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HomeMy Public PortalAbout2024_tcmin0123COUNCIL MEETING January 23, 2024 1 Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Todd Cimino -Johnson, Zach Cummings, Kari Nacy, Vice Mayor Neil Steinberg, Patrick Wilt and Mayor Kelly Burk. Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Director of Public Works and Capital Projects Renee LaFollette, Director of Community Development James David, Director of Economic Development Russell Seymour, Deputy Town Attorney Christine Newton, Utilities Deputy Director Brian Stone, Deputy Director of Information Technology John Callahan, Zoning Administrator Mike Watkins, Urban Forester Noble Atkins, Community Development Administrative Associate Sarah Suettinger, 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 Bagdasarian. 4. ROLL CALL a. All Council Members present. 5. MINUTES a. Work Session Minutes of January 8.2024 Council Member Wilt was absent from the January 8, 2024, Work Session and abstained from voting. MOTION2024-010 On a motion by Council Member Nacy, seconded by Council Member Cummings, the January 8, 2024, 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 abstain) b. Regular Session Minutes of January 9.2024 MOTION2024-011 On a motion by Council Member Nacy, seconded by Council Member Bagdasarian, the January 9, 2024, Regular Session minutes were moved for approval. 1 I Page' COUNCIL MEETING January 23, 2024 The motion was approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 c. Special Council Meeting Minutes of January 18, 2024 Council Member Cimino- Johnson was absent from the January 18, .2024, Special Council Meeting and abstained from voting. MOTION2024-012 On a motion by Council Member Nacy, seconded by Vice Mayor Steinberg, the January 18, 2024, Special Council Meeting minutes were moved fir approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 6-0-1 (Cimino -Johnson abstain) 6. ADOPTING THE MEETING AGENDA 1 1 MOTION2024-013 On.a motion by Council Member Nacy, seconded by Council Member Cummings, the meeting agenda was moved for approval. The motion was approved by the following vote to approve the amended agenda: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 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 7:03 p.m. 2 1 Page COUNCIL MEETING January 23, 2024 John Papp, 312 Foxridge Drive SW. Spoke to Council to share the results of a survey conducted by the Leesburg Movement in support of a request to allow for Friday and Saturday night street closures in the downtown which would allow for more outdoor dining opportunities. The Petitioner's Section closed at 7:06 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION2024-014 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the following consent agenda was proposed: a. Continuing Engineering Services Contracts for Utilities RESOLUTION2024-008 Awarding Continuing Services Contracts for On -Call Comprehensive Engineering Services b. Virginia.Brownfaelds Assistance Fund (VBAF) Grant Acceptance RESOLUTION 2024-009 Accepting the Virginia Economic Development Partnership Grant Award and Appropriation of $50,000 to Fiscal Year 2024 c. Town Hall Art Exhibit by Patricia Taylor Holz RESOLUTION2024-010 Approval of Town Hall Art Exhibit by Patricia Taylor Holz d. Battlefield Parkway and Route 15 Bypass Interchange Project RESOLUTION2024-011 Endorsement of the Interchange Access Report for the Battlefield Parkway and Route 15 Bypass Interchange Project e. Parking Lot Standards in the H-1, Overlay, Old, and Historic District RESOLUTION2024-012 Initiating Amendments to the Zoning Ordinance to Revise Parking Lot Dimensional and Landscaping Standards in the B-1, Community (Downtown) Business District f. Acceptance and Appropriation of Grant Funds for 2023 Virginia Trees for Clean Water RESOLUTION2024-013 Acceptance and Appropriation of $50,000 Grant Funds Awarded to the Town of for 2023 Virginia Trees for Clean Water 3 1 Page COUNCIL MEETING January 23, 2024 g. Regional Surface Transportation Program Funding - Route 15 Bypass Interchange at Edwards Ferry Road and Fort Evans Road Project RESOLUTION2024-014 Endorsing a Request in the amount of $2 Million for Regional Surface Transportation Program Funding from the Northern Virginia Transportation Authority for Fiscal Year. 2030 for the Route 15 Bypass Interchange at Edwards Ferry Road and Fort Evans Road Project The Consent Agenda was approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 13. RESOLUTIONS /ORDINANCES / MOTIONS a. None. 14. PUBLIC HEARINGS a. Verizon Cable Franchise Renewal The public hearing opened at 7:08 p.m. Ms. Christine Newton presented Council with a proposed Cable Franchise Renewal Agreement with Verizon Virginia, LLC. Deputy Director of Information Technology John Callahan and outside counsel Mr. Matt Ames were present and answered questions. Council and staff discussed the agreement. Public Speakers: There were no public speakers wishing to address Council. The public hearing was closed at 7:18 p.m. MOTION2024-015 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the following was proposed:: I move to approve the proposed resolution approving Cable Franchise Renewal Agreement with Verizon Virginia, LLC. RESOLUTION2024-015 Approving Cable Franchise Renewal Agreement with Verizon Virginia LLC 4 1 Page COUNCIL MEETING January 23, 2024 The motion as approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 b. TLZNOA2023-0005, Congregate Housing Zoning Text Amendment The public hearing opened at 7:19 p.m. Mr. Michael Watkins presented Council with the proposed amendments to the Zoning Ordinance Articles 6, 7, 9, 11, and 18 for the purpose of defining and creating use standards for "Congregate Housing Facility". Council and staff discussed the proposed amendments. Public Speakers: There were no public speakers wishing to address Council. The public hearing was closed at 7:31 p.m. MOTION2024-016 On a motion by Council Member Cummings, seconded by Council Member Nacy, the following was proposed:: I move to approve the proposed Zoning Ordinance Amendment TLZNOA2023-0005 for the purpose of defining and creating use standards for "Congregate Housing Facility" based on the findings that the amendment furthers objectives of the Town Plan, and that the proposal would serve the public necessity, convenience, general welfare, and good zoning practice. ORDINANCE 2024-0-002 Amending Leesburg Zoning Ordinance Articles 6, 7, 9, 11, and 18 for the Purpose of and Creating Use Standards for "Congregate Housing Facility" The motion as approved by the following vote: Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 15. UNFINISHED BUSINESS a. None. I 16. NEW BUSINESS a. None. 5 1 Page COUNCIL MEETING January 23, 2024 1 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS. Council Member Cimino -Johnson recognized Town staff for doing a good job removing snow during the last snowstorm. Council Member Cimino -Johnson thanked Town staff for installing the "Cross Traffic Does Not Stop" signs he requested at the intersection of Trailview Boulevard and Cardinal Drive. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk requested a future Work Session discussion on allowing both Friday and Saturday street closures in the downtown during the summer months as requested by the representatives from Leesburg Movement. It was the consensus of Council to add this to a future Work Session discussion. Mayor Burk noted she met with Supervisor Caleb Kershner to, discuss the Compass Creek Annexation. Mayor Burk reported she and Vice Mayor Steinberg participated in a discussion with County representatives on the Compass Creek Annexation. Mayor Burk noted she and Airport Director Scott Coffman, Airport Commission Chair Hugh Forsythe, and Airport Commission Member JC Silvey attended the Board of Supervisors meeting to speak in opposition to the Clear Springs 1000 -home development proposed for outside the Town's corporate limits but located directly under the Leesburg Executive Airport runway. Mayor Burk welcomed the newly redesigned and reopened Leesburg Diner at their ribbon cutting. Mayor Burk welcomed new fitness company HOTWORX to Leesburg. Mayor Burk thanked Ms. Tammy Carter for organizing the MLK March on January 15. Mayor Burk attended the Potomac Crossing HOA question and answer session to hear from Potomac Crossing residents. Mayor Burk noted the Residential Traffic Committee is already working on a Traffic Calming Plan for Potomac Station for when Veterans Park opens. Mayor Burk attended the annual Loudoun County Rescue Squad Dinner and Award Ceremony and the Loudoun County Volunteer Fire Company Dinner and thanked both organizations for inviting her to participate in their events. Mayor Burk met with Mr. Chuck. Kuhn to discuss the Westpark property. Mayor Burk met with Pastor Michelle Thomas with the Freedom Center and Mr. Phillip Thompson with the NAACP to discuss the installation of a plaque for one of three African -Americans lynched in Loudoun County. Mayor Burk said they also discussed Potter's Field. Mayor Burk thanked Town staff for their excellent job removing snow during the last snowstorm and reminded residents and businesses to remove snow from in front of their homes 24 hours after the snow has stopped. 19. TOWN MANAGER COMMENTS a. None. 6 1 Page COUNCIL MEETING January 23, 2024 1 20. ADJOURNMENT On a motion by Council Member Nacy, seconded by Council Member Bagdasarian, the meeting was adjourned at 737 p.m. ATTEST: Clerk of Council 2024 tcmin0123 Kelly Bu Town of Leesburg 71 Page January 23, 2024 — 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: Let me call to order tonight's Town Council meeting. Let me get my papers together first. Okay. Let me call together the Town Council meeting of January 23rd, 2024. I would like to --If anyone in the room needs hearing assistance, please see the Clerk. Council Member, Vice Mayor Steinberg will be giving the invocation followed by the salute to the flag by Council Member Bagdasarian. Vice Mayor. Vice Mayor Neil Steinberg: Thank You. I'd like to simply ask for a short moment of silence for reflection, please. [pause] Vice Mayor Steinberg: Thank you. Mayor Burk: Council Member Bagdasarian. Council Member Ara Bagdasarian: Please join me in the salute to the flag. All: [inaudible] Mayor Burk: All right. Let the record reflect that all Members of Council are here tonight. I have three sets of minutes. The first one is the Work Session minutes of January Stn, 2024. Council Member Kari Nacy: So moved. Mayor Burk: So moved. Thank you, Council Member Nacy. Second? Council Member Zach Cummings: Second. Mayor Burk: Council Member Cummings. All in favor? Members: Aye. Mayor Burk: Opposed? Abstain? Council Member Patrick Wilt: [inaudible] Mayor Burk: Okay. [chuckles] That is 6-0-0-1. Is that correct, Eileen? Eileen Boeing: 6-0-1. Mayor Burk: 6-0-1. I put too many zeros. All right, and the Regular Session minutes of January gtn Council Member Nacy: So moved. Mayor Burk: Council Member Nacy. Second? Council Member Bagdasarian: Second. Page 11January 23, 2024 Mayor Burk: Second. Council Member-- Mr. Bagdasarian beat you. [chuckles] All in favor indicate by saying aye. Members: Aye. Mayor Burk: Opposed? That passes 7-0. Special Council Minute Meetings of January 18th, 2024. Council Member Nacy: So moved. Mayor Burk: [chuckles] Thank you. You're on a record. You got a roll going. Seconded? Vice Mayor Steinberg: Second Mayor Burk: [chuckles] Vice Mayor, you all gave up already? [laughs] Vice Mayor Steinberg. All in favor indicate by saying, aye. Members: Aye. Mayor Burk: Opposed and abstain? Council Member Todd Cimino -Johnson: Abstain. Mayor Burk: 6-0-1. May I have a motion to adopt the meeting agenda? Council Member Nacy: So moved. Mayor Burk: Thank you, Ms. Nacy. Second? Council Member Cummings: Second. Mayor Burk: Council Member Cummings. All in favor indicate by saying aye. Members: Aye. Mayor Burk: Opposed? That's 7-0. We have no certificates or proclamations or presentations. Does anybody have a Regional Commission Report? Not at this point. Okay. We are at our Petitioner's Section. One of the first orders of business is to hear from the public. All members of the public are welcome to address 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 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 orders adopted by this Council, the time limit applies to all. The first name we have on our sheet tonight is John Papp. John. John, you're speaking for Main Street, is that correct? John Papp: Correct. Leesburg Movement. Mayor Burk: Eileen, let's give John five minutes. John Papp: Great. My name is John Papp. Do you need the address for where I reside? Mayor Burk: If you would and would you spell your name? John Papp: Sure. J -O -H -N P -A -P -P. My home address is 312 Foxridge Drive, Southwest, Leesburg, Virginia 20175. Good evening, Mayor Burk, Vice Mayor Steinberg, Town Council. I'm here on behalf of Leesburg Movement to petition for more street closures this summer and in the coming years Page 2jJanuary 23, 2024 similar to what was done currently with sidewalk dining. The last two weeks, we've done some surveying of Downtown Leesburg businesses. Over 40 people responded, 40 businesses responded, and over 80% wanted both Friday and Saturday street closures. If you couple that with people who only wanted Friday nights, it's over 90% want at least one of those days closed for at least sidewalk dining, but preferably just open streets. The only negative feedback we got, those handful of responses that were negative, wanted their own closures on the side streets. These were businesses who might not benefit fully from the Loudoun to Market closure on King and wanted their own street closures. No one was out and out against street closures. In fact, they just wanted it for their own benefit. The vast majority of people loved the idea. The vast majority of the customers that told these businesses about sidewalk dining loved the idea. I think 85% of their customers said they loved it and they wanted to see more of it. From a business perspective, we also heard that it also increases wait staff availability. For example, they can put up more tables; generate more income for their wait staff as well. It's a good business opportunity as well. We just feel that it'd be a great benefit to the community, obviously, the businesses. We really urge you to consider that in the future. Minimum expand on Fridays but ideally go to Saturdays as well. Perhaps from the Memorial Day to Labor Day window, consider that. We're happy to work with you in terms of staffing possibilities, manning barricades, and things like that. We have a strong cadre of volunteers with the Movement, so I think we could definitely help in that area. I'd love to get creative and figure out the best way to make that happen because it does seem to be a need and a resource that people enjoy coming to Downtown Leesburg. Mayor Burk: Okay. Thank you. Thank you very much. John Papp: Yes, of course. Mayor Burk: Thank you very much. Appreciate it. That most certainly is probably something we will be discussing in the not -too -distant future. John Papp: Absolutely. What you have in front of you are details, a summary of what the survey results show. Mayor Burk: Thank you. John Papp: If you have any questions, feel free to reach out. Mayor Burk: Thank you for the material. Appreciate it. John Papp: Of course. Thank you. Mayor Burk: No one else has signed up to speak tonight. Is there anybody in the audience that has not signed up, but would like to make some remarks? Seeing that there's no one, I will then close the petitioner section. That takes us to the approval of the consent agenda. I will read them off and then ask for a motion. First one is 12A, Continuing Engineering Services Contracts for Utilities. B is Virginia Brownfields Assistance Fund Grant Acceptance. C is Town Hall Art Exhibit by Patricia Taylor Holt. D is Battlefield Parkway and Route 15 Bypass Interchange Project. E is Parking Lot Standards in the H-1 Overlay and Old Historic District. F is Acceptance and Approval and Appropriation of the Grant Funds for 2023 Virginia Trees for Clean Water. G is the Regional Surface Transportation Program Funding Route 15 Bypass Interchange at Edwards Ferry Road and Fort Evans Road Project. Is there any item that anyone would like to have removed? Do I have a motion to accept them? Vice Mayor Steinberg: So moved. Mayor Burk: So moved by Vice Mayor. Page 3IJanuary 23, 2024 Council Member Nacy: Seconded. Mayor Burk: Seconded by Council Member Nacy. All in favor? Members: Aye. Mayor Burk: Opposed? All right. They pass on consent. We have a couple of public hearings, I guess, two public hearings tonight. The first one is the Verizon Cable Franchise Agreement. So, I call to order this January 23rd, 2024, 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 street-- sheet on the hallway outside of the-- don't do the street. That wouldn't be good. On the hallway outside of the Council Chamber. 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 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 citizens. However, rather than have numerous citizens present remarks on behalf of the group, the Council will allow a spokesperson for the group a few extra minutes. In that instance, we would ask the speaker when they sign up to indicate their status as spokesperson for the group they represent and their request for additional time. Our procedure for the public hearing is as follows. First, there will be a brief presentation by staff about the item before us. Second, members of the public that have signed up to speak will be called and given five minutes to make their comments. The public hearing item on the agenda for tonight is the Verizon Cable Franchise Renewal. Staff, hello. Christine Newton: Hello. I drew the straw on the presentation. Madam Mayor, Mr. Vice Mayor, Members of the Council, we're here to talk about the Verizon Cable Franchise Renewal. Complicated and time-consuming process, but I will keep the presentation brief. I have John Callahan to answer any technical questions, and Matt Ames, our outside counsel to help with any very specialized legal questions. On June 27th, 2006, Council first entered into a non-exclusive cable franchise agreement with Verizon Virginia Incorporated for an initial term of 15 years. That term has been extended to allow additional time for renewal negotiations, which took extra -long because of COVID. Franchise is currently held by Verizon Virginia LLC, and will expire on February 29th, 2024. How the process works is Verizon submits a formal written notice requesting renewal of the franchise. They did that in December of 2018. The Town then follows a franchise renewal process prescribed by applicable Federal and State law, and we give you a few citations there. We also have some Town Code provisions that deal with this. Council adopted a resolution outlining the renewal process and that included an evaluation process and a negotiation process. Then in accordance with that Resolution, the IT Department and Town Attorney's Office have worked together and we had input from our outside counsel and our Tech and Communications Commission. We've evaluated the current franchise and negotiated the proposed Cable Franchise Renewal Agreement that you have in front of you tonight following an informal negotiation process under Federal law. The Tech and Communications Commission held a public forum in March 2021, and we also had a public survey that was offered on the Town Web site that closed in March 2021. Many of the comments that we received from the public were actually Internet -related rather than cable - related. We did not receive any significant cable -related negative feedback from the public. The public hearing this evening is intended to satisfy a Federal requirement that the public have an opportunity to comment on the proposed renewal terms. Highlights of this agreement. It maintains many of the terms of the original 2006 franchise, but some terms have been updated to meet the party's needs, reflecting current law, today's industry standards, Town tech needs, and community circumstances. I've got some columns here on the left were the Town's priorities, and I think John will tell you that IT's biggest priority was to update the tech to convert the public, educational, and government access or Page 4jJanuary 23, 2024 PEG channel to high definition. He also wanted to maintain that PEG Grant funding level of 1.7% of gross revenues that supports PEG -related capital expenses. He also wanted improved Town access to Verizon reports and records, and we got that slightly improved. We've maintained the same service area. We continue to receive no -cost cable service to Town buildings. We've updated the insurance provisions to reflect the Town's current standards, and we're maintaining the security requirement with the letter of credit. Verizon, on the other hand, was very concerned about the duration of the franchise consistent with current industry trends. They wanted that to be five years, and that's where we ended up. They actually, I think, wanted to be able to terminate it after only one year. We managed to get that to two years. They will have to give us one year's notice, but they can't give us that notice until at least one year has gone by. They needed to limit their obligations to expand the service area to new subdivisions or to serve areas where substantial infrastructure investment would be required. With that, I am prepared to give you whoever we need to answer your questions. [laughter] Mayor Burk: All right. Well, thank you. We appreciate that. Is there anyone who does have questions on this contract, Mr. Wilt? Council Member Wilt: Yes, just the nature of the franchise, is this an exclusive opportunity to serve the community or are other providers able to serve also? Christine Newton: Yes, no sir, there is. This is a non-exclusive franchise, and we have also a franchise with Comcast. Anyone who needs to use the Town right-of-way to provide cable services in the Town, both of those things require agreements and the cable agreement is very specialized in terms of the legal requirements. Council Member Wilt: Thank you. Mayor Burk: Anyone else? Mr. Bagdasarian? Council Member Bagdasarian: Just quick question. Did they agree to update the technology to HD for -- Christine Newton: Yes. Council Member Bagdasarian: Okay. Christine Newton: Everything you saw on that column is what we ended up with. Council Member Bagdasarian: Does that mean that we'll update our PowerPoint templates to 16:9 ratio instead of 4:3? Christine Newton: I can't speak to that. Council Member Bagdasarian: No, just saying. Okay. John Callahan: Comcast is still in standard def. Christine Newton: The HD will be within 90 days of the Town's notification to Verizon that we are prepared to do the upgrade. Mayor Burk: My question is around the two-year. Why would they not want to have a longer contract? Why did they decide they wanted a year, or we got it to two? What's the advantage? Christine Newton: Do you want to talk? I think Matt's probably got a little more information on the industry's desire that way. Page 5IJanuary 23, 2024 Matt Ames: The short cynical answer is because they're Verizon. [laughter] I'm being honest about that. Their concern is, and this is an industry -wide concern whether you're AT&T or Comcast or anybody else, and as we mentioned, what subscribers really want is broadband. Everyone's trying to figure out what's going to happen in the next 2 or 5 or 10 years, and Verizon simply doesn't want to be pinned down any more than they have to be. They have an advantage over Comcast because since they're also the phone company, they have a separate authorization as the phone company. They could conceivably walk away from the cable franchise, and they will still have the right to have their facilities in the right -of- way. Their position consistently has been both here, and I've done, I think, now three renewals with them in the last year and a half. Their position in every negotiation has been, "We want a five-year franchise." They'll usually start out with, "We want to be able to get out in six months' notice." The two years is actually an improvement over their basic position, and they're taking the position outside of Virginia as well. They want to be able to get out if they can find a way to make the same amount of money selling just broadband. Mayor Burk: Okay. All right. Vice Mayor? Vice Mayor Steinberg: Thank you. I just like to point out that in the discussions in the Tech Commission, and as you saw indicated in the survey that they took more and more of the concerns are less and less about cable and more about Internet and broadband services. The question will become how this whole thing is going to transition anyway as fewer people are actually involved in cable and more people are involved in streaming services. I can understand Verizon's wanting to be able to limit their exposure here. Mayor Burk: Thank you. I think all the questions have been answered. Thank you very much. Appreciate the report. Christine Newton: I'm sure you want to close the public hearing first, but I do have motions for it. Mayor Burk: Okay. I have to ask if there's anybody in the audience. Nobody has signed up to speak, but is there anybody in the audience that would like to speak to the Verizon Cable Franchise Renewal? Seeing no one, I will close the public hearing. Is there anyone that would like to make a motion? Vice Mayor Steinberg: I'll do that, Madam Mayor. Mayor Burk: Vice Mayor. Christine Newton: I have one, but I just need to make one little correction. Vice Mayor Steinberg: Is it different than the one we have in the -- Christine Newton: Yes. Vice Mayor Steinberg: Okay. Christine Newton: I'm missing the reference to the resolution. Oh, I can't write with this. Thank you. We're missing a word. I think because it was going to say approving twice, it got confusing. Okay. Vice Mayor Steinberg: I'm reading we're approving twice. Is that what you're telling me? Christine Newton: Yes. Vice Mayor Steinberg: I move to approve the proposed resolution approving Cable Franchise Renewal Agreement with Verizon Virginia LLC. Mayor Burk: Is there a second? Any discussion at this point? All in favor indicate by saying, aye? Page 6IJanuary 23, 2024 Members: Aye. Mayor Burk: Opposed? All right. That passes with a 7-0. Thank you very much. We have one more public hearing. Let me call to order the January 23rd, 2024 public hearing of the Leesburg Town Council. Unless there's an objection, I will dispense with the reading of the advertisement. If you wish to speak, we ask that you either sign up in the sheet in the hallway outside of the Council's Chambers. 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 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 order 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 the speaker when they sign up to indicate their status as a 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, and second, members of the public that have signed up to speak will be called and given five minutes to make their comments. The public hearing item on the agenda tonight is for TLZNOA2023-0005 Congregate Housing Zoning Text Amendment. Now the presentation before you only went-- had 4 minutes left. Keep that in mind. [laughter] Mike Watkins: Balance comes to me, right? Mayor Burk: [laughter] Mike Watkins: [laughter] All right, Madam Mayor, Members of Council, good evening. Before you is a Zoning Text Amendment to create a new use called Congregate Housing Facility. A little bit of background. Again, staff was contacted via the private sector, LAWS, who's looking for some assistance. A little bit about LAWS is they provide assistance to women and children and their assistance is provided through therapy, legal services, and support groups. Essentially what LAWS is looking to do is expand and increase their capacity, which would include temporary housing. As you remember, Council did initiate this text amendment back in June of last year. The Zoning Ordinance currently doesn't have this use. The purpose of this text amendment is to create the new use Congregate Housing Facility, establish use standards, and then specify appropriate zoning districts. The Planning Commission held its public hearing on November of this past year. There were no members of the public who spoke. Their decision was a unanimous recommendation, 7-0. Although they did make three changes that have already been incorporated in the draft Ordinance. The first was remove a separation from public uses. The second was making an amendment to the definition to differentiate the use from other State - defined uses. Then lastly, removing a restriction so that the use would only be applicable for new buildings that was removed. A little bit about our existing regulations. Specialized housing is permitted but restricted to age or mental illness. Such facilities and group include our group home, assisted living, continuing care facility, and an emergency warming shelter. Missing from the Zoning Ordinance are facilities that provide temporary housing for victims of domestic violence, youth who've aged out of the foster care system, and then lastly our homeless community. Just a brief note, with any text amendment the staff prepares, we look at what other jurisdictions are doing, and our conclusions were thus. A lot of localities vary their definitions and descriptions. Very few included by -right use standards. Predominantly a use permitted by special exception but lacked use standards. Then lastly, it excluded single-family dwellings. Just a quick note that we did engage stakeholders. The draft language before you is a product of our engagement with LAWS. To briefly go through the contents of the text amendment, again, we include a definition, and the analysis here was to make the use unique. The definition is intended to allow a variety of service models. Page 7IJanuary 23, 2024 It includes non-residential uses, such as special care training or other similar purposes, and requires more than eight unrelated persons to differentiate it from a group home. The zoning district analysis, we looked at two targeted areas. This was based on direction we got from Council, and that was to protect existing neighborhoods. We identified the Crescent Design District and the B-4 zoning district. This map shows you the Crescent District. Although the slide does a pretty good job. It shows you that there's three areas highlighted. One commercial, the second the commercial corridor, and then the institutional. These are the three sub -districts that we chose for the Crescent District. This would be a by -right use, again in the CD -C, which is our Crescent District commercial, CC which is the commercial corridor. Then lastly the Crescent District Institutional. We also looked at the B-4 district, and there are two B-4 zoning districts by way of legislative approvals, and that is Leegate and the Village at Leesburg. What guided our analysis was the following. In the Crescent District it is predominantly a mixed use pedestrian oriented environment where buildings contain a mix of uses both horizontally and vertically. The focus is on architectural form and building placement and not necessarily the uses therein. It encourages redevelopment of sites with older building stock that meet architectural and design of the Crescent District. Then in the B-4, the guiding principles, again, were a mix of uses. Again, we highlighted that there are two targeted areas that have been approved. That's the Village of Leesburg and Leegate. It's not a predominant zoning district in Town. Then lastly, recommends these to be a minor special exception on the B-4 based on the district's higher density and a more in-depth review of the character. We analyzed other use standards; that's density and intensity being one. Here, we're recommending a 50 -bed maximum limitation, and the foundation for this was that the proposed use is not consistent with say, for instance, multifamily dwellings, which typically has a dwelling unit per acre limitation. The use is similar to assisted living residence and continuing care facility, which Council just adopted and those include standards based on beds. Then lastly, applicants again may request higher densities as part of a minor special exception. We include standards for services, and here the focus was on design. That services should occupy the ground floor, just like the other tenants of the Crescent District. Safety, we want to make sure that the receiving area is safe and adequate. Then lastly, that there is some on -site oversight so having a manager five days a week during working hours available. Another use standard was on -site recreation. Again, here we wanted to make sure that with a residential -like use that recreation is an essential component and that ensures consistency across zoning districts in our Crescent District and B-4. We looked at parking and loading. Here, we came to the conclusion based on the fact that the clientele typically don't have their personal vehicles. The focus is on service providers and employees. Then lastly, the standards would require at least a minimum of 10 parking spaces. Again, with review of each application, more could be required. We looked at public transportation as an essential component to the use. Here, clientele will not have direct access to a personal vehicle. We recommended zoning districts that are already served by public transit. Then lastly, that transit stop or bus stop is an average of a five-minute walk to gain those services. We did include some prohibitions, and again, this was to prevent nuisances and then prohibit the storage of inoperable vehicles. We didn't want it to become a nuisance use. I've included the approval criteria that's in the Zoning Ordinance. We do recommend approval of this text amendment, and it's based on the following. That the uses provide opportunities to support needed community supporting services, the uses provide opportunities for temporary housing needs, the use implements Town Plan goals and policies, the use encourages redevelopment in the Crescent District, and lastly, is consistent with good zoning practice. There are motions for your consideration, and I'm happy to answer any questions that you may have. Mayor Burk: Thank you. Is there any questions on this? Dr. Cimino-Jonhson. Council Member Todd Cimino -Johnson: Thank you, Madam Mayor. I don't have any questions. I just want to say thank you for taking the time to do this and working with LAWS and making sure that we have the most appropriate text amendment that we could get. Thank you. Page 8IJanuary 23, 2024 Mayor Burk: Anyone else at this point? I just have a couple of small questions on-- Now, none of these districts are primary residential areas. Mike Watkins: Correct. Mayor Burk: How --It's going to require more than eight unrelated persons. Mike Watkins: Yes, ma'am. Mayor Burk: You're talking about something that's much bigger than a group home setting. Do we have a limit on it or is that just part of the process when they come in? Mike Watkins: 50 beds. Mayor Burk: 50, okay. Mike Watkins: Then if that density doesn't work for that user group, they could petition through a minor special exception for more. Mayor Burk: Then B-4 district, you refer to the Village of Leesburg and Leegate. Is Leegate still the name of it? Mike Watkins: Let's see. The residential portion, it goes by the name Tuscarora Village. As far as our legislative approvals go and how we refer to it is Leegate. Mayor Burk: Oh, is that right? Mike Watkins: Yes. Mayor:Burk: Oh, okay. Interesting. I didn't realize that. I thought that was all gone. It says here, "Clientele typically do not have a personal vehicle." Where did you come with that? How did you come up with that? Mike Watkins: Discussions with LAWS directly. Mayor Burk: Is that right? Mike Watkins: Yes ma'am. Mayor Burk: Okay, because if you have 50 people and you only have 10 spaces, is that even enough to take care of the service providers? Mike Watkins: I think what we wanted to ensure that there was a minimum standard to provide parking on -site. When the site plan would come in, we would have that Q&A with whoever the user is to determine whether or not more would be needed. Mayor Burk: All right. I think that's it. I think that's all I have. Thank you. Do I have anybody that would like to make the motion at this point? Chris Spera: [inaudible] Mayor Burk: Oh, darn. I thought I got it all the way through. Now I see other— Well, lights are out. Council Member Cummings: I was going to make a motion. Mayor Burk: Oh okay. [chuckles] Is there anybody-- There's nobody who has signed up. Is there anybody from the audience that would like to speak to this matter? Seeing no one, I will close the hearing. Does anybody want to make a motion on this? Page 9IJanuary 23, 2024 Council Member Cummings: Madam Mayor, I'll make the motion. Mayor Burk: Okay. Council Member Cummings: I move to approve the proposed Zoning Ordinance amendment TLZNOA2023-0005 for the purpose of defining and creating use standards for the Congregate Housing Facility based on the findings that the amendment furthers objectives of the Town Plan and that the proposal would serve the public necessity, convenience, general welfare, and good zoning practice. Mayor Burk: Is there a second? Council Member Cimino -Johnson: I'll second. Council Member Nacy: Second. Mayor Burk: Okay, we got a dual second going on here. [laughter] Council Member Cimino -Johnson: Nacy is easier. Mayor Burk: Okay. [laughs] All right, Council Member Nacy got that one, and all in favor, indicate by saying, aye. Members: Aye. Mayor Burk: Opposed? All right, that passes. Thank you, Mr. Watkins. All right, that takes us to our future Council meetings and agenda topics, and any disclosures that you have this point. Mr. Wilt? Council Member Wilt: No. Mayor Burk: Mr. Bagdasarian? Council Member Bagdasarian: No. Mayor Burk: Ms. Nacy. Council Member Nacy: No. Mayor Burk: Dr. Cimino -Johnson? Council Member Cimino -Johnson: Yes, I don't have any disclosures, but I would like to say, "Good job to the Town of Leesburg for removing snow." I know it's been a couple of years since we've seen that stuff, but it was nice to see it gone pretty quickly on the streets. The second thing is, I'd like to thank whoever put up these signs on Trailview and Cardinal for the "Cross Traffic Does Not Stop" because that's something I asked for a couple of weeks ago and I noticed they're now up there. So thank you very much. Mayor Burk: All right. Council Member Cummings? Council Member Cummings: No. Mayor Burk: Vice Mayor Steinberg? Vice Mayor Steinberg: I have nothing. Thank you. Mayor Burk: All right. I have a couple of things. First off, I would like to see if I can get four people that would be interested in asking the Town Manager to work with the Leesburg Movement. That's the name of it, right? Leesburg Movement? And look at the possibility of doing both, continuing Friday and Saturday street closures. Is there four people that would be interested in that? Okay, everybody Page 10IJanuary 23, 2024 but Mr. Wilt because he's busy. Now on January 9th, 1 met with Supervisor Kershner on the Compass Creek Annexation issue. On January 10th, Vice Mayor Steinberg and I participated in a discussion with the County on the Compass Creek Annexation. On that same day, same night, I was joined with Airport Director, Scott Coffman, Airport Committee Chair Forsythe, and Airport Committee Member Silvey to speak to the Board of Supervisors. They were considering the Clear Springs Development outside the Leesburg limits. They are proposing over 1,000 homes directly under the Airport runway. We spoke in opposition to the project, due to the large number of homes that will be located directly under the roadway. Supervisors were unaware of the items, so it was good that we stayed until 1:30 in the morning to share our concerns. I want to welcome Leesburg Diner, the new owners. They held their ribbon cutting. The restaurant has been spruced up. It's looking very nice, and there's very good food to enjoy. If you get the chance, stop at the new Leesburg Diner. I also wanted to welcome HOTWORX. It's a new fitness concept that uses heat and infrared lighting to help with the body's inflammation. It's a very unique concept and wonderful people that work there and own it. This is just an opportunity and new business located here in Leesburg that's very different and very unique. It's located at the Giant shopping center on Battlefield. I want to thank Tammy Carter and her excellent committee that organized the MLK March and the program on January 15th, on Martin Luther King Day. It is a huge effort to make this program work. Every year, Tammy and her committee put together a very inspiring and enjoyable event, and I want to thank all of them for that. January 17th, I participated in the Potomac Crossing HOA half an hour question and answer period. Each community in Leesburg is very unique and has its own issues. To get the chance to hear the Potomac Crossing issues was very helpful and very interesting. The Residential Traffic Committee is already going to be creating a Traffic Calming Plan for that community when Veterans Park opens. Formally, on January 20th, I attended the annual Loudoun County Rescue Squad Dinner and Award Ceremony. Then I drove over to the, and I swear I didn't speed, Officer, I didn't speed, but I drove over then to the Loudoun County Volunteer Fire Company Dinner. I was honored to be able to swear in both the auxiliary officers and the line officers. Both these organizations are volunteer organizations, and it is so impressive to see people that are so committed to their community that they're willing to give up so much time and energy, and effort and share their talents with people in the community. I want to thank both organizations for allowing me to participate. On January 22"d, I met virtually with Chuck Kuhn to talk about Westpark. On that same day, I also met with Pastor Michelle Thomas from the Freedom Center and NAACP Phillip Thompson about a plaque for one of the three African -Americans who was lynched here in Loudoun County. We also had a short discussion on Potter's Field. I too want to thank the Town staff for the excellent job they did of removing snow. Even after they removed the snow, the next day they went and they by hand got rid of any of the snow that was on sidewalks and blocking handicapped access. I do want to remind our businesses and our residents that it is your responsibility to clear the sidewalk in front of your house or your business 24 hours after the snow has stopped. There are some people that might have forgotten that. We want to remind them that that's your responsibility, and it's really important to do. Thank you, everybody. I want to lead this over to the Town Manager. Kaj Dentler: No comments. Mayor Burk: In that case, do I have a motion to adjourn? Council Member Nacy: So moved. Mayor Burk: Council Member Nacy. Is there a second? Council Member Bagdasarian: I'll second. Page 111January 23, 2024 Mayor Burk: Council Member Bagdasarian. All in favor? Members: Aye. Mayor Burk: Opposed? That passes 7-0. Page 12JJanuary 23, 2024