Planning Commission

PLANNING COMMISSION MINUTES September 13, 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.regionalwebtvcom.filesusr.com/html/2c630b_52690fe286848cd4501315f061e711d7.html? wchannelid=2aucum61zm&wmediaid=81iee4xmlo 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 Adam Lynch, Vice-Chairman Mike Craig, Principal Planner Mary-Margaret Marshall, Secretary Bill Freehling, Director of Economic Development Susanna Finn Caroline Hieber, Administrative Assistant Kenneth Gantt Chris Hornung (absent) Tom O’Toole (absent) 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/fredpc, or Facebook live at www.facebook.com/FXBGgov. 2. PLEDGE OF ALLEGIANCE 3. DETERMINATION OF A QUORUM There were five members in attendance of the meeting at the call to order. 4. APPROVAL OF AGENDA [00:02:42] There were no changes to the agenda. Mr. Gantt moved to approve the agenda, Mr. Lynch seconded. Motion passed 5-0. 5. DISCUSSION OF POTENTIAL POLICIES, ORDINANCES, OR APPLICATIONS A. Updated Economic Development Strategic Plan – Bill Freehling, Economic & Tourism Director [00:03:14] Mr. Freehling presented the updated Economic Development Strategic Plan to the Commission, last adapted in 2016. The Economic Development Authority and City Council approved the plan. Mr. Freehling described the ten-point goals listed in the plan. Mr. Lynch thanked Mr. Freehling and stated that the City should prioritize affordable housing to avoid pushing the workforce out to suburban areas. Mr. Freehling responded that the Economic Development Authority expressed an interest in investing a greater opportunity for affordable housing in the City.  2 Ms. Finn asked how the plan addressed the industrial zoning districts in the city. Mr. Freehling stated that the industrial areas are not a major component in the Strategic Plan, but elements could fit into the sections regarding small businesses. Mr. Freehling stated that Fredericksburg lacks industrial site product as there is not a lot of land available for such use. He said he had previously included what is now the Downtown Greens property in the industrial park as a viable option for development, but the site’s wetlands made it undesirable for development. Chairman Durham invited Mr. Johnston to speak on the announcement from the City regarding the new Enterprise Permitting and Licensing electronic permitting process. Mr. Johnston stated that the Community Planning and Building Department is releasing, at the end of October, a new online permit tracking system. Customers will have the ability to apply for permits and plans online and view comments and the review process online. The City staff was tasked with assembling the complex website, which has been a challenging project. The current tracking system software is roughly 40 years old and is at risk for program failure. He said this updated system should make the application process smoother and more predictable for property owners and developers. Chairman Durham stated that the Strategic Plan should consider the implications of electric charging stations, with the opportunity to attract customers traveling from Washington DC. He stated that he appreciated Strategic Plan Goals, because they acknowledge redevelopment rather than development of vacant property, which is limited. B. Public hearing at October 11 PC meeting for Zoning Map Amendment from R4 to Commercial-Transitional (CT) and Special Use Permit for alcohol sales. The project encompasses three parcels associated with 1515 Olde William Street proposed as the site of a tap room / dog park: ‘Barking Barley’. The western portion of the properties is currently zoning CT. Mr. Johnston stated that the Planning Commission will discuss the Barking Barley project on October 11, 2023 and provided a detailed description of the existing conditions and the proposed changes. Members of the College Heights Neighborhood Association are aware of the application. C. Discussion on October 11 of Area 10 Small Area Plan, South Lafayette Boulevard/ South Rt 1. The Area 10 Small Plan Draft will be finalized soon for the Planning Commission’s consideration. The draft includes a recommendation of rezoning from Residential-4 to Residential-2 in some neighborhoods and some commercial mixed- used rezoning. D. Discussion on October 11 of the FY23 Annual Land Use Report and potential FY24 Capital Improvement Plan recommendations. The CIP is meeting on September 15, 2024 on the fourth floor of 601 Caroline Street at 2:00 pm. E. Open house to kick-off the community conversation for the Area 5 Small Area Plan, UMW/Central Rt 1, on September 20, Wednesday, 5:30 – 7:30, at the Cedric Rucker University Center, 1701 College Avenue, in the Chandler Ball Room. Mr. Johnston invited the public to attend the Open house kick-off. This will begin with a brief presentation on the area then the attendees are encouraged to share their ideas by interacting with the Boards placed throughout the room. 6. DECLARATION OF CONFLICTS OF INTEREST OR DISCLOSURES OF CONTACT [00:29:42] Adam Lynch stated that he will recuse himself from item 8.A. due to a conflict of interest as a representative of his employer the Friends of the Rappahannock, a supporter of Downtown Greens. He stated that as a River Steward, he  3 co-wrote a successful grant to the VOF to support the creation of a conservation easement and coordinated the planting of eight hundred trees at the property. Due to his ongoing involvement, he does not believe his participation is appropriate. He stated that he would like to make a public apology. He explained that he previously sent a personal email that included his automatic Planning Commissioner signature. He stated that it was unintentional and he did not send that message with the implication that he was speaking on behalf of the Commission, the staff, or the City. He stated that he enacted preventative precautions by creating a separate email address for Planning Commissioner use only and encouraged everyone else to do the same. 7. OLD BUSINESS None. 8. PUBLIC HEARING – New [00:35:25] A. Comprehensive Plan Amendment: Land Use Planning Area 9 – The City of Fredericksburg proposes to amend the City Comprehensive for Small Area 9, Braehead/National Park, to change the designation of the property at 1360 Bellman Road, GPIN 7778-97-6600, on the Future Land Use Map from “General Industrial” to “Preservation.” (Attachment 1 & 2) Mr. Thompson provided a detailed report on the Comprehensive Plan Amendment: Land Use Planning for Area 9 and recommended approval. If approved, the amendment would return to the City Council for a Public Hearing and potential adoption on October 10, 2023. Mr. Johnston noted that Area 9 is not scheduled to start a Small Area Plan review until 2025. However, in order to meet an Easement Grant deadline, the applicant needs to move forward now. Half the property is unusable for urban development. Downtown Greens intend to use the land for educational programs on environmental and agricultural issues, which is tied to the City goals to promote agritourism and sustainability. Ms. Finn inquired if this was a new or ongoing request. Mr. Johnston confirmed this is the applicant’s first formal request. The applicant became aware of the rezoning requirements during the process of placing an open space easement on the property and reached out to City Staff for assistance. Ms. Finn asked what establishes the tree canopy as an environmentally sensitive and undevelopable area. Mr. Thompson stated that the land is not deemed completely undevelopable, but it has mature woodlands that are worthy of preservation. Ms. Finn asked if the Comprehensive Plan Land Use designation can apply to part of a parcel or does the rezoning need to apply to only part of the parcel. Mr. Johnston said the grant requires the open space designation of the entire parcel. Ms. Finn asked if the current zoning designation allows for the educational program that they are proposing. Mr. Craig stated that Special Use Permits allow agritourism in the Industrial-1 Zoning District. Ms. Finn asked when the industrial designation was first applied to this property. Mr. Craig referred to previous zoning maps and stated that the 1969 Zoning Map the property changed from Residential-2 to Industrial at some point in the 1970’s. Chairman Durham noted the property owner history of the property and that the property was never used for industrial production.  4 Ms. Finn referred to Mr. Freehling’s previous statement regarding the 0% industrial vacancy rate, which indicates that there is a demand for industrial use to be included in the economic development plan. She hoped that the Area Plan in three years will include a full detailed assessment of the industrial use in the City of Fredericksburg. She stated that due to the potential for industrial usability of this land, even a portion of it, she does not consider this entirely appropriate. Mr. Johnston said that he appreciated that perspective and said staff shared some of those concerns in the beginning as well. He spoke with a representative on its goals for the property that are not only preservation of land, but utilizing the space for an agricultural and environmental education. This includes the construction of an educational building on the developable portion of the land. Ms. Finn voiced support of the applicant’s mission statement and stated the City goal/objectives call for preserving environmentally sensitive land and to promoting businesses are conflicting here as well as the need to balance the small pool of potential industrial assets. Chairman Durham spoke on City Council’s vision for the use of this land. It previously denied a Special Use Permit for industrial use and the land has never used for industrial development. He stated that the property owner’s rights trump the city’s future land use determination established in the 1960’s that has never come to fruition. Commissioners discussed the language in the Comprehensive Plan and this amendment. Chairman Durham invited the public to speak on this application. Ms. Carrie Whitehead, 709 Weedon Street, spoke in support of the application. There were no written comments. Chairman Durham closed the public hearing. Mr. Gant moved, seconded by Ms. Marshall, that the Planning Commission recommend approval of the proposed Comprehensive Plan amendment requested by Downtown Greens to change the future land use designation of 1360 Belman Road, GPIN 7778-97-6600, within Planning Area 9 from Industrial Use to Preservation. The motion passed 3-1- 1 (Finn: no; Lynch: abstain). 9. GENERAL PUBLIC COMMENT None. 10. PLANNING COMMISSIONER COMMENTS A. Chairman Comments None B. Commissioner Comments None 11. PLANNING DIRECTOR COMMENTS [01:03:43] Mr. Johnston spoke on Mr. Craig’s considerable work on the FY22 Annual Land Use Report that was distributed to the Commission. He said there would a review and discussion of the Report at the next Commission meeting. He said the Community Development Planner reviewed that the Consolidated Annual Performance Evaluation (CAPER) report associated with the Community Development Block Grant at Council, at City Council stating that the Report now open for public comments with the public hearing process concluding at the next Council meeting. Downtown Greens Comprehensive Plan Amendment Bailey Thompson Planning Commission September 13, 2023 Parcel Details • GPIN: 7778-97-6600 • Acres: 56.1742 • Zoning: I2 General Industrial • Current Use: Agricultural • Current Future Land Use: General Industrial • Proposed Future Land Use: Preservation • 45% of Parcel within Wetland or Resource Management Area Comprehensive Plan Amendment Request • The Future Land Use Map currently designates the parcel as “Industrial” • Request is to change future land use designation to “Preservation” • Amendment to Comprehensive Plan is required for a Virginia Outdoors Foundation grant Sub-Planning Area 9A • Snip of current Future • Proposed Amendment Land Use Map Recommendation & Next Steps • Tonight: Hold Public Hearing with the Planning Commission • Recommendation: Recommend Approval to City Council • (If approved) Proposed amendment returns to City Council for public hearing and potential adoption on October 10th Questions? DOW NTOW N GR E E NS A T B ELMAN R OAD  H E A D L IN E S F R O M C H A R L E S S T R E E T W H A T ' S H A P P EN I N G A T T H E O RI G I N A L D O W N T O W N G REEN S SI T E Fr ee Fr idge a n d Pa n t r y Da ffodil H ill R ew ildin g Ga r den Spr ou t s Fresh food available 24/7 Removal of 113 invasive plants Fredericksburg Public School Stocked by community Planting of 184 natives Preschool Run by volunteer power! Amidst the daffodils Learning where food comes from C O M M U N IT Y -D R IV E N Financial Support from over 520 community members and businesses $ 1M illio n raised in 4 months. Th e a cqu is it ion is n ow 95% fu lly fu n ded N ew Yor k Ir on w eed Vernonia noveboracensis This native plant is abundant in the back field. C O N S E R V A T IO N E A S E M E N T WHAT IS AN EASEMEN T? A conservation easement is a voluntary, legal agreement that permanently limits uses of the land in order to protect its conservation values. WHY AN EASEMEN T? This land will be protected from development in PERPETUITY- or, forever and ever! WHAT IS THE PROCESS? • Imagine the needs of the land for the foreseeable future and beyond. Assemble Partners, Draft Site Plans • Draft the Contract in collaboration with VOF and a specialized attorney • Get approval from VOF B oard and Record the Easement (March 2023) • Receive State Tax Credits based on a percentage of the loss of value on the land. E A S E M E N T -B A S E D F U N D S GRANTS AWARDED! $ 150, 000 Virginia Outdoors Foundation Preservation Trust Fund FY22 Va Dept. of Conservation and $ 400, 000 Recreation Virginia Land Conservation Foundation Grant The above grants will be dispersed immediately after the recording of the conservation easement. VIRGIN IA TAX CREDITS $ 200, 000 Conservative estimate after selling tax credits  F IN A N C IA L R E P O R T CL O SED O N T H E P RO P ERT Y D ECEM B ER 2 0 2 1 $2.225M $800k $200+k $1.4M Pu r ch ase Pr ice Dow n Pa ym en t Debt Ser vice Loan f r om Seller R eser ve  F IN A N C IA L R E P O R T SO U RCE O F FU N D S T O REP A Y T H E L O A N $750,000 $700,000 $1.4M Gr a n t s a n d Com m u n it y Su ppor t Loa n fr om Seller Con ser va t ion Ea sem en t Ta x on ly $74,000 left t o Cr edit Sa les r a ise October 2022-Today V IS IO N Acces s ible Gr een Spa ce Woodland paths and trails through the wetlands open to the public for exploration. N a t u r e-B a s ed Lea r n in g Outdoor classroom and living research site for public, private and higher education institutes. Agr icu lt u r a l Tr a in in g Cen t er Technical training in all aspects of the agricultural industry for local youth 15-25. SUSTAIN ABLE REGEN ERATIVE A G R IC U L T U R A L T R A IN IN G C E N T E R Workforce Development Specialty Markets/Products B usiness/Marketing skills New Technologies Indoor/Vertical Growing Off-Campus Collaboration Internship Opportunities P H Y S IC A L FE ATUR E S This land is the traditional territory of the Patawomeck and Manoac peoples. • Forest - 30 Acres • Wetlands - 20 Acres • Perennial Stream - 1,200 ft. • Intermittent Stream - 800 ft. • USDA Prime Farmland - around 30 Acres calculated (23 currently in production) WILDLIFE PRESEN CE During a brief summer morning visit, the Central Rappahannock Master Naturalists identified • 19 species of trees • 28 understory species • 15 species of fungi • 25+ animal species 3 B irds identified are listed as Species of Gr ea t es t Con s er va t ion N eed by the Department of Wildlife Resources. P R O JE C T S W I T H P A R T N E R S • Fr ien ds of t h e R a ppa h a n n ock planting 2.5 acres, 810 fruit and nut trees as a riparian buffer on the edges of the streams. • Dovet ail Cu lt u r al Resou r ce Gr ou p Phase I Archeological Survey F IR S T O F F IC IA L YOUTH P R OGR A M! IN PARTN ERSHIP WITH FRIEN DS OF THE RAPPAHAN N OCK • Meaningful Watershed Educational Experiences (MWEE) • 80 James Monroe High Schoolers • Hands-on experiential learning about our watershed • Students given field-based opportunities to devise solutions to local watershed issues T IM E L IN E Au gu s t 2023: Easement Recorded with Virginia Outdoors Foundation Decem ber 2023: Mortgage B urning Party! Ja n u a r y-Decem ber 2024: Planning (Strategic Planning, Major Site Planning, Agricultural Area Planning) Ja n u a r y-Decem ber 2025: Program B uildout Spr in g 2025: Initial programming established. We are requesting that the City's Comprehensive Plan be amended so that the entirety of Downtown Greens' 56-acre property LEARN MORE is in conformance with an open space easement L E T 'S G O ! Ca ll or Em a il t o Sch edu le a t ou r or for m or e in for m a t ion : s a r a h .per r y@ dow n t ow n gr een s .or g 540-371-7315 or 540-429-6771