City Council

Public Hearing 09/24/19 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO CITY COUNCIL 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 HON. CHARLIE L. FRYE, JR., WARD FOUR Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 September 24, 2019 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, September 24, 2019, 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., 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, Director of Community Planning & Building Services Charles Johnston, Senior Planner Michael Craig, Community Development Planner Susanna Finn, Economic Development Director Bill Freehling, Business Development Manager Angela Freeman and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D19-397 thru D19-401). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Granting an Amended Special Use Permit for an Expansion of the M&M Auto Parts Recycling Facility with Outdoor Storage (D19-397 thru D19-401). 10 speakers. Staff gave a PowerPoint presentation and he gave an overview of the project, he discussed the existing site conditions, details of the property, how they would 20397 Public Hearing 09/24/19 drain the vehicles, number of employees they would hire, estimated revenues, Economic Analysis and conditions for approval. See D19-398 for more information. Charlie Payne (D19-399), Hirschler Fleischer, representative for the applicant, presented a PowerPoint presentation and he did an overview of the project, and discussed the existing operations, comp plan, current surroundings of the area, and impacts to the surrounding properties, current surrounding area, environmental and historical impact, transportation and closing comments. See D19-399 for more information. Mayor Greenlaw asked for clarification on the number of cars and if there was a Stormwater plan. Mr. Payne said there would be approximately 3,000 cars and they would rotate. He explained that there would be Stormwater testing, the same as the requirements for the current site. Councilor Devine ask if there would be a fence or a wall screening the vehicles and whether the location in Stafford County would remain open. Mr. Payne said the property would have a fence consistent to the current fence and that the lot in Stafford County would remain open. Council asked about the crusher, and the fluids in the vehicle and whether they would be processing additional cars. Rick Morrow, Owner, explained that the cars would be crushed in the crusher which will be powered by a diesel engine. He said all fluids would be drained from the cars and they would be processing more vehicles because it was a larger operation. Hannah Fallon, 1813 Genther Lane, expressed her concern that Braehead Farms would lose a significant part of its pumpkin and berry patches which she called a community treasure. She said the Farm was such an important part of the community and important for 20398 Public Hearing 09/24/19 the school children to go and see where their food comes from. Ms. Fallon said Braehead was the only place in the City for kids to go and see this. John J. Schwartz(D19-400), realtor, spoke on behalf of the owner of the 62+/- acres, he explained that he met with the surrounding businesses to see if there was any interest in the property, he met with Economic Development to understand the “rules of engagement” for the development of the property. Mr. Schwartz said he tried to get a data center to locate there but because of the site limitations, size, shape and maximum potential results it did not work. He spoke of the many buyer contracts and other prospects that fell through because of the site building capacity, site shape and wetland results that prevented the deals from going through. Mr. Schwartz spoke in support of M&M Auto and he said he believes they will do what is right to make this site work for all parties. Mitzi Brown, 809 Charlotte Street, said there was some confusion with the Chesapeake Bay Preservation act and whether it was a Resource Protection Area (RPA) or Resource Management Area (RMA). She said it appeared to be an RMA when she looked it up on the map and if according to the Act if any portion of the RMA touches the parcel the entire parcel is in the RMA. She wanted to be sure that the wetlands are really protected. Ms. Brown said this needed to be taken seriously. Holly Clarke, 1504 Winchester Street, noted that a person is entitled to sell a property but they were not entitled to a special use permit (SUP) and the only way to sell this property was with an SUP they must not have been selling the property at fair market value. Paul Vandetto, Kinloch Drive, asked several technical environmental questions and he asked about the noise from the crushing machine. He was concerned with the runoff into the park. 20399 Public Hearing 09/24/19 Mr. Craig explained that the site was within a RMA which requires them to submit a water quality assessment. He said there were no RPA’s being impacted and the wetlands that have main streams were not being disturbed. Mr. Craig explained that there was one area that was currently being farmed that was technically a wetland and it could be disturbed with a permit from the Corps of Engineer. Jon Gerlach, 809 Charlotte Street, questioned whether the storage racks would be on both sides of the wetlands and Mr. Craig explained that the racks would be in the areas that were not forested. He said those areas were not designated RPA because they did not have perennial streams running through them. Mr. Gerlach reminded the Council that the entire area was within the RMA. Martin Miller, 216 Caroline Street, spoke in regards to the Janney Marshall Building. He said that majority of the neighborhood were in support of the renovation of the building but there were concerned about the parking. He said there was not enough room on Frederick and Princess Anne Streets for parking. He asked the Council to weigh the community’s interests as they weigh the developer’s interests. Mayor Greenlaw reminded citizen that the public hearing was on the M&M special use permit request. Ed Foresman, 224 Braehead Drive, said Braehead Manor and Braehead Farms was just around the corner and that it was in an industrial area surrounded by industrial use. He said the current M&M facility was surrounded by a fenced area and this property would be the same making it more of an industrial area. He said this would be a glorified junk yard with decaying and rusting cars. Mr. Foresman was concerned they would buy up more property in the area. He said this property could be better used for something else. 20400 Public Hearing 09/24/19 George Snead (D19-401), 1130 Tyler Street, Owner of the Braehead Farms, thanked the community for their outpouring support of the farm and the concerns with the future of the farm. Mr. Snead explained that the family lost the 60 acres in 2010. In 2013, he said he and his wife opened the farm to the public and they offer pick-your-own fruits vegetables and flowers amongst other activities to include a rescue farm. He said they have had over 25,000 paying guests generating $10,000 in admission tax revenue. Mr. Snead explained that he currently leases back the 60 acres for crops and large events. He said the large events keep them financially through the year. He said they realized that they would not be able to lease the land forever. Mr. Snead said after learning M&M would be purchasing the property they met and toured their facility and what they learned about the operation eased their minds. He said he believes M&M was the best use of the land and M&M was willing to work with them. See D19-401 for more information. Vice-Mayor Withers asked if the road crosses the wetlands area and Mr. Craig said no wetlands were affected. Councilor Frye asked if any of the wetlands area could be farmed and Mr. Craig said he was not sure but the land could legally be disturbed but they would have to go through a formal process with DEQ. Mr. Payne added that his applicant had been a good neighbor and he had rehabilitated the area. He said having a resilient employer in the area helps to offset impacts for services that the City has to pay. He said this property had been zoned industrial since the 60’s. Mr. Payne said they contacted the National Park Service and there were no issues. Mr. Payne said a good portion of the Industrial park was in an RMA as well as other areas in the City but they were allowed to be developed. Mr. Payne said they would be required to do onsite well monitoring to be sure nothing was getting into the ground. 20401 Public Hearing 09/24/19 Mayor Greenlaw asked how long the cars were kept and Mr. Payne said the cars were kept 12-18 months and then crushed and taken away. Mr. Payne also clarified that the land that Councilor Frye asked whether it was farmable was used as the pasture for the cows. Councilor Duffy stated that he had toured the M&M facility and it was run with professionalism and it was well organized but the scale of this project gives him pause. Councilor Devine said she shared Councilor Duffy’s concerns and she wanted to know how mosquitos would be managed. She was concerned that the cars would collect water and cause mosquitos. Mr. Morrow explained that the cars have drain plugs and they were removed so that water could drain out of the cars. He said they do monitoring samples once a quarter and the have not had any violations of high counts of any contents. Mayor Greenlaw noted that if they denied the special use permit it does not save the use for Braehead Farm and the Council had no way of assuring the use for the farm. Councilor Kelly said he would like clarity on some of the questions asked and allow staff time to put some information together on RMA so he moved to postpone action until the October 8 meeting; 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, Vice-Mayor Withers declared the hearing officially adjourned at 8:44 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20402 Public Hearing 09/24/19 20403 Regular Session 09/24/19 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO HON. KERRY P. DEVINE, AT-LARGE CITY COUNCIL HON. MATTHEW J. KELLY, AT-LARGE HON. JASON N. GRAHAM, WARD ONE HON. DR. TIMOTHY P. DUFFY, WARD THREE HON. CHARLIE L. FRYE, JR., WARD FOUR Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 September 24, 2019 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, September 24, 2019, 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., 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, Director of Community Planning & Building Services Charles Johnston, Senior Planner Michael Craig, Community Development Planner Susanna Finn, Economic Development Director Bill Freehling, Business Development Manager Angela Freeman 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 Heather Miller, at this evening’s meeting. 20403 Regular Session 09/24/19 Public Hearings (D19-397 thru D19-401). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. The following speakers participated in the citizen comment portion of this evening’s meeting. Rebecca Hanmer (D19-402), 138 Caroline Street, spoke about protecting the green- space adjacent to the Janney Marshall building and the train station. She said she was part of the coordinating committee to seek permanent protection of the greenspace as a city park (Trestle Park). Ms. Hanmer stated that the neighborhood had presented a petition during the Area 7 Small Area Plan meetings after some modifications she presented the formal petition to Mayor Greenlaw and the Council as well as the City Manager. Ms. Hanmer thanked the Planning staff for conditions minimizing disturbance of the trees and shrubs to the green space and she asked that the Council consider their petition and officially create Trestle Park. Council Agenda Presented. The following items were presented to Council for discussion. 7A. 2020 Census – Councilor Duffy 7B. Murder Free Fredericksburg – Councilor Frye 2020 Census. Councilor Duffy stated that he sat in on the Complete Count Committee meeting for the 2020 Census for Fredericksburg and he said a Census Official gave a great presentation. Councilor Duffy said Ms. Finn suggested that he join the Complete Count Committee and as long as the Council had no issues, he would join the committee. He also informed the public about how important it was to complete the census because the City 20404 Regular Session 09/24/19 receives thousands of dollars for each person counted in the City. He assured the public that the Census Bureau could not share any information that goes to the Bureau. Councilor Withers noted that the City loses $20,000 for each person not counted over a ten year period. Murder Free Fredericksburg. Councilor Frye noted that there was a homicide in the City and he reminded people that there was a gun giveback program in the City with no questions asked. He alerted the citizens if they have a weapon in their home that they would like to get rid of that it could be turned in to the Police Department to help prevent crimes in the future. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D19-403 thru D19-406). Councilor Kelly moved approval of the City Manager’s consent agenda; 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). • Resolution 19-79, Approved, Approving the 2018-2019 Consolidated Annual Performance and Evaluation Report (D19-403). • Resolution 19-77, Second Read Approved, Amending the Fiscal Year (FY) 2020 Budget by Creating the Stadium Fund (Fund 0217) (D19-404). • Transmittal of Board and Commission Minutes. o Economic Development Authority – August 12, 2019 (D19-405). o Green Committee – August 13, 2018 (D19-406). Adoption of Minutes (D19-407 thru D19-408). Councilor Graham moved approval of the April 16 and April 23, 2019 Work Sessions and the September 10, 2019 20405 Regular Session 09/24/19 public hearing and regular session minutes; 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). Appointment to the Citizens Transportation Advisory Committee – Joshua Brock (D19-409). Councilor Kelly made a motion to appoint Joshua Brock to the Citizens Transportation Advisory Committee; 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). Ordinance 19-31, Second Read Approved, Amending the City’s Zoning Map to Remove Approximately 0.443 Acres of Land Associated with the Janney-Marshall Building from the Railroad Station Overlay District (D19-410). After staff presentation Vice-Mayor Withers made a motion to approve Ordinance 19-31, on second read, amending the City’s Zoning Map to remove approximately 0.443 acres of land associated with the Janney-Marshall Building from the Railroad Station Overlay District; 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). Ordinance 19-33, Second Read Approved, Granting John A. Janney an Easement Across City Property Located at the Corner of Caroline and Frederick Streets for Underground Gas and Electric Service Lines for the Three Story Mixed Use Building at 401-409 Princess Anne Street (D19- 410). Vice-Mayor Withers made a motion to approve Ordinance 19-33, on second read, 20406 Regular Session 09/24/19 granting John A. Janney an easement across city property located at the corner of Caroline and Frederick Streets for underground gas and electric service lines for the three story mixed use building at 401-409 Princess Anne Street; 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). Resolution 19-80, Approved, Granting a Special Use Permit for Increased Residential Density for the Janney-Marshall Building, a Mixed- Use Project in the Commercial Downtown Zoning District (D19-410). In reference to discussions at the public hearing on September 10 Councilor Duffy asked Mr. John Janney the value of the tax credit with keeping the shed. Mr. Janney explained that he would get a twenty percent federal tax credit and a twenty-five percent state tax credit of the total renovation cost and the cost could be $2,000,000 which equals $900,000 in credit. Mayor Greenlaw clarified that Mr. Janney could only get this credit if the shed was left in place for five years. Discussions were had regarding the lack of parking in the area and that a parking fund needed to be created. Mr. Janney agreed and said the City needed to look at developing a master plan for parking and as a developer he would be willing to pay for parking. He noted that Frederick Street rarely had anyone parked on it and with the six spaces onsite he said he could make it through until he could build the parking next to the building. Vice-Mayor Withers made a motion to approve Resolution 19-80, granting a Special Use Permit for increased residential density for the Janney-Marshall Building, a mixed-use project in the Commercial Downtown Zoning District; motion was seconded by Councilor 20407 Regular Session 09/24/19 Graham and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Frye and Graham. Nays (1). Councilor Kelly. Resolution 19-81, Approved, Granting a Special Exceptions for Minimum Commercial Area for the Janney-Marshall Building on Princess Anne Street (D19-410). Vice-Mayor Withers made a motion to approve Resolution 19- 81, granting a Special Exceptions for minimum commercial area for the Janney-Marshall Building on Princess Anne Street; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Frye and Graham. Nays (1). Councilor Kelly. Resolution 19-82, Approved, Initiating an Amendment to the 2015 Comprehensive Plan Amend Chapter 11, “Planning Areas,” to Change the Future Land Use of Planning Area 5B (D19-411 thru D19-412). After staff presentation Councilor Duffy made a motion to approve Resolution 19-82, initiating an amendment to the 2015 Comprehensive Plan Amend Chapter 11, “Planning Areas,” to change the future land use of Planning Area 5B; 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). Resolution 19-83, First Read Approved, Amending the Fiscal Year 2020 Capital Budget for the Small Area Plan Project (D19-413). After staff presentation Councilor Kelly made a motion to approve Resolution 19-83, on first read, amending the Fiscal Year 2020 Capital Budget for the Small Area Plan project; motion was 20408 Regular Session 09/24/19 seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Resolution 19-84, Approved, Creating the City Council-City Schools Joint Working Group, and Appointing the City Council Members (D19- 414). After staff presentation Councilor Devine made a motion to approve Resolution 19-84, creating the City Council-City Schools Joint Working Group, and appointing the City Council members; 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). Councilor Devine made a motion to appoint Mayor Greenlaw and Councilor Kelly as the Council representatives for the Working Group; 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). City Manager’s Report and Council Calendar (D19-415 thru D19- 416). City Manager Baroody directed Council’s attention to the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Parks, Recreation and Events Strategic Planning Survey, VML Innovation Award for Environmental Quality, New Payment Portal for Utility Billing, Baseball Team Store New Hours, Parking Garage Now Cashless, Census 2020, Save the Date for the Big Fall Clean UP!, Soggy Doggy Event, Restrooms at Memorial Park Update, United Way Benefit Golf Tournament, City Public Safety Staff Helps Make Child’s Birthday Party a Success, Food Access Open House at Fredericksburg Farmers Market, Register now for the Fredericksburg Veterans Day Procession! and Fred Focus. 20409 Regular Session 09/24/19 Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:40 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20410 Regular Session 09/24/19 [This page intentionally left blank.] 20411