CITY COUNCIL AGENDA J. Lloyd Snook, III, Mayor January 5, 2022 Juandiego Wade, Vice Mayor Sena Magill, Councilor Michael K. Payne, Councilor Brian R. Pinkston, Councilor Kyna Thomas, Clerk 5:30 PM Closed session as provided by Sections 2.2-3711 and 2.2-3712 of the Virginia Code (Boards and Commissions; legal consultation) Virtual/electronic meeting. Meeting begins and ends in open session. 6:30 PM Regular Meeting Register at www.charlottesville.gov/zoom. Virtual/electronic meeting in accordance with a local ordinance amended and re-enacted October 4, 2021, to ensure continuity of government and prevent the spread of disease during a declared State of Emergency. Individuals with disabilities who require assistance or special arrangements to participate in the public meeting may call (434) 970-3182 or submit a request via email to ada@charlottesville.gov. The City of Charlottesville requests that you provide a 48 hour notice so that proper arrangements may be made. CALL TO ORDER (City Manager) MOMENT OF SILENCE ROLL CALL ORGANIZATIONAL MEETING (led by City Manager) AGENDA APPROVAL (New Mayor) ANNOUNCEMENTS (and Update from Blue Ridge Health Department) RECOGNITIONS/PROCLAMATIONS BOARDS AND COMMISSIONS (Council Seats) CONSENT AGENDA* 1. Minutes: November 15 closed and regular meetings, December 6 work session, closed meeting and regular meeting 2. Resolution: Appropriating funds for COVID Homelessness Emergency Response Program (C.H.E.R.P.) Community Development Block Grant - $680,263 (2nd reading) 3. Resolution: Approving renewal of the City Market Sublease Agreement (1 reading) Removed for handling by city administration CITY MANAGER RESPONSE TO COMMUNITY MATTERS and to COUNCILORS COMMUNITY MATTERS Public comment for up to 16 speakers (limit 3 minutes per speaker). Preregistration available for first 8 spaces; speakers announced by Noon on meeting day (9:00 a.m. sign-up deadline). Additional public comment at end of meeting. Public comment will be conducted through electronic participation while City Hall is closed to the public. Participants can register in advance at www.charlottesville.gov/zoom. ACTION ITEMS 4. Ordinance: Consideration of the Park Street Christian Church Planned Unit Development requests (1st of 2 readings) a. Ordinance: Rezoning of approximately seven (7) acres of land, including one lot identified within City tax records as 1200 Park Street, Tax Map and Page 1 of 109 Parcel 470002120 from R-1 to PUD (Planned Unit Development) (1st of 2 readings) b. Resolution: Park Street Christian Church PUD Critical slopes waiver 5. Ordinance: Consideration of a rezoning request for approximately 9 acres of land, including multiple lots identified within City tax records as Tax Map and Parcel 470007100, 470011000 and 470008000 for a Planned Unit Development, also referred to as the MACAA PUD (1st of 2 readings) 6. Resolution*: FY21 Year-end Budget Appropriation (2nd reading) 7. Resolution: Adopting the City Council regular meeting schedule for 2022 (1 reading) 8. Resolution*: Consideration of a Critical Slope waiver request for 1223 Harris Street (1 reading) 9. Resolution*: Designating the MACAA Apartments site as a Revitalization Area (1 reading) GENERAL BUSINESS OTHER BUSINESS MATTERS BY THE PUBLIC *Action Needed Page 2 of 109 CHARLOTTESVILLE CITY COUNCIL MEETING November 15, 2021 Virtual/electronic meeting via ZOOM 5:30 PM CLOSED MEETING The Charlottesville City Council met in an electronic meeting on Monday, November 15, 2021, in accordance with a local ordinance amended and re-enacted on October 4, 2021, to ensure continuity of government and prevent the spread of disease during the coronavirus State of Emergency. At the conclusion of a 4:00 p.m. work session where all members of City Council were present: Mayor Nikuyah Walker, Vice Mayor Sena Magill, and Councilors Heather Hill, Michael Payne and Lloyd Snook, Council voted to meet in closed session at 5:44 p.m. On motion by Councilor Hill, seconded by Councilor Snook, Council voted 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none) to convene in closed session as authorized by Virginia Code Sections 2.2-3711 and 2.2- 3712, specifically: - Section 2.2-3711(A)(7) and (A)(8), for the purpose of consultation with legal counsel pertaining to legal matters announced by the police chief at a press conference, and probable litigation related to such matters, because consultation in an open meeting would adversely affect the City’s litigating or negotiation posture. On motion by Councilor Hill, seconded by Councilor Snook, Council certified by the following vote: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none), that to the best of each Council member’s knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the Motion convening the closed session were heard, discussed or considered in the closed session. The meeting adjourned at 6:30 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council 6:30 PM REGULAR MEETING The Charlottesville City Council met in an electronic meeting on Monday, November 15, 2021, in accordance with a local ordinance amended and re-enacted on October 4, 2021, to ensure continuity of government and prevent the spread of disease during the coronavirus State of Emergency. Mayor Walker called the meeting to order at 6:31 p.m., and City Council observed a moment of silence. Clerk of Council Kyna Thomas called the roll, noting all members present: Mayor Nikuyah Walker, Vice Mayor Sena Magill, and Councilors Heather Hill, Michael Payne and Lloyd Snook. Page 3 of 109 AGENDA APPROVAL On motion by Vice Mayor Magill, seconded by Councilor Hill, Council unanimously approved the meeting agenda. ANNOUNCEMENTS Councilor Hill announced holiday events being held on the Downtown Mall on December 4 and December 18. CONSENT AGENDA* Clerk of Council Kyna Thomas read the following Consent Agenda items into the record: 1. MINUTES: September 20 closed and regular meetings, September 28 work session, October 4 closed and regular meetings, October 12 special meeting, October 22 special meeting, October 26 joint meeting with PCRB 2. RESOLUTION: Appropriating funds for the Virginia Department of Education Special Nutrition Program Child and Adult Care Food Program - $50,000 (2nd reading) RESOLUTION APPROPRIATING FUNDS for Virginia Department of Education Special Nutrition Program Child and Adult Care Food Program - $50,000 WHEREAS, the City of Charlottesville, through Parks and Recreation, has received approval for reimbursement up to $50,000 from the Virginia Department of Education Special Nutrition Program to provide free dinner to children attending select drop-in afterschool centers; and WHEREAS, the grant award covers the period from period October 1, 2021 through September 30, 2022; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the sum of $50,000, received from the Virginia Department of Education Special Nutrition Program is hereby appropriated in the following manner: Revenue – $ 50,000 Fund: 209 Internal Order: 1900436 G/L Account: 430120 Expenditures - $50,000 Fund: 209 Internal Order: 1900436 G/L Account: 530670 BE IT FURTHER RESOLVED that this appropriation is conditioned upon the receipt of $50,000 from the Virginia Department of Education Special Nutrition Program. Page 4 of 109 3. RESOLUTION: Appropriating funds for Safe Routes to School Program (SRTS) Non- Infrastructure Grants - $39,000 (2nd reading) RESOLUTION APPROPRIATING FUNDS for Safe Routes to School Program (SRTS) Non-Infrastructure Grants $39,000 WHEREAS the Safe Routes to School Program (SRTS) non-infrastructure grant, providing Federal payments for education, encouragement, evaluation and enforcement programs to promote safe walking and bicycling to school has been awarded the City of Charlottesville, in the amount of $23,600; WHEREAS the SRTS program is an 80% reimbursement program requiring a 20% match from the City, of which $5,900 will come from in-kind contributions; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the following is hereby appropriated in the following manner: REVENUE $23,600 Fund: 209 Cost Center: 3901008000 G/L Account: 430120 $15,400 Fund: 209 Cost Center: 3901008000 G/L Account: 498010 EXPENDITURES $39,000 Fund: 209 Cost Center: 3901008000 G/L Account: 519999 TRANSFER FROM $15,400 Fund: 105 Cost Center: 2401003000 G/L Account: 561209 BE IT FURTHER RESOLVED that this appropriation is conditioned upon the receipt of $23,600 from the Virginia Department of Transportation. 4. RESOLUTION: Transferring Capital Funds from completed Fuel Station Project, completed Fleet Shop Improvements Project and incomplete Avon Salt Barn Project to Avon Fuel Station Project - $523,048.95 RESOLUTION Capital Funding Transfer from completed Fuel Station Project and Fleet Shop Improvements Project and incomplete Avon Salt Barn Project to Avon Fuel Station Project - $523,048.95 WHEREAS, the City of Charlottesville, conducted a closure of the 4th Street Fuel Station and the entire amount of the previously appropriated funding was not required; and WHEREAS, the City of Charlottesville completed Fleet facility and operation improvement projects and the entire amount of the previously appropriated funding was not required; and Page 5 of 109 WHEREAS, the City of Charlottesville has previously appropriated funding for the replacement of the Avon Street Salt Barn Project that is postponed; Transfer From $137,900.85 Fund: 426 WBS: P-00940 G/L Account: 599999 $133,853.89 Fund: 426 WBS: P-01001 G/L Account: 599999 $251,294.21 Fund: CP-018 WBS: P-00948-09 G/L Account: 599999 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the following is hereby transferred from previously appropriated funds in the following manner: Transfer To $523,048.95 Fund: 426 WBS: P-00980 G/L Account: 599999 5. ORDINANCE: Closing, vacating and discontinuing a portion (0.038 acre) of the public street right-of-way for Seminole Court (2nd reading) AN ORDINANCE CLOSING, VACATING AND DISCONTINUING A PORTION (0.038 ACRE) OF THE PUBLIC STREET RIGHT OF WAY FOR SEMINOLE COURT 6. RESOLUTION: Appropriating Department of Conservation and Recreation Recreational Trail Grant funds for Construction of Meadow Creek Bridges - $222,511.21 (carried) 7. RESOLUTION: Appropriating reimbursement received in connection with the Charlottesville Circuit Court renovation and addition project - $6,643.00 (carried) 8. RESOLUTION: Appropriating funds for Edward Byrne Memorial Justice Assistance Grant - $23,284 (carried) 9. RESOLUTION: Appropriating contribution from Charlottesville City Schools to the School Small Cap funded program for School Security Projects - $250,000 (carried) 10. RESOLUTION: Appropriating funds for Virginia Juvenile Community Crime Control Act Grant (VJCCCA) - $452,704 (carried) 11. RESOLUTION: Approving conveyance of a 2003 Pierce Quantum fire engine to the Charlottesville-Winneba Foundation RESOLUTION APPROVING A CONVEYANCE OF A 2003 PIERCE QUANTUM FIRE ENGINE TO THE CHARLOTTESVILLE-WINNEBA FOUNDATION Page 6 of 109 WHEREAS, the Charlottesville-Winneba Foundation has requested the City to donate to it certain property, specifically a 2003 Pierce Quantum Fire truck (the “Fire Engine”), vehicle identification number 4P1CT02S73A003437; and WHEREAS, the Fire Engine is currently in storage, and the City has no plans to use the Fire Engine for the provision of firefighting services in the future, and staff estimates the value of the Fire Engine to be around ($25,000). WHEREAS, pursuant to Virginia Code Sec. 15.2-953 City Council desires to convey the Fire Engine to the Charlottesville Fire Company, for eventual transfer to the City of Winneba, Ghana, through cooperative efforts between CFC and the Sister Cities Commission; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE that the Charlottesville City Manager is hereby authorized to convey all of the City’s rights, title and ownership interest in the Fire Engine to the Charlottesville Fire Company, in order that the Charlottesville Fire Company, in cooperation with the Sister Cities Commission, may arrange for the transfer and transportation of the Fire Engine to the City of Winneba, Ghana for its public use. 12. RESOLUTION: Appropriating American Rescue Plan (ARP) Funds from the Commonwealth for Utility Bill Assistance - $359,879.30 (carried) 13. RESOLUTION: Appropriating BAMA Works funds for Skate Park lighting - $100,000 (carried) On motion by Councilor Hill, seconded by Councilor Snook, Council by the following vote APPROVED the Consent Agenda: 4-0 (Ayes: Hill, Payne, Snook, Walker; Noes: none; Absent: Magill). CITY MANAGER RESPONSE TO COMMUNITY MATTERS and to COUNCILORS Deputy City Manager Sam Sanders provided the following updates: • Regarding a reference in the previous meeting to a prohibitive personnel policy, the incoming Director of Human Resources will be made aware to consider when developing the City of Charlottesville’s approach to human resources management. • Regarding the Collective Bargaining ordinance, Council will have a preliminary discussion at the December 6 meeting. He advised that the incoming City Manager and Human Resources Director would be involved going forward. • Regarding American Rescue Plan allocations and eligible uses, the Director of Finance continues to evaluate uses keeping in mind Council’s desire to prioritize staff. • Regarding staffing: o Employment offers are actively being negotiated for Directors of Human Resources, Parks and Recreation and Public Works. o Riaan Anthony was promoted to Deputy Director in Parks and Recreation. Page 7 of 109 COMMUNITY MATTERS 1. Kenneth Martin spoke about issues of massive resistance in Charlottesville and thanked Mayor Walker for her service on Council. 2. Katrina Turner spoke about the complaint filed by Dr. RaShall Brackney related to her employment termination. 3. Tanesha Hudson spoke of her request for an independent investigation into the treatment of Black leadership within the City of Charlottesville. She spoke about recent training for SWAT and restricted access for Chief Brackney, questioning the commitment to police reform. She spoke about the Lincoln Project response from Councilors and asked whether Council only responds to cries from White citizens. 4. Lucinda Shannon, Thomas Jefferson Planning District Commission staff person invited attendance to a virtual transit meeting on November 18 from 6:30 – 8:00PM. The project website URL is: tinyurl.com/transitvision 5. Robin Hoffman said that she was awarded a Mildred Spicer hero award, and she spoke of unsung heroes such as the late Cal Tate, former member of the City Communications Department. She also mentioned the exit of Brian Wheeler, Communications Director and praised Charlottesville Public Access TV. She encouraged people to get their Covid- 19 vaccine. 6. Kimber Hawkey shared concerns about the departures of Police Chief RaShall Brackney and Dr. Tarron Richardson. 7. Rebecca Quinn, city resident, spoke about Council procedures and practices as related to voting on an item the same night as its public hearing. 8. Vern Buchanan advised that Kudzu is taking over and will destroy other native vegetation on the John Warner Parkway. 9. Kevin Hildebrand expressed concern about the city's leaf collection system and urged bagged leaf collection to keep storm sewers clear. 10. John Hossack agreed with Rebecca Quinn and expressed concern about a 2-minute speaking time for the public hearing on tonight’s agenda. 11. Andrew Shelton advised that the current Council procedures seem to work fine, and he encouraged Council to support the Jefferson School request for the Swords into Plowshares project. 12. Nancy Carpenter encouraged Council to vote and accept the proposal from the Jefferson School African American Heritage Center to dispose of the Lee statue. Mayor Walker advised that the statue discussion would occur at the upcoming December 6 meeting. ACTION ITEMS 14. PUBLIC HEARING/RESOLUTION: Amending the Comprehensive Plan for the City of Charlottesville (including the Future Land Use Map) Mayor Walker introduced the item and advised of a two-minute speaker time limit based on the expected high volume of speakers. Page 8 of 109 James Freas, Director of Neighborhood Development Services, introduced Cville Plans Together Consultants. Jenny Koch from Cville Plans Together and RHI Consultants informed the public of Council's discussion during the 4:00 p.m. work session and of Council's participation in prior meetings with the Planning Commission. She then began the presentation, which included: • A Cville Plans Together Overview: Updating the future vision for the city, with a focus on equity and affordability • Purpose of the Comprehensive Plan update: o Updating the future vision for the City o Supporting the Affordable Housing Plan and shaping a more equitable community o Preparing for community growth and change • Housing and Affordability Needs o Charlottesville and Albemarle County are expected to add 15,000 households by 2040 and the University of Virginia is growing steadily. o Only 30% of the city’s residential-zoned land can be used for higher-density development (above a single-family level). − Single-family zoning and other land use restrictions have historically been used to create and enforce racial segregation. o Over 2,700 renter households in Charlottesville currently pay more than 50% of their income on rent and utilities, with most of these households earning less than $35,000 a year. • Affordable Housing Plan Overview o Vision: The City of Charlottesville will achieve a local housing market that is healthy, high quality, affordable, and above all, equitable. o Guiding Principles: Racial Equity, Regional Collaboration, Comprehensive Approach o Major Initiatives:  Dedicate $10M Annually to Affordable Housing  Build Inclusive Governance at All Levels  Adopt Progressive and Inclusionary Zoning Reforms o Recommendations Related To: Funding, Governance, Land Use, Tenants’ Rights, and Subsidy • Comprehensive Plan Update Process from 2017-2021 • Community Engagement Activities • Topics of Interest to the Community Ron Sessoms, Urban Planner/Urband Designer with RHI Consultants, shared an overview of the Comprehensive Plan as supported by functional plans such as: • Affordable Housing Plan • Bicycle and Pedestrian Master Plan • Streets That Work • Forthcoming Climate Action Plan, and Page 9 of 109 • Small Area Plans He shared: • Five Guiding Principles of the updated Plan: 1. Equity and Opportunity 2. Community Culture and Unity 3. Local and Regional Collaboration 4. Environmental Stewardship and Sustainability 5. Connections & Access • Seven Topic-specific Chapters of the Comprehensive Plan 1. Land Use, Urban Form, and Historic & Cultural Preservation 2. Housing 3. Transportation 4. Environment, Climate, and Food Equity 5. Economic Prosperity and Opportunity 6. Community Facilities and Services 7. Community Engagement and Collaboration • Six Priority Areas for Implementation: 1. Support the development of more housing throughout the city, with a focus on creation of more housing that is affordable to more people, especially those with the greatest need. 2. Make sure all people have access to shelter, food, job opportunities, and other resources they need to thrive and succeed. 3. Work to both mitigate and prepare for the impacts of climate change. 4. Make it safer, easier, and more desirable to walk, ride a bicycle, utilize public transportation, or use other non-single occupancy vehicle transportation options. 5. Keep Charlottesville green, make it greener, and protect the natural environment and the many benefits it provides. 6. Continue to evolve and improve communication and collaboration • Future Land Use Planning Objectives o Build upon land use recommendations from other plans. o Ensure citywide, equitable opportunities for additional housing. o Increase opportunities for development near community hubs and amenities, to maximize access. o Explore the potential of vacant or underutilized properties. o Establish correlations between the City’s land uses, UVA, and the County’s Urban Ring. o Increase access to transit, as well as walking and biking infrastructure. o Protect, preserve, and enhance natural and cultural resources. o Ensure long term economic sustainability of the City by planning for a wide range of commercial land use types. • Future Land Use Planning Process Page 10 of 109 • Future Land Use Map (FLUM) • Affordability: o The Future Land Use Map is only one factor contributing to increasing housing affordability for all income levels. o The Future Land Use Map sets the stage for allowing a more diverse housing stock throughout the city, including both rental and homeownership options. o Housing Affordability Framework Ms. Koch reviewed the Planning Commission recommendation and next steps. She shared information about the Comprehensive Plan and Zoning relationship. Mr. Freas thanked all who participated throughout the process and he recommended adoption of the Comprehensive Plan. Vice Mayor Magill asked about a Small Area Plan for the 10th & Page neighborhood. The meeting recessed at 7:55 p.m. and reconvened at 8:11 p.m. Mayor Walker opened the Public Hearing and gave a reminder of the two-minute speaking time. The following people spoke: 1. Maddy Green, CRHA Commissioner and city resident, spoke in favor. 2. Buzz Becker, city resident, spoke in favor. 3. Nancy Carpenter, city resident, spoke in favor. 4. Tracy Carlson, city resident, shared a scenario. 5. Angela Ciolfi, ED of Legal Aid Justice Center and city resident, spoke in favor. 6. Tim Giles, city resident, spoke in favor. 7. Gregory Weaver, city resident, spoke in favor. 8. Jennifer Sessions, city resident, spoke in favor. 9. Luis Oyola, city resident, spoke in favor. 10. Mark Whittle spoke in opposition to Medium Intensity Residential zoning. 11. Rebecca Deeds, city resident, on behalf of Preservation Piedmont spoke in favor. 12. Allison Gray, city resident, spoke in favor. 13. Gareth Gaston, city resident, spoke in favor. 14. Aileen Bartels, city resident, spoke in favor. 15. Brandon Collins, city resident, spoke in favor. 16. Elizabeth Stark, city resident, spoke in favor. 17. Mary Whittle, city resident, spoke in opposition. 18. Christine Bryant-Ryback, city resident, spoke in favor. Page 11 of 109 19. Josh Krahn, city resident, spoke in favor. 20. Susan Kruse, city resident and Executive Director of the Community Climate Collaborative (C3), spoke in favor. 21. Danny Yoder, city resident, spoke in favor. 22. Leonard Schoppa, Jr., city resident, spoke in favor of the Comprehensive Plan and delay of the FLUM. 23. Elizabeth Emrey, local pastor and representative of IMPACT, spoke in favor. 24. John Hossack, city resident, spoke in opposition. 25. Crystal Passmore, city resident, spoke in favor. 26. Josh Carp, city resident, spoke in favor. 27. Peter Krebs, city resident and member of the Piedmont Environmental Council, spoke in favor. 28. Miranda Elliott Rader, city resident, spoke in favor. 29. Charlotte Meadows, city resident, spoke in opposition pending further review. 30. James (David) Aller, city resident, spoke in opposition pending further review. 31. Noah Healy, city resident, asked for further access to information. 32. Benjamin Heller, city resident, spoke in opposition. 33. Diane Dale, city resident, spoke in opposition. 34. Martha Donnelly, landscape architect, advised that Chapter 7 should include information about transforming lawns into healthy ecosystems that provide food, shelter and cover for many species. 35. Matthew Gillikin, speaking on behalf of Livable Cville, spoke in favor. 36. Natalie Oschrin, city resident, spoke in favor. 37. Bill Emory, city resident, spoke in favor of a delayed vote, pending additional work. 38. Kaki Pearson, city resident, spoke favor of a delayed vote, pending additional work. 39. Andrea Massey, city resident, spoke in favor. 40. Kimber Hawkey, city resident, spoke in opposition. 41. Michael Lyster, city resident, spoke in opposition. 42. Sarah Malpass, city resident, spoke in favor. 43. Mark Kavit, city resident, spoke in opposition. 44. Nancy Summers, city resident, spoke in opposition. 45. Kevin Hildebrand, city resident, shared input and said that he was unsure of his position after hearing other speakers. Page 12 of 109 46. John Pfaltz, city resident, spoke in opposition. 47. Will Imbrie-Moore, Albemarle County resident, spoke in opposition. 48. Carmelita Wood, President of the Fifeville Neighborhood Association, spoke in favor. 49. Jake Mooney, city resident, spoke in favor. 50. Tanesha Hudson, spoke about privilege and about housing affordability efforts in the city. 51. Emily Yen, city resident, spoke in favor of the FLUM. 52. Ang Conn, city resident, spoke in favor. 53. Dave Norris, city resident, spoke in favor. 54. Christian Anderson, city resident, spoke in opposition. 55. Gary Eppard, city resident, spoke in opposition. 56. Robin Hoffman, city resident, spoke about holding developers accountable. 57. Ashton Gilmore, city resident, spoke in favor. 58. Vern Buchanan, city resident, spoke in opposition. 59. Jonathan Rice spoke about the need for better sidewalks. 60. Julia Whiting, city resident, spoke in opposition. 61. Jamelle Bouie, city resident, spoke in favor. 62. Ja'Mir Smith, city resident, spoke in favor. 63. Miss Simpson, city resident, spoke in opposition. 64. Greg Self, city resident, spoke in favor. 65. Andrew Shelton, city resident, spoke in favor. 66. James Groves explained reasons why he is skeptical of the plan. 67. Patricia Johnson, city resident, spoke in opposition pending further review. 68. Chris Schopper, former city resident, spoke in favor. 69. Don Gathers, city resident, spoke in favor. 70. Joy Johnson, city resident, spoke in favor. 71. John Sales, Executive Director of the Charlottesville Redevelopment and Housing Authority, spoke in favor. 72. Courtney Heyward, city resident, spoke in opposition pending further review. 73. Kathy Freer voiced a concern about holding developers accountable. Mayor Walker Closed the Public Hearing. Page 13 of 109 Councilor Snook expressed a desire to postpone voting based on several factors including the need for clarity around the Medium Intensity Residential (MIR) designation and implementation. Vice Mayor Magill suggested keeping the MIR overlay in the FLUM. Councilor Hill shared concerns about the MIR use and the approval of a draft map. Mayor Walker spoke about intentionality in the plan and whose voices are being considered. Council discussion continued and Councilor Payne asked about implementation, including throughout the Zoning re-write process. Ms. Koch and Mr. Freas answered a question about how Marketing Analyses would be used. Vice Mayor Magill moved to place the resolution on the December 6 agenda, and later withdrew the motion. On motion by Vice Mayor Magill, seconded by Councilor Payne, Council by the following vote APPROVED the resolution: 5-0 (Ayes: Hill, Magill, Payne, Snook, Walker; Noes: none). RESOLUTION TO APPROVE AMENDMENTS TO THE COMPREHENSIVE PLAN FOR THE CITY OF CHARLOTTESVILLE WHEREAS, in 2013 City Council adopted a Comprehensive Plan for the City of Charlottesville, and it has been amended from time to time thereafter (“2013 Comprehensive Plan”); WHEREAS, the Code of Virginia §15.2-2230 requires such plan be reviewed every five years, and commencing in May 2017 the Charlottesville Planning Commission ("Planning Commission") with the assistance of the City's Department of Neighborhood Development Services, and has undertaken a review of the City's 2013 Comprehensive Plan, and has determined that it would be advisable to update and amend such plan; WHEREAS, the Planning Commission made careful and comprehensive surveys and studies of existing conditions and trends of growth within the City, and of the probable future requirements of the City's territory and inhabitants, including surveys and studies, such as those contemplated within Code of Virginia §15.2-2224; WHEREAS, on October 12, 2021, following notice given in accordance with Code of Virginia §15.2-2204, a joint public hearing was conducted by the Planning Commission and the City Council on the proposed amendments to the 2013 Comprehensive Plan; WHEREAS, on October 12, 2021, the Planning Commission unanimously recommended approval of the 2021 Comprehensive Plan and directed that the 2021 Page 14 of 109 Comprehensive Plan be transmitted to City Council for consideration (“2021 Certified Comprehensive Plan”); and WHEREAS, as required by Code of Virginia §15.2-2225 a link to the proposed 2021 Certified Comprehensive Plan has/have been posted on the City’s website on which the Planning Commission generally posts information, and that is available to the public; WHEREAS, the 2021 Certified Comprehensive Plan transportation element was submitted to the Virginia Department of Transportation (“VDOT”) for review and comment in accordance with Code of Virginia §15.2-2223(B)(4), and VDOT has approved the proposed transportation element; WHEREAS, City Council desires that certain amendments to the 2021 Comprehensive Plan certified by the Planning Commission be made, to-wit: 1. In the LAND USE chapter, add the following sub-strategy to Strategy 1.2 following bullet two (“…preserve and enhance natural resources…”): “Require that zoning changes preserve and enhance historic cultural resources. In particular, require that development of historic properties within Historic Preservation Architectural Design Control (ADC) Districts, Historic Conservation (CV) Districts, or Individually Protected Property (IPP) maintain the National Register’s “contributing resource” designation.” 2. In the LAND USE CATEGORY DESCRIPTION: SENSITIVE AREA: Consider allowing additional units and height under a bonus program or other zoning mechanism with greater and deeper affordability than non-sensitive areas. 3. Revise LAND USE CATEGORY DESCRIPTIONS Table 2 "Residential" header to add "Zoning tools will regulate affordability and maximum allowable development for all categories and consider demolition disincentives as feasible". 4. Recommend that SENSITIVE AREA delineation should continue to be defined and additional means and metrics beyond Census Block Data need to be considered. (This will also require revisions to the description of Sensitive areas on page 25 in addition to the FLUM. This is additional text to the document for now.) WHEREAS, this Council finds and determines that, with the amendments desired by City Council, the 2021 Certified Plan has been made with the purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the territory within the City which will, in accordance with present and probable future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and general welfare of the city's inhabitants; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, that the aforesaid 2021 Comprehensive Plan certified by the City Planning Commission, amended to include the four (4) amendments made by City Council as noted above within this Resolution, is hereby approved and adopted as the official Comprehensive Plan of the City pursuant to Code of Virginia §15.2-2226, and shall hereafter be known as the City’s “Comprehensive Plan (2021)”. Page 15 of 109 15. ORDINANCE: Amending and reordaining Charlottesville City Code Chapter 14 (Licenses), Section 14-24 (Tax Incentives for Technology Businesses) to extend the eligibility period for five years to December 31, 2026 (carried) Chris Engel, Director of Economic Development, summarized the reauthorization request, recommending extension of the eligibility period. Commissioner of the Revenue Todd Divers and Mr. Engel provided clarification in response to questions from Council. Council agreed to move the item to the December 6 Consent Agenda. 16. RESOLUTION*: Approving the request to waive the Critical Slope requirements of City Code Section 34-1120(b) for the development project identified as "Lyman Street Residences" Brian Haluska, City Planner, summarized the resolution request, which came to Council on recommendation from the Planning Commission. On motion by Councilor Hill, seconded by Councilor Snook, Council by the following vote APPROVED the resolution: 4-1 (Ayes: Hill, Magill, Payne, Snook; Noes: Walker). RESOLUTION APPROVING THE REQUEST TO WAIVE THE CRITICAL SLOPE REQUIREMENTS OF CITY CODE SECTION 34-1120(b) FOR THE DEVELOPMENT PROJECT IDENTIFIED AS “LYMAN STREET RESIDENCES” WHEREAS BKKW, LLC, as the owner of City Real Estate Tax Map 59, Parcels 289.2 and 358E (the “Property”) requested a Waiver of the Critical Slopes requirements of City Code Sec. 34-1120(b)(6)(b) in connection with construction of a development of three single-family dwelling units and public street improvements on Lyman Street (the “Lyman Street Residences Project”); and WHEREAS the Planning Commission considered and unanimously approved this application at their October 21, 2021 meeting, subject to conditions set forth within the staff report; BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, hereby approves a Waiver of the Critical Slopes requirements for the Lyman Street Residences Project, subject to the following two (2) conditions: (1) the Site Plan for the Lyman Street Residences Project (VESCP Plan component) shall include, at a minimum, four (4) stages/phases of erosion and sediment control, the first of which shall be “Initial/Preliminary Controls” and outfall construction and the second of which (if required) shall include the establishment of a sediment trap and associated conveyances; and (2) “Super Silt Fence” (chain linked backing) shall be installed where perimeter silt fence is specified within the Site Plan (VESCP component). Page 16 of 109 17. ORDINANCE: Amending the Charlottesville Albemarle Convention and Visitors Bureau Agreement (carried) Chris Engel, Director of Economic Development, summarized the ordinance changes. The amendment was endorsed by the Charlottesville Albemarle Convention and Visitors Bureau Agreement (CACVB). Councilor Payne asked for clarification around the goals for the change. Mayor Walker advised of the need to review why changes were made to add city and county representatives several years ago. She agreed that industry representation and diversity on the board are essential components. Councilor Hill added information about reasons for suggested changes and encouraged councilors to speak with the CACVB Executive Director. Council agreed to move the item to the December 6 Consent Agenda. GENERAL BUSINESS 18. REPORT: Community Attention Youth Internship Program (CAYIP) Summer 2021 update Misty Graves, Interim Director for the Department of Human Services, introduced the report for the Community Attention Youth Internship Program. She introduced Annie Sechrist, who made the presentation. Councilor Hill applauded CAYIP for transforming the program to a virtual model. Mayor Walker encouraged paying a higher wage to interns. 19. REPORT: Land Use and Environmental Planning Committee (LUEPC) 2021 Semiannual Report (written only) Mayor Walker commented that the report should be a presentation. She provided background information about the formation of LUEPC and the desire to have more public meetings. Councilor Hill agreed. OTHER BUSINESS Mayor Walker advised that she and Councilor Hill should be part of the process to determine changes to the Housing Advisory Committee (HAC) before the December 20 City Council meeting. Page 17 of 109 MATTERS BY THE PUBLIC - Bill Emory thanked Brian Wheeler for his time with the City. He spoke about his own involvement with neighborhood preservation, particularly in the Woollen Mills neighborhood. He thanked Mayor Walker and Councilor Hill for their service on City Council. The meeting adjourned 12:10 p.m. Councilors Snook and Hill thanked Brian Wheeler for his service with the City of Charlottesville. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 18 of 109 CHARLOTTESVILLE CITY COUNCIL MEETING December 6, 2021 Virtual/electronic meeting via ZOOM 4:00 PM WORK SESSION Pursuant to Virginia Code Section 2.2-3712, the Charlottesville City Council met in work session on Monday, December 6, 2021, to hear reports. The meeting was held electronically pursuant to a local ordinance amended and re-enacted on October 4, 2021, to ensure the continuity of government and prevent the spread of disease during the coronavirus State of Emergency. Mayor Walker called to order at 4:02 p.m. and Clerk of Council Kyna Thomas called the roll, noting the following members present: Mayor Nikuyah Walker and Councilors Heather Hill, Michael Payne, and Lloyd Snook; and Vice Mayor Sena Magill absent for a family emergency. REPORTS 1. Governance related to the Charlottesville Affordable Housing Fund (CAHF) Deputy City Manager Sam Sanders made the presentation. He advised that the Office of Housing and Redevelopment was renamed the Office of Community Solutions, focusing on: 1. Affordable housing programs 2. Commercial revitalization and development 3. Neighborhood and constituent services Mr. Sanders shared the tenets of Affordable Housing Plan governance and requested next steps from Council for reconfiguring the Housing Advisory Committee (HAC). Council discussed their preferences and staff will present a final recommendation at the January 18, 2022 Council meeting. 2. Community Development Block Grant (CDBG)-HOME Program Task Force This report was tabled to a future meeting in the interest of time. 3. Annual Comprehensive Financial Report presentation from auditor and discussion of FY21 year-end results Chris Cullinan, Director of Finance, introduced the City's financial auditors. Michael Lupton and Matthew McClaren with Robinson, Farmer, Cox and Associates shared the following letter and report: Page 19 of 109 1. Communication with those Charged with Governance (required communication) 2. Independent Auditor's Report The auditors issued a clean opinion of the city's Annual Financial Report. Mr. Cullinan advised that the Finance Department would post a copy of the Annual Financial Report (AFR) on the City's website. He stated that concluding the AFR, the city realized a surplus of $5.5 Million from a combination of better than expected revenues and expenses. He shared two staff recommendations: 1. Appropriate $6.7 Million "downturn funds" set aside to the CIP contingency fund per the normal financial management policy. 2. Appropriate $5.5 Million for a series of employee compensation adjustments: a. Thank you for work completed during the pandemic. $3500 on a sliding scale according to hours reported for 11 out of 12 months in 2021. b. Proposed 6% Mid-year market adjustment to address effects of inflation and a competitive job market. c. Update on Classification and Compensation study Mayor Walker noted that the Infrastructure Bill was passed and should be part of the conversation, as dollars could be allocated to ensure that families are not in more poverty than when the pandemic began. Councilor Hill noted the School reconfiguration project. Councilors and City Management expressed thanks to city staff for work during a difficult time. The year-end appropriation is intended for a public hearing and first reading on December 20. PUBLIC COMMENT Mayor Walker opened the floor for comments from the public. - Brandon Collins spoke in support of the Housing Advisory Committee and asked about the use of CRHA as the city's housing arm, possibly a permanent place on the HAC. - Richard Allan asked Council to honor enslavement history with a Slave Auction Block Memorial. He asked that the parking spaces obstructing the slave block site be removed. CLOSED MEETING MOTION On motion by Councilor Hill, seconded by Councilor Snook, Council voted 4-0 (Ayes: Hill, Payne, Snook, Walker. Noes: none; Absent: Magill) to meet in closed session as authorized by Virginia Code Sections 2.2-3711 and 2.2-3712, specifically: Page 20 of 109 - Sections 2.2-3711(A)(1) and (A)(8) for the purposes of discussion and consideration of the appointment of individuals to City boards or commissions, and for consultation with legal counsel regarding disposition of statues and/or contracting for city management services. The work session adjourned at 5:51 p.m. and Council convened in closed session. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 21 of 109 CHARLOTTESVILLE CITY COUNCIL MEETING December 6, 2021 Virtual/electronic meeting via ZOOM 5:30 PM CLOSED MEETING The Charlottesville City Council met in an electronic meeting on Monday, December 6, 2021, in accordance with a local ordinance amended and re-enacted on October 4, 2021, to ensure continuity of government and prevent the spread of disease during the coronavirus State of Emergency. At the conclusion of a 4:00 p.m. work session where four members of City Council were present: Mayor Nikuyah Walker and Councilors Heather Hill, Michael Payne and Lloyd Snook, Council voted to meet in closed session at 5:51 p.m. Clerk of Council Kyna Thomas noted that Vice Mayor Sena Magill would not be able to join the meeting because of a family emergency. On motion by Councilor Hill, seconded by Councilor Snook, Council voted 4-0 (Ayes: Hill, Payne, Snook, Walker; Noes: none; Absent: Magill) to convene in closed session as authorized by Virginia Code Sections 2.2-3711 and 2.2- 3712, specifically: - Section 2.2-3711(A)(1) and (A)(8) for the purposes of discussion and consideration of the appointment of individuals to City boards or commissions, and for consultation with legal counsel regarding disposition of statues and/or contracting for city management services. On motion by Councilor Hill, seconded by Councilor Snook, Council certified by the following vote: 4-0 (Ayes: Hill, Payne, Snook, Walker; Noes: none; Absent: Magill), that to the best of each Council member’s knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the Motion convening the closed session were heard, discussed or considered in the closed session. The meeting adjourned at 6:32 p.m. BY Order of City Council BY Kyna Thomas, Clerk of Council 6:30 PM REGULAR MEETING The Charlottesville City Council met in an electronic meeting on Monday, December 6, 2021, in accordance with a local ordinance amended and re-enacted on October 4, 2021, to ensure continuity of government and prevent the spread of disease during the coronavirus State of Emergency. Mayor Walker called the meeting to order at 6:32 p.m. and City Council observed a moment of silence. Page 22 of 109 Clerk of Council Kyna Thomas called the roll, noting the following members present: Mayor Nikuyah Walker, Sena Magill, and Councilors Heather Hill, Michael Payne and Lloyd Snook, and advising that Vice Mayor Magill would not be able to join the meeting because of a family emergency. AGENDA APPROVAL On motion by Councilor Snook, seconded by Councilor Hill, Council by a vote of 4-0 approved the meeting agenda. ANNOUNCEMENTS (and Update from Blue Ridge Health Department) Dr. Denise Bonds, District Health Director, provided an update on coronavirus. She advised that there is an upward trend in new cases, mostly from the Delta variant, and she provided information about a new Omicron variant. Dr. Bonds advised that vaccination is the best defense against the virus. CONSENT AGENDA* Clerk of Council Kyna Thomas read the following Consent Agenda items into the record: 1. MINUTES: October 18 work session, closed meeting and regular meeting; November 1 regular meeting, November 5 special meeting, November 30 emergency/special meeting 2. RESOLUTION: Appropriating Department of Conservation and Recreation Recreational Trail Grant funds for Construction of Meadow Creek Bridges - $222.511.21 (2nd reading) RESOLUTION APPROPRIATING Department of Conservation and Recreation Recreational Trails Grant for Construction of Trail bridges over Meadow Creek - $222,511.21 WHEREAS, the City of Charlottesville, through Parks and Recreation, has been awarded an additional $178,008.97 from the Virginia Department of Conservation and Recreation to construct a bicycle and pedestrian bridge along Meadow Creek; and WHEREAS, the City will fund the required local match to this grant in the amount of $44,502.24 using previously appropriated fund in the Trails CIP fund (PR-001) account. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $222,511.21 is hereby appropriated in the following manner: Page 23 of 109 Revenue $178,008.97 Fund: 426 WBS: P-00905 G/L Account: 430120 Transfer From $44,502.24 Fund: 426 WBS: PR-001 G/L Account: 599999 Expenditure $222,511.21 Fund: 426 WBS: P-00905 G/L Account: 599999 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $178,008.97 from the Virginia Department of Conservation and Recreation. 3. RESOLUTION: Appropriating reimbursement received in connection with the Charlottesville Circuit Court renovation and addition project - $6,643.00 (2nd reading) RESOLUTION APPROPRIATING $6,643.00 REIMBURSEMENT RECEIVED IN CONNECTION WITH THE CHARLOTTESVILLE CIRCUIT COURT RENOVATION AND ADDITION PROJECT WHEREAS, the City of Charlottesville has received a reimbursement payment from FPW Architects, a professional design professional consultant rendering services to the City for the Charlottesville Circuit Court Renovation and Addition Project (“Project”); and WHEREAS, the reimbursement payment, in the amount of $6,643.00, is requested to be returned to the account from which the expenses for the Project are being paid; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville THAT the amount of $6,643.00 is hereby appropriated for Project expenditures, as follows: Revenues - $6,643.00 Fund: 426 WBS Element: P-00918 G/L Account: 451999 Expenditures - $6,643.00 Fund: 426 WBS Element: P-00918 G/L Account: 599999 4. RESOLUTION: Appropriating funds for Edward Byrne Memorial Justice Assistance Grant - $23,284 (2nd reading) Page 24 of 109 RESOLUTION APPROPRIATING FUNDS FOR Edward Byrne Memorial Justice Assistance Grant (JAG) Grant # 15PBJA-21-GG-01920- JAGX - $23,284 WHEREAS, the Office for Civil Rights, Office of Justice Programs, Department of Justice Edward Byrne Memorial Justice Assistance Grant Program Fiscal Year 2021 Local Formula awarded a grant to the Police Department, through the City of Charlottesville, to train three officers to become International Police Mountain Bike Association (IPMBA) certified instructors, to outfit additional patrol vehicles to transport bicycles, and outfit newly certified bicycle patrol officers with required equipment; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that a total of $23,284.00 be appropriated in the following manner: Revenues – $23,284.00 $23,284.00 Fund: 211 Internal Order: 1900444 G/L Account: 431110 Expenditures – $23,284.00 $4,452.00 Fund: 211 Internal Order: 1900444 G/L Account: 510060 $345.00 Fund: 211 Internal Order: 1900444 G/L Account: 511010 $9,658.00 Fund: 211 Internal Order: 1900444 G/L Account: 525266 $2,265.00 Fund: 211 Internal Order: 1900444 G/L Account: 530102 $2,864.00 Fund: 211 Internal Order: 1900444 G/L Account: 530103 $1,000.00 Fund: 211 Internal Order: 1900444 G/L Account: 530105 $2,700.00 Fund: 211 Internal Order: 1900444 G/L Account: 530140 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the reimbursement of funds or goods as supplied from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, Justice Edward Byrne Memorial Justice Assistance Grant Program. 5. RESOLUTION: Appropriating contribution from Charlottesville City Schools to the School Small Cap funded program for School Security Projects - $250,000 (2nd reading) RESOLUTION APPROPRIATING $250,000 CONTRIBUTION FROM CHARLOTTESVILLE CITY SCHOOLS TO THE SCHOOL SMALL CAP FUNDED PROGRAM FOR SCHOOL SECURITY PROJECTS WHEREAS, the City of Charlottesville has received $250,000 from Charlottesville City Schools to support school security projects; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville that the amount of $250,000 is hereby appropriated for Project expenditures, as follows: Page 25 of 109 Revenues - $250,000 Fund: 426 WBS Element: SC-003 G/L Account: 498900 Expenditures - $250,000 Fund: 426 WBS Element: SC-003 G/L Account: 599999 6. RESOLUTION: Appropriating funds for Virginia Juvenile Community Crime Control Act Grant (VJCCCA) - $452,704 (2nd reading) RESOLUTION APPROPRIATING FUNDS for Virginia Juvenile Community Crime Control Act Grant (VJCCCA) - $452,704 WHEREAS, the City of Charlottesville has been awarded $292,058 from the Virginia Department of Juvenile Justice; and WHEREAS, this grant requires local maintenance of effort funds in the amount of $52,231 from Albemarle County and $108,415 from the City; and WHEREAS, the grant award covers the period from July 1, 2021 through June 30, 2022. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $452,704 is hereby appropriated in the following manner: Revenue – $452,704 $292,058 Fund: 220 Cost Center: 3523001000 G/L Account: 430080 $52,231 Fund: 220 Cost Center: 3523001000 G/L Account: 432030 $108,415 Fund: 220 Cost Center: 3523001000 G/L Account: 498010 Expenditures - $452,704 $ 53,075 Fund: 220 Cost Center: 3523001000 G/L Account: 519999 $399,629 Fund: 220 Cost Center: 3523001000 G/L Account: 530010 BE IT FURTHER RESOLVED, that this appropriation is conditioned upon the receipt of $292,058 from Virginia Department of Juvenile Justice, and $52,231 from Albemarle County. Page 26 of 109 7. RESOLUTION: Appropriating American Rescue Plan (ARP) Funds from the Commonwealth for Utility Bill Assistance - $359,879.30 (2nd reading) RESOLUTION APPROPRIATING American Rescue Plan (ARP) Funds from the Commonwealth for Utility Bill Assistance $359,879.30 WHEREAS, the City of Charlottesville has received award approval for $359,879.30 from the American Rescue Plan from the Commonwealth of Virginia Department Housing and Development to use to assist utility customer bill arrearages of over 60 days owed between March 12, 2020 and August 31, 2021; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the sum of $359,879.30 is hereby appropriated in the following manner: Revenue-$359,879.30 Fund 207 I/O: 1900446 G/L Account: 430127 Expenditures - $359,879.30 Fund 207 I/O: 1900446 G/L Account: 599999 8. RESOLUTION: Appropriating BAMA Works funds for Skate Park lighting - $100,000 (2nd reading) RESOLUTION APPROPRIATING funding for Skate Park Lighting - $100,000 WHEREAS, the City of Charlottesville, through the through Parks and Recreation, has received match donations of 100,000 from BAMA Works to offset costs for Skate Park lighting. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, receive $100,000 match funds from BAMA Works is hereby appropriated in the following manner: Revenue $100,000 Fund: 426 WBS-P1034 G/L Account: 451020 Expenditures $100,000 Fund: 426 WBS-P1034 G/L Account: 599999 Page 27 of 109 BE IT FURTHER RESOLVED by the Council of Charlottesville, that any future donations for Skate Park Lighting shall be added to increase the budget of this appropriation. This appropriation shall not be deemed to expire at the end of the fiscal year, but is hereby appropriated in the ensuing fiscal year unless altered by further action of this Council. Should the full amount necessary to install the Skate Park Lighting not be fully secured, then the donations received for the project will be returned to those individuals or organizations who made the donations, in the amount of the original donation. 9. ORDINANCE: Amending and reordaining Charlottesville City Code Chapter 14 (Licenses), Section 14- 24 (Tax Incentives for Technology Businesses) to extend the eligibility period for five years to December 31, 2026 (2nd reading) AN ORDINANCE AMENDING AND RE-ORDAINING CHAPTER 14 (LICENSES), SECTION 14-24 (TAX INCENTIVES FOR TECHNOLOGY BUSINESSES) TO EXTEND ELIGIBILITY PERIOD FOR FIVE YEARS TO DECEMBER 31, 2026 10. ORDINANCE: Amending the Charlottesville Albemarle Convention and Visitors Bureau Agreement (2nd reading) AN ORDINANCE TO AMEND THE AGREEMENT TO OPERATE A JOINT CONVENTION AND VISITORS BUREAU 11. RESOLUTION: Appropriating funds from Progressive and National General Insurance companies for a loss associated with City of Charlottesville Traffic assets - $17,448.47 (carried) 12. RESOLUTION: Appropriating funds for Virginia Department of Transportation (VDOT) Bicycle and Pedestrian Safety Program for bicycle and pedestrian improvements at Preston Avenue and Harris Street - $245,725 (carried) 13. RESOLUTION: Appropriating funds for the Virginia Community Flood Preparedness Grant – Stormwater Management Model of Moores Creek Watershed - $307,000 (carried) 14. RESOLUTION: Appropriating 2020 Local Emergency Management Performance Grant (LEMPG) - $7,500 (carried) 15. RESOLUTION: Transferring funds from the Facilities Repair Fund to the Capital Improvement Program Fund - $90,000.00 Page 28 of 109 RESOLUTION APPROPRIATING FUNDS as a Transfer from the Facilities Repair Fund to the Capital Improvement Program Fund $90,000.00 WHEREAS, the City of Charlottesville is merging the funding in order to renovate two restrooms located in the City Warehouse; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the following is hereby transferred from previously appropriated funds in the following manner: Transfer From $90,000.00 Fund: 107 WBS: P-01059 G/L Account: 599999 Transfer To $90,000.00 Fund: 426 WBS: P-00992 G/L Account: 599999 16. RESOLUTION: Approving participation in the Virginia Opioid Litigation Settlement a. RESOLUTION: Approving participation in the proposed settlement of opioid-related claims against McKesson, Cardinal Health, Amerisourcebergen, Janssen, and their related corporate entities RESOLUTION APPROVING PARTICIPATION BY THE CITY OF CHARLOTTESVILLE IN THE PROPOSED SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST MCKESSON, CARDINAL HEALTH, AMERISOURCEBERGEN, JANSSEN, AND THEIR RELATED CORPORATE ENTITIES WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts the Commonwealth of Virginia and its cities and counties by adversely impacting, amongst other things, the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services; and WHEREAS, the Commonwealth of Virginia and its cities and counties have been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of Virginia; and Page 29 of 109 WHEREAS, settlement proposals have been negotiated that will cause McKesson, Cardinal Health, AmerisourceBergen, and Janssen to pay up to $26 billion nationwide to resolve opioid-related claims against them. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville that the City’s participation in the proposed settlement of opioid-related claims against McKesson, Cardinal Health, AmerisourceBergen, Janssen, and their related corporate entities (“settling entities”) is approved, and this Council hereby authorizes and directs the City Attorney to execute, on behalf of the City of Charlottesville and this Council, any and all documents necessary to effectuate the City’s participation in the settlements, including any required release of claims against the settling entities. b. RESOLUTION: Approving participation in the Virginia Opioid Abatement Fund and approving the City's execution of the Virginia settlement Allocation Memorandum of Understanding RESOLUTION APPROVING PARTICIPATION BY THE CITY OF CHARLOTTESVILLE IN THE VIRGINIA OPIOID ABATEMENT FUND AND APPROVING THE CITY’S EXECUTION OF THE VIRGINIA SETTLEMENT ALLOCATION MEMORANDUM OF UNDERSTANDING WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts the Commonwealth of Virginia and its cities and counties by adversely impacting, amongst other things, the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services; and WHEREAS, the Commonwealth of Virginia and its cities and counties have been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of Virginia; and WHEREAS, in order to advance their common interests, Virginia local governments and the Commonwealth of Virginia, through counsel, have extensively negotiated the terms of a memorandum of understanding relating to the allocation and use of litigation recoveries relating to the opioid epidemic (“Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding” or “MOU”) and the Council’s approval of the MOU will allow the City to participate in and receive proceeds from the opioid settlements. Page 30 of 109 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Charlottesville that the City’s participation in the Commonwealth of Virginia’s Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding is approved, and the City Manager is hereby authorized to execute the MOU on behalf of the City. The City Manager and City Attorney are each hereby authorized by this Council to execute, on behalf of the City of Charlottesville and this Council, any other or additional documents that may be necessary to effectuate the City’s participation in the MOU. Councilor Hill noted scrivener's errors corrected since the initial publication of the agenda packet. Krisy Hammill, Senior Budget and Management Analyst, clarified financial information about items 4, 5 and 6. Mayor Walker commented about Item 10, requesting more diverse representation on the Board and the need to create an organization that is intentional about ensuring more equitable tourism. Mayor Walker opened the floor for comments on the Consent Agenda. There were no speakers. On motion by Councilor Hill, seconded by Councilor Snook, Council by the following vote APPROVED the Consent Agenda: 4-0 (Ayes: Hill, Payne, Snook, Walker; Noes: none; Absent: Magill). CITY MANAGER RESPONSE TO COMMUNITY MATTERS and to COUNCILORS Deputy City Manager Sam Sanders provided the following updates: 1. Regarding Kudzu taking over the John Warner Parkway, he followed up with Public Works. They are addressing the issue with a multi-step process, while prioritizing funding, and additional resources are needed. 2. Regarding a suggestion to rethink the loose leaf collection system, he referred to priorities that arose from a survey in 2018-2019 that helped to inform the decision to move from bag collection for several reasons: 1) environmental concerns from the use of plastic bags, 2) budgetary impacts, and 3) optimizing overall efficiency, including efficient usage of limited staff time. He advised that the program will continue to be evaluated. 3. Regarding Midway Manor, the City Manager's Office has stayed in contact with property managers, but the City is limited in what it can do and has exhausted the options that are available. He noted that property managers are aware of the expectation Page 31 of 109 to repair the elevators and get them in working condition. The City is aware that there is a plan to change out the elevators during the first quarter of 2022. 4. He announced the hiring of the new department directors: Dana Kasler - Parks and Recreation, and Stacey Smalls - Public Works. Councilors Hill and Snook asked for further community education on the drainage systems affected by loose leaves, and blowing of air from the collection trucks. COMMUNITY MATTERS 1. Frank Bechter, city resident, requested that Council consider community creation of new names for the city’s “1/2” streets, as he has had trouble in various capacities of completing forms and receiving mail. 2. Kate Fraleigh, city resident, spoke in support of a strong Police Civilian Review Board (PCRB) and the ordinance that was written December 3, 2021. 3. Lisa Draine, city resident, thanked Mayor Walker for her service. She spoke in support of donating the Stonewall Jackson statue to the LAX Art Center, the Lewis, Clark and Sacajawea (LCS) statue to the Lewis and Clark Exploratory Center, and the Robert E. Lee statue to the Jefferson School African American Heritage Center (JSAAHC) for the Swords into Plowshares project. 4. Kimber Hawkey, city resident, spoke in opposition to the 0 Nassau Street rezoning request. 5. John Hossack, city resident, spoke in opposition to the 0 Nassau Street rezoning request. 6. Marvin Morgan, city resident and pastor, spoke in support of the Swords into Plowshares proposal from the JSAAHC. He shared information about the symbolism of broken chains at the feet of the Statue of Liberty and unrealized freedoms in the United States. He related this to a request to remove two parking spaces in front of the Slave Block Memorial. 7. Anthony Guy Lopez, non-city resident and member of the indigenous community, spoke in support of donating the LCS statue to the Lewis and Clark Exploratory Center. 8. Alexandria Searls, Executive Director of the Lewis and Clark Exploratory Center, spoke in support of the disposition of the LCS statue to the Lewis and Clark Exploratory Center, for contextualization of the statue as was communicated as a priority through the statue removal process. 9. James Groves, city resident, spoke in opposition to the 0 Nassau Street rezoning request. 10. Don Gathers, city resident, thanked Mayor Walker for her service and encouraged others to get the Covid vaccine. He asked Council to approve the PCRB ordinance as presented and spoke in support of the Swords into Plowshares proposal and the disposition of the LCS statue to the Lewis and Clark Exploratory Center. 11. Andrew Shelton spoke in support of the Swords into Plowshares proposal and the donation of the LCS statue to the Lewis and Clark Exploratory Center. He spoke about an Page 32 of 109 article in Cville Tomorrow from November 23 regarding the Police Department's SWAT Team. He spoke in opposition to re- enabling the SWAT Team. 12. Mary Whittle, city resident, spoke in opposition to the 0 Nassau Street rezoning request. 13. Rose Abrahamson, descendant of Sacajawea, spoke in support of disposition of the LCS statue to the Lewis and Clark Exploratory Center. 14. Robin Hoffman, city resident, spoke in support of community college. She encouraged people to get vaccinated for Covid. 15. Grace Softdeer Hays, non-city resident and member of the indigenous community, spoke in support of disposition of the LCS statue to the Lewis and Clark Exploratory Center, acknowledging the current struggle of missing indigenous women and girls. 16. Mary Bauer, Chair of the Human Rights Commission (HRC), spoke in support of disposition of the Robert E. Lee statue to the JSAAHC for the Swords into Plowshares project. She highlighted portions of a letter from the HRC regarding equity for the City's Black employees at all levels of the pay structure. Councilor Hill responded to comments about upzoning to clarify that Council has not voted on a new zoning plan. She also advised that the Historic Resources Committee is involved in a community engagement process for the Slave Block memorial. Mayor Walker encouraged the public to be engaged throughout the 12-18 month process for changes to the Zoning Ordinance. She shared comments about SWAT and other specialized police units, and the need to have discussions about goals regarding demilitarization of police departments. She also made comments about the equity and inclusion as mentioned by Mary Bauer, and the challenge with the lack of a Human Resources Director. The meeting recessed at 8:11 p.m. and reconvened at 8:27 p.m. ACTION ITEMS 9. ORDINANCE: Amending the Police Civilian Review Board Ordinance Councilor Snook provided a summary of the ordinance update. He advised that City Attorney Lisa Robertson provided comments regarding the December 3, 2021 ordinance draft, and those will be incorporated for final consideration when the item comes back to Council for a vote. He stated that the statute indicates a name change from Police Civilian Review Board to Police Civilian Oversight Board. Councilor Snook stated that from various conversations with members of City Council, it was agreed that the PCOB would not be given binding disciplinary authority. Mayor Walker mentioned that procedures should be attached to the ordinance and that staff capacity and budget should be considered in approving such an ordinance. She made suggestions for wording changes, asked for clarification in several areas, and suggested an opt-out provision Page 33 of 109 for ride-alongs. Councilors discussed aspects of the proposed ordinance such as who can file complaints, the PCRB budget and the board's unpredictable usage of legal counsel. Deputy City Manager Ashley Marshall and PCRB Executive Director Hansel Aguilar added context to the budget discussion, emphasizing also the unpredictability of complaint investigation expenses. At the request of Councilor Hill, Mr. Aguilar provided a brief overview of his recommendations related to the resolution passed by City Council in November 2019. Councilor Snook noted that Vice Mayor Magill has shared with him that she believes that those who should have standing to file a complaint are Complainants and direct witnesses. Mr. William Mendez, member of the PCRB ordinance workgroup, stated that the ordinance was slated for discussion on the December 8 PCRB meeting for a status update. In response to questions from Mr. Aguilar, City Attorney Robertson provided an explanation of a State statute that prohibits a law enforcement agency from sharing law enforcement records involving juveniles except for a list of people in the statute. Discussion ensued about timing for the PCRB Annual Report. No definitive date was decided. Mayor Walker encouraged councilors to watch the PCRB meeting for any items that may need to be considered and she asked whether draft operating procedures were available. Mr. Mendez mentioned that they were limited to meeting procedures. The updated ordinance will come back to Council for vote on December 20, 2021. 10. ORDINANCE: Approving the rezoning of land at 0 Nassau Street from R-2U (Two-Family Residential, University) to R-3 (Multifamily Residential) subject to preferred development conditions (1st of 2 readings) Matt Alfele, City Planner, provided a summary of the rezoning request, which was moved to City Council by the Planning Commission with a 7-0 vote. Nicole Scro, applicant with Justin Shimp (owner of the property), made a presentation with visual representation, advising that the property would include 1-room and 2-room units. Justin Shimp responded to questions from Councilor Payne regarding factoring in the flood plain and regarding the use of the greenhouse and playground. Ms. Scro advised that the playground is Page 34 of 109 mandatory, and the intention is for other community members to have access to the playground. City Attorney Robertson provided information to support ensuring that specific things are provided. Responding to Council questions Tony Edwards, the City's Flood Plain Administrator, provided information about flood plain designations, floodways, restrictions, elevations, and flood ordinance requirements. Council agreed to move the item to the December 20 regular agenda so that Vice Mayor Magill could provide input. Mayor Walker requested that information about the level of engagement for the playground be clearly stated, and that the developer look at area median income (AMI) with understanding of the utilities. 11. RESOLUTION: Approving a request to waive the Critical Slope requirements of City Code Section 34- 1120(b) to allow construction of a duplex at 0 Coleman Court (City Tax Map 49, parcels 112 and 112.2) Dannan O'Connell, City Planner, presented the request from Habitat for Humanity of the Greater Charlottesville Area. The proposal was considered at the November 9, 2021 Planning Commission meeting and approved with conditions. City staff also recommended approval with conditions. On motion by Councilor Hill, seconded by Councilor Snook, Council by the following vote APPROVED the resolution: 4-0 (Ayes: Hill, Payne, Snook, Walker; Noes: none; Absent: Magill). RESOLUTION APPROVING THE REQUEST TO WAIVE THE CRITICAL SLOPE REQUIREMENTS OF CITY CODE SECTION 34-1120(b) TO ALLOW CONSTRUCTION OF A DUPLEX AT 0 COLEMAN COURT (CITY TAX MAP 49, PARCELS 112 AND 112.2) WHEREAS Greater Charlottesville Habitat for Humanity (“Landowner”) is the record owner of certain land identified on City Real Estate Tax Map 49 as Parcels 112 and 112.2, together currently addressed as “0 Coleman Court” (the “Property”), and the Landowner is requesting a Waiver of the Critical Slopes requirements of City Code Sec. 34-1120(b)(6)(b) in connection with Landowner’s plan to construct a duplex on the Property; and WHEREAS existing Critical Slopes located on the Property include 0.52 acres, or approximately 60.6 percent of the area of the parcels; and Page 35 of 109 WHEREAS the Planning Commission considered and recommended approval of this application at their November 9, 2021 meeting, subject to conditions set forth within the staff report prepared for that meeting; BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, hereby approves a Waiver of the Critical Slopes requirements for the Property, to allow construction of a duplex by the Landowner, subject to the following conditions: (1) the limits of disturbance shall be staked in the field by a Professional Surveyor as a preliminary step, prior to installation of perimeter controls, (2) “Super Silt Fence” (chain linked backing) shall be installed along the entire limits of disturbance, where there is not existing or proposed impervious surfaces, and (3) The limits of disturbance (“LOD”) for the construction site, as established within the erosion and sediment control (E&S) plan for the construction, shall be expanded to provide for typical construction methods, or notes shall be provided within the E&S Plan describing limitations on modern construction equipment that will ensure that access will be within designated areas identified within the E&S plan for the construction (as depicted within the Landowner’s current plans, construction access from the front of the Property (the edge of the public right of way) to the rear boundary of the Property is provided only by 3 feet, between the limits of disturbance (LOD) and the building on the north side of the Property and 4.5 feet (with a 20% grade) on the south side of the Property, and there is a minimal 4.5 feet of area in the rear of the Property). 12. ACTION ITEM: Approval of 2022 Council Legislative Positions a. REPORT: Thomas Jefferson Planning District Commission (TJPDC) Proposed Legislative Positions (2022) – David Blount David Blount, legislative liaison with the Thomas Jefferson Planning District (TJPDC), presented the regional 2022 Legislative Program. On motion by Councilor Hill, seconded by Councilor Snook, Council by the following vote APPROVED the proposed regional legislative program: 4-0 (Ayes: Hill, Payne, Snook, Walker; Noes: none; Absent: Magill). b. REPORT: City Council Proposed Legislative Positions (2022) – Lisa Robertson City Attorney Lisa Robertson presented the City 2022 Legislative Program. Councilor Hill provided feedback on the formatting of the priorities for presentation to the General Assembly. Page 36 of 109 Mayor Walker commented about requirements for people running for City Council and the need to make a more equitable process. Councilor Snook commented about the likelihood of certain items on the list not moving forward with the change in the State elected officials power structure. Councilor Payne highlighted the importance of the grocery tax. Council agreed to add an Executive Summary to the main document. On motion by Councilor Hill, seconded by Councilor Snook, Council by the following vote APPROVED the proposed legislative program with recommended amendments for presentation: 4-0 (Ayes: Hill, Payne, Snook, Walker; Noes: none; Absent: Magill). Mayor Walker recessed the meeting at 10:38 p.m. and reconvened at 10:45 p.m. 13. ACTION ITEM: Approving the disposition of statues: Robert E. Lee, Thomas J. "Stonewall" Jackson, and Sacajawea-Lewis-Clark "Their First View of the Pacific" Deputy City Manager Marshall gave an overview of steps leading to this moment of decision for City Council regarding three statues previously located on City property: Robert E. Lee, Thomas J. "Stonewall" Jackson, and Sacajawea-Lewis-Clark "Their First View of the Pacific". The statues were discussed in the following order. a. Sacajawea-Lewis-Clark: Councilor Snook expressed interest in supporting the offer of $325,000 from a party in Texas. Mayor Walker, Councilor Hill and Councilor Payne did not show support for that offer. Mayor Walker expressed the desire to follow through with a moral decision versus a financial decision. Councilors expressed support for efforts to ensure accountability in determining the long-term recontextualization of the statue with input from the familial descendants of Sacajawea and members of the indigenous community. Council agreed to explore further the possibilities of enforcing conditions that align with Council's intent and vote on a resolution on December 20. City Attorney Robertson advised that Council would need to discuss how to handle the base of the statue which is still in its original location, and give basic direction to guide transfer of ownership or lease of the statue. b. Jackson statue: Council expressed a desire for staff to reach out to LAX Arts Center to see if they would be willing to procure the Jackson statue without the Lee statue, and if so, Council would vote on a resolution on December 20. Page 37 of 109 c. Lee statue: Council discussed a proposal from LAX Arts Center which included both the Jackson and Lee statues. Councilor Payne stated that the only option he would only consider for the Lee statue is the JSAAHC proposal. Councilor Hill proposed tabling the discussion until all five councilors could be present on December 20. Councilor Snook commented about the formulation of bronze and a possible problem with trying to repurpose the material with present methods. Mayor Walker suggested voting on disposition of the Lee statue at this meeting. Although councilors did not come to agreement to vote, they indicated a desire to vote on final disposition by year-end. *Council later in the meeting, after Matters by the Public decided to vote during this meeting. On motion by Councilor Hill, seconded by Councilor Payne, Council by a vote of 4-0 (Ayes: Hill, Payne, Snook, Walker; Noes: none; Absent: Magill) ADOPTED the resolution approving the final disposition of the Lee statue to The Jefferson School African American Heritage Center. RESOLUTION APPROVING A FINAL DISPOSITION OF THE STATUE OF CONFEDERATE GENERAL ROBERT E. LEE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE that the statue of Robert E. Lee is hereby donated, and ownership transferred, to The Jefferson School African American Heritage Center, a charitable institution or organization, in accordance with the provisions of Virginia Code §15.2-953. This disposition is final. GENERAL BUSINESS 14. DISCUSSION: Preliminary discussion about Collective Bargaining City Attorney Robertson introduced the item, providing background information and acknowledging the December 6, 2021 receipt of a revised proposed collective bargaining ordinance from the Amalgamated Transit Union seeking to represent Charlottesville’s transit employees. She noted that based on State law City Council has 120 days from the original receipt date of November 1 to decide whether or not to enact the ordinance, which would place the decision deadline at March 1, 2022. She advised that the Human Resources Director and City Manager are key roles that would work on the Collective Bargaining ordinance and both of those positions are vacant. Councilor Payne indicated support and a desire to know what type of budget allocation is Page 38 of 109 needed. He expressed concern about hiring a consulting firm. Councilors Hill and Snook indicated support and a need to determine what type of resources are needed. Mayor Walker indicated support, with the understanding of the need to fill key roles in city leadership. Deputy City Manager Sanders asked clarifying questions to: • Confirm Council’s sentiment in guiding the process by hiring a consulting firm or working with City leadership. Mayor Walker stated that it would depend on the expertise of the people filling the key City roles. • Determine the scope for identifying how many bargaining units and which staff would be represented by a union. Mayor Walker and Councilor Payne advised that they would be in favor of more employees being represented. Councilor Payne expressed concern about some consulting firms that have a history of working to water down or diverting efforts of employees to collectively bargain or unionize. OTHER BUSINESS Mayor Walker asked for an update on the Police Chief search. Attorney Roberts advised that staff would not be ready to address how the search will take place without a City Manager in place. MATTERS BY THE PUBLIC Mayor Walker opened the floor for comments from the public. - Kristin Szakos, city resident, asked Council to vote at this meeting on the disposition of Confederate statues rather than delay the vote. She spoke in support of the Swords into Plowshares proposal from the JSAAHC. - Ramona Martinez, local artist, spoke in support of the Swords into Plowshares proposal from the JSAAHC, advising that the project is viable according to the research conducted by the committee. - Linda Dukes urged Council to reconsider and vote at this meeting on disposition of the Confederate statues. - Don Gathers urged Council to reconsider and vote at this meeting on disposition of the Lee statue rather than delay, given the value that the JSAAHC has brought to the community. - Lena Seville urged Council to reconsider and vote at this meeting on disposition of the Lee statue. - Mark Kavit spoke in opposition to approving rezoning at 0 Nassau Street. - Ang Conn, city resident, urged Council to reconsider and vote at this meeting on disposition of the Confederate statues, and honor the requests of indigenous people and Black descendants in the community. Page 39 of 109 With no additional speakers coming forward, Mayor Walker closed Matters by the Public and asked if there was a will from Councilors to vote at this meeting. Councilor Payne advised that he would be willing to vote, as the vote would occur at this or the next meeting. Councilor Hill stated that she was not opposed to voting but thought it would be nice to vote on disposition of all statues at once and to have all five councilors present for the vote. She advised that she did not think waiting would change the outcome. Mayor Walker asked if there was a motion. As stated in Item 13 above, the motion and vote read as follows: On motion by Councilor Hill, seconded by Councilor Payne, Council by a vote of 4-0 (Ayes: Hill, Payne, Snook, Walker; Noes: none; Absent: Magill) ADOPTED the resolution approving the final disposition of the Lee statue to The Jefferson School African American Heritage Center. Mayor Walker adjourned the meeting at 12:13 a.m. BY Order of City Council BY Kyna Thomas, Clerk of Council Page 40 of 109 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: December 20th, 2021 Action Required: Approval and Appropriation Presenter: Misty Graves, Interim Director, Human Services Staff Contacts: Misty Graves, Interim Director, Human Services Title: COVID Homelessness Emergency Response Program (C.H.E.R.P.) – Community Development Block Grant Amendment ($680,263) Background: A C.O.V.I.D. Homelessness Emergency Response Program amended grant of $680,263 has been awarded to support non-congregate emergency shelter operations and administrative expenses from July 1, 2021 to March 31, 2022. The Thomas Jefferson Area Coalition for the Homeless plans, designs and coordinates the local homelessness continuum of care and is the provider of record for data collection. Discussion: The City of Charlottesville has staff from the departments of Human Services and Social Services taking leadership roles in the governance of T.J.A.C.H. This grant supports the additional costs associated with maintaining the required data associated with the C.O.V.I.D. global pandemic. Community Engagement: This grant and plan are the product of extensive engagement of the service provider community for persons experiencing homelessness. This partnership is reflective of the new governance model for T.J.A.C.H. and the priority requests of the Interfaith Movement Promoting Action by Congregations Together (IMPACT). Alignment with City Council’s Vision and Strategic Plan: This grant advances the City of Charlottesville’s Strategic Plan Goal #1 of an inclusive community of self-sufficient residents. Specifically, it will facilitate the objective of increasing affordable housing options. Budgetary Impact: This grant will be entirely Federal pass-through funds. No local match is required. There is no budget impact for the City of Charlottesville. All funds will be distributed to sub-recipients for Page 41 of 109 service provision. Recommendation: Staff recommends approval and appropriation of grant funds. Alternatives: Council may elect to not accept the funds and the community will not have the capacity to administer the following services to persons experiencing a housing crisis:. Emergemcy low- barrier shelter, coordinated assessment, rapid rehousing, H.M.I.S., coalition coordination and administration. Attachments: Appropriation Page 42 of 109 RESOLUTION APPROPRIATING funds for COVID Homelessness Emergency Response Program (C.H.E.R.P.) Community Development Block Grant - $680,263 WHEREAS, The City of Charlottesville, through the Department of Human Services, has received the C.H.E.R.P. Grant from the Virginia Department of Housing and Community Development in the amount of $680,263. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville,Virginia that the sum of $680,263is hereby appropriated in the following manner: Revenues $680,263 Fund: 209 IO: 1900448 G/L: 430120 Federal Pass Thru Expenditures $680,263 Fund: 209 IO: 1900448 G/L: 530550 Contracted Services BE IT FURTHER RESOLVED, that this appropriation is conditioned upon receipt of $680,263 in funds from the Virginia Department of Housing and Community Development. Page 43 of 109 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: January 3, 2022 Action Required: Approval of City Market Sub-Lease Presenter: Will Bassett, Business Manager, Parks & Recreation Staff Contacts: Justin McKenzie, City Markets Manager, Parks & Recreation Title: City Market Sub-Lease Background: Since 2015, the City Market has operated in the privately owned parking lot located at 100 Water Street. The market moved from the adjacent City-owned parking lot as part of the West 2nd Development project, which is no longer an active. The City Market has successfully operated at the 100 Water Street location for six (6) seasons with vendors and customers pleased with the larger and flatter space for the market. This sub-lease is to continue operating the City Market at the 100 Water Street parking lot for the 2022 season (April – December) and has the option for an auto- renewal each year while the City determines the next steps for a permanent home for the City Market. Discussion: Staff believes that keeping the market in its current location (100 Water Street) is the best course of action to maintain market continuity for vendors and customers. Approval of this sub-lease will allow the market to continue to operate in this lot while the City develops a different long-range plan for the City Market location. Community Engagement: No formal community engagement has been done with this item. However, many City Market vendors have expressed a desire to remain in the current location (100 Water Street). Vendors also expressed an overall satisfaction rate of 84% with the current location in a 2019 survey. Alignment with City Council’s Vision and Strategic Plan: This item aligns with City’s vision of Economic Sustainability which states: Our community has an effective workforce development system that leverages the resources of the University of Virginia, Piedmont Virginia Community College, and our excellent schools to provide ongoing training and educational opportunities to our residents. We have a business-friendly environment in which employers provide well-paying, career-ladder jobs and residents have access to small business opportunities. The Downtown Mall, as the economic hub of the region, features Page 44 of 109 arts and entertainment, shopping, dining, cultural events, and a vibrant City Market. The City has facilitated significant mixed and infill development within the City. This item also aligns with the following goals and objectives with the City’s strategic plan: Goal 4: A Strong, Creative and Diversified Economy Objective 4.3: Grow and Retain Viable Businesses Budgetary Impact: The sub-lease for the 2022 market season is $102,375. Lease payments will be made from the FY22 budget for April – June ($47,250) and FY23 for July – December ($55,125). Both are from the Parks & Recreation general fund budget. Recommendation: Staff recommends approval of this item. Alternatives: City Council could choose not to approve this sub-lease and the City Market could move back to its old location at City-owned metered parking lot. Staff would need to reduce the overall market by 20 vendors to fit within the old space. Additionally, the City would have to forgo parking meter revenue at the City-owned parking lot during the market season. Attachments: Attachment 1 – Draft Sublease Agreement Page 45 of 109 Page 46 of 109 Page 47 of 109 Page 48 of 109 Page 49 of 109 Page 50 of 109 Page 51 of 109 Page 52 of 109 Page 53 of 109 Page 54 of 109 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: January 3, 2022 Action Required: Consideration of an application for a Rezoning Presenter: Dannan O’Connell, City Planner, Neighborhood Development Services Staff Contacts: Dannan O’Connell, City Planner, Neighborhood Development Services Title: ZM21-0004 – Park Street Christian Church PUD, Rezoning request for Park Street Christian Church Background: Piedmont Housing Alliance, acting as agent for Park Street Christian Church, owners of Tax Map 47 Parcel 212 (“Subject Property”) has requested a zoning map amendment to reclassify the Subject Property to Planned Unit Development (“PUD”), subject to proffered development conditions (“proffers”). The Subject Property is currently zoned R-1, Single-Family Residential and is the location of Park Street Christian Church. The proposed development plan disturbs critical slopes on the Subject Property as defined by Sec. 34-1120(b)(2). A Critical Slopes Waiver (P21-0126) is included as part of this PUD application. Discussion: The Planning Commission considered this application at their meeting on December 14, 2021. The discussion centered on: • General support for affordable housing units as proposed in the project. • Discussion of drainage and utility infrastructure placement as shown on the conceptual plan. The applicants have proposed drainage and utility line placements within critical slope areas, although slope disturbance and tree clearing is minimized relative to the site. The staff report and supporting documentation presented to the Planning Commission can be found starting at page 85 at the following link: https://civicclerk.blob.core.windows.net/stream/CHARLOTTESVILLEVA/06b9b5aa-8d35- 4dfb-9491-66f6dd1078ae.pdf?sv=2015-12- 11&sr=b&sig=P95LHU%2FHWpyxzhOTGFD54fc85jMCYq%2BtFa%2By4I6%2F2cQ%3D&s t=2021-12-21T14%3A41%3A51Z&se=2022-12-21T14%3A46%3A51Z&sp=r&rscc=no- cache&rsct=application%2Fpdf Alignment with City Council’s Vision and Strategic Plan: The City Council Vision of Quality Housing Opportunities for All states that “Our neighborhoods retain a core historic fabric while offering housing that is affordable and attainable for people of all income levels, racial backgrounds, life stages, and abilities. Our neighborhoods feature a variety of housing types, including higher density, pedestrian and transit-oriented housing at employment and cultural centers. We have revitalized public housing neighborhoods that include a mixture of income and housing types with enhanced community Page 55 of 109 amenities. Our housing stock is connected with recreation facilities, parks, trails, and services.” The applicant proposes fifty new residential units to be offered exclusively as affordable housing for senior citizens. A public trail easement is included in the proposed proffers to provide pedestrian access through the Subject Property from Park Street and Cutler Lane to the nearby Rivanna Trail. Community Engagement: Per Sec. 34-41(c)(2), the applicant held a community meeting on August 10, 2021. (A City Planner was unable to attend as an NDS representative). Neighborhood concerns gathered from the community meeting are listed below. • Increased traffic on Park Street and Cutler Lane will be a problem. • Traffic counts provided in the traffic study are not considered accurate. • New development north of Park Street will increase future traffic near this site. • Concern over adequate parking for vehicles visiting the new apartment units. • Concern over increased stormwater runoff and flooding related to the new construction. The Planning Commission held a joint public hearing with City Council on this matter on December 14, 2021. Several members of the public spoke on the application. The members of the public raised concerns regarding: • Traffic counts provided in the traffic study are not considered accurate. • Concerns over increased traffic that would be generated by the development. Budgetary Impact: No direct budgetary impact is anticipated as a direct result of this rezoning. Recommendation: Staff recommends the application be approved. The Planning Commission voted 5 to 0 to recommend the application be approved. Alternatives: City Council has several alternatives following a public hearing: (1) by motion, approve the requested Rezoning as recommended by the Planning Commission with the following suggested motion; “I move the adoption of the Ordinance included in our agenda materials, rezoning land as requested within ZM21-0004, based on a finding that the proposed rezoning is required by public necessity, convenience, general welfare, or good zoning practice” (2) by motion, request changes to the attached ordinance, and then approve the Rezoning; (3) by motion, take action to deny the Rezoning; Or (4) by motion, defer action on the Rezoning. Attachments: A. Ordinance B. Final Proffer Statement Page 56 of 109 DRAFT 11/15/2021 BEFORE THE CITY COUNCIL OF THE CITY OF CHARLOTTESVILLE, VIRGINIA IN RE: PETITION FOR REZONING (City Application No. ZM-21-0004) STATEMENT OF PROFFER CONDITIONS TAX MAP PARCEL (TMP) 470002120 ZMA Number and Name: 2021-0004 PHA-PSCC REDEVELOPMENT Subject Property: TMP 470002120 (1200 Park Street) Owner: Park Street Christian Church Applicant: Piedmont Housing Authority (PHA) Date of Proffer Signature: _______________ _____, 2021 ZMA Request: 7.433 acres to be rezoned from R-1 Residential to Planned Unit Development TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF CHARLOTTESVILLE: The undersigned is the Owner of land subject to the above-referenced rezoning petition (the “Subject Property”). The Owner, represented by the rezoning applicant, Piedmont Housing Authority (the “Applicant”), seeks to amend the current zoning of the Subject Property to Planned Unit Development (PUD), subject to certain voluntary development conditions set forth below, in order to develop affordable housing on the Subject Property (the “Project”). The Owner hereby proffers and agrees that, if the Subject Property is rezoned as requested, the Subject Property will be developed in general accordance with, and the Owner will abide by, the approved Park Street Christian Church Property Senior Affordable Housing Planned Unit Development Application, dated September 3, 2021, last revised __________ (the “Application Plan”), and that the Subject Property shall also be subject the following conditions: 1. AFFORDABLE HOUSING: (a) The Owner shall cause one hundred percent (100%) of the residential units built on the Subject Property to be affordable dwelling units (ADUs), as defined below. (b) Affordability for rental dwelling units shall be defined as dwelling units that are affordable to households with incomes at not more than eighty percent (80%) of the Area Medium 1 Page 57 of 109 Income and that are committed to remain affordable for not less than thirty (30) years from the date of the issuance of the last certificate of occupancy for multi-family buildings on the Subject Property. Should any units be for-sale units, the affordability period for each of such units shall be not less than forty (40) years from the date conveyed to its first resident owner(s). (c) The affordability covenants of subparagraph (b) shall be recorded in the City land records as deed restrictions in form and substance consistent with the requirements of Virginia Housing as to each affected lot or parcel. 2. TRANSPORTATION IMPROVEMENTS: Prior to the approval of a certificate of occupancy for the first unit, the Applicant shall (a) remove vegetation on the Subject Property to provide adequate sight distance for vehicles exiting the Subject Property to turn onto Cutler Avenue; and (b) install a right out only direction curb island to permit right turn only out of the Project driveway onto Cutler Avenue. The Owner shall grant a sight distance easement to the City of Charlottesville upon request by the City. 3. PEDESTRIAN TRAILS: At the request of the City, and which may be a condition to the issuance of the first certificate of occupancy, the Owner shall dedicate to the City, at no cost to the grantee, a permanent fifteen-foot (15’) wide pedestrian trail easement in the general locations shown on the Application Plan, as will be more fully determined during site planning and depicted on the final, approved site plan for the Project and on the subdivision plat or separate easement plat, to provide public pedestrian access to the Rivanna Trail. 4. PARK STREET CROSSING: At the request of the City, and which may be a condition to the issuance of the first certificate of occupancy for the Project, the Owner shall provide a pedestrian street crossing at the southern intersection of Cutler Avenue and Park Street, consisting of high-visibility pavement markings, ADA curb ramps, and advanced signage. (Signature Page Immediately Follows) 2 Page 58 of 109 WHEREFORE, the undersigned Owner stipulates and agrees that the use and development of the Subject Property shall be in conformity with the conditions hereinabove stated and request that the Subject Property be rezoned as requested, in conformance with the Zoning Ordinance of the City of Charlottesville. Respectfully submitted this _____ day of _______, 2021. OWNER: PARK STREET CHRISTIAN CHURCH By: __________________________ Name: ________________________ Title: _________________________ PHA - PSCC Rezoning Proffers Submission 11-15-2021 Clean(46483204.1) 3 Page 59 of 109 ZM21-00004 AN ORDINANCE APPROVING REZONING APPLICATION ZM21-00004 APPROVING A REQUEST TO REZONE THE PARCEL OF LAND LOCATED AT 1200 PARK STREET, FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO PLANNED UNIT DEVELOPMENT (“PARK STREET PUD”) SUBJECT TO PROFFERED DEVELOPMENT CONDITIONS WHEREAS, in order to facilitate a specific development project, Piedmont Housing Alliance, as agent for Park Street Christian Church, the owner of the parcel of land designated on City Tax Map 47 as Parcel 212, and comprising 7.5 acres (collectively, the “Applicants”), seek a rezoning of such property from R-1 (Single Family Residential) to PUD (Planned Unit Development) (hereinafter the “Proposed Rezoning”) subject to proffered development conditions; and WHEREAS, in connection with the Proposed Rezoning, the Applicants submitted: (i) a written PUD Development Plan, dated September 03, 2021 (Revision #1 November 15, 2021), titled “PUD Development Plan”, and (ii) proffered development conditions submitted in writing to the City; and WHEREAS, a joint public hearing on the proposed rezoning was conducted by the Planning Commission and City Council on December 14, 2021, following notice to the public and to adjacent property owners, as required by law, and following the joint public hearing, the Planning Commission voted on December 14, 2021, to recommend that City Council should approve the Proposed Rezoning for the Project; and WHEREAS, this City Council has considered the details of the specific Project represented within the Landowners’ application materials for ZM21-00004; has reviewed the NDS Staff Report, public comments, the Planning Commission’s recommendation, and the Comprehensive Plan; and WHEREAS, this Council finds and determines that the public necessity, convenience, general welfare and good zoning practice requires the Proposed Rezoning; that both the existing zoning classification (R-1) and the proposed zoning classification (PUD subject to proffered development conditions) are reasonable; and that the Proposed Rezoning is consistent with the Comprehensive Plan; now, therefore, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that the Zoning District Map Incorporated in Section 34-1 of the Zoning Ordinance of the Code of the City of Charlottesville, 1990, as amended, be and hereby is amended and reenacted as follows: Section 34-1. Zoning District Map. Rezoning from R-1 (Single Family Residential) to PUD (Planned Unit Development) the parcel of land designated on City Tax Map 47 as Parcel 212 (1200 Park Street), subject to the following proffered development conditions (“Proffers”), which were tendered by the Applicant in accordance with law and are hereby accepted by this City Council: Approved Proffers The use and development of the Subject Property shall be subject to the following development conditions voluntarily proffered by the Landowners, which conditions shall Page 60 of 109 ZM21-00004 apply in addition to the regulations otherwise provided within the City’s zoning ordinance. Such proffers shall be binding to the Property, which means the proffers shall be transferred to all future property successors of the land: 1. Affordable Housing: (a) The Owner shall cause one hundred percent (100%) of the residential units built on the Subject Property to be affordable dwelling units (ADUs), as defined below. (b) Affordability for rental dwelling units shall be defined as dwelling units that are affordable to households with incomes at not more than eighty percent (80%) of the Area Medium Income and that are committed to remain affordable for not less than thirty (30) years from the date of the issuance of the last certificate of occupancy for multi-family buildings on the Subject Property. Should any units be for-sale units, the affordability period for each of such units shall be not less than forty (40) years from the date conveyed to its first resident owner(s). (c) The affordability covenants of subparagraph (b) shall be recorded in the City land records as deed restrictions in form and substance consistent with the requirements of Virginia Housing as to each affected lot or parcel. 2. Transportation Improvements: Prior to the approval of a certificate of occupancy for the first unit, the Applicant shall (a) remove vegetation on the Subject Property to provide adequate sight distance for vehicles exiting the Subject Property to turn onto Cutler Avenue; and (b) install a right out only direction curb island to permit right turn only out of the Project driveway onto Cutler Avenue. The Owner shall grant a sight distance easement to the City of Charlottesville upon request by the City. 3. Pedestrian Trails: At the request of the City, and which may be a condition to the issuance of the first certificate of occupancy, the Owner shall dedicate to the City, at no cost to the grantee, a permanent fifteen-foot (15’) wide pedestrian trail easement in the general locations shown on the Application Plan, as will be more fully determined during site planning and depicted on the final, approved site plan for the Project and on the subdivision plat or separate easement plat, to provide public pedestrian access to the Rivanna Trail. 4. Park Street Crossing: At the request of the City, and which may be a condition to the issuance of the first certificate of occupancy for the Project, the Owner shall provide a pedestrian street crossing at the southern intersection of Cutler Avenue and Park Street, consisting of high-visibility pavement markings, ADA curb ramps, and advanced signage. BE IT FURTHER ORDAINED THAT the City’s Zoning Administrator shall update the Zoning District Map to reflect this rezoning of the Subject Property subject to the proffered development conditions. Page 61 of 109 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: January 3, 2022 Action Required: Consideration of an application for a Critical Slope Waiver Presenter: Dannan O’Connell, City Planner, Neighborhood Development Services Staff Contacts: Dannan O’Connell, City Planner, Neighborhood Development Services Title: P21-0126 – Park Street Christian Church PUD, request for a Critical Slope Waiver Background: Piedmont Housing Alliance, acting as agent for Park Street Christian Church, owners of Tax Map 47 Parcel 212 (“Subject Property”) has requested a Critical Slope Waiver for the Subject Property to permit construction of a multifamily residential development with 50 apartment units and associated access and utility improvements. This waiver is presented in conjunction with a rezoning request (ZM21-0004) to Planned Unit Development (“PUD”) to accommodate the multifamily units. The Subject Property is currently zoned R-1, Single-Family Residential. Existing critical slope areas located on this Property include 2.83 acres or 38.1% of the project site. The applicable definition of “critical slope” is as follows: Any slope whose grade is 25% or greater, and (a) a portion of the slope has a horizontal run of greater than 20 feet, and its total area is 6,000 SF or greater, and (b) a portion of the slope is within 200 feet of a waterway. See Section 34- 1120(b)(2). Discussion: The Planning Commission considered this application at their meeting on December 14, 2021. The discussion centered on: • General support for affordable housing units as proposed in the project. • Discussion of drainage and utility infrastructure placement as shown on the conceptual plan. The applicants have proposed drainage and utility line placements within critical slope areas, although slope disturbance and tree clearing is minimized relative to the site. Alignment with City Council’s Vision and Strategic Plan: The City Council Vision of Quality Housing Opportunities for All states that “Our neighborhoods retain a core historic fabric while offering housing that is affordable and attainable for people of all income levels, racial backgrounds, life stages, and abilities. Our neighborhoods feature a variety of housing types, including higher density, pedestrian and transit-oriented housing at employment and cultural centers. We have revitalized public housing neighborhoods that include a mixture of income and housing types with enhanced community amenities. Our housing stock is connected with recreation facilities, parks, trails, and services.” Page 62 of 109 The applicant proposes fifty new residential units to be offered exclusively as affordable housing for senior citizens. A public trail easement is included in the proposed proffers to provide pedestrian access through the Subject Property from Park Street and Cutler Lane to the nearby Rivanna Trail. Community Engagement: In line with Section 34-1120(b)(6)(b), property owners and occupants within 500-feet of the subject property, as well as neighborhood association leaders, were notified of the Planning Commission’s meeting. The Planning Commission held a joint public hearing with City Council on this matter, along with the associated rezoning request for the property, on December 14, 2021. Several members of the public spoke on the rezoning; however, no specific concerns were noted regarding the Critical Slope Waiver. Budgetary Impact: No direct budgetary impact is anticipated as a direct result of this Critical Slope Waiver. Recommendation: Staff recommends the application be approved with conditions. The Planning Commission voted 5-0 to recommend the application be approved with conditions as proposed by staff. Alternatives: City Council has several alternatives: (1) by motion, approve the requested Critical Slope Waiver as recommended by the Planning Commission with the following suggested motion; “I move the adoption of the Resolution included in our agenda materials, granting this Critical Slope Waiver within P21-0126, based on a finding that due to unusual physical conditions, or the existing development of the property, compliance with the City’s critical slopes regulations would prohibit or unreasonably restrict the use or development of the property, per Section 34- 1120(b)(6)(d)(ii).” (2) by motion, request changes to the attached resolution, and then approve the Critical Slope Waiver; (3) by motion, take action to deny the Critical Slope Waiver; Or (4) by motion, defer action on the Critical Slope Waiver. Attachment: A. Proposed Resolution B. The staff report and supporting documentation presented to the Planning Commission can be found starting at page 155 at the following link: https://civicclerk.blob.core.windows.net/stream/CHARLOTTESVILLEVA/06b9b5aa- 8d35-4dfb-9491-66f6dd1078ae.pdf?sv=2015-12- 11&sr=b&sig=P95LHU%2FHWpyxzhOTGFD54fc85jMCYq%2BtFa%2By4I6%2F2cQ %3D&st=2021-12-21T14%3A41%3A51Z&se=2022-12- 21T14%3A46%3A51Z&sp=r&rscc=no-cache&rsct=application%2Fpdf Page 63 of 109 P21-00126 RESOLUTION APPROVING THE REQUEST TO WAIVE THE CRITICAL SLOPE REQUIREMENTS OF CITY CODE SECTION 34-1120(b) TO ALLOW CONSTRUCTION OF A PLANNED UNIT DEVELOPMENT AT 1200 PARK STREET (CITY TAX MAP 47, PARCEL 212) WHEREAS Park Street Christian Church (“Landowner”) is the record owner of certain land identified on City Real Estate Tax Map 47 as Parcel 212, currently addressed as “1200 Park Street” (the “Property”), and together with the Piedmont Housing Alliance (the “Applicant”), the Landowner is requesting a Waiver of the Critical Slopes requirements of City Code Sec. 34- 1120(b)(6)(b) in connection with the plan to construct a Planned Unit Development on the Property; and WHEREAS existing Critical Slopes located on the Property include 2.83 acres, or approximately 38.1 percent of the area of the parcels; and WHEREAS the Planning Commission considered and recommended approval of this application at their December 14, 2021 meeting, subject to conditions set forth within the staff report prepared for that meeting; BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, hereby approves a Waiver of the Critical Slopes requirements for the Property, to allow construction of a duplex by the Landowner, subject to the following conditions: 1) Site Plans (VESCP Plans) should include, at a minimum, 4 stages/phases of Erosion and Sediment (“E&S”) controls. The first phase shall include “Initial/Preliminary Controls”. Outfalls from any proposed traps shall be established with rigorous independent E&S controls, early in the sequence, prior to the establishment of a sediment trap and associated conveyances. 2) Any channels/diversions that convey ‘clear’ water shall be stabilized with sod on the ‘clear water’ side immediately after installation. 3) “Super Silt Fence” (chain linked backing) shall be installed where perimeter silt fence is specified. 4) Any disturbance occurring outside of conveyances to the trap, in either sequence or space, planned or unforeseen, shall be immediately stabilized with sod (for pervious areas, utilities should have other “same day stabilization”). 5) At no time shall concentrated water be directed toward the critical slopes without adequate conveyance down and beyond the slopes to an acceptable outfall. Page 64 of 109 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: January 3, 2022 Action Required: Consideration of an application for a Rezoning Presenter: Dannan O’Connell, City Planner, Neighborhood Development Services Staff Contacts: Dannan O’Connell, City Planner, Neighborhood Development Services Title: ZM21-0003 – MACAA PUD, Rezoning request for Monticello Area Community Action Agency (MACAA) Background: Piedmont Housing Alliance, acting as agent for Monticello Area Community Action Agency (MACAA) and 1023 Park Street LLC, owners of Tax Map 47 Parcels 71, 11 and 800 (“Subject Property”) has requested a zoning map amendment to reclassify the Subject Property to Planned Unit Development (“PUD”), subject to proffered development conditions (“proffers”). The Subject Property is currently zoned R-1, Single-Family Residential and is the location of the MACAAA school as well as two existing single-family homes. Discussion: The Planning Commission considered this application at their meeting on December 14, 2021. The discussion centered on: • General support for affordable housing units as proposed in the project. • Accessibility concerns regarding the proposed pedestrian connection to the 250 Bypass sidewalk. The applicants are proposing to re-use an existing paved driveway to connect the Subject Property to existing sidewalks. Stairs are proposed along this pathway due to the steep grade of the hillside, limiting accessibility for bicyclists and those with disabilities. The staff report and supporting documentation presented to the Planning Commission can be found starting at page 1 at the following link: https://civicclerk.blob.core.windows.net/stream/CHARLOTTESVILLEVA/37daad68-7659-4cff- a22d-7ee638646c7a.pdf?sv=2015-12- 11&sr=b&sig=WjM3ZGqRIvwyRllh2YF6DCfNcftMweFDIvmpFMBuiMY%3D&st=2021-12- 21T15%3A51%3A46Z&se=2022-12-21T15%3A56%3A46Z&sp=r&rscc=no- cache&rsct=application%2Fpdf Alignment with City Council’s Vision and Strategic Plan: The City Council Vision of Quality Housing Opportunities for All states that “Our neighborhoods retain a core historic fabric while offering housing that is affordable and attainable for people of all income levels, racial backgrounds, life stages, and abilities. Our neighborhoods feature a variety of housing types, including higher density, pedestrian and transit-oriented housing at employment and cultural centers. We have revitalized public housing neighborhoods that include a mixture of income and housing types with enhanced community amenities. Our housing stock is connected with recreation facilities, parks, trails, and services.” Page 65 of 109 The applicant proposes a maximum of 95 new residential units in a mix of apartments, duplex/townhome units and single-family homes. At least 80% of units will be offered as affordable housing according to the proposed proffers. A public trail easement is included in the proposed proffers to provide pedestrian access through the Subject Property from Park Street to the 250 Bypass sidewalk. Community Engagement: Per Sec. 34-41(c)(2), the applicant held a community meeting on August 10, 2021. (A City Planner was unable to attend as an NDS representative). Neighborhood concerns gathered from the community meeting are listed below. • Increased traffic on Park Street and Davis Avenue will be a problem. • Traffic counts provided in the traffic study are not considered accurate. • New development north of Park Street will increase future traffic near this site. • Desire for more pedestrian and trail access between Park Street and the 250 Bypass. • Desire for preserving on-site trees and landscaping near the adjacent properties. The Planning Commission held a joint public hearing with City Council on this matter on December 14, 2021. Several members of the public spoke on the application. The members of the public raised concerns regarding: • Traffic counts provided in the traffic study are not considered accurate. • Concerns over increased traffic that would be generated by the development. • Concentrating higher residential density within this site is not appropriate. Budgetary Impact: No direct budgetary impact is anticipated as a direct result of this rezoning. Recommendation: Staff recommends the application be approved. The Planning Commission voted 4 to 0 to recommend the application be approved. Alternatives: City Council has several alternatives following a public hearing: (1) by motion, approve the requested Rezoning as recommended by the Planning Commission with the following suggested motion; “I move the adoption of the Ordinance included in our agenda materials, rezoning land as requested within ZM21-0003, based on a finding that the proposed rezoning is required by public necessity, convenience, general welfare, or good zoning practice” (2) by motion, request changes to the attached ordinance, and then approve the Rezoning; (3) by motion, take action to deny the Rezoning; Or (4) by motion, defer action on the Rezoning. Attachments: A. Ordinance B. Final Proffer Statement Page 66 of 109 DRAFT11/15/2021 BEFORE THE CITY COUNCIL OF THE CITY OF CHARLOTTESVILLE, VIRGINIA IN RE: PETITION FOR REZONING (City Application No. ZM-21-0003) STATEMENT OF PROFFER CONDITIONS TAX MAP PARCELS (TMP) 470007100, 470008000, 470011000 ZMA Number and Name: 2021-0003 PHA-MACAA PUD REDEVELOPMENT Subject Property: TMP 470007100 (1025 Park Street) TMP 470008000 (1021 Park Street) TMP 470011000 (1023 Park Street) Owners: Monticello Area Community Action Agency (MACAA) and 1023 Park Street, LLC Applicant: Piedmont Housing Alliance (PHA) Date of Proffer Signature: _______________ _____, 2021 ZMA Request: 9.32 acres to be rezoned from R-1 Residential to Planned Unit Development TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF CHARLOTTESVILLE: The undersigned Virginia nonstock corporation and Virginia limited liability company are the owners of land subject to the above-referenced rezoning petition (the “Subject Property”). The owners, represented by the rezoning applicant, Piedmont Housing Alliance (the “Applicant”), seeks to amend the current zoning of the Subject Property to Planned Unit Development (PUD), subject to certain voluntary development conditions set forth below. The Owner hereby proffers and agrees that, if the Subject Property is rezoned as requested, Subject Property will be developed in general accordance with, and the Owner will abide by, the approved MACAA Redevelopment Planned Unit Development Submission PROPOSED LAND USE PLAN, dated September 3, 2021, last revised __________, prepared by BRW Architects (the “Application Plan”), and that the Subject Property shall also be subject to, and the Owner will abide by, the following conditions: 1 Page 67 of 109 1. AFFORDABLE HOUSING: (a) A minimum of eighty percent (80%) of the residential units built on the Subject Property will be affordable dwelling units (ADUs), as defined below. (b) Affordability for rental dwelling units shall be defined as dwelling units that are affordable to households with incomes at not more than eighty percent (80%) of the Area Medium Income and that are committed to remain affordable for not less than thirty (30) years from the date of the issuance of the last certificate of occupancy for multi-family buildings on the Subject Property. The affordability covenants of this subparagraph (b) shall be recorded in the City land records as deed restrictions in form and substance consistent with the requirements of Virginia Housing as to each affected lot or parcel. (c) Each for-sale ADU shall be affordable over a term of not less than thirty (30) years from the date of the recordation of the deed transferring the ADU to the first homeowner. Affordability shall be ensured by means of deed restrictions, which shall provide the seller a right of first refusal to repurchase each ADU and which shall provide that, if the right of first refusal is not exercised by the seller, then any sale of the ADU to a purchaser with household income greater than 60% of the Charlottesville Area Median Income (“AMI”) shall require profit-sharing and reinvestment of net proceeds from sale of the unit into at least one new ADU in the City. For purposes of this proffer 1(c), “affordability” means dwelling units that are affordable to households with incomes of not more than sixty percent (60%) of the Charlottesville AMI; the administration of the for-sale ADUs shall in other respects be governed by the provisions of City Code §34-12 (c) and §34-12(g). 2. TRANSPORTATION IMPROVEMENTS: Prior to the approval of a certificate of occupancy for the first unit, the Applicant shall construct road improvements at the intersection of Park Street and Davis Avenue as shown on the plan entitled, MACAA PUD DEVELOPMENT PLAN, dated September 3, 2021, last revised ______________, prepared by Timmons Group, specifically: (i) Relocation of the entrance into the Subject Property to align with Davis Avenue east of Park Street; (ii) Removal of fencing and vegetation, and maintenance of vegetation, to improve sight distance for vehicles exiting the Subject Property to turn onto Park Street; (iii) Elimination of the driveway directly accessing Park Street on Parcel 47000800 (1021 Park Street); (iv) Installation of a right out only direction curb island at the exit from the Subject Property onto Park Street to prevent left turns out of the driveway onto Park Street; and 2 Page 68 of 109 (v) Relocation of the existing pedestrian crosswalk across Park Street in accordance with the new entrance alignment, connecting the southern end of the driveway into the Subject Property with the southern end of Davis Avenue; the new pedestrian crosswalk shall consist of high-visibility pavement markings, ADA curb ramps, and advanced signage. 3. PEDESTRIAN/BICYCLE ACCESS EASEMENT: At the request of the City, and which may be a condition to the issuance of the first certificate of occupancy, the Owners shall dedicate to the City at no cost a permanent public easement for pedestrian and bicycle access in the general locations shown on the Application Plan, as will be determined with specificity during the site planning process and shown on the final approved site plan for the Subject Property and on the subdivision plat or separate easement plat, providing pedestrian and bicycle access from the public right-of-way / sidewalk system within the development through the Subject Property to the U.S. Route 29/250 Bypass multi-modal trail. (Signature Page Immediately Follows) 3 Page 69 of 109 WHEREFORE, the undersigned Owners stipulate and agree that the use and development of the Subject Property shall be in conformity with the conditions hereinabove stated and request that the Subject Property be rezoned as requested, in conformance with the Zoning Ordinance of the City of Charlottesville. Respectfully submitted this _____ day of _______, 202__. OWNERS: MONTICELLO AREA COMMUNITY ACTION AGENCY, a Virginia nonstock corporation By: ___________________________ Name: ________________________ Title: _________________________ 1023 PARK STREET, LLC, a Virginia limited liability company By: __________________________ Name: ________________________ Title: Manager PHA - MACAA Rezoning Proffers PC Submission 11-15-2021 Clean(46483229.1) 4 Page 70 of 109 ZM21-00003 AN ORDINANCE APPROVING REZONING APPLICATION ZM21-00003 A REQUEST TO REZONE LAND FRONTING ON PARK STREET AND THE ROUTE 250 BYPASS FROM R-1 (LOW DENSITY RESIDENTIAL) TO PUD (PLANNED UNIT DEVELOPMENT) SUBJECT TO PROFFERED DEVELOPMENT CONDITIONS WHEREAS, in order to facilitate a specific development project, Piedmont Housing Alliance, as agent for Monticello Area Community Action Agency (“MACAA”) and 1021 Park Street LLC (collectively, the “Applicants”), have submitted rezoning application ZM21-00003, proposing a change in the zoning classification (“rezoning”) of certain land fronting on Park Street and the Route 250 Bypass and accessible by the private lane Macaa Drive off Park Street, identified on Tax Map 47 as Parcels 470007100, 470011000, and a portion of 470008000 (collectively, the “Subject Property”), from R-1 (Single Family Residential) to PUD (Planned Unit Development), with said rezoning to be subject to proffered development conditions; and WHEREAS, in connection with the Proposed Rezoning, the Applicants submitted: (i) a written PUD Development Plan, dated September 03, 2021 (Revision #1 November 15, 2021), titled “MACAA PUD Development Plan”, and (ii) proffered development conditions submitted in writing to the City; and WHEREAS, a joint public hearing on the proposed rezoning was conducted by the Planning Commission and City Council on December 14, 2021, following notice to the public and to adjacent property owners, as required by law, and following the joint public hearing, the Planning Commission voted on December 14, 2021, to recommend that City Council should approve the Proposed Rezoning for the Project; and WHEREAS, this City Council has considered the details of the specific Project represented within the Landowners’ application materials for ZM21-00003; has reviewed the NDS Staff Report, public comments, the Planning Commission’s recommendation, and the Comprehensive Plan; and WHEREAS, this Council finds and determines that the public necessity, convenience, general welfare and good zoning practice require the proposed rezoning; that both the existing zoning classification (R-1) and the proposed zoning classification (PUD subject to proffered development conditions) are reasonable; and that the proposed rezoning is consistent with the Comprehensive Plan; now, therefore, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that the Zoning District Map Incorporated in Section 34-1 of the Zoning Ordinance of the Code of the City of Charlottesville, 1990, as amended, be and hereby is amended and reenacted as follows: Section 34-1. Zoning District Map. Rezoning all of the land designated on City Tax Map 47 as Parcels 470007100, 470011000, and a portion of 470008000 1 Page 71 of 109 ZM21-00003 (“Subject Property”), containing, in the aggregate approximately 9.05 acres (approximately 395,298 square feet), from R-1 (Single Family Residential) to PUD (Planned Unit Development), subject to the following proffered development conditions (“Proffers”), which were tendered by the Landowners in accordance with law and are hereby accepted by this City Council: Approved Proffers The use and development of the Subject Property shall be subject to the following development conditions voluntarily proffered by the Landowners, which conditions shall apply in addition to the regulations otherwise provided within the City’s zoning ordinance. Such proffers shall be binding to the Property, which means the proffers shall be transferred to all future property successors of the land: 1. Affordable Housing Units: (a) A minimum of eighty percent (80%) of the residential units built on the Subject Property will be Affordable Dwelling Units (ADU’s) as defined below. (b) Affordability of the rental dwelling units shall be defined as dwelling units that are affordable to households with incomes at not more than eighty percent (80%) of the Area Medium Income (“AMI”) and that are committed to remain affordable for not less than thirty (30) years from the date of the issuance of the last certificate of occupancy for multi-family buildings on the Subject Property. The Affordability covenants of this subparagraph (b) shall be recorded in the City land records as deed restrictions in form and substance consistent with the requirements of Virginia Housing as to each affected lot or parcel. (c) Each for-sale ADU shall be affordable over a term of not less than thirty (30) years from the date of the recordation of the deed transferring the ADU to the first homeowner. Affordability shall be ensured by means of deed restrictions, which shall provide the seller a right of first refusal to repurchase each ADU and which shall provide that, if the right of first refusal is not exercised by the seller, that any sale of the ADU to a purchaser with household income greater than sixty percent (60%) of the Charlottesville AMI shall require profit-sharing and reinvestment of net proceeds from the sale of the ADU into at least one new ADU in the City. For purposes of this Proffer 1(c), “affordability” means dwelling units that are affordable to households with incomes of not more than sixty percent (60%) of the Charlottesville AMI; the administration of the for-sale ADU’s shall in other respects be governed by the provisions of City Code §§ 344-12(c) and 34-12(g), respectively. 2. Transportation Improvements: Prior to the approval of a certificate of occupancy for the first unit, the Applicant shall construct the following road improvements, as depicted in the development plan: 2 Page 72 of 109 ZM21-00003 i. Relocation of the entrance into the Subject Property to align with Davis Avenue east of Park Street; ii. Removal of fencing and vegetation, and maintenance of vegetation, to improve sight distance for vehicles exiting the Subject Property to turn onto Park Street; iii. Elimination of the driveway directly accessing Park Street on Parcel 47000800 (1021 Park Street); iv. Installation of a “right-out only” direction curb island at the exit from the Subject Property onto Park Street to prevent left turns out of the driveway onto Park Street; and v. Relocation of the existing pedestrian crosswalk across Park Street in accordance with the new entrance alignment, connecting the southern end of the driveway into the Subject Property with the southern end of Davis Avenue. The new pedestrian crosswalk shall consist of high-visibility pavement markings, ADA curb ramps, and advanced signage. 3. Pedestrian/Bicycle Access Easement: The Landowners shall dedicate to the City, at no cost, a permanent public easement for pedestrian and bicycle access in the general locations shown on the Application Plan, as will be determined with specificity during the site planning process and shown on the final approved site for the Subject Property and on the subdivision plat or separate easement plat, providing pedestrian and bicycle access from the public right-of-way/sidewalk system within the development through the Subject Property to the U.S. Route 29/250 Bypass multi-modal trail. BE IT FURTHER ORDAINED THAT the City’s Zoning Administrator shall update the Zoning District Map to reflect this rezoning of the Subject Property subject to the proffered development conditions. 3 Page 73 of 109 CITY OF CHARLOTTESVILLE, VIRGINIA. CITY COUNCIL AGENDA. Agenda Date: January 3, 2022. Action Required: Council Appropriation (2nd of 2 readings). Presenter: Chris Cullinan, Director of Finance. Staff Contacts: Chris Cullinan, Director of Finance. Krisy Hammill., Senior Budget and Management Analyst. Title: Year-End Adjustments Fiscal Year 2021. Background: The audit for Fiscal Year (FY) 2021 has been completed. To close the City’s financial records for the year, several year-end adjustments to various accounts require City Council action. These adjustments are to carry over unspent funds from the last fiscal year to the current fiscal year. These carry overs are the result of either previous City Council policy direction or requirements associated with the funds. Discussion: For FY2021, the General Fund ended $5.5 million in excess of its 17% fund balance policy. COVID 19 influenced the City’s finances in FY 2021 as several economically sensitive revenues (Lodging Taxes, Meals Taxes, and Personal Property Taxes) performed under budget and below FY2020 levels. Fortunately, Real Estate Taxes (the City’s largest revenue source for the General Fund) performed slightly better than expected as real estate values increased and property owners were able to make their payments in full and on time. The City’s Sales Tax receipts also performed better than expected because of greater online sales during the pandemic and consumer spending on nondiscretionary goods (such as groceries). General Fund expenditures were below budget which helped offset reduced revenue performance. Several large departments had salary and benefit savings from vacant positions. Departments also saw savings as a result of reduced levels of service and closed facilities resulting from the pandemic. The City also used received $8.2 million of CARES Act funds which were used for eligible expenses in lieu of the City using its own funds (Note: the surplus General Fund revenues do not include CARES funds as these are accounted for in a separate fund). Recommendation/Carryover Request: Staff have three recommendations for City Council’s consideration: 1 Page 74 of 109 1. Transfer $6,674,971 from the Citywide Reserve-Economic Downturn account to the CIP Contingency account. The FY2021 budget included a reserve in anticipation of COVID 19 having a negative impact on the City’s revenues. This reserve was created by not transferring funds from the General Fund to the CIP. While this strategy was in contradiction to the City’s financial management policies, it was deemed prudent in light of the extraordinary and uncertain circumstances caused by the pandemic. As the fiscal year progressed, the City did not need to use these reserves. Now that the fiscal year is complete, staff recommends City Council transfer these funds to the CIP Contingency account in acknowledgement of how the reserve was created in the first place and the need for additional capital funds. 2. Transfer $5,503,327 from the General Fund fund balance to 2213001000 for employee compensation. Per City policy, the surplus fund balance amount is recommended to be transferred to the CIP Contingency account. However, discussions with City Council and city management indicate a desire that employee compensation be the focus of utilizing surplus funds. The proposed use of these funds includes: * A $3,500 bonus for all employees who worked full time between January 1, 2021 and November 26, 2021. This is “thank you” for their service and essential work during what has been a difficult year. For employees who joined the City during the year or are seasonal/part time/temporary, they will receive a pro-rated amount of the $3,500 based on when they started and/or hours worked during the year. * A 6% pay adjustment for all benefit eligible employees. This is a market adjustment which recognizes the need for the City to retain and recruit qualified employees. 3. Transfer $6,393 from General Fund fund balance to City Treasurer’s Office. In April of 2019, the City Treasurer’s Office opened a DMV Select Office in the lobby of City Hall. The agreement with the Commonwealth included language by which excess funds generated by the DMV transactions would be remitted to the Treasurer’s Office to compensate for additional processing costs. The amount listed above reflects the excess revenue from FY2021 due to the Treasurer’s Office in accordance with the DMV Select contract. In addition to these recommendations are several carry over appropriations needed to close the books for the fiscal year. These are detailed in the attached memo. Community Engagement: A public hearing was held on December 20, 2021. Budgetary Impact: As noted above, the recommended transfer from the Citywide Reserve-Economic Downturn account to the CIP Contingency account is in accordance with the City’s financial policy and contributes towards a “pay as you go” (PAYGO i.e. cash) C.I.P. versus issuing bonds. The bonus recommendation is a one- 2 Page 75 of 109 time expense which is an appropriate use of a one-time revenue. The midyear market adjustment does have on-going costs. Staff’s analysis of current year revenues and future revenues indicate these pay increases are sustainable in the future. Alignment with Council Vision Areas and Strategic Plan: This resolution aligns with Goal 4 of the Strategic Plan, to be a well-managed and successful organization. Recommendation: Staff recommend that Council approve the first reading of the attached resolution. Alternatives: Amend the recommendations. Attachments: 1. Memo- End of Year Adjustments. 2. FY 2021 Year End Appropriation. 3 Page 76 of 109 To: Members of City Council. From: Chris Cullinan, Director of Finance. Krisy Hammill, Senior Budget and Management Analyst. Date: December 20, 2021 Subject: Fiscal Year 2021 End of Year Adjustments. In order to close the City’s financial records for Fiscal Year 2021, City Council is requested approve the attached resolution to adjust certain accounts. Provided below is a brief description of the items contained in the various sections of the appropriation: • Section I - General Fund. • Section II - Facilities Repair Fund. • Section III – Grants Fund. • Section IV – School Gainsharing. Included are names of the department or program, the amount of the adjustment and a brief discussion of the reason(s) for the appropriation. I. General Fund. (a) Departmental Appropriations – Section 1 (a). The following appropriations are carryovers of unspent funds and shall be considered continuing appropriations unless further altered by Council. • City Treasurer’s Office. $6,393. (b) Additional Transfers and Appropriations – Section 1(b). • Transfer to Employee Benefits $5,503,327. There funds will be used for employee compensation. • Transfer to Capital Projects Fund $6,674,971. These funds will be transferred to the C.I.P. Contingency Fund per the City’s financial policy. II. Facilities Repair Fund. • Courthouse Maintenance (P-00099) - $6,130 - These unspent restricted court fees will be used for future court repair work or records conversion. The amount will be carried over in the Facilities Repair Fund. 4 Page 77 of 109 • Courthouse Construction (P-00783) - $8,014 – These unspent restricted court fees will be used for future renovations or construction projects relating to the courts and will be carried over in the Facilities Repair Fund. III. Grants Fund. These funds were received from outside sources and are being appropriated to be spent by the respective grants: • $1,384 – these funds will be used for additional qualifying State Fire Grant expenditures (1900010). IV. Schools Gainsharing. In 1998, the School Board and City Council entered into a gainsharing agreement. This agreement mandates that the first $100,000 to go to facilities for School Capital Improvement Projects, the next $100,000 is retained by the Schools in the General Fund and then any amount over $200,000 will be shared equally (50/50) between the School Board and the City. For the year ending June 30, 2021, the Schools had an operating surplus of $387,250. According to the formula, $100,000 will be contributed to the City’s School Lump Sum Project Fund, $193,625 will be retained by the City Schools and $93,625 will be returned to the City. Cc: Lisa Robertson, City Attorney. 5 Page 78 of 109 FY 2020 Year End Appropriation BE IT RESOLVED by the Council of the City of Charlottesville, Virginia, that the actions hereinafter set forth are herein authorized with respect to the accounts of the City listed herein, for the fiscal year ended June 30, 2021. The memo to Council dated December 20, 2021 is hereby made part of this appropriation. I. General Fund (105). (a) Departmental Appropriations. The following amounts shall be permitted to be carried over and expended in the General Fund’s respective cost centers or internal orders in the following fiscal year and shall remain as continuing appropriations unless further altered by Council: 1901001000 City Treasurer’s Office. $6,393. Total Section I (a). $6,393. (b) Additional Transfers and Appropriations. 2213001000. Transfer to Employee Benefits. $5,503,327. 9803030000. Transfer to Capital Projects Contingency Fund. $6,674,971. Total Section I (b). $12,178,298. II. Facilities Repair Fund (107). • Courthouse Maintenance (P-00099) - $6,130 - These unspent restricted court fees will be used for future court repair work or records conversion. The amount will be carried over in the Facilities Repair Fund. • Courthouse Construction (P-00783) - $8,014 – These unspent restricted court fees will be used for future renovations or construction projects relating to the courts and will be carried over in the Facilities Repair Fund. Total Section II. $14,144. III. Grants Fund (209). These funds were received from outside sources and are being appropriated to be spent by the respective grants: 6 Page 79 of 109 • $1,384 – these funds will be used for additional qualifying State Fire Grant expenditures (1900010). Total Section III. $1,384. IV. Schools Gainsharing. In 1998, the School Board and City Council entered into a gainsharing agreement. This agreement mandates that the first $100,000 to go to facilities for School Capital Improvement Projects, the next $100,000 is retained by the Schools in the General Fund and then any amount over $200,000 will be shared equally (50/50) between the School Board and the City. For the year ending June 30, 2021, the Schools had an operating surplus of $387,250. According to the formula, $100,000 will be contributed to the City’s School Lump Sum Project Fund and $193,625 will be retained by the City Schools. 7 Page 80 of 109 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: January 3, 2022 Action Required: Approval of Resolution Presenter: Lisa Robertson, City Attorney Staff Contacts: Lisa Robertson, City Attorney Kyna Thomas, Clerk of Council Title: City Council Regular Meeting Schedule for 2022 Background Local municipalities may approve a regular Council meeting schedule for the calendar year in order to establish meeting dates for the year. The proposed schedule includes variances according to holidays and summer break. Discussion Regularly scheduled City Council meetings take place on the first and third Mondays of each month at 6:30 p.m. in Council Chambers at City Hall, 605 E. Main Street. During the Covid-19 State of Emergency, regular meetings are held electronically or virtually. If a regularly scheduled Council meeting falls on a holiday, then the meeting will take place on Tuesday. Council has previously chosen to take a summer break and has discussed holding only one meeting in December. The regular Council meeting schedule for 2022 is below and may be modified after Council discussion: January 3 Tuesday, July 5 Tuesday, January 18 July 18 February 7 August 1 Tuesday, February 22 August 15 March 7 Tuesday, September 6 March 21 September 19 April 4 October 3 April 18 October 17 May 2 November 7 Page 81 of 109 May 16 November 21 June 6 December 5 Tuesday, June 21 December 19 Italics indicate an adjusted date due to a holiday. Alignment with City Council’s Vision and Priority Areas This aligns with Goal 4 of the strategic plan: Be a well-managed and successful organization. Attachment Resolution Page 82 of 109 RESOLUTION Approving the City Council Regular Meeting Schedule for 2022 BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the following dates are approved for regularly scheduled Council meetings for 2022: January 3 Tuesday, July 5 Tuesday, January 18 July 18 February 7 August 1 Tuesday, February 22 August 15 March 7 Tuesday, September 6 March 21 September 19 April 4 October 3 April 18 October 17 May 2 November 7 May 16 November 21 June 6 December 5 Tuesday, June 21 December 19 Italics indicate an adjusted date due to a holiday. BE IT FURTHER RESOLVED that these dates will be published on the City’s calendar at www.charlottesville.gov and posted at the Clerk of Council’s office; and BE IT FURTHER RESOLVED that should Council have a compelling reason to amend the schedule during the year, they may do so with a majority vote; should such a change occur, it will be publicized with a City press release, updated on the City’s calendar, and posted at the Clerk of Council’s office. Page 83 of 109 RESOLUTION ESTABLISHING THE DAYS, TIMES AND PLACES OF REGULAR MEETINGS OF THE CHARLOTTESVILLE CITY COUNCIL DURING CALENDAR YEAR 2022 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE, VIRGINIA THAT, pursuant to Virginia Code Sec. 15.2-1416, the regular meetings of the Charlottesville City Council shall be conducted on the following days, time, and places during calendar year 2022: Date Time Location Wednesday, January 5, 2022 Begins at 5:30 p.m. with Electronic meeting, due to (Annual organizational closed meeting agenda (if continuing state of emergency meeting) any); regular agenda begins at 6:30 p.m., or upon conclusion of the closed meeting agenda Tuesday, January 18, 2022 Begins at 4:00 p.m. with Electronic meeting, due to Reports; closed meeting continuing state of emergency agenda (if any) at 5:30; regular agenda begins at 6:30 p.m., or upon conclusion of the closed meeting agenda Monday, February 7, 2022 Begins at 5:30 p.m. with Electronic meeting, due to closed meeting agenda (if continuing state of emergency any); regular agenda begins at 6:30 p.m., or upon conclusion of the closed meeting agenda Tuesday, February 22, 2022 Begins at 4:00 p.m. with Electronic meeting, due to Reports; closed meeting continuing state of emergency agenda (if any) at 5:30; regular agenda begins at 6:30 p.m., or upon conclusion of the closed meeting agenda Monday, March 7, 2022 Begins at 5:30 p.m. with Electronic meeting, due to closed meeting agenda (if continuing state of emergency any); regular agenda begins at 6:30 p.m., or upon conclusion of the closed meeting agenda Monday, March 21, 2022 Begins at 4:00 p.m. with City Hall, Council Reports; closed meeting Chambers*, 605 East Main agenda (if any) at 5:30; Street, 2nd Floor, regular agenda begins at 6:30 Charlottesville, Virginia p.m., or upon conclusion of the closed meeting agenda (*Or: electronic meeting, if local state of emergency is continuing) Page 84 of 109 Monday, April 4, 2022 Begins at 5:30 p.m. with City Hall, Council closed meeting agenda (if Chambers*, 605 East Main any); regular agenda begins at Street, 2nd Floor, 6:30 p.m., or upon conclusion Charlottesville, Virginia of the closed meeting agenda (*By electronic meeting, if local state of emergency is continuing) Monday, April 18, 2022 Begins at 4:00 p.m. with City Hall, Council Reports; closed meeting Chambers*, 605 East Main agenda (if any) at 5:30; Street, 2nd Floor, regular agenda begins at 6:30 Charlottesville, Virginia p.m., or upon conclusion of the closed meeting agenda (*By electronic meeting, if local state of emergency is continuing) Monday, May 2, 2022 Begins at 5:30 p.m. with City Hall, Council closed meeting agenda (if Chambers*, 605 East Main any); regular agenda begins at Street, 2nd Floor, 6:30 p.m., or upon conclusion Charlottesville, Virginia of the closed meeting agenda (*By electronic meeting, if local state of emergency is continuing) Monday, May 16, 2022 Begins at 4:00 p.m. with City Hall, Council Reports; closed meeting Chambers*, 605 East Main agenda (if any) at 5:30; Street, 2nd Floor, regular agenda begins at 6:30 Charlottesville, Virginia p.m., or upon conclusion of the closed meeting agenda (*By electronic meeting, if local state of emergency is continuing) Monday, June 6, 2022 Begins at 5:30 p.m. with City Hall, Council closed meeting agenda (if Chambers*, 605 East Main any); regular agenda begins at Street, 2nd Floor, 6:30 p.m., or upon conclusion Charlottesville, Virginia of the closed meeting agenda (*By electronic meeting, if local state of emergency is continuing) Tuesday, June 21, 2022 Begins at 4:00 p.m. with City Hall, Council Reports; closed meeting Chambers*, 605 East Main agenda (if any) at 5:30; Street, 2nd Floor, regular agenda begins at 6:30 Charlottesville, Virginia p.m., or upon conclusion of the closed meeting agenda Page 85 of 109 (*By electronic meeting, if local state of emergency is continuing) Tuesday, July 5, 2022 Begins at 5:30 p.m. with City Hall, Council closed meeting agenda (if Chambers*, 605 East Main any); regular agenda begins at Street, 2nd Floor, 6:30 p.m., or upon conclusion Charlottesville, Virginia of the closed meeting agenda (*By electronic meeting, if local state of emergency is continuing) Monday, July 18, 2022 Begins at 4:00 p.m. with City Hall, Council Reports; closed meeting Chambers*, 605 East Main agenda (if any) at 5:30; Street, 2nd Floor, regular agenda begins at 6:30 Charlottesville, Virginia p.m., or upon conclusion of the closed meeting agenda (*B electronic meeting, if local state of emergency is continuing) Monday, August 1, 2022 Begins at 5:30 p.m. with City Hall, Council closed meeting agenda (if Chambers*, 605 East Main any); regular agenda begins at Street, 2nd Floor, 6:30 p.m., or upon conclusion Charlottesville, Virginia of the closed meeting agenda (*By electronic meeting, if local state of emergency is continuing) Monday, August 15, 2022 Begins at 4:00 p.m. with City Hall, Council Reports; closed meeting Chambers*, 605 East Main agenda (if any) at 5:30; Street, 2nd Floor, regular agenda begins at 6:30 Charlottesville, Virginia p.m., or upon conclusion of the closed meeting agenda (*By electronic meeting, if local state of emergency is continuing) Tuesday, September 6, 2022 Begins at 5:30 p.m. with City Hall, Council closed meeting agenda (if Chambers*, 605 East Main any); regular agenda begins at Street, 2nd Floor, 6:30 p.m., or upon conclusion Charlottesville, Virginia of the closed meeting agenda (*By electronic meeting, if local state of emergency is continuing) Monday, September 19, 2022 Begins at 4:00 p.m. with City Hall, Council Reports; closed meeting Chambers*, 605 East Main agenda (if any) at 5:30; Page 86 of 109 regular agenda begins at 6:30 Street, 2nd Floor, p.m., or upon conclusion of Charlottesville, Virginia the closed meeting agenda (*By electronic meeting, if local state of emergency is continuing) Monday, October 3, 2022 Begins at 5:30 p.m. with City Hall, Council closed meeting agenda (if Chambers*, 605 East Main any); regular agenda begins at Street, 2nd Floor, 6:30 p.m., or upon conclusion Charlottesville, Virginia of the closed meeting agenda (*By electronic meeting, if local state of emergency is continuing) Monday, October 17, 2022 Begins at 4:00 p.m. with City Hall, Council Reports; closed meeting Chambers*, 605 East Main agenda (if any) at 5:30; Street, 2nd Floor, regular agenda begins at 6:30 Charlottesville, Virginia p.m., or upon conclusion of the closed meeting agenda (*By electronic meeting, if local state of emergency is continuing) Monday, November 7, 2022 Begins at 5:30 p.m. with City Hall, Council closed meeting agenda (if Chambers*, 605 East Main any); regular agenda begins at Street, 2nd Floor, 6:30 p.m., or upon conclusion Charlottesville, Virginia of the closed meeting agenda (*By electronic meeting, if local state of emergency is continuing) Monday, November 21, 2022 Begins at 4:00 p.m. with City Hall, Council Reports; closed meeting Chambers*, 605 East Main agenda (if any) at 5:30; Street, 2nd Floor, regular agenda begins at 6:30 Charlottesville, Virginia p.m., or upon conclusion of the closed meeting agenda (*By electronic meeting, if local state of emergency is continuing) Monday, December 5, 2022 Begins at 5:30 p.m. with City Hall, Council closed meeting agenda (if Chambers*, 605 East Main any); regular agenda begins at Street, 2nd Floor, 6:30 p.m., or upon conclusion Charlottesville, Virginia of the closed meeting agenda (*By electronic meeting, if local state of emergency is continuing) Page 87 of 109 Monday, December 19, 2022 Begins at 4:00 p.m. with City Hall, Council Reports; closed meeting Chambers*, 605 East Main agenda (if any) begins at Street, 2nd Floor, 5:30; regular agenda begins at Charlottesville, Virginia 6:30 p.m., or upon conclusion of the closed meeting agenda (*By electronic meeting, if local state of emergency is continuing) BE IT FURTHER RESOLVED THAT any regular meeting may be adjourned from day to day, or from time to time, or from place to place, not beyond the day and time fixed by this resolution for the next regular meeting, until the business before this City Council is completed. Notice of any regular meeting continued in this manner shall be reasonable under the circumstances and shall be given as provided in subsection D of Virginia Code Section 2.2-3707. BE IT FURTHER RESOLVED THAT, in the event that the Mayor, or the Vice-Mayor if the Mayor is unavailable or otherwise unable to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend a regular meeting, that regular meeting shall be continued to the next business day on which the said hazardous conditions no longer exist. Such finding and declaration shall be communicated to all city councilors and to the press as promptly as possible, along with the date and time on which the continued meeting will commence. All public hearings and other agenda matters previously advertised shall be conducted at the continued meeting with no further advertisement. Page 88 of 109 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: January 3, 2022 Action Required: Consideration of an application for a Critical Slope Waiver Presenter: Brian Haluska, Principal Planner, Neighborhood Development Services Staff Contacts: Brian Haluska, Principal Planner, Neighborhood Development Services Title: P21-00082 – 1221, 1223 and 1225 Harris Street, request for a Critical Slope Waiver Background: C-Ville Business Park, LLC is requesting a waiver from Section 34-1120(b) of the City Code (Critical Slope Ordinance) to allow for construction of a mixed-use development that would include up to 120 residential units. Existing critical slope areas located on this Property include 0.285 acres or 26% percent of the project site. The applicable definition of “critical slope” is as follows: Any slope whose grade is 25% or greater, and (a) a portion of the slope has a horizontal run of greater than 20 feet, and its total area is 6,000 SF or greater, and (b) a portion of the slope is within 200 feet of a waterway. See Section 34- 1120(b)(2). Discussion: The Planning Commission considered this application on the consent agenda at their meeting on December 14, 2021. Alignment with City Council’s Vision and Strategic Plan: The City Council Vision of Quality Housing Opportunities for All states that “Our neighborhoods retain a core historic fabric while offering housing that is affordable and attainable for people of all income levels, racial backgrounds, life stages, and abilities. Our neighborhoods feature a variety of housing types, including higher density, pedestrian and transit-oriented housing at employment and cultural centers. We have revitalized public housing neighborhoods that include a mixture of income and housing types with enhanced community amenities. Our housing stock is connected with recreation facilities, parks, trails, and services.” This request is connected with a proposed building that is adjacent to McIntire Business Park, and is within walking distance of McIntire Park and Shenck’s Branch Greenway. Page 89 of 109 Community Engagement: In line with Section 34-1120(b)(6)(b), property owners and occupants within 500-feet of the subject property, as well as neighborhood association leaders, were notified of the Planning Commission’s meeting. No members of the public spoke at the meeting. Budgetary Impact: No direct budgetary impact is anticipated as a direct result of this Critical Slope Waiver. Recommendation: Staff recommends the application be approved with conditions. The Planning Commission voted unanimously to recommend the application be approved with conditions as proposed by staff. Alternatives: City Council has several alternatives: (1) by motion, approve the requested Critical Slope Waiver as recommended by the Planning Commission with the following suggested motion; “I move the adoption of the Resolution included in our agenda materials, granting this Critical Slope Waiver within P21-00082, based on a finding that due to unusual physical conditions, or the existing development of the property, compliance with the City’s critical slopes regulations would prohibit or unreasonably restrict the use or development of the property, per Section 34- 1120(b)(6)(d)(ii).” (2) by motion, request changes to the attached resolution, and then approve the Critical Slope Waiver; (3) by motion, take action to deny the Critical Slope Waiver; Or (4) by motion, defer action on the Critical Slope Waiver. Attachment: A. Proposed Resolution B. City Staff Report C. Application and Supporting Documentation Page 90 of 109 RESOLUTION APPROVING THE REQUEST TO WAIVE THE CRITICAL SLOPE REQUIREMENTS OF CITY CODE SECTION 34-1120(b) FOR THE DEVELOPMENT TO BE BUILT AT 1221, 1223 AND 1225 HARRIS STREET (CITY TAX MAP PARCELS 340090B00, 340090C00, AND 34009100) WHEREAS C-Ville Business Park, LLC, (the “Landowner”) is the owner of record of the property of certain land identified by City tax map parcels 340090B00, 340090C00, and 34009100 currently addressed as 1221, 1223, and 1225 Harris Street, respectively (together, the “Property”) and the Landowner requested a Waiver of the Critical Slopes requirements of City Code Sec. 34-1120(b)(6)(b) in connection with the construction of a mixed-use development to include 120 residential units located on the Property and referred to as City’s Edge; WHEREAS existing Critical Slopes constitute 0.29 acres, or 26% of the project site; and WHEREAS the Planning Commission considered and unanimously approved this application at their December 14, 2021 meeting, subject to the conditions set forth within the staff report prepared for that meeting; BE IT RESOLVED by the Council for the City of Charlottesville, Virginia, hereby approves a Waiver of the Critical Slopes requirements for the 1221, 1223, and 1225 Harris Street also referred to as City’s Edge to include the following conditions; 1) Site Plans (VESCP Plans) should include, at a minimum, 4 stages/phases of Erosion and Sediment (“E&S”) controls. The first phase shall include “Initial/Preliminary Controls”. Outfalls from any proposed 1223 Harris Street Critical Slope traps shall be established with rigorous independent E&S controls, early in the sequence, prior to the establishment of a sediment trap and associated conveyances. 2) “Super Silt Fence” (chain linked backing) shall be installed where perimeter silt fence is specified. 3) At no time shall concentrated water be directed toward the critical slopes. Page 91 of 109 CITY OF CHARLOTTESVILLE DEPARTMENT OF NEIGHBORHOOD DEVELOPMENT SERVICES STAFF REPORT PLANNING COMMISSION REGULAR MEETING APPLICATION FOR A CRITICAL SLOPE WAIVER APPLICATION NUMBER: P21-0082 DATE OF MEETING: December 14, 2021 Project Planner: Brian Haluska, AICP Date of Staff Report: December 1, 2021 Applicant: C-Ville Business Park, LLC Applicant’s Representative(s): Chris Virgilio Current Property Owner: C-Ville Business Park, LLC Application Information Property Street Address: 1221, 1223, and 1225 Harris Street Tax Map & Parcel/Tax Status: 340090B00, 340090C00 and 34009100 (real estate taxes paid current – Sec. 34-12) Total Project Area (Limits of Disturbance): 1.12 acres Total Area of Critical Slopes on Parcels: 0.285 acres | 26.3% Area of Proposed Critical Slope Disturbance: 0.221 acres | 77.6% of total critical slopes area on parcel Comprehensive Plan (General Land Use Plan): Neighborhood Mixed Use Node Current Zoning Classification: IC - Industrial Corridor Overlay District: None Applicant’s Request (Summary) C-Ville Business Park, LLC is requesting a waiver from Section 34-1120(b) of the City Code (Critical Slope Ordinance) to allow for construction of a mixed-use development that would include up to 120 residential units. Improvements specific to areas where critical slopes would be impacted should the waiver be approved are shown on the Critical Slope Exhibit (Attachment B) and include portions of all proposed lots in the development Existing critical slopes areas located on this Property include 0.285 acres or 26.3 percent of the site. The applicable definition of “critical slope” is as follows: Page 1 of 6 Page 92 of 109 P21-0082 1223 Harris Street Critical Slope Any slope whose grade is 25% or greater, and (a) a portion of the slope has a horizontal run of greater than 20 feet, and its total area is 6,000 SF or greater, and (b) a portion of the slope is within 200 feet of a waterway. See City Code Sec. 34-1120(b)(2). Based on the information presented within the application materials, Staff verifies that the area for which this waiver is sought meets all of the above-referenced components of the definition of “critical slope”. Vicinity Map Page 2 of 6 Page 93 of 109 P21-0082 1223 Harris Street Critical Slope Critical Slopes per the Zoning Ordinance Standard of Review Per Sec. 34-1120(6)(d): The planning commission shall make a recommendation to city council in accordance with the criteria set forth in this section, and city council may thereafter grant a modification or waiver upon making a finding that: (i)The public benefits of allowing disturbance of a critical slope outweigh the public benefits of the undisturbed slope (public benefits include, but are not limited to, stormwater and erosion control that maintains the stability of the property and/or the quality of adjacent or environmentally sensitive areas; groundwater recharge; reduced stormwater velocity; minimization of impervious surfaces; and stabilization of otherwise unstable slopes); or (ii)Due to unusual size, topography, shape, location, or other unusual physical conditions, or existing development of a property, one (1) or more of these critical slopes provisions would effectively prohibit or unreasonably restrict the use, reuse or redevelopment of such property or would result in significant degradation of the site or adjacent properties. If the recommendation is for City Council to grant the requested waiver, the Planning Commission may also make recommendations as to the following: In granting a modification or waiver, city council may allow the disturbance of a portion of the slope, but may determine that there are some features or areas that cannot be disturbed. These include, but are not limited to: (i)Large stands of trees; Page 3 of 6 Page 94 of 109 P21-0082 1223 Harris Street Critical Slope (ii)Rock outcroppings; (iii)Slopes greater than 60%. City council shall consider the potential negative impacts of the disturbance and regrading of critical slopes, and of resulting new slopes and/or retaining walls. City council may impose conditions as it deems necessary to protect the public health, safety or welfare and to insure that development will be consistent with the purpose and intent of these critical slopes provisions. Conditions shall clearly specify the negative impacts that they will mitigate. Conditions may include, but are not limited to: (i)Compliance with the "Low Impact Development Standards" found in the City Standards and Design Manual. (ii)A limitation on retaining wall height, length, or use; (iii)Replacement of trees removed at up to three-to-one ratio; (iv)Habitat redevelopment; (v)An increase in storm water detention of up to 10% greater than that required by city development standards; (vi)Detailed site engineering plans to achieve increased slope stability, ground water recharge, and/or decrease in stormwater surface flow velocity; (vii)Limitation of the period of construction disturbance to a specific number of consecutive days; (viii)Requirement that reseeding occur in less days than otherwise required by City Code. Project Review and Analysis Each applicant for a critical slopes waiver is required to articulate a justification for the waiver, and to address how the land disturbance, as proposed, will satisfy the purpose and intent of the Critical Slopes Regulations, as found within City Code Sec. 34-1120(b)(1). The applicant has provided information in the attached critical slopes waiver narrative (Attachment A) for Application Finding #1 and #2. Staff Analysis 34-1120(b)(d)(i) Application Finding #1: Staff does not recommend a waiver on the basis of Finding 1 for this application. Staff Analysis 34-1120(b)(d)(ii) Application Finding #2 : Engineering Department: The City Engineering Department’s comments on this application can be found in Attachment C. Page 4 of 6 Page 95 of 109 P21-0082 1223 Harris Street Critical Slope “Due to unusual size, topography, shape, location, or other unusual physical conditions, or existing development of a property, one (1) or more of these critical slopes provisions would effectively prohibit or unreasonably restrict the use, reuse or redevelopment of such property or would result in significant degradation of the site or adjacent properties.” Based on the submitted materials and the applicant’s justifications, engineering cannot recommend approval under either Finding #1 or Finding #2.The plan is not yet approvable, though still under development. City Engineering provides the following recommended conditions which have been selected for based on the design and review history of this project. Most are already incorporated into the design. If the Planning Commission decides to approve the project, the following should be considered for applicable conditions:” City Engineering recommends the following conditions: 1) Site Plans (VESCP Plans) should include, at a minimum, 4 stages/phases of ESC controls. The first phase shall include “Initial/Preliminary Controls”. Outfalls from any proposed traps shall be established with rigorous independent ESC controls, early in the sequence, prior to the establishment of a sediment trap and associated conveyances. 2) “Super Silt Fence” (chain linked backing) shall be installed where perimeter silt fence is specified. 3) At no time shall concentrated water be directed toward the critical slopes. Planning Department: The specific physical characteristics of the site meet the standards required in Finding #2. City Council previously granted the applicant a Special Use Permit for a project proposed to be located on the site that would disturb all of the parcels at 1223 and 1225 Harris Street. A strict application of the critical slope requirements would make it unlikely the applicant would be able to implement the plan previously reviewed by the Planning Commission and Council. The site layout of the currently proposed development is consistent with the materials presented by the applicant when the parcels were granted an SUP by City Council. Staff Recommendation Staff recommends the Planning Commission recommend to City Council to grant the critical slope waiver on the basis that “due to unusual physical conditions, one (1) or more of these critical slopes provisions would effectively prohibit or unreasonably restrict the use of such property.” Recommended Conditions 1) Site Plans (VESCP Plans) should include, at a minimum, 4 stages/phases of ESC controls. The first phase shall include “Initial/Preliminary Controls”. Outfalls from any proposed Page 5 of 6 Page 96 of 109 P21-0082 1223 Harris Street Critical Slope traps shall be established with rigorous independent ESC controls, early in the sequence, prior to the establishment of a sediment trap and associated conveyances. 2) “Super Silt Fence” (chain linked backing) shall be installed where perimeter silt fence is specified. 3) At no time shall concentrated water be directed toward the critical slopes. Suggested Motions 1. “I move to recommend approval of the critical slope waiver for Tax Map and Parcel 340090B00, 340090C00 and 34009100, as requested, with the conditions listed in the staff report, based on a finding that [reference at least one]: • The public benefits of allowing the disturbance outweigh the benefits afforded by the existing undisturbed critical slope, per Section 34-1120(b)(6)(d)(i) [Not Recommended] • Due to unusual physical conditions, or the existing development of the property, compliance with the City’s critical slopes regulations would prohibit or unreasonably restrict the use or development of the property, per Section 34- 1120(b)(6)(d)(ii) [Recommended] 2. “I move to recommend denial of the steep slope waiver for Tax Map and Parcel 340090B00, 340090C00 and 34009100. Attachments A. Application and Narrative B. Critical Slope Exhibit C. City Engineering Comments on the Proposed Application Page 6 of 6 Page 97 of 109 Page 98 of 109 Page 99 of 109 Page 100 of 109 Page 101 of 109 Page 102 of 109 Page 103 of 109 Brian, In regards to providing an evaluation of the waiver in accordance with Sec. 34-1120 (6) (c): “The director shall provide the planning commission with an evaluation of the proposed modification or waiver that considers the potential for soil erosion, sedimentation and water pollution in accordance with current provisions of the Commonwealth of Virginia Erosion and Sediment Control Handbook and the Virginia State Water Control Board best management practices, and, where applicable, the provisions of Chapter 10 of the City Code. The director may also consider other negative impacts of disturbance as defined in these critical slope provisions.” This project triggers the City of Charlottesville threshold for requiring both VESCH, and VSMP plans. Since this requires a full review for compliance from the City, and ultimate approval in order to receive a Land Disturbing Permit, the City will have control over assuring the project conforms to VESCH, VA SWM BMP, as well as Chapter 10 of the City Code. The project has received 3 review from the City PWE staff after having initial submittal rejected for review for not meeting minimal State Code standards for review. Each iteration has gotten progressively closer to meeting basic VSMP/VESC standards. An evaluation of negative impacts specifically provided in the critical slope provisions, while also taking into account the latest plan submittal follows: a. Erosion affecting the structural integrity of those features./ b. Stormwater and erosion-related impacts on adjacent properties. The applicant references ESC measures being implemented. These plans are under development. For such a small site, it is very complicated but the last review generated comments primarily about clarifying the sequence for constructability (clarity for contractor) as well as comments about the “SSF” being applied at the perimeter and limits of flow length to silt fence. This ESC scheme has progressed significantly and is near approvable. c. Stormwater and erosion-related impacts to environmentally sensitive areas such as streams and wetlands. There is a “conveyance” adjacent the site. It is not considered a natural channel. d. Increased stormwater velocity due to loss of vegetation. Discharges downstream of the site should remain at similar amounts due to VSMP compliance parameters. Since most outfalls are being “reused” , velocity will remain similar. e. Decreased groundwater recharge due to changes in site hydrology. There is no mitigation proposed for groundwater recharge. Existing slopes and impervious limit recharge opportunities in both existing and proposed conditions. f. Loss of natural or topographic features that contribute substantially to the natural beauty and visual quality of the community such as loss of tree canopy, forested areas and wildlife habitat. There was not mitigation addressed for loss of natural features. There are extremely limited natural features regarding canopy or habitat in existing conditions. In regards to providing a recommendation of the waiver, in accordance with Sec. 34-1120 (6) (d): Page 104 of 109 “No modification or waiver granted shall be detrimental to the public health, safety or welfare, detrimental to the orderly development of the area or adjacent properties, or contrary to sound engineering practices.” Based on the submitted materials and the applicant’s justifications, engineering cannot recommend approval under either Finding #1 or Finding #2.The plan is not yet approvable, though still under development. City Engineering provides the following recommended conditions which have been selected for based on the design and review history of this project. Most are already incorporated into the design. If the Planning Commission decides to approve the project, the following should be considered for applicable conditions: 1) Site Plans (VESCP Plans) should include, at a minimum, 4 stages/phases of ESC controls. The first phase shall include “Initial/Preliminary Controls”. Outfalls from any proposed traps shall be established with rigorous independent ESC controls, early in the sequence, prior to the establishment of a sediment trap and associated conveyances. 2) “Super Silt Fence” (chain linked backing) shall be installed where perimeter silt fence is specified. 3) At no time shall concentrated water be directed toward the critical slopes. Page 105 of 109 CITY OF CHARLOTTESVILLE, VIRGINIA CITY COUNCIL AGENDA Agenda Date: January 3, 2022 Action Requested: Resolution Presenter: Alex Ikefuna, Interim Director, Office of Community Solutions Staff Contacts: Alex Ikefuna, Interim Director, Office of Community Solutions Brenda Kelley, Office of Community Solutions Title: Designation of MACAA Apartments site as a Revitalization Area Background: Piedmont Housing Alliance is proposing a residential, mixed-income development on the MACAA site, located at 1025 Park Street. The project proposes 66 total units spread across a mix of 1-, 2-, and 3-bedroom unit types with rents affordable to households ranging from 30% AMI to 80% AMI. The total development cost is currently estimated at $21,525,000. The project is expected to start construction in Summer/Fall of 2023. MACAA Apartments Low Income Housing Tax Credit (LIHTC) application will be evaluated and scored based on criteria defined in the 2022 Qualified Allocation Plan (QAP), which factors in whether a property is in a designated revitalization area. LIHTCs are critical to the financing of the development of deeply affordable housing projects and it is a competitive application process. An application for Site Plan approval is anticipated to be submitted in February 2022, and an application for LIHTC funding in March 2022 is anticipated. Discussion: Application for Virginia Housing (formerly VHDA) LIHTC program are due in March 2022. Projects seeking LIHTC support score more competitively if located within a revitalization area as defined by Virginia Code 36-55.30:2. Alignment with City Council’s Vision and Strategic Plan: The overall development of MACAA Apartments supports City Council’s visions of Quality Housing Opportunities for All; A Green City; Community of Mutual Respect; and Smart, Citizen- Focused Government. Page 106 of 109 Approval of this request is also supported by the following: Strategic Plan Goals: • Goal 1.3: Increase affordable housing options • Goal 2.3: Improve community health and safety outcomes by connecting residents with effective resources (aligning health care with provision of housing for the elderly and disabled) Comprehensive Plan Guiding Principles (2021): • Equity & Opportunity – All people will be able to thrive in Charlottesville. • Community Culture & Unity – Charlottesville’s rich and diverse culture and form will be celebrated, and the entire community will feel welcomed, valued and respected. • Local & Regional Collaboration – From the neighborhood to the region, open conversations and partnerships will make the city stronger. • Environmental Stewardship & Sustainability – The Charlottesville community will demonstrate environmental and climate leadership. • Connections & Access – The City will consider land use and transportation in complementary ways, creating more accessible and safer mobility options for all. • (Numerous Goals in the Comprehensive Plan also support this request). Community Engagement: In conjunction with its PUD rezoning request for the MACAA property, the project team engaged community members, city staff, and the Planning Commission in a series of meetings in order to identify potential impacts of the project and hear the questions and concerns of residents. Piedmont Housing Alliance convened an initial community meeting for neighborhood residents on July 27, 2021 at the Charlottesville Waldorf School Pavilion. 13 residents were in attendance. This meeting provided an opportunity to introduce the project and receive additional feedback prior to entering the process mandated by the City. The project team then held an official community meeting at Charlottesville High School on August 10, 2021, that was attended by 46 in-person and virtual attendees. Additional public comment was received at a Planning Commission work session on August 24, 2021, and at a public hearing on December 14, 2021. Following the public hearing, the Planning Commission unanimously approved the rezoning request to allow the use. Budgetary Impact: This request has no budget impact. 2 Page 107 of 109 Recommendation: Staff recommends City Council approve the attached Resolution declaring the MACAA Apartments site as being located in a revitalization area based on the following: 1. The industrial, commercial or other economic development of such area will benefit the city or county but such area lacks the housing needed to induce manufacturing, industrial, commercial, governmental, educational, entertainment, community development, healthcare or nonprofit enterprises or undertakings to locate or remain in such area; AND 2. Private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in such area and will induce other persons and families to live within such area and thereby create a desirable economic mix of residents in such area. Alternatives: City Council could choose to not support the revitalization area certification for the MACAA Apartments site, which could have a negative impact on the LIHTC application. Attachments: Resolution 3 Page 108 of 109 RESOLUTION Revitalization Area Certification for MACAA Apartments site/1025 Park Street Parcel Numbers: 470007100, 470011000 & 470080000 NOW, THEREFORE BE IT RESOLVED by the Council of the City of Charlottesville, Virginia that the MACAA Apartments site is located within a Revitalization Area, defined by Virginia Housing (formerly Virginia Housing Development Authority) as any area that 1) the industrial, commercial or other economic development of such area will benefit the city or county but such area lacks the housing needed to induce manufacturing, industrial, commercial, governmental, educational, entertainment, community development, healthcare or nonprofit enterprises or undertakings to locate or remain in such area; AND 2) private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in such area and will induce other persons and families to live within such area and thereby create a desirable economic mix of residents in such area. Approved by Council January 3, 2022 ______________________ Kyna Thomas Clerk of Council 4 Page 109 of 109