City Council

Public Hearing 09/09/25 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 HON. SUSANNA R. FINN, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 September 9, 2025 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, September 9, 2025, beginning at 7:35 p.m. in the Council Chambers of City Hall. City Council Present. Vice-Mayor Charlie L. Frye, Jr.; Council members Susanna R. Finn; Jason N. Graham; Jannan W. Holmes; and Dr. Will B. Mackintosh. City Council Absent. Mayor Kerry P. Devine (travel to Sister City); Councilor Jonathan A. Gerlach. Others Present. City Manager Timothy J. Baroody, Deputy City Manager Mark Whitley, Deputy City Manager David Brown, Assistant City Manager Todd Flippen, City Attorney Kelly Lackey, Community Planning and Development Director Michael Craig, Economic Development and Tourism Director Joshua Summits, Zoning Administrator Kelly Machen, Community Development Planner Bailey Thompson, and Clerk of Council Molly Henderson. Notice of Public Hearings (D25-345 thru D25-349). The Clerk read the notice of public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. 22623 Public Hearing 09/09/25 3430 Fall Hill Development Project to construct 50,000 square feet of commercial uses and 605 residential units (240 townhomes, 365 multifamily) (D25-345 thru D25-347). • Ordinance 25-13, First Read, Rezoning Approximately 34.7240 acres from Residential-2 (R-2) to 9.5137 acres of Commercial-Highway (CH) and 25.2102 acres of Planned Development-Residential (PDR) at 3430 Fall Hill Avenue (GPINs 7769-76-7937) (D25-345 thru D25-347). • Resolution 25-63, Granting a Special Exception for Parking in Excess of 175% of the Minimum Requirement for a Proposed Commercial Development located at 3430 Fall Hill Avenue (GPINs 7769-76-7937) (D25-345 thru D25-347). After staff presentation by Zoning Administrator Kelly Machen, Councilor Graham asked City Attorney Kelly Lackey if the City can ask for funding toward pro-rata sewer improvements. Ms. Lackey said there is not yet a pro-rata program in place, but the developer has made a proffer that, should a pro-rata program be implemented, they will pay up to $1 million. Councilor Mackintosh confirmed with Ms. Machen that the housing units will be a mix of for-sale and rental units. Councilor Mackintosh confirmed with Ms. Machen that the proffer language regarding bus stops does not specify whether bus stops will be sheltered, and stated he preferred sheltered bus stops and would like to see specificity regarding bus stops prior to a second read of the proposed ordinance. 22624 Public Hearing 09/09/25 Regarding the potential additional story above the planned commercial space by Special Use Permit (SUP), Councilor Mackintosh confirmed with Ms. Machen that it would most likely be commercial space rather than residential. Councilor Mackintosh asked if the planned open space such as playgrounds and other recreational areas would be reserved for residents or open to the public. Ms. Machen said since the open space would be privately owned, it would be reserved for residents. Councilor Mackintosh asked for clarification from the applicant regarding their plan for aesthetic design features, such as windows, on the back facade of the specialty grocer building which would face Fall Hill Ave. Councilor Mackintosh also asked if the applicant is willing to consider a solar parking lot in effort to mitigate negative environmental impacts since the project has requested a special exception for extra parking. Ms. Machen confirmed City staff would ask the applicant. Councilor Finn asked for rationale regarding the open space frontage increase from 25% to up to 50%. Ms. Machen stated the design allows up to 50% of townhomes to front on open space or a public street rather than alleys. Councilor Finn asked Ms. Machen to explain the vinyl proffer increase. Ms. Machen explained that the use of vinyl for the sides of townhouse units is less expensive than other materials; not using vinyl would increase the future owner’s price from about $8,000 to $12,000 per unit. 22625 Public Hearing 09/09/25 Councilor Finn asked for explanation of the proffer to install a traffic light within three years from construction start. Community Planning and Development Director Michael Craig explained that the Planning Commission recommended the applicant consider timing for installation of the stoplight at Cowan Blvd. and Gordon W. Shelton Blvd., and the applicant agreed to build the stoplight within three years from construction start. Councilor Holmes asked for clarification about bioswales in the proffer. Ms. Machen explained as a condition for the special exception for extra parking, the applicant must consider bioswales, enhanced landscaping, and pervious surfaces, and the applicant had said bioswales were restrictive because they would reduce the number of parking spaces. Ms. Machen said they kept the condition as written to allow for time at the site plan level to ensure the enhanced landscaping provided is sufficient. Vice-Mayor Frye discussed concerns regarding the intended open space being isolated to residents of the development. Vice-Mayor Frye referenced the loss of community outdoor space for children to play due to the incoming fire station on Fall Hill Ave. near this project. Vice-Mayor Frye also discussed the potential job opportunities of this development project including temporary construction jobs, and the ample availability of local workers from Fredericksburg to fill entry-level jobs. Vice- Mayor Frye stated he preferred to see the applicant hire locally. Representative for the applicant and Fredericksburg Office Managing Partner with the Hirschler law firm Charles Payne presented next. Mr. Payne aimed to address the Council’s comments and questions throughout his presentation. 22626 Public Hearing 09/09/25 Mr. Payne explained the request for parking above the maximum is due to the amount of expected traffic and visitors associated with the specialty grocer; he cited additional landscaping to address both Council and Planning Commission concerns. Mr. Payne stated that general contractors prefer to hire locally because it costs less for them and added that the 50,000 square feet of planned commercial space will generate local jobs. Mr. Payne stated residents enjoy having nearby open space, and that the development will include walkable and bikeable shared-use paths, pedestrian crosswalks, and sidewalks throughout. Regarding transit stops, Mr. Payne stated the applicant is willing to build bus stop shelters, and transit stop locations will be addressed at the site plan stage. Regarding vinyl siding, Mr. Payne explained there will be no vinyl siding on exterior facades of the multifamily buildings; vinyl is restricted to the rear and/or side facades of the townhouse buildings (not facing public roads). Mr. Payne stated they would look at the architectural features of the back of the commercial building along Fall Hill Ave. per Councilor Mackintosh’s earlier concern. Regarding solar parking lots, Mr. Payne said the solar aspect takes up parking spaces, which could be challenging and very expensive. Councilor Holmes asked about trees required for amount of parking spaces planned. Bowman Consulting Project Engineer Will Duncanson confirmed that the project will meet and exceed the City Code requirements for landscaping in parking areas. 22627 Public Hearing 09/09/25 Councilor Holmes confirmed with Mr. Duncanson that along Briscoe Ln., there will be an alternative landscape plan that includes sidewalks and a buffer between the buildings. Councilor Graham asked if some commercial space would be at the west end of the development near Cowan Blvd. as a buffer between residents and major thoroughfares. Mr. Payne explained the plan was to concentrate the commercial space to the north along Fall Hill Ave. and Central Park. Mr. Payne explained the anchor tenant, or specialty grocer, preferred to be located beside the traffic along Fall Hill Ave. and the other commercial spaces in the planned development prefer to be near the anchor tenant. Councilor Finn asked how it will be decided as to whether the multifamily buildings or the townhomes will be developed first. Justin Donaldson with Greystar stated townhome development will likely occur first. Mr. Payne added the commercial space would also occur in the first phase. There were no public speakers on this matter. Councilor Graham moved to approve Ordinance 25-13, on first read, rezoning Approximately 34.7240 acres from Residential-2 (R-2) to 9.5137 acres of Commercial- Highway (CH) and 25.2102 acres of Planned Development-Residential (PDR) at 3430 Fall Hill Avenue (GPINs 7769-76-7937). The motion was seconded by Councilor Mackintosh and passed by the following recorded votes: Ayes (5) - Councilors Frye, Finn, Graham, Holmes, and Mackintosh; Nays (0). 22628 Public Hearing 09/09/25 Councilor Graham moved to approve Resolution 25-63, granting a Special Exception for Parking in Excess of 175% of the Minimum Requirement for a Proposed Commercial Development located at 3430 Fall Hill Avenue (GPINs 7769-76-7937). The motion was seconded by Councilor Holmes and passed by the following recorded votes: Ayes (5) - Councilors Frye, Finn, Graham, Holmes, and Mackintosh; Nays (0). Ordinance 25-14, First Read, Approving the Cable Franchise Renewal Agreement between the City of Fredericksburg and CoxComm, LLC d/b/a Cox Communications Northern Virginia (D25-348). The Clerk confirmed that no competing bids were received. After summary of the ordinance to approve the renewal of the Cox cable franchise agreement from City Attorney Kelly Lackey, Councilor Mackintosh asked what was included in this agreement to address the process for Cox to remove out-of-use poles or equipment from the right of way. Ms. Lackey stated there are relocation requirements and provisions regarding obstructions; however, this is specific to poles owned by Cox. Ms. Lackey said Cox has confirmed they do not own any of the poles in the City. There were no public speakers on this matter. Councilor Mackintosh moved to approve Ordinance 25-14, on first read, Approving the Cable Franchise Renewal Agreement between the City of Fredericksburg and CoxComm, LLC d/b/a Cox Communications Northern Virginia. The motion was seconded by Councilor Graham and passed by the following recorded votes: Ayes (5) - Councilors Frye, Finn, Graham, Holmes, and Mackintosh; Nays (0). 22629 Public Hearing 09/09/25 Soliciting Public Comments on the implementation of the 2024- 2025 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant Program (D25-349). After summary of the implementation of CAPER for the subject program by Community Development Planner Bailey Thompson, Councilor Graham stated CAPER is phenomenal work that can change the trajectory of people’s lives and thanked Mr. Thompson for making that possible. Councilor Graham said this program was a wonderful way to keep taxpayer dollars in the community and remarked on the high level of performance throughout the lifespan of the program. Councilor Finn said that the program exceeded its goal of 28 households for direct assistance by offering direct assistance to 40 households. Councilor Finn commended the program for doing a lot with a little in terms of federal grants. Councilor Holmes stated that the money spent under the CAPER program helped to prevent instances of eviction and homelessness. Councilor Holmes thanked Mr. Thompson and associated partner agencies. Vice-Mayor Frye thanked Mr. Thompson and recognized him as the face of the program. There was one public speaker on this matter: Hashmel Turner, 1909 New Kent St. – Mr. Turner stated as a member of the Housing Advisory Committee, he commends the work under this program and is proud to have been a part of it for over 20 years, and he looks forward to more work like this to benefit the City. 22630 Public Hearing 09/09/25 Adjourned. There being no further speakers to come before the Council at this time, Vice-Mayor Frye declared the hearing officially adjourned at 8:50 p.m. Charlie L. Frye, Jr. Charlie L. Frye, Jr., Vice-Mayor Molly Henderson Molly Henderson, Clerk of Council APPROVED 10-10-23 22631 Public Hearing 09/09/25 [This page intentionally left blank] 22632 Regular Session 09/09/25 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 HON. SUSANNA R. FINN, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 September 9, 2025 The Council of the City of Fredericksburg, Virginia held a regular session on Tuesday, September 9, 2025, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Vice-Mayor Charlie L. Frye, Jr.; Council members Susanna R. Finn; Jason N. Graham; Jannan W. Holmes; and Dr. Will B. Mackintosh. City Council Absent. Mayor Kerry P. Devine (travel to Sister City); Councilor Jonathan A. Gerlach. Others Present. City Manager Timothy J. Baroody, Deputy City Manager Mark Whitley, Deputy City Manager David Brown, Assistant City Manager Todd Flippen, City Attorney Kelly Lackey, Community Planning and Development Director Michael Craig, Economic Development and Tourism Director Joshua Summits, Zoning Administrator Kelly Machen, Community Development Planner Bailey Thompson, and Clerk of Council Molly Henderson. Opening Prayer and Pledge of Allegiance. The Council was led in prayer by Councilor Will Mackintosh followed by the Pledge of Allegiance led by Councilor Jason Graham. 22633 Regular Session 09/09/25 Officer Recognized. Vice-Mayor Charlie Frye, Jr. recognized the presence of Officer Chris Florio at this evening’s meeting. Proclamation for Fredericksburg Fashion Week – Mayor Devine (D25-335). On behalf of Mayor Devine, Vice-Mayor Frye presented the proclamation to Founder and Director for Fredericksburg Fashion Week LaToya White. Consent Agenda Accepted for Transmittal as Recommended (D25- 336 thru D25-344). Councilor Mackintosh moved approval of the consent agenda. The motion was seconded by Councilor Holmes and passed by the following recorded votes: Ayes (5) - Councilors Frye, Finn, Graham, Holmes, and Mackintosh; Nays (0). o 5A. Resolution 25-52, Second Read, Amending the Fiscal Year 2026 Budget to Appropriate Funds in the City Grants Fund for a Grant for the Purchase of hardware and software equipment for the E911 Center (D25-336). o 5B. Resolution 25-55, Second Read, Amendment of the Fiscal Year 2026 Budget to Appropriate Funds for a Fredericksburg Regional Transit Replacement Vehicle (D25-337). o 5C. Ordinance 25-10, Second Read, Authorizing the City Manager to Execute a Right-of-Way Agreement with Dominion Energy Virginia to Provide Power for Electric Vehicle Charging at Gladys West Elementary School (D25-338). o 5D. Ordinance 25-11, First Read, Amending City Code Section 10-153 to Remove Membership Requirement for Arborist on Fredericksburg Clean and Green Commission (D25-339). 22634 Regular Session 09/09/25 o 5E. Ordinance 25-12, First Read, Amending City Code Sections 10-131 through 10-133 to Repeal the Cable Television Commission (D25-340). o 5F. Resolution 25-61, Acknowledging Acquisition of Cox Communications, Inc. as Wholly Owned Subsidiary of Charter Communications Inc. and Affirm that CoxCom, LLC and/or Cox Communications, Inc. will Continue to Operate Its Cable System Pursuant to Its Existing or Renewed Franchise Agreement and Applicable Law (D25-341). o 5G. Resolution 25-62, Approving the City’s Participation in the Proposed Settlement of Opioid-Related Claims Against Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, Zydus and their Related Corporate Entities, and Directing the City Attorney and/or the City’s Outside Counsel to Execute the Documents Necessary to Effectuate the City’s Participation in the Settlement (D25-342). o 5H. Transmittal of the Board and Commission Minutes • Memorials Advisory Commission – May 15, 2025 (D25-343). • Pathways Committee – July 28, 2025 (D25-344). Public Hearing (D25-345 thru D25-349). The regular session was recessed to conduct scheduled public hearings and immediately reconvened upon their conclusion. Comments from the Public. The following comments were made during the citizen comment portion of this evening’s meeting: Matthew Kelly, 1309 Hanover Street – Mr. Kelly thanked the Council for their action at the August 26, 2025, meeting to deny the appeal for the 1500 Gateway Data 22635 Regular Session 09/09/25 Center Project. Mr. Kelly stated the transmittal of the withdrawal letter on this evening’s meeting agenda states the developer wants to make changes to the proffers and take it back to the Planning Commission. Mr. Kelly stated this was the first project he knew of where the developer asked for the project to go back to the Planning Commission, adding that usually that decision is made by the City, not the developer. Mr. Kelly asked the City Attorney to shed some light on that issue for the public. Mr. Kelly said the developer wants to make changes to proffers including electrical infrastructure, which the developer has very little control over. Mr. Kelly stated that members of Council have not expressed their concerns about this project to the public, and that it was important for the Council to clarify its position. Mr. Kelly also asked that no vote be taken until the new Council is seated. Mr. Kelly said that Charles Payne, Fredericksburg Office Managing Partner with the Hirschler law firm, had a public meeting to discuss the hospital project, and Mr. Kelly asked if the developer for the data center project is willing to do the same. Council Agenda Presented. The following items were presented to Council for discussion: o 8A. Letter of Recognition for Carl D. Silver – Councilor Graham o 8B. Fredericksburg After Dark – Councilor Graham o 8C. Regional Water Supply Plan – Councilor Holmes o 8D. Stafford Avenue – Councilor Holmes o 8E. Habitat Update – Councilor Holmes o 8F. R-Board Mascot – Councilor Holmes o 8G. Fredericksburg Gun Giveback – Vice-Mayor Frye 22636 Regular Session 09/09/25 o 8H. Pathways Committee – Councilor Mackintosh 8A. Letter of Recognition for Carl D. Silver – Councilor Graham read a letter from Meredith Schatz, Chair of the Fredericksburg Economic Development Authority (EDA), on behalf of the EDA, in honor of the late Carl D. Silver’s 100th birthday. 8B. Fredericksburg After Dark – Councilor Graham stated that downtown business owners had expressed concerns about the ability to stay open later. Councilor Graham asked for a thumbs-up from Council to work with staff and EDA to craft a proposal to incentivize main street businesses to stay open later. Councilor Mackintosh said this issue is a chicken-or-egg dilemma for businesses: if people do not come downtown during later hours, it costs businesses to stay open, but if businesses do not stay open late, then people will not come downtown. Councilor Mackintosh said it was worth having the conversation, but he does not want to subsidize businesses to employ people. Councilor Holmes suggested that since Councilor Gerlach was absent from this evening’s meeting and he was the Council representative for Fredericksburg Main Street, that he should be present for the discussion. Councilor Finn asked why this effort is not being pursued through Fredericksburg Main Street. Councilor Graham stated his intention is to start the conversation publicly and the issue may entail an EDA and Main Street partnership. 22637 Regular Session 09/09/25 Vice-Mayor Frye said that service industry workers with extended hours may experience difficulty with parking downtown, and this should be considered during discussion. Mr. Baroody stated that City staff and EDA members can start to work on this issue, including engaging Fredericksburg Main Street. 8C. Regional Water Supply Plan – Councilor Holmes stated that the Virginia Department of Environmental Quality (DEQ) asked jurisdictions to formulate a regional water supply plan. Councilor Holmes asked for updates from City staff regarding the regional water supply plan for both the Council and the public, since water supply applies to topical conversations about items such as data centers and development. Mr. Baroody said the City is already engaged with both Stafford and Spotsylvania counties and that the DEQ has provided recent guidance to enable plan completion. Mr. Baroody said City staff could brief Council in the coming weeks. 8D. Stafford Avenue – Councilor Holmes said she had been hearing concerns from constituents regarding high vehicle speed on Stafford Ave. including the intersection of Stafford Ave. and Brent St. Mr. Baroody said that the Fredericksburg Police Department has moved radar equipment to Stafford Ave. and City staff would report back soon on the data collected. 8E. Habitat Update – Councilor Holmes stated that a member of the board of Greater Fredericksburg Habitat for Humanity had previously reported frustrations with progressing their projects, but the City had good news to share regarding the outcome. 22638 Regular Session 09/09/25 Community Planning and Development Director Michael Craig explained that in a combined effort with City staff, Habitat’s plans for six lots of affordable housing were approved on time. Councilor Holmes thanked Mr. Craig and stated that this was a success story in the effort to have affordable housing in Fredericksburg. 8F. R-Board Mascot – Councilor Holmes stated that the Rappahannock Regional Solid Waste Management Board (R-Board) introduced their new mascot, Professor Olivia the owl, and a program for children called Litter Lifters aimed to educate and encourage children to participate in litter prevention. The R-Board partnered with the Central Rappahannock Regional Library (CRRL) to provide Litter Lifter bags including trash picker tools, vests, and gloves. Participating parents and children can return their bags of trash to the CRRL and receive a Professor Olivia bag, a certificate, and booklet for taking part in community litter prevention. 8G. Fredericksburg Gun Giveback – Vice-Mayor Frye stated that the next scheduled Fredericksburg Gun Giveback is October 11, 2025, 10:00 a.m. - 2:00 p.m. at Police Headquarters located at 2200 Cowan Blvd. The Gun Giveback is a program that allows gun owners to voluntarily turn over unwanted firearms to police with no questions asked. Firearms will be rendered safe and destroyed or donated to the Virginia Department of Forensic Science for research purposes. Vice-Mayor Frye added he was happy the City is proactive in trying to eliminate issues of firearm misuse, and since 2014 the Fredericksburg Police Department has collected over 220 guns on a voluntary basis. Vice-Mayor Frye reminded the public that the opportunity to turn in 22639 Regular Session 09/09/25 unwanted firearms to police is not limited to this event, and he encouraged people to reach out to the Police Department to turn in unwanted weapons at any time. 8H. Pathways Committee – Councilor Mackintosh stated Council members have received three recent letters from the Pathways Committee regarding recommendations for investments to promote safe routes to school and pedestrian safety. Councilor Mackintosh suggested scheduling a joint work session with the Pathways Committee to discuss their ideas for improvements on these issues. Mr. Baroody stated that the City Manager’s Office would be happy to help coordinate a meeting in the coming months. Adoption of Minutes (D25-350 thru D25-358). Councilor Mackintosh moved to approve the following minutes as submitted: Work Session – April 1, 2025, April 8, 2025, April 15, 2025, April 22, 2025, May 13, 2025, May 27, 2025, June 10, 2025, June 12, 2025 (Special), June 13, 2025 (Special), June 24, 2025, and July 8, 2025; Regular Session – August 26, 2025. The motion was seconded by Councilor Graham and passed by the following recorded votes: Ayes (5) - Councilors Frye, Finn, Graham, Holmes, and Mackintosh; Nays (0). Resolution 25-64, Approval of a Contract between the Rappahannock Area Community Services Board and the Commonwealth of Virginia (D25-359). After summary of the resolution from Deputy City Manager Mark Whitley, Councilor Graham moved to approve Resolution 25-64, approval of a Contract between the Rappahannock Area Community Services Board and the 22640 Regular Session 09/09/25 Commonwealth of Virginia. The motion was seconded by Councilor Holmes and passed by the following unanimously recorded votes: Ayes (5) - Councilors Frye, Finn, Graham, Holmes, and Mackintosh; Nays (0). Resolution 25-65, Assigning Fund Balance to Support Activities Related to the 300th Anniversary of the City of Fredericksburg (D25-360). After summary of the resolution from Mr. Whitley, Councilor Finn confirmed with Mr. Whitley that the fund balance assigned by this resolution, $250,000, is not the total that will fund the 300th Anniversary celebrations, and there will be private dollars matching the City’s contribution. Mr. Whitley explained that the funds assigned by this resolution are not the sole source of funds for the project, and the Blue Ribbon Steering Committee would work to raise funds to match it. Councilor Mackintosh asked about the timeline for the Committee to begin work and develop a preliminary budget for the 300th Anniversary celebrations. Mr. Baroody stated the Committee’s target is to develop a plan between October 2025 and January 2026 for Council’s consideration. Councilor Mackintosh stated he supported this resolution to set aside the fund balance; however, he wants to see concrete plans from the Committee before appropriating money. Vice-Mayor Frye clarified that the plan is for a series of events in celebration of Fredericksburg’s 300th Anniversary, and that it is not just one event. 22641 Regular Session 09/09/25 Councilor Mackintosh moved to approve Resolution 25-65, assigning Fund Balance to Support Activities Related to the 300th Anniversary of the City of Fredericksburg. The motion was seconded by Councilor Graham and passed by the following unanimously recorded votes: Ayes (5) - Councilors Frye, Finn, Graham, Holmes, and Mackintosh; Nays (0). Resolution 25-66, Initiating an Amendment to the Tattoo/Piercing Establishment Use Regulations of the Unified Development Ordinance (D25-361 thru D25-362). After staff presentation by Zoning Administrator Kelly Machen, Councilor Mackintosh asked for the rationale for allowing tattoo/piercing establishments in commercial downtown (C-D) but not commercial transitional (C-T) districts, whereas personal services establishments are allowed in both zones. Ms. Machen stated the transitional district (C-T) is more restricted than the downtown district (C-D) in terms of use. Councilor Mackintosh proposed adding by-right use for tattoo/piercing establishments to C-T. Councilor Mackintosh stated that there are blocks of C-D that are adjacent to residential districts, such as Amelia St., but there are blocks of C-T that have no residences, such as the 800 block of Charles St. Councilor Mackintosh stated that the distinction between C-D and C-T is somewhat arbitrary, so he does not see a reason to prohibit tattoo/piercing establishments in C-T while allowing them in C-D. City Attorney Kelly Lackey stated that the initiating resolution is to refer the amendment to the Planning Commission and Council may add to the resolution to allow tattoo/piercing establishments by-right in C-T zones. 22642 Regular Session 09/09/25 Councilor Graham asked if there were other businesses in C-T districts that stay open until 9:00 p.m. Councilor Mackintosh said his husband owns a business located in C-T that is open until that time and confirmed with Ms. Machen that there were no restrictions on hours for other business categories in C-T. Ms. Lackey clarified that per Councilor Mackintosh’s request, the motion is to amend the resolution to include tattoo/piercing establishments as permissible by-right in C-T districts. Councilor Mackintosh moved to approve Resolution 25-66, initiating an Amendment to the Tattoo/Piercing Establishment Use Regulations of the Unified Development Ordinance, with an amendment to consider by-right use in commercial transitional (C-T) districts. The motion was seconded by Councilor Holmes and passed by the following unanimously recorded votes: Ayes (5) - Councilors Frye, Finn, Graham, Holmes, and Mackintosh; Nays (0). Transmittal of Withdrawal Letter Regarding 1500 Gateway Boulevard – Petition Appealing Decision of the Planning Commission of the City of Fredericksburg, Virginia (D25-363). City Attorney Kelly Lackey summarized the withdrawal letter from the applicant’s counsel and explained that the letter was included in this evening’s Council meeting for informational purposes. Council Calendar (D25-364). 22643 Regular Session 09/09/25 Adjournment. There being no further business to come before the Council at this time, Vice-Mayor Frye declared the meeting officially adjourned at 9:42 p.m. Charlie L. Frye, Jr. Charlie L. Frye, Jr., Vice-Mayor Molly Henderson Molly Henderson, Clerk of Council APPROVED APPROVED 01-09-24 06-27-23 22644