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HomeMy Public PortalAbout2023_tcwsmin0424Council Work Session April 24, 2023 Council Chamber, 25 West Market Street, Leesburg, Virginia, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Zach Cummings, Kari Nacy, Vice Mayor Neil Steinberg, Patrick Wilt, and Mayor Kelly Burk. Council Members Absent: Todd Cimino -Johnson. Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Economic Development Director Russell Seymour, Zoning Administrator Michael Watkins, Small Business Development and Tourism Specialist Allison Wood, and Clerk of Council Eileen Boeing. Minutes prepared by Deputy Clerk of Council Corina Alvarez. AGENDA ITEMS a. Item for Discussion a. Initiation of a Zoning Ordinance Amendment to Revise the Maximum Number of Rooms for an Inn Mr. Watkins provided information on the zoning ordinance section related to commercial inns, the maximum allowable number of rooms, and a comparison of lodging uses. Council and staff discussed the item. It was the consensus of Council not to initiate a zoning ordinance amendment revising the maximum number of rooms for an inn. b. Virginia Main Street Quarterly Update Ms. Wood provided Council with a quarterly update for the Main Street Program. Council and staff discussed the item. c. Define the Downtown Footprint for Marketing Purposes Mr. Seymour gave a presentation on the four districts that comprise the Downtown and staff's proposed marketing footprint. Council and staff discussed the item. It was the consensus of Council to have staff prepare a resolution for Council to endorse the marketing area. b. Additions to Future Council Meetings Council Member Bagdasarian requested a work session discussion with Public Works staff regarding the intersection of Route 7's off ramp and Clubhouse Drive. It was the consensus of Council to add this item to a future work session for discussion. Mayor Burk requested a proclamation for National Drinking Water Week to be approved and presented at the April 25, 2023, Council meeting. It was the consensus of Council to add this item to the April 25, 2023, Council meeting. 11Page Council Work Session April 24, 2023 Mayor Burk requested a work session discussion on the proclamation process. It was the consensus of Council to add this item to a future work session for discussion. c. Closed Session a. Pending Annexation with respect to the Joint Land Management Area (JLMA) MOTION 2023-084 On a motion by Mayor Burk, seconded by Vice Mayor Steinberg, the following was proposed: I move pursuant to Va. Code Section § 2.2-3711(A)(8) and § 2.2-3711(A)(3) of the Code of Virginia that the Leesburg Town Council convene in a closed meeting for the purpose of consultation with legal counsel and briefings by staff members regarding specific legal matters related to the annexation in the JLMA where such consultation in open session would adversely affect the negotiating or litigating posture of the Town. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 6-0-1 (Cimino -Johnson absent) Council convened in a closed session at 7:48 p.m. Council convened in an open session at 8:37 p.m. MOTION 2023-085 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 of Information Act and such public business matters for the purpose identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. (ROLL CALL VOTE) Bagdasarian — aye, Cummings — aye, Vice Mayor Steinberg — aye, Nacy — aye, Wilt — aye, Mayor Burk — aye. Vote 6-0-1 (Cimino -Johnson absent) d. Adjournment On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the meeting was adjourned at 8:38 p. m. Clerk of Council 2023_tcwsmin0424 21Page April 24, 2023 — Town Council Work Session (Note: This is a transcript prepared by Town staff based on the video of the meeting. It may not be entirely accurate. For greater accuracy, we encourage you to review the video of the meeting that is on the Town's Web site — www.leesburgva.gov or refer to the approved Council meeting minutes. Council meeting videos are retained for three calendar years after a meeting per Library of Virginia Records Retention guidelines.) Mayor Kelly Burk: Let me call tonight's meeting of April 24, 2023, the Town Council Work session. Our first item for discussion tonight is the Initiation of the Zoning Ordinance Amendment to Revise a Maximum Number of Rooms for an Inn. Michael Watkins: Madam Mayor, members of Council, a very good Monday evening to you. As stated, this is a potential text amendment. The purpose of this discussion this evening is to discuss a potential amendment. There is a section on the zoning ordinance allows Council to initiate amendments. On February 13 of this year, Council requested a work session to discuss this topic. Of note, there is a property owner of interest at 208 South King Street, I'm sure you're fully aware, looking at a potential boutique hotel located within Historic District. My presentation is going to focus on what we have in the ordinance currently. The zoning ordinance definition for Commercial Inn has a limitation on the number of rooms, and that's 15 guest rooms. In addition, commercial inns can have other accessory commercial uses, such as business meetings, seminars, receptions, or similar events. There are a number of districts in which a commercial inn is permitted. To give you a comparison of similar uses that we have in the ordinance, there's a hierarchy or intensity of the uses. This would start as simple as a homestay, which could be a single room or a whole house, a bed and breakfast, which would be a resident manager and have five or fewer guests. A commercial inn, again, 15 rooms. A hotel, there's no minimum, no maximum number rooms, and they may include other complimentary uses. A motel, and the difference between a motel and a hotel is at the rooms are accessed from the outside, at least a percentage of them. Then obviously, the most intense use is a conference center. I have an asterisk here. I'll note that boutique hotel is not a common land use term. I have an asterisk because I did recently find an example of locality who did recently speak to this. As you'll note, the variety and intensity of these uses are well represented in all of our district's. Residential, where you have the homestay all the way to the conference center, which was in our B491. As I noted earlier, I have made comparisons to other jurisdictions. In terms of diversity of the use types, there are few to very many. Diversity of review, there are jurisdictions that allow this by right, and those require special exception, then also diversity in the permitted districts. This would be planned zoning districts, Euclidian B1, B4, and special purpose, which would be like an overlay district. Just to note, a few localities that we looked at somewhat similar is Loudoun County. Loudoun County has a Country Inn. The significant difference between our Commercial Inn and the Country Inn is the use is primarily located in the agricultural, residential districts and countryside, residential districts. They're limited to 40 rooms. You can get a special exception for more, but they're located on 20 acres, so in terms of the intensity of the use, it can be ameliorated based on the acreage of the property. The one jurisdiction I did find that spoke directly to Boutique Hotel was the Town of Yorktown in New York. They discussed the topic in 2022. It includes a maximum of 25 rooms, but it also requires a special use permit. Page 1 1 April 24, 2023 Then I think you've seen images of boutique hotels in Charleston, South Carolina. Here, hotel, motel, and inn are all the same use. If you open up their zoning ordinance, you're going to find that hotel, motel, inn are all generally categorized as the same use. These uses are permitted in an accommodations overlay district. The staffs recommendation is outlined in the staff report or your memo. We're not recommending changes to the zoning ordinance. Our findings are based on this, the Town Plan policy supports hotel use in the Downtown. We have diversity and transit use types already in the ordinance as I've outlined earlier. They range from the homestay use all the way to the conference center. We have that spectrum of potential lodging uses. Diversity and permissible districts. Again, you can find some of the lesser intense uses in our residential districts all the way up to most intensive districts in our most intensive uses. Also, the sensitivity of the Downtown District, primarily the reason why it's a special exception now is that we want to carefully evaluate the use and intensity as it relates to other uses in the Historic District. There are a couple of draft motions and I'm happy to answer any questions that you may have. Mayor Burk: All right. Thank you. Mr. Cummings? Council Member Zach Cummings: Two quick questions. Now that he said that, I'm going to ask like six. How many applications have you seen come before you or staff for the B1 for a hotel first to go through the special exception process? Michael Watkins: I've been in the town for 15 years and I've not seen a single application. Council Member Cummings: The current language says 15-- I'm just trying to go back to it. For an inn, it says 15 guest rooms without cooking facilities. How did the Town-- I know you weren't here when this was written, but this has been my biggest question is how did we come up with 15? Have we been able to historically find out where 15 came from? Michael Watkins: I can speculate that we wanted to provide a diversity in the lodging opportunity. Like those slideshows, we have something less intense as a homestay versus a conference center. We wanted to provide that lesser intense use without specific scrutiny, in terms of its potential impact on adjacent uses. My guess, my speculation, not having known the exact reason why, again, we wanted to provide that diversity and lodging type and opportunity. Council Member Cummings: All right. Thanks. Mayor Burk: Ms. Nacy? Bagdasarian? Council Member Ara Bagdasarian: If you wouldn't mind just clarifying the differences between a hotel and a commercial inn. Is it just the cooking facilities? Is that the only difference? Michael Watkins: The number of rooms and how the use is evaluated. That's the most significant difference between the two. Council Member Bagdasarian: What was the old Leesburg -- was it an inn or hotel where the Courthouse is currently -- the expansion? Michael Watkins: That predates our very first zoning ordinance. I would speculate that it would've been evaluated based on the definition of a hotel. Even with the earliest zoning ordinance that we had, there was something that was referred to as a boarding house. I'm not even going to hazard to guess how that was interpreted because that use is pretty much gone away. It's even included as a prohibit use today. In terms of how it would be evaluated, my guess, it was permitted not that there were permits back then as a hotel. Page 2 1 April 24, 2023 Council Member Bagdasarian: What would be the concerns if we -- because I know -- How many rooms did that hotel have or the inn, the old Leesburg Hotel? Michael Watkins: The number escapes me. It was in the staff report, and I want to say it was over 40 rooms. Council Member Bagdasarian: Which is the current allowed number of rooms in the County, correct, for inns? Michael Watkins: Inn in the County, yes, sir. However, it wouldn't have met the acreage requirement. Council Member Bagdasarian: But it had over 40 rooms? Okay, that's good to know. All right. Thank you very much. Michael Watkins: You're welcome. Mayor Burk: Mr. Wilt? Council Member Patrick Wilt: Thank you, Mike. First, I want to inquire about the mention of preserving diversity in the category. I'm not sure in zoning practice, how does that happen? If somebody wants to build something and if we don't define number of rooms at all, if somebody wants to build something with 60 rooms. They do it if somebody else is interested in building 10 rooms, they do it. If nobody wants to build 10 rooms, they don't get diversity at all. How does simply just categorizing them foster diversity in this regard? Michael Watkins: I'm going to answer the first part of your question by saying that there's a section of the ordinance that addresses unlisted uses. The first thing that the zoning administrator needs to do in evaluating a request is look at anything that would be an obstacle or hurdle or a regulation that would affect the use. In this particular instance, we do have a limitation of 15 rooms for the commercial end use. In terms of evaluating the changes, that's your legislative discretion. In terms of justifying diversity in the unit type based on that particular number at the time the ordinance was written, it included a limitation of 15 rooms. That's my job to interpret today is that if somebody were to come and say, "Well, Mr. Zoning Administrator, I want to do 17 rooms," I would tell them "Unfortunately we do have a current restriction." Council Member Wilt: Then, for example, the hotel -motel category. We don't specify the number of rooms at all. Michael Watkins: No, we don't. Council Member Wilt: Why is that? Michael Watkins: Again, I think it could be for a number of reasons. Where you find this as a permitted use by right is mainly in our commercial districts where you don't have the integration of residential and commercial uses. That might be one distinction. It could be that at the time that we codified the ordinance in 2003, the Council, as advised by staff, did not recommend a limitation on the number of rooms. Council Member Wilt: Intrinsically, another use in this district, if somebody wanted to build an office building that's a by right use, and we control things in some manner by the height of the building is controlled. There are setbacks so you can only use a certain footprint on the property. Parking is defined, so part of the property use has to be devoted. This structure can only be of a certain size for Page 3 1 April 24, 2023 an office building, right? We don't define the number of rooms for an office building. That is not a useful criteria to specify, I take it. Michael Watkins: Correct, nor do we currently restrict the floor area ratio or how intense the cumulative square footage of the building is. The driving factor there currently is parking. Council Member Wilt: In this case, we don't find it valuable to specify number of rooms for a hotel or motel, and we don't find it valuable for the use of an office building in this. What is the intrinsic value for this commercial inn in adding this extra layer of specification for the number of rooms? Let's say public value. Michael Watkins: Yes. I can speculate that it was based on the intensity use. I can speculate on the fact that in the Historic District, the limitation is there to address the intensity use next to existing residential. There's a wide variety of adjacent uses in the Historic District. Evaluating that intensity density standard at the time that the limitation of 15 rooms was put in, I can speculate that was a factor that resulted in the number 15. Council Member Wilt: Okay because it does strike me as a small number. Even just for residential use in the B1, we approved King Street Station at 64 units, residential units, Church, and Market for 125. The Leesburg Street public -private partnership at over 60 is in the proposal. In terms of intensity of use, 15 does strike me as a small number in today's environment. Michael Watkins: Understood. Council Member Wilt: Okay. That's it. Thanks, Mike. Michael Watkins: Welcome. Mayor Burk: Mr. Steinberg? Vice Mayor Neil Steinberg: Thanks for the presentation. I'm going to start by saying I'm perfectly comfortable with the current language, and I appreciate staffs analysis and understand the reasons why. We're talking about an area specific to the H1, 31, and that's an area I think we should be particularly careful about. This allows us to be sensitive to proposals coming in and protective of residential areas which could potentially wind up adjacent to much larger structures. To allow us to consider individual proposals and increase the number if we see fit and deem appropriate in a specific area, I think, is the nature of good planning. I will not be able to support a motion to change language. Thanks. Mayor Burk: Is there a way to go from a commercial inn to a hotel in the Downtown? Michael Watkins: Currently, you can do a commercial inn at 15 rooms. Anything more than 15 rooms is a hotel and a hotel, currently, is a special exception in the Town. Mayor Burk: So, you can do it. Michael Watkins: You could, yes, ma'am. Mayor Burk: You would've to do a special exception which would involve the public. I would assume that we would if we're going to increase the size of a commercial -- of this hotel -motel idea we would want the input of the public. I would be very reluctant to change it at this point since there is a mechanism in place to change it -- Michael Watkins: Yes, ma'am. Page 4 April 24, 2023 Mayor Burk: -- and you could end up with a hotel of 40-50 rooms if it worked in the particular site. That's a little different than an office because of what's there and what is required. Are there places in the Downtown that if an office wanted to come forward, they would have to do a special exception? Michael Watkins: No, ma'am. Mayor Burk: So, that would not be part of the process for them? Michael Watkins: No, ma'am. Mayor Burk: Parking would be the main thing associated with them. The hotel, we just looked at changing the hotel parking requirements, or we're going to be looking at it. To me, if we really believe in the Historic District, and I hope that all of us do that having-- and if you go to any place like Richmond-- not too long ago I was in Richmond. They do have inns that are 15 rooms. They had inns that were five rooms. If you want to increase in the density and the intensity of that, and you want to make it a hotel, we're not saying you can't do it, we're just saying you have to do a special exception to do it. Michael Watkins: Correct. Mayor Burk: Then I don't see there's a much of a problem there. Mr. Bagdasarian? Council Member Bagdasarian: Since we have our Economic Development staff here, I was wondering if there's any -- Mayor Burk: Excuse me. Are you speaking to me, or are you speaking to -- Council Member Bagdasarian: I'm speaking to this way. Does Economic Development have any perspective on this? Hotel, I know this is not -- Mayor Burk: Mr. Bagdasarian, are you asking for someone to come to the mic to speak that is not set to speak? Council Member Bagdasarian: Yes, Mr. Seymour. Okay. Mayor Burk: You usually ask the Mayor to do that. As opposed to you coming and asking for that to happen, otherwise, chaos could kick you out. Council Member Bagdasarian: Okay. Madam Mayor, I'd like to see if the Economic Development has a perspective on increasing the number of rooms for a hotel or an inn in the Downtown. Mayor Burk: As long as you are considering the special exception aspect to it. Mr. Seymour? Russell Seymour: No pressure, right? Council Member Bagdasarian: No pressure. Russell Seymour: As far as extending the number of rooms, I know we have looked for an opportunity to be able to provide a hotel in Downtown Leesburg. It is something that if you go back through looking at all the different plans, the discussions, that is something that has been a priority for the Town for a number of years going back. I look at it from a standpoint, I think everything you're talking about this evening is accurate. There are opportunities to do that. As far as if your question is specifically about extending the number of rooms, I think that having more than 15 rooms, however the process is, is a benefit to Downtown Leesburg. Yes. Page 51 April 24, 2023 Council Member Bagdasarian: Okay, thank you. I guess that's part of my secondary question, or it's however we get to that point, because we do have a precedence. Up until from 1895 to 1977, we had over 50 rooms in the Historic District. The question is, how do we get to that point? Is it through special exception? Is it defined as an inn? Is it defined a hotel? I guess that's what the question is, but the bottom line is, does it make sense to have more than 15 rooms on that specific location? Mayor Burk: That would be why I would say you need a special exception to evaluate that. That's not a huge location, but possibly it could work, and if we could get more rooms, that would be great. Anybody else have a question at this point? Council Member Cummings: I have a follow-up question for Mr. Watkins. Mayor Burk: Yes. Council Member Cummings: Mr. Watkins, in land use terms and in planning terms having a zoning ordinance in place that has not been used when we hear from Economic Development that there has been a desire for a hotel. Is that good? Does that mean that we're using the zoning ordinance in the correct way, or does that mean maybe there needs to be some flexibility there within that zoning ordinance? Michael Watkins: I would answer the question by saying there's strategies that can be employed with the languages that's in the ordinance. The way the ordinance is written now, is there an impediment to getting an inn in the Downtown. The impediment is the number of rooms, so if Council's desire is to include the diversity of that particular type of lodging amenity, obviously there's an opportunity for you to adjust that amount. If Council is looking for opportunities for rooms in the Downtown, well that's answered. You have the definition for hotel, that just requires a special exception. As far as is the ordinance working, you can look at it through different lenses, and I would say that the opportunities there currently to get rooms in the Downtown, it requires a special exception today. Council Member Cummings: Thanks. Mayor Burk: In 1875, how many people lived in Leesburg? Michael Watkins: Oh my gosh, Mayor. I wasn't here. I don't know. Mayor Burk: I would venture to guess it was under 7K. Michael Watkins: Yes, ma'am. Mayor Burk: Any other questions at this point? No. All right, thank you, appreciate your information. The next item on our agenda is Virginia Main Street Program. Allison Wood: Good evening, Council. I will be providing a quarterly update to our Main Street Program. First and foremost, our steering committee, which was formed in December of 2022, has a new name. They are the Leesburg Main Street Movement. They have established a mission statement which is "A thriving business community working together to ensure the quality and vitality of Historic Downtown Leesburg through advocacy and outreach." I have just an update on our steering committee members. We have five members, and we actually have potentially four new members that will be joining. They're in discussions with our chair. They have their next meeting next week and have been meeting once a month minimum. Sometimes it's actually been more frequently. We do have some of our members here tonight, our chair and our vice chair, and they are actively pursuing the formation of a 501(c)(3). There's not a timeline that they have created yet, but they are actively pursuing that. Page 6 !April 24, 2023 I do just want to remind Council that while you do not need to set up a 501(c)(3) until you are ready to apply for tier three, we have received recommendation that it is best practice to form that well in advance, so that the organization has time to really get their legs under them. The committee has created their Instagram account, which they're using to engage with the community. These numbers are actually updated now. They have nine posts, they have 275 followers, and are following 119 accounts. Currently, there is a logo contest underway, so they're using that to engage with the public and try and gain some traction. I believe that this is the last week that they will be having that contest open, and they've received a few designs so far. We've been working with our Main Street consultant, Jennifer Goldman, who is here as well, so you guys can put a face to the name. She has been working on creating our 501(c)(3) toolkit. I have a list here of just some of the things that she's been creating. We have a really robust board of director's handbook template so far, and then a few of the other items. Really at this point, I believe the last couple of items are creating a file of resources for the organization to use. Again, this is utilizing our FY23 grant funds, and we are actually getting ready to submit our application for the FY24 Cycle of Community Vitality grants. For this grant, we will be applying for wayfinding signs, and that will be a project in conjunction with the Department of Public Works. Of course, our committee will be helping as well in inputting for the design and all that. This actually is the first year where the grant amount goes up. VDHCD just increased the grant amount to $15K, and then there is a $7,5K match that is a combination of in -kind, in cash, $5K in cash. That is due on Friday, and again that will be-- There is a May 31st project completion date, so that'll be May 31st of 2024. Our current steps. The Leesburg Main Street movement is working on a canvassing project where they are going out and talking to business owners, residents, community members and stakeholders of the district, and trying to determine what are their priorities and the first couple of projects that they'd like to work on. Of course, our department is applying for the grant, and once we have our completed toolkit, we will be reviewing that with the steering committee so that we can make any tweaks and then make those adjustments. Are there any questions? Mayor Burk: Well, thank you for your presentation. I have to tell you that this is not the first time we have tried to do the Main Street Program. This is probably the farthest we've come, but as I have walked around Downtown and other areas, I have been asked repeatedly what's taking so long. That's rather ironic when you think back to what we tried to do before, and it was you're doing this, you're pushing it too fast. Well, now we're too slow. I'm delighted to get that feedback from the businesses that they are really excited about this and looking forward to it. I think that's a huge change to what was the previous mindset. What is taking so long? Allison Wood: We're relying on volunteers and their ability to determine projects and just trying to get that organization formed and just creating that workflow. I think it's just starting an organization and determining priorities. Mayor Burk: Thank you both for being here today and thank you for volunteering to do this. This is really very, very exciting. Well, let's keep moving forward, then. Mr. Bagdasarian? Council Member Bagdasarian: Yes. Thank you. Let's call Mr. Seymour back up now. Mayor Burk: You're pushing it. Council Member Bagdasarian: I asked. No, thank you for the update, Allison. As far as the timeline for forming because that really makes it real when you have the non -stock corporation formed, and Page 7 1 April 24, 2023 then you apply for 501(c)(3) status and form the board of directors. What timeline do you have for that? What do you envision happening before that actually happens? Allison Wood: There really isn't a timeline that's been created. Actually, our chair has actually just met with our consultant recently to go over what are the realities of forming a 501(c)(3), because like I've said, with great power comes great responsibility. They were going over what are the expenses that you would have for that startup that are outside of just the fees of becoming an organization, but also just running it, like insurance policies and things like that. They've just started that conversation. There really isn't a timeline or a gold date at this point. I know that our committee is really itching to form a 501(c)(3) but we also want to be realistic about what those expectations are, though, once it's formed. Council Member Bagdasarian: Along with that, what do you envision with the toolkit for 501(c)(3)? Are those all the things you just mentioned that need to go into that, like insurance having an accountant to do your 990s and all the other -- Allison Wood: It's a really extensive list. Let me see. I know you-- Oh, I can see I can go back on here. You can see the full handbook. It has the roles and responsibilities of board members and committee chairs, strategic plan templates, annual budget, work plans, all of that is included. These other items that are right underneath the picture are additional items outside of the handbook. We have a job description for an executive director once one is -- it's determined that the organization needs one. Then there's all those instructions for filing with the IRS and becoming a nonprofit. Council Member Bagdasarian: No, that's great. Someone who's started up a number of companies and nonprofits that the hardest part is actually getting across the line. Actually, like, we're now official. Let's do it. You got to jump in the deep end and make things happen. I'm glad that things are moving along, but like the Mayor, like sooner the better. I mean, really like just establishing that organization and then working from there, I think it's going to be critical, and that will help build momentum, help build that movement. Appreciate it. Mayor Burk: Any other questions? All right, thank you. Thank you very much for coming and thank you for continuing working on this. All right. That takes us to our next topic, which is the define the Downtown Footprint for Marketing Purposes. Russell Seymour: Good evening, Madam Mayor, members of Council. I wanted to start out by saying, when we talk about Downtown Leesburg, that is probably one of the most identifying comments that we have. If you start to ask people where Downtown Leesburg is or actually where Leesburg is, inevitably they will point to Downtown. Those are not only people that are coming here for the first time, business owners, but I dare say if you go out and ask residents that have been here their entire lifetime, where's Leesburg? Nine out of 10 of them are going to point to Downtown as that defining area for us. When we talk about where we define or what we define as Leesburg, those are really the two questions. It's not just the where but the what. We can talk about a geographic area, and that's probably one of the simplest things to do, but really, we need to look at what is our Downtown area? If we're going to talk about marketing, what are we marketing? Are we marketing an area for commerce? Are we marketing area for employment? What are those destinations? If you look at what we have right now, currently, it's a business district. It's a center for local government. It's certainly a historic location that does need to be preserved, and it's also a tourism destination. Now I'll also mention there have been several studies that have been done, and in preparing for tonight's meeting, going back and glancing over some of those studies that have been done over the years, one of the things that I will tell you is that there have been numerous references to Downtown Leesburg but not one map, not one geographic area described. It was almost assumed that people would know where Downtown Leesburg is. Currently, when we look at Leesburg, there are currently four separate districts that cover some part of Downtown Leesburg and what those districts do. Page 8 I April 24, 2023 We talked about the old and Historic, H-1 Overlay, the HUBZone, the Arts and Cultural District, and then our most recent one, which is our Main Street Program as we discussed tonight. Now the Historic District was set aside, and I think we said back in 1963, but the focus of it was to provide for primarily the protection and preservation of our Historic area. The map that you see depicted up there is the area that we have designated as our Historic District in Downtown. Moving then to the HUBZone and you'll see two maps, you'll see an area in gray and then an area striped. The HUBZone is specifically designed and laid out to help areas that have underutilized business zones, and so one of the things that you'll see in a HUBZone is the government contracting being a certainly a major draw for that area not only for the businesses but also to encourage and to, in essence, incentivize employment of those that live within a HUBZone area. One of the things that I did want to take an opportunity this evening to talk about is you'll see the area in dark gray. That was the original HUBZone. Now in 2018, it was expanded, and added the gray area that was in the striped. As of now, and I say as of now because it's been in play and then out of place, so it pops up and down, but I will tell you that as of July 1, that area is disappearing, it's going back to the area that you see in the solid gray. One of the primary reasons has been the level or the value of residential properties within that area. As new developments come online, it raises and slowly pulls you out of what designates you as a HUBZone area. The Arts and Cultural District. Now this is an area that we've talked about, that is set to, in essence, provide certain incentives to those businesses or those entities that are looking at art, that are looking at bringing tourism Downtown. You've seen it in a couple different areas that we've talked about with our Arts Commission, and this is one that's been laid out. I'll mention to you that one of the things that you'll see about both the HUBZone and the Arts District is that they have specific purposes. When you're talking about these areas, you're talking about the HUBZone. It has a specific purpose. The Arts District has a specific purpose. We'll talk about the Main Street Program. The Main Street Program is a designated area. It is one of the few of these zones that is incorporated almost completely within our Historic area, and it is an area that does include much of that Downtown core business area. Now what happens when you put all four of those on the map? Again, trying to define where Downtown Leesburg is. I simply took all four of those districts and said, "All right, let's put them together." That's what you have. I think I would be remiss if I said that is not Downtown Leesburg. Certainly not from a marketing standpoint, but each of those four districts do include a portion of the Downtown area. When you look at it, it's an area that is obviously too large. One of the things that happens when you have an area is you lose focus. Again, going back to what each of those districts was designated for, when you broaden out, you start to lose focus of what is in each of those areas and what it's for. Also, when you have an area that's too large, there's no connection or no connectivity between the districts, and it's not really walkable. That's one of the things that we've talked about is you want to be able to park in one area or ride your bike to one area, park and walk, and don't go back to the car until you're ready to leave. With that in mind, staff came up with this proposed area, an area to define our Downtown. We simply took the core Historic District, and we implement it or add it into that the Main Street area. Obviously, Main Street is something that we've determined is going to be a marketing focus for our Downtown area from staff. If you incorporate that into the Old and Historic District, that is an area, in essence, what we're doing is we're taking of the four districts, the oldest one and the newest established one and combining them. Really the only difference you'll see in the eastern part there's a couple of parcels that were added in that are part of the Main Street district, but in essence, it goes back to that core Downtown area. Page 9 1 April 24, 2023 I'll go back to what I said earlier as well is that when you ask people and some of the best things to do is go out, when you're talking about marketing, is ask people what their thoughts are, they will tell you that's how they define our Downtown area. Again, the reason for the selected area includes the area that's most associated with Downtown, includes the newly developed Main Street. The area is maintained by the Town. We talk about sidewalks serving at all. We talk about the upkeep of the area. The entire area is within walking distance, and you have multiple parking options for that, both for vehicles and for bikes. I didn't put it up here, but it's also an area that's predominantly served by our golf cart as well. We also talk about grouping of professional services and businesses and different attractions. When you talk about events that are Downtown, we just had our Flower and Garden. Where was it? Downtown Leesburg. We talked about art, Downtown Leesburg. We talk about the other events that occur, they're in a designated, all of which are in the area that we talked about. Certainly, it's the center of government for both the Town and the County. When we looked at defining Downtown Leesburg, those were the core factors that we looked at. We looked at what had been done in the past, and we looked at what was being represented right now as far as where is Downtown Leesburg. That is why we came up with the map that we have. With that, will endeavor to answer any questions that you may have. Mayor Burk: Would you mind going back to the map or the proposed area? Russell Seymour: Yes, Ma'am. Mayor Burk: I'm confused as to what is the area that's proposed? Everything that's in route -- Russell Seymour: It's everything that you see there. Yes, ma'am. It's the Old Historic area. It's the area that is shaded as the Town's Historic District, and then the area that's added in blue over it. Mayor Burk: It's all what's in brown? Russell Seymour: Yes, Ma'am. Mayor Burk: Even though you got different lines going places. Russell Seymour: Correct. Mayor Burk: Go to the bottom top. I can't read the street numbers, but it looks like a little peninsula, and you've got black lines going through it. Then most of it is brown, and I wondered why. Russell Seymour: Forget the dotted lines right now. What we're doing is combining maps so that you could see it. The dotted lines are the National Historic Register. There're going to be certain areas. What I did for the purposes of this and what staff did was look at the area that the Town designates as the Historic District, and that is the area that you see shaded in. Mayor Burk: I got that. Still going back to that, what are the streets because I don't-- Is there commercial components in that peninsula there? Russell Seymour: You're talking about this area? Now I can't get the -- You're talking about the area at the very bottom, correct? Mayor Burk: No, I'm talking about that at the top. Russell Seymour: As you're heading up to Ida Lee? You're talking about that area? Page 10 1 April 24, 2023 Mayor Burk: No, I'm talking about -- Go directly straight down. Russell Seymour: Directly? Mayor Burk: No. Russell Seymour: Oh, over here? Council Member Bagdasarian: Yes. Russell Seymour: Okay. No. Mayor Burk: Diagonal. Russell Seymour: That is -- Mayor Burk: That is your Town. That wasn't your fault. That was mine. Yes. What is the commercial aspect of that? Russell Seymour: I don't believe there is one from a commercial standpoint, but again, looking at, when you define Downtown, it's not just commercial, it's also a destination. There may be tourist issues when you're looking at, that's the -- I believe you said the Cook Farm, Keith, that's there? Mayor Burk: Okay, [unintelligible] questions. Russell Seymour: Looking up, we're not just commercial. Mayor Burk: I should ignore you. Council Member Bagdasarian: Oh, come on. Mayor Burk: No, I will not do that. I will not do that. Council Member Bagdasarian: Can I call Mr. Seymour back up? He already is, wonderful. Mr. Seymour, so to address your question, Madam Mayor, would the appropriate title for this slide be proposed Downtown Leesburg area because that's ultimately what you're suggesting, so this should be actually called proposed Downtown Leesburg Map. Russell Seymour: Yes. The proposed area for the Downtown Leesburg from a marketing standpoint, yes. Mayor Burk: We got to make that very clear because my concern is people thinking now, they're part of the Historic District, and they have to follow the historic rules. Russell Seymour: Correct. No, what I wanted to show you was the proposed map of how we overlaid the two. Moving forward, if you will agree to this area, all the color will go away, and you will see a Downtown area that is outlined separately. Mayor Burk: Again, I want to make sure that the people that are not in the Historic District, this is not changing anything for them. Russell Seymour: Not at all. Mayor Burk: They are not going to have to follow the historic rules. Russell Seymour: It is strictly marketing. Yes, ma'am. Page 11 I April 24, 2023 Mayor Burk: All right. Council Member Bagdasarian: Just once again, for clarification, this is Downtown Leesburg. Russell Seymour: That's how we define Downtown Leesburg from a marketing standpoint. Yes, Sir. Council Member Bagdasarian: Exactly. Which takes in consideration all the different zoning areas and overlays. Russell Seymour: Correct. Council Member Bagdasarian: Okay. Russell Seymour: Marketing can be for a number of reasons, not just commercial. Council Member Bagdasarian: Exactly. Thank you. Russell Seymour: Yes, Sir. Mayor Burk: Mr. Steinberg? Yes. Vice Mayor Steinberg: Thanks, Russell. Out of curiosity, we have two areas in Town that are not contiguous to but are part of the H1. One is entirely residential, but one will probably have a commercial component. Is it our intention that that area would ever become part of this marketing, or is that simply for design purposes only? Russell Seymour: I think from our standpoint, and again, I'm looking at the request that was made by Council. When you talk about the Downtown area, not just looking at H1 or all that, it's looking at that core area. When you start to get a little bit further out, you start to run in areas that may be covered by other districts. One may be the Crescent Design District. That will be a completely different audience and a completely different marketing that will go to that as opposed to a Downtown area. Vice Mayor Steinberg: Thanks. Mayor Burk: What do you need for us to do? Russell Seymour: This was provided as a follow-up to your -- I believe it was back in February, the request that was made as to define the Downtown area. My request would be, A, if we've addressed, if staff has addressed to that question, that from a marketing standpoint as we start to generate our marketing activity, that the Council would agree that this would be what, when we talk about our Downtown area, it would be the area that's proposed. Kaj Dentler: I was just going to add along what you're asking. Does Council want to endorse the specific area for our marketing purposes of the Downtown endorsing it by a vote of a resolution? We can come back with a more clear map so you are very comfortable with the areas if you wish to do it, or you could just give him the unofficial direction, and he'll carry it out. It's really what your preference is based on your retreat discussion. Mayor Burk: Are there four votes to accept and endorse the proposed area of the Downtown marketing for marketing purposes? Are there four people that would want to-- so everybody's in favor of-- Kaj Dentler: If we are able, I don't know if Russell can get it ready for tomorrow. If we can get it ready for tomorrow, we could add it to your agenda under consent. If not, we'll do it in two weeks. Whatever his workload allows. Thank you. Page 12 1 April 24, 2023 Russell Seymour: I will have it ready. Mayor Burk: All right. Thank you. All right. Mr. Wilt, do you have any future Council meeting or topic agendas? Council Member Wilt: I do not. Mayor Burk: Mr. Bagdasarian? Council Member Bagdasarian: Yes, I have one item that I'd like to add is the Council Liaison to the Residential Traffic Commission. Bless you. I'd like to add an agenda item to receive a briefing from Renee in Public Works at a future work session regarding the Route 7 exit and off -ramp at Clubhouse Drive Southwest. Just to give an update on what's going on with that. I actually was down there today, and cars are just going through there, so I think it'd be good to see what is possible. I know that it's in a VDOT jurisdiction, but it also impacts the Town. I'd like to have a briefing from Public Works, specifically Renee, on what's possible and what next steps could be to resolve that issue. Mayor Burk: Possible where, again? Could you give me that again? Council Member Bagdasarian: That is at the Route 7 exit onto Clubhouse Drive, Southwest. Mayor Burk: Are there four people that would like to have that briefing? All right. Moving forward on that one. Ms. Nacy? Mr. Steinberg? Vice Mayor Steinberg: [unintelligible] Mayor Burk: I have two things. I would like to ask-- I would like to ask if on tomorrow's meeting, we can make a motion and a presentation for the Clean Water. What's the exact title of it? The Clean Water — National Drinking Water Week that is being requested by our Utilities Department. So, are there four people that would be willing to have it on the agenda for tomorrow? That's everybody too. Okay. The second one is I would like to have a work session on proclamations. We have eight tomorrow, and we only have a couple of people accepting, so I would like to have that discussion at a work session in the future. So, the proclamations can become more meaningful to people requesting them. And I think that's everybody. Okay. That being the case, we now have a closed session. I move pursuant to Va. Code Section § 2.2-3711(A)(8) and § 2.2-3711(A)(3) of the Code of Virginia that Leesburg Town Council convene in a closed meeting for the purpose of consultation with legal counsel and briefing by staff members regarding specific legal matters related to the annexation of the JLMA where such consultation in open session would adversely affect the negotiations or litigating posture of the Town. Is there a second? Vice Mayor Steinberg: So, moved. Mayor Burk: Seconded by Mr. Steinberg. All in favor? Council Members: Aye. Mayor Burk: Opposed? That's 6-0-1. Alright, we are in closed session at this point. Council convened in a Closed Session at 7:48 p.m. Council reconvened in an Open Session at 8:37 p.m. Page 13 1 April 24, 2023 Mayor Burk: Alright. We are back in session. We are back in session, so I am making the motion. In accordance with Section § 2.2-3712 of the Code of Virginia, I move that the Council certify to the best of each member's knowledge, only public business matters lawfully exempted from the open meeting requirements under Virginia Freedom of Information Act and such public business matters for the purpose identified in the motion by which the closed meeting was convened were heard, discussed and considered in the meeting by Council. Mr. Wilt? Council Member Wilt: Aye. Mayor Burk: Mr. Bagdasarian? Council Member Bagdasarian: Aye. Mayor Burk: Ms. Nacy? Council Member Kari Nacy: Aye. Mayor Burk: Mr. Steinberg? Vice Mayor Steinberg: Aye. Mayor Burk: Mr. Cummings? Council Member Cummings: Aye. Mayor Burk: Ms. Burk? Aye. Is there a motion to adjourn? Vice Mayor Steinberg: So, moved. Mayor Burk: Moved by Mr. Steinberg. Second? Council Member Nacy: Second. Mayor Burk: Seconded by Ms. Nacy. All in favor? Council Members: Aye. Mayor Burk: Opposed? That passes 6-0-1. Page 14 !April 24, 2023