HomeMy Public PortalAbout2024_tcmin0123COUNCIL MEETING January 23, 2024
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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.
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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
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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.
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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
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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
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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.
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COUNCIL MEETING January 23, 2024
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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.
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COUNCIL MEETING
January 23, 2024
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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