Harrisonburg City Council Meeting - July 9, 2024

The Harrisonburg City Council met on Tuesday, July 9, 2024 at 7:00 PM in the Council Chambers. Mayor Deanna R. Reed presided, with Vice-Mayor Laura Dent, Council Member Dany Fleming, and Council Member Monica Robinson present; Council Member Christopher B. Jones was absent. The meeting covered a consent agenda, six public hearings, three regular items, public comments, city council and staff reports, and board appointments.

Consent Calendar

• Minutes from June 25, 2024 City Council meeting were approved unanimously via roll call (4-0).

Public Hearings

6.a. Water and Sewer Rate Increase Ordinance Amendment

• Proposal: An ordinance amendment to Section 7-4-1(a)(b) of the City Code increasing water charges by $0.22 per 1,000 gallons and sewer charges by $0.18 per 1,000 gallons, and a $145 increase in the large meter testing charge. The increases had already been reflected in the adopted budget.
• Public Comment: No members of the public spoke.
• Vote: Approved unanimously (4-0).

6.b. Easement to Town of Dayton for Nature Trail

• Proposal: Granting a deed of easement to the Town of Dayton for a nature trail around Silver Lake, crossing city-owned property. The city retained the right to relocate or remove the easement if necessary.
• Public Comment:
  • Brian Borne, Town Manager of Dayton, stated this is the last easement needed to begin trail construction.
  • Taylor Evans, Valley Conservation Council, expressed support as a project partner.
  • Kim Woodwell, Alliance for the Shenandoah Valley, supported the project for increased access and wildlife habitat.
  • Cheryl Wyant, Dayton resident, highlighted benefits for wildlife and interpretive signage.
• Council Discussion: Members expressed support for inter-community cooperation and the collaborative effort with non-profits.
• Vote: Approved unanimously (4-0).

6.c. Rezoning of 448 Kelley Street (Yanahina Montoya Centeno)

• Proposal: Rezone the property from R-2 to R-8C to allow a front porch with a proffered 20-foot setback (R-8 allows as little as 10 feet). The change also allows potential future conversion to a duplex.
• Public Comment: The applicant stated she wants the porch for her children's safety and to beautify the home.
• Council Discussion: Members commended the applicant for property improvements and noted the porch would increase home value. Vice Mayor Dent remarked it was another use of the R-8 zoning designation.
• Vote: Approved unanimously (4-0).

6.d. Zoning Ordinance Amendments for Private Refuse Collection Facilities

• Proposal: Amend regulations to require screening of private refuse containers (dumpsters, compactors) and specify prohibited locations (e.g., in front yards adjoining public streets, on undeveloped parcels within 20 feet of a street in B-1 district). Screening must be equal to or greater than the height of the container, with a closable gate; plant materials are no longer accepted as screening.
• Public Comment: None.
• Council Discussion: Council Member Fleming appreciated the flexibility for developers; Council Member Robinson noted the benefit of requiring gates to deter unauthorized use. Staff clarified that non-conforming existing facilities would be allowed to continue.
• Vote: Approved unanimously (4-0).

6.e. Special Use Permit for Multi-Family Dwellings at 50 Baxter Drive (Farhad Koyee and Bahar Mikeal)

• Proposal: Special use permit to allow 18 one-bedroom apartments on a 0.65-acre portion of the site, with parking between 18 and 36 spaces. The applicant intends to target young professionals and small households, addressing a need identified in the city's housing study.
• Public Comment: AK Koyee, owner, explained the project is integrated with a manufacturing operation on the same property and that the residential units will be affordable, not student housing.
• Council Discussion: Members discussed parking flexibility, green space, and the condition that the permit be extended from 12 to 24 months (recommended by staff to align with state code changes).
• Vote: An amended motion to include a 24-month extension was approved unanimously (4-0).

6.f. Special Use Permit for Manufacturing, Processing, and Assembly at 50 Baxter Drive (Farhad Koyee and Bahar Mikeal)

• Proposal: Special use permit for a dietary supplement manufacturing operation on a 0.52-acre portion, limited to 6,000 sq. ft. gross floor area and to a dietary supplement or substantially similar use. Condition allows council to revoke if the use becomes a nuisance.
• Public Comment: AK Koyee described the facility as a food-grade commercial kitchen with no toxic chemicals, odors, or heavy traffic; it would also serve as a co-packing space for local small businesses.
• Council Discussion: Questions addressed regulation (FDA, Virginia Department of Agriculture), hours of operation (daytime only), and parking. The permit was also extended to 24 months.
• Vote: Approved unanimously (4-0) with the 24-month extension.

Regular Items

7.a. Preliminary Plat with Variance for Subdivision at 50 Baxter Drive

• Proposal: Subdivide the +/-1.14-acre property into two lots (0.52 ac and 0.65 ac), with a variance to allow the red parcel (0.65 ac) to have frontage on a private street (Tasha Circle) rather than a public street. The variance is needed because Tasha Circle is private.
• Council Discussion: This was presented jointly with the two special use permits (6.e and 6.f). No separate public hearing was required.
• Vote: Approved unanimously (4-0).

7.b. Water Service to Decoven Farms LLC in Rockingham County

• Proposal: Request for the City to provide a separate water connection for a dairy farm operation at 5262 & 5304 Rawley Pike, outside city limits. The property already has an existing city water connection for a residential unit; this would add a second meter for the dairy operation.
• Public Comment: None.
• Council Discussion: The connection does not extend water lines; it is a new meter at an existing tap. Planning Commission (4-0) recommended approval.
• Vote: Approved unanimously (4-0).

7.c. Population Analysis Contract with Weldon Cooper Center

• Proposal: Authorize the City Manager to enter into a contract with the Weldon Cooper Center to conduct a detailed population analysis, examining trends since 2000, school-age population, and projections for 2030, 2040, and 2050, adjusting for the 2020 census undercount.
• Council Discussion: City Manager Banks explained the analysis would dig deeper than standard Weldon Cooper reports and would include a project team with school system participation. Council Member Fleming emphasized the importance for planning growth in schools, infrastructure, and housing.
• Vote: Approved unanimously (roll call: 5-0, with all five members present voting yes; note: Council Member Jones was absent but recorded as voting yes in the minutes, which is a discrepancy; the transcript shows a voice vote but roll call not explicitly stated, yet minutes indicate 5-0).

Other Matters

• Public Comments: None on matters not on the agenda.
• City Council and Staff:
  • Mayor Reed requested thoughts and prayers for Council Member Jones and his family due to a death.
  • Chief Matthew Tobia announced the Annual Pizza Night on July 10, 2024, where the Fire Department will deliver free cheese pizzas and check smoke alarms. Last year, over 1,000 smoke alarms were checked, over 100 installed, and 50 carbon monoxide alarms installed. In the last five years, there has been one fire fatality.
  • Vice Mayor Dent noted the Levitt AMP Concert Series, Fourth of July event, Strength in Peers housewarming, and an upcoming Chesapeake Bay Watershed meeting.
  • Council Member Fleming spoke on the Strength in Peers housewarming, an upcoming meeting with the Levitt Foundation, a Virginia First Cities Access to Housing Committee meeting, and acknowledged a passing in Council Member Robinson's family.

Boards and Commissions

• Stormwater Advisory Committee (SWAC): Motion to appoint Ferwerdin Barzanji to an unexpired term ending April 28, 2027, and Wesley Runion to a full term ending July 9, 2027, was passed by unanimous voice vote. Council noted both applicants bring significant expertise.

Key Outcomes

• Consent agenda approved.
• All six public hearing items approved unanimously (4-0).
• Regular items 7.a, 7.b approved unanimously (4-0); 7.c approved unanimously (5-0 per minutes, but note discrepancy with absent Council Member Jones).
• Two SWAC appointments approved.
• Meeting adjourned at 8:52 PM.