Planning Commission
Regular MeetingFredericksburg, VA · June 14, 2023
Minutes
PLANNING COMMISSION
MINUTES
June 14, 2023
6:30 PM
Regular Meeting
You may view and listen to the meeting in its entirety by going to the Planning Commission page on the City’s
website: https://www-regionalwebtv-
com.filesusr.com/html/2c630b_52690fe286848cd4501315f061e711d7.html?wchannelid=2aucum61zm&wmediaid
=xz9ysk6kug
The agenda, staff report and associated documents are also available on the Planning Commission page:
https://www.fredericksburgva.gov/241/Planning-Commission
MEMBERS CITY STAFF
David Durham, Chairman Chuck Johnston, Director
Mary-Margaret Marshall, Secretary Mike Craig, Principal Planner
Susanna Finn Taylor Owen, Administrative Assistant
Chris Hornung
Tom O’Toole
1. CALL TO ORDER
Chairman Durham called the meeting to order at 6:30 p.m. in Council Chambers and explained meeting procedures for
the public. Members of the public were invited to attend or access this meeting by public access television Cox Channel
84, Verizon Channel 42, online at www.regionalwebtv.com/fredcc, or Facebook live at www.facebook.com/FXBGgov.
2. PLEDGE OF ALLEGIANCE
3. DETERMINATION OF A QUORUM [00:03:00]
There were five members in attendance of the meeting at the call to order.
4. APPROVAL OF AGENDA [00:03:28]
Mr. Hornung motioned to approve the agenda and Ms. Marshall seconded. The motion passed 5-0.
5. DISCUSSION OF POTENTIAL POLICIES, ORDINANCES, OR APPLICATIONS
None.
6. DECLARATION OF CONFLICTS OF INTEREST OR DISCLOSURES OF CONTACT [00:04:06]
Mr. O’Toole, a member of the church, referenced an email from the City Attorney who confirmed that he does not
have a personal or financial interest in SUP FY23-0003 according to the Conflict of Interest Act. Ms. Marshall stated
that she is in the same position and is able to participate.
7. OLD BUSINESS [00:05:23] (Attachments)
A. Saint Mary of the Immaculate Conception Parish., requests a Special Use Permit to consolidate and expand
the Religious Institution use in the block bound by William Street, Stafford Avenue, and Augustine Avenue.
Mr. Craig provided an overview of the application background and an updated report to the proposal.
The Planning Commission did not have any questions and welcomed the applicant to the front of the room to speak.
Mr. Charlie Payne, the applicant’s representative, was present to answer any questions.
Chair Durham opened the public hearing for public comment.
Kim Rudisill, 1316 Brent Street, spoke in opposition to the application.
Alice & Edward Whelan, 1325 Royston Street, spoke in opposition to the application.
Sue Sargent, 1318 William Street, spoke in opposition to the application as president of the College Heights Civic
Association. She appreciated the changes made so far and listed several questions and concerns she would like to be
addressed in the application.
Mike Worsham, 1317 Royston Street, spoke in opposition to the application.
Anne Little, 726 William Street, spoke in opposition to the application.
Director Johnston read several written comments aloud. (Attachment)
Ellen Brown, 1407 Dandridge Street, spoke in opposition to the application.
Ronald Smith, 1318 William Street, spoke in opposition to the application.
Patricia Worsham, 1317 Royston Street, spoke in opposition to the application.
Rachel Sargent, 812 Daniel Street, spoke in opposition to the application.
Chair Durham invited the Planning Commissioners to speak.
Mr. O’Toole asked the applicant to clarify the concerns raised regarding the public notice efforts. Mr. Payne stated that
they were compliant with the City’s public notice requirements, and Mr. Craig confirmed. Mr. O’Toole asked Mr. Payne
to address the questions raised in the public comments regarding the daycare. Mr. Payne stated that the church would
have to meet all federal, state, and local government requirements regarding certifications and licensing. There is not
currently any daycare on site, but there is a pre-school. The church does not currently have plans to establish a daycare
in this application but may explore that possibility in the future.
Mr. Hornung stated that he understands the bulk of the concerns expressed with the application which are not strictly
exacerbated by the proposed request for the special use permit. Particularly the complaints regarding traffic and
parking, which he has noticed before. He suggested that input from the parking committee would be beneficial to
explore opportunities to mitigate impact on traffic.
Mr. Payne responded that they would be open to exploring those options. He stated that most of the uses they are
discussing tonight have already been in place for a long time. The new proposal includes the addition of on site which
is adjacent to the church campus to create a living space for the priests. Grouping all of these components together
under one Special Use Permit makes enforcement and oversight more efficient. He addressed the public comments
presented and explained efforts made by the church to positively benefit the neighborhood, which includes the
employment of a police officer to provide traffic control along William Street after services.
Chair Durham suggested that another officer should be placed within the neighborhood, such as Stafford Avenue, to
patrol and enforce the parking ordinance as well. Mr. Payne stated they are open to considering that possibility.
Chair Durham then mentioned the sidewalks and Mr. Payne confirmed that the sidewalk will be straight, concrete,
impermeable, and ADA compliant. They then discussed overuse of chemical treatments on the lawns at the site. Mr.
Payne confirmed that the original gate proposed was removed from the request and there will not be any obstructions
to the driveways.
Chair Durham closed the public hearing and invited the commission to make a motion.
Mr. Hornung motioned to recommend approval of the application on the condition that this be brought to the Parking
Advisory Committee to evaluate the conditions in the surrounding area and recommend improvements that can be
made to address residents’ parking concerns. Ms. Finn seconded the motion.
Mr. Hornung explained the reasons why he supports the application. Chair Durham agreed with motion and stated
there is an opportunity to improve the site. He then polled the commissioners. The recommendation passed 5-0.
Mr. Johnston stated that the City Staff is currently working on a Small Area Plan update for the neighborhood and
encouraged everyone to participate in the process as it is an opportunity to state concerns as detailed policies can be
developed as a result. Community meetings are scheduled for August and September.
B. Ideal Realty Group, Inc. (contract purchaser) requests a zoning map amendment of 90.06 acres from Planned
Development – Medical Center (PD-MC) with proffered conditions to Planned Development – Mixed Use (PD-
MU). [01:03:00] (Attachment)
Mr. Craig provided an overview of the project and the staff recommendation.
Mr. O-Toole asked for staff to clarify the proffer statement documents and the general development plan. Mr. Craig
sated that the proffer statement will be the core of the application and the specific phrasing in the document is critical
as the general development plan will need to conform to it. The development plan is general and includes land bay
planning, the phasing, the transportation network, and their anticipated sanitary sewer and water concept. It also
includes technical details such as the frontage rules, transition rules, and form-based elements. He then explained the
design elements in the drawing and how all of these will inform future review for the following plans, plats, and
permitting if approved.
Mr. O-Toole asked for more details concerning the clubhouse mentioned in the memo but not in the proffer statement
or GDP. Mr. Craig stated that the clubhouse falls under the project amenities section of the proffer and then referenced
the design guideline manual, providing a brief overview.
Mr. O-Toole asked who will maintain the alleyways and other facilities. There was a discussion regarding ownership
and land use. There will be a homeowner’s association to be responsible for privately owned properties and roads.
Mr. Hornung asked staff to identify the discrepancies between the applicants proffer analysis and the staff computed
proffer guidance. Mr. Craig provided a background on the project and the changes made involving the city schools
which altered the estimated proffer impacts.
Ms. Finn asked if there is a possibility to expand the road widths from two lanes to four lanes if council wishes to pursue
alternative funding mechanisms. Mr. Craig confirmed that it is possible that the roads will have four lanes but if a
funding source is not confirmed then it will revert back to two lanes subject to council. Mr. Craig spoke on the tools
use to determine the calculations, VDOT’s involvement, and the possibility of the applicant utilizing tax increment
financing.
There was a discussion pertaining VDOT, their requirements and recommendations, infrastructure design, and funding
opportunities.
Mr. O’Toole stated that the three-million-dollar difference is substantial and the developer should be the responsible
party to provide that.
Chair Durham wanted to know the official acreage of the zoning map amendment. Mr. Craig stated that it should be
83.6 acres as shown on the GDP. Chair Durham stated that number is inconsistent across their application documents
and Mr. Craig stated the applicant will confirm and make the appropriate corrections.
Mr. Charlie Payne was present to answer questions and provided an overview of their request, addressing questions
raised by the commission.
Mr. O’Toole requested more information regarding the “Live District” for assisted living and active adult multifamily as
shown in the design manual. This will be part of the total number even though it will not be residential use in the Live
District. This could be age-restricted but it’s going to be left open and flexible depending on the market. Mr. O’Toole
asked why single-family detached homes are excluded. Mr. Payne explained that they are not the best option for this
project as it is not consistent with the comprehensive plan. There was a discussion about alternative mixed uses and
why they were dismissed as well as building materials for the single family attached homes. The use of vinyl siding
greater than four inches is discouraged.
Chair Durham brought up the retention pond and park area. He asked if there are other pond styles which would be
more natural in appearance and supportive of the local ecosystem. Mr. Payne stated that they will meet the
environmental regulations and are considering those design details.
Ms. Finn requested confirmation of the total signalized pedestrian crosswalks at Cowan Boulevard included in the GDP.
There was a discussion regarding the impact of traffic and pedestrian safety and the commission concluded that
additional crosswalks would be beneficial.
Chair Durham summarized the items discussed and opened the public hearing.
Lawrence Thuotte, 2207 Hayes Street, spoke in opposition to the project.
Chair Durham closed the public hearing and invited a motion.
Mr. O’Toole inquired if additional housing was included in the residential portion of the application. Mr. Craig stated it
was not. There was then a discussion regarding the phasing of the project and occupancy requirements.
Mr. Hornung motioned to recommend approval of the Ideal Reality Group, Inc. zoning map amendment from PDMC
to PDMU with staff conditions including the restriction on four-inch vinyl siding as exterior material for residential
units and the addition of the signalized pedestrian crosswalks across route three as directed by staff. Ms. Marshall
seconded and Chair Durham called for roll call vote.
Marshall – Aye, O’Toole – Nay, Finn – Aye, Hornung – Aye, and Durham – Aye.
Motion passed 4-1.
Special Use Permit
for
Saint Mary of the Immaculate
Conception Parish
Overview
• Issue
• Shall the Planning Commission recommend to City Council approval of a
Special Use Permit (SUP) for Saint Mary of the Immaculate Conception Parish?
• Staff recommends approval of the special use to the City Council, subject to
conditions
• Property is 5.414 acres combined (currently on 15 parcels)
• Requesting approval to replace, update, and expand religious institutional use
permissions for Saint Mary’s
• Would replace 7 existing SUP approvals
• Proposed improvements include:
• Interior sidewalks with lights
• Water feature
• 600 sqft addition to rectory
• Removal of some fencing
Location
Saint Mary’s
Located Between:
• William St
• Royston St
• Stafford Ave
• Augustine Ave
Moved to William
Street in 1972
Planning Commission Public Hearing
• Multiple public comments regarding the application, both positive and
negative.
• General topics discussed:
• Parking
• Proposed ancillary uses (vacant lots)
• Institutional feel versus the residential character of the adjoining blocks
• Notice to adjacent neighbors
• Desire to keep separate SUP permits for each building and/or to revoke the
existing SUP approvals
• Benefits of having Saint Mary’s as a neighbor
• Compliance with the Comprehensive Plan/Unified Development Ordinance and
compatibility with neighboring properties
Applicant changes since the Public Hearing
• Changed use on two vacant lots to “Open Space for Religious Institutional Use”
• Stated that the applicant will need to pursue an additional SUP should they wish to
develop the property beyond the by-right uses listed under the R-4 District
• Clarified that 1308 Royston (vacant lot) is to be merged into the adjacent lot (use
noted as caretaker/single family)
• Updated the proposed use for the three Buckner Street parcels from religious
institutional to “open space/parking for religious institutional use
• Removed gates from the GDP
• Looked at sidewalks and offered to plant landscaping around the sidewalks
• Location, material, and lighting desired for safety
• Confirmed notice provided, resent notice for June 14th meeting
• Stated they are installing timers/motion sensors for the lighting on the homes
• Notes the location of existing signage on GDP with pictures provided
• No additional signage is shown or proposed at this time
Uses
Property Current Use Proposed Use
1301 William St Church Facility Religious Institution
1009 Stafford St Office / Preschool School / Assembly / Office
1102 Augustine Ave Rectory Caretaker / Single Family
1313 Buckner St Parking Lot Open Space / Parking for
1317 Buckner St Parking Lot Religious Institution
1321 Buckner St Parking Lot
1104 Augustine Ave JP II House (Parish Assembly
Ministries)
1101 Stafford Ave Catholic Charities (Office) Office
1110 Augustine Ave Vacant Lot Open Space for Religious
Institution Use
1300 Royston St Music House (Staff Caretaker / Single
Residence)
1308 Royston St Vacant Lot Caretaker / Single Family (To
be merged with adjacent lot)
1312 Royston St St Joseph’s House Assembly
(Meetings / Residence)
1316 Royston St Vacant Building Assembly
1109 Stafford Ave Vacant Building Assembly
1115 Stafford Ave Vacant Lot Open Space for Religious
Institution Use
1117 Stafford Ave Principal’s House (Staff Caretaker / Single Family
Residence)
Proposed Parcel Layout
• Will help address impacts of proposed
expansion by preserving neighborhood
fabric
• Merge three small lots containing existing
parking spaces into the large lot
• This will place the primary Religious
Institutional Use onto one parcel.
• Combine lots 1 and 2 into one lot
• Vacating a non-conforming property line
through the building
• Limit 1104 Augustine Avenue to lot
dimensions
• Consistent with neighborhood lot pattern
• Incorporate a portion of Lot 15B and 1308
Royston Street into 1312 Royston Street
• Maintain the neighborhood lot pattern
General Development Plan
• Primary Church Use Area:
• Main church assembly use
• School use
• Office / Ministry uses
• Ancillary Church Use Area:
• Accessory church uses only:
• Residential / Caretaker
• Assembly (small group
meetings)
• Office
• Child Care (currently allowed,
not proposed at this time)
• Proposed conditions on use,
hours, appearance, lighting,
landscaping, & parking
Saint Mary's Parking
Parking Address
Parking Type
Parking
Demand*
• Off-street parking requirements Off Street Garage On Street
driven by sanctuary, which is not 1102 Augustine Ave 0 0
7
5
proposed to change 1104 Augustine Ave 1 0
6
• 222 parking spaces provided 1300 Royston St 1 2 2
1312 Royston St 1 2 8
15
1316 Royston St 0 2 6
• Off-street parking requirement is 1317 Royston St 0 0 2
met, even if accessory uses were 1109 Stafford Ave 1 1
27
4
required to have off-street parking. 1101 Stafford Ave 2 0 5
1301 William Street 146 5 9 127
Sub-Total 152 12 58
• Sidewalks proposed to direct traffic Total Provided 222 Total Parking Demand* 165
to main lot *The ‘Parking Demand’ is an estimate of the parking requirement if each
ancillary use is calculated separately, and does not reflect UDO
requirements.
Parking
• On-street parking restrictions
mapped
• Considering the extent of the
parking discussion, Planning
Commission should recommend
to City Council that the Parking
Advisory Committee evaluate
the on-street parking along the
blocks near Saint Mary’s.
Parking
• Parking violations from May 2022-
2023
• Most on Saturdays (Hanover St.)
• 30 Sunday tickets (23%)
• Mainly on Stafford (sign violations)
VIOLATIONS PER DAY OF THE WEEK
(MAY 2022-2023)
Sunday, 30, 23%
Monday, 2, 2%
Saturday, 64, 49%
Tuesday, 8, 6%
Wednesday, 15, 11%
--- Violations
Friday, 12, 9% Provided
Recommend approval with the following conditions:
1. The Property will be developed and maintained substantially in conformance
with the Generalized Development Plan (GDP).
2. The principal religious assembly use shall be contained within the “Primary
Church Use Area” delineated on Sheet 4 of 4 of the GDP.
3. All school uses shall be contained within the “Primary Church Use Area.”
Enrollment shall be limited to 66 preschool students.
4. Any outdoor playground shall be located within the “Primary Church Use Area.”
Any playground installed shall be screened from adjacent residential uses.
5. Lots within the “Ancillary Church Use Area,” that are currently vacant or used
for parking may be developed for single family detached dwelling uses or any
other use by-right in the R-4 zoning district. Any other change of use will
require an amendment to this special use permit.
Conditions continued:
5. The hours of operation of uses located in the Ancillary Church Use Area shall
begin at 8:00 a.m. and end at 9:00 p.m., seven days a week, unless a Special
Event Permit is issued by the Parks, Recreation, and Events Department or a
Temporary Use Permit is issued by the Zoning Administrator. Additional time
for set-up/clean-up is permitted between 7:00 a.m. and 10:00 p.m. seven days
a week. The child day care use may begin operations at 6:00 a.m.
6. Lighting fixtures for interior sidewalks within the Ancillary Church Use Area
shall be five feet or less in height and in conformance with City Code.
7. Landscaping shall be installed to screen the interior sidewalks within the
Ancillary Church Use Area from view of the adjacent public streets.
Questions?
History Property
1301 William St
Previous Permitted Use
1974 SUP approved educational building
Current Use
Church Facility
Proposed Use
Religious
1992 SUP approved nursery school Institution
1994 SUP approved temporary church office
1009 Stafford St 1994 SUP approved building expansion, with Office / School /
conditions: Preschool Assembly /
• St. Mary’s Catholic Church shall install Office
1102 Augustine natural screening/buffer between the Rectory Caretaker /
Ave proposed added parking area behind the Single Family
Church and the adjacent residences in
1313 Buckner St College Heights. Trees and /or hedges of Parking Lot Open Space /
sufficient quantity and height would be Parking for
appropriate, to be approved by the City. Religious
1317 Buckner St • St. Mary’s Catholic Church shall improve Parking Lot Institution
its current access driveway directly from
William Street, as directed by the City.
1321 Buckner St 2003 SUP approved preschool, with Parking Lot
conditions:
• The preschool may serve no more than 66
students (per Father Rooney’s public
hearing comments) at a given time, and
between the hours of 8:30am through
3:30pm Monday through Friday.
• Any outdoor playground installed in
conjunction with the preschool or any other
church activities shall be located on the
main grounds of Saint Mary’s Church, not
on separate lots located within the overall
College Heights subdivision area. Any
playground installed shall be screened from
adjacent residential uses.
SUP History
Property Previous Permitted Use Current Use Proposed Use
1104 Augustine Ave 2004 SUP for Church Office & Education JP II House Assembly
Classrooms, with conditions: (Parish
• The parking and dropping off of Ministries)
students for this use of the property
be provided in the existing Church
parking lot.
• That the structure be maintained in
appearance as a single-family
detached dwelling unit.
• That the property be combined,
through a boundary line adjustment
plat, with the larger Church Property.
Such plat to be reviewed and approved
by the City prior to recordation. The
plat shall be recorded prior to use of
the structure as an office and
classrooms.
• The times of operation will be limited
to Monday through Thursday from
9:00am to 8:00pm, and Sunday from
3:00pm to 8:00pm.
• That once the house cease to be used
for this Church related non-residential
use that SUP shall expire.
SUP History
Property Previous Permitted Use Current Use Proposed Use
1101 Stafford 2012 SUP for Family Counseling Program, Catholic Office
Ave with conditions: Charities
• Client parking for this use shall be (Office)
provide in the existing Church
parking lot. Clients or staff who
require handicapped parking access
may park on site.
• The structure shall be maintained in
appearance as a single family
detached dwelling unit. No signs may
be placed on the property noting the
counseling program.
• Regular hours of operation shall be
limited to Monday through Friday
from 9:00am to 5:00pm. Emergency
visits are permitted to occur outside
of these days and times.
• Once the house cease to be used for
this Church related non-residential
use for two years, the SUP shall
expire.
SUP History
Property Previous Permitted Use Current Use Proposed Use
1110 Augustine Vacant Lot Vacant Lot Open Space for
Ave Religious Institution
Use
1300 Royston St Single Family Detached Music House (Staff Caretaker / Single
Residence Residence)
1308 Royston St Vacant Lot Vacant Lot Caretaker / Single
Family (To be merged
with adjacent lot)
1312 Royston St Single Family Detached St Joseph’s House Assembly
Residence (Meetings /
Residence)
1316 Royston St Single Family Detached Vacant Building Assembly
Residence / Convent
1109 Stafford Ave Single Family Detached Vacant Building Assembly
Residence
1115 Stafford Ave Vacant Lot Vacant Lot Open Space for
Religious Institution
Use
1117 Stafford Ave Single Family Detached Principal’s House Caretaker / Single
Residence (Staff Residence) Family
Harmony with Comprehensive Plan
• Future Land Use Map Planning Area 5: “University/Route 1” & Low
Density Residential
• Step towards meeting Comprehensive Plan outlook for the area
• Meets goals for sidewalk connections
• Comprehensive Plan Opportunity: “Protect established residential
neighborhoods from existing and proposed commercial development,
through transitional uses and design standards that minimize adverse
impacts.”
• Primary and ancillary church use area delineation creates a transition in
intensity as you move farther away from William Street
Harmony with Zoning District and Uses
• R-4 Residential Zoning District
• Allows selected uses that are compatible with the medium density residential
character of the district (including religious institutional uses)
• Dimensional standards for district to be maintained and some non-conforming
lots are to be fixed with proposed lot layout
• Primary/Ancillary use areas create transition in intensity
• Proposed conditions in GDP & resolution further the transition in intensity
• Strict conformity with GDP, Council approval for construction on vacant lots for uses not
by-right, use of main parking lot for entire SUP area, keep existing conditions regarding
school enrollment and playground screening
• Within ancillary area: maintenance in appearance of structures as single-family dwellings,
hours of operation limitations, accessory uses only
Special Use Permit Considerations
• Traffic or parking congestion
• 168 existing spaces (146 main parking lot, 22 on-street)
• 127 spaces required
• Proposed SUP does not increase required parking
• 1 space for every 6 seats in the worship area (762 occupancy)
• Noise, light, dust, odor, fumes, vibration, etc.
• All properties must meet city noise code
• Proposed Hours of operation condition within ancillary church use area
• Main hours of operation in the Ancillary Church Use Area: 8:00 a.m. and end at 9:00 p.m.
• Set-up/clean-up is permitted between 7:00 a.m. and 10:00 p.m.
• Child day care use may begin at 6:00 a.m.
• Discouragement of economic activities
• Church provides a variety of services to members and to the public
• No change in additional property ownership is proposed that would impact the tax
base
Special Use Permit Criteria
• Undue density or intensity of use in relation to community facilities
• Proposal would not negatively impact existing public facilities
• Reduction in affordable housing
• Existing number of residential uses proposed to remain
• Accessory uses will be able to shift within ancillary church use area
• Impact on school population and facilities
• Not applicable
• Impact on Conservation/Historic Districts
• Not applicable
• Conformity with laws
• Conforms to federal/state laws
• Applicant working with building official regarding on-site permitting
• Proposed SUP would negate purported SUP violations
• Massing and Scale
• Proposed improvements do not change massing and scale of existing structures
Civic Engagement
• Staff received reports of zoning violations in 2022
• Zoning Administrator created summary of Saint Mary’s SUP approvals
• Subsequent meeting with Saint Mary’s staff, Planning and Building Department
Director, & the Zoning Administrator regarding long term plans for the site resulted in
current SUP application
• Staff met with College Heights Civic Association on 4/7 & 5/23
• Saint Mary’s attended the meeting on 5/23 to answer questions
• Applicant/staff responded to reported violations
• Applicant met with Building Official/Zoning Administrator 5/23 regarding work done
on site and the applicant is working address needs
• Other general comments received regarding:
• noise from kids/traffic, increase in lighting, increase in use, parking/traffic
congestion, hours of operation, tax revenue, and overcrowding
GDP Conditions
1. Any day care use for more than 12 children shall meet the standards in Section
72-41.2B – Child Care Center. Parking, access, and drop off for a day care with
more than 12 children shall be provided from the Primary Church Use Area.
2. The Religious Institution must be developed in accordance with the Special Use
Permit General Development Plan.
3. The improvements use shall commence within 24 months of the date of
adoption of this resolution. The use is permitted only so long as it continues
and is not discontinued for more than 24 months (per City Code Section 72-
22.6).
4. Church properties shall utilize the main parking lot to the greatest extent
possible, except for handicapped parking where needed and for residents of
church properties.
5. The structures outside of the Primary Church Use Area shall be maintained in
appearance as Single-Family Detached Dwelling Units.
ST. MARY OF THE IMMACULATE
CONCEPTION PARISH
City Case No.: SUP 23-01
APPLICANT BACKGROUND
❖ St. Mary of the Immaculate Conception Parish (the “Church”) is the Applicant
❖ The Church has been operating as a religious institution in Downtown Fredericksburg since 1858 (165
years), and at this Property since 1971 (52 years)
❖ From 1974 to 2012 the City has approved several Special Use permits (“SUP”) for various projects and
accessory uses located on the Church property
❖ This SUP Application encompasses all prior SUP
approvals and additional related Church uses on the
subject property
APPLICATION OVERVIEW
❖ Religious institutions are defined as “[a] structure or place in which worship, ceremonies, rituals, and
religious education are held, together with its accessory buildings and uses (including buildings used for
educational and recreational activities), operated, maintained, and controlled under the direction of a
religious group. Religious institutions include churches, mosques, synagogues, and temples.
❖ This application is subject to the requirements of the Religious Land Use and Institutionalized Persons Act
(RULIPA)
❖ This SUP application is being requested to allow for the expansion of the Church’s supporting accessory
uses and to consolidate and incorporate all prior, existing special use permits granted to the Church on
multiple properties within the 1301 block of William Street enclosed by Stafford Avenue, Royston Street
and Augustine Avenue (consisting collectively of 7.132 acres in total)
APPLICATION OVERVIEW
❖ Request is consistent with the City’s Comprehensive Plan:
✓ Property is located within the City’s Planning Area 5: University/Route 1 Central
▪ Protect established residential neighborhoods from existing and proposed commercial development, through transitional
uses and design standards that minimize adverse impacts
❖ Special use is in harmony with the purpose and intent of the zoning district regulations as a compatible and
transitional use within the neighborhood
❖ The Church is a long standing member of the neighborhood and endeavors to promote harmony with the existing
uses and planned use of the neighboring properties
❖ The project will be designed and configured to ensure compatibility and a positive transitional use with surrounding
uses
PROPERTY – PROPOSED USES
• Religious Institution at 1301 William Street (GPIN
7779-62-6888);
• Assembly at 1104 Augustine Avenue (GPIN 7779-
62-6888);
• Caretaker/Single-Family at 1117 Stafford Avenue
(GPIN 7779-63-3047);
• Open Space at 1115 Stafford Avenue (GPIN 7779-
63-3062);
• School/Assembly/Office at 1009 Stafford Avenue
(GPIN 7779-62-6888);
• Assembly at 1109 Stafford Avenue (GPIN 7779-62-
3987);
• Office at 1101 Stafford Avenue (GPIN 7779-62-
4921);
• Open Space/Parking at 1321 Buckner Street (GPIN
7779-62-5914)
PROPERTY – PROPOSED USES
• Open Space/Parking at 1317 Buckner Street (GPIN
7779-62-5968);
• Open Space/Parking at 1313 Buckner Street (GPIN
7779-62-5090);
• Caretaker/Single-Family at 1102 Augustine Avenue
(GPIN 7779-63-6190);
• Open Space at 1110 Augustine Avenue (GPIN 7779-
63-6128);
• Caretaker/Single-Family at 1300 Royston Street
(GPIN 7779-63-6201);
• Caretaker/Single-Family at 1308 Royston Street
(GPIN 7779-63-5175);
• Assembly at 1312 Royston Street (GPIN 7779-63-
5150); and
• Assembly at 1316 Royston Street (GPIN 7779-63-
4087).
PROPOSED IMPROVEMENTS TO PROPERTY
UNDER SUP
• Building an addition to 1102 Augustine Avenue
• Proposed 5 foot wide sidewalks internally linking buildings and uses back to the main Church campus
• Additional landscaping along the proposed sidewalks
• Onsite water feature behind 1312 Royston Street
Questions?
From: Richard Whalen
To: Planning
Subject: [EXTERNAL] Comments Addressed to the 14 June 2023 Meeting of the Planning Commission
Date: Tuesday, June 13, 2023 9:17:12 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
13 June 2023
Please read my comments addressed to the 14 June 2023 meeting of the Planning
Commission.
Thank you for your consideration.
Edward R. Whalen
1325 Royston St.
Fredericksburg, VA 22401
“
13 June 2023
Background
I live on the northeast corner of Stafford Avenue and Royston Street. My
address is 1325 Royston St., Fredericksburg, VA. My side of the street requires
a resident parking permit on Monday through Friday from 7 AM to 7 PM. The
properties on the other side of Royston Street are owned by Saint Mary
Catholic Church of which I am a member.
During the weekends and religious holidays a large number of people attend
church services causing a strain on the neighborhood’s limited parking
availability. Unfortunately one result of this limited availability is that a few
church members who attend the services violate the City Code for Parking and
make it unsafe for residents and other church attendees.
Examples of these violations are:
Parking in front of the fire hydrant on the northeast corner of Stafford
Avenue and Royston Street
Parking very close to crosswalks on all sides at the intersection of
Royston Street and Stafford Avenue.
Parking very close to crosswalks on the west side of the intersection of
Buckner and Stafford.
Parking very close to Stop Signs on Royston, Buckner and Augustine.
Parking that blocks people’s marked driveways.
Over the past several weekends the examples I give above have happened at
least once on each Saturday and Sunday.
On Saturday 10th of June I was pulling out from Royston Street and making a
left turn onto Stafford Avenue. My “Sight Distance” was blocked by a car
parked within 3 feet of the intersection of Royston and Stafford; this created a
very dangerous situation.
To further exacerbate these safety issues there is routine speeding on Stafford
Avenue. On one occasion in the past year my next store neighbor had her
parked car demolished by a speeder who crossed from the south lane to the
north lane on Stafford and struck her car. Her car was moved 45 feet by this
collision.
Suggestions:
The part of Stafford Avenue closest to Route 1 has parking spaces that are
marked, painted and clearly delineated, whereas the south part of Stafford
Avenue by the Catholic Church does not. Either marking and painting the
spaces clearly or putting signs up prohibiting parking near these intersections
(Per city code) would be a good step towards the solution of this problem.
Extending the time of resident parking requirements on Stafford, Royston and
Augustine to include Saturday and Sunday will also help alleviate some of the
burden put on residents
Daily rigorous enforcement of the speed limit on Stafford Avenue and on
William Street would also be a boon to safety in this area.
The new parking spaces on William Street by Saint Mary Church have caused a
merge that can become very difficult. It might be worth considering restricting
the right, westbound lane on William Street and College Avenue to right turn
ONLY onto College Avenue. This would eliminate many of the problems that
can be seen at that merge.
Thank you for your consideration,
Edward R. Whalen, Alice F. Whalen
1325 Royston St.
Fredericksburg, VA 22401
“
From: physjock@aol.com
To: Planning Commission Members
Subject: [EXTERNAL] letter to planning commission
Date: Friday, June 9, 2023 9:51:00 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
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I had previously sent this letter to be read at the planning commission meeting, but omitted my zip code. I
am resending with the zip to ensure the letter is read. The zip is 22401.
I am writing to all of you in hope that someone with a vote can and will see fit to stop St. Mary's from
combining SUPs for individual, formerly single-family, residences it owns. In addition I would like this
letter to be read at the next Planning Commission Meeting.
I will try to be brief.
1. Folks on the Planning Commission and City Council who have an affiliation to St. Mary's should
recuse themselves from a vote on all issues that come up regarding St. Mary's. If there were other
religious institutions with issues before the City, I would request the same of them.
2. The SUPs previously granted to the Diocese of Arlington/St. Mary's here in College Heights should not
be combined. The DOA agreed in the current SUPs to keep the properties looking residential. That is no
longer their intent with walkways between them and gates blocking driveways. If there is a single SUP
granted, it should combine the RESTRICTIVE aspects of the current SUPs. Since when is it OK to buy
something, sign a legal agreement in the form of a SUP, then say that agreement no longer suits you so it
should be changed?
3. At the last Planning Commission meeting a Church representative was asked why parishioners from
surrounding counties and other jurisdictions did not attend the parishes nearest to them. The answer was
that St Mary's was somehow more welcoming, and had better facilities. Why doesn't DOA spend some of
its money upgrading these other locations to make THEM more desirable? Continuing to spend money to
improve St Mary's will do nothing but exacerbate the problem of parishioners not attending local parish
churches. The Planning Commission should be concerned that if they allow DOA to make St. Mary's into
a larger compound, this will only be the beginning of the story and eventually DOA will purchase more
properties in College Heights. When is enough enough?
4. Parking on Wm St: inconveniences thousands of people who have to form 1 lane and can't see what's
coming towards (or out of) Stafford Ave. William Street was paid for by these taxpayers. Now it's a
taxpayer-paid parking lot for St. Marys, and re-paving is done at taxpayer expense. Nowhere else in the
City has a non-taxpaying entity gotten such a good deal on a parking lot.
St. Mary's should NOT be granted a single SUP for all its properties in College Heights.
Ellen Brown
1407 Dandridge St.
22401
From: Mike Worsham
To: Planning Commission Members
Cc: Planning; Mary Katherine, Greenlaw; Chuck Frye; Kerry Devine; Matthew J. Kelly (kelly058@verizon.net);
Timothy P. Duffy; Jonathan A. Gerlach; Jason N. Graham; Timothy J. Baroody; Kathleen Dooley;
chca_board@yahoo.com; Ernie Ackermann; Martin Davis; Charles R. Johnston; Cat Paccasassi; Vicki Null; Clark
Diane; Dennis Lister; Jack Cianciotto; Ellen Brown; Lynn Ackermann; Ernie Ackermann; Kim Rudisill
Subject: [EXTERNAL] Re: St Mary SUP
Date: Tuesday, June 13, 2023 3:27:44 PM
Attachments: PC Comments 05242023.pdf
Current SUPs and Conditions.pdf
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Mr. Durham and PC Members,
I respectfully request to delay the vote for the St. Mary SUP to allow sufficient time for
College Heights residents to review and assess the latest SUP revision. We received
the updated information late Friday afternoon and many people were away for the
weekend.
Planning and the applicant had several days following the last PC meeting to prepare
the revised documents. I am asking for reasonable and sufficient time for the public
to review and prepare comments.
Thank you very much,
Mike Worsham
On Monday, June 5, 2023 at 07:50:27 PM EDT, Mike Worsham <m-p@verizon.net> wrote:
Mr. Johnston,
I wish to request a more rigorous and objective review of the SUP request by
Planning. It seems clear to me that this submission is inadequate in meeting SUP
requirements and if brought before the Planning Commission for a vote it should be
denied.
According the the City web site a SUP application is required to comply the following:
Description of the development’s impact on neighboring and
adjacent properties, please be specific
and submit a complete and accurate description on a separate
sheet of paper showing:
1. Compliance with Comprehensive Plan;
2. Harmony with the purpose and intent of the zoning district
regulations;
3. Harmony with the existing uses or planned use of
neighboring properties; and
4. Traffic Impact.
Many of us in this area have significant expertise in writing responses to Government
RFPs which have to exactly comply with stated requirements. The applicant's
response in this case does not provide a specific, complete and accurate description
of how they comply. A response like the applicant's would be quickly rejected as
"non-compliant".
The following are my comments on why the applicant does not meet SUP
requirements:
1. Compliance with Comprehensive Plan
The applicant clearly does not provide a "complete and accurate description" of how
the proposed SUP complies with the Comp Plan. The very first bullet point on page 4
of the Zoning Narrative submitted by the applicant speaks to meeting "certain
opportunities" for Planing Area 5 in the Comp Plan. Please refer to the excerpt below
from The Comp Plan, Land Use Planning Area 5, specifically the second and third
bullet:
Per the second bullet point above, as far as I know there is no "existing and proposed
commercial development" that the Church property can protect the neighborhood
from. The Church property is completely surrounded by residential homes today so
there is nothing to transition from and nothing to protect against. The narrative
statement looks to be a weak attempt to comply with SUP requirements by stating
something that tries to prove compliance, but fails completely. In fact, if the SUP is
implemented as requested, the residential neighborhood will experience increased
adverse impacts since the applicant is wanting to establish accessory uses which
means more intense uses of the residential homes owned by the Arlington Diocese
by holding religious studies, meetings and various "assemblies". The applicant also
requests to be given the right to "shift" usage as they see fit which is a significant
overreach.
The narrative does nothing to address the bullet point above about UMW, underage
drinking, parking, and rental units. The narrative response to this Comp Plan
compliance requirement is simply not applicable. This section does speak to
installing new sidewalks between the Church and the residences. The GDP
information includes the proposed addition of 600 linear feet of sidewalks that are five
feet wide. The Comp Plan addresses important environmental factors such as
stormwater runoff and impervious surfaces. The unneeded addition of this much
impervious sidewalk surface violates the environmental intent of the Comp Plan.
There are also issues with air, noise and light pollution.
The applicant is not in compliance with the City's Comprehensive Plan.
2. Harmony with the purpose and intent of the zoning district regulations
Again in the narrative the applicant cites the transition nature of the property and
again this position is weak and simply not applicable. The applicant does have
existing SUPs with specified conditions in place today. Since the applicant is
successfully operating today with these SUPs/conditions, denial of the new SUP does
not impose a substantial burden on religious exercise and therefore does not violate
RLUIPA.
3. Harmony with the existing uses or planned use of neighboring properties
When the Church was first built in 1971 and operated at a level much like the other
churches in College Heights, the applicant was likely in harmony with the neighboring
properties since there was much lower attendance. Over the years Church
attendance grew appreciably and created problems that have been discussed in great
detail such as traffic, parking and pollution. Now, as stated in the narrative, the
applicant is requesting a SUP "to allow expansion of the current religious institution
and supporting accessory uses". The applicant has grown so large already and now
they are asking the City to allow expansion.
Expansion is clearly not in harmony with the existing or planned uses of our
neighborhood.
Additionally, the applicant is asking that the previous SUPs be voided and a new
umbrella SUP be created "for the purpose of promoting efficient chronicling and
identification of such permits." Attached is a summary of the existing SUPs and
conditions compiled by Mr. James Newman, Zoning Administrator, dated July 22,
2021. As you can see, this summary has a map and TWO pages of SUPs and
conditions. Two pages. How is tracking these SUPs and conditions so burdensome
and impossibly difficult to the City that tax payer money is spent to come up with a
new SUP with what will be relaxed conditions that favor the applicant and does not
address the concerns of the neighbors? It is difficult to believe that City personnel
and the applicant can not efficiently and effectively operate with the existing SUPs.
4. Traffic Impact
Traffic and parking is at times a significant problem and at other times attendance is
lower with less traffic and parking problems. It does not follow that expanding the
religious institution and accessory uses will have no impact on traffic and parking and
that existing infrastructure is adequate to accommodate the expanded uses. The
narrative states that "all parking needs will be served within the existing Church
parking lot on William Street." Attendance is so great that at many times overflow
parking spaces on streets around the Church are filled. This is true for William,
Stafford, Royston, Augustine and Buckner, but streets on the other side of William
such as Adams, Daniel, Bright and Moncure are also greatly impacted. Many
residents testify that their driveways are blocked and parishioners park too near
intersections so that sight lines are obstructed creating hazardous conditions for
pedestrians and drivers.
Also attached is a pdf of my public comments at the Planning Commission meeting
on 5/24/23 for your information.
We believe College Heights is the best kept secret in Fredericksburg, but the
applicant has clearly grown too large for our once quiet neighborhood. If St. Mary
truly can not meet the needs of its current parishioners without further expansion,
perhaps some of the services such as Spanish Masses can be transferred to other
nearby Churches which are closer to many parishioners. St. Mary could sell some of
the homes to private families so the properties can be returned to the City tax base
like the University of Mary Washington has done and College Heights can again have
families living in much needed and highly desired single family residences.
With respect,
Mike Worsham
Planning Commission Meeting - May 24, 2023
Mike Worsham
1317 Royston Street
Fredericksburg, VA 22401
• If you study the General Development Plan and the Narrative submitted
by the law rm hired by the Diocese of Arlington you will see numerous
assertions that are not su ciently supported and justi ed by facts.
• They claim their proposed changes do not alter the residential character
of our neighborhood, but this is not true. The character is already
altered for the worse when the properties were surreptitiously purchased
by the Arlington Diocese.
• Most Church owned homes on Sta ord, Royston and Augustine do not
look like true residences where people live. These homes mostly have a
sterile feel to them almost like an old movie set from the 1950s.
• Residences have people and families living in them. Neighbors mow the
lawn and visit with each other. Kids play with other kids on the block.
This is one of the reasons we moved here.
• There is a statement that says we believe the property is supportive of
and compatible with surrounding residential uses in the area. There is no
justi cation to this weak assertion.
• Why? Because the Church creates signi cant detrimental issues that
negatively a ect the surrounding area such as increased tra c
congestion, air and noise pollution and road wear, a continually eroded
City tax base, increased tra c and parking problems and overuse of
lawn chemicals and pesticides.
• There is another statement that says “We believe” the project is
compatible with the Comprehensive Plan. The previous stated
detrimental issues illustrate that the project is not compatible regardless
of what someone believes.
• There is a statement that the Church is a long standing good neighbor
and this is highly debatable. Other smaller churches in our
neighborhood are good neighbors, but St. Mary has actually out grown
its location.
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• The crush of parishioners create serious safety, tra c, parking and noise
problems. The Church has done nothing noticeable to address these
well known problems like a truly good neighbor would do.
• Another statement says that the Church “intends” to reduce any impact
it may have on the surrounding residential uses. We already have a huge
impact so if the Church is truly interested in reducing its impact, it would
reduce the number of events that attract many people from outlying
areas in Spotsylvania and Sta ord and restrict activities to those that it
can adequately manage.
• It is clear this mega-church is already too large for the neighborhood.
• The Church’s 1/8/23 weekly news letter states that “It’s a matter of
Growth, because we desire to expand what we already are.” Where
does this desire come from and why is growth good?
• Why is there such an enormous emphasis on growth? Why do they
need to grow? Who bene ts from this growth?
• Perhaps successful fund raising and growth is a way to achieve career
advancement within the Church hierarchy.
• Perhaps St. Mary real estate investment and exploitation is just a portion
of the overall Diocese of Arlington nancial strategy. The Arlington
Diocese is well known for its real estate acquisitions and the demolition
of buildings to make parking lots. They allow parishioners to park in
these lots for services, but charge commuters for parking during the
week.
• Demolition of homes and parking lot construction are very real future
possibilities but you hear they have no real plans at this time to raze
homes or to even sell the homes. I’m not convinced.
• The GDP calls for gates to be installed at each driveway along Sta ord,
Royston and Augustine. They say it is because of complaints. They say
their plans won’t change the residential character of the neighborhood.
Installation of gates only makes our neighborhood look like some kind of
institutional compound with security devices installed to protect it
against some kind of threat.
• The GDP calls for new sidewalks and lighting. So now, instead of a
residential community, we are going to have a compound behind gates
that looks like some kind of business or hospital complex.
• The SUP Narrative states that the Church’s existing infrastructure is
adequate to accommodate Church use, so why is this SUP to allow
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Church expansion even necessary if operations and resources are
adequate today?
• The SUP Narrative states “all parking needs will be served within the
existing Church parking lot on William Street”. There is regular over ow
parking on all streets surrounding the main Church grounds, on both
sides of William. People block driveways, park at the intersections
limiting safe turns and park the wrong way on the wrong side of the
street. It would be interesting to know how many parking tickets have
been written.
• We want to preserve the integrity of College Heights as a primarily single
family residential neighborhood.
• We respectfully urge the City to deny the St. Mary SUP and require
individual permits for desired changes to Church property.
Mike Worsham
College Heights Civic Association Director
443-995-1879
fl
From: Mike Worsham
To: Planning Commission Members; Planning; Mary Katherine, Greenlaw; Chuck Frye; Kerry Devine; Matthew J. Kelly
(kelly058@verizon.net); Timothy P. Duffy; Jonathan A. Gerlach; Jason N. Graham; Timothy J. Baroody; Kathleen
Dooley; chca_board@yahoo.com; Ernie Ackermann; Martin Davis; Cat Paccasassi; Vicki Null; Clark Diane; Dennis
Lister; Jack Cianciotto; Ellen Brown; Kim Rudisill; chrisbraney@icloud.com
Subject: [EXTERNAL] Keep our residential neighborhood residential
Date: Wednesday, June 14, 2023 1:29:00 PM
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To be read at the June 14, 2023 Planning Commission Meeting
From:
Pat Worsham
1317 Royston Street
Fredericksburg, VA 22401
Keep our residential neighborhood residential
We purchased and improved our home in the College Heights residential
neighborhood according to all rules and regulations of the city of Fredericksburg.
We had no way of knowing the Diocese of Arlington had purchased many of the
homes on our block and had an agreement with the City to keep them in an
appearance of single family homes per the current SUPs. This was a very deceptive
agreement between the city and the church. The Diocese of Arlington’s plan was to
slowly acquire all the homes privately on the block. Had we known this, we likely
would not have purchased our home.
Keep our residential neighborhood residential
The applicant's area is not a transitional zone. It is in the middle of a neighborhood
of single family residential homes.
Zoning is what keeps our residential neighborhoods residential. The applicant's
proposed changes are not in the best interest of the community.
Keep our residential neighborhood residential
No one objects to a small church on the corner but we do object to the mega church
that is trying to take over our neighborhood and draw people in for the purpose of
increasing attendance and donations. The church wants to use these homes more
intensely and frequently than our neighborhood can support. It is just too much
church for our neighborhood.
Keep our residential neighborhood residential
Respectfully,
Pat Worsham
1317 Royston Street
Fredericksburg, VA 22401
Sent from the all new AOL app for iOS
From: nelson Sargeant
To: Planning
Subject: [EXTERNAL] PUBLIC COMMENT RACHEL SARGEANT RE: ST. MARY"S SPECIAL USE PERMIT
Date: Wednesday, June 14, 2023 1:30:54 PM
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This is PUBLIC COMMENT for the 6-14-2023 Planning Commission Meeting. It is from
RACHEL Sargeant. It is within the 3 MINUTES.
Good Evening. My name is Rachel Sargeant. I live at 812 Daniel St. 22401.
I am writing about the St. Marys/Diocese of Arlington application and the "Generalized
Development Plan' in it. I would like to thank the Zoning Staff, especially Kelly Machen and
Mike Craig, for the work they did on the 2nd Revision. The detail and the The 'Figures' which
picture out the parcels: The Church" and 'The College Heights houses" as well as the 'color-
coding' helps us to better see the effect of what is proposed in the one SUP. Plus each house
now has A USE on it.
I do have some questions. For the rectory house on Augustine Ave that has the proposed 600
sq ft addition: For clarificaiton: Does that mean just 'priests' who have received the Sacrament
of Holy Orders will live there? or are 'Deacons' also included? The St. Mary's Director of
Operation, Chris Lanzarone said that the house will be home to 5-6 priests.
For the 'optional day care'. I have concern about child safety and health. There needs to be
more specifics on it. Is it going to be 'licensed' or under a 'religious exemption'. If it's under
'voluntary registry', then it can only have 4 children. Where do the children play for outside
time? Will a fence be added to the house backyard or will they play on the Church's
playground?
I am concerned, especially for the children and other vulnerable ones, about the amount of
pesticides that St. Mary's uses on all the house lawns that the Diocese of Arlington owns.
Any sidewalk walker on Stafford, Royston, and Augustine can smell the fumes after an intense
lawn treatment and the parishioners spraying the properties.
So how will the children in the day care be protected from the fumes or even touching the
grass after a treatment?
I heard that the St. Mary's Garden Ministry may be studying what Good Shepherd Catholic
Parish in Alexandria does in practicing 'environmental stewardship'. This is encouraging to
hear.
The Saint Cut - Tear -Ree (Kateri) 'Care for Creation' ministry at Good Shepherd sounds
wonderful. I'm looking forward to her Feast Day coming up on July 14th.
https://www.kateri.org/
From: nelson Sargeant
To: Planning
Subject: [EXTERNAL] PUBLIC COMMENT BY RON SMITH RE: ST. MARY SPECIAL USE PERMIT
Date: Wednesday, June 14, 2023 12:02:17 PM
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[This email is for Public Comment to be read out loud at the 6-14-2023 Planning Commission
meeting on the St. Mary/Diocese of Arlington Special Use Permit. It is from Ron Smith. It is
WITHIN THE 3 MIN read-aloud].
Good Evening. My name is Ron Smith. I live at 1318 William St. 22401.
I am writing to express my concern that I was not provided timely notice on the St.
Mary/Diocese of Arlington's Special Use Permit Application as an adjacent homeowner. The
certified, return receipt letter was supposed to be provided by the Applicant at least 14 days
prior to the May 24 hearing. The United States Postal Service receipt to 'attempt' delivery was
dated May 19 which is not within the required timeline.
In speaking with neighbors, I've learned that others did not receive the notice by timeline.
The homeowner adjacent to St. Mary's Church at 1211 William St. is one of them. He owns
the historic 'Rosehill' house next to St. Mary's and the surrounding lots.
I've learned about a May 22nd meeting that the College Heights Civic Association Board of
Directors had with Zoning Staff, St. Mary's Director of Operations, Christopher Lanzarone,
and TWO Hirschler attorneys, not one but TWO, TWO attorneys, who represent the interests
of St. Mary/Diocese of Arlington:
When Mr. Lanzarone was asked, 'Are there any more plans by St. Mary's/ Diocese of
Arlington to buy up more properties in College Heights?', Mr. Lanzarone responded: 'There is
'a right of first refusal' on the two parcels next to the house next door'. end quote.
This is the homeowner at 1211 William St.
I request that Planning Commission remember that this required notice was not submitted as
per city procedure by the Applicant. It needs to be documented into the public record.
It is also troubling to hear how the 'right of first refusal' on the homeowner's property was
obtained.
St. Mary's sent out at least one Eucharistic Minister to attempt to get the first homeowner, the
current one's mother, to sign the paper. A parishioner was sitting in the waiting room of the St.
Mary's rectory and witnessed the Eucharistic Minister enter the room and loudly proclaim to
the church secretary in front of others: 'I almost got her to sign!!!!' meaning the current
homeowner's invalid mother.
This guileful method of operation is similar to Diocese of Arlington acquisition of some of the
homes in College Heights which St. Mary's pastors 'spin' as: 'homeowners come to us to sell
their house'. Not true.
St. Mary's representatives 'visit' the homeowner, an aging widow, in person and indicate that
St. Mary/Diocese of Arlington is interested in buying her house. She is not ready to sell at that
time and says, 'no'. When the widow's children ask if it's time to move, the widow mentions
St. Mary/Diocese of Arlington's interest in the house and that they will pay above asking price,
and then the family sells to them.
This is not being a good neighbor because of the way the properties are acquired by the
Diocese of Arlington.
1500 Gateway
City of Fredericksburg
Case Number RZFY23-01
Application Overview
• GPIN #’s 7769-93-9151, 7769-94-
7825, 7779-02-1758, and 7779-03-
1528
• Property consists of approximately
86 acres located between Route 3
and Cowan Boulevard, along the I-
95 interchange
• Request to rezone from Planned
Development – Medical Center (“PD-
MC”) to Planned Development –
Mixed-Use (“PD-MU”)
Small Area Plan Purposes
• Property is located within the City’s Small Area Plan 3 to include Transects 4 and T-
5W
➢T-4 encourages higher density residential uses to support the vision of a workplace urban
center
➢T-5W encourages higher density workplace environment, including high quality
office/institutional tenant of commercial and light industrial space
• Project consists of the following:
➢Up to 443,900 square feet of commercial space (25.48% of project):
o +/- 204,000 square feet of office, flex industrial and institutional space
o +/- 173,400 square feet of retail and consumer spaces
o +/- 66,500 square feet of lodging space
➢Up to 649 residential units (74.52% of project):
o 187 – Single Family Attached Units
o 174 – 2 Over 2 Units
o 288 – Multi-Family Units
Generalized Development Plan
Landscape Buffer Plan
Open Space Plan
Municap Proffer Analysis
❖School Impacts
We revised middle school cost to reflect amount in the recently adopted City
of Fredericksburg School Board Budget for FY 24
Proffers include contribution towards the expansion of James Monroe High
School as provided in most recent City CIP
School bus impacts have been removed, as they are no longer in the CIP due
to the City receiving a grant for school buses
Elementary school conversion impacts have been removed as they’re using
grant money for this conversion
We included 2/2s as a townhouse impact vs. multifamily impact
Municap Proffer Analysis
❖Public Safety Impacts
Revised fire station improvement costs to reflect updated costs identified in
the City of Fredericksburg FY 24 Recommended budget –CIP
Revised fire apparatus impacts to only reflect the four vehicles and their
costs as identified in the City of Fredericksburg FY 24 Recommended
Budget – CIP
• The MuniCap analysis reflects current resident and employment
population
Proposed School Proffers
❖Project is anticipated to generate 228.43 total students (47.31 middle
school students,117.42 elementary students, and 63.70 high school
students)
❖Proffered over $3.7 million in Cash
$2,909,577.33 for Schools
➢ $ 1,074,899.52 for MFA Units ($3,732.29 per unit)
➢ $ 1,834,677.81 for SFA and 2/2 Units ($5,082.21 per unit)
$858,553.98 for Public Safety (includes residential and commercial uses)
Other Proffers
❖ Provide a 10' wide multi-use trail along Gateway Blvd., connecting Plank Road with the
existing trail along Cowan Blvd
❖ Provide 5' wide sidewalks along parking lots to provide internal pedestrian circulation
throughout the development
❖ Reservation of a transit bridge access connection to be built by others
❖ Applicant will grant a trail easement to the City for purposes of connecting to the existing
Smith Run Trail and open space areas in Land Bays G & H
❖ Applicant will provide and construct a pedestrian trail and interparcel road access from
Gateway Boulevard Extension to the City’s Vermont Ridge parcel and will stub a water
connection to the same
❖ Preservation of open space on Land Bays G & H
❖ Construction of a sound wall adjacent to I-95 along areas adjoining any Residential areas
❖ Participation on a prorata cost share basis for impacts to City public utilities
❖ Stormwater pond on Land Bay G will be outside of the RPA adjacent to Smith Run
❖ Phasing: Project includes 3 phases, and 20 month restriction after approval for CO
Transportation Study Areas
• Plank Road (Route 3) and Gateway Blvd/Ramseur St. (Signalized, Gateway Blvd Ext will replace Ramseur ST. With the
future extension of Gateway Blvd.)
• Plank Road (Route 3) and I-95 NB Ramps (Signalized)
• Plank Road (Route 3) and Mahone Street/Altoona Drive (Signalized)
• Plank Road (Route 3) and Westwood Shopping Center /Greenbrier Shopping Center (Signalized)
• Plank Road (Route 3) and Woodlyn Drive/Huntington Hills Lane (Signalized)
• Plank Road (Route 3) and Westwood Drive/Westmont Drive (Signalized)
• Carl D. Silver Parkway and Cowan Boulevard/Central Park Boulevard (Signalized)
• Cowan Boulevard and Preserve Lane (Unsignalized)
• Cowan Boulevard and Snowden Hills Boulevard (Signalized)
• Cowan Boulevard and Hospital Drive/Manor Drive (Signalized)
• Gateway Boulevard Extension and Mahone Street (Future Intersection)
• Cowan Boulevard and Gateway Boulevard Extension (Future Intersection)
• Gateway Boulevard Extension and Ramseur Street Relocation (Future Intersection)
• Gateway Boulevard Extension and Internal Connection #1 (Future Intersection)
• Gateway Boulevard Extension and Internal Connection #2 (Future Intersection)
Transportation Improvements
❖ PHASE 1 IMPROVEMENTS:
✓ Improvements at the intersection of Cowan Blvd. and Gateway Blvd. extension
➢Install a traffic signal or traffic circle at this location in accordance with the TIA all subject
to final design for the Project and site plan approval;
➢Provide signalized pedestrian crosswalks with traffic signal design plans as required by the
City and VDOT.
✓ Improvements at the intersection of Cowan Blvd and Preserve Lane/Evergreens
Lane
➢Restripe the southbound approach to delineate a 11 foot wide shared left turn/through lane
and an exclusive 11 foot wide right turn lane
Transportation Improvements
❖ PHASE 3 IMPROVEMENTS:
✓ Improvements at the entrance near Gateway Blvd. and Plank Road intersection
➢Construction of one additional eastbound left turn lane with 300 feet of storage and a 200
foot taper
➢Extend the existing eastbound left turn lane to have 300 feet of storage and a 200 foot
taper
➢Construction of southbound approach (Gateway Boulevard Extension location) with one (1)
exclusive left turn lane, one (1) shared left turn/though lane, and two (2) exclusive right
turn lanes
➢Modification of the existing traffic signal by installing a right turn lane overlap phase for
both the existing northbound approach and the proposed southbound approach.
✓ Coordinate with VDOT and the City regarding the implementation of the future
traffic signal timings within the Plank Road Corridor.
✓ Improvements at the intersection of Gateway Blvd. Extension and Mahone Street
➢Construction of a right-in/right out two-way stop controlled intersection with Gateway
Boulevard Extension as the mainline and Mahone Street as the side street.
Transportation Improvements
❖ PHASE 3 IMPROVEMENTS (con’t):
✓ Improvements at the intersection of Gateway Blvd. Extension and Ramseur Street (as
relocated)
➢Relocate Ramseur Street to intersect Gateway Boulevard Extension to the north of Mahone
Street, and construct a two way stop controlled full access intersection at this intersection.
❖IMPROVEMENTS THROUGHOUT PHASES (1-3)
✓ Improvements at the intersection of Gateway Blvd. Extension and Internal Connections
(#1-5) to ensure Extension is free-flowing and the Internal Connections are stop
controlled.
✓ Dedication of applicable right of way required for the construction of all transportation
improvements.
✓ Construction of two lane improvements to the Gateway Blvd. extension from Plank
Road to Cowan Blvd.
✓ Applicant will agree to construct four lanes of the Gateway Blvd. extension if City
approves a tax increment financing method or other public funding method mutually
acceptable to the City and Applicant.
Transportation
Transportation
Economic Development
❖Approximately $279 million investment
❖Estimated $214 million in gross City tax revenues and net $92 million over
the first 30 years or on average $2.2 million annually
❖Addition of 2,781 jobs during construction
❖Anticipates 1,252 permanent jobs at full buildout
❖Total annual incomes to generate approximately $443 million in salaries.
Questions?
Residential Regulation Update
Overview of Proposed Changes
Planning Commission Public Hearing
2023 June 14
June 9: Council approved PD-R amendments
• Density Changes:
Increase maximum residential density in PD-R to 24 units.
• Form-Base Code Development Criteria and taller residential structures:
• Form-Based Development Criteria were added to require a General Development
Plan to be comprised of Urban Fabric, Frontage, and Building Type Standards.
• New PD-R regulations permit either residential or non-residential structures to be a
maximum of 60 feet in height (subject to FBC “transitional zones” and “building type
standards and approval on the GDP).
• Use Changes:
• PD-R now allows, but does not require, neighborhood commercial uses, with up to
15% of the gross area of a development allowed
• Adult Day-Care Center and Bakery uses are now permitted by-right,
• Cemetery, Columbarium, Mausoleum uses permitted by Special Use.
Additional changes for Residential Use and Development
Standards/Definitions
for Planned Development / Downtown / Creative Maker Districts and Form-Based Code
• Single-Family Attached (townhouse) Design/Unit Flexibility & Choice
Changes to sections 72-41.0; 51.3, Standards, and 72-84, Definitions
• Multi-family and Single-Family Attached Unit Fractional Density Credit
Changes to section 72-82.5, Rules of Measurement for Bulk
• Environmental Protection
Changes to section 72-51.1, Standards
Single-Family Attached (townhouse) Design/Unit Flexibility & Choice
Changes to sections 72-41.0; 51.3, Standards, and 72-84, Definitions
• Provide design flexibility by allowing more than one single-family
dwelling on a lot in planned development districts.
• Provide design flexibility by not requiring strict conformance to lot
frontage, size, area, depth, etc. standards in planned development
districts.
• Add to definition of ‘Single-family Attached Dwelling’ to include the
vertical stacking of two units (‘two over two’ townhouses).
Examples of Two Units Stacked
Multi-family and Single-Family Attached Unit
Fractional Density Credit
Changes to section 72-82.5, Rules of Measurement for Bulk
• Establish density credit for: Unit count
• Multi-family efficiency units (less than 600 sq ft) 1/2 of a dwelling unit
• Multi-family one-bed room units (600 to 899 sq ft) 2/3 unit
• Townhouse two-bedroom units (less than 1200 sq ft) 3/4 unit
Recognizes generally lower occupancy levels and lower costs of smaller units.
Applies to Planned Development (with not more than 25% of units allowed fractional
status nor base density exceeded by 150%), Commercial Downtown, and Creative
Maker Districts, as well as to Form-Based Code projects (residential projects in
commercial zoning districts).
Environmental Protection
Changes to section 72-51.1, Standards
• Add the 100-foot Chesapeake Bay Resource Protection buffer to the list of
constrained areas (floodplains, steep slopes, excavation areas, unbuildable soils)
where not more than 50% of the allowed density may be shifted to the balance of
the site.
• Three technical changes:
• include entire property for which 75% of allowed density may be shifted to the
balance of the site (currently 75% of density is not shifted when less than 15%
of a property is affected);
• change the term: one-hundred-year frequency to one percent annual chance
floodplain; and
• identify the Building Official as the party that determines if soils are
unbuildable.
Current sensitive areas with limits on use of density
Proposed to include entire property not just 15% or more of property
• Property with a 1% chance of flooding 377 acres 5.6% of city
Formerly known as the 100-year floodplain
• Steep slopes with grade in excess of 25%, 767 acres 11.4% of city
• Quarries/landfills, abandoned mines, or excavation areas,
10 acres 0.2% of city
• Soils determined to be unbuildable. TBD
To be determined by Building Official
Proposed additional sensitive area
• Property in Chesapeake Bay Resource Protection Area (RPA)
173 acres 2.6% of city
Environmentally
Sensitive
Areas
Process Timeline
• City Council initiated these proposed amendments on May 9 with an
effective date of June 13. The amendments were advertised for
Planning Commission public hearing on June 14.
• Per Virginia Code, the Planning Commission has 100 days from the
June 13 public hearing to make a recommendation to City Council
(September 13 Commission meeting).
Permitted Density Built Density With Fractional Density
Credit2
Zoning Units Built Units Average Units Built Units with Units
District Per calculated Size per proposed per
Acre under current (sq ft) Acre fractional density Acre
regulations credit
Hanover House Commercial 36 Total: 22 501 Total: 16.5 37
(Apartments) Downtown - on Eff: 3 459 Eff: net 1.5
100 Hanover Mixed Use .45 One-bed: 13 738 One-bed: net 9.0
St. w/in Historic ac. Two-bed: 6 1,038 Two-bed: 6.0
District
Cobblestone Commercial 24 Total: 314 16 Total 269 14
(Apartments) Downtown – on Eff: 0 N/A Eff: 0
627 Multifamily 19.61 One-bed: 118 628 One-bed: 78
Cobblestone ac. Two-bed: 172 1,023 Two-bed: 167
Cir. Three-bed: 24 Three-bed: 24
Winchester Commercial 24 Total: 34 24 Total 29 20
Place Downtown - on Eff: 4 546 Eff: 2
(Apartments) Multifamily 1.42 One-bed: 8 861 One-bed: 5
606 Amelia St. ac. Large 1-bed: 14 933 Large 1-bed: 14
Two-bed: 8 1,176 Two-bed: 8
Silver Planned 24 Total: 369 24 Total 338 22
Collection Development on Eff: 0 N/A Eff: 0
(Apartments) - Commercial 15.6 One-bed: 189 784 One-bed3: 158
1201 Ashford ac. Two-bed: 162 1,109 Two-bed: 162
Cir. Three-bed: 18 1,526 Three-bed: 18
Highlander Commercial 12 Total: 90 2,244 11 Total: 90 11
Park Downtown – on * No units under
(Townhomes) Single-Family 8 ac. 1,200 sq. ft.
251 Willis St. Attached
Fredericksburg Planned 16 Total: 204 1,758 15 Total: 204 15
Park Development on * No units under
(Townhomes) – Mixed Use 13.8 1,200 sq. ft.
1203 Rampart ac.
Dr.
1 - Special Exception granted in 2018 for 50 units per acre, with mandate for 4 units reserved for households
earning 50% AMI and rented at the HUD HOME Low Rent Limit.
2 – Proposal for Multifamily dwelling under 600 sq. ft. to be counted as 1/2 dwelling unit, multi-family
dwellings between 600 and 899 sq. ft. to be counted as 2/3 dwelling unit, and a single-family attached
dwelling under 1,200 sq. ft. to be as ¾ dwelling unit in Planned Development, Commercial Downtown,
Creative Maker Districts, or where form-based code standards are applied.
3 – In Planned Development Districts, no more than 25% of the total units will be granted fractional status in
each of the fractional categories. The Silver Collection project has 41% one-bed units, thus only a partial
amount are granted fractional status.
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