CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR CITY COUNCIL HON. BRADFORD C. ELLIS, VICE -MAYOR, WARD ONE HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. GEORGE C. SOLLEY, WARD TWO HON. FREDERIC N. HOWE, III, WARD THREE Council Chambers, 715 Princess Anne Street HON. BEATRICE R. PAOLUCCI, WARD FOUR Fredericksburg, Virginia 22401 December 11, 2012 7:30 p.m. Mayor Mary Katherine Greenlaw, Presiding 1. Call to Order 2. Invocation Councilor Frederic N. Howe 3. Pledge of Allegiance 4. Presentation A. Proclamation Formalizing the Agreement to Establish Sister City Partnership with Schwetzingen, Germany B. School Enrollment Projections and Facility Needs – Mr. Doug Westmoreland C. Comprehensive Annual Financial Report (CAFR) – Andrew Grossnickle (Council Members please bring your copy of the CAFR distributed at the last meeting for reference during this presentation.) 5. Comments from the Public City Council provides this opportunity each regular meeting for comments from citizens who have signed up to speak before the start of the meeting. To be fair to everyone, please observe the five-minute time limit and yield the floor when the Clerk of Council indicates that your time has expired. Decorum in the Council Chambers will be maintained. Comments that are not relevant to City business and disruptive are inappropriate and out of order. 6. Public Hearings A. Resolution 12- , Granting a Special Exception to Karl Gentry to Use the Structure Located at 630 Pelham Street for Two Dwelling Units 7. Council Agenda 8. Consent Agenda A. Transmittal of the Fred Transit Progress Report – November 2012 B. Transmittal of 2012 Analysis of Impediments to Fair Housing Choice C. Resolution 12-97, Second Read, Amending the Fiscal Year 2013 Budget by Appropriating $1,740,600 in the Transit Fund for Information Technology Projects and Replacement Buses Regular Meeting Agenda December 11, 2012 Page 2 D. Resolution 12- , Accepting Streets Within Idlewild Phase II into the City Street System and Petitioning the Virginia Department of Transportation to Accept the Streets into the State Street System E. Resolution 12- , Designating the City as a Hybrid Entity for Purposes of HIPAA and Identifying its Health Care Components F. Transmittal of Boards and Commission Minutes • Board of Social Services – October 12, 2012 • Economic Development Authority – October 15, 2012 • Fredericksburg Arts Commission – October 4, 2012 • Planning Commission – November 14, 2012 9. Boards and Commission A. Memorials Commission Reappointment – James M. Pates, Marilyn Holasek Lloyd 10. City Manager Agenda A. Resolution 12- , Amending the Contract (Design Services) for Fall Hill Avenue Widening/Mary Washington Boulevard Extension B. Resolution 12 - , Amending the Fiscal Year 2013 Budget by Appropriating Police Donations and Asset forfeiture Funding C. Resolution 12- , First Read, Amending the Fiscal Year 2013 Budget by Appropriating Fiscal Year 2012 Encumbrances D. Resolution12- , First Read, Amending the Fiscal Year 2013 Budget for Capital and Grant Carryovers E. Resolution 12- , Recognizing The Contributions Of The Fredericksburg Guard Association To The Community Of Fredericksburg, Authorizing The City Manager To Execute A Memorandum Of Understanding To Permit The Association To Restore An Historic Cannon Owned By The City, And Authorizing The City Manager To Execute An Agreement To Loan The Cannon To The Association F. City Council Goals and Initiatives & Work Plan Proposal G. City Manager Report H. Calendar 11. Adjournment PROCLAMATION WHEREAS, there has been longstanding friendship between the United States of America and the Federal Republic of Germany; and WHEREAS, in view of the numerous emigrants from the historic area of the Palatinate to Virginia from the 17th to the 19th century, and of the decades-long strong, friendly relations between the American soldiers, civilian employees and their families; and WHEREAS, the City of Schwetzingen, Baden-Württemberg, Federal Republic of Germany and Fredericksburg, Virginia, have built on this relationship over the past years through visits by residents and government officials of each city to the other; and WHEREAS, the City of Fredericksburg signed a letter of intent with Schwetzingen to formalize a permanent partnership of their cities and citizens in May 2010; and WHEREAS, the goal of the exchanges and the partnership relations is preservation and intensification of the German-American friendship on the local and regional level and the opening of both cities and cultures for interested citizens. NOW, THEREFORE, the Honorable Mary Katherine Greenlaw, Mayor of the City of Fredericksburg, Virginia, and the Honorable René Pöltl, Lord Mayor of the City of Schwetzingen, Germany, do formally declare the official joining of the two as Sister Cities. Duly signed, declared and proclaimed by the respective parties, this 11th day of December, 2012. ____________________________ ____________________________ Mary Katherine Greenlaw, Mayor Dr. René Pöltl, Lord Mayor City of Fredericksburg, Virginia City of Schwetzingen, Germany ITEM #6A STAFF MEMO Special Exception Karl Gentry SE 2012-05 Staff Recommendation: Approval with conditions. 1. Overview A. Request: The applicant requests approval of a special exception to construct two dwelling units in the existing structure. B. Applicant: Karl Gentry C. Owner of Property: Karl Gentry D. Site Details: Address 630 Pelham Street : Current Use Vacant E. Lot Acreage: Approximately 5,250 square feet F. Surrounding Zoning: R-4, Residential G. Surrounding Uses: Residential H. Planning Commission: November 14, 2012 I. Future Land Use Designation: Low Density Residential MEMORANDUM TO: Beverly R. Cameron, City Manager FROM: Raymond P. Ocel, Jr., Director of Planning and Community Development DATE: December 11, 2012 RE: SE2012-05: Karl Gentry ISSUE: This is a request by Karl Gentry to approve a special exception to construct two dwelling units in the building located at 630 Pelham Street. STAFF RECOMMENDATION: Staff recommends that the City Council approve the special exception with the conditions noted in the City Attorney’s resolution. PLANNING COMMISSION RECOMMENDATION: At its November 14th public hearing, the Planning Commission, by a vote of 4-1, recommended approval of the special exception permit as submitted by the applicant. Mr. McAfee opposed the application but did not comment on his opposition. During the public hearing, no members of the public spoke in regard to the application. BACKGROUND: This is a request to approve a special exception to utilize the existing structure located at 630 Pelham Street for two dwelling units. The property is comprised of two lots that are zoned R- 4, single family residential. The structure has been used for a variety of commercial uses during the past 40 years and those uses include the Nolde Brothers Bakery, Chesley’s Tackle Shop, and a wholesale postcard distributor, Cards Unlimited. The property has been vacant for approximately 3 years. As early as 1960, the zoning designation of the property has been residential. The previous uses of the property were non-conforming uses, a use no longer permitted in the zoning district in which they were located. While a non-conforming use may continue or be replaced with a use that is no more non-conforming than the previous use, it cannot be expanded or replaced with a more intense use. Since the property lost its non-conforming status, it has become increasingly difficult for the property owner to find a suitable tenant for a non-residential building in a residential zoning district. 2 The proposed use is not a listed use in the R-4 zoning district, so the property owner, Karl Gentry, is seeking a special exception to convert the structure into two dwelling units with 3 bedrooms per unit. One unit is proposed to be on the lower level and contain 2,000 square feet with the second unit located above the first unit and containing 1,700 square feet. A large concrete pad is located between the building and the street and can accommodate up to 6 vehicles. Properties immediately adjacent to 630 Pelham Street are zoned R-4 and contain single-family houses. The property at 636 Pelham Street is also zoned R-4, occupies a double lot, and contains two dwelling units within a single structure. SPECIAL EXCEPTION APPLICATION: As noted above, the applicant’s proposed use is not a use permitted by right or by special use permit within the R-4 zoning district. The previous uses of the property were non-conforming uses until the property lost its non-conforming status, due to a break in service of more than two years. The granting of a special exception will permit Mr. Gentry to use the building for two dwelling units. When the Planning Commission and City Council review, consider and act upon an application for a special exception under City Code 78-967, they shall do so using the following criteria: a. Whether the grant of a special exception is consistent with the City’s Comprehensive Plan; The future land use map contained within the Comprehensive Plan designates this property and the surrounding properties as medium density residential. Medium density residential is defined as up to eight dwelling units per acre. EXISTING LAND USE Planning Area 6, along with Planning Area 7, reflects the development patterns established when the streets of Fredericksburg were laid out in 1728. This area of the City is characterized by clearly defined neighborhoods. LAND USE POTENTIAL The property lies