Planning Commission

PLANNING COMMISSION AGENDA Regular Meeting 2023 October 11 6:30 P.M. Council Chambers 715 Princess Anne Street (entrance on Hanover Street) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. DETERMINATION OF A QUORUM 4. APPROVAL OF AGENDA 5. DISCUSSION OF POTENTIAL POLICIES, ORDINANCES, OR APPLICATIONS A. Variance FY24-0001 – Emory and Elaine Farmer request a variance to Section 72-31.3 of the Zoning Ordinance to construct an addition on rear of the existing single-family detached dwelling at 1106 Winchester Street/GPIN 7779-95-8290. The request is to reduce the rear yard setback from 24 feet to 17 feet, for a reduction of 7 feet. The parcel is in the R-4 Residential Zoning District. The property owner is Ellen S. Jarrell Rev. Trust. Code of Virginia § 15.2-2310. Applications for special exceptions and variances. The zoning administrator shall … transmit a copy of the application to the local planning commission, which may send a recommendation to the board or appear as a party at the hearing. B. Discussion of Status of Land Use Annual Report and Planning Commission Transmittal Letter C. Update on Capital Improvements Committee’s Annual CIP Review 6. DECLARATION OF CONFLICTS OF INTEREST OR DISCLOSURES OF CONTACT 7. OLD BUSINESS 8. PUBLIC HEARING – New The Barking Barley, LLC proposes a restaurant with outdoor seating, dog play areas, and alcohol sales at 1515 Olde William Street (GPINs 7779-52-5325, 7779-52-4376, and 7779-53-5375). The project area is 0.444 acres and the property owner is Augustine Ave, LLC. This project requires two actions: A. Zoning Map Amendment (Rezoning) FY24-001 – A rezoning from R-4 Residential to C-T Commercial/Office-Transitional on a portion of 1515 Olde William Street (limited to GPINs 7779- 52-5325 and 7779-53-5375). The area requested for rezoning is 0.18 acres.  B. Special Use Permit (SUP) FY24-001 – A special use permit for alcohol sales on 1515 Olde William Street, 1517 Olde William Street, 0 Olde William Street (GPINs 7779-52-5325, 7779-52-4376, and 7779-52-5375). The SUP area is 0.444 acres. 9. GENERAL PUBLIC COMMENT A general public comment period is provided at each regular meeting for comments by citizens regarding any matter related to Commission business that is not listed on the agenda for Public Hearing. The Chair will request that speakers state their name, address and zip code; observe the five-minute time limit; and yield the floor when the Clerk indicates that their time has expired. No dialogue between speakers will be permitted. Citizens who wish to make general public comments without attending the meeting will be able to send their comments in writing by (1) delivering to the Community Planning and Building office located at 601 Caroline Street - 4th Floor, (2) U.S. Mail at PO Box 7447, Fredericksburg, VA 22404, or (3) email to planning@fredericksburgva.gov. Comments must be received by 2:30 p.m. the day of the meeting. Such comments will be read aloud during the public comment portion of the Commission meeting. In written public comments, the writer must identify themselves by name and address, including zip code, and limit the remarks to three minutes, when read aloud. There will be a total 40-minute cap for all written comments read aloud. Public comments submitted during the meeting, through the Facebook Live streaming video, will not be considered part of the official public comments of the meeting. 10. ADOPTION OF MINUTES A. 2021 January 27 (Work Session) B. 2022 February 9 C. 2022 March 9 D. 2022 March 23 E. 2022 April 13 11. PLANNING COMMISSIONER COMMENTS A. Chairman Comments B. Commissioner Comments 12. PLANNING DIRECTOR COMMENTS A. Board/Commission Appreciation Event – Thursday December 14, 6:30, Fred Nats Stadium 13. ELECTION OF OFFICERS PLANNING COMMISSION BY-LAWS; ARTICLE 3 – OFFICER ELECTIONS 3-1 A Chairman, Vice-Chairman, and Secretary shall be elected during the first regular meeting in October of each year. 3-1-1 Each candidate for office shall be nominated individually by a member and seconded by another member of the Commission. 3-1-2 Each nominee for an office of the Commission shall be voted on individually. A nominee receiving a majority vote of the members present shall be declared elected and shall take office immediately upon the conclusion of the regular meeting and serve for one year or until his/her successor shall take office. A. Election of Chairman  B. Election of Vice-Chairman C. Election of Secretary 14. ADJOURNMENT Rezoning and Special Use Permit for The Barking Barley Overview • Issue • Shall the Planning Commission recommend to City Council approval of the proposed rezoning of 0.18 acres from the R-4 Residential District to Commercial/Office- Transitional District (C-T)? • Shall the Planning Commission recommend to City Council approval of a Special Use Permit (SUP) for the sale of alcoholic beverages for the Barking Barley? • Recommendation • Approval of the Rezoning • Approval with conditions of the SUP Background • Proposed use is restaurant with outdoor seating and a dog play area o Other site improvements include sidewalk and landscaping • Project Area includes 3 parcels (0.444 acres feet total): o GPIN 7779-52-4356 (1517 Olde William Street) o GPIN 7779-52-5325 (1515 Olde William Street) o GPIN 7779-52-5375 (no address # on Olde William Street) • C-T rezoning requested for portion of 2 lots split zoned C-T/R-4 • SUP for entire project area • Previously used for Ground Keepers of Olde Town Fredericksburg (closed 2022) Location General Development Plan Harmony with Comprehensive Plan • Comprehensive Planning Area 5 (University/Route 1), sub-planning area 5B opportunities: o Protect established residential neighborhoods from existing and proposed commercial development, through transitional uses and design standards that minimize adverse impacts. o Promote mixed-use development along the U.S. Route 1 Bypass and William Street corridors. o Sub-planning 5B states there is the potential for a mix of commercial and residential uses in this area • Small Area Plan is underway for Area 5, which will set a vision for the future land use and improvements in the area • Proposal is for a transitional use with improvements to minimize impacts to nearby neighborhood Harmony with Zoning District • Project split zoned C-T & R-4 • Restaurant allowed by-right in C-T • SUP needed for alcohol sales in C-T o Use must be compatible, transitional use: proposed conditions on hours of operation and landscaping to protect adjacent uses • Existing C-T/R-4 boundary line aligns with Dominion Energy transmission lines • Transmission lines prohibit most structures, limiting intensity of use • Area under the transmission lines was used for display area for garden center • Rezoning request would bring properties into compliance with its existing character Harmony with Neighbors • North/East lots vacant oStream and transmission lines limit future development • Vet and dog boarding to west (canine nexus) • To south is city ROW Special Use Permit Considerations • Traffic or parking congestion • No existing off-street parking (driveway only) • 1 parking space required • 1st 1,500 sqft of building not required to provide parking (building 1,600 sqft) • Restaurant parking required to provide 1 space per 180 sqft • 4 spaces to be provided on-street along project frontage • Sidewalk to be constructed along project frontage and connecting to William Street • Movable planters to be placed on driveway for safe pedestrian access to door, while maintaining emergency vehicle access. Special Use Permit Considerations • Noise o Hours of operation limited to Wednesday-Sunday, 12PM to 10PM o Condition further limits outdoor use to 9PM o Topography and existing trees act as sound barrier  Overall elevation increases 10 feet over the span of 50 feet on the project site  The power line easement is 150-foot-wide, with the elevation increasing 25 feet across the easement  Existing trees on ridge and to west of building to remain • String lights proposed for outdoor area • Refuse to be located behind building in roll off cans Special Use Permit Considerations Natural environment / Landscaping • 12.5 foot landscape buffer required along district boundary o Help block noise/sight from adjacent residents • Final buffer design to be determined during the site plan because Dominion Energy approval needed under transmission lines o Dominion has stated that fencing generally permitted o Dominion has brochures to help with landscape selection under transmission lines • Recommended Landscape Buffer Condition: o A landscape buffer is required to provide a continuous visual barrier, with features such as evergreen trees and opaque fencing, designed to maximize buffer requirements along the Commercial/Residential Zoning District boundary to the extent permitted in accordance with the terms of the existing Dominion Energy utility easement. • No impact proposed to the existing stream or trees • Street trees to be planted Special Use Permit Considerations • Provides a walking and tourist destination • Adaptive reuse of a vacant warehouse building dating to 1939 • No additions or changes to the existing building mass are proposed • Proposed sidewalk only additional impervious surface • No impact on schools, not adding/removing any housing • Noise impacts and parking needs are mitigated with the landscape buffer, hours of operation, and sidewalks Conclusion & Staff Recommendation • Recommend approval of the proposed rezoning of 0.18 acres from R-4 to C-T. • Recommend approval of the SUP for the sale of alcoholic beverages, subject to the following conditions: Conditions 1. The Property will be developed and maintained substantially in conformance with the Generalized Development Plan submitted on October 10, 2023. 2. A landscape buffer is required to provide a continuous visual barrier, with features such as evergreen trees and opaque fencing, designed to maximize buffer requirements along the Commercial/Residential Zoning District boundary to the extent permitted in accordance with the terms of the existing Dominion Energy utility easement. 3. Hours of operation for the use are to be as proposed by the applicant, 12:00 PM to 10:00 PM, Wednesday through Sunday. The outdoor area of the restaurant shall not operate after 9:00 PM. Questions? Good Evening. My name is Sue Sargeant. I live at 1318 William Street. 22401. I am speaking tonight as the President of the College Heights Civic Association regarding the Barking Barley Special Use Permit. We appreciate the information provided by the applicants, Travis Stoner and Dan Craddock, for this dog-friendly Tap Room that is within walking distance of our College Heights neighborhood. We’re glad that the applicants are not proposing to remove any existing trees. There is a proposed landscape buffer with a perimeter border of 6 foot board fence and green screen to help block the noise and sight of Barking Barley from the adjacent residential neighbors up on the Rappahannock Avenue ridge looking over it. However, College Heights neighbors remain concerned about the noise that will generate from the outdoor ‘play space’ for dogs because of the particular acoustics that carry noise. Another site improvement is Landscaping with native trees near the new sidewalk on Olde William Street so we neighbors as well as tourists can walk to Barking Barley. The limited hours of operation are also appreciated: 12:00 Noon to 10:00 PM, Wednesday through Sunday. AND - The outdoor area of the restaurant shall not operate after 9:00 PM. But again, neighbors remain concerned about the noise from the ‘play space’ for dogs. College Heights Civic Association Board of Directors has a few remaining questions based on hearing from a variety of residents in the neighborhood: We are interested in hearing more about the Customer-Dog Membership mentioned in the applicants’ narrative. We learned that the dog play space is not really a park. But use of the ‘Play Space’ requires customers to check in before use and maintain a membership to ensure their dogs are kept current on vet records. We researched dog-friendly bars in other states, including Barkhaus in Alexandria and Lazy Dog in Fairfax for how they welcome dogs to their ‘play space’ or ‘dog park’. Virginia is the only state that has both law and regulation regarding dog ‘play space area/park’ at dog-friendly bars. We have 10 questions. Question 1: Does this Membership Sign Off Agreement mean that dogs will have vaccinations up to date on Parvo, Rabies, Bordetta, and Canine Distemper? Question 2: Will the Membership agreement with the customer state that dogs must be at least 4 months old, and that those with contagious health conditions are not permitted in the ‘play space’ area and that they must be flea/tick free? Question 3: Will the agreement say ‘no dogs in heat. All dogs over 8 months of age must be spayed or neutered’? Question 4: Will the dog owners be required to remain on site, and agree to and sign a Barking Barley liability waiver? In regards to the physical site specifications of the dog ‘play space’ area: We are pleased to hear that there will be a 2-step entrance into the ‘play space’ area which will help with the care and safety of the dogs. That condition is one of the American Kennel Club’s standards for ‘community dog parks’. Question 5: Are the dogs playing on asphalt? And do the applicants have plans to partially ‘turf’ it with faux grass to make it easier for the dogs in summer heat? For care and safety of dogs, children, adults in the outdoor ‘play space’ area for dogs: Question 6: Will the outdoor section area be Smoke-Free? Question 7: Will capacity inside the fenced area be limited? Question 8: Who polices the dogs and owners: What is the means for picking up dog messes? Who ensures the ‘dog play space’ area is kept free of animal waste and that it is immediately cleaned and sanitized. Will there be a ‘kit’ with appropriate materials for cleaning and sanitizing near the designated outdoor area? Is there a requirement of the dog owner to notify employees if the dog deposits any body fluid? Question 9: Will the applicants require the removal of disruptive pet dogs? Who is responsible for the rowdy dog? Who Breaks up the fights? Will the applicants post a prominent READILY OBSERVABLE sign that dogs will be kept under the control of ADULTS, not children, at all times. And will it list the Virginia law and regulations? Question 10: Re: Health standards for food and drink: Will there be a requirement and notice to customers that employees are prohibited from touching, petting or otherwise handling dogs? No dog sits on chairs, benches, seats, or tables? Will food and water provided to dogs be served using equipment not used for human food service or through single-use receptacles? Or come from the dog’s owner? Thank you again to the applicants for the thought that went into their Barking Barley Special Use Permit. We remain concerned about the noise from dogs. College Heights Civic Association also appreciates the work of city staff, especially Kelly Machen, Mike Craig in Zoning and Chuck Johnston in Planning. From: Darrell Dila To: Planning Subject: [EXTERNAL] Advocate for barking barley Date: Wednesday, October 11, 2023 3:26:05 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. To whom this may concern, With the population density of Fredericksburg growing, I firmly believe that Barking Barley will add great value to our growing community. As an individual who has pets and enjoys entertainment on the weekends, I am a large proponent of the idea of having a place where dogs and individuals can socialize over a beer and some food. I firmly believe that this business will bring the community closer together. I implore you to entertain this business idea as I believe it will bring great value to a great city Home address: 2322 champions way Fredericksburg, VA 22048 Sincerely, Dr. Darrell Dila, PT, DPT Director of Fusion Rehab and Wellness South Stafford Partner In Fusion Rehab and Wellness Caroline From: D. D. Lecky To: Planning Subject: [EXTERNAL] Comment for October 11th Meeting: Re Barking Barley Date: Wednesday, October 11, 2023 10:24:04 AM 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. Dolores Lecky 1205 Charles St, Fredericksburg, VA 22401 I’m writing tonight in favor of the SUP and rezoning requests submitted by Barking Barley. In reference to the rezoning request, the current zoning map bisects one of three lots associated with this facility creating a lot that is partially R4 and partially CT. I think correcting the zoning to allow the entirely of this lot be CT is appropriate and simplifies the property designation as commercial. This lot has been used as a commercial lot for decades without this zoning issue being corrected. I am also in favor of the SUP allowing for the consumption of alcohol on this site. I have spoken with the business owners and I am delighted by their plans for a dog friendly beer garden. They are taking measures like a 6 foot wooden fencing, tree screening, and closing the yard at 9pm to reduce noise impacts on the neighborhood that is adjacent to the property. This property has sat vacant for a while and I think the adaptive reuse of this property should be welcomed. Thank you for your time. Dolores Lecky From: May Ortiz To: Planning Subject: [EXTERNAL] Fwd: The Barking Barley, LLC Date: Wednesday, October 11, 2023 2:38:01 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. May Seide Ortiz 313 Altoona Drive Fredericksburg, VA 22401 Mayseideortiz@gmail.com 703-507-4543 10/11/2023 Fredericksburg Planning Commission 601 Caroline Street Suite 400 Fredericksburg, Virginia Dear Members of the Fredericksburg Planning Commission, I am writing to express my support for The Barking Barley, LLC. I believe that The Barking Barley would be a very valuable addition to our community. This unique establishment promises to offer a delightful combination of outdoor dining, dog play areas, and alcohol sales, all of which have the potential to greatly benefit our city. First and foremost, The Barking Barley will add a new dimension to our local dining and socializing scene. With its outdoor seating area, residents and visitors will have the opportunity to enjoy the beautiful Fredericksburg weather while enjoying delicious food and drinks. The presence of an outdoor dining space will create a vibrant and welcoming atmosphere that encourages social interaction and community engagement. Moreover, the addition of dog play areas is a brilliant idea as it recognizes the strong bond many residents have with their pets. This will not only be a place for people to dine but also for dogs and their owners to come together, fostering a sense of unity within our community. As a fellow dog owner, I know how frustrating it can be to find a place that I can relax, eat and bring my furry friend along with me so when I learned about The Barking Barley, I was thrilled! The economic benefits to the city of Fredericksburg cannot be overlooked. The presence of The Barking Barley, LLC would generate revenue for our city through job creation, increased tourism, and local spending. It also has the potential to attract visitors from neighboring areas. Additionally, the business will contribute to the overall beautification of the city's public spaces. The well-designed outdoor seating area and dog play areas will help make our city more attractive and functional, potentially encouraging other businesses to invest in the area as well. In conclusion, I wholeheartedly support The Barking Barley, LLC and believe that it will be a valuable asset to our community. This establishment has the potential to strengthen community bonds, promote economic growth, and enhance the overall quality of life for residents and visitors alike. I kindly request that you consider approving this proposal, taking into account the numerous benefits it brings to our beautiful and historic city. Thank you for your time and consideration. Sincerely, May Seide Ortiz  PLANNING COMMISSION NOTICE OF PUBLIC HEARING October 11, 2023 6:30 P.M. The Planning Commission of the City of Fredericksburg will hold an in-person public hearing at 6:30 p.m. on October 11, 2023 in the City Hall Council Chambers, 715 Princess Anne Street, Fredericksburg, Virginia, at which time interested persons may attend and present their views on the following applications: - The Barking Barley, LLC proposes a restaurant with outdoor seating, dog play areas, and alcohol sales at 1515 Olde William Street (GPINs 7779-52-5325, 7779-52-4376, and 7779-53-5375). The project area is 0.444 acres and the property owner is Augustine Ave, LLC. This project requires two actions by the Planning Commission: • Zoning Map Amendment (Rezoning) FY24-001 – A rezoning from R-4 Residential to C-T Commercial/Office-Transitional on a portion of 1515 Olde William Street (limited to GPINs 7779- 52-5325 and 7779-53-5375). The area requested for rezoning is 0.18 aces. • Special Use Permit (SUP) FY24-001 – A special use permit for alcohol sales on 1515 Olde William Street 1515 Olde William Street (GPINs 7779-52-5325, 7779-52-4376, and 7779-53-5375). The SUP area is 0.444 acres. Information pertinent to the applications may be examined online on the City’s website at https://www.fredericksburgva.gov/1098/Public-Notices, or by request for a mailed copy. Contact 540- 372-1179 to request a mailed copy. Additional information will be available on the City website, by close of business on October 6, 2023. Please check the Public Information page https://www.fredericksburgva.gov/AgendaCenter. Any written comments submitted on a hearing item, must include the name and address, including zip code, of the commenter, be limited to 5 minutes or less read aloud, and shall be submitted in one of the following ways: (1) email to Planning@FredericksburgVA.gov. (2) U.S. Mail (PO Box 7447, Fredericksburg, VA 22404) or 601 Caroline Street Suite 400, or (3) delivering to the Community Planning and Building office located at 601 Caroline Street - 4th Floor Comments received before 1:30 p.m. on the day of the meeting will be read into the record at the Planning Commission meeting. Persons requiring accommodations to facilitate participation at the public hearing are encouraged to contact the Planning Services Division at least five (5) days before the meeting. For questions, please contact Taylor Owen, Administrative Specialist, 540-372-1179. David Durham Planning Commission Chair