City Council Meeting   6/11/2024

Next Friday, we can do that next Friday.

I'll say it's been so long since I've seen this thing.

But next Friday, we're in here.

Okay, good talk.

Did you vote?

Did you vote?

What?

Did you vote?

No.

We need to go vote.

Oh.

Mayor Reed.

President.

City Attorney Brown.

Here.

Vice Mayor Dent is absent.

Council Member Fleming is absent.

Council Member Robinson.

Here.

Chief Warner.

Chief Tobias.

Here.

Good evening, everyone.

If you would, please join me in prayer, if you wish.

Father God, in the name of Jesus, we thank you so much for this opportunity to come with you in prayer.

God help us to love better and treat one another as you would have treated us.

God help us to be able to remember to take care of the least of us, those that are in the most vulnerable states.

while also making sure we lift those up that are doing well.

God help us to be good stewards of the resources that you've given us.

We ask that you will help us to lead and guide and protect our staff as we protect and lead and guide our residents, visitors, and business investors in our city.

Okay, well, let's, we don't have

Any special recognitions, but we do want to say happy birthday to Miss Pam So she's actually serving on her birthday tonight is a birthday so The tiara looks beautiful on you All right, if we will go to our consent agenda

Any items placed on the consent agenda shall be removed and taken up as a separate matter if so requested.

Second.

Any discussion?

Roll call.

Council Member Robinson.

Aye.

Mayor Reed.

Good evening, Madam Mayor.

My first item I present to you this evening is a rezoning request at 979 Roberts Court.

This is a duplex, one side of a duplex, which is part of a larger master plan community.

Everything in purple on the screen before you is the master plan community known as Brookside Park, and the zoning ordinance allows us

within section 10-3, 57.6, subsection 1 to amend just one parcel upon an application by that parcel's owner through a zoning map amendment, which is what we are discussing here this evening, to be able to make amendments to that one parcel so long as the intent is equivalent to the degree in terms of meeting the purposes of the district and protecting the public health, safety, and welfare, and the overall intent of the original master plan.

and that's what is happening here this evening.

We have an applicant who is requesting to amend just their parcel and it is to make way for an addition to their home.

They're hopeful that they can add a kitchen and a living area to the northwest on the side of their building.

They're adjacent to Souter Street and I can show you some more of the details.

So long-term plans for this area of the city is continuation of what we have occurring in this area, which is medium density residential, and you also see some neighborhood residential, which is the red color there to your right, screen right.

And we also have some commercial and industrial properties that are planned for along Charles Street.

Souter Street is also an extension of North End Greenway.

At the end of Souter Street, we all know that the North End Greenway then begins to take us up to the Park View area of the city.

So if you're out that way, you'll recognize that area and we'll understand where Brookside Park is.

And the aerial photograph showing this area has slowly built out over the years.

It is fully built out except for one parcel.

Brookside Park was originally rezoned way back in 2006 went through two different amendments in 2007 and 2011 for the entire master plan and it is planned for 35 building lots again just the one parcel remains undeveloped and then there was also a park property which is where another extension of the North and Greenway is to be constructed upon through this area here so this triangular shaped area was part of the master plan was to be remained to be developed and it's just over actually it's close to an acre and a half

So we don't talk about R7 developments very often, but what it is is a master plan community, an applicant will rezone property that presents a text, which is essentially that development's zoning.

And then they will have a map showing all of the plans that they have for that area.

So it's a planned residential community.

It requires to go through a process similar to what we're talking about this evening.

and it has opportunities for including proffers if they so wish during that time.

But essentially what is approved during that time, its zoning is what is the zoning regulatory text that can be built.

We have several master plank communities, but as I noted with Brookside Park, originally was rezoned in 2006, went through a couple amendments in 2007.

We had some of our first building permits approved in 2007, and then they realized that they really kind of were very, very specific in what they were allowing in the complex.

So they made an amendment in 2007 and 2011.

I do remember back during that time period we had suggested for them to make even more flexibility because they were so specific in their regulations that it even talks about the different types of housing in specific dimensions, really, which is kind of what we're talking about this evening, trying to get some alleviation to that this evening.

What we're looking out here on the screen, so in the upper right hand corner of the picture is sort of like present day The applicant is hoping to have a reduced setback along their Souter Street side, so currently They have to have a 25 foot setback Excuse me a 20 foot setback along Souter Street, and they're hoping to have an alleviation up to 10 feet

What you can see in the bottom left image there is where they're hoping to have an addition, the proposed addition in this area which is hatched in blue, and they would not be utilizing the whole 10 feet, they would be a little over 11 feet from the property line, but they're hoping to have some flexibility there.

And with the plan is to make an addition again for that kitchen and living area, so one-story elevation rendering there showing the addition to the northwest of the property off the extension of the house there.

So, I won't get into all the specifics of the master plan, but the text is within your packet, and really we just need to key in on what's on the screen before you.

So, as I noted, they're very specific as to the house dimensions that would be permitted in this development, and what is shown on the screen is the exceptions that they would like to make, and if you just follow along with letter I here, the lot dimensions, those dimensions are exactly the same as what all the other properties would be, so they're not changing anything here.

really what we're looking at is the setbacks for A and B. A was a welcome suggestion by staff that we actually recommended they do an additional regulation upon themselves to push their setback off of the cul-de-sac street a little bit more than what's permitted today so that it matches

the existing duplex, or I can't get any closer than existing duplex, the structure in which they share.

But it's really B, which is capturing the setback for 10 feet along that side, which will allow that renovation to take place.

And there would be no longer any regulatory mechanism describing the specific types of housing that we permitted on this one parcel.

We did not believe that this provides any type of negative impact to this community.

We offered a favorable recommendation to Plainty Commission who in turn offered a unanimous recommendation to this body for approval.

There was one Plainty Commission that was absent that evening and that was Vice Mayor Dent.

Thank you.

Any questions?

Thank you.

I will open this item up for public hearing.

If anyone wishes to speak, please state your name and address.

Seeing none in person.

Birthday girl, do we have any?

One moment please.

Thank you.

Overclose public hearing on this item.

Second.

Any discussion?

Council Member Jones.

Council Member Robinson.

Aye.

Aye.

Next item here is a special use permit to allow for a child daycare in the R2 residential district.

The parcel here bounded in red is an 11.76 acre parcel

which is the Harrisonburg Mennonite Church where they are leasing space to allow for a child daycare center so the church is not the operator of the daycare.

If the church had been the operator of the daycare that would be a permitted use by right as we interpret that to be an extension of the church operations.

So therefore being that the church is not the operator that requires a special use permit for this particular property in the zoning district.

Multiple different unclassifications in this area.

You have industrial to the north, you have duplexes to the north, to the south.

Opportunities there to the north and south in the R2, the light green, you have single family residential R1 and the yellow color to the east.

Predominantly actually there's mostly single family homes, but the R2 residential district does allow for duplexes if enough lot areas present.

Long term plan for land use in this area is really maintaining what's out there.

So the yellow there representing that we're looking at low density residential church houses of worship are permitted by right and any residential classification along with

are B1 and B2 classifications, so being in conformance here with the Comprehensive Plan.

And then the area photograph showing the church area really sort of bisecting the existing residential neighborhood to the east and then where you start to enter into some of the older industrial complexes as you cross over the railroad tracks and then exit out onto Route 42, but a very large parcel and some great operations up there, communal aspects for the church in this area.

This photograph just showing the area of the church where interior renovations are planned.

So at this time they're only planning to make conversions of an existing, actually a few existing classroom spaces to make space to operate the daycare.

And there is more than enough parking for both operations, both the church use and for the daycare operations.

So they're hoping to have around 45 children and the ages they're planning to provide care for is two and a half to five years old.

And of course, they would have to meet any type of regulations that are regulated through the Department of Education through the state.

And then just a rendering submitted by the applicant.

They are working with an architect to make sure that all of the modifications that are required by the building code will be met and they'll go through proper permitting through our office.

and we have offered one suggested condition which Planning Commission also agreed with which is if in the opinion of Planning Commission City Council the use for any particular reason becomes a nuisance you can recall for further review additional conditions or revocation of the permit but we offered a fable recommendation believing that it was in line with the comprehensive plan in line with our larger goals of the comprehensive plan and some of the attention we're trying to put for

providing child daycare throughout the city and a great opportunity here for the community.

Thank you.

Chris, does, um, I thought we had that right with any special use permit.

That language doesn't come into the existing code.

Thank you.

Alright, I will open this item up for public hearing.

If anyone wishes to speak, please state your name and address.

You will have five minutes.

May I read?

Good to see you.

Councilman Jennings.

Councilman Robinson.

The architect on the project, I'm available to answer any questions.

Building Code will allow up to 53 kids.

That's not their plan, but I just want to clarify that it could be up to 53 children and two and a half would be the lowest age because of the youth group that we'll be applying for.

Thank you.

Anyone else?

Seeing none in person.

It's going to be a long night.

Hannah ran out, I said she just gets to.

Hey, Reed, there are no callers.

Mayor, I moved to approve the request from the trustees, Chicago Avenue Mennonite Church for a special use permit to allow for the child daycare center at 1552 South.

Consider... Rick?

No, actually the property owner.

Oh, okay, okay.

You got to go with the trustees.

Yeah.

Yeah, I used to be one of them.

Okay, second.

No, we saw the plans and it looks very exciting.

Yeah, I've been out there a couple of times, so excited to approve it.

Council Member Robinson?

Aye.

Mayor Reed?

Aye.

Madam, I'd like to present to you two the next two items at one time.

So this will be the next two items.

And this is associated with the zoning ordinance amendment for making modifications for skill games and tobacco smoke or vape shops.

So it's going to do a couple of different things and two votes here this evening.

for these two items here.

So first, we will be defining the following.

We are proposing to define skill game, skill game location, and tobacco smoke or vape shop.

We are also going to establish skill game and tobacco smoke or vape shops as principle uses.

I'll get into the details of the specifics of why for that here in a moment.

In this, we're creating off-street vehicle and bicycle parking for both uses.

And then lastly, really the most important component here is that we would be proposing to prohibit skilled game locations in tobacco smoke or vape shops on property within 1,000 feet of any property containing a public or private school or child daycare center.

So we're getting in here to the specifics.

I'm going to talk to you about skill games and then tobacco smoke and vape shops.

So in 2020, the Virginia Dental Assembly criminalized most playing and operating of skill games.

That legislation was to go into effect July 1, 2021.

However, in December of 2021, the Virginia Circuit Court issued an injunction ceasing enforcement of those regulations, which is why if you would have traveled

in the city of Harrisonburg last year, up until last year, and entered into many of our convenience stores.

You would have seen some of these skill game locations because they were legal up until October of 2023, just last year, when the Virginia Supreme Court then vacated that previous injunction.

What that did was it made all of the skill game locations that had been operating in the city

to no longer be operating.

So if there was one operating, and if there are some today, they would be illegal.

If you've entered some of our conveniences, you have noticed either they're not there anymore, or you oftentimes see them unplugged with a sign on them identifying the legislation that was proposed, actually approved, that the injunction being lifted, and then the regulation coming into effect that outlaws them.

Then, during the 2024 General Assembly, they passed State Bill 212, which was associated with making them in a form legal again.

And what we had done once we had learned this was that we were

Working on the similar amendment here for tobacco, vape, and smoke shops and we are combining the two in an effort to get it to you basically this evening so that if this legislation passed you would already have legislation on our local books that if you did not want to allow those types of uses within a thousand feet of schools or child daycare centers

It would go into effect at the end of June, prior to the July 1 date of when the new law was to go into effect.

What has since happened was, the Governor then proposed some amendments to State Bill 212, but they were not accepted by the General Assembly.

Ultimately, since our Planning Commission meeting, and tonight's meeting, I think it was May 17th, the Governor vetoed the bill.

Therefore, skill games continue to be illegal.

Our recommendation is to continue forward with this, get this on the books.

If we need to remove it later, we can.

But there's nothing to be said that they couldn't attempt to make them legal again next year.

And we will have this in place if you so wish to have it in place to prohibit them within those locations.

continuing on to tobacco smoke or vape shops and the two here are related being that they are sharing similar qualities about the locational regulations and so they are two very separate matters but they're all the amendments are occurring in the exact same locations within the ordinance which is why I'm presenting them in the same presentation this evening.

So last year we had discussed among staff and even drafted regulations to

Restrict locations of tobacco smoke and vape shops It never made it to planning commission and never made it out of our draft We had been kicking around the idea of regulating within a thousand or excuse me within a quarter mile or even a half mile we created some maps to Evaluate what that impact would be We were going to bring that regulation to planning commission to allow planning commission have some input whether it should be a quarter mile or a half mile but then

and the Virginia Jail Assembly this year.

The Virginia Jail Assembly passed House Bill 947, which told localities you cannot regulate the location any more than a thousand feet.

So they basically made the decision for us that it couldn't be a quarter mile or even a half mile.

It had to be less than that, which is a thousand feet.

So that's the amendments being brought before you and then also in combination with the skill games.

So we're amending all of the sections that are shown on the screen as I discussed earlier.

So it's definitions, off-street and off-street vehicle and bicycle parking.

and then some color associations here for our zoning map.

So B1, B2 and M1, those are the colors on our zoning map.

So we are proposing to amend the uses permitted by right.

And then the other regulations of those zoning districts, that's where that thousand foot buffer comes into play.

And then what you'll notice in the difference here at the bottom for the M1 general business district is that we're proposing to allow these uses by special use permit in the M1 as opposed to by right in the B1 and the B2 districts.

So what I want to point out too is that up to this point, tobacco smoke and vape shops have been just classified as general retail.

So they were and have been and still are to this day, allowed in any district that allows general retail.

So that's our downtown district to be one.

our general business district at B2, so think of areas East Market Street, South Main Street, and then some other spaces scattered throughout the city, and then any retail convenience type operation that would have been permitted only by special use permitted in the M1 district.

On the flip side there, for skill games, we have not considered them a principal use at all up until our new proposal here this evening.

Essentially, they were accessory uses and were permitted to go into any use that would be legally allowed as an accessory use and oftentimes they ended up locating in convenience stores, being as that's where their market was for that type of use.

So I don't plan to read the definitions that are before you, but those are the three that we talked about earlier here.

So the skill game, and it defines what a skill game is.

Skill game location, just pointing out there, that second definition that says any establishment that provides for the use of any number, which means that if there's one skill game, it is a skill game location.

And many of them, there are many more than one, but we are proposing it to be that any number is considered a skill game location.

And then lastly, the tobacco smoke or vape shop definition we'd like to add to the zoning ordinance.

Very minimal amendments here for the vehicle off-street parking and the bicycle regulation So we're just adding it to the same list of uses that have the requirement for off-street parking as general retail and similar mercantile establishments

And then in the table, you're seeing there on the bottom left-hand side just the amendments that we would make to add those uses into how many bicycle parking spaces, which is essentially one space per 10,000 square feet of area or four spaces minimum, whichever is the greater of the two.

In the permitted by rights in B1, those are the those are the amendments that we'd make into B1.

similar in B2.

Again, we're just adding it into the subsections one.

And remember, although these are permitted by right, it's the locational requirements that's really going to regulate them.

And I'll show you that in a map here in just a moment.

And then the changes that we would make to the special use permit category and the M1, adding it to the same list of uses as is permitted today to apply for a convenience store.

And then in all three of those zoning districts, we would add the following statement.

And this is the regulatory text that tells

A person who's interested in having them that they cannot be located on or otherwise operate on any property within a thousand feet of any property containing public or private schools or child daycare centers.

And I'll show you how we measure that in a moment, but basically just picture the shape of the parcel and you're measuring out a thousand feet in linear directions to get your buffer area.

And I'll show you that here in a moment.

So the map on the screen, the colored areas are the areas in which these uses could locate.

These are the uses that do not fall within a thousand feet of schools or child daycare centers.

Zooming in here.

you're seeing two different dots, the green dot and the blue dot.

The green dots are areas where tobacco smoke or vape shops are known today and the blue dots are skill game locations that we were able to learn through the

and Dr.

Focusing first on the blue dots.

Those blue dots are the skill game locations that previously existed.

Remember that it is currently still illegal.

Therefore, even if you approve the regulations tonight, these locations cannot reestablish.

These maps were made to show you what the impact would have been before the legislation was vetoed by the governor.

There would be also no non-conforming uses if in the future the General Assembly wants to allow them again because they are currently not legal.

Now let's flip over to the green dot.

The green dots are the known locations that are tobacco smoke or vape shops.

If the green dot falls within a colored parcel, there is essentially no impact whatsoever.

They can continue to operate just as they are today, no problems at all.

If a dot falls into a gray area, that means those properties would become non-conforming.

They too can continue to operate

so long as they follow the obligations of a non-conforming use.

That means they can continue essentially forever, so long as there is not a two-year window in which they do not operate.

And that is state law.

State law allows any non-conforming use to continue operating, so long as you follow the guidelines that are in our zoning ordinance to be a non-conforming use.

And oftentimes, that two-year window is a deciding factor.

So if they were to close up shop,

They didn't sell the business because it doesn't just stay with the property.

The business operator goes with the property.

So you could sell the business.

They could come in and continue operating it.

But if a shop closed up, moved out, didn't operate in those gray areas, they could not reestablish themselves if you approve this legislation here this evening.

I kind of got lost.

Everybody, okay.

Yes.

That's correct.

Or there are other criteria in our zoning ordinance that says things like they can't expand their operations.

Usually it's like structurally altering the building and making the business larger.

Honestly, those two are the main ones that oftentimes are sort of triggers that may discontinue a non-conforming use.

But for all intents and purposes, they remain legal.

They're just not conforming.

They do not conform to the current law.

I just wanted to show a representation of how we draw the border.

So if we pretend for a moment that a child daycare center wanted to operate on the parcel that I've identified in the teal color,

And I'm glad you asked that question because the map that I showed you is not a static map.

That map will change based upon where things occur.

So just as we talked about this evening, there's a new child daycare center that pops up over in that neighborhood.

That changes the map.

So if there is an existing tobacco smoke or vape shop within that area, they would become non-conforming with that change.

There is.

If it's within the 1,000 foot buffer.

I would be happy to answer any questions.

Super technical question.

Is it like as the crow flies, is it a radius?

Just curious of what is that.

will likely change here because these properties are within a thousand feet of the daycare that would operate, but it doesn't change until they actually begin operating.

So you gave them a special use permit.

They had 12 months to establish that special use permit.

This is a representation of that record.

Another thing to consider here is that a lot of these properties are grayed out too because they are residentially zoned.

Think about where our schools are, where our private schools are, where the child daycares are, where our Montessori schools are located, and all of those also have an impact on creating those buffers.

And that's why a lot of the space gets eliminated when you look at it city-wide.

That sounds about right.

I can picture the list that was generated.

Yeah, and that sounds about right.

So we're doing C&D together for a public hearing and then when we vote, we'll vote on them separately, correct?

All right, so I'll open, so both items are open for public hearing.

If you wish to speak, please state your name and address.

Good.

So, I really have more of a question on this ordinance as to why I do understand middle school, high school, maybe elementary, but daycare?

They're five and under.

So five and under aren't toddling in somewhere to play a skill game.

They're not toddling into a vape shop without parents.

It just makes no sense.

I mean, because you could actually be in, without it being in that gray area and then they open up a, you know, if they open up a daycare, well they can open up a daycare beside of you.

Myself, we only had like two.

It helped pay for employees to get extra benefits with the price of food, the price of everything.

I mean, it was helpful.

Now, I do understand we had places that opened up entire shops.

I mean, an entire building and put the

Skill Games Inn, and that's not what they were set up for.

But I also think punishing everybody that it did help that were the small businesses is not right.

You know, I mean, it's helpful.

For us, we just had them on the bar, people, it just gave them something to do.

We also didn't let people just come in and use them.

Had to be a customer, had to be, you know, a paying customer come in.

So I think you have to remember, you got a lot of small businesses that it helped.

and that's why it was set up.

It was just unfortunately taken advantage of by people.

But when you start doing this in the city, so you can have them, well, they can open up a daycare beside of you.

So that's not even grandfathered in if it happens and you're not in the gray area.

So that's not really sensible, but the child, I mean, the daycares make no sense or five and under.

You have to ID for alcohol, you have to ID for cigarettes, anybody that has them.

You have to ID for everything, so I don't understand the daycare.

I do understand the high schools because they probably, you know, unfortunately, well, you still should ID, but that doesn't mean they do.

But everybody's got to ID for all of this.

The way the legislation is looking right now is two or three.

So you're not going to have those giant shops.

You're not going to have an entire room of those skill games of 12 and 15 and 20.

And it shouldn't have been that way.

But when you do that, you're not helping your small business.

So the small businesses that did have them, it was very helpful to them.

So just consider that when you are deciding this bill, because a daycare can open every second.

Your schools aren't, your private schools aren't necessarily, but these daycares in every church.

They're in every church everywhere.

I assume the church is trying to make extra money.

I have no idea, but... And then it's kind of unfair if somebody did have them and the legislature goes through

and they already have them and somebody opens a daycare beside them.

I mean, I'm just saying these are things to consider, but you might want to consider your small business with everything, the cost of everything and it was helpful.

Thank you.

Hi there.

My name is Richard Roth.

home address 203 Tiffany Drive, Bridgewater, Virginia.

I'm here for Valley Lanes.

We also had skill games and like Miss Finnegan said, they were very helpful for our bottom line and we basically are shut almost entirely during the time schools open.

So

and we would not allow anybody underage to play them and I just wanted to let you all know that because and right now they're not you know it may be a year till they're actually possible to come back but I just wanted to let everybody know to think about the tax revenue that is coming in from the machines for many small businesses like myself and thank you for your consideration

Thank you.

Thank you.

I had a quick question, Madam Mayor.

This is an ordinance we're trying to get ahead on.

That's right.

So is it possible for Brian and Pierce to talk to some more of the restauranteers and folks that serve food

And the reason I'm saying those specifically, the way this is written, I genuinely, and I'm very pro-much small business, that's what I come from, so I don't know if we had that conversation as much when we came to the restaurant two years in the bar, bar keeps.

It seems like, I mean, honestly, I agree with the way this is written.

But, actually, I agree with this man again, and the gentleman at Valley Lanes, and that we, by default, are hurting, like our restaurants and bars, that um, and the irony is, you can turn around and buy a lottery ticket at all these stores.

So, it's ironic that we give the money from the Virginia Lottery to the children,

Nothing's going to change till the General Assembly comes back next year.

We're not in a big time crunch as far as the skill game ordinance.

Just to get some more feedback from folks.

Because to me, it's almost a no-brainer.

I don't know all the details.

I don't want to say no-brainer, but I really appreciate this is why I like people to come to the meetings.

Because I try to think about all the stuff, but I just missed that one, so I appreciate you coming.

We're tabling it to September, October so we can get closer into that window and give them time to get information.

The best time to get the information will be when the college students come back because really we operate between August and May so we can see what's happening in August and September to get an idea of underage people like freshmen are coming in their plan that gives us some different data.

I turned 17 when I was a freshman, so I was under age the whole time.

I was a freshman, so I would have been illegally playing, for example.

You don't want people blowing vapes in front of the day camp.

So are we ready for a motion then on the vape job?

Yeah, we gotta make a motion to do that.

Yeah, make a motion to do that.

I got it.

Second.

I'm in favor of, so all in favor say aye.

Aye.

Aye.

Any discussion?

Council Member Jones?

Thank you.

Council Member Robinson?

Aye.

All right, we will now go into our regular items.

I have two preliminary plaits to present to you, both are very similar and they are adjacent to one another.

So our first item here, the property is at 585 Pair Street, this section

is known as Cobbler's Valley.

It's another section of Cobbler's Valley.

In fact, the property that's to the north of this parcel where you see the little black boxes, that was the first section that we had already looked at and given approval for for townhomes.

And those little black boxes are our digitization of where those townhomes would be located.

That private street kind of going through the middle of those buildings.

So the parcel we're talking about here is another extension of Cobbler's Valley.

If you drive Pear Street today, you'll see a great deal of construction going on in this area of the city.

Most of it, you actually are looking at areas in the county.

So all those homes and a lot of the land disturbances within the county, but this is a project that's both split city and county across the jurisdictional boundary.

So the properties have already been rezoned.

The properties were rezoned earlier this year in February of 2024.

And there was also a special use permit given to allow for the creation of the townhomes.

This is just the next step in that process, which is to preliminarily subdivide them as they continue through their engineer comprehensive site plan process so that they know exactly where their lot lines would be located.

So this parcel is just a little over two acres in size.

For long term plans, we're looking for all of this area along

Pear Street and the southwestern side of Erickson Avenue to be medium density mixed residential.

And then this aerial photograph is from, I want to say 2022.

So this area looks quite different today as there is much more development that has taken place.

There were multiple proffers that were submitted, but as identified here, it was rezoned to RAC.

They're planning for an additional 21 townhomes.

The applicant proffered specific sidewalk locations and for access easements, and they also proffered that there would be raised crosswalks at particular locations, and they're reducing the speed limit in this area.

I believe it's to be posted below 25 miles per hour, if not 15 miles per hour.

I'm trying to recall those proffers, but that's why it's an R8C, so there are proffers associated with it.

This photograph looking south, southeast.

This is taken from Cobbler's Court, so the new public street off of Pear Street.

You can see Pear Street rolling up the hillside there on the left side of the image.

So the area that's directly in front of us is the subject property, which is currently undeveloped.

and then the Platt.

So technically all of the lots that are top of the page here, lots 1 through 12, they all have public street frontage.

Those lots actually front along Pair Street, although the units will likely face the opposite direction, interior to the complex, interior to the private street.

Lots 13 through 21 at the bottom of the screen is the reason that you all are looking at is because they're requesting two variances.

The first variance is that these lots do not have public street frontage, even though they front on a private street.

So it is a requirement of the subdivision ordinance that all new lots have public street frontage.

This variance, you hear me talk about quite a bit.

Many of our townhome communities in the city of Harrisonburg have this specific variance because it allows for those lots to front on a private street on privately maintained streets.

and Dany Fleming.

These townhome communities are compact.

They're in some ways kind of master planned and laid out by the developers and the engineers.

They already know specific locations where they want those general utilities to be located.

So we have no problem deviating from that regulation.

Many of our recent townhome communities have also received that same that same subdivision variance.

So we have no concerns with the preliminary plat aside from those two variances.

All other requirements of the subdivision regulations are met.

and it is continuation of things that we've already looked at and discussed through the rezoning process.

Any questions?

I do.

Um, so if we approve the request,

The variances is part of the Crest, ma'am.

So yeah, that's why you're seeing it.

So if they were just meeting the subdivision regulations and were not deviating from any regulation in the subdivision ordinance, it would actually end a planning commission.

Thank you.

That's all right.

Second.

Any more discussion?

Council Member Jones.

Council Member Robinson.

Aye.

Aye.

Very similar in the adjacent property.

So this is, although to the

Any individual probably driving through this neighborhood and in the future when it's constructed will really know no different.

They're actually two separate developments, but they're connected.

They've been working together as property owners.

to allow for the continuation of the private streets and to have a very fluid, interconnected private street grid throughout this entire development.

So this property, the development known as Zephyr Hill, is located at 465 Pear Street.

It's actually two parcels and in total it's three and a half acres along Pear Street.

It too has already gone through its rezoning and a special use permit to allow for town homes.

And in this particular case, they are looking to, I want to say 40

45 or 46 town home lots is what would be created through this subdivision.

Again, land use guide, no different than the previous request, medium density, mixed residential, and then the aerial photograph showing that the current parcel is undeveloped, but they are continuing to move through their development processes to allow for the subdivision and an engineer comprehensive site plan to be reviewed and approved.

They proffered specific sidewalk location and access easements.

Again, if you read the staff report and looked at the applicants submitter, you'll notice that they're very, very similar layouts, very similar language.

We worked with them continuously and together to make sure that they were speaking the same language.

They're also going to have raised crosswalks.

They're going to reduce the speed limit and post signs to do so.

And they also provided a proffer associated with providing a bus stop location for HDPT.

But there was a bit of a caveat here because of the rolling nature of Pear Street.

There was concerns about site distance, so the proffer that they stated was that they would provide an HDPT bus stop if they could meet the site distance.

Unfortunately, they've done enough engineering at this point that they have identified that they don't meet the safety requirements for a bus stop at this particular location.

Nonetheless, there is a bus stop nearby.

When you continue down the hill going westbound on Pear Street near

the intersection with Cobbler's Court, there is a bus stop.

So it's not like there isn't a bus stop nearby, it's just that there won't be a bus stop directly in front of this development and it has everything to do with the physical location being that it can't physically meet the site distance regulations to allow for a safe stop for the bus.

So this is taken from Pear Street now looking southwest and you can see quite a bit of the construction there and all of that occurring out in the county.

And then I have two images here showing the continuation being that this is a little bit larger of a development.

So in this image, the left-hand side where there are no lots being subdivided, that's the area that was from the previous development.

And this is just a continuation of that now traveling to the east in this image or south in this image.

So the private street will be a continuation.

All of the lots in this neighborhood need the variance to allow the lots in that front on a public street because some of their common area is what has the public street frontage along Pear Street.

So here showing lots one through 25 and then the next image showing 26 through 41.

Just then the other image was the end to the left of this image.

So just more private streets for the townhome community.

It's south, actually.

It's kind of bizarre.

It's sort of one of those things when you're in Harrisonburg, the Interstate 81 actually travels east-west in some lards.

Yeah, the north there.

So this area would be to the north.

So this area is to the south of that area.

And then the last bit of detail here is the area that I've shown that I've outlined in blue.

So that's along Pear Street, and that's an area that they will be dedicating public street right of way.

and constructing sidewalk improvements to allow for the continuation of the sidewalk along Pear Street.

So it would be public sidewalk for not only this community, but for the surrounding community to be able to safely walk on Pear Street.

And with that, we offered our favorable recommendation to Planning Commission.

At this point of the meeting, however, Commissioner Washington had to unexpectedly leave the meeting.

And we only had five voting members and they all unanimously recommended approval of the two variances.

And again, they're the same variances to not have lots front on the public street.

Any questions?

Thank you, Adam.

Second.

We'll call please, Pam.

Councilmember Robinson?

Aye.

Mayor Reed?

My last item, Mayor, is just the presentation of Planning Commission's 2023 annual report.

So as is required by the code section 1017A4 requires an annual report be presented to City Council.

And that is what I'm here for this evening.

So you receive the entire detailed report in your packet of information and this pie chart here just showing the percentage of activity given to all the different

actions and types of agenda items that Planning Commission reviews for your consideration, so a majority of which were taken up by special use permits and rezonings over the last year.

But my next slide is the one I find the most interesting.

So when you look at this, if you take out consideration of 2019, and if you all remember, 2019 was the year of our short-term rental special use permits, so it's a bit of an outlier of a year.

Half of the special use permits in 2019 were for the short-term rentals.

If you take out those, you'll see that 2022 and 2023 have been very busy years and we're continuing with that upward trend.

A majority of those being special use permits and rezonings for increased density for housing, residential rezonings and special use permits, excuse me, for townhome communities that might be zoned R8 that require the special use permits.

Thank you.

Any questions?

Thank you.

I don't have any questions, but I love the information.

Thank you.

Madam Mayor, I move to approve and adopt the accept.

We can do all those things.

Second.

Council Member Jones.

Council Member Robinson.

Aye.

Aye.

Madam Mayor, members of council, you have before you a resolution on the City Council, the City of Harrisonburg recognizing June 20th, 2024 as World Refugee Day and annually thereafter.

I will read the resolution.

Let me apologize in advance, both the council members and members of the audience for having a piece of candy in my mouth and sipping water.

I've taken some sinus medication that dries my mouth.

So please forgive me for that.

Whereas as of 2023, there were more than 35 million refugees throughout the world.

People displaced from their home country who are unwilling or unable

to return due to a fear of persecution based on race, nationality, or religion.

And whereas UNICEF reports that approximately half of the world's refugees are children, and whereas the UNHCR has determined that 2.4 million refugees are in need of immediate resettlement and that these refugees include torture survivors,

people with severe medical conditions, LGBTQ individuals, orphaned children, and women at risk of gender-based violence, all of whom cannot return to their homeland and cannot stay in their host country due to their extreme vulnerability.

And whereas the International Rescue Committee reports that 76% of the world's refugees are hosted by poor

Low and Middle Income Countries, many of which have inadequate resources to keep refugees fed, housed, or safe.

Whereas the United States participates in a resettlement program that is critical to global humanitarian efforts and reflects America's finest values, strengthens global security, and alleviates some of the burden placed on frontline host countries.

Refugees that enter the United States are among the most vetted travelers to enter this country and are subject to extensive screening checks, including in-person interviews, biometric data checks, and multiple interagency checks.

And whereas once they settle in the United States, refugees contribute to their communities by starting businesses, paying taxes, and sharing their cultural traditions.

These new residents are workers, students, entrepreneurs,

parents, neighbors, and community leaders who contribute more than they consume in state-funded services.

The Department of Health and Human Services reported that refugees and asylees contributed a $124 billion net positive fiscal impact to the American economy.

And whereas Harrisonburg has been and continues to be a welcoming home to a diverse population of refugees and immigrants,

who added to the economic strength and cultural richness of the Commonwealth of Virginia.

And whereas since 2002, over 2,000 refugees have been resettled to Harrisonburg, enriching the social, linguistic, and cultural vibrancy of our city.

And whereas immigrants in Harrisonburg have contributed significantly to the city's economy,

including over $29 million in taxes and spending power of $90.5 million.

And whereas residents of Harrisonburg aspire to live up to our highest societal values of acceptance and equality and treat newcomers with decency and respect, creating a vibrant community for all to live in.

And whereas World Refugee Day is an annual commemoration

adopted by the United Nations in 2000 to honor and raise awareness of refugees.

Now, therefore, be it resolved by the City Council of the City of Harrisonburg, Virginia that June 20th, 2024, and the 20th of June of every year thereafter, shall be designated as World Refugee Day in the City of Harrisonburg, adopted this 11th day of June, 2024.

So as a council, we need to take action on this resolution.

I want, if you're here for the resolution, can you please stand?

Thank you.

And do you have a representative?

Is that you, Rodriguez?

Or Nellie?

I saw Nellie's back there too.

All right.

So stay right there.

Yeah, Madam Mayor.

This is I think a fantastic opportunity.

I think it's it means extra special to me not only because

Harrisonburg is such a welcoming place and you know we have dozens of languages here but it's significant to me that it's the day after Juneteenth which is the day that African Americans that you know we're part of the scattering and you're from where a lot of you are from where we're from whether it's the Middle Eastern area of Africa or all of Africa

and I just appreciate the fact that we can celebrate two days together and receive all of those accolades and celebrate our culture together you know because a lot of times we look at people look at as a separate and that shouldn't be the case I think that Juneteenth is a time that we should celebrate all independence in America because at that point all of us were free and I think it's even more fitting that World Refugee is the next day because

Though we had to fight to survive here, you had to fight to survive to get here.

And I think it's important that we take those two days to celebrate together.

So I look forward to celebrating Juneteenth with you all.

I think this is what when council, when we did our vision for the city of Harrisonburg, we started out

The first thing of our priority is to make sure that Harrisonburg is a city for all.

And I think this is exactly what is needed so that we can say and mean that we are a city for all.

So I think this is a wonderful opportunity.

Thank you for choosing Harrisonburg to be your home.

And I look forward to continuing to work with you.

as we, I loved, I got this phrase from Councilman Jones as we build a better burg.

Yeah, okay, I gave it to you.

So, and once we pass this, approve this, I want to call Rodriguez to say a few words.

Madam Mayor while we're waiting for Michael if I can make one more comment I know in the past I think this has been done by proclamation and this year the request was to have a resolution so that it would set June 20th every year going forward and which is wonderful and council could certainly do that and it stays in effect until

a future council may take some action.

I just like to say that Harrisonburg has come a long way in terms of acceptance.

It's been great to see how the city has grown.

It's great to see how when once we weren't

considered a part of the city to now see that we're not only a part of the city, but you all are a part of the city as well.

And I welcome you to our community.

And I just want to say that it's time.

And it's nice to be a part of the voting body that says it is time.

So Roderick, if you will come to the podium, let's finish the vote.

Any more discussion?

Roll call, please.

Council Member Jones?

Aye.

Council Member Robinson?

Aye.

Aye.

And Rod Reed before you get started, I want to pass this to you.

This is your copy.

I just want to say thank you Mayor Reed and Council and City Manager and City Attorney for recognizing today as a Walter Fide City, not only a proclamation but more of a resolution that feels better.

and Dany.

I work for Churchill Service as a senior community organizer and part of the work that we do is standing with our fellow refugees and immigrants in the state of Virginia and in the community and in the US to try to continue building collective power but also being part of this community but not only surviving but thriving as much as we can.

We've been part of a movement of improving or changing a lot of legislation as a state level from foreign trend nurses to foreign trend teachers to be licensed to work in Virginia and this year as of January we were able to advocate for

International Medical Graduate to be able to practice in the state of Virginia with the bill will be effective July 1st so that's just a huge relief for many people that come from their countries with a lot of skills that they were not able to practice or use when they get to this country and now in our state they're gonna be able to practice as much as possible so that has been amazing so your support is really important I think it's a

one step to continuing to build a city for all.

I really, really fall in love with that slogan and continue to build a better community together.

So thank you again one more time.

And we will extend our invitation for World Refugee Day celebration on Saturday at the Farmers Market from three

to 6 p.m.

Thank you.

So this is what I would like to do.

I had this all in

Come in between us and come on up here.

Michael will take the picture.

He always beats my team.

I need him over here.

All right, so we just need to know who we're going to be looking at Michael first.

You're always looking at me.

All right.

Anyone else?

Anyone else?

I have a question for you.

I have a quick question for you.

I think so.

All right, let's look.

Let's look.

Let's look.

Church World Services did.

I tweaked it just a little bit.

It's going in our group chat.

All right, look.

How are you?

Give me a hug.

I'm doing bye.

Nice to see you.

Bye.

Yeah, come on, brother.

Yeah.

So, when you're in the famous room, I'm going to be there.

But I didn't serve enough.

I'm going to be there in the comments.

Good to see you.

Thank you.

Take care.

It all worked out.

Yes.

Yes, ma'am.

Take care.

It was the same night as the... Oops, sorry.

The welcoming Harrisonburg meeting.

And I had to put all of the money.

Okay.

All righty, turn.

You have before you a proposed new ordinance which will waive certain fees in connection with affordable housing.

And I'm bringing this forward on behalf of our housing coordinator, Ms.

Webb, who I think is over there.

And so she'll probably chime in and please correct me if I say something incorrect or amplify anything that needs to be amplified or answer your questions.

But back earlier this year,

This will have presented some recommendations to council.

One of those recommendations was to begin a pilot program to waive certain fees associated with the affordable housing development.

And this is sort of the first step of that.

This ordinance before you will, against a pilot program, will waive

the water and sewer capital recovery fees for certain affordable housing developments for units that will be for sale and if you recall back when we redid the water and sewer fees those were then divided into kind of a connection fee which really is supposed to cover the city's cost and then the capital recovery fee

which is designed to, it really is a contribution to the overall operation of the system.

So what this ordinance waives is the water and sewer capital recovery fees.

Those are $2,000 each per unit.

So for a cap of $4,000 per unit.

And it'll be limited to houses that will be built and sold and those houses have to be built by

a 501C3 organization with a primary purpose of assisting with the provision of affordable housing or to a private sector entity that is pursuing an affordable housing development.

Again, it's for individually metered single family residences and will be sold at a price no greater than the maximum sales price established by the Virginia Housing Development Authority for first time homeowner program.

is the

will sign an agreement that if the house is sold within five years to someone that does not meet those requirements then they will pay back or pay to the city the applicable capital recovery fee so they can after a year sell it to someone who doesn't qualify to take advantage of that.

This year's budget included $40,000 for this program against the pilot so

After this year, we brought back to council and as part of the budget council, we'll decide what amount to fund this program next year and following years.

And basically it's going to be a first come, first serve type of process for qualifying applicants.

And when the $40,000 this year is gone, then we'll wait till next year.

And I'll again ask Ms.

Thank you.

Second.

A great job Liz, this reads and sounds like what we've been hearing on the national level.

when we've attended various conferences to have various conversations with you.

And this came directly out of our retreats over the last couple of years.

So I'm glad that we've got the funds.

I'm glad that we all agreed.

And most importantly, I'm glad we've got the staff to put this in front of us so that we can enact it.

So I'm extremely happy and I can't wait to brag to all my National League of Cities friends and African American mayors.

U.S.

Conference of Mayors and tell them all, look at us.

And it's another way to support affordable housing.

And the business community.

Yes.

I would say congratulations to removing yet another barrier to home ownership.

One of the goals that we're

We're still ironing out some of the details, but the idea that we can sort of partner this with other tools.

So for example, working with housing counseling agencies and having a requirement for first time home buyers to go through housing education, that'll qualify them for an array of other resources at the state level.

And that can also tie in really neatly to this program.

I mean, this is the kind of thing.

The efforts are going to build on one another and be sort of a comprehensive housing program on the home ownership side.

Yeah, I mean, I'm going to state it again, because I feel like some people miss it.

There's so many different layers to supporting affordable housing, and this is one of them.

Hiring you was another one, right?

How can we get better with supporting affordable housing?

It doesn't always mean

that it's about just approving everything that comes our way, it's layers to it.

So, thank you.

Thanks.

And all of the tools that you just talked about also helps to keep them in that housing.

Yes.

So, I'm appreciative for that too.

Great job, Liz.

This is not true.

Yeah, exactly.

A holistic approach.

Layers to it.

All right.

Council.

We did it.

Just waiting on the roll call, please, Princess.

Members of council have before you a BPOL refund and this is something that comes before council two or three times a year.

As you know, businesses pay their BPOL taxes to the city at the beginning of the year and it's usually based on the revenue of the prior year.

and sometimes a business during the year will go out of business and then we have to refund a pro rata share of what they paid and sometimes situations like this a business may have changed ownership so we refund the money to the previous owner and then depending on who the buyer is and what happens to the business hopefully we collect it back in most situations not always but usually so

Amanda is under state law to do this.

Thank you.

Second.

Any more discussion?

Roll call, please.

Council Member Jones.

Council Member Robinson.

Aye.

Aye.

7G.

Next is a resolution renaming Boxwood Court to East Caler Park Drive.

In my apologies, I had a nice aerial photograph and I forgot to give it to Pam to put up for us, but you're familiar with the new high school, Rocktown High School.

The northernmost entrance, which will be right in and right out only, used to be a fairly short stub of a street called Boxwood Court, and then the southernmost entrance, which will be a lighted entrance.

That was the East Cailar Park Drive again at the time.

This project began a fairly short stub of a street, and now is part of the high school development.

East Kaler Park Drive has been looped around all the way across the high school property and down and joins what is now Boxwood Court all the way out to South Main Street.

So it is one continuous road in order to avoid confusion.

Makes sense.

Thank you.

You didn't want to call it like the Rocktown Road?

No, we didn't.

Well, and the reason... Boxwood, the name court, obviously means it doesn't go through East... they chose East Cailar Park Drive because right across from that is West Bay of Cailar.

Second.

Any more discussion?

Council Member Jones.

Council Member Robinson.

Aye.

Aye.

Council, you have before

for improvements to the homeless services center specifically to the build out of the commercial kitchen portion.

And what this supplemental appropriation does is it takes that gift and much appreciated and puts it in the capital line item project so that Ms.

Snyder can keep chugging along on that project.

Any questions?

This is go through the gifting process that we did for getting the new one.

Madam Mayor, I move to approve the supplemental appropriation for the general capital funds.

Thank you.

Second.

Any more discussion?

Council Member Jones?

Aye.

Council Member Robinson?

Aye.

Mayor Reed?

Aye.

Thank you, Council.

Before you this evening, as a supplemental appropriation addressing

This is something that Mr. Props has been losing a little bit of sleep over because it changed how governments can account for long-term leases.

And specifically this evening, the long-term leases are leases that the City of Harrisonburg uses and the City Schools use with Shintel for dark fiber access to provide internet access to our sites.

where as before it would have only been seen under a line item in that department budget.

So I tried to save Mr. Props that evening, Tuesday evening.

So I could probably try and answer your questions, but I'll probably, if you have in-depth questions, only get into trouble.

We need more discussion.

Council Member Jones.

Aye.

Council Member Robinson.

Aye.

Aye.

comments from the public limited to five minutes or matters not on the regular agenda.

If anyone wishes to speak, please state your name and address.

Yes, I have this one thing.

On June 22nd, the first Baptist Church located on Broad Street in Harrisonburg

will be having a fundraiser day, but I'm mentioning that because the community or members from the community connectors team will be present that day to almost kind of kick off our community engagement in the northeast neighborhood.

So if you're free and would like to see what we're up to or speak to any of the team members, we will be there between 10 and 5 p.m.

I said one thing, but I have two.

Also, there are a few Juneteenth celebrations.

One, I mentioned last time, but the NAACP in Harrisonburg is having their annual Juneteenth celebration held at the Bridgewater Park.

So if you check out their Facebook page, you can find out more information.

That's it, Madam Mayor.

Councilman Jones.

Who's the President now for NAAC?

Thank you, Madam Mayor.

I would like to, I mentioned it a little bit, but cordially invite everyone to the annual Juneteenth celebration.

First of all, just nationwide, that everyone accepts and appreciates and celebrates Juneteenth.

This is almost like a double down on Independence Day, if you will, because now the folks that were also fighting for freedom

but weren't free at the time when July 4th is celebrated can now be properly recognized and celebrated.

So I hope all Americans, all Virginians and all Harrisonburg residents, visitors and business owners celebrate Juneteenth and I hope you do so in style by coming down to Pale Fire Brewery with your illustrious mayor and your old councilman up here.

We're going to have a good time.

It'll be good food.

Good music, but most importantly, just fellowship and celebrating, celebrating life in Harrisonburg, celebrating Black life in Harrisonburg, but most of all celebrating it together.

So I appreciate Madam Mayor for letting me team up with her with this and really appreciate Pale Fire and all those that are contributing to that, not turning this into an advertising platform, so we're not gonna do that, but we'll say Pale Fire because you do need to know where to come.

So I look forward to seeing you there between three and eight on Sunday.

So this one's always Sunday.

It's always Father's Day.

So make sure you take your dad to dinner late or breakfast or lunch because we can take care of his afternoon snack around three o'clock.

I will also mention, so we've done this June team celebrations, but we also have the best weekend ever.

That is, that will be on the Saturday.

which is the 15th downtown.

Juneteenth is on the 16th, so our celebration is on the 16th.

And I also, I'm going to say this, so Councilman Jones can hear this.

Oh, my!

Oh, really, Pam?

The whole staff's with me on this.

Okay, so I am... Is there a meeting now?

The board meeting time?

Yeah.

Okay, I've been appointed by President Sander.

Yes.

To be on the University Communities

Council.

And that's all I have.

Just one thing, it's bittersweet tonight is the last council meeting that Chief Kelly Warner will be here and be our Sergeant at Arms as was announced in the community.

Chief Warner is going home and we certainly appreciate your time here and your leadership.

As I told you in confidence one day, it has been life-changing relationship from this side.

of the DEIS, and you go with my best wishes and support all time.

Thank you, Chief Warner.

All right.

Queenie?

Thank you.

You could say something.

It's not early.

All right.

Thank you.