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City Council

Regular Meeting

Harrisonburg, VA · February 14, 2023

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409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Minutes - Final City Council Tuesday, February 14, 2023 7:00 PM Council Chambers 1. Roll Call Present: 5- Mayor Deanna R. Reed, Vice-Mayor Laura Dent, Council Member Christopher B. Jones, Council Member Dany Fleming and Council Member Monica Robinson Also Present: 6- City Manager Ande Banks, City Attorney Chris Brown, City Clerk Pam Ulmer, Police Chief Kelley Warner, Chief Matthew Tobia and Acting Deputy City Manager Amy Snider 2. Invocation Mayor Reed offered the invocation 3. Pledge of Allegiance Mayor Reed led the Pledge of Allegiance 4. Consent Agenda (any item placed on the consent agenda shall be removed and taken up as a separate matter, if so requested by any member of Council, otherwise all items will be voted on with one (1) motion) A motion was made by Vice-Mayor Dent, seconded by Council Member Fleming, to approved the consent agenda. The motion carried with a roll call vote as follows: Yes: 5- Mayor Reed, Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 4.a. Minutes from the January 24, 2023 City Council meeting. These minutes were approved on the consent agenda 4.b. Consider a supplemental appropriation in the amount of $2.3 million for the General Capital Projects Fund This supplemental appropriation was approved on second reading. 4.c. Consider amending and re-enacting Section 4-2-124, Section 4-2-23 and Section 4-25 of the City Code of Harrisonburg, in regard to personal property and real estate tax relief This ordinance amendment was approved on second reading. 4.d. Consider approving an amendment and re-enactment of Section 4-2-14, General City of Harrisonburg Page 1 Printed on 3/27/2023 City Council Meeting Minutes - Final February 14, 2023 retail sales tax, of the Harrisonburg City Code This ordinance amendment was approved on second reading. 5. Public Hearings 5.a. Consider a request from Thomas W. Rogers and Allison G. Kauffman for a special use permit to allow short-term rental at 71 Broad Street Matt Tobia, chief, Harrisonburg Fire Department, reviewed safety protocol for the very crowded meeting. Mayor Reed reviewed the process for public comments and asked everyone to be polite and courteous. Adam Fletcher, director of Community Development, presented a special use permit for a short term rental of a downstairs unsubdivided duplex, located at 71 Broad Street. He reviewed the surrounding zoning districts, long term plans for the area of the city, the property and the parking requirements. He stated staff and PC (5-0) recommend denial of this request. He stated if Council chooses to approve this request it be approved with the following conditions: a. All STR accommodations shall only be permitted within the lower-level dwelling unit of the existing principal structure. b. No more than three STR guest rooms or accommodation space. c. The number of STR guests at one time shall be limited to six. d. Minimum off-street parking spaces do not need to be delineated. The STRE shall limit the amount of visitor cars to two per visit. e. Submit a completed Short-Term Rental Pre-Operation Form and maintain compliance with the items identified in the form. f. If in the opinion of Planning Commission or City Council, the use becomes a nuisance, the SUP can be recalled for further review, where additional conditions, restrictions, or the revocation of the permit could occur. At 7:15 p.m., Mayor Reed closed the regular session and called the first public hearing to order. A notice appeared in the Daily News-Record on Monday, January 30, 2023, and Monday, February 6, 2023. Allison Kauffman, co applicant and co-owner, stated they have been following short-term rental requests, in particular the two that involved duplexes, and understands the difficulty to strike a balance between preserving long -term rental spaces and encouraging tourism, entrepreneurship, and other good results of supporting STRs. She stated they believe that renting out the extra unit as a STR would have far more of a positive impact than a negative impact. She reviewed details of the STR and the reasons they think this should be approved. Panayotis “Poti” Giannakouros, spoke on how Planning Commission believes STRs City of Harrisonburg Page 2 Printed on 3/27/2023 City Council Meeting Minutes - Final February 14, 2023 drive out rental units from the city, his research on how that is not true, and his thoughts on how Planning Commission’s views on STRs are skewed. At 7:25 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Council Member Jones asked if the owner will not be present during the STR. Mr. Fletcher stated the owner resides in the upper residence and per regulations, the owner doesn't have to be present during the rental operation. Council Member Jones stated he is in favor of these requests, we have not had any STRs repealed, neighbors and neighborhoods have done a great job policing themselves, and he finds it hard to digest that Council would subscribe to an ideology that is against entrepreneurship and helping people rebound by bringing in revenue for their households. Mayor Reed stated this one is a bit different and that is why these are reviewed on a case by case basis. She stated this property is located more in a business area, and she stated she feels it fits well. Council Member Fleming stated our housing problem isn’t exasperated by pulling a single unit off the market, he likes to see people have the opportunity to be entrepreneurs, strengthen their finances as they can, it strengthens our city, and they should have the right to do that. He stated if we start getting a flood of these then different decisions may be made. Vice Mayor Dent stated the consistency on how the STR’s for duplexes are viewed, she agrees with this being viewed as a unit being taken off the market. She stated we are reviewing these on a case-by-case basis, but she is thinking in the longer term, in the course of the zoning ordinance rewrite, we are intending to bring in more mechanisms to bring in higher density units such as accessory dwelling units, more density by right, etc. She stated she is nervous about the precedent we set now. Council Member Robinson stated she agrees with Council Member Dent, she stated she isn’t comfortable deciding on a case-by-case basis, she would like to have more concrete rules and strict guidelines to go by, she is uncomfortable with there not being a cap on STRs. Mayor Reed stated that is why we have the ability to repeal any of the STRs, we can pull the permit at any time, which hasn’t had to be done yet. Vice Mayor Dent stated she appreciates the call for consistency and that is why she supports staff’s recommendation to change language to dwelling in a future ordinance amendment request. Further discussion took place as to how many have been approved in the city, how they have benefitted residents in the city and how the homes are being better City of Harrisonburg Page 3 Printed on 3/27/2023 City Council Meeting Minutes - Final February 14, 2023 maintained. A motion was made by Council Member Jones, seconded by Council Member Fleming, that this request be approved as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 3- Mayor Reed, Council Member Jones and Council Member Fleming No: 2- Vice-Mayor Dent and Council Member Robinson 5.b. Consider a request from the City of Harrisonburg for a special use permit to allow public uses which deviate from the requirements of the Zoning Ordinance at 1111 N Main St Adam Fletcher, director of Community Development, presented a special use permit for property located at 1111 N. Main Street to allow a public use to deviate from the zoning ordinance for parking at the low barrier shelter. He reviewed the property, the surrounding zoning designations, the surrounding properties, and the parking requirements. He stated staff and Planning Commission (5-0) recommended approval of this request with the following condition: The special use permit shall be applicable only to a homeless shelter and support services facility. The minimum off-street parking required for the homes shelter and support services facility use is 29 spaces. Any future expansion to provide more beds shall comply with the ration of 1 space per 7.5 guests. Any future expansion of the support services or for any new uses that might operate on the site shall comply with the Zoning Ordinance’s off-street parking requirements, unless another special use permit to deviate from the minimum number of parking requirements is approved. At 7:44 p.m., Mayor Reed closed the regular session and called the second public hearing to order. A notice appeared in the Daily News-Record on Monday, January 30, 2023 and Monday, February 6, 2023. Amy Snider, acting deputy city manager, stated she is project lead on the Homeless Services Center project, stated the project team fully supports the recommended conditions and would be happy to answer any questions. Panayotis “Poti” Giannakouros, stated because of the nature of public input processes he hasn’t had a chance to weigh in, but he would have provided other solutions to the problem with the unhoused community. He doesn ’t think we should be getting rid of any more forest in the city, instead of talking about parking he would like to see camping pads in the forest of this property. He spoke on how the unhoused would feel in the shelters and we should be making informed and wise decisions not based on political pressure or peer pressure, but on good sound analysis. City of Harrisonburg Page 4 Printed on 3/27/2023 City Council Meeting Minutes - Final February 14, 2023 At 7:49 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Council Member Fleming stated he was present for the architects’ presentation and he was impressed and he feels good about what is being planned. He stated he agrees to solve our unhoused problem we need to step up the permanent supportive housing, but this is something needed and we are moving in the right direction. Vice Mayor Dent stated she understands the reduced need for parking as most of the unhoused don’t have cars, and she likes that it is built into this request that if expansion is needed it doesn’t have to be reapproved. A motion was made by Vice-Mayor Dent, seconded by Council Member Robinson, that this request be approved as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 5.c. Consider a request from the Harrisonburg Redevelopment and Housing Authority (HRHA) to amend the R-7, Medium Density Mixed Residential Planned Community District regulations Thanh Dang, assistant director of Community Development, presented a zoning ordinance amendment for the R-7 District regulations. She reviewed what an R-7 Development is, what are manufactured homes, and the proposed ordinance amendments as follows: 1. Sec. 10-3-57.3. Uses Permitted by Right. To increase the by right number of allowed dwelling units within a multiple-family building from 16 to 64; 2. Sec. 10-3-57.6(c). To increase the maximum percentage of multiple-family units allowed in an R-7 development from 30 percent to 50 percent. 3. Sec. 10-3-57.3. Uses Permitted by Right. To add manufactured homes as a use permitted by right, provided that the manufactured homes are (1) attached to a permanent foundation, (ii) titled as real estate, and (iii) limited to one manufactured home per lot. She stated staff and Planning Commission (6-0) recommended approval of this request. At 7:58 p.m., Mayor Reed closed the regular session and called the third public hearing to order. A notice appeared in the Daily News-Record Monday, January 30, 2023, and Monday, February 6, 2023. Michael Wong, Harrisonburg Redevelopment and Housing Authority (HRHA) and City of Harrisonburg Page 5 Printed on 3/27/2023 City Council Meeting Minutes - Final February 14, 2023 Avram Fechter, co-developer, Equity Plus, thanked Council for considering this request as it will be critical for the development that will be proposed. They spoke on manufactured housing, the proposed development that needs this rezoning and the density required. Council Member Fleming stated it has been a learning curve researching manufactured housing, how energy efficient these homes are, etc. Mr. Fechter stated these homes are more energy efficient than a standard stick -built home, and they are appraised and financed as stick-built homes. Council Member Jones asked how many local jobs and suppliers will be taken out of the home building/buying equation when manufactured homes are brought in. Mr. Fechter stated about 90% of the construction budget is no different than onsite building but it is hard to quantify the loss to local construction and supply businesses. Council Member Robinson asked if there will be uniformity with the housing at the development between the stick built homes and the manufactured homes. Mr. Fechter stated this project will provide homeownership of the house and the lot, regardless of the build type, but there will be four or five different models of homes, varying in sizes. Council Member Robinson asked what happens to property values when we have a community that is made primarily of manufactured homes. Mr. Fechter stated they are finding that manufactured homes have the same rate of appreciation as site built homes if they are built to Fannie and Freddie Mac ’s standard of quality. Further discussion took place about other developments similar to the project they are looking into building in the city and the valuation of manufactured homes, building standards, and perceptions of manufactured homes. The following shared their views and spoke in opposition to the request and /or manufactured homes: Pamela Snell, Garbers Church Road Jerry Scripture, 1756 Heritage Estates Circle Neal Lewis, Ohio Ave Jay Monger, Monticello Ave Chip McIntyre, Bob Lewis, Heritage Estates Jason Calhoun, 240 Garbers Church Road Elizabeth Jerlinski, Garbers Church Road Shannon Davis, Springside Drive Barbara Pile, South Dogwood Drive Mike Rhodes, Garber Church Rd Randy Kline, 480 Hartman Drive Donna Crumpton, Waterman Drive Carey Pettit, Belmont Estates Bill Call, Wyndham Drive Panayotis “Poti” Giannakouros City of Harrisonburg Page 6 Printed on 3/27/2023 City Council Meeting Minutes - Final February 14, 2023 The following shared their views and spoke in favor to the request: Ruth Jost, Rockingham County Pete Mazumik, New York Ave, representative of Sierra Club Nathan Young, 29 Shenandoah Ave Ed Blackwell, Blackwell Engineering The following shared their views and spoke without being in favor or against the request: Randy Grumbine, Virginia Manufactured and Module Housing Association, stated he was available for any information and shared his knowledge on manufactured homes. Scott Bayne, Clayton Homes, spoke on standards of manufactured homes. John Sloop, 128 Emerald Drive, asked Council if anyone had gone out to the project in Hagerstown to see what it looks like. At 9:52 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Council Member Robinson thanked everyone for sharing their concerns about this proposed amendment, she stated she sees where there may be some problems with manufactured homes but feels that in order to move forward with any type of development needed in the city it has to start with these amendments. We are in need of a change on how we develop, we have to begin thinking beyond what has been done in the past, looking for avenues that line up with what we have in the Comprehensive Plan, and really try to think of development in terms of equity, availability and fulfilling a need, a little bit at a time. Council Member Fleming stated the proposed changes doesn’t approve the next step of the Bluestone Town Center, but it does give us another tool in our zoning that allows us to vet and field proposals. It doesn’t guarantee anything going through in the R-7 district, every project is vetted individually, staff makes the recommendations based on what they get, expanding our tool kit he is in favor of. He stated affordable housing needs to be addressed, we are not making progress, we aren’t able to see building of single family homes happening, we need something to allow that to happen in an affordable way. He stated this is just another tool for us to use to reach our goals. Vice Mayor Dent stated she is in support of the idea of another tool for affordable housing, if something is affordable to build it is more reasonably affordable to buy . She stated that is the tool we are adding to what we have available. She stated for the larger multi-family dwelling units it is for the economies of scale likewise the percentage of multi-family units for more density. Council Member Jones stated the statement of if there is more affordable housing that is easier to buy he feels that is the issue with affordable housing, we all agree on City of Harrisonburg Page 7 Printed on 3/27/2023 City Council Meeting Minutes - Final February 14, 2023 that, but it is the amount of profit that the developer is willing to give up is what sets affordable housing, unfortunately just because it is cheaper to make housing sometimes doesn’t mean the profit margin shrinks, it is how our society is ran. He stated in regard to this tool specially he agrees with other Council Members, we are ok with a project, it’s the density we are concerned about. A motion was made by Council Member Robinson, seconded by Vice-Mayor Dent, that this Ordinance amendment be approved as presented . The motion carried with a recorded roll call vote taken as follows: Yes: 4- Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Mayor Reed No: 1- Council Member Robinson RECESS At 10:02 p.m., Mayor Reed called the meeting into recess. At 10:11 p.m., Mayor Reed called the meeting back into session. 5.d. Consider a request from Harrisonburg Redevelopment and Housing Authority to rezone a site addressed as 1010 Garbers Church Road, 1645 and 1815 Erickson Avenue, 1781 South High Street, and South Dogwood Drive Thanh Dang, assistant director of Community Development, presented a rezoning request of R-1, R-3 and B-2 to R-7 known as the Bluestone Town Center project on property containing 98 acres, more or less. She reviewed the area’s land use guide, comparable sites and their density with similar acreage in the city, and the conceptual layout. Ms. Dang reviewed the Master Plan text and layout and staff’s concerns as follows: 1. How the Master Plan text establishes front, side, and rear yards 2. Master Plan does not show/describe (1) proposed recreation areas and facilities, and (2) general landscape plan as required by R-7 district regulations 3. Master Plan does not address all 8 design principles as required by R-7 district regulations 4. Proffer #2.b. Applicant preference system. 5. Proffer #4. Impact fee. 6. Proposed development does not conform with the Comprehensive Plan ’s Land Use Guide Chris Brown, city attorney, reviewed Proffer # 4, related to impact fee. The developer is proffering that $50,000 per rental unit will be paid to the city at the time those rental units receive a Certificate of Occupancy, and then the city would loan back $ 40,000 per rental unit to the developer for further construction of the property. He stated the loan amount would be repaid to the city over the course of a given number of years, no details provided by the developer. He stated staff reviewed this proffer with state City of Harrisonburg Page 8 Printed on 3/27/2023 City Council Meeting Minutes - Final February 14, 2023 law and the city’s zoning ordinance and determined that the city could not except this proffer and reviewed the reasons as set out in the Memorandum attached to this agenda item. Tom Hartman, director of Public Works, presented the Transportation Summary for this proposed project that includes the traffic impact analysis, proposed improvements, and cost to city of approximately $1.2M. Liz Webb, housing coordinator, presented her analysis of the proposed project. She reviewed proffered versus not proffered, the residential units by type, the income restrictions, price restrictions and affordability review on the for -sale units and rental units and noted that the sale prices or rental prices have not been proffered. She reviewed project-based voucher and the importance of a competent property management company. She reviewed the current residential housing projects in the pipeline, housing by age statistics in the city, affordable rentals currently in the city, locations of the affordable housing in the city, the parts of this project that HRHA are involved in, and the level of need in the city. Ms. Dang stated there are a number of goals, objectives, and strategies that speak to housing matters in the Comprehensive Plan and reviewed Goal 6. She stated the majority of the proposed development is designated as Low Density Mixed Residential in the future land use guide and reviewed the definition of that designation. She reviewed the impact this proposed development could have on fire and rescue, public utilities and schools. She stated staff is recommending denial in part and approval in part. Denial because the development does not conform with the Comprehensive Plan and does not address all the requirements of the R-7 district regulations. Approval in part because the City needs more housing. She stated Planning Commission (6-0) recommended approval including a recommendation to not accept proffers 2.b and 4. Council Member Robinson asked for clarification on the proffers and explanation as to why approval in part and non-approval in other parts of the request. Adam Fletcher, director of Community Development clarified why and how the recommendation is divided. At 11:23 p.m., Mayor Reed closed the regular session and called the fourth public hearing to order. A notice appeared in the Daily News-Record on Monday, January 30, 2023, and Monday, February 6, 2023. Michael Wong, Harrisonburg Redevelopment and Housing Authority (HRHA), stated in collaboration with Equity Plus the goal is to build a mix-use, mixed-income, City of Harrisonburg Page 9 Printed on 3/27/2023 City Council Meeting Minutes - Final February 14, 2023 multi-generational housing development. He stated they feel this proposed development addresses the need of the city, he reviewed the vision and the focus of the development, the plan to use as many local contractors and supplies as possible for this project, and the housing will be built to be high quality modern houses. Avram Fechter, co-developer, Equity Plus, provided a background and experience of the company. Mr. Wong stated the key component of this development is to create a town center with ability to have mixed uses, a variety of different supportive services, meet LEED certification standards, install solar panels on some of the units, install EV stations in the development, and be pedestrian friendly. Mr. Fechter stated 900 units sound like a lot, they will not deliver more than 100 non-senior units per year, it will take up to 8-9 years to fully build out the site plan. Mr. Wong stated homes that are planned to be built by poultry farms won’t take place until Phase Two, he believes the owner of that property has expressed a plan to sell the property and they do not feel the poultry houses will have a significant impact on the development. Ed Blackwell, Engineer, stated in regard to the stormwater management and underground water and rock concerns, a geotechnical firm was hired to evaluate the property. He stated the study came back showing it has some karst features, typical of the area, and although the land does present some challenging issues there is nothing that can’t be addressed. Mr. Fechter reviewed some of the models of units built at a different location, spoke on the anticipated student population growth and the support from community organizations. Council Member Jones stated staff had noted that some of the information provided by the developer has been a bit ambiguous, and he sees that because of the lack of clarity. Mr. Fechter stated promises can’t be made and plans can’t be solidified until they have the site plan. Council Member Jones stated we want to make sure that we are proud of what is being developed, it looks good, but HRHA from the landlord perspective is very weak at times, and the ambiguity is the first step to not being a good neighbor. Mr. Blackwell stated there have been numerous meetings with city staff, regarding how the development would look, the buildings haven ’t been designed, there is a commitment to put solar on as many as possible, but until the building have been designed, the amount of solar paneling cannot be guaranteed. Council Member Robinson stated she feels as if we are mincing words, she wants to make sure that the developer is planning on using as much local labor and materials as possible, she wants to know that they are going to make it a priority to inform Council of certain things, she wants to be guaranteed that a professional property management company will be in place so in 10 years the development doesn’t look like some of the houses on Kelley Street. Mayor Reed stated that is why it so important to find out who will be managing the development. Mr. Fechter stated they do not know who will be managing it yet, they are too early in the process to even start looking. Further discussion took place regarding the need to have a professional firm to manage the property, and the desire of Council to have it be a local company and be included during the process. City of Harrisonburg Page 10 Printed on 3/27/2023 City Council Meeting Minutes - Final February 14, 2023 Council Member Fleming asked about the discrepancy in the original proposed development being 50% for sale and 50% rentals as the numbers now don’t reflect that. Mr. Fechter stated the current model all of the single family homes and most of the townhouses are for sale units, but it if is important to Council they could incorporate a proffer reflecting a minimum amount of for-sale housing. Council Member Fleming spoke on the right of first refusal on home-ownership and a possible Home Owners Association. Mr. Fechter stated on one hand you have long-term affordability of home ownership units, but on the other hand you have the desire and incentive to create wealth opportunities, and this would be a policy call. Further discussion took place on affordability, income limits and homeownership. Vice Mayor Dent stated some of her concerns were already addressed such as the property management being a crucial aspect, she understands they can ’t confirm nor deny because there is no contract yet, at what point will that be decided. Mr. Fechter stated when they file their tax credit application the property manager must be identified in the forms. She stated it is good to know at what point certain things will be resolved. Mr. Fechter stated when they come forward with the first phase site plan, it will reflect how many solar panels on how many homes, how many parks, etc. He stated the site plan is also required to apply the tax credit application. Vice Mayor Dent asked what happens if something happens such as the tax credits are not approved or the company goes bankrupt etc., we have seen what happens to developments when they don’t get what they expected (such as the tax credits), what if only part of a phase is done. Mr. Wong stated that is the reason why a private public partnership is in place, to maximize the opportunity for success, there are certain funds that HRHA has access to that non-profits or developers are not able to obtain, and private developers have certain skills and access to certain resources that HRHA is not able to. Mr. Fechter stated they will own the land, they have a track record of facing adversity and not cutting and running. Vice Mayor Dent stated the proffer of the local preference for rentals, although not approved by staff, she hopes that will still be the philosophy to have a priority for local residents. She stated she is wondering how the phasing over time impacts the project on the community and the availability for housing. Mr. Fechter stated as part of the tax credit application a marketing plan must be submitted and it must reflect how the units will be filled, if it doesn ’t include a local preference it will be shown. He explained how the local preference process . Further discussion took place regarding the process, the current wait list, and voucher housing. Mel Jones, associate director of the Virginia Center for Housing Research at Virginia Tech. She stated they are a state organization and serve communities across the Commonwealth to address housing challenges, they work with non-profits, businesses, agencies, across the state to help them to address housing challenges and answer housing questions. She stated as a university center they work across the nation and do innovative things like the first concrete house in Virginia. She stated HRHA sponsored their gathering of the most current research in regard to housing and schools and noted she provided information packets to Council. City of Harrisonburg Page 11 Printed on 3/27/2023 City Council Meeting Minutes - Final February 14, 2023 The following shared their views and spoke in favor to the request: Erica Lewis, Ohio Ave Kevin Water, 851 Madison Street Chris Gamble, 600 Norwood Amanda Morris, case manager Our Community Place Sam Nickels, Maryland Avenue Casey Kettler. 242 E. Water Street, Climate Action Alliance of the Valley and Livable Harrisonburg Isaac Witmor, Rockingham Dr Gayle Brunk, Valley Associates for Independent Living (VAIL) Shannon Porter, executive director of Mercy House)1036 S Dogwood Drive Noah Yoder, Mercy House Mandy Phillips, executive director, First Steps Austin Bell, Queen Ann Court Eric Hash, CEO, Harrisonburg/Rockingham Area of Realtors Council heard the Public Hearing on February 14, 2023 and tabled this item due to length of meeting. RECESS At 1:00 am February 15, 2023., Mayor Reed called the meeting into recess. At 1:06 am, February 15, 2023., Mayor Reed called the meeting back into session. Agenda Item 5.c. continued The following shared their views and spoke in opposition to the request: Christian Parrot 461 Queen Jerry Scripture, 1756 Heritage Estates Circle Kevin, 330 NY Ave Mike Rhodes, Garber Church Rd. Sharon Ruger, Belmont Jason Calhoun, 240 Garbers Church Road Bob Lewis, Bald Eagle Circle Bill Call, Wyndham Drive Elizabeth Jerlinksi, Garbers Church Rd Dr. Jeremy Ackers, Garbers Church Road Pete, New York Avenue, Sierra Club Neil Lewis, Ohio Avenue Barbara Pyle, Eric Pyle, Curtis Hall, City of Harrisonburg Page 12 Printed on 3/27/2023 City Council Meeting Minutes - Final February 14, 2023 Shannon Davis, Springside Drive Julia Catrell, High Street Panayotis “Poti” Giannakouros Art The following shared their views and spoke in favor to the request: Amanda Leech, United Way Gil Colman The following shared their views and spoke without being in favor or opposition of the request: Randy Grumbine, Virginia Manufactured and Module Housing Association At 2:41 a.m., Mayor Reed closed the public hearing and the regular session reconvened. Mayor Reed suggested this item be tabled due to the length of this meeting. A motion was made by Council Member Jones, seconded by Council Member Robinson, to table this item. The motion carried with a roll call vote as follows: Yes: 5- Mayor Reed, Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 6. Regular Items 6.a. Consider adopting a resolution for VDOT Maintenance Inventory Adjustments A motion was made by Council Member Jones, seconded by Vice Mayor Dent, to table this item. The motion carried with a roll call vote as follows: Yes: 5- Mayor Reed, Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 6.b. Consider adopting a Resolution of Support for a Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Application - Downtown Harrisonburg Streetscape and Mobility Transformation Project Tom Hartman, director of Public Works, presented two resolutions (item 6b and 6c together) for support of the Rebuilding American Infrastructure and Sustainability Inequity grant, for the Liberty Street Cycle Tract project and for planning of bike corridors throughout the city. City of Harrisonburg Page 13 Printed on 3/27/2023 City Council Meeting Minutes - Final February 14, 2023 A motion was made by Vice Mayor Dent, seconded by Council Member Jones, to adopt the resolution as presented. The motion carried with a roll call vote as follows: Yes: 5- Mayor Reed, Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 6.c. Consider adopting a Resolution of Support for a Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Application - Connecting Active Transportation Infrastructure: Evaluation of Key Corridors A motion was made by Vice Mayor Dent, seconded by Council Member Robinson, to adopt the resolution as presented. The motion carried with a roll call vote as follows: Yes: 5- Mayor Reed, Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 6.d. Council to Consider Approval of CDBG 2020 Action Plan Amendment A motion was made by Council Member Jones, seconded by Vice Mayor Dent, to table this item. The motion carried with a roll call vote as follows: Yes: 5- Mayor Reed, Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 7. Other Matters 7.a. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) A motion was made by Council Member Jones, seconded by Council Member Fleming, to table public comment due to fatigue of City Council. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Vice-Mayor Dent, Council Member Jones, Council Member Fleming and Council Member Robinson No: 0 7.b. City Council and Staff 8. Closed Session 9. Adjournment At 2:48 a.m, February 15, 2023, there being no further business and on motion adopted, the meeting was adjourned. City of Harrisonburg Page 14 Printed on 3/27/2023 City Council Meeting Minutes - Final February 14, 2023 ________________________ ________________________ CITY CLERK MAYOR City of Harrisonburg Page 15 Printed on 3/27/2023

Agenda

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Agenda - Final City Council Tuesday, February 14, 2023 7:00 PM Council Chambers 1. Roll Call 2. Invocation 3. Pledge of Allegiance 4. Consent Agenda (any item placed on the consent agenda shall be removed and taken up as a separate matter, if so requested by any member of Council, otherwise all items will be voted on with one (1) motion) 4.a. Minutes from the January 24, 2023 City Council meeting. Attachments: Minutes 4.b. Consider a supplemental appropriation in the amount of $2.3 million for the General Capital Projects Fund Attachments: Memorandum Supplemental Appropriation 4.c. Consider amending and re-enacting Section 4-2-124, Section 4-2-23 and Section 4-25 of the City Code of Harrisonburg, in regard to personal property and real estate tax relief Attachments: Memorandum Current ordinance reflecting recommended amendments Public Hearing Notice PowerPoint presentation 4.d. Consider approving an amendment and re-enactment of Section 4-2-14, General retail sales tax, of the Harrisonburg City Code Attachments: Memorandum Current ordinance reflecting recommended amendments 2008 Resolution (tax on heating fuel) 5. Public Hearings City of Harrisonburg Page 1 Printed on 2/28/2023 City Council Meeting Agenda - Final February 14, 2023 5.a. Consider a request from Thomas W. Rogers and Allison G. Kauffman for a special use permit to allow short-term rental at 71 Broad Street Attachments: Memorandum Extract from Planning Commission Site Maps Applications and supporting documents PC Memorandum Notice of Public Hearing Surrounding Property Owners Notice PowerPoint presentation 5.b. Consider a request from the City of Harrisonburg for a special use permit to allow public uses which deviate from the requirements of the Zoning Ordinance at 1111 N Main St Attachments: Memorandum Extract from Planning Commission Site Maps Application and supporting documents Public comment Additional Public Comment PC Memorandum Notice of Public Hearing Surrounding Property Owners Notice PowerPoint presentation 5.c. Consider a request from the Harrisonburg Redevelopment and Housing Authority (HRHA) to amend the R-7, Medium Density Mixed Residential Planned Community District regulations Attachments: Memorandum Extract from Planning Commission Application and supporting documents PC Memorandum Notice of Public Hearing Surrounding Property Owners Notice PowerPoint presentation City of Harrisonburg Page 2 Printed on 2/28/2023 City Council Meeting Agenda - Final February 14, 2023 5.d. Consider a request from Harrisonburg Redevelopment and Housing Authority to rezone a site addressed as 1010 Garbers Church Road, 1645 and 1815 Erickson Avenue, 1781 South High Street, and South Dogwood Drive Attachments: Memorandum for February 28, 2023 CC meeting Updated Letter February 21, 2023 Updated Master Plan Text February 24, 2023 Updated Conceptual Site Layout February 24, 2023 Typical Manufactured Home, Single Family Detached, & Townhome Landscaping Plan February 24, 2023 Memorandum Extract from Planning Commission Site Maps Application Letter TIA Acceptance Letter Updated Master Plan Text Master Plan Layout Updated Proffer Statement Street Improvement Agreement Conceptual Layout Single Family Homes at Bluestone Town Center MH Advantage Retailer Guide Memorandum from City Attorney Chris Brown, dated January 12, 2023 City of Harrisonburg Housing Overview from Housing Coordinator Memo Estimation of Housing Need Post Housing Study 2-7-2023 (002) Updated Memorandum from Housing Coordinator Liz Webb, dated February 7, 2023 Public comments Additional public comments received prior to Planning Commission meeting Additional public comments received after Planning Commission meeting PC Memorandum Master Plan Text Proffer Statement Memorandum from Housing Coordinator Liz Webb, dated January 12, 2023 Notice of Public Hearing Surrounding Property Owners Notice PowerPoint presentation (staff) PowerPoint presentation (developer) Additional Public Comment 6. Regular Items City of Harrisonburg Page 3 Printed on 2/28/2023 City Council Meeting Agenda - Final February 14, 2023 6.a. Consider adopting a resolution for VDOT Maintenance Inventory Adjustments Attachments: Memorandum Resolution Form U-1 2023 VDOT Inventory Changes Map 2023 VDOT Inventory Changes Map Labeled 6.b. Consider adopting a Resolution of Support for a Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Application - Downtown Harrisonburg Streetscape and Mobility Transformation Project Attachments: Memorandum Resolution of Support PowerPoint Presentation 6.c. Consider adopting a Resolution of Support for a Rebuilding American Infrastructure with Sustainability and Equity (RAISE) Grant Application - Connecting Active Transportation Infrastructure: Evaluation of Key Corridors Attachments: Memorandum Resolution 6.d. Council to Consider Approval of CDBG 2020 Action Plan Amendment Attachments: Memorandum PowerPoint presentation 7. Other Matters 7.a. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) 7.b. City Council and Staff 8. Closed Session 9. Adjournment NOTE TO THE PUBLIC: City of Harrisonburg Page 4 Printed on 2/28/2023 City Council Meeting Agenda - Final February 14, 2023 Residents/Media will be able to attend the meeting. The Public can also view the meeting live on: • The City’s website, https://harrisonburg-va.legistar.com/Calendar.aspx • Public Education Government Channel 3 A phone line will also be live where residents will be allowed to call in and speak with City Council during the Public Hearings and the Public Comments portion of the night’s meeting. We ask those that wish to speak during the public comment period to not call in until after all the public hearings and public comment on those have been heard. This will avoid anyone calling on any other item from holding up the queue and then being asked to call back at a later time. The telephone number to call in is: (540) 437-2687 Residents also may provide comment prior to the meeting by visiting this page: www.harrisonburgva.gov/agenda-comments Interpretation Services Language interpretation service in Spanish, Arabic and Kurdish is available for City Council meetings. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least four (4) calendar days in advance of the meeting by contacting the City Clerk at (540) 432-7701 or by submitting a request online at: www.harrisonburgva.gov/interpreter-request-form El servicio de intérpretes inglés-español está disponible para las reuniones públicas del consejo municipal. Para asegurar la disponibilidad de intérpretes, cualquier interesado deberá solicitar la presencia de un intérprete al menos cuatro (4) días calendarios antes de la reunión comunicándose con la Secretaría Municipal al (540) 432-7701 o por medio de la página por internet al: https://www.harrisonburgva.gov/interpreter-request-form City of Harrisonburg Page 5 Printed on 2/28/2023

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