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HomeMy Public PortalAbout2023_tcmin0613 COUNCIL MEETING June 13, 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 Public Works and Capital Projects Renee LaFollette, Director of Planning and Zoning James David, Director of Plan Review Bill Adman, Director of Utilities Amy Wyks, Deputy Town Attorney Christine Newton, Deputy Director Parks and Recreation Kate Trask, Senior Planning Project Manager Scott Parker, Transportation Engineer Niraja Chandrapu and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Nacy. 3. SALUTE TO THE FLAG was led by Mayor Burk. 4. ROLL CALL a. All Council Members present. S. MINUTES a. Work Session Minutes of May 22. 2023 MOTION 2023-113 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the May 22, 2023, Work 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 b. Regular Session Minutes of May 23, 2023 MOTION 2023-114 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the May 23, 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 1 I Page COUNCIL MEETING June 13, 2023 6. ADOPTING THE MEETING AGENDA MOTION 2023-115 On a motion by Mayor Burk, seconded by Council Member Nacy, the meeting agenda was moved for approval. Mayor Burk requested item 14.a. —TLZM-2021-0006, Hamblet Property Rezoning be moved forward on the agenda to after the Petitioner's section. There was no objection from Council The agenda was amended accordingly 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 7. CERTIFICATES OF RECOGNITION a. None. S. PRESENTATION OF PROCLAMATIONS a. Juneteenth Mayor Burk read the proclamation for Juneteenth and presented the proclamation to The "BURG" Family Reunion Club President Irvin Greene and National Juneteenth Observance Foundation President Steve Williams. Both recipients made a few remarks. b. Master Gardeners Mayor Burk read the proclamation for Master Gardeners. 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS a None. 11. PETITIONERS The Petitioner's Section opened at 7:11 p.m. Debra Gilmore, 105 East Market St. Spoke to Council as the CEO of LAWS Domestic Violence and Sexual Assault Services in support of the resolution initiating amendments to the Zoning Ordinance to define the use, create use standards, and specify zoning districts for Congregate Housing. Tyler Peak, 112 Prosperity Ave. SE Spoke to Council as the Development Manager of LAWS Domestic Violence and Sexual Assault Services in support of the resolution 2 I Page COUNCIL MEETING June 13, 2023 initiating amendments to the Zoning Ordinance to define the use, create use standards, and specify zoning districts for Congregate Housing. The Petitioner's Section closed at 7 17 p m. 14. PUBLIC HEARINGS a. TLZM-2021-0006. Hamblet Property Rezoning The Public Hearing opened at 7:18 p m Mr. Scott Parker presented Council with the rezoning application to amend the Zoning Map to rezone 6.77 acres from R-E, Residential Estate to R-8. Medium-Density Attached Residential to allow 25 attached (townhouse) dwelling units. Mr Parker noted the property is also subject to the Gateway District(Overlay). Council and staff discussed the application Mr. Matt Leslie, Land Use Planner with Walsh, Colucci, Lubeley & Walsh, P C., representing the contract purchaser of the property Can Homes, presented Council with the applicant's rezoning application. Council and staff discussed the application with Mr. Leslie. Public Speakers: Tori Furphy, 822 Bow Lake Place NE. Spoke to Council to support denial of the rezoning application Katie Crandall, 818 Saddleback Place NE. Spoke to Council to support denial of the rezoning application. Elias Fahel, 818 Bow Lake Place NE. Spoke to Council to support denial of the rezoning application. Tim Furphy, 822 Bow Lake Place NE. Spoke to Council to support denial of the rezoning application. John Paul Andrews, 827 Sandpomt Court NE. Spoke to Council to support denial of the rezoning application. Bradley Blinn, 823 Saddleback Place NE. Spoke to Council to support denial of the rezoning application. The public hearing closed at 8:25 p.m. Council discussed the rezonmg application and stated reasons for denying the application. 3 I Page COUNCIL MEETING June 13, 2023 MOTION2023-116 On a motion by Council Member Nacy, seconded by Vice Mayor Steinberg, the following was proposed: I move to deny the proposed ordinance application TLZM-202.1-0006 based on finding that the proposed use is not consistent with the Legacy Leesburg Town Plan nor the regulations of the Town of Leesburg Zoning Ordinance based on the traffic generated by the proposed development in conjunction with the traffic associated with the existing residences and the Harper Park Middle School placing too much ofa burden on and presenting an unacceptable intensification of the use of the existing streets 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 12. APPROVAL OF THE CONSENT AGENDA MOTION 2023-117 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the following consent agenda was proposed a. Special Event Fee Waiver for Loudoun Freedom Center Juneteenth March 2023 RESOLUTION 2023-079 Waiving Special Event Fees for Loudoun Freedom Center Juneteenth March 2023 b. Plaza Street Sidewalk Project—Design Task Order Contract Authorization RESOLUTION 2023-080 Authorize the Town Manager to Execute a Design Task Order Contract for the Plaza Street Sidewalk Project to Rinker Design Associates, PC(RDA)in the amount of $262,631.44 c. Supplemental Appropriation—Airport Runway Pavement Rehabilitation Project RESOLUTION2023-081 Approve a Supplemental Appropriation in the amount of$120,000 for the Airport Runway Rehabilitation Project d. Automated Water Meter Reading System Upgrade and Annual Contract RESOLUTION 2023-082 Approving a Contract for the Upgrade of the Town's Automated Water Meter Reading System and Annual Maintenance to Aclara Technologies in the amount of$314,345, Authorizing a Sole Source Procurement and Authorizing the Town Manager to Execute the Contract 4 I Page COUNCIL MEETING June 13, 2023 e Extending Cable Franchise with Verizon Virginia LLC for a Period of Six Months RESOLUTION2023-083 Extending Cable Franchise with Verizon Virginia LLC through December 27, 2023 f Appointment to the Parks and Recreation Commission—Russ Shaw RESOLUTION2023-084 Appointing Russ Shaw to the Parks and Recreation Commission g. Congregate Housing RESOLUTION 2023-085 Initiating Amendments to the Zoning Ordinance to Define the Use, Create Use Standards, and Specify Zoning Districts for Congregate Housing h. Air Traffic Control Update and Control Tower Project Addition to the Capital Improvements Program RESOLUTION2023-086 Amend the Fiscal Year 2024-2029 Capital Improvements Program to add the Airport Control Tower Project and Appropriate$270,000 for Fiscal Year 2024 from the Unassigned Fund Balance i. 2024 Legislative Program RESOLUTION2023-087 Adoption of the Town of Leesburg's 2024 Virginia General Assembly Legislative Program 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. Downtown Traffic Study and Travel Demand Model Ms. Niraja Chandrapu presented Council with a proposal for an engineering services task order m the amount of$382,123. In fiscal year 2023, Council authorized $250,000 for a Downtown Traffic Study and$125,000 to develop a Travel Demand Model. Council requested staff to come back to discuss how the $250,000 would be utilized for the traffic study. Council and staff discussed the request 5 I Page COUNCIL MEETING June 13, 2023 MOTION 2023-118 On a motion by Council Member Nacy, seconded by Council Member Cimino-Johnson, the following was proposed: RESOLUTION2023-088 Approve an Engineering Services Task Order for the Downtown Traffic Study and Travel Demand Model in the amount of$382,122.90 to WSP USA Environmental and Infrastructure, Inc. 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. Appointment to the Board of Architectural Review Council Member Cummings nominated Mr. Richard Brown to the Board of Architectural Review. There were no other nominations from Council. MOTION2023-119 On a motion by Council Member Cummings, seconded by Council Member Nacy, the following was proposed: ORDINANCE 2023-0-010 Appointing Richard Brown to the Board of Architectural Review 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 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Cimino-Johnson disclosed he met with the applicants for the Hamblet Property. Council Member Cummings disclosed he met with Ms. Debra Gilmore and Mr. Tyler Peak of LAWS to discuss the congregate housing amendment and had a phone conversation with Mr. Matt Leslie to discuss the Hamblet application. 6 I Page COUNCIL MEETING June 13, 2023 Council Member Wilt disclosed he met with the applicant of the Hamblet Property. Council Member Bagdasarian disclosed he met with Mr. Matt Leslie and other Mr. B nan said he representatives of the applicant to discuss the Hamblet Property. a dasa P PP prtY• g participated in a fusion class with staff to see how students put together a town of the future leveraging green technology under the guidance of Planning and Zoning Director James David. Council Member Nacy commented that she was impressed with the Potomac Station residents that came out to support Council's denial of the Hamblet Property rezoning. Vice Mayor Steinberg disclosed he met with Ms Debra Gilmore and Mr. Tyler Peak of LAWS to discuss the rezoning Mr. Steinberg disclosed he met with Mr. Peter Kalaris and Mr. Bruce DeAtley in regard to the Meadowbrook CCF rezoning 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk disclosed she met with Stack and Peterson's representatives to discuss data center heights. Mayor Burk met with Delegate Reid and Mr. Markel on the Town's Legislative agenda. Mayor Burk stated that Del. Reid doesn't represent Leesburg any longer, but that he offered to assist Leesburg during this time until the new representatives are elected. Mayor Burk attended the monthly lunch at the Airport hosted by Projet Aviation. Mayor Burk thanked the Parks and Recreation staff for a wonderful Memorial Day program on the Courthouse lawn. Mayor Burk noted she vacationed in Niagara Falls and remarked on how majestic it is to see and said it was worth anyone taking the time to visit. Mayor Burk was joined by Mr. Steve Williams and Mr. Irvin Greene for the flag-ceremony celebrating Juneteenth. Mayor Burk attended a ribbon cutting at Serenity House which is a refuge for families and victims of addiction Mayor Burk met with Mr. Taylor Chess from the Peterson Company to talk about data centers. Mayor Burk thanked Ms. Tara Belote, Ms. Eileen Boeing, and Ms. Kara Rodriguez on the Town staff for helping her organize the State of the Town address and to Vice Mayor Steinberg for attending. Mayor Burk met with the representatives from LAWS to get an update on the housing proposal they have in Leesburg. Mayor Burk attended a ribbon cutting for the new 26 airport hangars and 11 tie-downs at the Leesburg Executive Airport and thanked Smokehouse Pilots for putting on such a good show. Mayor Burk attended an event at ION that showcased all typed of skaters from beginners to Olympians skating to the Loudoun Symphony and thanked Mr. Luiz Taifas and Ms. Mitra Setayesha for donating tickets. Mayor Burk met with Mr. Peter Kalaris to discuss the zoning for continuous senior care. Mayor Burk thanked the Potomac Station residents and said she was impressed with how they came out to speak to Council on the Hamblet Rezoning. Mayor Burk said she wished more residents would realize the importance of coming to Council Meetings to discuss their concerns. Mayor Burk wished Town Attorney Chris Spera and Rabbi David Greenspoon a happy birthday. 19. TOWN MANAGER COMMENTS a. None. 7 I Page COUNCIL MEETING June 13, 2023 21. ADJOURNMENT On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the meeting was adjourned at 8:49 p.m. 4r774"4C......._-- Kelly Bur ay Town of Leesburg ATTEST: 2:&t. 11001 Clerk of Council 2023_tcmm0613 I I 8 I Page June 13, 2023—Leesburg 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.Ieesburgva.gov or refer to the approved Council meeting minutes. Council meeting videos are retained for three calendar years after a meeting per Library of Virginia Records Retention guidelines.) Mayor Kelly Burk: I would like to call to order tonight's June 13 Town Council meeting If anyone in the room needs hearing assistance, please see the Clerk Council Member Nacy will be giving the invocation Followed by, I will do the salute to the flag Council Member Nacy Council Member Kari Nacy: Thank you Please join me in prayer Heavenly Father, we come to you today asking for your guidance, wisdom, and support as we begin this meeting, help us to engage in meaningful discussion and allow us to grow closer as a group and nurture the bonds of our community Amen Mayor Burk: Thank you Would everyone please stand and join me? All: I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all Mayor Burk: All right, let the record reflect that all Town Council Members are present We have two sets of minutes The working session minutes of May 22nd Do I have a motion to accept them? Vice Mayor Neil Steinberg' So moved Mayor Burk: Vice Mayor Steinberg Council Member Nacy: Second Mayor Burk: Seconded by Council Member Nacy All in favor indicate by saying, "Aye" Members*Aye Mayor Burk: Opposed'?That passes 7-0 Regular session minutes of May 23rd, 2023 Vice Mayor Steinberg: So moved Mayor Burk: Vice Mayor Steinberg Council Member Nacy. Second Mayor Burk. Seconded by Council Member Nacy All in favor? Members: Aye Mayor Burk: Opposed? That passes 7-0 I would like to move to adopt the meeting agenda Do I have a second'? Council Member Nacy• Second Mayor Burk- Second, Council Member Nacy I would also like at this point to ask if we could move 14 a ,the public hearing to after 11 the petitioner section Vice Mayor Steinberg: Second Page 1 JJune 13, 2023 Mayor Burk' Does anybody have any objections to that? All right Then all in favor of adopting the meeting agenda as with the amendment indicate by saying, "Aye" Members. Aye Mayor Burk: Opposed? That passes 7-0 Certificate of recognition We have none tonight, but we do have two proclamations One of them is a proclamation that I will be taking to the Master Gardeners meeting and the other proclamation is for Juneteeth Let me read into the record the proclamation for the Master Gardeners Whereas since 1992, the Virginia Cooperative Extension Loudoun, VCE Loudoun Master Gardeners have educated the public on gardening methods through the demonstration gardens at Ida Lee Park Whereas VCE, the Loudoun Master Gardeners have dedicated and knowledgeable volunteers who look forward to answering any horticultural question from the public Whereas VCE, Loudoun Master Gardeners have proven through agricultural experimentation that organic gardening is possible in Loudoun County Whereas VCE, the Loudoun Master Gardeners, have been recognized within the community improvement award, the John W Tolbert Award, and the Signatures of Loudoun Design Excellence Award for Public Landscapes Whereas VCE, Loudoun Master Gardeners donates between 1 to 2,000 pounds of fresh produce to the Loudoun Hunger Relief annually Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg hereby recognize the VCE, Loudoun Master Gardeners' dedication and continued efforts and applaud the continued success of the demonstration garden at Ida Lee Park I will take that with me when I go to their meeting The next item is the Juneteenth Proclamation This one, I will be going down to the floor to present Whereas President Abraham Lincoln signed the Emancipation Proclamation on January 1st, 1863 declaring the slaves in the Confederate territory free and paving the way for the passing of the 13th Amendment, which formally abolished slavery in the United States of America Whereas news about the signing of the Emancipation Proclamation was delayed some two and a half years to June 19th, 1865 in reaching authorities in the African Americans in the South and Southwest United States Whereas June 19th has a special meaning for the African American community and is called Juneteenth, combining the words June and 19th, and has been celebrated by African American community for over 150 years Whereas the year 2023 marks the 404'h anniversary of the arrival to Jamestown settlement of the first Africans, where they were enslaved marking the beginning of nearly 250 years of slavery in the British colonies and then the new nation which would become the United States Whereas today, Juneteenth celebrates African American freedom and achievements, while encouraging continuous self-development and respect for all cultures, as it takes on a more national symbolic and even global perspective to ensure the events of 1865 are never forgotten Whereas the Leesburg Town Council recognizes the following organization, the BURG Family Reunion, and its president, Irvin Greene, for their efforts to encourage residents to become more aware of the significance of this celebration in the African American history and preserving the memories of the Black descendants, and the National Juneteenth Observance Foundation and its President Steven Williams for his efforts towards the passage of the Juneteenth Independent Day Legislation and for the coordination and organization of the Juneteenth flag-raising event held here June 5th, 2023 Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia hereby declare that Monday, June 19th be observed as Juneteenth in the Town of Leesburg, Virginia We urge all citizens to recognize the importance of remembrance of all the lives lost during the tragic period of slavery Proclaimed this 13th day I would like to ask Mr Greene and Mr Williams to come to the front and let me present these to you [silence] Mayor Burk. Thank you Hello gentlemen [laughs] There's the shirt Why not the BURG?Yay Page 2IJune 13, 2023 Irvin Greene. That's right Mayor Burk: I want to thank you very much for being here today and accepting these proclamations and for what you do It's been really significant and in just the short time that you've been involved in bringing this to our attention, it's really made a big difference We really appreciate the fact that you're so committed to bringing this forward and making sure that we continue to honor and remember Would you like to say a few things about your organizations? Irvin Greene: Sure First, thank you for this proclamation We truly appreciate it I know this is our third annual Juneteenth celebration that we'll be having on Saturday at Ida Lee Park The BURG Family Reunion Club, we not only just do Juneteenth, but there's a lot of things that we do We do things in the community, helping families in need Gosh, I could go on and on and on with some of the things that we do, but we're really excited about this Saturday with the Juneteenth celebration If you are in Town, you want to come out and have a good time, my arms are wide open for any and everyone to come Please come on out and enjoy Come to have a good time at our Juneteenth celebration Mayor Burk: Now, where is it and what time? Irvin Greene: Ida Lee Park Thank you Ida Lee Park, which is right down the street here, and it starts at 12 noon Gates open at 11 15 and it ends at 6 00 PM Mayor Burk. Is there a cost? Irvin Greene: There is a cost [laughter] Irvin Greene: Wow It's $20 to get in and we'll have food vendors, non-food vendors We'll have entertainment, all kinds of stuff, so it'll be a great day and it's family-friendly event Come on out if you're available to Mayor Burk: I can testify that it is truly a great event, so I hope everybody will come out Now Steve, would you like to explain about your organization? Steve Williams: Hi Thank you, everybody I'm Steve Williams I'm a former Leesburg resident, but I live in Sterling I used to have a business in Leesburg [laughter] Steve Williams. You guys got downtown together now, so when I came here, it was rough My mom was the only business on Loudoun Street, so it was tough Anyway, but it is good It's good now I love it Maybe even want to come back I'm the president of the National Juneteenth Observance Foundation They call us America's Official Juneteenth Foundation Most of you might know Opal Lee, the grandmother of Juneteenth That's the media calls her She's been here several times and she'll be probably through here Monday sometime We'll be at the White House grounds during Juneteenth this year It's not as big as we wanted it to be, but it'll be better next year The National Juneteenth Observance Foundation is in the business of bringing attention and observance to the issue of Juneteenth by celebrating everybody's common bond of freedom We all love freedom Everybody wants freedom That's what we concentrate on through certain tenets like education and awareness We're paired with great foundations and organizations like the 400 Years of African-American History, the original Project 1619 with Calvin Pearson He was going to be here this last year This last Monday he had illness He couldn't make it but we paired with great people to bring information and knowledge about American history, not African American history, just American history I'm so thankful for the support that I've always gotten out of the Town of Leesburg since I first, my mom moved back here in 1980 Page 3IJune 13, 2023 something and then I came in about 2000 and I've always loved everybody and everybody I always gotten 100% support, so I really appreciate it and go out and support the BURG Family Reunion Mayor Burk:Absolutely, and here, thank you gentlemen for what you do and we really appreciate it Irvin Greene: All right, thank you Mayor Burk: Thank you [applause] Mayor Burk: All right, we are now at our petitioner's section and one of the first orders of business is to hear from the public All members of the public are welcome to address the Council on any item matter or issue Please identify yourself and if comfortable doing so, please give your address for the taped record Any public speaker will be requested to state their name and spell it for the purpose of closed captioning In the interest of fairness,we 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 and yielding the floor when the bell indicates your time is expired Under the rules of orders adopted by this Council, the time limit applies to all The first name that's signed up on the petitioner is Juan Pablo Sagora Is he here? Okay He's not here yet Debra Gilmore,followed by Taylor Peak, Tyler Peak, sorry Christopher Spera: And Madam Mayor for the record, there were no presentations or regional commission reports We skipped items 9 and 10 Mayor Burk: I skipped it again There are none [laughs] Christopher Spera: Now the record is clear Thank you Mayor Burk: Okay,thank you Yes Debra Gilmore: Good evening, Mayor Burk, Vice Mayor, and Council Members My name is Debra Gilmore, D-E-B-R-A G-I-L-M-O-R-E and I'm the CEO of LAWS Domestic Violence and Sexual Assault Services We are asking you to pass the resolution to initiate amendments to the zoning ordinance that will define and add a congregate housing use LAWS is Loudoun County's designated domestic violence and sexual assault services provider We offer emergency shelter to victims fleeing danger and much more, including legal representation, safety planning, court accompaniment, other advocacy support, a 24/7 hotline response, and therapeutic services to more than 1,100 survivors every year 20% to 25% of these survivors identify as Leesburg residents We also work to stop violence before it starts through our violence prevention initiatives, operate the resourceful women thrift store on Loudoun Street, which engages the community in our work, and our main office sits close to the courthouse in the heart of this Town For many reasons, LAWS needs to provide a new domestic violence shelter for the community's survivors The current shelter is nearly 40 years old This area has experienced exponential growth in population and the recent pandemic increased domestic violence locally and globally The current shelter's three-bedroom, 12-bed capacity isn't enough to meet demand Its remote location takes emergency responders more than 20 minutes to reach, and that location is no longer protected by being"unknown"due to innovations like GPS tracking LAWS has identified potential property in this Town for larger and secure shelter that would empower survivors by living near basic needs,jobs and emergency responders We believe the shelter fits in a congregate housing use, which exists in Loudoun County zoning ordinances but not yet in the towns Congregate housing is an important part of the housing continuum Generally, it allows people who are able to live independently yet need certain supportive services the type of housing that supports that need Page 4IJune 13, 2023 Our emergency shelter is just such a place It is for individuals and their dependent children in the midst of experiencing domestic violence Those individuals have had their independence quashed through dangerous and psychologically damaging dynamics Research suggests that 99% of domestic violence survivors also experience financial abuse These survivors need support to regain power and control over their lives, finances, and decisions to have not only the courage but real support to break free from domestic abuse By building safety, hope, and empowerment together with survivors, we enhance our communities as places where all people can live self-sufficient lives free of violence We urge you to pass the resolution and initiate amendments to the zoning ordinance that will define and add a congregate housing use Thank you Mayor Burk: Thank you Tyler Peak Tyler Peak: Good evening My name is Tyler Peak, T-Y-L-E-R P-E-A-K I'm a resident of the Town as well and I serve as the development manager for LAWS Tonight, I also ask the Council to approve the resolution to initiate amendments to the Town zoning ordinance to define, create, use standards, and specify zoning districts for congregate housing By the simple act of approving this resolution, the Town of Leesburg and Loudoun County will be one step closer to having a domestic violence shelter that truly embodies safety, hope, and empowerment for adult, youth and child survivors of domestic and sexual violence The resolution shows survivors that our local government understands the importance of proximity to public transportation, grocery stores, county resources, such as the courthouse, to where they would be able to walk if they're staying in our shelter or to the workforce development center, to where as they're leaving this household, they're able to enter the workforce and start providing for their child and family More than that, it gives them the opportunity, it makes it a little bit easier to start to live a life free from the violence they were once subjected to On behalf of the LAWS team, I'm super appreciative of the Town staff for all their guidance through the conversations we have and the Council Members we've had the opportunity to meet with thus far for their support and guidance on this process We obviously hope that it results in an approval from the Council tonight Thank you so much Mayor Burk: Thank you, Mr Peak Mr Town Manager, is this on the agenda for tonight? Kaj Dentler. Yes Mayor Burk: Okay Just wanted to make sure I hadn't seen it There is nobody else signed up to speak Is there anybody in the audience that would like to speak on anything other than the Hamblet Property Rezoning that didn't get to sign up that would like to speak at this point? Seeing nobody, I will close the petitioner section, and we will hold our public hearing I will call to order this June 13th, 2023 public hearing on the Leesburg Town Council Unless there is an objection, I will dispense with the reading of the advertisement If you wish to speak, we ask that you either sign up on the sheet in the hallway outside the Council Chamber, but if you did not get the opportunity to sign up, we will give you the opportunity to speak In the interest of fairness, we 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 is expired Under the rules of orders adopted by this Council, the five-minute time limit applies to all citizens However, rather than have numerous citizens present remarks on behalf of the group, the Council will allow a spokesperson for the group a few extra minutes I am allowing six speakers, seven minutes to make their remarks tonight as they are representing a group of residents If there are any other speakers representing the group, we would ask that the speakers, when they sign up, indicate their status as spokesperson,the group they represent, and the request for additional time Page 5jJune 13, 2023 Our procedure for tonight's hearing is as follows First, there is a brief presentation by staff about the item before us Second, there is a brief presentation by applicant, and third, members of the public that have signed up to speak will be called to make their comments The public hearing item on the agenda tonight is for TLZM-2021-0006, Hamblet Property Rezoning 'Yes, sir Scott Parker Madam Mayor, Members of the Council, my name is Scott Parker I am the Project Manager for the Town on this project for this evening This is a rezoning TLZM-2021-006, Hamblet Property rezoning The subject property is indicated by this map as 6 77 acres It's comprised of two parcels They are both zoned R-E, and it is adjacent to a variety of users surrounding, including Potomac Station Residential, where the access to the property is provided off of Bow Lake Place as indicated in this vicinity right here that is not working on my map You also can see that the Stone House, which is an existing feature, it's considered a feature that's not on any register, but it is a resource to be preserved as provided for in our Town Plan There's also adjacent to the Clarion Hotel business area, which is B3, and Harper Park Middle School This request, this evening is to amend the map to rezone the 6 77 acres from R-E residential estate to R-8 medium density attached residential to allow 25 attached townhouse dwelling units This property is also subject to the Gateway District Overlay, architectural control district The zoning map is indicated, shows that this is R-E and it's surrounded by B-3 The green that you see there is the Potomac Station neighborhood as well as Harper Park, and they are all zoned PRC or Planned Residential Commercial zoning category Then the B4 across the street is the Village of Leesburg The Legacy Leesburg Town Plan has a character designation of the property for residential neighborhood In the Town Plan, the residential neighborhood is characterized the residential neighborhood as a single type of unit,which is a single-family detached unit However, the Eastern Gateway District Small Area Plan, which is the more specific guidance for this application, also states that this particular property is called out specifically as being appropriate for single-family attach that is appropriate for the neighborhood and is appropriate and its surroundings It's also designated as an area to enhance the Town Plan which is consistent with the adjacent properties As I stated, this is also part of the Gateway District Overlay plan The entire property is subject to these regulations There is also a noise abatement corridor that's part of Route 7 It's 300 feet from the center line of King Street, Route 15, right here, I'm sorry That's right Should be Route 7, but this does not affect any of the residential units The residential units are arranged as such that the noise abatement corridor and mitigation measures are not required However, the applicant did do a noise study for the property, even though it's not required This is the layout of the proposal It's 25 residential townhouse unit and the incorporation of the Stone House is included as an outdoor amenity feature As indicated by this, all of the units are rear-loaded garages They have two-car garages and two spaces in the driveway for parking The houses to the left of the screen facing Route 7 are facing a storm-water management pond The sticks of townhouses at the bottom, the 10 units, are facing the residential units of Potomac Station, and the units adjacent to Harper Park Middle School are facing an interior courtyard As I stated, they are all internally loaded and rear-loaded access garage townhouses These are some examples of the architecture that is being provided for this This is the front, the rears with the two-car garages, and the sides of the units As I stated, this is in the Gateway District Board of Architectural Review has oversight of these units The BAR reviewed this as a referral on November 16th The BAR for items in the Gateway District review for conceptual issues such as building placement orientation, context, heights, scale, and massing They also addressed items conceptually as referred to before the Stone House, the Stone Harper House as is alternatively known, and the protection thereof as an outdoor amenity only The BAR was generally comfortable with the application, but COA, Certificates of Appropriateness will be required for everything that is built on the site, including anything that is done to the Stone House amenity Page 6IJune 13, 2023 The storm-water management that's included on the site is utilized for both quantity and quality requirements It meets state and local requirements and handles the stormwater runoff for the development The Stone House amenity, which is called out in the Town Plan in the Eastern Gateway Plan for protection as well, is going to be repaired The applicant will probably go over that more with their presentation The outdoor area is going to be amenity area seating trails connecting it, and the exterior will be fixed up and presented to the HOA in a condition that maintenance will probably not be required for a while, but the access to the inside will not be available for a variety of reasons It will be made watertight and airtight and will be a amenity that will be protected on site but for outdoor gathering only There will also be a public easement across this space to allow the public in the Potomac Station neighborhood to access this amenity area if that is the desire With the proffers of this, all of the proffers that we have received have been per guidelines outlined in the various documents that the Town has There's an offsite contribution of 66,779, and then there's fire rescue in the capital facilities contribution per our current standards for contributions for residential units Transportation, there's a traffic technical memorandum as a result of a meeting that was held in December It was indicated by residents, some of which are staring at me from behind right now that I can feel taking a look at me The traffic study was redone as a result of that meeting to have current standards not applicable to Covid and that if the results were the same, there's 25 townhouses will create 12 gross vehicle trips per hour over peak period and a potential for 141 total daily trips There's 149 here, it's 141 and that's total daily trips in and out over the course of a day From a technical perspective, from a technical perspective and from an engineering perspective, there's no appreciable effect on the surrounding roads from this new development The roads can handle it They function at a level of service that is acceptable Bow Lake Place is the only legal access for the property There is no access from Route 7 nor will there be for any reason being that's limited highway access designation, but Bow Lake Place is the legal access for the property for whatever use goes on here of a residential neighborhood as called out into the Town Plan As stated before, offsite transportation contributions have been provided The school impacts the number of students that this information was provided to me by Loudoun County Public Schools for 25 townhouse units You can see here that they estimate 12 total students to be generated by this neighborhood, five elementary, three middle four high school As a result of the 25 units,they have contributed $457,125 for school impacts Affordable dwelling units are not required for this neighborhood 25 is the threshold, but being that the R-E zoning category that currently exists probably equates to two by right units That means that only 23 are accounted for Therefore, the threshold has not been reached and no ADUs are proposed for this development The fiscal impact analysis that this Town did for this shows a negligible impact under any scenario for this As you can see from this, I will go into this in more detail if you were to want me to at the end of the presentation This assumes a by-right development of two homes, as I stated before The proffers have been voluntarily submitted by the applicant They go over things such as the dwelling unit maximum, the stone house amenity details, fire and rescue contributions, school capital facilities, maintenance responsibilities of the HOA et cetera as you would typically find with a development in their proffers From staffs technical aspect of this and their review, we believe that Section 3315 compliance for rezoning criteria has been met with compliance, binding agreements, traffic impacts surrounding uses and adequate public facilities I have provided the recommendations for you should you decide that that is a direction that you wish to go I also have one for denial With that, that sums up my presentation and I will be happy to answer any questions that you might have on this application Thank you Page 7IJune 13, 2023 Mayor Burk: Thank you Mr Parker Is there anyone who has any questions for Mr Parker at this point? Guess you're off the hook Oh, no, you're not off the hook Sorry Council Member Zach Cummings: Sorry Mr Parker, explain to me the no access to the property via Route 7 Is that a Virginia Department of Transportation rule? Is that a Town rule? Scott Parker: Both We go by VDOT and since the addition Route 7 now is designated by VDOT as a limited access highway after the construction so no access to Route 7 is allowed, proposed, or can happen for this property Okay Council Member Cummings: Okay Would the applicant, not to speak for them, but would they not be allowed under these same guidelines to negotiate with the owner of the Clarion Hotel to gain access to the property via the hotel? Scott Parker: They could enter into that, but and I know that the 120 eyes behind me probably won't agree with this, but you would be entering a commercial property to get to a residential property in that respect, as opposed from residential to residential That would also require a rezoning to a B district and the Town Plan states that this is only appropriate for residential development Council Member Cummings. Okay Thanks Mayor Burk: Council Member- is that Mr Wilt, that's yours to sign? Council Member Patrick Wilt:Yes Mayor Burk: Mr Wilt Council Member Wilt' Okay Scott on page 17, I wanted to get a little more clarity on the no appreciable effect on surrounding roads from the new development It occurs to me in a residential neighborhood of this character, there's about 12 dwelling units per block 25 units would be two additional blocks worth of similar dwelling units, which then give you additional cross streets, which then accept and disperse some of the traffic load Scott Parker: Yes sir Council Member Wilt. In this case, the technical depth, you're saying no appreciable effect What does that mean? Scott Parker: That means that the number of trips that's generated by this development won't create congestion, will not create a level of service problems at the intersections, and will not create a dangerous situation based solely on the number of trips that's coming out Will they be additive in nature to what is existing in the neighborhood?Yes, sir They will be, but when there's no appreciable effect That is from a technical standpoint, not an impact of the additive nature of it Council Member Wilt. Okay There will be increased density of traffic, but in terms of the width of the roadways, the conditional road, it won't break an intersection or overwhelm a roadway? Scott Parker. That is correct Council Member Wilt: Technically Scott Parker: Technically Council Member Wilt: Okay Thanks, Scott Mayor Burk. Council Member Nacy7 Page 8IJune 13, 2023 Council Member Nacy: Thank you I'm curious at what point in the process would, if any, fire and rescue, the Fire Marshal, for instance, have a say in how easily they would be able to access this property if there were a fire, an emergency, given that it's a cul -de-sac, there's one way in, one way out Do they get a say in this? Scott Parker: Yes, they have already reviewed this They reviewed-- we send all of our referrals for development applications to fire rescue, as well as the Fire Marshal's office They look at conceptual issues such as fire hydrant coverage access, et cetera They did not have a problem with this application in its form or layout Council Member Nacy: Okay Thank you Scott Parker: That has happened now Further down the road, they will have a say as far as a further review as it goes through, if it were to get that far to a site plan or building, but as far as conceptually about whether it's doable from a fire rescue standard, they have already reviewed this Council Member Nacy. Okay, because I would just be concerned about the size of the streets and being able to get an ambulance or a fire truck to the corner of the property that might be furthest away from the fire hydrant, that sort of thing Scott Parker: What they do, and I'm just maybe going in the weeds just a little bit here, and I apologize, but when we look at it, they look at turning radiuses for the fire trucks, they'll look at hydrant locations, they'll look at the availability to get around the units in order to fight based on height They do a pretty thorough look at that If the Fire Marshal had issues with this, it would not have come this far Council Member Nacy• Okay Thank you Mayor Burk: Council Member Bagdasanan? Council Member Ara Bagdasarian: Just for context, thank you, Mr Parker Was this part of the original Potomac Station property? Scott Parker: This was not part of the original Potomac Station property, and it has remained in private hands It has a history on it, but it has never been part of Potomac Station As it stands right now, they are not proposing to be a part of Potomac Station or their HOA It's going to be an independent HOA at this point sustaining its own community Council Member Bagdasarian: Obviously there was some sort of vision or anticipation for some redevelopment in that location based on the roughed-in driveway in the cul-de-sac What was the original vision or anticipated use for that property? Scott Parker: Residential As I stated before, in the Town Plan, there is the general residential neighborhood designation on it, and that does state only one unit type, which is single-family detached but the Eastern Gateway Small Area District plan, the Eastern Gateway plan, which gives more specific guidance and specifically calls out this property, says that it can be single-family attached or detached compatible with the surrounding neighborhoods, which obviously is a subjective term, and as well as the protection of the Stone House amenity It specifically refers to the property at the end of Bow Lake Place Council Member Bagdasarian: I know we've discussed this, but there are no alternate options for a second entry point to this property Obviously, we talked about Route 7 Is there a possibility near the school? Scott Parker: This is their legal access that could be looked into, but the chances, knowing what the programmed elements are of the school, the chances of the provision of that are slim to none, I would say, because of the schools wanting to provide access through an institutional use and then the Town would also have an issue with the provision of access through a commercial property Page 9IJune 13, 2023 Council Member Badgasarian: Thank you Mayor Burk: Council Member Cimino-Johnson Council Member Todd Cimino-Johnson. Thank you, Scott, for your presentation Are there any instances in Leesburg where we only have one entrance and exit like we have on this'? Scott Parker. There are instances of that What I will say is that this is a rarity to have single-family attached units accessed at the end of an extremely long block of solely single-family detached units We have not been able to identify that typical scenario in the Town It's not illegal but it is definitely unique and the access point of Bow Lake Place being an existing access point provision for it as called out in the plan and being the legal frontage limits that option, especially being that it is called out for residential development in the plans Council Member Cimino-Johnson: Okay, thank you Scott Parker: Yes, sir Mayor Burk: Vice Mayor Vice Mayor Steinberg: Thank you Actually, I have no questions just a comment at this time I wouldn't want the room to take my lack of questions as a lack of interest This is now the third time I have seen this application and sat through these proposals I have a fairly decent grasp of the details of the project Regardless of the decision this evening I wouldn't want anyone to mistake what decisions we make, whatever they may be as a condemnation of the staff because they have done a lot of hard work They do what they do and oftentimes their decisions are made based on certain factors as as ours Thank you Mayor Burk• Thank you, Mr Parker Appreciate the information Does the applicant have a presentation? [pause] Matt Leslie: Checking that this is on Good Great Okay Good evening, Mayor Burk, Council Members, thank you for the opportunity to present before you this evening My name is Matt Leslie I'm a Land Use Planner with the law firm Walsh Colucci here tonight representing Carr Holmes who is the contract purchaser of the Hamblet Property and applicant for the rezoning application before you tonight I want to thank staff for working with us on this project Over the past almost year and a half, we have worked hard to resolve all outstanding technical issues and stand before you tonight with staff support for approval of this application by the Town Council This project is something we are very excited to see move forward with the hope that this project can assist the Town in addressing the need for additional housing while serving as an opportunity to preserve the Stone Harper House and enhance the Hamblet property overall Throughout the application process, we've worked with Town staff to ensure that this project provided a cohesive vision that met the design guidelines of the Gateway District Overlay while providing compliance with the policies and goals of the Eastern Gateway District Small Area Plan, and most importantly the newly adopted Legacy Leesburg Comprehensive Plan As a bit of background, the subject property is a 6 44-acre site outlined in green and is bordered to the south by Route 7, to the north by Harper Park Middle School, to the west by the Clarion Hotel, and to the east by Bow Lake Place, Potomac Station HOA protected open space as well as the single-family detached homes from that community The property is currently zoned to the R-E residential estate zoning district The property is also within the Gateway District Overlay, and as such development on the site will require a Certificate of Appropriateness from the Board of Architectural Review Under the recently adopted Legacy Page 10IJune 13, 2023 Leesburg Town Plan, the property is designated as an area to enhance and is also within and subject to the policies and guidance of the Eastern Gateway District's Small Area Plan The current re-zoning district designation was never intended to be the zoning that the property was developed under but rather used as a holding zoning designation until urban services became available and or completion of Town land use and zoning studies led to other recommended zoning classifications following annexation decades ago Urban services are certainly readily available In addition to guidance on preserving the Stone Harper House, the Eastern Gateway District Small Area Plan, which was fully incorporated into the Legacy Leesburg Town Plan overall, specifically calls out this property as appropriate for single-family detached and/or attached housing that is compatible with the character of the adjoining residential neighborhood We looked at compatibility from multiple angles and tried to consider not only density and design but development pattern and overall fit In terms of development pattern, the images on the right of the screen with the top image being directly from the small area plan itself shows just how compatible the proposed development pattern is with the existing community Given the guidance of Legacy Leesburg and the Eastern Gateway Small Area Plan, the applicant proposes to re-zone the property to the R-8 zoning district While the proposed density is well below the density allowed in R-8, the R-8 district was necessary in order to allow for single-family attached units as unit type I will also highlight that the proposal before you tonight includes zero zoning modifications As a part of the rezoning proposal, we have committed via our proffer statement, to limiting development to a maximum of 25 townhomes with a max height for those homes of 35ft for all units We have also committed to providing two-car garages for [inaudible] car driveways for every home, and four-sided architecture throughout the development utilizing high-quality materials such as brick, masonry, and cementitious siding At a max of 25 townhomes, the maximum density proposed would be 3 89 units per acre,which is similar to the existing density of Potomac Station The applicant also proposes to enhance and amenitize the area around the Stone House As a part of the proffer commitments made with this application, the applicant will provide a public access easement over the entire Stone House amenity area so that not only can future residents enjoy this enhanced area, but nearby residents of Potomac Station can walk to and enjoy this area as well This slide provides a visual for the proffer landscape and buffering To provide some scale, the fronts of units 1 through 5 and 6 through 10 are over 60ft away from the property line at the bottom of the screen, and landscaping shown along that border is over 40ft wide We are providing a 25-foot wide landscape buffer between the property and the middle school, a 50- foot wide landscape buffer between the property and the Clarion Hotel, and a 75-foot wide landscaped buffer between Route 7 and the stormwater pond, which does include tree-save area With the exception of the existing corner house on Bow Lake Place, which has no windows facing the property, the other Potomac Station homes that back up to the property are further shielded by the existing 70-foot wide HOA-protected open space that is in between those lots and the Hamblet Property, and that area is heavily vegetated An important part of this development is the opportunity to preserve and enhance the Stone House and the area around it While there's a lot of local lore about the Stone Harper House, I do want to clarify that additional valuations have been done by the applicant and reviewed by the Town that confirm the Stone House is not eligible for listing in any historic register, and that the house is not associated with significant specific events or broad themes of local, state or national history That being said, we understand that there are at least some members of the community who have a connection to the house and that it carries, at the very least, some amount of sentimental value if nothing else With that in mind, we are proposing to preserve the Stone House in a way that makes it structurally sound and watertight A pergola and picnic tables will provide an area for family gatherings, an interpretive signage along the trail areas around the amenity will allow an opportunity to tell the history of this area in a meaningful way Page 111June 13, 2023 As shown, we have committed to providing four-sided architecture utilizing high-quality materials that will complement the existing Potomac Station community Its hard to see in a two-dimensional drawing, but the varying setbacks of each unit in concert with other architectural design elements will help to break up the visual plane and prevent the appearance of a monotonous solid wall The materials chosen elevate the appearance of this entire development with a cohesive and inviting design As I mentioned earlier, the Eastern Gateway District Small Area Plan specifically calls out the Hamblet Property as appropriate for single-family detached and or attached housing that is compatible with the character of the adjoining residential neighborhood We took that guidance to heart and incorporated it throughout the proposed development We are proposing a density that is in line with that of the single-family detached areas of Potomac Station and well below almost half that of the nearest cluster of single-family attached homes within Potomac Station We are proposing single-family homes, single-family attached homes of similar scale design and materials to those existing As proposed, the community will provide an appropriate transition between the nearby single-family detached homes and the existing and future potential institutional and commercial uses adjacent to the property I did want to take a moment to address the concerns of the community We are aware of the online petition that was circulated and sent to the Town in regards to our application Want to acknowledge these concerns We actually met with the residents of Potomac Station in December of last year and heard quite a few of the same concerns Immediately in response to that meeting, we spent both time and money to completely overhaul and update our transportation study While the results of the updated study were similar to the previous one, we felt it was important in a show of good faith to use the latest data and traffic to ensure an accurate representation of the situation on the ground The study notes that the proposed development will result in 141 daily trips, which on its face certainly sounds like a lot of trips This perception of whether this will be a significant impact starts to come into focus when compared to the trips that are generated by the closest 92 single-family detached homes, which currently result in 935 daily trips To really quickly touch on some of the other concerns, the amount of parking provided at over 4 5 spaces per unit makes overflow parking unlikely Additionally, while we have not had any discussions to date about this topic, we are certainly open to discussions regarding annexation into the Potomac Station HOA This slide provides a visual of the area we are discussing with the single-family detached homes Just noting that the 92 homes results in more trips in the AM and PM peak hours at 151 trips than are expected to be generated over an entire day from the proposed development Additionally, all intersections continue to operate in an acceptable level of service Finally,we did want to address and bring to light an opportunity to address the community's concerns as it relates to traffic from Harper Park Middle School While the proposed development is within the walk zone for both schools, we understand the traffic for Harper Park Middle School is impacting the existing community Significant relief could be achieved with rather minor adjustments in the flow of traffic Additionally, this issue is not related directly to our zoning and should not be held against us That being said, the over$66,000 in off-site transportation dollars being contributed by this application does present an opportunity to have this application be a part of the solution to this issue We appreciate that any change raises questions of the unknown and can be difficult to process The Town of Leesburg has had two widely participated in public processes that resulted in this same clear policy directive, which is that this property should be developed and it should be developed with more than just two large manor homes The proposed development is in direct response to these and several other Town policies that identified a desire by the Town for residential development on this property as well as the preservation of the Stone Harper House We believe that the proposal before you tonight aligns with these policies in a manner that enhances the property while being respectful and mindful of the existing community we seek to join That being said, we are certainly open to having this application forwarded to a future business meeting should the Town Council desire to continue to work with us on this application Mayor Burk, Members of the Page 12IJune 13, 2023 Town Council, we thank you for the opportunity to present before you this evening and we are available to answer any questions that you may have Thank you Mayor Burk: Thank you Appreciate the information Is there anyone at this point that has a question? I do I'm not sure what slide it is On this slide that you presented up on the screen Matt Leslie: I think it's slide 10 Mayor Burk: It was about traffic How many acres is the townhouse development? Matt Leslie: 6 44 Mayor Burk: 6 point? Mall Leslie. 44 About six and a half Mayor Burk:About six acres How much is the yellow area? Matt Leslie: I don't know for sure Mayor Burk. Looking at it, is it similar in size? Matt Leslie: Yes, [crosstalk] [unintelligible] maybe 24, maybe 30, somewhere in there, 24, 30 Mayor Burk. Is it similar in size to the townhouse? Matt Leslie: Oh, certainly not No Mayor Burk: By comparing the amount of traffic that where it would go in this particular development as opposed to in this townhouse development, you can see that they have more area that you are adding additional traffic onto While theirs is spread out, yours is very condensed, and we'll add traffic directly onto where their regular roads are at this point Matt Leslie: Respectfully, the densities are actually almost identical That area is 3 32 units to the acre, we're 3 89 It's 92 homes versus 25 homes Slightly larger area versus a smaller area The density in terms of unit per acre is very, very close Mayor Burk:All right Ms Nacy Council Member Nacy. Thank you How far from the edge of Route 7 to the first set of townhomes? I know the stormwater management pond is in between, but how far of a distance is that between the edge of the property, which is, that's right to Market Street and the townhomes? Matt Leslie: Something that would tell me that [pause] From the edge of the property line to the front of the townhomes is 261 feet On the near side of the internal road, you can see there's a dotted line going through the interior of the stormwater pond there, that line is 300 feet from the center line of the westbound lanes for Route 7 Council Member Nacy: Thank you The reason I ask is because there are sound panels that are right there at the very end of that cul-de-sac to help block those homes from the very noisy Route 7 Market Street I'm just curious if these townhomes would be, as they're in the selling process, be notified that they were that close to a road I just foresee lots of noise complaints down the road about-- and eventually some kind of wall being put up to block that if it's not already planned now I can't imagine the amount of distance between 7 and the stormwater pond and the townhouses would help the noise Matt Leslie: As Mr Parker alluded to, while we weren't required to do a noise study, we did complete one That noise study measured the sound during peak rush hour traffic times at various points on the Page 13IJune 13, 2023 project That noise study showed that the sound on the property today was within the Town's noise ordinance limits for outdoor noise in terms of what you would consider acceptable for residential homes We are maintaining a tree-save area on the south side of the Stone Harper House there They obviously have that 75-foot-wide buffered yard there, but our noise studies show that there wasn't any noise mitigation that would be required That being said, we are actually proffering to go above and beyond and have proffered to a higher-rated window and door What do you call it? Better doors and windows That will help mitigate that sound even more, even though we're not approaching a threshold that would be considered obnoxious Council Member Nacy: I appreciate that you're doing extra buffering landscaping-wise, but whatever's going to be removed there and then replanted is going to take years to grow There's going to be a period of time where the noise is a lot worse You know what I mean? Before all of that landscaping, you're not going to plant full-grown trees, right? Matt Leslie. Yes, the noise study takes that into account It doesn't assume that there is a 25-year- old, 75-foot-wide buffer there It measures all those things at various points in time Much like the traffic study has adjustments over time, the noise study does as well Council Member Nacy: Okay,thank you Mayor Burk. Council Member Wilt Council Member Wilt: Thank you First, I wanted to comment, looking at the elevations, it's actually very attractive aesthetic, so compliments on that. The one question I did want to inquire about was attached housing, in my view, whether it's townhouses or condos or apartments even, the primary benefit of that mine is density That's very valuable, actually a characteristic in the right location When I look in this general area, I look at Potomac Station, I think on Belmont Terrace, there are townhouses currently Potomac Station Marketplace has attached housing The location of each of those is the ingress and egress is directly on to a main thoroughfare They don't pass through any other development for any traffic issues Directly onto a thoroughfare I'm curious about the choice of this location Why is this? It does seem to deviate from what seems to be the normal location selection for attached housing, so why is this the right location? Matt Leslie. Respectfully, it's the right location because the Town's plans and policies, and guidance suggest that this is the right location The Eastern Gateway District Small Area Plan specifically says, "Put homes here Specifically put single-family detached or attached housing that's compatible with the Potomac Station neighborhood Put them here"There's a curb cut that exists on Bow Lake Place today that has always been the intended ingress-egress point for this property, so this application is in response to those policies Council Member Wilt. Thank you Mayor Burk' Mr Cummings Council Member Cummings: Thank you Do we know what the average cost of the townhomes will be? Matt Leslie: It'll be determined by market Council Member Cummings: Okay Are there any affordable dwelling units offered in this application? Matt Leslie: There are not No Council Member Cummings: Thanks Page 14IJune 13, 2023 Mayor Burk: I have two additional questions The stormwater pond, this might be for Mr Parker The stormwater pond will be right next to Route 7 Does it come under the state's hazardous pond regulations that the Exeter Pond has to honor? Scott Parker. I'm sorry, ma'am I don't know if I understand the question Is the-- Mayor Burk: Well, maybe Bill would be better to answer that Scott Parker: I present to you, Mr Ackman, who understands the question Bill Ackman: It would not qualify as a dam under the state's DCR Dam requirements It's just not quite big enough for that Mayor Burk: Okay Thank you I appreciate that information Thank you, Mr Leslie, I appreciate you coming forward Now we have our public hearing speakers, and the first speaker for today is Tori Murphy'? Furphy? Tori Furphy: Good evening, everyone My name is Ton Furphy I live at 822 Bow Lake Place, only four houses in from the Hamblet property line I, along with my neighbors, the concerned residents of the Potomac Station neighborhood, am here tonight to share concerns about the development of the Hamblet property connected to Potomac Station Over the last year, my neighbors and I have been doing hours of research, meeting regularly, advocating within our community, and meeting personally with several of you to show you our neighborhood It's nice to see you all again and we appreciate the time that you took out of your schedules to come meet with us and hear our concerns and see the location of the proposed development Before I begin, I would like anyone here in the gallery to stand if they're joining us in opposition of this development We are lucky to have so many concerned Homeowners and Potomac Station come out to help us challenge this development However, know that this is just the tip of the iceberg We have collected over 400 signatures of Potomac Station homeowners on our petition opposing this rezoning development off of Bow Lake Place Additionally, the Planning Commission meeting in April, we had a strong showing with a packed house of neighbors in attendance It was standing room only with what I estimate to be around 60 or more people in attendance Neighbors, please be seated Thank you As you all know on the Town Council, the Planning Commission voted for denial of the rezoning request for the Hamblet property with a 4-2-1 vote They voted this way for many reasons, and we are here to outline those for you tonight The Planning Commission's lists of reasons for denial were as followed, and this list has been provided to you by the Clerk in hard copy for your reference Number one, the health and welfare of existing residents In this regard is safety during construction and beyond traffic, noise, and parking issues Number two, the interest of the Town This is an overstuffed parcel by size There is no increase in amenities It is not adding to the Town character, and there are concerns regarding green space preservation Number three, concerns for new residents in the proposed development It is not walkable to anything in Leesburg The HOA provisions will be insufficient There is lack of adequate green space for the number of residents There will be noise issues and insufficient parking Tonight's speakers will touch on each of these items We have provided on that same document and hard copy, an outline of our comments to make it easy to reference our concerns during your discussion and voting period For those of you that came out to visit with us in the neighborhood, you are aware that Bow Lake Place doesn't see much, if any,through traffic on a daily basis While we are standing there on the street with you all,we barely saw any cars drive by in that timeframe The only cars that drive along our street and neighboring Saddleback Place belong to the homeowners that live on those streets There's nothing that my neighbors and I care more about in this world than the safety of our loved ones We want our children to have the freedom to play in their front yard with peace of mind We all purposely chose this street for our homes in a quiet, low-traffic area of Potomac Station We were all well aware of the vacant lot at the end of our street when we moved in, but we did our research before Page 15IJune 13, 2023 making our purchasing decision We knew that the lot was zoned for Just two single-family estate homes That was the only threat of new houses and increased traffic down our quiet street To be clear, our neighborhood would be completely content with two single-family homes being built on the Hamblet property as it is currently zoned Neighbors, please raise your hand if you agree with me on this We welcome those new residents in and include them in our community, despite them not even being a part of our HOA Never did any of us dream that a developer would plan to put 25 townhouses on that tiny plot of land at the end of a very quiet cul-de-sac Tonight you'll hear from five of my neighbors about the traffic, noise, safety, and generational impact of this proposed townhouse development on our street I implore you all to listen carefully to our concerns, to the concerns of the people that you represent here in Leesburg The Planning Commission recommended denial of this rezoning for many reasons We are now asking you to vote against this rezoning and townhouse development and help us keep Potomac Station and our little corner of Leesburg protected against the disproportionately negative impact of a development on a tiny six acre plot of land Thank you As our next speaker I'd like to call it Katie Crandall to share her thoughts Mayor Burk•Actually, I'll be calling up the speakers Tori Furphy• Oh I'm sorry, Mayor Burk I'm sorry [laughter] Mayor Burk. Katie Crandall will be coming up to speak, followed by all Elias Fahel Katie Crandall: Good evening My name is Katie Crandall and I live at 818 Saddleback Place I'm here to talk to you tonight about our concerns with traffic The proposed development will add 180 additional car trips down our quiet street every single day To say that I'm scared about the influx of traffic and risk of excessive speed is an understatement Our quiet corner of Potomac Station with no through traffic will now become the only entry and exit point for homeowners, renters, visitors, delivery trucks and service vehicles for a new development and one that isn't even part of our HOA Couple this with existing traffic problems on Saddleback, Bow Lake Place, and Bonnie Ridge Drive as the designated entrance for staff of Harper Park Middle School and the designated exit point for parents dropping their children at school each morning We clearly already have a huge issue with safety on our roads Despite this new development exacerbating it We have sent you a time lapsed video that shows the traffic on a typical school morning between the hours of 8 05 and 8 40 AM This video shows at a span of 35 minutes over 250 cars pass through this two-way stop intersection We have seen many car accidents at this intersection We have seen animals hit and killed, and we have seen children almost hit had there not been vigilant adult intervention I think it's plain to see our concern here is our children's walk to school through this intersection every day Adding a townhouse development at the end of the street will aggravate the safety concern by dumping additional traffic on an existing problem area Through our individual meetings with the Planning Commissioners this year, we have been told that the proper channel to address this issue is with the Leesburg Residential Traffic Commission, also known as RTC, not the school and the police as we have previously thought I have personally attended the monthly RTC meetings in both May and June in hopes of getting this safety issue addressed I have also connected with the current Harper Park principal once again to make sure all parties are fully aware of the safety concern arising from using this emergency exit in this manner Unfortunately, as of today, there is still no change or clear path forward to resolving this existing traffic issue As I have been told very clearly by the RTC, this process does take time and I may not get the results I'm hoping for While we recognize that this traffic problem is not a concern of the developers, and Matt Leslie alluded this to us in a previous meeting that it was not their problem, it is a huge concern for our Page 16IJune 13, 2023 neighborhood In addition to these traffic problems that will arise when the neighborhood is fully built, we are extremely concerned about all the construction traffic that will go through our streets As the only entrance and egress this land, every single tree that is removed, every bulldozer, dump truck, crane, cement truck, you name it, that comes through, every ounce of dirt removed for grading, every single material needed to erect these townhouses will go through our streets for what could be years Our quality of life and safety of our children will be terribly impacted Living in a construction zone for five years, for potentially five years will impact our children being able to walk to school safely Our roads will inevitably be damaged and need to be fixed by the Town There is potential for damage to cars on the streets or property of our homeowners as a result of massive trucks coming through our neighborhood With the only entrance and exit of the construction site being right at the end of our cul- de-sac This is a huge issue to the health and welfare of existing residents Thank you for your time Mayor Burk: Thank you Elias Fahel, followed by Tim Furphy Elias Fahel: Hi My name is Elias Fahel, and I live on the cul-de-sac at 832 Bow Lake Place Our single family home is adjacent to the Hamblet property I'm here to present to you all about the negative impact to the health and welfare of existing residents in the area of noise pollution We have an existing problem with noise from Route 7, and this problem will be exacerbated if this de development is allowed to proceed As an acknowledgement of the noise problem, the Town erected a sound wall many, many years ago to mitigate the highway noise directed at Potomac Station homes that are adjacent to Route 7, but the wall ends at the border to the Hamblet property A tree line currently picks up where the wall ends and continues through the Hamblet property towards the Clarion Hotel on the other side With the proposed development you have before you, the tree line acting as a noise buffer is going to be reduced and open up a direct line of noise from Route 7 to our homes on Bow Lake, as well as the proposed 25 townhomes This poses a very negative impact to our residential community and our quality of life Not to mention making these townhouses undesirable to buyers who are looking for a similar quality of life I've lived with this noise problem for almost 20 years The amount this traffic noise has increased year after year in those 20 years is astounding and never would've predicted that the home I was buying would be this impacted by what has now turned into a very busy highway The builder has not put forward any plan for extending the existing sound wall that dead ends at the Hamblet property boundary There are no plans for berms to act as a sound barrier There's no plan to retrofit our windows due to the additional noise from Route 7 introduced by this development Opening up that tree line without a solid wall is a very painful step backwards for us homeowners I want to give you an idea of the intensity of the sound we hear in the cul-de-sac The dBA scale is used to measure sound level as the human ear experiences it A whisper is around 30 dBA and a vacuum cleaner is around 70 dBA a passing truck or motorcycle is way up here at around 90 dBA It's very common to measure 55 dBA in the cul-de-sac outside of the rush hour During rush hour, morning and afternoon traffic, 65 to 75 dBA is very common Route 7 never goes away It doesn't sleep at night like we do There's always traffic there and there are always varying intensity levels of noise This is where we live This is where we like to come home from work and relax I think it is reasonable to expect some quietness in our suburban neighborhoods and homes We chose to live in the suburbs for this reason We didn't choose a city Is it unreasonable to expect to walk around our neighborhood in quietness, to sit down on our decks and have a barbecue outside in quietness, to open our windows on nice spring and summer evenings without being bombarded by noise from Route 7? This is a problem we face now on Bow Lake Place, which will be made worse by allowing this development to proceed Please, do not exacerbate an existing noise problem by allowing this development to proceed We're here to argue against this development Thank you Mayor Burk: Thank you,Tim Furphy,followed by John Paul Andrews Tim Furphy: Good evening My name is Tim Furphy I live in Potomac Station at 822 Bow Lake Place Tonight I want to highlight several facts and raise a few questions Fact, in December, our Page 17lJune 13, 2023 HOA hosted a meeting whereby Hamblet property representative Matt Leslie, spoke in front of concerned Potomac Station homeowners and Town officials A question was posed him asking why they wanted to rezone the property His answer, "To maximize the landowner's retirement plan" This was their 401k plan While one family and one developer seek to maximize their profits, there are 50 families directly and negatively impacted by this proposed development on a daily basis for decades to come Additionally, over 400 Potomac station residents have signed a petition against this proposed development Are we prioritizing profits of one family over the needs and concerns of current Town residents? Fact,this proposed development is for brand new townhouses We understand the Town's desire for high density development, but these townhouses are not walkable to downtown Leesburg They are not adding to the culture of city life Residents will be automobile dependent, thus only adding more traffic to our roads Fact, the proposed development is for 25 townhouses I suggest to you this was on purpose because the developer can avoid the ordinance requirement for affordable dwelling units I understand the Town Council is concerned about affordable housing, but this does not address that issue From a letter between Carr Homes and Scott Parker, Carr Homes states, "The townhouses are anticipated to be higher end of price points for these types of units" It continues "The homes provided here do not appreciably provide for a range of housing options" Fact The letter between Carr Homes and Scott Parker also states, "The Harper House amenity area, which will be a significant feature of this application, will be available for use by the adjoining community and is a significant part of this application" In this letter there's a table entitled Summary of Legacy Leesburg Criteria of measuring Positive Growth and Change This table has 11 criteria listed Five of the criteria reference the Harper House This should raise your eyes Why? This structure is not eligible for listing in the National Register of Historic Places This house has been boarded up for over 20 years and will continue to remain boarded up It's non-accessible and most likely prone to vandalism This house is not being brought back to life yet This is considered a significant feature of the application They even say, "The Harper House on this site will be preserved as an amenity" You can't even go inside It's a no more of an amenity than the shed in my neighbor's backyard While the Town promotes the use of parks, this gathering area in front of the stone house is the size of my front yard How enjoyable will the gathering area be when it's located right next to Route 7? Let's read between the lines here Carr Homes is trying to leverage this building and open space as a major benefit to the entire community, including Potomac Station, when in reality it doesn't benefit anyone Fact During the Planning Commission hearing in April, the applicant presented traffic calculations that after some fairly simple due diligence proved to be inaccurate and misrepresented the table sent to you ahead of this hearing shows some of the traffic data presented by the applicant and more accurate database on Current Institute of Transportation engineer's rates To summarize the data in the table briefly, traffic through the existing cul-de-sac on Bow Lake Place would increase by 743% with the proposed development compared to an increase of only 168% with the development of two by right single family detached homes for which the land is currently zoned This seems like a much more reasonable option Fact The proposed development will not have a significant impact on Town revenue when compared to the current zoning for two single family homes It was revealed during the Planning Commission meeting that the proposed rezoning will only generate an additional $9,246 in Town revenue, per the Leesburgva gov website In March, 2022, the Leesburg Town Council adopted the fiscal year 2023 budget totaling $153 million That's about $9,200 towards a $153 million budget The fiscal impact associated with this rezoning application is absolutely immaterial and inconsequential In summary, and to recap, I hope the profits of one family and one developer do not override the concerns and lives of 50 homeowners and over 400 residents who have signed our petition The city seeks high density development, but this development is not located within downtown Leesburg Nobody is walking Everyone is driving These will be expensive townhomes and will not support the Town's goal of affordable housing The application promotes a stone building that you can't access and an open space with no sound barrier from Route 7 This new development channels right through an existing neighborhood directly contradicting the Leesburg Legacy Town Plan There is no significant fiscal impact to the Town of Leesburg with this rezoning My goal was to factually present Page 18IJune 13, 2023 information to you tonight I reasonably believe the drawbacks outweigh the benefits, and I hope you draw the same conclusions I ask that you reject this rezoning application Thank you Mayor Burk. Thank you, Mr Furphy John Paul Andrews, followed by Bradley Blin John Paul Andrews: Good evening, Madam Mayor, Members of the Council For the record, my name is John Paul Andrews I am a resident at Potomac Station I reside at 827 Sandpoint Court I'm here to speak briefly, not only as a concerned resident, but also as a professional in the development industry I currently work as a Director of Real Estate Development for Costco Wholesale I've been in the business for 20 years Over those 20 years, I have been a part of a lot of applications, a lot of contentious applications, and in most cases, in fact, I've been before the City of Leesburg before for an application In that case, I was the applicant and I was dealing with the concerned residents I found that over these years there's very few contentious applications that you can't find a common solution This, in my opinion, is one of those rare cases where I just don't see the common solution When you look at the overall design of Potomac Station today for such a large development and a diverse development, it was designed pretty well You basically have a core at the center of this large development That core is the higher density component of this, which does have more direct access to arterial roads, the amenities of the community Off of this core radiates these secondary roads A network of secondary roads that are unmarked and are lined with single-family homes and in most cases end in a cul-de-sac The problem with this proposal is that contrary to this well-thought-out design, it forces a higher-density component at the end of those secondary rows and cul-de-sacs The real concern here is that these cul-de-sacs were never designed in anticipation of such traffic volumes The concern is further exacerbated by the limited means as there would be only one point of access, as everyone is aware, to this high-density component at the back end of our cul-de-sac area You have a concern of high traffic volumes, excessive speeds, and most concerning to me is the limited access for emergency vehicles, which has also been touched on tonight Then there's the issue of traffic, or sorry, parking, adequate parking supply The developers plan states that the community will have 114 parking spaces that includes two garages and two spaces, and a driveway that leaves 14 spaces for visitors and other things that might be work vehicles, their children's vehicles, trailers, boats, motorcycles I think the reality is these garages won't necessarily be parked I've seen it, I think most of you have seen it Garages are, I think, most often used at least one bay for storage We have a concern about cars spilling out and lining our curbs being in front of our houses Not only creating inconvenience, particularly on holidays and other celebratory events, but also safety concerns for the existing residents Also, it could be a liability for us homeowners In conclusion, while I do appreciate the applicant's efforts in working with the Town and us, the community, I just don't see the logic in trying to arbitrarily force such a high-density component into an area Potomac Station that was never intended to accommodate such I ask you, we ask you as our elected officials of Leesburg to really think on this, that we all think this through, and that on delivering the Town's vision of future growth and greater diversity, that it's not forced and that these proposals make sense Most importantly, that they will maintain and ensure a certain degree of safety to our community With that, I thank you Mayor Burk: Thank you Our next speaker is--Thank you, Mr Andrews Our next speaker is Bradley Bum Bradley Blin: Good evening My name is Bradley Blin I live at 823 Saddleback Place Thank you for your service to our Town, and thank you for visiting our neighborhood The current Town Plan known as Legacy Leesburg, was formally adopted by the Leesburg Town Council in March 2022 Required by the State of Virginia, it is a comprehensive plan to guide and shape the Town's future for the next 20 years and beyond We are just one year into this plan, and my question to the Town Council is simple Do you want to follow this comprehensive plan'? I assume your answer is yes I pose this question, because this new development directly contradicts principle number three of the Town Plan Let me explain Principle number three is about enhancing neighborhoods, and the very first sentence states, "Protect and enhance the quality and character of Page 19IJune 13, 2023 existing residential neighborhoods" Adding 25 townhomes to the end of the road turns a cul-de-sac community into a thruway for 141 daily car trips or 51,000 trips per year Please, let's all use common sense here What would you say if Carr Homes came into your quiet neighborhood and wanted to put 25 houses at the end of your street? Would that make sense to you? Would that increase the character and livability of your existing neighborhood? Now, what will decrease the character and livability of our existing neighborhood on a daily basis for years and decades to come?Traffic On page 125, the Town Plan finds it important enough to address this exact issue to help protect existing neighborhoods It reads, "Avoid channeling traffic generated by new development through existing residential neighborhoods" The Town Plan specifically says not to do this I've researched the location of townhouses within the current Potomac Station community Every single one of them has two entrances and exits onto major four-lane roads How many single-family homes must be passed by to reach any of these townhouses? Zero Not one single-family home is impacted by through traffic from the current townhouses in the Potomac Station community This is a case for all townhouse communities in the Town of Leesburg To disregard our Town Plan will not only impact the livability of our existing neighborhood, but your decision will set a precedent that will have a generational impact If one road for in and out traffic is allowed for 25 townhouses today, then what prevents tomorrow's development of one road to support 50 townhouses? 100 condos? Please think about the importance of this decision Our Town Plan is designed to support growth over the next 20 years and this issue of channeling traffic through an existing neighborhood is important enough to be included in this document, and it tells us not to do this We are asking the Town Council to follow the denial recommendation of the Planning Commission and reject this rezoning application This is a small parcel of land that significantly impacts a much larger adjoining community I implore you to vote with the 400 Potomac Station residents that have signed a petition I implore you to vote with the Potomac Station Homeowners Association that wrote a letter objecting to this rezoning application Protect all Leesburg homeowners by setting the right precedent for decades to come Before I conclude, I would like all Potomac Station residents and concerned citizens here tonight to stand if you agree with the concerns we have shared thus far, thank you In conclusion, I'm reading straight from page 39 of the Town Plan "No matter what, we need to have a vision in place and be proactive so that we're not reacting blindly to any opportunity that may arise Developers will come and go, they will present ideas, and some will threaten to walk away At this stage and Leesburg's history, it is important to remember that we only get one chance to get it right, and sometimes waiting for what we really want will be hard" Thank you for your time Mayor Burk: Thank you, thank you very much, Mr Blin That is the last of the people that are signed up to speak is there anybody in the audience that did not sign up that would like to speak at this time? All right That being the case, then I will close the public hearing, and I will ask if there are any comments or questions anybody has to ask of the applicant or the staff Okay Thank you I am going to have to respectfully disagree with staffs conclusion about the transportation aspect of this proposed project As I've listened to the people speaking tonight and doing the research on it, I think the traffic from this new development will have a very significant negative impact on the already established neighborhood One of the core principles of the Legacy Leesburg Town Plan is to provide a safe, reliable, and efficient transportation system that promotes, enhances mobility and connectivity between neighborhoods and destinations In my judgment, this proposed development does not do that Rather it simply adds to the traffic on the existing neighborhood roads, which are already subject to traffic associated with the Harper Park Middle School for the greater part of the year Now, while the Eastern Gateway Area Plan specifically identifies this parcel as appropriate for single- family detached or connected homes, the identification of this parcel as a development site does not excuse the Council in considering a proposed project for approval from assessing the transportation impacts on the existing neighborhood I think we can all agree that the analysis of the transportation impact would be very different if the site could be directly accessed off Route 7 rather than going through existing residential streets as proposed For this reason, I will not be able to vote for this proposal tonight Council Member Nacy Page 20IJune 13, 2023 Council Member Nacy: I was just going to make a motion if people have comments before I do Mayor Burk: Does anybody have any comments? Mr-- Vice Mayor Steinberg: Would you prefer to wait until after the motion is made and second? Mayor Burk• She is giving you the chance Council Member Cummings. Okay Great Well, I just want to quickly say I appreciate the applicant and their representatives being here tonight and the work that they've done with staff I appreciate all the resident's efforts to engage the public process tonight and before at the Planning Commission as well as with your private meetings Thank you It certainly makes a difference to hear from the public A lot of times we make decisions here based on what we hope you all want us to do and the guidance that you provide, so it's nice to be hearing from folks I echo Mayor Burk I also respectfully disagree with the staffs conclusion based on the transportation aspects of the proposed project I also really want to lean on principle three in the Legacy Leesburg Plan about enhancing existing neighborhoods I printed it out and they're right A bullet there says, avoid channeling traffic generated by new development through existing residential neighborhoods Now this is going to be difficult, because we have a lot of infill applications and developments to happen in the Town, because we're 97, 98, maybe 99% build-out I just think we can't take our eye off of our existing neighborhoods and our residents that live there I too will not be able to vote in favor of the application due to the traffic impacts and the quality of life for the residents and our existing neighborhood Thank you to everyone Thank you to the applicant Mayor Burk• Anyone have anything else to say?Council Member Nacy, you have a motion? Council Member Nacy: I do I move to deny the proposed ordinance application TLZM-2021-0006 based on finding that the proposed use is not consistent with the Legacy Leesburg Town Plan nor the regulations of the Town of Leesburg Zoning Ordinance based on the traffic generated by the proposed development in conjunction with the traffic associated with the existing residences and the Harper Park Middle School placing too much of a burden on and presenting an unacceptable intensification of the use of the existing streets Mayor Burk: Seconded by Vice Mayor Steinberg Any comments at this point? Yes, Mr Stein Vice Mayor Steinberg: I just want to say, first of all, I truly appreciate the effort by all of the residents and the effort you've put in I also absolutely understand the time, the expense that the applicant has put forth in this effort That said, I trust our Planning Commission and they also put a lot of time and effort into this project and fully vetted it In the end, based on quality of life issues and good planning, they voted to deny I am also the Planning Commission Liaison I am comfortable with their decision, and so I will also not support this application Thank you Mayor Burk• We have a motion by Council Member Nacy of denial, seconded by Vice Mayor Steinberg All in favor of the motion to deny indicate by saying Aye Members:Aye Mayor Burk. Opposed?That passes 7-0 Thank you all very much [applause] Mayor Burk: Our next item is for the approval of the consent agenda Yes,we're not done Vice Mayor Steinberg: Don't move Page 211June 13, 2023 Mayor Burk. Special Event Fee Waiver for Loudoun Freedom Center Juneteenth, March 23rd The Plaza Street Sidewalk Project Design Task Order Contract Authorization C, the Supplemental Appropriation for the Airport Runway Pavement Rehabilitation Project D, the Automated Water Meter Reading System Upgrade and Annual Contract E, the Extended Cable Franchise with Venzon, Virginia LLC for a Period of Six Months F, the Appointment to the Parks and Recs Commission of Russ Shaw G, Congregate Housing Initiating an Amendment to the Zoning Ordinance H, Air Traffic Control Update, and Control Tower Project Addition to the Capital Improvement Program I, the 2024 Legislative Program Is there any item that anybody would like to have removed or added? All right All in favor indicate by saying aye Chris Spera: You need a vote You need a motion Mayor Burk: Oh, I'm sorry [laughs] All right Vice Mayor Steinberg made the motion Can I have a second? Council Member Nacy. Second Mayor Burk. Second Council Member Nacy All in favor of the approval of the consent agenda? Members: Aye Mayor Burk: Opposed All right Thank you All right The next thing we have is a Resolution for the Downtown Traffic Study and Travel Demand Model Let me see if there's I have to say for that Niraja Chandrapu: Good evening, Madam Mayor and Council Members My name is Niraja Chandrapu, and I'm a Transportation Engineer with the Department of Public Works and Capital Projects I'm here asking for your approval of an Engineering Services Task Order in the amount of $382,122 90 In the Fiscal Year 2023, the Town Council authorized a $250,000 for a Downtown Traffic Study and a $125,000 to develop a Travel Demand Model Council requested staff to come back to discuss how the$250,000 would be utilized for the traffic study This task order has three main components, one is developing a travel demand model such that it will help the elected officials to make decisions The second component is prepare traffic operations study to analyze existing and future conditions with a focus on the potential implementation of one-way streets The third component that got included in this task order is to study the impacts of the proposed redevelopment of the Liberty Lot on the surrounding roadway network This map shows the study area The study will include the intersections that fall inside the Catoctin Circle, the developments that will be considered in predicting the future volumes for the future year are Harrison Street Academy, Courthouse expansion, Church & Market Street, Church & South, Virginia Village, and Meadow Glen, and we would study the impacts of these on the streets The one- way streets that would be looked at in converting the two-way to one-way are North Street, West Market Street, Loudoun Street, Birch Street from South Street to Market Street, Liberty Street from Royal to Loudoun, and Royal Street from King to Liberty The methodology would include studying 27 intersections for both AM and PM time periods, analyze existing 2023 and future 2030 conditions Analyze the potential for one-way streets and its impacts on businesses, parking, pedestrian, and traffic The study will also identify any safety deficiencies at any of these study intersections and also identify short-term and low-cost improvements When I say short-term and low-cost improvements, it's more like changing the signal timings, increasing the [unintelligible] to help with queuing, pavement markings, improving the sight distances or enhancing pedestrian safety This is a breakdown of the budget for doing different tasks in the task order The travel demand model would cost approximately $154,000 Studying the impacts of the Liberty Lot would cost approximately $50,000 The rest is studying the traffic impact study Operation impacts study The anticipated contract start date is September 1, 2023 and the contract end date is expected to be September 1, 2024 With that, I come to the asking for your approval to conduct this study Mayor Burk: All right Thank you very much Does anybody have any questions? Yes, Mr Bagdasarian Page 22IJune 13, 2023 Council Member Bagdasarian: Thank you Not to get in the weeds— Mayor Burk: But you're going Council Member Bagdasarian• --but I will I'm just wondering how our intersections actually studied, is there like using video analytics and Al technologies or is there actual counters? How is the actual? Niraja Chandrapu: Cameras The cameras will be utilized in collecting the data We will process two hours in the AM and two hours in the PM to find out what is the peak hour We already have counts from the region from the downtown study That will let us know what is the peak hour for our downtown area and we are planning to collect in those time periods for the counts The camera is a technology that the consultant would be utilizing in order to do that Council Member Bagdasarian:These are existing cameras, correct? Niraja Chandrapu: Not existing camera, this will be installed by the consultant to capture it Council Member Bagdasarian: Just for the study? Niraja Chandrapu• Yes Council Member Bagdasarian: Okay I'm just wondering if you know, from a long-term perspective, if we had cameras at intersections that run video analytics, we could continuously monitor for traffic patterns and do this on an ongoing basis This is outside the scope I'm just saying, okay [laughter] Thank you Mayor Burk. Mr Wilt Council Member Wilt: Thanks A couple of questions First, on slide five with one-way streets I'm looking at Market and Loudoun I see some arrows there I take that you're looking at those would be the direction of conversion to one way What about what I see Royal and Wirt I don't see arrows there What's the thought pattern there? Niraja Chandrapu: That is not yet determined, the study will determine what is the best direction That is the reason why we are not showing any arrows on what would be analyzed will be determined at this Council Member Wilt: Then how do you do that, is there some sort of once you take traffic data study, use some sort of simulation to project what they would behave as one-way streets? Niraja Chandrapu: What they use is a synchro analysis tool That will tell them whether it is operating with acceptable level of service by converting the streets and diverting the traffic If it does not, then they will change the direction and look at the other options Council Member Wilt: Okay Then thinking about Market and Loudoun Street in this model, are these a one-lane, one way or multiple lane one way? Niraja Chandrapu: I think it will be multiple lanes one way based on the traffic, but that will again be determined that the study, based on the volumes in the peak hour Council Member Wilt. Okay I'm wondering in this case, if they were one lane one way each does that provide us that a parking opportunity? Niraja Chandrapu: Yes, it will increase the parking opportunities, it will enhance pedestrian safety by reducing the crossing distance and all that, but operationally what we have to check in the model is, is it feasible to have only one lane in each direction That will be determined at a later stage Page 23IJune 13, 2023 Council Member Wilt: I assume, for example, current volume, not a future increase in volume if I have two streets, westbound each handling half the volume I can put that into one street dedicated to westbound at the same volume I would assume? Niraja Chandrapu: Yes Council Member Wilt: Generally? Niraja Chandrapu• Yes Council Member Wilt. Okay You will be assessing the need for one lane or two lane I'd be interested in seeing the one lane with a park in something Personally, I think parallel parking is difficult for everyone and angle parking is easier to ingress egress and no doors opening and the traffic Is that part of the study, looking at that parking model? Niraja Chandrapu: Yes, They evaluate everything If operationally one lane is ideal, then they will look at suggesting what are the other things that could be done,which is parking Council Member Wilt: Okay Very good Then you mentioned this is to develop a tool Is this then the consultant's tool or is this going to be the Towns? Niraja Chandrapu: Travel Demand Model Tool, you mean? Council Member Wilt: You-- Niraja Chandrapu- Yes Travel Demand Model Tool is something that will be developed on using the Loudoun County Travel Demand Tool, so that would help us in determining what the growth would be in the future at a future date, but that model is developed based on a lot of assumptions Council Member Wilt. Okay I'm wondering, is this a tool that's used for this study'? It's a one-time or is this a reusable tool? Niraja Chandrapu• No, this tool will be used for any future project Council Member Wilt: It'll be an asset we'll have for the future Niraja Chandrapu: Yes Council Member Wilt: All right Very good Thanks very much Niraja Chandrapu: Thank you Mayor Burk: I have a question for you Oftentimes when I'm in the downtown area and someone wants to turn left and it really blocks all the traffic, is there any-will there be any look at whether there should be no left turns or-- Niraja Chandrapu• The different things that they will be looking at is restricting left-hand movements during peak hours, and is there something that could be done with the signal timings changing from coordinated signal system into a fixed timing'? They will be looking at different options to improve the efficiency of the corridor Mayor Burk: Okay because the left-hand turn really do slow things down Anyway All right Niraja Chandrapu. Thank you Mayor Burk: Is there a motion'?Anybody? Page 24IJune 13, 2023 Council Member Nacy: Sure Why not? [laughs] I move to approve the resolution ordinance to Approve the Engineering Services Task Order for the Downtown Traffic Study and Travel Demand Model to WSP USA Environmental and Infrastructure Incorporated in the amount of$382,122 90, and authorize the Town Manager to execute the task order Mayor Burk: Second? Council Member Cimino-Johnson. Second Mayor Burk: Seconded Oh, Dr Cimino-Johnson got in there Yay Sorry [laughs] I was going to say it was going to be you too all night long All in favor of the Downtown Traffic Study Demand Model as moved, indicate by saying Aye Members:Aye Mayor Burk: Opposed? Okay That passes 7-0 Appointment to the Board of Architectural Review Did you have somebody you wanted to recommend? Council Member Cummings. Yes I'd like to recommend Mr Richard Brown to the Board of Architectural Review [laughter] Mayor Burk: Seconded by Ms Nacy [laughs] All right Anybody have any issue with that? Eileen is there any problem with--Okay All in favor indicated by saying Aye Members: Aye Mayor Burk: That passes-- Nay? Passes 7-0 Council Member future Council meetings and agenda topics Dr Cimino-Johnson Council Member Cimino-Johnson: I only have a disclosure I met with the applicants for the Hamblet property on 6/8 Thank you Mayor Burk: Right Cummings? Council Member Cummings: Just two disclosures The first I had a meeting with Ms Debra Gilmore and Mr Tyler Peak with LAWS about the congregate housing amendment and their efforts to build congregate housing Then my second disclosure is I had a phone conversation with Mr Matt Leslie on the Hamblet application Mayor Burk:All right Mr Wilt Council Member Wilt: One disclosure I also met with the applicant of the Hamblet property, and that was on May 25'h Mayor Burk. Mr Bagdasanan Council Member Bagdasarian: I also had a meeting with Matt Leslie, and the folks from the Hamblet Property Project today 6/13 Also wanted to share I had a enjoyable experience with Mr James David and Ms Schmidt's fusion class We got to experience the students Greenville Project, where they put together a town of the future leveraging Green Technology under the guidance of David here Help them lay out the whole city plan, and it was quite the experience, so Mayor Burk• Great Ms Nacy Page 25IJune 13, 2023 Council Member Nacy: I don't have any disclosures, and my only comment was going to be about how impressive the residents came together tonight, and I think we should absolutely be talking to a few of them if we ever need Planning Commissioners [laughter] Mayor Burk: Vice Mayor Vice Mayor Steinberg* Thank you No comments Two disclosures One also with Tyler Peak and Debra Gilmore of LAWS to discuss the rezoning and a meeting with Peter Kalans and Bruce DeAtley regarding the Meadowbrook CCF rezoning Mayor Burk. On the 24th I met with Stack and Peterson's representatives to discuss data center heights On the 25th I had a delightful opportunity to meet with Delegate Reid Though he doesn't represent our district anymore, since we have open seats and no representatives, he, as the senior representative for Loudoun, was willing to meet with myself and Mr Markel and talk about the legislative agenda that we just passed the other night It was a very productive meeting and he's willing to stand in until our representatives are finally elected On the 26th, I attended the monthly luncheon at Projet Aviation It's great to talk to all the pilots and the airport employees who work at the Airport It is amazing how many employees there are at our airport, I don't think people realize that On the 29th, thanks to Parks and Rec, the event group, they planned and executed a wonderful Memorial Day program on the Courthouse lawn The rest of the week, I had a chance to take a few days off and go to see Niagara Falls, which I had never been to before The beauty and the majesty of that natural wonder is just amazing and very much worth taking the trip to go up and see, and then you can go to Mr Bagdasanan's hometown On June 5th, I met with Mr Williams and Mr Greene, and we held a flag-raising ceremony to commemorate Juneteenth right out front On June 6th, we held a ribbon cutting at Serenity House, it is a refuge for families and victims of addiction On June 6th, I also met with Taylor Chess from the Peterson Company to talk about the data centers On June 7th, I want to thank Tara Belote and Eileen Boeing, and Kara Rodriguez for helping me to organize the State of the Town It's always interesting to look back at what we've been able to accomplish in a year I want to thank Vice Mayor Steinberg for attending also On June 8th, I met with the representatives from LAWS to get an update on the housing proposal they have here in Leesburg On June 10th, a ribbon cutting for the new 26 airport hangars and 11 tie- downs Thanks to Smokehouse Pilots for putting on such a good show On June 10th, ION held a show for skaters, all the way from darling little kids skating to Olympian skaters skating to the Loudoun Symphony It was a wonderful performance, and I thank Mitra and Luiz for so generously donating tickets On June 12th, I met with Peter Kalans to discuss the zoning for continuous senior care I too want to thank the residents that came out today I wish that more people realized how important it is for people to come to the Town Council meetings and talk to us about their concerns I want to wish a happy birthday to our Town Attorney and to Rabbi David Greenspoon, who celebrated his 60th birthday this week That is all I have Town Manager? Kaj Dentler No comments Mayor Burk. Is there a motion to adjourn? Vice Mayor Steinberg: So moved Mayor Burk. Second? Council Member Nacy: Second Mayor Burk: All in favor? Page 26IJune 13, 2023 Members:Aye Mayor Burk: Opposed?We are adjourned Page 27IJune 13, 2023