Harrisonburg City Council Meeting – November 26, 2024

The Harrisonburg City Council met on Tuesday, November 26, 2024, at 7:00 PM in Council Chambers to consider a lengthy agenda including a major mixed-use development (Quarry Heights), several zoning changes, a donation agreement for a park, supplemental appropriations, and appointments to boards and commissions. The meeting lasted until 10:33 PM. All votes were unanimous unless noted.

Consent Calendar

• Minutes from October 22, 2024: Approved.
• Supplemental Appropriation ($1,302,216): Approved on second reading.
• Supplemental Appropriation ($1,186,239): Approved on second reading.

Special Recognition

• 2024 Citizens Academy Graduates: 15 graduates were recognized by Communications Director Michael Parks. The program is a 13-week course (30–35 hours total) covering city departments.

Public Hearings & Testimony

6a. Rezone 731 Jefferson Street (M1 to R‑3C)

• No public testimony. Council Member Fleming noted the solution was "workable." Approved 6‑0.

6b. Rezone 1158 Rockingham Drive (R1 to R‑8C)

• No public testimony. Council Member Jones expressed trust in the applicants (Lonnie and Linda Suter). Approved 6‑0.

6c. Zoning Ordinance Amendment – Townhome Setbacks in R‑8 District

• Todd Rhea, applicant representative, stated the amendment levels the playing field for townhomes with the same fire safety standards. Deputy Director Thanh Dang presented. Fire Chief Matthew Tobia explained safety requirements (cementitious siding, window restrictions, ladder access). Public comment: none in person or by phone. Approved 6‑0.

6d–6h. Quarry Heights (51, 75, 85 Waterman Drive and other parcels)

• Applicant presentation (15 min): Todd Rhea and David Frazier (fourth generation of Frazier Quarry) outlined the vision for 953 dwelling units (mix of apartments, townhomes, single‑family detached), voluntary proffers including a 40‑foot buffer (increased from 20 along College Avenue), a six‑foot privacy fence near new public street, 50‑foot right‑of‑way for future College Avenue connection (later debated), shared‑use paths, stormwater improvements, and economic benefits (over $3.3 million annual tax revenue).
• Neighborhood testimony (three speakers, each 5 min):
  • Katrina Didot (845 College Ave) described community engagement, a survey with ~80 responses showing strong support for four requests: larger buffer, moving the proposed public road away, withdrawing the 50‑ft right‑of‑way for College Avenue connection, and limiting construction noise hours. She noted the applicant doubled the buffer to 40 feet but did not agree to other requests.
  • Rachel Van Patter (892 College Ave) read the four requests and the applicant's responses: buffer increased to 40 ft, a six‑ft privacy fence offered, a pocket park at the end of College Avenue, but the 50‑ft right‑of‑way remains, and no special noise limits beyond city ordinance. She asked council to block the future road connection.
  • Kris Shenk Zehr (867 College Ave) expressed deep concerns about noise (rock drilling), loss of woodland, light pollution, and school impacts. She urged council to protect neighborhood character.
• Other public speakers:
  • Isaac Whitmore (Rockingham Drive) spoke in favor, noting missing middle housing and improved biking/walking connectivity.
  • Gil Coleman (855 Summit Ave) praised the project but raised concerns about noise and future road connections.
  • Micah Shenk Zehr (867 College Ave) opposed, citing emotional distress and potential health impacts from prolonged construction noise.
  • Lori Hostetler (864 College Ave) worried about school impacts, claiming the developer's student generation estimate (150–300) is low; added that new market‑rate housing could cause churn and increase enrollment in already‑stressed schools.
  • Edwin Clamp (873 College Ave) opposed the College Avenue connection, citing safety for children and the street's inadequate infrastructure.
  • Curt Shenk Zehr (867 College Ave) requested maintaining woodland and removing the future road connection.
  • Mike Martin (35 Maplehurst Ave) corrected a comparison to Preston Lake and cited data showing housing growth does not automatically increase student enrollment (e.g., Rockingham County added 4,500 units 2014–2023 but lost 376 students).
  • Kasey Kettler (caller) supported the project for housing and walkability, but audio was poor.
• Council Discussion:
  • Council clarified that the 50‑ft right‑of‑way proffer is for a future road connection staff supports for grid connectivity, but both the neighborhood and developer agree it should remain a dead‑end (shared‑use path only). City Manager Ande Banks stated staff does not foresee making that connection in the near future. Council decided not to alter the proffer, noting any future connection would require a separate council decision and budget.
  • Council Member Jones praised the developer’s engagement and the neighborhood’s civil discourse. He noted Harrisonburg is running out of developable land.
  • Council Member Fleming said closing the road would reduce the likelihood of a connection but not prevent it entirely. He supported keeping it closed.
  • Vice‑Mayor Dent remarked that the 40‑ft buffer plus other setbacks provide a football‑field‑wide separation.
  • On noise, the developer said they are open to continuing dialogue but cannot commit to specific hours now because contractors are not yet selected.
• Votes (all 6–0):
  • 6d: Comprehensive Plan Map amendment approved.
  • 6e: Rezoning to R5C and R8C approved.
  • 6f: Special use permit for multifamily (>12 units/building) approved with conditions.
  • 6g: Special use permit for attached townhouses (max 8 units) approved with conditions.
  • 6h: Special use permit for reduced side yard setbacks approved with conditions.

Regular Items

• 7a. Donation Agreement – Build Our Park: Deputy City Attorney Wesley Russ presented a revised agreement aligning with the city’s 2022 donation policy. Build Our Park will fund construction; city will handle procurement. Council will appoint a non‑voting Build Our Park representative to the Parks & Recreation Advisory Committee. Approved 6‑0.

Supplementals

• 8a. School Board Supplemental ($270,000): For roof replacement at Keister Elementary and elevator replacement at Waterman Elementary. Funds from school fund balance; no city dollars. Approved 6‑0.
• 8b. Water Capital Projects Fund ($2,000,000): $1M for EPA grant proceeds and $1M for intake screens at North River and Dry River intakes to protect aquatic life. Approved 6‑0.

Reallocations

• 9a. ARPA Funds Reallocation ($40,000): Unspent balance from Northeast Neighborhood street paving redirected to Northeast Neighborhood sidewalk and trails project. Approved 6‑0.

Public Comments (non‑agenda)

• Sarah Blackstone (247 Emerald Drive): Requested amendments to city ordinances to allow Trap‑Neuter‑Return (TNR) for feral cats, citing ordinances that define ownership and abandonment. Distributed studies showing TNR reduces colony populations. She asked council to start a conversation.
• Bucky Berry: Criticized HPD as “top heavy,” urged council to work with the incoming Trump administration on immigration enforcement, and promoted his food drive (collected $100,000 in 2023, goal $120,000 in 2024).

Council & Staff Reports

• Council Member Jones: Highlighted the National League of Cities (NLC) Race, Equity and Leadership (REAL) conference; noted the B‑Cubed program’s success (about 100 black/brown businesses assisted); proud of the city’s equity work.
• Vice‑Mayor Dent: NLC conference; concerns that the new administration may reverse climate funding; applied to EPA Local Government Advisory Committee; HRMPO meeting update – new bus branding in December, Smart Scale scoring in January, I‑81 widening to start fall 2025.
• Mayor Reed: Parks & Recreation Commission tour of the skate park; spoke at NLC after‑school program panel; fourth annual turkey drive (75 families) and first responders; personal note on the passing of her neighbor.
• Council Member Robinson: Congratulated Mayor Reed and Vice‑Mayor Dent on reelection; toured new Public Works building; attended NLC conference (did the wobble dance); thanked the city for funding conference attendance.
• Council Member Fleming: Horizon Conference (immigrant community leadership); Harrisonburg Downtown Renaissance awards; JMU liaison meeting (data‑sharing project, university‑resident committee); Virginia First Cities board meeting; NLC – concerned about possible risk to tax‑exempt municipal bonds under new administration.

Boards & Commissions

• Planning Commission: Richard Baugh (reappointment to term expiring Dec 21, 2028) and Kate Nardi (reappointment to term expiring Jan 4, 2029). Approved by voice vote.
• Economic Development Authority: Mike Martin and William Holland appointed to first terms expiring Nov 26, 2028. Approved by voice vote.

Key Outcomes

• All voting items passed unanimously (6‑0) with roll call votes recorded.
• Quarry Heights entitlements approved: a major housing development (953 units) on the former Waterman Quarry site, including a comprehensive plan amendment, rezoning to R5C and R8C, and three special use permits (multifamily, attached townhouses, reduced side yard setbacks). The developer increased the vegetative buffer to 40 feet along College Avenue and offered a six‑foot privacy fence; the 50‑foot right‑of‑way for a future College Avenue connection remains in the proffers, but city staff does not plan to exercise it soon.
• The Build Our Park donation agreement was approved, aligning with the city's donation policy.
• Supplemental appropriations for school roof/elevator and water intake screens approved; ARPA funds reallocated to sidewalks and trails.
• Appointments made to Planning Commission and Economic Development Authority.
• Council heard requests to consider amending animal ordinances for TNR and will likely revisit the topic.