City Council

Public Hearing 09/09/14 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. BRADFORD C. ELLIS, WARD ONE HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street HON. CHARLIE L. FRYE, JR., WARD FOUR Fredericksburg, Virginia 22401 September 9, 2014 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, September 9, 2014, beginning at 7:33 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, Vice-Mayor William C. Withers, Jr. and Council members Kerry P. Devine, Dr. Timothy P. Duffy, Bradford C. Ellis, Charlie L. Frye, Jr. and Matthew J. Kelly. Also Present. City Manager Beverly Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Director of Community Planning and Building Development Charles Johnston, Zoning Administrator Michael Craig, Community Development Planner Hunter Snellings, Budget Manager Amanda Lickey and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D14-352 thru D14-357). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Cowan Crossings, LLC Special use permits for 2,000 Square Foot Fast Food Restaurant, 2,400 Square Foot Fast Food Restaurant and a Drive-Through as an Accessory Use to a Specialty Eating Establishment 18741 Public Hearing 09/09/14 at 1609 Jefferson Davis Highway (D14-352). – 2 speakers. Staff gave a brief overview of the application. Jervis Hairston, Silver Cos. Representative, stated that they met with all the immediate neighbors behind the center and they have resolved all of their issues with the tree buffer and the eight foot fence. He explained that is sounded like a lot of Special Use Permits, but they were all for one building with four uses in it. Two of the restaurant uses do not have a drive-through and they are not considered fast food and the third was for a coffee shop drive-through which is also not considered a fast food restaurant. The Silver Company owns most of the land behind the center and it will remain vacant except the properties directly behind the center which they have placed fencing and trees to buffer. Mr. Hairston noted that there are several areas zoned Commercial-Transitional (C-T) within the City and it makes sense to allow these uses in this area, but he gave examples of other areas that are zoned C-T where it would not be appropriate to have these types of uses. Mayor Greenlaw asked what the fourth would be in the building and Mr. Hairston said they do not have a secure lease but, it could be a food establishment or a telephone service center. Councilor Duffy asked if the establishments wanted to change their hours would they have to come to the City to do that and Mr. Hairston said they would because of the conditions that were being proposed. Councilor Frye asked for clarification on the drive-through and the distance from the residences and Mr. Hairston said the drive-through was within 100 feet from the vacant residential lot behind it and the 1.4 acre wooded lot owned by Silver. He said in 18742 Public Hearing 09/09/14 order to separate this use from the vacant lot they were placing two rows of trees and an eight foot fence on top of a retaining wall. Councilor Ellis asked if this drive-through would have any more impact than the others that are located in the center and Mr. Hairston said it would not. Ryguy Mau Muhammed, 1112 Caroline Street, Chairman of the Independent Green Party in Fredericksburg, said instead of a fast food restaurant it would be nice if the City had an Uma Garden or a Community Garden and he said the food from the Uma garden could be distributed through the Churches. Resolution 14-71, Approved, Granting a Special Use Permit to Cowan Crossing, LLC, Permitting a 2,000 Square foot Fast Food Restaurant at 1609 Jefferson Davis Highway (a Portion of GPIN 7779- 43-5330) (D14-352). As recommended Councilor Kelly moved approval of Resolution 14-71, granting a special use permit to Cowan Crossing, LLC, permitting a 2,000 square foot fast food restaurant at 1609 Jefferson Davis Highway (a Portion of GPIN 7779-43-5330); motion was seconded by Vice-Mayor Withers and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 14-72, Approved, Granting a Special Use Permit to Cowan Crossing, LLC, Permitting a 2,400 Square foot Fast Food Restaurant at 1609 Jefferson Davis Highway (a Portion of GPIN 7779- 43-5330) (D14-352). – Councilor Kelly moved approval of Resolution 14-72, granting a special use permit to Cowan Crossing, LLC, permitting a 2,400 square foot 18743 Public Hearing 09/09/14 fast food restaurant at 1609 Jefferson Davis Highway (a Portion of GPIN 7779-43-5330); motion was seconded by Councilor Ellis and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 14-73, Approved, Granting a Special Use Permit to Cowan Crossing, LLC, Permitting a Drive-Through as an Accessory Use to a Specialty Eating Establishment at 1609 Jefferson Davis Highway (a Portion of GPIN 7779-43-5330) (D14-352). – Councilor Kelly moved approval of Resolution 14-73, granting a special use permit to Cowan Crossing, LLC, permitting a drive-through as an accessory use to a specialty eating establishment at 1609 Jefferson Davis Highway (a Portion of GPIN 7779-43-5330); motion was seconded by Councilor Ellis and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 14-74, Approved, Granting a Special Use Permit to 425 William Street, LLC, Permitting a Drive-Through as an Accessory Use to a Financial Institution at the Corner of William Street and Prince Edward Street (GPIN 7789-05-5072) (D14-353). - 3 speakers. After staff overview Councilor Kelly asked what the main concerns were for those who spoke in opposition at the Planning Commission and Zoning Administrator Craig stated that they were concerned with site lines from the drive-through, on-site circulation, how the site would function and the infrastructure in place. He said most concerns were about the traffic. 18744 Public Hearing 09/09/14 Councilor Devine asked for clarification on the 533 visits per day and whether those were cars per day or visitors and she asked whether the ATM was loud. Mr. Craig stated the 533 visits would be from visitors and he was not sure about how loud the ATM would be. Vice-Mayor Withers asked if the concerns of the circulation was before the changes to the Generalized Development Plan (GDP) or after and Mr. Craig said they were before the changes were made. Charlie Payne, Attorney, Hirschler Fleischer (D14-354), Mr. Payne presented a PowerPoint presentation. In the presentation he discussed the overview of the project, the project request, he discussed how the project fit within the Comprehensive Plan, he showed several slides of the GDP as well as slides of how the final project would look. Mr. Payne noted that majority of the issues that came up during the Planning Commission were not relevant to the application. He also addressed the number of trips and that number came from Virginia Department of Transportation’s ITE. Mr. Payne also stated that he ATM and intercom system would be made from the latest technology. Councilor Ellis asked if the parking lot would be available after hours for downtown patrons and Mr. Payne said it would. Councilor Devine asked for clarification on the 36 month project completion timeframe and Mr. Payne said that Mr. Mike Deegan felt he could complete the project sooner, but they originally asked for 36 months because they did not want to run into delays and not be able to complete the project in time. Councilor Kelly thanked the applicant for their efforts of getting the soil samples. 18745 Public Hearing 09/09/14 Richard Dynes, 818 Weedon Street, member of the Planning Commission, spoke in opposition of the Special Use Permit (SUP). He was concerned with the foot traffic in the area and the pedestrian safety as the cars exited the drive-through. He asked Council to deny the SUP because the applicant did not show any flexibility on the pedestrian safety issue and he felt they would come back with a better application if it were denied. Dana Herlong (D14-355), 1009 Prince Edward Street, spoke in opposition of the SUP. She applauded the Planning Commission for recommending denial of the SUP. She said the Planning Commission was focusing on the pedestrian safety concerns, bank customer vehicles and travelers on State Route 3 into downtown. She said the proposed building configuration and placement on the property line and in-line with the existing building at 415 William would create potentially hazardous conditions. Mrs. Herlong stated that she did not believe the safety issues have been properly addressed. See D14- 355 for more information. Mr. Payne stated that they respect the opinion of the public and that’s why the applicant has made so many attempts to improve the traffic flow within the site, and he said the site line regulations and plans were consistent with the Unified Development Ordinance (UDO). He said the site distance is very similar to the new Courthouse garage exit. He stated that they are trying to do this project in the confinements of the UDO, the Comprehensive Plan and in a way that benefits the downtown. Councilor Devine asked if the developer would consider some sort of visual alert. Mr. Payne said they would be open to investigating at a reasonable cost and he reminded Council that they have the only traffic controlled speed bump as you exit the drive- through. He said they will talk to the end user to see what else is out there. 18746 Public Hearing 09/09/14 Councilor Kelly asked staff if they felt there were VDOT issues with the configuration and Mr. Craig said they looked at this with the Director of Public Works and based on the conditions of the site, he felt the drive-through was in the most reasonable place. He also explained that the City has standards that govern access and there is some flexibility for driveways. Councilor Ellis moved approval of Resolution 14-74, granting a special use permit to 425 William Street, LLC, permitting a drive-through as an accessory use to a financial institution at the corner of William Street and Prince Edward Street (GPIN 7789-05-5072); motion was seconded by Councilor Kelly. Councilor Devine made two friendly amendments asking that the applicant explore pedestrian safety technology and to reduce the project completion timeframe from 36 months to 24 months. Councilors Ellis and Kelly accepted those changes and the applicant was in agreement as well. Councilor Kelly thanked that applicant for bringing a project that doesn’t require special exception and that fit within the downtown. City Attorney Dooley asked for a point of clarification on how the City would know the new condition was met. Mr. Johnston said he would contact the Public Works Director and do an internet search and include it in the site plan and staff would inform Council when that is done. City Attorney asked whether the applicant would incorporate the technology in their design and Mr. Johnston said that is the plan. The motion passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 14-75, Approved, Granting a Special Use Permit to 18747 Public Hearing 09/09/14 Ross and Linda Retterer, Permitting a Bed and Breakfast Inn at 1513 Caroline Street (GPIN 7789-07-5278) (D14-357). - 2 speakers. Staff gave a brief overview. Beatrice Paolucci, 1500 Caroline Street, spoke in support of the bed and breakfast, she also addressed the concerns regarding parking stating that many in that area had private driveways and did not use the on street parking. Andy Gabler, 1303 Caroline Street, operator of the Schooler House also spoke in support of the bed and breakfast. She said she was encouraging others in the area to open bed and breakfast. Councilor Devine moved approval of Resolution 14-75, granting a special use permit to Ross and Linda Retterer, permitting a Bed and Breakfast Inn at 1513 Caroline Street (GPIN 7789-07-5278); motion was seconded by Councilor Kelly and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Adjournment. There being no speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 9:20 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18748 Regular Session 09/09/14 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. BRADFORD C. ELLIS, WARD ONE HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street HON. CHARLIE L. FRYE, JR., WARD FOUR Fredericksburg, Virginia 22401 September 9, 2014 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, September 9, 2014, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, Vice-Mayor William C. Withers, Jr. and Council members Kerry P. Devine, Dr. Timothy P. Duffy, Bradford C. Ellis, Charlie L. Frye, Jr. and Matthew J. Kelly. Also Present. City Manager Beverly Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Director of Community Planning and Building Development Charles Johnston, Zoning Administrator Michael Craig, Community Development Planner Hunter Snellings, Budget Manager Amanda Lickey and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Matthew J. Kelly followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer John Fesq at this evening’s meeting. Proclamation for Tim Merryman on his Retirement After 27 18749 Regular Session 09/09/14 Years of Service to the City’s Fire Department (D14-349). Mayor Greenlaw presented Mr. Merryman with a proclamation thanking him for his selfless and dedicated contributions to the City. City Manager Cameron thanked Mr. Merryman for his dedication to the City and stated that he had a successful career as he was part of the class of 1987 that opened Fire Station II. Mr. Cameron presented Mr. Merryman with a City watch. Fire Chief Allen stated that Mr. Merryman had been admired and looked up to by the younger firefighters and he served as a mentor to them. He also said he was a founding member of the HAZMAT team. Chief Allen presented Mr. Merryman with his helmet and retirement badge. Mr. Merryman thanked the City for the opportunity to serve and he said the City was a great place to work. Proclamation for Childhood Cancer Awareness Month – Alec Oughton and Kimberly Bice, Grace Oughton Cancer Foundation (D14- 350). Mayor Greenlaw presented a proclamation to Alec Oughton proclaiming the month of September as Childhood Cancer Awareness Month and she asked the citizens to observe the month with appropriate programs and activities and to wear a gold ribbon to show support. Mr. Oughton thanked the City for the support and he said they have worked hard to build programs that serve the City and surrounding Counties. CSX Presentation – Bryce Rhode, CSX Regional Vice-President, State Government Affairs (D14-351). Mr. Bryan Rhode, CSX Regional Vice- 18750 Regular Session 09/09/14 President of State Government Affairs presented a PowerPoint and he discussed the Ethanol and TRANSFLO Terminal in Spotsylvania, the function of the Rail Yard, he gave background history and steps to move forward. Councilor Kelly thanked Mr. Rhode for working on this and he asked for Mr. Rhode’s help with getting the bridges completed he spoke of the $2 million band aid that was completed on one of the bridges. He also addressed the safety concerns of extending the platform and he said he hoped Mr. Rhode could help as those conversations moved forward. Councilor Frye thanked Mr. Rhode for reaching out to him when he was elected. Mr. Frye wanted to be clear that a lot of references are made to Mayfield when speaking about the dangers of the ethanol tanks, but he cautioned and said this is not just a Mayfield issue, but a citywide danger. Mayor Greenlaw thanked Councilor Frye and former Councilor Beatrice Paolucci as well as CSX for their work on this matter. She asked Mr. Rhode if he could anticipate how many cars may be parked in the Mayfield subdivision as compared to previously. Mr. Rhode said the new connection was expected to accommodate all the cars. He said there should be a noticeable difference. Citizen Comment. The following speakers participated in the citizen comment portion of this evening's meeting. Harry Tillman, 307 Braehead Drive, spoke in support of the Baseball Stadium. He felt this was the biggest opportunity the City had seen in years. He suggested possibly getting a loan from a business to help with the cost. He also stated that he believed the attendance would exceed the projections made in the Fuller Report. 18751 Regular Session 09/09/14 Beatrice Paolucci, 1500 Caroline Street, thanked Council and staff for their help with the consolidation of the Chaplin Youth Center and the Rappahannock Area Office on Youth. She explained that this consolidation was to save funding and they felt the youth would be better served. Amy LaMarca, 104 Kinloch Drive, Secretary of the Economic Development Authority spoke on behalf of the EDA to state their support for the reuse and readapting of the Renwick Building, the expansion of Technology Incentive Zones and to establish a Defense Productions Zone. She said these would allow the City to recruit business and employ city residents. Public Hearing Conducted (D14-352 thru D14-357). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. Council Agenda Presented. There were no items presented to Council. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D14-358 thru D14-364). Following review and as recommended, Councilor Kelly moved approval of the remaining City Manager's consent agenda item; motion was seconded by Councilor Ellis and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Transmittal and Acceptance of the 2014 Wall of Honor Nominations (D14-358). 18752 Regular Session 09/09/14 • Resolution 14-65, Second Read, Amending the Fiscal Year 2015 Budget by Appropriating Assets Forfeiture Funding and Police Donations and Grants (D14-359). • Resolution 14-76 Approving the 2013/2014 Consolidated Annual Performance Evaluation and Report (CAPER) for Community Development Block Grant Programs (D14-360). • Transmittal of Boards and Commission Minutes o Fredericksburg Arts Commission – April 16, 2014 (D14-361). o Fredericksburg Arts Commission – April 21, 2014 (D14-362). o Planning Commission Site Visit – August 13, 2014 (D14-363). o Planning Commission – August 13, 2014 (D14-36). Adoption of Minutes. Councilor Kelly moved approval of the August 26, 2014 Public Hearing and Regular Session minutes; motion was seconded by Vice-Mayor Withers and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 14-77, First Read Approved, Amending the Fiscal Year 2014 Budget for Final Adjustments (D14-365). Upon a motion and as recommended Councilor Kelly moved first read to approve Resolution 14-77, amending the fiscal year 2014 budget for final adjustments; motion was seconded by Vice-Mayor Withers and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). City Manager’s Report and Council Calendar (D14-366 thru D14- 367). City Manager Cameron asked if there were any questions regarding the Manager’s 18753 Regular Session 09/09/14 report or the Council Calendar. Activities highlighted on the report were as follows: William Street Sanitary Sewer Improvements, Annual Asphalt Rehabilitation Program Begins, Opening of Areas 1 and 2 of the Virginia Central Railway Trail, Downtown Traffic Signal Improvements, Fall Hill Avenue Bridge Over the Rappahannock Canal, City Helps Introduce Incoming UMW Students to Local Businesses and Non-Profits, Summer Restaurant Week and FXBG Sandwich Invitational Boost Downtown Restaurants, Annual FRED Customer Appreciation Day and Alarm Ordinance Update. Closed Meeting Approved (D14-368). Upon the motion of Councilor Kelly, seconded by Councilor Ellis and passed by the following unanimously recorded votes, Council approved a closed meeting under the Virginia Freedom of Information Act, Code Section 2.2-3711(A)(40) to discuss consideration of memoranda related to the Diamond Nation project, prepared by the City Manager, where competition or bargaining is involved and where, if such records are made public, the financial interest of the public body would be adversely affected. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Return to Open Meeting Approved. Upon the motion of Councilor Kelly, seconded by Councilor Devine and passed by the following unanimously recorded votes, Council approved a return to an open meeting. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 14-78, Approved, Certifying Closed Meeting. Upon the motion Councilor Kelly approved Resolution 14-78 certifying the closed meeting; seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). 18754 Regular Session 09/09/14 Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 10:52 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC [This page intentionally left blank.] 18755