Harrisonburg Planning Commission Meeting - December 11, 2024

The Harrisonburg Planning Commission met on Wednesday, December 11, 2024, at 6:00 PM in Council Chambers with six members present. The meeting covered four major new business items, including rezoning, zoning ordinance amendments for data centers and cash proffers, and a preliminary subdivision plat. All items were recommended for approval by unanimous 6-0 votes and will be forwarded to City Council on January 14, 2025.

Consent Calendar

• The minutes from the November 13, 2024 Planning Commission meeting were approved by a voice vote (motion by Baugh, second by Nardi).

Public Comments & Testimony

• Data Center Zoning Amendment (Item 3.b):
  • Dominique Kostelac, identified as a data center developer, opposed the amendment, describing it as a "holiday rewrite" and a change of rules midstream after two years of planning. He presented a vision for a community-scaled data campus on B-2 zoned land, emphasizing sustainability and economic opportunity.
  • John Serrell, a resident of 109 Fairway Drive, opposed the amendment, questioning why it was brought forward during the Thanksgiving holiday and alleging a roadblock to a specific project. He stated the data center at 139 Tyco Street has operated without issues.
  • Isaac Whitmer, a resident of Rockingham Drive and member of the Sierra Club, read a statement in support of more restrictive zoning, citing concerns about energy demand, greenhouse gas emissions, water use, noise, and impacts on the city's climate goals. He noted that the commercial sector is already the largest contributor to Harrisonburg's GHG emissions based on the 2022 inventory.
  • Emily Henry, an adjoining property owner and real estate agent, expressed surprise and criticized lack of city coordination. She supported the developer's green building plans and cautioned that changing rules after substantial investment sends a negative message.
• Cash Proffer Amendment (Item 3.c):
  • Emily Harris Henry, a resident and local real estate agent, opposed cash proffers, arguing they create a quid pro quo atmosphere that disadvantages small local builders who cannot afford large cash contributions. She advocated for value-based development over profit-driven projects.
  • Joseph Enedy, a resident of 420 Eastover Drive, expressed general support for proffers but requested clearer definitions for "residential development," "public transportation facilities," and "public safety facilities" to ensure proper administration and avoid unintended consequences.

Discussion Items

• 3.a. Rezoning of 160 Carpenter Lane (Florence LLC): The applicant (Scott Hovermale, Vice President of Business Development for Winchester Equipment Company) requested rezoning a ±2.91-acre parcel from B-2 (General Business) to M-1 (General Industrial) to allow relocation of their operations from 230 Charles Street. Staff confirmed the Comprehensive Plan designates the site as Industrial, and a Traffic Impact Analysis was not required as the project would not generate 100 or more new peak hour trips. No proffers were submitted. Commissioners noted the adjacent industrial uses and compatible land use. The motion to recommend approval passed 6-0.
• 3.b. Zoning Ordinance Amendment – Data Centers by Special Use Permit in M-1: Staff (Ms. Soffel) proposed creating a definition for "data center" and requiring a Special Use Permit (SUP) for data centers in M-1, removing the current by-right allowance. The presentation detailed types of data centers, Virginia's concentration (approximately 190 existing and over 300 proposed), and potential impacts (energy, water, noise, visual, electrical infrastructure). Commissioners discussed the need for case-by-case evaluation, environmental concerns, and the JLARC study released that week (December 9, 2024). Vice Mayor Dent noted a presentation from Loudoun County's data center expert confirming environmental risks. Chair Finnegan commended staff's proactive approach but expressed that data centers should be a state-level policy issue due to cross-jurisdictional impacts. The public hearing included opposition from developers and support from environmental advocates. The motion to recommend approval passed 6-0.
• 3.c. Zoning Ordinance Amendment – Acceptance of Cash Proffers: Staff (Ms. Dang) presented a draft amendment to remove the current prohibition on cash proffers in Section 10-3-123(b)(3). Since October 2024, staff consulted with Albemarle County, Arlington County, Goochland County, City of Fredericksburg, City of Manassas, and the Virginia Commission on Local Government. They reported that cash proffers are permissible for both residential and non-residential rezoning, with stricter rules for residential (limited to transportation, schools, public safety, and parks per Virginia Code §15.2-2303.4). Examples of calculation methods were discussed, and staff noted tracking and reporting capabilities. Commissioners addressed concerns about quid pro quo (citing case law prohibiting it), the impact on small builders, and administrative guidance. The motion to recommend approval passed 6-0.
• 4.a. Preliminary Subdivision and Street Right-of-Way Dedication for East Kaylor Park Drive (Rocktown High School): Staff (Ms. Rupkey) requested approval of a preliminary plat to subdivide ±61.274 acres and dedicate public street right-of-way for the extension of East Kaylor Park Drive. Three variances from the Subdivision Ordinance's Design and Construction Standards Manual (DCSM) were requested: variable right-of-way width (50 ft typical, but variable due to parking and paths), reduced street width (26 ft vs. 34 ft in no-parking sections), and tighter horizontal curves (225-228.7 ft radius vs. 250 ft minimum). All variances meet VDOT standards for local streets. Staff confirmed the traffic impact analysis showed southernmost entrance as highest traffic. Commissioners discussed the need to update the DCSM to reflect modern design philosophies (narrower streets for traffic calming). The motion to recommend approval passed 6-0.

Key Outcomes

• All four new business items (3.a, 3.b, 3.c, 4.a) were recommended for approval by the Planning Commission with unanimous 6-0 roll call votes. They will be forwarded to the Harrisonburg City Council for final action on January 14, 2025.
• The data center amendment changes the zoning ordinance to require a Special Use Permit for data centers in M-1 districts, providing local control over location and conditions.
• The cash proffer amendment removes the prohibition on accepting cash proffers, enabling the city to accept voluntary contributions for rezoning impacts, subject to state law requirements.
• The preliminary subdivision plat for Rocktown High School includes variances that align with VDOT standards, and staff will consider updating the DCSM in future code rewrites.
• The meeting adjourned at 7:56 PM. Next month's agenda will include election of officers, a zoning ordinance amendment for 895 North Liberty Street, and updates to commission rules and procedures.