Harrisonburg City Council Meeting, July 8, 2025: Development Approvals and Battery Storage Lease

The Harrisonburg City Council met on July 8, 2025, at 7:00 PM in Council Chambers, with Vice-Mayor Dany Fleming presiding due to Mayor Deanna R. Reed's absence. The meeting included special recognitions, public hearings on several development and rezoning requests, approval of a battery energy storage system lease and agreements, adoption of a revised Neighborhood Traffic Calming Program, and appointments to the Planning Commission. The meeting adjourned at 9:50 PM.

Special Recognitions

• Fire Chief Matthew Tobia and Lt. Erin Stehle recognized graduates of the Community Fire Academy. Chief Tobia highlighted the department's ISO Class 2 rating and progress toward Class 1.
• Vice-Mayor Fleming read a proclamation declaring July 2025 as Parks and Recreation Month. Matt Little, Special Events Manager, accepted the proclamation and introduced participants from the 50 and Wiser program and SOAR summer camp.

Consent Calendar

• Approved minutes from the June 24, 2025 City Council meeting.
• Approved amendments to Title 4 Chapter 2, Article 5, Sections 4-2-76.1 through 4-2-80 (Transient Occupancy Tax) on second reading.
• Both items were approved unanimously (4-0) with a roll call vote.

Public Comments & Testimony

• Billy Martinez (property owner, 201 South Avenue) spoke in support of the special use permit for a food truck, emphasizing the need for a quick solution to support a small business and pledging to complete required site improvements.
• Stacey Rose (applicant, 310 West View Street) called in to be available for questions on the rezoning request.
• Ed Blackwell (AES Engineering, applicant’s representative for the Vista at Forest Hills) explained that an additional floor was needed to meet accessibility requirements while maintaining the same number of units (119) and bedrooms (440). He noted that a new zoning ordinance allowed a setback reduction via special use permit, avoiding the need to purchase adjacent property.
• No one spoke during the public hearing for the battery storage property lease (6f).
• James Sheets (265 N. Main Street) during general public comments praised a new sidewalk at Reservoir Street, criticized a trespass notice issued on public transit, and accused city staff of violating his constitutional rights.

Discussion Items

Public Hearing 6a: Special Use Permit for Restaurant at 201 South Avenue

• Adam Fletcher (Community Development Director) presented the request to allow one mobile food truck at 201 South Avenue, zoned M1. The site had two non-compliant entrances; the proposal required closing the South High Street entrance, widening the South Avenue entrance to 30 feet, and obtaining proper electrical service, all within 60 days (with a possible 120-day extension). Staff and Planning Commission (7-0) recommended approval with five conditions.
• Council discussion focused on the food truck classification, parking requirements, and aesthetics. Council Member Dent noted that closing the South High Street entrance would improve safety and appearance.
• Vote: Approved 4-0 (Fleming, Dent, Alsaadun, Robinson yes; Mayor Reed absent).

Public Hearing 6b: Rezoning 310 West View Street

• Fletcher presented a rezoning from R-1 to R-8 (small lot residential) to allow reduced setbacks for a home addition. The applicant proffered that the property remain limited to one dwelling unit. Staff and Planning Commission recommended approval (7-0).
• Discussion clarified that R-8 allows reduced setbacks, while a variance would be more restrictive.
• Vote: Approved 4-0.

Public Hearings 6c, 6d, 6e: The Vista at Forest Hills – Rezoning and Special Use Permits at 810 Port Republic Road

• Fletcher presented three interrelated items for a mixed-use student housing/retail complex: a proffer amendment (rezoning) to allow an additional story on the rear (total 5 stories atop 3-story parking deck), a special use permit for multifamily/mixed-use, and a special use permit for reduced side/rear yard setbacks. The project would include 119 dwelling units (440 bedrooms), ground-floor retail, and a tiered parking garage. Staff and Planning Commission recommended approval (6-1, Commissioner Finnegan dissenting due to parking concerns).
• Ed Blackwell (applicant’s engineer) stated that the extra floor was needed to keep unit sizes larger for ADA compliance. The parking ratio is 1.35 spaces per unit, and the parking deck will have gated access per floor. The developer will contribute to a traffic signal, pedestrian improvements, and a shared-use path along Port Republic Road.
• Council Member Alsaadun expressed concern about traffic congestion and excess parking encouraging car use, suggesting alternatives like bike-sharing. Council Members Dent and Robinson supported the project, citing its proximity to campus, underground parking reducing heat island effect, and potential for future alternative transportation enhancements. Council Member Dent noted that JMUs upcoming master plan may improve campus housing and reduce car dependency.
• Votes: All three items passed 3-1 (Fleming, Dent, Robinson yes; Alsaadun no).

Public Hearing 6f and Regular Item 7a: Battery Energy Storage System (BESS) Lease and Agreements

• City Attorney Chris Brown and HEC General Manager Brian O’Dell presented a bundle of items: an ordinance granting a 15-year lease of a 11,000 sq ft city-owned parcel at 2230 Ramblewood Road to VMEA (Virginia Municipal Electric Association No. 1) for $1 per year, and a resolution authorizing HEC to enter into a BESS Output Purchase Agreement and Interconnection Agreement with RWE Clean Energy (15-year terms). The BESS will be a 7 MW, 14 MWh Tesla battery facility (two hours of storage) that charges off-peak and discharges during peak demand, reducing HEC’s wholesale power costs.
• O’Dell estimated $1.5 million annual savings to HEC ratepayers for the first five years (while under Dominion contract) and $3.1 million for all VMEA members. The contract is performance-based; if output degrades, payments decrease, and HEC can terminate. No upfront costs to the city or ratepayers; the lease is $1/year. Safety provisions include fire department approval and vegetative screening for noise. Decommissioning is required at contract end.
• Council discussion covered the all-or-nature of the VMEA agreement (seven municipalities), performance guarantees, and impact on rates. No public testimony was given.
• Vote on lease ordinance (6f): Approved 4-0. Vote on resolution (7a): Approved 4-0.

Regular Item 7b: Revised Neighborhood Traffic Calming Program Adoption

• Tom Hartman (Public Works Director) presented the updated program, which streamlines the previous process, replaces the 85th percentile speed criterion, adds an equity and scoring prioritization system, and removes the requirement for neighborhood petitions. The first intake period will be extended to October 1, 2025. A public meeting and survey showed unanimous support. Staff will implement the program immediately upon adoption.
• Council Member Dent inquired about including home daycares as scoring factors; Hartman noted they could be added later if data shows need.
• Vote: Approved 4-0.

Key Outcomes

• All six public hearing items were approved:
  • 6a (Special Use Permit – 201 South Avenue): Approved 4-0.
  • 6b (Rezoning – 310 West View Street): Approved 4-0.
  • 6c (Rezoning – 810 Port Republic Road): Approved 3-1 (Alsaadun dissenting).
  • 6d (Special Use Permit – Multifamily/Mixed-Use): Approved 3-1 (Alsaadun dissenting).
  • 6e (Special Use Permit – Setback Reduction): Approved 3-1 (Alsaadun dissenting).
  • 6f (BESS Lease Ordinance): Approved 4-0.
• Regular items approved:
  • 7a (BESS Resolution): Approved 4-0.
  • 7b (Revised Neighborhood Traffic Calming Program): Approved 4-0.
• Appointments: Kenneth Kettler and Randall Seitz were appointed to the Planning Commission (unexpired terms ending January 4, 2029 and December 31, 2027, respectively) by unanimous voice vote.
• Other: Council members reported on upcoming events, including the Mason Street block party (July 12), National League of Cities meetings, and an annual fire department pizza night (July 9).