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HomeMy Public PortalAbout2023_tcmin0314 COUNCIL MEETING March 14, 2023 Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Todd Cimino-Johnson, Zach Cummings, Kari Nacy, Vice Mayor Neil Steinberg, Patrick Wilt, 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 Finance and Administrative Services Clark Case, Director of Public Works and Capital Projects Renee LaFollette, Director of Utilities Amy Wyks, Director of Parks and Recreation Rich Williams, Director of Economic Development Russell Seymour, Interim Chief of Police Vanessa Grigsby, Director of Planning and Zoning James David, Director of Plan Review Bill Ackman, Director of Information Technology Jakub Jedrzejczak, Deputy Director/Treasurer of Finance and Administrative Services Lisa Haley, Deputy Director of Planning and Zoning Brian Boucher, Deputy Director of Parks and Recreation Kate Trask, Deputy Director of Utilities Brian Stone, Management and Budget Officer Cole Fazenbaker, Assistant Public Information Officer Leah Kosm, and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Nacy r _ 3. SALUTE TO THE FLAG was led by Mayor Burk. 4. ROLL CALL 5. MINUTES a. Work Session Minutes of February 27, 2023 MOTION 2023-047 On a motion by Vice Mayor Steinberg, seconded by Council Member Bagdasarian, the February 27, 2023, Work Session minutes were moved for approval. Council Member Nacy abstained from the vote as she was not present at the February 27, 2023, Work Session. The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Vice Mayor Steinberg, Wilt and Mayor Burk Nay.• None Vote: 6-0-1(Nacy abstain) L II Page COUNCIL MEETING March 14, 2023 b. Regular Session Minutes of February 28, 2023 MOTION2023-048 On a motion by Council Member Nacy, seconded by Council Member Bagdasarian, the February 28, 2023, Regular Session minutes were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings,Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 6. ADOPTING THE MEETING AGENDA MOTION2023-049 On a motion by Vice Mayor Steinberg, seconded by Council Member Bagdasarian, the meeting agenda was moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None LVote: 7-0 CERTIF ICATES FICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. Revised Mayor and Town Council Service Recognition Month Proclamation MOTION 2023-050 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the following was proposed: I move to revise the Mayor and Town Council Service Recognition Month Proclamation to be proclaimed at the March 14, 2023, Town Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 I 2IPage COUNCIL MEETING March 14, 2023 9. PRESENTATIONS a. Planning Commission -2022 Annual Report Planning Commission Chair Brian McAfee presented Council with the 2022 Planning Commission Annual Report. b. Technology and Communications Commission 2022 Annual Report Technology and Communications Commission Chair John Binkley presented Council with the 2022 Technology and Communications Commission Annual Report. 10. REGIONAL COMMISSION REPORTS Mayor Burk reported on the Coalition of Loudoun Towns (COLT) meeting. COLT members reviewed a report from the Commonwealth Attorney's Office and that the members had lingering questions related to the services of the Commonwealth Attorney's Office. The COLT members will send a letter to the Commonwealth Attorney's Office requesting additional information. 11. PETITIONERS The Petitioner's Section opened at 7:30 p.m. Matt Chwalowski, 861 Smartts Lane. Spoke to Council requesting action on the following items: trash, gravel and debris in the bike lanes on Plaza Street; trash in the roadway on Battlefield Parkway near the shopping center; safety issues regarding the pedestrian crossing on Route 15 North Bypass and Battlefield Parkway; and, concerns with the use of cars and trucks to block King Street during event closures. Suzanne Larkins, 3 Royal Street SE. Spoke to Council regarding the parking requirements for the proposed project at 208 King Street and the effect to the surrounding property owners. Ms. Larkin provided comments under separate cover and asked that they be included as an official part of the March 14, 2023, meeting minutes (attached). Ann Jansen, 105 Balch Spring Circle. Spoke to Council about the increased air traffic at the Leesburg Executive Airport and the impact it has had to nearby residents. Ms. Jansen also spoke about concerns related to the FAA/Saab decision to discontinue the Remote Air Traffic Control System at the Airport. The Petitioner's Section closed at 7.42 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION 2023-051 On a motion by Council Member Cummings, seconded by Vice Mayor Steinberg, the following consent agenda was proposed. L 3 I Page COUNCIL MEETING March 14, 2023 a. Additional Rehabilitation Work ofFilters at the Water Filtration Plan RESOLUTION2023-038 (I)Approving a Supplemental Funding Appropriation to Fiscal Year 2023 Utilities Fund Capital Improvements Program(CIP)in the amount of$1,000,000, and(2)Authorizing the Town Manager to Execute Construction Contract Change Orders, as necessary and in an amount not to exceed the Supplemental Funding Appropriation, to WGK Construction, LLC for Refurbishment of Filter 4 and Filter 3 at the Water Filtration Plant(WFP) b. Contract Award for Purchase ofReplacement Vehicles RESOLUTION2023-039 Approve Contract Award for Fiscal Year 2023 Replacement Vehicles to Apple Ford, Inc. in the amount of$207,923.76 c. Town Parking Garage Structural Improvements Project—Change Order#2 RESOLUTION2023-040 Authorizing the Town Manager to Execute a Change Order in the amount of$258,000 for Construction of the Town Parking Garage Structural Improvements Project d. Adoption ofthe 2022 Northern Virginia Hazard Mitigation Plan and Town ofLeesburg Annex RESOLUTION2013-047 Adoption of the 2022 Northern Virginia Hazard Mitigation Plan and Town of Leesburg Annex e. Fiscal Year 2024 Creative Communities Partnership Grant RESOLUTION2023-042 Authorization to Apply for the Creative Communities Partnership Grant through the Virginia Commission for the Arts and Providing for the Distribution of the Grant Funding and Town Matching Funds to Certain Independent Art Organizations f Participation in Proposed National Opioid Settlement RESOLUTION2023-043 Approval ofthe Town's Participation, as a Town within Loudoun County, in the Proposed Settlement of Opioid-Related Claims against Teva, Allergan, CVS, Walgreens, and Walmart, and their Related Corporate Entities, and for the Town Attorney to Execute Any Documents Necessary to Effectuate the Town's Participation in the Settlements L 41 Page COUNCIL MEETING March 14, 2023 g. Appointment to the Commission on Public Art—Linda Ifert RESOLUTION 2023-044 Appointing Linda art to the Commission on Public Art The Consent Agenda was approved by the following vote: Aye. Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 13. RESOLUTIONS /ORDINANCES / MOTIONS a. Douglass High School Art Mural Ms. Donna Torraca and Ms. Sara Howard-O'Brien with Loudoun County Public Schools presented Council with the proposed Douglass High School Art Mural and asked Council for their support. Council and the Loudoun County staff discussed the mural project. MOTION 2023-052 On a motion by Council Member Cummings, seconded by Council Member Cimino-Johnson, the following was proposed: 111 RESOLUTION2023-045 Approval of Douglass High School Art Mural Designed by Artist Jason Tetlak The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 b. Water and Sewer Service Extension Request for Data Center at Compass Creek Ms. Amy Wyks presented the water and sewer service request for the proposed data center at Compass Creek. Council and staff discussed the request. MOTION2023-053 On a motion by Council Member Cummings, seconded by Vice Mayor Steinberg, the following was proposed: RESOLUTION2023-046 Conditional Approval of Water and Sanitary Sewer Extensions to Serve Data Center at Compass Creek L 5 1 Page COUNCIL MEETING March 14, 2023 The motion was approved by the following vote: Aye: Bagdasanan, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg and Mayor Burk Nay: Wilt Vote: 6-1 c. Appointment to the Residential Traffic Commission Mayor Burk noted that two nominees were received from Council for the Residential Traffic Commission vacancy Ms. Cherie Jones (Mayor Burk) and Ms. Amy Fagerli (Council Member Nacy). MOTION 2023-054 On a motion by Mayor Burk, seconded by Vice Mayor Steinberg, the following was proposed: RESOLUTION 2023-047 Appointing Cherie Jones to the Residential Traffic Commission The motion was approved by the following vote: Aye. Bagdasarian, Cimino-Johnson, Cummings, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: Nacy Vote: 6-1 d. Appointment to the Commission on Public Art Mayor Burk noted that one nominee was received from Council for the Commission on Public Art vacancy Ms. Tyra Flynn (Mayor Burk). MOTION 2023-055 On a motion by Mayor Burk, seconded by Council Member Cummings, the following was proposed: RESOLUTION2023-048 Appointing Tyra Flynn to the Commission on Public An The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings. Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay. None Vote: 7-0 e. Appointment to the Environmental Advisory Commission Mayor Burk noted that one nominee was received for the Environmental Advisory Commission vacancy Ms. Patricia Hatfield (Mayor Burk). 61Page COUNCIL MEETING March 14, 2023 MOTION2023-056 On a motion by Mayor Burk, seconded by Council Member Nacy, the fallowing was proposed: RESOLUTION2023-049 Appointing Patricia Hatfield to the Environmental Advisory Commission The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings,Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 14. PUBLIC HEARINGS a. TLOA-2022-0009 Hotel Parking in the B-I District The Public Hearing opened at 8:05 p.m. Mr. Brian Boucher provided Council with an overview of the proposed Zoning Ordinance amendment to reduce minimum parking requirements for hotel/motel use in the Downtown Business (B-1) District. Council and staff discussed the proposed amendment. Public Speakers: Kevin Ash. Spoke to Council in support of lowering the minimum parking requirements for hotel/motel use in the downtown. The public hearing dosed at 8:32 p.m. MOTION2023-057 On a motion by Council Member Cummings, seconded by Council Member Cimino-Johnson, the following was proposed: ORDINANCE 2023-0-005 Amending Leesburg Zoning Ordinance Article 11 Parking, Loading and Pedestrian Access for the Purpose of Revising Parking Requirements for Hotel/Motel Use in the B-1 District The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Wilt Nay: Vice Mayor Steinberg and Mayor Burk Vote 5-2 b. Public Hearing—Fiscal Year 2024 Proposed Budget The Public Hearing opened at 8:33 p.m. 7IPage COUNCIL MEETING March 14, 2023 Mr. Cole Fazenbaker provided an overview of the proposed Fiscal Year 2024 Budget with a proposed tax rate of 17 74C. Public Speakers: There were no speakers wishing to address this public hearing. The public hearing was closed at 8:43 p.m. Mayor Burk noted the final budget mark-up session will be held March 27. The adoption of the 2023 tax rate, the Fiscal Year 2024 Budget and the 2024-2029 Capital Improvements Program is scheduled for adoption at the March 28 Council Meeting. 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Cimino-Johnson noted he attended the Virginia Certified Planning Program offered through VCU He noted the program runs through May and recommended the program to anyone else in need of the training. Council Member Cimino Johnson attended an event with the John Champe Chapter of the Virginia SAR who was celebrating their 250th anniversary for the committee on correspondence through the colonies. Council Member Cummings disclosed he met with Mr. Don Knutson regarding a property he owns near the Liberty Street Lot, as well as the Liberty Street Lot RFP Mr. Cummings also disclosed he had a meeting with the representatives of the owner of a Depot Court property and Town staff to talk about potential future redevelopment. Council Member Wilt disclosed he met with Mr. Kevin Ash, Council Member Bagdasarian and Town staff regarding the proposed Inn project. Council Member Bagdasarian disclosed he met with Mr. Kevin Ash, Council Member Wilt and Town staff regarding the proposed Inn project. Mr. Bagdasarian added that he is unable to attend the March 27 Work Session due to a work conflict on the west coast but would participate by phone for the March 28 Council Meeting. Vice Mayor Steinberg requested a future Work Session discussion on the potential for residential metered parking/permit parking in the Historic District. It was the consensus of Council to add this item to a future Work Session for discussion. 8 1 Page COUNCIL MEETING March 14, 2023 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk welcomed Zest Clothing to Leesburg. Mayor Burk celebrated Read Across America event at the Birch Tree Bookstore which included reading books to children. Mayor Burk noted the Town is lucky to have two independent bookstores in Leesburg and thanked Birch Tree for allowing her to participate in their event. Mayor Burk met with Ms. Deborah Gilmore, CEO of Laws, and Mr. Tyler Peak to discuss land acquisition of a possible new shelter. Mayor Burk met with the Market Station HOA and noted how engaged the HOA is in their community. Mayor Burk met with the Bed and Breakfast Guild in Bluemont and congratulated the newly elected leadership of the Guild. Mayor Burk met with the representatives from Stack Infrastrucnue. They are looking to build a data center on the Peterson property Mayor Burk attended the pre- kindergarten "If I Were Mayor" program at Loudoun County Day School. Mayor Burk said she enjoys attending the annual event and complimented the students for their suggestions and teachers for their work at the school. Mayor Burk met with Delegates Reid and Delaney concerning the remote tower at the Airport noting that they recognized right away that Leesburg can't go back to having pilots landing and taking off at the Airport without control tower assistance. Mayor Burk also recognized the pilots using the Airport and their efforts to ensure Leesburg is a safe Airport and added that she met with Leesburg pilot Jen Diffender regarding her suggestions for the Airport. Mayor Burk wished every Irishman and every want to be Irishman a Happy St. Patrick's Day Mayor Burk requested a Work Session discussion on the parking in lieu program. It was the consensus of Council to add this to a future Work Session for discussion. 19. TOWN MANAGER COMMENTS a. None. 20. CLOSED SESSION b. None. 21. ADJOURNMENT On a motion by Council Member Cummings, seconded by Council Member Bagdasarian, the meeting was adjourned at 8:51 p.m. K Burk, ayor Town of Leesburg ATTEST of -02e-a-d? Clerk Council ® 2023_tcmm0314 �_'I 91 Page March 14, 2023—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.leesburbva.pov or refer to the approved Council meeting minutes. Council meeting videos are retained for three calendar years after a meeting per Library of Virginia Records Retention guidelines.) Mayor Kelly Burk: I would like to call tonight's meeting of the Town Council meeting of March 14,2023 Council Member Nacy will be giving the invocation and I will follow with a salute to the flag Ms. Nacy Council Member Kari Nacy: Thank you, please loin me in prayer.God of Wisdom,we seek your help today Come and let your wisdom fall upon us as we gather for this meeting Give us clarity so that we can effectively tackle each part of tonight's agenda, reveal problem areas, and show us the best solutions that will apply Point our eyes to every positive outcome and let these favorable results and developments encourage every heart in this room. Help us apply your wisdom and as we decide on certain matters and make plans.This we pray in Jesus' name,Amen Mayor Burk: Please loin me in the Pledge of Allegiance. I pledge- All: -to the flag of the United States--for which it stands,one nation— Mayor Burk:All right, let the record reflect that all members of Council are present I have two sets of minutes.The working session minutes of February 27, 2023 Do I have a motion/ Vice Mayor Neil Steinberg: So moved Mayor Burk: So moved by Vice Mayor Steinberg Second/ Council Member Ara Bagdasarian: Second Mayor Burk: Seconded by Council Member Bagdasanan, and Ms. Nacy you were absent for this, so all in favor, indicate by saying aye Members:Aye Mayor Burk: Opposed and abstain. Okay,6-0-1 The regular session minutes of February 28,2023 Council Member Nacy: So moved Mayor Burk: Council Member Nacy, second Council Member Bagdasanan All in favor, indicate by saying aye Members:Aye. Mayor Burk: Opposed? That passes, 7-0 Do I have a motion to adopt the meeting agenda/ Moved by-- Is that Council Member Bagdasanan Vice Mayor Steinberg: No Mayor Burk:Who was it/ Council Member Bagdasarian: I'm the second. Mayor Burk: Oh, I'm sorry [chuckles]Vice Mayor Steinberg Second/ Council Member Bagdasarian: Second Page 1 I March 14, 2023 Mayor Burk: Council Member Bagdasanan Is there anything anybody wants deleted or added? All right, being none.All in favor, indicate by saying aye Members:Aye Mayor Burk: Opposed?That passes, 7-0 We have a presentation tonight that had a slight revision to it, so I need a motion Vice Mayor Steinberg Second? Council Member Nacy: Second Mayor Burk: Council Member Nacy All in favor, indicate by saying aye Members:Aye. Mayor Burk: Opposed? That passes, 7-0 Let me read this proclamation and then I will take it down and present it We are very lucky tonight because we are going to be recognizing two residents of the Town that are unique women that have given so much time and service to Leesburg that we want to recognize them tonight This is a proclamation This is the Mayor and Town Councils Service Recognition Month Whereas Mayor Kelly Burk and the Leesburg Town Council have designated April as Service Recognition Month in the Town of Leesburg.Whereas the Mayor and the Town Council will kick off the celebration for Service Recognition Month on Friday, April 7th, 2023 with an open house event here at Town Hall Whereas the Mayor and the Town Council recognize residents who volunteer their time and strive towards improving the lives of their fellow community members Whereas volunteers address community needs in many ways, but mostly contribute by supporting local nonprofits and community service-oriented organizations in the areas of health, education, environmental programs, among others Whereas the community service work not only impacts those for which the programs and the initiatives are created, but also enriches the lives of those dedicated to helping others Whereas Service Recognition Month in Leesburg honors not only those who support their communities through volunteering, but also encourages Town residents to support local nonprofits and community service organizations Therefore,proclaimed,that the Mayor and the Leesburg Town Council in Virginia hereby designate April as Mayor and Town Council Service Recognition Month We recognize the value of Loudoun Hunger Reliefs many assistance programs which benefit Leesburg residents with emergency food assistance, weekend support for at-risk school children, nutrition education, senior and homebound home delivery, and a pet pantry, and an access to fresh local produce Recognize Maryse Wyser Pratte for her dedication to helping less fortunate residents by volunteering her time and her talents to serve at the Blue Ridge Hospice Shop, the Twice as Nice Shop, and the Ladies Board Rummage Sale, among many other nonprofits she volunteers for As a longtime active member of the Leesburg Rotary, Maryse is an example of selfless service to the community and to the Leesburg Town Council is grateful for all her dedication and service to our community Proclaimed this 14th day of March 2023 ! would like Mr Cimino-Johnson to come down and loin me with this. This was his idea to set up this new Service Recognition Month. I would like you to loin me in presenting these [pause] I guess that's very nice. [laughs]We truly want to recognize you today Both of you do different things within our community You, Jennifer, are the Director, the CEO, the head honcho of Loudoun Hunger Relief We all know what a tremendous amount of work and effort goes into helping our communities through your programs Truly,truly very grateful for all of that I will give,of course,all of you a moment to speak, but then, Maryse,you're the volunteer queen I don't think there's an organization you haven't volunteered for and made a huge difference here in Leesburg Page 2 I March 14,2023 We are so grateful that both of you are here today Todd, would you like to say a few words in regard to these very wonderful additions to our community? Council Member Todd Cimino-Johnson: Sure Absolutely Thank both of you for everything you do for our community.We truly appreciate everything you've given,and I'm also Rotarian,so I understand service above self, so thank you so much Mayor Burk: Ladies, please let me present these to you This one and this one Thank you Would you all like to say a few words? Maryse Wyser Pratte: if I may? Mayor Burk: Of course [laughs]Did you- Maryse Wyser Pratte: Its just two minutes Mayor Burk: Okay Oh, she timed it [laughs] Maryse Wyser Pratte: Thank you Mayor Burk and Council for inviting me here tonight to accept this proclamation on behalf of all volunteers. Mayor Burk: How about if I do this for you? Maryse Wyser Pratte: No, no, it's fine All volunteers who give so much of themselves to help make Leesburg and Loudoun County a better place to live for all Volunteering has brought so much nchness into my life, sharing work with amazing and dedicated people and friends I made along the way Its a wonderful feeling to help those who are less fortunate I'm a member of the Ladies Board of(nova Hospital.We help raise money through our thrift shop Twice as Nice where I work.The hospital gift shop in our annual Rummage Sale where I'm very involved and all to support nurses, scholarships, patient services, and special projects (nova is a nonprofit hospital that provides programs like the Free Clinic and the Forensic Assessment Consultation Team known as FACT that support victims of sexual assault and violence in Loudoun County The Ladies Board largest pledge was a million dollars to help open the (nova Emergency Room in the Cornwell Compass Isn't that great? Mayor Burk:Yes Maryse Wyser Pratte: Anyway, on Market Street, downtown Leesburg, I help Blossom and Bloom Thrift Shop to sort and price donated items to support ECHO,Arc of Loudoun, and a very special arts. Blue Ridge Hospice in Leesburg is also a thrift stop I volunteer at Hospice helps and creates a peaceful and caring environment for people with a life-limiting illness and assists families during and after the loss of their loved ones.Almost done, I almost help Mobile Hope,an organization that provides support and emergency shelter to youths up to age 24 who are homeless and out of the foster care system They do incredible work to help these kids to become self-sufficient by providing an environment where they develop a sense of purpose and community Mobile Hope Thrift Shop in Purcellville, Graffiti&Silk also-helps support these endeavors and they will still be opening another one in Leesburg Finally, being a member of the Rotary Club of Leesburg, we raise money for many chanties around the world and as well as locally,such as Hunger Relief, Boulder Crest Retreat,and so many others As Rotarians, our motto is Service Above Self and that says it all Thank you very much for this honor Mayor Burk: Thank you [applause] Would you like to say a few words and explain to somebody who might not know what Loudoun Hunger is? It's hard to believe, but thank you so much Page 3 March 14, 2023 Jennifer Montgomery: I just would like to say thank you to you and to thank you to all of the people who volunteer across our Town and our community and our country, because really that service is what lifts up our community and lifts up our neighbors. I just would encourage other residents to find their passion and find what they like to do and to go out and help in our community Thank you Mayor Burk:Are you by chance looking for volunteers,Loudoun Hunger Relief is a place that you can volunteer also Jennifer Montgomery:Also check out loudouncares org They have a volunteer center online and you can find some jobs there as well Mayor Burk: Great Wonderful Well,thank you, ladies Truly appreciate you coming here tonight and it's our privilege to recognize you Thank you. All right That now takes us to--We have a presentation from the Planning Commission Brian McAfee is here tonight He was here last night and he came back, he had such a good time Brian McAfee: Rinse and repeat Hi Good evening, Mayor Burk, Vice Mayor Steinberg, Council Members My name is Brian McAfee and I'm the Chair of the Leesburg Planning Commission as of January 2023 Tonight's presentation will focus on Planning Commission metrics and accomplishments in calendar year 2022 We've also included a look at five year trends to give you a sense of how application activity and the workload of regulatory amendments has changed over time First, second side, please Eileen Boeing: (inaudible] Brian McAfee: Cool, I can do it myself Thank you First, we'd like to recognize a few Planning Commissioners and our former staff liaison who departed last year Our thanks to Al Barney, Nick Clemente and Keith Reeve for their service to the commission. Furthermore, we appreciated the staff liaison support from former planning director Susan Berry Hill who-retired-last-year, -- - - On the screen that you see here, well, half of you at least, this graph shows trends in the number of land development applications and amendments reviewed by the commission. Applications which is primarily re-zonings and special exceptions are shown on blue line, Town plan and zoning ordinance amendments are shown on the red line The number of meetings held is represented by the green line Notice the commission was averaging about 17 land development applications pre COVID, but that number dropped significantly when COVID hit and has not rebounded yet. However,while applications have decreased in number,they have increased in complexity A few notable projects from years past include for 2022 the Meadowbrook application, 11 different TLOAs,2 SLDR variation requests In 2021, a very busy year for the Virginia Village application, as well as the Town Plan Legacy Leesburg revisions. In 2020, the Gateway District In 2019, Compass Creek and Russell Branch, those are lots in Southeast, and back in 2018, the large one was Oak Lawn. Meadowbrook was the biggest land development application reviewed in calendar year 2022 This mixed used development at the corner of South King Street and Evergreen Mill Road came a long way from previous submissions in years past The Planning Commission and Council were actually not far apart-in their view despite the vote on record The Planning Commission supported the majority of the project but recommended denial because the service station use was an integral part of the rezoning documents The applicant made some changes as a result of the Commission recommendations, and ultimately the Council was able to approve the rezoning but deny the special exception service station, thus the end result aligns with the Commission's deliberations There were quite a few Zoning Ordinance amendments completed in calendar year 2022 Some of these were multifaceted, including outdoor dining, homestays and accessory dwellings The Council may wish to consider slowing the rate of individual amendments as the Town is about to embark upon the comprehensive rewrite of the entire Zoning Ordinance Page 4 I March 14,2023 Of course, looking forward to the major initiatives the Planning Commission will be a part of including the Zoning Ordinance rewrite Crescent District Master Plan Update and Capital Intensity Factors Project.The capital intensity factors will include a review of capital facility standards and a capital needs assessment all of which could help the Town during proffer negotiations designed to recover costs of providing services needed for future growth Other items on the horizon are land development applications such as the Lidl? Mayor Burk: Lidl Brian McAfee: Lidl at Tuscarora Village and Hamlet, and ordinance amendments underway would be data centers and continuing care facility.With that,thank you for the opportunity to present the Planning Commission Annual Report and I'm available to answer any questions Our Planning Director is also here for questions on department initiatives or activities Mayor Burk: Thank you very much, Mr McAfee We appreciate the information You most certainly have demonstrated the Planning Commission is very dedicated to getting things done with your map there that showed all the different things that you've done and accomplished You should be very proud Thank you very much for being here today. Brian McAfee:All right Mayor Burk:Thank you,and you did it under 10 minutes That's even better.The next one presentation we have is the Technology and Communications Commission report and recommendation John Binkley: I knew I should be much shorter. Madam Mayor, Mr.Vice Mayor,and Council Members, I'm honored to be here tonight representing the Technology Commission, a Commission that I am very passionate about Actually, I looked back at my oldest email I have so far on, it is 2013, so I'm not exactly sure when I joined, but 2013 or earlier, so it's been a while I'm also joined by the Vice Chair, Richard Jackson It would be remiss of me, before I went into the report,the annual report this evening if I didn't recognize that much of what's in that report is the responsibility of Peter Hill,who was the previous Chair over the last year All right I would also like to recognize Kuba and John Callahan, who give up one night a month to put up with our cheeky shenanigans and other IT-related questions Thanks to them If you're not familiar with the Commission,essentially we work as an advisory committee We work with the Town staff to review project statuses, advise on technology Specifically cybersecurity has been an area of focus over the last couple of years and recommend to Council specific plans, specific technologies, ideas, and also help shepherd concepts and metrics and project management elements through. Most of the people in the Commission have decades of experience in IT and in venous specialties I happen to be in cybersecurity, but its a vaned skillset on the Commission Most of us probably bill between$500 to$700 an hour in the private sector I think its a pretty good deal for the Town.We are, as I said, honored to serve Since I'm cybersecurity focused, I'll go ahead and just mention that first because that's one of the areas that we talk about quite a bit Kuba responded, cybersecurity is much more than a matter of information technology, and that's very true. The Town staff, Kuba and John Callahan and the others have really enhanced the cybersecurity posture of the Town in the last couple of years It has been remarkable, remarkable growth in that area I'd like to think that we had something to do with at least trying to get it kicked off in that direction In terms of cybersecurity, it remains a core mission value for the IT Department, and the threats are real The new national security strategy out last week I don't know if you read it or not, but it's an interesting read Actually comes out and states that cyber operations of cnminal syndicates, ransomware are actually now a national secunty threat They've risen to that level and the costs are billions of dollars a year They'll probably be far more and they interrupt critical services in towns like Leesburg Page 5 March 14, 2023 While the threats are real,the threats are local Kuba pulled a 12-hour random period from the Town's firewall and there were over 3,720 blocked access attempts at the firewall that were rated by the firewall software as high threat.Just in the 12-hour period,random 12-hour period wasn't a particularly notable day, but over 3,720 attempts that had to be blocked that were high threat It's real and it is local, and you've got a good staff protecting you from it, but vigilance has to be continued In terms of the IT department here,I think this is very well-positioned We've done SWOT analysis.You can all look at it in detail I don't want to narrate it for you The IT department is in very good shape I think they're fully staffed,which is rare these days They've had great continuity of staff,which I think is a testament to both the environment in the Town, the environment in the government, and the leadership of Cuba Those two things, that continuity and having that full staff are two of the best risk mitigations you can have as a tech At the same time,while they're fully staffed,they are running at capacity As we continue to add things that are technology focused, it's important to keep up with that in terms of investments and in terms of staffing We have an IT strategic plan that we work off of Again, I'm not going to read all this to you. I think it'll be available to you if you wanted to go through this, but there are some key things I wanted to call out here.You are definitely moving into a cloud-based environment The pandemic certainly helped accelerate that trend. As you go to that, a lot of people think that it means you can slack off of security or slack off of IT It's not really true in the real world From a practical sense,you have what's called a shared security model. You're still responsible for security for a lot of elements.You can't outsource risk,and at some level you can't outsource security It's still important to maintain vigilance and maintain and monitor the posture of these cloud assets You also have a focus on expanding key software applications They have MUNIS,Lucity, Laserfiche,GIS,Office 365 These are all things that have been enhanced over the last year. IT customer service Their service catalog is currently in play and being developed There's also intake forms and licensing portals and hardware forms, automation efforts that are happening. Kuba really wanted me to keep the slide in This is the comprehensive list of major projects that the IT Department has completed in the last 12 months Again, we couldn't ask for, in my opinion, a better department to be partnered with. As a Town resident, I'm blown away by the quality of our IT Department over and over Finally,to try to bring it all together,we're recommending that we accelerate projects that we can that are related to the digital Town Hall initiative, working with primarily resident-centric mobile applications that need to be developed, portals that you need to build all the Town services. Process automation. A lot of this is occurring right now, but in order to really bring a digital Town Hall to life, that process automation and mapping, especially across departments, takes time, but it's necessary to make that concept actually work GIS data application management, it's a key part to this as well We've got good GIS capabilities, but again, it's that capacity. We want to expand that for a digital Town Hall function We might need to look at expanding that capability within the department Cybersecunty, especially as we go to a Town Hall initiative That's got to be security by design That's what we call it. Meaning from the ground up, security has got to be built into that process Can't be tacked on at the end Is that my 10 minutes? Is that 10 minutes? [laughter] Council Member Nacy: My bad, my battery is dying John Binkley: Sorry Because not only could this potentially be a handling sensitive data, it's going to be one of the primary interfaces for critical services It has to be reliable. It has to be resilient You have to have confidence in the integrity of the data that you're looking at in that portal Also, new tools and services and ongoing monitonng and event management, cyber threat feeds,those are all things that the Town could use some additional services Page 6 I March 14, 2023 Finally, I lust want to mention training Technology has grown quite a bit in this Town, government,and we're moving to a lot of cloud applications Applications are having new flexibility, new capabilities are being deployed across different departments, and the human element of this always comes into play, not only from a functional perspective and an efficiency and productivity perspective, but again, the security perspective, sorry, its a bit of my framework that I go with The greatest hacking thing I know is that amateurs hack systems, professionals hack people Mayor Burk: That is your 10-- John Binkley: We want to make sure that people get the training so they can effectively use these tools- Mayor Burk:Thank you John Binkley:-and use them securely Mayor Burk:Appreciate that- John Binkley:Thank you very much Mayor Burk: -very much Does anybody have any questions at this point?No?Thank you very much Appreciate you coming [chuckles] Very interesting Mr McAfee, is he still here? Oh, there you are Sorry I've neglected to ask, did anybody here have any questions that they would on the Planning Commission report? Council Member Zach Cummings: I did I sent mine to staff Mayor Burk: You did not Council Member Cummings:Yes Mayor Burk: Oh, okay. [laughs]Do you want to ask Mr McAfee? Council Member Cummings: That's all right. Mayor Burk: Thank you I'm sorry, I didn't realize I hadn't allowed you to answer questions until you had sat down, so thank you very much for being here Appreciate the information, both of you. Thank you, and thanks for volunteering [laughs] on Volunteer Month All right. Regional commission Does anybody have any reports on a regional commission? The only report I have is I had the meeting with the other six mayors and we had a report from the Commonwealth Attorney's office We had some issues still concerning the services that the Commonwealth Attorney is going to be presenting to the towns in regard to Town ordinances and Town issues that are going on. We will be sending a letter back to the Commonwealth Attorney asking additional questions We most certainly didn't get the answers that we were looking for, That takes us to our petitioner's section The petitioner section is one of the first orders of businesses to hear from the public All members of the public are welcome to address the Council on any item, matter, or issue Please identify yourself and if comfortable doing so, give your address for the tape to record Any public speaker will be requested to state their name and spell it for the purpose of closed captioning In the interest of fairness, we also ask that you observe the three-minute time limit The green light on the timer will turn yellow when you have one minute remaining At that time,we would appreciate your summing up in yielding the floor when the bell indicates your time is expired Under the rules of order adopted by this Council,the time limit applies to all The first person that has signed up to speak tonight is Matt-- I'm going to say it wrong,you got to help me here—Chwalowski Not quite Page 7 I March 14, 2023 Matt Chwalowski: Very well, thank you Good evening, everybody My name is Matt Chwalowski I have lived here. I have been a taxpayer here in Leesburg for over 40 years By trade, I am a management consultant I worked with municipalities to Fortune-500 companies.My issue of things that I'm bringing here, and I'm going to follow up with an email, and you probably know me because I have sent you emails before, is a number of small things Small things are really important because small things indicate that things are not quite working out. I'm going to Just rattle them off as quickly as I can I appreciate the time, Madam Mayor. Plaza Street has bike lanes I'm avid biker Those bike lanes are not usable Do you know why? I indicated that to Mr Dentlers in one of the emails Do you know why? Because cars throw off pieces of stone and you don't want to ride on them, and screws and all sorts of garbage is there It needs to be cleaned once a week in order for this to be usable, because I have to then bike on the main road and people in cars don't like it They are wondering why the hell this guy is not riding in a bike lane? One of things that troubles me is the shopping center near Water Towers. If you walk there on the Battlefield Parkway side,the amount of trash that is sitting there is like you are in Baltimore near railroad trucks, if you ever take that train The amount of trash Why? Because the wind is blowing the trash from the shopping center Again, I emailed Mr Dentler, you know me, about this issue It's not Town employees going to clean it up, it's the shopping center Again,there is a need for communication there Another issue that bothers me is pedestrian crossing on Route North 15 Bypass and Battlefield Parkway There's a pedestrian crossing.The number of times I emailed Mr Dentler a couple of months ago, several times, the number of times drivers tried to run me over while I am on correctly crossing that Yesterday, I have a license plate number, another guy toed to run me over There's something very wrong I have been bicycling here for many years. There's something very wrong with that I ask you to fix this situation I don't see any action The other thing that bothers me is King Street is closed off in summertime Again, people can mingle and walk around and so forth It is done like that in Denver, Calgary, Buenos Aires, I have seen things like that done.What Leesburg done is doing in a crazy way is they park a running car on one end, on the other end, and in the middle of a block. There are three cars,three people, eight hours idling cars Because I understand Fire Marshal kind of thing, but-- Mayor Burk: Mr Chwalowski- Matt Chwalowski: I'm almost done Mayor Burk: -I need you to be finished Matt Chwalowski: I'm almost done Those big trucks, if there is an emergency and there's panic and people are stampeding,they have to get out and it's not bringing safety Mayor Burk: Mr Chwalowski,your time is up now Matt Chwalowski: I'm going to stop [crosstalk]- Mayor Burk:Thank you for bringing it up to our attention Matt Chwalowski:-follow up with an email to address those kind of issues. Mayor Burk: That's fine Please do Thank you. There's quite a bit of feedback Thank you Our next speaker is Suzanne Larkins Suzanne Larkins:When I spoke to the Clerk, she said that I may ask for five minutes I'm Just going to try to summanze as quick as possible Mayor Burk: You have three Suzanne Larkins: Can't say much in three minutes. Page 8 I March 14,2023 Mayor Burk: I'm sure you can do it Your email was excellent Suzanne Larkins: My name is Suzanne Larkins I live at 3 Royal Street I'm here to talk about the parking reduction request, specifically the 208 South King Street hotel use. As members of Council, I realize you work in the Town's B-i zone, however, its difficult despite staffs diligent analysis and the Town's honorable ideology to understand exponentially the impact that a project of this magnitude would have on the people who live within the B-1 zone and whose property is bordered to 208 South King Street The Town is considering applications for alterations to existing structures and new construction, the mass and scale which requires some form of parking reduction It's imperative to have a comprehensive understanding of the current parking alliance within the area. I'm trying to cut this down I'm going to talk about the parking constraints within a block of 208 King Street Currently, there are 22 viable parking spaces servicing the demands of 36 properties Some of those properties have limited or no off-street parking Others provide parking but fall short. See attachment three of the requirement. While another, the owner of 206 through 212 Church Street has filed two concurrent applications requesting 100% reduction of commercial retail food service parking requirements. The Town is aware that the current parking resources are strained and are locationally challenged despite the lack of parking usage statistics. Indeed during a previous discussion of the amendment, Mayor Kelly Burk said, Leesburg is a destination There's lots of people who come here now If they come into a location they don't have anywhere to park, you're not going to be a destination for very long Continuing Mayor Burk states, it's very important that we all realize that we build another garage The Town asked the Zoning Department to conduct a planning study That study has its challenges because it fails to limit the scope to B-1 zones Multistate County-wide data was used and it doesn't quantify the Town's current parking usage and demand, including approved, not completed, and pending projects I moved to Leesburg in 2000 The home I purchased was such in a state of disrepair, I had to gut the entire building and demolish one-third of it While sometimes daunting, I remain buoyed in my faith and respect for the 100 years that it had remain standing in the vision of what it could become Essentially, if the Town isn't what Council diligently worked towards Isn't that what you diligently work towards, is believing in a Town and what it could be, restoring and reimagining the Town We have an advantage over towns like Arlington and Alexandria because this is a finite, very definable space, but if we're not aware of what our actual usages and demands are,then we can't do proper planning Additionally, if we're also failing the existing property owners by overburdening them with any new requests without understanding what our available needs are I guess that I'm asking for your respect of our value here within the Town,and this Town becomes attractive because of the improvements that we have made to developers. You need to consider our needs, as well as any future planning for the Town Thank you Mayor Burk:Thank you. Truly, Ms Larkins, your report is just very thorough, and really appreciate the information that you shared with us Suzanne Larkins:Thank you Mayor Burk: I printed it off because it was so insightful Thank you Thank you for coming. Is there anybody in the audience that did not sign up but would like to have the opportunity to speak at this point?Yes, ma'am. Well, hi,Ann I haven't seen you in a long time Ann Jansen: Hi Mayor Burk:Yes [laughs] Page 9 I March 14, 2023 Ann Jansen: I'm going to read this so I can get it within my three minutes My name is Ann Janssen, A-N-N, J-A-N-S-E-N I reside at 105 Balch Springs Circle in Leesburg I thank you all for what you do always I'm just going to read this For the past 22 years, I've lived in Evergreen Meadows, a neighborhood of 330 single-family homes located half a mile north of Leesburg Executive Airport Over the years,our community has enjoyed a good relationship with Leesburg's airport relationship of mutual respect. I'm keenly aware of the current situation with the FAA Saab and the discontinuation of Leesburg's remote air traffic control system As a matter of fact,as I wrote this just a little while ago,we were waiting an update from the FAA I don't know if that's been available yet, but I can't wait to hear Obviously, safety is first. Foremost, that's the important thing in everyone's mind right now.What I am going to present and quickly say to you is not meant to take away from that in any way Just simply something to keep on your radar,no pun intended Okay I am here this evening actually to speak for those whose voices have been absent from this discussion thus far, the residents The people who have been experiencing the very real impacts of a 47%increase in air traffic,to include increased size and noise of corporate jets flying near feet over their rooftops, aircraft coming in and taking off from 5 30 AM to midnight, seven days a week, flight schools, which is great They kick out 500 pilots a year That's awesome but their planes also continuously and repeatedly circle I have a little aircraft tracker now, like 50 times on Sunday before 10.30 AM, I think it was over our houses Not just here to complain Wait.Residents'right to peaceful enjoyment of the property is being lost The constant barrage of the aircraft noise disrupts sleep and the ability to work from home,to raise a family, and to spend time outside Even while indoors, families are unable to have conversations without repeated interruption of deafening aircraft noise overhead. Some have resorted to purchasing decibel meters to document noise levels in their homes Some have spent thousands of dollars to change out their windows in hopes it will help Many have expressed constant anxiety from seeing and actually feeling the large aircraft just feet above their homes, feanng that one day they might not be so lucky Prior to any of this FAA situation happening, our community was already in the process of forming a citizens group to include residents of Evergreen Meadows, as well as surrounding communities who have been impacted by changes at the Airport in recent years Our objective is to find ways to balance Airport safety and viability with our residents' safety and viability Our goal, this last thing I'll say, is to work with State, Town Airport officials, anyone who wants to implement win-win solutions so that our Airport and our residents can peacefully coexist and thrive.We don't want to shut the Airport down,just have to dispel that rumor I appreciate all you do in serving this Town and the citizens Thank you I know you have some difficult days ahead Mayor Burk: Thank you Thank you very much Appreciate you being here Is there anybody else in the audience that didn't sign up that would like to have the opportunity to speak at this point? Seeing no one,then I will close the petitioner section, and that will take us to approval of the consent agenda I will read all the items out and then ask for a motion The first item is 12A the Additional Rehab Work of Filters on the Water Filtration Plant B is the Contract Award for the Purchase of Replacement Vehicles C is the Town Parking Garage Structure Improvement Project Change Order Number Two D is the Adoption of 2022 Northern Virginia Hazard Mitigation Plan and Town of Leesburg Annex E is the Fiscal Year 2024 Creative Communities Partnership Grant. F is Participation in the Proposed National Opioid Settlement, and G is the Appointment to the Commission on Public Art Linda Eifert First, let me have a motion. Council Member Cummings: So moved Mayor Burk: So moved by Council Member Cummings Second,Vice Mayor Steinberg. Are there any items that anybody would like to have removed at this point? Being none All in favor of the approval of the consent agenda, please indicate by saying aye Members:Aye Page 10 1 March 14, 2023 Mayor Burk:Opposed?That passes 7-0 That takes us to our resolutions Our first resolution for tonight is the Douglass School Art Mural Do I have a motion to approve? Council Member Cummings: So moved Mayor Burk: Council Member Cummings, I'm assuming that its the art mural you're approving Council Member Cummings: Yes Mayor Burk: Second? Council Member Cimino-Johnson: Second Mayor Burk: Seconded by Council Member Cimino-Johnson Is there a presentation or any item of discussion at this point on this? Kaj Dentler: If you would like to have a presentation, Donna Torraca is here from the school system, can give that to you briefly, if you like Mayor Burk: We do have a report on it, but does anybody want to ask Ms Torraca to come up and give a presentation? Neil Steinberg: Yes She's here Donna Torraca:[chuckles]Thank you You know how much I love to speak in public, right?That's why you did it Good evening If you're going to do that Mayor and Council Members, my name is Donna Torraca and this is Sara Howard-O'Brien with Loudoun County Public Schools, and we're before you tonight to seek support for a mural that the Douglass High School Commemorative Committee is requesting to be placed on the outside wall of the gym at the newly renovated historic Douglass High School Education and Development Campus at 407 East Market Street Is there[inaudible] Mayor Burk: You got only one again, Eileen Sara Howard-O'Brien: Did you get it? [chuckles] Here I am to help That's not [crosstalk]-- Donna Torraca: Yes,we may need help [laughs] Mayor Burk: Now they're both gone. Donna Torraca:There we go A 17-member commemorative committee-- Mayor Burk: Excuse me,one-second. I mean that one's not working. Thank you Sorry Donna Torraca: A 17-member Commemorative Committee was formed by the School Board in May of 2021 and has representative from the School Board, the Board of Supervisors, the Town Council, the Loudoun Douglass High School Alumni Association, the Black History Committee, Loudoun Preservation Society, Heritage Commission, NAACP Loudoun Branch, The MLK I have a Dream Committee in the Edwin Washington Society [inaudible] The Committee has been meeting twice a month since May of 2021 and providing recommendations to the School Board for commemorative items in the building and on the campus. They are seeking Town Council approval this evening for a sports-themed mural to be placed on the outdoor wall of the gym The area adjacent to the wall previously was a parking area, and it will now be an outdoor basketball court LCPS received seven submissions from the Call for Artists issued in September 2022,and there was a wonderful vanety of submissions and choices for the Committee to review, and so the choice was not Page 11 I March 14,2023 easy In December of 2022, the Committee voted to have Jason Tetlak create his mural Jason is a well-known muralist in Florida and specializes in large-scale indoor and outdoor murals He's been commissioned to install murals in several states and in a variety of spaces, including retail areas, parks, schools, revitalization areas, art festivals, and beaches The committee like Jason's creative style and his use of color Jason's proposal is colorful and it flows nicely across the wall and ensures that the existing windows and wall features will not obstruct the design elements His mural incorporates various sports that were played at Douglass between 1941 and 1968 when it was opened as a segregated Black high school The School Board endorsed the mural earlier this year as did the Town's Commission on Public Art. We are here seeking your support tonight under the recently adopted amendments to the Private Mural Initiative The mural is planned to be painted directly on the brick and should take approximately four to five days, weather permitting Jason will be using a high-end exterior paint and offers weather fading and mildew resistance The mural recognizes and celebrates the Douglass High School Heritage and Pride This slide provides an overview of the redeveloped campus The sports mural adjacent to the outdoor basketball court will be visible from the newly renovated County playground,the picnic pavilion, and a pedestrian path that most visitors will take from the rear parking lot on the property Moreover,the mural will be an integral commemorative component and part of the future tours planned on the property This project meets the guidelines of the recently amended private property mural program is consistent with the Town Plan, is endorsed by the Commission on Public Art, and creates a public place that promotes sense of community and celebrates a part of the Douglass High School story On behalf of the Commemorative Committee, we ask for your endorsement, and we thank you for your time I'm happy to answer any questions that you have. Mayor Burk: Thank you very much, Donna We appreciate you bringing this forward I just have two small questions Well, question or comment The one,the mural has various sports and you said they were sports that reflected what went on at the-- Donna Torraca: Right,they were all sports that were played at the school between'41 and '68. Mayor Burk:There was a golf team? Donna Torraca:At one point,there was Mayor Burk: Oh, how cool. That's really neat Then the other question is simply, I was walking the other day and saw the playground That is just unbelievable I want to go play [laughs] Donna Torraca: Its incredible, isn't it? Mayor Burt Truly is great Does anybody else have any comments?Mr.Vice Mayor? Vice Mayor Steinberg: Thank you. I wanted to give you an opportunity to do the presentation, and I know everybody supports it, but for the public's benefit, I just wanted to emphasize the extraordinary cooperation between the County and the Town and a variety of organizations including the Edwin Washington Society, the NAACP, and the Douglass Alumni Association in completely renovating the Old Douglass High School. If nobody's or if you haven't had the opportunity to walk by and see the restoration, it's really quite stunning. It's going to be a nice little jewel in Leesburg to showcase both Black history and provide venues for a variety of events Thanks for your work and the presentation Mayor Burk:-else at this point?Well, thank you ladies Donna Torraca: Absolutely Thank you Mayor Burk: We have a motion on this one from Council Member Cummings, seconded by Council Member Cimino-Johnson All in favor, indicate by saying aye Page 12 I March 14, 2023 Members:Aye Mayor Burk: Opposed?That passes, 7-0 Thank you The next resolution we have is the Water and Sewer Service Extension Request for Data Center at Compass Creek.Our Director of Utilities,I believe, is giving this presentation Amy Wyks:Yes The applicant is also here if you would like them to speak also Good evening,Madam Mayor,Vice Mayor, Members of Council Tonight Um here to give a presentation related to the request that we received for water and sanitary sewer extension to a data center proposed at the Compass Creek Little bit of background, this property is in the Compass Creek area, located in the Town's joint land management area that's outside of the corporate limits The Town currently serves other customers in the Compass Creek development, including Ion, Walmart, At Home Their water and sewer infrastructure for the Town is near the data center parcel Leesburg Commercial LLC has requested extension of water and sanitary sewer service to two proposed data centers Both buildings are proposed as two-story. The first one is approximately 400,000 square feet, and the second one is 200,000 square feet with office space Here's a vicinity map,just to orient everybody It is south of Ion based on this map here It's the proposed data center across from the Walmart and the other restaurants and facilities being built in Compass Creek As you may know, in Town code,there's two sections, Sections 34 1-114 and 216 related to extension of water and sanitary sewer services For parcels that are outside the Town's corporate limit, it does require Town Council approval Wth this request, the data center is asking for both water and sewer They're asking for only related to the data center office operations such as bathrooms and coffee pots The sanitary sewer discharge is not needed for a mechanical and cooling system,as well as they're not needing any water outside of the construction part They are required to pay the applicable connection fees, including availability fees,and there are three pro-ratas that are on this parcel Again,as I stated,their request is only for 800 gallons per day of water an<Lsewer per building for a total of 1,600 gallons The startup commissioning and initial field of water needed for the system will be handled through construction water, and again, no sanitary sewer discharge for the data centers will be into the Town system Based on the last August 2022 semi-annual utility plant capacity report, this request does not require expansion of either facility The Town is recommending some conditions for the approval if Council agrees One is within 30 days of the signed resolution, a letter from the applicant regarding boundary line adjustment into the Town's corporate limits, payment of all the applicable fees prior to obtaining the County's building permit as they design the system making certain that they don't encroach into any of our existing infrastructure and paying all applicable construction costs to build their facilities, including any utilities In the event that their average daily water demand and sewer flow exceeds that $1,600, that would need to come back to Town Council for approval We also, similar to the other data center that we serve, we are recommending executing a water and wastewater service agreement The applicant, which again is in the audience tonight, has requested and drafted in the resolution in front of you requesting no increase in the dollar computer property tax for five years With that, again, we're here tonight to request approval for extension of Town water and sanitary sewer utilities to the data center at Compass Creek with conditions Mayor Burk: Thank you One question I have involves the boundary line adjustment letter. That will have to be within 30 days of tonight's meeting Amy Wyks: The signed resolution is how it's written Mayor Burk: Do we know that the County is going to allow us to do a boundary line adjustment/ Amy Wyks: I defer to the Town Attorney Page 13 March 14, 2023 Christopher Spera: We do not know that, but the issue here was to get the applicant's consent in whatever form that may take place Mayor Burk: That was my next question The letter will state that they will come into the Town Christopher Spero: That they consent to come into the Town? Yes, Madam Mayor, that is the-- regardless of how that is accomplished Mayor Burk:Thank you. Mr Wilt Council Member Patrick Wilt: Thanks Just sort of a follow-up on that How do we know we don't get into a fight with the County? Christopher Spera: Respectfully, Mr Wilt,we are already in a fight with the County Council Member Wilt: No, I don't-- Christopher Spero: That was the annexation proceeding The annexation proceeding includes this parcel. This parcel is already part of our annexation proceeding All we're really getting here is the consent of the property owner,which is a portion of the property we seek to annex Council Member Wilt:This is part of the current fight? Christopher Spera: Yes, sir Council Member Wilt: My only other question, I'd like Subsection 1 N that about the cap on personal property taxes for giving a cap We're holding steady for five years following annexation of the property, correct? Christopher Spera:That is the request of the applicant Yes, sir. Council Member Wilt: What's the reason for that? Christopher Spero: By consenting to come into the Town, they consent to being subject to two layers of taxation for the computer equipment Their ask is so that they know they've got a fixed cost for the period of time they're asking for Again, this is not something that staff is advocating for or trying to discourage This is the request of the applicant Council Member Wilt: Who else do we do this for? Christopher Spera: No one has asked for this before, to my knowledge Mayor Burk: We have no data center. Council Member Wilt: They're asking for it, so were recommending that we agree to it, but this is a one-off deal for this particular-- Christopher Spero:The way that it works,Mr.Wit,is that the State Code allows a jurisdiction to create a separate category, separate tax rate for computer equipment and peripherals associated with operation of a data center We have not done that We just have one unitary rate that applies to all personal property within the Town. I think what they're asking for is that that rate not be increased, and if we choose to create a separate category for computer equipment and peripherals,that it not be higher than the$1 at which it's currently set for the period that they're requesting Again,staff takes no position on this Council Member Wilt: Right Christopher Spera:This is the request of the applicant Page 14 I March 14, 2023 Council Member Wilt: Okay. I'm just a little concerned Lots of businesses open in Leesburg All of them have double taxation If we find n necessary to change the personal property tax rate that everyone else picks up the burden and this one particular property owner is excluded from that burden Is that the case? Christopher Spero: No,you can't do that The rate has to be the same across the board If you would agree to this, it would apply across the board Council Member Wilt: Data equipment Christopher Spera:Yes Council Member Wilt:We're carving that out, but if we need to change the personal property tax rate, we would load that revenue increase on every other personal property category Christopher Spera: Unless we create the separate category that the State Code allows us to do The reason, as I understand it, that the State Code allows a separate category is because that equipment is so valuable and generates so much income to create a separate category for computer equipment and peripherals associated with the operation of a data center Presumably, if we get data centers in Town, one of the things you could consider as a Council is whether or not you wanted to adopt a separate rate for that type of equipment versus just having one uniform rate for all personal property. Council Member Wilt: No, I think I understand the point We don't offer consistency on restaurant equipment When a restaurant wants to open in Leesburg,we don't hold their restaurant equipment tax rate a commitment to not changing it for five years Or furniture, photography equipment, brewery equipment We're doing a specific hold steady for a particular category of personal property That's what I'm understanding. Correct? Christopher Spera:That is the request of the applicant Yes, sir Council Member Wilt: Okay Thank you Mayor Burk:All nght Any additional questions, Mr Cimino-Johnson? Council Member Cimino-Johnson: Thank you, Amy, for the presentation. My only one question is about water usage. I think it was 1,600 gallons per day Amy Wyks: Correct Council Member Cimino-Johnson: Do you know what percent that is of usage or maximum usage? Amy Wyks: Related to the Town in general? Council Member Cimino-Johnson:Yes Amy Wyks: Just to put it into context,typically a single family home is 350 gallons a day. Council Member Cimino-Johnson: Really? Amy Wyks: From a design perspective That's not saying that all residential units use that From a design perspective, so you're talking equivalent to about five single family homes From a design perspective Council Member Cimino-Johnson:Okay Thank you Mayor Burks: No?All right. Okay Somebody want to make a motion on this at this point? Page 15 I March 14,2023 Council Member Cummings: I can do that I move to approve the proposed resolution for conditional approval of water and center sewer extensions to data center at Compass Creek. Mayor Burk: Is there a second? Vice Mayor Steinberg: Second Mayor Burk: Seconded by Vice Mayor Steinberg.All in favor indicate by saying, aye Members: Mayor Burk: Opposed? Council Member Wilt: Nay Mayor Burk: All right That passes 6-1 with Mr Wilt in opposition Okay The next thing we have is— That's B Changing the start time of that, that's gone. You guys got it? I just want to make sure you understood The Appointment to the Residential Traffic Commission I think we have two, I believe I will put the name Cherie Jones forward Did you also have someone that you-- Council Member Nacy: Yes, somebody had emailed, and I said I would nominate her Amy Fagerli was her name. Mayor Burt The reason I was putting Chene's name forward is because she has come before the Residential Traffic Commission a couple of times, and so she has a little bit of expenence in regard to that We will simply vote on the two of them Did you have anything you wanted to add? Council Member Nacy:Oh, no I lust wanted to make sure she was nominated Mayor Burk:Okay.All right. Fair enough 1 will start with Cherie Jones first All those in favor of Sherry Jones? Christopher Spore: If you're making a motion, someone has to second it Mayor Burk: Okay Yes Okay, and seconded by Vice Mayor Steinberg All of those who are in favor of appointment to the Residential Traffic Commission of Chene Jones, indicate by saying aye Members:Aye. Mayor Burk: Opposed? Council Member Nacy: [inaudible] Mayor Burk: Okay [laughs] All right Yes, we only had two for that one That's 6-1. Thank you. Appointment to the Commission on Public Art,Tara Flynn,who is with Global Local She doesn't live in Town, but she does have a business in Town, and she would like to be appointed to it. I thought she'd be a good addition If you've been to her business there,you can see that she is very creative I would like to make the motion to appoint Tara Flynn to the Commission on Public Art Is there a second? Council Member Cummings: Second. Mayor Burk: Second by Mr Cummings Any other names anybody wants to bring forward? All right All in favor of Tara Flynn being appointed to the COPA Commission Members:Aye Mayor Burk: Opposed? That passes 7-0 The final one I have is for the Environmental Advisory Commission Pat Hatfield would ask to be considered for this Pat has previously been on the Tree Page 16 [ March 14,2023 Commission for a number of years This was still an environmental group That is her interest She had wanted to move up to the Environment- or move over to the Environmental Commission Is there anybody else that has any other name they would like to-- Okay I will make that motion Is there a second? Council Member Nacy: Second. Mayor Burk: Second by Ms Nacy All in favor of appointing Pat Hatfield indicate by saying aye Members:Aye Mayor Burk: Opposed? That passes 7-0 There is one more appointment. I'm just calling out to the public Actually, I think there's two appointments to the Diversity Commission If you or someone you know is interested in the topic of diversity, and we would really love to have your names to bring them forward Thank you All right That then takes us to our public hearing.The first public hearing for tonight is a public hearing for the hotel parking in the B-1 District I'll call into order March 14th, 2023 public hearing of 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 you to either sign upon the sheet in the hallway outside of Council Chambers If you did not get the opportunity to sign up, we will give you an opportunity to speak In the interest of fairness, we also ask that you observe the five minute time limit The green light in front of you will turn yellow at the end of four minutes indicating that you have one minute remaining At that time we would appreciate your summing up and yielding the floor when the bell indicates your time has expired. Under the rules of orders adopted by this Council, the five minute time limit applies to all citizens However, rather than having numerous citizens present remarks on behalf of a group,the Council will allow a spokesperson of 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 will be a brief presentation by staff about the item before us.Second, members of the public that have signed up to speak will be called and given five minutes to make their comments The public hearing item for tonight is TLOA-2022-0009 Hotel Parking in the B-1 District Brian Boucher: Madam Mayor, Members of the Council, you've just said what this is about, so I'll go right to it.The proposal is to consider reducing minimum parking requirements for the hotel/motel use in the downtown Business(B-1) District The Planning Commission has already had its public hearing on this,that's why it's before you now Public hearing on January Sh back on their meeting on February 2nd, 2023, the Commission recommended approval of the proposed amendments just as they are in your documents, in your packet,and to reduce hotel/motel parking requirements in B-1 District It was a close vote,4-3.Planning Commission discussion.If you look at why the majority recommended it,it was based on the fact that Leesburg currently has the highest hotel parking requirements compared to other nearby tourist jurisdictions. I'll talk about that later We looked at seven other ones A hotel use requires a special exception in the Town of Leesburg They can evaluate the parking situation on a case by case basis and even put in conditions regarding parking if they feel necessary There was a minority opinion. Remember, it was 4-3, and I think one of the major concerns was that reducing on-site hotel parking could impact the availability of public parking, particularly in some locations of Town Little bit of jurisdiction comparison I mentioned, we looked at other jurisdictions There they are Now it's interesting, because when you look at hotel/motel parking, it's a bit all over the map. With jurisdictions, you can park for three elements of a hotel for guests That's for the room, the employees they have,and then accessory uses What it's really talking about is restaurant uses, or let's say, a little meeting room that you might have The principal use is the hotel If you look, you'll see that only two junsdictions actually require parking for all three of those aspects, potential aspects of a hotel The other one was Loudoun County I will say This, Loudoun County is entertaining ordinance Page 17 I March 14, 2023 amendments right now That in more urban areas,they would drop the hotel parking to 0 5 spaces per room That's because there's some areas allowed in County now close to rapid transit When you get out towards Leesburg, the recommendation is in the areas, I think, like Leesburg is one space per room That's exactly what staff is proposing If you look at other jurisdictions, you can see that everybody has one space per room Whether or not they require anything else depends on the jurisdiction There's several that have none, such as Hemdon nearby, you just parked for the room. It's a little bit all over the map, but again, Leesburg is the highest at the moment Staff recommends that we revise the standard down to eliminate separate parking requirements for employees and accessory restaurants We do recommend maintaining requirement of one space per room, and we'll explain that to you This is just to give you a little,give you an idea of what it's like. One space per room, plus we require one space for two employees, plus additional space for restaurants If you have a restaurant that's serving the patrons in there, you got to provide parking for your employees for that. If you had a hotel with 50 rooms and 1,000 square foot restaurant internally that had 10 employees, you need 62 parking spaces One thing to consider, this is in the B-1 District, which is inside our H-1 overlay district. In the overlay district, it's the old urban core of the downtown or the dense core of the downtown.You have parking alternatives,some of which are not available outside of the H-1 District. One of those is valet parking You can park offsite anywhere in the district as long as you, there's certain standards you have to met Then there's offsite parking, which requires an agreement approved by the Planning Commission. There's of course, pay in lieu, a lot of parking, particularly commercial parking anywhere in the B-1 district This you could buy your commercial parking spaces It's up to $8,000 per space, just so you know Then of course,we have a lot of public parking lots downtown that we do not have elsewhere in the Town The effect of the regulations we have today, so the last, these have been in place since at least 1986 That's the hotel/motel parking standards We haven't had a hotel/motel downtown since the mid-'605, when the old Leesburg Inn closed Some of you guys might remember where that was If you're looking at the courthouse, it would've been where-we've got some courthouse buildings now, just to the newer ones,just to the left Interestingly enough,we apply the same parking standard downtown that we apply elsewhere in Town Potential investors are something we've heard about A lot of folks have said, its over the years I've heard this, that the parking standards are too onerous downtown, because of the value of the land Then also add the architectural review that's required Again, you have to make a substantial building downtown that'll cost you a little bit more than other places in Town When you take the high cost of land and the architectural review,that discourages some folks The result of all that has been,we have five hotels outside of downtown Leesburg We got two more planned One's being built, Home2 Suites, y'all might see up there on Fort Evans Road Then we got someone else in with the rezoning to potentially build a hotel,but again,it'd be along Route 7, not downtown Proposed amendments from staff is a parking per guest room. Park the guests You need to park the guests They come here, they need somewhere to park I'll explain a little bit why, what, how we get to where we are with this recommendation Parking for employees, we recommend none We think like some of the other more urban jurisdictions where there's a proficiency of public parking, that maybe you do not have to park any of the employees Again, I'll explain the rationale for that in in just a minute Then parking for accessory uses Again,if this is something that's really serving mainly the patrons of the hotel themselves in providing a food service,we don't see a need to provide additional parking. Plus, again, the availability of public and private parking in the downtown Then I'll mention the timing of parking,that goes to employees too When you need parking for hotels, it's peak hours That's what it looks like in the ordinance, is just—that's really what we're changing See in yellow, B-1 District only one 1 0 rooms.I want to give you a little information about parking in the B-1 The Planning Commission asked for a lot of information.Some of it's in your Planning Commission staff reports that we referenced They asked a lot of questions This is to give you an idea If you look at total Town public parking spaces in the B-1 District This is not the whole H-1 This is just ones we control in the B-1 We've got 677 Then if you look at the public parking in the government Page 18 I March 14, 2023 center district, which is County and some of this it's all outside of B-1, but its approximate to the B-1 You see the County's got 1,311 public parking spaces This is a map to give you some idea of where the parking spaces are. In purple, you see the two Town facilities One's the Liberty Lot and the other is the Town Hall parking garage Those are the two main parking facilities we have in the B-1 District Then you'll see numbers along the roads,and that's on-street parking There's a lot of coding in this map, but it's pretty small Some are reserved Not many, but some are open, others are metered. It lust shows you where those are. Those are in addition to the parking garages What I'm not showing on the map there is the County facilities, the County garages Then if you look to the Town Plan,what does it say about this?It says it encourages a hotel near the downtown to support local businesses and promote tourism of Leesburg. Its really looking for at least one additional hotel We also have a strategy that calls for providing the minimum amount of parking and to try to encourage shared parking or other types of parking to get the most out of the public and private parking that we require and not have a lot of spaces sitting around unused most of the time Evaluating hotel parking in the downtown is certainly something that the Town Plan calls for to do, again, to try to attract an hotel Why would we say lust one room per space? It really goes to the ITE manual This is the Institute of Transportation Engineers manual. They look at uses, all types of uses, and then they take a look at the parking required What you really get out of looking at that here is that the peak hours of demand would be Monday through Friday from 11-00 PM to 8 00 AM. 11.00 PM to 8:00 AM, that's when hotels need the most parking The rate was 0 74 spaces per room. You don't even need--Because some rooms are going to be unoccupied, et cetera The peak hour on Saturdays-Saturday and Friday nights are the big time-you can get actually over one space, 1 15 Now we're lust setting a standard of one The difference is that on the weekends, you don't have competition for a lot of the public spaces that are available. Folks could park there or there could be unused private spaces, should somebody make an agreement where they could park. Again, during the day on weekdays and Saturdays, ITE indicates that actually one space should handle what you've got Remember one other thing, employees don't always come in the very-they're not there in the morning and they're not out there all day at hotels Some are, but very few Most of them come for a while and leave They usually show up when people are leaving in the morning In acting on an amendments This is just standard language Council shall consider whether the proposal is consistent with the Town Plan and stated purposes of the Zoning Ordinance Then I've got some suggested motions for you all to consider That's the end of my presentation Mayor Burk: Thank you. Does anyone have any questions on this? Mr Bagdasanan Council Member Bagdasarian: I do Just thank you Mr Boucher Just curious,back in the days of the Leesburg Inn,where was parking available for the-- Brian Boucher: They didn't have any parking The Inn was built in the 1880s When they built it, you didn't have parking, but Leesburg would have lots behind it, long runout lots behind some of these where you if you take your horse it might have a little livery stable, but it did not have any parking Even up and through the 1950s when it was still being used, it didn't actually have any parking on site They would come down-- By that time it was a big open parking lot, gravel parking lot I think folks parked here and then wherever else they could Council Member Bagdasarian:That's the transition from massive surface parking to other alternative options Leesburg, in general, do we know what the occupancy rate is typically? How often are hotels at 100%capacity? Page 19 1 March 14, 2023 Brian Boucher: You know, I don't have that I know folks want to build hotels here, because the occupancy rate- whatever it is- is pretty high It's not constantly loaded, I know that It might be 70%, somewhere around there, but I'd have to double check Council Member Bagdasarian: Thank you Mayor Burk: Mr Steinberg Vice Mayor Steinberg: Thanks for the presentation First, are Fredericksburg, Winchester, and Charlottesville really apt comparisons to Leesburg's Historic District when you consider the geographic tightness of our area? Brian Boucher: I think certainly the cores are, and the thing-- I do think the cores are Obviously, Fredericksburg has some rapid transit that Winchester and we don't have I think when you look at the downtowns, if you look at what they do, all of them have rules that reduce parking downtown to some degree Fredericksburg- I believe it's Fredericksburg, you can buy some of your parking Some places do what we do Say that within a certain proximate area of public parking,you don't have to provide any uses Then if you go a certain distance out, you got to provide 50% if you're a non-residential use I think our ordinance was taken over the years from some of these other-but getting back to your point, do I think it's appropriate? I do, because of the amount of public parking that we have Again,the goal is to-if you have public parking,to get it utilized I think given this use,the type of use this is, I think you could only expect that most,a few of them in the Historic District,for the very reasons of lack of suitable developable land and architecture control I think there's enough private and public parking there that alternatives could be found to hopefully not overburden public parking Vice Mayor Steinberg: Do those Jurisdictions have the same high level of residential mix that we do here? Brian Boucher: Some do. Yes, some do They have an intermix of residential and commercial Yes, all-of-them do to some degree I can't tell you its exact percentage, but they at have—residential downtown to a degree Vice Mayor Steinberg: Okay Well, first thing I'm going to say, our pay in lieu program in its current form is an utter failure I don't see that as a viable option It's something we probably need to take a really hard look at. I think it's also possible that we may need to accept in this particular Historic District that not every option is going to be workable in every location regardless of how much we try to fit things in Especially given proximity to residential considerations I can see that there are absolutely some sites that might work better than others Still a consideration for that Is there any way, if we were to designate specific areas to employees then,that the business says this is where you park? Brian Boucher: Yes. Again, with public parking, we won't designate public parking outside of handicapped spaces We don't use--Or reserve parking sometimes We haven't done it,for commercial spaces If someone had a situation like this and had thought, "Oh, we'll have a couple of employees that can't park on-site in our busy days They'll have to park somewhere else" The thought would be they would use existing public parking at public parking rates or they would try to, if it behooved them, to get some work with a private site, private parking to try to get something like valet parking or offsite parking for any potential overflow Vice Mayor Steinberg: Well, obviously, one of the greatest concerns here is residential parking You have people who live here and have for some time, and people who move here Regardless of what the transportation models are going to become right now,everybody still has a car now Some residents may have too many cars That's another topic for another time Would it be a workable solution to say all street parking becomes metered, but permitted for residents?Is there a way to make a program like that work? Brian Boucher: I think that's something that--The Council obviously has done programs We've got a number of residential permit parking-only districts I think that's within the discretion of the Town Council It comes out of the Town Code Generally,there'll be some type of study done,a survey of the residents, who's for this? The only thing I would— Most of the residential permit parking we have is dunng the Page 20 I March 14, 2023 daytime When you're trying to make that parking for the residents,typically it's 9.00 to 5 00 to keep the commercial customers out during the day I think with a hotel, the concern would be more the later hours, because if the concern is that there wouldn't be enough parking on site I would say it's within your purview to restnct these as you see fit Vice Mayor Steinberg: Okay Thank you James David:Vice Mayor[unintelligible]. Mayor Burk: Sorry, but we couldn't hear you. James David: I think[unintelligible]look at that Downtown Parking Master Plan,and certainly looking at strategies on how to control street parking is a viable option we should explore Brian Boucher:Okay Thank you I appreciate the fact that we have hotels outside the Histonc District That's an entirely different situation though, and obviously, those particular businesses are going to deal with it in an appropriate and entirely different way Okay Thanks Mayor Burk:Any additional? I have a couple of questions Why are you basing this on 50 rooms? Brian Boucher: Oh,that was lust an example It could be pretty high We have hotels, and hotels can be any amount There's a thing called a boutique hotel We don't have a definition for it They can be, but I looked them all up to see and you can see anywhere from 20 to 100 boutique hotels can be- depending on whose definition you look at Since this is for a hotel,that was lust to figure I took It could be more than 50 rooms, it could be less. Mayor Burk: It seems pretty high in the Historic District Brian Boucher: That would be a big hotel downtown, again, given the space, because to build something like that you have to have a land to put it Again, if it was a 50-room hotel, our recommendation would be that they have at least 50 on-site parking spaces, one per room Mayor Burk: I lust wasn't sure if you were saying it was going to be a 50 Brian Boucher:Yes, it was just an example Mayor Burk: Ordinarily, you would have to do a special exception to get-and a special exception to make it a hotel, and a special exception would look at parking Brian Boucher: Yes.That's one of the things you can look at Mayor Burk: Does this prevent the Council from requiring a special exception to have a hotel? Brian Boucher: No No, no This is just the parking The use still has not changed We still require special exception for a hotel. We don't for it entered smaller with less rooms I think the reason for that was,and Leesburg's had it this way a long time, I think it was because the larger a hotel gets,the bigger impact it has on the Historic District I believe the Councils in the past wanted to have some control over the scale Mayor Burk: I think it's important to point out that the County Government Center garage is not available during the day Brian Boucher: No Mayor Burk: It is only available at nights and weekends Brian Boucher:That's correct Page 21 March 14, 2023 Mayor Burk:The Pennington Lot,which has 851 spaces and is almost always empty, most certainly is a viable consideration in regard to this I think the residents do have grounds for concern, because you by nature,we want to park close to where we're going I was in Alexandria just this weekend and went to this very lovely restaurant that had no parking We parked about five blocks away, but every space was taken in that neighborhood It was a very tight-- It really took away from the neighborhood, It really did That it was just so overwhelmed with parked cars I would think the parking permit program would be something that we really would need to look at and think about in regard to protecting the residential neighborhoods It seems certainly reasonable to have one space per room, and I could understand that the employees could use the public parking elsewhere I'm a little concerned about the restaurant, but then as I thought about it, most of the restaurants downtown they don't require parking. It would be arbitrary Brian Boucher: Just one thing. If a restaurant was big enough-- Because this is an accessory use is what we require parking for That means it's subordinate to the principal use,and it's really aimed mostly at serving the patrons of the hotel If you built a restaurant onto the hotel that was big, had its own entrances, had its own signs, and was serving everybody, then that would be considered a principal use Then that's a different parking issue Mayor Butt: Again, it's not required now, so it would be--We have some issues with that One of the things I was going to ask for tonight for future discussion was the parking in lieu program, is it out of date and should we dismantle it at this point'You've answered my questions, appreciate it Any from Mr Cimino-Johnson? Council Member Cimino-Johnson:Hi,thanks for the presentation and the information I just have one question The Home2 Suites that's being built, it is one room per one spot,and then'-- Brian Boucher: They go by the standard that we apply everywhere in Town at the present time. That is space for each guest room, one space for every two employees that you will have at the time Then also4 you have that accessory eating establishment inside, it'd be one space for every 150 square feet What we're asking to do here is take away the requirement for the accessory eating service and the employees. Mayor Burk:Anyone else?The only other thing I would add is that I would not consider Charlottesville or Frederick to be comparable to Leesburg, because they have so many garages. Brian Boucher: No, I think there are absolutely things to consider That's why I said, we're looking at how they handled their parking Mayor Butt:Yes. Plus we're better All right With no more questions,then I will ask if there's anybody from the public that would like to speak at this point Mr Ash,we can consider you public Three Kevin Ash:Thank you, Ms. Mayor, Mr Vice Mayor-- Mayor Burk: Excuse me Actually, I think I read out five I need to stay with the five, sorry Kevin Ash: I won't be long winded Thank you, everybody Nice to see you all. First off, I'd like to tell you-Russell had a few consultants here in Town They stayed at Hampton Suites Two of the three Uber'd in I'm a proponent of less parking for hotel use here in the Town The industry standard,and as Brian was saying like, 0 74 occupancy from a banking standpoint is underwritten. Hotels are underwritten at 70%occupied.Asking developers to build 100%when the banks,as you do, underwrite it at 70% and there are different times, and we all talk about that Weekend use is usually much higher Weekday use is usually much lower, so there's an average Russell's consultants come in Town and one of the things that we didn't talk about that Russell or Brian didn't bring up is Ubers and taxi from airport locations Some of the jurisdictions that we were talking about, Ms Mayor,aren't in the same proximity of airports that we are here in Leesburg Have an international airport 20 minutes away, and a regional private Page 22 I March 14, 2023 airport 10 minutes away I think if there's a hotel or hospitality use here in the downtown B-1 District, I think that there would be a higher number of taxi or Uber folk business people coming into Town to do business That's what attracts so many people to Leesburg is the walkabiliy and all the other amenities they have if they're able to stay down here. Russell's consultants Uber'd in One had to get a rental car, because they had to dnve from the outskirts into Town to conduct business I think that's why I'm a proponent for even less parking For another topic,the old Leesburg Inn was 55 rooms, had a restaurant, had a bar, had a parlor, and had two real estate offices in it Based on my history, I had heard that there was 13 parking spaces Brian Boucher: Okay I didn't find anything that said they had any dedicated, and the County used to use it, by the way. The Board used to be there Kevin Ash:Yes 55 rooms in Leesburg, it was here for nearly 100 years That was, I think, the basis of that From a parking standpoint, I'd just like everybody to consider the times of what things are using, and Neil, like you said,the parking in lieu, I would agree is something that needs to be looked at I'm personally the largest contributor of the parking in-lieu program, but I have been very successful in developing five buildings in Town and using less than required parking I think it's capable and able I think less is more sometimes Thanks for your time Mayor Burt Thank you. Is there anyone else from the public that would like to speak that didn't sign up? Seeing no one, I will close the public hearing and I will ask if anyone has a motion Council Member Cummings: I'll do the reading tonight I move to approve Zoning Ordinance amendment TLOA-2022-0009 revising Article 11, parking, loading, and pedestrian access parking requirements for hotel/motel use in the B-1 District based on the findings that the amendment furthers objectives of the Town Plan and that the proposal would serve the public necessity, convenience, general welfare,and good zoning practice Mayor Burk: Can there be an amendment added to that about the permit parking in the residential neighborhoods? Christopher Spore: It's not really part of the Code that we're amending. I think that you would make that motion adding additional items to a future agenda, as opposed to tying it to this, I think that's the appropriate time to do it procedurally.Thank you Mayor Burk:Thank you.All right Is there a second? Council Member Cimino-Johnson: I second Mayor Burk:Any additional comments at this point?All in favor indicate by saying aye Members:Aye Mayor Burk: Opposed? Council Member Steinberg: Nay Mayor Burk:Yes That passes five yeses and two nays, Mr Steinberg and myself All right That moves us to our next public hearing,which is called to order on March 141',2023 public hearing of 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 upon the sheet in the hallway outside of the Council Chambers, but if you did not get the opportunity to sign up, we will give you the opportunity to speak Page 23 I March 14, 2023 In the interest of fairness,we ask that you observe the five-minute time limit.The green light 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 However,rather than have numerous citizens present remarks on behalf of the group The 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 spokesperson,the group they represent, and their request for additional time. Our procedure for the public hearing is as follows First,there will be a brief presentation by staff about the item before us, and then members of the public that have signed up to speak will be called and given five minutes to make their comments Before we begin the public hearing. We all want to wish you a very happy birthday Cole Fazenbaker:Well,thank you Mayor Burk: I think that I think there's a cupcake somewhere for you Cole Fazenbaker: I didn't know that's for me Mayor Burk:The public hearing on the agenda for tonight is Fiscal Year 2024 Proposed Budget Cole Fazenbaker:Thank you Good evening,Madam Mayor,Council Members,members of the public My name is Cole Fazenbaker I'm the Management and Budget Officer for the Town, and tonight I'm presenting the public hearing for the Fiscal Year 2024 Proposed Budget Some of the budget highlights include that we remain to have a strong financial standing,which includes a AAA bond rating from all three agencies We have healthy financial reserves, positive real estate growth, and also positive consumer tax revenue Especially in the meals tax and sales and use tax. The budget is built with uncertain economic headwinds taking them into account, which includes inflation and a potential for a recession The proposed budget also includes investments in capital infrastructure, public safety in the workforce, technology, and parks, and open space The proposed budget includes a no change in the tax rate As an overview of the Fiscal Year 2024 Budget,we list all the different aspects of the budget both the general fund and the utilities fund Which includes the operating budget and the capital improvements program the CIP Overall, all funds were increasing from about $153 million to $157 million That's about a 2 8% increase and we'll go through all the different funds Your Town tax dollar at work 760 of each tax dollar goes towards direct public-facing services, which includes public safety, Public Works, Capital Projects, Parks and Recreation, and Balch Library As I mentioned previously,the proposed budget includes maintaining the current tax rate for real estate at 17 740 per$100 assessed value Equalized rate is 16 530 Each penny is valued at$1 1 million If the equalized rate would be adopted that would mean that we'd have to reduce the expenditures by approximately $1.1 million.The average residential tax bill change from 2022 to 2023 is approximately $65 annually for the average unit from last year to this year That's a change from $929 annually to $994 and that is$65 annually and$5 and 420 monthly Some of the key revenue estimates that are included in the proposed budget Some of the major ones are the meals and beverages, which is increasing $1 4 million The real estate tax is $1 6 million. Personal property tax is $1 1 million year over year, and the sales, and use has an increase of$1 3 million Those are significant consumer tax increases The base budget adjustments included in the budget, some of the major ones are fuel, the gasoline and diesel, $125,000 increase. The refuse and recycling is increasing$720,000 $500,000 of that is for a fuel surcharge. Basically,a contingency if we have to dip into it.The other aspect is the online cloud technology services as we move more and more towards the cloud is a$455,000 increase Page 24 I March 14, 2023 On the personnel side, we have a 4% average merit pay for performance of$954,000, a 3% cost of living adjustment, and also a mandated retirement contribution from VRS at$439,000 Included in the proposed budget are key enhancements The first key enhancement is Police compensation initiative for$873,000 The goal is for recruitment and retention and the competitive labor market It's 5% for all officers and dispatchers, and then an additional 5% for officers and dispatchers if they have at least two years of service with the Town We're also proposing to increase the starting salary from $62,000, $65,000, which is about 5% The second key enhancement is a police IT Systems Administrator for $129,500 The goal really is for support at the 911 call center and other Police applications,and the computer-aided dispatch and records management system,or the systems related to the 911 call center The next position is the Safety and Risk Manager The goal is for Town-wide safety practices and risk management. The initial work plan would revolve around the water and sewer plants 60% would be funded from the utilities fund and 40% from the general fund, which equates to $52,000 general fund and$78,000 in utilities fund The last enhancement is for Veterans Park staffing and equipment Two new Groundskeeper positions for three months, which is equates to $46,000. Also, the outfitting which includes truck, picnic tables, trash receptacles, mowers, landscaping, et cetera, is another $300,000 A portion of that is paid with unassigned fund balance.The Capital Improvements Program is for Fiscal Years 2024 through 2029, and all 6 years is about$415 million for 82 projects That includes nine new projects,six general government,and three utilities fund projects. In Fiscal Year 2024,the funding total is$50 million and 46 projects Utilities fund for fiscal year 2024 makes up about 22%of that funding As an overview of the utilities fund,the overall budget is$40 6 million Operations is$29 5 The capital asset or 3R is$3 6, and capital projects is$7.5 million. This is the final year of the five-year rate study The rate included is 4 5% rate increase and two enhancement positions are included, which are an IT position that will support the SCADA system, which controls the technology at both plants, and also, a Utilities Plant Engineer This is going back to the table earlier of going through what comprises the overall budget, so we talked about the general fund and utilities fund Just to recap that,it's about a 2 8%increase for all funds In summary,we maintain our triple AAA rated from all three rating agencies,remain financially sound The intent was to meet the base budget needs, consistent with Council priorities, and the budget is built on maintaining the current tax rate of 17 740 We're also using reserves strategically to help balance the budget, the investments or capital infrastructure and parks, public safety and technology, and also human capital and workforce safety Above is the proposed budget schedule Tonight,we're doing the public hearing for the budget In two weeks, we'll have the final markup work session on March 271^ Then the next night, we will do the public hearing for the taxes and fees, and also the adoption of the budget and the tax rates That concludes the presentation. Thanks Mayor Burk:Thank you Is there anybody who has a question at this point?Alt right.Anybody from the public? Nobody has signed up to speak Is there anybody from the public that would like to speak that didn't get a chance to sign up?Seeing no one, I will close the public heanng at this point.As stated, our next-meeting will be the final meeting on the budget Okay Council disclosures and comments We'll start with you, Mr Cimino-Johnson Council Member Cimino-Johnson: Thank you, Madam Mayor Just want to say last week I was in Richmond for the Virginia-certified planning program through VCU if you have not taken that program, I would highly suggest it I learned a lot Continuing to learn a lot It doesn't end until May On Saturday, I attended the Virginia SAR John Champ chapter They were having a 250th anniversary for the Committee on correspondence through the colonies. It was very interesting. I'll say that.Then I am not a fan of spring forward, if you can tell, and I do not have any disclosures Mayor Burk:Alright Mr Cummings Page 25 I March 14, 2023 Council Member Cummings:Just two disclosures I had a meeting at the beginning of March, March 3rd with Don Knutson about a property he owns near the Liberty Street Lot,as well as the Liberty Street Lot,excuse me,RFP This week on Monday,I had a meeting with representatives of the owner at Depot Court property to talk about future potential redevelopment there I was joined by the who's who of Leesburg Town staff, Chris Spera, James David, Rich Klusek, Christine Newton, and Mr Watkins, Mayor Burk:Thank you Mr MO Council Member Wilt:Just one Met with Russell Seymour,Ara,along with Kevin Ash on the 8th of this month about the proposed Inn project Mayor Burk:All right Mr Bagdasarian Council Member Bagdasarian: I was also at that meeting, as Mr Wilt mentioned, that was the 8th of March I regret I will not be here with you at our next work session on the 27th I'll be in flight to the West Coast I will be joining in remotely on the, if approved, on Tuesday [laughter] Mayor Burk: Ms Nacy. Council Member Bagdasarian: Please, let me in Council Member Nacy: I don't have anything Mayor Burk: Okay, Mr Vice Mayor I'm sorry, I didn't hear Vice Mayor Steinberg: No disclosures I'm going to beat you to the punch Two topics for future meetings.One would be Mayor Burk: Oh, come on [laughs] Vice Mayor Steinberg: I'm sorry. I brought them up To examine the potential for residential metered parking and slash permit parking in the Histonc District I'll let you do the second one I'll just bring up the one. Mayor Burk:Okay Fair enough There are four people that are interested in looking into the residential parking in the B-1 Is that what you're you Vice Mayor Steinberg: [inaudible] Mayor Burk:Okay All right Everybody's in favor of that one?Okay. Is that it for you7 No Okay.Thank you [laughs] I would like to welcome Zest Clothing They are open on Loudoun Street It's a very innovative clothing store for women They did their ribbon cutting, and it was a very interesting and wonderful to have them here They also have a, I believe,they have a location in Middleburg On March 5'^, I did the Read Across America at Birch Tree Bookstore We're lucky to have two wonderful, independent bookstores here in Leesburg. Both are unique and wonderful additions to our community Birch Tree had readings all day for the kids to hear adults reading to them It's important in a child's development for them to see adults reading and to have adults read to them I'm very grateful to Birch Tree Books for allowing me to join them On March 8th, I met with Deborah Gilmore, CEO of Laws,and Tyler Peak,to discuss the land acquisition of a possible new shelter.On March 9th, I met with the Market Station HOA It was a great meeting One thing you learn when you attend these different meetings is how communities in Leesburg differ Each has its own issues and concerns, but then they have things that are common to other communities in Town Listening to them ask questions and talk about speeding through their neighborhood, or talking about the noise or the music from businesses nearby, and talking about a Police presence, it's not unusual to hear these different concerns, but it was good to meet with the community and to engage them and they are a very engaged group I followed that with a meeting the same day on March 9t at a meeting in Bluemont with the Bed and Breakfast guild The BNBs most certainly abound in Loudoun County, Page 26 I March 14, 2023 and they're very interesting. Each is unique and special, and the experience that each can give you is just yours to enjoy I want to congratulate their new leadership that was elected at that meeting The same day,I met with the representatives from Stack Infrastructure They're looking to build a data center on the Peterson property I and staff reminded them of the design guidelines that Leesburg has and the addional cost, and they were more than being on board with it They were ready and willing to come in and be part of the Town. I'm looking forward to continuing those discussions. March 130h,the Loudoun County Day School invited me to their pre-kindergarten class on If I Were Mayor I read some of them last night, there were many good suggestions, and wonderful teachers that work at that school I appreciate the invitation and I look forward to-every year I look forward to doing it, and this year was no exception On March 30'h, I met with Delegate Reid and Delaney concerning the remote tower station at the Airport They recognized right away that we can't go back to having pilots landing and taking off the Airport without control tower assistance We are too big and too busy to go back to an unmanned Airport tower That the Town has been reaching out to our State, our local and Federal officials, and it has been wonderful to have them support us, and hopefully we'll come to a conclusion here I want to recognize our pilots and all that they're doing to try to make sure that we have a safe Airport also, but our Congressional elected officials are going to be invaluable to finding a solution. On March 14th, I met with Jen Diffender,a Leesburg pilot,about the remote tower and she had some suggestions I wish each and every Irishman or every wanna be Irishman a Happy St Patnck's Day Let me know if you catch a leprechaun. I'll be very interested Thank you very much Town Manager, [laughs] I have comments on the side Kaj Dentler: No comments Mayor Burk: No comments. In that case, do I have a motion to adjourn? Vice Mayor Steinberg: Weren't you going to? Mayor Burk: Oh, I did. Okay, I'm sorry I forgot to— Thank you I did want for a future agenda item, I would like to have a discussion on pay in lieu, so that we can have that discussion as to whether that is a viable program any longer. Are there four people that would be willing to do that?Okay That looks like everybody All right now, can I have a motion to adjourn? Council Member Cummings: So moved. Mayor Burk: Second? Council Member Bagdasarian: Second Mayor Burt Moved by Mr. Cummings Seconded by Mr Bagdasarian All in favor? Members:Aye Mayor Burk: Opposed?That passes 7-0. Thank you for reminding me Page 27 March 14, 2023 Good Evening: My name is Suzanne Larkins,and I live at 3 Royal St. SE, Leesburg, VA. In the summer of 2022, Ellisdale Construction approached the Town of Leesburg regarding a desire to build a 30,000-SF hotel at 208 S. King Street. Because the desired mass of the project would not meet the Town's current hotel-use parking requirements, the Town Council approved amendments directing the Zoning Department to examine and potentially to reduce current hotel parking requirements within the B-1 Zone. Following its analysis, staff is proposing a reduction to 1 parking space per hotel room, with no additional requirements for employees or secondary uses. As members of Council,I realize you work in and visit the Town's B-1 Zone,however,I think it's difficult, despite staff's diligent analyses and the Town's honorable ideology, to understand experientially the impact a project of this magnitude will have on the people who live within the B-1 Zone and whose properties border 208 S, King Street. I. BACKGROUND The 208 S. King Street application proposes a 30,000-SF new-construction building attached to the back of the existing two-story historical structure. (See Attachment 1.) This property is unique in that while it faces King Street, its unusual lot depth borders most of the properties on Royal Street, SE, as well as several properties on Church Street, SE. (See Attachment 2.) Any decisions made regarding the proposed project greatly affect all the historically significant properties on South King,Royal SE,and Church SE,including what may be the only African American Heritage buildings in the B-1 Zone (the Black Old Fellows Hall (c. 1890) and Providence Baptist Church (c.1874)). II. 208 S. KING STREET'S APPLICATION CHALLENGES A. Parkin : When the Town is considering applications for alterations to existing structures or new construction, the mass and scale of which requires some form of parking requirement reduction, whether through legislative action, special exception, or the in-lieu limit, it's imperative to have a comprehensive understanding of current parking reliance within the area, including any pending applications. Set out below are the current parking constraints within the block of 208 S. King Street-- 26 spaces(22 viable)shared by 36 buildings: 1. Royal St., SE: Royal SE provides 12 on-street parking spaces, 2 of which are reserved for handicap/special needs. The remaining 10 spaces must serve 6 apartments (5 of which were approved by the Town in a commercial-to-residential conversion) and one residence that provide NO on-site parking, 2 multi-car residences that provide a single parking pad only, the remainder of the residents and businesses on Royal SE, daily overflow from 1 Royal SW (another 5-plex conversion that provides NO parking--Royal SW predominantly is permit parking with only 4 shared spaces for residential, commercial, and patron use), two bordering King Street businesses (dental office employees [2-3 on any given day] and King Street Coffee building employees, residents,patron overflow), and other patrons/overflow from King, Church, and South Streets. Active 102328054 9 1 2. Church Street,SE: There are 8 parking spaces on Church SE,including 1 handicap. The Providence Church van regularly occupies one space,leaving 6 viable parking spaces for residents, office use, patrons, and visitors to both Church SE and South Street. (a) 211 Church Street, SE: New building approved by the Town with limited parking. Attachment 3 clearly demonstrates the challenges the in-lieu parking loophole creates. (b) 212 Church Street, SE/South Street: The property owner of 206,208, 210,and 212 Church St., SE (see Attachment 4) has filed 2 concurrent applications-- TLPF2020-013 (by-right) and TLSE-2021-0003--requesting conversion of 212's 3-car,single-story garage into a 45'-high, 16,439-SF building at the corner of Church and South Streets (see Attachment 5), consisting of either (1) 10 multi-family dwelling units, with 898 SF of ground floor retail; or (2)commercial/residential/retail. By grossly expanding its footprint, the 212 Church St. project eliminates its existing South Street parking and greatly reduces the 206-212 Church St. shared off-street parking. Applicant's current combined use requires 27 spaces but this figure climbs to 42 given the scale of the new project. In an attempt to reduce drastically its parking requirements, while notably avoiding any reduction in gross mass to better meet its existing parking resources' (inclusive of in-lieu), applicant is seeking a 100%reduction for non-residential uses of 206-212 Church St.,decreasing its post-construction, mixed-use obligation to a mere 15. 3. South King Street: There are 6 viable parking spaces on S. King which serve South Royal, South King, and South Street property owners,patrons, and visitors. (a) King Street Station condos: Condo members spoke at the December 2022 BAR and January 23 Planning Commission meetings expressing concerns over any further reduction in parking requirements on the block because condo owners already are experiencing parking shortages caused by Goose Cup and bar/restaurant patrons of South and Harrison Streets. (b) Tuscarora Mill: The Mill has had to enforce strict towing practices due to parking deficiencies within the block. Finalization of 212 Church St., SE's 16,439-SF project will exacerbate further this issue. In January 2023, following the Town Council's directive to exam current parking requirements within the B-1 Zone, the Zoning Department conducted and presented its Downtown Parking Study ("Study") to the Planning Commission. While diligently conducted, the Study fundamentally is flawed because it (I) fails to limit its scope to B-I zones (county-wide data was used); and (2) fails to quantify the Town's current parking usage/demand,including approved/not completed and pending projects, itemized by category (e.g., residential, commercial, retail/food ' Pursuant to TLZO Sec. 3.4 6.H Zoning Modifications/Waivers Analysis, "[ejvery request for a modification or waiver of zoning requirement shall be accompanied by a detailed justification statement... [d]emonstrat[ing]that it is not requested for the primary purpose of achieving maximum density on the subject property...." (See p,3-27.) Active 102328054 9 2 service) with correlating parking requirements, and descriptions of how those requirements are/will be met(e.g.,on-site availability, shared parking, in-lieu reliance). If the Town lacks a comprehensive understanding of its existing parking usage/demand, but continues to reduce parking requirements in any event, as it did previously in Fall of 2022, its flawed decision-making adversely and prejudicially affects existing residential/commercial property owners. Indeed,taken in its limited form,the Study suggests that(1)someone who lives on the south side of Town (a)park at the Pennington lot and walk 7-8 blocks to their home with their necessities; (b)purchase a Town Hall parking garage permit despite lack of availability and/or financial burden; (c)park in the evenings at the unmonitored and secluded Liberty lot, a temporary resource only; (d)park at the County parking garage afterhours and weekends and drive around circuitously during the remainder of the day to locate free, non two-hour parking; and (2) overflow business patrons and employees on King Street, including King Street Coffee, SmileDesigner dentistry, BKD Bagels, Grotto's,Black Walnut Brewery, GooseCup, do the same. The Town is aware that its current parking resources are strained and/or locationally challenged despite the lack of parking usage statistics. Indeed, during a previous discussion of the amendments, Mayor Kelly Burk said, "Leesburg is a destination. There's lots and lots of people that come here now.... If they come into a location and they don't have anywhere to park,you're not going to be a destination for very long." Continuing, Mayor Burk states, "It's very important that we all realize that we will have to build another garage." (See Elizabeth Stinnette,"Updated: Leesburg Town Council considers zoning amendments for boutique hotel downtown,"LouDOuN TIMES-MIRROR, Sept. 27,2022.) Even if Ellisdale is successful in procuring the necessary parking requirements for its proposed 30,000-SF project by the Town enacting legislative change and using the in-lieu loophole, it still will fall short of its parking demands, and the inadequate, existing available parking on the block will not be able to absorb the strain Indeed, and most importantly, it unduly will burden the existing property owners' rights to available parking and make their homes,businesses,and rental properties less attractive and therefore less valuable due to the deficiency. B. Failure to Meet LO&HDD New Construction Guidelines: "A successful project will be based on an analysis of the historic setback, spacing, height, massing, materials,and forms of surrounding buildings as well as the nature of the site." (See p. 81, emphasis added.) a. Setbacks: Section VIIC(2): "Relate the setback and spacing of any new construction to the character of the surrounding historic buildings in the neighborhood. Keep setbacks consistent with the setbacks of a majority of historic buildings on the block and across the street." (See p. 88.) Applicant is requesting zero side-yard setbacks. While "[n]o side yards/setbacks are required for lots fronting on Market Street, Loudoun Street, King Street, Wirt Street or Liberty Street,"(Town of Leesburg,Virginia,Zoning Ordinance 6.3.3(2)(June 2021),p. 6- 5), zero side-yard setbacks do not allow the fire department to operate within these constraints. Indeed, the fire warden has requested an increased setback to operate equipment and prevent fire conflagration. As you are aware,the existing historical structures in the B-1 Zone are either co joined or have minimum side-yard setbacks. Allowing a zero or minimum setback for new construction is irresponsible. Indeed, Active 102328054 9 3 on January 26,2023,3 Royal St.,SW was engulfed by fire(see Attachment 6). The smoke was so intense, it was impossible to detect which building was on fire. Gratefully, the residents were safe, and due to the home's small size, the fire was contained within an hour. A fire at a 45'-high, 30,000-SF building with a zero/minimum setback that towers over the adjacent, modestly sized, historical properties,may have a much different outcome. To this point,the Town has recognized the importance of creating greater setbacks for large-scaled buildings bordering residential properties (see Town Ordinance 10.4.5(F). "Increased Setback Adjacent to Residential District" B-2 states: "In nonresidential districts the front, side and rear yard minimum setback shall be increased to be equal to the height of the building...." For example, "[i]f the rear yard ... is to be located adjacent to a residential district, ... the building must be at least 45 feet from the property line ... even though ... the B-2 District is only 20 feet." This begs the question: Is the value of the safety of the residents in the B-1 Zone less than in B-2? Obviously, smaller lot sizes in the B-1 Zone may require lesser setbacks but, clearly, the Town must increase the minimum setback for all new construction in the B-1 Zone that borders residential or "traditional residential form properties." b. Height: Section Vll(4) "Proportion": "Proportion also refers to the height of a building in relation to its width and the dimensions of the structure in relation to the dimension of the adjacent buildings...." (Page. 82, emphasis added.) Adjacent buildings apply not only to King Street properties but also to the historically significant properties along Royal SE and Church SE. c. Massing: Section VII(B)(3)(a)&(b) "Size and Subordination": "Limit the size of the addition so that it does not visually over-power the existing building. Rear additions should not exceed the height of the historic building,so that the new section is not visible from the front of the structure." (Page 86,emphasis added.) The property owner was hard-pressed to find any examples of"Prior Approved Additions That Are Larger Than Existing Historic Resource," referencing only 3 examples (see Attachments 7-9): (1) 205 N. King Street, a residential, historic Italianate, located on a large lot surrounded by other historical homes with large lots; and (2)7 W. Market and 20 N. King Streets, both alleyway additions more appropriately scaled to the original and surrounding conjoined commercial buildings they border. All the examples applicant proffers resulted in minimal height increases to the original structures. Importantly, dissimilar to 208 S. King St., neither 7 W. Market nor 20 N. King border "Traditional Residential Forms" (as defined in Section VII of the LO&HDD Guidelines). Indeed, Staff specifically addresses the applicant's failure to limit massing by providing proper step back: Step back upper stories — the Guidelines support step backs for upper stories which aids in reducing perceived heights of buildings as well as perceived mass. Only the uppermost "rooftop"2 ... appears to have a 2 The uppermost"rooftop"houses mechanicals only as it is beyond the 45' height limit. Active 102328054 9 4 significant step back. The BAR may wish to discuss the possibility for step backs on the fourth floor which may also allow for the creation of traditional features like balconies while also reducing massing of the structure which is substantially taller than most of the historic construction in this area (BAR Case Number: TLHP-2022-0158, p. 5, emphasis added.) d. Forms of Surrounding Buildings: (1) "Traditional Residential Forms": Regardless of intended use, these buildings are designed to reflect traditionally residential character because they are typically constructed on the occasional vacant lot within a block of existing historic houses. Setback, spacing, and general massing of the new building are the most important criteria and should relate to the existing historic structures, including residential roof and porch forms. (See Section VII(A)(2) p. 84, emphasis added.) (See also Attachment 10.) (2) "Larger Individual Lots": Larger Individual Lots and Multi-lot Sites often new commercial, office, or multi-use buildings are proposed for construction on sites much larger than the traditionally sized lots of 25 to 40 feet wide ... [that] can translate into new structures whose scale and mass may overwhelm neighboring existing historic buildings. Therefore, while this building type needs to respond to the various building conditions of the site, it must also employ design techniques to reduce its visual presence with respect to the historic buildings in the immediate context ... [to] mitigate the impact of larger buildings on the historic context. (See Section VII(A)(4),p. 85, emphasis added.) (3) Roof Forms: Design the roof form of a new building to be consistent with the existing structures in that neighborhood.... Leesburg's traditionally residential forms typically have gable or hipped roofs ... New commercial and mixed-use buildings can incorporate any of these factors but should relate to the majority of the roofs of the buildings within the block. (Section VII, p. 97-98, emphasis added.) As demonstrated in Attachment 11,the Town's more current,newly constructed buildings situated between existing, historically significant buildings have Active 102328054 9 5 pitched roofs that are sloped to meet the roof and residential form Guidelines as well as diminish their impact on neighboring properties. The only exception is the King Street Station condos; however, beyond the flood plain requirements that may have required a higher foundation, the condos are set back perpendicular to the surrounding streets and border the bike path and a large upward slope on South King St., greatly diminishing their impact. Clearly, the application as it exists(see Attachment 2)grossly overshadows the original structure and the surrounding historical landmarks in direct contradiction to the LO&HDD standards as provided above. Most importantly, the application fails to meet the special exception standard provided in TLZO Sec. 3.4.6.H"[d]emonstrat[ing] that it is not requested for the primary purpose of achieving maximum density on the subject property...."(see p. 3-27). Conversely, the Church & Market Streets redevelopment project (TLSE-2018-0005) (see Attachment 12)is an example of new construction that does meet the LO&HDD and Legacy Town Plan standards for "preserv[ing] historic resources and ensur[ing] complimentary architectural design"3 while simultaneously"not overshadow[ing]existing historic landmarks."4 Failure to Meet the Legacy Town Plan for Leesburg Standards: The Legacy Town Plan for Leesburg, Virginia(the "Plan"), was adopted on March 22, 2022. Its stated mission "is to empower[] the Town to be proactive in managing forces for growth and change going forward by building on the Town's legacy to enhance character, quality of life, economic opportunity, equity and resilience in every part of the Town." (LLTPL p. v.i.) Tantamount to the Plan's efforts is"preserving and enhancing the existing character of Leesburg" (LLTPL p. 9): "Residents agree, however, that the heart of Leesburg [is] its historic and unique architecture ... and this will be the source of the Town's identity and character moving forward. (LLTPL p. 10, emphasis added.) Indeed, the foundation for the Plan is "strengthening and protecting the historic downtown heart of Leesburg [by] preserving] and enhance[ing] [its] historic resources and ensuring] complimentary architectural design." (LLTPL, "Character for the Future," p. 11, emphasis added.) In preparation for drafting the Plan, the Town held an open public engagement process in which participants offered input for positive growth/change. During this process it became clear "that residents did not view all forms of land development as a good thing. Instead, ... the future of Leesburg needed to be evaluated against a set of criteria that resulted in positive change that benefits both current Town residents and future generations,"with the number one criterion: "Does it enhance the Town's character—preserve and enrich the Old&Historic District?..." (LLTPL "Measuring Positive Growth and Change,"p. 15,emphasis added.) Clearly, the resounding thesis of the Plan is preserving the architectural integrity of the existing historical structures as the Town grows. By allowing construction of a 30,000-SF building in the 3 See LLTPL,"Character for the Future,"p 11,emphasis added. See comments by Deputy Director of PIanning and Zoning,Brian Boucher,"Updated.Leesburg Town Council considers zoning amendments for boutique hotel downtown,"LOUDOUN TIMES-MIRROR,Sep 27,2022(emphasis added). Active 102328054 9 6 middle of a block of minimally scaled, historically significant resources, the Town greatly would contradict its own Plan's mission. III. CONCLUSION In conclusion, while the Town must remain adaptive as we plan for the future of historic Leesburg, including our desire to attract developers and new businesses, it concurrently has a responsibility to, and must remain diligent in, protecting the rights, financial interests, and wellbeing of the existing B-1 residential/commercial property owners. To this point,you must ask yourselves: 1. Should we approve a reduction in hotel parking requirements without a comprehensive understanding of the Town's current/pending parking usage/demand within the B-1 Zone? 2. Does the continued reduction of parking requirements and approval of special exceptions to attract developers encourage overdevelopment of lots,directly contradicting the TLZO? (a) Does this overdevelopment place undue risk upon residents by continuing the minacious practice of zero lot setbacks for new construction? (b) Does this overdevelopment fail to limit scale and massing, overwhelming existing historic structures, in direct contradiction to the Legacy Plan's mission and the LO&HDD new-construction guidelines? 3. Does the parking reduction adversely and prejudicially affect existing residential/commercial property owners by portraying their homes, businesses, and rental properties as less attractive and therefore less valuable due to parking deficiencies? I continually am reminded by Staff and Committee members how important it is to attend meetings and share input. Indeed, I have spent 4 months preparing for and attending meetings regarding 208 S. King St.'s application and more specifically the proposed hotel parking requirement reduction. If Council is willing to approve the parking reduction without quantifying the Town's existing usage,in full knowledge of current constraints,as Mayor Burk readily admits,and the 208 S. King St. application moves forward without alteration, then sadly public comment appears to be a formality. Active 102328054 9 7 Attachment 1 TLHP-202200158, pp. 10 & 147 ts,ri I .- s-L(—��--mayy lila i [ ... .. 1mR1.-A- ,I _t•am3mg;!r ,_, ,„- L., ...._ a];?. E 9 5 - 1 mi 1L1 w N [R531 Flin ick / / —j oJ8 I al- - lMIII n m -- ' It .tea ....._ _--- i E — ®I� _g _ w ,.: _s <1,1 lin _ __ __= I L g Q 4 t •R z I ;il g •� t�t - C y' MIN as - -• `� 1 v I i ! am as -_ M i to re e a -- II C 1 i < on me '2.#i " 11 k I ■■ ■■ ae v■ ■■ ■e El II v■ I g 1 • Ii as _= jM._ :us : a r MI t=x t- u , Lo 1 ,;-;'1-::1�D EL1.1 P. 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III . • ,. •-sy . . . , ' • I) ...; -_ . ... ' '- , ..7 . .t Y-4:7nr(1/M. i I 'I' I "1 I l'"1.1 \I • 'ir,31111111144 . .. . . - ..._..•;PI •fi. • . _ . .. . ' it, .. i• I:.I, MIlit - • . 1 • i •.! : .,, ..I .i ,I I.1 prillrNN., iI •' .1 1.. , ..---- 1 • . \ '( . _ • ' .e. ' , .71 idill!Ili.,'.. i. ;'.•tt'''' n.• ___ ' 4! • // -, C' 1 .• - .,-;:' / cm, -•', :i' , i • , , . • ,•' I ..".1.) .fiktr., FriP I... Attachment 10 S. King and Royal St., SE Traditional Residential Forms _�.4' VII. GUIDELINES FOR ADDITIONS TO EXISTING BUILDINGS AND NEW CONSTRUCTION L A. Choosing the Appropriate Building Form for the Site 1, Traditionally Commercial Forms 2 Traditionally Residential Forms When designing new buildings in the Traditionally designed commercial mull Regardless of intended use,these historic district,the overall distinctive buildings generally follow these criteria buildings are designed co reflect district character should be considered, a have a limited setback traditionally residential character as weft as the great variety of historic 1, attach to or arc very close to because they are typically constructed building types.styles,and scales on the occasional vacant lot within throughout the OHD as described in aJiacent structures a block of existing historic houses. Chapter III, B Historic District Clinructer c have a typical lot width cit 25 to Setback,spacing,and general massing of and Neighborhoods 40 feet the new building are the most important criteria and should relate to the existing The neighborhood map and descriptions historic structures,including residential in Chapter Ill are intended to be a tool .--,;>-._ roof and porch forms for guiding property owners and the .s. _ ------ "( BAR in determining the prevailing - characteristics of a neighborhood 7 _` ;l j`i '. 1� , -- '- They are not meant to he smaller ,, i 1. i i,:•ir' 'tl It historic districts with their own - ' i 1. L. 1, design guidelines g `,1[) • �- 4 _ __ J r 4 The design parameters of these new 1 .lid I. -i I i buildings will differ depending on the ��' t Eli r �' - 1^' i l following dorms: • v - The traditional commercial buildings downtown _ '� like those shown here along South King Street, _' "' prov.i a inspiration for the massing and �` detailing of new commercial mull buildings - it' `- in similar surroundings `�- Traditional residential forms line many of Leesburg's streets and historically create a consistent scale and cometmentary forms ��`_, 11 setbacks,and orientation t Earlier structures that were converted from , residential to commercial purposes in the - mid-to-fate nineteenth century are often `,- smaller in scale than buildings originally built - _ for commercial purposes These structures - . however,do adhere to the same principles of ` limited setback,proximity to one another and tiff- 0-- 54 lot width,as traditional coTmercial structures "'• - - Larger lots typically allow more room for plantings and are often accented by mature site trees 84 Leesburg Old and Historic District Design Guidelines . •,1 , ,, - 1.-1,-r,-; -,1,4••,•' i - •• - -.: .,,,F, ,:, •,T r/ -.& , •' ''. . ) ' •_,, ,,: , • .., !\ r., "4-f.:'•• ..c.j .t. %, ,I. .,4'.. s, , iitii g,".,,j.. 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I.:4 -.. .,..•••/ '.'• :/ ' l• '•7 / .. ,'„'/.".•/: ., I •,•,.. /-•".•/.'"•-, . —. , ''.!1 1 .'.1,•..'-. 1 ' /,•,-/:. ._.,„,, /,,,s,c,„-/.„-,•,`.-,/ 4,4',..'.,'.."; /' , .*gib ,,•ii 'I k f .. ' - /c/••',-/ .• •:,;/ . !--...,'-',•-?,-,,, jiiVI . , •:'":--f- I i� 1] �1 I Al�� •L'• A'.N.Sk•riz(4.,-, 1 4 e lam? �•'ga �' tl>.7,.. wQ ` ice, �!'V 'Mkt ' �./ �. a,p� `apt. °;�� /t,�.'� �i�t�(j((j s.1 �J lr 1 l r l l,`c :: n ppN yl 4 f a":, l.. i/'.'.-..-. . (\t:3 - 1 Ill: \ , t' . ',— ' W\11\, \,\1,K•:'411-1)4 'I:114:',. - 't-....: * 7;,:r51**:+7_1 % ,f.i ,k11.7.- 14i, , . ,. ., ..,‘ • . : ...„ k..,... it 4. . '' C-lz * ' JA\ " .. \ I 4--- j( ' L (1 '1 1 .. ••i t c ', . Y 1 -�.,_, y f-••tom `t 1 ) ,, •i.,„: .J. c:‘,., - , .••.. , • . • I . t _,_ F'l' .1 . . Attachment 11 Roof Forms VII. GUIDELINES FOR ADDITIONS TO EXISTING BUILDINGS AND NEW CONSTRUCTION t. Roof Form , -, d - '••'" - Roof pitch and configuration plays an rtw "; important role in defining the form of a _ 4 -� building,while the materials of the roof i- �, help to define its character and create . \ -1 ' c `.s fi.l continuity and rhythm in the district d \•� . -,_i= `.. f n order to maintain the rl+ythm and ' _y t balance established by the roof forms of I l•, d i ( '1! existing historic buildings,the design of ' `' _---- new construction should use roof forms ' r'1 ''- 214 . fo. , A consistent with the historic prrcedt ni. _r. , 'Ills -1 4_ L- P I Design the roof form of a new '-L building to be consistent with 7114. i ` the existing structures in that : *ii - •A�•• l'u '., ALL_ neighborhood of the OHD •. • 4; 11"/ F, Ml 2 Relate the roof forms of new 1 „_ y —i buildings to those of neighboring The malorty of Leesburg's traditional -- " - historic buildings in terms of type, commercial buildings have gable or hipped roofs. f•_�1 level of complexity and materials -0. some are hidden behind parapet walls. n II� i'' 1 a Traditional Residential Forms Leesburg's traditionally residen- f �. nal forms typically have gable or hipped roofs. Hipped and •. .., i i) gabled dormers are fairly cam- /:%� mom depending on a building's '�1= •- style,as are cross gables _. ---- �,..,i i - -, b Traditionil Conimernal Forms i • tt� I ( j The traditional commercial , - 7� d ice, building forms in Leesburg 7" rr rr jj ' . =" ; have a wide variety of roof On`` a� forms,from gable forms P idli f� ic-iiRez,li1 it I i (rypieally parallel rn the street) '.r ,'_.,- i 2,,"'i _�• These King Street facades especially on older examples,to -- i c:- I f?•``7 h� display a variety of roof a limited number of Mansard forms including Mansaid, examples,to shed roofs,typi- -- - - ._. gable and shed. cally hidden behind paraper wails Dormers are also fairly ------- • - common on the commercial _�% ,_ gable roof forms _ ,SLIER ' i • _, / 3 In general,the roof pitch Of new e •4 ! ,j / houses should reflect the steeper ji pitch of an older dwelling rather th 0 Tagil! -. _ - than e shallow pitch of newer i e tract houses For re sidentral masses G r larger than historic precedents,ti I' •�S ! ,lh du not try to contain the enre• - % • structure under a single roof Residential roof forms include hipped.side gable,and end gable examples. • Leesburg Old and Niger c District Design Guidelines 97 ....--• ..;:. 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'•I `!:P1.1 r---t--p..4 - ,_., - , 4. ... -. f I .' .',.:1 .10•=111P., --'—'"' , / "I'm( '•I J,,'•''—'—`'-i'''''..7..i t —7 1 'I • 4.kOiami....11 \ •I .kili;1;,1/ • •1 ;'* .# ' ._ “___ 7.1 / _,.., ....,. •,_ /2 41i i• . ,••4; , •,.. • • ,— . '•11,Y..'.• .1 .*: / WM• ./ t:, Ell I A ---•--- . . ) •••• , k - :t 4 • '"/"Rifrit., 4=5)./ id.. .; , • Attachment 10 S. King and Royal St., SE Traditional Residential Forms • : VII. GUIDELINES FOR ADDITIONS TO EXISTING • , • ; ` ""r BUILDINGS AND NEW CONSTRUCTION A. Choosing the Appropriate Building Form for the Site I Traditionally Commercial Forms 2 Traditionally Residential Forms When designing new buildings in the Traditionally designed commercial mull Regardless of intended use,these historic district,the over-ill distinctive buildings generally follow these criteria buildings are designed co reflect district character should be considered, a have a limited setback traditionally residential character as well as the great variety of historic because they are typically constructed b attach to or are very close to building types,styles,and scales on the occasional vacant lot within throughout the OHD as described in adiacent structures a block of existing historic houses Chapter III,B His:oric District Character c have a typical lot width of 25 to Setback,spacing,and general massing of and Neighborhoods 40 feet the new building are the mosr important criteria and should relate to the existing The neighborhood map and descriptions historic structures,including residential in Chapter III are intended to he a tool ? ` " roof and porch forms for guiding property owners and the BAR in determining the prevailing = characteristics of a neighborhood ��,_- f 1,� , -They are not meant to be smalier . y thistoric diuncts wrtlt their Dion ;' !'. 1{ 1: tt ii design guidelines , i^ jilt r, 1^� . , A77- '-r=', l 4rai The design parameters of these new Y wit `buildings will differ depending on the • l • II Y�� : ..i ` Ifollowing torms. i tom'-R"ram. : .+ The traditional commercial buildings downtown, I_--. ,!"t�;� like those shown here along South King Street, "= 't provide rasp ration for the massing and ~' ^_.. detailing of new commercial infill buildings _ _ in similar surroundings �`" -�-._ .. Traditional residential forms line many of Leesburg's streets and historicalli'create a consistent scale and complimentary forms . .__— _ ) setbacks and orientation Earlier structures that were converted from residential to commercial purposes in the .�� : - , mid-to-fate nineteenth century are often - smaller in scale than buldings originally built for commercial purposes These structures, however,do adhere to the same principles of • • limited setback,proximity to one another and a c - lot width,as traditional coTmercial structures . .>. 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A ", ___...---- \ -.t • .-I: ;..'i IF -lir I jh I . '••• . ' i .. _. 1, • ..- • .0,,r. • i . W ' '• . ;. •s 1 1. 1 . . . I ../ai . II Anil.'... ' • I •.• Attachment 11 Roof Forms VII. GUIDELINES FOR ADDITIONS TO EXISTING -4,. BUILDINGS AND NEW CONSTRUCTION yr i ... , ,_ 1. Roof Forth 4 ' ?/)' ,•• 1 'N Roof pitch and configuration plays an important role in defining the form of a '{__ ` builJin i.while the materials of the roof '\ help to define its character and create rt.;:t % continuity and rhythm in rhe district. + • i In order to maintain die rl: tlhm and 1 .. •• _q 1 balance established by the roof forms of .. • y • �� yi�a t_ i' ! �; existing historic buildings,the design of ; \Vim.•`'. _ _ -- - -- - new construction should use roof forms 1t' s l�l consistent with the historic precedent. $'--;--' zr�t y' i Design the roof form of a new 1 h:1 r -- building to be consistent with t the existing structures in that •11 �,..{ k P. 1l l neighborhood of the OHD < <% _ 1 / i 2 Relate the roof forms of new 7 . 1 —1 buildings to chose of neighboring The matorty of Leesburg•s traditional _-- _ .r. ' historic buildings in terms of type, commercial braidings have gable or hipped roofs, -1 tt.m level of complexity and materials some are hidden behind parapet walls. �110 ;,i. '; .t Traditional Residential Forms Leesburg's traditionally residen- jr�:�_ nal forms typically have gable �� or hipped roofs. Hipped and mof,1.� J ;,t gabled dormers are fairly com- . n depending on a building's f f i� %. style,as are cross gables _• jj%r,,.,�;;; b Trnifiuonal Commercial Forms 9 11 r , The traditional commercial ,+ :; - � ��'�'1' � �, � building forma in Leesburg ! .r_I-_ i Pitt .11 ;4 ! - have a wide variety of 1'UOf j `a forms,from gable forms ;,• p (typically parallel to the street) (f 1<'-t �; �q i These King Street facades especially on older examples,to m=s 1 -.a i "-°11 display a variety of root a limited number of Mansard `''".,� -- forms including Mansard, examples,to shed roofs,type - ._. gable and shed. sally hidden behind paraper wails Dormers are also fairly ",......----- , Lommon on the commercial _�� �. + gable roof forms != ' •, to „t a -;� / 3 In genera{,the roof pitch of new 0 .? ` `i houses should reflect the steeper �' pitch of an alder dwelling Lather L--, � • than the shallow push of newer ter. 1111_Mfr tract houses.For resrdrntral mosses L I ' I larger than historic precedents, uE _ dti not try to contain the enrire r :t 1 structure under a single roof Residential roof forms include hipped.side gable.and end gable examples Leesburg Did and Histor c District Design Guidelines 97 t ..„-. ......• ',.r. ,...... ..., ','. ..,..0 ' . .A \ _,,i_.,..-- ..,,seesk -,o," /••• ..... ,.fir,TL.. ..ii. .,,., , ,,, .._ . . . • •rtaw.L...r.e...",•:.t..... ..,.....j .,,;-., j , \T "•`..4%.,.!......,.._..!.2. 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