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HomeMy Public PortalAbout2022_tcmin1129 COUNCIL MEETING November 29, 2022 Council Chamber, 25 West Market Street, Leesburg, Virginia, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Zach Cummings, Suzanne Fox, Vice Mayor Marty Martinez, Kan Nacy, Neil Steinberg, and Mayor Kelly Burk. Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Public Works and Capital Projects Director Renee LaFollette, Director of Information Technology Jakub Jedrzejczak, Director of Economic Development Russell Seymour, Director of Planning& Zoning James David, Deputy Director of Planning& Zoning Brian Boucher, Zoning Administrator Michael Watkins, Senior Planning&Project Manager Chris Murphy and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Fox. 3. SALUTE TO THE FLAG was led by Council Member Bagdasarian. 4. ROLL CALL 5. MINUTES a. Work Session Minutes of November 14, 2022 MOTION 2022-208 On a motion by Council Member Bagdasarian, seconded by Council Member Cummings, the minutes of the Work Session of November 14, 2022, were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nary, Steinberg and Mayor Burk Nay: None Vote: 7-0 b. Regular Session Minutes of November 15, 2022 MOTION 2022-209 On a motion by Council Member Nary, seconded by Council Member Bagdasarian, the minutes of the Regular Session of November 15, 2022, were moved for approval. L Page COUNCIL MEETING November 29, 2022 The motion was approved by the fillowing vote: Aye: Bagdasanan, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 6. ADOPTING THE MEETING AGENDA MOTION2022-210 On a motion by Council Member Cummings, seconded by Council Member Nacy, the meeting agenda was moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay None Vote: 7-0 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. RJ's Deli 35th Anniversary _ Mayor Burk read the RJ's Deli 351°Anniversary proclamation and presented it to Ms. Maya Popat. Ms. Popat and her son Mr. Vijay Popat made some remarks. b. In Memory of Robert C. Wright Mayor Burk read the proclamation In Memory of Robert C. Wright and presented it to his wife Mrs. Suzanne Wright. Mr. Enrique Gonzalez made a few remarks. 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS a. None. IL PETITIONERS The Petitioner's Section was opened at 7:10 p.m. There were no Petitioners wishing to address Council. The Petitioner's Section was closed at 7:11 p.m. L 2 1 Page COUNCIL MEETING November 29, 2022 12. APPROVAL OF THE CONSENT AGENDA MOTION 2022-211 On a motion by Council Member Steinberg, seconded by Council Member Nacy, the following Consent Agenda was proposed: a. Regional Surface Transportation Program Funding for the Route 15 Bypass Interchange ai Edwards Ferry Road and Fort Evans Road Project RESOLUTION2022-145 Endorsing a Request in the amount of$2 Million for Regional Surface Transportation Program Funding from the Northern Virginia Transportation Authority for Fiscal Year 2029 for the Route 15 Bypass Interchange at Edwards Feny Road and Fort Evans Road Project b. Town Shop Mural RESOLUTION2022-146 Approval of Town Shop Mural Designed by Local Artist Danielle Ferrin The Consent Agenda was approved by the following vote: Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Fox abstain) 13. RESOLUTIONS /ORDINANCES / MOTIONS a. Supplemental Appropriation and Contract Award for Microsoft Teams Phone Migration and M365 Support Services MOTION 2022-212 On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the following was proposed: RESOLUTION2022-147 Approving a Supplemental Appropriation in the amount of$250,555 inclusive ofa _ _ Contract Award to Red River Technology, LLC in the amount of$90,555forMicrosoft Teams Phone Migration and M365 Support Services The motion was approved by the fallowing vote: Aye: Bagdasarian, Cummings, Fox. Vice Mayor Maninez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 3 I Page COUNCIL MEETING November 29, 2022 b. Airport North Apron Hangars Project—Construction Change Order MOTION 2022-213 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was proposed: RESOLUTION 2022-148 Authorizing the Town Manager to Execute a Change Order in the amount of $1,134,559 for Construction of the Airport North Apron Hangars Project and Approve a Supplemental Appropriation in the amount of$500,000 Contingency for the Balance of the Airport North Apron Hangars Construction Work The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nary, Steinberg and Mayor Burk Nay None Vote: 7-0 c. Town Council Meeting Schedule for Calendar Year 2023 MOTION 2022-214 On a motion by Council Member Bagdasarian, seconded by Council Member Nacy, the following was proposed: RESOLUTION 2022-149 Setting the Calendar Year 2023 Town Council Meeting Schedule and Authority to Reset the Day or Days to which a Regular Meeting shall be Continued in the Event of Inclement Weather The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Nacy, Steinberg and Mayor Burk Nay: None Vote: 5-0-2(Fox, Vice Mayor Martinez abstain) 14. PUBLIC HEARINGS a. TLSE-2022-0007. Old Mill Veterina I os i Expansion The public hearing was opened at 7:14 p.m. Mr. Chris Murphy presented the Minor Special Exception application for the Old Mill Veterinary Hospital expansion. The application is for a 6,700 sf hospital expansion. Council and staff discussed the application. Public Speakers: There were no speakers wishing to address the public hearing. 41Page COUNCIL MEETING November 29, 2022 The public hearing was closed at 7:23 p.m. MOTION2022-215 On a motion by Council Member Bagdasarian, seconded by Council Member Steinberg, the'Mowing was proposed: I move to approve the proposed resolution approving minor special exception TLSE- 2022-0007, Old Mill Veterinary Hospital Expansion at 91 Lawson Road SE. with conditions, based on finding that the proposed use is compatible with neighboring properties consistent with applicable regulations of the Leesburg Legacy Town Plan and the Town of Leesburg Zoning Ordinance, and is consistent with the protection of health, safety, welfare, and convenience of the community. RESOLUTION2022-I50 Approving Minor Special Exception TLSE-2022-0007, Old Mill Veterinary Hospital Expansion, to allow an Expansion of the Veterinary Hospital at 91 Lawson Road SE The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 Mr. Mike Edelheit, owner of Old Mill Veterinary Hospital made a few remarks to Council. b. TLOA-2022-0002 Accessory Dwellings The public hearing was opened at 7:23 p.m. Mr. Brian Boucher presented Council with the proposed amendments to the Zoning Ordinance revising various sections related to Accessory Dwellings, including permissible zoning districts, use standards, and review procedures. Council and staff discussed the proposed amendments. Placers: There were no speakers wishing to address the public hearing. The public hearing was closed at 7:58 p.m. MOTION On a motion by Council Member Cummings, seconded by Council Member Bagdasanan, the following was proposed: 5 I Page COUNCIL MEETING November 29, 2022 I move to approve Zoning Ordinance amendment TLOA-2022-0002 revising various sections of TLZO Article 5:Residential Zoning Distncts, Article 6:Non-Residential Districts,Article 9. Use Regulations, and Article 18:Definitions, based on the findings that the amendments further objectives of the Town Plan and that the proposal would serve the public necessity, convenience,general welfare, and good zoning practice. ORDINANCE Amending Leesburg Zoning Ordinance Article 5 Residential Zoning Districts, Article 6 Nonresidential Districts, Article 9 Use Regulations, and Article 18 Definitions for the Purpose of Revising Accessory Dwelling Regulations and Removing Extended Family Residence Regulations Council Member Steinberg requested the Minor Special Exception language be removed from the draft Ordinance. The friendly amendment was accepted by Council Member Cummings and Council Member Bagdasarian. MOTION 2022-216 On a motion by Council Member Cummings, seconded by Council Member Bagdasarian, the following was proposed: I move to approve Zoning Ordinance amendment TLOA-2022-0002 revising various sections of TLZO Article 5:Residential Zoning Districts, Article 6:Non-Residential Districts, Article 9• Use Regulations, and Article 18:Definitions, based on the findings that the amendments further objectives of the Town Plan and that the proposal would serve the public necessity, convenience,general welfare, and good zoning practice with the Minor Special Exception removed from the Ordinance. ORDINANCE 2022-0-027 Amending Leesburg Zoning Ordinance Article 5 Residential Zoning Districts, Article 6 Nonresidential Districts, Article 9 Use Regulations, and Article 18 Definitions for the Purpose of Revising Accessory Dwelling Regulations and Removing Extended Family Residence Regulations The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote 7-0 c. TLOA-2021-0012, Homestav Regulations The public hearing was opened at 7:59 p.m. Mr. Mike Watkins presented Council with the proposed Zoning Ordinance amendments to the Homestay Use Standards to evaluate residency requirements and use of accessory structures. Council and staff discussed the proposed amendments. 6 1 Page COUNCIL MEETING November 29, 2022 Ms. Beth Erickson from Visit Loudoun shared some information regarding what the County is doing with Homestay Regulations as well as industry statistics and processes for homestay businesses. Public Speakers: There were no speakers wishing to address the public hearing. The public hearing was closed at 8:35 p.m. MOTION On a motion by Council Member Bagdasanan, seconded by Council Member Nacy, the following was proposed: I move to approve Zoning Ordinance amendment TLOA-1021-0012 revising the various sections of Zoning Act Article 9, Use Regulations based on the findings that the amendments further objectives of the Town Plan, and that the proposal would serve the public necessity, convenience,general welfare, and good zoning practice. ORDINANCE Amending Leesburg Zoning Ordinance Article 9 for the Purpose of Revising Homestay Use Standards Council Member Cummings requested the residency requirement language be removed from the draft Ordinance. The friendly amendment was accepted by Council Member Bagdasarian and Council Member Nacy MOTION2022-217 On a motion by Council Member Bagdasarian, seconded by Council Member Nacy, the following was proposed I move to approve Zoning Ordinance amendment TLOA-2021-0012 revising the various sections of Zoning Act Article 9, Use Regulations based on the findings that the amendments further objectives of the Town Plan, and that the proposal would serve the public necessity, convenience,general welfare, and good zoning practice as amended to remove the residency requirement. ORDINANCE 2022-0-028 Amending Leesburg Zoning Ordinance Article 9 for the Purpose of Revising Homestay Use Standards Council discussed the residency requirement. L 7 I Page COUNCIL MEETING November 29, 2022 The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy Nay: Vice Mayor Martinez, Steinberg and Mayor Burk Vote: 4-3 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS a. None. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS a. None. 19. TOWN MANAGER COMMENTS a. None. 20. CLOSED SESSION a. Town Attorney's Performance Evaluation and b. Town Attorney's Performance Evaluation MOTLON2022-218 On a motion by Mayor Burk, seconded by Council Member Nacy, the following was proposed: I move pursuant to Section 2.2-3711(A)(1)of the Code of Virginia that the Leesburg Town Council convene in a closed meeting for the purpose of discussing the annual performance of the Town Attorney and I move pursuant to section 2.2-3711(A)(1)of the Code of Virginia that Leesburg Town Council convene in closed meeting for the purpose of discussing the annual performance of the Town Manager The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez,Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 Council convened m a Closed Session at 8:41 p.m. Council convened in an Open Session at 9:27 p.m. L 8 I Page COUNCIL MEETING November 29, 2022 MOTION2022-219 On a motion by Mayor Burk, the following was proposed: 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 open meeting requirements under Virginia Freedom ofInfonmation 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. Roll Call Vote:Fox—aye, Steinberg—aye, Cummings—aye, Vice Mayor Martinez—aye, Bagdasarian—aye, Nacy—aye and Mayor Burk—aye. Vote: 7-0 21. ADJOURNMENT On a motion by Council Member Bagdasanan, seconded by Council Member Steinberg, the meeting was adjourned at 9:27 p.m. (\ Key rk, Myr Town of Leesburg AT�TESST Lr Clerk of Council 2022 tcnunl129 L 9 ! Page November 29, 2022-Town Council Meeting (Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It may not be entirely accurate.For greater accuracy,we encourage you to review the video of the meeting that is on the Town's Web site-www.leesburgva.gov or refer to the approved Council meeting minutes. Council meeting videos are retained for three calendar years after a meeting per Library of Virginia Records Retention guidelines.) Mayor Kelly Burk:All right I would like to call to order our November 291h, 2022 Town Council meeting If anyone in the room needs assistance, please see the Clerk Who's right over there Council Member Fox will be giving the invocation,followed by the salute to the flag by Council Member Bagdasanan Council Member Fox Council Member Suzanne Fox: Please join me Our father in heaven,we gather today as we ask you for your guidance,wisdom, and support as we begin this meeting Please help us to engage in meaningful discussion and help us to be a um0ed team, combining our different ideas for productive outcome We thank you for the freedoms that we enjoy and those who work to defend those freedoms May we have the spirit of camaraderie in this room as we work together on our shared mission to serve the people of Leesburg Amen Mayor Burk: Mr Bagdasanan' All: I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible,with liberty and justice for all Mayor Burk: I thank everybody for being here tonight There is a concert with a very popular band playing at the Tally Ho,and that is evidently the reason there is no parking Glad you got here and found some place to park Our next item that we need to deal with is a roll call and everybody is here For the record, everybody is present I have one Work Session minutes from November 141h Do I have a motion to accept them' Council Member Ara Bagdasanan: So moved Mayor Burk: Oh, it was a tie Council Member Zach Cummings: III do the second Mayor Burk: Council Member Bagdasanan Who did the second? Council Member Cummings: I second Mayor Burk: Council Member Cummings All in favor? Members:Aye Mayor Burk: Opposed'That passes 7-0 The regular session minutes of November 15th Council Member Kari Nacy So moved Mayor Burk: Council Member Nacy Second' Council Member Bagdasarian: Second Mayor Burk: Council Member Bagdasanan All in favor indicate by saying aye Members:Aye Mayor Burk: Opposed'7-0 All right Do I have a motion to adopt the meeting agenda' Page 11 November 29, 2022 Council Member Cummings: So moved Mayor Burk: So moved by Council Member Cummings Council Member Nacy Second Mayor Burk: Council Member Nacy Are there any amendments or deletions at this point?All in favor indicate by saying aye Members: Aye Mayor Burk: That passes 7-0 We have no certificates, but we do have two proclamations tonight The first proclamation is for RJ's Deli "Whereas, Maya and David Popat came to the United States in 1982, landing in Queens, New York, and whereas, after visiting family many times in Virginia, Maya and David decided to move to the area in the 1980s, and whereas, in 1988, Maya's favorite uncle, Jay, started and established RJ's Deli with Maya working at the family business through the years, and whereas, Maya eventually bought RJ's from her uncle and fulfilled her dream of becoming an entrepreneur, and whereas, along with her husband David, Maya has been serving the Loudoun community for 35 years, and whereas, RJ's is known for serving the freshest deli meats and sandwiches within emphasis on quality and flavor,and whereas, RJ also offers catering service in a wide variety of important Italian meats and desserts Therefore, proclaimed, that the Mayor and the Council of the Town of Leesburg in Virginia congratulate Maya and David Popat on RJ Deli's 35t anniversary and recognize their contributions to the community by continuously offering great quality food and outstanding services to two generation of Leesburg customers" The other is In Memory of Robert Wright This says, 'Whereas, Robert C Wright was a talented musician who entertained many with his musical skills, and whereas, Mr Wright moved to Leesburg after retiring from his post in Germany, and whereas, during his time in Leesburg, he was a member of St John the Apostle's Church choir, and whereas, he was also a devoted and dedicated Kiwanis Club member who served in various capacities with unwavering enthusiasm, and whereas, his invaluable dedication to the Kiwanis community over the years touched the lives of many children in need, and whereas, he always stepped up to lead when asked and wholeheartedly kept the Kiwanis mission at the top of his priorities, and whereas, Mr Wright led the annual Kiwanis Halloween parade in Leesburg for the past 20 years and loved watching young and old people enjoy the event Therefore, proclaimed,that the Mayor and the Council hereby recognize Mr Wright lifetime achievements and his dedication to the Kiwanis Halloween parade during all of these years I will take this down and present these and I will be right back Maya and David, come on down [laughs] Did he leave you to accept the proclamation [laughs] Funny thing Please,would you come stand beside me because we have cameras [chuckles]We are very, very thrilled to honor you today, 35 years Now, wasn't it originally across the street? Maya Popat:There was two of it here so [inaudible] Mayor Burk: I remember that I remember going to that one when we first moved here Maya Popat: [inaudible]. Mayor Burk:Yes You're located over in what's the shopping center? Maya Popat: Autozone Shopping Center Mayor Burk: Autozone Yes You literally have been doing the work for 35 years Page 2I November 29, 2022 Maya Popat: Yes Mayor Burk: [laughs] Do you have any advice? Maya Popat: I left for a couple of years and I came back [chuckles] I came back to place from [unintelligible] Mayor Burk: Would you like to give any advice or say anything about the services you have and what the restaurant means to you and what's done through the years? Maya Popat: [laughs] Mayor Burk: [chuckles]That's okay That's all right We're excited that you've been here for so long Maya Popat: Yes We're excited to serve Mayor Burk:Are you going to be here for 35 more? Maya Popat: [laughs] I'll try Mayor Burk: Okay Well, thank you very much and we truly appreciate it- Maya Popat: Thank you so much Mayor Burk: -and really are great sandwiches (laughs] Maya Popat: Thank you [applause] Mayor Burk:All right Thank you Suzanne [background conversation] Maya Popat: [inaudible] Mayor Burk: Oh, here he is Yay Maya Popat: My son Mayor Burt Well,would you like to-- [laughs] Maya Popat: My son,Vijay Vijay Popat: Hi, how are you? Mayor Burk: Hello? Vijay Popat:Are we done? Mayor Burk:We just gave the proclamation [laughter] Mayor Burk: Would you-- Maya Popat: [unintelligible] Page 31 November 29, 2022 Vijay Popat: What would you like me to say? [laughter] Mayor Burk:Well, I Just asked her if she had any advice for people to keep their businesses open for 35 years and what it means to have a restaurant, and how you have served generations now Vijay Popat: Well, all I know is they worked their butt off That's all they do, mom and dad We've been part of the community thing about 35 years, so mom and dad are really proud to be a part of Leesburg I'm super excited that we're still here after so many years Just hard work, I think that's all it is, and customer service is really important, especially in this area We love everybody and all the businesses in Leesburg Everybody's super polite, kind, and sweet, and mom gives that same customer service to everybody If you guys can come visit us, wed love to see you guys Mayor Burk:All right Thank you Thank you very much [applause] Mayor Burk: Suzanne,would you like to come up and bring your Kiwanis fellows with you,your supporters here that are here today?This is truly our pleasure to be able to recognize Bob Any of us that have been here for any time know Bob from his years of helping on the Halloween parade, and all of his community activities that he would do What a wonderful person he was, and I know you miss him dearly Would you like to say a few words? [laughs]Would you like to say a few words about Bob' Enrique Gonzalez:Well, Bob is one of a kind We can honestly say that he's irreplaceable This year I really found out how irreplaceable he was because everything fell on me on that Halloween parade We all miss him He's one of a kind What can I say' He served his Town well Mayor Burk: He did Would anybody else like to say anything? [chuckles]Well, I'm sure everybody misses him terribly, but we are so honored that we were lucky enough to know him The Town Council and I wanted to make sure that we recognized him and gave you this proclamation to make sure that you knew how much we appreciated him Thank you [applause] Thank you, guys.Thank you Thank you all Thank you for coming down [chuckles]There'll be some spots open in the garage now [silence] [pause] Mayor Burk: Okay I will ask for a motion to approve the consent agenda and a second, and then I will--Have I missed the petitioners I don't know what that means I always miss the petitioners I'll start reading the--Now one of the first orders of business is to hear from the public All members of the public are welcome to address the Council on any item, matter, or issue Please identify yourself, and if comfortable doing so, give your address for the taped record Any public speaker will be requested to state their name and spell it for the purpose of closed captioning In the interest of fairness,we also ask that you observe the three-minute time limit The green light on the timer will turn yellow when you have one minute remaining At that time,we would appreciate your summing up Under the rules of order, the time limit applies to all Nobody has signed up to speak Is there anybody in the audience that would like to speak,that didn't get the chance and would like to speak now?Seeing that there's no one, I will close this petitioner's section right at this point That takes us to the approval I will ask for a motion and a second, but then I'll ask if anybody wants to take anything off Council Member Neil Steinberg: So moved Mayor Burk: Council Member Steinberg Second? Page 41 November 29, 2022 Council Member Nacy: Second Mayor Burk: Council Member Nacy Is there anything that anybody would like to have removed? Nobody okay All in favor, indicate by saying aye Members: Aye Mayor Burt Opposed That's 7-0 Council Member Fox:Abstain Mayor Burk:Abstain Okay, so that 6-0-0-1 Is that correct? Chris Spera: 6-0-1 Mayor Burk:6-0-1 One yes, one no, one--That was absent but. okay, abstain Okay, 6-0-1 The items,just so that I read them into the record are Regional Surface Transportation Program Funding for Route 15 Bypass Interchange at Edwards Ferry Road and Fort Evans Project, and the Town Shop Mural That's the approval of the Town Shop Mural designed by artist Danielle Fenn All right,that takes us to our resolutions Do I have a motion for the Supplemental Appropriation and Contract Award for Microsoft Teams Phone Migration- Vice Mayor Fernando"Marty"Martinez: So moved Mayor Burk: -and 365 Support Services Moved by Vice Mayor Martinez Second? Council Member Cummings: Second Mayor Burt Seconded by Council Member Cummings Is there a presentation on this? Kaj Dentler No, but we're here to answer any questions that you have Mayor Burk:All right, is there anyone who has any questions on this item?All right, that being the case, there's no questions Vice Mayor made the motion, seconded by Council Member Cummings All in favor indicate by saying aye Members:Aye Mayor Burk: Opposed That passes 7-0 All right, the next one is Airport North Apron Hangar Project Construction Change Order Vice Mayor Martinez: So moved Mayor Burk: This is moved by Vice Mayor Martinez, seconded by Council Member Fox Are there any questions on this one? No questions?All in favor indicate by saying aye Members: Aye Mayor Burk: Opposed?That passes 7-0 Next one is the Town Council Meeting Schedule for the Calendar Year 2023 Do I have a motion for that one? Council Member Bagdasarian: So moved Mayor Burk. Council Member Bagdasanan Council Member Nacy: Second Page 51 November 29, 2022 Mayor Burk: Seconded by Council Member Nacy Is there any questions on this one?All right All in favor indicate by saying aye Members:Aye Mayor Burk: Opposed?All right Vice Mayor Martinez: Abstain Council Member Fox Yes, abstain Mayor Burk: Okay,so that would be 5-0-2 All right That then takes us to our--We're such an efficient group tonight Council Member Bagdasarian: Everyone wants to go to the WASP concert Mayor Burk. Yes [laughs]All right I call to order this November 29th Public Hearing of the Leesburg Town Council Unless there is an objection, I will dispense with the reading of the advertisement If you wish to speak, we ask that you either sign up on the sheet in the hallway outside of the Council Chambers, but if you did not get the opportunity to sign up,we will give you the opportunity to speak In the interest of fairness,we also ask that you observe the five-minute time limit The green light in front of you will turn yellow at the end of four minutes, indicating you have one minute remaining At that time,we would appreciate your summing up and yielding the floor when the bell indicates your time is expired Under the rules of orders adopted by this Council the five-minute time limit applies to all citizens However, rather than have numerous citizens present remarks on behalf of the group, the Council will allow a spokesperson for the group a few extra minutes In that instance,we would ask the speaker when they sign up to indicate their status as spokesperson,the group they represent, and their request for additional time Our procedure for tonight's hearing is,first, there is a brief presentation by staff Second, the members of the public that have signed up to speak will be called and given their five minutes The public hearing item on the agenda tonight is TLSE-2022-0007 I'm having trouble with these numbers, Old Mill Veterinary and Hospital Expansion Hello, Mr Murphy Chris Murphy: Good evening. Madam Mayor, Members of Council I am here this evening to present the staff report for the Minor Special Exception Application TLSE-2022-0007 and this is-- I'm having trouble advancing the-- [pause] Chris Murphy:There we go This is relating to the Old Mill Boarding Kennel and Veterinary Hospital situated at 91 Lawson Road SE For reference, the property sits at the intersection of Lawson Road with the W&OD Trail Okay, here we go The subject property measures a total of 2 33 acres and is zoned I-1 with no applicable overlay zones In 1991, Council authorized the existing veterinary hospital use here by special exception TLSE-1990-0002 Presently, in the I-1 veterinary hospital use is qualifying as a minor special exception use That skips the Planning Commission public hearing and comes directly to Council for approval of the special exception The application proposes an amendment to special exception TLSE-1990-0002 to permit a 6,700- square-foot expansion of the existing veterinary hospital Other improvements to the property resulting from this application include enhanced onsite parking and circulation, new dumpster with screening per Code, loading space per Code, landscape buffer and screening enhancements, and elimination of parking spaces in the loss of road Right-of-way The new service and employment opportunities presented by the expanded facility represent positive growth per the Town Plan All veterinary hospital uses are obliged to meet the minimum use standards established in Zoning Ordinance Section 9 3 30 Staff finds the application complies with these standards by completely enclosing the additional 6,700 square foot expansion and by absorbing 58 of the existing outdoor dog Page 61 November 29, 2022 runs the application reduces opportunities for noise and or nuisance impacting adjacent properties This slide shows the application involved,three submissions that satisfactory address the ordinance requirements and staff concerns relating thereto Total time to complete these reviews in preparation for tonight's public hearing is four months from this acceptance date in July of this year In addition to the minimum use standards for veterinary hospitals,we examined previously, all applications for special exceptions are subject to the approval criteria established in Zoning Ordinance Section 3 4 12 In this examination, staff finds the application does not adversely affect neighboring properties In fact,the expanded bed hospital will reduce potential impacts on neighbors by providing more onsite parking, enhancing site access and circulation, and by absorbing the 58 outdoor dog runs where noise or odors can generate The site also complies with the Zoning Ordinance and Town Plan through site improvements and expanded services and employment opportunities,thus,the application represents positive growth and change for the Town Plan It will not hinder or discourage development of adjacent or nearby properties as the expansion area is contained on the portions of the property that is already developed and new landscape buffer/screening enhancements are added It won't affect or be hazardous to existing neighborhood traffic or streets No substantial increase in traffic is anticipated from this development In conclusion, staff finds the application complies with applicable policies of the Town Plan for positive growth It satisfies the veterinary hospital use standards, it satisfies the special exception approval criteria, and therefore serves the health, safety,welfare, and convenience of the community and represents good zoning practice Thus, staff recommends a conditional approval of the application as presented in the draft resolution included in this evening's agenda packet Those conditions of approval include establishment of a substantial conformance standard for subsequent applications to follow, standard language establishing no waivers of applicable ordinance requirements were expressed or implied by approval of this application, approval of the buffer yard width modification per Zoning Ordinance Section 12 8 5 F is granted to clean up non-conformities on the site, and establishing minimum use standards for vet hospital uses will always apply to the use of the property For Council's convenience, I have provided motions on this slide to aid in moving forward this evening This concludes my presentation The staff are available to answer any questions Mayor Burk:Thank you very much I just have one question Chris Murphy: Certainly Mayor Burk:You use the term absorbs 58 kennels? ,at does that mean? Chris Murphy:There's 58 kennels that are going to be taken where the expansion happens It's going to take the place of where there's 58 outdoor dog runs Mayor Burk: Will there be any more dog runs to[crosstalk] Chris Murphy:Yes, there'll be 117 still on the property There's 175 out there now and there's 58-- There's still be some dog runs out there, but it's going to reduce the impact, not increase it Mayor Burk:All right Does anyone else- Mr Steinberg? Council Member Steinberg:Thank you, yes I have no problems with approving this I was looking for something in the packet that might have shown us a rendering of the project at its completion Did I miss that or could I just not? Chris Murphy: No, I have it for you here Council Member Steinberg:You have it for me here Aha [laughs] Page 71 November 29, 2022 Chris Murphy' Yes I'll scroll down to the renderings Of course, there's the elevation drawings Council Member Steinberg:Yes, I saw those I saw that I was looking for something that basically showed us more of a context of that drawing within the property in its entirety That's the only thing I was looking for in the report It doesn't offer any context Chris Murphy: Right The application did not provide--Here's the special exception plat page and so its going to show you, this is the self-storage facility That's just to the north of it There's a parking lot across the street, and then the W&OD Trail is along the south side Council Member Steinberg: Yes, I'll give you all that I would just say, and I don't know if it comes at any great expense to the applicant, that some sort of rendering that shows the project on its site The context of this completion and its relationship to the buildings around it would be helpful, that's all, in the future Okay Thank you Mayor Burk:Any additional questions?Yes, Mr Bagdasarian Council Member Bagdasarian: No questions,just a comment I would like to make the motion to do this on behalf of my dogs, Augie and Jack that were guests at Old Mill last week, so thank you Mayor Burk: I don't know Is that a conflict? I don't know [laughter] Council Member Bagdasarian:We hope not Yes [unintelligible] Council Member Nacy: [crosstalk] Council Member Bagdasarian: Yes,exactly daughter] Mayor Burk: [unintelligible 00:24:24] Council Member Bagdasarian: My dogs abstain Mayor Burk: Do you have the motion? Council Member Bagdasarian:Yes Eileen Boeing: No, the Public Hearing is still open Mayor Burk: Oh,you're right We got ahead of ourselves again Sorry The second is the public has-- Nobody has signed up to speak Is there anybody in the audience that would like to speak that didn't get a chance at this point?Savannah? No Okay She could have a lot of fun The applicant is not presenting any additional information Okay Chris Murphy: No Mayor Burk: No Okay Then I will close this public hearing, and you may make the motion Council Member Bagdasarian: Thank you I move to approve the proposed resolution approving minor special exception TLSE-2022-0007 Old Mill Veterinary Hospital Expansion at 91 Lawson Road SE Mayor Burk:With conditions Page 8I November 29, 2022 Council Member Bagdasarian:With conditions, based on finding that the proposed use is compatible with neighboring properties consistent with applicable regulations of the Leesburg Legacy Town Plan and the Town of Leesburg Zoning Ordinance, and is consistent with the protection of healthy, safety,welfare, and convenience of the community Mayor Burk: Is there a second? Council member Steinberg: Second Mayor Burk: Seconded by Council Member Steinberg Any additional questions at this point?All in favor indicate by saying aye Members Aye Mayor Burk: Opposed?That passes 7-0 You got it [laughs] Chris Murphy: Thank you all very much Mayor Burk:Thank you All right Michael Edelheit: Can I say anything at this point? Mayor Burk: Would you like to say a few words? Michael Edelheit: We've been in the Leesburg community--Well,thank you very much for giving us the opportunity to present our proposal to you, Mayor Burk, and Council We've had the luxury of being in Leesburg for 32 years and we've seen a lot I have to say that you guys have done a great job in monitoring and being very thoughtful in approving the things that you approve and letting growth take place I feel that just on your drive to this meeting tonight, if you listen to the news, I think we're pretty lucky to be in Loudoun County and Leesburg, Virginia, and I appreciate it very much Mayor Burk:Well,thank you and we appreciate you choosing Leesburg for your location Michael Edelheit:Thank you Mayor Burk:All right That takes us to our second public hearing Okay, call to order this November 29th, 2022 public hearing of Leesburg Town Council. Unless there is an objection, I will dispense with the reading of the advertisement If you wish to speak,we ask that you either sign up on the sheet in the hallway outside of Council Chamber, but if you did not get the opportunity to sign up, we will give you an opportunity to speak In the interest of fairness, we also ask that you observed the five-minute time limit The green light in front of you will turn yellow at the end of four minutes, indicating you have one minute remaining At that time,we would appreciate your summing up and yielding the floor when the bell indicates your time is expired. Under the rules of orders adopted by this Council, the five-minute time limit applies to all However, if numerous citizens have remarks and would like to present remarks on behalf of the group, the Council will allow a spokesperson for the group a few extra minutes In that instance, we would ask speakers when they sign up to indicate their status as spokesperson,the group they represent, and their request for additional time Our procedure for the public hearing is as follows,first, there is a brief presentation by staff about the item before us Second members of the public that have signed up to speak will be called and given five minutes The public hearing on this Rem on the agenda tonight is TLOA-2022-0002 accessory dwellings Mr Boucher Brian Boucher: Madam Mayor, Members of the Council You just introduced what it is It's an ordinance amendment and if you go back a little in time,the Council passed initiation to revise sections of the Zoning Ordinance related to accessory dwellings including where these should go, Page 91 November 29, 2022 what use standards should be applicable to them, or what the review process would be That's what we have for you tonight It actually affected four different articles in the Zoning Ordinance The Planning Commission looked at this three times, three different meetings Back on October 6'", they recommended approval of the proposed accessory dwelling ordinance that's in your packet, 6-0- 1 with several changes I'll talk about those changes and the one difference that staff has They wanted to see some revisions to what was presented to them and one was that the minimum lot size for detached accessory dwelling,that's accessory dwelling separate from the house,would have to be at least 10,000 square feet The second was that minimum parking should be one parking space per proposed bedroom in an accessory dwelling, or what I'm going to call it,a guest house There's a limit of two bedrooms in an accessory dwelling or guest house That means if you had one bedroom, one space, two bedrooms, two spaces They also wanted to clarify that there shall not be separate Town water meters for the accessory dwelling and the principal building or the principal residence, and that's what's in your ordinance Then there was this issue of downtown We've got a number of lots you'll actually see in something I'll present the number of lots we have downtown that could potentially have something like this, but some of them don't have parking The thought was that if there is a residential parking program that the Town has created that has guest parking passes that perhaps that could be used to satisfy the parking in those cases Again, some lots in the Historic District really don't have easy access to parking even on-site The staff recommendation was also recommending approval of this but there's one change from the Planning Commission's recommendation and staffs recommendation Staff believes that there should be one parking space for an accessory dwelling or a guest house,whether there are one or two bedrooms Rationale for that real quickly was because a lot of these places you will see from where they can be located, they're going to have public streets nearby that will have parking, a lot of our singie-family detached houses have driveways that could fit more than two parking spaces where garage spaces, and sometimes these will be occupied by people,there really is only one car We thought to try to limit the parking to what we felt was reasonable Planning Commission disagrees Again,they think there should be two parking spaces if there are two bedrooms Then what I wanted to do was show you some information that the Planning Commission asked for when they were looking at this because they wanted to assess the impact in the Town because, again,this is something that's going to be proposed for five residential and one commercial, and it was how many dwelling units are there in Leesburg If you look at this, you'll see a breakdown There's actually over 16,000, close to 18,000 That's of all types You can see the big one up there is single-family detached is over 7,000 Now,this ordinance, accessory dwellings, separate accessory dwellings will only be possible on single-family detached lots The way the ordinance is written, you couldn't have it if you have a townhouse or you're in multifamily The only place you could have a detached accessory dwelling is in single-family detached You kinda see a breakdown there of really what's been built in Leesburg today Then another thing they wanted to know was, "Okay,we know how many existing residents there are, how many of them are there in these districts where we're looking to put an accessory dwelling as an Option?"You see, it's the R-E, R-1, R-2, R-4, R-HD, and then the mixed-use B-1 downtown There you can see the total existing residences in the column in the left, it's 3,383 in these districts,then they wanted to know how many have blocks that are greater than 10,000 square feet You can see of these lots, 2,900 of them are actually 10,000 square feet or greater Then they wanted to know how many of these lots are not subject to an HOA The reason they asked that is a lot of the HOAs, particularly in planned developments, are not going to allow you to have a detached accessory dwelling They may not allow you to have an accessory dwelling inside the house or in addition for it They wanted to know how many are there who really wouldn't have any strings attached You can see it's 1.400 lots Page 101 November 29, 2022 Then the final was just how many lots are in these districts are smaller than 10,000 square feet You'd see it's 255 They did that to just get a sense of where these could be Also,this map came out of that discussion as well Again,you see the districts that have been proposed by staff, R-HD, R-E, R-4, R-2, R-1, B-1, and you can see where they're located in Town The ones that are in the darker color, look at the darkest color kind of orange, those are subdivisions with no HOA Those are the ones where if you have these, it's probably going to be more likely they will appear That's just to give you a breakdown around Town What you see is its really the oldest subdivisions Mayor Burk:That's exactly right Brian Boucher: It's the older Town subdivisions where you don't have HOAs Let's talk a little bit about what an accessory dwelling is, and we're revising the standards It's something that can be inside a dwelling, it can be in addition to dwelling, or it can be in a detached building a small building Number you get one on a lot Period residency,there's a residency requirement You have a principal building, and then you have the accessory dwelling, and the principal building or the accessory dwelling has to be occupied by the owner of this property at least 185 days a year It's literally aver half a year That's in there Number of bedrooms, again, limited to two The location, again, inside, it can be an addition or it can be a separate building outside It has to meet setbacks Various setbacks are in the ordinance Maximum size Some differences in here, but basically, if it's a detached accessory,you're 900 square feet if it's one story If it's two-story, in which case you actually are providing a parking space as part of it,when you have a parking space, it can be 1,200 square feet Thai would be generally the largest The appearance, they have to reflect the architecture around them,the architecture on the lot Building materials have to do that so it doesn't stand out too much Now,we've got a lot of standards for these What's worked into this is if you can meet the standards, but maybe there's one that you can't, you can ask for a minor special exception to get the Council to consider a change in that standard, a modification You just had a minor special exception for a veterinary hospital, it'd be that same process Let's say they say, "We just cant meet one of these standards," like minimum block size We don't have 10,000 square feet but we really want to have one We want to make our case"They would have the right under this to at least come through a minor special exception and ask Ask and ain't necessarily getting but they'd have the ability to do that One thing I point out,there's no annual inspection Once these approved,there's nothing in here that says staff will go out and check them every year Again, these are being proposed as permitted/minor special exception in R-E, R-1, R-2, R-4 ,R-HD, and B-1 Permitted means you meet all the standards, you can do it by nght, you just go to the Zoning Administrator, prove you met them, minor special exception. We can't meet one of these standards We'd like the Council to give us special consideration and modify that particular standard" Now, one other thing we have is, in your packet, its a guest home but it's really the guest house What this is, it would replace the extended family residence Those of you, I think the Mayor, I think Vice Mayor Martinez will remember when we did this, an extended family residence It really was an accessory dwelling,trying to get people-- Its for your family members We have two of them It was all we ever got When looking at this,what a term other people use is guest house and it's essentially the same thing A guest house is it can be inside, it can be an addition, or it can be a detached building It's not rented or leased You can only put family members in there or friends who are, let's say, staying but that's really the limitation It has another limitation in that it can't have separate cooking facilities You don't want to make them too comfortable They're supposed to come into the house and eat because they're visiting or they're family members who don't want to live inside the house with the parents and so you got that The other thing is, again, water meters for both of these,again, can't have separate water meters Its got to be to the main house Again, it's subject to a number of the standards that the accessory Page 111 November 29, 2022 dwelling unit is A guest house can be converted to an accessory dwelling if they go through the process and put in a kitchen because,again, this can't have cooking facilities If you did that and it was allowed in the district, then you could lease it out to folks I want to talk about parking because that is the one difference, I think, between staff and the Planning Commission Again.they're recommending one for bedroom We recommended one for each of these I gave you the reasons about that already Notice one of the questions that came up was what can they get if they build one of these on their block?Can they get another driveway off of the road into their lot?They can come to you and ask if that's what they feel they need to do In most cases, you have the right to want access to the public road and if you've got that, you're done Again, I mentioned the modification request They can come in and people can make their case We think what this does, it does provide some flexibility into the ordinance but it has legislative oversight Staff can't approve it You all are the ones who have the authority Again, parking, maximum size, bedrooms, locations,these are all things that people could ask under that We're talking of reasonable standard there One other thing I'll mention as I finish up is the BAR was concerned at the sizes that we had for accessory dwellings They felt that in some cases the maximum sizes might be too big and in other cases are too small given the units there, so they asked that there'd be something that gave them a little ability to modify the size and that's what this section does I do believe you got something from the Chair of the BAR that said they agreed with this That's pretty much it Mayor Burk: Okay Thank you I have a couple of questions I'm going to start with On page 129, you talk about an accessory structure used as an accessory dwelling may encroach into a required rear yard but shah be no closer than 10 feet to a rear property line Does that include easements?What if you've got easements going through? Brian Boucher Again, if there's an easement and it's something that doesn't allow you to put a structure on it,this ordinance allowing you doesn't overturn that easement right that's been granted If we had an easement for stormwater management that went across the property, they can't build one in that easement, and even if it was a private easement to someone,they couldn't do it Mayor Burk:Well, I built a garage behind my house and we had to be 20 feet from the back and we didn't have an easement Is there a difference between a garage and an accessory dwelling? Brian Boucher: Well, it's interesting because our ordinance now says you could build a garage up to 2 feet inside the rear property line We changed that at one point in time The reason they kept 10 feet instead of going-because, again, you could build a garage, it's not occupied, it could be 2 feet off The reason they kept 10 feet here was they thought that because you will have people living there. there's a little more activity, a little more distance is not necessarily a bad thing Mayor Burk: Exactly Also,the J where it says one story,the maximum growth floor area but one story accessory dwelling shall be limited to 60% of the principal dwelling or 900 square feet, whichever is less I saw I've Just read the wrong one Sorry I wanted to ask-the question was about height The accessory dwelling may have a height of no more than 24 feet Again, did you change the garage requirement because when we did the garage, it was 19? Brian Boucher: We did not I'd have to say staff had recommended 20 feet because that's the standard for an accessory dwelling Other accessory structures in the Town, it's 20 feet, but the Planning Commission thought that might be too limiting so they actually recommended 24 Staff, in the end, we didn't have any strong issue with that so that's what's reflected in the ordinance Mayor Burk: Could that conceivably allow the accessory building to be taller than the primary building? Brian Boucher Actually in some cases. in one story, yes, it probably could because we don't have anything that specifically says that the height can't be taller than the existing principal building Page 121 November 29, 2022 Mayor Burk:Then the 185-day requirement for residency,that's basically six months, probably, more than six months Brian Boucher: Yes, six months We just-- Mayor Burt If you're here less than six months,you're not considered a resident Brian Boucher Correct Mayor Burt If you don't have somebody that is here at all, that means then that those units could be bought by a company down in Florida that's lust renting them out for the stays Brian Boucher That's what gets into there's a revocation procedure that if it is something like that's happening, and we are aware of it, that the right to use the accessory dwelling can be revoked Mayor Burk:Why would it be revoked? Because you don't have residency? Brian Boucher: Again, if you don't have the people with residency,and it's simply that situation that some investment group out of states bought a bunch of them, put them in the neighborhood because they can have this principal structure. and then an accessory dwelling, so you can have two in one, run them both, if you have that and no--We didn't want to have that with no residency requirements Mayor Burk:To me,that's extremely important I have a Mend that lives out in Arlington, and it has that situation where they have accessory dwellings and the actual dwelling, and they are rented out Nobody lives there They're rented out all the time The impact of parking in the area is horrendous Just the fact that these housing units are commercial entities and whatever goes on, there's nobody there to control what's going on and so they've had some real nightmare scenarios Then you have other places here in Loudoun,where they have bought groups of houses and made them into commercial endeavors The residency requirement.to me, is extremely important Otherwise, you're going to end up creating an awful lot of problems Brian Boucher: Just a follow-up on that,the rationale really was for that because here, it's one thing, you can buy a house and rent it out to people That's perfectly legal You don't have to live there Here, it's to allow you to build another dwelling on, let's say, mostly single-family detached neighborhoods where they're one dwelling unit per lot Here,you get the second smaller one The reason the residence is required there is to prevent exactly that That you get someone who's not invested in the neighborhood other than on a monetary sense, as commercial basis,will rent these and perhaps be less concerned with the week-to-week maintenance of the lawn, etc Mayor Burt That's the other question then,who maintains the maintenance and how do you complain about it? How do you deal with it? I mean, it's something to really consider It really affects the older neighborhoods It'll be the Country Clubs in the areas, Crestwood,where I live, and some of the older neighborhoods It's really not going to impact the residents that have HOAs I think that's a component that we really need to realize that we are talking about now,older neighborhoods that they've been there a while and they've got people that have lived there and now you're talking about increasing parking requirements, situations where people have lived there for a long time, and now there's people, strangers that they don't know, parking in front of their house, causing concern for some of them The residency and the parking are two things that are significantly important to me Does anybody else have any questions? Ms Fox? Council Member Fox:Yes, one question You were talking a little bit about the hot water heater situation If I understand you correctly, the accessory dwelling unit would have to pull off the main? Brian Boucher: Yes, so you'd have 1 meter for the 2 and that's actually preferred by our Town Utilities Department Council Member Fox: Oh, okay, so 1 meter for the 2 That doesn't actually mean that they can't have a hot water heater and that's wrong Page 131 November 29, 2022 Brian Boucher:They can It's just it'll all be going off the 1 meter Where the difficulty comes in is where people say,"Well, that's--"Then they have to talk with the owner of the house if its an accessory dwelling and they're not residents being rented, and they have to figure out the bill that way Council Member Fox: I see Okay, that's a clarifying for me As far as the parking is concerned, I tend to agree with staff, one parking space for one or two I don't think we should be more onerous for this than we are for Virginia Village or something like that down there I think that's reasonable That's all I have Mayor Burk: Mr Bagdasarian? Council Member Bagdasarian: Yes Thank you, Mr Boucher How popular are accessory dwellings in otherjunsdictions?Are there guest houses popping up in every backyard?How popular are they? Brian Boucher: In some areas of the country, in the more urban areas, where the suburbs are near a larger city, they seem to have a lot of them If you go out to the West Coast, they seem to be more prevalent than they are here I can't give you a number in Loudoun County They allow it in a number of districts 1 can just tell you this, up to this point, we had the extended family residence and we also have a thing called an accessory dwelling, you would do a special exception for accessory dwelling In the time I've been here, and I didn't use to have gray hair and didn't use to be fat,we've only approved maybe five between the two in all that time I do think the world has changed The other thing, what I was looking at,the world is changing I think we could expect some of these to happen It's going to be something that's going to occur more in the future than it has in the past I think this ordinance was an attempt to recognize that, but at the same time,to probably think a reasonable controls on it The other thing I would say is this, any ordinance, you guys can always change ordinances,that's your basic power Here to some degrees,we think this is, I wouldn't call it,conservative but we think its reasonable way to start Obviously, if an implementation we see that there are ways to do it better you would probably have us back before you do make those changes Council Member Bagdasarian: Secondly, now would this cover a building unit above a garage like a dwelling-- Brian Boucher: Yes Council Member Bagdasarian: It does Brian Boucher:You could You could do that Council Member Bagdasarian: Okay, I wasn't sure about that Was it discussed or is it something that was considered requiring some sort of approval from adjacent neighbors before this is-- Brian Boucher: We did not,and the only difficulty about that is it all depends on your relationship with the neighbor. I will just say I've had wonderful neighbors, and I've had a few neighbors that were not wonderful It would be difficult to me to, I think, put that decision in their hands Obviously, if neighbors find out that people aren't operating this the way it should, they can complain to us, and there are things we can do about it Council Member Bagdasarian: I think that's, obviously, important is having a mechanism to ensure that the uses and there are not issues that are brought about through the addition of an accessory dwelling so thank you Mayor Burk:Well, after you guys have your questions, would anybody mind if we asked Beth Erickson from Visit Loudoun to come forward because she's been following it at the County level because they're going through the same thing too Would anybody mind if she just had a few minutes to tell us what their County is up to? Page 14I November 29, 2022 Council Member Steinberg:Accessory or with homestay? Mayor Burk: Pardon me? Council Member Steinberg:You're talking accessory or homestay? Mayor Burk: Homestay Russell Seymour: Homestay Mayor Burk: Mr Cummings? Council Member Cummings: Sure Can you just give me some color on how we settled on a little less than quarter acre lots only or larger for a use? Brian Boucher: For the detached accessory? Council Member Cummings:Yes Brian Boucher Again, it was not to really eat up the entire lot with building and parking The idea was it's a very typical lot size in Town In fact, it's the most popular lot size in Town, and it does afford enough room in most cases to build a reasonable size building on it Its really where we did it If you excluded this lot,then the map that we had,you'd have very few lots in Town that could do it, and if you made it smaller,you could appreciably add to it but, again,we thought that that's where it becomes more problematic, duplexes,townhouse developments There just simply wasn't room to practically do this Most jurisdictions don't allow the detach that I investigated 10.000 is not an unusual lot size Council Member Cummings: Do we have any similar rule on detached sheds? Brian Boucher: We do we have size limitations We have height and size limitations Council Member Cummings:As far as on acreage If I have a 101h of an acre, I can-- Brian Boucher: We don't have one On unoccupied accessory structure, no,we don't have a size of the lot We do have setbacks you've got to meet and, etc , but, no,we don't have something that says you can't build it on a 10.000, unless it's 10,000 square feet Council Member Cummings: Then because it was brought up about non-owner occupied long-term rentals, what is the complaint process there if I have a neighbor that's rented their home or their townhome out? Brian Boucher: I think if you thought there was a problem, people will call the Zoning Administrator, the Zoning Office, and then what we'll do is we have same things in here for revocation and we will send someone out to investigate Council Member Cummings:Are there any regulations on property owners who are not residents doing a long-term lease? Brian Boucher: Do you mean in the case of if it's just a single-family detached house? Council Member Cummings: Yes Brian Boucher: Yes Again, if it's a single-family detached house, you can An owner who doesn't live here can rent it out and that happens pretty frequently in Leesburg The reason for the difference here, if I'm anticipating the point, is because you're allowing a second unit in neighborhoods that are generally the lots are single-family detached The thought was that you didn't want to turn this into an investment potential for non-resident owners who might look at it and say, "I can buy a house in this Page 151 November 29. 2022 neighborhood and I can buy a second dwelling, and I can rent them both out"Then you've got someone living in the neighborhood-- Again, these are residential neighborhoods They're not technically commercial neighborhoods The thought was to really force that owner to be part of the neighborhood a certain time of the year because with that,the thought was,will come a certain level of responsibility and care Council Member Cummings: Just to follow upon something you just mentioned If I own a single- family home and I build a detached accessory dwelling, I decide to move to Florida, can I rent my home and the long-term rental, not short-term, but can rent my main structure, my home, and the detached? Brian Boucher:We would say that you couldn't lease that because, again, if you don't meet the residency requirement, we would say then that accessory structure is something that can certainly be literally like a guest house for friends and family of the person who's renting the house, but you could not rent it out long-term from long distance to another family Council Member Cummings: Okay, a makes sense Thanks Then my last question,and it's kind of an open-ended question, when we were going over the concept of the minor special exception and you use the example of, "I'm at 0 23,two-thirds of an acre, maybe I can come to Council and ask for a minor special exception"Again, I don't have a real question My gut is that puts us in a really tough situation when you allow all of the items you have to meet to be given the permit because who are we to say if one citizen comes in and they're at 0 23956, and another comes in and they're at 0 23955, we were going to be between a rock and a hard place and I don't- I'm willing to make the tough decisions if you will I think it puts us in a tough spot allowing all of those to be used in a minor special exception Brian Boucher: I would say this, this was just one way to build in flexibility Obviously, that Flexibility doesn't have to be here We have other situations where you either meet the rules or you don't and have a nice day That's something for you all, certainly, to consider Mayor Burk: Mr Steinberg? Council Member Steinberg: [chuckles]Well,thank you, Mayor Burk This is an interesting conversation I'm going to start off by saying,we spend a lot of time, and the Planning Commission, spends a lot of time trying to plan Hopefully,we're doing a good job with that We have created areas in neighborhoods based on perceived numbers of population and residents and the streets are designed to accommodate those and the number of cars and so on This approach, and I'm not saying I'm against it necessarily, starts to punch holes in that planning, especially when we talk about parking Interestingly enough, I was having a conversation with a resident today who lives off of Evergreen Mill She's a very nice woman We talked about this a little bit, but she was commenting on how she knows there are people in the neighborhood who are already renting out their basements without permits, obviously That means if they've installed kitchens in those basements, one presumes that they've been done so without permits and there's a strain on the parking in her neighborhood One of the concerns I have,even in the best of cases we don't seem to be able to get a good grip on people who decide they're going to fly in the face of a convention and do whatever they want anyway My views on parking have evoived interestingly enough over the past four years from what was a less conservative approach to, I think,which is now a more conservative approach I recognize that our transportation model is going in another direction but it isn't there yet We may decide we want to start altering parking requirements and regulations but we have no alternatives especially for the residents I realize we're trying to be business-friendly, but we also have to be resident-friendly When we start encroaching severely on available parking for the people who live on the streets let alone renters or other types of commercial enterprises, I don't think we're serving our residents very well My computer lust went dark, so I'm going to have to remember my questions One of my biggest concerns is the minor special exception Page 161 November 29,2022 My feeling is if we're going to sit here and take the time to hammer all these details out and we come up with something then I recognize from one side there may be, I'm almost there but not quite The fact is you're not there To make it easier with a minor special exception, and Pm not trying to create an onerous situation, but we are still trying to plan, and if we keep punching holes in the planning with minor special exceptions because they're almost there, but I don't think we're serving the Town very well I wouldn't be in favor of the minor special exception part of this at all I think the conversation about absentee owners will also spill over into our next public hearing because that's where, t believe, it's going to be a real problem and where we have to be more cautious I appreciate the Planning Commission's wanting to be cautious in terms of their parking requirements, because we daily get observations by residents who comment on exactly that particular topic I know we have pressures from other commercial entities who are looking for us to try to alter those to accommodate them, but it, again to me, it comes at the expense of a quality of life for the residents I think that's where we need to be careful Thanks Mayor Burk: Mr Martinez Vice Mayor Martinez: Question on the minor special exceptions Would it be appropriate to just make it a staff decision based on criteria'? Brian Boucher: I will go back to something Councilman Cummings said is we make you guys make the tough decisions I think that's an accurate reflection I think from a staff standpoint I'll tell you, it's easier for us if we have a hard rule Sometimes because its much less debate much easier to implement,we put the minor—and this was something for you to consider If you don't want people to have flexibility you need these rules If you want that,then it doesn't need to be in there I think it's difficult We find some difficulties too at what's called the administrative level in making modifications When the standards may not be as clear, remember you guys can consider certain things that we can't in the broad spectrum of what you consider when you make these decisions Vice Mayor Martinez:What I am getting at is you say minor special exception There is no minor It's a special exception that should be given to the Council to make the decision When you put minor in front of it, you're giving a false impression that whether you should or not and that's my only comment Brian Boucher Just one thing is minor about it You don't have to go to the Planning Commission A minor special exception skips the Planning Commission Mayor Burk: Everyone has had the opportunity to speak at least once Council Member Fox:There's one thing real quick just with the approval if it would affect the motion, if somebody made a motion, but I just did a quick Google search on the 10,000 square feet and it has 0 229 acres Basically 0 23 acres instead of 0 24 or no, Brian Boucher: That's probably right 0 24 is what we rounded it off to what we had It's 10,000 square feet is really what a is Council Member Fox: You guys did that Brian Boucher 10,000 square feet is really what the ordinance says in it I think that was just something I didn't, I don't know Probably shouldn't have, but 10,000 square feet minimum Mayor Burt No additional questions Is there anybody in the public that would like to speak at this point? Ms Erickson, you don't have anything to comment on this part? Beth Erickson: Correct Page 171 November 29, 2022 Mayor Burk: Being that there's no one in the public that has signed up to speak and no one in the audience that would like to speak, I will close this public hearing Is there a motion someone wants to make, Mr Cummings? Council Member Cummings: I'm happy to make the motion Mayor Burk: Okay Council Member Cummings: If that's okay?A quick comment before I make the motion I'm going to vote in favor of the motion in approving this I don't believe this is the best way to go about these accessory structures, but because I'm a major proponent of affordable housing and an accessory dwelling is a part of that, well take the next step and try to work on making allowing these to be used for housing under this current--were not there yet, but I hold out faith that we can keep working on it I move to approve Zoning Ordinance amendment TLOA-2022-0002 revising various sections of TLZO Article 5 Residential Zoning Districts, Article 6 Non-Residential Districts,Article 9 Use Regulations, and Article 18 Definitions, based on the findings that the amendments further objectives of the Town Plan and that the proposal would serve the public necessity,convenience, general welfare, and good zoning practice Mayor Burt There a second?Council Member Bagdasanan We have lights on Council Member Fox: Could I make a friendly amendment to that? Mayor Burk:All right Council Member Fox: Well, I can try I just want to see if you'd be amenable,Zach,to having one space for one or two bedrooms Parking space, I'm sorry Brian Boucher:The ordinances as we drafted it does that Council Member Fox: Oh, it is that.We went against what the Planning Commission? Brian Boucher Yes The Planning Commission wanted one per bedroom,which would be two spaces per two bedroom accessory dwelling What's in the ordinance is one space for accessory dwelling, whether it has one or two Council Member Fox: I misunderstood Thank you Mayor Burk:You withdrawing your amendment? Mr Steinberg? Council Member Steinberg: I'd like to offer a friendly amendment to remove the minor special exception language from the motion that or from the amount from the request Mayor Burk: Have that, Mr Bagdasanan? Council Member Bagdasarian:Yes Mayor Burk: The minor special exception is taken out Mr Martinez Vice Mayor Martinez: I just wanted a point of clarification, information,whatever d is When you make a motion, you can make your comments after the motion has been seconded You didn't have to make comments before the motion Council Member Nacy: I have a quick question Mayor Burt Yes Page 181 November 29. 2022 Council Member Nacy: Taking out the minor special exception would mean everything becomes permitted by right automatically Brian Boucher: That's right If you did not meet these standards, you could not have one There would be no option Council Member Nacy: Oh, there's no option Brian Boucher: The minor special exception was to put the potential for flexibility and if you did meet a standard by coming to the Council If you take that out, then its like a lot of our other uses, you either meet the standards or you don't If you were 5 square feet short of 10,000,we will tell you as staff, "Sorry You don't meet the minimum" Council Member Nacy: Ok Thank you Mayor Burk: All right Everyone's made their comments All in favor indicate by saying aye Multiple:Aye. Mayor Burk: Opposed?That passes 7-0 Brian Boucher: Thank you, Council Mayor Burk: Now, we have a third public hearing Third public hearing is I called to order this November 29'^public heanng at Leesburg Town Council I have to read all this even though I've already read it three times? Chris Spero: That's been your practice, Mayor Mayor Burk: Unless there's an objection, I will dispense with the reading of the advertisement If you wish to speak,we ask that you either sign upon the sheet in the hallway outside of Council Chambers, but if you did not get the opportunity to sign up,we will give you an opportunity to speak In the interest of fairness, we also ask that you observe the five-minute time limit The green light in front of you will turn 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 lime is expired Under the rules of orders adopted by this Council, the five-minute time limit applies to all citizens However, rather than have numerous citizens present remarks on behalf of the group, the Council will allow a spokesperson for the group a few extra minutes In that instance,we would ask speakers when they sign up to indicate their status as spokesperson, the group they represent. and their request for additional time Our procedure for the public hearing is as follows First,there's a brief presentation by staff on the item before us Second, members of the public that have signed up to speak will be called and given five minutes to make their comments The public hearing item on the agenda tonight is for TLOA-2021-0012, Homestay Regulations Mike Watkins: Madam Mayor, Members of Council, good evening Again,this is a text amendment amending the Homestay Regulations On October 26t^,2021, Council directed staff to initiate amendments to the Homestay Use standards to do two things One,evaluate the residence requirement, and then two, look at the use of accessory structures Our homestay regulations were enacted in October of 2020 We created a new section for the homestays Briefly,we included standards,that requires a registry requires residency by an owner An authorized agent is required, limits short-term rental to six persons. requires off-street parking It's subject to yearly registration and excludes the use of accessory structures The Planning Commission's recommendation,while they had their public hearing on August 41^, 2022 They recommended approval on October 6! of this year by a vote of 5-1-1 The Commission's recommendations included the following, retain the residency requirement, require specific response time for complaints, relocate the resident's vehicles when the house is used as a whole-house Page 19(November 29, 2022 homestay, amend the application form to include a recommendation for notices to neighbors, and evaluate guest passes in the residential parking program specific to homestays The proposed amendments The first item is the residency requirement The draft ordinance maintains the residency requirement It extends the number of days from 180 to 185, which is in line with otherlunsdictions It includes the State Code limitations that specify that no more than 30 consecutive days constitutes a single stay It excludes the use of affordable dwelling units, and establishes a number, a limitation of one homestay per lot Parking spaces There are three categories that we created for parking One is for the whole house,which requires no additional parking, however,the resident must remove their personal vehicles from the property Secondly,when off-street parking is required for single rooms or basements, and the accessory structure On-street parking for a whole house in the Old and Historic District can be used to satisfy the parking requirements. Again, this is limited The principal dwelling must have had established lawfully this parking allowance In limited instances, there are a handful of homes that you'll find in the Historic District where there is no on-lot parking It's satisfied with the on-street parking Again, that's memorialized with the Zoning permit Then lastly, it allows the Zoning Administrator to modify our way of parking due to extraordinary situations or conditions Following upon your last conversation. ordinances can't capture everything, so it's in those rare instances, much like the variance process where you're looking for extraordinary circumstances to look at exceptions This ordinance allows the use of accessory structures Then lastly,the use of a minor special exception process when you can't meet all the applicable standards, you can ask for that minor special exception The staff recommendation Again,staff does not recommend eliminating the residence requirement For these reasons, one, it provides appropriate oversight of the homestay use Secondly it establishes pride and ownership on the property Then lastly, it maintains residential uses in neighborhoods as principal use while permitting the complimentary homestay use as an accessory use Staff recommends, including the use of accessory structures and then lastly, although the ordinance was limited to two primary reasons,we found some technical amendments to include In the ordinance, and we ask for your approval of those We got two or three motions for you to consider, and I'm happy to answer any questions you have Mayor Burk:Any questions at this point? Council Member Cummings:Yes,thank you I lust had a few, try to make them in some sort of order, but I wrote them and not in a certain order I apologize There's a initial permit required for a homestay That is the cost? Mike Watkins: The cost for a homestay, it's our home occupation permit fee, and I believe its$40 Council Member Cummings:Then each year after you don't-- Mike Watkins:We're essentially re-registering the use Council Member Cummings:Are you paying that$409 I didn't think so Thank you keeping with money, do other municipalities and localities that you looked at while you were crafting the ordinance use any taxing authority similar to how we tax, the bed tax at hotels? Mike Watkins:The TOT or transit occupancy tax? Council Member Cummings:Yes Mike Watkins:Yes Council Member Cummings:Are we talking about including that in our homestay ordinance or no? Page 20I November 29, 2022 Mike Watkins: That's going to be in the Town Code When it comes to finance,we don't typically put that in the ordinance If there are any applicable taxes or levees that the Town has, we would use the Town Code to levy those taxes Council Member Cummings: Perfect How do we track the 185 days that of someone living at a home? Mike Watkins: It's not tracked, meaning that we don't have a Zoning Inspector parked in a vehicle, tracking your comings and goings Your signature on the application form and your proof of residency essentially establishes the requirement Then upon notification that the resident is not there for those days, then we take the necessary means to ascertain how often they are there or aren't there Council Member Cummings: The 24-to 48-hour response window required by either the owner or an--what is the wording? Mike Watkins: Authorized-- Council Member Cummings:Authorized agent What constitutes a response? Mike Watkins: If one myself or one of my staff members calls the authorized agent and we're unable to get a hold of them,that would be a non-response Council Member Cummings:What if they call back on a Sunday?You all aren't here, they leave a voicemail Is that a response? Mike Watkins: It could be considered that Council Member Cummings: I should have asked this question first, but that's all right What do we consider an authorized agent? Mike Watkins: You're designating somebody that is responsible for responding upon your behalf Council Member Cummings: There's no-- Mike Watkins: No licensing, registration You're designating an individual to operate on your behalf Council Member Cummings: Do we require that individual to have some sort of legal representation with the property or-- Mike Watkins: No, sir It's essentially if you and Council Member Steinberg, if you designated him your authorized agent, its Just your blessing Council Member Cummings: Sorry, I Just want to make sure-- My last question When we file the initial permit, does it include a description or a layout of what the parking would be for that homestay? Mike Watkins:There's an exhibit that's required, and then we actually inspect the properly with the intial permit to ensure that all the use standards have been complied with Council Member Cummings:Thank you Mike Watkins:You're welcome Council Member Nacy. Thank you Sorry, he may have asked this and I was zoned out for a minute [laughs] That do we require for proof of residency? How would someone prove? Mike Watkins:An official government document It could be a voter registration card, a driver's license Page 211 November 29, 2022 Council Member Nacy: Okay Mayor Burk: If they're here for less than 185 days,they don't pay taxes here, right? I don't want to interrupt I was just trying to-- Mike Watkins: I don't know that I can answer that question about paying taxes If you established-- Mayor Burk: Because you determine your primary residence, and you have to stay in that state for a certain period of time, which is six months and one day After the six months and one day,then you stay there That's your primary residence, that's where you pay taxes Then you come up here, you do not claim the taxes that are required up here because your residence is actually down there Mike Watkins: The permanent owner is what you're filing with the County to establish the ownership of the property If you're living a portion of the year away, that doesn't excuse you from paying taxes, you're still the owner of record responsible for any taxes Mayor Burk: Sorry, I didn't mean to-- Council Member Nacy: No,you're good How will we address the 21 Airbnb's that already exist in Leesburg when this ordinance goes into effect? Mike Watkins: Luckily,we have eight that have registered In 2021,we had three registered homestays Then this year we have five registrations Then as far as the practice of enforcement when text amendments are initiated,we stay enforcement until the regulations have been vetted Then just like any new ordinance that create,we'll do an education and an outreach program There's still that time period Typically it's 90 days until we start enforcement, and it gives us an opportunity to educate the public Council Member Nacy:Just cunous because there are a few that will cross over into the line of auuessory dwelling unit, so it's going to be interesting Then I think you answered the question about authorized agent already that I had I think that's it Council Member Bagdasarian: Thank you, Mr Watkins Just a few questions As a frequent user of homestays,just was in Scotland at a Airbnb which was fantastic, I'm very curious to hear Ms Enckson's thoughts on homestays and the impact in Loudoun County, because typically they're located in tourist or commercial destinations as an alternative to hotels Someone that might frequent an area more regularly might benefit from that I'd look forward to hearing the state of homestays in Loudoun County, because typically they're Airbnb, VRBOs Typically when they're in a destination like Leesburg, like the Historic District, they're not in single-family homes They're more condominiums,where the condominium is purely a rental It's for that There is no residency involved Currently we don't really have a large cache of condominiums in Leesburg, but if we did, one would not be able to purchase a condominium and rent that specifically for homestay, is that correct? Mike Watkins: Correct Council Member Bagdasarian: Thank you Mayor Burk: Thank you Anyone else at this point? Erickson,would you mind--Thank you, Mr Watkins Would you mind sharing what you have observed or-- Beth Erickson: Good evening It would be my pleasure I think that when you look at short-term residential rentals,there's a couple of ways that I know the County has looked at it and certainly looking at really the state of what short-term residential rentals look like in the County I think one of the key points is looking at the County is looking at it through two different lenses, one of which is short-term rental residential accessory, and then short-term commercial whole-house rental, short- term being less than those 30 days That's really the approach that they've taken, and I'm going to dive into that in just a moment Page 221 November 29, 2022 When you talk about it from an ecosystem standpoint,which is, I think, what you were looking at, I think what's important when we think about short-term residential rentals is just as some visitors want to stay in a Marriott or a Hilton, some are going to want to stay in a short-term residential rental, some are going to want to stay in a traditional BnB It's become part of the norm of the ecosystem I think that ensuring that these businesses can be successful and will work,and fit within each municipality is very important, because it needs to fit within the Town of Leesburg I think you're going about this in a really thoughtful measured way,and everything that I've seen tells me that you are heading in that direction That is really important We did a study, it was a 20 month's study which ended in December 2020, to take a look at what was happening within the short-term residential rental market in Loudoun County What I can tell you at that time is we had about 685 units Less than 25% had actually taken the time to register I think that is as you continue to go through the ordinance process,that's a way to help bring people into registration I think that's an important question What we found is that the majority of them were single-family homes,were whole-house rentals A lot of that product also included things that were unusual types of properties They may have only occupied a certain number of people in a small area. It really was looking at it was a whole house rental,so the largest concentration of short-term residential rentals within the County were in the east Leesburg did have a good portion, and I don't know the number right off the top of my head back in 2020, but I would say somewhere around 50 or 60 units It will only continue to grow, and I think that is something that will remain a challenge within municipalities on how to work through enforcement and having clear, defined phone numbers for people to call, avenues for people to ask questions or to say that they're seeing something that they may not necessarily want to have right next door to them Having that information available, I think, is very important Where the County ended up is, again,they divided it between the accessory use to the principal dwelling, and then a commercial whole-house rental The short-term rental residential accessory is defined really as four rooms and up to eight guests You goys-are at six It does have the residency requirement of 185 days per year Parking, if it is four or fewer, had one off-street,five or up to eight were two off-street That information, I think, is important for your discussion. Commercial whole-house rentals and the way that that was looking is that had no occupancy, no residential requirement Six or more guests,you had to have five acres to have a commercial whole-house rental Again, it was looking at a larger parcel size than what I think you all are looking here in Leesburg Parking, again, in that instance was two per dwelling unit or one per bedroom, whichever was greater You could have a maximum of 5 bedrooms, 10 per unit One of the things that I also wanted to touch on, Council Member Cummings,that you mentioned, is looking at, again, about some of those enforcement opportunities There are third party basically,you can call them They scrape the data because any of the,whether it's VRBO. Airbnb, they are all data-driven While they have the data, you can also get it through other measures The group that we worked with to do the study was Host Compliance They're now Granicus There are others that have entered the market There are municipalities that are entering into agreements with some of these third-party operators to really take a look at everything from registration, occupancy, how often those units are being used,which gets to that 185 days number of parties, members in the parties, and even going so far as tax collection There are opportunities out there for the ability to use some of the incremental transient occupancy tax, which again,we hope that they will all be paying to help sometimes with some of the municipalities looking at some of those compliance issues That gives you at least hopefully a little bit of additional information into the short-term residential rental market and the opportunities I'm happy to answer any questions that you may have Mayor Burk: Any, Mr Bagdasanan'+ Council Member Bagdasarian: Of course, I do now Thank you very much, Beth Appreciate it Page 231 November 29, 2022 Mayor Burk: They call you Mr Travel Council Member Bagdasarian: Mr Travel Beth Erickson: Mr Travel Council Member Bagdasarian:Yes Mr Airbnb, no Beth Erickson: For that we thank you Council Member Bagdasarian:Yes Its a good thing Actually, I'm headed to Boston tomorrow morning At a hotel though Based on the research,what are the issues and concerns that have been reported and experienced other than not registering and being in compliance for having a homestay? Beth Erickson:Wthm Loudoun County? Council Member Bagdasarian:Within Loudoun County Beth Erickson: It's been very similar to what you are expenencing here Where they are in the process is the ordinance will be going before the-- it just passed through the Planning Commission in October It's going December 14'"for a public hearing at the Board of Supervisors What were watching is the evolution of those draft ordinances becoming real What I can tell you is that over the last five years that we've been working on this,we've had work groups that have included short-term residential rental hosts,traditional BnBs, hoteliers who have really been working on this issue We've been doing focus groups just trying to try to pull as much information to be as helpful as possible in the process We've shared that information with County We've shared that some of that information with the Town We hope that were going to end up on a good side after December 14'h We've also been able to watch. I think you saw that in some of the materials that staff had presented There have been municipalities that have been challenged by Airbnb on their Zoning Ordinances to see whether or not they've held I will tell you what I've seen coming out Fairfax was challenged and Fairfax was upheld I think that you're heading into that territory that that should hold Again, I am certainly not a lawyer, sir Council Member Bagdasarian: It's certainly, with your apps like Airbnb, VRBO,where you have individuals renting out their own home, similar to ride share,the challenges with ndeshanng with Uber and Lyft disrupting the whole taxi industry but dealing with those issues With regards to the issues, have there been disruptions of neighborhoods? Have there been complaints in neighborhoods for houses that have been used for short-term rental?That's where I'm trying to-- Beth Erickson: I think that probably County staff would be better able to answer that than I would be What I can say is through the Planning Commission hearings that I've been to where members of the short-term residential rental economy have come up and spoken,they want to be good neighbors, and they want to be able to operate in a way that will not cause friction because it's their business I've not heard a tremendous amount of pushback from the draft ordinance language that I've seen That's not to say that they may not come out on December 141"and have any issues with it Council Member Bagdasarian: Then the last thing, going back to the residency requirement, like I mentioned with just my personal experience at Airbnbs and VRBO, and everything, they're typically not occupied by the resident They're typically strictly condos that are strictly used for rental-- Beth Erickson: Commercial whole-house Council Member Bagdasarian: Exactly Do any jurisdictions that you're aware of in Virginia allow non-residency, or they don't have a residency requirement? Beth Erickson:The County is looking at that, but you have to have--if you are looking to have six or more guests.you have to have five acres Page 241 November 29, 2022 Council Member Bagdasarian: Got it Thank you Beth Erickson: Certainly Mayor Burk: Mr Martinez Did you want to ask--did you have anything of Ms Erickson' Vice Mayor Martinez:Yes, I did Beth Erickson: Yes, sir Vice Mayor Martinez: She's always doubting me lately Question I have,you mentioned two organizations, VRBO and Airbnb What I wanted to make sure of is that if I wanted to register my home, I can do with both organizations, correct? Beth Erickson: Correct Vice Mayor Martinez: When we talk about data and all that,we need to make sure that we don't count a residence twice on some of the data that you-- Beth Erickson: If you're looking at that third party compliance, it is done through tax ID number They're aggregating multiple platforms coming in for that information and then they will go through and make sure Vice Mayor Martinez: You said there were more organizations coming up' Beth Erickson: I'm sorry, sir" Vice Mayor Martinez: More companies that are promoting the homestay Beth Erickson: I think it will continue to be in a community or an industry in evolution Absolutely Vice Mayor Martinez: My concern is the competitiveness and what's going to happen when-- it'll probably be great for the consumer, but how are we as a locality going to deal with multiple? Beth Erickson: I think that part of what the members of staff had talked about is really helping to educate the hosts that are coming online and they're registering, which I think is important The last dem that I do also believe is important is that the State took action starting October 1s'to allow third- party operators like Airbnb and VRBO to pay that transient occupancy tax directly to the municipalities One of the aspects, very important part of that aspect, is asking for regular reporting from those third- party operators just as hotels provide that information The hope is that we will get to a point where we are receiving, municipalities are receiving on a regular basis registrations or reports of any of the short-term residential rental operators within those municipalities so that you can shore that up I think that that is going to be something that I really hope that the State takes action to hold them accountable to deliver Mayor Burk: Mr Cummings' Council Member Cummings: Just one quick question In your interaction with our hotel owners and folks, are they seeing a huge impact from the homestays, or are they comfortable with where the market is? Because obviously a lot of your funding comes from that transit occupancy tax, and we need to make sure we continue to bring that in Beth Erickson: Hopefully that residential homestays will also be paying their transient occupancy tax What I think is important as we take a look at this is that hotels have been a part of this discussion and I think in the early days when we first started discussing this in 2015 or 2017, I think you saw Page 25r November 29, 2022 some hesitancy corning from the hotels but as the years have passed, we recognize that again,this is a part of that ecosystem They recognize that and they see it I have not seen a direct correlation between the number-- because at one time, I could tell you that 10%of, or that the number of rooms that were in inventory and short-term residential rentals would've comprised 10% of our total hotel occupancy That was something to pay attention to I've not really seen it impact our hotels at this point Mayor Burk: Mr Steinberg [clears throat] Excuse me Council Member Steinberg: Thanks Can you go back over the parking requirements that the County was looking at? Beth Erickson: Wouldn't you know that I turned that page over Let me get that right back in front of me Yes, sir For short-term rental residential accessory, and that again, has that 185 days, so it has that residency Parking, if you are looking for four or less occupants, in other words, if you could accommodate four or less occupants, which would be one or two rooms, you would have one off- street parking spot More than four, so five to eight, would require two off-street parking spots Then are you interested in the information for the commercial whole-house rental as well?Again,that was looking at 5 bedrooms up to 10 occupants per unit, and it was 2 per dwelling unit or 1 per bedroom,whichever was greater Again,that one required, if you had six or more guests,five acres Council Member Steinberg: I suspect this next question is in your field of expertise, but can't we assume then in the same way as the State's all caught up to sales tax across the Internet that everybody uses,that at some point we will also catch up to this particular revenue stream as well? Is that a Federal or a State-level situation? Beth Erickson: It's State In transient, occupancy tax is actually a hyper-local level That is right at the municipality Council Member Steinberg: I understand Beth Erickson: The new legislation that went into effect October 1, allowed for third-party operators to collect and remit that on behalf of the hosts Council Member Steinberg:As opposed to making the host responsible for it themselves The presumption is that would be a tidier way of accomplishing that? Beth Erickson: That is, I believe, the hope with the legislation Again, I will say that our concern has been and will continue to be transparency in data Understanding who's operating where Council Member Steinberg: I don't know if this is a question for you or somebody else in the room Maybe nobody has answered Is it unreasonable to think that as our IT improves,that we can't create a database that's going to track property sales and title transfers so that we will be better aware of residency requirements as they relate to various properties? If a property goes from John Smith to XYZ Corporation,wouldn't that necessarily raise some kind of flag that we might want to--? Mike Watkins:As far as tracking the homestays,that's why we had the re-registration on annual basis If you're talking about lust talking about-- Council Member Steinberg: Talking ownership of the property itself Mike Watkins:Again,with the annual re-registration, we will look at ownership Council Member Steinberg: Wth the registration That ownership relates back to titles and so on I'll reserve everything else until the motion Thanks Page 261 November 29, 2022 Mayor Burk: During the conversation between these two different things, the one thing that keeps coming back to me that I'm the most concerned about is the impact to the residents that live there now We stated that these are going to be older neighborhoods These are gonna be people that live here now I don't want the quality of life in those neighborhoods to be impacted because they don't have HOAs and so they don't have anybody regulating this Whatever we do tonight, I want everyone to think about what the impact would be if you lived in one of those older neighborhoods and now someone is either doing, the accessory dwelling, that's done, but somebody's doing a short-term rental in your neighborhood What are the implications for you? Because those are the people that we're representing Mr Cummings, you had another question? Council Member Cummings: I just have one more quick question and I apologize For staff, listening to the County,what they're discussing for parking mandates for their homestays and what were doing, it seems pretty similar The one area though,where I have concern, and my concern might just be pure confusion and ignorance, is the H1 overlay and a home that maybe has an opportunity to have one of these permitted homestays, but their parking is a little trickier because it's in a Historic District Can you walk me through what the current language lays out for a property owner in the Historic District? Mike Watkins: Absolutely In the Historic District, you're going to have very few homes that were lawfully created without any on-lot parking Its only in those rare instances where when the principal dwelling was established with on-street parking only, they only would be eligible for a homestay with the satisfaction of the guest pass Even in the downtown with the residential parking program that we have now, each resident is entitled to guest passes That's tracked and monitored Council Member Cummings:The staff see any concern with that guest pass process and--7 Mike Watkins: I think the Planning Commission's recommendation to Council was maybe looking at just the overall operation of guest passes In terms of the opportunities for this allowance, it's going to be very limited. Council Member Cummings: Ok, thanks Mayor Burk: Bagdasanan? Council Member Bagdasarian: One last thing I live next to a hamestay, so I experience it I think to your point, Mayor Burk, I agree There has to be, and I'm pretty sure there is in here, a mechanism to address problematic homestays If there are issues, residents should have a clear channel to convey concerns or problematic issues Mike Watkins:The ordinances written basically operates on the three strikes and you lose your permit Three verified Zoning complaints, you lose your permit Then if your authorized agent fails to respond at least twice,that's grounds for revocation as well Council Member Bagdasarian:Thank you Mayor Burk.All right The only thing I will conclude with is your pant is well taken, except that we don't want residents to have to be in a position where they have to be calling and complaining all the time Most certainly having a recourse is very important Any other questions? Does anybody have a motion they would like to make?Oh, public hearing That's right It's been so long, I forgot That's where we are Is there anybody in the public that would like to speak? I see none Therefore no one coming forward, 1 would close this public hearing Is there a motion that anybody would like to make at this point? One up there. Council Member Bagdasanan:What was I thinking? I move to approve Zoning Ordinance amendment TLOA-2021-0012 revising the various sections of Zoning Act Article 9, Use Regulations based on the findings that the amendments further objectives of the Town Plan, and that the proposal would serve the public necessity, convenience, general welfare, and good zoning practice Page 271 November 29, 2022 Mayor Burk: Is there a second? Seconded by Council member Nacy Any additional questions? Mr Cummings? Council Member Cummings:Thanks Sorry I would ask to amend the motion to stnke the residency requirement from the motion Mayor Burk:Are you asking if that's a friendly amendment? Council Member Cummings: It can be friendly or we can just do a roll call Mayor Burk: Got to decide which one you want Is it a friendly amendment first? Council Member Cummings: Let's try friendly first, I guess Mayor Burk: Bagdasanan, would you accept that? Council Member Bagdasarian: I would accept that Mayor Burt Council Member Nacy,would you accept that?All right Then we have strike the residence requirement, and I, at this point will no longer be able to support this I think that that's a dangerous step were taking Other localities have already been through this They have continued to use the residence requirement I think that's a road that I think we are going to end up regretting Anyway, Mr Steinberg Council Member Steinberg: Ina couple comments specifically relating to that We've had any number of discussions about affordable housing, and of course, it's a really difficult topic for all of us We don't need more examples We know exactly what's going on in various parts of the country where large swaths of real estate are being purchased by large-scale investors,which is driving up the cost of housing, not only for people to buy but for rentals It often results in poor management practices and high fees for renters who are not seeing satisfactory management by absentee landlords For me to remove the residency requirement is a non-starter I can't support this in any form or fashion with that removed when we keep having conversations about affordable housing, because this will not do anything but start to drive the cost of our rentals up It occurred to me in part of the conversation, you have resort areas like Vail for example, or others of that nature They are set up for rental units They are designed and built for exactly that They know exactly how many people they're going to have more or less on any given day, on the streets In fact, property owners are oftentimes not only encouraged,they are required to rent these units through outside users because that's the economic driver for that particular area I think we need to be very careful that we don't simply try to mirror either othertunsdictions or a model like that because it doesn't accurately reflect who we are I am not as a matter of core simply, I'm not opposed to short- term rentals, but I think we have to be very careful about how we go about it There are more than enough examples of disastrous stays not only for the property owner but for the renters themselves, and certainly for the neighborhood I just think we want to be very careful I have a problem also with, again,the minor special exception If we lay down the rules clearly enough, everybody should be well aware There are simply going to be areas where there shouldn't be short-term rentals If we write it concisely, and I recognize that there can be circumstances that arise in that case,then we need to revisit it To do it up front for me is not good planning I think that's it Thanks Mayor Burk: Good point Mr Cummings.you've already spoken Council Member Cummings: Can I get one more? Page 281 November 29,2022 Mayor Burk: No [laughs] Lets lake the vote Homestay regulations The motion is passed with the addition of the friendly amendment that was accepted Is there additions that you are planning to add? Is there another amendment you wanted to add? Bagdasanan? Council Member Bagdasarian: This does not pass, is there an opportunity to-- Mayor Burt Yes Then you go back to the old way All in favor indicate by saying aye Members:Aye Mayor Burt That's Ms Nacy, Mr Bagdasanan, Ms Fox,and Mr Cummings This passes with the amendment since it was friendly We are done with unfinished business Council disclosures and comments Ms Fox? Chris Spero: What was the final vote? Mayor Burk: It was 4-3 Do you need the names? Ok Fox, Mr Steinberg, Mr Cummings, Mr Martinez, Mr Bagdasanan, and Ms Nacy I have none This now will take us to our closed session I am going to ask that we move to the meeting room outside the Chamber I will move pursuant to section 2 2-3711(A)(1)of the Code of Virginia that the Leesburg Town Council convene in closed meeting for the purpose of discussing the annual performance of the Town Attorney, and 1 move pursuant to section 2 2-3711(A)(1)of the Code of Virginia that Leesburg Town Council convene in closed meeting for the purpose of discussing the annual performance of the Town Manager Vice Mayor Martinez: Madam Mayor Mayor Burk:Yes, sir? Vice Mayor Martinez: According to the agenda, you missed the Town Manager's comments [laughter] Mayor Burk:All in favor of the closed session Council Member Nacy All in favor indicate by saying aye Multiple: Aye Mayor Burk: No? I will give us five minutes to head into the other chamber, and we will have the Town Attorneys performance first [Council went into Closed Session from 8:41 p.m.—9:27 p.m.] Mayor Burk: 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, that only public business matters lawfully exempted from the open meeting 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 Ms Fox? Does this apply to both of them because we went int together Ok Miss Fox? Council Member Fox:Aye Mayor Burk: Mr Steinberg? Council Member Steinberg: Aye Mayor Burk: Mr Cummings? Page 291 November 29, 2022 Council Member Zach Cummings: Yes Mayor Burk: Mr Martinez? Vice Mayor Fernando"Marty" Martinez: Aye Mayor Burk: Mr Bagdasanan? Council Member Ara Bagdasarian:Aye Mayor Burk: Ms Nacy? Council Member Kari Nacy:Aye Mayor Burk:And Ms Burk, aye Alright, is there a motion to adjourn? Council Member Bagdasarian: So moved Mayor Burk: Moved by Council Member Bagdasanan, seconded by Council Member Cummings? Who was the second Steinberg All in favor indicate by saying aye Members:Aye Mayor Burk: Opposed?Ok Page 301 November 29, 2022