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)
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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.
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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:
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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
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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?
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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