HomeMy Public PortalAbout2020_tcmin0728 COUNCIL MEETING July 28, 2020
Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Burk presiding.
Council Members Present: Ron Campbell, Thomas Dunn, Suzanne Fox, Vice Mayor
Marty Martinez, Neil Steinberg, and Mayor Kelly Burk.
Council Members Absent: None.
Staff Present: Town Manager Kaj Dentler, Deputy Town Manager Keith Markel, Interim
Town Attorney Martin Crim, Director of Utilities Amy Wyks, Director of Public Works
and Capital Projects Renee LaFollette (via WebEx), Director of Economic Development
Russell Seymour, Public Information Officer Betsy Arnett(via WebEx), Director of
Planning and Zoning Susan Berry Hill, Deputy Director of Planning and Zoning Brian
Boucher, Deputy Town Attorney Christine Newton, Zoning Administrator Mike Watkins,
Management and Budget Officer Jason Cournoyer, Preservation Planner Lauren Murphy
(via WebEx) and Clerk of Council Eileen Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Campbell.
3. SALUTE TO THE FLAG was led by Council Member Fox.
4. ROLL CALL
a. Remote Participation
Vice Mayor Martinez and Council Member Dunn requested to electronically
participate in the July 28, 2020, Council Meeting due to the health and safety
concerns associated with the Coronavirus. Mayor Burk, Council Member
Campbell, Council Member Fox, and Council Member Steinberg were physically
present at the meeting.
MOTION2020-172
On a motion by Council Member Fox, seconded by Council Member Campbell, the
following was proposed:
To allow Vice Mayor Martinez and Council Member Dunn to electronically
participate in the July 28, 2020, Council Meeting
The motion was approved by the following vote:
Aye: Campbell, Fox, Steinberg and Mayor Burk
Nay: None
Vote: 4-0-2(Vice Mayor Martinez and Dunn absent)
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COUNCIL MEETING July28, 2020
5. MINUTES
a. Work Session Minutes of July 13, 2020
MOTION2020-173
On a motion by Council Member Campbell, seconded by Council Member Steinberg,
the minutes of the Work Session of July 13, 2020, were moved for approval.
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, and Mayor Burk
Nay: None
Vote: 6-0
b. Regular Session Minutes of July 14, 2020
MOTION2020-174
On a motion by Council Member Steinberg, seconded by Council Member Campbell,
the minutes of the Regular Session of July 14, 2020, were moved for approval.
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, and Mayor Burk
Nay: None
Vote: 6-0
c. Special Session Minutes of July 16-17, 2020.
MOTION2020-175
On a motion by Council Member Fox, seconded by Council Member Campbell, the
minutes of the Special Session of July 16-17, 2020, were moved for approval.
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, and Mayor Burk
Nay: None
Vote: 6-0
6. ADOPTING THE MEETING AGENDA
On a motion by Council Member Steinberg, seconded by Council Member Campbell, the
meeting agenda was moved for approval.
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0
7. CERTIFICATES OF RECOGNITION
a. None.
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COUNCIL MEETING July 28, 2020
8. PROCLAMATIONS
a. The Ampersand Pantry Project.
Mayor Burk presented the proclamation for the The Ampersand Pantry
Project to Mr. Peter Burnett. Mr. Burnett made a few comments and noted that he
was accompanied by many of the volunteers in the audience who help support the
project.
9. PRESENTATIONS
a. None.
10. REGIONAL COMMISSION REPORTS
a. None.
11. PETITIONERS
The Petitioners section was opened at 7:09 p.m.
Tanja Thompson. Spoke to Council about Council Member Dunn's actions at the
previous Council Meeting relative to requests made on behalf of or in support of the
NAACP.
Chris Stephenson. 806 Wage Drive. Spoke to Council as a Planner with the
engineering firm Gordon and representing Loudoun County and the Department of
General Services in support of the text amendment and rezoning of the property at 20
Union Street on the Council's agenda for adoption. Mr. Stephenson said a museum is
being considered for the site.
The Petitioners section was closed at 7:16 p.m.
12. APPROVAL OF THE CONSENT AGENDA
MOTION2020-176
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
following Consent Agenda was proposed:
a. Awarding the Fiscal Year 2021 Annual Street Maintenance-Brick and
Concrete Repairs contracts to Gull Corporation and Arthur Construction
Company. Inc.
RESOLUTION2020-078
Awarding Fiscal Year 2021 Annual Street Maintenance- Concrete and Brick
Repairs Contracts to Gull Corporation and Arthur Construction Company,
Inc.
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COUNCIL MEETING July 28, 2020
b. Old Waterford Knolls Pump Station Rehabilitation
RESOLUTION2020-079
Approving a Task Order for the Design of the Old Waterford Knolls Pump
Station Rehabilitation to Dewberry in the amount of$137,770
Council Member Fox asked about the work being done to the pump
station. Ms. Wyks explained that Dewberry was doing the design of the
rehabilitation needed for the pump station and upon completion of the
design, they will put together the bid documents that have the design and
information related to the equipment upgrades so that the project could go
out to bid for a contractor to do the work.
The Consent Agenda was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor
Burk
Nay: None
Vote: 6-0
13. RESOLUTIONS /ORDINANCES / MOTIONS
a. Zoning Text Amendment and Rezoning of Property located at 20
Union Street
MOTION2020-177
On a motion by Council Member Steinberg, seconded by Council Member
Fox, the following was proposed:
RESOL UTION2020-080
Initiation to Amend Zoning Ordinance Article 7 Overlay and Special Purpose
Districts, Amending Lot Standards in the Government Center(GC)District,
Concurrently with a Rezoning of Property at 20 Union Street
Ms. Berry Hill gave a brief overview of the text amendments and
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rezoning for this property. She noted that the County is looking at working
with a number of non-profits to repurpose the old Douglass School.
Mr. Campbell noted he is the Executive Director of the Loudoun
Freedom Center who is in discussion with Loudoun County on potential
uses for the site. To avoid a conflict of interest, Mr. Campbell stated he
would abstain from the vote.
The motion was approved by the following vote:
Aye: Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 5-0-1 (Campbell abstain)
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COUNCIL MEETING July 28, 2020
b. Amending Council's Ethics Policy
MOTION2020-178
On a motion by Council Member Fox, seconded by Council Member
Campbell, the following was proposed:
To postpone the discussion on the Council's Ethics Policy to the first meeting
in October to allow for discussion with the newly-hired Town Attorney
Council comments included whether the item should be tabled or
postponed. Council Member Fox withdrew her original motion to table the
item and restated the motion alternatively requesting a postponement and
selected the first meeting in October.
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Steinberg
Nay: Vice Mayor Martinez and Mayor Burk
Vote: 4-2
c. Appointment of a Temporary Council Member
MOTION
On a motion by Council Member Campbell, seconded by Council Member
Fox, the following was proposed:
RESOLUTION
Appointing Mr. Nicholas Clemente a Temporary Council Member
Council Member Campbell noted that the adopted process by Council
in 2020-076, Section 5, states that only candidates receiving at least four
votes from Council would be discussed. Mr. Campbell noted that Mr.
Clemente was the only candidate to receive at least four votes noting that he
actually received five votes. Mr. Campbell expressed his support for Mr.
Clemente.
The motion failed by the following vote:
Aye: Campbell,Dunn, Fox
Nay: Vice Mayor Martinez, Steinberg and Mayor Burk
Vote: 3-3
MOTION
On a motion by Vice Mayor Martinez, seconded by Council Member
Steinberg, the following was proposed:
RESOLUTION
Appointing Ms. Gladys Burke a Temporary Council Member
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COUNCIL MEETING July 28, 2020
Council Member Campbell asked for a point of order stating that the
resolution states that only candidates receiving four votes would be discussed
and considered for the appointment at the current meeting. Mr. Campbell
stated that no additional candidates should be discussed. Mayor Burk asked
Mr. Crim for his opinion and Mr. Crim stated that Council went through the
process that was outlined in the resolution by reviewing and discussing the
one candidate receiving at least four votes. That person was not selected by
the majority of Council.and the process outlined in the resolution is now
complete. Mr. Crim stated that as the item is still unresolved, it is Council's
discretion on how to proceed with appointing a temporary Council Member.
Council Member Dunn asked for a point of inquiry stating that if the
one process outlined by Council has ended then a new process should be
approved by Council.
The motion failed by the following vote:
Aye: Vice Mayor Martinez, Steinberg and Mayor Burk.
Nay: Dunn, Fox
Vote: 3-2-1(Campbell abstain)
MOTION
On a motion by Council Member Steinberg, seconded by Mayor Burk, the
following was proposed:
RESOLUTION
Appointing Ms. Marantha Edwards a Temporary Council Member
Mayor Burk offered words of support for Ms. Edwards' appointment.
The motion failed by the following vote:
Aye: Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Campbell, Dunn, Fox
Vote: 3-3
MOTION
On a motion by Council Member Dunn, seconded by Council Member Fox,
the following was proposed:
RESOLUTION
Appointing Mr. David Miles a Temporary Council Member
Council Member Dunn offered words of support for Mr. Miles'
appointment.
The motion failed by the following vote:
Aye: Campbell, Dunn, Fox
Nay: Vice Mayor Martinez, Steinberg and Mayor Burk
Vote: 3-3
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COUNCIL MEETING July 28, 2020
MOTION
On a motion by Council Member Steinberg, seconded by Mayor Burk, the
following was proposed:
RESOLUTION
Appointing Mr. Todd Cimino-Johnson a Temporary Council Member
Council Member Steinberg offered words of support for Mr. Cimino-
Johnson's appointment.
The motion failed by the following vote:
Aye: Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Campbell, Dunn, Fox
Vote: 3-3
MOTION
On a motion by Vice Mayor Martinez, seconded by Council Member
Steinberg, the following was proposed:
RESOLUTION
Appointing Mr. Zach Cummings a Temporary Council Member
Council Member Dunn expressed his concerns with selecting
someone who was currently running for office.
The motion failed by the following vote:
Aye: Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Campbell, Dunn, Fox
Vote: 3-3
MOTION2020-179
On a motion by Council Member Dunn, seconded by Council Member
Campbell, the following was proposed:
To postpone discussion of appointing a Temporary Council Member to the
next regular business meeting
Council discussed if a postponement was approved that it be prepared
to act at the next meeting versus having the Court appoint someone, to
proceed with the Court appointing someone if Council cannot reach
anything other than a 3-3 vote, Council's right to vote for whichever
candidate they choose, support to certain candidates, the approved process
that was used and the candidate who received five nominations from
Council.
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COUNCIL MEETING July 28, 2020
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Steinberg and Mayor Burk
Nay: Vice Mayor Martinez
Vote: 5-1
d. Appointment of a Town Attorney
Mr. Crim suggested that the name of the person be inserted into the
motion listed on the agenda prior to approving the resolution.
MOTION2020-180
On a motion by Vice Mayor Martinez, seconded by Council Member
Campbell, the following was proposed:
To approve the Town Attorney contract to Christopher Spera as presented.
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor
Burk
Nay: None
Vote: 6-0
Mr. Dentler noted that Mr. Spera will start on August 17.
e. Motion to Approve the Proclamation Recognizing Rachel Roberts—
Leesburg's Flower Lady (Sponsor: Mayor Burk)
MOTION2020-181
On a motion by Mayor Burk, seconded by Council Member Steinberg, the following
was proposed::
I move to approve the Rachel Roberts—Leesburg's Flower Lady Proclamation to be
proclaimed at the August 11, 2020, Town Council Meeting.
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 5-0-1(Dunn abstain)
f. Motion to Approve the Proclamation for Hispanic Heritage Month
(Sponsor: Vice Mayor Martinez)
MOTION2020-182
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
following was proposed:
I move to approve the Proclamation for Hispanic Heritage Month to be proclaimed at
the August 11, 2020, Town Council Meeting.
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COUNCIL MEETING July 28, 2020
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 5-0-1 (Dunn abstain)
Council Member Dunn asked for a Point of Order requesting the comments made
by a Petitioner directed towards him be stricken from the record as Council's rules for
decorum state that no Council Member or speaker should be allowed to make
inflammatory or insulting comments towards anyone of the public, staff, or Council
Members. Mayor Burk did not accept Mr. Dunn's request stating the,comments were the
opinion of the speaker. Mr. Dunn asked for an appeal of the Chair's decision. As there
was no second, no further action was taken on Mr. Dunn's appeal.
14. PUBLIC HEARINGS
a. TLOA-2020-0001, Amending the Doggy Day Care Use Standards to Permit
Accessory Overnight Boarding, and to Amend `Cattery' Uses in Various
Zoning District
The Public Hearing was opened at 7:58 p.m.
Mr. Mike Watkins presented Council with the proposed amendments to the
Doggy Day Care use standards to permit accessory overnight boarding, and to
amend `Cattery' uses in various zoning districts. The business initiated
amendments include a request from Animal Angel Aid where the amendment
proposed was to allow cattery uses in all business districts including the Planned
Residential Community District and the PRC district. The proposal from Playful
Pack Doggy Day Care is to permit overnight boarding without a prescribed
limitation and to establish reasonable conditions at the time with special exception
review. Both businesses would like to locate the Village at Leesburg. Mr. Watkins
said staff reviewed the proposals and looked at two primary concerns—noise and
odor and that the use complements the intended principal use and reviewed those
findings with Council. Mr. Watkins also summarized the Planning Commission's
review and recommendation.
The proposed text amendments include a new use doggy day care with the
accessory kennel. Overnight boarding is permitted as a special exception. It's located
in the B-2,.B-3, B-4, and I-1 district as what's included today in the current
ordinance but includes new use standards where the use must be within a fully
enclosed building, requires noise attenuation measures, demonstrates that the
kennel is accessory to or subordinate to the doggy day care. It's not permitted in a
building with residential uses. The waste system must be connected to the Town's
sanitary sewer system, provide details of the boarding area and its enclosures,
provide a separate heating and ventilation and air conditioning system for the
facility only not linked to the other tenants in the building, and is subject to all
applicable State regulations.
Food cannot be served by the Cattery establishment itself and is not intended
to operate as a boarding facility meaning that that the purpose is for someone to
bring in an animal to be boarded.
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COUNCIL MEETING July 28, 2020
Mr. Watkins presented two ordinances to Council for consideration—one
with the Planning Commission recommendations and the other with staff
recommendations. The principal draft includes the Planning Commission's
recommendation that the cattery be changed from a by-right useto a special
exception use and exclude the B-4 and the PRC. The alternate ordinance includes
cattery as a special exception, and the B-4 and the PRC as a special exception.
Council asked questions related to where the cattery is currently permitted
by-right, what items will be discussed at the time of special exception, serving food
in a cattery/cat café, the ability to ask questions during the special exception process
and the ability to board overnight.
Mr. Shane Murphy and Ms. Louise Zwicker with Reed Smith,and Mr.
Robert Lucas with Rappaport spoke to Council regarding the proposed
amendments. They spoke about their experiences with doggy day care businesses in
other jurisdictions and addressed the Council's ability to review and request
additional measures needed and allowable uses through the special exception
process. Some topics that could be reviewed as part of a.special exception include
overnight stays and acoustical attenuation measures at the facilities. Council asked
questions regarding the differences between a kennel and a doggy day care,and the
use of the term cattery or cat café.
Public Speaker:
Robert Lucas. Spoke to Council as the Director of Construction for .
Rappaport in support of the text amendments to allow special'exceptions for these
uses.
The Public Hearing was closed at 8:52 p.m.
MOTION
Council Member Steinberg withdrew his motion to allow a Cattery/Cat Café as a
Special Exception use in all areas identified by staff.
Mr. Watkins provided clarification on the use standards that were proposed
in the ordinance for special exceptions in the B-4 and PRC and noted that doggy
day care is already permitted as a special exception. Council requested visuals of
other doggy day cares and additional operational information for both types of
facilities. Mr. Watkins requested additional information from Council on what
should be included for operational analysis.
MOTION
Vice Mayor Martinez withdrew his motion, seconded by Mayor Burk to refer to the
Cattery as a Cat Café after clarifying discussion with Council and staff
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COUNCIL MEETING July 28, 2020
MOTION 2020-183
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
following was proposed:
For staff to review Council's comments and return at the next business meeting with a
revised ordinance for Council's consideration
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0
b. TLZM-2020-0004 Amendments to the Official Zoning Map and TLOA-
2020-0002 Amendments to Article 7 of the Zoning Ordinance to Establish
the Gateway District(Overlay).
The Public Hearing was opened at 9:03 p.m.
Mr. Brian Boucher presented Council with the proposed Gateway Overlay
District as a replacement to the H-2 Overlay District. Mr. Boucher said the H-2 was
created in 1990 and has been considered outdated for some time. He stated some of
the issues are that it treats all gateways the same despite different environments,
histories, uses, and appearances and is been considered too permissive in that it only
has guidelines. Mr. Boucher explained the difference between guidelines and an
ordinance and noted that the process was also criticized for not having an
administrative function where all applications had to go to the BAR for review. Mr.
Boucher noted that an H-2 Working Group was established with three members of
the Planning Commission and three members of the BAR to consider updating the
H-2 Corridor District replacing the H-2 Overlay District.
Key elements of the new overlay district include new regulatory design
standards, improved streetscape, improved pedestrian experience, streamlined
application process and improved safety, where possible. The current public
hearing was to address the Zoning Ordinance changes and the Zoning Map
Overlay. The roads encompassing the new Gateway Overlay District include: East
Market Street, West Market Street, North King Street, South King Street, and
Edwards Ferry Road. The H-2 District currently has 607 parcels and the new
Gateway Overlay District will reduce this to 332 parcels or 299 under the Planning
Commission recommendation. Mr. Boucher reviewed each of the proposed areas
and the impacts or reduced impacts to each and why it was decided to use 15'
within the public right-of-way. He said it was because it is what is most visible
while driving in these corridors.
Council asked questions related to whether this involved the taking of private
land, that it is only an overlay district and no public land is being taken, maintaining
a consistent experience when replacements are made within the 15' of the public
right-of-way, how the overlay affects single-family detached homes currently in the
H-2 Overlay District, future ideas regarding Town CEP Streetscape projects,
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COUNCIL MEETING July 28, 2020
redevelopment projects, and the desire for design guidelines that residents,
developers, Planning Commission and staff can follow.
Public Speakers:
Blodai Pepper, 240 Edwards Ferry Road. Spoke to Council about whether
or not undergrounding utilities was considered. Ms. Pepper also asked about
changes within the 15' and if there was discussion to change the apron or sidewalks
to brick. Mr. Boucher explained the process to her regarding any changes within
the 15' and said he was not aware of any plans in the CEP to change the apron or
sidewalk within the public right-of-way along Edwards Ferry Road but would look
into it and provide her with a separate response.
Richard Koochagian. Spoke to Council in support of the Gateway Overlay
District and noted he is a member of the H-2 Working Group and a current member
of the Board of Architectural Review. He clarified the 15' requirement and the
visual protections it will provide to the arteries into Town and the improved
application process.
Dario De Hoyos. ,Spoke to Council regarding a letter he received from
Christopher Consultants regarding taking a two-to three-foot section of sidewalk at
240 Edwards Ferry. Mr. Boucher said that his questions were unrelated to the
current public hearing but that he would inquire to the Capital Improvements staff
and provide a response to his concerns. Mr. De Hoyos said he thought it may be
related to the Courthouse Expansion Project.
Molly Novotny. Spoke to Council as a representative of the Peterson
Companies. Ms. Novotny requested a change in the proposed language to the
section related to the building design/four-sided architecture definition in the
ordinance changing the word "compatible" to "coordinated." Ms. Novotny
provided additional suggested changes to the ordinance.
The Public Hearing was closed at 9:53 p.m.
MOTION2020-184
On a motion by Council Member Steinberg, seconded by Council Member Campbell,
the following was proposed:
ORDINANCE 2020-0-011
Approving TLOA-2020-0002 and TLZM-2020-0004 to Amend the Leesburg Zoning
Ordinance and the Official Zoning Map to Establish the Gateway District(Overlay),
an Architectural and Design Overlay District
Council discussed placing an additional burden on 140 more parcels that
were not previously in the H-2 Overlay District and the desire to have design
standards completed prior to this district being implemented.
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COUNCIL MEETING July 28, 2020
The motion was approved by the following vote:
Aye: Campbell, Dunn, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Fox
Vote: 5-1
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO
FUTURE MEETINGS
Council Member Dunn stated that statements which are demeaning or defamatory
to members of the public, the staff or Council are inappropriate and out of order. Mr. Dunn
noted that the Chair not ruling that defamatory comments were out of order showed
prejudice against him. Mr. Dunn gave examples of where in the past other speakers were
called out for much less and at this point did not see the value in an ethics discussion. Mr.
Dunn rebutted the speaker's earlier comments. Mr. Dunn also clarified that the topics he
suggested regarding the NAACP were in response to a discussion at the last meeting
regarding the need for a follow-up meeting with the NAACP where no discussion topics
had been identified. Mr. Dunn also added that he previously asked the Mayor to support a
Council resolution to denounce racist actions of the Governor but the Mayor chose not to
do so.
Council Member Fox disclosed that she met with Mr. Cook regarding the Cook
Farm property and their proposal to bottle water from the farm. Ms. Fox said she looked
at the reference to decorum on the agenda. Ms. Fox said that it echoes what Mr. Dunn
said about inappropriate comments from speakers. She also noted that it says Council may
ask questions to Petitioners. Ms. Fox requested an information memo clarifying decorum
at Council meetings.
It was the consensus of Council to add this as an information memo at a future meeting
(Campbell, Dunn, Fox and Mayor Burk).
Council Member Steinberg thanked Mr. Peter Burnett and the Ampersand Project
stating that it is an outstanding effort and a great look at what community can do to help
each other.
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
a. None.
19. TOWN MANAGER COMMENTS
a. None.
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COUNCIL MEETING July 28, 2020
20. CLOSED SESSION
a. Town Attorney Recruitment
The closed session was no longer required and there was no objection of
Council to move to the next agenda item.
b. Pending Litigation/Annexation and/or a Boundary Line Agreement with
respect to the JLMA
MOTION2020-185
On a motion by Mayor Burk, seconded by Council Member Steinberg, the
following was proposed:
I move pursuant to§2.2-3711(A)(7)and§2.2-3711(A)(8)of the Code of Virginia that
the Leesburg Town Council convene in a dosed meeting for the purpose of consultation
with legal counsel and briefings by staff members pertaining to the pending litigation
of Town of Leesburg et al v. Loudoun County et al, Loudoun County Circuit Court
No. 19-1768 where such consultation in open session would adversely affect the
negotiating or litigating posture of the Town;and consultation with legal counsel
regarding specific legal matters requiring the provision of legal advice by such counsel,
and pertaining to a potential annexation and/or boundary line agreement with respect
to the JLMA..
Mr. Dunn asked if it was possible to separate some elements of the BLA and
the lawsuit discussion so that some of it could be held in open session. Mr. Crim
stated the reasons why he believed the topics are intertwined and it would be
difficult to have any discussion of substance in an open session. He also noted that
Council could waive attorney-client privilege if it was inclined to do so. Mr. Dunn
stated his reasons why he believed there should be open discussion on these items.
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Dunn
Vote: 5-1
Council took a five-minute recess from 10:12 p.m. — 10:17 p.m. before
convening in a Closed Session at 10:18 p.m.
Council reconvened in a Public Session at 11:51 p.m.
MOTION 2020-186
On a motion by Mayor Burk, the following motion was proposed:
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COUNCIL MEETING July 28, 2020
In accordance with Section A§2.2-3712 of the Code of Virginia, I move that Council
certify to the best of each member's knowledge, only public business matters lawfully
exempted from open meeting requirements under Virginia Freedom of Information Act
and such public business matters for the purpose identified in the motion by which the
closed meeting was convened were heard, discussed or considered in the meeting by
Council.
The motion was approved by the following roll call vote:
Vice Mayor Martinez—aye, Dunn—aye, Campbell—aye, Fox—aye, Steinberg—
aye, Mayor Burk—aye •
21. ADJOURNMENT
On a motion by Council Member Fox, seconded by Council Member Steinberg, the meeting
was adjourned at 11:52 p.m.
2(sAJ"1"—'
Kelly u ayor
Town of Leesburg
ATTEST:
Clerk of Council
2020 tcmino72s
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July 28, 2020—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.leesburava.gov or refer to the approved Council
meeting minutes. Council meeting videos are retained for three calendar years after a meeting
per Library of Virginia Records Retention guidelines.)
Mayor Kelly Burk: I would like to call to order the June 28th, 2020, meeting of the Leesburg Town
Council. If anyone in the room needs hearing assistance, please see the Clerk. Tonight,the invocation
will be given by Council Member Campbell followed by the salute to the flag, Council Member Fox.
Council Member Campbell?
Council Member Ronald Campbell:Good evening. Recognizing the spirit that lives within us and then
our community,I ask us tonight to remember the life and legacy of House Representative John Lewis
and Reverend CT Vivian. The legacy that they leave behind to cause good trouble reminds us to let
every voice be heard. Every person be recognized and respected. We ask God tonight to give us
courage_to resolve, to do the necessary work, to make our community better. In precious name, we
pray.Amen.
Council.Member Fox: I pledge allegiance to the flag [unintelligible 00:03:05].
Mayor Burk: Do I have a motion to allow Vice Mayor Martinez and Council Member Dunn to participate
remotely at this July 28, 2020 Town Council meeting?
Council Member Suzanne Fox: So moved.
Mayor Burk: So moved by Council Member Fox. Second?
Council Member Campbell: Second.
Mayor Burk: Second by Council Member Campbell.
Google Assistant: Here's what I found.
Mayor Burk: [chuckles]We're not doing Google.All in favor?
Members:Aye.
Mayor Burk: Opposed?That is 4-0-2. All right. Mr. Martin-- Is it Mr. Mart-- One of you still has needs
to mute.We can hear you moving around, so I'm not sure if it's Mr. Martinez or Mr. Dunn.
Council Member Thomas Dunn: Not me.
Mayor Burk: [chuckles] I have minutes for the Work Session of July 13th, 2020. Do I have a motion?
Council Member Campbell: So moved.
Mayor Burk: So moved by Council Member Campbell, seconded by Council Member Steinberg.All in
favor?
Members:Aye.
Mayor Burk: Opposed? Okay. That's 6-0. I have a Regular Session minutes of July 14th, 2020.
Council Member Neil Steinberg: So moved.
Page 11 July 28, 2020
Mayor Burk:That, so moved by Council Member Steinberg. Second by Council Member Campbell.All
in favor?
Members:Aye.
Mayor Burk: Opposed? That's 6-0. All right. Special session minutes of July 16th and 17th, 2020. Do
I have a motion? So moved by Council Member Fox, seconded by Council Member Campbell. All in
favor?
Members:Aye.
Mayor Burk: Opposed?
Vice Mayor Fernando"Marty" Martinez:Aye.
Mayor Burk: 6-0.All right. Do I have a motion to adopt the meeting agenda?
Council Member Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg, seconded by?
Council Member Campbell: Seconded.
Mayor Burk: By Council Member Campbell.All in favor, indicate by saying aye.
Members:Aye.
Mayor Burk: Opposed? That's 6-0. We have no certificates of recognition, but we do have a
proclamation and I will read it here and then go down to the floor to present it. This is a proclamation
recognizing the Ampersand Pantry Project. Whereas the Ampersand Pantry Project founded by Peter
Burnett started in February 2020 as a community donation box on the Crossroads Baptist Church
property along Edwards Ferry Road. Whereas the initial intent was to develop a place that neighbors
could pick up or leave donations of food, staples, and other important supplies for those in need.
Whereas in with the economic impact resulting from COVID-19 pandemic, Mr. Burnett decided to
expand the Ampersand Pantry Project Program to provide free lunches for those in need.Whereas Mr.
Burnett owns the building located in 335 East Market Street that has a drive through window, which
made for a perfect location to offer a meal service while adhering to all social distancing guidelines.
Whereas each day different restaurants provide the food to serve up to 300 meals a day.
Whereas the Ampersand Pantry Project has served more than 26,300 meals since starting this service
in April 16th,2020,therefore, proclaim that the Mayor and the Council of the Town of Leesburg,Virginia
hereby recognize Mr. Peter Burnett, the volunteers and the restaurants that have donated their time
and resources to make the Ampersand Pantry Project a success for the betterment of the Leesburg
community, proclaimed this 28th day of July 2020.
All right, I'm going to go down and present this at this point and I will be right back. Mr. Burnett I know
he's here. Hello, Mr. [inaudible 00:07:04].
Peter Burnett: I have some volunteers[inaudible 00:07:07]
Mayor Burk: [laughs]Well,why don't we start[inaudible 00:07:11] at first?
Peter Burnett: That's fine.
Mayor Burk: [inaudible 00:07:15]. Thank you very much. I have to tell you a story. He came to me
and told me he wanted to do this and I was very[inaudible 00:07:23]. He was never going to be able
to do this and he couldn't pull it together in such a short time and get all that support and he did. He
Page 21 July 28, 2020
didn't just do it, he did an amazing job. It is just, it's truly inspiring to go there and see all the dedicated
volunteers that are taking so much of their time,so much of their energy in the restaurant by themselves,
but actually coming through for this project. Then you see everybody lined up and [unintelligible
00:07:53]that are finally [unintelligible 00:07:54]. I want to thank you on behalf of the Town Council
for this wonderful [inaudible 00:08:00] and I believe that you'll add it yourself.
Peter Burnett: I don't know[unintelligible 00:08:05] Iwo quick corrections.The address of the building
is 338, not 335. Not a big deal. We will take tomorrow,we might hit 30,000, so as of today it is 29,857.
[applause]
Pleased about that. [unintelligible 00:08:23] and I cannot tell you what a big deal it is to have the
volunteers who had [unintelligible 00:08:30]. By our calculation, you.have a total of 4,000 hours of
volunteer time and it has just been spectacular to make a city with folks from every walk of life helping
out, speaking English, Spanish, and other things, dealing with every kind of circumstance of poverty to
[unintelligible 00:08:53] and when everything we can to make sure human needs including over
100,000 diapers, dog food on Saturdays and then thank you Susan [unintelligible 00:09:04].
[laughter]
We're just thrilled with the time [unintelligible 00:09:08]worked so well. I hope you can keep it going
before we get back to work. That's simple.
Mayor Burk: Thank you very much [unintelligible 00:09:16].
Peter Burnett:Thank you.
Mayor Burk: Appreciate it.
[applause]
[unintelligible 00:09:20]
Peter Burnett: Thank you very much.
Mayor Burk: Thank you all for coming.
[applause]
Mayor Burk: All right. We don't have any presentations tonight. Anybody have any Regional
Commission reports?Okay. Petitioners, let me get this part out,okay.One of the first orders of business
is to hear from the public, and all members of the public are welcome to address the Council on any
item, matter, or issue. Please identify yourself and if comfortable, give your address for.the tape to
record.
Any public speaker will be requested to state their name and spell it for the purpose of closed captioning.
In the interest of fairness,we also ask that you observe the five-minute time limit.For those participating
in person or on WebEx,the green light on the timer 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 has expired.
For those participating on phone, you will hear a bell when your time is up. Under the rules of order
adopted by this Council,five-minute time limit applies to all. Council is now able to hear from members
of the public remotely. Once we have heard from everyone present in the room, we will hear from the
members of the public on phone.The first person we have to speak tonight is Tanja Thompson followed
by Chris Stephenson.Welcome, Ms. Thompson.
Page 31 July 28, 2020
Tanja Thompson: Hello. Hello, everyone. I can take this off, right? While at least I'm standing here,
right?
Mayor Burk: You're fine.
Tanja Thompson:Again, my name is Tanja Thompson. It's spelled T-A-N-J-A. Last name is Thompson
T-H-O-M-P-S-O-N. The reason I'm here today is that I was looking at this paper out of the Loudoun
Now, and it says, "Dunn offers initiatives for Black Lives Matter, NAACP."When I read that message, I
was appalled. I was actually insulted that a racist biggest misogynistic individual that sits on this Council
would have the audacity, that would have the gall to think or to feel that he could speak for the African-
American community.This man has done nothing, nothing to support, nothing to engage, nothing to put
himself in the position, in the position to think or to feel that he could speak or to even mutter the words
N-A-A-C-P out of his mouth.
I would like to go back to February of this year when I received a proclamation from the Black History,
from this order here, his name is not even on the proclamation. How can someone who is a bigot,who
is a racist, who was a well-known racist could come and think that he could even mutter the words? I
don't think that he can even spell the words. Better yet, how can he,Tom Dunn, yes,the invisible man,
think that he can actually put forth an initiative relative to the NAACP or Black Lives Matter.
Let me tell you what that looks like from my perspective. From my perspective, as an African American
woman who has lived in Loudoun County since 2005, it is just another racist tactic that you,Tom Dunn,
can think that you can one speak without even having a conversation. That stems back to how do you
think that you know what our issues are when you have not even had a conversation, referenced to
what our needs are.
It goes back to Jim Crow. It goes back to racism. It goes back to misogynistic race. I can't even say it
enough that this man feels that he can speak for the NAACP or anything and his initiative, as far as I'm
concerned,this is a tactic that he is using to be elected. Tom Dunn,we see you. I see you.Anyone that
is of color also sees you and that we will not stand with anyone that votes for him on crapped up mess
like this, do you need to stand with him,because you are not standing with us. Us as African Americans
who have laid our lives, not only for this County have done so much and that the audacity that this
would even come forward.
I am so upset. I am upset that even this Council here allowed him to attack me and did absolutely
nothing about it. As far as I'm concerned, he needs to whatever initiatives that he has, he needs to
retract them all because they are not acceptable, because you have not had a conversation with those
individuals that this is related to. How do you know that we even needed something like this? It's
because again, it is that white privilege. It is that those conversations that you have with those people
that look like you and not that looks like us.
Again, I am so upset, as you can tell, because typically I am a mild-mannered individual, but this has
really gotten under my skin that he would, because this is no more than an election tactic,that he thinks
that we are going to fall for it. These are what I call shackles, but you know what? I'm breaking the
shackle. I'm breaking the chain.As my very good, if not my friend, but I listened to him,James Baldwin.
Tom Dunn, I am not your Negro.
Mayor Burk:Thank you. Ms. Thompson. Ms. Thompson is followed by Chris Stephenson.
Chris Stephenson: Good evening. My name is Chris Stephenson. S-T-E-P-H-E-N-S-O-N. I live at 806
Wage Drive. Good evening, Madam Mayor, Members of the Town Council. I am a planner with the
engineering firm Gordon, and I'm here representing Loudoun County and the Department of General
Services. Tonight, I would like to take this opportunity to ask the Council to support a resolution that will
be presented here in front of you for the text amendment and rezoning of the property at 20 Union
Street.
The purpose of this request is the honor the African-American heritage of the existing school on the
property that was built in 1880, known as Douglass Elementary School. The property currently zoned
does not permit the existing school to be converted to a museum. This project would not be able to
Page 41 July 28, 2020
move forward without the support of this resolution. I sincerely hope that you will support the following
requests before you this evening.
The first part is the amendment to the text, amendment to the Zoning Ordinance to modify the certain
lot standards in the government-center district as a GC to rezone the property at 20 Union Street from
the existing RHDR6'in H-2 historic corridor architecture overlay districts to the government center and
to approve concurrent processing of the text amendment and the rezoning.All of this is in the purpose
to help a worthy project come to life. Thank you.
Mayor Burk: Thank you, Mr. Stephenson. Is there anybody in the audience that did not sign up that
would like to speak at this point?All right. Is there anybody on waiting online?
Betsy Arnett: Madam Mayor,we have no one online.
Mayor Burk: No one's online?
Betsy Arnett:-No, ma'am.
Mayor Burk: Okay. All right. Thank you. Then again, I'll ask anybody that would like to speak, didn't
sign up, that would like to speak at this point. All right, then I will close the Petitioner section. All right.
That takes us to approval of the Consent Agenda.We have two things on the agenda. I will read them
to the public and then ask if anybody wants anything removed. The first one is the awarding the Fiscal
Year 2021 Annual Street Maintenance, Brick and Concrete Repair Contract to Gull Corporation and
Arthur Construction Company. That's the resolution, the first one, and B is Old Waterford Knoll Pump
Station Rehabilitation,Approving the Task Order for the Design of the Old Waterford Knoll Pump Station
Rehabilitation to Dewberry in the amount of$137,770. Does anybody want anything removed?-
Vice Mayor Martinez: So moved.
Mayor Burk: So nobody wants[crosstalk]
Council Member Fox: I have a clarifying question. Just real quick about Item B, Old Waterford Knoll
Pump Station. I read the report or the staff report. It only talks about equipment. I'm wondering if the
design is because equipment will change. I'm just wondering why the staff report talks about equipment
when we're talking about construction here.
Amy Wyks: Good evening Madam Mayor, Members of Council. It's mostly equipment within the pump
station itself. The pumps, the instrumentation that's part of the pumps and roofs were done last year or
the year before. It's mostly related to the pump station itself,the equipment.-
Mayor Burk: So Dewberry needs to come in and take care of the equipment?
Amy Wyks: They're doing the design and upon completion of the design, they will put together a bid
documents that have the design and information related to the upgrades for the equipment and then
we'll see what will go out to bid to a contract.
Mayor Burk: Okay. Thank,you. Okay. All right: Anybody else have anything? All right. Do I have a
motion to approve,the consent agenda? I think Mr. Martinez--
Vice Mayor Martinez: So moved.
Mayor Burk: Vice Mayor Martinez, seconded by Council Member Steinberg. All in favor, indicate by
saying aye.
Members:Aye.
Mayor Burk: Opposed?Okay. I didn't hear Mr. Dunn.
Page 51 July 28, 2020
Council Member Dunn:Aye.
Mayor Burk: Okay, so that's 6-0.We have,the next section is on resolutions and motions.Our first one
is the zoning text amendment and rezoning of property located on 20 Union Street for initiation
Amending The Zoning Ordinance Article 7 Overlay and Special Purpose District, Amending Lot
Standards in the Government Center District, concurrently with the rezoning of the property at 20 Union
Street. Do I have a motion on this?
Council Member Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg.
Council Member Fox: Second.
Mayor Burk: Seconded by Council Member Fox. Does staff have a presentation?
Susan Berry Hill: Only to show the property, and so I'm happy to do that. Let's see. Eileen, I'm not
sure I can pull this up.Okay.Thank you.This is showing the property at 20 Union Street and it's currently
occupied by the old Douglass School which is not occupied right now, but there also is a brick office
building that is operational now. You heard from Chris Stephenson representing the County on this.
The first step that we would, that this initiation would represent would be to, if initiated, change the GC
district to allow for certain lot standards to be amended to allow for this.
Then the County would submit a rezoning to the property to rezone it from its current districts to the GC
districts. Now, I know that Chris had mentioned that that was a part of their request, that the County is
asking the Town to initiate that rezoning. Not just the text amendment, but the rezoning. I have talked
to the Director of General Services, Ernie Brown, about this and suggested that the County would be
better suited to submit the rezoning application on this due to their ability to put together an application
more quickly than what staff could do. He was generally okay with that.
The third part of the request is to run that rezoning concurrently with the text amendment changes, and
so your resolution before you tonight does include that. The resolution would initiate the amendments
to the GC district and also allow the rezoning and the text amendment to run concurrently. It would not
include staff being responsible for putting together the rezoning application.
Mayor Burk: Okay. Does anybody have any questions on this?The only question I have,it deals with
the small building, the modern building that's sitting there. Is this also going to be part of this historic
change?
Susan Berry Hill: It would be included in the GC. The whole property is split zoned right now, and so
the effort would be to rezone it to one district,the GC district.
Mayor Burk: Okay, and then the school system is giving up that building. They don't want the building
anymore?
Susan Berry Hill: Yes, I believe that has conveyed to the Board of Supervisors. I believe the County
is working with a number of non-profits to consider the repurposing of the Douglass School building.
Mayor Burk:All right, great.Thank you. Yes, you have a question?
Council Member Steinberg: Well, further information, so does this amendment in its current form
reflect the nature of what Susan has just discussed, meaning the Town will initiate the text amendment,
but the County will initiate the zoning amendment and the two will run concurrently? Does that wording
have to be in this motion?
Susan Berry Hill: That is what the resolution would do. Resolution represents a text amendment to
change the GC district, as well as running the text amendment and the rezoning concurrently which is
not something we normally do.
Page 61 July 28, 2020
Council Member Steinberg: Okay.
Mayor Burk:All right.Any other questions? Mr. Campbell?
Council Member Campbell: Yes,just a point of disclosure. I know that the Loudoun Freedom.Center
is in conversation with the County as for purposeful reuse of the site. As the Executive Director of the
Loudoun Freedom Center, I will be abstaining on this particular vote I think just for clarification and no
potential conflicts of interest.Thank you.
Mayor Burk: Thank you, Mr. Campbell.Anybody else?All right,we have it moved by Council Member
Steinberg, seconded by Council Member Fox and this is to initiate the amendments Zoning Ordinance
Article 7, Overlay.and Special Purpose District, Amending Lot Standards in the Government Center
(GC) District concurrently with the Rezoning of Property at 20 Union Street. All in favor, indicate by
saying aye.
Members:Aye.
Mayor Burk: Opposed? I didn't hear Mr. Dunn.
Council Member Dunn: I've said an unbiased and unracial aye:
Mayor Burk: Okay,and we have one abstention, correct?All right, so 5-0-1. Okay,thank you.All right,
the next one is a resolution amending Council's Ethics Policy. Do I have a motion?
Council Member Fox: Madam Mayor, I'd like to make a motion.
Council Member Campbell: So moved.
Mayor Burk:Wait a minute, excuse me, Ms. Fox was speaking. I'm sorry, Mr. Martinez.
Council Member Fox: May I make a motion? I'd like to make a motion to table this item until we can
discuss with our incoming Attorney: I feel like the incoming Attorney which hopefully two items from now
will decide about on that, but he's got some unique insights proven and documented ethics experience
and I think we'd benefit and I'd like to actually have his input on this item.
Mayor Burk: Okay. That is, Ms. Fox is making a motion to table.What did you say, Mr. Martinez?
Council Member Dunn: I've got a point of order, Mr. Dunn.
Mayor Burk: The Chair recognizes Council Member Dunn.
Council Member Dunn: Thank you. For Ms. Fox, I think if you table it, that's usually-- My
recommendation is we postpone it if you have a specific time. If you don't, then we could table it
indefinitely and it could be picked up:Do you have a time table to postpone it to?
Council Member Fox:Again, I'm anticipating the incoming Town Attorney. We have not adopted that
quite yet, so I don't feel comfortable postponing it until we have comfortably adopted,his contract. I also
think that when he gets here, he'll need to come up to speed, so l just don't know when to table it to,
but I would like to table it until perhaps he's in here comfortably, October or November, but I don't have
a specific date.
Mayor Burk:Then are you tabling this indefinitely if you don't have a date?
Council.Member Fox: No. I'll say first meeting in October.
Mayor Burk: Okay, so you're tabling it to the first meeting--
Vice Mayor Martinez: Point of order.
Page 71 July 28, 2020
Mayor Burk: Yes. Chair recognizes Vice Mayor Martinez.
Vice Mayor Martinez: The table motion is not to be used for this motion. The motion to postpone to a
time is the right motion to use.
Council Member Fox: Okay, I'll go ahead and withdraw table and substitute postpone.
Mayor Burk: Okay. Council Member Steinberg, you second to this? No? Okay. So you're okay with
changing the wording to postpone? Okay. Ms. Fox is making the motion to postpone this item to the
first meeting in October, correct?
Council Member Fox: Yes.
Mayor Burk:All right.Any discussion at this point?All in favor indicate by saying aye.
Members:Aye.
Mayor Burk: Opposed? Okay. Mr. Dunn you are a nay?
Martine Crim: Mr. Martinez.
Mayor Burk: Mr. Martinez? I can't hear the difference between you all I'm sorry. Who said nay?
Council Member Dunn: I was an aye.
Mayor Burk: Mr. Dunn said aye.
Council Member Dunn: [crosstalk]Yes.
Mayor Burk:Okay,so Mr. Martinez is the nay.All right.That's 4-2. I'm a nay also.All right.Appointment
of a Temporary Council member.We have a list of people that came forward. Do I have a motion?
Council Member Campbell: Madam Mayor?
Mayor Burk: Yes, sir.
Council Member Campbell: I'd like to make a motion that we appoint Nick Clemente as a temporary
appointment to Town Council.
Mayor Burk: All right, Council Member Campbell is making the motion for Mr. Clemente. Is there a
second?
Council Member Fox: Second.
Mayor Burk: Seconded by Council Member Fox.All indicate any discussion at this point?
Council Member Campbell:Yes.
Mayor Burk: Mr. Campbell?
Council Member Campbell: I believe that based on our own rules and resolution 2020076 Section 5,
the consideration of candidates for discussion for temporary appointment would only be candidates that
received at least four votes and that we agreed that they would be discussed tonight. Based on only
one candidate that received four votes and Mr. Clemente he got five, I believe that there's enough
consideration among at least five Council Members for Mr. Clemente to have that temporary
appointment. In fact,he's the only candidate based on this resolution that we authorized to discuss
tonight.
Page 81 July28,2020
I do support Mr. Clemente, his background, and his experience I believe will be of added value to this
Town and this Council. Mr. Clemente currently serves on the Planning Commission. I believe that his
background and knowing us that he can also come up to speed very quickly, so I fully support his
appointment.
Mayor Burk:All right.Anyone else have anything at this point? Mr.--
Council Member Dunn: Madam Mayor?
Mayor Burk: Yes?
Council Member Dunn:Yes, I had only submitted one name and that was David Miles and I was going
to vote for him, but again, if we're only putting one name on the table, I did talk to both—
Mayor Burk: Mr. Dunn, may I interrupt you?We did not decide to put only one name on the table. Mr.
Campbell is putting one name on the table, but we the Council has not decided that. Our resolution
doesn't state that, so go ahead with what you were saying.
Council Member Dunn: Okay, well, I thought that that's what we're doing. Well, what I was going to
say is that should the vote for Mr. Clemente go forward, I did speak to both Mr. Miles and Mr. Clemente
and I think both gentlemen would do a very good job. I think enough people that were on the list will do.
a fine job over the next few months. If Council chooses to support Mr. Clemente, I would go ahead and
do that also. Thank you.
Mayor Burk:All right.Anyone else at this point?All in favor of Mr. Clemente, indicate by saying aye.
Members:Aye.
Mayor Burk: It's Mr. Campbell, Ms. Fox. Mr. Dunn. Opposed?
Council Member Steinberg: Nay.
Mayor Burk: Mr. Steinberg. Mr. Martinez, how are you voting?
Vice Mayor Martinez: Nay.
Mayor Burk: Ms. Burk is nay. Do I have another motion?
Vice Mayor Martinez: I would like to make a motion that we appoint Gladys Burke.
Council Member Campbell: Point of order.
Mayor Burk: Yes. I recognize Mr. Campbell.
Council Member Campbell: Our own resolution said--
Vice Mayor Martinez: Excuse me. I just made a motion to appoint Gladys Burke.
Council Member Campbell: I made a point of order.
Vice Mayor Martinez:There is no point of order.
Council Member Campbell: There is.
Vice Mayor Martinez: The motions dies.
Mayor Burk:What motion died? Mr. Campbell is going to argue that our resolution states that--Well, I
should let Mr. Campbell make his point.
Page 91 July 28,2020
Council Member Campbell: I said it before and maybe Town Attorney can weigh in. It says whichever
candidates receive at least four votes will be discussed on July 28th. Now, you can make a different
motion, but under this current motion, only one candidate can be discussed tonight. You can make a
different motion for a future discussion and future conversation about future candidates, but not
according to this resolution.
Mayor Burk: Mr. Crim,would you weigh in on this, please?
Martin Crim: Yes. Thank you, Madam Mayor. Your resolution did say that you would go through a
certain process to put a name forward for discussion and you have done so. It doesn't say what would
happen after that person's name was rejected by the Council. It's the Council's discretion as to whether
to consider another name at this point.Your prior resolution is now completed.You did what it said you
were going to do and now you have before you the same agenda item which is still unresolved of
appointing a temporary Council member.
Mayor Burk:All right. Therefore, Mr. Martinez has a motion to--
Council Member Dunn: [unintelligible 00:34:33]
Mayor Burk:Who is speaking?
Council Member Dunn:A point of inquiry from Dunn.
Mayor Burk: Chair recognizes Mr. Dunn.
Council Member Dunn: Thank you. My question is that if our motion, our policies we voted on to go
forward ended with the non-vote for the one candidate to meet the resolution, then we should be
deciding at what the process is now.What[unintelligible 00:35:05]anyone can get some good:names
on the table or whether we want to continue with a different process? At this point, I guess the old
process is over and now we need to [unintelligible 00:35:16] the new process is. I did notice, by the
way, I had a quick question in the packet, although this is not the place for it, are all the votes for each
individual listed in the packet somewhere?
Mayor Burk: Yes.
Council Member Dunn: It is? Okay, I'll look for that[unintelligible 00:35:32]Thank you.
Mayor Burk: All right. The chair will rule that that motion is not well taken. We can proceed with the
putting people's names forward at this point.
Council Member Steinberg: I'll second the[unintelligible 00:35:50]
Mayor Burk: Seconded. Council Member Steinberg seconds Gladys Burke. All in favor, indicate by
saying aye.
Members:Aye.
Mayor Burk: Mr. Steinberg. Mr. Martinez. Ms. Burk. Nay?
Council Member Fox: Nay.
Mayor Burk: Ms. Fox.
Council Member Dunn: Nay.
Mayor Burl: Mr. Dunn. Mr. Campbell?
Council Member Campbell:Abstain.
Page 101 July28,2020
Mayor Burk:Abstain.All right. Is there any other motion?
Council Member Dunn: Madam Mayor [unintelligible 00:36:13] made the motion. A point of
clarification.
Mayor Burk: Excuse me just a minute, Mr. Dunn.While Ms. Burke did get the majority of the votes,we
did determine that it had to be at least four votes. Is that correct Mr. Crim?
Martin Crim: Yes, ma'am. It requires four affirmative votes.
Mayor Burk:All right. Does anybody else have another motion? Mr. Steinberg.
Council Member Steinberg: Madam Mayor, I'd like to nominate or move that we consider Marantha
Edwards.
Mayor Burk: Marantha Edwards. Second. I'll second that.All in favor? Do you have anything you want
to say in regard to this? I would just add that Ms. Edwards is a former employee that most certainly
would not have to come up to speed. She lived this life for quite a while. I think she'd be an excellent
addition.All in favor of Ms. Edwards, indicate by saying aye.
Council Member Steinberg:Aye.
Mayor Burk: Mr. Steinberg, Mr. Martinez. Ms. Burk. Opposed? Ms. Fox.
Council Member Campbell: Nay.
Council Member Dunn: Nay.
Mayor Burk: Mr. Campbell. Mr. Dunn. Is there another motion?
Council Member Dunn: Point of order.
Mayor Burk: Yes.
Council Member Dunn: Point of order. I just[crosstalk]
Mayor Burk: Excuse me. The chair recognizes Mr. Dunn. Is that who was asking?
Council Member Dunn: Yes, that's correct. I made a point of inquiry and I think you ruled my point of
inquiry as a motion out of order,there was no motion it was just for clarification. I'd also like to make a
motion to offer David Miles.
Mayor Burk: David Miles. Is there a second?Seconded by Council Member Fox. Is there anything you
would like to say?
Council Member Dunn: I would just say that David Miles has been of service to the Town on a few
different commissions in the past. He has actually helped with various meetings we've had. He and his
wife are very involved in community. In those meetings that he ran for us, he [unintelligible 00:38:25]
and a services, yes, moderator. I think he would do a good job. Thank you.
Mayor Burk: All right. Mr. Miles's names has been made by Council Member Dunn and seconded by
Council Member Fox.All in favor, indicate by saying aye.
Members:Aye.
Mayor Burk: Council Member Campbell.
Council Member Dunn:Aye.
Page 111 July 28, 2020
Mayor Burk: Steinberg and Dunn. Opposed?
Council Member Steinberg: Oh, excuse me. No.
Mayor Burk: Oh, I'm sorry. See, I'm already getting lost here. Okay. [laughs] Council Member
Campbell, Fox and Dunn. Opposed?
Council Member Steinberg: Nay.
Mayor Burk: Council Member Steinberg. Mayor Burk. Mr. Martinez?
Vice Mayor Martinez: Nay.
Mayor Burk: Mr. Martinez. Is there another motion?Yes?
Council Member Steinberg: I'd like to move we consider Todd Cimino-Johnson for the position,
please.
Mayor Burk: Okay.Mr. Steinberg is recommending we recommend Mr.Todd Cimino-Johnson. Is there
a second for that? I'll second that just for the discussion at this point. Do you have anything you would
like to add to that?
Council Member Steinberg: Only to say Mr. Johnson served the Town in the Tree Commission. He
seems well qualified by his resume. I've met with him, spoke with him, and I believe he would serve the
position well.
Mayor Burk:All right.All in favor of Mr.Johnson, indicate by saying aye.
Council Member Steinberg:Aye.
Mayor Burk:Aye. Opposed.
Council Member Fox: Nay.
Council Member Dunn: Nay.
Mayor Burk: Okay. Mr. Dunn, Mr. Fox, Mr. Martinez, and Mr.--Who am I missing?Campbell. Is there
another motion?
Council Member Dunn: Madam Mayor.
Vice Mayor Martinez: Madam Mayor.
Mayor Burk: Yes?
Vice Mayor Martinez: First, I did not vote nay.
Mayor Burk: I'm sorry.
Vice Mayor Martinez: If we're going to start going down the list, I would like to nominate Zach
Cummings.
Mayor Burk:Well, how did you vote then on Mr. Johnson? Nay?
Vice Mayor Martinez: Nay, yes.
Mayor Burk: You voted yes?Okay. 3-3.All right.Vice Mayor Martinez has made the motion to accept
Mr. Zach Cummings.Any discussion on that? Is there a second?
Page 121 July 28, 2020
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. Is there any discussion?
Council Member Dunn: Madam Mayor?
Mayor Burk:Yes?Who's speaking?
Martin Crim: Tom.
Council Member Dunn: Council Member Dunn.
Mayor Burk: Yes.We're getting ready to vote. Did you have a discussion on this nominee?
Council Member Dunn: Yes. Then well, of course, there are no rules by which we select a
replacement, other than those who have been set forth by the State and certain time limits. It has been
a tradition at Council that we not select people who are running for office. While Mr. Cummings is a
great supporter of the Democratic Party and I can understand how certain Council Members will want
to put him forward, I will not also be supporting Kari Nacy who's not directly related to the Democratic
Party and is generally on the conservative side. I don't think it's in good form to be allowing somebody
to come on the Council. We haven't done it in the past. I will be [unintelligible 00:42:34] no on Mr.
Cummings also. Thank you.
Mayor Burk:All right.All in favor of Mr. Cummings indicate by saying aye.
Council Member Steinberg:Aye.
Mayor Burk: Mr. Steinberg. Mr. Martinez. Mr. Martinez?
Vice Mayor Martinez:Aye.
Mayor Burk:Aye. Ms. Burk.All opposed indicate by saying aye.
Council Member Dunn: Nay.
Mayor Burk: Nay. [unintelligible 00:42:59] [chuckles]. Thank you. [laughs] Ms. Fox. Mr. Dunn. Mr.
Campbell? Nay?All right.
Council Member Dunn: Madam Mayor.
Mayor Burk: Yes.
Council Member Dunn: You're confusing, because when you say yes, but you don't call me, it's
different than when you say yes and did call on me earlier. I would like to make a motion that we
postpone the discussion on this until our next meeting to give Council Members a couple of weeks to
maybe reconsider their decisions,their reasons for Mr. Cummings getting five votes, but now that's not
satisfactory enough for the votes in digital form, so I'm sorry. Did I say Mr. Cummings? I think I meant
to say Mr. Clemente. I would like to make a motion to postpone this until our next regular meeting when
hopefully we come up with a decision before the courts directs us to [unintelligible 00:44:04]
Mayor Burk:All right. Mr._Dunn has made a motion to postpone to the next regular meeting. Is there a
second?
Council Member Campbell:Aye.
Mayor Burk: Seconded by Council Member Campbell. Any discussion at this point? Yes, Mr.
Campbell?
Page 131 July 28, 2020
Council Member Campbell: I want to say this for the audience and those watching and particularly
those 16, 17 people who put their names forward to serve this Town. On one hand, I think it's an
embarrassment for us, not for them,not following our own rules,allowing ourselves to be dragged down
into partisan politics rather than looking at qualifications. We have five people on this dais who gave
Mr. Clemente's name and now not to vote for him. Obviously, five people saw him worthy.
Now, we have the right not to vote for him. I get that, but then just to go down the list and try to pick
those who got less,even two,or even one mention, I think it's just disingenuous as to who should serve
on this Council. If we're going to do something in two weeks, then the only thing we should do is be
either honest about how we select a temporary appointment and on what basis, or just not select and
let the courts do its work.We're either capable or not capable, but it's obvious that we're not capable of
following our own rules even about discussion.
Now, we can make up other rules and we can have other loopholes, but I think that's a disservice to
this Town and this community. To postpone it with no purpose, and I think the purpose would be, we
either going to consider the candidates that have been presented before us or none of the candidates
have been found worthy of selection, and then we either have to go back out and do it again or we just
simply allow the courts to do their work because we can't do ours.
Mayor Burk:Anyone else at this point?
Vice Mayor Martinez: Yes, Madam Mayor.
Mayor Burk: Yes. Mr. Martinez? Mr. Martinez?
Vice Mayor Martinez: Well, first off, if you want to talk then disingenuous, I find it funny that all of a
sudden Council Members are putting in their own versions of what we discussed and how we've
proceeded in our history. I don't know if it's because they have a bad memory or they like to make up
things during their comments, but the bottom line is, is our processes to appoint somebody on Town
Council has varied since I've been on Council since 2002, and there is no precedent and there is no
other considerations.Also, I may have put a candidate on my list, but they were not my first choice. My
first choice was Gladys Burke and I was not going to vote for anybody until I had an opportunity to vote
for her, because I believe she was a candidate there. She's a small business African-American woman
who has proven herself to this community.
Instead of whining and complaining about how we're going this way,we need to make some progress.
Unfortunately, it's apparent to me and everybody else that this Council is divided three, three, we're
never going to get anything done until somebody really wants to move in forward. I've already offered
to talk to people and put out the facilitating[inaudible]with people and I've not heard anything from the
other Council Members. I would suggest that instead of sitting here and kicking the can down the road,
we just commit to moving forward and allowing the Court to make the decision, because obviously,with
our three-three divide, they're not going to be able to make a decision until we're going to have to let
the courts do it for us. Thank you.
Mayor Burk: All right, Mr. Steinberg.
Council Member Steinberg: Is Mr. Dunn [inaudible]—
Mayor Burk: I called on you, Mr. Steinberg.
Council Member Steinberg: Okay. Thank you. All right. Well, since we're speaking to the public, I
believe we did follow our process,as was indicated by our Town.Attorney.As Vice Mayor Martinez said,
we all made lists of people we might want to consider. That was several days ago or several weeks
ago. This is not to embarrass or cast aspersions at any one of the people we may or may not have
nominated, but if we've discovered certain facts or qualities that suddenly didn't appeal to us as much
as that may have when the name was applied to the list,then we're certainly well within our rights and
our obligations to change our minds.
•
Page 141 July 28,2020
Yes, Mr. Clemente received the five votes. He was not my first choice either. Ms. Burke was my first
choice as it was Vice Mayor Martinez. That's why I voted. It amuses me for people to indicate in what
is obviously a political arena that we have political opinions and political divides is no small surprise.
That comes into play in our Council discussions and our Council decisions. As I said, it shouldn't be a
surprise to anyone. I'm not even certain it's unfortunate. It's the nature of our political system. We are
political animals and that is often the way we make our decisions. Thank you.
Mayor Burk: Mr. Dunn, did you have--Anybody else have anything at this point?
Council.Member Dunn: [unintelligible 00:50:09] make the motion.
Mayor Burk: Oh, okay. You made the motion. [crosstalk] Excuse me. Not yet, Mr. Dunn. I'm sorry.
Anybody else have anything they want to say at this point?All right. The only thing I will say is I have
no idea what Mr. Clemente's politics are. He was one of the five that I considered, but like the others
have mentioned, Gladys Burke is the person that I support for this position. I have known Ms. Burke for
and we're not related. I have known Ms. Burke for gosh 30 years. The integrity that this woman carries
with her everywhere she goes is so impressive. She knows what she's talking about. She's a business
leader in the community. She's had her own business now for 30 some years.
For me, it makes perfect sense. I think that to say that I would take that decision because so-and-so is
one way or the other is irrelevant to me. It doesn't make any difference. As I said, I don't know, many
of these people. I don't know their politics. I don't care what your politics are,but Ms. Burke is the person
that I believe will be the best person and that I've thrown my support to. It just makes perfect sense for
me to continue to support her.With that--
Council Member Fox: Madam Mayor, I'm sorry, I did have a real quick comment.With Mr..Clemente,
when I saw that he did garner the five of us adding his name, I was somewhat surprised and somewhat
impressed. I don't know what his politics are either and I think that's good for this Council.When I saw
that,that encouraged me,and I saw that he's the only one who's able to do that, so that is why I support
him.
Mayor Burk: Mr. Dunn, do you have closing remarks?
Council Member Dunn:Thank you.Just to remind you,this is to postpone it to our next meeting,right?
Please, try to remember that was the motion. Yes, I think that to call out Council Members for being
disingenuous is to put one's opinions above everyone else's, and I don't think that that's the proper tone
we should be setting for this. I think that everyone has different folks they're interested in.
We've got a number of people that are all citizens who are willing to serve the Town, and I think that
while me and Mr. Martinez don't always agree on a number of things, I think he did agree with me or I
agreed with him that we were afforded process that allowed for the names to be put forward more than
an open setting and then just vote on it. However, rather than seeing what I would rather see done,
which is what we're in the process of doing, is putting forward a bunch of names and voting on them,
and we may never get to a name, which is what I preferred, I will honor the Council's desires in going
after the process that the administration has set which I was not in favor of.
I thought it would have been pretty difficult to get a number of people with four votes, and was surprised
that anybody got five votes. However,we did have a process, and it does seem interesting to me that
now after that process was done and five people did put down one individual's names, and now that
individual is not satisfactory. I don't know what else people were looking for, but again,we have to make
a decision before the end of August.
I'll put it up for another decision at our next meeting, and if we can't do it by then,we may have to have
a special meeting called since we don't have a second meeting in August we may have to go to a .
special meeting. I would rather not have to send it to the court. It should be something that we can
honor the people that have submitted their names and hopefully come up with an individual.Again, Mr.
Clemente was not my first choice. I don't have the [unintelligible 00:54:12]. I submitted it late and I
regret doing that,but seeing that other Council Members were supportive of him, I was willing to support
him also. Thank you.
Page 151 July 28, 2020
Mayor Burk:All right,so we have a motion on the table to postpone the next meeting to the next regular
meeting--no, it was a motion to postpone this item to the next regular meeting,which would be August
11th, I believe.Correct?All right.All in favor,indicate by saying aye.Okay,Vice Mayor Martinez,Council
Member Campbell, Council Member Fox, Council Member Steinberg, Council Member Dunn, and
Council Member Burk. Opposed? Nobody.
Vice Mayor Martinez: Nay.
Mayor Burk: Oh,Vice Mayor Martinez, is that you?
Vice Mayor Martinez: Correct.
Mayor Burk: Okay. I'm sorry, Mr. Martinez. It's really hard to hear the difference between you and Mr.
Dunn, so I'm sorry that I'm getting you confused. I apologize.The one nay is Mr. Martinez.All right.That
moves on to the next meeting.Appointment of the Town Attorney,who is doing that one?
Martin Crim: Madam Mayor, I would suggest that you insert the name of the person in the motion that's
in your draft agenda or in your agenda that says, "I move to approve the Town Attorney contract as
presented,"so it would be,"I move to approve the Town Attorney contract with Christopher Sparrow as
presented."
Mayor Burk:All right. Do I have a motion?
Vice Mayor Martinez: Madam Mayor.
Mayor Burk: Yes.
Vice Mayor Martinez: I move to approve the Town Attorney contract to Christopher Spera as
presented.
Mayor Burk: I need to clarify that,Mr.Martinez.You're making the motion to approve the Town Attorney
contract with the--Could you state again, Mr. Crim?What does he need to make sure that we say?
Martin Crim: He did say that Madam Mayor, he said with Christopher Spera.
Mayor Burk: Okay, Christopher. Okay. Move to approve the Town Attorney contract to Chris Spera.
Council Member Campbell: Second.
Mayor Burk: Seconded by Council Member Campbell.All in favor, indicate by saying aye.
Council Members:Aye.
Mayor Burk: Opposed. That passes unanimously. All right. He will be joining us at what point? Do we
know yet?
Kaj Dentler: He's joining us on August 17th.
Mayor Burk:August 17th. We have one more meeting with you, Mr. Crim. I know you're excited about
that.
Martin Crim:Absolutely.
Mayor Burk:All right.Okay,a motion to approve a proclamation recognizing Rachael Roberts. I'll move
that. Is there a second?
Council Member Steinberg: Second.
Page 161 July 28, 2020
Mayor Burk: Seconded by Council Member Steinberg.All in favor, indicate by saying aye.
Council Members:Aye.
Council Member Dunn: I'll abstain.
Mayor Burk: 5-0-1. A motion to proclaim the Hispanic Heritage Month. I assume, Mr. Martinez, you
want to move that since you brought it forward?
Vice Mayor Martinez: Yes, I would like to move that proclamation.
Mayor Burk:To be proclaimed August 11th at the Town Council meeting.
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg.All in favor, indicate by saying aye.
Council Members:Aye
Mayor Burk: Opposed? •
Council Member Dunn:Abstain.
Mayor Burk: 5-0-1.All right.
Council Member Dunn: Point of order.
Mayor Burk: Yes, sir? I recognize Council Member Dunn, yes.
Council Member Dunn: Thank you. I had a point of order to point out, as in our Council rules, and the
rules of our meetings and rules of conduct, that the rules clearly state that no Council member or no
speaker can make inflammatory or insulting comments towards anyone in the public, staff, or Council
Members. My point of order is I would like to have the speaker's comments. First, the Mayor and the
Chair should have stopped the speaker at the first insult instead of allowing to go on for a full five
minutes, but it's completely against our rules to allow anyone to speak that way of anybody. I ask that
those comments be both stricken from the record and removed from the videotape. Thank you:
Mayor Burk: I will tell you that your point is not well taken because the speaker was speaking her
opinions and the chair rules that they were her opinions to say and she did that. I will not accept your
point of order. All right. We have a public hearing. This public hearing is—
Council Member Dunn:Appeal the decision of the Chair.
Mayor Burk:Yes?The chair recognizes Council Member Dunn.
Council Member Dunn: Yes, I will appeal the decision of the chair on that. She can speak first then
I'll speak.
Mayor Burk:You most certainly have the right to challenge this decision of the Chair. Does that take a
second? Mr. Crim, does that take a second to challenge the Chair?
Martin Crim: The appeal does require a second, yes.
Mayor Burk: Is there a second? That does not move forward. You did not get a second on that one.
All right. It's a Public Hearing. I call to order, the July 28, 2020 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 you to either sign up on the sheet in the hallway outside the Chamber Council, or if
you did not get the opportunity to sign up, we will give you the opportunity to speak.
Page 171 July 28,2020
We will also provide remote public participation for callers on the phone and on the WebEx. In all cases,
please identify yourself and, if comfortable, give your address for the tape record. In the interest of
fairness, we also ask that you observe the five-minute time limit. For those participating in person and
on the WebEx, 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 has expired. For those participating on the phone, you will hear a bell when your time has expired.
Under the rules of order adopted by this Council,the five-minute time limit applies to all. However,rather
than have numerous citizens present remarks, on behalf of the group, the Council will allow a
spokesperson for the group a few extra minutes.
In that instance,we would ask the speakers when they sign up to indicate their spokesperson,the group
they represent, and the request for additional time. Our procedure for the public hearing is as follows.
First, there is a brief presentation by staff about the item. Second, there is a brief presentation by the
applicant. Third, the members of the public that have signed up to speak will be called and given five
minutes to make comments.
The public hearing tonight on the agenda is for TLOA-2020-0001,Amending the Doggy Day care Use
Standards to Permit Accessory Overnight Boarding and to Amend Cattery Uses in the Various Zoning
Districts.All right. Hello, Mr.Watkins.
Mike Watkins: Madam Mayor, Members of the Council, good evening. This evening, you have before
you a text amendment, and just to refresh you, February of this year,the Council initiated amendments
for doggy day care and cattery use standards and to amend the use tables that are in the Zoning
Ordinance. This is not unfamiliar with you all. When we did the batch zoning amendments, doggy day
care was discussed.
Staff presented three options. Option number three,which I highlighted in the red box,was to add this
use by special exception. At the time, the issue was over the overnight boarding. Again our existing
regulations for the cattery, I've outlined them on this slide before you. It currently is a use that's permitted
by right. It's in three zoning districts:the B-2,the B-3,and the I-1. Cattery is currently defined as a place
where cats can be kept or boarded.
The cattery includes overnight boarding, and cattery may be co-located with other uses. Again, it's
subject to applicable health department regulations. Same thing for doggy day care. Doggy day care is
permitted by special exception. There's four zoning districts in which this use can occur. A doggy day
care does not currently permit overnight boarding, and overnight boarding is currently only permitted as
a kennel use.
For kennels, the kennel is allowed by special exception. It's limited to the R-E, the B-2, and the I-1
districts. Some of the limiting factors here is that the property has to have at least two acres and that
the building used for this use must be located 200 feet away from the property line.Again, this was an
applicant-initiated text amendment.This wasn't coming from our normal batch process.There were two
businesses that approach staff.
The first is the cattery, or it's also referred to as a cat cafe, and this was the Animal Angel Aid proposal.
This is primarily intended to help facilitate pet adoption. It occurs in a retail-like setting with varied
activities, includes overnight boarding. It's permitted in all business. The request is to permit it in all
business districts including the planned residential community district,the PRC district.
Playful Pack is the doggy day care business.Again,their request is to permit overnight boarding without
a prescribed limitation and to establish reasonable conditions at the time with special exception review.
In context,the proposed.businesses would like to locate at the Village at Leesburg.This graphic shows
you the Village at Leesburg and the respective zoning districts. On the upper left-hand portion of the
slide, I'm showing the two zoning districts, the B-4 and the PRC districts, and they're separated by
Village Market Boulevard.
Page 181 July 28,2020
Then, again, the intent of the Village at Leesburg was to be a vibrant mixed-use community. It's got
ground floor retail and office in some buildings, and ground-floor retail and residential use is in other
buildings.Just like with all text amendments, staff conducted its analysis.When we heard the proposal,
we looked at two primary concerns.One is the potential nuisance impacts to the residents at the Village
at Leesburg and elsewhere, including noise and odor, and that the accessory uses compliment the
intended principal use.
In this case, the doggy day care is intended to be the primary use with an accessory kennel use to it.
Staff did look at other communities and the regulations,and I note the four following items. Kennels are
permitted in mixed-use districts and other localities, kennels are only permitted in fully enclosed
buildings in most jurisdictions, kennels are required to include noise attenuation measures, and again,
lastly, kennels may include doggy day care in other localities.
There are two prior doggy day care applications that came before Council, My Dog's Daycare and the
Old Mill Pet Center. Again, I've just shown you respectively what was approved. In My Dog's Daycare
application, there were 60 dogs located in 3,600 square feet. The other application included 150 dogs
in over 12,000 square feet. Some of the items that we brought before the Planning Commission was if
overnight boarding is permitted,what distinguishes a doggy day care from a kennel?
Should the number of dogs be established as a use standard? Should the number of dogs be
established at the time with a special exception?Then,the other items included should there be outdoor
play areas? Should a doggy day care be added to other business districts, and are there other use
standards that should be included?With that said, the Planning Commission public hearing was held
on June 18th.
There were three speakers that spoke in support of the changes, and the commission generally
supported overnight boarding with the doggy day care use but noted concern with the number of
animals to be reviewed at the time with special exception, asked the noise attenuation measures be
included, that the ordinance ensure that there's proper waste management, and require proper
ventilation for the establishment.
The commission generally did not support catteries and the new zoning districts. Again, when the text
amendment came forward, catteries are by-right uses currently. Their recommendation is to switch
them to special exception uses. Generally, they were concerned about the compatibility of uses with
the cattery. On July 2nd,they did vote unanimously to recommend approval of the text amendments.
The proposed text amendments include a new use doggy day care with the accessory kennel. Here, it
permits some overnight boarding, and it's permitted as a special exception. It's located in the B-2, B-3,
B-4, and I-1 district, same as what's included today in our current ordinance. It includes new use
standards. Again, here, the use must be within a fully enclosed building, requires noise attenuation
measures, demonstrates that the kennel is accessory to or subordinate to the doggy day care.
It's not permitted in a building with residential uses. Again, using the Village at Leesburg example,
protecting or eliminating potential nuisances. The waste system must be connected to our sanitary
sewer system, provide details of the boarding area and that's enclosures, provide a separate heating
and ventilation and air conditioning system for the facility only not linked to the other tenants in the
building, and it's subject to all applicable state regulations.
For the cattery specifically, again, it's commonly referred to as a cat cafe, and just a couple of notes.
Food cannot be served by the establishment itself. This was confirmed with the discussion with the
Health Department.A cat cafe is not intended to operate as a boarding facility either, meaning that its
purpose is for you to bring your animal to be boarded.
Again, from the prospective business, it's intended to facilitate adoption. For the permitted districts,
there's two ordinances that are included.
One is the Planning Commission's recommendation which does not change the use. It's kept in the B-
2,the B-3,and the I-1. It would eliminate the opportunity for this at the Village at Leesburg.Whereupon,
Page 191 July 28,2020
the staff recommends that you include the B-4 and the PRC district. As far as the use standards, the
PC recommended that the use be changed to a special exception from a by-right use.
Our recommendation is, again, in the B-4 and the PRC to allow those by special exception. The staff
recommendation, we recommend the cattery use in the B-4 and the PRC districts. Staff generally
supports the doggy day care with accessory kennel. Our general recommendation to Council is not to
support the outdoor relief area.The principal reason is that the waste containment,you have to redesign
the site to contain that, which may be problematic.
Then, it's also a potential nuisance for any other businesses that are nearby. Like I mentioned
previously, there are two drafts of the ordinance. The principle draft is, again, including the Planning
Commission's recommendation that the cattery be changed from a by-right use to a special exception
use and exclude the B-4 and the PRC. Then, the alternate ordinance includes cattery as a special
exception, and the B-4 and the PRC as a special exception. That's the conclusion of my presentation.
I'm happy to answer any questions.
Mayor Burk: All right. Thank you. I most certainly have some questions, but I'll ask if others do at this
point. Anybody? Ms. Fox?
Council Member Fox:Yes, I have a few[chuckles]. Okay. If I heard you correctly, you said the special
exception would only be for B-4 and I-1 for the cattery?
Mike Watkins: Yes, ma'am.
Council Member Fox: Not the doggy day care?
Mike Watkins: Doggy day care is also a special exception in all the B districts.
Council Member Fox: All the B districts. Why are you excluding the other B districts of B-2, B-3 from
special exception?
Mike Watkins: The doggy day care currently is only allowed in the--
Council Member Fox: I meant for cattery--
Mike Watkins: Oh,for cattery?
Council Member Fox: Yes, for cattery.
Mike Watkins: Currently, the cattery is only allowed in only a few of the B districts. It's not allowed in
the B-1, and it's not currently allowed in the B-4. The B-2 and the B-3 and the I-1 is where it's currently
permitted.
Council Member Fox: You don't want the special exceptions for B-2 and B-3,just B-4 and 1-1.
Mike Watkins: Staff didn't object to the Planning Commission's recommendation for the other B
districts, but specifically for the Village at Leesburg, and not objecting to the switch. Our
recommendation again was to allow it in the B-4. The Planning Commission did not want it in the B-4.
Planning Commission did not want it in the PRC in the B-4. Our recommendation was we'll go ahead
and allow it in the B-4 and the PRC but just as a special exception. The continuity of the use being a
special exception would be consistent throughout all districts where it's allowed.
Council Member Fox: Okay. Some of the issues that you brought up about noise, odor, drainage, so
could you give me a little bit of background on this specific application for doggy day care where, as I
understand it, a doggy day care, I see dogs inside roaming around like cats would do as well. Is that
true?Are they going to be kenneled,just caged,things like that?
Page 201 July 28, 2020
Mike Watkins: Those details would be fleshed out at the time of special exception. Those specific
standards were not included in the ordinance. Those would be discussed at the time of special
exception.
Council Member Fox: Can you tell me when it would not be a special exception? I'm a little confused
there. Say somebody brought an application forward for a doggy day care and/or a cattery or cat cafe.
When would it not be a special exception?
Mike Watkins: It wouldn't. They're all special exceptions.
Council Member Fox: All special exceptions. Okay. Did staff consult with the Humane Society about
square footage and how many animals are allowed in a certain square footage?
Mike Watkins: The Humane Society has a guide for these types of facilities. Additionally, I had a
conversation with the Deputy Chief for Animal Control,and the way Loudon County reviews these types
of facilities is their department,Animal Control acts as a referral agent.The same thing could occur with
this special exception. We would refer the application potentially to Animal Control to solicit some
feedback from them.
Council Member Fox: Okay. That would happen at special exception time as well?
Mike Watkins:Yes, ma'am.
Council Member Fox: Okay. If you said cat cafe or the cattery/cat cafe cannot serve food, does that
mean food prepared on-site or any outside food coming in?
Mike Watkins: The establishment itself cannot prepare the food, but for instance, if they invited an
event within the facility, the organizers of that event could bring in their food. It's just the establishment
itself cannot serve food itself.
Council Member Fox: Is that subject to health department inspections?
Mike Watkins: Yes, ma'am.
Council Member Fox: I think that's it. Everything that would come before us would come before us as
a special exception, no exceptions?Okay. Thank you.
Mayor Burk:Anyone else at this point? Mr. Campbell? Mr. Martinez, can you let Mr.Campbell go first?
Council Member Dunn: That is [inaudible 01:14:49].
Mayor Burk: [chuckles] Mr. Campbell is speaking right now.
Council Member Campbell: Just trying to get some definitions. I know we're not in the business of
licensing doggy day cares or catteries. I want to be clear on the definition as it relates to then who is
responsible for licensing, inspecting. I don't think we want it part of your job to go out and inspect these
types of establishments for their compliance. If you could help me, and I know you have a definition of
cattery in the staff report, any place or establishment located within a fully enclosed structure in which
cats are kept or boarded for a fee. The special exception that we would consider if we allow this as a
permitted use only by special exception would be looking at the business operation aspect.
Mike Watkins: Just like Council Member Fox was asking, you can look at the enclosure area. Is it
proportionately sized?You can look at the play area. Think of it this way. Doggy day care, at least the
few that I've been inside, generally, it's enclosed and there's a play area for the animals. Then,
subsequent to that,the special exception application would introduce the ability to board those animals
after hours. If you're unable to get to the business by five o'clock,they would potentially be able to hold
the animal for you overnight, or on the weekends, again, act like a boarding facility.
Page 211 July 28,2020
Council Member Campbell:We're saying these facilities, these businesses would be a permitted use
in areas where they're not attached to a residential unit or building?
Mike Watkins: Right. If it's a vertically mixed building, you can have a ground-floor retail or office with
office above, but you cannot have a ground-floor retail or office with residential above.
Council Member Campbell: We're concerned about ventilation at all? Is there a special ventilation
system that has to be--
Mike Watkins: Very good question. One of the Planning Commissioners was insistent upon including
a use standard that required a containment of the air for that facility. Again, cross-contamination with
other buildings and other tenants and whatnot,they wanted to ensure that there was a safe and healthy
circulation of the airflow.
Council Member Campbell: Is that in the ordinance?
Mike Watkins: It's in the ordinance.
Council Member Campbell: Okay, because again, I want to make sure that even though special
exception doesn't mean that the Council would ever agree because we can always disagree and not
have it, but again, I'm not an expert. I know you know people asking the right questions that we don't
unintentionally create a situation that becomes a nuisance for the business owner, as well as for our
communities.
Mike Watkins: Right. Your action tonight essentially establishes the ability to ask the question. Right
now,you can't ask the question.
Council Member Campbell:Thank you. That's it.
Mayor Burk: Mr. Martinez.
Vice Mayor Martinez: I do want to speak, but I believe you're addressing Council Member Dunn before
you were addressing me.
Mayor Burk: Mr. Martinez, I called on you. Please ask your questions.
Vice Mayor Martinez: Okay, I'll do that.
Mayor Burk:Thank you.
Vice Mayor Martinez: Hey staff,thank you for your presentation. Mike, my only question has to do with
the.overnight boarding. Is it safe to assume that if there is going to be overnight boarding, they'll have
somebody on-site?
Mike Watkins: Again, that would be fleshed out at the time of special exception, Council Member
Martinez. At the Planning Commission, that question was asked, and the proprietor to the potential
business said that they would be willing to have overnight staff.
Vice Mayor Martinez: Okay. That's really my only concern. Thank you.
Mayor Burk: Mr. Dunn?
Council Member Dunn: Thank you, I have a question. Are there going to be any animals allowed in-
-The cafe,they're planning on serving food, correct?
Mike Watkins: It was discussed, Council Member Dunn. Again, at the time of special exception, a
prohibition could be established. The current regulations of the Zoning Ordinance allow Council to
Page 221 July 28,2020
establish reasonable conditions. If it was Council's prerogative, they could impose a reasonable
condition to preclude food being served.
Council Member Dunn: If you can just clarify for me. Partly, they're planning on serving food. Is that
correct?
Mike Watkins: In the ordinance, it's not specifically addressed in the proposal that was in your packet
for this evening.That ability was discussed, but I have not heard any further requests or feedback from
that potential proprietor. I will tell you this, is that the Health Department does not currently allow the
establishment to facilitate the serving of food as its business. That they have to create a separate
completely independent facility for food service.
Council Member Dunn: Okay, great. Thank you. If they were to serve food,they would not be able to
have any animals in the same location as where food service is. Is that correct?
Mike Watkins: The conversation that I've had with the Loudoun County Health Department said that if
the outside group is bringing in prepared food, already prepared, not preparing it on site,that would be
permissible.
Council Member Dunn: So if there was a dining area, they could have food in the dining area with
animals?
Mike Watkins: In this particular instance no, they would not be able to establish a dining area or a
dining room. That would be contrary to the Health Department regulations.
Council Member Dunn: Okay. That's what I'm trying to get at.You can't have food and animals in the
same location in a building.
Mike Watkins: Not purposely identified, so if they had a credenza or a counter where somebody
brought in donuts or coffee or something like that,that would be permissible,but the cat cafe itself could
not prepare dishes or onsite preparation of food. That would be counter to the Health Department
regulations.
Council Member Dunn: Thank you.
Mayor Burk:All right. I have some questions here.
Council Member Steinberg: Madam Mayor.
Mayor Burk:Yes, sir? Go ahead.
Council Member Steinberg: Thank you. Thanks for the presentation. Actually, I planned to reserve
most of my comments and questions until after the people have had it. The public has had a chance to
speak. I see we have at least one member of the Planning Commission here. I don't know if it's their
intention to address Council about this particular issue. It seems we have three separate issues, one
involving what we're currently calling catteries.
I think we need to better define the difference between a cattery and a cat cafe. Using those two phrases
or terms to define a category might be a little overly broad and can create a misconception. Then, we
have the idea of doggy day care, and then we have the idea of a kenneling operation in conjunction
with doggy day care. It's interesting that the Council not too long ago approved the special exception
for the doggy day care, but it seemed that we were pretty adamant that it not include a kenneling
operation, but right out of the gate, that's the first thing we're seeing. Before I ask the rest of my
questions or make comments, I'd like to hear from the public. Thanks.
Mayor Burk: Okay. I think I asked this question before, but do we really have to call it a cattery? It
sounds like a house of ill repute. Can we not come up with a better term?
Mike Watkins:The Council can absolutely change the term and its definition.
Page 231 July 28, 2020
Mayor Burk: That's probably one of the things that we should be doing here. I was going to make the
point that Mr. Steinberg just made that we approved this and made very clear that we did not want
overnight stays at a doggy day care.
Mike Watkins: Right. In the annual batch process, what staff presented with the batch was a request
to at least include the doggy day care in certain zoning districts. Then,subsequent to that action, staff
was approached just like you all were prior to the initiation with the request to at least ask you to consider
the ability for the special exception use.
Mayor Burk: I'll be on record, I was opposed to overnight stays before, and I still am. I think a doggy
day care is a great service for the community, but I think having the animals there that long that can't
get out,that are in a contained building,that's expecting a little too much.Also,the doggy day care has
to be in a contained building, correct? They don't go out and walk. They don't ever get outside at all.
Correct?
Mike Watkins: Could they be walked? I don't think the ordinance would preclude them from being
walked outside. No. As the ordinance is prepared, it wouldn't establish an outdoor play area, so to
speak.
Mayor Burk: Okay, it wouldn't establish that, but they could go around and walk around or whatever?
Mike Watkins:Yes, ma'am.
Mayor Burk: Nothing would stop them from doing that? Okay. Then, the cat cafe,.I've been to one in
Alexandria, and it's really an adoption and the ability to adopt a cat,to pet the cat, play with the cat,find
out if you like the cat kind of thing, and there was some food there, but it was separated out. I don't
have problems with either of these being the doggy day care and the cat cafe if there's no overnighting
on either of them..
If I turn this down, does that mean then that we have less ability to control asking for certain things
within— Do we have set standards that are good enough that will keep the business:above the doggy
day care or the cat cafe from being impacted by,for instance, odors? Do we have that in the ordinance
now or would we without having to go to a special exception?
Mike Watkins:The cat cafe currently includes the performance measures that you were referring to as
far as the odor and whatnot. It would not be allowed in our mixed-use business district,the B-4 and the
PRC. If you deny the application, you're just denying the ability to ask for that use in those two zoning
districts.
Mayor Burk: If I was okay with the two districts, I just didn't like the overnighting, how do you do that?
Mike Watkins:We would need to put in one of the ordinances with that preclusion.You'd need to make
an amendment to the ordinance to include that as a performance standard where you're disallowing
overnight boarding.
Mayor Burk: Then, the last question I have is the B-4, what's the other district that you're looking at
changing it to?
Mike Watkins: PRC, the planned residential community. Going back to the slide real briefly is that,
again, on the north side of Village Market Boulevard is the B-4, on the south side is the PRC, and
predominantly on the PRC side is where you have the apartments over the ground floor retail. In the B-
4,you have predominantly non-residential uses above the ground floor.
Mayor Burk: Conceivably, you could end up in the PRC with them having apartments above them or
condos?
Mike Watkins: On the PRC side, I want to say that there may be one building that this could be
potentially located in.
Page 241 July 28,2020
Mayor Burk:There's other--
Mike Watkins:Oh,yes.Outside the Village at Leesburg, PRC,you've got very little vertically integrated
buildings and the other PRC. I'm thinking of Potomac Station and Leegate.
Mayor Burk: It wouldn't be an issue there, it would just be an issue there?
Mike Watkins: That's right.
Mayor Burk: If we didn't allow the PRC but we allowed the B-4, could they still--
Mike Watkins: The B-4 currently is only at the Village at Leesburg and Leegate.
Mayor Burk: Okay. Thank you. Thank you very much. I appreciate the presentation. Do we have the
applicant's presentation? Is the applicant here?
Robert Lucas: [unintelligible 01:27:43]. Shane Murphy is actually.[unintelligible 01:27:47]the initial
presentation.
Mayor Burk: Oh,we got him on screen.
Shane Murphy: Madam Mayor, Members of the Town Council, my name is Shane Murphy, on behalf
of Reed Smith.We represent The Rappaport Companies,which is the owner and operator of the retail
portion of the Village at Leesburg. I know that I don't have to say that the Village of Leesburg has been
a challenge from a retail perspective. The Rappaport Companies was brought in to try to stabilize the
retail. Village at Leesburg had a lot of problems with stabilizing even prior to COVID, and now COVID
has made that problem even worse.
The reality is,this change would help to fix one of the important problems that the Village of Leesburg
is facing. I will tell you, when it comes to doggy day care in general, most localities that I'm aware of
permit them to be by-right, overnight by-right. In fact, those in Leesburg had another operator who
wanted to go in here, but when we couldn't make overnight a part of the deal,they moved to Purcellville,
and they've opened up now in Purcellville.
Most of the operators that we see here need to have overnight stays in order to make their model work.
Those who are in Fairfax and Loudoun, Town of Herndon,Town of Purcellville, I've not run into one yet
that is not a by-right use either in a retail or in a mixed-use district. We are aware of at least one of
these that is in the District of Columbia.
It is in a mixed-use building with residential above, and the operator was able to ensure that the noise
from the use was not transferring into the residential portion of the building. We do have experience
with allowing these to be put into mixed-use buildings. Excuse me. For specific questions, that I think
you all have, again, the current ordinance allows these to be done by-right. It doesn't allow overnight
boarding.
I don't think that either Rappaport or Playful Pack would have gone through this process which has
taken a lot of time, and will take, if we're successful, even more time if this weren't very, very important
for doggy day care as a use. We have tried on a couple of occasions to do a deal that was a daytime-
only, and neither operator was willing to [inaudible 01:30:31]just to make it work.
The overnight is very much an important part of this both for the operator but also for the folks who are
within the use of doggy day care,folks that use it day in and day out.We have really no concerns about
the recommendations made by the Planning Commission. Again, I want to be very clear,.this is
essentially allowing it to be a special exception. If there are specific concerns,the Town Council retains
the right to address those concerns with us and to have development conditions drafted that would
satisfy those concerns.
Really, all we're asking for here is the right to come back before you and file an application for a special
exception to allow this to occur.Again, I don't think we would have gone through and spent all this time
Page 251 July 28, 2020
and effort on this if we didn't believe that it was important both for doggy day care as a use, and
particularly for the Village of Leesburg which,again, is still struggling very much when it comes to retail.
I would say very clearly, that's what our concerns have been.
The only concern that we have with the way the ordinance is drafted is that it doesn't allow for an outdoor
relief area which was part of the original proposal. Those are very commonly allowed with doggy day
care facilities. Most of the ones that we have worked with have established those successfully. We've
been able to use that as a relief area, not as a play area, as a relief area. With that, I'll certainly take
any questions that you might have. I believe Rob Lucas with Rappaport is there as well and plans to
speak during the speaking portion of the public hearing. Thank you.
Mayor Burk: Thank you. Does anybody have any questions at this point? Mr. Steinberg.
Council Member Steinberg: So whom am I speaking to?
Mayor Burk: I guess you're speaking to the--
Council Member Steinberg: To Mr. Murphy?
Mayor Burk:Yes. It was Mr. Murphy?
Council Member Steinberg: Or the applicant.Who am I talking to?
[laughter]
Robert Lucas: [unintelligible 01:32:41]
Mayor Burk:Yes.
Council Member Steinberg: Okay.Where in Purcellville did the facility wind up that did not wind up at
the Village at Leesburg?
Robert Lucas:At the liquor store before it moved.
Council Member Steinberg:At the ABC?
Robert Lucas: Correct. Do you need me to come up?
Council Member Steinberg:Yes.
Robert Lucas: My name is Robert Lucas, on behalf of Rappaport. The old ABC store underneath the
gym and Dr. Smith's office. If you go down Main Street, make a right, McDonald's is on your left, and
then there's Joey Burr's Gym, and then there's a--
Council Member Steinberg: I just can't remember if that was a standalone building at some time, or
is that part of the shopping center?
Robert Lucas: it's part of the shopping center. Actually, this just opened probably two weeks ago,
maybe a month ago.
Council Member Steinberg: Out of curiosity, how large a facility is that?
Robert Lucas: Unfortunately, I don't know. I live in Round Hill. When I come out of my neighborhood,
there are signs placed in the grass that say, "My dog plays at Dogtopia."
Council Member Steinberg: For me, this is a substantial quality of life issue, not only for the residents
and the businesses that surround it, and I recognize I'm not an expert in this, and because of that, I feel
like I'm lacking information. I also feel it's a quality of life issue for the residents of these facilities,
Page 261 July 28,2020
whether they're cats or dogs. I understand it is done. I'm sure it's a successful business model. I just
don't have the visual information. I'm just wondering, are there any facilities that we could see, either in
pictures or visit,just so we have a clear idea of what we're talking about?
Robert Lucas: Sure. Dog Krazy is the tenant in question. I believe they have three functioning units
right now. One is in Fairfax Station. There are two of them in Maryland, I believe. To the Planning
Commission,we actually had links that showed 20 minutes of the day inside of these facilities. I believe
what I recall seeing was different playrooms, if you will, that were probably 30 by 30 that had a limited
number of dogs in there, with more like an AstroTurf style flooring to them, and then stuff for the dogs
to play with, whether it be balls or climbing gyms. We can definitely get you those links or you could
visit one.
Council Member Steinberg:We could.That would be much appreciated. I'm sure you can understand
visuals, especially in a situation like this. It would be more than helpful for people who may not have
any experience with this sort of thing. I'll be the first to say, I recognize Rappaport.First of all, it's a
difficult situation. They're not likely to further jeopardize tenants that they already have or make them
angry and unhappy in the situation.
Nevertheless, as we say, I feel we need more information. I know the Planning Commission had some
reservations. We've read through those. Let me see if I have any more questions for you. These may
be more--There's a Banfield now in Virginia Village. Is that correct?
Robert Lucas: Say that again.
Council Member Steinberg: Is there a Banfield Hospital in Virginia Village?
Robert Lucas: Yes. We did the special exception for the Banfield three or four years ago, two years
ago. That's over near where the Orvis is. We did a special exception for that too as the Banfield Pet
Hospital there.
Council Member Steinberg: That's cats and dogs?
Robert Lucas: That's any animals.
Council Member Steinberg:They are a hospital, so I assume they board,but I also assume they have
full-time staff on-premises all the time.
Robert Lucas: Correct. That actually came up in the special exception there as well. This is based off
of memory, so I apologize if I'm mistaken. I believe if there were surgeries that required the stay, there
was a small portion of the facility. I think it was like 2,200 or 2,300 square feet in totality. The portion of
it was 20 square feet in what they call an isolation room. If the surgery required that animal to stay over,
they were allowed to stay there.
Council Member Steinberg:And you as the leasing agent, again, I'm going to say that the cat cafe is
an entirely different situation for which we may have to create a separate category. I don't know.
Because Banfield is a hospital, as opposed to somebody who's trying to get cats adopted. The
responsibilities are different. Would you, as the leasing agent, shape your lease so that you made
stipulations as to what your expectations would be for the tenant in terms of how they provide for and
care for the animal so as not to antagonize your tenants?
Robert Lucas: Sure, absolutely. We've not only included that, but also, obviously, all of the use
standards that would be included if you were to approve the ability to go forward with a special
exception, and these are very detailed in terms of what is considered an allowable use if you will, and
it sets forth to all those use criteria and what's allowed within the space.
Council Member Steinberg: The phrase"acoustical attenuation"was brought up. How successful is
acoustical attenuation?
Page 271 July 28, 2020
Robert Lucas: I actually am the Director of Construction for our company, not necessarily a leasing
agent. I've done one of these in a property that we have between 8th and 10th Street.We actually have
an acoustical engineer that comes in and can simulate the number of hundred dogs barking and say,
"Okay, to minimize that so it does not exceed any kind of noise limitations outside," so you take this
Town of Leesburg's noise ordinance,and says,"You have to do X,Y, and Z."I mean, I can get technical
in terms of the number of layers of drywall and acoustical sealant at certain points and double sound
walls.
All of these criteria, then you put it forward from a construction perspective, I can guarantee you that
they will not be a nuisance outside of that box, for instance, that space in terms of the HVAC the
Planning Commission brought up, essentially making sure that it was a dedicated system. All of our
spaces are that we can filter the air, whether it's through charcoal filters or-- all of the modern-day
rooftop units have simply flush this place with fresh air to minimize unneeded heating and cooling.
There's always a flush going on,so you can essentially clean that air as it's going back out of the space.
There's no"it's fresh as it stays in the box,"if you will, and then it's fresh as it gets flushed back out into
the outside.
Council Member Steinberg: I assume a raw space would have to be retrofitted in order to adequately
tie-- or maybe not. Would the space have to be retrofitted in order to adequately tie into the Town's
wastewater treatment system?
Robert Lucas: So one of the reasons I was going to get to that when I spoke, but one of the reasons
why this space particularly is ideal for this is this was the old SwimKids. It's got a pool there, right? I
have to go in there and take that pool out anyway. I can essentially tie in and I have all of that. I don't
have to go in and take anything out. I've got this expanse that I can fill with drainable material and now
tie in to the wastewater system of the Town. Essentially, if they were to go in and need to hose down
an area, it would just be hose down into essentially if you could picture a big catch basin that would go
into the wastewater facility and be taken care of.
Council Member Steinberg: That's convenient for this particular space. I don't know that you would
get another request, but conceivably, you could, in which case, you might have another space not so
adequately--
Robert Lucas:To answer your original question, you can do it fairly easily. I mean, it would be like me
putting in a new bathroom in a space, so the space had one bathroom and needed two. Typically, we
go in and cut the concrete out and remove that concrete, dig down, make a connection to the pipe,pour
the concrete back. In a typical situation, not necessarily maybe this pool space, but yes, it's very easy
to tie that into. It's just including that in our permit documents to the Town and the County review.
Council Member Steinberg: Okay,thank you very much.
Mayor Burk:Anyone else has questions?Mr.Campbell?No.Anybody else? I guess I don't understand
the difference between a doggy day care and a kennel. Can anybody explain to me what the difference
is?Why aren't they just a kennel?
Robert Lucas: I can give you my opinion, I guess, but I think the[crosstalk]--
Mayor Burk: I don't want your opinion. I want to know what's the difference between a kennel and a
doggy day care? If you don't know, maybe Mr. Murphy does.
Robert Lucas: Here, in terms of the semantics of the Town, it would be a doggy day care would be just
during the day, and the kennel would be including the overnight. It's my understanding. I've been
working with Mr.Watkins for over 12 months on this, so I think I'm pretty confident in my response.
Mayor Burk: What's the difference between a day care and a kennel? Why isn't it just a kennel?
Anybody? Somebody?
Louise Zwicker: Louise Zwicker with Reed Smith. Based on speaking with the--
•
Page 281 July 28,2020
Mayor Burk: I'm sorry, but could you say your name again and how you're related this?
Louise Zwicker: Sorry. Louis Zwicker with Reed Smith. I am basically the--
Mayor Burk: Could you spell your name for us?
Louise Zwicker: L-O-U-I-S-E,Z-W-I-C-K-E-R.
Mayor Burk: Okay,thank you.
Louise Zwicker: I assist Mr.Murphy.After speaking with Scott and Tyler who run the operation.There's
quite a big difference. The dog day care,the dogs, they have to pass certain behavioral tests because
they have to get along with other dogs.
It's a place-- I don't know if you have kids that went to day care. It becomes like a second home. It's not
a kennel when they dropped off for a couple of weeks when mom and dad go on vacation. There won't
be any dogs boarding there that are not already customers and they're not already accustomed to the
building not already there on a regular basis. That's a big difference.
Mayor Burk:That was my next question. Do they take people that are not part of the--I mean, people.
Do they take dogs that are not part of the--
Louise.Zwicker: After speaking with them when we were at the last Planning Commission meeting,
they would need to become or be customers. The dogs that they took for boarding would have to go
through the same rigorous testing requirements that any other dog has to have to interact with the other
dogs.
Mayor Burk:They could be there for two weeks?Conceivably,the dog could be there for two weeks if
it's an overnight situation.
Louise Zwicker: I don't think it's a very common situation. I think most cases with the doggy day care
is you can't get there to pick them up in time and they spend the night. Sometimes,yes, it's somewhere
they're comfortable. It's somewhere they go to regularly, so they would go there when they're on
vacation as opposed to another kennel because it's somewhere that the animals are used to.
Mayor Burk: I still have problems with that.Okay.Thank you.Mr. Murphy,did you have something you
were going to add?
Shane Murphy: Ms. Mayor, what I would say is, certainly, that's something that could also be
addressed in the condition if, at a specific length of time, the Town was most comfortable with. After
discussing it with us, it's certainly the condition we can discuss.
Mayor Burk:All right. Discussion is good.
Mike Watkins: From the Zoning Administrator, I will tell you that the reason why doggy day care came
up with the batch is that we perceived it as more of a personal service. In the mixed-use districts where
you have the residents and vertically-integrated buildings, it's not uncommon to have personal services.
As a personal service, for you to take your animal during the daytime, have them watched. Again,
analogy of your child going to day care, we thought it was appropriate. For the kennel use, we did not
think it was appropriate for a kennel to be in a mixed-use district.
Mayor Burk: Okay. Thank you.Where do I address the issue of the name of the cat cafe?
[laughter]
Mike Watkins: It was an interesting conversation we had at the Planning Commission as well. There
were different avenues of opportunity.At the time,the conclusion was just to change the use to a special
exception. I had offered to create a separate definition for this use. We could call it cat cafe. You can
Page 291 July 28,2020
also change the term "cattery" if you wanted to as well. It's properly advertised. If the Council wanted
to change or create a term, you could do so this evening.
Mayor Burk: Well, I would prefer that we change it to cat cafe or whatever. They're fun places there.
It's a nice idea, but I still have issues with--The cat place, Mr. Murphy, is that overnight?That's not an
overnight. The cat or the cat cafe, it's not an overnight--
Mike Watkins:The cat cafe,as presented in the one business proposal,would include a limited amount
of cats staying overnight. The issue that was brought up was, again, this one business is proposing to
facilitate adoption. The difficulty was finding the overnight home for the cats while they're not at the
facility, so to speak. It's not a shelter because what was described for a cat cafe would be not just an
open room with cages along the wall. There'll be other activities.
Mayor Burk: They're out and about.
Mike Watkins: For instance,the cat toys and enclosures and things of that nature. It's not a shelter. It's
more along the lines of a retail store where you can be introduced to a cat and/or it was described as a
means of-- Not therapy. I can't put my finger on the word. If you wanted to get some love from a cat,
you can go in and pet the cat for a while and then go on your merry way.
Mayor Burk: Okay. You may have to walk us through all of this. No one else has any comments? Is
there anybody from the public that wishes to speak? It's just Mr. Lucas.
Robert Lucas: Good evening, Madam Mayor and Council Members. My name is Robert Lucas. I'm the
director of construction for Rappaport.Thank you, Mike. I wonder if that's the first time anyone has ever
said,"Get some love from a cat at a Council meeting."
Mayor Burk: I know.That was sweet. [laughs]
Robert Lucas: I guess I get to be seen. Council Member Steinberg asked about a lot of questions that
I was applying on our way in on during my few minutes. Rappaport was brought on to this project in
2013 to stabilize this. It's been in the Town since 2008. We've since taken it a step further and become
the majority owner in the past two years. Again, as Council Member Steinberg pointed out, there is
nothing that we are trying to introduce or do that would negatively impact any of our other tenants or
residents for that matter because as some of you are aware,we are long-term orders.
We are not here to put in a few tenants and try to sell it and make a buck. We're going to be here
probably into perpetuity until the next Council, next Council, next Council arrives. We feel very strongly
about this use and as-it as a service to the mixed-use steps that we have. We'd mentioned earlier,
Shane mentioned earlier about Dogtopia opening in Purcellville. They were actually a tenant that we
had spoken with probably about a year and a half ago.
It really never gained traction on that. We do feel very strongly about Playful Pack, which are the
gentlemen that have the three existing facilities.We'd be happy to provide pictures,video,tours of these
facilities to get an idea of what they actually are and how they function. The one thing that I will point
out is that this is another reason for this specific space. It does back to a green space that is between
the Wegmans loading and the back of this office building.
It is not used by anyone. It is simply green space.We initially had provided a proposal to actually include
that as anoutdoor relief area in an area where dogs could be walked off-leash, in an area that we felt
would not impact negatively from a noise perspective, any of the office that is in close proximity. Like I
said, and answering Mr. Steinberg's questions, I've lost a lot of my gusto for my five minutes. If you
have any questions at all in terms of the use criteria or anything, I'm happy to answer. Thank you all
very much.
Mayor Burk: Thank you. Is there anybody else that is online that would like to speak?
Vice Mayor Martinez: Madam Mayor,this is Marty Martinez. May I ask a question?
Page 301 July 28, 2020
Mayor Burk:Yes, you sure may.
Vice Mayor Martinez: To the applicants and staff listening to all the different conversations, it seems
to me that what you want to provide is a day care for dogs and you want the opportunity to have an
overnight stay in case the owners cannot get back in time so that they don't have to worry about their
dogs, so you have an opportunity then to provide overnight care. You're not doing it full-time. You're
only doing it to help the owners of the dog during your day to day care. Is that a correct assumption?
Shane Murphy: Vice Mayor Martinez, Shane Murphy here with Reed Smith. I don't want to mislead
you and say that dogs or owners that can't get back to their dogs are the only reason that this would
happen. I think you're correct that, really,the primary purpose is to have doggy day care during the day
and the evening is primarily to help with folks who, again, if they can't get home, if they've got to go on
a couple of day business trip and they're not able to plan on that in advance, it's very much a
convenience for these folks who just don't have another option to be able to board their pet for a short
period of time.
To Rob's point, I think what it really does is it provides a safe and secure and known environment for
those dogs to move in on an environment that they're comfortable with and, quite frankly, that the
owners already know that these dogs behaviorally meet the criteria that they need to meet to be there.
I think it is primarily a convenience. Again, if you look at the ordinance itself, it is supposed to be an
ancillary use to the primary daytime day care use. I don't want to mislead you by saying that it will only
be if somebody just couldn't get there for the night. I think there are situations where we could see them
providing more like a two or a three-day stay. Again, you've got somebody who works with the
government and they end up from a short trip and they can't find a boarding situation. They'd be able
to use this.
Vice Mayor Martinez: I understand the need for having a consistent environment for the pet so they
don't get traumatized. I know that in situations years and years ago when we had a dog, we had
behavioral problems after they got to the kennel for a few days. I understand the need for the owners
to have a consistent environment that their dogs are used to and are comfortable in.What I don't want
to see is that this use ends up switching from a dog day care to a kennel as a primary source of revenue.
What I would like to do is ensure that we don't sit there and have people now boarding dogs for a week
or two at any time.You understand what I'm trying to get at?
Shane Murphy:Vice Mayor Martinez,excuse me. I do understand that.Certainly, I need to keep kicking
things down the road. I would certainly say that that is something we would expect the Town Council to
bring up during the special attention application if they chose to approve it. I think that's very much
something that is within the scope of things that you would bring up during that time.
Vice Mayor Martinez: If the applicants understood that and brought forward a proposal that helped me
feel comfortable about the primary core business is being a day care for dogs and not a kennel for
boarding animals for more than a few days, I would really appreciate that. Thank you again for talking.
Shane Murphy: Thank you, sir.
Mayor Burk:Okay.Is there anybody from the public that would like to speak,they didn't have a chance?
All right,then I will close this public hearing. Is there any motion that would like to be made at this point?
Ms. Fox?
Council Member Fox: Actually, no, I wouldn't. I was just going to go after three minutes, but you just
closed the public hearing. I'm good.
Mayor Burk: I'm sorry. Mr. Steinberg?
Council Member Steinberg: I think I'd be willing to offer a motion for the cattery/cat cafe.
Mayor Burk: Don't call it cattery. [chuckles]
Page 311 July 28,2020
Council Member Steinberg:Yes.Well,we haven't changed the name yet, so that might be part of the
motion. I want to say I don't have any particular issues with the doggy day care,so I could offer a motion
for that. I personally still need more information on the boarding aspect, although I've learned some
things here this evening that I didn't take into account before. Do we want to entertain a motion along
those lines or do we want to try and keep the whole thing together?
Mayor Burk: That is up to you. It is your motion.
Council Member Steinberg: Well, then I would offer a motion that we allow the cattery/cat cafe as a
special exception in all of the areas offered by staff. I don't have any issues with that. I would also offer
that we allow a doggy day care in those same areas, also by special exception but that we have further
discussion on the boarding aspect. I think we need some more information to develop that fully. If you
would like me to include within the motion that we come up with different terms for cattery and cat cafe,
then that will be something that will direct towards staff.Thank you.
Mayor Burk: Okay.You're going to have to help me with your motion. [chuckles]
Mike Watkins: In the packet that was provided to you,we're using the alternate version of the ordinance
that includes the B4 and the PRC as special exceptions. Point of clarification there. In terms of the
amount of boarding, so specifically in new Section 9(3)(12)(2) doggy day care, we've got a specific
performance standard in here that speaks to the amount of overnight boarding.
At the time of special exception, the applicant will need to demonstrate to you that with their proposed
use and arrangement, it cannot become a principal use, meaning that the boarding becomes a principal
use.That's a burden that is placed upon the applicant with their special exception.application. Now,that
doesn't preclude Council from putting in a numerical value or ratio, but the way it's been discussed is
that the special exception would specifically identify the business plan, how the animals are treated,
where they're treated, and the capacity.
Council Member Steinberg: I recognize that. I would really like before--and if we--We might be able
to accomplish this at our next meeting actually. I would just like some visuals to actually understand
exactly what this looks like.Obviously,we will need to flesh out all of the specifics for the various special
exceptions, but I would still prefer to split out the boarding aspect in the motion.
Mike Watkins: I would need specific direction from Council in terms of what you're looking for in
additional information..I guess what I'm asking is if you want staff to examine a space plan, is it a ratio?
What additional regulation would you like included for analysis?
Council Member Steinberg: Do any of the facilities that have been mentioned or discussed have
photographs of how they look inside and out?That primarily is what I'd be looking for and maybe some
specifics about the actual nature of their operations, how they split between boarding and doggy day
care.Again, I have no issues with the cat side of this, including the possibility that food would be served.
I'm sure the health department will take care of those concerns for us. I'm not worried about that.Thank
you.Anything else?
Mayor Burk:Well, I'm a little confused here. Sorry.We're voting on this tonight.What Mr. Steinberg is
asking for is more information.
Mike Watkins:You have the ordinance that's here for you to act on if you so choose or, otherwise, you
would direct staff to provide additional information and we come back and provide that.
Mayor Burk: Okay. That's what I want to make sure you understand that you're asking for additional
information so that we wouldn't vote on this tonight unless you break--
Council Member Steinberg: Well, I was offering to go ahead and act on the cats and the doggy day
care but to reserve judgment for the boarding special exception.
Mike Watkins: Right now, doggy day care is permitted use by special exception. The amendment to
the ordinance includes the overnight boarding. Really, there would be no--
Page 321 July 28,2020
Council Member Steinberg: Nothing to be done there. Is that what you're saying?
Mike Watkins: I'm sorry. Say again?
Council Member Steinberg: Other than agreeing to the districts where it's permitted as a special
exception, there's nothing else to be changed. There's nothing else to be considered there until we
make a final decision. Is that what you're saying? Do we want to go ahead to at least consider the
districts that we're going to allow the special exception in this evening?
Mike Watkins: I would suggest that that you're not ready to act on the boarding aspect of it.There's no
need to identify the district because you've not approved any performance standards.
Council Member Steinberg: Okay, but the cats being a separate issue, we can act on this evening
and then--Okay,then I guess that's what we will do.
Mayor Burk: Okay.Well,wait a minute. Don't turn off because you are making a motion.
Council Member Steinberg: Making a motion that we go ahead and agree to approve the special
exception for the cat facilities in all the named districts.
Mayor Burk: Okay. The suggested motion is I move the Zoning Ordinance amendment TLOA-2020-
001, zoning text amendment for strike doggy day care and say cat cafe be forwarded to the Council
with--Oh,that's from the Planning Commission. That didn't help me.
Martin Crim:Where is the draft motion?
Mayor Burk: It's still the same wording. It's still the same--
Martin Crim: There is no draft motion, Madam Mayor.
Mayor Burk: Okay. That's part of why we're struggling here.
Martin Crim:Yes. I believe that's why we're struggling here. I haven't been able to follow the discussion.
I don't know what you're voting on or what the motion is.
Mayor Burk: That's why I'm--
Martin Crim: I wouldn't suggest that you invite staff to come back with a draft motion.
Mayor Burk: Okay. Does anybody have a problem with that?Yes?
Vice Mayor Martinez:Well,my suggestion is that whatever we do,we change the cattery to a cat cafe
or bistro or whatever you want to do, but change the name.
Mayor Burk: Okay. You withdrew your motion, I'm assuming, then Mr. Martinez made a motion to
change the term"cattery"to"cat cafe."Is that where we are?
Vice Mayor Martinez: Yes.
Mayor Burk: All right. Is there a second on that? I'll second it. [chuckles] We're just dealing with the
name of the cat business. We're going to call it from now on "cat cafe" as opposed to any other term.
Is there any discussion on this? I can't believe it. Yes?
Council Member Steinberg: Yes. Because the term as I understand it--[chuckles]The term "cattery"
applies to a variety of different types of businesses, does it not?We don't want to refer to Banfield as a
cat cafe. It's also a cattery, is it not?
Mayor Burk: No.
Page 331 July 28,.2020
Mike Watkins: Cattery is specific to cats.
Council Member Steinberg:Yes. Okay.
Mayor Burk: That's a hospital.
Council Member Steinberg: All right. Any other kind of clinic, any other kind of cat use, that's not--
This particular one for this particular application, that's not a cat cafe. Are they not all considered
catteries?
Vice Mayor Martinez: Oh, my God.
Council Member Steinberg: Yes, exactly.
[laughter]
Mayor Burk:We can hear you, Mr. Martinez. [laughs]
Council Member Steinberg:We can, Marty.
Mayor Burk:We share your frustration.
Martin Crim: Madam Mayor, could I make a suggestion? I think as long as the definition remains
unchanged,what you call it just needs to be consistently used throughout the ordinance.
Mayor Burk: Okay.That's what I'm trying to get to.
Council Member Fox: If I may.
Mayor Burk: Yes.
Council Member Fox: I feel like even though it's a nicer name, cat cafe can be a little misleading,
especially if there's no food being served there. I don't know if I can support that honestly because-
Mayor Burk:You have another suggestion?
Council Member Fox:-it sounds like something different. I actually don't have a problem with cattery.
I never have. I get why you do, [laughs] but cat cafe seems misleading. Cattery just seems a little
distasteful.
Vice Mayor Martinez: Madam Mayor?
Mayor Burk: Yes?
Vice Mayor Martinez: Madam Mayor, to move along, I will withdraw my motion and let's just move
forward.
Mayor Burk:All right. [laughs]Okay, so then we need to have a motion to request that staff come back
with a motion and additional information as we've asked at the next meeting.
Council Member Campbell:At the next meeting.
Mayor Burk: Is that all right?
Vice Mayor Martinez: Moved.
Mayor Burk: So moved by Mr. Martinez.
Page 341 July 28,2020
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. Eileen, did you get that motion? Do I need to
repeat it? Repeat it? Okay. You got it. Okay. Is there anybody that wants to talk to this? Okay. All in
favor, say aye.
Council Members:Aye.
Mayor Burk: Opposed? I don't hear Mr. Dunn.
Council Member Dunn:Aye.
Mayor Burk: Okay. That passes 6-0.We will, believe it or not, be dealing with this again. Okay. Thank
you,everyone.We will move on to our next public hearing,which is the approval of TLOA-2020. Let me
get over here to this one. I want to make sure I got this one correct.Okay.The next one is I call to order.
Did I close the other hearing?I did?Ok. I call to order July 28th,2020 Public Hearing at Leesburg Town
Council. Unless there's an objection, I will dispense with the reading of the advertisement.
If you wish to speak,we ask you to either sign up on the sheet in the hallway outside Council Chambers.
If you did not get the opportunity to sign up, we will give you an opportunity to speak. We will also
provide remote public participation for callers on the phone or on WebEx. In all cases, please identify
yourself. If comfortable, give your address for the taped record. In the interest of fairness, we also ask
that you observe the five-minute time limit.
For those participating in person or on WebEx,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 has expired. For those participating
on the phone, you will hear a bell when your time has expired.
Under the rules of orders adopted by this Council, the five-minute time limit applies to all citizens.
However, rather than having numerous citizens present remarks on behalf of the group,the Council will
allow a spokesperson for the group a few extra minutes. In that instance,we would ask speakers when
they sign up to indicate their status as spokesperson, the group they represent, and the request for
additional time.
Our procedure for the public hearing is as follows. First, there's a brief presentation by staff about the
item before us. Second, members of the public who have signed up to speak will be called and given
five minutes to make their comments. Public Hearing on the agenda tonight is for TLZM-2020-0004
Amendments to the Official Zoning Map and TLOA-2020-0002 Amendment to the Article 7 of the Zoning
Ordinance to Establish the Gateway District Overlay. Okay. Well, Mr. Boucher, are you speaking to
this?
Brian Boucher: I'm the presenter.
Mayor Burk: Okay. Oh no, Mr. Boucher asked if he could have an additional five minutes. Anybody
have a problem with that? Okay. Thank you.
Brian Boucher:Okay.Thank you. Madam Mayor and Members of the Council,tonight,this is the Public
Hearing for what we call the Gateway District Overlay. It's a Zoning Map and Zoning Ordinance
Amendments as you've said. I just want to say upfront, we sent out more notification letters to this
because of the amount of properties involved than we have for any other rezoning's since I've been
here and that's 26 years.
A little bit about overlay zoning districts, particularly design districts.There's actually several of them in
Leesburg now.This is a map that shows where they are.There's,of course,the H-1 Old Historic District
and then we have the Crescent Design District, which is shown in green, and then we've also got the
H-2 Corridor Overlay District, which today overlays four main roads leading to the downtown and
Leesburg.
Page 351 July 28, 2020
Why has it been discussed to replace the H-2 overlay district? It's really a simple answer. 30 years of
implementation. The H-2 was created back in 1990 and it's been considered outdated for a little bit of
time.Some of the issues with it,it treats all gateways the same despite different environments,histories,
uses, and appearances. It's been considered too permissive. That is, it only has guidelines. You have
an ordinance,then you have guidelines.
Guidelines are should, not shall, so it's very permissive. That requires negotiation with the BAR for all
elements of a project when you use the guidelines.The process also has been criticized because almost
everything goes to the BAR. There's very little administrative approval. Now, several years ago, back
in 2016, the Council initiated the H-2 Work Group to consider updating the H-2 Corridor District and to
improve the application process.
In June 2017, H-2 Work Group presented recommendations to Town Council. The work group was
composed of three Members of the Planning Commission and three Members of the BAR. Back in
2018, looking at it, some of the things that were discussed was the need to improve the design in the
key entryways into Town. That's one of the major purposes, but it was to take a holistic approach to
design this time. That is look at site design, building design, and streetscape. Streetscape, we mean
the public right away here.
The new gateway overlay is actually going to replace the H-2 overlay district on the Town map. There's
five segments. A new gateway guideline replaced the H-2 design guidelines and there will be new
regulatory design standards in the Zoning Ordinance itself. Again, that's what isn't in the H-2 District.
That's a baseline for new design of four projects in Town in the gateway corridor.
There's this new streetscape plan. That is, take a look at the public right away and ways to beautify it,
things that can be done to make it more attractive. Also, again, streamline the development review
process. Other considerations. Design ideas to tie the corridors together where that can be done,
strengthen community identity along the various corridors by protecting and enhancing different aspects
of those quarters.
Again,aesthetics are a big goal here. Improve the pedestrian experience along these corridors. Finally,
improving safety where we can.Again,that might come into where the public street itself is concerned.
In 2018,the Town Council directed that there would be established the Gateway District overlay. That
requires amendments to the Zoning Ordinance,the official zoning map,and the creation of new design
guidelines, and then also establish streetscape concept plans for each of the five segments of the
Gateway District.
Those were a lot of the things that were initiated back in 2018.What we're going to talk about tonight is
two of those and I'll call it Phase 1. It's the Zoning Ordinance part.That establishes the Gateway District
in the Zoning Ordinance, and then also zoning map overlay.You have to show where it is on the official
zoning map and also remove the H-2 District. Now, later, you're going to hear about the design
guidelines themselves.
They're an adjunct to the Gateway Overlay District and then also the streetscape plan. That's really
dealing with the public right away. Not anybody's private property,what the Town controls public right-
of-way. This went to the Planning Commission. I'll just tell you very quickly. On July 2nd, 2020, the
Planning Commission approved the Zoning Ordinance text amendments 7-0.
They also approved five segments, but there's one difference between what you've got in your packet
and what the Planning Commission approved. That is with regard to West Market Street. You'll see a
map in a little while that shows what was originally initiated by Council and then what was recommended
by the H-2 Work Group and then what the Planning Commission recommends. I'll talk a little bit about
that.
Staff actually recommends approval of the Zoning Ordinance amendments as they are in your packet
and also approval of the five segments with the full district on West Market Street. Again, I'll show you
what's meant by that in a minute. What is the proposed Gateway District? It's essentially an overlay
district.All properties in Town have base zoning and that's what dictates your uses, your lot area, your
setbacks.
Page 361 July 28,2020
This is actually an overlay district and this is when you want to put some special regulations at a
particular place.We have a number of them.We have the Floodplain Overlay District,the Creek Valley
Buffer Overlay,the H-1 Old and Historic District Overlay. In this case,again,it's an overlay district where
it's to be applied but will not affect any uses, lot sizes, et cetera. What's the intent?
It's really this, to achieve good design in the key corridors that's complimentary with the architectural
character of Leesburg. It implements several things. The Town Plan or Chapter 5, Community Design,
talks a lot about enhancing the attractiveness of corridors coming into Town. There's also the Eastern
Gateway District Small Area Plan you all worked on recently.That talks about building and site design.
Policies should be more specific.
There should be standards in the Zoning Ordinance, guidelines to help the BAR and the preservation
planning these districts.The overlay district itself,five corridors make up the district.Again, as I've said,
the H-2 overlay will be replaced with the Gateway Overlay District. If you look at this map,what you see
in blue is the existing H-2 overlay district.What you see in red is the proposed Gateway Overlay District
give you a sense.
What's new is Edwards Ferry Road is being added as a corridor.Again,just to emphasize them again,
East Market Street,West Market Street, North King Street, South King Street, and new Edwards Ferry
Road. There's parcel changes from this.When you take a look at it,the H-2,there's 607 parcels today.
415 parcels will be removed from the H-2 District and not included in the Gateway District. All of those
are single-family detached residential lots.
Over 140 parcels will be added along Edwards Ferry Road and East Market Street. In the end, you've
got 332 parcels proposed in the new Gateway District,did the 299 parcels per the Planning Commission
recommendation. The result overall is you've actually got many fewer parcels in the gateway overlay,
but the area is actually bigger because a lot of commercial areas are included in it that were not included
in any architectural and design district before.
I just want to get something upfront real quick. This is frequently-asked questions. We've answered a
lot of questions from the public on this.One of the most frequent is,what happens if my property's taken
out of the H-2? Really, nothing. You're no longer in a design control district, meaning you don't have to
go for any certificates for anything you might do on the property with regard to the design.
Now,the second one and a very big one, is the Town widening the road,taking my property,or removing
my existing fence? The answer is always this, no. There's no taking, condemnation, eminent domain,
or confiscation of any private property that's necessary or contemplated by these amendments, nor is
the Town making any physical changes to any private property as a result of these amendments.
Just real clear,there's an overlay district in a lot of these places now.There will be an overlay district if
this is adopted. In some places, it'll be new. In other places, it'll be removed. Again, nobody's doing
anything with anyone's private property as far as taking it for a government purpose. Now, looking at
the districts themselves, this is West Market Street. Today, in the H-2, 82 properties are included in it.
If you take a look at the blue line on the map, you see the distance between the two.All the properties
within the blue line reaching from West Mark Street are actually in the district today. The potential
Gateway District, it was actually, as initiated by Council and proposed by the H-2 Work Group,was 36
parcels.Those are the orange. In a little red line you can see,that encompasses just 15 feet along the
right-of-way for certain properties that front on West Market Street. That was what's proposed.
The Planning Commission recommendation, however, is to actually only have three properties in the
West Market Street district. I'll show you this here. This is what they propose. It's a different style map.
What would happen is you've only got the three properties with the arrow that are actually would be in
the district..All of the other properties along West Market Street were recommended to be excluded by
the Planning Commission.
Staff believes that it's better to maintain that the point of this gateway is to maintain and enhance a look
along the corners coming to the historic district.We think that 15 feet is pretty important and I'll explain
Page 371 July 28, 2020
why a little bit later. North King Street.Again, if you take a look at it, the orange is the area that's in the
H-2, the red--excuse me,that's proposed in the Gateway District.
The blue line that you see, particularly on the right side of North King Street there, that was where the
H-2 extended today. Here, you have actually a decrease in the area that's actually covered. Again,
getting these single-family detached lots out. There's a little bit of addition down near the Catholic
Church property. If you look at South King Street today, the H-2 covers 320 parcels. The Gateway
District potentially would cover 82 parcels and 36 of these only are affected by 15 feet.
Again,why?This is mostly a built condition with single-family detached.You've got some areas that are
not constructed yet, but it's also considered important to enhance the roadway and so the area right
adjacent to the corridor is very important for creating that look and experience. Finally, Edwards Ferry
Road. This is brand new. Everything you're seeing in there, the orange at the top of the page running
along there is new.
You see that the effort here is to take a lot of the commercial area that is currently not in any architectural
and design district and place that in there.As it redevelops,we'll get something that might be considered
more appropriate for Leesburg. East Market Street,this is where you've got a lot of expansion as well.
Again, you see the blue lines where it ran parallel to East Market Street.
You see that as being increased by the red line, the area in the red line. East Market Street is an
interesting bag. The orange are areas that would be subject to the H-2 because they're subject to the,
excuse me, Gateway Overlay District. Some of the pink areas there are actually proffered into the H-2.
You'll notice some of these areas go beyond the blue line because this property has rezoned along
East Market Street.
In some form of design control,developers have proffered into it.When you are proffered into this,that's
what you have. The only way that can change to the Gateway Overlay District is if those entities come
in and actually want to amend their proffers to be subject to the new Gateway Overlay District.Why just
include 15 feet on so many of these single-family detached residential lots?
Again, here's West Market Street. You can see. It's just right up along the road. It's because of the
traditional residential areas covered by the district today. The public street and the private land
immediately adjacent to the street are really the major part of the corridor experience. It's what people
see when they come down the road. The belief is that the design criteria in this area will help maintain
the character of the four mostly residential corridors with little overall impact on the properties
themselves.
We're not saying like in the H-2, we want your house in this district. We just want a little bit along the
roadway. If you don't have a lot that's adjacent to, actually, West Market Street, then you're not in the
West Market Street Gateway District. The effect of the 15-foot inclusion, the ordinance would apply to
fences or accessory structure sheds that are built within 15 feet of the public right-of-way.
What you see there in the upper left is a view down West Market Street today. The stone walls and the
fences there would be affected and then the other view is down Edwards Ferry Road. You see some
fence on the left side, which the Town actually put up by the way. That's something,we maintain. It's
just 15 feet on either side of the roadway here. That's what's affected.
The apartment building you can see on the picture in the upper right would not be affected by the
Gateway District, wouldn't be in it, and wouldn't be subject to anything. Again, outside the 15 feet, the
ordinance doesn't apply where you just have 15 feet on a property. Applicability, the ordinance would
apply to new structures, buildings, and signs.That's commercial buildings, apartment buildings just like
the H-2 District.
One thing that's different here, it would include new townhouses and duplexes. If you're building a new,
not an existing, but a new townhouse or a duplex,then you would be subject to the design guidelines.
Also, the exemptions, does not apply to any single-family detached houses, existing townhouses or
duplexes,where areas proffered into an existing H-2 District or other proffered guidelines.
Page 381 July 28,2020
Again, it's really mainly going after new things, but it will apply to new townhouses and duplexes,which
the H-2 District does not. How does the Zoning Ordinance change? Well, first of all, there's design
standards and this is important. It's building and site design. It's added into the Zoning Ordinance to
strengthen the implementation and achievement of the Town goals for getting the desired look and
attractiveness in these corridors.
There's a modification section that's added because putting in design standards makes the ordinance
pretty strong, but one size doesn't always fit everything, so there's a modifications procedure. Finally, it
streamlines the review process by giving much, much more authority to the Preservation Planner to
review applications. Design standards. First, there's universal standards that apply to all areas in the
Gateway District. That's all the corridors.
You'll get segment-specific standards, which are in the Phase 2, which are additional texts to be
developed for review by the PC and the Town Council at a later date. Quickly going over the design
standards, one that's very important, four-sided architecture. Any building constructed in the Gateway
District shall be characterized by four-sided architecture. That doesn't exist in the H-2 as it should.
Building design standards, blank walls. They will specifically be prohibited. Is that my 10 minutes? Is
that my 15?
Mayor Burk: Keep going.
Brian Boucher: I think it's 10.
Mayor Burk: I'm going to keep tracking this. [laughs]
Brian Boucher: Blank walls are prohibited. We're making a very clear statement you can't do that.
Trademark or corporate architecture.Again, Leesburg's character will take precedence over trademark
or corporate architecture. Massing. The larger the building, the more massing you need, more
techniques you need to make a more human scale. I'll turn to the site design standards.
These are not the building itself,things around it, so off-street loading spaces and utilities, mechanical
equipment, solar panels and wind turbines, outdoor lighting, surface parking placement/location where
you can put it, how you screen it, and then you got screening walls,fences, accessory structures. One
last thing is Journey through Hallowed Ground. The Council had adopted a resolution that said when
you develop along Route 15 that you should follow the practices of the guidelines of the Journey through
Hallowed Ground, so we're just incorporating that.
I'll just say one of the building placement things that's important is orientation. I just got a picture here.
This is from Virginia Beach. From my teenage years,that's the back of a shopping center. Right across
the street are single-family detached homes. The point is you have architectural and design districts to
prevent that from happening so that you get buildings that face the street like the building we're showing
in the lower right in Leesburg.
Finally, getting close to the end, modifications. I said one size doesn't fit all, so applicants will have the
opportunity to request modifications from these standards. There's 11 approval criteria and then these
are reviewed by the staff and then the BAR. If they don't like the BAR's decision, it comes to you on a
modification eventually. Streamlining the review process. There's a lot more administrative approval
than the current H-2.
By the way, most of these types of applications tend to be free applications about a week for most when
we do them today. Major new commercial projects will still go to the BAR. It's a similar process with the
new standards. Again, this modification process. Of course, you've got public input opportunities with
the BAR review. Actually, that's the end of my presentation. I'll certainly try to answer any questions
you all may have.
Mayor Burk:All right. Thank you. Is there anyone who has questions at this point? Ms. Fox?
Council Member Fox: Yes, thank you. Thanks, Brian. I have just a few questions. If we can go back
to the frequently-asked questions page, you talked about overlay, I believe. No, you talked about--
Page 391 July 28, 2020
Brian Boucher: It takes a while.
[laughter]
Council Member Fox: I was trying to remember exactly what I saw.
Brian Boucher: I wanted to get a few things out there out front, so maybe that was a bad place to put
it.
Council Member Fox: You referenced the fact that there's no taking of anything and I'm sure that's a
big concern for everybody. When you talk about the 15-foot setback for single-family detached, isn't
that, in essence, a little bit of taking a private land?
Brian Boucher: No, because this is just an overlay district. It's like the H-1 or the current H-2. I guess
if you consider the current H-1 or H-2 taking,then you would say it's a similar thing, but it's not a taking.
You still own the land. You can do what you want on it. It's just if you erect a structure in that 15 feet,
then you have to go through an architectural and site design process like if you were in the H-2 or the
H-1 or the Crescent District. The property, it doesn't affect your uses. You can still use it the way you
want to, but we don't own it and it doesn't decrease the value of your property.
Council Member Fox: Okay. If you can use it the way you want to,why are you suggesting getting rid
of the stone wall that you showed?It said there,when we just reached around our heads to scratch our
elbows to make sure we maintained a contributing structure when we did the sidewalk project there
along Market Street. Now, you're suggesting we get rid of it?
Brian Boucher: No. I think what we're suggesting is that if you take a look at the picture here and
there's West Market Street, the thought was that the experience that you have today going to West
Market Street, people like it. It's very nice and it's to maintain that. If the person who owned the property
on the left decided, "I want to take down the stone wall and put a chain-link fence,"what would happen
is if you go back more than 15 feet, you can do that.
If you're within 15 feet of the right-of-way, you would be subject to the Gateway Overlay District.They'd
actually look at the fence and what they would probably say is,"You've got something that's pretty nice."
If you wanted to change that, you have to get a COA. You would have to meet the guidelines that will
be created in the design guidelines. It's just to try to keep that experience and to enhance the aesthetics
of these corridors.
Council Member Fox: The reason you showed us the parcels along with the property instead of all of
them is because the single-family detached homes would be exempt. That's what the Planning
Commission was trying to do?
Brian Boucher:There's two things.One,existing single-family detached homes,you see,they're taking
out of the district. The H-2 District, that white line is where the H-2 District was. A lot of them were
completely inside it.We didn't want to have all those inside the new district, so it was shrunk to just the
15 feet along the road. It was considered that it's the road itself is the experience that most people-- It's
what you see, the road and what's very close when you're going down these smaller corridors.
The actual H-2 was shrunk to that little area. Now, the Planning Commission said, "Take it completely
off." The Planning Commission felt that those fences, if it looks nice today and it doesn't have
government regulations, so it should be left alone. That means that if somebody did want to take down
the wooden fences on the right and put up a chain-link fence, you could do it. What staff in the H-2
Work Group had recommended was to actually keep that 15 feet in. If you take it out, your corridor
becomes three lots. Sorry.
Council Member Fox: Okay. Tell me then. How would the Town make the corridor look contiguous
with the 15 feet?What's the plan?
Brian Boucher:Well,the plan is that there's guidelines being put together for fences and sheds.Some
of those lots back up to Market Street and they can put a shed right on Market Street. The idea would
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be in that 15 feet that if you put a fence or a shed, the Town would have some design ability to take a
look at it and you'd have to go through a design review process. They might say you can't put a
completely steel shed inside that because sheds could be two feet from your property line.
They could put it within two feet of the right-of-way there on West Market Street.The thought would be
there'll just be some control on the materials you use and perhaps even what the shed looks like. If you
go on that same properties, you're outside that 15-foot area, build whatever you want. There's no
architectural control or design control because the thought was, again, it's when you're going down the
road,what's closest,what's most visible to the streetscapes,what's important to capture on West Market
Street.
Council Member Fox: Okay. Have we had any problems with this? Is this why it's being proposed?
Brian Boucher: I will say this. I think staff spoke to over 60 people through this.Again,three times,we
sent out over 700 letters. I always spoke to two people on West Market Street and one of them was
being taken out completely. The other one actually said they were in it but did not give me their name.
I just said,"Can you explain to me what this means?"That was my conversation. I haven't had anybody
else on West Market Street actually talk to me and either object or say they thought it was wonderful.
Council Member Fox: All right. Well, I like the design standards. I have a little bit of a heartburn with
another overlay district because if I read this right, we have 140 more parcels that will have regulation
imposed on it that don't have it right now, correct?
Brian Boucher: Correct. On Edwards Ferry Road, yes.
Council Member Fox:All right.That would be a hiccup for me, but thank you so much.
Mayor Burk:What else, Mr. Campbell?
Council Member Campbell: Brian, thank you for the long day we spent on Monday. It was only an
hour. My questions have to do with the conversation between the BAR and the Planning Commission
mainly because we're removing 415 parcels from the H-2 guidelines.What did the BAR say about that?
Brian Boucher: If you're asking about the BAR, back-- I'm sorry. I was remiss. There are actually a
couple of Members of the H-2 Work Group.here. I meant to introduce them originally. There's Richard
Koochagian, who's on the BAR, and there's Gigi Robinson who's, of course, on the Planning
Commission. They were part of this. If you go back to 2018, and there were joint meetings with the
BAR, it seemed to me, and correct me if I'm wrong, I think the BAR thought that the reduction was not
a bad thing in these areas.Taking those lots out,because the H-2 District doesn't really have any design
guideline. This is existing. What exists today. You've got all these single-family detached lots in it. The
H-2 design guidelines don't really apply to single-family detached houses. There were no guidelines
that even talked about it. They were in the district, but it really didn't have any effect on them. They
didn't have to get a permit for anything. The thought was, rather than have all these single-family
detached houses subject to some design overlay district, it was better to take these existing ones out
and shrink the H-2 to do what it's supposed to do, it's the corridors. Focus on the corridor.That was the
reason for taking-- I believe they would agree about that.
Council Member Campbell: I want to hear that again and again, the guidelines have to do with the
development of streetscapes, which we've all talked about how do you enter Town?What does it look
like?What does it feel like?What are we trying to create? My understanding of looking at the 15 feet
was really about a sense of what you do if people want to make modifications and how do we help
maintain some area particularly if we do modify the streets, what kinds of visual communities do we
want to have?We're talking about the back of houses and not necessarily the front of the houses. As
we look at streetscapes, are there any maybe in the CIP somewhere, is there any project that we can
point to that will be the first recipient of these guidelines?
Brian Boucher: I can honestly say that'll depend on you all and I think our financial situation in the
coming years.What's really happening with the streetscape plan, it's not what you're looking at tonight,
but it is the actual right of way, what we--The thought is to enhance it. I'll give you just one real quick
Page 411 July 28, 2020
example on North King Street when the H-2 Workgroup was looking at this. If you look on North King
Street, you've got a nice asphalt trail on the east side of 15 as it goes north, but there's no benches,
there's no sitting place, there's no resting place all along its length. The thought was that in the
streetscape plan in that right of way,that's the type of thing that you would try to do.
Maybe put some benches along the way. Maybe put some nice little landscaped areas.This is the type
of thing that that plan would be aimed at doing. Of course, that's in Town right of way so that's CIP
project money. The plan doesn't exist yet. It's being worked on right now and will come to you later this
year. Hopefully,then you can actually see some of the ideas that have been talked about for the various
corridors.
Council Member Campbell:Thank you.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg:Thanks for the presentation, Brian. I think you pretty much addressed the
Planning Commission's position. Out of curiosity, what about existing townhomes and apartments if
they get redeveloped?
Brian Boucher: You mean like taken down and something else is put there?
Council Member Steinberg:Well, even if they're prettying up the place.
Brian Boucher: The way it is now, they would be exempt. If it's an assisting townhouse and they're
deciding to change, let's say, their architectural look, they could do that because they're existing. The
thought was to just, again, if it's an existing home, it's not going to be subject to this. Actually, I'm not
even sure if we've got any existing townhouses in the Gateways. There's a few.
Council Member Steinberg: Only if they were being torn down.
Brian Boucher: Newly built on Edwards Ferry Road right there by near the Sheetz if you've seen those
come up. Those might be the only ones that are actually in it to think about.
Council Member Steinberg: Well, overall, I think this is a good way to go. I recognize a lot of this is
absolutely going to depend on Council. One of the things that comes to mind and you and I and Ms.
Berry Hill discussed this already is the entrance onto West Market as soon as you come off of the ramp
off the bypass, you hit that big open space and it doesn't look like anything. That's certainly something
that this Council or the future Councils will help to address. I also suspect our biggest challenge is going
to be the Eastern Gateway Small Area Management plan.That's going to be coming to us much sooner
rather than later and almost certainly the one we'll be dealing with to the greater extent.Thanks.
Brian Boucher: That is an area we'll see, I'm sure, new townhouses and apartments proposed.
Mayor Burk: Mr. Dunn?
Council Member Dunn: Thank you. I am not really thrilled about the 15-foot for the West Market,
especially with our homes. I would want to make sure that we're not intruding on anybody's residence.
I think that the standards that you generally set are commercial.Additionally, I'm going to support this,
but I think that there's a lot of work that still needs to be done especially with--What seemed to be our
intention was to create design guidelines that would be the standard by which applicants would know,
coming into Town,this is exactly what they need to do. I think that the process that is being considered
here with the Preservation Planner and the BAR's involvement, I think is going to be onerous.
My concern is that it could dissuade people from wanting to then develop and whereby bringing in the
buildings that we'd like to see and like to see the designs. I think that if we have Zoning guidelines,they
should be determined by the Planning Commission. It should be fairly simple in that if we provided the
right standards to which we expect to a developer, small or large,then they should know what they are,
build to that and then Planning Commission can recognize that that's been done and staff could
Page 421 July 28, 2020
recognize that it's been done. I know that the Crescent District, it created a morass of regulations that
resulted in little or no development there.
We know we're looking at rewriting those. I hope that in the future, we can maybe look at streamlining
this so that it's going to be the Planning Commission working on it as our standard guidelines. Thank
you.
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez:Thank you.Thanks for the presentation, Brian. I really appreciate it.Some of the
concerns that have already been addressed or you've already addressed some of my concerns. Other
than that, I have no comments. I want to just appreciate all the work the Planning Commission,and you
have done.Thank you.
Mayor Burk: I have to say, I was trying to remember the date. It must've been 10 years ago that Katie
Hammier and I stood where Chipotle's is now and talked about the Gateways and what a disaster some
of them are and how poorly they represent the Town. I'm pretty sure it was a good 10 years ago.
Brian Boucher: I won't go into the deep long far history, but yes, it's been a decade.
Mayor Burk: To see this come forward is really important. I think it's great that we're finally doing this.
I wish we had done it sooner, but that ship has sailed. The 15 feet issue I think is really important to
make very clear. Right now in West Market,those houses are in an overlay district that goes almost to
their front yard.
Brian Boucher:Completely.Some of them,it covers the entire lots and that are actually crosses streets
that are not West Market. It radiates out hundreds of feet.
Mayor Burk:We are bringing it down, down, down, down to just 15 feet. That 15 feet is what you see
as you are driving down the road.Someone couldn't park a derelict car right there, or someone couldn't
build a chicken coop or something right there. This doesn't prevent them from doing anything, it just
prevents them from doing things that make that entrance a less attractive entrance to the Town:
Brian Boucher: If we were to allow you, and I don't know if we'd not let you because if it's in your
backyard and you want to build a chicken coop, we have some regulations that do allow you. It's just
that if you build it right up next in the 15 feet, it would have to have a certain look there.
Mayor Burk: If you want to have a chicken coop, you can have a chicken coop back there. That 15
feet,which is what you see as you drive through, is all we're talking about.We're taking the district and
making it smaller. They already are in an overlay district, we're just making it smaller. It will only affect
a small area. It's not taking their property. It's still their property. They can still do things with it if they
want. Many of them have just put up fences. This is an opportunity to make sure that the entrance
reflects what we want Leesburg to look like.
Brian Boucher: I think that's correct.
Mayor Burk: Thank you. Thank you very much for all your hard work on this. I know it's been difficult.
Thank you, Richard. I really appreciate your efforts. I don't know if Gigi, she's still back there. I can
barely see her.Thank you all for doing that. I know this is going to make things better, not worse.Thank
you.Just one second. Do we have anybody from the public that's signed up to speak?There's nobody
signed up to speak on the sheet I have. Is there anybody in the audience that would like to speak that
didn't have a chance to speak? Please come up to the microphone. Please come up to the mic. Excuse
me, could you identify yourself and spell your last name.
Elodia Ramos Pepper: My name is Elodia Ramos Pepper, E-L-O-D-A-I, and then Ramos Pepper.
There are newer developments that have no cables or wiring going on the streets. There's no plan to
put them underground?
Page 431 July 28,2020
Mayor Burk: Oh, ma'am, we would love to underground those wires all over Town, but I think at this
point,there's not anything specific in that, but that might be something that would come up in the future. .
Definitely that is something that we as a Council have talked about before that boy, it would be wonderful
if we could put wires underneath so that you don't have the overhead poles.
Elodia Ramos Pepper:The other thing is,my property is on Edwards Ferry Road on 240 and we have,
for example, a[unintelligible 02:43:42]that are not 15 feet going in.What will happen with that?
Brian Boucher:You said they're more than 15 feet in?
Elodia Ramos Pepper: No,they're less than 15.
Brian Boucher: Nothing happens unless you want to change anything.
Mayor Burk: Brian,would you speak into the microphone?Why don't you do it on the--
Brian Boucher:Actually, nothing will happen if you don't want to change anything. If within that 15 feet
you decided you wanted to change it, do something else, then if this ordinance, a district was
established, what you would do is you would talk to the Preservation Planner in Town, it's addition in
Town about what the design guidelines are, and what are the parameters to what you can build and
what it can look like. You would get a permit for that, that they call a certificate of appropriateness but
then you could build it.
Mayor Burk: Could you speak up to the microphone. Thank you.
Elodia Ramos Pepper:There was talk earlier about changing the apron,beautifying the street because
up to a certain point, I think that there's part of the pavement on the sidewalk that has a brick-looking
thing and then it stops and then it's just concrete and it's also deteriorating. Are there any plans to
change that?
Brian Boucher:Again, I don't know because that's in our public right-of-way and so that would have to
be-- it would go into our capital improvements program. I don't know if there's anything scheduled for
Edwards Ferry Road, but I could find out and let you know. I just don't know right offhand. I can do that.
Elodia Ramos Pepper:Thank you.
Mayor Burk: Is there anybody else in the audience that didn't get a chance to speak that would like to?
Please, come forward. Please, give us your name and spell it for the record.
Richard Koochagian: Richard Koochagian, K-O-O-C-H-A-G-I-A-N. I am a member of the BAR as well
as the H-2 Working Group. Just a couple of things. There seems to be-- I've attended all the Planning
Commission meetings, and now know more about catteries and doggy day care than I would have
hoped to because the H-2 and Gateway District seems to follow that in the meeting.There seems to be
a little bit of confusion and I just want to be very clear with the 15 feet. The whole notion of the 15 feet,
the enabling legislation for the Gateway Districts relies on what you see from the public right of way for
those arteries coming into the historic districts.
It's all about the historic district, the H1. What we have heard from a variety of people and our own
experience is that everybody likes the way the arteries like West Market Street looks. There's nothing
that protects those, especially if it is a single-family dwelling. The notion of the 15 feet was, let's get
things out of the H-2,what was once the H-2. If we're not going to put guidance on it, get rid of it. Take
it out of it. It makes it easier.The 15 feet is about having design guidelines that are appropriate for really
fences and walls and the occasional outbuilding that maybe within that 15 feet. That's all it's about.
There is an approval process that most of it can be done through the Preservation Planner.
Some of the bigger things come through the BAR is at least the way it's being proposed. One of the
issues just to call attention to what the Planning Commission approved versus what the H-2 Working
Group and staff had approved is that the 15-foot boundary is applicable in all the other arteries but they
took it out on one, which is West Market Street, which I think is, in my opinion, challenging because
Page 441 July 28, 2020
why not all of them or take it of all or not one. I would think it is something reasonable for all of them to
have. It's really again, protecting the visual elements as you're coming in and leaving Town.That's all.
Mayor Burk: Thank you very much.You wanted to come forward?
Dario De Hoyos: Hi, my name is Dario De Hoyos, D-A-R-I-O D-E H-O-Y-O-S. I think one of the
questions that Elodia asked about if there were any plans, I think there was a letter that went out from
Christopher Consultant about taking a two to three-foot section of sidewalk from the property at 240.
Do you have anything--
Mayor Burk: Do you know what that is?
Brian Boucher: I don't. That doesn't have anything to do with this as far as what's being proposed
here. Again, that's probably something that's planned in our capital improvements project. I'll look into
that and get back to you all. If you would call me and we'll try to find out what that's about. Because that
does sound like some type of improvement.
Dario De Hoyos: I think may have been part of the courthouse expansion project. They were talking
about widening the sidewalk to have the actual ADA three feet in the apron or the gutter and widening
the road a little bit.
Brian Boucher: I'll talk to our people in capital projects. One of them will have an answer.
Dario De Hoyos: As far as doing improvements on the property that if you have a plan that meets the
historicity of the site and improves and continues this look of nice architecture and stonework and that
that's really what this is [crosstalk].
Brian Boucher: Again, this is only 15 feet. If the house was farther back, you can do whatever you
want to the house. There's no review for that. It's really just this area right up along the road.
Dario De Hoyos: Thank you.
Mayor Burk: Thank you. Is there anybody else that would like to speak that didn't have a chance? Is
there anybody electronically?
Betsy Arnett: Madam Mayor,we do have one speaker this evening who has joined us online and that
is Molly Novotny. Ms. Novotny, I'm going to unmute you for you to make your comments if you please
state and spell your name for the record.
Molly Novotny: Good evening. Can everyone hear me?
Mayor Burk:Yes,we can hear you.
Molly Novotny: My name is Molly Novotny, N-O-V-O-T-N-Y. I'm an Urban Planner at the law firm
Cooley. _I'm speaking tonight on behalf of Peterson Companies, the largest property owner of
undeveloped land in the eastern Gateway District as they are the owners of the property at the northwest
corner of Battlefield Parkway in Route 7. We have watched closely as the Town has worked on the
Eastern Gateway plan over the past several years and have actively participated throughout that
process. I submitted comments to the Planning Commission on the Zoning Ordinance and wanted to
share our thoughts with you about the four-sided architecture language.
As currently drafted, the building design/four-sided architecture definition in the ordinance, would
require all sides of any proposed building to be"compatible"with the primary elevation, and display a
similar level of detail to the primary facade. I worry that this language as written is premature and better
reserved for the design guidelines which are currently being drafted and under review by the H-2
Working Group. Establishing architecture direction in both documents, the Zoning Ordinance and the
design guidelines, could create confusion. Therefore, I request you delete Section 7.12.24.B1A from
the current draft and instead start the design guidelines section with blank walls prohibited.
Page 451 July 28, 2020
However,should this language remain in the ordinance, I encourage you to revise it. Rather than require
all facades to be"compatible", I ask that you consider using the word coordinated and delete references
to similar. These changes recognize that front facades do deserve more attention than the sides and
rear of the building. Therefore, my proposed revision would read, "Design elements on all sides of a
proposed building shall be coordinated with the primary elevation and shall display a level of detail in
architectural interest."Thank you for your consideration.
Mayor Burk: Thank you, Ms. Novotny.
Brian Boucher: If you want, I can address that.
Mayor Burk: He's answering that.
Brian Boucher: Ms. Novotny had actually expressed this. We were going through the Planning
Commission and they have been involved and following things closely. They expressed concern about
this language. I just want to get to something because actually, after the Planning Commission heard
this, we had a H-2 Workgroup meeting and these issues were discussed. Specifically, we took a look
at the ordinance language for four-sided architecture. I've got it right here. That's what she's talking
about. Let me back up on--We discussed whether or not it should be changed. The consensus of the
H-2 Workgroup was that the language as proposed was adequate.
It does not require everything to look the same. I ran through this slide quickly, but you'll see here that
there were concerns expressed. The language used the word similar, but as was pointed out by
members in H-2 Workgroup,similar does not mean identical or the same,and the back of house doesn't
need to have the same level of treatment as the front facades or sides. What you see up there is
something that got approved by the BAR and the H-2. The reason it's here is the workgroup felt was,
they will be reasonable. That you're not going to make a back of house look exactly like the front of the
house. It's not practical.
It's not even traditional to do that, but you do want it to have some elements and some architectural
interest and materials and the like should be similar.That's something you're seeing up there.Then we
also pointed out there's also a modification procedure. If someone looked at this in four-sided
architecture and thought that the Preservation Planner or BAR is being unfair,well,then it comes up to
you all.They have that right of appeal to you all.You can have that discussion with them.They felt that
these are checks that and reasonable this is built into the definition,so discussed the changes that were
actually recommended here by Ms. Novotny, but decided to keep the language the way it was.
I will point this out, Ms. Novotny, they made several other recommendations for changes that were
actually adopted or incorporated into the ordinance by the H-2 Workgroup, but this one they felt they
could stand firm by.
Mayor Burk: Is there anyone else that would like to speak from the public? Hearing no one, I will close
this public hearing. Is there anyone that would like to make a motion at this point? Do we have a motion
written anywhere?
Brian Boucher: I don't know that I wrote a motion. I think I just put the ordinance, that there's the
ordinance.
Mayor Burk: It would make it a lot easier, guys, if you would put the motions in.
Brian Boucher: Oh, sorry. I apologize.
Council Member Steinberg: I can make a motion. Just read the ordinance. I'd like to make a motion
to approve TLOA-2020-0002 and TLZM-2020-004 to amend the Leesburg Zoning Ordinance and the
official zoning map to establish the Gateway District (overlay) an architectural and design overlay
district.
Mayor Burk: Is there a second?
Page 461 July 28, 2020
Council Member Campbell:Aye.
•
Mayor Burk: Seconded by Council member Campbell.Any discussion at this point?
Council Member Fox: I just have a real quick comment.
Mayor Burk: Yes.
Council Member Fox: I appreciate all the work that went into this. I know a lot of people did a lot of
work. I think this was well presented. Design standards are good.The one thing that gives me pause is
placing more burden on 140 more parcels that they don't already have. Even though I think this will
probably go through because most Council Members seem to be quite motivated to do so, I will be the
dissenting vote to speak for those that would have these extra restrictions.
Mayor Burk:Anyone else at this point?Then I will ask--
Council Member Dunn: Madam Mayor.
Mayor Burk: Yes, Council member Dunn?
Council Member Dunn: Thank you. As I mentioned before, I would normally vote against what was
determined here and maybe would suggest additional work, but again, the main desire was to try and
get our design standards done. I'd hoped that we would have done the design standards first. I
understand the philosophy behind getting a regulatory process in place. I think that the work that
everyone has done has been good. I think that, as with many of our guidelines, they often need
additional work in the future, and I would hope we would consider doing that. I'm looking forward to
seeing the actual design standards that can marry up with these regulatory guidelines. Thank you.
Mayor Burk:Anyone else?Then I'll call for the vote.All in favor indicate by saying aye.
Council Members:Aye.
Council Member Dunn:Aye.
Mayor Burk: Opposed?
Council Member Fox: Nay.
Mayor Burk: That's 5-1,with Ms. Fox dissenting. Councilmember disclosures. Mr. Dunn?
Council Member Dunn: I didn't have any disclosure, but I did want to point out in our meeting
procedures under the area of decorum, it clearly states, and it also mentions in our ethics policy. I
believe that it clearly states that statements which are demeaning or defamatory to members of the
public, the staff or Council are inappropriate and out of order. The chair not ruling that defamatory
comments were out of order, is completely showing a prejudice against certain Council Members. In
this case, myself. I want to point out circumstances under which the Mayor has called out other
individuals for much less. We had a gentleman who was a former employee,who was trying to just get
time to speak before the government, and he was being prevented by doing so.
He would call out various Council Members and their positions or not meeting with him, and the Mayor
put him in place as the chair for that. There were other times where there was members of the public
which were called out and asked to bring themselves in order. Deeming something not in order because
of political reasons or whatever, the chair should be in a position where they put aside their political
drives and go by keeping the rules. If we don't have and abide by rules, then there's no basis in doing
anything. Frankly, I consider the consideration and the discussion of ethics at this point by this.Council
almost a joke and a travesty because I frankly don't see[unintelligible 02:59:51].
Page 471 July 28, 2020
The speaker tonight had no basis for their comments on anything. In fact, today it seems like if you
disagree with somebody, you're wrong and if you're wrong, you're a racist or.a Nazi. When you start
calling everybody racist, then everybody is not a racist. Frankly, those are comments that should not
be at the Council level. There's no actions anyone can claim if that is the case. Also, the suggestions
that I made at the last meeting, I was not aware that--I've never asked any other Council member-- By
the way, it's against Robert's Rules to question the motive of an individual. You could question the
action that is being suggested or the motion, but you cannot question the individual.
The suggestions that I made were after Council had decided to have a meeting with the NAACP, and I
had suggested we would let you know what the meeting is going to be about. I also decided, no, we
don't need to know what the meeting is going to be about. I offered up some suggestions, some of
which Council accepted,some of which Council didn't. I think that this,as the speaker mentioned,trying
to determine my motive as being political and running for reelection, I think that that is a reflection on
whoever the speaker may be and that has demonstrated that this is a political environment.
It would be very convenient to single out somebody who is running against three white males that are
going to be on a Democratic ticket, to separate those white males from a conservative white male who
is going to be claimed to be a racist at any other meetings that come up. Highly, highly unacceptable. I
would hope that the chair would find that within her decency to not do that or allow them in the future. I
will also remind the chair that during the time when the governor was found to be having white face and
wearing Klan robes in a high school yearbook, I approached the Mayor on a phone call as saying that
I would like to submit a resolution to Council denouncing those actions,which she chose not to do.
Mayor Burk: You still could have done it.
Council Member Dunn: Excuse me, I believe I [inaudible 03:02:28]. Is that correct?
Mayor Burk: I'm sorry?
Council Member Dunn: I was being interrupted and I see the clock was still ticking. Somebody said
something, I don't know who it was.
Mayor Burk: Continue. No one was speaking to you. Sorry, Mr. Dunn. Continue.
Council Member Dunn: Anyway, I think it's inappropriate to allow that type of topic and it just shows
that it's mostly politically motivated.Thank you.
Mayor Burk: Mr. Campbell?
Council Member Campbell: I have no disclosures.
Mayor Burk: Ms. Fox?
Council Member Fox: I have one disclosure. I had a meeting on July 19, 2020. Visited the Cook
property for the proposed water bottling venture and park.That is my only disclosure. I was just listening
to Council Member Dunn's remarks and took a look at the page about decorum. I have to say, it's right
there in black and white, but there's also another issue there. It says Council may have questions of the
petitioner. I guess I'd like to know,for a future meeting or in a memo,whether or not the restrictions we
put on ourselves to not have any interaction with the petitioner supersedes that? I guess I'm a little
confused about this decorum paragraph here.
Mayor Burk: Do you have four people that would be interested in having a memo explaining what that
paragraph is about? Mr. Campbell?Anybody else?
Council Member Dunn: I'm not[inaudible 03:04:21]whatever.
Mayor Burk: Mr. Dunn? Ms. Fox? Mr. Campbell?We don't have a fourth. Sorry.
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Council Member Fox: So no clarification on that paragraph? So, we can go by what this paragraph
says then from now on?Ok.That's it. Thanks.
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez: I have no disclosures. I just think it's ironic how--On second thought, I think I'm
going to just say no more comment. I don't want to go down that well. Thank you.
Mayor Burk: Mr. Steinberg? I keep forgetting. You're over there by yourself.
Council Member Steinberg: Sorry. I'll move closer. No disclosures. The only comments I would once
again just like to reallythank Peter Burnett and the Ampersand project. I think it's just an outstanding
effort and decidedly a great look at what community can do to help each other when they put their minds
to it. Thanks.
Mayor Burk: I'm going to reconsider Ms. Fox's request and support it just so we can get a clarification
in a memo on it. If everybody still stays with it, Mr. Dunn and Mr. Campbell, and Ms. Fox, are you still
interested in getting the memo?Yes?All right.
Kaj Dentler: Is that an information memo?
Mayor Burk:Yes. I don't have any disclosures. Mr. Manager? Mr. Dentler, do you have any--
Kaj Dentler: No, I'm sorry. No.
Mayor Burk: Then that takes us to our section on the Town Attorney recruitment. Are we removing
that? Do we have to have a--
Martin Crim: You don't need it.
Mayor Burk: Do I need a motion to remove it?
Martin Crim: No.
Mayor Burk:We're not doing it.
Martin Crim: Unless there's an objection that somebody wants to go into a closed session to discuss
that I think you just skip over it by unanimous consent.
Mayor Burk:We already did it so we don't need to discuss it.
Martin Crim: Correct. You already acted on it.
Mayor Burk: The other closed session we do have in place is to-- I move, pursuant to 2-2-3711(A)(7)
and 2.2-3711(A)(8) of the Code of Virginia that the Leesburg Town Council convene--
[background noise].
Somebody needs to mute. Needs to convene in a closed meeting for the purpose of consultation with
legal counsel and briefings by staff members pertaining to the pending litigation of Town of Leesburg
et. al. versus Loudoun County et. al. Loudoun County Circuit Court number 19-1768, where such
consultation in open session would adversely affect the negotiation and the litigation posture of the
Town in consultation with legal counsel regarding specific legal matters requiring the provision of legal
advice by such counsel and pertaining to a potential annexation and boundary line agreement of the
JLMA. Do I have a second?
Council.Member Steinberg:Yes.
Page 491 July 28,2020
Mayor Burk: Seconded by Council Member Steinberg.All in favor.
Council Members: Aye.
Council Member Dunn: [unintelligible 03:07:49] discussion.
Mayor Burk: Do you have something you want to discuss, Mr--
Vice Mayor Martinez:Aye.
Mayor Burk: Did you have something you wanted to discuss, Mr. Dunn?
Council Member Dunn: I didn't hear you.Thank you.Yes. I wanted to find out from staff, is it possible
to discuss certain aspects of the BLA separate from other aspects that may deal with negotiation or the
lawsuit that really is not a lawsuit? It's just sitting there doing nothing. Things that deal with negotiation
and/or a lawsuit be separate from the issues pertaining to the BLA. We can separate those and have
an open discussion about parts of this and then a closed discussion about others, is that correct?
Mayor Burk: Mr. Crim?
Martin Crim: Thank you, Madam Mayor. I don't believe so. I think these issues are intertwined. I don't
see any way for us to have a discussion of any substance in public. Certainly, your attorneys would be
unable ethically to do so because doing so would jeopardize the attorney-client,privilege. We could
present to you a few facts, but that would be the maximum that we'd be able to do in an open session
discussion.
Council Member Dunn:Thank you.That is your opinion but it isn't something that we couldn't do.You
just are saying that you would not recommend that?
Mayor Burk:Well, I think he went a little further than that.
Martin Crim: The Council can do what it wants.
Council Member Dunn:We have a right to talk about whatever we want.
Martin Crim: Correct. The Council can do whatever it wants. The Council could waive attorney-client
privilege, but I don't recommend it.
Council Member Dunn:Well, I think that the BLA has, in my view, gotten completely out of hand and
the terms and conditions under which Council has moved forward on this over the last year seems to
be completely disruptive. I don't see where there is a connection on some very important issues with
the County and the Town that we seem to be at loggerheads. Frankly, I think that discussing some of
this in an open session holds Council, the County, and the Town staff, and the Board of Supervisors
accountable for what is planning to be moved forward. I think that the public would be better served by
hearing what some of the terms are so they know why we may reject those terms.
Frankly, the fact is that the monetary benefits don't seem to be there, the giving up almost complete
control of our JLMA, which the County has been encroaching on that already and we're just going to
turn tail and give up on that. Having to do sharing the water with Loudoun Water and still abiding by the
comp plan which we requested the County remove that condition from the comp plan that Loudoun
Water has a right to go in there and yet it seems like they want to make that even stronger. Not only
that but also affecting the in-town and out-of-town water rates and having to juggle around finances
between what's in the utility department and what's in the general fund.
I think it's time the Council be accountable to the public and as I said, to both the staff at County and
Town level, and to the Board of Supervisors with more open discussion on this rather than going into a
closed session where there's no accountability. Frankly, I'm finding that the closed sessions have items
that get brought up. It seems like there's a slight twist on that. Without minutes being taken at the
meetings, it's hard to go back and really know exactly what was said months ago. For those reasons, I
Page 501 July 28, 2020
would really rather prefer holding at least part of the discussion about if nothing more than the bullet
points of the BLA and the counters by the County, and then if we need to negotiate those, then we
negotiate them.
The other part of this motion which talks about a lawsuit at the County level or a lawsuit, we all know,
that shouldn't be brought up into this. There is no lawsuit. By the way, we're not having a lawsuit
because the County asked is not to have a lawsuit. That's a good lawsuit if I ever heard one when the
person being sued can ask you to not sue them. So, again, I would rather have more transparency and
discuss the points of the BLA and rather than going into closed session. Thank you.
Mayor Burk: Alright. Anyone else at this point? All in favor indicate by saying aye. Is that Mr.
Campbell? OK. Ms. Fox. Mr. Martinez?
Vice Mayor Martinez: Aye.
Mayor Burk: Mr. Steinberg and Ms. Burk. Those opposed?
Council Member Dunn: Nay.
Mayor Burk: Mr. Dunn. We are going to take a five-minute break so I can use the restroom and come
back in literally five minutes.
[break in audio from 10:12 p.m.to 11:51 p.m.]
Are we ready? Okay. In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council
certify to the best of each member's knowledge, only public business matters lawfully exempted from
the open requirement under Virginia Freedom of Information Act and such public business matters for
the purpose identified in the motion by which the closed meeting was convened were heard, discussed
or considered in the meeting by Council. Mr. Martinez?
Vice Mayor Martinez: Yes.
Mayor Burk: Mr. Dunn?
Council Member Dunn: Yes.
Mayor Burk: Mr. Campbell?
Council Member Campbell: Yes.
Mayor Burk: Ms. Fox?
Council Member Fox: Yes.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg: Yes.
Mayor Burk: And myself,yes. Do I have a motion to adjourn?
Council Member Steinberg: So moved.
Mayor Burk: Moved by Ms. Fox, seconded by Mr. Steinberg. All in favor?
Council Members: Aye.
Mayor Burk: Opposed? Good night everyone.
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