Loading...
HomeMy Public PortalAbout2023_tcmin0627 COUNCIL MEETING June 27, 2023 Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Zach Cummings, Kari Nacy, Vice Mayor Neil Steinberg, Patrick Wilt and Mayor Kelly Burk. Council Members Absent: Ara Bagdasarian and Todd Cimino-Johnson. Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Director of Finance and Administrative Services Clark Case, Director of Utilities Amy Wyks, Director of Community Development James David, Deputy Town Attorney Christine Newton, Assistant Town Attorney Jessica Arena, Senior Planning Project Manager Scott Parker, Finance Operations Manager Ellen Windley and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Vice Mayor Steinberg. 3. SALUTE TO THE FLAG was led by Council Member Cummings. 4. ROLL CALL Council Member Bagdasarian and Council Member Cimino-Johnson absent. 5. MINUTES a. Work Session Minutes of June 12, 2023 MOTION2023-120 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the June 12, 2023, Work Session minutes were moved for approval. The motion was approved by the following vote: Aye: Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 5-0-2(Bagdasarian and Cimino-Johnson absent) b. Regular Session Minutes of June 13, 2023 MOTION2023-121 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the June 13, 2023, Regular Session minutes were moved for approval. The motion was approved by the following vote: Aye: Cummings, Nary, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 5-0-2(Bagdasarian and Ctmino-Johnson absent) 1 Page COUNCIL MEETING June 27, 2023 6. ADOPTING THE MEETING AGENDA MOTION 2023-122 On a motion by Council Member Nary, seconded by Council Member Cummings, the meeting agenda was moved for approval. The motion was approved by the following vote: Aye: Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 5-0-2(Bagdasarian and Cimino-Johnson absent) 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. None. 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioner's Section opened at 7:02 p.m. There were no petitioners wishing to address Council. The Petitioner's Section closed at 7:03 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION2023-123 On a motion by Council Member Nacy, seconded by Council Member Cummings, the following consent agenda was proposed: a. Ultraviolet Disinfection System Protect at the Water Filtration Plant RESOLUTION2023-089 Awarding the Construction Contract for an Ultraviolet Disinfection System at the Kenneth B. Rollins Water Filtration Plant to EMII Environmental, Inc. in the amount of$1,270,300 L 2 I Page COUNCIL MEETING June 27, 2023 b. Engineering Design Services for Waterline Replacement at The Fields ofLeesburg RESOLUTION2023-090 Awarding a Task Order Amendment in the Amount of$78,865 to Whitman, Requardt and Associates, LLPfor the Final Engineering Design for The Fields of Leesburg Waterline Replacement Project c. Appointment to the Tree Commission—Roberta Griffith RESOLUTION2023-091 Appointing Roberta Griffith to the Tree Commission d. Revising the Proclamation Process RESOLUTION2023-092 Adopting a New Process for Town Proclamations and Rescinding Resolution 2019-116 —Process for Town Proclamations, Last Amended on January 9, 2023, and Resolution 2023-013—Annual Proclamation List for Calendar Years 2023 and 2024 The motion was approved by the following vote: Aye: Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 5-0-2(Bagdasarian and Cimino-Johnson absent) 13. RESOLUTIONS /ORDINANCES / MOTIONS a. None. 14. PUBLIC HEARINGS a. TLZM-2022-0006, Village Market Boulevard (Village at Leesburg). Rezoning (Concept Plan and Proffer Amendment) The Public Healing opened at 7:04 p.m. Mr. Scott Parker presented Council with the rezoning application in the form of a concept plan and a proffer amendment to add a right-in-only entrance modification from Village Market Boulevard into the existing Retail Unit 1 Land Bay within the Village at Leesburg. Council and staff discussed the application. Cooley Urban Planner Molly Novotny, representing Rappaport, and Rappaport Executive Vice President Larry Spott answered questions from Council regarding landscaping associated with the changes and whether or not the street would remain open during the construction. 3 I Page COUNCIL MEETING June 27, 2023 Mayor Burk noted the Town received a comment via email from Mrs. Miriyam Nitzberg who requested her email be read aloud for the record; however, per the Town's Policy, the email was forwarded to Council prior to the meeting and will be included as part of the meeting minutes but was not read aloud at the meeting. Public Speakers: There were no speakers wishing to address this public hearing. The public hearing closed at 7:19 p.m. MOTION2023-124 On a motion by Vice Mayor Steinberg, seconded by Council Member Cummings, the following was proposed: I move to approve the proposed Ordinance approving rezoning application TLZM-2022- 0006, including the Concept Plan revised through March 15, 2023, and the proffers dated March 15, 2023, based on finding that the rezoning is compatible with neighboring properties, consistent with the Legacy Leesburg Town Plan land use and community design goals, consistent with the Town of Leesburg Zoning Ordinance, and consistent with the protection of the health, safety, welfare, and convenience of the community. ORDINANCE 2023-0-011 Approving TLZM-2022-0006, Village Market Boulevard(Village at Leesburg), Concept Plan and Proffer Amendment, to allow a Right-in Only Entrance Modification and Amenity Area The motion was approved by the following vote: Aye: Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 5-0-2(Bagdasarian and Cimino-Johnson absent) b. TLOA-2023-0001 Continuing Care Facility The Public Hearing opened at 7.18 p.m Mr. Scott Parker presented Council with proposed amendments to the Zoning Ordinance for the purpose of establishing a Contmuing Care definition and regulations. Council and staff discussed the proposed amendments. L 41Page COUNCIL MEETING June 27, 2023 Public Speakers: Bruce DeAtley, Whitehall Partners. Spoke to Council as a representative of the applicant, Traditional Land in Meadowbrook Neighborhood Center, in support of the Zoning Ordinance amendments for Continuing Care Facilities. The public hearing closed at 7:54 p.m. MOTION2023-125 On a motion by Council Member Cummings, seconded by Vice Mayor Steinberg, the following was proposed: I move to approve the proposed Zoning Ordinance Amendment TLOA-2023-0001 revising Articles 5, 7, 8, 9, 11, and 18 for the purpose of establishing a Continuing Care definition and regulations based on the findings that the amendment furthers objectives of the Town Plan, and that the proposal would serve the public necessity, convenience, general welfare and good zoning pramce. ORDINANCE 2023-012 Amending Leesburg Zoning Ordinance Articles 5, 7, 8, 9, 11, and 18 for the Purpose of Establishing a Continuing Care Facility Definition and Regulations The motion was approved by the following vote: Aye: Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 5-0-2(Bagdasartan and Cimino-Johnson absent) c. Amending Town Code Chapter 20. Article VI(Transient Occupancy Tax) The Public Hearing opened at 7:56 p.m. Mr. Clark Case presented Council with proposed Town Code amendments to the Transit and Occupancy Tax (TOT) to address the increasing prevalence of bookings and payments coming through third party intermediaries such as Airbnb, Expedia, VRBO, etc. Public Speakers: There were no speakers wishing to address this public hearing. The public hearing closed at 8:00 p.m. L 5 1 Page COUNCIL MEETING June 27, 2023 MOTION2023-126 On a motion by Council Member Nary, seconded by Vice Mayor Steinberg, the fallowing was proposed: I move to approve the Ordinance Amending Town Code Chapter 20,Article VI (Transient Occupancy Tax). ORDINANCE 2023-0-013 Amending Town Code Chapter 20, Article VI(Transient Occupancy Tax) The motion was approved by the following vote: Aye: Cummings, Nacv, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 5-0-2(Bagdasarian and Cimino-Johnson absent) 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS a. None. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk attended the swearing-in ceremony for the new officers of the Leesburg Police Department. Mayor Burk attended the Juneteenth celebration and thanked Mr. Irvin Greene and the Berg Family reunion for organizing the event. Mayor Burk read the proclamation passed by Council for the Loudoun County Reserves at an event organized by the Sons of the American Revolution. Mayor Burk recognized Voting Day and thanked all of the candidates for putting their names forward. Mayor Burk thanked Loudoun Clerk of the Circuit Court Gary Clemens for inviting her to participate in Law Camp where students participate in the judicial process and members of the community serve as mock jurors. Mayor Burk attended a baptism in Tuscarora Creek hosted by Reverend Trammell which was a first for her. Mayor Burk congratulated Revered Stinger from the Mount Olive Baptist Church who is celebrating his 33r°anniversary as Pastor. Mayor Burk thanked Congresswoman Wexton and Senator Kaine for meeting with her, Vice Mayor Steinberg, Airport Director Scott Coffman and Town Attorney Chris Spera so they could see the new equipment to help with tower operations and to discuss fundmg options for the current temporary tower and a permanent tower in the future. 19. TOWN MANAGER COMMENTS Mr. Dentler reviewed the plans for the upcoming July 4 holiday Mr. Dentler noted a parade in the morning, the hometown heroes banner dedication at Freedom Park in the afternoon and a fireworks celebration at Ida Lee Park in the evening. 6 I Page COUNCIL MEETING June 27, 2023 20. CLOSED SESSION a. None. 21. ADJOURNMENT On a motion by Council Member Nacy, seconded by Vice Mayor Steinberg, the meeting was adjourned at 8:05 p.m. Kelly or1(3 Town of Leesburg ATTEST a:teeleca., ae:1-0-12 Clerk of Council 2023 tcmm0627 L L 7 I Page From: Minyam Nitzberg<miriyam07@gmail corn> Sent:Thursday,June 22,2023 5:17 PM To:Scott Parker<SParker@LEESBURGVA.GOV> Subject:Village Market Blvd- new entrance, Rezoning TLZM-2022-0006 Dear Scott Parker I am unable to attend the public hearing regarding Rezoning TLZM-2022-0006 on June 27, however I wish to have my voice heard. Is there a way to share my views other than in-person attendance?Would you be able to read the following statement on my behalf at the hearing? I am strongly against the proposed vehicle access. My family live in a townhouse in the Village Walk development,which is on the opposite side of Russell Branch Parkway from Leesburg Village shopping center.As is the case with many of our neighbors,we frequently walk into the shopping center, including with our dog. Every time we cross Russell Branch at Village Market Blvd,we feel as if we are taking our lives into our hands.We always cross with the walk signal in the crosswalk, but people drive like deranged chimpanzees,especially as they are entering the shopping center. Every time we cross the street,without exception,at least one car runs the red light to make the right turn into the shopping center-and this is often when we are in the crosswalk with the signal.Therefore,adding this additional vehicle access point is,to us,just another danger for pedestrians. Drivers need to slow down in any case, and I see no reason why they can't drive their cars that further 25 meters to the existing access point. Priority needs to be given to pedestrians from time to time. Thank you for taking my view into consideration. Yours sincerely, Minyam Nitzberg June 27, 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.leesburgva.gov or refer to the approved Council meeting minutes. Council meeting videos are retained for three calendar years after a meeting per Library of Virginia Records Retention guidelines.) Mayor Kelly Burk: I would like to call to order tonight's January 27^, 2023, meeting for Leesburg Town Council If anybody in the room needs heanng assistance, please see the Clerk Vice Mayor Steinberg will be giving the invocation followed by Council Member Cummings giving a salute to the flag Vice Mayor Neil Steinberg: Thank you I like to request a moment of silence before we get started with our work this evening [pause] Thank you All: [Salute to the flag] Mayor Burk: Let the record reflect that two members are not present tonight, Council Member Cimino- Johnson and Council Member Bagdasanan All other members of Council are present We have two sets of minutes The work session minutes of July 121°, 2023 Do I have a motion? Vice Mayor Steinberg: So moved Mayor Burk: Moved by Mr Steinberg, seconded by Ms Nacy All in favor indicate by saying aye Members:Aye Mayor Burk: Opposed? That is 5-0-2 Regular session minutes Do I have a motion? Vice Mayor Steinberg, seconded by Ms Nacy All in favor indicate by saying aye Members:Aye Mayor Burk: Nays?That passes 5-0-2 Do I have a motion to adopt the meeting agenda? Council Member Kari Nacy Yes Mayor Burk: Council Member Nacy Second? Council Member Zach Cummings: Second Mayor Burk: Council Member Cummings Does anybody have any amendments or deletions to this agenda?All right, all in favor, indicate by saying aye Members:Aye Mayor Burk: Opposed? That passes 5-0-2 We have no proclamations tonight I know that's unusual, but we have none We have no presentations Does anybody have a Regional Commission report? Petitioners,that takes us to one of the most important things we do One of the first orders of business is to hear from the public All members of the public are welcome to address the Council on any item, matter, or issue Please identify yourself, and if comfortable doing so, give your address for the taped record Every public speaker will be requested to state their name and spell it for the purpose of closed captioning Page 11June 27, 2023 In the interest of fairness, we also ask that you observe the three-minute time limit The green light on the timer will turn yellow when you have one minute remaining At that time,we would appreciate your summing up and yielding the floor when the bell indicates your time has expired Under the rules of order adopted by this Council, the time limit applies to all At this point, there is nobody who is signed up to speak as a petitioner. Is there anybody in the audience that wanted to speak but didn't get a chance to sign up? Seeing nobody, then I will close the petitioner section and move to the consent agenda I will read the items, and then ask for a motion The number 12(a) is the Ultraviolet Disinfectant System Project at the Water Filtration Plant The number 12(b) is the Engineering Design Service for Waterline Replacement at the Fields of Leesburg (c) is Appointment to the Tree Commission of Roberta Griffith and (d) is Revising the Proclamation Process Do I have a motion? Council Member Nacy' So, moved Mayor Burk: So, moved by Ms Nacy Second? Council Member Cummings: Second Mayor Burt Council Member Cummings Anybody have any issues with any of the items?All in favor indicate by saying aye Members:Aye Mayor Burk: Opposed? That passes 5-0-2 All right, that takes us into our public hearings. Our first public hearing for tonight Let me call to order June 27 h, 2023, hearing of the Leesburg Town Council Unless there is an objection, I will dispense with the reading of the advertisement If you wish to speak, we ask that you either sign up on the sheet in the hallway outside of Council Chambers, but if you did not get the opportunity to sign up,we'll give you an opportunity to speak In the interest of fairness,we also ask that you observe the five-minute time limit The green light in front of you will turn yenow at the end of four minutes indicating you have one minute remaining At that time, we would appreciate you summing up and yielding the floor when the bell indicates your time has expired Under the rules of orders adopted by this Council, the five-minute time limit applies to all citizens However, rather than having numerous citizens present remarks on behalf of the group, the Council will allow a spokesperson for the group a few extra minutes In that instance,we would ask speakers when they sign up to indicate their status as spokesperson, the group they represent, and their request for additional time Our procedure for the public hearing is as follows First,there is a brief presentation by staff about the item before us Second,members of the public that have signed up to speak will be called to give their comments The town received one comment via email from Mrs Miriyam Nitzberg who requested her email be read aloud for the record. However, as per town's policy,the email was forwarded to Council and will be included as part of the meeting minutes but not read aloud at this meeting The public hearing item on the agenda for tonight is TLZM-2022- 0006,Village Market Boulevard Rezoning Concept Plan and Proffer Amendment Mr Parker Scott Parker Madam Mayor, Members of the Council, my name is Scott Parker, a Senior Planning Project Manager with the Town and I'm representing this case this evening, TLZM-2022-0006 It's a Village Market Boulevard at the Village of Leesburg-This request this evening is a rezoning application that is in the form of a concept plan and a proffer amendment This is to add a right-in-only entrance modification from Village Market Boulevard into the existing Retail Unit 1,as its called, land bay within the Village of Leesburg The site area is approximately 1 16 acres, this particular land bay and it is zoned PRC I'll show you a map in a moment The application also includes the creation of a small amenity area known as a pocket park and it also has a new crosswalk associated with it This is part of the Gateway District However, the Village at Leesburg is proferred into the H2 historic corridor architectural control overlay They have their own Page 2lJune 27, 2023 guidelines,so they are not subject to Gateway District requirements The administrative COA is required for all of the improvements that we're talking about this evening The subject property is located right here This is Russell Branch Parkway,and this is Village Market Boulevard and the townhouses Village Walk are over on this side This is the Massage Envy building right here and this is a bank. Currently, you cannot access this land bay from this area The only way to access this land bay is from this location right here I should probably use a different color This one right here Traffic coming in off of Russell Branch Parkway has to come this way and go through this intersection I'm sure a lot of us have done that, and then has to access this area back here for parking It's proving to be inconvenient This proposal will have some benefits for the internal operations of the Village at Leesburg There's a companion or application with this I won't spend too much time on it, but since there's a special exception for the bank right here, there is a plat with the bank There is also an application that is an administrative approval application and it's in our shop right now It's called TLOM-2022-0003 Upon approval of this rezoning, we will approve administratively the amendment to the special exception and what that does is just reflects on the special exception plat It shows the right in only It doesn't affect the use or anything of that nature It just makes sure there's a consistency for our record-keeping between the concept plan and the special exception That is subject to approval of this rezoning Wthout approval of that,there is no ordinance modification Really quickly here, this is the portion of Village at Leesburg that's zoned PRC The character designation is mixed-use center,the land use initiative is consistent with the Town Plan of the area to transform, and then this is the plan of the proposal I think it will be easier as I have this graphic illustration right here that's provided by the applicant that will use this for their discussion As I stated before, you come down Russell Branch Parkway this way They're proposing to take a section of the median out here There's a wall that goes down here, a section that will be taken out and this pocket park will be created I'll show you a picture of that in a moment This will be just a right-in only and traffic coming out of the bank will still continue to go as they have before There'll be signage, et cetera It's an internal operation It's not anticipated to have any appreciable effect on Russell Branch Parkway other than the fact that we do believe that the addition of this crosswalk here and here, which is needed in order to access, will give this area less of a feel of just being able to come straight through this way It'll activate pedestrian scape, it'll accentuate the streetscape frontage. Basically,what we're looking at is the hole in the wall will be punched right here The right end will go through here and we'll access through here The applicant has submitted proffers. There's no cash contributions to this It's substantial conformance to the concept plan, the construction of the improvement, and it reaffirms the concept plan with the application only for the proposed changes There's no cash proffers Again, it's an operational change only That is actually the subject of the application that meets all the criteria of the Zoning Ordinance I have provided motions here for you should you decide to do so That concludes my presentation for this application I'll be happy to answer any questions Mayor Burk: All right Does anybody have any questions on this? I just have two small, short ones I want to reiterate This will be only right-in Its not going to be a full intersection where they can come in and out Scott Parker: No, it's a small nght-m only, and then exit from the-- I'll go back to that map and show, it's easier This area here, as it exists,will remain the full access in and out What's proposed right here is a right-in only It's going to have the effect of taking the traffic that has to go through this that wants to get to here from having to go all the way around We think that that's an appropriate internal operation There has been some talk through the emits about folks blowing through right turns on reds here on Russell Branch, et cetera I'm a member of the RTC We have been discussing issues, in particular, of people traveling down Crosstrail Boulevard into the Town,out of the County Page 3IJune 27, 2023 They're aware of this.This particular application really doesn't have any effect on this at all As a matter of fact, I believe, as well as transportation folks believe that this will actually help that situation Mayor Burk:That would make sense to me that it would take traffic off of the road Having a crosswalk there most certainly would be a good addition to that property The only other question I have is. go back to that picture Scott Parker: Oops, I'm sorry Mayor Burt There, that one Look at where the arrow was pointing There looks to be a substantial tree there Is that correct? Scott Parker Let me go to the—I think you're talking about this one right here? Mayor Burk: I would assume I can't tell from here Scott Parker Yes, I think that's the one, I do believe I'm going to let the applicant speak to that I know there's some modifications along here and the landscaping's going to be increased through there When she makes her presentation, are you referring to whether that tree would be removed or not? Mayor Burk:Yes Scott Parker:Actually, I'm going to let the applicant speak to that one because it looks to me like that tree could be actually remaining or be taken out for the sidewalk I do believe it's being taken out for the crosswalk Mayor Burk: Okay Anyone else? Mr Wilt, yes Council Member Patrick Wilt: Oh, yes Just specifically, you said the crosswalk additions. Can you point to those again,what's going to be added as a marked crosswalk? Scott Parker Right at this moment, there's no crosswalk There's a new crosswalk being added here There'll be one here and here that'll be added Now, this is an out-only, by the way That's why transportation folks thought that it was not a hindrance to have that crosswalk on that ingress Council Member Wilt: That is a new one- Scott Parker:That is new,yes Council Member Wilt: -you're saying, Scott? Then across the street where you're punching through the wall, that'll be a marked crosswalk? Scott Parker: Yes Different surface brick crosswalk just like that's found throughout the Village of Leesburg Council Member Wilt: Okay Then I guess one of the concerns,the turning right through the red from Russell Branch I guess don't see that this has any impact on that Scott Parker No,sir I talked to town staff about this That's an enforcement issue and that's something that we need to keep an eye on I do think because it's a significant distance down and we actually think that for the center overall, it will actually help pedestrian impacts for the center all the way around, and particularly in this area by slowing cars down coming through this was Council Member Wilt: Right This won't create any additional traffic trying to make that right turnoff Russell Branch Page 41June 27,2023 Scott Parker: No, sir Council Member Wilt: The right turns inside the area, it simply divides them between the two, which will now be a second right turn It doesn't create any additional right turns Scott Parker.Yes, sir Council Member Wilt: I would anticipate reduced driver frustration by allowing a smoother right turn rather than going through the congestion at the Village Market intersection and farther up Scott Parker: That was our evaluation Council Member Wilt:They anticipate driver behavior would be improved, in fact Scott Parker: We also thought that this amenity area here, this pocket park area will activate the streetscape and may actually make this more of a pedestrian-oriented frontage that it doesn't currently exist now Council Member Wilt:All right, good Thanks, Scott Mayor Burk: Anyone else? Okay In my instructions here, it didn't have Molly coming up and making any remarks Is that something you-- Molly Novotny: I can answer your question Mayor Burk: Okay Molly Novotny: Thanks, Scott For the record, my name is Molly Novotny I'm an Urban Planner at Cooley representing Rappaport This project is, Scott did a great job explaining, it's just economic development driven It helps aid folks getting into the center To answer your question, there are two street trees that would be removed One to allow far that right in, and then the other, to allow for the crosswalk, but there will be additional plantings put back into that pocket park, both perennials street trees,as well as just landscaping and flowering trees Mayor Burk: Is there any chance of getting a larger tree rather than the spindly little things that they generally put in since you're going to be taken out a large tree? Molly Novotny: The one tree that's going in, you see there, its the proposed eastern redbud, and so we've reviewed We started at the top of that pocket park,and then we've got the proposed fringe trees on the side, those three additional trees coming in We're maintaining the street tree planting where it doesn't conflict with the pedestrians or vehicles traveling in Mayor Burk: Okay, thank you Disappointed that we're losing another tree, but anybody else at this point? Ms Nacy Council Member Nacy: I just have a quick question on logistics of what would happen once this construction starts Wdl that temporarily be closed,that access point while it's being constructed,or will one lane be open that people could still get around? Do you know? Molly Novotny.That's a great question I don't have the answer to that Larry Spott with Rappaport is here I can ask him and get back to you Council Member Nacy: Okay Thank you Larry Spot: For the record, Larry Spott with Rappaport Answering your question-- Page 5IJune 27, 2023 Mayor Burk: I'm sorry, what did you say for the record what? Larry Spott: Larry Spott with Rappaport Mayor Burk: Thank you Larry Spott: We would mitigate traffic,we would not close the entrance We would mitigate traffic, or we would work at hours that would not impact, like start at 7 00 in the morning so that we would not impact the customer vehicular traffic that's going in and out of that intersection Council Member Nacy: Okay, thank you Mayor Burk:All right,thank you Is there a motion at this point? Vice Mayor Steinberg: [unintelligible] Mayor Burk: Oh, sorry We got to close the heanng Thank you Vice Mayor Steinberg: [unintelligible]and the public yet Council Member Nacy:You got to ask Mayor Burk: I'm not closing it because I didn't ask the public There was nobody signed up to speak Is there anybody in the audience that wanted to speak at this point on this topic? No? All right, then now I can close it and is there a motion? Vice Mayor Steinberg: Yes, Madam Mayor, I'd like to make a motion to approve Do I need to read the motion in its entirety? Mayor Burk:Yes Vice Mayor Steinberg:Okay,thank you Motion, I move to approve the proposed ordinance approving rezoning application TLZM-2022-0006, including the concept plan revised through March 151h, 2023, and the proffers dated March 15,", 2023 based on finding that the rezoning is compatible with neighboring properties,consistent with the Legacy Leesburg Town Plan land use and community design goals, consistent with the Town of Leesburg Zoning Ordinance, and consistent with the protection of the health, safety,welfare, and convenience of the community Mayor Burk: Is there a second? Council Member Cummings: Second Mayor Burk: Oh, a tie, okay Vice Mayor Steinberg made the motion and seconded by a Council Member Cummings I heard him first All right, all in favor Members:Aye Mayor Burk: Opposed. That passes 5-0-2. That takes us to our second public hearing Again, I have to read basically the same thing I call to order this June 27°, 2023, public hearing of the Leesburg Town Council Unless there is an objection, I will dispense with the reading of the advertisement If you wish to speak, we ask that you either sign up on the sheet in the hallway outside of the Council Chambers, but if you did not get the opportunity to sign up, we'll give you the opportunity to speak In the interest of fairness,we also ask that you observe the five-minute time limit The green light in front of you will turn yellow at the end of four minutes indicating you have one minute remaining Page 6IJune 27, 2023 At that time, we would appreciate you summing up and yielding the floor when the bell indicates your time has expired Under the rules of orders by this Council, the five-minute time limit applies to all citizens. However, rather than have numerous citizens present remarks on behalf of a group, the Council will allow a spokesperson for the group a few extra minutes In that instance, we would ask speakers when they sign up to indicate their status as spokesperson, the group they represent, and their request for additional time Our procedure for tonight will be, first, there will be a brief presentation by staff about the item before us, and second, members of the public that have signed up to speak will be called to make their comments The public hearing item on tonight's agenda is TLOA-2023-0001,Continuing Care Facilities Scott Parker: Madam Mayor. Members of the Council, once again, I am Scott Parker representing the Town of Leesburg for this item That we have here this evening is the Council in July 26'h of 2022 initiated a Zoning Ordinance amendment with Resolution 2023-092 initiating the ordinance to create definition, establish use standards, and specify appropriate zoning districts for what is called a continuing care facility That is the subject of the ordinance this evening The Planning Commission had a public hearing on the ordinance that we crafted as staff on April 20'^ We had a work session on May 4th Staff answered a series of questions by the PC The only change that was recommended by the PC was the parking ratio for elderly housing as part of a CCF to 0 75 per unit, where staff recommended 0 5 The ordinance in front of you this evening still has the 05 in the ordinance that you were provided The recommendation was garnered by the Planning Commission, and it was recommended on a vote of 6-1-1 A continuing-care facility is a popular and growing development concept that combines housing for seniors with a continuum of care on the same site to provide the opportunities for seniors to age in place which is a term we've heard here before It's known by various names such as continuing care retirement community, et cetera For the purposes of what we're doing, as well as in the County, we have termed it a continuing care facility It's a combination of integrated uses, independent living, assisted living, nursing care, as well as inclusion of certain various accessory uses that can vary wildly Typically, It a nigher age category than active adult living, and the financing mechanisms are about the only thing that's regulated by the state Typically,there's a lot of these facilities that you pay in escrow from a house that you've sold It's put into a deposit that pays for your level of care, et cetera There are other mechanisms, but financing is about one of the only things that the State actually regulates I've included a few examples here They typically have a residential look to them, three stories, four stories, five stones There is a variety My research, which has actually gotten me a lot of invitations to come and visit some of these places on a weekend to see at this point is there is a wide variety of types of facilities that you can have here, but a lot of these are typical of what you found It's more of a residential communal type of a living that is divided up into various areas for the types of use that may or may not be included with a continuing care facility The Town Plan definitely supports this Strategy 332 and Legacy of Leesburg has introduced expanded opportunities for residents to age and place, so Town Plan compliance is not an issue What we try to accomplish with establishing the CCF, we didn't want to create any non-conforming situations, so we tried to use the existing definitions that we have in our ordinance,which is elderly housing, assisted living,and nursing home Memory care for purposes of this particular ordinance can come under the heading of either assisted living or nursing home We have approved them both in the past per zoning interpretation None of these uses are allowed in a combination of each other as found in a continuing care facility They're all allowed in specific zoning districts, but not together Other jurisdictions do vary widely in how they describe and allow these uses,but the common denominator is the allowable uses,the three types independent, assisted, nursing, any combination thereof What we have done is we have included in our ordinance that you have a minimum of two to be considered a continuing care facility for the purposes of our ordinance and trying to get approval The proposed amendments that we're doing is these are the different areas of the ordinance that are going to be amended Article 5 is being amended to establish this use by special exception in the existing R-16 and R-22 Page 7IJune 27, 2023 The special purpose district, which is established as CCF as a special exception within the Medical Center Zoning District Article 8, to establish them as a permitted use with a PRN or a PRC Permitted use in this case meaning, though, it would still have to have a legislative approval via a legislative application rezoning or a modification or concept plan amendment There are use regulations that I'll go over in a minute that we've established There's also some parking regulations that we've created specifically for the CCF, and then there's your definition I'm not going to go through these maps dramatically unless people wish me to They're here for reference These are the venous PRNs in the Town The next map is the various PRCs This is the MC Zoning District There's only one. It's where Lansdowne is, the hospital, Lansdowne Hospital Not a lot of land over there There are R-16 uses in the Town still as well as some R-22 uses where it would be appropriate for this The proposed amendments, we have a definition of a continuing care facility This is where the meat of the matter is These are the proposed use standards We've developed a procedure, the uses.the elderly housing.The density has been in included here based on 24 dwelling units per acre This is modifiable in a P district should it be determined that the size of the property can accommodate it We did it that way on purpose There had been talk about the continuing care facility should potentially have a higher density. Twenty-four was left in, the Planning Commission did not change it What we have done is currently in the ordinance under assisted living, we have a rather interesting way of defining how many beds you can have in an assisted living It goes by so many beds per zoning district We don't want to do that with this. What we're doing is we are going to the, call it intensity Within an assisted living,there's a different model than they used to be there You don't have six and seven people in a room anymore This is, we're calling intensity under density that will be calculated and looked at on a case-by-case basis, but they will be included in the overall density of a CCF The accessory uses that we've shown are listed out here, childcare, which I talked to the State of Virginia about Apparently childcare is part of or adjacent to an assisted or a CCF It's a symbiotic use that actually works together well Convenience, retail, emergency medical office, pharmacy, et cetera, they have to be included in the building with the CCF Not a standalone, it has to be included The recreation and amenity area, this is a bit of a change from the Planning Commission We changed this and it has the same appreciable effect It's a minimum of 250 square feet of outdoor amenity space per elderly housing or assisted living unit This is similar to our multifamily section in our ordinance that exists already This is not an arbitrary number This is created based on what we already include for multifamily units It is modifiable, again, within the PRN depending on whether or not a particular application for an assisted living unit may not necessarily have a need for that, that type of square footage, or it could be more This would be on top of what the open space and amenity areas for a P district already calls for Then parking continuing care facilities will have, my ratios aren't there for parking, but basically, what we are talking about for a CCF is of 0 5 per elderly housing unit plus 0 75 per 1K square feet gross of all the other uses The independent living units will have 0 5 per unit,and then 0 75 per thousand square feet of gross area for everything else, including assisted nursing or the accessory uses that may be included Again, we can look at these individual uses the Planning Commission had recommended 0 75 for elderly housing units, between 0 5 and 0 75 The way we have it calculated seems to be in the ballpark of the various facilities that I looked at when we were looking at this particular ordinance To recap,these are the articles of the ordinance that are being changed that is shown for you right here This is a typical, just with the last 1 minute and 10 seconds that I have, I have a typical floor plans of the way that these are laid out This would be a typical facility that's three,four, or potentially five stories in this particular case This was something that was approved in the County that was never built, but you can see that they do you have the different uses on each side There's roof terraces, et cetera Page 8IJune 27, 2023 The different floor plates will have memory care assisted on one side, elderly on the other, typical in a U type of shape. Wth that, 1 have provided your draft motions here and I will be happy to answer any questions that you may have on this Mayor Burk:All right Does anyone have any questions? Ms. Nacy Council Member Nacy: Thank you Just out of curiosity, the one Planning Commissioner that voted no,what was their reasoning, do you remember?Or did they list it? Scott Parker: The particular Planning Commission Member did not think that memory care and assisted living should be together with independent living Council Member Nacy: Okay Then that goes actually on to my next question lust to wrap my head around it Is it like a 55 and over type community mixed in with or is it like a nursing home mixed in with? Scott Parker: Typically,with a continuing care facility, adult active living is typically your 55 and older, et cetera In this particular case, this is, for purposes of our ordinance, its called elderly housing We left that term in there because we already have it in the ordinance, and we didn't want to recreate the wheel or create any nonconforming situations The age group average of the independent living for a continuing care facility is much higher than 55 It averages,from my research, anywhere from 62 to 70, but that is independent Then that is in one area of the particular facility Typically, what we're looking at with our type of a model that would potentially go in Leesburg as opposed to a more urban environment would have them on one side of the facility, as in you would come in the entrance, you would go one way or go the other way Memory care and assisted living, they would all be on the same property They would not be interspersed with each other, but it is not an active 55 with tennis court being mixed with assisted living Council Member Nacy: Would a better example be like smushing Spring Harbor and Heritage Hall together? Is that more in line with-- Mayor Burk: I wouldn't say smushing [laughter] Council Member Nacy: Placing them together, one would be on one side, and one would be on the other Scott Parker: Yes, ma'am Council Member Nacy: Okay Scott Parker: Yes, ma'am Then potentially with an additional use of a skilled nursing home, nursing facility. or something similar to that Council Member Nacy: Okay,that's wonderful My only other question was under the accessory uses Would you mind pulling that list up? I look at it and I'm like, one of these things doesn't fit in with the others I'm lust wondering how childcare fits in [chuckles] Scott Parker We're doing some research I talked to my contact at the State that regulates daycare centers I had seen that,and I don't know if there are any There's a couple, I think there's one in Fairfax, actually It's a very small accessory facility that is either for the staff there where the kids interact with- Council Member Nacy: Oh,that makes sense Page 9IJune 27, 2023 Scott Parker:-the residents It could be for outside folks as well if they were so inclined The ones that are incorporated are typically very small, and we would look at that and they still have to meet all of the standards of a childcare center in the State that is required, their license, et cetera I was actually surprised to find that it's actually encouraged and has a bit of a symbiotic relationship, that there's programs that the kids do for some of the folks It's a thing Council Member Nacy: No, it would be interesting to see that in play because a lot of those memory care, especially people, really love interacting with children, and it's really important for their brains Scott Parker: We would look at that from the parking and the access, the pickup drop-off, et cetera We don't have anything of that nature quite yet,and then convenience retail would be a small gift shop, that type of a thing, perhaps a medical office for somebody on site, et cetera, or something along that line Council Member Nacy: Ok, thank you Mayor Burk: Mr. Cummings? Council Member Cummings: Yes Are there any opportunities in the way that the amendment is written to do a continuing care facility by-right?Are there any zoning-- Scott Parker No, sr. We had a big discussion about this internally, since there's not a one-size-fits- all,everybody knows if you've got a bank with a drive through,you're going to have a bank with a drive through or fast-food restaurant, you're going to have your lanes These things vary wildly from height, mass, types of use, you could have one that's predominantly elderly housing with a smaller aspect of assisted living It could be the other way around The best part of what we've done here is that in the Euclidean zoning districts, and what I mean by that is the R-16, R-22, MC, it is a special exception so that we can evaluate impacts in case they're adjacent to neighborhoods, et cetera Comes under the heading of all of the dimensional standards, height, set paths, et cetera, but in the P- district, it is a permitted use. which means we have the flexibility to be able to look for it A P-district, which is most likely has the land area or could be rezoned to, in order to incorporate one of these, because a P-district has to have a minimum of five acres to it, in particular We would be able to look at all of that and evaluate how it fits within the property access,et cetera There is not a model to provide for a by-right straight off the gate for this, but there is flexibility built into this for the legislative approvals that we're talking about Council Member Cummings:That is consistent with the other localities that you studied as far as their own process of zoning for some sort of continuing care facility? Scott Parker: Some yes, some no, sir, to be quite honest because of their other zoning districts are probably not the same I think in Washington DC, if you come in and check some boxes off,then you'll get it, but their development procedures would vary wildly from ours anyway I don't think ours are any more onerous or any more burdensome In fact, probably a little bit more flexible than some I have such as Fairfax because for example, if you wanted to build one of these in Fairfax,they have a special Board that this has to be approved by and then goes to the Board of Supervisors Council Member Cummings: Then the 24 units per acre on the density, where did you all pull that number from? Scott Parker: The highest density that we have in our Zoning Ordinance is the R-22, at this point, at 22 units per acre You can ask within a P-district,we do believe the Potomac Station and a couple other P distncts are probably a little bit higher than that all told together, but that number was provided based on that was the highest allowable density It is modifiable within a P-district If 30, 35, which isn't out of the question quite honestly, a continuing care facility very easily given the size of the units could exceed that and we'll look at that as the Page 10]June 27, 2023 appropriateness of the use because you don't have as much traffic burden, particularly with assisted living and nursing, et cetera If the density was raised a little bit or talked about whatnot that's not something staff would push back on Council Member Cummings: Then the amenities,you talked about the percentage of the acreage for amenities based off of our multifamily ordinance, again, is that consistent with other localities zoning for a continuing care facility? Scott Parker: Most of the other jurisdictions I researched had some sort of provision for open space or amenity, but it vaned wildly I think the common denominator is that it had to be provided for whether it's percentage of acreage, number of units,type of units, square footage per units, its all over the map on that one Council Member Cummings: Is that something an applicant can ask for modifications on? Scott Parker:Yes, sir Yes, sir For example, if--well, I'll just--yes, sir That is modifiable Council Member Cummings:Thank you Mayor Burk: Mr Wilt? Council Member Wilt:Thank you Scott, I wanted to pick upon the question about the by-nght zoning, so I understand this On slide 12,we're showing-- Scott Parker: I'm sorry Which one are we on? Council Member Wilt:That was the amendments, slide 12 Scott Parker Yes I've got the numbers down here, but there's a small can't even see without glasses Council Member Wilt:Yes Scott Parker: Well, I see Council Member Wilt: Those are establishing CCI as a permitted use within the PRN and PRC districts,but you're saying the-- I guess the terminology We clear out You're saying there's no by-nght Scott Parker: I'll clarify that for you sir A PRN or a PRC has a list of permitted uses that you can ask for, but a Planned Development District is by in its very nature a legislative application It is permitted within a P-district to be asked for, or in the case of with Meadowbrook for a concept plan amendment in order to ask for it Council Member Wilt: Okay, but what's that process? I'm not an expert in the special exception process of a minor, but I've heard from constituents that special exception processes take one to two years and tens to hundreds of thousands of dollars of expense on their end Scott Parker: I don't think its that I don't know about the internal costs from it, but a special exception is a legislative application that you would typically find with a bank,with a drive thru fast-food restaurant, other uses in the ordinance that are considered special exceptions It is a legislative application which requires a recommendation from the Planning Commission,advertising to the public,and then approval by the Town Council The rezoning or amendment to a rezoning in a special exception would have similar process Unless there's a significant problem with an application or an applicant has taken a significant amount of time to hold on to it, I don't know any special exceptions that have taken two years.We typically tell Page 11]June 27, 2023 folks that if we have a good clean application, we can do the special exception process eight, nine months No more than a year Council Member Wilt: Okay What are the elements that need to be reviewed on this type of use, and what's the concern that we would want to take nine months to a year to review it? Scott Parker The concerns that staff would look at would be the layout, design, height, parking, dimensional standards, setting, whether it's adjacent to a residential neighborhood or not Now, I'm talking special exception for this aspect of it Traffic inflow and outflow, how it impacts the roads, et cetera With a P-district, it is basically to establish all of the dimensional standards that the process is to establish The footprint, the parking layout, the design, the interaction with the rest of the uses gets in this mixed-use development Typically, the review process is there's a lot of facets to it It depends on a lot of factors, as you're probably aware, with State-mandated timelines for review and advertising, as well as having to go to the Planning Commission Council Member Wilt: Okay What's the category of a minor special exception? That's not applicable here? Scott Parker: Well,we have not made the minor special exception applicable here The minor special exception was added to the ordinance for smaller use types of uses to take some time off the process such as vet clinics, veterinary clinics type of uses That basically takes the Planning Commission out of the process. That particular application would still be a legislative application but would come straight to the Town Council That takes about half of the timeline out of it because it doesn't have to go to the Planning Commission Council Member Wilt: Okay Maybe not use the word concern, but we can't find a way to make this a by-right or a more quicker process, that's every single element will be pushed through a special exception process of anyone who wants to do mis, provide a service Scott Parker: In an R-district and an R-16 or 22 or Medical Center, it would be a special exception and then it would be a concept plan for P-district Yes, sir Given the breadth of what these could be and given how they have evolved,we were thinking that the oversight for the Planning Commission and the Council to have on that was important Obviously, it's up to the Council to determine, but we didn't necessarily as staff see an acceptable path forward to having staff just be the only oversight of this type of use, given the variety of things that it could be as opposed to other things you might find That was the sole reason Council Member Wilt:All right Thanks, Scott Scott Parker: Yes, sir Mayor Burk: I have a couple questions here and unfortunately, I'm very familiar with this I have gone through this with a sister and have been in nursing homes and assisted living homes, and independent living facilities in Fairfax and Loudoun County We definitely need this here in Leesburg, but it is very important to have oversight of these These are residents that are very vulnerable, and we need to make sure that we've looked at everything and everything is the way it should be The Planning Commission felt like the housing should be at 0 75 and staff went with 0 5 What's the difference's What difference would that make?Give me an example if you could Scott Parker: Let me see Give me one moment I think that its a-- Mayor Burk: I think Mr David Is coming to your rescue Scott Parker: He may have to do that because I'm going to have to do math, and nobody needs that Page 12IJune 27, 2023 James David: Good evening The reason that staff stayed with that 0 5 per elderly unit is because that's just one component of the overall parking requirement for the overall facility You do pick up the 0 75 per thousand square feet as well That covers the balance of the uses We had the benefit of talking with some developers that are interested in putting one of these in Leesburg. They ran the calculations based on the PC's numbers They found that that was a significant overabundance of parking for their typical market rate models Even what we have proposed today,they anecdotally said that's more than we would typically provide if the market just dictated the parking We took that to heart because it's always good to test what we're trying out in the Zoning Code We felt like it meets the right parking requirement Mayor Burk: Now, in the independent living, many of the residents still had cars Some of them didn't drive those cars and they stayed parked a lot, but they did have cars When you went to the assisted living, it dramatically drops. I'm just a little concerned about that aspect of it Then when you have the section on the proposed amendment, elderly housing, and you have one per four dwelling units. If the housing is provided with 1,320 feet of a shopping center, personal services, and other necessary support services,or if ongoing van pool services are provided to the residents,that's a concern because on many of the facilities that we dealt with, they said they had van service, they had a van, but they didn't have staff. They didn't have enough staff to be able to drive the residents to different places That wasn't available really It concerns me to have that included as part of the consideration 1 don't know how you would ever check it out and say, are you really using it or is it just for show?That was a common denominator in many of the facilities that we dealt with I don't know how to solve that aspect of it There are lots of different models and lots of different ideas on this and lots of different perspectives on it I personally would think that this was not a candidate for by-right These are very vulnerable people, and we need to make sure that we are giving them the facilities that would be appropriate for them I would not want it to get to a point where it was just staff driven, no offense Again, the ideas that people have in regard to these facilities are great and we do need them here in Leesburg because when you go from independent living to assisted living, and if you don't have that there you have to go somewhere else, so you lose all your friends that you made in that facility Whereas if they're near each other, you can still interact and continue those relationships which are very important to strong mental health Those would be my concern I don't know how you would deal with the vanpool, but that was one concern because it did I can't tell you how many of the facilities, it was there, but it didn't work because they didn't have the staff Staffing is such a big problem in these facilities James David: Understood We really appreciate your insight from your personal experience and something we can carry forward as we look at the special exception process and these rezonings as these come in that make sure that maybe that provision is in the proffers if it's a rezoning or if it's a condition of approval for special exception to have that vanpool service. I'll add that Also, the benefit of a special exception, you do have a public process associated with that Mayor Burk: Which is really important James David: These tend to go into areas where you do have existing neighborhoods nearby Just another step of being transparent Mayor Burk:Thank you All right Thank you. Is there anyone that would like to make a motion on this? Oh, I did it again See, I get so into the discussion I'm sorry Is there anybody in the audience? No, nobody signed up Is there anybody in the audience that would !rice to speak? Yes, sir Please come forward Bruce DeAtley:Good evening My name is Bruce DeAtley I'm with Whitehall Partners I'm here tonight representing Traditional Land in Meadowbrook Neighborhood Center We've been working with the staff Page 13IJune 27, 2023 on this concept for I guess three or four years We strongly support the work that they've done They've done an outstanding job I think of trying to synthesize the uses they found in their own research and the information we provided them I think there's a flexibility inherent in the draft text that I think will be very helpful for any developer to be able to provide this type of use That said, there are two elements that you all have already identified that we think should be given consideration, if not now, but, then in the future when you're rewriting the Zoning Ordinance The first is the density That is really also bed in with the amenity area because the standard they used in coming up with the density of 24 units per acre,and the acreage for the amenity area was based on a standard multifamily density.As has already been suggested,for this type of use,the density can be much greater than that Actually,one of the examples they provided where they had the two wings that exhibit, I don't know if you can put that backup That density is almost 40 units per acre That's a standard type of density Somewhere in the 35 to 40 units per acre for this type of use Again, because the draft amendment does have the potential to modify the density, it's not an overriding concern, but just something I think you should consider if not now in the future Also,the same is true for the amenity area,particularly in the P-districts As you know, the P-districts are required to have 25% open space right off the top If you add another equivalent of 20%,that takes 45% going towards open space and amenity area We think the better standard is to try to establish a base threshold which we would recommend being the 8K to 10K square feet range Then focusing on a square footage per independent unit Again, I'm referring primarily to the P-districts We absolutely understand why you would want to have a much higher level for the R-districts because there's no open space requirements similar to what is required for the P-districts We appreciate your time and again, I really do want to commend the staff for the work that they've done Thank you Mayor Burt Thank you very much All right Is there anyone else in the audience that didn't get a chance to sign up that would like to speak?Nobody coming forward,then I will close this public hearing Drrwe have a motion?Okay, Mr Cummings? -- --- - -- - Council Member Cummings: Sure I move to approve the proposed Zoning Ordinance amendment TLOA-2023-0001, revising Articles 5, 7, 8, 9, 11, and 18 for the purpose of establishing a Continuing Care definition and regulations based on the findings that the amendment further objectives of the Town Plan, and that the proposal would serve the public necessity, convenience, general welfare, and good zoning practice Mayor Burk: Is there a second? Council Member Cummings made the motion, seconded by Vice Mayor Steinberg All in favor indicate by saying aye Members: Aye Mayor Burk: I'm going to say aye, although I do still have concerns about the parking This is our first attempt at this, so I'm not going to stop it from happening, so I will vote with this also Vice Mayor Steinberg: Can we [unintelligible]? [laughter] Mayor Burk: Yes Opposed?That passes 5-0-2 Thank you, Mr Parker, I believe that was your last one Scott Parker: I'll do the next one Mayor Burk: Oh, is that right?All right The next one is Amending the Town Code That's Number 3 This is amending call to order this June 27^, 2023, public hearing of the Leesburg Town Council Yes, I have to read it all over again, unless there's an objection, I will dispense with the reading of the Page 14IJune 27, 2023 advertisement If you wish to speak,we ask that you either sign upon the sheet in the hallway outside of the Council Chambers, but if you did not get the opportunity to sign up,we'll give you the opportunity to speak In the interest of fairness,we also ask that you observe the five-minute time limit The green light in front of you will turn yellow at the end of four minutes, indicating that you have one minute remaining At that time, we would appreciate your summing up and yielding the floor when the bell indicates your time is expired Under the rules of orders adopted by this Council, the five-minute time limit applies to all citizens However, rather than having numerous citizens present remarks on behalf of the group,Council will allow a spokesperson for the group a few extra minutes In that instance, we would ask speakers when they sign up to indicate their status as spokesperson, the group they represent and the request for additional time Our procedure for the public hearing is as follows First,there is a brief presentation by staff about the item before us, and second, members of the public that have signed up to speak will be called to make their comments The public hearing item on the agenda for tonight is Amending the Town Code Chapter 20,Article 6, Transient Occupancy Tax, Mr Case Clark Case: Good evening, Mayor Burk,Vice Mayor Steinberg, Members of the Council,and members of the public My name is Clark Case I'm the Director of Finance Administrative Services for the Town I'm here to introduce the public hearing for the amendments for the Transit and Occupancy Tax, known as TOT The State Legislature has been amending the statutes for TOT over the last three years to-- due to the increasing prevalence of bookings and payments that are coming through Airbnb booking, Holdings,VRBO, and Expedia Group,which are called accommodations intermediaries in the Code They're basically Web sites that take bookings for people who are renting out homes or apartments or townhomes The Legislature approved amendments on March 23rd, to address the administration collection of TOT from these third-party platforms Beginning on July 1m, 2023,the Town will have new reporting requirements to the State regarding the local TOT tax rates, but the additional reporting requirements are not material to the Town's work plan The State has,over the last three years, passed a number of amendments The taxable amount is required to include the price paid for the lodgings, including any fees to the intermediary They're basically setting definitions in the statutes Intermediaries are responsible for collecting and paying the taxes, where the intermediary actually makes the sale, and the intermediaries are responsible for properly reporting the addresses of the places that are being rented back to the Town The intermediaries must file TOT returns and make payments on a monthly basis This is to standardize the collection practices between all the different towns The Town must enable proper filing by reporting our tax rates to the State Department of Taxation,effective July 21m Before July 1st, of 2023,the State is required to annually publish the current rate of the local tax,TOT tax, for each county, city in the Town As a result,we have to report any changes to our tax rates to the State 30 days before it goes into effect If we fail to do so, we won't be able to collect the taxes until we've done so The amendments are aimed to ensure the proper and standardized collection of TOT taxes and aligning the Town Code with the States current definitions and requirements The proposed amendments do not include any changes to the existing TOT tax rates imposed by the Town With that, I'll answer any questions you may have Mayor Burk: Thank you Thank you very much Any questions on this particular item?Well, you were so good. You explained it all, they have no questions Is there anybody in the public that would like to speak at this point on this topic? Seeing that nobody has come forward, I will close the public hearing See, I did it right I'll ask for a motion Council Member Nacy: Its my turn I moved to approve the Ordinance Amending Town Code Chapter 20,Transient Occupancy Tax[laughs[. Mayor Burt Article VI Okay Who's the second? Page 15IJune 27, 2023 Vice Mayor Steinberg: Second Mayor Burk:Second,Vice Mayor All in favor?Opposed?That passes 5-0-2 That takes us now to any items for future Council meetings Let me get this wording, so I have it right Excuse me, I got different papers here Future Council meetings and Agenda Topics Mr Wilt,anything? Council Member Wilt: No Mayor Burk: Ms Nacy? Mr. Cummings? Council Member Cummings: Nothing Mayor Burk: Mr Vice Mayor Steinberg? Vice Mayor Steinberg: No comments No disclosures No additions Mayor Burk:All right I have a couple of things I want to welcome On the June 15th,we had three new Police Officers sworn in I want to welcome them, and I know that they'll be a great addition to the Leesburg Police Department On the 17'h, we had here in Leesburg, a Juneteenth celebration I want to thank Irvin Greene and the Berg Family reunion for organizing such a celebration and remembrance of the freedom of all the enslaved people. June 171h, I read the proclamation that we passed here on the dais for the Loudoun County Reserves This was organized by the Sons of the American Revolution I want to thank them for doing this every year and for recognizing history as an important element here in Leesburg.June 20'h was Voting Day, and I want to thank all candidates that put their names forward, and democracy does work Thanks to Gary Clemens because on the 23f1 he invited me to participate in Law Camp I was on the Jury, so was on that same Jury, was Chair Randall. We went in with one opinion, and we left with the opinion that the Chair and I had, and the defendant was found not guilty It was wonderful to see what these kids,these high school kids could do and how they could do it It was a lot of work for them They did a lot of research They presented arguments that were logical and went with the law, and it was truly inspiring It's always a great event, and I want to thank Mr Clemens for inviting me to participate On the 2411 Reverend Trammell invited me to come and attend a baptism that was held in Tuscarora Creek It was most certainly very interesting and very exciting for the congregants I have to say, I've never participated in something like that, and I don't think I've ever been in Tuscarora Creek It went very well, and everybody was very excited I want to congratulate Reverend Stinger from the Mount Olive Baptist Church, He has been their pastor This is his anniversary of 33 years being the pastor of this church A great man for a great church, it most certainly worked out He's a local, he was born here, grew up right up the street and so it's great to see someone from here doing so well Then I want to thank Congresswoman Wexton and Senator Kaine for meeting us at the Airport Vice Mayor Steinberg and I met them along with staff, and we took them, showed them the new, I won't say improved, but the new air traffic situation We talked about funding to get the permanent tower and also funding to try to help alleviate some of the cost of the temporary tower it was a very good meeting,they went back with a better understanding and I'm thankful that they came Thanks to Scott Coffman for doing such a good Job of presenting the fnTormation and Chris Spera who explained all the legal stuff that none of us understood.We appreciate you being there Thank you That is all I have Town Manager? Kaj Dentler: Just one comment Basically, next Tuesday is July 4th Mayor Burk:That's right Kaj Dentler: We have the parade in the morning We have the concert and fireworks in the evening Hopefully,for those of you who are in Town, are able to participate If you're going ride on the float and haven't told the staff yet, please do Then I believe at one o'clock we're planning to do a brief dedication Page 16IJune 27,2023 ceremony at Freedom Park for the hometown banners that the VFW has put up I have forwarded you the pictures The banners are already up good at the park and one of them is, I think you'll be pretty proud of when you see them all Thank you very much for your support Mayor Burk: Motion to adjourn? Council Member Nacy- So moved Mayor Burk:That was such a hesitation Vice Mayor Steinberg:We don't want to leave Mayor Burk: I guess not Is there a second? Vice Mayor Steinberg: Second Mayor Burk: All in favor? Members:Aye Mayor Burk: Opposed?All right,we are adjourned Thank you all Page 17FJune 27,2023