City Council

Public Hearing 01/14/25 HON. KERRY P. DEVINE, MAYOR HON. CHARLIE L. FRYE, JR., VICE -MAYOR, WARD FOUR CITY OF FREDERICKSBURG, VIRGINIA HON. JANNAN W. HOLMES, AT-LARGE CITY COUNCIL HON. DR. WILL B. MACKINTOSH, AT-LARGE HON. JASON N. GRAHAM, WARD ONE HON. JONATHAN A. GERLACH, WARD TWO VACANT, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 January 14, 2025 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, January 14, 2025, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Kerry P. Devine. Vice-Mayor Charlie L. Frye, Jr. Council members Jonathan A. Gerlach, Jason N. Graham, Jannan W. Holmes and Dr. Will B. Mackintosh. Others Present. City Manager Timothy J. Baroody, Deputy City Manager Mark Whitley, Deputy City Manager David Brown, City Attorney Kelly Lackey, Director of Planning and Building Services Michael Craig, Zoning Administrator Kelly Machen, Director of Economic Development and Tourism Josh Summit and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D25-10 thru D25-27). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 25-01, First Read, Repealing the Railroad Station Overlay District and Amending the Official Zoning Map Accordingly (D25-10 thru D25-27). Planning and Building Services Director Craig presented a brief PowerPoint 22371 Public Hearing 01/14/25 presentation but before he began, he explained that there were two items regarding the removal of the Railroad Overlay District zoning map amendments and text amendments. Mr. Craig explained that the Planning Commission held two public hearings and there was robust community dialog and the discussion included reviewing permitted building heights, infill development potential, traffic, parking, localized and systemic safety issues and the downtown engineering traffic study promoting walkability and climate sense of development adjacent to transit and the development of a tax base. In his PowerPoint, he showed the properties that the RSO represents. The original purpose of the RSO, which was established in 1991, and was to encourage development around the train station. The RSO was modified in 2012/2013 to limit development on the adjacent Darbytown residential neighborhood. Additional modification overtime included changes in purpose, reduction in permitted height limits and a reduction in the floor area ratio. Mr. Craig reported that in 2017 the Coffee Warehouse, 310 Frederick Street, was removed from the RSO to enable the reuse of the 1880 structure. A special use permit was approved for 17 apartments and four townhomes. A special exception was also approved for 18% commercial use, reduced side setbacks and reduced rear setbacks. In 2019, the Janney-Marshall building, 401 Princess Anne Street, was removed from the RSO to enable the reuse of the 1869 structure. A special use permit was approved for 12 apartments and a special exception was approved for 10% commercial use. 22372 Public Hearing 01/14/25 Mr. Craig explained that during the Area 7 Downtown Plan discussions there was a focus on the removal of the RSO and it stated that infill development should be a priority in that portion of the City. It was also stated that the RSO should be replaced with a form base set of regulations permitting transition in intensity from the downtown to the adjacent neighborhoods. Mr. Craig noted that an infill project was proposed at 400 Princess Anne Street and they requested removal from the RSO so that they could use the special use permit process for a total of eight units. He said the project met the RSO standards except for the unit count. Mr. Craig presented the remainder of his presentation and he discussed the removal of the RSO and what it would do, units per acre in the area, trips per day, improvements made to recent projects and safety issues. The entirety of the RSO is located in the old and Historic Fredericksburg Overlay District (OHFD). The provisions of the OHFD have been used to ensure development is consistent with the historic character of this area of the City and it provides a transition between the more intense commercial uses in the downtown core and neighboring residential neighborhoods. He said the Historic Districts case sensitive Design Guidelines are sufficient “form based” set of regulations for new and redevelopment in the Train Station district. Staff and Planning Commission recommended approving the zoning map amendment removing the RSO from 13 parcels and approving the Unified Development Ordinance Text Amendment repealing The RSO. 22373 Public Hearing 01/14/25 Councilor Mackintosh asked if the RSO was removed, would the blocks return to 36 units per acre, by-right for a mixed use project and it would be a lower density if it were residential only. Mr. Craig stated that was correct, and that the existing adjacent neighborhoods residential density was in the range of 40-50 units per acre. Councilor Mackintosh clarified that if the RSO was removed the density would still be lower than the historic fabric of the area unless there was a special use permit. Mr. Craig said in one term yes, but looking at the overall removal of the RSO would be a better transition. Councilor Mackintosh noted that everyone wants to preserve the historic character of the area but overall the area is strikingly dense. Denise Malczewski (D25-12), 220 Princess Anne Street, asked the Council to keep the Railroad Station Overlay District (RSOD) and not let it convert to Commercial- Downtown (CD). She said the RSOD serves an important purpose in Darbytown. She said there was strong opposition from the community at the Planning Commission meetings because of the life effects development was having on Darbytown, such as increased traffic, decrease parking availability, blind intersections and a lack of crosswalks. She specifically stated that these issues were around the two projects that were pulled out of the RSO. Ms. Malczewski stated that keeping the RSOD would limit the height of buildings to 40-feet rather than 50-feet, which is permitted under CD and the RSOD requires more spacing around buildings. She asked what happened to the CD transition overlay district that Chuck Johnston was working on before he retired. She said it kept the 40-foot height limit. 22374 Public Hearing 01/14/25 Hamilton Palmer, 1500 Caroline Street, owner of property in and adjacent to the RSOD, stated that the RSOD was historically for railroad support buildings and some have adaptive reuse. He explained that the RSOD was a tool used to negotiate preservation. The last time the RSOD was brought up, the Council voted 4-3 against, staff recommendation to not remove the parcel from the RSOD. He asked what changed since the last time. Mo Deadman (D25-13), 214 Princess Anne Street, spoke in opposition of the removal of the RSOD. She said while the RSOD may not have achieved its goals, but the removal will revert the area of Darbytown to CD and she believes that zoning is inappropriate for the area. She expressed concern for the 50-foot height limit because a building that tall would overshadow existing buildings. She was also concerned with discussions that Darbytown should have high density development because it is near the train station. She said the train station is not a transportation hub because it does not have any amenities and she suggest Fred Station was more of a transportation hub. Eric Marshall, 313 Princess Anne Street, stated that those who live in the area of the RSO were not interested in anymore multi-unit buildings that would increase traffic, decrease traffic safety, and detracting from any open spaces that will do nothing to help with affordable housing. He said he did not think CSX would advise putting more residential units near the railways given the derailment this past summer. He asked the Council to put more time and study into this process Lissah Michalski, 316 Frederick Street, expressed her concerns about the removal of the RSOD. She said she is the owner of one of the smallest properties that would be 22375 Public Hearing 01/14/25 removed from the RSOD and she said it threatens the character of her block. She noted the two rehabilitation projects mentioned in the staff memorandum and she said the stalled 400 Princess Anne project should not be mentioned in the memorandum because it did not support rehabilitation. She said with the removal of the RSOD it will allow that proposed project to be built even higher than what they proposed originally. She also noted the staff memorandum mentions a bicycle project, converting of traffic and Lafayette Boulevard intersection construction none of which will be completed for several years and she said the assumptions of these future projects should not be considered for a project that is before the Council now. She asked what the recommendation was from the CSX recommendations for the derailment device locations and what was the appropriate distance from the railroad. Ms. Michalski stated that before deciding on the RSOD the City should resolve discussions on the conservations districts. She asked the Council to have more community discussions and vote no on the RSOD. Lawrence Fisher, 301 Sophia Street, stated that his property is the pump house directly adjacent to 401 Sophia Street, which is undeveloped, and it is in the RSOD. He said if the RSOD were removed, the 50-foot height limit would disintegrate the character of the community and that property as well as his property. He said this was a bad idea and there was no support for this in the community. He asked the council to reconsider it. Mr. Fisher said he did not believe the action was properly notice. Paula Chow (D25-14), 132 Caroline Street, stated that she and her husband care deeply about the historic district's preservation. She said the Railroad Station Overlay 22376 Public Hearing 01/14/25 District protections needed to remain in place to preserve and protect the character. The removal of the RSO would allow for larger buildings with less open space. The larger buildings dominate over the historic houses and it alters the small town character in a negative way. Ms. Chow said smart cities, are successful and popular because they have kept their character. When cities begin to chip away at its uniqueness they take away the soul that sparks community engagement of the long-time residents. Her primary concern if the RSOD is removed, would be development that is inappropriate in size and scale because of the limited undeveloped properties available. See D25-14 for more information. Charles McDaniel (D25-15), 133 Caroline Street, spoke in support of the removal of the RSOD. He said he has lived on Caroline Street for 63 years and the area has developed and improved especially in the area of the train station and its recent developments. He requested the Council remove the RSOD to make it easier and less burdensome for proper development. John Sperlazza (D25-16), 113 Caroline Street, voiced his opposition to the removal of the RSOD. He said the ARB was not designed to be the savior for the Historic District, and can be overruled by Council. It is the City’s job to be the best stewards for the community. The RSO needs to stay in place as a deterrent to the complete build out of all open spaces within the city. He said the charm of Fredericksburg was at risk in over developing and cramming projects throughout the Historic District. 22377 Public Hearing 01/14/25 John D. Urban (D25-17), 300 Princess Anne Street, spoke in opposition of the removal of the RSOD, and said the CD zoning was not appropriate for Darbytown. Cynthia Stubits (D25-18), 1304 Sophia Street, stated that the city needed smart growth that helps support the region and that makes higher density housing near the train station. Having more housing within easy walking distance of the train station makes sense, and helps support the tax base in town. Valerie Keane (D25-19), 300 Princess Anne Street, expressed her opposition to the removal of the RSOD. She said she had a personal understanding of what the change will do to the community. Christopher Ellis (D25-20), 116 Caroline Street, expressed his opposition to the removal of the RSOD and he said the CD zoning was not appropriate for his community. James Whitman (D25-21), 1600 Washington Avenue, spoke in support of the elimination of the RSOD. He said the removal of the overlay would foster greater development and density around the train station and in areas that hold immense potential for growth and revitalization. The current restrictions imposed by the RSOD discourages needed development and by increasing the density developers can create a vibrant hub that encourages more resident to utilize public transportation. He said enhancing the density would also positively impact the local economy. See D25-21 for more information. Cameron Hill (D25-22), 211 Caroline Street, spoke in support of repealing the RSOD. The areas of concern are protected against any significant redevelopment, which has led to the area to be mainly empty parking lots. The appearance of the area would 22378 Public Hearing 01/14/25 be significantly improved if the RSOD was repealed. This would also allow for improvements in the area for pedestrian traffic. Forest Wilholt (D25-23), 1402 Caroline Street, spoke in opposition of repealing the RSOD and amending the zoning map. He said the neighbors have seen where this proposal will take the city and they have asked time and time again for a closer examination of impact and changing context. He said they know that change must come, but he believes that a policy that promotes a more creative, mixed-use vision of the RSOD, with ground-level retail or commercial, would find much more support within the community. See D25-23 for more information. Catherine Williams (D25-24), 1903 Washington Avenue, opposed the removal of the RSOD and CD zoning was not appropriate for Darbytown. She was concerned about the traffic, the safety, and a multitude of other issues that have come at a cost with the "super" projects that are focusing on developers and not focusing on aging infrastructure. Kristin Van Vorst (D25-25), 1415 Stafford Avenue, opposed the removal of the RSOD and said the CD zoning was not appropriate for Darbytown. Edward Sandtner (D25-26), 132 Caroline Street, strongly expressed that he wanted the Overlay District to remain in place for one primary reason, trust. He said he did not trust that a multi-story parking garage would not rise up where the parking lot now sits; that Trestle Park would not be built over with a high-end apartment complex that looks more like the Lofts than like Caroline Street; that the pleas of developers for inappropriate exemptions and accommodations would be given more weight than the concerns of the area's residents or that their project will be "economically feasible". 22379 Public Hearing 01/14/25 Danielle Emiro (D25-27), 4363 Caledon Road, King George VA, strongly opposed the removal of the RSOD and she said the CD zoning was not appropriate for Darbytown. Councilor Holmes asked staff to explain why the height limit was going from 40 to 50 feet and Mr. Craig explained that the RSOD was an overlay over the existing CD district and the statutory height limit for CD is 50 feet. He said by removing the overlay it reverts back to 50 feet but he explained that the zoning mechanism that does not go away is the old and historic overlay district and that will govern the height mass and scale and decisions are based on the surrounding buildings to determine an appropriate height. Councilor Holmes also asked if the City had any more information about the CSX derailment and the proximity to development. City Manager Baroody said they have met with CSX and Administration and the derailment device has been put in place north of the Blue Grey Parkway south of where it was. Councilor Graham asked Mr. Craig if he had the total number of acres of the properties that were currently in the RSOD and he said it was about 2 to 2 ½ acres of land. Councilor Graham asked what is the possible number of units and he said about 18 units. He said most projects would request a special use permit. Councilor Graham said it struck him how little development there was around the train station. He said the more development encouraged around the train station the more likely the city is to get the amenities that the downtown wants, like grocery stores. He said this is a greater opportunity to get to that goal. 22380 Public Hearing 01/14/25 Councilor Graham addressed affordable housing and he noted that affordable housing only happens when supply is increased. He said this is the perfect area to get the types of amenities as the city moves forward and he was in support of moving forward. Councilor Mackintosh asked Mr. Craig to speak to how the two preservation success stories came about. Mr. Craig said there was a long history to preserve both the Coffee Warehouse and the Janney Marshall building. The Coffee Warehouse was in jeopardy of being torn down and ultimately the city put steps in place to try to make a feasible regime to incentivize infill in the area including adaptive reuse. The one regulatory thing that worked was when the RSO was removed and it allowed the investment and the adaptive reuse for both buildings. Historic Resources Planner Schwartz said the sticking point was the residential density and that was what the special use permit was for and it was the critical piece that made the projects work financially. The Janney-Marshall building ended up being a State and Federal Historic tax credit project. That demonstrates that it was an extremely high quality preservation project to meet the terms of the incentive. She said with the mass and scale design guidelines the Architectural Review Board (ARB) follow are strict. It states that new buildings should be within one story of neighboring buildings if they are proposed to be taller those stories are typically set back so they are not visible from the street. She said the likelihood of a 50-foot building at street level would be highly unlikely in this area of town. Councilor Gerlach said he would support this for a couple of reasons because he has served on the ARB for five years and chaired it for four and he worked closely with 22381 Public Hearing 01/14/25 Ms. Schwartz and the idea that the RSOD has stifled Historic preservation was an interesting idea. He said it took special use permits, removing two properties from the RSOD and engaged decision making by the ARB, which involved public hearings. Councilor Gerlach asked what the Area 7 plan envisioned for the area around the train station. Mr. Craig said there was a priority put on encouraging infill in the area. He said they were looking at a lot of unused land in and around the train station. Many of the goals were about supporting downtown and doing it in a walkable, bicycle friendly manner, with an appropriate transition to the downtown. Councilor Gerlach said they were balancing a lot against the need for more economic development, a more walkable compact lifestyle in the City’s downtown. He said when he do the balances it is not a perfect balance but he does not see that the RSOD has been successful. Councilor Gerlach said reverting back to CD and having the protections of the ARB and public hearings when there is a special use permit allows the public to stay involved in future projects. He said this was opening a door for more intelligent growth in the downtown commercial district and he was looking forward to seeing it go in that direction. Vice- Mayor Frye said since his ten years on Council a lot of redevelopment has happened and it has been positive redevelopment. The RSOD was removed to help the projects in redevelopment. Many appreciate much of the redevelopment and removing the RSOD was a good idea in order to get good development in the area. Councilor Graham, moved to approve Ordinance 25-01, on first read, repealing the Railroad Station Overlay District and Amending the Official Zoning Map Accordingly; motion was seconded by Councilor Gerlach motion passed by the following recorded 22382 Public Hearing 01/14/25 votes. Ayes (5). Councilors Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (1). Devine. Adjourned. There being no speakers to come before the Council at this time, Mayor Kerry P. Devine declared the hearing officially adjourned at 8:52 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 22383 Public Hearing 01/14/25 [This page intentionally left blank] 22384 Regular Session 01/14/25 HON. KERRY P. DEVINE, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. CHARLIE L. FRYE, JR., VICE -MAYOR, WARD FOUR HON. JANNAN W. HOLMES, AT-LARGE CITY COUNCIL HON. DR. WILL B. MACKINTOSH, AT-LARGE HON. JASON N. GRAHAM, WARD ONE HON. JONATHAN A. GERLACH, WARD TWO VACANT, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 January 14, 2025 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, January 14, 2025, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Kerry P. Devine. Vice-Mayor Charlie L. Frye, Jr. Council members Jonathan A. Gerlach, Jason N. Graham, Jannan W. Holmes and Dr. Will B. Mackintosh. Others Present. City Manager Timothy J. Baroody, Deputy City Manager Mark Whitley, Deputy City Manager David Brown, City Attorney Kelly Lackey, Director of Planning and Building Services Michael Craig, Zoning Administrator Kelly Machen, Director of Economic Development and Tourism Josh Summit and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Vice-Mayor Charlie L. Frye, Jr. followed by the Pledge of Allegiance led by Councilor Jason N. Graham. Officer Recognized. Mayor Devine recognized the presence of Detective Gloria Mejia at this evening’s meeting. 22385 Regular Session 01/14/25 Consent Agenda Accepted for Transmittal as Recommended (D25- 01 thru D25-09). Mayor Devine pulled item 5C for discussion. Councilor Mackintosh moved approval of the City Manager’s consent agenda with the exception of item 5C; motion was seconded by Councilor Holmes and passed by the following recorded votes. Ayes (6). Councilors Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (0). • Transmittal of City Council Appointment (D25-01). • Transmittal of the 2025 Council Calendar for Approval (D25-02). • Transmittal of the Board and Commission Minutes o Architectural Review Board – February 12, 2024 (D25-04). o Architectural Review Board – March 11, 2024 (D25-05). o Architectural Review Board – March 25, 2024 (D25-06). o Architectural Review Board – November 18, 2024 (D25-07). o Board of Social Services – October 3, 2024 (D25-08). o Parking Advisory Committee – September 9, 2024 (D25-09). Resolution 25-01, Confirming the Declaration of Local Emergency for Winter Storm Blair and Declaring the End of the Emergency (D25-03). Mayor Devine thanked Public Works staff for the wonderful job of removing the snow and for resuming trash service. She said the City is small with a small crew and they did a great job. Councilor Graham moved approval of Resolution 25-01, confirming the Declaration of Local Emergency for winter storm Blair and declaring the end of the 22386 Regular Session 01/14/25 emergency; motion was seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (6). Councilors Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Public Hearing (D25-10 thru D25-27). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. There were no comments given and/or submitted to be read during the citizen comment portion of this evening’s meeting. Meredith Schatz (D25-28), Economic Development Authority member, read into record the Resolution of Support from the EDA for the Construction of a Data Center in Fredericksburg, Virginia The Fredericksburg Economic Development Authority (EDA) is committed to fostering economic growth, creating high-quality jobs, and enhancing the city's technological infrastructure to meet the evolving needs of businesses and residents. WHEREAS, the proposed construction of a state-of-the-art data center within the city will contribute significantly to advancing the region's technological and digital economy by providing a robust infrastructure to support businesses, cloud services, and data-driven industries. WHEREAS, the data center project is anticipated to bring direct and indirect economic benefits to the community, including the creation of new jobs during construction and operational phases, increased tax revenue, and opportunities for local vendors and service providers. 22387 Regular Session 01/14/25 WHEREAS, the project continues to participate in a comprehensive review process, including a thorough impact assessment, to ensure that it meets all necessary standards and regulations, with measures in place to mitigate any potential adverse effects. WHEREAS, the Economic Development Authority has entrusted the city to address citizen's environmental concerns and work with the end user to create and put into practice action that limits the center's dependency on fossil fuels and address issues concerning climate change. WHEREAS, the development of this data center will enhance the city's attractiveness as a hub for technology and innovation, positioning it as a leader in the digital economy and increasing its competitiveness in the global marketplace. NOW, THEREFORE, BE IT RESOLVED that the Fredericksburg Economic Development Authority expresses its full support for the construction and operation of the proposed data center, recognizing its potential to bring long-term economic, technological, and environmental benefits to the city and its residents. Lee Murray, 713 Lee Avenue, lives and owns a business in the City stated that he was pro data center. He said they are huge revenue sources and all the localities around the City are participating and increasing their tax base. He said there were two major concerns for people who oppose data centers: environmental concerns and that the process was being rushed. He said the city was not rushing the process it just seems that way because the City is the last to the party. Mr. Murray said the City and the EDA 22388 Regular Session 01/14/25 has been deliberate in its approach. He said he was in favor of the data center because of the revenue. The city has two main issues: the homeless population and the current state of the City schools and the increased resources can only help the situations. He said approving a data center would help to increase revenue without increasing taxes on the citizens. Once approved he asked the Council to be prudent on how to best utilize the revenue. Anne Little (D25-29), 726 William Street, stated that she did not have any opinions to offer regarding the data centers but she had quite a few questions not only in regards to data centers but other topics as well. Refer to D25-29 for the questions. Ms. Little applauded Councilor Mackintosh for his willingness to hold a question and answer session. She also stated that the briefing at the work session was excellent. Paula Chow, 132 Caroline Street, agreed with Ms. Little and stated that more information was needed. She felt as though the City had not been forthcoming with providing information to the public. She said there are many consideration and the fast pace would not give people enough time to think about it. Ms. Chow said she was not against data centers but wanted to be sure the City looked at protections with the water, climate change, and electricity. She was concerned that renters would feel the brunt of the increase in utilities. Libby Wassem, 1005 Albert Reynolds Drive, stated that she supports the concept of data centers but she was concerned with where they are going and how they are going to affect the environment. She was worried about the negotiating skills for protecting the City with it moving at a rapid pace. She expressed concerns for 22389 Regular Session 01/14/25 protecting the City’s water. Ms. Wassem said the City does not have that to waste. She asked the City to take its time to build in protections. Chris Zammas (D24-30), 1900 Washington Avenue, spoke in support of Micah Ministries in particular Meghann Cotter the Executive Servant Leader. He spoke of her passion for creating connection between people, groups and organizations. He spoke of his experience of homelessness/houselessness and how the City saved him and his family through the compassion of its residents, neighbors and service providers. Mr. Zammas hoped that the Council would move in favor of the vision Meghann has shared and he thanked everyone for their dedication and hard work on the issue. Maria Machida, 1006 Alum Spring Road, spoke in opposition of the data center due to its environmental effects. She said the environmental effects out strip its potential economic revenues. The current planning in place would largely circumvent the revenue losses that are expected from not proceeding with a data center. She said the revenues do not make up for the cost of the economic destruction of the Rappahannock if the city does not correctly participate in the building of the data centers. Many of the data centers are left less than half-full and an example he gave was a data center in Loudon County that can only run at half capacity due to Dominion’s energy shortages. Ms. Machida said in the south there are centers running at less than half capacity. She said she would like the Council not to push for an aggressive action because it seems as if they are looking for a gold rush. Hamilton Palmer, 1500 Caroline Street, said he does not take a position on data centers but he had concerns on how Council was selling the project to the citizens. He 22390 Regular Session 01/14/25 said if you approve data centers and the tax revenue comes there will be more than $30,000 in revenue right now, but he wanted to know what would happen if a large business moves out of the community there will be a big void to fill. He said he had a problem with the schools needing more money because they are in the bottom of the percentile. Mr. Palmer said he wanted to talk about transparency and the two by two site visits to data centers. He noted that there was mention that data centers had been discussed since 2019 and the citizens were just finding out about them. He said there has been rumors that staff and council are not transparent and to test the transparency he requested the Council and City Manager email him original electronic data concerning data centers to include emails, messages or other electronic communications, including the attachments. Sue Sargeant (D25-31), 1318 William Street, stated that many residents have been getting informed about data centers through meetings and panels that are being held by citizens in the community, but the City had not offered any Q and A’s. She said she understands the City needs the revenue but she did not understand the rush. Ms. Sargeant stated that the City was running out of space and she asked that the Council not allow data centers to be by-right and make them by special use permit only. Jim Oeste, Vice President of Real Estate & John Yannacome, Vice-President, 2 Righter Parkway Wilmington, DE, Mr. Oeste said they were in agreement with staff’s recommendation to change the acreage to a minimum of 75 acres. He said they have 22391 Regular Session 01/14/25 been advised by brokers that their site is suitable for data centers because it is flat and desirable. He said he did not think the city would want to exempt the property out because it would be another $20 million in taxes. Mr. Oeste said he would like to see the power study that the City funded. They are in alignment with the city to build a data center campus but they need to have fair access to the market value for their property. Mr. Oeste said they do not want to be denied the opportunity to develop their 75 acres and help the City to achieve its TOD goals. Mr. Yannacome said the 75-acre minimum allows them to participate and they can integrate with any development that happens, but without the minimum the market is chill. He said they share the City’s goal for one campus but they need the free market to tell them how the property can be developed and integrated with their neighbor’s property. He said by having a 150-acre minimum their property would be excluded. He said they need the information from the power company to know what they can do on their property. Tania Snead, 3604 Aquia Drive Stafford, VA, spoke about the flood that occurred at their rental property at 624 Wolfe Street. She said the rental company took two months to come see about the property. She said individuals who were not capable of safeguarding their lives had compromised the standards of safety and she stated that the city was responsible for the mistakes of a structure that was inspected and improved. Ms. Snead claimed that harmful toxins were being circulated through the ventilation and no one from their rental company or the city told them. She claimed that 22392 Regular Session 01/14/25 inspections were not performed on the roof by the City as they should have and because of willful neglect, they lost their business. Jerome Wilson, 3604 Aquia Drive Stafford, VA, apologized if he made anyone feel intimated or attacked at the last meeting. He stated for the last ten months he and his wife have been fighting justice. He accused that there are people in the Fredericksburg government with unethical and illegal relationships with private entities. Mr. Wilson also made accusations about the courts making missteps in their legal matter. He said he would expose those in the courts. Mary Katherine Greenlaw (D25-32), 405 Fauquier Street, spoke in support of the amendment to the Unified Development Ordinance and the Comprehensive Plan relating to the creation of a Technology Overlay District. She was supportive because it provides the opportunity for tax revenue and it would be less impact on roads, schools and public services compared to the mixed-use development. She said the tax revenue would relieve tax burdens on residents. Rezoning for data centers allows for the creation of attractive job opportunities. Ms. Greenlaw commended the Council and staff for carefully addressing the issues of noise, water, river-shed and economic impact. Julie Kay (D25-33), 1616 Franklin Street, expressed her concern for the pace the Council was taking while moving forward with the data center campus. She said environmentalist believe the City needs to hit the pause. She listed the risks and concerns from the Virginia Legislature JLARC study. See D25-33 for more information. Eric Fletcher (D25-34), Senior Vice-President, Mary Washington Healthcare, stated that as the region’s healthcare provider they are focused on meeting their 22393 Regular Session 01/14/25 mission to improve the health of the people in the communities they serve. He said research has shown that communities with growing economies produce healthier populations. The city trails Fairfax and the Charlottesville region in the Robert Wood Johnsons total health rankings. The City’s strong ranking is tied to the economic success of our region. Mr. Fletcher said they support organization that want to invest in the local economy, bringing good jobs and other economic benefits to the region. Kristopher Cooney, 111 Macon Drive Stafford, VA, spoke in support of Jerome Wilson and Tania Snead, he spoke about the roofing work that was signed off on the by the City, He also spoke about the number of redactions to the FOIA request made regarding DCB-MMA and 624 Wolfe Street. He said as of last week the Department of Justice was bringing an anti-trust lawsuit aging Cushman and Wakemen Thalheimers parent company. Council Agenda Presented. The following items were presented to Council for discussion. 8A. Murder Free Fredericksburg - Vice Mayor Frye 8B. Water Main Breaks – Councilor Holmes Murder Free Fredericksburg. Vice Mayor Frye said the goal is to be murder free in 2025. He said he hopes to have a safe community. He reminded citizens that there was a voluntary gun giveback program. He announced that they could be take to the Police Department with no questions asked. Water Main Breaks. Councilor Holmes stated that she had received questions about the water main breaks and she asked if staff could give Council 22394 Regular Session 01/14/25 information on them and whether it was something they needed to be concerned about. Mr. Baroody said they would do some research and make it available to the Council. Adoption of Minutes. Councilor Gerlach moved approval of the December 10, 2024, Public Hearing and Regular Session minutes; motion was seconded by Councilor Mackintosh and passed by the following recorded votes. Ayes (6). Councilors Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Planning Commission Appointment - Kimberly Doucette, Michael Kasey, Matthew Kelly, Jane McDonald, Carey Whitehead, Joseph Winterer (D25-35). After the recorded vote was taken, Jane McDonald, Carey Whitehead and Joseph Winterer were appointed to serve on the Planning Commission with a vote resulting between applicants Kimberly Doucette, Michael Kasey, Matthew Kelly, Jane McDonald, Carey Whitehead and Joseph Winterer. Doucette (0); Kasey (0); Kelly (0); McDonald (6) Devine, Frye, Gerlach, Graham, Holmes, Mackintosh; Whitehead (6) Devine, Frye, Gerlach, Graham, Holmes, Mackintosh; Winterer (6) Devine, Frye, Gerlach, Graham, Holmes, Mackintosh. Resolution 25-02, Amending the 2015 Comprehensive Plan to Update Chapters 10 and 11 (D25-36). After a brief presentation from staff Councilor Graham stated that many hours had gone into this project and he thanked everyone who was involved. He said it was a very thought out process and it is not an 22395 Regular Session 01/14/25 ordinary project. He said this project looks at homelessness in a different way, addressing, and solving it in a different way. He was excited that the City was standing on the front lines of the effort. Upon a motion by Councilor Graham, Resolution 25-02, amending the 2015 Comprehensive Plan to update Chapters 10 and 11; motion was seconded by Councilor Mackintosh and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 24-27, Second Read, Authorizing Execution of Deed for Vacating Unimproved Portions of Roffman Road and Bakersfield Lane Rights of Way, on GPIN 7860-90-3994 (D25-36). Upon a motion by Councilor Mackintosh, Ordinance 24-27, on second read, authorizing execution of deed for vacating unimproved portions of Roffman Road and Bakersfield Lane rights of way, on GPIN 7860-90-3994; motion was seconded by Councilor Gerlach and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 24-28, Second Read Approved, Zoning Map Amendment to Rezone 25.92 Acres from the R-2 Residential District to Planned Development-Residential (PD-R) with Proffered Conditions for the Virginia Supportive Housing and Jeremiah Community Institutional Housing Project (D25-36). Upon a motion by Councilor Gerlach, Ordinance 24-28, on second read, zoning map amendment to rezone 25.92 acres from the R-2 Residential 22396 Regular Session 01/14/25 District to Planned Development-Residential (PD-R) with proffered conditions for the Virginia Supportive Housing and Jeremiah Community Institutional Housing Project; motion was seconded by Councilor Holmes and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 25-03, Granting a Special Use Permit for a 189-unit institutional housing project for the Virginia Supportive Housing and Jeremiah Community Institutional Housing Project (D25-36). Upon a motion by Councilor Holmes, Resolution 25-03, granting a Special Use Permit for a 189-unit institutional housing project for the Virginia Supportive Housing and Jeremiah Community Institutional Housing project; motion was seconded by Councilor Gerlach and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 25-04, Initiating an Amendment to the 2015 Comprehensive Plan, the Unified Development Ordinance and the Official Zoning Map, to establish a Technology Overlay District (D25-37 thru D25- 39). Economic Development Director Summits presented a PowerPoint presentation. The presentation summary covered: Timeline of Data Center Discussions in the City of Fredericksburg, Technology Overlay Zoning District, Implementation Steps, and Potential Overlay Implementation Schedule. See D25-37 thru D25-39 for more information. 22397 Regular Session 01/14/25 Councilor Graham asked if the following statement was done in collaboration with Friends of the Rappahannock (FOR) “the on-site open space requirement to be reduced to 10% on a parcel where all stormwater best management practices are designed to a 2% storm compliance and where all volume and nutrient treatment occurs on-site without the purchase of off-site credits.” Mr. Summits stated that the City received correspondence from FOR on their thoughts of the overlay district that would have impact on stormwater management and this was one of their recommendations. Councilor Graham expressed one of his concerns was with infrastructure and ensuring there was a streamline process and streamlined arrangement of infrastructure. Councilor Graham moved to approve Resolution 25-04, initiating an amendment to the 2015 Comprehensive Plan, the Unified Development Ordinance and the Official Zoning Map, to establish a Technology Overlay District; with the amendment of a minimum acreage of 150 acres; motion was seconded by Councilor Holmes. Councilor Gerlach stated that he could not support the motion because he said it was an artificial arbitrary designation of 150 acres that can prejudice owners of smaller parcels in the area. He said this was something the market would sort out and he did not think it was the Council’s job to decide. He was in support of the 75 acres as recommended by staff. Councilor Holmes asked if the Council went with the 150 acres would that preclude someone from pursuing a special use permit for something under 150 acres. Mr. Craig explained that it was a hard rule setting a minimum size without a provision for a special use permit, but he explained that this was just an initiation. He said by 22398 Regular Session 01/14/25 putting all their thoughts out they could be carried forward to the Planning Commission for recommendation. He said if the preference was for smaller acreage by special use permit it would be good to state that, but as it was written in the original ordinance it was just a rule about minimum acreage size without a special use permit. Councilor Gerlach said since this was going to the Planning Commission for review why not keep staff’s recommendation and let the Planning Commission come back with recommendations. Councilor Graham explained that one of the reasons he was starting with the higher acreage is that it could be moved back down to the lower acreage. He believes there would be more of a public outcry if they start with a lower acreage and move to a higher acreage. He said a higher acreage give the public greater ramification to understand the impacts in a way that a smaller acreage would not. Vice-Mayor Frye stated that by putting the 150-acre requirement it shows the intensity that the Council envisions. He asked if this moves forward how would it come back to the Council. City Attorney Lackey explained that the initiation would go to the Planning Commission & City Council for a joint meeting to get public input and the Planning Commission will send back their recommendations. Councilor Mackintosh said he did not feel strongly about the acreage but he was committed to a singular campus. He would like to minimize the cost and maximize the benefits. He thought the best ways to do that was to keep the data centers together in one dense campus. He could not see how that would be achieved with smaller 22399 Regular Session 01/14/25 campuses. The goal he would be working for was a data center campus that would be providing the City with the kinds of revenue and economic stimulus and development and minimizing the impact. He said he could support the motion, but he was not married to the 150 acreage. Councilor Gerlach stated that the trend was to build smaller data centers. He said there was a staff recommendation and if they make a recommendation, he tends to stick with it since they know more than Council. Councilor Mackintosh said his goal is to do what is best for the City and his goal is a singular campus that can be built compactly and away from other things. Councilor Gerlach said he did not see the difference in one data center and multiple smaller ones. Councilor Graham noted that it was more about the infrastructure required to host the data center. One of the thing learned from other localities is their proximity to electricity, existing water pipes and their ability to tap into that infrastructure quickly. The city lacks those types of sites. He felt strongly that it was easier to start with the higher acreage and they could work downward. Councilor Holmes agreed that she would like to see a data center campus and not multiple campuses. She also agreed with starting with a higher acreage. Mayor Devine said she tends to agree with what has been said about the 150 acreage because it meets the goals of what the City was trying to do with streamlining and she was supportive of the 150 acreage. Councilor Gerlach said he could move forward with the Council’s recommendation knowing that the Planning Commission would get the message that 22400 Regular Session 01/14/25 not everyone believe the 150 acres was appropriate. He spoke to the public and recommended they watch the work session meeting and he added that whatever version they end up with would be the standard for data centers. He said it was important to get the standards right because it would be reviewed by staff and would not come back to the Council. The motion passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (0). City Manager’s Report and Council Calendar (D25-40 thru D25-41). City Manager Baroody directed the Council’s attention to the Manager’s Update: Winter Restaurant Week, City Council Vacancy, Data Center Overlay District Public Meeting Schedule, Help Take Care of Our Parks, Winter Pedestrian Safety Campaign, The End of SNAP Replacement Funds Due to Fraudulent Acts, Vehicle Weight Limit Posted at Falmouth Bridge, School Zone Speed Cameras, Scam Alert, Foster Parents Needed, Natural Gas, Winter Weather Driving Tips, Calling All Artists!, Father-Daughter Dance, Parks, Recreation and Events Winter and Spring Catalog is Now Available, and FXBG Snapshot. Adjournment. There being no further business to come before the Council at this time, Mayor Devine declared the meeting officially adjourned at 10:42 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 22401 Regular Session 01/14/25 [This page intentionally left blank] APPROVED 01-09-24 22402