City Council

Public Hearing 11/11/14 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 November 11, 2014 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, November 11, 2014, beginning at 8:33 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. Planning Commission Present. Chairman Richard Friesner, Vice-Chair Joann Kaiman, and Commissioners James Beavers, Richard Dynes, Dr. Roy Gratz, Roy McAfee, James Pates. Also Present. City Manager Beverly Cameron, City Attorney Kathleen Dooley, Director of Community Planning and Building Development Charles Johnston, Zoning Administrator Michael Craig, Development Administrator and Code Enforcement Officer Marne Sherman and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D14-452 thru D14-456). Planning Commission Chairman called the Planning Commission meeting to order. The Clerk read the notice of the joint public hearings with Planning Commission as it appeared in the local newspaper, the purpose being to solicit citizen input. Rezoning Approximately 9.233 Acres of Land Bounded by the 18775 Public Hearing 11/11/14 Rappahannock River on the East, Herndon Street to Princess Anne Street on the South, and Extending Along Princess Anne Street to the “Ice Plant” Property, from Commercial Highway C-H and Residential R-2 to Planned Development Mixed Use PDMU for the “Mill District” (D14-452 thru D14-456). – 16 speakers. The Planning Commission minutes attached accurately records the joint public hearing. Planning Commission adjourned at 9:43 and City Council continued discussions. Councilor Devine thanked the staff for their work and the public for their comments. She said that’s how projects are made better. She noted that the project was in line with JumpStart! and the Comprehensive Plans. There were issues that need to be addressed such as the proffers, which she didn’t think were adequate, the bridge over the trail was a big concern, she felt that phasing this project would be key to the success of the project, she was concerned with traffic backups from the project and the environmental impacts and the loss of open space. Councilor Devine also said the overlay districts needed to be clarified, but overall she was excited about the area being redeveloped. Councilor Kelly addressed three points: he would like the proffers to specifically state in writing what the City would be getting; he liked the idea of phasing in the commercial and the applicant seemed willing to do that and finally he had some concerns with the development on the river. He requested that staff brief Council on floodways and floodplains and how they are addressed and what is allowed in those areas. He also said the City had some interest in this property and it needed to be discussed. Councilor Duffy stated that he was pleased with the vision for this project and he 18776 Public Hearing 11/11/14 said the underground parking was a huge benefit. He encouraged the applicant to find solutions to the following issues: phasing of the project, schools, environmental impact, traffic and trails impact. Councilor Withers said he was also concerned about the river, the trails was a major concern for him and he wanted to be sure the proffers stated exactly what the City would be getting. Councilor Ellis thanked the applicant for the vision. He added that he was an avid user of the trails and he said that if the bridge had to be built across the trail, he didn’t see that as a killer for the project. He agreed that the river needed to be protected. Councilor Frye also agreed that this was a good project, but he noted that it was hard to hold the applicant accountable for the proffers when there are no guidelines for the applicant to follow. He thanked the public for their comments. Mayor Greenlaw explained the rezoning process stating that in order to rezone there must be a vision and a concept, which the applicant has given. She also explained that the applicant could not complete all the details until the rezoning was approved. Multiple approvals are needed before the project can move forward and Mayor Greenlaw added that this was a remarkable opportunity for the City to have one person to have a vision for an entire area. She applauded Mr. Whalen and his team. Adjournment. There being no speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 9:31 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18777 Public Hearing 11/11/14 [This page intentionally left blank.] 18778 Regular Session 11/11/14 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 November 11, 2014 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, November 11, 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. Planning Commission Present. Chairman Richard Friesner, Vice-Chair Joann Kaiman, and Commissioners James Beavers, Richard Dynes, Dr. Roy Gratz, Roy McAfee, James Pates. Also Present. City Manager Beverly Cameron, City Attorney Kathleen Dooley, Director of Community Planning and Building Development Charles Johnston, Zoning Administrator Michael Craig, Development Administrator and Code Enforcement Officer Marne Sherman 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 Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer John 18779 Regular Session 11/11/14 Fesq at this evening’s meeting. Proclamation for Small Business Saturday – November 29, 2014 (D14-451). Mayor Greenlaw presented Anne Glave, Executive Director for the Main Street Initiative with the proclamation for Fredericksburg Main Street Initiative proclaiming November 29, 2014 as Small Business Saturday, and she urged the residents of the community to support small businesses and merchants on Small Business Saturday and throughout the year. Ms. Glave, thanked the Mayor and Council for the proclamation declaring November 29 as Small Business Saturday. She also spoke about the promotions that were going on downtown such as the late night Friday’s, which have been a success and the gift card campaign they were holding for the holidays. Ms. Scarlett Pons also thanked the Mayor and Council for the proclamation. She said this was all possible because of the strong partnerships between the City, the businesses and Economic Development. Joint Public Hearing with the Planning Commission Conducted (D14-452 thru D14-456). The Council and Planning Commission conducted the scheduled joint public hearings and immediately convened the regular session upon the conclusion and adjournment of the Planning Commission meeting. Citizen Comment. The following speakers participated in the citizen comment portion of this evening's meeting. Carl Braun, 1208 Century Oak Drive, spoke in support of the Governor’s Row project and he spoke on the traffic, which he noted the project was not in Great Oaks and it was only 3 lots from Mahone Street, so he felt the traffic would not affect Great Oaks 18780 Regular Session 11/11/14 because they would more likely use Mahone to enter. He also noted that there were many commenting on the fact that there would not be a play area with this project and he stated that there was no play area in the Great Oaks Subdivision. He thought it was a smart idea for the developer to see what the Homeowners wanted to put as an amenity. Lastly, he said there needed to be some type of transition in an urban setting. Ann Black (D14-457 thru D14-458), 121 Poplar Drive, spoke in opposition of the Governor’s Row project. She also discussed sustainability, by-right use in the area of the proposed development, green space, existing zoning, proposed zoning and proffers. See D14-457 thru D14-458 for more information. Debra Vasquez, 117 Poplar Drive, spoke in opposition of the Governor’s Row Project. She requested the right-in, right-out change be removed to allow left turns onto Route off of Oakwood Street. She also felt there was not enough green space with this project and that there were too many units being proposed. She requested Council deny the rezoning. Juanita Pitchford, 2101 Hays Street, spoke in opposition of the Governor’s Row Project due to similar reasons as Ann Black and Debra Vasquez. Ordinance 14-40, Second Read, Rezoning Approximately 4.83 Acres of Land Located on the Southeast Side of the 2100 and 2200 Blocks of Hays Street and the Southwest Side of the 1000 and 1100 Blocks of Oakwood Street for “Governor’s Row”. (D14-468). Councilor Kelly stated that he supported the project because it was small and up front and because of the location he didn’t think there would be many families with children. He also did not think commercial property would be viable in this location and because of these issues he 18781 Regular Session 11/11/14 supported the project. Councilor Kelly moved to approve Ordinance 14-40 on second read, rezoning approximately 4.83 acres of land located on the southeast side of the 2100 and 2200 blocks of Hays Street and the southwest side of the 1000 and 1100 blocks of Oakwood Street for “Governor’s Row” with a change to the conditions to leave improvements at Mahon Street, but put in a caveat that the funding for Oakwood Street be used for the improvements at Oakwood or for comparable improvements on the streets; the motion was seconded by Councilor Ellis. Councilor Frye asked for clarity on the left turn lane from Mahone and Oakwood Streets onto Route 3. Mr. Johnston said the left turn lane on Mahone would be lengthened and doubled to allow two left turn lanes and he explained that Councilor Kelly’s proposal was to put on hold the improvements for Oakwood Street due to the mixed opinions on the right in and right out. Public Works staff said it was safer to have a right in, right out because it was not safe allowing traffic to crossover 3 lanes of traffic to make a left turn. The motion made proposed that the money for Oakwood could be used for some other traffic improvements. Councilor Frye said he was a supporter of the project, but he didn’t want to change what had already been agreed upon. Councilor Kelly explained that he just wanted to allow some flexibility with Oakwood Street. Councilor Frye asked if the property in the Dunkin Donuts area was not acquired would the project go forth and Mr. Johnston said it would not. Mr. Dan Webb said he had spoken with the owner of the Dunkin Donuts property and said he was willing to work with them, but he didn’t want to do anything definite until the project was approved. He 18782 Regular Session 11/11/14 assured the Council that all of the improvements at Mahone Street would happen and they would not change those plans. City Attorney made a procedural comment stating that the improvements at Oakwood Street were proffered by the land owner as part of his application and a proffer was voluntarily made by the landowner in writing. Proffers may change after the public hearing, but council can only accept the proffers made by the landowner in writing so if there was a desire for the landowner to amend a proffer than the ordinance could not be voted on at that meeting. Councilor Kelly withdrew his motion due to the process required to make changes to the proffers. Councilor Ellis moved approval of Ordinance 14-40, on second read, rezoning approximately 4.83 acres of land located on the southeast side of the 2100 and 2200 blocks of Hays Street and the southwest side of the 1000 and 1100 Blocks of Oakwood Street for “Governor’s Row”; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (4). Councilors Greenlaw, Ellis, Frye and Kelly. Nays (3) Councilors Withers, Devine, Duffy. Council Agenda Presented. The following items were presented to Council. 7A. Special Exceptions in Overlay Districts – Councilor Kelly 7B. Proffer Policy – Councilor Kelly Special Exceptions in Overlay District (D14-459) – Councilor Kelly discussed the removal of special exceptions from overlay districts and whether they were appropriate in those zoning districts. He question whether the use of special exceptions were appropriate in zoning districts where Council has placed an overlay zoning to meet 18783 Regular Session 11/11/14 specific goals. Councilor Kelly requested that staff prepare an ordinance change to eliminate the use of special exceptions for overlay districts and that the ordinance be subject to a public hearing before a final vote by Council. Councilor Devine noted that this process was being looked at by the Planning Commission and she would prefer to wait until they refer it back to Council. Mr. Johnston stated that he was hoping to put this on the next agenda. He said the Planning Commission voted to do nothing with the Special Exceptions, they felt having the flexibility would be better and it would be based on a case by case basis. Councilor Kelly added that this was a policy issue and the decision would ultimately be made by the City Council. After some discussion Councilor Kelly said he would bring a proposal to Council. Proffer Policy (D14-460) – Councilor Kelly requested a work session to discuss proffer policies and he requested it be done within the next six months. City Attorney Dooley noted that she was preparing a project charter and she wasn’t sure how long it would take her, but that it would be coming to Council. Motion to Suspend the Rules. Councilor Devine moved to suspend the rules to meet past 11:00 p.m.; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Frye and Kelly. Nays (1). Councilor Ellis. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D14-461 thru D14-467). Following review and as recommended, Councilor Kelly moved approval of the City Manager's consent agenda item; motion was seconded by Councilor Devine and passed by the following 18784 Regular Session 11/11/14 unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Transmittal of the FRED Progress Report – September 2014 (D14- 461). • Ordinance 14-39, Second Read, Amending the Unified Development Ordinance to Delete Application Type-Specific Deadlines for Action on Conditional Zoning, Special Use Permit, and Special Exception Applications, in Favor of the Uniform Review Process Set Forth in Section 72-22.1 (D14-462). • Ordinance 14-41, Second Read, Revising Financial Disclosure Requirements for Local Officers and Employees to Conform to 2014 Amendments to the Conflict of Interests Act, and Removing Planning Commissioners from Those Designated to File the Statement of Economic Interest (D14-463). • Resolution 14-89, First Read, Amending the Fiscal Year 2015 Budget by Approving Additional Funding for the Traffic Operations Center (D14-464). • Amended Resolution 14-86, Authorizing Use of $540,500 of Motor Fuels Tax Funds for Various Transportation Projects (D14-465). • Transmittal of Boards and Commission Minutes o Planning Commission – October 28, 2014 (D14-466). o Recreation Commission – September 8, 2014 (D14-467). Adoption of Minutes. Vice-Mayor Withers made a minor correction on page 18785 Regular Session 11/11/14 10 with the vote on Governor’s Row which should read Nays (3). Councilors Withers, Devine, Duffy. Councilor Devine moved approval of the October 28, 2014 Public Hearing and Regular Session minutes with the change; motion was seconded by Councilor Duffy and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Report on Text Amendments to the Unified Development Ordinance to Accommodate a 2014 Change to Virginia Code Section 15.2-2260 Regarding Subdivisions (D14-469). Development Administrator Sherman stated that at the September 23 Council Meeting, Vice-Mayor Withers requested Council defer action and directed staff to present an alternate option for the review of subdivisions involving fifty or fewer lots. From that request staff proposed a Subdivision Plat Approval Chart. In this chart, staff has recommended the creation of Administrative Subdivisions they will include any subdivisions up to nine lots and it would be reviewed and approved administratively. Staff also recommended a change to the Minor Subdivisions definitions to focus on subdivisions involving ten to fifty lots and the review would require Council review and decision. There will also be two paths, Path A and Path B, because State Code allows a property owner to submit a preliminary plat at its own option. Vice-Mayor Withers made a motion to send this item back to the Planning Commission for review; motion was 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). 18786 Regular Session 11/11/14 City Manager’s Report and Council Calendar (D14-470 thru D14- 471). City Manager Cameron asked if there were any questions regarding the Manager’s report or the Council Calendar. Activities highlighted on the report were as follows: College Heights Water Improvements Project Will Begin in December, Fall Hill Avenue Widening and I-95 Bridge Replacement Project Public Meeting, Flag Retirement Ceremony, Confined Space Rescue Training, Downtown Trick-or-Treating, Building Upgrades at Police Headquarters, Rappahannock Canal Cleaning – Lower Water Level and Building Construction Report for September 2014. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 11:03 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18787 Regular Session 11/11/14 [This page intentionally left blank.] 18788