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HomeMy Public PortalAbout2022_tcmin1213 COUNCIL MEETING December 13, 2022 Council Chamber, 25 West Market Street, 7.00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Zach Cummings, Suzanne Fox (joined at 7:09 p.m.), Vice Mayor Marty Martinez (arrived at 7:01 p.m.), 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 Finance and Administrative Services Clark Case, Director of Utilities Amy Wyks, Director of Planning& Zoning James David, Deputy Director of Planning& Zoning Brian Boucher, Deputy Director of Finance and Administrative Services and Treasurer Lisa Haley, Deputy Director of Finance and Administrative Services and Controller Diane Starkey, Deputy Director of Utilities Brian Stone, Deputy Director of Information Technology John Callahan, Deputy Town Attorney Christine Newton, Department of Plan Review Senior Engineer Eric Meske, Planning& Zoning Senior Planning Project Manager Scott Parker, Public Works Transportation Engineer Calvin Grow, Public Works Senior Engineer Karin Franklin, Parks and Recreation Events Coordinator Lesley Green 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 Council Member Cummings. 4. ROLL CALL a. Electronic Participation for Council Member Fox and Council Member Nacv Council Member Fox requested to participate electronically in the December 13, 2022, Council Meeting as she was traveling out of town. Council Member Nacy requested to participate electronically in the December 13, 2022, Council Meeting due to health- related issues. Mayor Burk, Vice Mayor Martinez, Council Member Bagdasarian, Council Member Cummings, and Council Member Steinberg were physically present at the meeting. MOTION 2022-220 On a motion by Council Member Cummings, seconded by Council Member Bagdasarian, the following was proposed. To allow Council Member Fox and Council Member Nacy to electronically participate in the December 13, 2022, Town Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg, and Mayor Burk Nay: None Vote: 5-0-1-1 (Council Member Nacv abstain, Council Member Fox absent) 1 I Page COUNCIL MEETING December 13, 2022 5. MINUTES a. Work Session Minutes of November 28, 2022 MOTION2022-221 On a motion by Council Member Bagdasarian, seconded by Council Member Steinberg, the minutes of the Work Session of November 28, 2022, were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Nary, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Fox absent) b. Regular Session Minutes of November 29. 2022 MOTION2022-222 On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the minutes of the Regular Session of November 29, 2022, were moved for approval. The motion was approved by the following vote: Aye: Bagdasanan, Cummings, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Fox absent) 6. ADOPTING THE MEETING AGENDA MOTION2022-223 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting agenda was moved far approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Nary, Steinberg and Mayor Burk Nay: None Vote: 6-0-1(Fox absent) 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. None. 9. PRESENTATIONS a. Trophy Presentation for Best Float in the Holiday Parade Mayor Burk presented the trophy and certificate to Troop 70242 for the best float in the Town's Holiday Parade. Ms. Dana Dunn and Ms. Sheina Salinsky accepted the certificate and trophy on behalf of the troop and the troop leaders and made a few remarks. 2I Page COUNCIL MEETING December 13, 2022 b. Annual Comprehensive Financial Report—Fiscal Year 2022 Finance and Administration Director Clark Case introduced Brown Edwards & Company Manager and CPA Ann Genova. Ms. Genova presented Council with the Annual Comprehensive Financial Report for Fiscal Year 2022. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioner's Section was opened at 7:25 p.m. Sara Howard-O'Brien. Spoke to Council in support of the private mural guidelines on the agenda for approval. The change to the guidelines would allow the Douglass High School Commemorative Committee to submit a mural for the Town's consideration as part of the educational components of the facility Ms. Howard-O'Brien also favorably remarked on the Town's holiday decorations. Dave Butler, Jennings Court. Spoke to Council to say farewell and express his thanks to Vice Mayor Martinez and Council Member Fox for their years of service to the Town and the support he received from each of them during his tenure on Council. Mr. Butler also favorably remarked on the Town's holiday decorations. Helen Vetton. Themis Street. Spoke to Council regarding the;vieadowbrook application. Ms. Vetton's comments are listed with the public hearing comments (item 14.b.). Audrey Carpenter. Spoke to Council to provide an update on the Country Club Green Condominiums HOA Board's election of new officers and notice received that the current property management company was termmating the contract allowing them to secure a local property management company Ms. Carpenter requested Council condemn the Westpark Hotel property due to safety concerns and requested a flashing stop sign at the intersection of the Route 15 exit ramp and Clubhouse Drive. Gladys Burke. Spoke to Council to thank Vice Mayor Martinez for his years of service on Council and support to the community The Petitioner's Section was closed at 7:38 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION 2022-224 On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the following consent agenda was proposed: L 3 I Page COUNCIL MEETING December 13, 2022 a. Change Order for Easement Acquisition Services for Water and Sewer Main Relocation at the Exeter Dam RESOLUTION2022-151 Approving a Change Order in the amount of$98,149 to Whitman, Requardt and Associates, 1 LP for Easement Acquisition Services for the Water and Sanitary Sewer Main Relocation Project b. Town Parking Garage Structural Improvements Protect—Construction Change Order RESOLUTION 2022-152 Authorizing the Town Manager to Execute a Change Order in the amount of$185,000 for Construction of the Town Parking Garage Structural Improvements Project c. Amending 2022 Town Holiday Schedule RESOLUTION2022-153 Amending the Town of Leesburg Holiday Schedule for Calendar Year 2022 to Include a Full Day of Holiday Leave on December 23, 2022 d. Town Manager's Employment Contract 1 MOTION2022-224(same motion as the consent motion) Motion to Approve a 4%Pay Increase for the Town Manager Effective October 4, 2022, as Additional Compensation in Accordance with the Town Manager's Contract e. Town Attorneys Employment Contract MOTION2022-224(same motion as the consent motion) Motion to Approve a 3%Pay Increase for the Town Attorney Effective August 17, 2022, as Additional Compensation in Accordance with the Town Attorney's Contract f. Board ofZoning Appeals Appointee to the Circuit Court RESOLUTION2022-154 Recommending Appointment of Board of Zoning Appeals Appointee to the Circuit Court 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 L 4 1 Page COUNCIL MEETING December 13, 2022 13. RESOLUTIONS /ORDINANCES / MOTIONS a Revision of Public Art Guidelines and Private Property Mural Pilot Program Guidelines MOTION On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the following was proposed: I move to approve the proposed Resolution Approving the Revised Public An Guidelines and Private Property Mural Pilot Program Guidelines. RESOLUTION Approving the Revised Public Art Guidelines and Private Property Mural Pilot Program Guidelines Mayor Burk requested a friendly amendment to the proposed private mural program to limit it to non-residential areas. The amendment was accepted by Vice Mayor Martinez and Council Member Bagdasarian. MOTION2022-225 On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the following was proposed: I move to approve the proposed Resolution Approving the Revised Public Art Guidelines and Private Property Mural Pilot Program Guidelines, as amended. RESOLUTION 2022-155 Approving the Revised Public Art Guidelines and Private Property Mural Pilot Program Guidelines The motion was approved by the following vote: Aye: Bagdasanan, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg, and Mayor Burk Nay: None Vote: 7-0 14. PUBLIC HEARINGS a. Batch Amendments to the Town Code The Public Hearing was opened at 7.40 p.m. Ms. Christine Newton presented the proposed Town Code amendments to the following sections: Chapter 2 -Administration - Contracts and purchase orders; Chapter 20 -Licenses, Taxation and Miscellaneous Regulations, Delinquent Tax List, BPOL and Zoning Compliance; Chapter 32 -Traffic and Vehicles -Metered Parking and Snow Emergencies: and, Appendix B-Setting the fee for storage of aircraft after expiration or 5 I Page COUNCIL MEETING December 13, 2022 termination of leases. Technical amendments include repealing outdated and incomplete Appendix A-Franchises, and to correct a technical error in Section 6-22 (Airport commercial operator fees). Ms. Newton also noted the hearing includes a proposed resolution to adopt the paid parking zone map in accordance with the new language of Section 32-173, and that the proposed map adopts the existing paid parking zones. Council and staff discussed the proposed amendments. Public Speakers: There were no speakers wishing to address this public hearing. The public hearing was closed at 7:55 p.m. MOTION 2022-226 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: I move to approve the proposed Ordinance Amending the Town Code. ORDINANCE 2022-0-029 Amending Town Code 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 MOTION 2022-227 On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the following was proposed I move to approve the proposed Resolution adopting the paid parking zone map pursuant to Town Code Section 32-173. RESOLUTION2022-156 Adopting Paid Parking Zone Map Pursuant to Town Code Section 32-173 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 61 Page COUNCIL MEETING December 13, 2022 b. TLZM-2021-0002 Meadowbrook Neighborhood Center and TLSE-2021-0002 Meadowbrook Service Station and Car Wash The Public Hearing was opened at 7.57 p.m. Mr. Scott Parker presented Council with TLZM-2021-0002 amending the Zoning Map to rezone 23.56 acres from R-1, to PRN, B-3 and Gateway District (Overlay), subject to a Concept Plan and Proffers and TLSE-2021-0002, a Special Exception request for approval of a gas station and a car wash on the parcel seeking rezoning to B-3. Mr. Parker's presentation included Planning Commission recommendations, staff recommendations, the concept plan, proffers, open spaces and amenities, parking, school impacts, transportation, stormwater management, fiscal impact analysis, project phasing, affordable dwelling units and the coordination and right-of-way for the Town's Evergreen Mill Road widening project. Ms Karin Franklin provided information regarding the status and timing of the Evergreen Mill Road widening project. Mr. Parker reviewed the Special Exception application for a gas station and car wash and explained to Council that with approval of the rezoning the parcel would be zoned B-3 even if the Special Exception was denied allowing for other by-right uses in the B-3. Bruce DeAtley for the Applicant provided Council with an overview of the project from the last submission of 200,000 square feet of commercial development to the current application of 34,000 square feet of commercial development. The current application includes a townhouse component and extensive community amenities. Mr. DeAtley reviewed the changes to the current submission from the last including transportation improvements, pedestrian connectivity, streetscape improvements and amenities. Mr. DeAtley shared why the applicant believes the gas station and car wash are a viable use. Council, staff and the applicant discussed the applications. Public Speakers: Helen Vettori, Themis Street: Spoke to Council to request denial of the Special Exception application to add a gas station, convenience store and car wash on the site. Ms. Vettori noted that the electric automobile trend is going to minimize the need for gas stations in the future. (Ms. Vettori's comments were provided during the Petitioner's Section.) Audrey Carpenter. Spoke to Council to request denial of the rezoning application as the addition of more residential units will impact the already problematic traffic congestion in the area. Ms Carpenter also noted that her Country Club Green Condominium Association was not contacted by the Applicant for input. Scott Turner, Kalaris Place. Spoke to Council to request denial of the Special Exception application to add a gas station, convenience store and car wash on the site due to the proximity of alternative gas stations and car washes in the area. 7 1 Page COUNCIL MEETING December 13, 2022 Suzanne Larry Spoke to Council about density concerns. She would prefer to see a nice hotel on the site. Ronnie Harris. Spoke to Council to request denial of the Special Exception application to add a gas station, convenience store and car wash on the site. Labilow Conteh. Spoke to Council to request denial of the Special Exception application to add a gas station, convenience store and car wash on the site and the safety concerns of the site being near the community clubhouse and effects on pedestrian traffic. Mr. Conteh also expressed concerns regarding the notification process as Van Metre still has control of the HOA and the notice for the public hearing was received by the builder, not the residents. Mayor Burk noted that Ms. Ann Jansen, Balch Springs Circle requested that her correspondence to deny the Meadowbrook Special Exception application be included in the official public comment record. A copy of Ms. Jansen's email will be included as part of the formal minutes. The public hearing was closed at 8:39 p.m. Council and staff discussed the rezoning and special exception applications as well as the Evergreen Mill Road widening project and the Applicant's desire to build a continuum of care facility on the open space once the Zoning Ordinance is amended to allow this combined use in the Town. MOTION 2022-228 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: I move to approve the proposed Ordinance approving rezoning application TLZM-2011-0002, including the Concept Plan revised through November 30, 2022, and the proffers dated November 30, 2022, based on finding that the rezoning is compatible with neighboring properties consistent with the applicable regulations of the Legacy Leesburg Town Plan and Town of Leesburg Zoning Ordinance and is consistent with the protection of the health, safety, welfare and convenience of the community. ORDINANCE 2022-0-026 Approving TLZM-2021-0002, Meadowbrook Neighborhood Center, to Rezone 23.56 Acres from R-1, Single Family Residential to PRN, Planned Residential Neighborhood and B-3, Community Retail/Commercial The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Steinberg Nay: Nacy and Mayor Burk Vote: 5-2 8 I Page COUNCIL MEETING December 13, 2022 MOTION The motion by Vice Mayor Martinez to approve the following resolution failed for a lack ofa second. I move to approve the proposed Resolution, approving special exception application TLSE- 2021-0002, Meadowbrook Service Station and Car Wash, with conditions, based on finding that the proposed use is compatible with neighboring properties, consistent with the applicable regulations of the Legacy Leesburg Town Plan and Town of Leesburg Zoning Ordinance, and is consistent with the protection of the health, safety, welfare, and convenience of the community. RESOLUTION Approving TLSE-2021-0002, Meadowbrook Neighborhood Center, to Allow for a Service Station with Convenience Store of 5,000 Square Feet and a Car Wash of 1,450 Square Feet, Subject to Conditions MOTION2022-229 On a motion by Council Member Steinberg, seconded by Council Member Cummings, the following was proposed: I move to deny the proposed resolution based on the finding that the proposed use is not consistent with the applicable regulations of the Legacy Leesburg Town Plan and Town of Leesburg Zoning Ordinance. RESOLUTION Approving TLSE-2021-0002, Meadowbrook Neighborhood Center, to Allow for a Service Station with Convenience Store of5,000 Square Feet and a Car Wash of 1,450 Square Feet, Subject to Conditions The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg and Mayor Burk Nay: Vice Mayor Martinez Vote: 6-1 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Fox disclosed she met with Mr. Peter Kalaris regarding the Meadowbrook applications. Ms. Fox thanked everyone and said her farewell as a Council Member noting she enjoyed working with everyone through the years. She also appreciated Mr. Dave Butler making his remarks during the Petitioner's Section. 9I Page COUNCIL MEETING December 13, 2022 Council Member Fox left the meeting at 9:23 p.m. Council Member Nacy wished everyone a happy holiday Ms. Nacy said goodbye to Vice Mayor Martinez and Council Member Fox and thanked them for their years of service to Leesburg. Council Member Steinberg wished everyone happy holidays. Council Member Cummings disclosed he met with Mr. Peter Kalaris regarding Meadowbrook. Mr. Cummings said he enjoyed working with both Vice Mayor Martinez and Council Member Fox and looked forward to seeing them around Town. Mr. Cummings wished everyone a great Christmas, great Hanukkah and a Happy New Year. Council Member Bagdasarian disclosed he met with Mr. Peter Kalaris regarding the Meadowbrook applications. Mr. Bagdasarian expressed his appreciation to Vice Mayor Martinez and Council Member Fox and noted he enjoyed working with both and wished them the best. Mr. Bagdasarian wished everyone happy holidays. Mr. Bagdasarian requested two proclamations. One for Mr. Paul Reimers and another for Mr. Don Chapman. It was the consensus of Council to add these proclamations to the January meetings. Vice Mayor Martinez said farewell to Council and thanked everyone for their support over the last 20 years. Mr. Martinez noted how pleased he was with the tremendous strides the Town made during his tenure on Council. Vice Mayor Martinez shared his experiences serving Leesburg at the local level and encouraged everyone to get involved with local politics. Mr. Martinez said he was proud of his work and said it was one of the most satisfying things he has ever done in his life. Mr. Martinez thanked Mr. Dave Butler and Ms. Gladys Burke for their comments. Mr. Martinez thanked the Town for his farewell reception and told Transportation Engineer Calvin Grow he enjoyed working with him and wished him luck in his upcoming retirement. Mr. Martinez thanked Mr. Dentler, Mr. Spera and Ms. Boeing as well as his fellow Council Members and the Mayor 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk welcomed the Birch Tree Bookstore to their new location at 11 West Market Street. Mayor Burk said the tree lighting on December 2 was very well done and thanked the Council Members who attended as well as staff for putting it together. Mayor Burk said Council Members Cummings, Steinberg and Bagdasarian helped her cut the ribbon on the private property mural at the Virginia Village Shopping Center. Mayor Burk welcomed Elite Brows located at the old Walmart location to Leesburg. Mayor Burk congratulated the George C Marshall House for their tree ceremony where trees are decorated for every country that accepted help through the Marshall Plan. Mayor Burk said on December 6 SimplyBe Coffee held a Coffee with the Cops event. Mayor Burk attended the groundbreakmg of the Church and Market Street project on December 7 Mayor Burk shared that on December 8, the Leesburg Diner and its owner Mr. Mike O'Connor held the Annual Shop with the Cops and the restaurant provided the dinners and the Officers took the kids to Target where they each had $250 to spend on their family holiday 10 I Page COUNCIL MEETING December 13, 2022 gifts. She thanked the Police for raising the money for the gifts and to Mr. O'Connor and the Leesburg Diner for the dinner. Mayor Burk said Jingle Jam was back this year for the first time in two years and thanked Mr. Cal Everett and Mr. Todd Wright for organizing it. Mayor Burk said the Holiday Parade was another great event and thanked the Parks and Recreation and Streets staff for their work. Mayor Burk said she, Council Member Cummings, Loudoun County Commissioner of Revenue Robert Wertz and Delegate David Reid attended the ribbon cutting for the new DMV on Fort Evans Road. Mayor Burk noted this was the last Council Meeting of the year. She congratulated Council Member Steinberg on his reelection and gave best wishes to Council Member Fox and to Vice Mayor Martinez on his effort to become a State Delegate Mayor Burk said they will welcome their new Council Members in January She wished everyone a Merry Christmas, Happy Hanukkah, Happy Kwanzaa and happy holidays to everybody 19. TOWN MANAGER COMMENTS On behalf of himself and Town Attorney Chris Spera, Mr. Dentler thanked Council for their continued support. Mr. Dentler said looking ahead to the new year and the new Council, staff was looking to schedule a Council Retreat in January Mr. Dentler thanked Vice Mayor Martinez and Council Member Fox for their many years of service to Leesburg and wished them all the best moving forward. Mr. Dentler wished everyone happy holidays. 20. CLOSED SESSION a. Pending Annexation with the Respect to the Joint Land Management Area MOTION2022-230 On a motion by Mayor Burk, seconded by Council Member Nary, the following was proposed: I move pursuant to Va. Code Section§2.2-3711(A)(8)and§2.2-3711(A)(3)of the Code of Virginia that the Leesburg Town Council convene in a closed meeting for the purpose of consultation with legal counsel and briefings by staff members regarding specific legal matters related to the pending annexation in the JLMA where such consultation in open session would adversely affect the negotiating or litigating posture of the Town. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Fox absent) Vice Mayor Martinez left the meeting at 9:33 p.m. and did not attend the closed session. Council convened in a closed session at 9:33 p.m. Council convened in an open session at 10:10 p.m. L 11 1 Page COUNCIL MEETING December 13, 2022 MOTION 2022-231 On a motion by Mayor Burk, the following was proposed: In accordance with Section§2.2-3712 of the Code of Virginia, I move that Council certify to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under Virginia Freedom of Infirmation Act and such public business matters for the purpose identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. (ROLL CALL VOTE) Steinberg—aye, Cummings—aye, Nary—aye, Bagdasarian—aye, Mayor Burk—aye. Vote 5-0-2(Vice Mayor Martinez, Fox absent) 21. ADJOURNMENT On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting was adjourned at 10:11 p.m. Kelly rk, ayor Town of Leesburg ATTEST e . Clerk of Council 2022 tcmin 1213 L 12 I Page December 13, 2022—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: All right I would like to call tonight's December 131h, 2022, Town Council meeting If anyone in the room needs hearing assistance, please see the Clerk. Council Member Nacy will be giving the invocation, and Council Member Cummings will be doing the Pledge of Allegiance Council Member Nacy,would you like to begin with the invocation? Council Member Kari Nacy: Thank you Everyone, please Join me in prayer Heavenly Father, we come to you today asking for your guidance, wisdom, and support As we begin this meeting, help us to engage in meaningful discussion Allow us to grow closer as a group and nurture the bonds of our community and be with those during this holiday season who may need extra love and care Amen Mayor Burk: Mr Cummings All: [reciting Pledge of Allegiance] Mayor Burk: Let the record reflect that Mr Steinberg, Mr Cummings, Ms Burk, and Mr Bagdasanan are present in the Council Chamber. I do need a motion to allow Council Member Fox and Council Member Nacy to electronically participate in this December 131h meeting Council Member Zach Cummings: So moved Mayor Burt Moved by Council Member Cummings Second Council Member Ara Bagdasarian: I'll second Mayor Burk: Seconded by Council Member Bagdasanan All in favor indicate by saying, Aye Members:Aye Mayor Burk: Opposed?Okay That's going to be 1, 2, 3, 4 Anybody opposed? No Four Chris Spero: Mr Martinez. Mayor Burk: He did vote Council Member Bagdasarian: Yes, ma'am Mayor Burt That's 5-0-2 All right I have work session now Council Member Fox and Nacy will be participating electronically Work session minutes of November 289h Do I have a motion? Council Member Bagdasarian: So moved Mayor Burk: So moved by Council Member Bagdasanan Second? Council Member Neil Steinberg: Second Mayor Burk: By Council Member Steinberg All in favor indicate by saying,Aye Members:Aye Mayor Burk: Opposed? Is Ms Fox an? Page 1 [ December 13, 2022 Eileen Boeing: She is not She stepped away temporarily and will be reconnected shortly Mayor Burk: Okay 1, 2, 3, 4, 5 No, 6, because we have her 6-0-1 Regular session minutes of the November 291h, 2022 Vice Mayor Martinez. Second Council Member Cummings: Second Mayor Burk: Council Member Cummings All in favor?Opposed That's 6-0-1 At this point, do I have a motion to adopt the agenda? Moved by Vice Mayor Martinez Seconded by Council Member Steinberg Anybody want anything added or deleted? Seeing no one, all in favor indicate by saying, Aye Members: Aye Mayor Burk:Opposed That is 6-0-1 We have no certificates or proclamations,but we do have-tonight we have a trophy presentation Do I have this?Yes For the trophy presentation for the best float in the holiday parade I would like to go down and present this I think troop leader Ms Dunn and Ms. Brown are here with a multitude of little Girl Scouts I look forward to coming down and presenting this in just- right at this minute Hello, ladies Thank you very much for being here Girls, would you like to come up and loin us?Would everybody that participated in this wonderful--What's the matter? Child: I want my mommy Mayor Burk: Okay Mommy's right there Okay Thanks There you go Okay So, girls, come on over here I wanted to give you a recognition from the Town Council Child: Since we winded? Mayor Burk:Since you winded Right Absolutely Tell me,girls,how did you figure out that you wanted to do the float? Girl Scout 1: We lust did what the teacher wanted us to do, and the extras we used to do what we wanted to do Mayor Burk: ,at was your float about? Can anybody tell me what the float was about? Girl Scout 2: It was about--I don't remember what it is about Mayor Burk:You don't know what it was about Girl Scout 3: It was about celebrating for Christmas Mayor Burk:There you go Wasn't it a holiday? Girl Scout 1: Yes Mayor Burk: I'm sorry? Girl Scout 4: [unintelligible] Mayor Burk: Would you like to say something?Anything Not yet Okay How about you? Okay You think about it and we'll come back to you Is that okay?All right I want to let your leaders talk, and they can tell us all about how this happened and how it came about, because it was a lovely float Didn't you guys all see the float and think it was great?Yes Girl Scout 5: My dad built it Mayor Burk: Your dad built it Oh, great Ladies, would you mind giving us some information about your troop or what you do and why you participated this year? Page 2 I December 13, 2022 Dana Dunn: We've actually tried to participate the last few years, but the wind canceled us out last year The troop grew this year, which was really nice, and the [unintelligible] grew. The two troop leaders were actually not able to make it Yes We are the fill in moms, so please forgive us, but we did start the troop about three and a half years ago Started with six girls,and now we have a total of 15 It's been huge They chose snowwomen for this year's theme They had cute hats and everything and a lot of participation from the parents to help build and execute everything [inaudible conversation] Sheina Salinsky: The troop, they worked really hard on doing some community service, especially through the cookie program They learn entrepreneurship,they learn self-confidence,they learn—What else? I didn't know we had to speak. Mayor Burk: It's a good opportunity for them to learn different things Giving back to the community and building friendships Sheina Salinsky: It's a lot of what we do Mayor Burk: Great Here you go That would you like to say' Girl Scout 6: Thank you Mayor Burk: That's all right. Is it Evie?Avery Avery, would you like to take the certificate?Thank you very much Thank you, girls I have patches for you that you can put on your uniforms if you like. Girl Scout 2:Who gets the trophy' Mayor Burk: Who gets the trophy' This trophy, isn't this gorgeous? This trophy here will have your name on it-your troop number Not your name,but your troop number,and it will go in the glass window over there When you come up here and you can look at it, and everybody that'll come up here will see that your troop won this 2022 Isn't that exciting'Yes Here you go, everybody, you can take one You can take one Yes,you can Well,that's okay She can have a patch Mayor Burk: Sure Okay Thank you all You're going to take it home?You have to leave it here Sheina Salinsky: The trophy stays here [inaudible conversation] Mayor Burk: You want to color I bet you can go home and do color All right Thank you, girls Thank you very much for coming [applause] [pause] Mayor Burk: All right [laughs] Next item we have on our agenda is the Annual Comprehensive Financial Report, Fiscal Year 2022 We have Ann Genova,from the CPA Manager, Brown Edwards& Company, and she has asked for an additional five minutes Not 15 But she's asked for 15 minutes in total I know she's here somewhere Is this supposed to be-- Council Member Bagdasarian:Yes, that's for you Mayor Burk:Well, this This is all for me?Okay [pause] Page 3 I December 13,2022 Clark Case: Good evening, Mayor Burk, Vice Mayor Martinez, Members of the Council, members of the public at home and here in the audience My name is Clark Case I'm the Director of Finance and Administrative Services I'm here to introduce Ann Genova,who is the Manager of the Town's audit for Brown Edwards, the Independent Public Auditors of Public Accountants She will be presenting the results of their audit for the fiscal year ending June 3011, 2022. Also here is Diane Starkey, who is the Town's Controller,who is the Town side lead of the team that does the audit work With that, I'm going to turn it over to Ann Ann Genova: Thank you, Clark As Clark said, I'm Ann Genova I'm a Manager, and I'm based in Roanoke, Virginia I'd like to start by thanking Town Council for the opportunity to present on the audit this evening and for the opportunity to serve the Town as the external auditor I'd like to give a special thanks to the Finance Department, especially Diane Starkey, and Bill Felegie for their cooperation and hard work for preparing the audit There are several components to the audit We assist the Town in preparing the financial statements, which is a report that takes the accounting information and presents it in a readable, accessible form for users The acronym is an ACFR I think you've all got a bound copy in front of you If you want to open your ACFR and turn to page one, you can see the opinion on the financial statements Page one Right at the top of page one,you can see very clearly a heading that says Opinion I'm happy to report that we issued an unmodified opinion on the financial statements, which is the best opinion a locality can receive What does an opinion mean? It says that the financial statements were correct in all material respects This indicates reasonable, but not absolute assurance that the financial statements are materially correct Every year the Town files the ACFR with the GFOA- that's the Government Finance Officers Association-for the certificate of achievement for excellence in financial reporting This year,the Town received the certificate again for their FY21 ACFR As you probably noticed, there are several components that I'm going to walk you through tonight There's maybe four pieces What I want to do is flip to the back of the ACFR to page 138 We're going to go all the way to the back In addition to the opinion that you looked at at page one, we also give additional reports One of the reports that you're looking at now is on the Town's compliance requirements related to Federal award programs As you all know, this was a big year for ARPA What you're going to see on page 138 is that we tested the Town's Coronavirus State and local fiscal recovery funds In other words, the acronym we usually call it is ARPA The Town used the funds to cover operating expenditures The Town could have used it in several different ways, and this is one of the ways to cover operating expenditures in the general fund.We are happy to report in our testing that we've had no findings and that's evident an page 138 and onwards Going back to the front of the ARPA, if you want to go to page six, and page seven, let's look at exhibit one and exhibit two Exhibit one and exhibit two is looking at government-wide financials Then we'll doll down to fund level Net position is that big number at the bottom and its increased significantly this year I wanted to unpack and talk about why that is You all had a major project, the NVTA Battlefield Parkway Exchange It's passed through funding and it's been-- the money had been held by VDOT There was last year due from other governments receivable as an asset booked, and there was a corresponding unearned revenue book that netted to zero No impact on that position last year, but this year, this big project that has been going on for years is finally complete and placed into service That's had a huge impact on Net's position this year on exhibit one and two On exhibit two, you can see that change is 36 million That is largely driven by placing this project,this big project into service What does that mean?That means this year revenue and then a corresponding expenditure is running through those government-wide exhibit one and exhibit twos, but also flowing through exhibit three and five, which is the fund level statements for NVTA and PTA is one of the governmental funds You can see these huge numbers flowing through exhibit five The entire project was run through this year The third piece after revenue and expenditures is placing this asset,these streets,and infrastructure assets, placing them into service Now we've got an addition,a huge addition of assets that's being put into the net investment and capital assets line on exhibit one The bottom of exhibit one has net investment capital assets That number is Page 4 I December 13, 2022 significantly higher, because of this project being placed into service Some big numbers are appearing in exhibit one and two, three, and four, and it's all related to this project Let's then also look at exhibit three and exhibit five Exhibit five is on page 12, and you can see on exhibit five where that 55 million is flowing through revenue and then also flowing through expenditures Another area that I wanted to point out to you, in addition to the NVTA project that's having a big impact is also,other local taxes revenue We saw a big jump on there and you can see that on exhibit five You can see it's a second line down It's other local taxes revenue What's included in there is sales tax, meals tax, transient occupancy tax, and some other kinds of taxes that the Town collects. Those particular ones, sales tax, meals tax, and transient occupancy tax increased over 10% I thought that was pretty notable Why is that happening' This is happening across all of our localities It's the recuperation from COVID People going out to eat People venturing out. It's inflation that's happening this year All of those things are playing into this increase The increase for that line on exhibit 5 is 3 3 million or 15% That's a big jump.We'll probably see that go up again as we move into FY 23,as people continue to venture out,stay in hotels, and go out to eat Let's then move on to some other pieces We talked about the ACFR a little bit Let's go on and look at the next sections In addition to the ACFR,we also issue a report on internal controls That is a smaller bound copy that you have in front of you It should be considered along with the financial statements On internal controls,we don't express an opinion, but we do describe certain deficiencies that we noted during the audit, and we recommend ways to improve your internal controls This is about internal controls, but we don't express an opinion on it In addition to the ACFR,and the internal controls reports that we do every year,you have two additional reports in front of you that are related to inventory We were engaged to do two inventory-related projects One of them was an agreed-upon procedures report What I did is I went on site, and I took a look at the inventory environment and internal controls around inventory I went to five different departments, I went to fleets, streets, buildings, parks and recreation, and utilities Through inquiry, observation,and some testing, I did these agreed-upon procedures,well,what's the difference between agreed-upon procedures and an audit" For agreed-upon procedures, these are procedures that the Town wanted me to perform, we agreed upon them, that's why it's called that There is no opinion we issue the results, it's up to the Town to read the results and come to the conclusions That's the difference between an agreed-upon procedure and audit That we found, we documented in the report, it's up to the Town to interpret We don't express an opinion, and we talk about some internal control things The other thing that the Town asked me to do was take that information,take that data,take the internal controls that I'm observing,and put it into a consulting engagement Here's the third kind,you're getting a good audit lesson here,you're getting another kind,so we did perform a consulting engagement This is more like the internal controls letter that you have that was bound,where we suggest areas that could be improved related to internal controls over inventory, and we make some recommendations I think it'd be helpful to look at the agreed-upon procedures and the consulting letter together Those are the two additional reports that we looked at for them this year That's about all I wanted to cover, I thought I'd keep it short Do you have any questions for me? Mayor Burk: You've finished with the report at this point Does anybody-have any gbesti0ns9 I think we're good Most certainly are thorough, all these books, we will take some--we'll have some reading time that's for sure Thank you very much We appreciate you coming [silence] All right Our next item is does anybody have any Regional Commission reports at this time" All right The next part is our petitioner's section One of the first orders of business is to hear from the public All members of the public are welcome to address Council on any item matter or issue Please identify yourself, and if comfortable doing so, give your address for the taped 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 five-minute time limit, the green light will Page 5 I December 13, 2022 turn yellow when you have one minute remaining At that time,we would appreciate your summing up and yellow in the floor when the bell indicates your time has expired Under the rules of orders adopted by this Council,the time limit applies to all We have three people that are signed up to speak,and the first one is Sara Howard O'Brien I didn't see you back there Welcome Sara Howard-O'Brien:Thank you, Madam Mayor Good evening My name is Sara Howard-O'Brien I work with Loudoun County Public Schools in the Planning Division I am here this evening to ask for your support approval of the Mural Art Guidelines that you have on your agenda this evening The school-specific interest is really on behalf of the Douglass High School Commemorative Committee, which is you know, is a committee that's been appointed by the School Board with representatives offered and put forth by the Town and County Board of Supervisors and various organizations throughout the community to commemorate the story of Douglass High School Our committee has been busy working on various components, and now we are at the stage, we're very excited in the coming year where the facility will reopen,and it will have an educational component that tells that story One of the elements of that is a proposed mural This change would allow us to submit a mural for the Town's consideration, and we would very much appreciate that opportunity We thank you so much I wanted to say a special thanks to the staff that has worked with us and helped us understand the existing guidelines and how they may change As a final note, I'd like to say the Town is absolutely gorgeous with the holiday decorations Thank you for making everybody's day brighter Mayor Burk:Thank you Sarah Howard O'Brien:Thank you Mayor Burk: All right The next person is Dave Butler, followed by Helen Vettori [silence] Mr. Butler David Butler: Good evening, Madam Mayor and Council Members I'm Dave Butler, and I live on Jennings Court here in Leesburg I have to echo the Town being attractive, I think it's more attractive now than it's ever been I love the garage,the Chnstmas lights on the garage, as I was coming in,they look fantastic, and all the public art course I've always supported that, and I support it all now I've seen a lot more of it in the Town recently,which I appreciate I'm here today just to give a brief farewell to Council Members Martinez and Fox This is their last Council meeting I know how that feels I had the honor and privilege of serving with them in the past Every vote that they took was always with integrity, and always had the Townspeople and the Town itself in mind when they made those votes. They both gave me help when I was also on the dais and I appreciated that help I know Suzanne served for eight years and I think Marty served for what 47? Is that plus or minus? I think that's about right In any case, I just wanted to thank both of them for their service and wish all the best them in the future Thank you. Mayor Burk:Thank you, Mr Butler That was pretty nice Helen Vettori Helen Vettori: Good evening, thank you for having this opportunity for all of us to be able to express some opinions that you might ruminate on as you go forward to discuss the planning and preparing our lovely Town for its future It cannot be an easy task to take all the different planning and preparing into the future without having to make hard decisions We appreciate your doing this and thank you for all that you do to make our community better You have received an email from me as I assume from several people about the development of the plot of land in Meadowbrook Farm It is certainly going to be a wonderful development once it is approved in an appropriate manner I strongly urge you to reject the possibility of a gas station there One reason that may not have occurred to any of us, it didn't occur to me until today that we're moving into a future where we are becoming cognizant of the necessary acts to be green, to be pollution free We're looking at an industry in the automotive world where electronic vehicles are becoming more and more the norm My question is do we really need another gas station?Not only that do we really need to impact our environment with another avenue for having a pollutant offered with your vehicles that are driven with petroleum products That's what I would like to say I'm sorry I didn't start out by saying my name, Helen Vettori That's V-E-T-T-O-R-I I live on Themis Street in Leesburg Thank you very much and I hope you all have a joyful and blessed holiday Page 6 I December 13, 2022 Mayor Burk: Thank you very much No one else has signed up to speak in the Petitioner's section If anybody in the audience would like to speak at this point you most certainly are welcome to come up and do so Please give your name for the record and spell it for co close captioning Audrey Carpenter:Hi I'm Audrey Carpenter,C-A-R-P-E-N-T-E-R,and I am a resident at Country Club Green Condominiums in Leesburg I'm going to read lust a short statement tonight Dear Mayor Burk and Council, I bring glad tidings to you this evening from Country Club Green Condominiums A week ago the Fnends Group was able to get two new officers elected onto our HOA Board I am very proud to share that one of the two individuals was my partner, Chris Nickens, a 19-year condo owner Not only were we able to get two new people onto the Board, but one of them became the President This is a major win for our community, and they are already getting down to the business of making Country Club Greens better Community activism still works and I want to thank the Town and staff for working with our neighborhood I would like to add that the Properly Manager Brenda Lewis and her company Evemest Property Management based in Alabama have given us notice that they wish to terminate their contract with Country Club Green. This is no doubt a direct result of consistent and intense pressure applied to Evernest over the last year The Board will in the very near future be selecting a new property management company and it looks like ft will be one locally Tonight I want to address the need for a flashing stop sign at the intersection of Route 15 exit ramp where it loins into Clubhouse Drive SW Though some very minor improvements were made to that intersection in the fall the intersection is still very problematic Despite two stop signs at that location drivers continued to routinely ignore the stop signs and cause near misses daily Given the proposed addition of 65 townhouses to be built in very close proximity of King Street and Clubhouse Drive SW next to Meadowbrook Farms this will put additional strain on that intersection which will result in the need for enhanced traffic restraint We are pleased that the Town staff has asked the Virginia Department of Transportation to convert the two existing stop signs into flashing stop signs at that intersection. I have forwarded video of the traffic behavior earlier today in an email to the Council The second matter I'd like to address is the demolition of the former Westpark Hotel near our community For the last six months it has been vandalized repeatedly Individuals have been arrested for holding parties in it Wildlife is in Jeopardy, because of the extensive broken glass, chemicals thrown on the ground, et cetera This is also decreasing our property values and is an extreme eyesore On behalf of Country Club Greens I ask the Town to condemn this vacant hotel as soon as possible and proceed forward with compelling the property owner to demolish it This process cannot wait until the property owner gets approval to develop the property into something else Thank you for the opportunity to speak tonight I wish you all a very Merry Christmas and look forward to working with you in 2023 Thank you Mayor Burk:Thank you Ms Carpenter Same to you Is there anybody else that wishes to speak, Scott Turner Mayor Burk, and Vice Mayor Martinez, Council Members I may have signed the wrong form, but I'm going to speak in this portion I did want to speak about the same 24-acre development at Meadowbrook Farm Mayor Burk:You most certainly are welcome to,but the public hearing will be about the Meadowbrook commercial development Scott Turner: Should I hold my comments until after that Mayor Burk: You might want to That's when everybody else will be Is there anyone else that would like to speak that didn't get the opportunity at this point?Seeing that there's nobody that has raised their hand, I will close the Petitioner Section at this point Yes, ma'am Are you speaking about Meadowbrook? Gladys Burke: No Page 7 F December 13, 2022 Mayor Burk: You're speaking about something else Gladys Burke: Yes Mayor Burk: I've closed the section, but I'm going to open it up for you [laughs]You can come up and say what you want to say Gladys Burke: Good evening, Madam Mayor and members of the Leesburg Town Council Congratulations Mayor, and Mr Steinberg on your reelection Oh, gosh. I don't have any prepared remarks, but I wanted to come, because we're losing a wonderful man tonight, Marty Martinez You have served the community so, so well I knew this might be my last opportunity to say something publicly but know that I'm not just speaking for myself I'm speaking for a lot of people that you've helped in the community You've always been so wonderful to answer phone calls,to come to meetings,to vote behind on things that community want I just want to bid you farewell I know that you will be great in your next endeavor I'm so happy that you are able to represent and serve the great, great Town of Leesburg, Virginia Thank you so much for your service That's my comments Thank you Mayor Burk:All right Gladys Burke Gladys Burke: I'm sorry Gladys Burke, Leesburg Mayor Burk:There anyone else that would like to speak that didn't get an opportunity?Now I will close the petitioner section All right That will bring us to the Consent Agenda, approval of the Consent Agenda 12A is a Change Order for Easement Acquisition Service for Water and Sewer Main Relocation of Exeter Dam B is the Town Parking Garage Structure Improvement Project Construction Change Order C Amending the 2022 Town Holiday Schedule D is the Town Manager's Employment Contract C is the Town Attorney's Employment Contract and the Board of Zoning Appeals Appointee to the Circuit Court Do I have a motion? So moved by Martinez Seconded by Council Member Bagdasanan Is there any item anybody would like to have removed?Therefore, all in favor indicate by saying,Aye Members:Aye Mayor Burk: Opposed?That was 7-0 All nght That then takes us to our resolution Do I have a motion to accept the resolution of the Public Art Guideline and Private Property Mural Pilot Program Guidelines? It's moved by Mr Martinez Council Member Bagdasarian: I'll second Mayor Burk: Seconded by Council Member Bagdasanan There is one change that I would like to offer on this one That the guidelines that— I'll see if it's a friendly amendment, but that we limit it to all areas that are not residential We prohibit it from residential at this point This is for the pilot program Mr Martinez, do you-- Vice Mayor Fernando"Marty" Martinez:Yes Mayor Burk: Mr. Bagdasanan? Council Member Bagdasarian: Yes, I'm fine with that Mayor Burk: Except for yours I know Yes,okay All right Does anybody have any discussion on this? Mr Martinez? Vice Mayor Martinez: This is for the pilot program That's going to last how long? Mayor Burk: It's for a year Page 8 ] December 13, 2022 Vice Mayor Martinez: Okay Thank you Mayor Burk: Correct?A year Christopher Spera: For an additional year Yes, ma'am Mayor Burk: All right Any questions or concerns on this one?All in favor indicate by saying,Aye Members: Aye Mayor Burk: Council Member Nacy? Council Member Nacy: Aye Mayor Burk: That passes 7-0. Now we are to public hearings Now I have to read the public hearing I call to order this December 131°,2022, public hearing of the Leesburg Town Council Sorry, I'm looking for some papers I'm missing here Unless there's an objection, I will dispense with the reading of the advertisement if you wish to speak,we ask that you either sign up at the sheet in the hallway or outside of the Council Chambers, but if you did not get the opportunity to sign up,we'll give you an opportunity to speak In the interest of fairness, we also ask that you observe the five-minute time limit, and the green line in front of you will turn yellow at the end of four minutes indicating 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 the group, the Council will allow a spokesperson for a group a few extra minutes In that instance, we would ask speakers when they sign up to indicate their status as spokesperson, the group they represent, and their request for additional time Our procedure for the public hearing is as follows First, there's a brief presentation by staff on the item before us, and it's my understanding staff would like an additional time? - Christine Newton:That's for the next one, not for mine Mayor Burk: Not this one, okay Second, the members of the public have signed up to speak will be called and given five minutes to make their comments The public hearing item on the agenda tonight is batch amendments to the Town Code All right Christine Newton: Good evening, Madam Mayor, Members of the Council I am Christine Newton I'm the Deputy Town Attorney I'm here to present this item and I have with me Lisa Haley, our Deputy Director of Finance and Administrative Services, and Rene LaFollette, our Director of Public Works in Capital Projects Although I hope you don't have questions for Renee, since your voice is not cooperating, but we'll get them, she can whisper to me and we'll get them out By way of background, these amendments are the part of the periodic proposed batch amendment process The purpose is clantying and refining business processes, conforming to the Town Code to State Code and current Town operations, and correcting inconsistencies and errors Snapshot of the affected chapters,administration licenses,and taxation traffic and vehicles,Appendix B fee schedule,Appendix A tne franchise schedule and technical correction in Section 6-22 The substance of our amendments fall into about five buckets, we have refinements to processes and procedures of the Department of Finance and Administrative Services We have some updates to the Town paid parking procedures,we have adjustments to our snow emergency procedures and then we are facilitating enforcement of airport lease terminations and expirations and correcting errors and removing some outdated material Straight to the DFAS process refinements,the first one is to Section 2-158 This is an outdated section that currently requires a purchase order or written contract for every expenditure of Town funds We've updated that to incorporate some exceptions reflecting the use of alternative and modern payment methods, where those methods are available and they're consistent with both the law and the Town's procurement policy For example, there are instances in for small purchases where we can use P cards and there are other transactions that are not procurement transactions where we may use wire transfers or other methods The changes to Section 20-27 this is Page 9 I December 13, 2022 a State Code authorized provision that allows the Town to require the Director of Finance to prepare certain lists of delinquent or uncollectible taxes on an annual basis The highlights include delinquent real estate and delinquent tangible personal property taxes Our current Town Code section requires an annual submission of three of those lists The proposed amendments would require the Director to provide you all with any of the six lists that you wish for whenever you ask for them rather than automatically and this conforms to the current Town operations given that we now do consolidated billing for our real property and our tangible personal property in terms of vehicles with Loudoun County and it also is consistent with what DFAS has found in benchmarking with neighboring jurisdictions Changes to Section 20-278, this is really a technical issue,are in getting the business license,we require some evidence that the use conforms to the Zoning Ordinance The way that the item was phrased previously, we had a process where the Zoning Administrator or the designee was signing the paperwork from Finance That creates a potential problem where people wonder whether that might be interpreted as an action, a separate approval of the Zoning Administrator, so we're eliminating that problem That brings us to the changes to our paid parking procedures Currently, we have a Division Two of Chapter 32 Article 5, that whole division talks only about parking meters as the method of collecting fees for parking on Town streets Our proposed amendments will facilitate the Town's adoption of parking meter alternatives that include smartphone-accessible parking payment apps This amendment will also incorporate some flexibility to designate the paid parking zones by resolution rather than listing them all from one corner to another as part of the Town Code Finally,then we make amendments to Section 32-140 for consistency of the language to maintain the Town Manager's regulatory authority for the paid parking alternatives in addition to the meters Your agenda item also includes a proposed resolution to adopt the paid parking zone map in accordance with the new language of Section 32-173, and that proposed map just adopts the existing paid parking zones It also has other information on the map That other information is used by DFAS What-you'll see is that there's an updated map that makes it clear that all you are adopting is the paid parking zones themselves, not the meter numbers and that level of detail We have a couple adjustments to our snow emergency procedures Our current ordinance provides for declaration of a snow emergency after snow begins to accumulate, or two inches have been registered at the Airport State Code actually enables us to make that declaration based on predicted snowfall We don't have to wait for the snow to start falling The proposed amendments would give the Town Manager that flexibility to declare a snow emergency in advance based on National Weather Service forecast This really helps out some of the residents When we expect this snow to start falling overnight, Town Manager's got to declare an emergency and somebody's gone to bed first, doesn't know their vehicle's going to be towed This is helpful and in response to some complaints we received The change to Section 32-325 just eliminates that time limit on the duration of the snow emergency, because Public Works has found that on occasion it takes longer than 24 hours to clear the snow from the snow emergency route Then we have a couple miscellaneous items Appendix B, fee schedule for, and specifically for the Airport, Our existing Airport hangar and be-down leases require storage fees If the aircraft is not removed from the tie-down or hangar space following the expiration or termination of the lease That amount of that fee should be established in our fee schedule, like other fees We've recommended a fee amount of$30 a day, because that encourages timely removal of the aircraft and reduces the need for us to take legal enforcement action to have the aircraft removed from a space they're no longer entitled to occupy Then finally, we have a technical correction There's an erroneous date in Section 6-22 We talk about the phantom June 319', so we're fixing that In Appendix A, we have a list of franchises that the Town has granted This list is pretty outdated It's incomplete It's not required to be maintained as part of the Town Code, and because of the volume that y'all regularly see of franchise agreement requests, telecom and that kind of thing, we're Page 10 F December 13, 2022 recommending that you don't include it in the Town Code We repeal Appendix A That information will still be maintained by Town departments Any questions? Mayor Burk: Mr Martinez? Anyone have anything? I do have a couple of small ones All of these, they're pretty small changes, but they can make some significant difference in efficiencies and things of that nature. I'm glad to see the change in the snow emergency procedures, because waiting until it starts snowing really defeats the purpose of having a snow emergency going on I did have a question about the Appendix B, the recommended amount of fee if a- it says that existing airport hangars and be-down leases require storage fees if an aircraft is not removed We're going to start charging $30 a day if a plane is not removed and it no longer has-- Christine Newton:That's what's proposed The situation that you currently have is that when the lease expires and we ask the tenant to leave the space and they decide not to, there is very little motivation for moving the aircraft without legal action Mayor Burk: Is$30 significant enough that's that's going to make someone move an airplane? Christine Newton: We think so It's less than what one might charge to tow a vehicle and store the vehicle once it's towed Those fees are up to more like $100 a day, but I think the difference there is that people generally need their car on a daily basis People don't necessarily need their aircraft on a daily basis, and the$30 will rack up fairly quickly Mayor Burk: If it's space that we need and they're not leaving,their lease is up and they're not leaving, $30 is a pretty good deal Like you said, to get your car towed is a lot more than$100 Christopher Spera: Oh, Madam Mayor, if I may What we tried to do was balance the penalty rate, if you will,with the current rate that we charge for be-down spaces The current rate for tie-down spaces is less than $200 a month, if I remember I think it's like$150 a month By switching to a$30 per day, it gets closer to $1,000 It's basically sixfold what the monthly charge is We felt like given the order of magnitude, that was the appropriate amount to charge We didn't want to make it excessively punitive, but punitive enough Mayor Burk: What did you mean? I didn't understand your reference to a thousand Christopher Spera: 30 days of each month time--$900, I rounded up Mayor Burt Oh, okay Sorry Christopher Spera: $30 a day for the month would be$900 Mayor Burk: Will you be evaluating that? Christopher Spera: Yes Mayor Burk: To see that it does make a difference, because- Christopher Spera: Exactly Mayor Burk: -that really doesn't seem like that Christopher Spero: This is a step, and if there are some recidivists that we've been working through to try and get them moved and we've worked with the Airport Director to at least get them out of the tie- down spaces, so we can release them and they are now lust parked over in a little gravel area, but the frustrating thing was with the way the current lease structure was that essentially they would just be due another month of rent There was no penalty essentially for not being current The only arrearage that was allowed under the lease was essentially another month's rent This raises the ante, if you will, by a magnitude of six Page 11 j December 13, 2022 Mayor Burk:Thank you The other section I lust wanted to-the 32325,the amendment would eliminate a limitation on the duration of the snow emergency That's very pertinent and I'm glad to see that that's in there to be changed All right Anyone else have any questions or concerns at this point? Yes, Mr Martinez Vice Mayor Martinez: If I may, how are we doing anything to prevent for somebody who has racked up a few hundred dollars in fines for them to pay before they can take their aircraft? In other words, are we going to lock down their wheels so that they can't move the plane until they pay their fines? Christopher Spare: Actually, Mr Martinez, what we're doing is actually more than that There is a process by which we--There is a lien, a statutory hen, that we can file and that attaches to the plane, then we can sell the plane We are actually Jumping, in a case of excessive arrearages, moving straight to that process, perfecting those liens and beginning the process to put those vehicles up for sale It is in the, I believe three instances when we've done that Amazingly, funds were received in a relatively short order Mayor Burk: All right Thank you very much Appreciate the information Is there anybody in the audience--Nobody has signed up to speak, but is there anybody in the audience that would is dying to speak about the batch amendments to the Town Code?Nobody? I will close this public hearing Do we need a motion to accept them?Do I have a motion to accept the batch amendment changes? Christine Newton: We've got actually two motions because you also have a resolution on the paid parking zone map The first one is for the batch amendments Mayor Burk: What's moved? Vice Mayor Martinez: I move [inaudible] Mayor Burk: Is there a second? Council Member Steinberg: [inaudible] Mayor Burk: Moved by Mr Martinez, seconded by Council Member Steinberg Any additional discussion?All in favor, indicate by saying aye Members:Aye Mayor Burk:That passes 7-0 The second one Christine Newton: Here we go, paid parking zone map Vice Mayor Martinez: Approve the proposed resolution adopting paid parking zone map pursuant to Town Code section 32-173 Mayor Burk: Second? Council Member Bagdasarian: I'll second Mayor Burk:Council Member Bagdasarian Any discussion on this one?All in favor, indicate by saying aye Members:Aye Mayor Burk: Opposed? All right That passes Thank you very much That takes us to our second public hearing This one, I call to order this December 13th, 2022 public hearing for the Leesburg Town Council Unless there is an objection, I will dispense with the reading of the advertisement If you wish to speak,we ask that you either sign up on the sheet in the hallway outside of Council Chamber If you did not get the opportunity to sign up,we will give you the opportunity to speak Page 12 I December 13, 2022 In the interest of fairness, we also ask that you observe the three-minute time limit The green light in front of you will turn yellow at the end of two minutes indicating you have one minute remaining At that time, we would appreciate you summing up and yielding the floor when the bell indicates your time is expired. Under the rules of order adopted by this Council, the three-minute time limit applies to all citizens However, rather than have numerous citizens present remarks on behalf of the group,Council will allow a spokesperson for the group a few extra minutes In that instance, we would ask speakers when they sign up to indicate their status as spokespersons, the group they represent, and the request for additional time Our procedure for the public hearing is as follows First,there is a brief presentation by staff about the item before us It is my understanding you are asking for additional time Scott Parker Yes, ma'am, I am Mayor Burk: How much time are you asking' Scott Parker 20 minutes ma'am, if I may Mayor Burk: Does anybody have any issue with 20 minutes? All right The applicant will be given 20 minutes to make their presentation Third, members of the public who have signed up to speak will be called and given five minutes to make their comments The public heanng item on the agenda tonight is for TLZM-2021-0002 Meadowbrook Neighborhood Center, and TLSE-2021-0002 Meadowbrook Service Station and Carwash All right Mr Parker Scott Parker: Madam Mayor, Members of the Council, Scott Parker, representing Town staff this evening No matter how many times you look at a PowerPoint presentation, you're missing a letter That's TLZM-2021-0002 It's a rezoning request As well as TLSE-2021-0002 for a special exception This is for the Meadowbrook property indicated on the map here It is 23 56 acres There are eight existing parcels on this site They are all undeveloped and they are all zoned R-1 It's indicated by the red outline as you can see on the map here. The surrounding land uses in the existing conditions are shown on this map is primarily single-family detached homes in the area, including the new Meadowbrook Farms Estates There is adjacent a large stormwater management facility on this plot That's a regional pond It's not part of this application It's part of the original Meadowbrook,but it is being incorporated into the application as an amenity area as well as a functional stormwater facility There are two requests this evening There is a rezoning request to amend the zoning map to rezone 23 56 acres from R-1 to PRN,and 1 4 acres to B-3, and Gateway overlay subject to a concept plan and proffers There's also a request for a special exception for a gas station and a carwash on the parcel that is seeking the B-3 zoning that I will go over in a brief moment This is the zoning map This is zoned R-1, as is everything in the general vicinity. In the Legacy Leesburg Town Plan, the land use initiative on this is considered an area to enhance,which is very similar to properties in the neighborhood existing and vacant, and proposed It's further descnbed under the character designation as a neighborhood center, as you can see indicated by the orange in the proposal area. That's also part of Legacy Leesburg Town Plan There are other designations on the property including Gateway District overlay There's approximately 400 feet of the property from King Street that's included in the Gateway District overlay The applicant is proffering to add the entirety of the property into the Gateway District overlay,thus subjecting it to Article seven and the requirements there of the Gateway District There is also a noise abatement corridor that's 300 feet from the center line of King Street here It affects two townhouse end units in Land Bay R-West that I will show in a moment The Planning Commission met on this and held a duly authorized and advertised public hearing on October 20th,2022 There was a work session on November 3rd,2022 where the Planning Commission recommended this application to Council The rezoning on a recommendation of denial for 5-0 was forwarded to the Council For the reason that the inclusion of a gas station, carwash, and convenience store does not align with the Town Plan character designation of neighborhood center. and that the proposal does not include plans for Land Bay F Special exception also received a recommendation of denial 5-0, the proposed Page 13 I December 13, 2022 service station not being in alignment with the definition of a neighborhood center per the Town Plan, and goes in fact against the definition of a neighborhood center Staff prior to the Planning Commission has recommended approval of the rezoning and recommends approval of the special exception That carnes through with this application this evening Wth the rezoning, I'm going to start there first The existing zoning is R-1 as I pointed out The 20 11 acres will be rezoned to PRN, 1 44 acres to be B-3 Right-of-way dedication to 2 01 comes up to the 23 56 acres for the rezoning this evening This is the concept plan for the rezoning This also includes the plat that's for a special exception What I will point out here is at this time,what I'm showing you this evening is the concept plan We have two separate applications Subsequent to the Planning Commission's denial, the applicant and the staff work together We have the same application this evening, but the concept plan and the rezoning plats can stand on their own If the rezoning is approved this evening, and the plat Ls for the special exception, or the special exception request is not approved, then the applicant will have right to straight B-3 uses on 1 4 acres of the site that will be rezoned to B-3 That will be subject to the design guidelines of the BAR and the Gateway Design Distnct, as well as site plans from the Town I will point out here that the residential area are shown on Land Bay R-West and East, Land Bay C. et cetera What do we have? On Land Bay R-East, we have 36 townhouse units We have 29 townhouse units on Land Bay R-West.The Neighborhood Center of 34,000 square feet,which is this area here, is zoned being proposed for PRN.There's 34,000 square foot of commercial proposed there with no use,greater than 8,000 square feet as that is the biggest building that is being proposed Then the special exception plat area that's outlined in yellow is the 6,450 square foot gas station and carwash Also shown here is the adjacent stormwater management area as well as the amenity space that is being proposed by the applicant This is the open space that's being proposed There's a significant amount of open space with this application There is open space against the townhouses and that land bay to the top with the active green and amenities that the applicant is proffering to build out with some amenities on it There are tot lots and active greens on both sides for each cluster of townhouses What should be pointed out is that Land Bay F right now is being proposed as open space for the designation under PRN. I will repeat that The Land Bay F is being proposed to be zoned PRN It is being designated as open space with this application It will remain open space until such time as an applicant comes and has to do a full legislative application for a concept plan amendment and proffer amendment, new traffic study, et cetera What I will point out is that the open space amenities for this entire neighborhood are not affected by this should it be redeveloped, it stands on its own One of the proffers that staff work with applicant to get is that the Journey through Hallowed Ground pallet as indicated in blue that I'm writing here now,the applicant is proffering to build that with the first phase of development across the frontage of Land Bay F Although there is no development being proposed at the time with this application The active green west that I proposed to you before, this is a indication of what the applicant is going to do to build that out As far as they have a combination of open space as well as ornamental plannings, shelter, et cetera, that is in the proffers as well This ultimately in the future could potentially be utilized by uses that are proposed for Land Bay F Of the townhouses,there's 65 as I've stated They're two garage and they're parked side by side in the driveways They are alley-loaded All of the townhouses either face a street or they face amenities, such as the townhouses long marathon face this way, and this faces the amenities, this faces a street, street, et cetera,down to the bottom where you have the lake amenity down here, the townhouses face this way and are accessed via a road This is the PRN commercial These are elevations that the BAR have seen conceptually They will have final authority over the approval of these buildings when they have COAs issued for them being part of the Gateway As I stated before, no use is greater than 8,000 square feet, and there are free-standing buildings, and it is anticipated that the whole area of open space is being attracted to and tied to an amenity area and trail that's being built around the stormwater pond to feature it as opposed to just making it a functional facility You can see next to you here on this slide, the proposed gas station as part of the special Page 14 I December 13, 2022 exception Should that for some reason not be approved this evening,that could be additional B-3 uses save for what has been proffered out in your proffers There are a few uses the applicant has proffered out of the B-3 that will not be built on this should that become necessary This is the special exception plat that shows the gas station and the canopy One other thing that should be pointed out is that regardless of the special exception, the applicant has worked with staff to provide significant buffering in this area as well as around the corner here, given its proximity and location where it is It is 1,000 square feet from the nearest residence, but significant landscaping has been proposed, including an evergreen screen along this entire frontage, as well as the applicant is also proffering a 17-foot height for lights whereas code requirement is 25 Again, this is some conceptual illustrations of what the BAR saw as far as the gas station and the carwash that I included here for you to look up Again, they will have final approval of this through the COA process There are 11 modifications included with this application I will spare you from doing a dramatic reading of the modification Staff has recommended approval of these, and the Planning Commission did not indicate,there was no discussion about the modifications per se, and they run the gambit A lot of the modifications are made to better integrate this project together with each other to allow flexibility for bringing the townhouses and the commercial into the amenity area, and have them work off of each other The one thing that the applicant and staff work with much to their chagrin was we have got a commitment proffer-wise and phasing-wise out of them, and all of the buffers well on this area will be installed as part of the beginning of the application as well, and won't wait until the end for when these are going to be constructed,or whatever time that's going to be Of the modifications, there's six concerning buffers or screening There's one with parking standards, townhouse lot sizes Again, I've got them all listed here should the Council want to discuss them all They were all in the Planning Commission staff report and they all have been recommended for approval Number four is specific to the service station as part of the special exception If for some reason the special exception is not approved, that just will not be applicable However, the screening and buffer yards will still be applicable even if the rezoning is approved and the special exception is not That would be what I'm referring to, would be the modification on this area right here that has the enhanced screening for the gas station, includes a significant number of evergreen trees on top of the retaining wall as well as coming down towards the stormwater pond Again, here's the modifications If you want to go over those later,we can most certainly do that The parking is met on this particular site Land Bay C functions on its own with 148 spaces provided They have used the shared parking matrix within the ordinance to reduce commercial parking based on time of day It is adequate and staff finds this acceptable It is anticipated there will be a lot of walking to this commercial area The scenarios are shown in the concept plan, and it will be part of the approved rezoning as well The total non-residential spaces There's 51 spaces in addition to what's required There are a variety of spaces being provided around the greens and off-site That is parked to meet code as well The stormwater pond is being utilized for both quantity and quality The gas station is considered to have additional water quality treatment because it is considered a hot spot The site were required to meet all Town of Leesburg, State, Federal standards and at the time of final site- plan, and construction drawings will be looked at Any additional stormwater management requirements will be handled at the time of site plan and could include underground detention or mechanical water quality devices Transportation There was a traffic impact analysis that was approved by staff for this Four studied intersections will operate at acceptable levels of service The applicant as part of their proffers has contnbuted the following. Because of settlement agreement prior on this particular property and the previous owners of the site, the applicant has a credit because of the right-of-way and lots that they have given us in the past, a credit of$1.92 million per this 2009 settlement agreement However,when discussing with the applicant over the course of this review and analysis,the applicant is providing an offsite contribution to us in the form of right-of-way on Evergreen Mill Road,the north side,which is not necessarily required as part of their development because it's considered offsite as opposed to frontage improvement, which I'll address in a moment Page 15 I December 13, 2022 This particular offsite is Evergreen Mill Road on the north side from Wallace to King Street This is to accommodate the Town's Evergreen Mill Road Widening Capital Project that is currently underway The estimated value of the right-of-way is approximately $600,000 or so in 2019 dollars It could be higher because a taking process will not be required, and the applicant is also providing this right-of- way on demand when the Town needs it Its an immediate proffer,it's not incumbent upon development thresholds The applicant will provide that when we need it That has a value for time and getting this capital project done as well as providing all of the necessary easements.I wanted to make that pretty clear for this particular contribution,that although the applicant is not required to do so, through this process, we have been able to accommodate that for the capital project School impacts 38 total students generated The applicant is proffering the requisite per our school's capital facility contribution through proffer 15, $18,285 times 61 units, for a total of $1 115 million That there are four ADUs that are provided with this application per ordinance There will be two within each land bay,and per requirements they will not be contributing towards school capital facilities That is why it's 61 units at the $18,285 It's typical for affordable dwelling units to not contribute to school capital funds The physical impact analysis for this, which was done by the Town using our current model, is fiscally positive This does take into consideration the rezoning as well as the special exception that would change slightly but still be fiscally positive depending on the outcome of the special exception You can see the numbers there that currently it's $326,275 a year greater than the current value of $4,222 annually through real estate tax Proffers We have substantially proffers volunteered by the applicant I'm not going to go through all of these as well I am running out of time I have brought up the phasing plan that I'll get over here in a second We do have a frontage reimbursement for Evergreen Mills Road The applicant is required to do frontage improvements on Evergreen Mill Road There is a clause within the proffers that if the Town builds it.we'll be reimbursed through receipts, et cetera The Journey through Hallowed Ground landscape, it should be noticed that the energy conservation for Town homes has been included It's substantially higher for energy rating than other projects that we've had in the Town There's also a proffer to reduce lighting levels for the commercial pieces when not in use The escalator clauses has been included as well This is the phasing plan You'll notice we need to have the connection to Evergreen Mill Road when the townhouses are built in the first phase of the plan,which includes this area right here All of this will be built with the first phase in order to give a turnaround, and then subject to approval of any of the commercial,a connection has to be made towards to Evergreen Mill Road There is language in the proffers that accommodates that, but connection being made at a certain time passed when the connection is made, et cetera, but the connection must be made before Land Bay G can be developed with whatever use it is In summary, for the rezoning, staff finds that the criteria within the Zoning Ordinance has been accomplished meeting the criteria With the special exception in the carwash,this shows you the layout of the convenience,the pumps, the canopy Staff has determined that the criteria of special exception approval has been met with this, and thusly section 3 4 12 has been accommodated There are conditions with the special exception as you would typically find,which refer to substantial conformance,et cetera There is onsite dining,delivery services, and the carwash hours have been limited These are the motions that I have here for the application for convenience of the Council That concludes my presentation with 54 seconds left That is all for me I am just glad, Madam Mayor, that I did not pull that same hat out to my closet That would've been an embarrassment for both of us this evening. I'm sure Mayor Burt Thank you Scott Parker That is all for me Mayor Burk:All right Does anybody have any questions at this point?No Okay We'll wait till we hear the whole story The applicant has 10 minutes Are you presenting tonight? Bruce DeAtley: Madam Chairman, Members of the Town Council My name is Bruce DeAtley We appreciate the opportunity-- Page 16 j December 13, 2022 Mayor Burk: Would you mind spelling for the closed captioning? Bruce DeAtley: D-E, capital A, T-L-E-Y Mayor Burt Thank you Bruce DeAtley: We appreciate the opportunity to present this application to you I'm here tonight with Peter Kalans of Traditional Land,and Mark Thomas of Pennons Scott did a fairly thorough presentation I don't think we're going to be having an extensive presentation ourselves I would like to say at the outset that we are extremely proud of this application We think it represents the best of what the planning process entails We've worked collaboratively with staff, with the community, with planners, with legislators, to try to come up with a plan that is unique and ideal for this particular location in the community It serves as a transition from the higher intensity or the lower intensity development to our South Meadowbrook Farm Estates, and the remainder of the surrounding neighborhoods, which are much higher intensity than this proposal Finally, as the staff referenced,we have incorporated the entirety of this application into the Gateway Overlay District, which we think is unique in itself The Meadowbrook Farm Estates was the first phase of the overall Meadowbrook development This is the second phase I guess the question is, how did we get here at this time? As you may recall, there was a previous application that was denied that incorporated 200,000 square feet of commercial development It was Grocery Anchored retail,which had a variety of uses,retail, and office uses That was denied by the Town Council The first thing we had to do is take a look at the basis for denial and see what we can do to address those concerns Since 2019, we started working with staff and some of the legislators in the community who expressed any interest to try to come up with a plan that we thought addressed the concerns of the previous application, and would be an asset to the community The previous application concerns included the scale of 200,000 square feet of development,fast food restaurants, dove-throughs There was some suggestion made by the Town Council at that time that there should have been some residential component to the application Taking that into consideration, starting in again,summer of 2019,we started working with staff We came up with a variety of iterations, which we tried to see whether it would work from a financial standpoint,from a planning standpoint At one time we had a application or a plan that was entirely commercial We had an application that was entirely residential In the end, it took us a couple years to reach the point that we were ready to come up with some concept of what we wanted to include That was probably in the summer of 2020 At that time,we contacted the local HOAs, members of the Planning Commission, members of the Town Council, anybody who was interested to become involved in the process We had a general idea of what we wanted to do, but we had no specific plans At that time, we started developing plans We tried soliciting input from anyone who cared to offer input In February of 2021, we finally filed with the application This was six or seven months after we contacted the community and had large meetings, individual meetings, and so on and so forth That's the history of the application Since that time, there have been some general changes, but the guts of the application,which is a neighborhood-oriented community which has gone from 200,000 square feet of commercial use to 34,000 square feet,and provide a transitional use of townhouses with-an extensive amount of community amenities which become the central focus point for not only this development, but the greater community per se is what's being considered tonight Just to go through some of the most important features of the community We created a small community streetscape I believe staff referenced the fact that all of the residential units that are located along Marathon Drive and the connector road linking Marathon Drive with Evergreen Mill Road, front those roads We thought it was critical to create a streetscape that was inviting for the people who were going to go to the development and the people who lived,joining the development It was important to extend the pedestnan onentation of Meadowbrook Farm Estates, the first phase of our development, to extend into the Meadowbrook Neighborhood Center Page 17 I December 13, 2022 We have done that We've also phased it We have trails linking the entire length of South King Street as part of the first phase The development provides commercial uses which are reflected in small buildings We incorporated neotraditional design The largest commercial building in this development is 8,000 square feet Before, we had a 55,000-square-foot grocery store The proffer as, again, staff referenced includes the most stringent residential energy savings requirements that had been approved by the Town He also referenced that we have proffered over 1,000 feet of right of way for the route 621 improvements Again, perhaps most critical was providing that the amount of public spaces, greens, parks, and open spaces, all of which anchor and tie the greater community together This brings us to the gas station, which we know is an issue Planning Commission recommended denial based on the location of the gas station being a part of this property, or this part of this project They referenced the non- conformance with the Town Plan in recommending that denial We don't agree with that interpretation The Town Plan that was recently approved suggested that for the Meadowbrook policies, there should be uses that are supported by the neighborhoods This is clearly a neighborhood use The staff has felt it was a neighborhood use Many of our conversations with the neighbors, they have a very positive thoughts about the convenience of having a gas station located near them We are realistic about the gas station At the same time, I think Jim Croce talked about spitting into the wind We're going to give it a shot We do think that the gas station is a viable use for multiple reasons Again, we referenced the Planning Commission's thinking We understand that there are those who are opposed to the use of the gas station, and we understand and can appreciate their concerns The concern raised tonight about cars going south as far as a gasoline user, I think is a legitimate consideration, but I don't think it is at that time Right now, this application, this development is surrounded by over 1,000 residential units that have no access to gas station unless they go inside the bypass and go to the gas station at Catoctin Circle, or they go around the bypass Either way, getting to the gas station on Catoctin Circle is a challenge now It's only going to get worse with a full development of the Crescent District Anyway, I think there is a legitimate concern about the visibility of the gas station Here, I think it's more of perception issue We recognize that it was critical that we try to buffer the gas station to the greatest degree possible The closest house to the gas station is approximately 900 feet away It's not like the residential units are right next to it That said,the only-- Mayor Burk:Thank you, sir Bruce DeAtley:We're done? Mayor Burk: Your time is up at this point You are done Yes,thank you Bruce DeAtley Anyway, in conclusion- Mayor Burk: Thank you very much We appreciate you Bruce DeAtley: -we do appreciate your time We'll answer any question Mayor Burk: Thank you, sir Your time is up Bruce DeAtley: Thank you Mayor Burk: Now we are open to the public We have a number of people that have signed up to speak The first one is Audrey Carpenter I assume that was a mistake, and that she's not here to address that one Audrey Carpenter: [inaudible] Mayor Burk: You are here Okay I am incorrect You are here to address it No problem You have your three minutes Page 18 December 13,2022 Audrey Carpenter: I'm not sure about the inclusion of HOAs I don't think Country Club Green, which has a long-standing HOA was ever asked to participate in feedback That's concerning to me Number two, King Street Clubhouse Drive Southwest comes right out onto King Street You can turn right, you can turn left Turn left, go into the city,the downtown area Turn right, you go to Meadowbrook and residential areas I'm really concerned about King Street 65 more townhouses that use that artery and also that ramp to get on to 15 both on and off is going to become significantly more congested I'm concerned when staff says that they disagree with that I do understand that there's some giving of,what is it, Evermill9 Evergreen? Mayor Burk: Evergreen Mill Road Audrey Carpenter King Street is a concern as well That's what I wanted to share Mayor Burk:Thank you Audrey Carpenter:Thanks Mayor Burk: Mr Parker, do we know if that particular HOA was notified? Scott Parker [inaudible] Mayor Burk: That's fine Thank you The no was fine The next speaker is Scott Turner, followed by Suzanne Larry Scott Turner: Madam Mayor, Vice Mayor Martinez, Council Members My name is Scott Turner, S-C- O-T-T T-U-R-N-E-R Mayor Burt Thank you Scott Turner: My wife, and I are residents m Meadowbrook Farm Estates I wanted to Join Ms. Vetton in our concern with the gas station in particular I've shared a couple of different entails with Mr DeAtley, and appreciate that we're in a agree to disagree situation I would like to just provide a couple of thoughts We do support the Planning Commission's recommendation to deny the rezoning application because of the inclusion of the gas station Regardless of whether the convenience store, gas station, and carwash are consistent or not with the Town Plan,it's our view that it's just out of character with the residential nature of the community, and also the surrounding subdivisions Additionally,just from a look at the facts of the number of gas stations in proximity,and also carwashes, there are about 15 gas stations within three miles of the subdivisions in Meadowbrook Farm Three of those within about a mile If you expand that to 11, 12 miles, there's 60-plus gas stations There are four carwashes within two to four miles of Meadowbrook Farm Estates and the surrounding subdivisions, including two large carwashes, Flagship Car Wash on Catoctin Circle Southeast,and then Bright Wash next to the Lowe's We acknowledge the primary justifications offered by the applicant for the goodness of the gas station as part of the plan However, it's our position that eliminating the gas station/carwash combination sustains the local residence community environment climate,far outweighing any convenience afforded by the presence of that gas station in the 24-acre development This is simply too easy to utilize one of the other aforementioned 15-plus gas stations that are in close proximity In closing, I would say that as a Meadowbrook Farm Estate resident, and the Town of Leesburg, is to argue that there's no value, and possibly a negative value in having a gas station located on the 24- acre development We hold this position even if it were to mean that they would need to put additional residential units on that property in a future iteration of the plan I do Join-- Mayor Burk:Thank you Scott Turner Thank you for your time Page 19 I December 13, 2022 Mayor Burk:Thank you very much Suzanne Larry followed by Helen Vetton Suzanne Larry: I'm sorry I didn't realize I was signing to stand up I thought I was just attending I am a resident of Meadowbrook Farm I am a little concerned about density I would love to see something beautiful there Personally, I would like a nice hotel, but that's just my suggestion Mayor Burk: Thank you very much Helen, you spoke before, are you--? Helen Vettori: I did, and I apologize I didn't understand that that was different a sign-in I've already said what I needed to say,thank you Then I signed in with my husband thinking that you want to keep track of the name, so I apologize Mayor Burk:All right Thank you Lene Hams, L-E-N-E I'm saying it wrong, I'm sorry Ronnie Hams, followed by Robert Is Robert going to be speaking? Helen Vettori: No, I signed us both in Mayor Burk: Okay Ronnie Harris: Madam Mayor I'm not going to take up your time, I just want to be on record as also being opposed to it I live in Meadowbrook Farm Estates The service station's what I really object to Thank you for your time Mayor Burk:All right Thank you Labilow Conteh, did I really mess that one up? Labilow Conteh: Yes Mayor Burk: Sorry [laughs] I apologize ahead of time Labilow? LabilowConteh:Thank you,Madam Mayor,for the opportunity to speak I was here on the last hearing We also,my wife and I,oppose the approval by applicant,especially the gas station and proposed wash bay area The issue that we have is anytime you have gas stations, obviously the foot traffic is going to come and the location of this development coming up the highway is a concern for us because what the applicant has not showing on the map is adjacent to, I believe it's Marathon Drive, is where we have the Meadowbrook Clubhouse That's where all the kids in the entire community go to play With traffic coming by from I guess the circle going in and out, that is a concern for us because most of the kids, they'll ride their bikes down the street, and also coming up Another concern also, it was mentioned that they reached out to some of the neighbors I don't know what neighbors they reached out to because presently the HOA for Meadowbrook has not been turned over to us the owners It's Van Metre that gets whatever information that they receive They can choose to disseminate it to us for us to get input as to whether or not we consent to the gas station That is a concern because I've not spoke to any neighbor We have various meetings with the community where this is a topic of discussion and I've never heard any neighbors say,"We were asked, what do you think about a gas station?" As we already know, there's a gas station on the other side, I believe, of going towards the Walmart by the Airport which we believe is a close proximity for a gas station for us Also,when most of us were purchasing with Van Metre,this was not something that was mentioned to us that this piece of land will be developed I personally believe that if it was mentioned, we probably would never purchase because we were looking for a community that's more single-family based This,we believe, it's going to be against what we were wishing for Also, one of the things that we were very concerned about is the proximity of this new development to Evergreen Mills, and I believe the other elementary school, the middle school that is not too far from this development In closing, we propose that this application be denied for development of this property Thank you Mayor Burk: Thank you Is there anybody in the audience that did not sign up that would like to have the opportunity to speak at this point? All right Council received many comments regarding the Page 20 1 December 13, 2022 Meadowbrook special exception public hearing tonight However, one resident specifically asked for it to be included as part of the record for tonight's public hearings comments When asked for correspondence to be part of the official record,the Town practice is to acknowledge the receipt of the correspondence and include it as part of the formal minutes The contents of the correspondence will not be read aloud Ms Anne Jansen of Balch Spnngs Circle provided remarks to deny the Meadowbrook special exception application That will go forward into our records Since there is nobody that is still interested in speaking at this point, I will close the public hearing Is there any comments, any questions of anybody here at this point?Yes, Mr Bagdasanan? Council Member Bagdasarian: A few questions What is the plan on the timing of phases for this project from the residential phase to the commercial neighborhood? Mayor Burk:You were asking Mr Parker? Council Member Bagdasarian: Mr Parker, yes, please Scott Parker: Can I be heard through the-- Council Member Bagdasarian: I think you can Its hit or miss with this Scott Parker: Let me getup to the dais A nice drawing I did there The application is phased based on the timing of the road improvements, specifically with Evergreen Mill Road The first phase,the application,Council Member Bagdasaran, is indicated in green here Phase one will be all of the townhouses and then the circle around this way Then phase two,should a commercial component come on board, the road will be extended down to a certain point in this vicinity-ish. Before Land Bay G can be developed, the full connection has to be through It's anticipated that the Town will be finished with their project before this, although that's not known at this point Land Bay G cannot be butt out to its full capacity until said connection is made That's indicated in the proffers under the phasing plan Council Member Bagdasarian:The connector to Evergreen Mill Road will not be built until--I'm sorry, what was that again? Scott Parker Later It's later in the project The applicant will be working on phase one of the project, which is the townhouses in the circle,while we continue our project Phase two of their particular project would be if a commercial application and Land Bay C comes online, then the road will be continued down this way until the entrance point right here, so that the commercial can function Then shortly thereafter,it's anticipated that the connection will be made from the applicants,what they're calling connector road now, to Evergreen Mill Road will be complete There's also a clause in the proffers that it Evergreen Mill Road is completed in advance, then the applicant has a designated amount of time to make that connection to get it through Council Member Bagdasarian: That's the Town's project, the completion of Evergreen? Is that correct? Scott Parker: That is correct, sir This project along here should be pointed out that the frontage improvements that the applicant is responsible for here, I talked about that in my presentation, that that's being accommodated either through that the applicant is-- We're going to build them, and then there's going to be the applicant will pay for that as the receipts are given Council Member Bagdasarian:That is not contingent on the use If it's not approved as a gas station, that will not hold up the process Scott Parker:That will not The phases are the phases That is correct Page 21 I December 13, 2022 Council Member Bagdasarian: What's interesting, and this is more of a broader, I guess, planning issue, now obviously this is a very specific application, but it also impacts Evergreen Meadows neighborhood, which I raised my children there and had spent a lot of time speaking with residents, former neighbors That is appealing is even with Compass Creek is, crazy as I heard that one of my neighbors walks to Compass Creek from Evergreen Meadows, which is great, but promoting the walkability There is interest in being able to walk to restaurants from your home without having to get in the car I think that there's certainly that aspect Obviously,the gas station is the point of contention as is pretty clear One of the things that to think about, and this is not directly bed with this project, is safety, pedestrian safety from residents walking from Evergreen Meadows to this new commercial center, because it sounds like there's some attractive opportunities there with water features and such I think that's something we just need to think about as a Town, the connecting neighborhoods, because we tend to build isolated neighborhoods We'll do our own thing, you do your own thing, but we really need to think about connecting everything, especially from a pedestrian perspective Fewer cars on the roads is definitely a good thing, which is obviously contrary to a gas station I do certainly appreciate the proffers in tying the Journey through Hallowed Ground component That's something that's very important, and the landscaping and buffering is very important I do think that it will enhance the neighborhood I think the rezoning part of that was certainly the commercial side I think I've heard more positive aspirations about that aspect of it I just think there's concerns about a 24/7 gas station and carwash there that may not be the right location I mapped out gas stations in Leesburg They tend to be on major commercial districts, not in residential neighborhoods. I think that that is what, 15 years ago, we had two or three gas stations in the Town It was an issue We're in a very different place today There's a much greater resource, if you will There are more options as far as that is concerned, and the location are really in truly commercial areas I do think it is a concern to locate it in a residential neighborhood The rezoning part of that,the commercial side outside of this, I think is highly attractive I think you've done an excellent job working with the community and hearing some of the needs for enhancing neighborhoods with some nonresidential uses Mayor Burk: Mr. Martinez Vice Mayor Martinez: Sure A bit of historical perspective on this neighborhood, I've been on the Council for over 20 years, and have seen this development grow from open field to where it is now I do know that the Town has worked with developers When it was first proposed to put residences there, it was, I think, 1500 residences were going to be put there We worked with the developer, the owner of the property, and we managed to get it to where it is what it is today Because of all the negotiations we did, we were able to get the right-of-ways and get the property for Battlefield Parkway We now have Battlefield Parkway from King to King in that big semi-circle,because this was part of a lot of what we were doing At the time, one of the things we did is we worked with the property owner to have a commercial center Now when I got on Council in 2002, the population was only 16,000 It's now 54,000, 49, 54, depending on who you're talking to. That's 338% growth in the Town My concern about that growth is how we're going to provide convenience and services to our residents without these kind of neighborhood centers Wien I look at this development, I'm looking at, is it really going to be providing a convenience to the residents? My personal opinion is that it does I'm looking more at what is good for the community and what is good for Leesburg in the long term, in the long run I think this will be a benefit Another concern when you talk about traffic, Scott, can you address Evergreen Mill widening, the plans for widening Evergreen Mill? Scott Parker: I can, Council Member Martinez, but I have the project manager from Capital Projects here that could probably speak to that better Vice Mayor Martinez:I guess that'd be great,because what I want to do is make sure that the residents understand that this is not just going to be a two-lane road forever Page 22 I December 13, 2022 Karin Franklin:Yes We have a project We're pretty close to final design We'll be in final design next year to widen Evergreen Mill Road from King Street to just past, to the edge of Heritage High School, from two lanes to four lanes. Well also include connectivity with, coming to your point. it will include pedestrian connectivity on both sides We'll have a sidewalk on one side and a trail on the other side along the whole length of Evergreen Mill Road Vice Mayor Martinez: Thank you What that speaks to is no matter what you do, or what we plan to do,these things have been in the works for years We're now going to widen Evergreen Mill Road,and guess what that's going to do? That's going to have a traffic impact in the neighborhood also These are things that we as a Town Council need to do Over my 20 years of being on Council and seeing us grow 338%, my concern isn't my personal feelings It's more what is good for the community and what is good for Leesburg in the long term I think that, for me,this is a great ending to my story in providing something for the residents in the Southwest Of course,my ultimate goal was to get the Southwest, the community center, but I just didn't have enough time Thank you Mayor Burk: Mr Steinberg Council Member Steinberg: Thank you Thanks I think I have a couple of questions for staff and maybe a few for the applicant If we can, back to the Evergreen Mill widening, so what is the timeframe there? I recognize,so we're through the design phase, and? Karin Franklin: Yes We're looking at finishing design next year We have a lot of utility relocation and acquisition activities We've got about a year and a half in our plan for that We're looking at starting construction, if the schedule holds You know how these schedules can go,where did my schedule go? The summer, spring of 2025 to be completing construction in 2027 Council Member Steinberg:Thank you Quickly,what's the timeframe for the applicant should at least the rezoning for the residential part of the commercial be approved? Bruce DeAtley: Should the residential or should the rezoning be approved?If I could step back,you're talking Landbay F because that's part of the equation,it has always been our intent to put senior housing on Landbay F, as you know When we spoke to staff about this three years ago, and that was our goal was to have that as a centerpiece of the development, that staff was split between whether there was a mechanism to do it based on the existing Zoning Ordinance The conclusion was that there wasn't because what we wanted to do was provide what's known as a continuum of care where independent living, assisted living, and nursing or memory care facilities, all in one facility, that does not exist in the Zoning Ordinance today as you know-- Council Member Steinberg: One more, I thought we had actually cleaned that up at some point a few months ago Bruce DeAtley: We provided language for the Council to consider recommending the use of a text amendment to allow that to happen The Town Council voted unanimously to instruct the staff to create that text,and they're in the process of doing but from a timing standpoint, the way we have envisioned things is a residential would probably be the first to go While the residential is going,we already know there's one entity that wants to locate a restaurant on the lake We think it's very reasonable that in concert or shortly after the townhouses go under construction, the beginnings of the commercial development will start as well That part is not dependent on the extension into 621 Council Member Steinberg: Understood That would lead to my next question the connection to Evergreen Mill, notwithstanding, since big part of the allure of this development is as a community center and walkability and this commercial center that's supposed to serve not only the townhomes but also the houses Bruce DeAtley: I guess to that point, we think the commercial will go or at least portions of the commercial will go fairly soon after the residential We also think given the construction timeline for the Evergreen Mill Road, there is a reasonable chance if a text amendment is approved and adopted by Page 23 I December 13,2022 the Town Council and we come in with the concept plan amendment for the continuum of care facilities, that that also may come in online if it's approved prior to the Route 621 extension Council Member Steinberg:We just heard that Evergreen Mill widening might run say out four years Bruce DeAtley: Correct Council Member Steinberg: My question is, can your commercial phase happen before that's finished? Bruce DeAtley: Yes The commercial park and the gas station cannot The 34,000 square-feet Council Member Steinberg: I'm talking about Landbay C Bruce DeAtley: I'm sorry Council Member Steinberg: Landbay C Bruce DeAtley: Landbay C can come online without the connection to Evergreen Mill Road Council Member Steinberg: Okay,that's what I want to know I thank you for that Now back to staff Do I understand that the landscaping for the Hallowed Ground frontage only happens after Landbay F is developed or prior to? Scott Parker No that's prior to,that's in the first phase Council Member Steinberg: So that can happen right away Scott Parker: That happens right away That was included in the proffer Council Member Steinberg: There was a reference made to sound abatement for a couple of the units,the language in the staff report suggests sound abatement if mitigation is required After the study is done and it's determined that sound abatement is probably needed, what then makes the final determination for those couple of units? Scott Parker: The ordinance requirements for noise abatement is handled through the DCSM through the site planning process. Once it determine the types of structures that are going to be built, and what is going to go there That's only going to apply to exterior noise The applicant is already profiting to interior noise attenuation There's a standard in the Town Plan that's recommended guidance Being that whatever is in the noise abatement order is subject to review and approval by the Department of Plan Review when the site plans or preliminary subdivision plans,whatever their mechanism is it comes before them, and then that's the requirement for proof of attenuation Council Member Steinberg: Okay Thanks Well, comments, there's no question This project has come a long way, and I know this has been years in the making, and the fact that it is where it is now versus as Vice Mayor Martinez alluded to somewhere between 1,200, 1,500 homes initially is I think recognizes a lot of work on the part of the applicant and the staff That said, I know that the resistance is to the gas,the service station I honestly concur that as one of our residents said, we may not be there yet but the fact is, we are certainly moving towards a time when fossil fuels will be less desirable There are service stations all around this particular development within easy reach, and since you've got to get in your car to go to one anyway another mile probably isn't going to make the difference I'm not sure there's a lack of electric chargers involved here but that might be something to think about It seems to me oftentimes in these types of developments, you have the service station but in the end, it's the convenience store that's the economic driver There's some people tell you they're spilling money and gas unless something has changed over the last couple of years I assume a carwash as well but Page 24 December 13, 2022 it looks like the greatest resistances to the gas station and while part of this project may certainly be approved this evening, I suspect another part probably won't Thanks Mayor Burk: Mr Cummings Council Member Cummings: Thank you One question for staff, it was brought up dunng the public hearing about traffic going through the Meadowbrook Farm neighborhood,what can we do as the Town to try to either prevent that traffic or at the very minimum slow it and keep it safe as folks are going through that street? Scott Parker:The best way for me to answer that sir, is going to be speculative at this point Because based on our professional staff analysis, we don't see cut-through traffic as being convenient through Meadowbrook Farms to get here The road network is set up so that you come down King Street, make a right on Marathon, and then a left into, it's a much more convenient route,even if you're coming down Battlefield Parkway then weaving down Akan Street at or Themes, et cetera Staff doesn't feel like there's going to be cut-through traffic through Meadowbrook Farms for that We feel like that it's set up However, once the neighborhood does get built, there could be measures that could be taken a look at They are public streets, et cetera, but they're just as in other neighborhoods, traffic calming measures could be anticipated but they do have parking on the streets there, etcetera That's the way that we approached it Council Member Cummings: Okay Could you walk me through one more time the amenities offered by the Townhomes' Scott Parker:As far as the open space amenities? Council Member Cummings: Just all of the amenities Scott Parker: Basically what we have is, look over this real quick The amenities for this is an active green area of approximately one acre here that's going to be built out There is a tot lot and an active green in this area right here as well.There's an active green right here with another tot lot here and this has a feature with the gazebo, and that'll be usable The public gathering,there's going to be a trail built here on the stormwater pond site The applicant has easements to do that is under control of Meadowbrook Farms Estate's HOA but they have the right to do that through agreement There's going to be the open space area that's going to open into this open space amenity area here as well but specifically for the townhouses Then there's going to be this area right here To go further with that, this is what the applicant is proffering to build out on this active rec park west, ornamental plantings, a trail through there, a shelter, picnic areas and those are going to be community garden plots that are going to be fenced in along here that residents of the neighborhood can utilize for plantings being that they're townhouse areas Council Member Cummings: Is there any process the Town can ask the applicant to go through to ensure when they're selling these townhomes that the purchasers know that they're not being given access to the amenities in Meadowbrook Farms? Scott Parker There is a proffer,the applicant had been working with the Meadowbrook Farm Estates HOA whatever that entity was there. They may be able to speak a little bit more detail to that about potentially having the utilization shared There was no interest in that The pool is undersized,et cetera The proffers do indicate that should the two HOAs come to an agreement at some point in the future, they're most certainly welcome to do that There is no cross-agreement at that time, but there will be a disclosure if I'm not mistaken I will leave that to them Under the proffers the establishment of the HOA, et cetera will have disclosures that they will not be part of that unless there is the set agreement that I just referenced Council Member Cummings: Okay On Landbay F, the applicant would need to come back in front for the legislative process to get anything approved in that Landbay, correct? Page 25 I December 13, 2022 Scott Parker:Yes, sir This is being zoned PRN Every piece of property within the PRN has to have a designated land use This is open space Should anything be proposed there other than that, that it would have to go through the legislative process to amend the concept plan and the proffers would require a new traffic study, et cetera Council Member Cummings: All right Well,just a few quick comments This is a tough one for me Out of the gates, I just do not support the gas station and the carwash I think for all the reasons given When it comes to the residential and the commercial, as the Vice Mayor mentioned, we've seen the Town grow and there's a huge demand to live here in Leesburg There's a demand to start your business or operate a business here As a member of Council, I have to not just, unfortunately, think about the neighborhood, but also think about the greater good for the Town We're seeing a 330 give or take net positive impact fiscally for the Town with this rezoning There's some financial savings with the expansion of Evergreen Mill Road right-of-ways that we're seeing from this It really is, it's going to be a difficult decision for me and because of the impact of traffic I think we all know that Evergreen Mill Road, King Street and the bypass is a choke point currently for the Town Unfortunately,the bypass being updated and continued to improve upon is not something we can plan on We need help from Richmond We need help from maybe Federal government to get us some funds to do that The one con that I have beyond the gas station and the carwash is just the impact traffic down the road near the bypass I hope as a Council we continue to look at ways to always be improving traffic surrounding our neighborhoods Mayor Burk: No,that's [unintelligible]. Ms Nacy, do you have any comments? Council Member Nacy: Thank you I just have a quick question about Landbay F I think most of my questions have been answered Everyone else has said what I was thinking as well. I agree that the gas station, especially a 24-hour one is just a hard no for a neighborhood Landbay F, I'm just cunous if there is a potential plan for that,what is the thought process behind pushing this application through without the full plan for that and waiting instead to present an entire plan for that included? Scott Parker: Council member Nacy, this is, Scott,was that question for staff or for the applicant? Council Member Nacy: Maybe both I guess it depends on if it's something you discussed with the applicant that you could answer Scott Parker Okay I'll give it a shot The applicant did approach us when we were originally talking about this, about building a Continuing Care Facility The information that the applicant gave about our ordinances at this time being able to accommodate what is considered a modern, I'm making quoting marks with my fingers continuing care facility is accurate, we have all of the uses are allowed, but they are allowed within specific zoning districts, as opposed to being allowed as one comprehensive look at a comprehensive plan That cannot be accommodated with this plan Basically, the applicant in order to forward the application has designated much to their consternation, 1 might add,the designation of open space to this until such time as we can look at rt comprehensively what is anticipated, and that is surely speculative at this point but it is anticipated that the first quarter of next year, the Council will have the ordinance about a continuing care facility that will be applicable townwtde, not necessarily just for this property, that will accommodate a concept plan and a proffer amendment that will allow said use on this property For some reason, if that doesn't happen, if this ever does change, then again it will have to be changed but the staff did not feel that at this time given the goals of the application that that was necessary to hold the entire application up based on that Council Member Nacy:Okay, so you don't foresee any potential risk then from a rezoning and leaving a parcel empty that could potentially the plan change for and we have to go through this process again Page 26 I December 13, 2022 at some point and I'm just trying to weigh the risks there of rezoning a piece of land and then something completely different coming up down the road Scott Parker: There is nothing precluding any applicant from coming forward to propose a concept plan or a rezoning but it would have to go through the entire legislative process of the Planning Commission,et cetera New traffic studies for that, but that's the same that it would be far an Oaklawn, Potomac Station, et cetera, that's not uncommon Council Member Nacy Okay, thank you That's all the questions I have Mayor Burk: Is Ms Fox still with us?Yes Council Member Fox: Hi Yes, I just have a quick clarifying question for staff Is this rezoning inclusive of everything but Landbay F? In other words, does the applicant still want to include the gas station in this rezoning? It's not just a special exception, is that correct? Scott Parker The entire applicant--all of the Landbays, the entire 23 56 acres, including Landbay F and Landbay G is included in the rezoning request That would be all of it except for 1 44 acres would be rezoned to PRN, 1 4 acres of Landbay G would be developed to B3 If the special exception is not approved, then by right, B3 uses would be allowed on this property subject to the proffer limitations of the uses they've proffered out of That would come under the review of site plan by DPR, Department of Plan Review, and the Board of Architectural Review for gateway compliance Council Member Fox:Okay,and again,the service station and carwash is part of those uses,correct? Scott Parker: The special exception, Landbay G is a special exception If the application were to go forward with the rezoning but not the special exception, there would be no gas station or carwash on this location, no Council Member Fox: Okay,that's it Thanks Mayor Burk:Well, I have some questions The first one by chance,what are our rules about the HOAs notifying their residents about development implications? Do we have rules that say that the residents have to be notified within five days of receiving the notice from the developer or whatever? Scott Parker We have specific notification requirements for the application itself that the applicant did comply with Mayor Burk: I'm not asking the applicant, I'm asking about the HOA The reason is because we had a number of emails from people that said that the Meadowbraok HOA did not notify them until last night that there would be a public hearing today Scott Parker:Yes, I'm not aware of that situation Mayor Burk: Pm just asking do we have any requirements that say, no. HOA, you have to, if you get something from a developer, you need to within five days notify your residents Christopher Spera: Madam Mayor, those are typically not statutory Those are typically in the approved documents, so when the HOA is created, there's a set of approved documents that-- Mayor Burk: It's on the HOA? Christopher Spera:Yes, ma'am Mayor Burk: You guys might want to talk to your HOA about that because they just got notified It's a major implication for them, so it's a shame Are we still in a lawsuit with the previous application? Christopher Spera: Yes, ma'am. There's been no activity in that litigation for several years but to my understanding, the case is not yet dismissed Page 27 I December 13, 2022 Mayor Burk: Okay You're saying that if Landbay G is denied as a gas station that it goes by right? Scott Parker: Yes ma'am Mayor Burk: Why does it go by right, but Landbay F has to have a designation with R? Scott Parker: Because Landbay F is included in the portion of the application that is considered the PRN and has been designated as open space The way that this would go forward is that in the process would be that the rezoning would be approved first, and then the special exception would be voted on Mayor Burk: Say that again Scott Parker:The rezoning would be for the entire property would be voted on,which includes Landbay G.Then you would-- because that grants the land right, of the zoning of B3,then the special exception would be allowed to be voted on. If that is not approved, then it will have a B3 zoning designation on the property which would allow by right B3 uses on here that have not been specified on a one acre, just that one-acre piece There would still be subject to BAR approval,site plan,et cetera What I will bring up is that the buffering that's included with the rezoning which is significant because of the impact of a gas station that remains with the application with the rezoning regardless of whether the special exception is approved or denied Mayor Burk: Okay I'll have to think about that I have some issues with that, I'll have to think about that Who will maintain the small open spaces that you pointed out? Scott Parker The smaller open spaces? Mayor Burk:Well, yes Scott Parker The tot lots, et cetera?This HOA will be the main maintainer of the open spaces for this residential component Mayor Burk: Even the bigger one? Scott Parker: Yes. In Landbay F, there's probably going to be two HOAs and a master I don't know exactly but the main--but Landbay F is going to be maintained by the HOA as well There's a provision in the proffers that it will be maintained a certain distance back Peter Kalaris:The developer is going to maintain Landbay F Mayor Burk: Excuse me, you need to come to the microphone. Peter Kalaris:Yes Hi, my name is Peter Kalaris Yes, Scott's correct The open space that's provided for the townhouses will be maintained by the HOA for the townhouses but Landbay F,we have proffered that we will maintain that as a meadow until such time as it's developed another use For example, if we're senior housing, then senior housing people would maintain Mayor Burt Thank you My problem with that is that we have, so often we end up doing something similar to this People get used to it being open space They expect it,they think that's where their dogs can go and their kids can play and that sort of thing Then they find out years later that it's going to be developed into something and it becomes, they feel like they've been robbed of something That always concerns me when we don't define,when we leave something as open space,when there's no intention that it's going to stay as open space The bypass will hold I'm going to go in the weeds a little bit here In looking at the proffers,the resolution talks about square footage in B3, paragraph three, page 134,the third,whereas, so the proffers in the resolution don't quite agree Has that been changed since I looked at it? Scott Parker: I'm sorry ma'am I'm going to have to look at that Page 28 I December 13, 2022 James David: I believe the resolution is for the special exception plat, and the ordinance is for the rezoning Mayor Burt I can't hear you James David: I'm sorry.The spec,the resolution is for the special exception request,and the ordinance is for the rezoning Mayor Burk: The proffers don't have to agree with the resolution James David: The proffers are referenced in the draft ordinance and on the resolution, the special exception,there's conditions of approval Mayor Burt Again, you're saying they don't have to agree that there can be a reference to square footage in one and not in the other Is that correct? James David: Correct Mayor Burk: Okay If I'm still stuck on Landbay F because Landbay F and Landbay G, because if you look at the minor modification, 3.3 20, number C says,well, minor modifications to the approved zoning concept plan or proffer may be approved at the sole discretion of the land development official, where it is determined that the following criteria are met Number C says modifications shall not include the addition of any structure or addition to a structure in excess of 5% If you build on that on G, now that's a 100% change Why wouldn't it have to go through the legislative process? James David:The difference between Landbay F and G is that in the applicant's concept development plan, they've designated Landbay F interim open space If they want to change that designation, they have to come back and amend the concept development plan In Landbay G the applicant has designated that as B3 uses and so if at a later date a B3 use comes in, that's by right,that would be in compliance with the concept development plan-, since B3 uses is designated on that - Now,what the CDP is lacking is a building footprint of what will go in that B3 Landbay The applicant is hoping for a service station and they've detailed that out, but I think that they're reading the tea leaves and thinking special exception for a service station may not be supported They're asking the Council if the rezoning to B3 uses as part of the rezoning is supportable Mayor Burk: You're saying that the modification doesn't apply at all?That— James David: They wouldn't have to come back and modify the CDP since the CDP has designated B3 uses Mayor Burk: Okay I don't necessarily agree with you, but I'll let that go James David: Understood Mayor Burt All right, does anybody else have any questions, additional questions at this point? All right, is there a motion?Could you put them up, please? Scott Parker Yes, Ma'am Vice Mayor Martinez: I will move to approve the proposed ordinance approving rezoning application TLZM-2021-001, including the concept plan revised through November 18'h, 2022, and the proffers dated November 18m, 2022, based on finding that the rezoning is compatible with neighboring properties consistent with the applicable regulations of the Legacy Leesburg Town Plan and Town of Leesburg Zoning Ordinance and is consistent with the protection of the health, safety, welfare and convenience of the community Mayor Burk: Is there a second? Seconded by whom? Page 29 I December 13,2022 James David: Madam Mayor, if we could interject one moment? Our apologies We noticed a typo The motion should reference a concept plan dated November 3011 and proffers dated November 301h Our apologies, Vice Mayor Vice Mayor Martinez: I'll change it to those appropriate dates Mayor Burk: All right, any additional discussion. Mr Steinberg? Council Member Steinberg: Point of information, so everybody's clear, we're voting to approve the rezoning which is not approving the special exception? James David: That is correct, sir Council Member Steinberg: Okay,thank you Mayor Burk: All right All in favor indicate by saying aye Members: Aye Mayor Burk: Pardon? Council Member Fox: Aye Mayor Burk: Yes I didn't hear Ms Nacy Council Member Nacy: Nay Mayor Burt Okay That is five,two,with Ms Burk and Ms Nacy voting nay Resolution,are you doing the next one Mr Martinez? Vice Mayor Martinez: I can Do you have the next resolution up there? Scott Parker I'm sorry, sir Vice Mayor Martinez: Is this a special exception? Scott Parker Yes Vice Mayor Martinez: Okay I'll move to approve the proposed resolution, improving special exception application TLSE-2021-002, Meadowbrook Service station and carwash with all conditions based on finding that the property for the property use is compatible with neighborhood properties consistent with the application regulations of the Legacy Leesburg Town Plan, Town of Leesburg Zoning Ordinance, and is consistent with the protection of the health, safety, welfare and convenience of the community Mayor Burk: Is there a second? No second on this? Okay, this will die for a lack of a second Is there another motion? Council Member Steinberg: Yes, Madam Mayor I move to deny the proposed resolution based on the finding that the proposed use is not consistent with the applicable regulations of the Legacy Leesburg Town Plan and Town of Leesburg Zoning-- Vice Mayor Martinez: Oh, a point of order Mayor Burk: Yes Vice Mayor Martinez: Town Attorney, since we failed the first one, do we need to deny it? Christopher Spera: No, but it is not improper to do so Page 30 December 13. 2022 Vice Mayor Martinez: Okay Christopher Spera: There are two paths to get to the same answer,so that is a proper motion that Mr Steinberg's making will determine if it goes forward,whether or not there's a second Council Member Cummings: Second Mayor Burk: Okay Council Member Steinberg made the motion seconded by Council Member Cummings, any additional discussion at this point? All in favor of denying the convenience store and carwash service station with convenience store and carwash, basically is what it was All in favor indicate We are in favor of denying indicate by saying,Aye Members:Aye Council Member Fox:Aye Mayor Burk: Ms Nacy Council Member Nacy:Aye Mayor Burk:Aye All opposed? Vice Mayor Martinez: Nay Mayor Burk: That's 6-1 with Mr Martinez voting in opposition Thank you very much Council disclosures Ms Fox, you're waiting to get on a plane so do you have anything? Council Member Fox: Yes, thank you I'm just about to board I just want to say thank you for everything It's been great I've enjoyed working with the Council and I've enjoyed working with people that I ve worked through throughout the years I appreciated Dave Butler coming in That was a nice gesture I will miss you guys over and out Oh, one disclosure, I did meet with Mr Kalans this past week Thank you, bye Mayor Burk: All right. Ms Nacy Council Member Nacy: No disclosures and just wanted to wish everybody very happy holidays and say thank you and goodbye with a little tear in my eye to Suzanne and Marty and thank them for their service over the last many years for Leesburg Mayor Burk:All right Thank you, Mr Steinberg Council Member Steinberg:Yes, no disclosures, no future meeting items, but also happy holidays to everyone, and I think we're not quite finished our meeting yet, but thanks Mayor Burk: Mr Cummings Council Member Cummings:Yes,just quickly one disclosure I had a phone conversation last week with Peter Kalans I wanted to add my thanks and good wishes to Vice Mayor Martinez and Council Woman Fox I enjoyed working with both of you and look forward to seeing you again around Town Just want to say happy holidays to everybody and hope everyone has a great Christmas and Hanukkah and a happy New Year Mayor Burk: Mr Bagdasarian Council Member Bagdasarian: Yes Just one request for proclamation in our January, first January meeting,a proclamation recognizing the life and contributions of Mr Paul Reimers and Don Chapman, so two separate proclamations Mayor Burk:Are four people okay with that? Page 31 1 December 13, 2022 Council Member Bagdasanan: Just wanted to share my appreciation for Vice Mayor Martinez and Council Member Fox, and for working with both of you over the last two years and wish you the best and happy holidays Mayor Burk:All right I would like to welcome the Birch Tree Bookstore to their new location at 11 West Market Street Another new independent bookstore in Leesburg is a great addition December 2rd, we had tree lighting was very well done, and thanks to the Town Council Members that attended Thanks to Parks and Rec staff who put it together The tree was our first live tree from the area, and it was from Middleburg, and it was beautiful December 3i'd Council Members Cummings and Steinberg helped me cut the ribbon on the mural for the Virginia Village that was our first pilot and oh, Mr Bagdasanan was there too Sorry That was our first pilot program and for a commercial building,and I think it went really well It's a great addition to that area I want to welcome Elite Brows for their new business It's a small business with a lot of big dreams It's located in the old Walmart location I want to congratulate the George C Marshall House for their lovely tree ceremony They have decorated a tree from every country that accepted that was helped by the Marshall Plan It's a beautiful walk Take the time if you have a chance to just walk through what and enjoy the scenery December 6'd, SimplyBe held coffee with the cops That a terrific event for the public to meet the Leesburg Police and the Loudoun Deputies December P° at Church and Market held its groundbreaking This redevelopment will be a real game changer for the downtown I'm imagining great things from this development and very excited for it December 8, the Leesburg Diner and its owner, Mike O'Connor held the annual shop with the cops The restaurant provides dinners and the officers take the kids to Target where they have$250 to spend on their family holiday gifts It's a truly wonderful event, and thanks to the Police that raised the money for the gifts and to Mr O'Connor and the Leesburg Diner for the dinner Jingle Jam was held again this year for the first time in two years. It was a spectacular event. The musicians, I'm telling you, are world-class and it's just, it fills everyone with joy and excitement, and I'm so glad that a's back-Thanks to Cal Everett and Todd Wright for organizing it again. and we miss you Stilson Greene You started it so many years ago, and thank you The Holiday Parade was another great event Parks and Rec knows how to do their parades,that's for sure Thanks to the Police and the street crews that had to stay late, and it was well attended and great fun Today, Mr Cummings, Mr Wertz,and Delegate Reid and I Joined at the ribbon cutting for the new DMV on Edwards Ferry Road They are averaging four minutes for you taking a seat to being called to the kiosk They hope to improve their efficiency and service for all It's a beautiful new location on Fort Evans Road This is the last meeting of the year I would like to congratulate Mr Steinberg on his reelection Best wishes to Ms Fox and to Mr Martinez on his effort to become a Delegate Welcome our new members in January I want to wish everyone and merry, merry Christmas Happy Hanukkah Happy Kwanzaa Happy holiday to everybody We will be back in January and look forward to seeing everybody walking around Town and talking and seeing everybody So please have a very happy holiday Town Manager, do you have anything to add' Kaj Bender:Just very briefly First I think I speak probably for the Town Attorney as well.We thank you for your continued support Second, I'm looking forward to the new year Tara is chasing all of you and Mr Wit as well as, oh my gosh, Todd Johnson I remember that one To get scheduled to meet with your facilitator in early January in preparation for the retreat later in January Third, I want to congratulate Mr Martinez and Ms Fox on your long service to the community Thank you for everything you've done over the many years Wish you the best going forward Finally, happy holidays, everybody Council Member Bagdasarian: I had a Disclosure Mayor Burk:Yes, sir Page 32 1 December 13, 2022 Council Member Bagdasarian: Big one I had a disclosure I forgot about I was with Mr Kalans on Friday regarding the Meadowbrook rezoning I noticed we skipped over my presentation for the mural stuff If you really want to see it,just contact me sometime and I'll zoom it for you Yes, big one Mayor Burk: Okay, thank you, Bagdasarian Is there a motion to adjourn? Oh, we do have a closed session,that's correct Council Member Steinberg: You also didn't let Mr Martinez speak Mayor Burk: Oh my gosh Oh, thank you for letting me know that Oh, my, that would've been very ugly, [laughs] Mr Martinez Vice Mayor Martinez: Well, you're just making it like a regular meeting anyway Mayor Burk: [laughs] Vice Mayor Martinez: Well, I just wanted to say a few things that I really appreciated the Town for the last 20 and a half years and Town staff and Council Members that I have worked with If you look at where we started in 2002 with a Town that was dying and lacking business downtown We've gone all the way from downtown improvements to making Leesburg a very viable and fun place to live I'm very proud of that People ask me, why local government? That is why Because you get to see what you're voting on, what you're doing in person You live long enough to see it I'm very proud of all the stuff that we have done. I've learned a lot about local government, learned a lot about land use, learned a lot about Town budgets and tax rates, and all the other legislative stuff I'm just amazed at how much I learned and how much I still should be learning I interact with all kinds of different kinds of people, but the staff at all times, all the different directions I interact with some Council Members and the residents, and it's all been fun and I've really enjoyed it It's-been one of the most satisfying things I felt I've ever done in my life I always encourage people to give it--you need to try it because it is very satisfying I want to thank Mr Butler and Ms Burk for coming up and saying thank you You have no idea what that means to me I also want to thank the Town for their farewell reception The only thing missing was Ryan Zimmerman You should have had him there It was fun and I really appreciate it Calvin, I want to say it's been wonderful working for you, and good luck with your retirement That Is it, and thank you, Ka] Thank you, Chris Eileen, Ara, Zach, Neil, Suzanne, and Kan Yes, I should ignore her, but I won't because she's very integral in a lot of our successes Mayor Burk Thank you Mayor Burk: I have a motion to adjourn Oh darn I thought we went beyond that[crosstalk] Vice Mayor Martinez: Well the question is do I really need to be in Closed Session? [inaudible] Mayor Burk: Well, that is totally up to you Pending annexation with respect to the Joint Land Management Area I move pursuant to Virginia Code section 2 2-3711(A)(8) and 2 2-3711(A)(3)of the Code of Virginia that the Leesburg Town Council convene in closed meeting for the purpose of consultation with legal counsel and briefing by staff members regarding special legal matters related to pelratng annexation and the JLMA,where such consultation in open session would adversely affect the negotiating or litigating posture of the Town Do I have a second? Seconded by Council Member Cummings Is Martinez leaving? Christopher Spero: He is Mayor Burk: Okay All in favor Members:Aye Mayor Burk:Are the electronic people still on? Page 33 I December 13, 2022 Council Member Nacy:Aye Eileen Boeing: [Inaudible] Mayor Burk: Ok, so that is 6-0-1, no 5-0-2 Sorry Council went into Closed Session at 9:33 p.m. Council convened in an open session at 10:10 p.m. Christopher Spera: Madam Mayor you need to do the roll call vote Mayor Burk: I don't have my glasses but I will do the best I can here In accordance with Section 2 2-3712 of the Code of Virginia, I move that Council certify to the best of each Member's knowledge that only public business matters lawfully exempted from the open meeting requirement of Virginia Freedom of Information Act and such public business matters for the purpose identified in the motion by which the Council meeting was convened were heard, discussed, considered in the meeting by Council Council Member Steinberg Council Member Steinberg:Aye Mayor Burk: Council Member Cummings Council Member Cummings: Yes Mayor Burk: Council Member Nacy Council Member Nacy:Yes Mayor Burk: Council Member Bagdasarian Council Member Bagdasarian: Yes Mayor Burk: Council Member Burk, yes Ms Fox is gone, right? Ok and Mr Martinez is gone Christopher Spera: [inaudible] You need to make a motion to adjourn Mayor Burk:Would anyone like to make a motion to adjourn Council Member Steinberg: Move to adjourn Council Member Cummings: Second Mayor Burk:All in favor? Members:Aye Mayor Burk: Opposed? Are you opposed or in favor Council Member Bagdasarian: I don't know, let's think about this Page 34 December 13, 2022