that you have?The studios one-bedrooms, multi-family. Andrew Painter: I don't know if we have price points on that, but it's also impossible to predict what the housing market is going to be four years from now,when it comes out of the ground. I will say that our evidence or our research shows that about 70% of the housing inside the bypass and about 70% of the housing Town-wide are two-bedroom or greater units. We are trying to introduce a type of housing that is not present at all inside the bypass, but I don't have actual specific numbers. Brian, I don't know if you do here. Brian Cullen: It is impossible to respond. Council Member Fox:The other thing is you mentioned four years, how long through each of the phasing processes will this be to completion. Andrew Painter: If you want to answer that. This is Brian Cullen with Keane Enterprises. Brian Cullen: Thank you. I think we intend to work all the way through it. If we get through this process here tonight,we'll have probably have, depending on how long it takes to get through engineering, a year and a half, and then we would kick it off.The first phase would probably take us two years to get the stabilization.We'd move right into the second phase and then we'd go from there. It'll be sequential, exactly what that timing is, not positive. Council Member Fox: Okay. Can you give us a ballpark 7 to 10 years?Something like that? Brian Cullen: Oh, it's less than 10 years. Council Member Fox: Less than 10 years. Thank you. Mayor Burk: Ms. Nacy. Page 24 I November 23, 2021 Council Member Nacy: I just have a quick question. How much of this property is in the Hub Zone of Leesburg? Brian Cullen: I'm sorry. Council Member Nacy: The Hub Zone of Leesburg? How much of this property is? Brian Cullen: I believe all of the property is in the Hub Zone of Leesburg. Council Member Nacy: Thank you. Mayor Burk: We will hear from the public at this point. Thank you very much. Andrew Painter: Thank you, all. Mayor Burk: -Mr. Painter, appreciate the information. I think we're all very excited about this prospect.We just want to make sure that it's done right. Our first speaker is Michelle Zgonc followed by Peyton Herring. Michelle, there you are. Did I read the public hearing? I did.Wait, a minute. Did I read it? Michelle Zgonc: Michelle Zgonc, my last name is spelled Z-G-O-N-C. I'm at 603 Country Club Drive, Southwest. Distinguished members of Town Council I'm here tonight to offer my support for the redevelopment of Virginia Village. I've been a resident of Leesburg for over 41 years. I've served on the Board of the Leesburg Downtown Business Association and on the Board of Leesburg Crossroads, the organization that promoted the concept of the Crescent District which includes Virginia Village. I feel it would be short-sighted not to proceed with the redevelopment of the Virginia Village since it is a natural expansion of the Historic District. It would be difficult to see Virginia Village as an extension of the Historic District in its current status. On a recent shopping trip to downtown Leesburg, I asked a couple of the shop owners how they felt about the redevelopment of Virginia Village. Both expressed their approval adding the attractive commercial areas surrounding the Historic District would definitely benefit businesses in the Historic District. Redevelopment of Virginia Village will also provide additional residential resources to accommodate the growing number of people who want to live with them the downtown area. Personally, the convenience of an expanded downtown with additional shopping opportunities within walking distance of each other would draw me into the Town more often. I feel the Town has done a great job with Harrison Street and South King Street. I sincerely hope that you will do the same with Virginia Village. Thank you. Mayor Burk: Thank you Ms. Zgonc. Peyton Herring followed by Bruce Roberts. Peyton Herring: Hi, my name is Peyton Herring you will be pleased to know I talk fast when I'm nervous and I thought I had three minutes. My name is Peyton Herring. I am 28 years old and I grew up here in Leesburg. I graduated from the University of Virginia in 2015 and my professional background is in growing and scaling female-owned businesses several of which happened here in Leesburg. Right now I work in business and marketing at Finch Knitting and Sewing Studio which is at the corner of Loudoun and Wirt Streets. I currently live on South King Street just a few doors up from the redevelopment we're here to discuss tonight. I currently live on South King Street with my parents because there are no viable housing options in Leesburg for young professionals.As someone whose home is right by this project, I could speak about how nice it would be to have some much-needed fresh life breathed into that side of Town. I could speak about how it would improve traffic flow, how it would improve safety for pedestrians, and how much revenue it would bring in. I could talk about how thrilling the idea of grben space with Wi-Fi is and how nice it would be to connect Crescent Place to the rest of the Town. I think all of those things are well known at this point and would be stating the obvious though. I'd like to spend my short time tonight speaking about what I Page 25 I November 23, 2021 feel to be some of the most critical needs for our community that this project would be meeting. Simply put, there is no affordable housing in Leesburg. For this community to thrive and for its longevity, there have to be inroads for young people who are starting out their careers. There are lots of us more than you would probably think who are starting out their careers and who are trying to decide if Leesburg is worth to staying in and sitting in our childhood bedrooms it's not the most appealing option. As someone who grew up here, it's been really great to see that they're finally some cool businesses and restaurants in Historic Downtown. I am not interested in having to rent a basement in a subdivision with a kitchenette for the exact same price as one-bedroom and studio apartments and many nearby markets. I am interested in going out for happy hour just around the corner after work. I am interested in walking home after. I'm interested in shopping small. I like to pick up lunch from the place down the street from my office. I like to go out to dinner with my friends and walk to coffee shops and Farmer's Markets on weekends.We, young adults,want to spend our money here,we want to live here, and having proposed affordable and studio one-bedroom apartments in the Virginia Village would give that ability to us. It's also critically important to the health of our community to have available workforce housing. There are so many people who work in the businesses and restaurants in Town who either commute in from areas like West Virginia, meaning we lose out on their discretionary spending, and we're heavily impacted by that commuting traffic. Or they're forced to work several jobs so we can— Mayor Burk: Thank you. Can you-- Peyton Herring: Sure. If I could just briefly say, as someone who works in a small business in downtown,this would be very beneficial to our business. It would drive in more people. Mayor Burk: Thank you for sharing. Bruce Roberts, followed by Cheryl Settlemyer. Bruce Roberts: Mayor, Members of the Town Council, I'm Bruce Roberts. I appreciate the opportunity to speak in favor of this project. I live at 307 Edwards Ferry Road, been a resident of Leesburg for the last 45 years actually. Opened a business 45 years ago in Virginia Village,just last week. I have four children, three of which live in the Town, live downtown on Edwards Ferry Road. 11 of my 12 grandchildren live here. I've long had a passion for the vibrant nature of our Town and think about how we can make the downtown vibrant. My interest in being here tonight, first and foremost, is I find this a very, very exciting project that I think will really help the health and wellbeing of our community. I'm reminded of listening to a lecture or a talk several years ago by Christopher Leinberger who is a noted author, land use strategist scholar, researcher, talking about this movement from suburban to walkable urban. He talked about the great opportunities that we've seen in this region in Arlington and communities in the District of Columbia. Old Town Alexandria,where there's been this rebirth of these communities, as we brought in residential and mixed-use centers, and really focused around walkable urban. In recent years,we've made great progress here in Leesburg. I'm reminded of all the years I spent trying to find ways to revitalize downtown and get more activity. The realities are that with the revitalization of an old window factory to a really exciting mixed-use center down on Harrison Street in Crescent Place and the transformation of the old lumberyard to a mixed residential neighborhood,just with a few blocks from downtown. I see this as another wonderful opportunity to do the same thing to move our community forward. I think about my good friend and mentor, John Ours when I first came to Virginia Village all those years ago. He was such a leader in the suburban revolution. I think it's now time for the Town to take the lead and really move this on to walkable urban and really do what--This is really just such an exciting, exciting project. I think this is the time to really put the foot to the pedal and really go ahead and continue on what you've started with those two very exciting projects and make sure that this revitalization of Virginia Village goes forward and we move on to something very exciting for the Town. Page 26 I November 23, 2021 Mayor Burk: Thank you, Mr. Roberts. Cheryl Settlemyer is followed by David Parker. Cheryl Settlemyer: Hi. Mayor, Town Council Members, my name is Cheryl Settlemyer, S-E-T-T-L-E- M-Y-E-R. I am a 35 year resident of Loudoun County, but I am a five-year resident of the Town, moving here specifically for the walkability.As my children launched and left Eastern Loudoun, I wanted to reinvent the last part of my life. I love the idea of a being in the Town. I had worked in DC for years, and I knew that that wasn't going to be an option. I am wholeheartedly in favor of this project. I live in Crescent Place. I try to walk everywhere, including my office. I was lucky enough to land a position at a local bank. One of the conditions of being here was that they let me work in the Town here versus Reston Town Center and that was granted me. I do walk everywhere. The sad part about it is, it's not walkable on the Southeast portion. If you walk on the sidewalks on Catoctin Circle, it's almost dangerous. The sidewalks are too narrow. I'm very excited about the special exception because I do walk to the Farmer's Market and I do walk to the dry cleaners over there and the bank and the Walgreens. It's really scary, especially if I'm entertaining small children, my grandchildren, so that pedestrian bridge is something that I'm looking forward to. I know a lot of my neighbors are too. It also makes this part of Town, in the Southeast so walkable and inviting.Again, I still love the downtown. I'm still going to be downtown. There's just nothing like our Historic District, but this is just a nice little marriage of the two. It also makes it a really nice loop for those of you who do walk the Town, you know that. I encourage you all and I'm hopeful that you all will be in favor of this. Mayor Burk: Thank you, Ms. Settlemyer. David Parker followed by Steve Chapin. David Parker: Thank you. My name is David Parker, P-A-R-K-E-R. I live at 34975 Vintage Place in Round Hill. I've lived with my family in Loudoun since 1993. One of my sons actually went to Loudoun County,which was a blessing. One thing that is not in my notes but I wanted to compliment the staff on the work they've done. When I first came to Washington, I spent a number of years as a budget analyst on Capitol Hill and spent a lot of time trying to prepare a lot of work for this kind of thing. The work, I thought,was exemplary. I had the privilege for a number of years, actually following Randy Minchew and Keith Troxell and a little bit before Tamar Datan of being the Chairman of the County Economic Development Commission. I also had the privilege of serving on something that at the time it was called the Loudoun County Impact Fee Taskforce. In both cases,what we were struggling with before a time when data centers rules the earth and the revenues that came out of the data centers could pay for virtually anything that the residents of Loudoun wanted. The question of how do we have a County where people can live and work? One of the things was simply that if you had more businesses that wanted to stay in the County, the taxes that would be generated from the commercial revenues could offset the costs of everything that our County was going through in terms of infrastructure, including schools.As I said, some of that went away. In looking at this project, I was struck by the good news on the fiscal side was, there's a$600,000, I believe, annual net, a net profit or net increase to the Town. In looking at it, I felt as though it understated the benefit to the Town in the long run. My experience in the commercial real estate business has been one where I've seen that,where you have a development like this, you can also have follow-on commercial development that investment can follow residential in a way that can revitalize the whole area. I think a number of the speakers have talked about this placemaking, which is a place where people can actually work and live and hopefully live at a reasonable price. The last thing I would say quickly is, I have the opportunity on a regular basis to deal with equity investors who are constantly looking for opportunities to get a return on their equity. That could be family office. It could be pension fund advisors and Leesburg is a very attractive place if these kinds of projects can be-- Mayor Burk: Mr. Parker, your time is up. Page 27 I November 23, 2021 David Parker: Thank you very much. Mayor Burk: Thank you very much. Steve Chapin followed by Brian Ours. Steve Chapin: Good evening Mayor Burk and Members of the Council. My name is Steve Chapin. I _ live at 209 Cornwall Street, Northwest. I walked here, which was a blessing. I've lived in downtown Leesburg for 15 years. I've been a part of a number of nonprofits in the Town. In those nonprofits,we just try to make the Town a little bit better as you all do. I think that this revitalization of Virginia Village will also make the Town a little bit better for three reasons. The first one is that it continues the momentum. It continues the momentum from a number of the projects that Bruce Roberts spoke of earlier. The concept of workable urban is something that's very important. I also think the fact that the first apartments will be built inside Leesburg proper since 1988 is a big deal for the Town. It's something that we should pursue. Secondly, everything is relative. If you looked at the map of what the [inaudible] looked like in the 1950s and then you come from the south into the middle of Leesburg today, I think that what used to be beautiful isn't as beautiful anymore or as attractive. Then what has been offered here with the green spaces and the walkable areas is something that definitely is a big plus and a benefit to the Town. Then finally and thirdly,just the fact that the Town staff has been so supportive in the three areas and the fact that it quote, agrees and conforms to the Town's master plan,the Crescent Design District Master Plan and the Crescent Design District Zoning Ordinances are all things that I think are important for this Council to consider. Thank you very much for your time and happy Thanksgiving. • Mayor Burk: Thank you very much. Brian Ours, followed by Amber Becker. Brian Ours: Mayor Burk, members of the Council. I'm Brian Ours and I have lived at 203 Oakcrest Manor Drive in Leesburg for 14 years. My whole life has been linked to Virginia Village. My father was part of the original group developing the property in the 1950s. In the'60s, my family became sole owners and I spent my entire career involved in this daily operations. In 2008, I was a member of the steering committee for the Form-Based Code prior to the formation of the Crescent District. Virginia Village was used as a test case in this process. We sold the property to the current owner in 2017. I have no financial interest at this point. I always try to let logic prevail. I fully support this rezoning application. Given the staffs recommendation of approval after its very thorough review, approval is the logical conclusion. The Crescent District is languished, virtually unchanged since its formation. This is a prime opportunity to finally get it going in the desired direction. This site has transitioned from being the original strip center in Leesburg to one that is truly ready for renewal. Approval of this project will fulfill the vision the Town's staff has had for the past 15 years and create a truly walkable community. As the Crescent District was being studied,there was discussions among the steering committee that centered on a catalyst to jump-start redevelopment for the entire district. During these meetings,there was talk that the Town may have to contribute funds for structured parking as an incentive to the initial developer. I'm holding right here a document from a consultant hired by the Town to Jason Baskin and the Town staff in 2008. It states in part and I quote, "appropriate locations for catalyst development should be identified." Until now no such projects have emerged. This is the catalyst development the Town has been looking for and it can be done without any financial contributions from the Town. The economic benefit of this project is very substantial. Due to the nature of the Crescent District regulations, redevelopment has to happen on this scale to make it feasible. It is an older non-proposition. If the scale of redevelopment is reduced, the cost of the required infrastructure can never be recovered by the owner. That means there's no incentive to redevelop the property. If not approved,this property will probably remain as is for the many years to come.Again I sincerely feel that approval is the correct action. Thank you for your time. Page 28 I November 23,2021 Mayor Burk: Thank you. Mr. Ours is followed by Amber Becker who will be followed by Colleen Gustayson. Amber Becker: Good evening, thank you for allowing me to come and speak this evening. My name is Amber Becker A-M-B-E-R B-E-C-K-E-R. I've lived here in Loudoun County for 20 years. The address is 19137, Commonwealth Terrace, Leesburg. I also own a small food and beverage company here in Loudoun County. I'm on the Board of Directors of Loudoun Valley Homegrown Market Cooperative. The Farmer's Market that has been mentioned so often here tonight. It's a little bit overwhelming. The Board of Directors had sent me here in support of the renovation of Virginia Village.We've had a long-term relationship with Virginia Village and Keane Enterprises. Our Leesburg farmers market at Virginia Village is the most successful of the many that we manage in Loudoun County. It has won the Best of Loudoun for many years in a row, and it's considered a popular destination for many people in the Northern Virginia area. We are a not-for-profit organization that supports greater than 50 farmers and value-added vendors at the Saturday farmers market location alone. Our peer-run market system has ensured that we support local farmers and local businesses as much as possible, and that the Virginia Village location is a positive public place for those businesses and farmers to sell and conduct their business. The renovating of Virginia Village would allow for a more modern shopping and living experience.We believe that those renovations would draw in new foot and residential traffic,which we expect will allow us to expand in the number of farmers, farms, and vendors that we support each week. The only other thing that I can really say is that we have great affection for Keane Enterprises and Virginia Village for helping us through the pandemic last year. The vendors that we had at Leesburg and the support that we received from Keane Enterprises allowed them all to continue and operate without considerable loss to their businesses. Thank you so much. Mayor Burk: Thank you. I think we can be sure to say that everybody loves the farmers market. Amber Becker: I know. [laughs] It's overwhelming. I came in with notes and then when everyone was talking, I was like, "Oh, my gosh." Mayor Burk: Thank you very much. Colleen Gustuvson, followed by Robert Gordon. Colleen Gustuvson: Good evening, Mayor, Vice Mayor, and Town Council Members. My name is Colleen Gustuvson. I've lived here for 46 years. I think that's one of the record winners tonight so far. Over the past 46 years, I've witnessed many changes, challenges, controversies and economic cycles within the Town of Leesburg, but what I've witnessed within the past three years regarding the economic success of the historic downtown Leesburg and the resulting demand for residential living within walking distance to the downtown area has been quite simply astounding. Quite frankly, I never even thought Leesburg would become the destination it now is, nor could I have imagined that Leesburg would become one of the most sought after and desirable places to live in the entire mid-Atlantic area, maybe even the entire East Coast. It seems everyone wants to come to Leesburg to enjoy the incredibly vibrant downtown, and they all want to live within walking distance to downtown Leesburg. Downtown Leesburg is thriving, and as a result, the demand for residential real estate in Leesburg is at an all-time high. I know this because I work as a full-time real estate agent and I have done so for the last 15 years. There has been a huge uptick in buyers looking for a home that is walkable to downtown Leesburg. The two most in-demand neighborhoods right now are both infill developments. There was the King Street condos and also the Crescent Place neighborhood. The largest demographic of buyers for these neighborhoods is millennials, most of them with double incomes and no kids and empty nesters. These two sets of buyers typically have one major thing in common: disposable income. They use that to dine in Leesburg's restaurants, they brunch out every Sunday, and the empty nesters have disposable time in addition to their disposable income,which they use to walk around Town, to bike, play tennis at Ida Lee Park, and volunteer on Town committees. Page 29 I November 23, 2021 I have a lot of expertise in the Crescent Place neighborhood. I've sold more condos in there than any other agent. In fact, on December 1st,we're going to break the record for the all-time highest condo ever to sell at that sales price in the Town of Leesburg.Why am I saying this to all of you? Because it is to illustrate the success of the mixed-use Crescent Place neighborhood and to demonstrate the need for another similar project,which you have in front of you tonight, the rezoning application for Virginia Village. I strongly believe the current Keane developer plans are the highest and best use for this 18-acre outdated shopping center site, and there's no time like the present to begin construction. Undoubtedly, you have all heard about the current residential housing boom and the low inventory. What most people do not realize is that this is not a result of the pandemic, but it has been years in the making.The main driver of the housing shortfall has been the long-term decline in the construction of new residential homes.After the housing bubble of 2008,there was a sharp decline in new construction, and our country is now facing a housing shortage of approximately 5.5 million units. In the coming years, developers will likely start building at the rate they did prior to the bubble, and the best place to build is infill sites. The benefits%are so blatantly obvious. Infill sites have environmental benefits as they will reduce development pressure on outlying areas,will help to safeguard Loudoun lands that serve important ecological functions. They will reduce the amount that people drive there by improving air quality and reducing greenhouse gas emissions. Infill development inherently preserves existing open space, which we all want to see preserved. Example,the recent development of Rogers Farm on Dry Mill Road. Mayor Burk: Thank you, Ms. Gustuvson. Thank you very much. Your time is up. Colleen Gustuvson: I thought I had five minutes. I'll email it to everyone. Mayor Burk: You are a good salesperson. Good job. Robert Gordon,followed by Kate Gordon. Robert Gordon: Good afternoon, Madam Chair, Members of the Council. My name is Robert Gordon. I have had a business here in Leesburg for most of the last 30 years on Liberty Street at Market Station and now for the last 10 years across the road at 5 Wirt Street, as an owner of Loudoun Commercial Title and Loudoun Insurance Group. In the mid-1990s I served as vice chairman of a County blue-ribbon committee studying relocation of the County government and there were a lot of people who suggested the county government and the courthouse should move out to Ashburn where there was more room and I spoke strongly in favor of retaining the County government in downtown Leesburg because I didn't think that we should have a Town that was a hollowed-out core like Fairfax City. I think that's worked out well. Over the past 30 years, I've seen the decline of Barber& Ross and its vacancy and I came and spoke in favor of what is now Crescent Place because I believed really strongly that the best thing for Leesburg was a vibrant core of as many people as possible within walking distance of downtown. I think what we have there at Crescent Place is a real addition, compared to what was there before, I think Knutson home project on South King Street. I don't think that required a rezoning but we can all agree that what's there now is a vast improvement over the vacant warehouses that were there before. I've studied the project. I think it's a beautiful project and deserves approval. As a local business person, the thing I want to emphasize is the level of staff support for this project and the amount of time they've spent on it is extraordinary. I've worked with Sue Berryhill, and Brian Boucher, and Mr.Ackman over the years, and they have a lot of expertise. They know what they're doing. They're tough on people. They hold their feet to the fire. To me, it's pretty extraordinary that they've approved the fiscal impact study, the traffic study, the phasing, the comprehensive plan compliance, and the proffer package. Honestly, I was nonplussed when the Planning Commission, over all of that support, recommended disapproval by five nothing. If I was on staff, I would be discouraged if not amazed and insulted by that. I know that the Council needs to study the details on this and that it's appropriate to do so but I suggest as a local business person that some deference to the amount of staff expertise here and their recommendations is warranted and that this should be approved. Thank you. Page 30 I November 23, 2021 Mayor Burk: Thank you, Mr. Gordon. Kate Gordon,followed by Don Ashbaugh. Kate Gordon: Good evening. I'm Kate Gordon. I'm a small business owner here in Leesburg. I also lived in Leesburg for a number of years before moving to Round Hill more recently. First, I lived on Royal Street over by Market Station and then I lived in Crescent Place near W&OD Trail. For work, I'm still out and about in downtown Leesburg pretty much every business day of the year, and, as everyone knows, it's a great place to have a business. I'm coming out in support of Virginia Village for a number of reasons. First, after months of working closely with Keane Enterprises on the project, the Town's professional staff has confirmed that Virginia Village meets the technical aspects of the Zoning Ordinance and the Town master plan. On a more personal perspective, I've noticed that there aren't great ways to walk around in the Catoctin Circle area of the Town. You have to pick between overgrown areas, private property not designed as a public walkway, or busy streets on sidewalks that are hot and uncomfortable because they have no trees. It's an area of Leesburg that seems like it was built for cars only not people. What I really appreciate about the Virginia Village redevelopment is that they work so carefully to plan green spaces. Park life areas of the project that include grass, hundreds of trees, and other features like pergolas to provide shade where people can meet even if they aren't shopping.The planned project provides even more green space than the Zoning Ordinance requires and proposes to donate the Town Branch to the Town to preserve the floodplain. Another feature I'm excited about is the bridge linking the project to Harrison Street over by Crescent Place, meaning that to get around we'd no longer have to walk around the busy bustling intersection of Catoctin Circle and Harrison Street.We'd instead be able to walk over a bridge looking down on the creek. I think the addition of green spaces and walkability as in this plan are important to modernizing this area of Leesburg for all of our benefit. I ask that the Town Council approves the Virginia Village rezoning. Mayor Burk: Thank you. Thank you very much, Ms. Gordon. Don Ashbaugh, followed by Jeffrey Alcusky. Don Ashbaugh: Hello. Thank you, and I'm Don Ashbaugh.That's A-S-H-B-A-U-G-H. I live at 420 West Market Street, right up here at the intersection of Market and Loudoun Street.We live in one of the historic properties and have the pleasure of walking into Town and all around Town all the time. We've been doing that for 30 years.We are very excited about this project. I think the group that has already been up here made some tremendous points. This will absolutely be a catalyst for downtown. This will do wonders for our workforce. It'll do wonders for the revenues and the Town,the small businesses. It will expand their business. This is a really unique opportunity for our Town. I think one of the gentlemen who spoke earlier who owned the property, I think we have as a Town an opportunity with Keane Enterprises,who have the vision, the expertise, and I think you can see their commitment with the presentation and the work that they put into this project. They are absolutely committed to doing it right. They are one of the elite developers in Northern Virginia. My biggest concern about this project is it doesn't get approved.We should not miss this opportunity as a Town, or we won't see it for years. Please approve this project. Thank you. Mayor Burk: Thank you. Thank you, Mr.Ashbaugh.Jeffrey Alcusky,followed by Peggy Tyree. Jeff Alcusky:All right, good evening. Hello. My name is Jeff Alcusky. Mayor Burk: I was close. Jeff Alcusky:What's that? Mayor Burk: I was close on your pronunciation. I'm sorry. Page 31 I November 23,2021 Jeff Alcusky:You were close. Don't worry, I'm used to it. [unintelligible 02:03:59] pay attention to that aspect. As I said, I'm Jeff Alcusky. I've been a Town resident almost for 18 years. I've also been a firefighter in Town with the Leesburg Volunteer Fire Department for 15 years. This beautifully designed project is needed for Leesburg.As I said, I've been a resident here and I used to drive that route down Catoctin and saw the old Barber&Ross building, and boy, if you guys remember that, that was an eyesore. This place is now one of the most beautiful and sought-after places in Town. Also, someone mentioned this earlier about the walking circle to go around Town; Catoctin to King to Loudoun, and down to Harrison. That's one beautiful walking place we can have downtown.We now have the opportunity to also bring in a younger generation into these apartments. This new generation will build and make Leesburg prosper over the years. However, my parents would also love to move here because there is no affordable housing for my parents who just want a single studio or a one-bedroom apartment to come and visit the grandkids.Who doesn't want that? Everyone wants to come to see their grandkids, but they don't have that place and this place will really, really make that a project for them to come in here and have fun. Basically,this project is simply a natural step to grow Leesburg and continue the revitalization downtown. I fully support this. I look forward to making Leesburg a more desirable place to be. Thank you. Mayor Burk: Thank you very much. Peggy Tyree is followed by Greysi Vasquez. Peggy Tyree: Good evening. My name is Peggy Tyree, T-Y-R-E-E. On this Thanksgiving week, I want to start by thanking each of you for your service to our Town. It is much appreciated. I'm grateful to leaders like yourself,who make difficult decisions for the betterment of our community. I have lived in Loudoun for 36 years and in Leesburg, specifically for 20. I live in the Town of Leesburg in the Kincaid Forest neighborhood at 821 Ellerslie Court. My husband and I chose Leesburg as a wonderful community to raise our two boys who are now 22 and 17. We chose Leesburg over Ashburn and Sterling for its unique mix of historic downtown, great neighborhoods and down-to-earth people. We love everything about living in Leesburg.We use the W&OD bike trail to ride downtown and frequent the shops and dining. I too am a weekly visitor to the farmers market. My husband and I both work for Loudoun County Public Schools. I'm in my 28th year of teaching, and I'm a lead mentor in the County, guiding new teachers in their transition into the school system. Because of that specific role, I am in a position to build lasting relationships with our first-year teachers. One of the stressors that is frequently mentioned in our mentor meetings with new teachers is their ability to find affordable housing in Loudoun County. Often they travel from places like West Virginia, Berryville, and Maryland, causing them longer commutes. Even experienced teachers, teachers that have worked for 10 years, 20 years have a hard time finding affordable housing in Loudoun. This is one of the primary reasons I'm here speaking tonight. I believe Leesburg needs to offer a variety of housing options for its residents from different types of households. Now, my son, my 22-year-old is a teacher and is in the same boat as that young lady who she's living in her parents' house and I know he doesn't want to live with us for much longer. I believe the Virginia Village redevelopment plan will offer housing and will attract and help retain teachers among other valuable citizens. This will allow teachers to actually live in the communities that they teach in. On a personal level, my husband and I have appreciated the revitalization efforts in downtown.We love spending our time downtown at the restaurants and shops and supporting local shop owners.We support the idea of updating the area and making it more pedestrian and bike-friendly. In summary, I ask you to approve the Virginia Village zoning application. Thank you for your time. Mayor Burk: Thank you, Ms. Tyree. Greysi Vasquez followed by David McDonald. Greysi Vasquez: Hello. Good evening. You pronounced it right. Greysi Vasquez. Mayor Burk: Greysi. Page 32 I November 23,2021 Greysi Vasquez: Yes, spelled G-R-E-Y-S-I V-A-S-Q-U-E-Z. I'm going to sound a little repetitive from what Ms. Tyree said, but I too am in Leesburg because my parents moved here when I was a teenager. I went away to college down at VCU. I came back and I would've loved to move back here, but there is no affordable housing or one-bedroom housing. I'm very much in the favor of the Virginia Village zoning. I know that a lot of my friends that did go to high school here or middle school here, elementary school here, have been wanting to move back and haven't been wanting to live all the way out in Arlington or Reston or the Tysons area because their family is here. They want to come back and be closer to the family. That would be ideal for all of us. I also feel like I should touch upon the Farmers' Market because it just seems like a positive thing to say about it as well, but that's all I have to say. Thank you. Mayor Burk: All right, thank you very much. David McDonald followed by Sherry Garvin. David McDonald: Good evening. I'm David McDonald. I'm a Commissioner on the Loudoun County Economic Development Advisory Commission. I also serve on its Executive Committee. I'm also Board Chair for ECHO, a Leesburg-based 501 C3 that serves more than 200 adults with disabilities. Prior to my recent retirement, I served as the SVP of global operations for K2M now Stryker Spine, a significant employer within the Town. I come before you tonight to urge support for the Virginia Village project. The project fulfills the vision and goals of the Crescent District master plan and the current Town Plan. I understand how impactful development can be to the Town's economy. In 2014, I was faced with a difficult decision of building a$50 million headquarters project, either in Leesburg or in Frederick, Maryland. The Town master plan called for development around the airport but no one had done anything at that time. There was no Exxon station, no Chick-fil-A, no Wynwood childcare, no EIT building, no Poet's Walk memory care facility, no Dunkin Donuts. There was nothing in Compass Creek, no Ion training facility, no Walmart, no At Home, and no Microsoft. You see, somebody always has to be first. Someone has to have the ability to look into the future and envision what quality of life we want in our County seat and in our County. Someone has to be a pioneer like K2M was. It's never easy and it's never popular.Yet K2M took a risk.We put our headquarters there, the economic benefits of the Town and the resulting cascade of development by the airport has been transformative. Fortunately, the Town has a brilliant vision of what we want to be. It's outlined in the master plan. The future of the Crescent District is not a 1950 strip mall. It's a walkable livable green redevelopment that fulfills the master plan goals and the Town's professional staff recommendation.As a Town,we cannot afford a repeat of the Berber& Ross property within the Crescent District. This project supports and achieves all the goals outlined in the master plan. I urge you all to be pioneers and support the Virginia Village redevelopment. The social and economic benefits of the Town over the next 20 years will be immense. Mayor Burk: Thank you, Mr. McDonald. Cheri Garvin followed by,well, Bruce Roberts, but you already spoke, Bruce. You've signed up twice. Cheri Garvin: He wants to come again. Mayor Burk: I'm not going to let you talk twice. Sherry Garvin: Good evening, Mayor Burk, Council Members. My name is Cheri Garvin, G-A-R-V-I- N. I'm a pharmacist and the owner of the Compounding Center Pharmacy located in Virginia Village Shopping Center. That's not my only connection to Virginia Village. My parents owned the Ben Franklin store. I literally grew up on that corner. I've seen a lot of change in Virginia Village over the years. I don't know if you guys remember the Red Horse Inn, High's Dairy Store, Ken's Video Den. The key here is change and it's time. The Shopping Center is old and really needs an update. Keane Enterprises has put forth a beautiful proposal and has worked with the Town to ensure it meets all requirements. The designs really are fantastic. We've all seen those tonight. That whole corner is going to be unrecognizable when it's finished. The plans allow for substantial green space and Page 33 I November 23, 2021 walkability. There's also a mix of housing,which is desperately needed and we've heard that tonight. Of my 40 employees, 5 of us live in Leesburg. It would be really great if they did not have to commute from outlying areas. The other thing that I am very excited about is the traffic light and crosswalk to the post office.We service patients from New York to Florida and ship out over 100 packages a day. My shipping coordinator drives across the street to the post office because it's too dangerous to walk across Catoctin Circle.Well, I did not stray very far from Virginia Village as I grew up. It's still in my neighborhood. I live on Old English Court right around the corner, and I'm very excited to see all the changes that are happening in and around downtown. The Virginia Village redevelopment project is a good fit for the Crescent District's plans and it will ensure a successful residential and business complex adjacent to our thriving downtown. I appreciate the opportunity to share my views tonight and ask that you please approve the Virginia Village zoning application so that this project can finally move forward. Thank you and happy Thanksgiving. Mayor Burk: Thank you. Thanks, Ms. Garvin. Joan Rust is followed by Keith Reeve. There you are. Joan Rust: Good evening, Mayor,Vice Mayor, and Council Members. My name is Joan Rust and I'm here to represent Carl Gustafson and his company Fianna Investments with their offices at 15 North King Street. Fianna is the owner of multiple commercial parcels in the historic district of the Town. Some with frontage on North King Street and some with frontage on West Market Street. Fianna has been at landowner in Leesburg since early 1997. Joined by Carrie Gustafson, one of the owners of a very successful Lightfoot restaurant on North King Street and a member of Fianna Investments. Mr. Gustafson would like to offer the following letter in support of the proposed Virginia Village project. If anyone would like a copy I have multiple copies. Mayor Burk:We all have copies of the letter. Thank you. Joan Rust: I think everyone does have it. Dear Mayor Burk and Council Members, I am writing each of you in support of the Virginia Village development project that will be heard at your meeting of November 23rd, 2021 tonight.After the passing of my son, Scott, I was seeking advice on how to proceed with our property development in the historic district. I contacted an old and trusted friend with an extensive background in the real estate industry. He introduced me to Brian Cullen,the principal of Keane Enterprises, as someone with knowledge, experience, and integrity that he thought would be helpful to me and my family. Interestingly that early in his career, my friend was Brian's boss. Over the next few years, I met with Brian on a regular basis. Everything that I was told about Brian proved absolutely true. Much to my chagrin when the Virginia Village project began, I knew Brian would be very busy for the next few years and I would have to seek another developer. I have followed closely the approach of Keane Enterprises as used in the development of his plans and especially how he has involved all interested parties. Bottom line, I think it is a role model for anyone in this field. For the record, I would like to state that I have no direct or indirect financial interest in the project. I would also like to share my recent experience.A number of quality developers passed on our project claiming given the size, relative to the time, cost and energy required to obtain approvals in Leesburg, they were not interested. More than one described the process as heavy lifting. This is not a positive Leesburg reputation. Tonight you have the opportunity to do something about this.This is an old outdated center that will be turned into a-- Mayor Burk: Thank you, Ms. Rust.We do have a copy of the letter so thank you very much. Joan Rust: Thank you. Mayor Burk: Mr. Reeve followed by Mr. Sisley. Keith Reeve: Once again, good evening, ladies and gentlemen. My name is Keith Reeve, resident of Leesburg, as well as one of the appointed Commissioners on the Planning Commission. I am thankful to be here today to be able to speak on Virginia Village not only as a resident but also as a Planning Commissioner. Out of the three parcels that were put together, the Planning Commission voted on Page 34 I November 23,2021 two for approval, one at a time. The devil is in the details. I ask you to raise your hand if you were there for the last four months of every single Planning Commission [unintelligible] all of these items. If you weren't there, then you will, if you want to go back and take a look at how much time and energy was put into this. I am in favor of something changing at Virginia Village. I like most of what has been put together in this package. There's five items that could use to be better for the benefit of every Leesburg resident downtown. I would love to be able to get together with Town Council as well as the applicant to work out those issues. Once again, I do thank Mr. Cullen for bringing this forward and putting the time and energy into it. If we can work out those five problems, I'll tell you what, I'd be the first person to jump up and down and be there at the groundbreaking. Thank you very much. Mayor Burk: Thank you, Mr. Reeve. Mr. Sisley, followed by Mr. Ben Carpenter. Jim Sisley: Madam Mayor, Members of the Council, it's nice to see you. In 2003, I filed with the State of Virginia for a 501C3 that eventually came into existence. It's called Leesburg Crossroads.We worked with the Town of Leesburg on a Main Street program. 2003 now these days seems ages and ages ago, and all the work that was done and the money spent by both the Town and the money raised by Leesburg Crossroads was spent on economic development. Primarily and really singularly the focus was on downtown Leesburg. Uniformly almost completely every single retail merchant business owner in downtown at the time really needed additional feet on the street.We worked very hard with Marantha Edwards,the then manager of the Town's Economic Development Commission to put together programs to focus on design and to make sure that the tenants that were in the historic buildings had their best opportunity to be a success.We created an organization.We worked through concepts of economic restructuring. What you're seeing today is the outcome of much of that work. Economic Development applies stimulus. Sometimes it takes, sometimes it doesn't, but when it takes it generally takes quite a bit of time. Our Town today is vastly different than it was in 2003.As a matter of fact, since 2003 there have been times when the downtown merchants and the Town, in general, more broadly felt, I think, a lot of economic down pressure. There have been people that I have as a real estate professional put in buildings they couldn't stay there. They were unsuccessful. Primary reason is feet on the street. The number of people that would walk in downtown, pull dollars out of their pocket and give it to a retail merchant. That money flows from the tenant,the retail merchant, into the hands of the building owner. The building owner is able to better maintain the building and therefore our wonderfully preserved downtown is broadly recognized as one of the best-preserved in all of the country. Short story is I'm in favor of and I request tonight that you approve the redevelopment of Leesburg Village primarily for economic development reasons and to assist in achieving the vision that we set about so long ago, and that was to bring additional people into downtown so that our historic buildings could be better preserved and we continue to be one of the bests in the historically preserved communities in the country. Thank you very much. Mayor Burk: Thank you, Mr. Sisley. Ben Carpenter,followed by Gary Dennis. Ben Carpenter: Good evening. My name is Ben Carpenter. I'm a project manager with Carpenter Beech Construction and Local Wood. I also represent the ownership of The Branch Bowling Alley and Restaurant. Our businesses are members of Visit Loudoun and the Loudoun County Chamber of Commerce. I've lived in the Virginia Knolls community of Leesburg the last two years and in Loudoun County my entire life. I'm here to voice my support for the redevelopment of Virginia Village Shopping Center from both a personal and business standpoint. As a nearby resident, the additional amenities and retail spaces will be of great benefit to me as they're within walking distance from my home. The proposed open spaces and natural amenities would continue to beautify Harrison Street and Catoctin Circle, both areas that I frequently walk or bike.Additionally, this needed redevelopment in the Crescent District will complement other recent projects like Ketterman's, Crescent Place and The Branch, continuing a trend to bring in high-quality local businesses into the Crescent District. I urge the Town to fully support this needed project. Thank you for your time. Page 35 I November 23, 2021 Mayor Burk: Thank you. I had lunch at The Branch today. Very good. Gary Dennis is our last speaker for tonight. Is Mr. Dennis still here? Is there anybody that did not sign up that would like to speak at this point? Please come forward and give your name and address for the record. Mark Pillor: Good evening, Madam Mayor, and distinguished members of the Town Council. My name is Mark Pillor. I'm a here as a new resident to Leesburg on 609 Cranwell. I grew up not far in Ashburn and I've recently moved my young family back to Northern Virginia.After living in Scottsdale, Arizona for 10 years and Pittsburgh for about 4 years,this time away gave me a new perspective about being from Loudoun County. A deep sense of appreciation had grown in me about the area's ability to handle and sustain significant population and economic growth,which I believe has ultimately led to more opportunity, influence and prosperity for its citizens. I would like to see that continue in Leesburg. Today there appears to be a lack of new development in entry-level homes, affordable housing and workforce housing. Not to put a date on myself but, in fact, today I learned that the last apartment built within Catoctin [unintelligible]was the year I was born, 33 years ago. There seems to be an abundant,just too much commercial real estate in need of a 21st Century update. I believe this project,the redevelopment at Virginia Village may directly help the situation. I suspect not only will this project help keep our intergenerational population close, but its commercial real estate footprint will contribute much of the capital necessary to support the new folks moving to Leesburg that we do want here. Let's continue the tradition that we have earned here in Northern Virginia.A reputation for which we have established nationwide of being able to handle that kind of economic growth. Thank you. Mayor Burk: Thank you very much, Mr.was it Fuller?Your last-- Mark Pillor: Pillor like a post. Mayor Burk: P-I-L-L-A-R. Mark Pillor: O-R. Mayor Burk: O-R. Okay, thank you. Is there anyone else that did not get the chance to sign up that wanted to speak? Hello? Donna Torraca: Good evening, my name is Donna Torraca and I live at 801 Cattail Lane Northeast in Leesburg. I've been a resident of Leesburg for about 30 years. I'm here tonight to support the Virginia Village application before you this evening. Keane Enterprises has put a thoughtful and quality development together that complies with the Town of Leesburg Crescent District regulations. The application before you this evening provides for a walkable community with affordable housing and community gathering spaces for all. This is an opportunity to provide Leesburg with a live, work, play community that is needed within the Town particularly with affordable housing component. By providing performance art areas, play areas and public art opportunities and retaining areas for the farmers' market, I feel this will be a great addition to Leesburg. I urge you after further review to support the application. Thank you. Mayor Burk: It might be a good place for public art.All right, is there anyone else that would like to speak at this point that has not had the opportunity?That being the case then, I will close this public hearing. Is there a motion that someone, yes, Mr. Bagdasarian? Council Member Bagdasarian:Yes, I'd like to move that rezoning application TLZM-2019-001 Virginia Village be forwarded to a Work Session for further consideration to address any outstanding issues identified by Town Council. Council Member Nacy: Should we include all three? Mayor Burk: Yes, include all three. Page 36 I November 23,2021 Council Member Bagdasarian: You got an agenda? Oh,well thank you. Okay, I'm learning. Still the newbie. Okay, all three?The first is TLTA-2019-0001 Virginia Village. The second is a rezoning TLZM-2019-001 Virginia Village rezoning, and a TLSE-2020-0004, Virginia Village floodplain alteration. Mayor Burk: Is there a second? Council Member Steinberg: Second. Mayor Burk: Seconded by Council Member Steinberg. Any comments or concerns at this point? Council Member Fox: This quick comment,would it be useful if we had a joint session with the Planning Commission for the Work Session? Mayor Burk: Well, I can only speak for myself, but at this point, I would prefer that we meet and talk about it at the Work Session ourselves. Most certainly meeting with our Planning Commissioners would be a very good idea, I would think.We asked the Town Manager to block off the session, so it is only about Virginia Village. The Work Session will not have any other topic that night so we can spend a fair amount of time on it. Anybody else?All in favor indicate by saying, 'Aye.' Opposed? Mr. Martinez. Vice Mayor Martinez: I was trying to comment but I didn't hit the unmute button. Mayor Burk: Okay, if you want to comment, please go ahead. Vice Mayor Martinez:Well, I wanted to ask Brian Cullen,when he was talking about the phases, I wanted to reiterate that even though the project is going to last 10 years from start to finish, at most, during the phasing, pieces of property will still be able to be used. In other words, if he does finish this phase one whatever's done in phase one will be, I guess you could call it operational. Mayor Burk:Will the rest of the shopping center be in operation? Brian Cullen:Yes, Councilman Martinez. I will be happy to Work Session to give you a complete briefing on the phasing and how it works through each phase of it, but yes, stuff will be operational while we're developing phase one. Vice Mayor Martinez: Then phase two and phase three. Mayor Burk: There's no three. Vice Mayor Martinez: In other words,what I'm trying to say is,when you start phase one,that doesn't mean that you're not going to be able to do anything until the last phase is done.You are going to be able to implement certain things throughout the phases so that it's not a one grand opening. Brian Cullen: Yes, I think we'll have to phase it just because they have leases in certain parts of the building in phase two that can't get out of right now.Yes, I'll walk through the phasing in detail. I know it's an important issue. Vice Mayor Martinez: All right,well,thank you, Mr. Cullen. I also vote'aye'. Mayor Burk: Okay,that passes 7-0. This will go to the Work Session, Mr. Dentler,what date? Kaj Dentler: December 131h Mayor Burk: December 13"'. Okay, and as I said, it will be dedicated exclusively to this topic. Thank you, all, very much for coming. I appreciate the input. It's very exciting to see so many people here. Okay, all right, Council with disclosures and comments, Mr. Bagdasarian? [crosstalk] Excuse me, I'm sorry, the meeting is still going on. Could you please leave quietly?Thank you. Mr. Bagdasarian. Page 37 I November 23, 2021 Council Member Bagdasarian: Okay,just a few disclosures. I met with David Gregory regarding the potential housing project opportunity on his property. Spoke with Paula Sorrell and George Mason regarding the MEC and long-term plans and our position with that, and that's it, thank you. Mayor Burk: Okay, Ms. Nacy? Council Member Nacy:All right,thank you. I have a disclosure. I met with Brian Cullen and Sasha Brauer on the Virginia Village application, and then I wanted to add to a future agenda the motion to rescind motion 2021-154. I just wanted to make the comment that I hope everybody has a happy Thanksgiving and safe travels if you're going anywhere. Mayor Burk: Thank you. Ms. Fox. Council Member Fox: One disclosure. I had some email communications this past week with Sasha Brauer from the Virginia Village application. I wanted to ask about some sort of update. I know we sent a letter, but what kind of update do we have as far as the trailer park issue that we have in front of us? In a form of a memo. I just want to know where we are. One other thing, I think Miss Nacy alluded to this, but I wanted to go ahead and rescind the resolution, but add it to the 12-14-21 regular meeting. That would be the only difference. I also want to wish everybody happy Thanksgiving. Mayor Burk:All right, Mr. Steinberg. Council Member Steinberg: Yes, a disclosure. I had a meeting with Brian Cullen of Keane Enterprises, and that's it. Happy Thanksgiving, everyone. Mayor Burk: Okay, Mr. Cummings. Council Member Cummings: Just one disclosure. I also met with Mr. Cullen and his team to discuss the Virginia Village redevelopment and just happy Thanksgiving. Mayor Burk: Mr. Cullen was very busy because I also met with him on October 19th to talk about the Village of Leesburg application. On October 10th, I want to thank the second graders at Cool Springs Elementary School that asked me to come in and talk to them about what it means to be the Mayor. I have no doubt that a number of them will be future mayors at some point.What a bright group. It was very exciting to be there. I want to thank George Marshall International Foundation for holding their annual Veterans Day program. As always it's a great event and well attended and appreciate the opportunity to be there. I also, that night,went to the rededication of the World War I Memorial, where they took the names that had been separated,the African American soldiers, and put them by alphabetical order. It was very exciting and there were family members there that never thought they would see that that day come. That was wonderful to be able to participate in that. October 12th,we rededicated the Safeway. If you have not been into the Safeway, you need to go into the Safeway. It's quite updated and,it's a wonderful place to shop. I hope people will take the opportunity to see the updated Safeway. On October 13th I joined Supervisor Umstattd to participate in giving the keys to the family Habitat for Humanity that makes these homes available to families in need. It's always so exciting to be there and to see them take the keys and walk into their house for the first time, knowing that it's theirs. Thanks to all the members of the Habitat for all that they do. On the 15th, I met with the Coalition of Mayors, I said,where we did the redistricting map. October 20th, staff did a great job at Freeze Your Gizzard. It's always amazes me that people want to get out that early and run because I just want to stay in bed, but they're out there running. It was great to welcome them, and the kids that came out to run with their parents for the one mile was just really warm to see that, and it was a great event. I want to thank staff for all their hard work. That was followed by the tree lighting at the Village of Leesburg that evening, and that was another wonderful event. They raised money and took donations for Loudoun Hunger Relief.The number of people that have been served by Loudoun Hunger Relief on a weekly basis is just outstanding. These volunteers are working there every single day so I want to thank all of them and the Village of Leesburg for inviting me to come and participate. October 22nd,we welcomed Primrose School. The Page 38 I November 23, 2021 Halls are opening this and they're ready to provide services from six-week-old children to kindergarteners. What a great new facility. It's very exciting that it's here. I'm looking forward to the opening of the Morven Park light show on November 26th and December 5th is the Christmas ice show at Ion. I want to thank everyone that came out to speak both at the petitioner section and at the public hearing and I want to wish everybody a very happy Thanksgiving. Chris Spera: [unintelligible] Mayor Burk: Oh, I forgot about you Marty. Chris Spera: He still there? Mayor Burk: Do you believe that? Vice Mayor Martinez: No, not me, I'm still here. Mayor Burk: Do you have any disclosures? Vice Mayor Martinez: Yes, I did, I also met with Keane Enterprises, Brian Cullen and Associates, and also, at that meeting was Walsh Colucci, their representatives. I did meet with them and Eileen has my disclosure form. I wish everybody a happy Thanksgiving and as far as safe traveling I made it. Mayor Burk: Great, glad to hear it. Council Member Fox: Madam Mayor, may I ask a quick question before we adjourn? Mayor Burk:A quick question? Council Member Fox:Yes, sorry. I was wondering about any changes in proffers between when the Planning Commission makes a determination when it comes to Council. I feel like we have had some sort of conversation about if there were changes in proffers that it must go back to the Planning Commission. Did I misunderstand that? I can't remember that exact conversation. Mayor Burk: I think if there's substantial changes in it, in those proffers, it most certainly has to go back, but I think we'd have to look up. I don't remember us saying that it would have to go back if there was any changes. Council Member Fox: Okay, the reason I ask is in that conversation, one of the emails with Sasha Brauer, she asked me to come see her and I couldn't. I said if there were any substantial changes and she gave me a list. I'm just wondering where we would land on that. Mayor Burk: Could we research that, could we find out? Chris Spera: It would be helpful to me if maybe you could forward me the list of the changes and then I'll get you an answer and I'll email it to the entirety of Council. Council Member Fox: Thank you, I just seem to remember that. Mayor Burk: That, Ms. Fox, if you want to bring that up at the session,the Work Session, most certainly we can talk about it in there. Is there a motion to adjourn? Council Member Steinberg: So moved. Mayor Burk: Second? Council Member Bagdasarian: Second. Mayor Burk:All in favor. Page 39 I November 23, 2021 All:Aye. Mayor Burk: Opposed?All right, everybody. They left you. Page 40 I November 23, 2021