Harrisonburg City Council Meeting - June 11, 2024

The Harrisonburg City Council met on Tuesday, June 11, 2024, at 7:00 PM in Council Chambers. Mayor Deanna R. Reed presided, with Council Members Christopher B. Jones and Monica Robinson present (Vice-Mayor Laura Dent and Council Member Dany Fleming were absent). The meeting covered a consent agenda, public hearings, regular agenda items, and supplemental appropriations, concluding at 8:32 PM.

Consent Calendar

• Minutes from May 28, 2024 – Approved unanimously.
• Rezoning 162 West Elizabeth Street (Liberty Street Investments LLC) – Approved on second reading.
• Rezoning 415 North Liberty Street (David L. Snyder) – Approved on second reading.
• Utility bill discontinuance ordinance amendment (Sec. 7-1-9) – Approved on second reading.
• MS4 ordinance amendment (Sec. 7-6-5) – Approved on second reading.
• Real estate tax rate for FY 2024-2025 set at $1.04 per $100 of assessed value – Approved on second reading.
• Supplemental appropriation for Fire Station 5 construction – Approved on second reading.
• Supplemental appropriation for various departments – Approved on second reading.

Public Hearings & Testimony

6a. Rezoning to amend Brookside Park Master Plan (979 Roberts Court)

• Staff and Planning Commission (6-0) recommended approval. The applicant seeks a setback reduction (from 20 ft to 10 ft) along Suter Street to add a kitchen and living area. No public speakers. Council approved 3-0.

6b. Special Use Permit for child day care center at 1552 South High Street (Harrisonburg Mennonite Church)

• Staff and Planning Commission (6-0) recommended approval with a condition that the permit can be recalled if the use becomes a nuisance. Charles Hendricks (Gaines Group Architects) noted the building code allows up to 53 children, though the plan is for about 45 children (ages 2.5–5). Council approved 3-0, expressing excitement about the project.

6c. Zoning Ordinance amendment to define and regulate skill games

• Presented jointly with 6d. Staff and Planning Commission (6-0) recommended approval. Public comment: Donna Finnegan (Finnegan's Cove) questioned the 1,000-ft distance from daycares, arguing skill games helped small businesses and that daycares are not a risk. Richard Roth (Valley Lanes) also supported small business use. Council Member Jones suggested tabling to allow further study of impacts on small businesses. Motion to table passed 3-0. (Note: Skill games are currently illegal under state law after the governor’s veto of SB 212.)

6d. Zoning Ordinance amendment to regulate tobacco, smoke, and vape shops

• Approved separately. Council Member Jones noted no need to table this item. Motion to approve passed 3-0. The ordinance prohibits such shops within 1,000 feet of schools and daycares, with existing shops becoming non-conforming.

Regular Items

7a. Preliminary subdivision: 585 Pear Street (Cobblers Valley Development LLC)

• Staff and Planning Commission (6-0) recommended approval. The plat creates 21 townhome lots with two variances (no public street frontage for interior lots and utility easement deviation). Council approved 3-0.

7b. Preliminary subdivision: 465 Pear Street (J&D Group LLC)

• Staff and Planning Commission (5-0) recommended approval. The plat creates 41 townhome lots with the same variances. A proffered HDOT bus stop was not feasible due to safety sight distance; a nearby stop exists. Council approved 3-0.

7c. Planning Commission Annual Report 2023

• Presented by Adam Fletcher. 2022 and 2023 were the busiest years for special use permits and rezonings (excluding 2019 short-term rental permits). Council accepted and approved the report 3-0.

7d. World Refugee Day Resolution (June 20, 2024 and annually thereafter)

• City Attorney Chris Brown read the resolution, noting over 2,000 refugees resettled in Harrisonburg since 2002, contributing $29 million in taxes and $90.5 million in spending power. Rodrigue Makelele (Church World Service) thanked Council and highlighted recent state legislation licensing foreign-trained medical practitioners. Council adopted the resolution 3-0.

7e. Affordable Housing Fee Waiver Program (Section 10-8-1)

• A pilot program waiving water and sewer capital recovery fees ($2,000 each, $4,000 per unit) for qualifying affordable for-sale units. Funded with $40,000 in FY2024-2025, first-come-first-served. Applicants must be 501(c)(3) or private entity, units sold ≤ VHDA first-time homebuyer price, income ≤ 100% AMI. Recapture if sold within 5 years to non-qualifying buyer. Council enacted the ordinance 3-0.

7f. BPOL tax refund for one business – $21,906.66 plus 6% interest

• Council approved 3-0.

7g. Renaming Boxwood Court to East Kaylor Park Drive

• Due to road reconfiguration for Rocktown High School. Council adopted the resolution 3-0.

Supplemental Appropriations

8a. General Capital Projects Fund – $50,000 gift from Presbytery of the Shenandoah for Homeless Services Center commercial kitchen

• Council approved 3-0.

8b. Lease and subscription-based IT agreements – Accounting for full 15-year Shentel Dark Fiber lease (GASB compliance)

• Council approved 3-0.

Key Outcomes

• All consent agenda items approved unanimously.
• Public hearings: Rezoning (Brookside Park) and daycare permit approved; skill games ordinance tabled; tobacco/vape shops ordinance approved.
• Subdivision plats for 585 and 465 Pear Street approved.
• World Refugee Day resolution adopted unanimously.
• Affordable Housing Fee Waiver Program enacted as a pilot with $40,000 funding.
• BPOL refund and street renaming approved.
• Supplemental appropriations for homeless services kitchen and IT lease approved.
• Council noted upcoming Juneteenth events (June 15-16) and the retirement of Police Chief Kelley Warner.