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HomeMy Public PortalAbout2023_tcmin0912COUNCIL MEETING September 12, 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 and Mayor Kelly Burk. Council Members Absent: Patrick Wilt. Staff Present: Deputy Town Manager Keith Markel, Town Attorney Christopher Spera, Assistant Town Manager Kate Trask, Director of Public Works and Capital Projects Renee LaFollette, Director of Parks and Recreation Rich Williams, Director of Plan Review Bill Ackman, Director of Economic Development Russell Seymour, Leesburg Police Major Vanessa Grigsby, Leesburg Police Lieutenant Bob Thompson, Leesburg Police Lieutenant Chris Vogel, Deputy Director of Planning and Zoning Brian Boucher, Deputy Director of Utilities Brian Stone, Management and Budget Officer Cole Fazenbaker, Management and Budget Analyst Liz Weaver, Project Manager Chris Murphy, Senior Planner Rich Klusek and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Cummings. 3. SALUTE TO THE FLAG was led by Vice Mayor Steinberg. 4. ROLL CALL a. Council Member Wilt absent. 5. MINUTES a. Work Session Minutes of August 7, 2023 MOTION2023-149 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the August 7, 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 and Mayor Burk Nay: None Vote: 6-0-1 (Wilt absent) b. Regular Session Minutes of August 8. 2023 MOTION2023-150 On a motion by Council Member Bagdasarian, seconded by Council Member Nacy, the August 8, 2023, Regular Session minutes were moved for approval. 11 Page COUNCIL MEETING September 12, 2023 The motion was approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nary, Vice Mayor Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Wilt absent) 6. ADOPTING THE MEETING AGENDA MOTION2023-151 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the meeting agenda was moved for approval. Council Member Nacy requested items 13.a. — Annual Capital Funding Request to the County of Loudoun - Fiscal Year 2025, 13.b. — Special Event Fee Waiver for the 2023 Crossroads Music Festival and 13.c. — Appointment to the Diversity Commission be moved to the Consent Agenda. There were no objections to moving these items to consent. The motion as amended to include items 13.a., 13. b. and 13.c. on the consent agenda, was approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg and Mayor Burk Nay: None Vote: 6-1 (Wilt absent) 7. CERTIFICATES OF RECOGNITION a. None. S. PRESENTATION OF PROCLAMATIONS a. Constitution Week MOTION2023-152 On a motion by Council Member Cummings, seconded by Council Member Nary, the following was proposed: I move to approve the Proclamation for Constitution Week to be presented at the September 12, 2023, Town Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg and Mayor Burk Nay: None Vote: 6-1 (Wilt absent) Ms. TC Strasser with the Mary }lemmings Bell Chapter of the Daughters of the American Revolution accepted the proclamation and made a few remarks. 2IPage COUNCIL MEETING September 12, 2023 9. PRESENTATIONS a. Commission on Public Art 2023 Annual Report Commission on Public Art Chair Jeanette Ward presented Council with the Commission on Public Art Annual Report. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioner's Section opened at 7:17 p.m. Amy Bobchek. 719 Emerald Hill Drive NE. Spoke to Council about the BENEFIT organization and the Crossroads Music Festival being held in Leesburg on September 15 and 16. The Petitioner's Section closed at 7:22 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION2023-153 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the following consent agenda was proposed: a. Airport Apron Paving Project RESOLUTION2023-112 Award a Construction Contract to Chemung Contracting Corporation in the amount of $4,442,035 for the Airport Apron Paving Project and RESOLUTION2023-113 Approve Two Task Orders to TranSystems Corporation in the amount of$273,583 and $23,944 for Construction Management, Engineering and Inspection Services far the Airport Apron Paving Project b. Town Attorney's Employment Contract MOTION Motion to Approve a 4% Pay Increase for the Town Attorney Effective August 17, 2023, as Additional Compensation in Accordance with the Town Attorney's Contract c. Belt Filter Press Refurbishment at the Water Pollution Control Facility RESOLUTION2023-114 Authorizing the Sole Source Procurement for the Refurbishment of the Existing Belt Filter Press at the Water Pollution Control Facility to Andritz Separation, Inc. and Authorizing the 31 Page COUNCIL MEETING September 12, 2023 Execution ofa Contract between the Town of Leesburg and Andritz Separation, Inc. in the amount of $234,156 to Refurbish the Existing Belt Filter Press at the Water Pollution Control Facility d. Annual Street Milling and Resurfacing Contract Award RESOLUTION2023-115 Awarding the Annual Street Milling and Resurfacing Contract to Arthur Construction Co., Inc. of Dulles, Virginia in the amount of$500, 000 and Appropriating 8245,304.50)5.m Fiscal Year 2023 to Fiscal Year 2024 e. Supplemental Appropriation from the Electronic Summons Reserve RESOLUTION2023-116 Approving a Supplemental Appropriation in the amount of$50, 000from the Electronic Summons Reserve for Related Expenses and Equipment by the Leesburg Police Department f Virginia Department of Transportation Fiscal Years 2027 and 2028 Revenue Sharing Program and the Fiscal Years 2025 and 2026 Transportation Alternatives Program Funding Application Endorsements RESOLUTION2023-117 Endorse the Application for the Virginia Department of Transportation Fiscal Years 2027 and 2028 Revenue Sharing Program Funding for the Royal Street Improvements Project and RESOLUTION2023-118 Endorse the Application for the Virginia Department of Transportation Fiscal Years 2027 and 2028 Revenue Sharing Program Funding for the Traffic Signal Fiber Connections Project and RESOLUTION2023-119 Endorse the Application for the Virginia Department of Transportation Fiscal Years 2027 and 2028 Revenue Sharing Program Funding for the Church Street Missing Link Sidewalk Project and RESOLUTION2023-120 Endorse the Application for the Virginia Department of Transportation Fiscal Years 2027 and 2028 Revenue Sharing Program Funding for Milling and Paving and 4IPage COUNCIL MEETING September 12, 2023 RESOLUTION2023-121 Endorse the Application far the Virginia Department of Transportation Fiscal Years 2025 and 2026 Transportation Alternatives Program Funding for the Catoctin Circle Sidewalk Project g Suplemental Appropriation of School Proffrs to Complete Walking Track Projects RESOLUTION 2023422 Supplemental Appropriation of School Proffers in the amount of $320,620 to Fund the Completion of Three Walking Track Projects by Loudoun County Public Schools Appointment to the Airport Commission — Timothy Baker (Council Member Cimino - Johnson) RESOLUTION2023-123 Appointing Timothy Baker to the Airport Commission Appointment to the Board of Architectural Review - John Paul Andrews (Council Member Wilt) ORDINANCE 2023-0-018 Appointing John Paul Andrews to the Board of Architectural Review j. Appointment to the Commission on Public Art — Allison Wiese (Council Member Cummings) RESOLUTION2023-124 Appointing Allison Wiese to the Commission on Public Art Appointment to the Commission on Public Art — Lindsay Tuck (Council Member Cimino - Johnson) RESOLUTION 2023425 Appointing Lindsay Tuck to the Commission on Public Art Appointment to the Economic Development Commission —Robert Cunningham (Council Member Cimino -Johnson) RESOLUTION 2023-126 Appointing Robert Cunningham to the Economic Development Commission Appointment to the Technology and Communications Commission — Eric Whyne (Council Member Cimino -Johnson) RESOLUTION2023-127 Appointing Eric Whyne to the Technology and Communications Commission 51 Page COUNCIL MEETING September 12, 2023 n. Construction Phase Services for Sanitary Sewer Pump Station Upgrades RESOLUTION2023-128 Awarding a Task Order in the amount of$229, 800 to Dewberry Engineers to Provide Construction Phase Services for Sanitary Sewer Pump Station Upgrades o. Authorizing Town Manager to Pursue Permits Necessary to Allow "Bring Your Own" Alcohol Consumption at Town -Sponsored Summer Concert Series RESOLUTION 2023-129 Authorizing Staff to Pursue Fern:its Necessary to Allow "Bring Your Own" Alcohol Consumption at Town -Sponsored Summer Concert Series p P. Annual Capital Funding Request to the County ofLoudoun - Fiscal Year 2025 RESOLUTION2023-130 Annual Capital Funding Request to the County ofLoudoun for Fiscal Year 2025 Special Event Fee Waiver for the 2023 Crossroads Music Festival RESOLUTION2023-131 Waiving Special Event Fees for the 2023 Crossroads Music Festival Appointment to the Diversity Commission — Lisa Marie Bantle RESOLUTION2023-132 Appointing Lisa Marie Garrick to the Diversity Commission Council Member Bagdasarian abstained from the vote due to his affiliation with the Crossroads Music Festival and the related request in item 12.p. — Special Event Fee Waiver for the 2023 Crossroads Music Festival. The consent agenda was approved by the following vote: Aye: Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg and Mayor Burk Nay: None Vote: 5-0-1-1 (Wilt absent, Bagdasarian abstain) 13. RESOLUTIONS /ORDINANCES / MOTIONS a. None. 14. PUBLIC HEARINGS a. TLSE-2022-0008 Meadow Glen Assisted Living Facility Expansion The Public Hearing opened at 7:26 p.m. Mr. Chris Murphy presented Council with a special exception application for Meadow Glen Assisted Living Facility to expand their facility located at 135 Dry Mill 61 Page COUNCIL MEETING September 12, 2023 Road to accommodate new operational efficiencies and to meet increased demand for services. Council and staff discussed the special exception application. Public Speakers: There were no speakers wishing to address Council. The public hearing was closed at 7:37 p.m. MOTION2023-154 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the following was proposed: 1 move to approve the Resolution, approving special exception application TLSE-2022-0008 Meadow Glen of Leesburg, 315 Dry Mill Road S. W, with conditions, on the basis that the application meets the approval criteria of Zoning Ordinance section 3.4.12 and the proposed use is compatible with neighboring properties, consistent with applicable regulations of the Leesburg Legacy Town Plan and Town of Leesburg Zoning Ordinance, and is consistent with the protection of the health safety, welfare, and convenience of the community. RESOLUTION2023-133 Approving Special Exception TLSE-2022-0008 Meadow Glen at Leesburg, to Allow the Expansion of an Assisted Living Residence Facility in the R-4, Single -Family Residential Zoning District The motion was approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Wilt absent) Mr. Robert Sevila, representative for the applicant, made a few remarks to Council after the public hearing regarding the issue -free process. b. TLZM-2022-0005. Leegate Commercial (Lidl at Tuscarora Village). Rezoning (Concept Plan and Proffer Amendmentl The Public Hearing opened at 7:38 p.m. Mr. Rich Klusek presented Council with a Concept Plan amendment to allow for an approximately 30,500 square foot grocery store, a second retail/office building of up to 17,000 square feet on the site, a proffer amendment to amend the phasing plan for residential and commercial uses, and the delivery triggers for certain recreational amenities. 7 I Page COUNCIL MEETING September 12, 2023 Ms. Molly Novotny, Urban Planner for Cooley, made a presentation to Council on behalf of the applicant. Council Member Cimino -Johnson expressed concerns with the developer Stanley Martin regarding the current state of the neighborhood including final topping of the roadways, communication between the developer and the community, resident connectivity to the new trail, maintenance of the commercial park area and traffic concerns. Council, staff and Ms. Novotny discussed the amendments. Mr. Mike Ames, Director of Land Development for Stanley Martin, answered questions regarding the remaining residential units, sitework and final topping of the interior road network within Tuscarora Village. Council Member Cimino -Johnson disclosed that he is a resident of Tuscarora Village but felt he could fairly and impartially vote on this item. Public Speakers: Leslie Kay 1016 Cantina Terrace SE. Spoke to Council as a resident of Tuscarora Village and expressed concerns about traffic, speeding and pedestrian safety in the area around the neighborhood. The public hearing closed at 8:11 p.m. Council and staff discussed the amendments. MOTION2023-155 On a motion by Council Member Cummings, seconded by Council Member Bagdasarian, the following was proposed: I move to approve the proposed Ordinance, approving rezoning application TLZM-2022-0005 including the Concept Plan revised through August 23, 2023 and the proffers dated and revised through September 7, 2023 based on finding that the rezoning is compatible with neighboring properties, consistent with the applicable guidance of the Legacy Leesburg Town Plan and regulations of the Town of Leesburg Zoning Ordinance, and is consistent with the protection of the health, safety, welfare, and convenience of the community. ORDINANCE 2023-0-019 Approving TLZM-2022-0005 Leegate Commercial Concept Plan and Proffer Amendment to Allow a Grocery Store and Other Commercial Uses and to Amend Project Phasing Council and staff discussed the proposed motion. 8 Page COUNCIL MEETING September 12, 2023 The motion was approved by the following vote: Aye: Bagdasanan, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Wilt absent) 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Cummings requested a Work Session discussion on the use of speed cameras in school zones. It was the consensus of Council to add this as a future Work Session discussion. Council Member Cimino -Johnson requested a Work Session discussion on improved signage, potential stoplight, and possibly lowering the speed limit on Fort View Road. It was the consensus of Council to add this as a future Work Session discussion. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk thanked the Town staff for a well done 9-11 Remembrance Ceremony. Mayor Burk said she was looking forward to seeing everyone at the Crossroads Music Festival. 19. TOWN MANAGER COMMENTS a. None. 20. CLOSED SESSION a. None. 21. ADJOURNMENT On a motion by Vice Mayor Steinberg, seconded by Council Member Cummings, the meeting was adjourned at 8:17 p.m. Kelly urk, yor Town of Leesburg ATTEST: Clerk nail 202J mmin0912 91 Page [September 12, 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 the September 12, 2023. If anyone in the room needs hearing assistance, please see the Clerk. Council Member Cummings will be giving the Invocation, followed by salute to the flag by Vice Mayor Steinberg. Council Member Zach Cummings: Thank you. 22 years ago yesterday, our nation fell under attack, and so I just wanted to take a few moments, all of us individually to just, moment of silence, prayer, whatever you want to do, just to honor those folks who gave the ultimate sacrifice for our Country that day, and the thousands more that have perished because of the effects of September 11th, even till today. So just a moment of silence. [pause] Council Member Cummings: Thank you. Mayor Burk: Please stand. 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 members are present with the exception of Mr. Wilt. I did not hear anything. Eileen, did you hear anything? He's net going to be here? Okay. I have two sets of minutes, the working session minutes of August 7th. Do I have a motion to accept them? Vice Mayor Neil Steinberg: So moved. Mayor Burk: Vice Mayor Steinberg, Second? Council Member Kari Nacy: Second. Mayor Burk: Council Member Nacy. All in favor, indicate by saying aye. Council: Aye. Mayor Burk: Opposed? That passes 6-0-1. Our regular session minutes of August 891, do I have a motion? Council Member Ara Bagdasarian: So moved. Mayor Burk: Council Member Bagdasarian. Second? Council Member Nacy: Second. Mayor Burk: Council Member Nacy is taking that role. All in favor? Council: Aye, Mayor Burk: Opposed? 6-0-7. Do I have a motion to adopt the meeting agenda? Vice Mayor Steinberg: So moved. Mayor Burk: Okay. That's Vice Mayor Steinberg. Second? Page 1 [September 12, 2023 Council Member Nacy: Second. Mayor Burk: Council Member Nacy. Are there any amendments or deletions? Council Member Nacy: Yes. Madam Mayor, I would like if we could, could we move 13A, B, and C, Alpha, Bravo, and Charlie, to the consent agenda. Mayor Burk: Does anyone have an issue with moving those items to the consent agenda? Keith Markel: Would we want to hold off on moving the fee waiver of the Crossroads? We're going to move -- Mayor Burk: No. We're good. Mr. Bagdasarian knows he has to recuse himself because of that particular -- Keith Markel: Oh, for the whole package. Mayor Burk: Does anybody have an issue with that? All in favor indicate by saying aye to the change? Council: Aye. Mayor Burk: Opposed? Recusal? [laughter] Chris Spero: You can vote on the [inaudible] Mayor Burk: How do I say that? Chris Spera: 6-0-1, adopting the agenda [inaudible] get down the consent. Mayor Burk: Okay. All right. I got it now. Thank you. We have one proclamation for today. It's Constitution Week, and we have a substitute acceptor. I guess some people are caught in traffic, so TC Strasser is going to be accepting tonight. Can I have a motion to approve? Council Member Cummings: So moved. Mayor Burk: Council Member Cummings. Second? Council Member Nacy: Second. Mayor Burk: Council Member Nacy. All in favor? Council: Aye. Mayor Burk: Opposed? That's 6-0-1. I am going to go down to present this proclamation at this point, if I can find it. Before I go any further, I need to read to the public that the Town is experiencing an audiovisual issue that is preventing video from being displayed on the cable TV channels and on the Web cast. Town staff is working to correct the issue as quickly as possible. In the meantime, if you need closed captioning or a copy of tonight's presentation, please visit the Council's agenda page on the Town's Web site. We hope to get this fixed as soon as we can, but it is a process, and we hope by the next meeting, we should have it fixed, maybe, hopefully. All right, so let me go down here and present this. [silence] Page 2ISeptember 12, 2023 I forgot to read it up there, so I'm going to read it down here. If you don't mind coming over and joining me. This proclamation is for Constitution Week, which is September 17th to the 23itl. It says, "Whereas the United States Constitution stands as a testament to the tenacity of Americans throughout history to maintain their liberties, freedom hence an inalienable rights. Whereas it's a privilege and the duty of the American people to commemorate the anniversary of the drafting of the Constitution of the United States of America with appropriate ceremony and activities. Whereas it is fitting and proper to a court official recognition of this magnificent document and this memorial anniversary into the patriotic celebrations, which will commemorate it. Whereas, we recognized Mary Hemmings Bell Chapter of the Daughters of the American Revolution as accepting this proclamation, and whereas the tradition of celebrating Constitution was started many years ago by the National Society Daughters of the American Revolution. In 1955, the DAR petitioned Congress to set aside September 17'^ to the 23id annually for the observance of the Constitution Week. [phone ringing] That's my phone, I'm sorry. Congress later adopted a resolution to do so, and Public Law 915 was signed into law on August 2n°, 1956, by President Dwight D. Eisenhower. Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia do hereby proclaim the week of September 17th to the 23'°, as Constitution Week in the Town of Leesburg, and urge all citizens to study the Constitution and to reflect on the privilege of being the American with the rights and responsibilities, what that privilege involves. Proclaimed this 12th day of September 2023. I would like to give this to you- TC Strasser: Thank you. Mayor Burk: -and you are a representative from the DAR. TC Strasser: Yes, ma'am. Mayor Burk: Would you like to say a few words? TC Strasser: Just that we as the Mary Hemmings Bell New Chapter, two and a half years, greatly appreciate you guys taking the time to do this for us. Mayor Burk: Thank you very much. I know Saturday there is at two o'clock on the court-- No, it's Sunday, two o'clock on the courthouse, there is a ceremony with the Sons of the American Revolution. TC Strasser: Yes, there should be some daughters there too. Mayor Burk: Good. Great. Thank you all. Thank you. TC Strasser: Thank you. [applause] [silence] Mayor Burk: Okay. Now that takes us to the next, which is the Commission on Public Art 2023 Annual Report. Ms. Jeanette Ward is presenting it. Didn't you want to strike it or to do - Eileen Boeing: Jeanette, please give me one moment. Jeanette Ward: I'm Jeanette Ward, I joined COPA in 2017 as Mayor Burk's appointee. Do I do it or do you go next? Eileen Boeing: There is a clicker in front of you. Jeanette Ward: Oh, thank you. Right now, I'm serving as the Chair. We have Huyen MacMichael, who's the secretary, Tyra Flynn, who is the owner of Global Local, Linda !fed and Marion Sheaffer who are artists, and then we have two vacant spots, which I believe you all are correcting tonight. Councilman Bagdasarian is our Council Liaison, and Leah Kosin is our staff liaison. COPA is an Page 31September 12, 2023 advisory committee who serves you all to work in partnership with the Friends of Leesburg Public Art to promote public art in Leesburg. They are our fundraising arm, and we like to work hand in hand with them to put forth public art that is there for people to enjoy throughout the Town of Leesburg. FOLPA funds most of our art and our projects here in Leesburg. We do have a small budget, which you all have graced us with that we are able to work in tandem. What we do, we are responsible for overseeing the Public Art Master Plan. We work with projects that can do that justice. We are tasked with proposing and revising any policies concerning public art in the Town. We develop and review plans for inventory maintenance, decommissioning, all of that, that comes with any kind of public art that is placed in the Town. We review local grant applications, what we normally get from the State goes to fund things like Loudoun Ballet and other art adjacent, or performing arts in the Town of Leesburg. We like to foster the expansion, but also stimulate the appreciation of public art. We do that a lot through our public events, like the VMFA exhibit that comes yearly along with our Town Hall art exhibits that we have from artists. We develop a public collection of artwork. We've tried to maintain a large variety of the type of art, so we did that most recently with the Town shop mural, which fill get ta, which is outside of what we normally do and what we see in the Town. Then we also encourage collaboration among artists and architects, engineers, Town businesses, and property owners. Most recently, we did that with placing a sculpture that was done by a private artist in Town with Rust Manor to foster that collaboration and get that sculpture placed for public viewing. I'll go through now some of the projects that we have going. A lot of these are ones that have been repeated throughout the years, and we have some new things coming up. We have Arts Parks Program at Raflo Park that Call to Artist is on now, so if you know any sculptures our Call to Artist is up this Friday. This has been a great installation every year. Every two years, we like to rotate it out and have a really nice collection of different sculptures around Leesburg and Loudoun County. Leesburg Town Calendar, which was by far probably the most popular thing we did this past year. We printed 1,000 calendars or 1,500 calendars, and they were gone within the first two weeks, three weeks maybe. All of these pictures, which the Call to Artist is out for this as well, they're either paintings or pictures that are taken within the Town limits to reflect some of the great things about Leesburg. They are free calendars to anyone. We place them at Ida Lee, the Airport, Town Hall, and then local businesses in Town. The Lassiter Way mural, we finished last year has that alley niche project has been a really nice addition to that otherwise concrete [chuckles] alley really brightened it up with some featuring some folks that are Leesburg royalty, I guess you could say. Paint the Plow, this is featured for our local elementary schools. The artists for this year have been selected and will be painting -- We just got our plows delivered today, so it's a competition where the elementary schools will compete and be featured in the Halloween parade, we vote and we offer a small monetary prize for those PTAs to help our Leesburg schools. We have our Town Hall lobby exhibits. Those rotate quarterly. We just did a really nice show the last first Friday. You can see those downstairs. We have a nice want to be in that program, so Leah Kosin maintains quite a stack of artists that are interested in becoming part of the Town lobby exhibits. The Love Your Mother Art Gallery. This was our first year that we sponsored this event. It was put on by Kirsten Ponticelli, who was a COPA member. It was a really nice event that she did over at Rust Manor, featured local artists of a bunch of different mediums, including performing arts. She is going to be doing it again this year, and COPA hopes to participate again. The Town Shop mural, which turned out just amazing, I think. We really wanted to go outside of our norm and the traditional paintings that we always have and really pick something whimsical and really show our appreciation and thanks to those who work at the Town Shop. Crossroads Music Festival coming up this weekend. We are a sponsor of that as well. Aside from all the murals and sculptures and things that we always do, we like to branch out and support performing arts as well. When I talked about our grants that we have applied for the Virginia Commission for the Arts, and you all also fund it in a small way compared to what we get from them, we are able to offer grants to these programs- The stipulation is that they are either performing an event or have some kind of art that's going to be taking place in the Town of Leesburg, and we like to Page 4ISeptember 12, 2023 get that money out and fund those organizations. Our future projects, October 21'x, we're doing a first annual art in your yard Town -wide event. This has been done in other cities around the country, nothing local, but basically what it is, we have a Call to Artist that's on the Town website now, and anyone can feature their own art in their own yard. We also have a program to feature artists and pair up a yard if they don't have one. We're modeling it after the Purcellville tag sale and how we have a big map, and then people can stop by and check out art in individual yards. We have a community piano that'll be coming soon for anyone to play. That's still in the very early stages, and then another early -stage program or art installation we hope to have is working with FOLPA is a Native American land acknowledgment. They'd like to do something celebrating Native Americans in the Town of Leesburg. We are holding our meetings the first Monday of the month at 5:30 PM in the lower level conference rooms, so we invite anyone to stop by and listen to what we got going on our pitch us new projects. That's all I've got. Do you have any questions? Mayor Burk: Well, thank you very much. We really appreciate. It's one of the commissions that most certainly is very, very busy and has accomplished quite a bit. Within those accomplishments, you have really made a difference in the Town, the quality of life, and the whole aspect of art within our community. Jeanette Ward: Thank you. Mayor Burk: Thank you and all the members of the commission for all their hard work. Jeanette Ward: Thank you. Mayor Burk: Sure. Jeanette Ward: All right. Mayor Burk: Anybody have any regional commission reports? Nobody. Petitioners. That is one of the first orders of our business is to hear from the public, and 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. Any public speaker will be requested to state their name and spell it for the purpose of closed captioning. In the interest of fairness, we also ask that you observe the five-minute time limit. The green light 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. We have one speaker that has signed up, and it is Amy Bobchek, who is right there. Amy Bobchek: Hi. Thank you for giving me a few minutes. I'm Amy Bobchek, that's A -M -Y, B -O -B -C- H -E -K, and you asked for my address as well, 719 Emerald Hill Drive Northeast in Leesburg, 20176. 1 feel like it's Culture Night here in Leesburg. How wonderful to follow Jeanette's incredible report on the work that COPA is doing. I'm here on behalf of BENEFIT. I am a co-founder of this organization. We are a coalition of musicians and community leaders who are endeavoring to create a culture of giving through the power of live music. We have just been given our 501(c)(3) status this year, so after seven years of work, we'll finally be an independent freestanding 501(c)(3). We are a 100% volunteer organization. This Friday and Saturday, as you've already heard, our flagship event is happening right here in the Town of Leesburg. It is Crossroads Music Festival. This is our fourth iteration of Crossroads in its current form. We played with some different models before landing on this downtown model where we have live music happening across all the bars and restaurants right here on the Town Green on the courthouse lawn, and it has expanded every year. When we did our first iteration of Crossroads downtown in 2019, we had six stages, 18 artists performing. This year, we have double the amount of stages and double the amount of artists, so it's Page 5ISeptember 12, 2023 grown every year, and we're really proud of that. The event is free to the public. We raise money through donations. We hope that people will be swept up in the spirit of giving that we're trying to create with that joy of live music, and they do. They open their hearts and their wallets and they donate. We also raise money through sponsors. Most recently, COPA has stepped up to sponsor our event, and were grateful for that. We also sell optional festival passes that bring some benefits with those. Through all of that fundraising, we fill up a community impact fund, and each year, we give the funds from this impact fund out via grant to local nonprofits that are serving our neighbors in need right here in the County. All of our artists are donating their performances. All of it's happening right here in our arts and cultural district. I already talked about how big its happening, but for the first time, this event is happening across two days. In the last few years that we've done it, its been a one -day event on Saturday, but this year, we were fortunate to get some resources that have allowed us to add a Friday night kickoff performance happening on the courthouse lawn. It will be featuring two performances. One is our hometown heroine, Ryan Wright. Many of you know her very famous dad, Todd Wright. Ryan has developed into a very successful recording artist, even as a young performer. She's going to be opening for multi- plalinum recording artist, SHAED, who has roots right here in Loudoun County. LoudounNow wrote a great article about SHAED and their history here. Wth the addition of these performances on Friday night, we expect to attract a lot of visitors from outside of our Town and outside of our County. Those visitors are going to eat in our restaurants, and they're going to stay in our hotels, and they're going to shop in our stores- They're going to have an amazing time that makes them want to come back over and over to experience all of the incredible things that we have to offer in this beautiful Town of ours. We want to give them a great experience, and were going to do that. We're very, very grateful for the Town staff for their incredible partnership as we have pulled together this second day very quickly. Specifically, very grateful to Kate Trask, to Linda Fountain, to Tara Belote, many others who have stepped up to help us partner up and organize Friday night with a vision of really creating a world - class event that is going to continue to grow in the way that it has for the past four years, so very, very grateful for the incredible partnership there. Safety is our shared priority. We want guests to come and have a great time, but we want it to be really safe, and so we have enlisted the help of dozens and dozens of volunteers who will create a real presence, who will help with crowd management and monitoring. Also, were grateful for the resources that the Town has allocated towards safety for this event. We know well have street closures, extra law enforcement presence. We're grateful for that, and we think it's going to really add to the feeling that people have when they come here, that they can have a great time safely and again come back time and time again. Together, we're getting ready to execute our biggest, our most diverse, and hopefully, our most successful fundraising event ever. I thank you all for your great support of the event and appreciate all that you've done to help us get to this point. The sky's the limit on this one with all of your help. That's what I have for you tonight. Thanks so much for hearing me. Mayor Burk: Thank you. Thank you very much for all your hard work. This is going to be a great couple of days. Amy Bobchek: I think it will too. Our pleasure. Thank you. Mayor Burk: Wth that, we have the approval of the consent agenda. Chris Spera: You did not close the petitioner section. Mayor Burk: Oh, I did not close the petitioner section. Thank you. Is there anybody in the audience that would like to speak that did not sign up to speak? Seeing nobody, I will close the petitioner section now. That takes us to the consent agenda. I'm going to read them all and then ask for a motion to approve. Mr. Bagdasarian will be recusing yourself because - Page 61September 12, 2023 Council Member Bagdasarian: For item 13(b) because I am the president of the organization, BENEFIT, that is organizing the Crossroads Music Festival, and it'll be best that I recuse myself. Mayor Burk: Thank you. The consent agenda consists of, A, Airport Apron Paving Project. B, the Town Attorneys Employment Contract. C, the Belt Filter Press Refurbishment at the Water Pollution Control Facility. D, the Annual Street Milling and Resurfacing Contract Award. C, the Supplemental Appropriation from the Electronic Summons Resource. F, the Virginia Department of Transportation Fiscal Year 2027/2028 Revenue Sharing Program and the Financial Year 2025/2026 Transportation Alternative Program Funding Application Endorsements. G, the Supplemental Appropriation of School Proffers to Complete the Walking Track Projects. H, the Appointment to the Airport Commission of Timothy Baker. I, the Appointment of the Board of Architectural Review of John Paul Andrews. J, the Appointment of the Commission of Public Art, Allison Weiss. K, the Appointment of the Commission of Public Art, Lindsay Tuck. L, Appointment to the Economic Development Commission of Robert Cunningham. M, the Appointment to the Technology Commission Communications, Eric Whyne. N, Construction Phase Service on Sanitary Sewer Pipe Station Upgrades. 0, Authorizing Town Manager to Pursue Permits Necessary to Allow Bring Your Own Alcohol Consumption at the Town -sponsored Summer Concert Series. P is the Annual Capital Funding Request for the Loudoun County Fiscal Year 2025. O is the Special Event Fee Waiver for the 2023 Crossroads Music Festival, and R is the Appointment to the Diversity Commission of Lisa Marie Barrick. Do I have a motion? Vice Mayor Steinberg: So moved. Mayor Burk: So moved by Vice Mayor. Second. Seconded by Council Member Nacy. All in favor? Council: Aye. Mayor Burk: Opposed, and recuse. [laughs] Chris Spore: Abstain instead of recuse. Mayor Burk: Abstain, recuse. Okay, so that one -- Chris Spera: 5-0-1-1 Mayor Burk: Yes, 5-0-1-1. All right. That takes us to our public hearings. That was a lot of work that we all agreed on. That's pretty impressive. We have before us a public hearing, let me get my papers together here. The first one is I call to order the September 12, 2023, public hearing of the Leesburg Town Council. Unless there's an objection I will dispense with the reading of the advertisements. If you wish to speak, we ask that you either sign up on the sheet in the hallway outside Council Chamber, 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 you to observe the three -minute time limit. The light in front of you will turn yellow at the end of two minutes indicating that 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. However, rather than have numerous citizens present remarks on behalf of the group, the Council will allow a spokesperson for the group a few extra minutes. In that instance, we would ask the 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's a brief presentation by staff about the item before us. Second, members of the public that have signed up to speak will be called and given five minutes to their-- Well, I said three minutes to make their comments. Public hearing items on the agenda tonight is TLSE-2022-0008 Meadow Glen Assisted Living Facility Expansion. Oh, hello. Chris Murphy: Madam Mayor, Members of Council, good evening. I'm here to present the staff report for special exception application TLSE-2022-0008, which is a request by the owner -operator of Page 71September 12, 2023 Meadow Glen at Leesburg to expand the building to accommodate new operational efficiencies and to meet increased demand for services. Meadow Glen is situated on 3.2 acres at 135 Dry Mill Road, Southwest, within the R4 single-family residential zoning district. Within the R4 zoning district, assisted living residences resident uses require special exception approval. The existing Meadow Glen was initially granted special exception approval in 1999 through special exception 1999-01 and began operations in 2001. The current application is an amendment, a special exception 99-01 proposing two small additions for a combined total expansion of 1,825 square feet to 25,507 square foot facility. These additions will accommodate two new one -bedroom units for a total of 42 resident beds at a density of 13.1 beds per acre. Additional upgrades to the site include landscaping enhancements, stormwater management upgrades, loading space, and emergency vehicle access enhancements. Wien weighed by the Town Plan, the application represents positive growth and change by promoting opportunities to age in place according to areas to enhance, and residential neighborhood character designations of the plan. Assisted living residences are subject to use standards enumerated in Zoning Ordinance section 9.3 .1 and include mitigations such as minimum lot area, setbacks, open space minimums, road classification for frontage, et cetera. The application complies with all these but two, one is the maximum density requirement, and that use standard stipulates a maximum density of 12.5 beds per acre not to exceed 40 beds, and then 20% of all parking spaces is to be paved with a reinforced grass paver block. Zoning Ordinance section 3.4.13 authorizes Town Council to modify or wave use standards when found necessary to accommodate reasonable use of the property. The applicant has requested modifications pursuant to this section, and 1'11 address those momentarily. This application was initially accepted for review on July 22nd, 2022. It went through two submissions before going to public hearing at the Planning Commission on July 6 of this year. After tonight this application has taken 13 months to process. Zoning Ordinance section 3.4.12 establishes criteria to aid the Planning Commission and Town Council in making decisions on the appropriateness of special exception applications. In this instance, staff finds that the additions will match the existing architecture and materials of the building. Two new beds will not create nuisances or traffic impacting neighboring properties, thus it's not anticipated to adversely affect neighboring properties. The addition represents positive growth and change expands opportunities to age in place and through all stages of life. Therefore, it complies with zoning and Town Plan regulations. The addition is estimated to no increase in employees, no appreciable increase in vehicle trips, no new parking is required, and enhanced landscaping is being provided and no impacts on the neighborhood is anticipated. Thus, it will not hinder or discourage development of adjacent or nearby property. Finally, no appreciable increase in traffic is anticipated. Thus, it will not affect or be hazardous to existing neighborhood traffic or streets. Based on this and its own findings, on July 6'^, the Planning Commission recommended approval by a vote of 7-0. At the public hearing, adjoining property owner expressed concerns with impact from trash removal service. In order to address the issue, the Planning Commission made the recommendation of a stipulation that pickup times for trash would be limited to 10:00 AM to 4:00 PM, and thus, this was added to the staff report and the original resolution that was provided to you. It was only after you received those that report and that draft resolution that the staff learned that the owner of Meadow Glen and the adjacent property owner made an amicable agreement to come to terms with having a trash delivery service between the hours of 6:30 and 10:00 AM, two days a week. Learning this, we revised the staff report and added those conditions according to that agreement to the report and to the resolution. Staff recommends approval of the density and the paver block modifications per Section 3.4.13. Regarding the density, staff does not anticipate any adverse impacts on a neighborhood by the 5% density increase to 42 residential beds at the density of 13.1 beds per acre. No new employees are anticipated. It's negligible increase in visits or vehicle trips per day. Regarding the pervious pavers, paver blocks were installed at the initial construction, and those quickly failed. It Page 81September 12, 2023 turns out that those paver blocks at that time that were installed there did not hold up to regular use for a parking facility, so the grass didn't grow, turned into a dirt hole, dirt turns to mud in the rain, and that mud was being tracked inside the building, and more importantly, out into the public roadway. In order to mitigate this, it was acknowledged that the installation met the conditions of the use standard. It was a good faith effort. Unfortunately, it didn't work, so the administrator allowed those five spaces that were the paver block to be paved with asphalt. Now, the applicant comes today requesting the modification to allow the 22 -space parking facility to remain entirely asphalt and is instead offering propose the staff feels a better alternative is they're adding a new walkway that is of a pervious concrete material and also the Fire Marshal required an emergency access along behind the building. This is done in a paver block that allows grass to grow through it. Ultimately, the alternative that's being proposed and asked for modification will provide you more pervious pavement than would otherwise be required by ordinance. Staff is supportive of that. Staff has found no other issues with the application, and thus, staff recommends approval with the following conditions. First is substantial performance, and the property will be developed in substantial conformance with the special exception plat revised through June 6th prepared by Bowman Consulting Group. No waivers are expressed or implied of any other applicable development regulations of the Zoning Ordinances, the SLDR or the subdivision regulations. Density limitation. Staff recommends this condition that would approve the request of modification to allow a density of 13.1 beds per acre and 42 resident beds. The block paver requirement. Staff is also recommending this be approved, authorizing the modification not to require the five parking spaces be grass -free in exchange for the proposed enhancements to increase permeable paved areas on the property. Finally, codifying the trash service restriction agreed upon by the applicant and the adjacent owner from 6'.00 AM to 10:00 AM two days per week. Staff finds the proposal is in conformance with applicable policies of the Town Plan. The special exception of approval criteria of Zoning Ordinance section 3.4.12 have been satisfied. The use standards of Zoning Ordinance section 9.3.1 have been satisfied, assuming the approval of the modifications as recommended, and the proposal serves a public health, safety, welfare, convenience, and good zoning practice. This concludes my presentation. I have prepared recommended motions to aid Council moving forward on this application. Staff are here to address any questions. I thank you for your attention. Mayor Burk: Thank you. We really appreciate the information, and having been to this location many different times, most certainly, this is a really good addition to the neighborhood. I most certainly will be accepting this as an approval. Again, it'll be a good addition to the neighborhood. Does anybody else have any questions at this point? Is there a motion? Chris Spera: The public hearing is still open. Mayor Burk: Oh, see I'm trying to get out of here too fast, sorry. There is nobody that has signed up. Is there anybody in the audience that would like to speak at this point on this topic? Being none, I will close the public hearing, and I will ask for a motion. Vice Mayor Steinberg: Madam Mayor, I'd Ike to make a motion, please. Mayor Burk: All right. Vice Mayor Steinberg: Okay, thank you. I move to approve the Resolution Approving Special Exception application, TLSE-2022-008, Meadow Glen of Leesburg, 315 Dry Mill Road, Southwest, with conditions on the basis that the application meets the approval criteria of Zoning Ordinance section 3.4.12 and the proposed use is compatible with neighboring properties consistent with applicable regulations of Leesburg Legacy Town Plan and Town of Leesburg Zoning Ordinance and is consistent with the protection of the health, safety, welfare, and convenience of the community. Mayor Burk: Is there a second? Council Member Nacy: Second. Page 9ISeptember 12, 2023 Mayor Burk: Seconded by Ms. Nacy. Any additional comments at this point? Okay. All in favor indicated by saying aye. Council: Aye. Mayor Burk: Opposed? That's 6-0-1. All right. Chris Spera: Thank you all very much. Mayor Burk: You can go build now. The next public hearing. Robert Sevila: Madam Mayor, on behalf of the applicant, I would like to thank Chris and staff. I think it's here tonight issue -free like this. My client just asked me a minute ago, "We don't have to speak?" I said, "That's unprecedented. Just be quiet." [laughter] Robert Sevila: But anyway, we do appreciate the cooperation we've gotten from the Town and the staff all the way through this process, and that's why we're here today, issue -free. It's a rare case, but I like them like that. Mayor Burk: Well, and thank you for including staff in the discussion before you actually presented it, so it did come in clean. Appreciate that. Thank you. Robert Sevila: Bye-bye. Mayor Burk: Great to see you, Mr. Sevila. Okay. Our next public hearing is I will call this, September 12", 2023 public hearing on the Leesburg Town Council, unless there is an objection, I'll dispense with the reading of the advertisement. If you wish to speak, we ask that you either sign up in the hallway sheet in the hallway outside of Council Chambers, 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 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. At that time, we would appreciate your summing up and yielding the floor when the bell indicates your time has expired. Under the rules of orders adopted by this Council, the five-minute time limit applies to all. However, rather than have numerous citizens present remarks on behalf of the group, the Council will allow a spokesperson for the group a few extra minutes. In that instance, we would ask speakers when they sign up to indicate their status as a spokesperson and the group they represent and request additional time. Our procedure for tonight's public hearing is as follows. First, there's a brief presentation by staff about the item before us. Second, there's a brief presentation by the applicant. Third, members of the public that have signed up to speak will be called and given five minutes to make their comments. The public hearing item on the agenda tonight is TLZM-2022-0005, Leegate Commercial, Lidl at Tuscarora Village, Rezoning Concept Plan and Proffer Amendment, and we have been waiting for this. Rich Klusek: Good evening, Madam Mayor, Members of Council. My name is Rich Klusek presenting to you here, Leegate Commercial. The subject property for this application is essentially the area that you see in the gray shade here. However, we are making a distinction to also highlight a site. The site is the location of the proposed legal grocery store, whereas the area in gray is affected by the proffer amendment. For the majority of this presentation, I'm actually going to be talking about the site. We'll get into the proffers towards the end. The site again is essentially the area located along Trailview Boulevard and Battlefield Parkway. A couple of the surrounding areas to orient you. There are approved townhouses per the original Leegate rezoning that are currently vacant or that land is vacant, proposed to be constructed with townhouses. There are some existing townhomes that were already constructed. The WBOD Trail is roughly south of the project site. It's also across Battlefield Parkway from the Town's Wastewater Treatment Plant, the Lowe's and Shops at Russell Branch Retail. There's also some additional vacant Page 101September 12, 2023 land North of Trailview Boulevard from the original Leegate rezoning. Just a couple of photos to orient you to the site. This is the view looking southwest towards the site from Battlefield Parkway, essentially over Route 7. The area in red that you see in front of the townhouses is essentially the site of the proposed Lid grocery store. A couple of additional photos. This is the view looking so towards the site from Trailview Boulevard, the view looking east from Fort View Boulevard. The townhouses are essentially directly behind me in this photo. This is the view looking along Fort View Boulevard. The applicant's request for this application are a concept plan amendment to allow an approximately 30,500 -square - foot grocery store and a second retail and office building on the site of up to 17,000 square feet. There's also a proffer amendment to amend the proffers for the larger Leegate rezoning application, which would amend the phasing plan for residential and commercial uses and delivery triggers for certain recreational amenities. Again, 1'11 talk about those proffer amendments towards the end here. The zoning for this site is currently PRC, or Planned Residential Community. The Town Plan land use initiative is transform or evolve. Obviously, this project is consistent with that. Getting into the specific Town Plan character designation, the site is designated as an innovation center. Those policies typically anticipate uses that are a little more along the lines of employment -related uses. However, we are at the same time realizing that the site is located immediately adjacent to the residential community, and we find that it can provide a valuable amenity in the form of a shopping and retail grocery store. We are finding that the project overall is consistent with the Town Plan designation. In addition, the subject property is in the Gateway District Overlay. Development of this site and the Lidl grocery store in particular, would be subject to the Gateway District guidelines. The Town Zoning Ordinance has specific design standards in Section 7.12.24. In the future, a certificate of appropriate review will be provided by the BAR. In addition, the site is also located within the Eastern Gateway District Small Area plan. Again, within that designation, it's designated as regional office. Again, you have something that is generally more employment -focused, but there's a heavy emphasis on design and provision of amenities and pedestrian connectivity. While it doesn't necessarily achieve that employment vision, it does provide that amenity to the residents, and we are certainly recognizing that. Getting into the details of the proposal, you have a 30,500 square foot grocery store, which is being proposed, and that 17,000 square foot retail and office building. That retail and office building is not proposed to be constructed immediately. It would be constructed in the future, and there's no specific user -defined for it as of yet. We are pleased to report that the applicant has worked very hard on building elevations. Initially, we had some concerns and the project initially went to the BAR with concerns. The applicant worked very hard to modify the elevations and bring it into something that is a little bit more in conformance with what is required by the Gateway Overlay. Overall, the BAR did have the opportunity to look at this and to determine that it does generally achieve the vision of those Gateway District guidelines. The Planning Commission also had the opportunity to review this at a public hearing on July 20'h. They recommended approval unanimously. They did discuss the timing of building B, which as I mentioned, would not necessarily be constructed immediately, as well as pedestrian safety crossing Fort View Boulevard. The Board of Architectural Review looked at this as part of our referral process within the Gateway Overlay. They reviewed building placement, building orientation, building context, height, size, scale, massing, and they found that they were generally comfortable with the application. As I mentioned earlier, COAs would be required for all buildings on the site and the architectural details would be determined with the BAR when the project does move forward for a certificate of appropriateness. In terms of transportation, the applicant did previously provide a number of improvements with the original Leegate rezoning. Looking at this site in particular, which initially called for three office buildings, there would be approximately 27 fewer AM peak hour trips, seven fewer PM peak hour trips, 104 more daily trips, and 35 more Saturday peak hour trips. Overall, however, the study area intersections would maintain an acceptable level of service. Page 111September 12, 2023 Getting into the proffers for the Lidl site specifically, the applicant has proffered the typical things that we'd expect to see such as substantial conformance. They have proffered to the design that I showed you earlier, as well as amenities onsite, and staff finds that those proffers are generally acceptable. Getting into the proffers for the overall Leegate application, one of the things that really drove the discussion here, the residents of Tuscarora Village expressed the desire to have their pool and clubhouse amenities built ASAP. Now, the Town typically would seek phasing that brings commercial development online prior to completing residential development. Under the approved phasing, the pool and clubhouse do not come online until after 45,000 square feet of commercial development is constructed. Moving forward with the proffers that are currently proposed, the applicant must construct the pool and the clubhouse. 1 want to point out that I did make a tweak on this slide, earlier I had a grocery store. They only have to construct the pool and the clubhouse to move beyond the existing 165 units, so they can build 123 additional units if those amenities are constructed. The final 38 units can be built after the grocery store and amenities are completed. The construction of the Lid! store and other commercial development can also begin immediately. In addition, the applicant will provide $310,000 prior to the 2370° unit for the Town to construct Tuscarora Creek Trail. This was part of the staff report revision that was provided to you earlier. The Town no longer desires to have the Tuscarora Creek Greenway Trails and mountain bike trails located behind critical Town infrastructure. This was what was originally proposed with the original Leegate rezoning application, and I'1l have a graphic to demonstrate this to you in a moment. Additional land was also purchased for the Town Shop expansion on Russell Branch Parkway. There was a Homeland Security assessment that was done that determined that it might not be a good idea to have recreational infrastructure directly behind the Town facilities. On this map, you can see the blue line is the originally proposed Tuscarora Creek trail. The orange lines are the proposed mountain bike trails. This is what was previously proposed. With that $310,000 proffer, the Town would essentially construct this trail infrastructure in an area that is more suitable and further distance away from the Water Treatment Plant and the Town Shop. The applicant did propose nine modifications for building setback reduction, maximum building size increase, loading space reduction, buffer yard reductions, and modifications for the landscaping. Overall, we found our staff that these modifications were generally appropriate given the design and some of the additional landscaping that was proposed. The BAR is also going to be granting three modifications for this application for building placement and orientation, surface parking placement, and trademark or corporate architecture. Again, with all of these modifications, given the additional landscaping that the applicant proposed to install, staff is generally comfortable with them. We found that the application does meet the rezoning approval criteria in section 3.3.15 of the Zoning Ordinance, as well as the general plan development considerations. It generally meets all of those criteria, especially in light of the fact that the application does also propose a 4,500 square -foot pocket park, and the application does provide additional amenities with the timing of the pool and clubhouse being advanced. The plan development approval criteria in section 8.2.2(F). We also found that it meets all of those criteria, so we have provided some draft motions for you. Staff is recommending approval of this application and I'm happy to take any questions at this time. Mayor Burk: Thank you. 18 seconds left. Great. Rich Klusok: I talked a little less fast than yesterday. Mayor Burk: That's true. [laughs] Does anybody have any questions on this? Council Member Cimino -Johnson, Council Member Todd Cimino -Johnson: Yes. Thank you, Madam Mayor. Thank you, Rich, for the presentation. The land that the mountain bike would be on the Greenway Trail, is that what you called it? Who owns that land? Page 12ISeptember 12, 2023 Rich Klusek: The Town currently owns the land that is directly South of the Wastewater Treatment Plant that was provided to the Town or previously dedicated to the Town with the approval of the original Leegate rezoning application. Mayor Burk: Could you circle where that is? Rich Klusek: Does this work these days? This is the property, roughly speaking, that is currently owned by the Town. Mayor Burk: Oh, okay. Council Member Cimino -Johnson: Thank you. Mayor Burk: Does anyone else have any questions? I got two quick ones. When you're talking about the retail office space, you say it'll be built in the future. What guarantees that it will be built in the future? Rich Klusek: To be honest, there is no guarantee that it would be built in the future, but the applicant has committed to extending utilities to that site, doing the general grading, as well as providing the landscaping around it that is shown on the concept land. Mayor Burk: They're investing a fair amount of funds into making it accessible to being a retail office space kind of thing. Rich Klusek: Correct. The applicant is really proposing the Lidl grocery store. They're not really in the market of being landlords and tenants for commercial and retail spaces. Mayor Burk: I understand that. Then the other question I had was, I wrote down, you said that where we had planned to do the trail is inappropriate because of the Water Treatment Plant and that there will be a trail, but it will be moved. Will it be accessible for the people that live in Tuscarora Village, the new trail? Rich Klusek: The exact location of that trail that the Town might construct in the future has not been determined. However, it would generally appear that it could be constructed on the South side of the creek, generally speaking in that area to connect to the W&OD. Mayor Burk: That would be far enough away that it wouldn't cause a problem to the Wastewater Treatment Plant, but it would be accessible. Make the W&OD Trail for the residents. Rich Klusek: I think that the key factor there is that it would be separated from the Wastewater Treatment Plant by the creek. Mayor Burk: Thank you. Anybody else have any questions at this point? Council Member Cimino -Johnson: I have some more. The W&OD Trail isn't going to be on the side of the residential. Rich Klusek: I'm running out of colors here. The W&OD Trail is the green line that runs down here right now. Council Member Cimino -Johnson: There there's supposed to be an access - Rich Klusek: Correct. Council Member Cimino -Johnson: -behind the residential to the W&OD Trail. Rich Klusek: This is an existing trail. Council Member Cimino -Johnson: Right. Page 13ISeptember 12, 2023 Rich Klusek: The applicant would still be constructing this portion. Council Member Cimino -Johnson: Did I read it correctly that that's supposed to happen immediately? Rich Klusek: I don't recall the exact details. It is. Brian is nodding his head yes. I think that's with the phase two. Council Member Cimino -Johnson: Do we know where we are in that process? Rich Klusek: The applicant has phase two site plans with the Town in place right now. They're nearing approval as far as I understand. Council Member Cimino -Johnson: Then do we know the timeline for Lidl being built once this is approved? Rich Klusek: That's a better question to ask the applicant. Council Member Cimino -Johnson: What about the pool and the clubhouse? Rich Klusek: The pool and the clubhouse are required to be built immediately in order for additional townhouses to be constructed. The applicant has some incentive to get those out of the ground immediately. Council Member Cimino -Johnson: Then under number three, transportation, letter C, internal private streets. Can you explain that to me because 1 didn't understand the language? Rich Klusek: I'm sorry. Where are you right now? Council Member Cimino -Johnson: Under number three, transportation, letter C. Rich Klusek: Oh, the proffers? Council Member Cimino -Johnson: Yes. Rich Klusek: I'm sorry. Council Member Cimino -Johnson: It's labeled internal private streets. Rich Klusek: The owner shall complete construction of all private roadways and travel ways as depicted on sheet 3 and 5A of the Leegate CDP when development adjacent to said roadway occurs with the exception of the streets named above all other on -street roads. My interpretation of that is it's the streets internal within the townhouses that would be constructed when development on those streets occurs. Council Member Cimino -Johnson: That's not necessarily final paving because right now, section one, our streets are not finally paved. Rich Klusek: I'm going to defer to Bill and perhaps Brian as to when final paving would be required. [pause] Mayor Burk: Anybody have an idea? Mike Ames: Next year. [pause] Rich Klusek: Introduce yourself. Page 14ISeptember 12, 2023 Mike Ames: Mike Ames, Stanley Martin Homes, Director of Land Development. To address your question about the topping of the roads. This community is currently designed to be split up into two sections. The current section is the one that has the houses on it and the road infrastructure that you see today. We can't get to a paint where we can do our final topping until all of the residence are completed and constructed so that we can go through the bond release process, inspect all the sanitary lines, storm, all those kind of things. Then once that's all complete, inspected by the Inspectors for the Town of Leesburg, then we can final top at their discretion. That would be the same process for Section Two. Once we developed Section Two, we construct everything off of a base course of asphalt, which is what you see today. Then once all of those are constructed per the plan, at that point, well do the same process, and then we can top the rest. Council Member Cimino -Johnson: The first phase will get their streets topped before phase two is completed. Stanley Martin -Homes: Correct. There are currently three sticks of units that cannot be constructed in section one. There's one stick of two or two that's at the top, and then there's two townhome units that are on the bottom closer to the traps and the ponds. Once those are constructed, we'll go through the process with the Town Inspectors. Once that process is complete, well talk top it. Council Member Cimino -Johnson: Okay, thank you. I do need to have a disclosure here. I do live at Tuscarora Village, and I have no financial interest and can participate impartially, so I intend to participate. I should have said that to begin with, and I forgot. Thank you. Mayor Burk: Thank you. Does nobody have any questions at this point? Then, Maggie? Molly? I'm sorry. [chuckles] Molly Novotny: That's my sister. Mayor Burk: Oh, I'm sorry. It's my granddaughter. Molly Novotny: Good evening, everyone. My name is Molly Novotny. I'm an Urban Planner with Cooley. I am so excited to be here before you tonight to talk about the Lidl application. This has been years in the making, going back to the original Leegate application to be able to develop the rest of the southem part of the project. This is the original illustrative plan back from 2016. The area that were going to focus today, our discussion, is this five -acre triangle site. You can see on this plan, it was originally proposed for several smaller buildings. Show it here on the left, the original layout. This application has one grocery store of 30,500 sqft and then a separate office/retail building of about 17,000 sqft. The density overall is comparable. It was 45,000 sqft initially, and were about that with the new layout. It does have a grocery store instead of a large office component, so that is a change. This will be Lidl's first store in the Town of Leesburg. They have been a property owner in the Town for years with a different piece of property that they purchased, but they are very excited to be able to close on this property and develop their store here. They have about 19 stores in the Northern Virginia area already. This is a view showing the store looking to the east and just the top -down view, what you can see here, very, very significant landscaping around the project. The site access points were already established with the original re- zoning and are all in place. Some of the landscaping is there, but all of this landscaping will be finalized and installed with the Lidl store. Mayor Burk, you had asked about the separate 17,000 - square -foot building. If that is not developed, first off, Lidl has all interests to develop the entire site at once. They don't want to have an active construction site once their store is open, but they don't control it. They're a grocery store. What we've committed to in the Proffers is that we will create an interim park in that space with some grass, seed, and some other amenities until that building is built. We will also stub utilities there, put the parking in, and the landscaping to really make it look like a finished site until that up to 17,000 - square -foot building could be built. Rich did a great job. We worked very hard with staff and the BAR Page 151September 12, 2023 on elevations. One of the big changes is you'll see the loading dock here. It's completely screened. It's over on the left side. It is in the farthest location from the residential units as possible. This was a request that staff made, and we worked hard to be able to make that a reality. This is as people would cross Trailview or Fort View from the Tuscarora Village community over into the Lid! store. The Planning Commission had asked us to look at some pedestrian signage there. We are offering to do that pedestrian signage as you see here. We think that it can actually become a little bit problematic if you start putting in the solar in the more infrastructure needed pedestrian crossing signs because then it becomes who could becomes responsible for it. If one would be on the HOA property, it could be the responsibility of the HOA. If it's in a Town, it could be the responsibility of the Town. For a road of this magnitude, it's just two lanes, one lane in each direction. Just a two-lane road here. We do think that with the crossing and the signage, it will create a very safe environment for those pedestrians. This is a view looking toward the northwest. You can see it's highly articulated the building. We've got four-sided architecture everywhere, which was a request by the BAR to requirement from the Eastern Gateway District. Just at the intersection, now we're looking southwest toward Tuscarora Village. Additional elevations just going into the detail, and we reviewed all of these with the BAR as Rich said. The original phasing, this is what started this whole application is how do we revise the phasing plan because the office market was just not there? The original phasing in phase one had 165 residential units and a 45,000 -square -foot commitment. Stanley Martin has built about 160 residential units, which is why they can't finish topping the roads to your question. They still have some units that still are associated with that phase one site plan. Before they can get to theft additional units, they would have had to build that non-residential. What we've done with this application is to revise the phasing. To say that in phase one, we can build those 165 units, and we have to build the pool and clubhouse. The Lidl grocery store and any of the non-residential, that can be built whenever. It's always been able to be built whenever, but we can't build any more residential units until the community gets its amenities, so the pool and clubhouse. All of those units in light blue are constructed today. The units in dark blue are those that would get unlocked when the pool and clubhouse are constructed. There is one stick of units along the top of Traiview Boulevard that would be reserved to be constructed following the Lid! grocery store. Our hope and expectation is that Lidl grocery store, the pool, and clubhouse open simultaneously, and all of the residential units get unlocked, and the community gets to be completed. Stanley Martin has designated those units to set those aside to be able to make sure we can complete all of the streets throughout the rest of the project. We didn't want to save units farther into the project. We really wanted to make sure all the internal network and open spaces and infrastructure was provided. Then phase 2B would just unlock the rest of the units at the project property. Big -picture comparison, make it very clear and easy to understand. We've revised the commercial program. We've advanced the timing of the pool and clubhouse. We've added significant parking lot landscaping within the Lid! property committed to Eastern Gateway District standards. The previous application had separate design guidelines. We've proffered those elevations for the grocery store. Working with Town staff, we've proffered money toward the trail rather than constructing it. In terms of the connection, that helps Member Cimino -Johnson ask, we are still committed to the W&OD connection immediately proximate to your units. Wth that, I'm happy to answer any questions. Mayor Burk: Thank you, Maggie. I mean Molly. [laughs] Sony. Does anybody have any questions? Mr. Council Member Cimino -Johnson. Council Member Cimino -Johnson: Thank you, Madam Mayor. Molly, I do have a couple of questions. The Lid! park that you're calling, who will be maintaining that? Molly Novotny: The Commercial Association. Page 16ISeptember 12, 2023 Council Member Cimino -Johnson: I'm sorry. Molly Novotny: The Commercial Association. There's property owners for the commercial side, they will be maintaining that. Council Member Cimino -Johnson: Then, having dealt with this since moving in to Tuscarora Village, what happens if the Phase One roads do not get topped from what I was just told? Who do I contact? Molly Novotny: I'm going to let Mike Ames probably be the contact person. He's been Stanley Martin's representative. You can always reach out to me as well, but that would be they couldn't get off bond unless they're top. They would have every interest to finish the pavement in there. Council Member Cimino -Johnson: Right, but I've been here before, where I've received a bunch of promises from Stanley Martin, and it doesn't happen. I want to know who am I calling to make sure we have specific performance and they actually do top the roads? Molly Novotny: You have my phone number. I'm happy to then forward those along. That's a site plan conversation with Town staff and with the developer of the project at that point. Council Member Cimino -Johnson: The reason I ran for this office is because of that development Molly Novotny: Understand. Council Member Cimino -Johnson: I was told that the Town of Leesburg was the reason that none of this was finished. I came into the Town of Leesburg, I started asking questions, and that was not the case. I was lied to. I want to know who to go to again when I'm lied to but thank you for answering that question. Mayor Burk: Anyone else at this point? I just have to say that I'm delighted to see this finally come to fruition. It'II be a great addition to the Town. We look forward to having the grocery store, the Lidl grocery store here. Moving this project forward would be wonderful to have it finally completed and done. Appreciate the fact that everybody worked together to make this happen. I really appreciate all that staff did to make sure that everything was covered and taken care of. I appreciate the generosity of some of these proffers with the understanding that the trails can't be built, so the Town will take the money from the proffer and then be able to build the trail that the residents will have access to the W&OD Trail. Thanks. I want to thank everybody for their efforts and I look forward to voting yes on this. Now, is there anybody in the public that, there's nobody signed up to speak, but is there anybody in the audience? Yes. Ma'am? Would you like to come forward? Leslie Kay: Yes. Hello, my name is Leslie Kay, L -E -S -L -I -E, K -A -Y. I reside at 1016 Cantina Terrace, Southeast in Leesburg, Virginia, 20175. I am a resident and homeowner in Tuscarora Village. I, like Council Member Todd, have been lied to and I'm very happy to be here at this hearing. Thank you for listening to me. I have a number of concerns, but I only have four minutes and 27 seconds. I do have a question going back to transportation. Currently, there is no construction, and currently, there is no amenities in terms of a grocery store. The traffic on Battlefield, and I guess that's Trailview, is horrendous. We cannot see the people who speed on Battlefield going up the hill from the newly constructed bridge. I'm sorry, I'm still getting my bearings in Leesburg. Once the proposed amenities, whether its Lid! or whoever, whatever happens to that property there, there needs to be, I believe, a stoplight at that corner for the people coming out of the neighborhood. People also use, ! guess it's Fort View, they use Fort View as a cut -through from Trailview, coming down from Cardinal Park Terrace because they don't want to go around the new exchange. They come down Trailview, I mean Fort, whatever, those views, whatever. Cardinal Park Terrace to the one where they speed, they cut through, because now we have the streetlights. It's a one -lane road, but they speed through it. Then to get out onto Battlefield, you cannot see the visibility is poor. Although it is a very beautiful building, we will not have visibility, and I'm concerned about that. Page 171September 12, 2023 Anyhow, I will cede my time to the Councilman, Dr. Todd, because he has represented us tooth and nail and he has all of our concerns at heart. Over to you. Mayor Burk: Is there a staff person that could answer the question about the stoplight? Is there anybody with us tonight that could comment on that? Rich Klusek: At this point, I'm not sure of a stoplight actually being proposed. I will say that the concern seems to be more along the lines of enforcement issue rather than something with the application in particular. As I mentioned during my presentation, this project actually has fewer trips at certain times of day than what was originally proposed and approved with the 2013 rezoning application. It's not really directly related to the Lidl or this application but the safety concern, and there might be a valid reason to do some additional enforcement there perhaps, but I don't think its necessarily related to this application in particular. Mayor Burk: Right. It's not appropriate to do it now, but it most certainly is something to bring up in the future, and maybe Council Member Cimino -Johnson could bring it up as a future item for discussion at some point. Thank you. Anyone else? Then I will close the public hearing at this point because there's no one else in the audience that would like to speak. I will close the public hearing. Is there a motion? Council Member Cummings: 1'11 make a motion there. Mayor Burk: Yes, sir. Council Member Cummings: I move to approve the proposed ordinance approving rezoning application TLZM-2022-0005, including the concept plan revised through August 2r, 2023, and the proffers dated and revised through September 7th, 2023, based on findings that the rezoning is compatible with neighboring properties, consistent with the applicable guidance of the Legacy Leesburg Town Plan and regulations of the Town of Leesburg Zoning Ordinance, and is consistent with the protection of the health, safety, welfare, and convenience of the community. Mayor Burk: Is there a second? Council Member Bagdasarian: 1'11 second. Mayor Burk: Council Member Bagdasarian. Any more discussion at this point? Yes, Vice Mayor? Vice Mayor Steinberg: Thank you. Mayor Burk. And thanks for the presentation. Thanks to the staff and the applicants. It's been a long, hard slog for this particular application. I do have a couple of questions for staff, though. I'm bringing these up now only because of all the applications we've seen, this particular one has, to say it has been fraught is a bit of an understatement, in my opinion. We have a proffer for $310.000 for the trail that is tied to the 237'" unit. Is that correct? Rich Klusek: I have to go back for the exact. Vice Mayor Steinberg: I believe that's correct. Okay. What if the 237" unit weren't built? What happens to that proffer? Rich Klusek: In order for the applicant to move forward with their additional residential units, they would — Vice Mayor Steinberg: I understand that. Rich Klusek: They absolutely have the ability to say, we don't want to construct those units but I have a feeling that the $300,000 is relatively insignificant in comparison to the units and the value of those units. Page 18ISeptember 12, 2023 Vice Mayor Steinberg: 1'11 keep that in mind. We know, even though the applicant for the grocery store has every intention to build, in theory, the reality is the grocery store could not be built and the other office building could not be built. So long as the pool and the clubhouse are built, it's basically full steam ahead for the rest of the residential, with the exception of the 38 units at the end. Is that correct? Rich Klusek: Correct. Vice Mayor Steinberg: Out of curiosity, once the Town receives the proffer of the $310,000, do we have a timeframe as to when we might provide that trail, or is that still pretty much up in the air? Rich Klusek: I don't think that that's been determined at this point, unless anybody wants to correct me. I don't think it's really been determined at this point. Vice Mayor Steinberg: Then one final question. Out of curiosity, are there any other proffers regarding the residential that are yet to be completed that could potentially get hung up in this whole process? I know that's a pretty broad question. I'm just trying to anticipate future conversations. Rich Klusek: In terms of the recreational amenities and the phasing triggers, I think we've covered them all at this point. Vice Mayor Steinberg: Covered them all. Rich Klusek: Am I missing anything else that is required to be more clear? Vice Mayor Steinberg: One of the primary things the residents are going to be waiting for then is the final topping of the roads, which is tied to the final inspections and all of that. The only comment I would have on this has nothing to do with the applicant for the grocery store and maybe a lot to do with Stanley Martin and their partners. I think this is an object lesson for the Council that when we see an application that we are much more firm in our expectations of how these applications and projects move forward so that we're not then inundated by requests and complaints from our residents and everybody should have a much happier time of doing business and living in the Town. Thanks. Mayor Burk: We have a motion on the table and a second. All in favor indicate by saying aye. Council Members: Aye. Mayor Burk: Opposed? All right, that passes 6-0-1. Does anybody have any items for a future agenda? Mr. Bagdasarian, disclosures, future agenda items? Council Member Bagdasarian: No, I just wanted to express my gratitude for staff, Keith, and Parks and Rec department, working with the benefit and preparing for Crossroads Music Festival. Here we go. Mayor Burk: Got it. [laughter] Council Member Bagdasarian: That's it, thank you. Mayor Burk: Ms. Nacy? Vice Mayor? Vice Mayor Steinberg: I have nothing, Thank you. Mayor Burk: Mr. Cummings? Council Member Cummings: Just one potential item for future discussion. I wanted to have a conversation at a future work session about speed cameras in school zones. Under Virginia law, we are able to place speed cameras in school zones. Catoctin Avenue, thereby Catoctin Elementary, is a Page 19[September 12, 2023 huge speed zone right now with school. Wed love to have that conversation with Police, the Town Attorney's Office, and staff about feasibility on that. Mayor Burk: Are there four votes that would like to have that conversation? That's everybody. Mostly everybody. [laughter] Mayor Burk: It's all right. Is that it? Council Member Cummings: Yes. Mayor Burk: Council Member Cimino -Johnson? Council Member Cimino -Johnson: Yes, I just have one item for future that we just discussed the Fort View. I included signage, stoplight, and possibly, lowering speed limit of the road. Taking a look at that and seeing what we can do before Lidl gets in there. Mayor Burk: Is there four votes that would be interested in having that conversation? That goes forward, too. I know you're all going to be very sad, but I left my notes and everything in my calendar at home. Vice Mayor Steinberg: Just make stuff up. Mayor Burk: Okay. I would like to say that thanks to the Town staff for the program they put together for 9-11. It was very well done and I appreciate it. I look forward to seeing everybody at Crossroads. Council Member Cummings: Absolutely. Mayor Burk: Mr. Assistant Town Manager, Deputy Town Manager, whatever your title is. [laughter] Keith Markel: No comments. Mayor Burk: Do I have a motion? Vice Mayor Steinberg: So moved. Mayor Burk: Second. Council Member Cummings: Second. Mayor Burk: All in favor? [crosstalk] Page 20ISeptember 12, 2023