HomeMy Public PortalAbout2023_tcmin0808 COUNCIL MEETING August 8, 2023
Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding.
Council Members Present: Ara Bagdasarian, Todd Cimino-Johnson, Zach Cummings,
Kari Nacy, Vice Mayor Neil Steinberg, Patrick Wilt and Mayor Kelly Burk.
Council Members Absent: None.
Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy
Town Manager Keith Markel, Director of Finance and Administrative Services Clark Case,
Director of Public Works and Capital Projects Renee LaFollette, Director of Economic
Development Russell Seymour, Airport Director Scott Coffman, Director of Planning and
Zoning James David, Deputy Director of Planning and Zoning Brian Boucher, Deputy
Director of Utilities Brian Stone, Zoning Administrator Mike Watkins, Deputy Chief
Procurement Officer David Christiansen, Senior Planner and Project Manager Chris
Murphy, Assistant Town Attorney Jessica Arena and Clerk of Council Eileen Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Cimino-Johnson.
3. SALUTE TO THE FLAG was led by Vice Mayor Steinberg.
4. ROLL CALL
a. All Council Members present.
5. MINUTES
b. Regular Session Minutes of July 25, 2023
MOTION 2023-139
On a motion by Council Member Nacy, seconded by Council Member Bagdasarian,
the July 25, 2023, Regular Session minutes were moved for approval.
Council Members Cimino-Johnson and Cummings were absent at the July
25, 2023, Council Meeting and abstained from the vote.
The motion was approved by the following vote:
Aye: Bagdasarian, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk
Nay: None
Vote: 5-0-2(Cimino-Johnson and Cummings abstain)
6. ADOPTING THE MEETING AGENDA
MOTION 2023-140
On a motion by Council Member Nacy, seconded by Council Member Bagdasarian, the
meeting agenda was moved for approval.
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COUNCIL MEETING August 8, 2023
The motion was approved by the following vote:
Aye: Cimino-Johnson, Cummings, Bagdasarian, Nacy, Vice Mayor Steinberg, Wilt and
Mayor Burk
Nay: None
Vote: 7-0
7. CERTIFICATES OF RECOGNITION
a. None.
8. PRESENTATION OF PROCLAMATIONS
a. None.
9. PRESENTATIONS
a. None.
10. REGIONAL COMMISSION REPORTS
a. None.
11. PETITIONERS
The Petitioner's Section opened at 7:03 p.m.
There were no Petitioners wishing to address Council.
The Petitioner's Section closed at 7:03 p.m.
12. APPROVAL OF THE CONSENT AGENDA
MOTION 2023-141
On a motion by Council Member Cimino-Johnson, seconded by Council Member Cummings, the
following consent agenda was proposed:
a. 2023 "Paint the Plow"Art Contest
RESOLUTION 2023-104
Approval of2023 "Paint the Plow"Artwork submitted by Leesburg Elementary School, Cool
Spring Elementary School, and Catoctin Elementary School
b. Engineering Services for Water Pollution Control Facility Solids Processing and Nutrient
Removal Improvements
RESOLUTION 2023-105
Awarding a Task Order in the amount of$893,000 to Hazen and Sawyer to Prepare a
Preliminary Engineering Report(PER)for Solids Processing and Nutrient Removal
Improvements at the Leesburg Water Pollution Control Facility
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COUNCIL MEETING August 8, 2023
c. Rehabilitation of Primary Clarifiers at the Water Pollution Control Facility
RESOLUTION2023-106
Approving a Supplemental Funding Appropriation to Fiscal Year 2024 Utilities Fund Capital
Improvements Program in the amount of$330,000, and Authorizing the Town Manager to
Execute a Construction Contract Change Order to CPP Construction Inc.for Refurbishment of
Primary Clarifiers at the Water Pollution Control Facility
d. Downtown Streetlights Phase II Design Change Order No. 2
RESOLUTION2023-107
Authorizing the Town Manager to Execute Change Order No. 2 for Design of the Downtown
Streetlights Phase II Capital Improvements Project
e. Veterans Park at Balls Bluff Capital Improvements Project—Change Order
RESOLUTION2023-108
Authorizing the Town Manager to Execute Change Order No. 7 in the amount of$52,867.11
for Design of the Veterans Park at Balls Bluff Capital Improvements Project
f. Appointment to the Airport Commission—John Dolan
RESOLUTION2023-109
Appointment of John Dolan to the Airport Commission
g. Award of Contract for Procurement Software
RESOLUTION2023-110
Award Procurement Software Contract to International Data Base Corp. (Bidnet Direct)
The Consent Agenda was approved by the following vote:
Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt
and Mayor Burk
Nay: None
Vote: 7-0
13. RESOLUTIONS /ORDINANCES / MOTIONS
a. Appointment to the Diversity Commission
MOTION 2023-142
On a motion by Council Member Nacy, seconded by Vice Mayor Steinberg, the following was
proposed:
RESOLUTION2023-111
Appointment of Melissa Simonetta to the Diversity Commission
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COUNCIL MEETING August 8, 2023
The motion was approved by the following vote:
Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and
Mayor Burk
Nay: None
Vote: 7-0
14. PUBLIC HEARINGS
a. Airport Northeast Hangar Site— Opening Bids, Public Hearing, and Award of
Lease
Mayor Burk opened the floor for additional bids at 7:07 p.m. No additional
bids were received. Bidding was closed at 7:07 p.m. Only one bid was received prior
to the meeting in response to the Request for Proposals.
Mayor Burk opened the Public Hearing at 7:07 p.m.
Mr. Scott Cofnan presented an overview of the request issued for proposals
(RFP) to best utilize a unique corner of land on the Airport property. The request
provided the public with an opportunity to present their ideas for the best use of the
area for the Town to grant a 40-year land lease. Mr. Coffman shared the details of
the proposal received from JK Land Holdings to build a 25,000 square foot hangar
on the site and lease the land from the Town for$53,250/year.
Council and staff discussed the RFP process and the one bid received.
Public Speakers:
Chuck Kuhn. Spoke to Council in support of granting the land lease to JK
Land Holdings.
The public hearing closed at 7:37 p.m.
MOTION 2023-143
On a motion by Council Member Cummings, seconded by Vice Mayor Steinberg, the
following was proposed:
ORDINANCE 2023-0-014
Authorizing the Mayor to Execute an Agreement with Kuhn Jet Center to Lease Land,
Construct and Operate an Aircraft Hangar at the Leesburg Executive Airport
The motion was approved by the following vote:
Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt
and Mayor Burk
Nay: None
Vote: 7-0
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COUNCIL MEETING August 8, 2023
b. TLOA-2023-0004 Commercial Inn Definition and Use Standards
The Public Hearing opened at 7:38 p.m.
Mr. Mike Watkins reviewed the purpose of the text amendment to amend the
Zoning Ordinance to redefine the definition and use limitations for an inn that is
currently limited to 15 rooms. The proposed text amendment would amend the
number of rooms allowed for an inn from 15 to 40.
Council and staff discussed the proposed text amendments.
Public Speakers:
Kevin Ash. Spoke to Council in support of the text amendment and
specifically how it would help him achieve his redevelopment goal to build a 39-
room inn in the historic downtown.
Dylan McGreevy: Spoke to Council in support of the text amendments.
Trevor Ikwild. Spoke to Council in support of the text amendments.
Council and staff discussed the accessory uses of an inn.
The public hearing closed at 7:59 p.m.
MOTION
On a motion by Vice Mayor Steinberg, seconded by Mayor Burk, the following was
proposed:
I move not to change the definition for an inn on the basis that the spectrum of lodging
options already exists to accommodate economic development opportunities, and there's
still opportunity to get tourism downtown with the current system.
Council discussed the proposed motion.
The motion failed by the following vote:
Aye: Vice Mayor Steinberg and Mayor Burk
Nay: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Wilt
Vote: 2-5
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COUNCIL MEETING August 8, 2023
MOTION2023-144
On a motion by Council Member Cummings, seconded by Council Member Cimino-Johnson,
the following was proposed:
I move to approve the proposed Zoning Ordinance Amendment TLOA-2023-0004
revising Article 18 for the purpose of revising the definition of Inn based on the findings
that the amendment furthers objectives of the Town Plan, and that the proposal would
serve the public necessity, convenience,general welfare and good zoning practice.
ORDINANCE 2023-0-015
Amending Leesburg Zoning Ordinance Article 18 Definitions for the Purpose of
Revising the Definition of"Inn"
The motion was approved by the following vote:
Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Wilt
Nay: Vice Mayor Steinberg, Mayor Burk
Vote: 5-2
c. TLOA-2023-0002 I-1 District Height Increase
The Public Hearing opened at 8:04 p.m.
Mr. Brian Boucher reviewed the proposed amendments to consider increased
height standards for the I-1 Industrial/Research Park District to potentially
accommodate multi-story data centers and other traditional uses.
Council and staff discussed the proposed amendments.
Public Speakers:
There were no speakers wishing to address this public hearing.
The public hearing closed at 8:17 p.m.
MOTION 2023-145
On a motion by Vice Mayor Steinberg, seconded by Council Member Cimino-Johnson,
the following was proposed:
I move to approve Zoning Ordinance Amendment TLOA-2023-0002 revising Article 6
Nonresidential Districts to increase maximum height in the I-1 Industrial/Research
Park District based on the findings that the amendment furthers objectives of the Town
Plan, and that the proposal would serve the public necessity, convenience,general
welfare and good zoning practice.
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COUNCIL MEETING August 8, 2023
ORDINANCE 2023-0-016
Amending Leesburg Zoning Ordinance Article 6 Nonresidential Districts for the
Purpose of Revising the Height Maximum for Buildings in the I-1 District
The motion was approved by the following vote:
Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt
and Mayor Burk
Nay: None
Vote: 7-0
Mayor Burk and Vice Mayor Steinberg added some additional comments
after the vote.
d. TLOA-2023-0006 Data Centers Zoning Ordinance Amendments
The Public Hearing opened at 8:20 p.m.
Mr. Chris Murphy presented Council with the proposed Zoning Ordinance
text amendments to revise definitions and terminology relating to data center uses,
establish zoning districts where data centers are permissible, and establish use and
design standards applicable to data centers in all instances, in all zoning districts.
Council and staff discussed the proposed amendments.
Public Speakers:
Molly Novotny. Spoke in support of the Zoning Ordinance amendments.
At the request of Council, Mr. James David and Mr. Murphy reviewed each
amendment individually to allow Council to review and understand each
amendment and ask questions accordingly.
The public hearing closed at 9:22 p.m.
MOTION2023-146
On a motion by Council Member Nacy, seconded by Council Member Bagdasarian,
the following was proposed:
I move to approve the proposed Ordinance authorizing the Zoning Ordinance text
amendment TLOA-2022-0006 establishing Data Center uses as presented in the Public
Hearing Staff Report dated August 8, 2023, on the basis that the amendment further
objectives of the Town Plan and that the proposal would serve the public necessity,
convenience,general welfare and good zoning practice.
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COUNCIL MEETING August 8, 2023
ORDINANCE 2023-0-017
Amending Leesburg Zoning Ordinance Article 6 Nonresidential Districts, Article 8
Planned Development Districts, Article 9 Use Regulations, Article 11 Parking, Loading
and Pedestrian Access, Article 12 Tree Preservation, Landscaping, Screening, Open
Space and Outdoor Lighting, and Article 18 Definitions Relating to Establishing Data
Center Uses
Council commented on the proposed motion and thanked the Planning
Commission, staff and industry professionals for their hard work.
Mr. Spera confirmed with Council that the proposed ordinance was revised
and sent to Council on August 3, 2023, and that the August 3, 2023, is the proposed
ordinance referenced in the motion. Mr. Spera and Mr. David confirmed that staff
received appropriate direction related to the processing of Certificates of
Appropriateness (COA).
The motion was approved by the following vote:
Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt
and Mayor Burk
Nay: None
Vote: 7-0
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Council Member Wilt disclosed he met with Mr. Kevin Ash regarding the Inn
project.
Council Member Bagdasarian disclosed he met with Mr. Kevin Ash.
Council Member Nacy disclosed she met with Ms. Molly Novotny regarding data
centers.
Council Member Cummings disclosed he met with_Mr. Kevin Ash regarding the
Zoning Ordinance amendment change for hotels and with Ms. Molly Novotny with Cooley
regarding the data center standards.
Council Member Cimino-Johnson disclosed he met with Mr. Kevin Ash.
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COUNCIL MEETING August 8, 2023
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk disclosed she met with Mr. Terry Pressman and Mr. Adam Pressman
who operate a drone business. She said they wanted to understand how to operate in
Leesburg and see what they could do to work with the Town using drones. Mayor Burk
participated in the interview with the Zip Trip team from Channel 5 when they came to the
Fairgrounds where she talked about Leesburg and what a great place Leesburg is to live and •
open a business. Mayor Burk welcomed Innovative Scrubs and New Vision Center to
Leesburg at their ribbon cutting ceremonies. Mayor Burk hosted Meet the Mayor events
and thanked Dunkin Donuts, Birchtree Books, and Pupatella's for allowing her to host the
events at their locations. Mayor Burk thanked the Leesburg Police Department for the
National Night Out event held at the Douglass Center. Mayor Burk met with Mr. Mike
Myers from the Loudoun Wildlife Conservancy to talk about data center's guidelines.
Mayor Burk attended a Chamber event at the Westin Dulles where they talked about the
economy. Mayor Burk reminded everyone the Taste of Leesburg event was coming up over
the weekend and encouraged all to come and enjoy everything Leesburg has to offer.
19. TOWN MANAGER COMMENTS
a. None.
20. CLOSED SESSION
a. Town Attorney's Performance Evaluation
MOTION2023-147
On a motion by Mayor Burk, seconded by Vice Mayor Steinberg, 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 dosed meeting for the purpose of discussing the annual
performance of the Town Attorney.
The motion was approved by the following vote:
Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt
and Mayor Burk
Nay: None
Vote: 7-0
Council convened in a closed session at 9:33 p.m.
Council convened in an open session at 9:44 p.m.
L.
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COUNCIL MEETING August 8, 2023
i
MOTION 2023-148
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.
The motion was approved by the following roll call vote:
Wilt—Aye, Bagdasarian—aye, Nacy—aye, Vice Mayor Steinberg—aye, Cummings—
aye, Cimino-Johnson—aye and Mayor Burk—aye
Vote: 7-0
21. ADJOURNMENT
On a motion by Vice Mayor Steinberg, seconded by Council Member Bagdasarian, the meeting
was adjourned at 9:45 p.m.
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K- y B Olf, Mayor
ATTEST: Town of Leesburg
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Clerk of Council
2023_tcmin0808
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August 8, 2023—Leesburg Town Council Meeting
(Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It
may not be entirely accurate. For greater accuracy, we encourage you to review the video of
the meeting that is on the Town's Web site—www.leesburgva.gov or refer to the approved
Council meeting minutes. Council meeting videos are retained for three calendar years after a
meeting per Library of Virginia Records Retention guidelines.)
Mayor Kelly Burk: I would like to call to order tonight's meeting of the Leesburg Town Council. If
anyone in the room needs hearing assistance, please see the Clerk. Council Member Cimino-
Johnson will be giving the invocation, followed by the Pledge of Allegiance from Vice Mayor
Steinberg.
Council Member Todd Cimino-Johnson: Good evening. With hearts united and voices ready, let us
convene as stewards of this community bound by our shared purpose to serve and uplift. May our
discussions be marked by understanding, our decisions by wisdom, and our actions by the betterment
of all who call this Town their home. In our diversity, may we find strength, and in our collaboration,
may we forge a path toward a brighter future for each resident in the tapestry of our Town as a whole.
Thank you.
Vice Mayor Neil Steinberg: 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: Let the record reflect that all Members of the Town Council are here tonight. We have
one set of minutes from the July 25th, 2023, regular session. July 25th, I'm sorry, 2023. Do I have a
motion?
Council Member Kari Nacy: So moved.
Mayor Burk: Council Member Nacy. Second?
Council Member Ara Bagdasarian: I'll second.
Mayor Burk: Yes, you can, Council Member Bagdasarian.
[laughter]
All in favor, indicate by saying aye.
Members:Aye.
Mayor Burk: That's one, two, three, four,five. Nay and abstained.
Council Member Zach Cummings: Abstain.
Council Member Cimino-Johnson:Abstain
Mayor Burk: Two. All right, 5-0-2. Do I have a motion to adopt the meeting agenda?
Council Member Nacy: So moved.
Mayor Burk: Council Member Nacy. Second?
Council Member Bagdasarian: I'll second.
Mayor Burk: Council Member Bagdasarian. Is there any amendments or deletions to the meeting
agenda? Seeing none, all in favor, indicate by saying aye.
Page 1'August 8, 2023
Members: Aye.
Mayor Burk: Opposed?That passes 7-0. We have no certificates or proclamations or presentations.
Anyone have a regional commission report?All right. The next one is our petitioner section. One of
the first orders of business is to hear from the public.All members of the public are welcome to
address the Town Council on any item, matter, or issue. Please identify yourself and if you're
comfortable doing so, give your address for the taped record.
We do ask that public speakers state their names and spell it for the purpose of closed captioning. In
the interest of fairness,we ask that you observe the three-minute time limit. The green light on the
timer will turn yellow when you have one minute remaining. At that time, we would appreciate your
summing up and yielding the floor when the bell indicates your time has expired. Under the rules of
orders adopted by this Council, the time limit applies to all.
The first person that I have on the sheet is Chang Liu that has signed up. They are not here. Is there
anybody in the audience that would like to speak, say a few words?All right. Seeing as there is no
one else in the room that would like to speak, I will close the petitioner section. That takes us to the
approval of the consent agenda. On the consent agenda, I have the 12A,which is the 2023 Paint the
Plow Art Contest. That's artwork submitted by Leesburg Elementary, Cool Springs Elementary, and
Catoctin Elementary School.
B is the Engineering Service for Water Pollution Control Facilities, Solids Processing, and Nutrient
Removal Improvements. C is the Rehabilitation of the Primary Clarifiers at the Water Pollution Control
Facility. D is the Downtown Street Phase Two Design Change Order Number Two. E is Veteran Parks
at Balls Bluff Capital Improvement Project Change Order. F is the Appointment to the Airport
Commission of John Dolan. G is the Award Contract for a Procurement Software. Do I have a motion
to accept the consent agenda?
Council Member Cimino-Johnson: So moved.
Mayor Burk: Council Member Cimino-Johnson. Is there a second?
Council Member Cummings: Second.
Mayor Burk: Seconded by Council Member Cummings. Is there any item that anybody wants
removed?All right. All in favor indicate by saying aye.
Members:Aye.
Mayor Burk: Nay. That passes 7-0. That takes us to our resolutions, ordinances and motions and
13A is Appointment to the Diversity Commission and this is Appointing Melissa Simonetta to the
Diversity Commission. Do I have a motion?
Councilmember Nacy: So moved.
Mayor Burk: Moved by Council Member Nacy, seconded by Vice Mayor Steinberg. All in favor
indicate by saying aye.
Members:Aye.
Mayor Burk: Opposed. That passes 7-0. The next items are our public hearings. The very first public
hearing for tonight is the Airport Northeast Hangar Site. The Opening Bid Public Hearing and the
Award of the Lease. I have to read something on this. All right. The next item on the agenda is to
Receive Bids and Public Hearings for an Ordinance Authorizing the Mayor to Execute an Agreement
to Lease Land at the Leesburg Executive Airport. Thank you. The Town has duly advertised the
proposed ordinance and invited bids as required by law. One bid was received.
Is there anybody else in the audience that would like to bring forward a bid at this point? Being that
there is no more bids coming forward, I will declare the bidding closed. Then I need to write on here
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that. [silence]All right. That being the case, the bid is from the Kuhn's Jet Center. It was received by
the Town on June 13th. Mr. Coffman, are you going to-- I will provide you with this now. Is that
correct? I will open the Public Hearing Authorizing the Mayor to Execute an Agreement on the Land
Lease to the Leesburg Executive Airport. I call to order this August 8th, 2023, Public Hearing of the
Leesburg Town Council.
Unless there's an objection, I will dispense with the reading of the advertisement. If you wish to speak,
we ask that you sign up on the sheet in the hallway outside of Council Chambers. If you did not get
the opportunity to sign up, we will give you the opportunity to speak. Please spell your name for close
captioning and if comfortable, give your address. In the interest of fairness,we also ask that to
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 in 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, rather than have numerous citizens present remarks on behalf of a group of any
speaker representing the group, the Council will allow a spokesperson for the group a few extra
minutes. In that instance,we would ask speakers when they sign up to indicate their status as
spokesperson, the group they represent, and the request for additional time. Are you at this point
going to give a presentation on the bid?All right.
Scott Coffman: --east corner over the past year. Part of that project was where the Town built apron,
tie-downs, its own t-hangar leased that a couple of you joined us for the grand opening but in the
corner of that was a development site for future hangars for commercial development and as that
project was wrapping up, the Airport Commission provided some input on what the terms of a request
for proposals, what the lease of that land should look like, what those uses should be, and it is
consistent with our master plan that it's aircraft storage hangars in that corner of the Airport.
Here's a picture of the site today. There's brand new apron, there's a new large retaining wall that
backs up to Miller Drive. Here's a graphic that I've shared before. When we started this project, the
Town built a long building of t-hangars but then the corner side and it is a bit of an odd corner just the
way the roads curve around and it's a unique corner of the Airport that is hard to picture what's the
best use of that corner. The Airport had talked about putting three airplanes in a box hanger backed
up to that retaining wall. I wrote the RFP in a very broad way so that we could hear from the public
and businesses and users, anybody that wanted to submit a proposal, other ideas on how to best use
that corner. We offered it based on the Airport Commission's recommendations of a 40-year land
lease, that's the term, that's the maximum term that's allowed in the State of Virginia. It's also
appropriate for multimillion-dollar hangar investments. That corner of the Airport does have a
restriction that we've written into the RFP and written into the lease that there's a weight restriction
based on what the ramp was developed for. It doesn't handle the largest airplanes that come into
Leesburg, but it'll handle most turbine and midsized corporate jets up to 79-foot wingspan.
One of the things I want to make clear is that whatever proposals we receive have to go through the
FAA and the Virginia Department of Aviation for approval to get incorporated on the Airport Master
Plan, Airport Layout Plan. The great thing about an RFP and maybe why this process was a little
more cumbersome is an RFP allows us to evaluate things other than just price. Our evaluation criteria
asked respondents to tell us what kind of aeronautical services they're going to offer to the
community, how many new employees are they going to bring to Leesburg, aircraft that they're going
to bring to the Airport that are going to continue to use fuel and other services,what's their aviation
experience, what kinds of business have they done in the past. What are they wanting to build? Is it
an efficient use of that corner space,that like I said, is somewhat awkward. Then finally, what's the
financial benefit to the Town, and I'll open up the bid page here, so we know what the lease value is.
Mayor Burk: Okay.
Scott Coffman: We've received one proposal,we didn't receive any more tonight. JK Land Holdings
is proposed a 25,000 square-foot hangar that they'll operate as Kuhn Jet Center, basically an
expansion of Kuhn's existing business on the Airport. They say that they offer aircraft sales and
aircraft management, aircraft management, for those that don't know, is managing the crew and the
Page 3IAugust 8, 2023
maintenance and the scheduling of private aircraft. They will expand their maintenance and repair
services, they will continue to provide fuel, aircraft detailing and cleaning, and then other customer
services to support the aircraft that are operating from that hangar.
They explain in their proposal that they would add at least four additional jet aircraft to the Airport, and
up to 21 additional jobs, which would include pilots, maintenance personnel, customer service, and
other support positions. The revenue proposed by the Kuhn's, and I can plug it in, or I can tell you
verbally. They are proposing to pay for a 25,000 square feet of space on the Airport, they're proposing
to pay$53,250 per year,which I believe comes out to $2.13 a square foot. Let me confirm that. Well,
anyways, $53,250 per year is their proposed lease rental rate, which our lease includes escalators to
account for inflation over the term of the lease.
Here's a graphic, I don't know how helpful this is. The difference from what the Airport initially had
planned, the Airport had an L-shaped parcel with individual just corporate bay's almost like a public
storage like we do elsewhere on the Airport. Kuhn Jet Center has proposed a large corporate hangar
that's square or rectangular, 28 feet tall, so it'll accommodate jets higher than what the Town had
planned. They explained to me that one large room gives more capacity because they can park
planes tighter in a large space than they can in individually divided units. They've also explained that
they'll add additional vehicle parking to support the business and two-story office space to support
their business. I think the office space I measured was about 9,000 square feet.
Mayor Burk: Would that be part of the 25?
Scott Coffman: That would be attached to the 133 by 130-foot hangar, yes. One of the requirements
that we had was, because I said, all right, this is open space up in the corner, public tell me what you
can do. I said, don't interfere with the operations of our existing hangars. That's why you see that wing
clearance zone. That's to ensure that their operations don't hinder the movement of aircraft in and out
of our facilities. If you like, I can write in the rates here but--
Mayor Burk: Oh, I think we got it.
Scott Coffman: I think you got it.Any questions?
Mayor Burk: $53,250 per year?
Scott Coffman: Yes. Which is well above the--When we did the North Hangar project, we accounted
for what this revenue from this site might contribute to overcome the debt service and so forth. This is
well above that amount that we built into a proforma. That concludes my presentation. We'll add to
answer questions and then I know members of the respondent are here as well.
Mayor Burk:All right. I will ask if people want to ask questions, but then I'll open up to the public. Is
there anybody here that has any questions?
Council Member Ara Bagdasarian: Can we ask questions after?
Mayor Burk: You can ask questions after the public too. Mr. Wilt, did you have something you
wanted to ask?
Council Member Patrick Wilt: Oh, thank you. Yes,just one question on the slides there, Scott. In the
RFP it was a requirement to--let's see, what page is that on?There was a 79-foot wingspan.
Scott Coffman: Yes.
Council Member Wilt: This can accommodate wingspan up to 79 feet. I'm just curious about, on your
final drawing you showed a clearance zone of 75-foot wingspan.
Scott Coffman: Sure.
Council Member Wilt: Is there an issue there?
Page 4IAugust 8, 2023
Scott Coffman: On the bottom side of the Town T-hanger is the yellow building, that is the entrance
and exit taxi lane to the proposed hangar. That's where the 79 foot which is what our Airport is
designed for, size aircraft and taxi. On the backside, on the Miller Drive side of our T-hanger, those
are only designed for 40-foot wingspan aircraft, that's why it's smaller.
Council Member Wilt: Those maximum size aircraft won't go through that backside?
Scott Coffman: They won't go through that backside of the hanger, not without hitting something.
Council Member Wilt: Got it. I was concerned about four feet of wing. Just on the generic question
on the RFP, so for Leesburg and the size of our economy here and et cetera,when we do an RFP
like this, why do we think we only get one response?
Scott Coffman: That's a great question. I may defer a little bit to the Town Attorney's Office on
procedure, but I can tell you as a Manager, I get approached by people in the public that are
interested in building at our Airport, and I add them to my own little list of people that I notify. They
have different ideas, and they probably have different reasons why they did or did not build.
On this proposal, I know of two, maybe three that actually came,talked to me, mapped it out, and
then they talked to potential customers that if they're going to build it,who are they going to put in it
and try to see if they had commitments to fill that need.At the end of the day, I don't really know why
each person made their individual decision. It wasn't made in a bubble or a vacuum,this was people
coming to the Airport and talking to me.
Council Member Wilt: Maybe it's just something as a generic topic for future consideration because
this is the second, the Liberty Street Lot RFP only got one response also. This is another one which I
would think this would be a significant opportunity that we would generate some interest in. Maybe
somewhere in how we're doing the crafting RFPs,we might want to take a look at next time to
generate a little more competition to get deals for the Town.
Christopher Spera: If I can jump in, Scott, Madam Mayor. Ultimately, it's going to be the decision of
the individual party whether or not they make a response or not. We have procedures in place,
anybody who's expressed an interest in receiving notifications from the Town either through our own
bid board or through the state EVA, a bidding site or notification site, all those people get on the list
and when we send something out,they get notification too. Scott has his own list of folks who have
contacted him over the course of time that he shares information with. To me, your point is well taken
with respect to the response level that we got on Liberty Lot and the response level that we got here,
but I think the common element in both of those parcels was that they're kind of small. This was a
residual piece left over from the Town development that we did in the northern part and Liberty Lot, as
we all know has some size and configuration challenges as well. I don't know, I will commit to you
today that I will work with my staff and Procurement to be sure that we disseminate information as
fully and fairly as humanly possible, but by the same token I think that there are factors related to both
of the sites that you alluded to that might drive down interest, primarily their size.
Council Member Wilt: That may be good. That might be valid.
Christopher Spera: [crosstalk] My commitment to you is, we will reexamine our process and be sure
that there is as full and fair circulation as possible.
Council Member Wilt: We can create some assertive competition for Town business I think that
would be positive. Thanks, Scott.
Scott Coffman: Thank you.
Mayor Burk: Have we changed our mind?Do we want to ask questions now?
Council Member Bagdasarian: We have changed our mind. No, to piggyback off of Patrick's
comments as well, we need to ensure competition and I'm personally surprised. Are you surprised
that there are two FBOs on the property that one of the FBOs did not respond to this and we did
Page 5IAugust 8, 2023
receive a letter of, I don't want to say protests of concern that they were not made aware of the RFP
and first would you just address the fact that there was one RFP response and one of the other FBOs
that has been a partner for the Town for many years did not respond. Was there any interaction on
that front to address that or make them aware?
Scott Coffman:Well,they participated in our Airport Commission meetings where the framework of
this RFP and the lease was discussed, and updates were given. I'll agree that I think a little bit in the
past we've jumbled procurement with these land lease offerings and they're different animals in the
eyes of the law. I think with Chris's leadership here now, we kind of disconnected procurement and
the Virginia Public Procurement Act from this process and went to--We basically followed what the
Liberty Lot and other more recent land offerings have done.
Council Member Bagdasarian: Maybe it's for the Town Attorney. How does the Liberty Lot project
differ or are they similar to this particular land lease opportunity?
Christopher Spera: There are elements of an RFP process that are carried over into the Liberty Lot
project. The Liberty Lot project, however,was offered under the Virginia Public Private Partnership
statute where this was simply--There's a different section of the State Code 15.2-2601 that governs
the sale or lease of public property. That was the process we took there, there are elements that
overlap and using the RFP process is one of them. There are similarities in that respect but there are
differences in what you can do, certain restrictions that apply when you're doing a public private
partnership which is not what we're doing here. This is simply the lease, a ground lease of publicly
owned property for the maximum period of time allowed by the Virginia State Constitution.
Council Member Bagdasarian: Thank you. Mr. Coffman, I mean,were you surprised that there
weren't more responses to this request?
Scott Coffman: I expected one or two more just based on the people that had come to my office and
communicated with me who they were working with, like a light general aviation aircraft manufacturer
that sells a lot of airplanes in this area. They were trying to build a facility that would attract that
manufacturer to lease and sell airplanes from that facility, but I don't think they had the interest from
the manufacturer. That's probably more specific than I wanted to share, but give you some reality to
what folks are looking at at the Airport.
Council Member Bagdasarian: Just to address the concerns outlined in the letter, did we follow the
standard procurement process that we've done for other projects at the Airport, as far as posting it to
our bid board, posting it to EVA, posting it to--it's obviously in that paper.
Scott Coffman: It is not posted to EVA, that's probably-- I looked at EVA the other day to see what
other Airports and Suffolk County Airport was the only other one that came up along with Leesburg on
a search from that, so I'm not sure how many Airports are using EVA as an outreach site. You guys
have seen the news that Manassas Airport has got all this commercial interest. They did an RFP for
that, and they're building out their terminal, but none of that showed up on EVA.
Council Member Bagdasarian: I know, as a business owner, multiple businesses and we do
business with the Commonwealth in the importance of being notified especially through EVA, and I
just want to make sure that we're ensuring fairness and open competition in all the projects we do,
including, you mentioned, Liberty, but in any procurement that the Town does, we want to ensure that
we are making the best decisions on behalf of our taxpayers, and that's done through competition.
Scott Coffman: I know. Chris and I talked. Like Chris said, he's committed to putting this out there
and there may be better channels than EVA that get out to the aviation community nationwide that
may be worth the investment to advertise on.
Mayor Burk:All right. Thank you. Ms. Nacy.
Council Member Nacy: Thank you. Just for the public's benefit, when does an RFP and you can say
specifically this one, but in general, when does an RFP open? How long is it open for?When's the
close date? How long do people have to respond?
Page 6IAugust 8, 2023
Scott Coffman: Well, the timing on this one was based on the construction of our North End projects,
so as this project was wrapping up, and we knew we had some hiccups early on, they found a lot of
rock and things, so I didn't want to put it out too early. As we knew the project was wrapping up, we
developed the RFP and advertised it to coincide with that timing. I know it was advertised for greater
than 30 days, I don't know. I'll let Chris answer.
Mayor Burk: Mr. Spera, can you answer that question?
Christopher Spera: You can build in as much time as you want. In a particularly complex one, you
might want to give respondents more time, but all that's laid out in the initial RFP here, our recollection
was it was 35 or 40 days that the person had to respond. Then,just like any other RFP process,
there's a period of time where any respondent and the staff can engage in some back and forth if
something's not clear, or if there's some information that's missing, but baked into the process before
it comes to you is the opportunity for dialogue between any and all of the applicants and staff as well
as time for a revised document be prepared if something was missing or omitted or for the clarification
was required by staff, and then for staff just to evaluate everything?That's a separate process from
that dialogue.
Council Member Nacy: Yes, so is there a question-and-answer period that you release an RFP, and
then people can come back with questions?
Christopher Spera: Yes.
Council Member Nacy: Okay. There's definitely opportunity there. Then just for my own education
because I'm not as-- I'm more familiar with the federal government's RFP process and not the
Commonwealth, where are these usually posted?You mentioned some sites that I'm just not familiar
with, could you--?
Christopher Spera: The requirements that they'd been noticed publicly in the newspaper. In addition
to doing that,which we did, we also took advantage of our bid board, and then as I alluded to earlier,
we also took advantage of the informal communications and touch points within the industry that our
Airport Director had as well as people who had registered through the two, either through our bid
board or through EVA who had expressed an interest in receiving notifications from the Town.
Council Member Nacy: Okay. I was going to say is there a requirement?
Christopher Spera: None of that was statutorily required, I think that was your question.
Council Member Nacy: Yes.
Christopher Spera: Yes, none of that is statutorily required.
Council Member Nacy: Okay, great. Then in addition to all of that, you've been talking about it at the
Airport Commission with the Airport Commission for some time before the official RFP is even
released, right? It's not like it just drops out of the sky and people have to scramble, there's some
steps in place that are not as official to make sure that--Okay,thank you. While I agree that, yes,
competition is important, I do think there needs to be some onus on the business owners as well to be
monitoring these boards, to find these RFPs, to bid on. It doesn't necessarily make it fair or
competition if you drop something in someone's lap and say, "Here, bid on this."You know what I
mean? I definitely agree, competition is necessary. I am going to put some of the owners back on the
business owners here. Thank you.
Mayor Burk: Council Member Cimino-Johnson.
Council Member Cimino-Johnson: Thank you, Scott. My questions would not be about RFPs. The
$2.13 a square foot, how does that align with our current leases?
Page 7IAugust 8, 2023
Scott Coffman: The next highest lease, don't quote me on exact pennies, which I think it was bid
around$1.15 to$1.20 per square foot. [crosstalk]We get small increases, 3% based on inflation per
year.
Council Member Cimino-Johnson: That was going to be the next question.
Scott Coffman:A good, surprising number higher. Well above what competing similar airports are
also receiving for their market rent. A lot of airports, it's under$0.60. It really depends on the site. Raw
land,that's just grass that they have to fully develop and build all the infrastructure is going to be
much lower than this site,which has the apron and utilities brought to it already.
Council Member Cimino-Johnson: Okay,thank you.
Scott Coffman: When I'm comparing that other$1.10 to$1.20 number, that was also with a prepared
site on apron.
Council Member Cimino-Johnson: Okay, thank you.
Mayor Burk:All right. Thank you for the presentation and answering all the questions. Appreciate it.
At this point, I'd like to invite members who have signed up to speak. The first person who has signed
up to speak is Mr. Chuck Kuhn, followed by Scott Kuhn. Thank you.
Chuck Kuhn: How are you? I'm Chuck Kuhn, President of J K Land Holdings. Really, I wanted to
sign up just to give you an opportunity to answer any questions you all might have, shed a little
different light.
Mayor Burk: Would you mind spelling your name for the closed captioning?
Chuck Kuhn: Great. Happy to. Chuck, C-H-U-C-K, last name K-U-H-N.
Mayor Burk: Thank you.
Chuck Kuhn:JK Land Holdings. Couple of fun facts. I want to first thank you all for your time and
consideration on this lease tonight. As you all know, we stood in front of you about two and a half,
three years ago for the previous lease. The rates that we filed for this lease are 92% higher than the
highest lease that exists at Leesburg Airport. It's the highest lease we could find at any of the
surrounding Airports, Gaithersburg, Frederick, Manassas, or Leesburg.A couple of fun facts. Prior to
this lease, you all approved another lease at the Airport where we invested in a hangar.
That hangar investment ended up resulting in 34 new jobs coming into the Leesburg Airport with an
average compensation of$102,000 plus benefits. If this hangar is approved tonight, Scott Kuhn will
be adding 21 additional jobs, maintaining the same$102,000 average plus benefits. With the
proposed hangar that Scott talked to you about earlier this evening, Kuhn Aviation and JK Land
Holdings has invested $13 million in three years in the Town of Leesburg and Leesburg Airport alone.
A question was raised on why one bidder.
From my perspective, the question would really be, Leesburg Airport has existed since 1964,
approximately 59 years. Why has this ground gone without any interest in a lease in almost 60 years?
The answer to your question and the answer to my comment, I think, is these are terrible investments.
As I mentioned earlier, we're putting $13 million into the Airport. If I put$13 million into a warehouse
or$15 million into a data center, 30 years from now, my money would quadruple-plus. When we put
$13 million into Leesburg Airport, 40 years from now, we will walk away with nothing. As you know,
the lease expires and the property comes back into the possession of the Town, and it's a zero-sum
game for the investment. Why make the investment?The investment is being made really to support
Kuhn Aviation as an operating company. Leasing aircraft is profitable. Owning hangars at Leesburg
Airport on a 30 or 40-year lease is not a profitable venture. I think that's probably why the incumbent
hasn't made an investment in the Airport in 13 years and why you're not getting multiple bids. I
personally think the bid was well advertised. We were well aware of it.A lot of communication around
the Airport. It's just not a great investment.
Page 8IAugust 8, 2023
Again,thank you for your time and consideration.Any questions I can answer on what Scott reviewed
or what's going on with respect to Kuhn Aviation at the Airport?
Mayor Burk: Mr. Wilt, do you have something you wanted to ask?
Council Member Wilt: Just one question. It was thinking along the investment lines. You said the
lease rates offer 92%to any other lease at Leesburg Airport. Why?
Chuck Kuhn: The highest previous lease at the Airport was the JK Land Holdings hangar three years
ago. This space was important to the growth of Kuhn Aviation. We were expecting more competition,
just if nothing else, to get in the way of Kuhn's expansion at Leesburg Airport. We elected to bid high,
92% high. If you look at the volume, I'm sure you all have seen the increase in volume since the
inception of Kuhn Aviation at the Airport. I think what you all granted and allowing Kuhn Aviation to
start at the Airport has brought Leesburg back on the map. Back is a vibrant Airport with market
pricing that people can afford to buy fuel at.
Council Member Wilt: Thank you.
Chuck Kuhn: Thank you.
Mayor Burk: Thank you very much. We do appreciate the investment and appreciate the effort that
you put into Leesburg Airport. Thank you very much.
Chuck Kuhn: Thank you all.
Mayor Burk: Scott, did you want to add? Nope, the other Scott.
Chuck Kuhn: There's too many Scotts.
Scott Kuhn: He's taken all my talking points.
[laughter]
Mayor Burk: All right. Is there anybody in the audience that did not sign up that would like to speak at
this point? Seeing no one, I will close this public hearing. If there are no additional questions, I will ask
for a motion. Mr. Cummings?
Council Member Cummings: Yes, I move to approve the proposed ordinance to authorize the
Mayor to execute an agreement with Kuhn Jet Center to lease land, construct and operate an aircraft
hangar at Leesburg Executive Airport.
Mayor Burk: Thank you. Seconded by-- How about if we---All right. They fight over these things. You
got to keep it. It was moved by Mr. Cummings. It was seconded by Vice Mayor Steinberg. All in favor
indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed?All right. That passed. Congratulations.
Chuck Kuhn: Thank you.
Mayor Burk:All right, that takes us to our next item, which is TLOA 2023, the next public hearing. Let
me get to it here. Sorry, there's the second one. On this one, I will call to order August 8th, 2023,
public hearing of the Leesburg Town Council. Unless there's an objection, I'll dispense with the
reading of the advertisement. If you wish to speak, we ask you to either sign up on the sheet in the
hallway outside of 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
Page 9lAugust 8, 2023
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 order adopted by this Council, the three-minute time limit applies to all citizens.
Rather than have numerous citizens present remarks on behalf of the Council, 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 hearing is as follows.
There'll be a brief presentation by staff about the item. Second, members of the public that have
signed up to speak will be called to make their comments. The public hearing agenda item tonight is
TLOA-23-0004, Commercial Definition and Use Standards.
Mike Watkins: Madam Mayor, Members of Council, good evening. Again, the purpose of this text
amendment is to amend the Zoning Ordinance to redefine the definition and use limitations for an inn,
which is currently limited to 15 rooms. A little bit of background. Council was petitioned by a developer
who's proposing a redevelopment project in the downtown. This redevelopment project proposes 40
rooms, and the effective amendment makes an inn like a hotel, but more importantly, it amends the
number of rooms from 15 to 40. You've seen this slide before,just briefly going over it. We do have a
range of intensities for lodging uses. It ranges from a home stay, which is a single room, all the way to
a motel or a conference center.
When we rewrite the Zoning Ordinance, some of these uses may be consolidated, but definitely
reevaluated. Today, the definition for an inn reads as a commercial facility for housing and feeding of
transient guests in a building containing no more than 15 guest rooms without cooking facilities.
Commercial use to rental the property for business meetings, seminars, receptions, or similar events
or activities shall be permitted. Takeaways from this slide. Again, the number of rooms is currently
limited to 15. Accessory uses are limited to guests of the facility, and the facility can be rented for
meeting, seminars, or receptions.
The definition of hotel, again, here it's any single building or group of dwelling units, combined or
separated containing guest rooms for the purpose of housing transient guests. Each unit of which is
provided with its own toilet, washroom, and off-street parking facility,which may include features such
as conference rooms, a restaurant, a snack bar, or a swimming pool or exercise room that would
attract clients'health other than transient guests.Again, here, a couple of takeaways, the number of
rooms is unlimited, and accessory uses are used to attract patrons other than the guests.
Some people are visual people and like tables.Again, here, this table identifies three different criteria,
number of rooms, accessory uses, and the review process. For a hotel and inn the number of rooms,
there's no max or minimum for a hotel and is currently limited to 15. Accessory uses for a hotel is
limited to a restaurant. It's not limited, but a restaurant can be a separate business. An inn, it's limited
to the guests only. Meeting rooms can be separate businesses for a hotel, whereas an inn, they're
limited to the guests and the review process.
Fora hotel B1, it's a special exception. In the B4 and the I1, it's a minor special exception. In the B2,
B3,they're by-right uses, and that goes for the inn as well. B1, B2, B3, B4, it's by-right. The proposed
ordinance again modifies the definition to strike through 15 and add 40. Pros and cons of this
proposed amendment. The Town Plan encourages at least one additional hotel near the downtown to
promote tourism. The Town Plan designates downtown as an area to strengthen. Where carefully
designed infill development is appropriate, provided it does not compromise the historic character.
Again, you also have the Board of Architectural Review that acts as your sounding board for historic
character. Additionally, the proposed amendment will expand by-right infill development options. It
creates flexibility for different business models of lodging uses. Some of the cons, it creates two
similar uses, which sometimes makes it hard to administer the ordinance. Then lastly, legislative
review would not be required to evaluate potential impacts to the neighborhood or community as part
Page 10IAugust 8, 2023
of a public process. This slide highlights what the planning commission did and their
recommendations. Their public hearing was June 15th of this year. There's no public comment
received. The inn generally agreed that an inn should be a lower intensity use from hotel. The
Commission's concerns included parking, downtown infrastructure, and retention of the legislative
oversight. By a vote of 7-0, the Commission recommended not to change the definition for an inn.
Their basis was that a spectrum of lodging options already exist to accommodate economic
development opportunities, and there's still opportunity to get tourism downtown with the current
system.
Staffs recommendation, again, if the Council wants to proceed and attract the boutique hotel in the
downtown, then staff supports an increase in the number of rooms for 15 to 40. This will allow more
intensive lodging use, classified as an inn, to be established downtown by-right as opposed to going
through a legislative special exception review. There are draft motions for the Council's consideration,
and I'm happy to answer any questions that you may have.
Mayor Burk:All right. I have a couple of questions. Can you explain to me why we would change
from an inn to a hotel when you really do away with the inn, it becomes a hotel.
Mike Watkins: That's one of the considerations Council will have to take with this amendment. We
highlighted the fact that there is a spectrum of lodging uses in Town currently. Mayor, you're right that,
in essence hotel and inn could be considered similar. In this particular instance, if there's competing
interest to attract businesses to the downtown,that's a discretionary decision you'll have to make.
Mayor Burk: I don't understand why you would have to change to a hotel because a hotel has no
minimum of maximum rooms. Maybe you can't answer that. The other question I have is, by changing
the definition, does it still limit all the services to the guests only?
Mike Watkins: Yes, ma'am.
Mayor Burk: There doesn't have to be a restaurant, or does there have to be a restaurant to serve
the guests?
Mike Watkins:There doesn't, there does have to be feeding of the guests, but those facilities will be
geared towards the guests themselves and not advertise it as an independent business.
Mayor Burk: Okay. All right. Thank you. I appreciate that. Anybody else have any questions?Council
Member Cimino-Johnson?
Council Member Cimino-Johnson: Ara was first.
Mayor Burk: That's all right.
Council Member Cimino-Johnson: If somebody wants to build a hotel and there's not enough
parking because isn't it one-to-one room per one parking spot?
Mike Watkins: Currently, yes, sir.
Council Member Cimino-Johnson: Okay. What options would they have if they can't meet the 40
parking spots?
Mike Watkins:The current options today would be the fee in lieu.
Council Member Cimino-Johnson: Okay. Is that it?
Mike Watkins:They could design alternate parking on site. Structured parking could be an option.
Council Member Cimino-Johnson: Okay. That's it. Thank you.
Page 111August 8, 2023
Mayor Burk: Mr. Bagdasarian?
Council Member Bagdasarian: Yes. Hopefully again, is there a reason why we differentiate between
an inn and a hotel, and especially with the hotel having unlimited rooms because that's strictly based
on its form factor?
Mike Watkins: I think again, when the ordinance was drafted, there was a need or a want, I should
say a want for a hierarchy of the uses. The number 15, as far as the rooms are concerned for this
type of lodging use, may have been considered as low impact and that's why it was by right and
therefore the limitation.
Council Member Bagdasarian: Pardon me if I missed it earlier, doesn't the County define an inn as
up to 40 rooms? Is that correct?
Mike Watkins: The scale's a little bit different.There's a very large acreage requirement for this use
in the County, so it's not quite an apples-to-apples comparison.
Council Member Bagdasarian: Okay. Thank you.
Mayor Burk:Anyone else at this point? Mr. Wilt?
Council Member Wilt: Yes,just one. It's just some wording in the ordinance. The change of this it's
on page. I'm looking for the page. I'm on page 8. Strike through the--that's the page. This phrase
"without cooking facilities"that I didn't really understand that in its original form and I still don't quite
grasp the application of that because we're retaining it.
Mike Watkins: It was an effort to exclude an efficiency unit, so intending it to be a much longer
resident-- not establishing residency. Again, not having been here when the ordinance was
presented, my guess is that when the definition was crafted, it was to avoid somebody establishing
residency in this type of facility.
Council Member Wilt: Okay. What this means, if I added another word,that this is 40 guest rooms
total. All without cooking facilities.
Mike Watkins: Correct?
Council Member Wilt: Is what this this means?
Mike Watkins: Yes.
Council Member Wilt: Okay. That's clear. Thanks, Mike.
Mayor Burk: Council Member Nacy?
Council Member Nacy: Can you just remind me what the difference between a special exception
and a minor special exception is?
Mike Watkins: Absolutely. The special exception includes a staff review of an application,that's then
forwarded the Planning Commission. The Planning Commission makes a recommendation to Council.
With a minor special exception, that application comes directly to Council.
Council Member Nacy: Okay. Thank you.
Mayor Burk:All right, thank you. We do have three speakers. The first speaker tonight is Kevin Ash,
followed by Dylan McGreevy.
Kevin Ash: Good evening, Mayor, Vice Mayor. Good to see everybody. Members of the Council. I
guess we've talked about this in the past. I've come and spoken before you. I want to start off by
Page 12IAugust 8, 2023
again saying that this Town was established with an inn that had 55 rooms that lasted for over 100
years in the Town before it became Town offices, and then part of the court system removed it. This
Town has had hospitality rooms in the downtown historic area for a very long time. For over 100
years,the Town had an inn that was over 55 rooms.
Secondly, 33 years. The current ordinance and definition of an inn, as it's written today, has been
here in the Town for 33 years. Working with the Town staff,they have advised us that there has never
been an application for an inn in the Old Historic District. For 33 years,we have an ordinance that is
never used. As a developer, I can tell you 15 rooms is not financially viable. If we have an ordinance
that is not financially viable, the Town loses a lot of tax revenue with opportunity to bring hospitality
into the Town, into the historic fabric of this Town. For 33 years, there's never been a single
application for an inn in the Old Historic District.
For 25 years, economic development has supported hospitality in the Downtown Historic B1 District.
For 25 years of reports, economic development has found a need for this type of development in the
Old Historic District. I have a specific project that I would like to bring to fruition with more hospitality
units. This project is already approved through the BAR. It's in keeping with the Town fabric under the
Town height limits. I think it would be a missed opportunity for the Town if we didn't allow more
hospitality units.
I could hold up to 39 units hospitality rooms in the structure that I have approved through the BAR that
has a site plan into the Town right now. This project, as a 39-room inn,would generate an excess of
$500,000 in different tax revenue for the Town. As an office building, it would generate about$75,000.
I ask Members of the Council to really understand the fiduciary differences between $75,000 and
$500,000. Also, an inn will bring an excess of 40 new jobs to the Old Historic District. That's a big job
opportunity component to the downtown area.
I've also listened to economic development and staff and needs of other businesses here in Town,
and the need for other meeting spaces down here. Russell, early on in my exploration of this
opportunity, said that there's no real big meeting space downtown anymore with a loss of the Mason
Enterprise Center. In my development, I have 1,000 square-foot conference center that will hold up to
75 people for different meeting venues, receptions, and what have you. I think it would be a missed
opportunity if we don't increase commercial inn to 40 rooms.
We've also done research for the Town of other historic communities throughout the region. Similar
areas such as Charleston, where they have a by-right hotel room count of 50. I think 40 rooms really
represents the smaller size of Leesburg. I think other developers could take opportunity of a by-right
use, but again,the Town can find solace in that if it doesn't meet the BAR requirements, and if it
doesn't pass through BAR, then it won't be allowed. The fear of larger developments coming in is
really not a viable fear because the BAR really controls the size and the fabric of these buildings that
are in the H1, B1 District. Thank you all for listening. Really appreciate it.
Mayor Burk: Thank you, Mr. Ash. Dylan McGreevy followed by Trevor, I can't read your last name.
Trevor lkwild: lkwild.
Dylan McGreevy: lkwild.
Mayor Burk: lkwild. Thank you.
Dylan McGreevy: Thanks, everyone, for giving me an opportunity to speak. My name is Dylan
McGreevy. I wanted an opportunity to say a few words about the benefit of this definition change here
for my business and for many other businesses in Town, specifically in regards to the event space. In
my business, relationships are everything. Cultivating those relationships, having a space to meet
with people to grow those relationships is huge. Right now,that space doesn't exist in Town. When
we have times that require me as a construction owner or an owner of a construction business to
meet with architects and engineers, and developers, other key stakeholders in large projects,we
leave the Town to meet in other spaces. That's lost opportunity for this Town.
Page 13IAugust 8, 2023
I love this Town. It's got a great food scene here. There's great nightlife, great shopping. That's all
taken elsewhere. The idea that we would have a space in this Town for me to hold event space, put
on meetings is huge because after those meetings are done,we end up staying in Town, utilizing the
different shops, the bars, the restaurants. I think that there's a compounding benefit, not just to me
and the convenience it would have to just walk down the street, but the benefit of all the other
business owners in Town to have that. It attracts other people here. I hope that that's a clear benefit
that's seen just that one piece of a result of this text amendment. Thanks.
Mayor Burk: Thank you. Trevor.
Trevor lkwild: Good evening, everyone. My name is Trevor lkwild. I'm speaking to you tonight as
somebody who's got their business here in Town. I'm a partner in a wealth management practice off
of South King Street. I'm also a Loudoun native speaking to the business aspect of it. I know just for
our practice alone, we have clients, and I think it's over 31 states, all of which when they come to visit,
they stay east. It'd be great to have a place for them to stay here in Town close to the office, as well
as for the business meetings, being able to do seminars, lunch and learns,things like that. There
really is not a great space in downtown Leesburg to facilitate that as it stands today.
Speaking to you as a Loudoun native, married to a Loudoun native in our mid-30s,we just went
through the whole saga of life of weddings every other year for a long time,which we love, happy to
be through, but same thing, when people come from out of Town, we want to show off Leesburg,we
want to show off Loudoun County but 9 times out of 10, everybody stays east. They do not stay in
downtown Leesburg. Thank you. That's all I had,just showing my support for the change of the
zoning.
Mayor Burk: Thank you. Thank you, gentlemen, very much. May I ask a clarifying question? In the
chart that you have, you have inns.This change would not refer to- it would not do away with the term
inn. Inn would be a 40-room establishment now.
Mike Watkins: Correct.
Mayor Burk: In this inn, accessory uses, such as a restaurant or meeting rooms, are limited to guests
only?
Mike Watkins: The difference in the two are, is that the inn, those accessories uses are geared
towards the guests, however, the facility can be rented for the meeting room, receptions, and whatnot.
Mayor Burk: Your chart is just a little confusing in that.
Mike Watkins: Sorry.
Mayor Burk: The chart is just a little confusing because it says limited to guests only.
Mike Watkins: Got you.
Mayor Burk: You're saying that they could still rent it out just as the gentleman suggested?
Mike Watkins: Yes, ma'am.
Mayor Burk: Okay.Thank you for the clarification. Is there anybody else in the audience that would
like to speak that didn't sign up?All right. Does anybody else have any other questions?
Vice Mayor Steinberg: I'd like to offer a motion.
Mayor Burk: I got to close the public hearing. Mr. Vice Mayor.
[crosstalk]
Page 14IAugust 8, 2023
Vice Mayor Steinberg: Thank you. The motion would be, as recommended by the Planning
Commission, I move not to change the definition for an inn on the basis that the spectrum of lodging
options already exists to accommodate economic development opportunities, and there's still
opportunity to get tourism downtown with the current system.
Mayor Burk: Is there a second? I'll second it for discussion. Did you have anything more you wanted
to say?
Vice Mayor Steinberg: Yes, I do. The Planning Commission went over this extensively, and the fact
is there are many opportunities within the regulations for the downtown,which is a very specific area
as opposed to the rest of the Town or Loudoun County for that matter. Basically, all we're talking
about is changing the definition of an inn, which is allowable as is a hotel. Anytime an applicant
wishes to increase the number of rooms they simply have to change designations, which then, also,
allows them additional potential for other types of operations within the hotel. In my opinion, and the
Planning Commission's opinion with a 7-0 vote, the downtown represents very specific needs and
requirements.
The current regulations and zoning allows us what many feel to be the necessary oversight to control
a very tight area. Now, as it stands,we have not only one but two potential applications for hotels now
in the downtown area, both within close proximity of each other, not to mention interest in developing
additional meeting space in a variety of locations in the downtown area. Of course, we know the
Malone family recently completed their atrium over at the Birkby House. We are seeing not only--We
know there's a demand and perhaps it's hit the tipping point where we will see the necessary facilities
created.
It's not that the Town Council doesn't recognize the benefit, we do, but I am not sure it's advisable.
Well, I know it's not advisable that we give up what I consider important oversight and what happens
in terms of a very tight and historic district. This is why I would be willing to support the Planning
Commission's 7-0 vote. Thank you.
Mayor Burk: Anyone else?The only thing, and I think I've spoken to you, Kevin, about this
previously, I like the idea of the hotel, I like what you showed and all of that, my problem comes down
to the changing it to a by-right because I want the public-- Once we do that, the public is no longer
involved in it and that concerns me.
Kevin Ash: I disagree because the public is involved.
Mayor Burk: That's okay. That's all right. There's no back-and-forth here. That's all right.
[crosstalk]
[laughter]
Mayor Burk: I'm sorry. I understand the need. I understand what you're trying to do and what you're
trying to accomplish and I'm not going to be able to support it because of the by-right as opposed to a
special exception but otherwise, I think this is a great idea. If there is a motion on the table. I
seconded.All in favor of the motion to deny the change from the number of rooms from 15 to 40 in the
designation of an inn. All those in favor of that indicate by saying aye.
Vice Mayor Steinberg:Aye.
Mayor Burk:Aye. Opposed.
Members: Nay.
Mayor Burk: That will be two in favor and five in opposition. Do I have another motion?
Council Member Cummings: Yes, Mayor.
Page 15IAugust 8, 2023
Mayor Burk: Mr. Cummings.
Council Member Cummings: I move to approve the proposed Zoning Ordinance amendment,
TLOA-2023-0004, revising article 18 for the purpose of revising the definition of inn based on the
findings that the amendment further objectives of the Town Plan and that the proposal would serve
the public necessity, convenience, general welfare, and good zoning practice.
Mayor Burk: Is there a second?
Council Member Cimino-Johnson: I second.
Mayor Burk: Seconded by Council Member Cimino-Johnson. All in favor of the motion indicate by
saying aye.
Members: Aye.
Mayor Burk: Opposed?
Vice Mayor Steinberg: Nay.
Mayor Burk: Nay,that's the five-two. Congratulations, you got the zoning change in place.All right
next one is the next public hearing, is the call to order this August 8th. It's just a whole new array of
everybody coming in. Everybody's different. I call to order this August 8th public hearing of Leesburg
Town Council. Unless there's an objection, I will dispense with the reading of the advertisement.
If you wish to speak,we ask that you either sign up on the sheet in the hallway outside of the 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 observe the five-minute time limit. The green light in front
of you will turn yellow at the end of four minutes, indicating that you have one minute remaining. At
that time, we would appreciate your summing up and yielding the floor when the bell indicates your
time is expired.
Under the rules of orders adopted by the Council, the five-minute time limit applies to all citizens.
However, rather than have numerous citizens present remarks on behalf of a group,the Council will
allow a spokesperson for a 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 will be, first, there'll be a brief presentation from staff, and second, the
members of the public that have signed up to speak will be called to make comments.The public
hearing item on the agenda for tonight is TLOA-2023-0002 I-1 District Height Increase.
Brian Boucher: Madam Mayor, Members of the Council, back in February of this year,you all
initiated amendments to consider increased height standards for the I-1, we call it the
Industrial/Research Park District, and that was to accommodate multi-story data centers possibly and
other traditional uses that can be found in the I-1 such as office, et cetera. I want to talk a little bit
about what we're proposing, is the height amendment,what's in your packet, and it's this. Maximum
height in the I-1 District should be increased from 50 feet to 65 feet for all uses. That'd be a maximum.
Just want to explain, when we talk height in Leesburg,just recall that you can have mechanical
equipment on a roof, and if it takes up no more than 25%of the roof and is appropriately screened,
then that's not going to count towards the 65-foot height maximum. It does it for any 45-foot-high
building. Again, you can have 25%of the roof with mechanical equipment, but that must be screened.
One other thing we wanted to propose was, besides going up to 65 feet, we wanted to use something
that's already in the ordinance but clarified a little bit and it's this. If you are adjacent to a residential
property where we set up planned residential neighborhood or a planned residential community,
which are mixed-use zoning, and if you're adjacent to a property line with that, if you were proposing a
building that's taller than the setbacks--
Page 16IAugust 8, 2023
For example, in the I-1,the side setback's 20 feet, but here, if you put up, let's say, a 65-foot building,
for example,that building must be 65 feet from the property line.That's a section we have in the
ordinance that generally operates, but it really just says you've got to be next to a residential zoning
district. We haven't really considered the PRN and PRC or mix, but we think it's a good idea to have
this next to them because there's some I-1 Districts that are adjacent to those types of residential
mixed residential districts. In this diagram there is just trying to explain that.
Planning Commission heard this back on January 1s'. That was a public hearing. We came back on
the 15'h. The Commission recommended approval of the district by a vote of 5-2 with no revisions to
the language that's presented here tonight. The Commission that was for it recommended it on the
fact that the Town Plan encouraged its amending ordinances to attract commercial uses, including
data centers to the Town. They also thought that there were sufficient mitigations of the height
increase I think because of that setback to adjacent properties that they felt it was approvable.
There was a concern, the two who did not vote for it, that they didn't think that the height of the
building was in keeping with the character of Leesburg and were concerned about the potential
impact on residential development. Staff recommends approval of the languages. You've got it in your
staff report. Just to understand the impact of this a little bit here. I've got a map that shows you the
amount of I-1 zoning that is in the Town, remaining in the Town, and you can see it's about 39 parcels
total, about 309 acres, and 9 of those parcels are actually in architectural control districts today.
Again, that's that.
If you turn to the Town Plan, does it support something like this?Well, the Legacy Leesburg Town
Plan has several provisions to speak directly to this. One is the goal to significantly increase light
industrial/flex spaces. What it says is you can, hopefully, make this more possible through zoning,
land use, and Town review processes to improve them or alter them if necessary.
One of the other strategies in the dollar and cents portion was to diversify the tax base and
encouraging development of light industrial/flex space in Town to create new opportunities for data
centers and other high-value commercial uses in the remaining I-1 land that we have. Then again,the
Town Plan recognizes the significant revenue that's associated with data centers.Again, the idea was
to do things to try to,frankly, entice them into the Town and some of the remaining I-1 Districts we still
have. Evaluating I-1 District height is consistent with the Town Plan.
Existing regulations, again, in the I-1 District, maximum is 50 feet. That's another provision not to
exceed four stories. Note that certain facilities can exceed this maximum height limitation. I mentioned
mechanical equipment. You also can have a parapet at the edge of a building that can go up four feet,
and then other things like elevator towers, air conditioning units, et cetera. Again, they can be on the
roof as long as they don't occupy 25%, and we don't count that towards the height. Office, industrial
flex, and electronic storage data centers are by-right uses in the I-1 District. The 50-foot maximum
building height standard has been in place since 1990 when the district was created.
The effect of the regulations, okay, you can have a 50-foot-tall building. What we have heard is that
some of the uses that are permitted by-right in the I-1 District, such as data centers, are unlikely to
locate here because of the 50-foot height limitation. Again, market trends for data centers, they're
looking for something a little bit higher than that in these,what they call, multi-story centers. 65 feet is
something that is within that realm to achieve a multistory data center.
Obviously, greater height allows greater density and economy for builders,which is enticing to many.
Interesting to point out that there are currently no data centers in the I-1 District, although in some
areas, it's by-right, not subject to any zoning. I wanted to show you real quickly comparison with
Loudoun County, you can see that in some areas, they allow data centers to go up as high as 100
feet, but they'd have to be set back 100 feet from the property. That's to certain limited districts, but
potentially they could go that high, whereas,we're proposing 65 feet.
Whenever you're looking at a Zoning Ordinance amendment, this is just one of the things you always
have to be reminded of, in acting on proposed text amendments, Commission and Council shall
consider whether the appraisal is consistent with the Town Plan and the stated purposes of the
Zoning Ordinance. From a staff standpoint, we think that it is limited to the 65 feet and with the extra
Page 17IAugust 8, 2023
setback provision. I've got suggested motions up there for the Council, and we'll try to answer any
questions that you may have.
Mayor Burk: Thank you. Appreciate the information. Does anybody have any questions on this?
Council Member Cimino-Johnson.
Council Member Cimino-Johnson: Thank you for the presentation. 65, why 65 feet? I see here in
the County, 60, and I understand you can go up to 100, given if you can go back 100 feet, but why is
65?
Brian Boucher: Really,the 65 was in talking to folks, when it comes to, for example, if you talk of
data centers, 65 is something that they think allows them to get two stories of the way these buildings
are configured and so we thought it was reasonable. It's 15 feet over the maximum now. We have
other buildings in Town that are at least 65 feet, so it's not unprecedented.Again, given the limited
areas of the I-1 that we now have, we thought that it was reasonable. Again, we didn't go for
something like the County where you could go higher. We just thought something that goes much
beyond 65 feet just really does not fit the character of Leesburg from a staff standpoint. Again, some
Commission members thought even that was too high.
Council Member Cimino-Johnson: My other question is how many of the I-1s that you identified on
that map are next to residential?
Brian Boucher: The Commission asked me that--Gosh, darn it. I have to go back. [laughs]They did
ask me that, and I'm suddenly forgetting the number. I will say several of them are, but all of the ones
with really one exception that have residential across the border are not by-right. They're rezoned.
Technically speaking, you couldn't go and do anything there like, say, I want a data center at 65 feet.
You'd have to come back for a rezoning. The one exception is if you can think of where the FAA, the
control tower is, and back on Trailview there, there's some I-1 s that are between the W&OD Trail and
Trailview Russell Branch.
Council Member Cimino-Johnson: That's where I live. That's not--
Brian Boucher: In fact that's it. That is the point. I actually did a map to show that. I just did not
incorporate it into this presentation for the Planning Commission. That's one that's directly adjacent
and where the land could be a by-right use.
Council Member Cimino-Johnson: Thank you.
Mayor Burk:Vice Mayor.
Vice Mayor Steinberg: To refresh my memory, the infrastructure that goes on the roof above and
beyond the 65 feet, does that have to be consolidated within more the interior of the roof or can it be
dispersed across the--
Brian Boucher: It's 25%of the roof area, so it can be dispersed but it has to be screened. By-
ordinance, it has to be screened from public use. What people will do will put screens up, and they're
generally not that tall. Typically, what we get isn't that tall, but whatever we do get has to be screened.
Vice Mayor Steinberg: Okay. What we're doing here in no way addresses the substations. Is that
correct?
Brian Boucher: Yes. This doesn't have anything to do with substations.
Vice Mayor Steinberg: Okay. Thank you.
Mayor Burk: Mr. Wilt.
Council Member Wilt: Actually,just a minor clarification on the previous question. That additional
within the 25% of the roof space. There's no additional height restriction on that, is there?
Page 18IAugust 8, 2023
Brian Boucher: Right. If it's something that qualifies, then technically, yes, it could--We don't have a
height restriction on that, but you have to screen it from folks on the ground. That's one of the things
that helps limit the height.
Council Member Wilt: Okay. It's effectively controlled there and it has to be one of these particular
functions. It can't be additional, a third story of the data center.
Brian Boucher: Right. Like if you said I put a penthouse up there but it's small and it's only-- No, it
doesn't count. It's got to be mechanical equipment-
Council Member Wilt: Mechanical.
Brian Boucher: -maybe an elevator tower, something like that.
Council Member Wilt: All right. Good. Thank you, Brian.
Mayor Burk: This will, again, I want to reiterate, it'll be in the I-1 District not across. This doesn't
change the rest of the districts around Town. You're not going to have--
Brian Boucher: No, it's limited specifically to the I-1 District.Again, outside of a handful of the parcels
they're already rezoned. Even to take advantage of this height, in most cases,they'd have to come in
and ask to amend their current zoning. It applies to no other district.
Mayor Burk: Okay. All right. Thank you. I appreciate the information. I think it's something we should
think about doing at this point, but we have no speakers that have signed up. Is there anybody in the
audience that would like to speak on this particular topic? Seeing nobody, I will close this public
hearing.
Vice Mayor Steinberg: Madam Mayor, I'd like to offer a motion, please.
Mayor Burk: Yes, sir.
Vice Mayor Steinberg: I move to approve Zoning Ordinance amendment TLOA-2023-0002, revising
Article 6 non-residential districts to increase maximum height in the I-1 Industrial Research Park
District based on the findings that the amendment furthers objectives of the Town Plan and that the
proposal would serve the public necessity, convenience, general welfare, and good zoning practice.
Mayor Burk: Is there a second?
Council Member Cimino-Johnson: I second.
Mayor Burk: Seconded by Council Member Cimino-Johnson. All in favor indicate--
Vice Mayor Steinberg: [crosstalk]
Mayor Burk: Did you want to say something? Yes. [laughs]
Vice Mayor Steinberg: [chuckles]Yes.
Mayor Burk: Sorry.
Vice Mayor Steinberg: I do offer to approve this motion. What I'm hoping in creating this opportunity
for applicants is that within the Town limits at least we start seeing the Taj Mahals of data centers. We
are not, in my opinion, here to emulate what we see in Loudoun County. When we have a question
about 65 feet versus 100 feet within the Town limits, I think that has to be what directs our actions.
We can deal with the buildings. What we absolutely need to start thinking about is how we, in some
way, deal with the substations because they come with every data center and, of course, in terms of
Page 191August 8, 2023
the look of them, that is a very important aspect that we need to consider. I think we personally should
be very careful, cautious, and strict with what we are willing to consider and approve within the Town
limits. The revenue notwithstanding,we're still looking at a quality of life and what our residents
expect. Thanks.
Mayor Burk: Council Member, did you want to say add anything? No? No. The only thing I'll add to
that is definitely the power station is something we're going to have a discussion on, but we are in the
middle of creating design guidelines for these data centers so I'm hoping that they will be an attractive
addition to the Town and not a replica of what's out in the County, now that we've criticized the
County twice. So we got the motion. We got a second. All in favor indicate by saying aye-
Members:Aye.
Mayor Burk: -and opposed. That passes 7-0.
Brian Boucher: Thank you.
Mayor Burk: Thank you.All right. Our next public hearing. You guys are going to be able to say this
in your sleep too. I will call to order this August 8th, 2023 Public Hearing of the Leesburg Town
Council. Unless there's an objection, I will dispense with the reading of the advertisement.
If you wish to speak, we ask that you either sign up on the sheet in the hallway outside of 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 turns yellow at the end of four minutes, indicating that you have one minute remaining. At
that time, we would appreciate your summing up and yielding the floor when the bell indicates your
time has expired.
Under the rules of orders adopted by this Council,the five-minute time limit applies to all. However,
rather than have numerous citizens present remarks on behalf of the group, the Council will allow a
spokesperson for the group a few extra minutes. In that instance, we would ask speakers when they
sign up to indicate their status as spokesperson, the group they represent, and their request for
additional time. Our procedure will be, first,there will be a brief presentation by staff about the item.
Second, members of the public that have signed up to speak will be called to make their comments.
Public hearing item on the agenda tonight is for TLOA-2022-0006 Data Center Zoning Ordinance
Amendments.
Chris Murphy: Thank you ma'am.
Mayor Burk: Hello.
Chris Murphy: Good evening, Madam Mayor, Members of Council. I am here this evening to present
the staff report for Zoning Ordinance Text Amendment TLOA-2022-0006. This proposes to revise
definitions and terminology relating to data center uses, establish zoning districts where data centers
are permissible, and establish use and design standards applicable to data centers in all instances, in
all zoning districts. This item comes to Council with the Planning Commission's recommendation of
approval in a 5-2 vote after holding a public hearing, three work sessions, receiving input from the
Environmental Advisory Commission, the Board of Architectural Review, and a tour of an operational
data center.
During the deliberations on the proposed amendment,the Planning Commission made revisions that
include removing the B-3 District from consideration for data center use, expansion of green building
techniques per EAC recommendations, minimum building and substation setbacks from residential
and public right-of-ways were enhanced, minimum berm requirements added from residential uses
and districts and collector or arterial roadways, screening enhancements for substations added
through the use of walls, rooftop pole-mounted lighting was prohibited, and underground electric
service lines of 34.5 kilovolts or less was suggested to be buried underground. All of these items were
included in the ordinance before Council this evening.
Page 20IAugust 8, 2023
Some background information. How we got here. In pursuit of the guidance of the Legacy Leesburg
Town Plan to diversify the tax base by adding high revenue non-residential uses to the local
economy,Town Council adopt the resolution 2022-114 initiating this text amendment before you this
evening. At present, the Zoning Ordinance provides for electronic data storage centers in the I-1
district and data centers are a proffered use by-right in the Oaklawn Developments, PEC District, land
bays D and C.
These uses, however, come without any specific use standards or design criteria except for the
proffered H-2 design guidelines in Oaklawn and the Gateway District overlay were applicable in the I-
1 zoning district. Because neither the H-2 or the Gateway District Design standards contemplated
address industrial design typical of data centers, the BAR has nothing to measure, appropriate design
for a certificate of appropriateness relating to such applications in these districts. In order to avoid
complications, delayed reviews, or discouraging applications altogether, this amendment will establish
use and design standards specific to data centers that can be applied administratively.
Those use standards before Council this evening were derived from examining neighbor jurisdictions'
regulations, meetings and consultations with the data center industry representatives, input from the
EAC and BAR, and after public hearing and three work sessions at the Planning Commission that
mentioned previously.
The resulting ordinance have adopted by Council establishes and redefines electronic data storage
center as simply data center. It retains the use by-right in the I-1, it adds data center as a permissible
use in the Planned Employment Center Zoning District, establishes use standards that regulate
building placement, of building mass, façade design, equipment screening, landscaping, including
substations, and establishes the H-2 and Gateway Design or Gateway District overlays shall not apply
to data centers, the use standards shall apply instead.
This ordinance comes to Council with staffs recommendation of approval after finding that the text
amendment is consistent with the Town Plan and stated purpose of the Zoning Ordinance to protect
the health, safety, and welfare of the residents of Leesburg, and to implement the Town Plan pursuant
to the Zoning Ordnance Amendment approval criteria from Section 325. I conclude my presentation
with recommended motions for Council's convenience. Thank you for your attention. The staff are
here to address any questions.
Mayor Burk: Thank you very much.
Chris Murphy: You're welcome.
Mayor Burk: Does anybody have any questions on this? Mr. Steinberg?
Vice Mayor Steinberg: I hadn't even turned on. How did you know?
[laughter]
Mayor Burk: Gee.
Vice Mayor Steinberg: Chris, if you would, can we go over basically what we're doing here? I
recognize basically what we're doing is establishing standards and guidelines, which is, I think, a
necessary thing to do regardless. We have the I-1. Basically, as our regulations currently read, within
the I-1, data centers would be permitted by-right. Is there a but to that? Meaning, what would the
process be within an I-1 then?
Chris Murphy: You mean with this ordinance or without it?
Vice Mayor Steinberg: With it.
Chris Murphy: With this ordinance?The use exists today as electronic data storage center. What
we're doing is we're refining the definition of that and calling it data center to simplify that. Other than
that, nothing would change. Except for with this now, electronic data storage center in the I-1 has no
Page 211August 8, 2023
use standards done whatsoever. If it's in the I-1, a portion that's within the Gateway District overlay,
then the BAR would have to have a certificate of appropriateness for review of any application and try
to figure out what that appropriate design is.
With this ordinance,we're hoping the design standards that are now specific use standards that you
must comply with will give a better, it's administrative review, but give us clear definition of what these
things need to look like. There's enforceable parameters like the building shall be constructed of these
types of materials, and this percentage of the wall shall be made up of this material, et cetera. It gives
us a lot more to work. Hey BAR as a data center, have fun. I think that's what we're trying to achieve
here.
Vice Mayor Steinberg: Within a PEC then, we are adding a permitted use, but not a guaranteed use.
Chris Murphy: Right, because remember, in order to establish a PEC, a planned employment center,
you have to go through the rezoning process. As part of the rezoning process,typically,you ask for
designs,you ask for site layouts, et cetera. You're just going to be a lot more review in the
establishment of these uses in a PEC District. Although it will be a permissible use, when we look at
concept plans for rezonings, the Planning Commission and you are going to want to know what's this
going to look like,where it's going to be. You can ask for more information to know more about what
it's going to look like, where it's going to be. We feel confident that although calling it a permissible
use from the PEC,there's that legislative process that's involved with establishing the PEC district in
the first place.
Vice Mayor Steinberg: Okay. Which of our districts could potentially be rezoned to PEC?
Chris Murphy:There's a minimum lot size of 5 acres. Other than that--
Vice Mayor Steinberg: Theoretically, quite few.
Chris Murphy: Theoretically, it could possibly go anywhere.
Vice Mayor Steinberg: What do we assume the time frame is for developing a solid set of the
standards and design guidelines?
Chris Murphy: We think they're pretty solid in the form they're in now.
Vice Mayor Steinberg: All right, thank you.
Mayor Burk: I'm a little confused. The design guidelines that we're talking about, we haven't
approved them yet.Are we talking about two different things?
James David: Thank you, Madam Mayor. What we're talking about is the use standards. They have
more weight than design guidelines. Guidelines typically is a separate piece from the Zoning
Ordinance. They're there to help guide, but these are requirements, and they address bulk, scale,
mass, orientation, location, percentage of fenestration, everything that's in that draft order. These are
design standards.
Mayor Burk: The guidelines will still come back to us.
James David: These are the guidelines,the standards.
Mayor Burk: Now, see, you're confusing me. You said they were the standards.
James David: Yes, well,what I'm trying to communicate is that they serve the same purpose as
design guidelines, but they have more weight because they are standards in your Zoning Ordinance.
Page 22IAugust 8, 2023
Mayor Burk:Yes, but, for instance,we talked about the windows, if we required windows that they
would have to have something to prevent the birds from hitting the windows. That's a guideline I
assume.
James David: Currently,we have fenestration requirements in the standards, there's a certain
percentage that's required. When I use the word fenestration, I'm talking about glass or faux glass
that appears like windows. We have that in different facades that is required a certain percentage of
glass or articulation. We don't have anything in here to address potential bird strike, of birds flying into
the buildings. If the Council would like us to revise the draft standards,we can certainly add some
additional standards in there to help potentially mitigate wildlife conflicts. You will see project-specific
commitments in proffers when you have a rezoning. It could come incorporating these standards by
reference, it could come via illustrative, it could come with additional design guidelines, but this is for
by-right data centers in I-1 District.
Chris Murphy: I think I get what you're at there, Madam Mayor. There are some elements within the
specific use standards that are encouragements. They're not requirements. For instance, there's
specific green building techniques, that under the advice of the Town Attorney, we can't require, but
we can certainly encourage.Again, you're going to have some of these things coming in, and they're
a rezoning, a proffered rezoning application, and certainly, the encouragement can be a little different
under a legislative approval process, and it would be by-right. I see your hesitation with that, but I
think that's where the confusion lies. Some of these elements within these standards are
recommendations that could be more of a hook in a legislative application situation, but the majority of
everything in here is, thou shalt do.
Mayor Burk: I'm still confused. I'm sorry. [laughs]
James David: It's okay.
Mayor Burk: I don't understand then what have we been working on in regard to design guidelines.
James David: We've been working on these seven pages or so of standards that are basically design
guidelines with more teeth. They say things like, your building has to be a minimum 30%windows on
a primary façade that faces a public right of way, on a secondary side,façade has to have articulation
and there has to be relief in the building walls.
Mayor Burk: Did we ever get a chance to look at that and say, "Yes,we like that idea,"or is this
something that came up administratively?
James David: This is the draft and the public hearing. The Commission took their 100 days and went
through each piece of this in detail, and we looked at different examples of data centers out there in
the real world, the Commission said, "We like this. We don't want to see that."Then we crafted this
language to shape what that desired look and feel of these buildings would be.
Mayor Burk: Okay. Anybody else have any questions?Yes, Council Member--
Council Member Cimino-Johnson: Under K, for additional setbacks, why did we reduce it from 300
feet to 100 feet from any property line immediately adjacent to residential uses?
James David: The K setback, I believe, staffs first iteration was 100 feet, the Commission, not all of
them, but a few said how about we go to 300 feet, but then they asked us to bring back analysis as to
what would that do to real-life properties. We looked at properties like over in Oaklawn, [crosstalk]we
looked at other properties, and it consumed a significant portion of the developable building envelope
when you went 300 feet back from the adjacent property lines. When the Commission evaluated what
the impacts of that 300 would be,they walked it back to 150 and felt like that was sufficient.
Council Member Cimino-Johnson: Then the other question I have is under parking, 11.3, number of
parking spaces required for data saying have one per employee at largest shift plus three visitor
spaces, is that three visitor spaces per employee-
Page 23IAugust 8, 2023
Chris Murphy: No.
Council Member Cimino-Johnson: -or three visitor spaces, period?
Chris Murphy: Period.
Council Member Cimino-Johnson: Because I read that as per employee.
Chris Murphy: No. That's the way we write it in the ordinance and other places, one space per
employee at largest shift plus three visitor spaces. If you have 35 employees, it's 35 parking spaces
plus three visitors for 38 total.
Council Member Cimino-Johnson: Okay. Thank you.
Chris Murphy: You're welcome.
Mayor Burk: Okay. Mr. Wilt.
Council Member Wilt: A general question. This is very detailed stuff,the seven pages. I would be
interested in actually being walked through this paragraph by paragraph in a sort of a working session
environment. Is that possible?
James David: Certainly, if Council wants to continue to work session, we can approach it that way.
Mayor Burk: Okay. We have Molly Novotny that would like to address us at this point?
Molly Novotny: Great. Good evening. My name is Molly Novotny. I'm an Urban Planner at Cooley. I
just want to say that we have worked very closely and hard with staff and the Planning Commission
on all of the details within this ordinance. We really appreciate the time and the effort that they put
forward. My only comment tonight, which I've already raised with staff, is just to make sure that it's
very clear that the data centers will be subject just to these design guidelines,this design standards
within this ordinance that they also would not need a certificate of appropriateness. When this
ordinance went to the BAR,the BAR said, "We don't want data centers to come back for a COA. Have
it go through the ordinance instead,"and so I just wanted to make sure that that's clear in the
ordinance.
I do think you know,to Councilman Wilt's comment about going through it, if we pull up the data
center standards and maybe staff walks you through some of those, it could be helpful because there
was a lot of time and effort, I mean, the Planning Commission had it for a full 100 days so it could be
helpful. Thank you.
Mayor Burk: Thank you.To her comment about the--What was your comment about, I forgot?The
appropriateness.
James David: Certainly, so what Ms. Novotny is likely referencing is the opening paragraph under
Section 9362. We made it clear with our Attorney's direction where these sections apply, and that
data centers that are currently subject to the Gateway District overlay or H-2 overlay that this
standards would govern not the Overlay District, and then that was consistent with what the BAR
recommended. I believe we can clarify that because the sticking point is that we reference design
guidelines but, really, it's the entire Overlay District that does not apply. I think a simple clarification
change there would meet the intent.
Mayor Burk: Okay. Mr. Wilt asked if we could go through these seven pages.
James David: Sure.
Mayor Burk:Are there four people that want to do that tonight to go through this? I know that the
developers are anxious to get moving on this so are you able to do it tonight?
Page 24IAugust 8, 2023
James David: Sure.
Mayor Burk: Do we have four people that want to do it tonight? Mr. Bagdasarian, Ms. Nacy, Mr. Wilt,
[laughs]okay, and Mr. Cimino-Johnson?
Council Member Cimino-Johnson: Have fun.
Mayor Burk:All right. If you don't mind, let's do it tonight.
James David: Sure. Chris, do you want me to pick it up or do you want to go for it? I can walk you
through.
Chris Murphy: All right. That's okay. Thank you.
James David: Okay, so use standards on the screen here. This is all new language for the Zoning
Ordinance. First and foremost, Section 9.3 is where we have use specific standards.Those are
standards that apply to the uses, specifically, and we're adding data center to that section. Then as I
mentioned earlier, in this opening paragraph,we're clarifying this applies to data centers and all
zoning districts. The intent is that we are searching and seeking data centers that visually
approximate commercial office buildings. We're encouraging that and that's our opening statement.
Now,there are some parcels governed by those Gateway Overlay District/H-2 Overlay District that
have guidelines that really don't anticipate data centers, and we recognize that,that they're a very
unique animal. We feel confident that as we go through these seven pages that these standards really
strike the balance that the Town's looking for. We don't need those Overlay Districts to apply to the
data center use going forward. That's what that next sentence refers to.
The first Section A is building placement and orientation. These structures are usually pretty large,
and we are wanting to create standards to minimize visual impacts of the bulk of the building. When
you look at them from public streets and residential uses,we need to minimize the impact of the bulk
of the building. We can also provide safe and convenient vehicular access to the site, including
sufficient onsite queuing areas. A lot of times, these are controlled by security gates. We want to
make sure that in the data center site design, you accommodate vehicles that might be queuing,
waiting to access the site. That's standard A2.
A3, accommodate adequate parking, that goes without saying, but we put it in there to make sure,
and then make sure that when you place and orient the building, you're minimizing impacts to forested
and natural areas and you're incorporating appropriate stormwater management. All of that around
the placement and orientation.
Going on to letter B. Now, sometimes data centers have more than one data center building in a
campus environment, and so we needed to address projects with multiple buildings.
In that regard,we have standard here that data center campuses that have more than one building
need to provide variety in the size, massing, siting, and appearance of those buildings, and in the
transition from smaller or lower buildings up on the street frontage to the larger and taller structures
on the interior of the site. What that standard achieves is that you're not getting the entire bulk of
maybe the multi-story data center building up on the street. Perhaps you have the single-story
building or related buildings up on the street, and then the mass is pushed back from the public realm.
Chris Murphy: Trying to avoid that wall along the street.
James David: Yes,we jump in here[crosstalk]
Council Member Wilt: Is it appropriate to ask questions during the discussions? Just for the previous
one, the building placement,when the terminology of accommodating adequate parking and sufficient
onsite queuing area, those terms adequate and sufficient, are those judgmental or are they defined
somewhere?
Page 25IAugust 8, 2023
James David: The parking requirement was defined in that standard,which was one per employee
plus three visitor spaces.
Council Member Wilt: Okay, so[unintelligible].
James David: Then the appropriate stormwater management strategies would come into play in that
design construction standards manual. We do have standards to reference for stormwater for
industrial building.
Council Member Wilt: Each one of these things is something of an, I call a little bit, a vague
terminology there, adequate, appropriate, sufficient, that actually then another element somewhere in
the standard that has to be referred to to provide definition.
James David: Correct, sir. The standards are in that design construction standards manual for
stormwater management and then the parking requirements elsewhere.
Council Member Wilt: Is that in this document or another document?
James David: Parking is in the zoning document. The DCSM is in a separate document.
Council Member Wilt: Okay.
Chris Murphy: What's key to understand is that this does not exempt any other provisions of the
Zoning Ordinance that would apply or the DCSM or the SLDR.These are not the only standards that
apply. Unless it's specifically excluded from this, it still applies.
Council Member Wilt: Thank you.
Mayor Burk: I'm going to ask, since it's not a work session, that you turn your light on and I'll
acknowledge you. I don't know if it'd be better, do you want them to do it paragraph by paragraph or
do you want a couple of paragraphs and what's best for you as answering the questions?
James David: We can certainly do it slide by slide. Maybe staff will pause at the end of each slide
and look to you, Mayor.
Mayor Burk: Okay. That'd be great. Vice mayor?
Vice Mayor Steinberg: Thank you. Can you go to the next slide?
James David: Certainly.
Vice Mayor Steinberg:All right. I recognize why the word encourages sometimes used, but why is
the word encouraged used here in the second sentence as opposed to stronger language?
James David: I think the language here for encouraged recognizes the fact that perhaps data center
campuses, you're going to see a couple multi-story buildings, so the variation might be more difficult
to achieve from their operational standpoint.
Chris Murphy: Also, later on in the paragraph, you see consideration of topography shall be given to
avoid placement. Depending upon the lay of the land, it may be better that those larger,taller
buildings that in the beginning of paragraph were saying put them in the middle,would not be best in
the middle because that'll put them higher. I think that allows enough flexibility to look at the property
and how a campus would better fit into it to avoid massive buildings on a higher part of the elevation.
James David: Section C. This is a more detailed one. I think we have it broken up into three slides.
We'll go through those three and then maybe pause there.This is probably the most significant part of
these design standards or use standards. That's how to address the building mass and articulation of
these structures. We put in an intent section in C and then we put in additional standards to
Page 26IAugust 8, 2023
implement that intent. The intent is to break up the monolithic appearance of a large structure that the
data center building form takes. They must avoid large blank unarticulated walls. That's a
requirement. I think a lot of the concerns, if you drive to our neighbors in the East, is that large
monolithic blank wall that has no articulation or interest. That's right out of the gate.
How does that achieve?Well,that's achieved between different architectural treatments integrated
into the data center principle building primary facade, secondary facade, and any operational facade.
Now talking about facades, we learned from the industry that it's difficult for them to make every
facade of these structures look like an office building because they have operational requirements. A
lot of time they have ground-mounted equipment.
Recognizing that,we wanted to make sure that we're at least getting the best architectural treatments
on the primary facade which is defined as those facades that are oriented towards public streets and
contain the public building entrance, so what you're actually seeing when you drive by these buildings.
That's what 1A addresses. Now, in some instances, a data center can contain more than one primary
facade. If that's the case, you got to treat both of those facades equally.
We just wanted to note that you don't have to necessarily put two building entrances. If you have two
primary facades, you can put the entrance on the corner. It can wrap and that would be sufficient.
Right there it says primary facades shall not include any mechanical equipment.Those ground-
mounted pieces of equipment, we're not going to see them on that most visible primary facade.
Secondary facades, defined as oriented away from public streets, do not contain primary entrances.
We still want to have minimal mechanical equipment on that secondary facade.
There's a requirement that one-third of that facade or 33%can have mechanical equipment but the
rest cannot. Then the operational facade, which I was talking about earlier,those need to be oriented
away from public streets and they typically have more than 50% occupied by mechanical equipment.
Those definitions will make more sense as we get into the requirements for each on the next slide.
Did you have anything on this, Chris?
Chris Murphy: I don't.
James David: I'm going to get pretty technical here. Please, bear with me. The articulation and
ornamentation. When you're talking about horizontal plane of any primary or secondary facade,the
big blank wall, we don't want to see a big blank wall. We need to include design elements at a four-to-
one ratio. What that means, if I have a 60-foot-tall data center, you need to do something to that
facade every 240 linear feet. The reason we went with four-to-one instead of, "Hey, break it up every
150 feet," it's because we want to maintain that architectural ratio and that aspect of the building. If it's
30 feet tall, you got to do something every 120 feet.
What do you have to do?That's into Al. You need to have the building step back or project or recess
or have something that breaks up that mass in that blank wall. We put in a minimum depth of four feet
because we felt like that creates shadow lines that creates interest in that facade. What else do you
have to do?You have to have a 30% change in the pattern, color, or materials of the facade. We don't
want to see big blank, gray, concrete. It's gotta have some visual interest. That goes for primary and
secondary. Now, operational facades,which is the ones that have more mechanical equipment that
are not as visible, have to integrate building elements listed into Al or to All. We're giving them the
choice. You don't have to do it all, but you got to do at least something on your operational facades.
Now, let's say you can't achieve that four-to-one ratio because your facade is shorter in length. Well,
you need to at least include one change in that horizontal plane. Then finally, in your primary facade,
typically data centers have what they consider the office portion of that building.
Now, it's not an office like you and I know what an office is. It's really their loading area for a lot of
equipment coming in and out. It's where they receive visitors. There might be some traditional office in
there. We want to make sure that's differentiated from the big concrete box,which is the data hall,
which is where they're storing all that network equipment and make it look more like an office.
Last slide on C and then I'll pause. Fenestration is a fancy term for windows or simulated windows.
Because the original intent was make them look like commercial office buildings, you need to
Page 27IAugust 8, 2023
integrate windows into that primary facade. 30% of the entire facade needs to include fenestration
placements or window or faux window placements that make it look like a multi-story office building.
That's 3A, secondary facade, 20%.
Just some more clarification. Fenestration does not always need to include transparent openings
because operationally, data centers don't put openings in their data hall that wouldn't work for what
they're trying to achieve, which is keeping that network hardware at 70.2 degrees no matter what at all
times. Simulated windows gives us that appearance that we're going for, strikes the balance between
the operational needs of the industry and the aesthetics for the community.
Operational facades exempt from fenestration requirement. We understand that a lot of that facade
you'll see later is going to have a screen wall in front of that mechanical equipment. Why make them
put faux windows when you're not going to see it? Multiple primary facades exist. There shall be
consistent in appearance. That means if you're going to do high quality on one, you got to do high
quality on the other. Our apologies for not having some illustratives because that would probably be a
lot easier to visualize some of this stuff. Hopefully, as I walked you through those three sections,that
gives you a better idea of how this does address design in these standards.Any questions on Letter
C?
Mayor Burk:Are there any questions? Mr. Bagdasarian?
Council Member Bagdasarian: I have a comment. I think to sum things up, essentially,the
guidelines are to establish data centers to look like office buildings--
James David: Standards.
Council Member Bagdasarian: Right. Standards. This would've been great too, as a work session
item, I think yesterday, so we could digest this, but I personally think that I feel more comfortable from
a high level having a clearer understanding what those standards are.
Mayor Burk: That's what he's doing right now, right?
Council Member Bagdasarian: It is, yes.
Mayor Burk: Just want to make sure. Mr. Wilt.
Council Member Wilt: Because these are good, detailed, clear requirements that we're going
through, so this level of detail and such is why these will then be excluded from the COA process?
James David: Correct, sir.
Council Member Wilt: Because that's a benefit, in some cases, other use types don't get that benefit.
James David: Correct.
Council Member Wilt: That's because we don't have use standards for them clearly explicitly laid out
so they do go through the COA process, is that right?
James David: That's correct.We don't have as prescriptive as standards for each use.
Council Member Wilt: Okay.
Mayor Burk: All right.
James David: Letter D. Again, important to emphasize the main building entrance to the data
centers.We've seen some pretty poor examples, again,to ding our neighbors in the County where
they don't really emphasize the main building entrance,then it just looks like a warehouse. Entrances
Page 28IAugust 8, 2023
to the data center principal buildings must be easy, recognizable, and appropriately scaled when
viewed from outside. The entrance got to be pedestrian scale.
Some standards about that building entrance, located in the primary facade, it has to, again, project or
recess from the building plane, differentiated from the remainder of the primary facade. How is it
differentiated? It's either through a change in building material, change in the arrangement of the
windows or faux windows, perhaps it's curtain walls, or other architectural treatment that's
emphasizing that main entrance to the building. Then the main entrance in the principal facade must
not directly abut the paved parking area.
Again, another requirement, give us some relief from the cars pulling up, and they pull up the place
where the pedestrians are going in the building. That can be achieved via hardscaping or landscape
treatments leading to the primary entrance. Some of the best examples that the Commission
supported, again, I apologize I don't have the images tonight, really highlighted that principal building
entrance, and made it look more like an office building.
Mayor Burk: Any questions on this? I'm sorry, Council Member Cimino-Johnson.
Council Member Cimino-Johnson: Yes, I have a general question. These standards, are we seeing
them in other municipalities?Are they coming from there? Is that where we got some of these?
James David: We did look at the County and then we did look at Prince William County. They just
adopted some design standards in conjunction with that big general plan recently they did in the
Digital Gateway Corridor.Then we added our Leesburg touch to these and made them even more
specific and prescriptive. I think that it's actually more than you'll find in other jurisdictions. Chris is a
pioneer in data center standards.
Chris Murphy: Plus, we also worked with the industry. We bounce these things off of them and got
their input and crafted it based on that as well.
Council Member Cimino-Johnson:They're still good with the way these are written and they'll still
come here.
James David: They are. That was important to us. We heard that at the initial initiation, that we didn't
want to create more and more layers of process, and then put Leesburg at a competitive
disadvantage for attracting this business type. Worked with the industry early and often. In fact, some
of our first drafts, they were like, "That will never actually work for us operationally,"and then we
pivoted accordingly.
Council Member Cimino-Johnson: Thank you.
Mayor Burk: Continue.
James David: Sure. Letter E, service area screening. They do have loading bays and service entries.
We need to screen those, not just from residential uses, but from residential zoning districts, and also
from existing or planned public roads. What is that screening?Well, it may include year-round
landscaping, doesn't have to be a giant wall, but year-round meaning evergreen so you don't have
leaves dropping, and then you can see it, or a screen wall of appropriate height to mitigate that visual
impact.
We put in as determined by a line-of-sight study submitted by the applicant. We were trying to make
sure we included quantifiable or extra process in order to actually determine if it's achieving the result.
Chris Murphy: We learned it's a typical process by the industry, but they'll do that themselves. We
also learned that oftentimes, because of the office portion, it's in the front, because of the loading
requirements for equipment and whatnot, they'll need to have a loading space in the front of the
facade.This is an important element for them as well to make sure that's screened from public view.
That's why we wrote it in that way.
Page 29IAugust 8, 2023
James David: Initially,we had a number, I think we said it has to be 15 feet. We learned that that's a
little arbitrary and it would much be better if it was a line-of-sight study because you're actually
evaluating the impact to the receptor.
Mayor Burk: You go, Council Member Cimino-Johnson, I'm sorry.
Council Member Cimino-Johnson: Define screen wall for me, I'm not sure what that means.
Chris Murphy: A masonry wall of a certain height determined by the line-of-sight study.
Council Member Cimino-Johnson: An actual wall wall.
Chris Murphy: Yes, a wall.
Council Member Cimino-Johnson: Oh, okay. Thank you.
Mayor Burk: Continue.
James David: The other area that we needed to spend a little bit more emphasis on, so this is two
slides, is the mechanical and electrical equipment screening. These uses have more mechanical and
electrical equipment than you can even imagine. They're like a giant mechanical engineering equation
trying to keep that network hardware at an exact temperature and power at all times.
We want to make sure that those systems are screened. We took it in two chunks, ground mounted
and rooftop. The first slide is ground mounted. Ground mounted adjacent to and serving the data
center building and needs to be completely screened behind an opaque wall or fence and it has to
have a fence or a wall that consists of materials that are complimentary and not just appearance, but
quality, i.e. no chain link fence with slats running through it.
Opaque, meaning I can't see through it. When the equipment is located between buildings, okay,we
understand, so a combination of walls and gates consisting of materials that are complimentary in
appearance may be used in those openings between buildings.That's there because to a certain
extent the campus environment, the building might screen some of that mechanical equipment so
we're not going to require you to add another wall interior to your site but where we can see it, i.e. the
openings between buildings, you've got to screen it.
However,there might be some sites that are adjacent to an industrial use or an industrial zoning
district where the screening is not as necessary and so in those instances,we recognize, okay,we
can be flexible. You don't need to screen yourself from a quarry or another industrial user but if we
can see it from an existing or planned road, it's got to be screened. Then no ground-mounted
equipment in any required yard or setback. Some of those ground mounts equipment can be pretty
tall. We took a tour and they were probably 15, 20 feet tall, these big cabinets that lined outside the
data center building, so you got to screen those.
Mayor Burk: Wilt, do you have a question?
Council Member Wilt: Yes,just the terminology.
James David: Sure.
Council Member Wilt: Prohibited in any required yard. What does that refer to?
James David: The required yard being like that 150-foot setback from the residential property line
that we talked about earlier, you can't put your ground-mounted and mechanical equipment in that
150-foot setback or that front yard. Keeps that relief from those adjacent uses.
Council Member Wilt: Okay,that's 150 foot?
Page 30IAugust 8, 2023
James David: That's just when it's adjacent to residential. Some other yards are much shorter.
Council Member Wilt: Okay, and it says, "Then must be setback 100 feet from the property line if
located adjacent to a residential use or zoning district."
James David: Right, we added extra setbacks when you're adjacent to the residential but then a
setback, let's say it's adjacent to industrial, side yard setback would be what, Chris, in the I-1 District?
Chris Murphy: On the side is 25.
James David:Another example is if it's on an I-1 property, it's not adjacent to residential, we look to
the base zoning district. It says your side yard is 25 foot back from the property line. You can't put
your ground-mounted equipment in that setback.
Council Member Wilt: In the 25?
James David: Right. The setback, it varies dependent upon the base district.
Council Member Wilt: Okay,what does this 100 feet refer to?
Chris Murphy: It's a building setback from residential uses. If the data center property is immediately
adjacent to a residential use or district,that 100-foot applies to the building. It's a building setback.
Council Member Wilt: Okay.Well, in what I'm reading here in the full report, it's just,there's a
truncated sentence up there. This is referring to 100 feet for the ground-mounted equipment
prohibited in the required yard and must be setback 100 feet from the property line.
James David: [unintelligible] 100 there.
Council Member Wilt:This is referring to the equipment.
Chris Murphy: Looking at F1C--excuse us one second.
Mayor Burk: Is ground mounted there, are you doing 1 C?
James David: You're right, it's a truncated sentence. To read it out in full,"Ground-mounted
equipment is prohibited in any required yard and must be setback 100 feet from the property line if
located adjacent to a residential use or zoning district."What that says is, regardless of the required
yard, if you're adjacent to residential,that equipment needs to be setback 100 feet.
Council Member Wilt: Okay, in some other cases it's 150 feet?
James David: Correct.
Chris Murphy: That's it, the building.
Council Member Wilt: The 150 would override this 100?
James David: The 150 comes later and that's for buildings.
Chris Murphy: That's in K.
James David:That's in 936K.
Council Member Wilt: Okay,the building might be 150 feet,the equipment-
James David: It could be 100.
Page 311August 8, 2023
Council Member Wilt: -could be as close as 100?
James David: Correct.
Council Member Wilt: Okay.
Chris Murphy: Again, you can have screen walls.
Council Member Wilt: Okay.
Chris Murphy: Opaque screen walls, et cetera, and also landscaping requirements, that would all
apply.
Council Member Wilt: Okay. Thanks.
Mayor Burk: Continue.
James David: The second part of F, there's rooftop. Essentially,we want everything on the roof
screened from public view. What that says in this section is it needs to be screened, rooftop mounted
equipment needs to be screened by a parapet wall. That would be something that's on the facade that
extends up from the building height.
Or it could be screened by an equipment penthouse, so that would be a structure maybe that's
setback from the edge of the building, but it's a structure that screens the rooftop equipment similar to
what you saw in Mr. Boucher's presentation preceding this one, or other visually solid screen on all
four sides that again, is constructed of materials that's complementary to those used in the data
center building. Some flexibility, but the takeaway is it's got to be screened either by a parapet wall, a
penthouse, or other visually solid screen.
How is that accomplished?That's accomplished by setting that penthouse or screened area back
from the facade of the building such that the top of the penthouse or screen is below a 45-degree line
drawn from the top of the parapet. I know I'm using a lot of hand gestures, sorry. Essentially, if you're
standing on the ground and you're looking up 45°, you can't see it beyond the top of that parapet.
Chris Murphy: Like that. [unintelligible] line of sight to 45 degree,the top of that parapet would be
below that line.
James David: Then we had to say what is rooftop equipment, we're talking about including, but not
limited to cooling,ventilation, and power supply machinery. Rooftop equipment that may be visible
above the parapet wall has to be setback from the exterior parapet wall a distance no less than the
height of said equipment.Again,that means that as you're looking up, you can't see it on a 45-degree
angle.
Now, F2C is a reference to what you heard from Mr. Boucher in the preceding presentation. This is a
standard that is existing in the Zoning Ordinance. Basically, it says rooftop equipment can exceed the
maximum district building height as long as you're completely screened and you're not exceeding
25% of the roof area. That is the standard that exists now and we're just reiterating it here.
Now,we recognize that some data center designs, they put the mechanical equipment on the roof
and not on the ground and they need to exceed 25%of the roof area. Well, if that's the case, that's
what F2D addresses and says you can occupy up to a maximum of 75% of the roof area, but it's got
to be screened and you have to be below the maximum building height in that district. If you're going
to go up to 65,you could only occupy 25% of the roof. If you want to occupy more than 25%, that has
to be counted as part of that 65. That's basically what that's saying. Sometimes I wish I could write
this stuff in plain language, but it is what it is.
Mayor Burk: We get it.
James David: That's part two of mechanical equipment screening. Any questions there?
Page 32IAugust 8, 2023
Mayor Burk: No questions. Keep going.
James David: All right. Noise. Essentially here we are referencing our existing noise standards. Any
noise-generating equipment or accessory use associated with data center must meet our minimum
noise standards already adopted for the Town and specified in 7.9.3.A. and B.
Chris Murphy:Then in the lighter text is what the established regulations are,just for reference.
Mayor Burk: Go ahead.
James David: Green building techniques. We wanted to go very detailed in this section, but as Mr.
Murphy referenced, our attorney advised us that we can't require green building techniques.We can
encourage and we can incentivize, but we felt it was important to put this amount of encouragement in
here anyways. Some of these buildings, as Vice Mayor Steinberg pointed out, are going to have to go
through legislative review.
If there's hope of approval, I would highly recommend to any data center operators listening to look at
the green building techniques and integrate that into part of that legislative proposal. What we have
lined out here is encouragement to implement low-impact development practices and site design and
energy efficiency, not limited to, but includes the following.
Site design, avoid sensitive land such as wetlands, floodplains, and steep slopes. Minimize land
disturbance, maximize tree preservation, minimize impervious surface, implement construction
activity, pollution prevention, and waste management techniques. Minimize potential nuisance
impacts to adjacent properties, roadways in the vicinity.
Energy resource and efficiency. Orient buildings to take advantage of passive cooling and daylight
opportunities. Utilize alternative energy sources if available. Utilize reclaimed water if available.
Encourage systems that limit use of finite natural resources and their disposal. Encourage fuel
storage that limits impacts on the environment from potential spills.
Install water-efficient landscaping. Utilize LED and implement energy best management practices as
alluded to in those different areas. Mr. Murphy did a bunch of research, got a lot of this guidance from
US Department of Energy, US Green Building Council, et cetera.
Mayor Burk: Council Member Cimino-Johnson.
Council Member Cimino-Johnson:Yes. Under H1C, maximize tree preservation,would it be
possible to also add or increase the tree canopy?
James David: Certainly.
Council Member Cimino-Johnson: Because to me that just sounds like just preserve what's there
but what about adding to it?
Chris Murphy: We do that. What this would do is just take,for instance,the data center's looking at a
piece of property and it has a very substantial forested area. We're not telling them--we want to try to
encourage them to leave that alone, but that's also going to require buffer yards. It would be
incumbent upon them if they want to have a modification of buffer yard requirements to take credit for
those trees that are there.
They can still go through that process and Council, as part of a legislative review, could say, "We
need to increase the tree canopy on there. We'll modify it this way, but we want you to do this and
preserve those trees." It's going to allow some flexibility for you,the Planning Commission, to do the
things like that,to increase the canopy as well as preserve things that are on site.
We don't want people to think that, "Well, there's a buffer requirement so we have to take up those
trees and plant new ones." No, we want to encourage preserving the trees that are there and taking
advantage of the buffer requirements that the tree canopy elements that it provides.As well because
Page 33IAugust 8, 2023
buffer yards, the buffer yard requirements of that Article 12 will still apply. It's just they'll apply with
these existing materials in place. We'll be able to massage that.
Council Member Cimino-Johnson: Okay. Thank you.
Mayor Burk: Keep going.
James David: Some shorter sections. You've got I, J, and K on this slide. Exterior lighting needs to
be directed downward into the interior of the property, away from adjacent roads, away from adjacent
properties. We specified a mounting height of outdoor lighting not exceed 15 feet. Commission also
wanted to add no pole-mounted lighting on the roof. Staff agreed that was a good addition.
Perimeter fencing and security, as I mentioned earlier, these data center sites almost always come
with security fencing. We wanted to put some standards in there. Fencing cannot exceed 10 feet in
height above the ground. Has to be high quality, and may be designed as no climb, which is the curve
at the top so you can't climb over it, but in no instance do we want to see vinyl, barbed wire, or chain
link used in that security fence.
Now, additional setbacks. I want to specify parking must be setback at least 50 feet from a right-of-
way. For residential districts, all principal buildings, any accessory structures, any substations must be
setback at least 150 from the property line that is immediately adjacent to the residential use or
zoning district. I should mention here that that's 150 on the data center site, but the residential
properties are also going to have their own setback for their buildings. It actually achieves more than
150 separation if you consider structure to adjacent structure.
Mayor Burk: Mr. Wilt.
Council Member Wilt: Just a quick clarification. The barbed wire fencing, does that definition include
razor wire also?
Chris Murphy: Yes.
Council Member Wilt: Okay. Thanks.
Mayor Burk: Okay.
James David: L, landscaping buffering and screening. This was a section where the Commission felt
strongly about being very prescriptive about landscaping, buffering, and screening. That's what we
have here. In addition to our existing landscaping/buffering/screening requirements, data center sites
abutting residential property or collector/arterial roads must have enhanced buffer yards with required
plantings on an earthen berm with a grade no steeper than 2:1.
The minimum height of the berm abutting residential is 15 feet and abutting collector/arterial is 6 feet.
The Commission felt strongly that they wanted that berm and they wanted plantings on the berm to
separate from potentially sensitive uses. Then some requirements associated with creating that buffer
landscape or screen. Linear co-location of utilities should not be located within buffer yards.That's in
order to protect the trees, protect the open space. Don't want to be digging trenches if possible. We
said should and not shall here,that was a balance because we heard from industry sometimes that is
unavoidable on a tight site.
Use of existing vegetation or landscaping and screening is strongly encouraged. To Council Member
Cimino-Johnson's point, if you've got existing vegetation, strongly encourage use that to do your
landscaping and screening. Don't whack it and then plant new trees. Basically, you want to make sure
that the existing vegetation and landscaping can achieve the same screening as the new landscaping,
so we put in, "The Town Urban Forester needs to make that call."
Some percentages for the plantings in the buffer yard. Maximum of 30% of plantings have to be large
deciduous trees. Minimum of 40%, maximum of 70% of plantings must be evergreen. Minimum of 8
feet of height at the time of planting, so we're not putting in small little 3-foot saplings. Maximum of
Page 34IAugust 8, 2023
30%of plantings may be small deciduous trees, maximum of 20% of required plantings may be a
combination of shrubs, grasses, and perennials.
What that achieves is a layering effect. It's not just a row of the same-looking trees down the buffer.
You've got different heights in that layer for deciduous, evergreen, shrubs, grasses, perennials, et
cetera. I think that helps with maybe that habitat concern, Mayor, that we heard from Loudoun Wildlife
yesterday.
Mayor Burk: No questions, okay. Move forward.
James David: Power lines and data center electric utility substations.As Vice Mayor pointed out,
there are some necessary items that come along with data centers,those are power lines and those
are substations.We wanted to define substations related to the data center, and that's later in the
draft language because those are accessory to the data center. If somebody was to come in and
wanted to build a substation on its own, not related to a data center,we consider that a public utility
major that requires a special exception.
In this instance, they were saying if the substation is related to the data center, it's part of the data
center site,then it is allowed associated with that data center, but it comes with some screening
requirements. Must include year-round opaque landscaping or a screen wall minimum of 12 feet in
height to minimize visual impact around the substation.
The screen wall has to adhere to articulation and ornamentation standards we talked about earlier.
We don't want to put up a big wall around the substation and not have the same treatment to break up
that monolithic wall. It has to be constructed of materials that are complementary. On this point, I
should note, and it was put in the staff report,that the Commission advocated for a 20-foot-high wall.
Staff felt like 12 was reasonable, and that 20 is now creating a non-pedestrian scale mass and
preventing some sight lines through the substation because while substations can be unsightly,they
do have some openings that you can see through to the other side. The draft in front of the Council
tonight is 12.
Electric utility substation on the same property as the data center must be located to the side or rear.
They are screened from public view and not located in the front yard. On-site substations don't require
that buffer screening between the data center principal building and the substation.We're not going to
make you build a wall to screen the substation from your data center building.
Burying power lines serving the property is strongly encouraged. On-site power lines must be buried.
This is an interesting one because the big power lines that run up and down the right-of-way are not in
control of the data center, and it's not part of that private property. It's very challenging for a local
jurisdiction to regulate those big power lines running up and down the right-of-way. In fact,the State
Code says that the locality can't regulate it if it's over 138 kilovolts, or basically it says zoning is
deemed compliant with.
What we can do is we can regulate when those power lines step on to the data center site, usually,
they're going to be lower voltage because they've stepped down from the substation and we're
requiring that they be buried. I'm happy to say that the industry did not have an issue with that. The
data center electric substation shall be subject to applicable zoning district setback requirements.
Setbacks need to be measured from the edge of the compound containing the substation to the
property boundary of the lot it occupies. That's just clarification for how to administer that setback.
Mayor Burk: Mr. Wilt has a question.
James David:Yes.
Council Member Wilt:Just the screening wall around the substation at 12 feet,what's the height of
the substation?
James David: Well,they vary because they have big poles sometimes that are upwards of 60, 70
feet. Then some of their low-level structures can be 12 feet, they can be 30 feet that have some of the
Page 35IAugust 8, 2023
equipment, and then they have a lot of spiraling wires and things that look like massive battery
conductors so that wall's not going to achieve the whole substation.
Council Member Wilt: The 12 feet is just the lower bulk of it for aesthetics. Okay.
James David: The pedestrian scale.
Mayor Burk: Go on.
James David: That's it for the use standards. Then we did have some other language as far as
definitions that were included in your packet. Hopefully, I was able to illustrate with my words what we
were trying to achieve here and you feel better about the design of these things going forward.
Mayor Burk: Council Member Nacy?
Council Member Nacy: I was just going to make a motion.
Mayor Burk: Okay. [laughter]Your motion is?
Eileen Boeing: Public Hearing is still open.
Mayor Burk: Oh, I'll be darned?
Council Member Nacy: [inaudible]
Mayor Burk: I know. Is there anybody else in the audience that wants to speak at this point? Please
say no. No.
[laughter]
Vice Mayor Steinberg: Russell wants to speak.
Mayor Burk: All right. Since there is nobody, I will close the public hearing at this point. Ms. Nacy you
had a comment?
Council Member Nacy: Yes. I move to approve the proposed ordinance authorizing the Zoning
Ordinance text amendment TLOA-2022-0006 establishing data center uses as presented in the public
hearing staff report dated August 8th, 2023 on the basis that the amendment further objectives of the
Town Plan and that the proposal would serve the public necessity, convenience, general welfare, and
good zoning practice.
Mayor Burk: May I get a second?
Council Member Bagdasarian: I second.
Mayor Burk: Council Member Bagdasarian.
Christopher Spera: Madam Mayor, if I may,just so that we're clear for the record, there was an
ordinance submitted with the original staff report. Then there was an amended ordinance that was
submitted last Thursday, the 3rd. Just so we're clear, it's the amended ordinance from Thursday,
August 30. That is the one that we're voting on.Again, this is just a matter of making the record clear.
I'm not trying to clarify the motion made by the Council Members.
Mayor Burk: You were referencing the August 3rd?
James David: Yes, ma'am.
Page 36IAugust 8, 2023
Mayor Burk:All right. So we have a motion and a second. Anybody have anything they want to say
at this point?
Council Member Nacy: I do. I do have a quick question. Do I need to include the thing about the
COA or is that something that can be done administratively--?
James David: I'll look to the Town Attorney. I think we got adequate direction to just clarify that
statement.
Christopher Spera: Yes. You don't have to add that to the motion. The direction to staff is clear.
Mayor Burk: Okey,thank you. Vice Mayor?
Vice Mayor Steinberg:Thank you, Madam Mayor. Just a couple of comments. I realize this is an
important discussion and I realize we're taking big step in this legislation and we--this is a good effort
in setting up these standards. I don't think we should ever lose sight of the fact that in the end,while
we,we meaning globally,we need these data centers. It's part of our life, there's no question.There
are two things that we should keep in mind.
One, in the end, it's all about the money and it's a lot of money. The reason we know that is because
of the tax revenue that can be generated here. We also know we have no idea what the sum total of
the dollars are because the industry isn't telling us. If we ask directly, I suspect they won't, and that's
fine. There are benefits both in terms of revenue and services and so on.
In the end, in my opinion,this Council and future Councils must have the political will to decide in
spite of these best efforts, in spite of what the industry says they need, that we decide,well, if those
are the facts of this particular application or case, we are not putting a data center here or there, there
maybe site suitable, but again, in my opinion, and I don't want to sound like a broken record, maybe I
already have, there are places in Town that these will not work despite our best efforts and applicant's
best efforts and industry best efforts.
We need to appreciate that now and understand that those are decisions we're going to have to make
in the future with what we're doing here today.Thanks.
Mayor Burk: Mr. Cummings.
Council Member Cummings: Yes,just wanted to quickly thank staff for all of the efforts as well as
the Planning Commission, and folks from the industry. Also thank you for your quick ad-lib here to
walk us through all that. It was really helpful and I think to echo the Vice Mayor, this is an important
conversation. We can all go forward in August and know that we did this the Leesburg way. I believe
we're limiting where data centers can go.
Mayor Burk: I think that's a new term, Leesburg way.
Council Member Cummings: The Leesburg way. We're limiting where they can go to try to maintain
the historic Town of Leesburg, and we're also looking at standards that are different than maybe what
the County does or other localities do. Our residents should be proud of this effort because we're
working to not only maximize the financial benefit for them but also do it in a way that doesn't just
allow one industry or another to come in and do as they please. We looked at standards that will work
for the industry, but also for the Town of Leesburg, and I think that's really important.Again, I just
want to say thank you and I look forward to voting for this and applaud staff and the Planning
Commission for all their efforts.
Mayor Burk: Definitely. Most certainly appreciate the hard work that everybody's put into this. At
some point, I'll get the difference between the guidelines and the standards. [laughter] I'll figure it out.
We have a motion by Council Member Nacy, seconded by Council Member Bagdasarian, all in favor
indicated by saying aye.
Members:Aye.
Page 37IAugust 8, 2023
Mayor Burk: Opposed?That passes 7-0. All right, have a good evening. [chuckles] I wish I was going
with you.
[laughter]
Future Council meetings, agenda topics, Mr. Wilt.
Council Member Wilt: No future topics. Just one disclosure. This is our disclosure period. Met with
Kevin Ash and Member Cimino-Johnson about the Inn projects on the 4'h.
Mayor Burk:All right, Mr. Bagdasarian.
Council Member Bagdasarian: One disclosure, also met with Mr. Ash on the 7th
Mayor Burk:All right, Ms. Nacy.
Council Member Nacy: Just one disclosure. An exchange with Molly Novotny regarding the I-1 and
data center stuff on the agenda tonight.
Mayor Burk: Vice Mayor.
Vice Mayor Steinberg: No comments, no disclosures.
Mayor Burk: Mr. Cummings.
Council Member Cummings: No comments, but two disclosures. I had a phone conversation with
Kevin Ash on the Zoning Ordinance change for hotels, and I also had a phone conversation with Ms.
Molly Novotny with Cooley on the data center standards.
Mayor Burk: Council Member Cimino-Johnson.
Council Member Cimino-Johnson: Thank you, Madam Mayor. No additions to future meetings. No
comments. I just have a disclosure. I met with Kevin Ash and Patrick Wilt on August 4th
Mayor Burk: Okay. I have a couple of things I'm going to share. The first one is on the 28'h. I
participated in the interview with the Zip Trip from Channel 5 where they came to the Fairgrounds and
we talked about Leesburg and what a great place Leesburg is to live and open a business. I also went
to welcome Innovative Scrubs that we did the ribbon cutting the same day, on the 28t.
The 29th, did the Meet the Mayor at the Dunkin Donuts. I want to thank the owner[unintelligible]for
allowing me to be there. It was very well received and it was a fun time. 30'h, I did it at the Birchtree
and that was an awful lot of fun. It's great to be able to meet the public and go out and talk to people
and have them talk to you in a very informal way that might be a little more honest and open.
I want to thank the Leesburg Police for their national night out at Douglass. That was a great event
and the intention is to make sure the public realizes that the Police are there for their protection, and it
was really well received by all the kids. I do have a disclosure that I met with Terry Pressman and
Adam Pressman. They have a drone business, and they wanted to understand the regulations and
see what they could do to work with the Town in regard to using drones.
I want to thank the manager for Pupatella's for also allowing me to a Meet the Mayor there. If you like
pizza, that's the place to go. Oh my gosh, that was great pizza and very nice. On the 5'h,we did a
ribbon cutting for the New Vision Center. I want to welcome them. On the 7th, I met with Loudoun
Wildlife Conservancy, Mike Myers, to talk about data center's guidelines.
Earlier today, I was at the Westin Dulles with the Chamber where they talked about the economy,
they had three experts there. I learned from that,that we might be having a recession,we might not
Page 381August 8, 2023
be having recession,we may be having a small recession,we may not be having any recession.
Obviously, nobody knows one way or the other where the economy's going at this point.
The one thing that did come across very clearly is that we have a very tight employment market here
and that is a strain on small businesses. Then finally, I want to remind everybody that the Taste of
Leesburg is this week and to come on down and enjoy the opportunity to see all these different
venues that have food and tastings and come and enjoy the downtown.
Kaj Dentler: No comments.
Mayor Burk: No comments.
Vice Mayor Steinberg: What?
Mayor Burk:All right. At this point, we have a closed session. I need to know from you all, we are
going to be doing the Town Attorney's performance evaluation. Do we want to go into the other room,
sit around the table, or do we want to remain here?What do the majority of people want?
Council Member Cummings: It's fine. Just stay here.
Mayor Burk: Here?
Christopher Spera: It's okay.
Mayor Burk: Okay. All right. Well,the way we'll do this is we will let you guys go, whoever needs to
go at this point. We will have the Town Attorney, Mr. Spera, give us a small overview. He already sent
us his work report,which is very impressive, but just to give us an overview,then we will ask him to
leave, and we will discuss it among ourselves and make a decision and invite him back in.
Okay. I move pursuant to Section 2.2-3711(A)(1) of the Code of Virginia that Leesburg Town Council
convene in a closed meeting for the purpose of discussing the annual performance of the Town
Attorney. Do I have a second?
Vice Mayor Steinberg: Second.
Mayor Burk: Seconded by Vice Mayor. All in favor?
Members: Aye.
Mayor Burk: Opposed?That's 7-0. Okay, do we want to take a five-minute break?
Council Member Cummings: No.
Mayor Burk: Yes.
Vice Mayor Steinberg: No?
Mayor Burk: Yes.
Council convened in a Closed Session at 9:33 p.m.
Council convened in an Open Session at 9:44 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, 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. This has to be a roll call. So Mr. Wilt.
Page 39IAugust 8, 2023
Council Member Wilt: Aye.
Mayor Burk: Mr. Bagdasarian.
Council Member Bagdasarian: Aye.
Mayor Burk: Ms. Nacy.
Council Member Nacy: Aye.
Mayor Burk: Vice Mayor.
Vice Mayor Steinberg: Aye.
Mayor Burk: Council Member Cummings.
Council Member Cummings: Aye.
Mayor Burk: Council Member Cimino-Johnson.
Council Member Cimino-Johnson:Aye.
Mayor Burk: And Mayor Burk aye. Do we have to announce any decision that we made?
Christopher Spera: No.
Mayor Burk: Do I have a motion to adjourn?
Vice Mayor Steinberg: So moved.
Mayor Burk: Second.
Council Member Bagdasarian: Second.
Mayor Burk:All in favor?
Members: Aye.
Mayor Burk: Opposed?We are done.
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