City Council

Public Hearing 09/25/18 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR CITY COUNCIL HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. JASON N. GRAHAM, 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 25, 2018 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, September 25, 2018, beginning at 7:31 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, William C. Withers, Jr., Council members Kerry P. Devine, Dr. Timothy P. Duffy, Charlie L. Frye, Jr, Jason N. Graham and Matthew J. Kelly. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager Doug Fawcett, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Budget Manager Deidre Jett, Director of Community Planning & Building Services Charles Johnston, Senior Planner Michael Craig, Development Administrator Marne Sherman, Transportation Administrator Erik Nelson, Building Official John Shaffer and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D18-326 thru D18-331). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution 18-77, Approved, Approving the Preliminary Subdivision Plat for Valley Run, Approximately 7.6 Acres of Single- Family Attached Development, with Associated Access and Infrastructure Improvements (D18-326 thru D18-329). 2 speakers. This was an 20055 Public Hearing 09/25/18 extended public hearing from the August 28, 2018 meeting. The Valley Run application was for two special exception requests for alley width and lot frontage. The preliminary subdivision application was for a neighborhood consisting of sixty-four (64) proposed townhome lots to be developed on private streets and alleyways. The applicant updated the application to address concerns raised at the August 28 public hearing to include adding a FRED bus shelter, additional pedestrian access from the neighborhood along Route 1, they established that the maintenance of all open space, grass and landscape would be the responsibility of the Homeowner’s Association, they created a level community gathering area. Ms. Sherman presented a PowerPoint presentation and she reviewed the preliminary plat, the updates, concept plan without alley width exception and preliminary plat with alley width exceptions, concept plan without lot frontage exception and preliminary plat with lot frontage exceptions and examples of lots fronting on open space. (See D18-327). Councilor Kelly asked if the staff was still planning to bring changes to the ordinance to allow lot frontage on open space and smaller alleyways and Mrs. Sherman said it would be coming to Council soon. Councilor Graham asked how addressing was done for lots fronting on open space for emergency responses and Mrs. Sherman said she worked closely with GIS and the addressing committee but each townhome would have a street address. Vice-Mayor Withers stated that he was not in support of this project but he was not going to vote against it so he decided to abstain from the vote. He also asked the applicant if they had considered eliminating Lots 19-22 for more open space and Mr. Webb said they had not because it would make the profit margin very tight. Councilor Devine thanked the applicant for including the green space but added that the space did not allow park space. 20056 Public Hearing 09/25/18 Mr. Daniel Webb (D18-__), applicant, presented a PowerPoint presentation and he showed the location of the requested smaller alley widths, location of the lot frontage exceptions, examples of lot frontage townhomes, he discussed the by right with no exceptions, frontage with no exceptions, he showed examples of existing lot frontage property and he showed a slide with the proposed conditions. (See D18-328 thru D18-329). Councilor Frye thanked the applicant for the FRED bus stop. He also noted that there was no discussion regarding affordable housing and he’d like to make sure that takes place on future projects. Councilor Duffy was thankful for the improvements but did not particularly like that the property was horseshoed in between commercial properties but he was going to support the project. Harriet Rowe, 1238 Brent Street, went through a few items that concerned her: garages removed from several units, bus shelter she thought it was for school children, community gathering area needed to be covered, screened fence and the sound bouncing off of it, the size of the public streets and who owns them, and the right turn lane. Mr. Web addressed the elimination of the garages. He said he had to eliminate them to meet the requirements because there couldn’t be driveways on private streets but the plans submitted for approval have the garages included. The streets were private but they were being built to public standards. Ms. Sherman said the school bus shelter has not been addressed. She said the community gathering area was an additional space, there was no plans to add landscaping to the screening fence and public works reviewed and thought the right turn lane would be a benefit to the community and the traffic on Route 1. 20057 Public Hearing 09/25/18 Councilor Kelly made a motion to approve Resolution 18-77, approving the preliminary subdivision plat for Valley Run, approximately 7.6 acres of single-family attached development, with associated access and infrastructure improvements; motion was seconded by Councilor Frye and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Abstain (1) Withers. Ordinance 18-13, Second Read Approved, Granting a Sanitary Sewer Easement to Stafford County Over Property in Stafford Jointly Owned by the County and the City and Operated by the Rappahannock Regional Solid Waste Management Board (D18-330 thru D18-331). No speakers. After staff presentation Councilor Kelly made a motion to approve Ordinance 18- 13, on second read, granting a sanitary sewer easement to Stafford County over property in Stafford jointly owned by the County and the City and operated by the Rappahannock Regional Solid Waste Management Board; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Adjourned. There being no more speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 8:10 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20058 Regular Session 09/25/18 WE’LL HAVE TO CITY OF FREDERICKSBURG, VHIRGINIA ON. MARY KATHERINE GREENLAW, MAYOR CITY COUNCIL HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. JASON N. GRAHAM, 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 25, 2018 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, September 25, 2018, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, William C. Withers, Jr., Council members Kerry P. Devine, Dr. Timothy P. Duffy, Charlie L. Frye, Jr, Jason N. Graham and Matthew J. Kelly. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager Doug Fawcett, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Budget Manager Deidre Jett, Director of Community Planning & Building Services Charles Johnston, Senior Planner Michael Craig, Development Administrator Marne Sherman, Transportation Administrator Erik Nelson, Building Official John Shaffer 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 Tedd Marrs at this evening’s meeting. 20059 Regular Session 09/25/18 Withdrawal of Applications (D18-325). Mayor Greenlaw announced that the applicant withdrew the application for the CVAS Properties, LLC Special Use Permit requests. The items would be discussed at the October 23 meeting. Public Hearings (D18-326 thru D18-331). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. There were no speakers participating in the citizen comment portion of this evening’s meeting. Council Agenda Presented. The following items were presented to Council for discussion. 7A. Slave Auction Block Dialogue Update – Councilor Frye 7B. Waste Management – Councilor Kelly Slave Auction Block Dialogue Update. Councilor Frye said he was using this as public awareness. He said for the last year the City had been working with International Sights of Conscience (ISC) to host meetings and receive comments back on the Slave Auction Block at Charles and William Streets. Councilor Frye noted that over the past week or so there had been an organization asking the Council to reconsider. He said the Council did receive a letter but he was not going to speak on behalf of the organization who submitted the letter. Councilor Frye said the meetings being held by ISC have all been public and this was the opportunity for those to speak and they would submit reports to the City on all the comments. Councilor Kelly said from the beginning if there was any community that could have this discussion and have it civilly it was the City. He said the City has had and will continue 20060 Regular Session 09/25/18 to have those discussions. He said everyone was on the same page with the goal of telling the City’s history and all parts must be told. Councilor Kelly said he was proud to be a member of a community that could have this discussion civilly. Mayor Greenlaw thanked all the citizens that have come out to the discussions. She said the discussions have been fruitful, honest, truthful and sincere. She said while people differ on how the artifact should be displayed and where it should be displayed there was consensus on telling the story. Councilor Frye added that it was heartwarming to see elderly people who did not think they had a voice, come out to speak to this issue. Waste Management. Councilor Kelly reported that they hosted a meeting at GWRC to include representatives from all the jurisdictions in Planning District 16 (PD16). He said they all agreed there was no long term waste solutions for PD16. One of the discussion they are having was related to composting. He said there would need to be partners in this effort because it could be very costly. Councilor Kelly said he would like to see the Clean and Green Commission take this on and see what the possibilities are for composting. He said he would also like to have this discussion at the Council retreat. He suggested the R-Board and GWRC be involved in the conversations. Councilor Kelly said there was an open offer from a firm in Prince William County to come do a presentation. Councilor Devine said the Clean and Green Commission had been at the forefront of those discussions but additional conversations needed to happen on how the waste was currently being handled. She said the Clean and Green Commission was a small commission and they had other projects they were working on such as a solar roof for Thurman Brisben Center and teaching people the trade of installing solar panels and it was also working with the baseball stadium to make it a zero waste facility. 20061 Regular Session 09/25/18 City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D18-332 thru D18-346). Councilor Kelly moved approval of the City Manager’s consent agenda items; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). • Ordinance 18-14, Second Read, Amending the Regulations Regarding Entry Into and Watercraft on the City Canal and Cossey Pond (D18-332). • Resolution 18-78, Approving the 2017-2018 Consolidated Annual Performance and Evaluation Report (D18-333). • Resolution 18-79, Initiating Amendment to the Development Standards of the Unified Development Ordinance, to Revise Layout, Access, Parking, Utilities, Landscaping, Refuse Collection, Exterior Lighting, and Sign Regulations (D18- 334). • Resolution 18-80, Initiating Amendments to the Unified Development Ordinance to Provide for Form-Based Zoning, to Add Form-Based Regulations to the Commercial-Highway Zoning District, Amend the Permitted Uses in the Commercial-Highway Zoning District, and to Amend the Zoning Map by Providing a Frontage Map to be Applied in Conjunction with the New Regulations (D18-335). • Transmittal of Board and Commission Minutes o Architectural Review Board – April 9, 2018 (18-336). o Architectural Review Board Supplemental – April 23, 2018 (18-337). o Architectural Review Board – June 11, 2018 (18-338). 20062 Regular Session 09/25/18 o Architectural Review Board Supplemental – June 25, 2018 (18-339). o Board of Social Services – June 14, 2018 (18-340). o Economic Development Authority – July 9, 2018 (18-341). o Fredericksburg Clean and Green Commission – July 9, 2018 (18-342). o Green Committee – August 14, 2018 (18-343). o Recreation Commission – May 17, 2018 (18-344). o Recreation Commission – June 21, 2018 (18-345). o Recreation Commission – July 19, 2018 (18-346). Adoption of Minutes (D18-347 thru D18-349). Councilor Devine moved approval of the May 22, August 14 and August 16, 2018, Work Session Minutes and the May 22, September 11, 2018 Public Hearing and Regular Session Minutes; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Fredericksburg Arts Commission Appointment – John Cunningham, Adam Schwartz, Andrea Smith (D18-350). Councilor Devine moved to appoint John Cunningham to the Fredericksburg Arts Commission; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Ordinance 18-15, First Read Approved, Adopting the Criteria Described in the Virginia Uniform State Building Code and Statewide Fire Prevention Code as Qualifications for Membership on the Fredericksburg Board of Building Code Appeals and Fredericksburg Fire Prevention Appeals Board (D18-351). After staff review Vice-Mayor Withers 20063 Regular Session 09/25/18 expressed his concerns that this change may allow this Board to be all non-city residents. Staff explained that this was a Board that was hard to fill vacancies and that the Council had ultimate control over who they put on the Board. Vice-Mayor was insistent that there needed to be language in the ordinance that said there should be at least two City residents on the board. Councilor Duffy said it was more important to him to have a functioning board and Mr. Shaffer agreed stating that the applicants must be competent because they would be appealing decisions made by him as the building official and the Fire Marshall’s. Councilor Kelly made a motion to approve Ordinance 18-15, on first read, adopting the criteria described in the Virginia Uniform State Building Code and Statewide Fire Prevention Code as qualifications for membership on the Fredericksburg Board of Building Code Appeals and Fredericksburg Fire Prevention Appeals Board; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Frye, Graham and Kelly. Nays (1). Vice-Mayor Withers. Resolution 18-81, Approved, Committing or Assigning Unassigned General Fund Balance for Various Purposes (D18-352). After staff review Councilor Devine made a motion to approve Resolution 18-81, committing or assigning unassigned General Fund Balance for various purposes; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Resolution 18-82, Approved, Approving a Fiscal Year (FY) 2019 Budget Amendment for the Lafayette Boulevard Transit Study and Recognizing Motor Fuels Tax Revenue (D18-353). After staff review Councilor 20064 Regular Session 09/25/18 Duffy made a motion to approve Resolution 18-82, approving a Fiscal Year (FY) 2019 budget amendment for the Lafayette Boulevard Transit Study and recognizing motor fuels tax revenue; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). CVAS Properties, LLC (owner) Requests a Special Use Permit for an Automotive Services Use (D18-354). This item was pulled at the request of the applicant. CVAS Properties, LLC (owner) Requests a Special Use Permit for a Convenience Store With Gasoline Sales (D18-355). This item was pulled at the request of the applicant. City Manager’s Report and Council Calendar (D18-356 thru D18- 357). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Community Collaboration Meetings, Neighborhood Planning, Day of Opportunity, Picnic in the Park and Veterans Day Procession. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 8:58 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20065 Regular Session 09/25/18 [This page intentionally left blank.] 20066