City Council

Public Hearing 01/28/20 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 January 28, 2020 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, January 28, 2020, beginning at 7:45 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 Transit Wendy Kimball, Community Planning and Building Services Director Charles Johnston, Senior Planner Michael Craig, Community Development Planner Susanna Finn, Zoning Administrator James Newman and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D20-21 thru D20-24). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Development of the 2020-2025 Consolidated Plan which will Guide the Use of Approximately $190,000 in Annual Community Development Block Grant (CDBG) Funding (D20-21 thru D20-22). 3 speakers. Staff presented a PowerPoint and in the presentation Ms. Finn explained what the Community Development Block Grant, its objectives, what is the Consolidate Plan, current population- 20501 Public Hearing 01/28/20 income, current population – housing characteristics, 2015-2020 Consolidated Plan Programs emergency home repair, removal of architectural barriers, direct homeownership assistance, distribution, public services, impact, fiscal impact and the Consolidated Plan calendar. Council noted how great the program was and what a wonderful job Ms. Finn was doing with the program. Councilor Kelly requested more discussion on the program to see what additional funds the program may be able to receive and Councilor Devine said it this discussion took place she would like to know more about the families that were not able to be helped. Anne Klockner, Legal Aid Works, said they were recipients of CDBG funds. She spoke of how important that money was to Legal Aid Works and its clients. She said it allows them to pay attention to the 22401 residents. She is able to host “know your rights” events and this allows them to have attorneys available to answer questions. Ms. Klockner said they also send letters to people who are on the docket for eviction. She said she had ideas to help with homelessness. Rev. Carl Butler, Pastor of Mount Zion Baptist Church, Wolfe Street, stated that the church would be putting together a plan to have an elevator installed so his elderly parishioners could get in the church. He explained that the steps make it difficult for them to get inside the church. He asked if the CDBG funds could assist them with the expenses of the elevator. Trish Vaughan (D20-22.1), 1204 Washington Avenue, stated the need for affordable housing. She spoke of the 742 out of the 2200 they serve at the Fredericksburg United Methodist Food Pantry that make $2000 or less monthly and she said the CDBG fund was only useful to isolated homes and families. See D20-22.1 for more information. 20502 Public Hearing 01/28/20 Resolution 20-02, Approved, Amending the 2015 Comprehensive Plan to Amend Chapter 7, “Residential Neighborhood and Housing.” To Discuss the Importance and Role of the Built Environment or Form in Creating Neighborhood Character (D19-23 thru D20-24). Ordinance 20-02, First Read Approved, Amending the Unified Development Ordinance to Regulate Infill Development in the R-2, R-4, R-8 and CT Zoning Districts. 2 speakers. Staff presented a PowerPoint presentation and he discussed that amendments, existing Comprehensive Plan Goals, Policies and Initiatives, UDO Amendments to Infill Calculations – Setbacks, Infill Calculations – Height of Additions, Maps of substandard lots- City wide (less than 3, 750 sq. ft.), downtown (less than 3, 750 sq. ft.), substandard lots- City wide (less than 7, 500 sq. ft.), downtown (less than 7, 500 sq. ft.), Approximate building heights by story, UDO Amendment Infill Calculations – Accessory Structures, UDO Amendments Infill Calculation – Minimum Lot Width, Revised Lot Area Measurements, changes in action – “The vintage Subdivision”, changes in action – “Stonewall Heights” Subdivision and UDO Amendments Infill Calculation – Corner Lot Setbacks & Increased Rear Yard Setbacks. Rene Rodriquez, Chair of the Planning Commission, said the Planning Commission was in full support of the setbacks but they were struggling with the height restrictions and they were not ready to move forward with a vote. He said they recommend removing the height restriction from the proposal and they would like to continue working on the height restrictions and they would like to look at the fabric of the neighborhood before voting. 20503 Public Hearing 01/28/20 The Council was in agreement with spending a little more time on the height restrictions and Mayor Greenlaw suggested having a joint work session with the Planning Commission to discuss the height restrictions. Julie Ricketts, 324 Riverside Drive, she was trying to figure out how to move forward with getting a small pool put in place. Mayor Greenlaw asked for clarification from Mr. Johnston and he explained that Ms. Ricketts would like the City to move forward with the ordinance which removes pools from counting towards lot coverage. Adam Lynch, Friends of the Rappahannock, came to introduce himself to the Council but mistakenly spoke during the public hearing period. Jon Gerlach, 809 Charlotte Street, spoke in favor of the proposed ordinance. He said there were no two neighborhoods alike in Fredericksburg. He said people move here to buy a home and have an expectation that the character will be there. Mr. Gerlach said this ordinance would have real world implications. He agreed that waiting on the height restrictions would be best. He said infill development could have a bad effect on the water shed and this ordinance accomplishes a lot. Rupert Farley, 1305 Caroline Street, spoke in opposition of this ordinance he said this ordinance was environmentally unfriendly because it enhances sprawl. He said these restrictions stop the city from evolving. He said the more dense communities were more affordable. Councilor Duffy made a motion to approve Resolution 20-02, amending the 2015 Comprehensive Plan to amend Chapter 7, “Residential Neighborhood and Housing.” to discuss the importance and role of the built environment or form in creating neighborhood character; motion was seconded by Councilor Devine. 20504 Public Hearing 01/28/20 Councilor Kelly noted that many of the neighborhood and lots would not qualify as lots anywhere else in the Commonwealth and the City was trying to make communities walkable and he said it was already transit friendly. The motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Councilor Duffy made a motion to approve Ordinance 20-02, on first read, amending the Unified Development Ordinance to regulate infill development in the R-2, R- 4, R-8 and CT zoning districts, as presented by staff. Due to the lack of a second the motion failed. Councilor Devine made a motion to approve Ordinance 20-02, on first read, amending the Unified Development Ordinance to regulate infill development in the R-2, R- 4, R-8 and CT zoning districts, excluding the height restrictions; 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 8:37 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20505 Public Hearing 01/28/20 [This page intentionally left blank.] 20506 Regular Session 01/28/20 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 January 28, 2020 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, January 28, 2020, 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. (8:03), 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 Transit Wendy Kimball, Community Planning and Building Services Director Charles Johnston, Senior Planner Michael Craig, Community Development Planner Susanna Finn, Zoning Administrator James Newman 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 Lieutenant Rashawn Cowles, at this evening’s meeting. Recognizing Wendy Kimball on Her Retirement After 25 years of Service (D20-20). Mayor Greenlaw presented Ms. Kimball with a proclamation 20507 Regular Session 01/28/20 commending and expressing her gratitude to Ms. Kimball for the excellent and professional service she provided to the citizens of Fredericksburg and the entire region. City Manager Baroody stated that Ms. Kimball was a team player, she assisted with creating the core values and performance management. He said he was grateful for her contributions to the organization. He congratulated her on her retirement. Assistant City Manager Fawcett said FRED transit was a small town success story and Wendy had been with FRED for half of the life time of the system. He congratulated her on her retirement. Ms. Kimball spoke of how proud she was with many aspects of the City and she spoke of how wonderful it has been to work for the City and with City staff. Public Hearings (D20-21 thru D20-24). 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. Rupert Farley, 1305 Caroline Street, made a recommendation to the legislative committee to support ranked-choice voting. He said it had been on the docket for the last two years. He said the voting system was unfair when you have more than one person on the ballot. He said HB1103 would give localities like the City the freedom to go with ranked- choice voting if it chooses. The proposed bill HB360 would reform primaries to allow only one ballot with both Democrats and Republicans on one ballot. Mr. Farley said he would like the Council to give attention to those bills. 20508 Regular Session 01/28/20 Council Agenda Presented. The following items were presented to Council for discussion. 7A. African American History – Councilor Frye African American History. Councilor Frye stated that many localities have been doing a lot to tell their stories and he suggested that maybe the City could use a facility it already had to tell its story. He said he would like to take a look at the City’s inventory. Councilor Frye also received an email from Dr. Erin Devlin, Dr. Christine Henry and Mr. Christopher Williams from the University of Mary Washington and they would like to see a State Highway Marker on the site of the first stop of the Freedom Rides which was located at the corner of Princess Anne and Wolfe Streets. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D20-25 thru D20-33). Councilor Kelly moved approval of the City Manager’s consent agenda; 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). • Resolution 20-03, Awarding the Contract to AT&T for Next Generation 9-1-1 (D20-25). • Transmittal of Board and Commission Minutes (approved minutes can be found on the board/commission webpages after they are approved at subsequent meeting of said board/commission). o Board of Social Services – August 1, 2019 (D20-26). o Board of Social Services – October 3, 2019 (D20-27). o Clean and Green Commission – December 2, 2019 (D20-28). 20509 Regular Session 01/28/20 o Green Committee – December 10, 2019 (D20-29). o Planning Commission – April 10, 2019 (D20-30). o Planning Commission – September 11, 2019 (D20-31). o Planning Commission – November 13, 2019 (D20-32). o Planning Commission – December 11, 2019 (D20-33). Adoption of Minutes. Councilor Kelly moved approval of the January 14, 2020, 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). Appointment Fredericksburg Clean & Green Commission – Robert Courtnage, Michele Crow-Dolby, Carolyn Helfrich (D20-34). Councilor Devine made a motion to reappoint Mr. Robert Courtnage and Ms. Michele Crow-Dobly; 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). Suspension of the Rules. Clerk Lacey explained that the Commission By-Laws requires there to be an arborist on the board and Ms. Carolyn Helfrich serves as the arborist and in order to allow Ms. Carolyn Helfrich to serve a fourth term Council needed to suspend their rules. Councilor Devine moved to suspend the rules; the 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). Councilor Devine made a motion to reappoint Ms. Carolyn Helfrich to the Clean & Green Commission; motion was seconded by Councilor Kelly and passed by the following 20510 Regular Session 01/28/20 recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Appointment to the Rappahannock Regional Jail Authority – Interim Police Chief Brian Layton (D20-35). Councilor Kelly made a motion to appoint Interim Police Chief Brian Layton to the Rappahannock Regional Jail Authority; 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). Resolution 20-04, Initiating an Amendment to the Unified Development Ordinance to Permit Additional Residential Development in the Planned Development-Commercial Zoning District by Special Use Permit (D20-36). Senior Planner Craig explained that the UDO text amendment would allow additional residential use in the Planned Development-Commercial (PD-C) zoning district. Currently the PD-C zoning district permits ten percent of the total acreage to be residential. Celebrate Virginia South is 541 acres and 54 acres of that development is already dedicated to residential use. Under the current ordinance no more residential units are allowed and the City has recently been approached about a mixed use project in Celebrate Virginia that contains a substantial employment center along with an additional residential use proposal to include senior housing. Mr. Craig stated that the Area 1 plan and market study says the characteristics of the area would have residential growth. The PD-C within Area 1 includes Celebrate Virginia South and Central Park. The proposed ordinance would allow applicants to apply for an additional ten percent of the land area to be residential but it would limit the total number of units requested by capping it by multiplying twelve times the total 20511 Regular Session 01/28/20 additional acreage available for residential by special use percent in addition to several criteria’s that must be met. Councilor Graham was in full support of this proposed change he said this was the perfect opportunity to create the density. This area could be an entertaining area with the baseball stadium at the heart. Councilor Graham asked the Council to consider removing the restriction on the limit of units per acre. Councilor Graham made a motion to approve Resolution 20-04, initiating an amendment to the Unified Development Ordinance to permit additional residential development in the Planned Development-Commercial Zoning District by Special Use Permit with the amendment to remove the restriction of the limit on the units per acre; motion failed due to the lack of a second. Councilor Kelly said he would like to leave that restriction in the proposed ordinance until the public has an opportunity to weigh in on it. Councilor Kelly made a motion to approve Resolution 20-04, initiating an amendment to the Unified Development Ordinance to permit additional residential development in the Planned Development-Commercial Zoning District by Special Use Permit; motion was seconded by Vice-Mayor Withers. Councilor Devine agreed with Councilor Kelly because she was concerned with changing the commercial into more residential because the City was already struggling to absorb some of it residential development hat was coming on board. The impact on the schools need to be taken into consideration. Mayor Greenlaw agreed we were struggling with the balance of commercial and residential. The City was in need of commercial to have income to build the schools. 20512 Regular Session 01/28/20 The motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Resolution 20-05, Approved, Initiating an Amendment to the 2015 Comprehensive Plan to Amend Chapter 10 “Land Use,” and Chapter 11, “Planning Area,” to Adopt a New Small Area Plan for Planning Area 7 (D20-37 thru D20-38). Ms. Finn presented a PowerPoint presentation and she discussed the land use and zoning; access and mobility – pedestrian, bicycle and trail, vehicle, mass transit; Walkable Urban Places; open space – uplands and riverfront. Councilor Kelly said FAMPO had recently given a presentation on multi-modal transportation and he encouraged people from the county to get on a bus to come to the train station instead of driving. He said he would like to have discussions on this before moving forward. Councilor Graham said this was amazing work and he was interested in hearing about a bus route down Lafayette Boulevard. He said the bicycle corridors were a huge component but he asked staff to drop the idea of sharrows because they were not safe. Vice-Mayor Withers expressed concern that the second block of the William Street corridor extension was all residential and he said he would like to see a walking trail through the Riverfront Park. Mayor Greenlaw added that the area plans were amazing and that they were some if the finer works done in the City. Councilor Devine said this was wonderful work and it was the road map the City needed. This was an intricate look at the areas with a lot of community input and staff time. 20513 Regular Session 01/28/20 This would allow people to choose neighborhoods for what they have in them, it increases amenities to the parks and it was a wonderful look at what the community could be. Councilor Kelly made a motion to approve Resolution 20-05, initiating an amendment to the 2015 Comprehensive Plan to amend chapter 10 “Land Use,” and Chapter 11, “Planning Area,” to adopt a new Small Area Plan for Planning Area 7; 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). City Manager’s Report and Council Calendar (D20-39 thru D20-40). City Manager Baroody directed the Council’s attention to the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Library Ribbon Cutting and Grand Opening for Renovated Theater, Community Dialogues: Public Input Meetings, Braehead Community Meeting, FRED Transit to Relocate Spotsylvania Avenue Transfer Point, Winter Restaurant Week Continues Through January 26, Extended Parking in Downtown Ends January 31, Hockey Rink Use Ramping Up, Chatham Bridge Rehabilitation Project, Spencer Devon Remains Open During the George Street Closure, Closure of Upper Caroline Street – Replacement of Sanitary Sewer System, Detour of Heritage Trail, Father- Daughter Dance, and Fred Focus. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:30 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20514