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AGENDA

City Council Regular Meeting

6:00 PM - Tuesday, January 26, 2021

Virtual- Rouss City Hall Council Chambers - Virtual

 

Page

 

1.

SPECIAL MESSAGE

 

SPECIAL MESSAGE CONCERNING MEETINGS OF THE WINCHESTER CITY COUNCIL:

 

Pursuant to and in accordance with the Continuity of Government Ordinance adopted by Council and under the recently adopted amendment to the Budget Bill - HB29 2019, due to the COVID-19 pandemic and resulting Order of the Governor to stay home and social distance, Council is meeting virtually via WebEx.

 

Watch/listen to the City Council meetings:

View the meeting live online – Use the online agenda portal at /Portal/.

Watch online via WebEx - (meeting #: 1320774581, password: 94622)

Listen to the meeting via phone – 1-408-418-9388 (meeting #: 1320774581, password: 94622)

 

Address Council (public comments or public hearing sections):

Submit the online public comment form by 8 am the prior Monday

Register in advance to speak during the meeting via WebEx using any of the below options:

       oEmail clerk@winchesterva.gov

       oCall 540-667-1815, ext. 1502 or 1670

       oSend a private message via the City’s Facebook page: www.facebook.com/winchestervagov/

       oSign up by providing your information to the sign-up sheet available at the Jim Barnett Park Rec Center (open M-F, 8 am-5 pm), 1001 E. Cork Street, Winchester

Didn’t register in advance to speak? Those wishing to address Council who did not sign up in advance can still speak but must be logged in on the WebEx platform online (not via phone). When the public comment period or public hearing begins, press the “wave your hand” button, indicating you’d like to speak. Please be sure to include your name when you log in so the moderator can call on you when appropriate.

 

Things to remember about public comments during Council meetings:

You will be called on and unmuted when it is your time to speak.

Provide your name and address for the record before addressing Council.

Each speaker has three minutes to talk. The moderator will announce when your time has expired and will mute your microphone.

Make sure your microphone is turned on in your computer/phone settings.

Do not unmute your microphone at any time (staff will unmute you when it’s your turn to speak)

The live feed on the City’s agenda portal has a slight delay and will not be in sync with the WebEx video/audio.

The public comment period and public hearings are a time for Council to listen and Council will not respond to comments or answer questions but may follow up at another time.

 

 

2.

CALL TO ORDER AND ROLL CALL

 

 

 

 

2.1.

Electronic Participation

 

 

 

3.

GREEN SHEET ITEM

 

 

 

3.1.

Motion to amend the January 26, 2021 City Council Regular Meeting Agenda to add the following items to the agenda:

O-2021-3: AN ORDINANCE REPEALING AND REPLACING ARTICLE 14.1 OF THE ZONING ORDINANCE OF CITY OF WINCHESTER, VIRGINIA, BY ESTABLISHING FLOODPLAIN DISTRICTS, BY REQUIRING THE ISSUANCE OF PERMITS FOR DEVELOPMENT, AND BY PROVIDING FACTORS AND CONDITIONS FOR VARIANCES TO THE TERMS OF THE ORDINANCES TA-20-608

Presenter: Perry Eisenach, Public Services Director

 

 

 

4.

MOMENT OF SILENCE

Vice-Mayor Hill led the citizens and councilors in a Moment of Silence.

 

 

5.

PLEDGE OF ALLEGIANCE

Vice-Mayor Hill led the citizens and councilors in the Pledge of Allegiance.

 

 

6.

APPROVAL OF MINUTES

 

 

 

6.1.

City Council - Regular Meeting

 

City Council Regular Meeting - Jan 12 2021 - Minutes - Pdf

7 - 31

 

 

6.2.

City Council - Work Session

 

City Council Work Session - Jan 12 2021 - Minutes - Pdf

32 - 57

 

7.

REPORT OF THE MAYOR

 

 

8.

REPORT OF THE CITY MANAGER

 

 

9.

REPORT OF THE CITY ATTORNEY

 

 

10.

PUBLIC HEARINGS

 

 

 

10.1.

CUP-20-633: Request of Kim Craig for a Conditional Use Permit to allow for Neighborhood Convenience Establishment (laundromat), per section 5.1-2-8 of the Winchester Zoning Ordinance located at 715 S Kent St (Map#213-01-H-14) zoned High Density Residential District (HR-1).

Presenter: Frank Hopkins, Zoning Administrator

 

Council Action Memo - CUP-20-633 Request of Kim Craig for a Conditional Use Permit to allow for Neighborhood Convenience Establishment (laundromat), p - Pdf

58 - 93

 

 

10.2.

CUP-20-648: Request of Bill McIntosh for a Conditional Use Permit to allow for Extended Stay Lodging 9-2-19 of the Winchester Zoning Ordinance located at 112 N Loudoun (Map#173-01-O-2) zoned Central Business District (B-1) with Historic Winchester District Overlay(HW).

Presenter: Frank Hopkins, Zoning Administrator

 

Council Action Memo - CUP-20-648 Request of Bill McIntosh for a Conditional Use Permit to allow for Extended Stay Lodging 9-2-19 of the Winchester Zon - Pdf

94 - 108

 

 

10.3.

CU-20-620: Request of Maria Santos for a Conditional Use Permit to convert ground floor nonresidential use to residential use, per Section 9-2-16 of the Zoning Ordinance, at 725-727 South Loudoun Street (Map# 212-01-F-7) zoned Central Business (B-1) District.

Presenter: Tim Youmans, Planning Director

 

Council Action Memo - CU-20-620 Request of Maria Santos for a Conditional Use Permit to convert ground floor nonresidential use to residential use, pe - Pdf

109 - 118

 

 

10.4.

CU-20-647: Request of Bill McIntosh for a Conditional Use Permit to allow for Bed and Breakfast Inn per Section 6-2-1 of the Winchester Zoning Ordinance located at 514 Amherst Street (Map#172-01- -4) zoned Residential Office District (RO-1) with Historic Winchester District Overlay(HW).

Presenter: Tim Youmans, Planning Director

 

Council Action Memo - CU-20-647 Request of Bill McIntosh for a Conditional Use Permit to allow for Bed and Breakfast Inn per Section 6-2-1 of the Winc - Pdf

119 - 157

 

 

10.5.

O-2020-56: Second Reading- RZ-20-379 AN ORDINANCE TO REZONE 6.23 ACRES OF LAND AT 222 SPRING STREET (Map# 253-01-8A) FROM HIGHWAY COMMERCIAL (B-2) DISTRICT TO HIGHWAY COMMERCIAL (B-2) DISTRICT WITH PLANNED UNIT DEVELOPMENT (PUD) OVERLAY DISTRICT, SUBJECT TO PROFFERS. The Development Plan for this PUD overlay rezoning calls for 198 multifamily residential units (31.8 units per acre) and two commercial buildings along the Spring Street frontage. The Comprehensive Plan identifies this area as a redevelopment site where PUD is encouraged.

Presenter: Tim Youmans, Planning Director

 

Council Action Memo - RZ-20-379 AN ORDINANCE TO REZONE 6.23 ACRES OF LAND AT 222 SPRING STREET (Map# 253-01-8A) FROM HIGHWAY COMMERCIAL (B-2) DISTRICT - Pdf

Proffers (signed)

158 - 233

 

11.

PUBLIC COMMENTS

 

 

 

11.1.

Public Comments Received

 

1-26-21 Public Comments

234 - 235

 

12.

CONSENT AGENDA

 

 

 

12.1.

Motion to reappoint Irina Khanin to the Northwestern Community Services Board for a three-year term ending January 25, 2025.

 

 

 

 

12.2.

Motion to reappoint Holly Redding to the Old Town Advancement Commission for a three-year term ending January 25, 2024.

 

 

 

 

12.3.

Motion to reappoint Larry Omps to the Juvenile Detention Commission for a four-year term ending January 25, 2025.

 

 

 

 

12.4.

Motion to reappoint Mary Blowe to the Juvenile Detention Commission for a four-year term ending January 25, 2025.

 

 

 

 

12.5.

Motion to reappoint Cary Craig to the Economic Development Authority for a four-year term ending January 25, 2025.

 

 

 

 

12.6.

Motion to reappoint Samar Jafri to the Board of Architectural Review for a four-year term ending January 25, 2025.

 

 

 

 

12.7.

Motion to reappoint Kyle Hopkins to the Board of Architectural Review for a four-year term ending January 25, 2025.

 

 

 

 

12.8.

Motion to reappoint Corey Sullivan to the Frederick-Winchester Service Authority for a three-year term ending January 25, 2024.

 

 

 

 

12.9.

Motion to appoint William Moore to the Winchester Parking Authority for a five-year term ending January 25, 2026.

 

 

 

 

12.10.

Motion to appoint John W. Hill to the Regional Jail Authority for a four-year term ending January 25, 2025.

 

 

 

 

12.11.

Motion to appoint Lauren Gwinn to the Shenandoah Area Agency of Aging for a four-year term ending January 25, 2025.

 

 

 

 

12.12.

Motion to appoint Ryan Hall to the Old Town Advancement Commission for a three-year term ending January 25, 2021.

 

 

 

 

12.13.

Motion to appoint Amanda Parrish-Knowlton to the Old Town Advancement Commission for a three-year term ending January 25, 2024.

 

 

 

 

12.14.

Motion to appoint Sallie Grundman to the Old Town Advancement Commission for a three-year term ending January 25, 2024.

 

 

 

 

12.15.

Motion to appoint Susan Dolinar to the Old Town Advancement Commission for a three-year term ending January 25, 2024.

 

 

 

 

12.16.

Motion to appoint Nicholas Robb to the Board of Architectural Review for a four-year term ending January 25, 2025.

 

 

 

 

12.17.

Motion to appoint Elizabeth Yo to the Board of Architectural Review for a four-year term ending January 25, 2025.

 

 

 

 

12.18.

Motion to appoint Laura Wiley to the Winchester-Frederick County Tourism Board for a  three-year term ending January 25, 2021.

 

 

 

 

12.19.

Motion to appoint Krista Farris to the Lord Fairfax Community College Board for a four-year term ending January 25, 2025.

 

 

 

 

12.20.

Motion to appoint John David Smith, Jr. to the Winchester-Frederick County Metropolitan Planning Organization to fill the vacant seat of Bill Wiley.

 

 

 

 

12.21.

R-2020-40: Refund for Overpaid Personal Property Tax

Presenter: Ann Burkholder, Commissioner of the Revenue

 

Council Action Memo - Refund for Overpaid Personal Property Tax - Pdf

236 - 239

 

 

12.22.

R-2020-42: Personal Property Tax Relief Rate for Tax Year 2021

Presenter: Ann Burkholder, Commissioner of the Revenue

 

Council Action Memo - Personal Property Tax Relief Rate for Tax Year 2021 - Pdf

240 - 242

 

13.

AGENDA

 

 

 

13.1.

O-2021-3: AN ORDINANCE REPEALING AND REPLACING ARTICLE 14.1 OF THE ZONING ORDINANCE OF CITY OF WINCHESTER, VIRGINIA, BY ESTABLISHING FLOODPLAIN DISTRICTS, BY REQUIRING THE ISSUANCE OF PERMITS FOR DEVELOPMENT, AND BY PROVIDING FACTORS AND CONDITIONS FOR VARIANCES TO THE TERMS OF THE ORDINANCES TA-20-608

Presenter: Perry Eisenach, Public Services Director

 

Council Action Memo - AN ORDINANCE REPEALING AND REPLACING ARTICLE 14.1 OF THE ZONING ORDINANCE OF CITY OF WINCHESTER, VIRGINIA, BY ESTABLISHING FLOOD - Pdf

243 - 269

 

 

13.2.

O-2020-63: First Reading- RZ-20-387 AN ORDINANCE TO REZONE 22.7 ACRES OF LAND AT 441 LINDEN DRIVE (Map# 130-01- -1) FROM LOW DENSITY RESIDENTIAL (LR) DISTRICT TO LOW DENSITY RESIDENTIAL (LR) DISTRICT WITH PLANNED UNIT DEVELOPMENT (PUD) OVERLAY DISTRICT. The initial Development Plan for this PUD overlay rezoning calls for between 303 and 306 dwelling units (approx. 13.4 units per acre) including 160 Active Adult multifamily units on the lower terrace and 143 to 146 townhouse units on the upper terrace. The Comprehensive Plan identifies this area as a redevelopment site where PUD is encouraged.

Presenter: Tim Youmans, Planning Director

 

Council Action Memo - RZ-20-387 AN ORDINANCE TO REZONE 22.7 ACRES OF LAND AT 441 LINDEN DRIVE (Map# 130-01- -1) FROM LOW DENSITY RESIDENTIAL (LR) DIST - Pdf

270 - 375

 

 

13.3.

R-2021-5: A Resolution to Adopt an Amended Memorandum of Understanding Regarding the Timbrook Achievement Center

Presenter: Patrick Elwell, Program Manager

 

Council Action Memo - A Resolution to Adopt an Amended Memorandum of Understanding Regarding the Timbrook Achievement Center - Pdf

376 - 384

 

 

13.4.

O-2021-1: First Reading- AN ORDINANCE TO AMEND CHAPTER 16 OF THE WINCHESTER CITY CODE ADDING SECTION 16-34 PERTAINING TO POSSESSING, CARRYING, OR TRANSPORTING FIREARMS IN CERTAIN PUBLIC PLACES

Presenter: Dan Hoffman, City Manager

 

Council Action Memo - AN ORDINANCE TO AMEND CHAPTER 16 OF THE WINCHESTER CITY CODE ADDING SECTION 16-34 PERTAINING TO POSSESSING, CARRYING, OR TRANSPO - Pdf

385 - 388

 

 

13.5.

R-2021-4: A Resolution to Adopt the City of Winchester's 2021 State Legislative Priorities

Presenter: Dan Hoffman, City Manager

 

Council Action Memo - A Resolution to Adopt the City of Winchester's 2021 State Legislative Priorities - Pdf

389 - 402

 

14.

ADJOURNMENT