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HomeMy WebLinkAbout10/28/2019 - City Council - Minutes - RegularCi ty Counci l Meeti ng M INUTES Monday, October 28, 2019, 7:30 P M Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153 1.C all to Order A regular meeting of the Council of the City of Salem, Virginia, was called to order at 7:30 p.m., there being present the following members to wit: Byron Randolph Foley, Mayor, J ane W. J ohnson, Vice-Mayor, Council members: William D. J ones, J ames A. Martin, and J ohn E. Saunders; with Byron Randolph Foley, Mayor, presiding; together with J ames E. Taliaferro, II, Interim C ity Manager and Clerk of C ouncil; Rosemarie B. J ordan, Director of Finance; Mike Stevens, Communications Director; Charles E. Van Allman, J r., C ommunity Development Director; Melinda J . Payne, Economic Development Director; Larado Robinson, Director of Water and Sewer Department; J udy Hough, Deputy C ity Clerk; William L. Simpson, J r., C ity Engineer; Benjamin Tripp, C ity Planner; and Stephen M. Yost, C ity Attorney. 2.Pledge of Allegiance 3.C onsent Agenda A.Minutes Consider the acceptance of the minutes from the October 8, 2019, joint work session with the Salem School Board and the regular meeting on October 14, 2019. Accepted as presented B.F inancial Report Consider acceptance of the Statement of Revenues and Expenditures for the two months ending August 31, 2019. Received 4.New Business A.Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for rezoning the properties of R. Fralin C ompanies, Inc., contract purchaser, located at 211 Diamond Road (Tax Map # 272-2-1) and 135 Diamond Road (Tax Map # 273-2-1) from A G - Agriculture District / RSF - Residential Single Family District to RSF Residential Single Family District with amended proffered conditions. (Advertised in the October 10 and 17, 2019, issues of the Salem Times Register. Recommend approval (3-2 Vote); see Page 1 Planning C ommission minutes.) STA FF REPO RT Mayor Foley noted that Items 4A Amendment to the Zoning Ordinance and 4B Special Exception Permit to allow Cluster Housing Overlay will be discussed simultaneously just as they were at the Planning Commission meeting. He stated notice of such hearings were published in the October 10 and 17, 2019, issues of the Salem Times Register, and the Planning Commission had recommended approval of the rezoning on a 3-2 vote and had recommended approval of the Special Exception Permit on a 4-1 vote. He noted that C ouncil received a copy of the Planning Commission minutes and also the public comments that were submitted. For staff comments, please refer to the Planning C ommission minutes dated October 16, 2019. Mr. Tripp discussed the requests before C ouncil. He noted that the Special Exception Permit request applies to Tax Map #272-2-1 only. Both items have proffered conditions, and Council has a copy of those conditions. Robert Fralin of R. Fralin Companies, Inc., contract purchaser, appeared before the C ommission in support of the two requests. He stated he truly believes that this project will provide Salem with some housing options that it does not currently have, and he also firmly believes that there will be substantial tax revenue generated from this project. He introduced the members of his team: Brian McC ahill, T homas Fellers, Brandon Sargent, Kathryn Mahoney, and Zack Paul. Also here this evening is David Boush and J im Woltz with Woltz and Associates, and two representatives from Balzer & Associates, Ben Crew and Sean Horne. He noted that they have had community meetings and have changed the project many, many times. T hey have removed the attached residential units, and they have done a lot of studies on stormwater as well as a lot of traffic studies related to the proposed development. T hey believe that the property will go to residential one day as it is in the middle of a lot of residential neighborhoods. Further, it is in the C ity's C omprehensive Plan for residential. T he questions this evening are: is this the time and is this the developer. He believes it is, and he understands there are are lot of opinions about this. He thanked City C ouncil for their time. Brian McC ahill with R. Fralin C ompanies, Inc., appeared before the C ouncil. He noted they are a well-established, local real estate developer with 42 employees. T hey have acquisition, land-development and building expertise. He further discussed the mission of the company. He presented a presentation regarding the company and the proposed project. He highlighted the key changes from the original plan they had developed. All attached homes have been removed. T hey have replaced those with unattached patio homes, which will be limited to a total of 43 lots. T hese will be the C luster Housing Overlay with smaller lots. All the other lots will be standard Salem single family residential lots. T hey have reduced the lot count to a density of just over 2 units per acre. He discussed the proffered conditions which were updated following the Planning C ommission meeting. He further discussed key features of the community. He noted that they have been asked about phasing in the community meeting, and he showed a representation of the proposed phasing. T hey will be moving in lot counts of 15 to 30 depending on the market conditions. He noted that Balzer & Associates would discuss stormwater runoff and traffic; however, he wanted to point out that they will reduce the rate of stormwater output to adjoining properties by containing and dispensing at appropriate rates. So the community will be up to the latest standards in that regard. He noted that Salem's regulations are more stringent than the State. He further discussed the proposed development including traffic counts, real estate tax base, proffers, home design features, etc. T homas Fellers with R. Fralin C ompanies, Inc., appeared before the C ouncil. He noted there has been a lot of interest in knowing about the price point for the development. T hey will be delivering homes between $275,000 and $500,000, which provides a good platform for architectural diversity, floor plan diversity, different styles of homes, finishes and amenities. He presented a presentation showing the proposed home styles, exterior and interior design features, landscaping, etc. Mr. Fralin noted that he has heard from a couple of residents about sewer issues, and he believes that Larado Robinson, Director of Water and Sewer, is here tonight and can address those issues. He wants to be on the record that he is here to collaborate with the City. He firmly believes that the City is better with him than without him. T he C ity and his company can work together for a solution to the problems. Secondly, he noted that specifically with the stormwater on Lots 1 through 5 will be handled by the stormwater pond that he indicated on the master plan. Balzer will be able to address any questions related to this. Ben Crew with Balzer and Associates appeared before the C ouncil in support of the requests. He noted that stormwater and traffic had been discussed in detail at the Planning Commission meeting, but he wants to re-enforce with Council the investigations to date, the direction with the project, and the updates he has to share. At the Planning C ommission public hearing they explained and discussed the stormwater management will be addressed according to state and local codes. T he C ity of Salem regulations as has been mentioned previously are more strict than the state regulations. T he plan for this development is to address stormwater looking at each individual drainage way. T he stormwater management is broken down into six different areas. T hese are the same areas where the stormwater is currently draining to now. T hey cannot develop a large stormwater facility and put it one side of the property and push water from one side that is not naturally draining there to the other side. He noted it works out well to be able to phase the development appropriately to be able to development the stormwater management for each of these areas while leaving the future development area undisturbed. So this works well for this development instead of denuding or grading the entire site. With regards to the lots fronting on Upland Drive, those lots would be treated like any other lots in the development. Stormwater management will need to be accounted for in the calculations, whether it is to a back pond facility in each subject location but those lots and the drainage along the roadway will need to be accounted for just like any other part of the development. Mr. Martin noted looking at the six drainage areas, are the dotted lines delineating which parcels go with that stormwater detention area. Mr. C rew noted that the answer was plus or minus. T he ponds are located in the drainage lows, and the way the development is essentially laid out on the site, it will break down to those stormwater management areas so as not to create a regional facility. T hey have tried to break down the phases of the development to go to each pond located on the site. Mr. C rew noted that this is the proffered development plan and the anticipated stormwater management areas. Obviously if this moves forward, they will need to provide full civil construction documents as part of the development. T he construction documents will have to be reviewed and approved by city staff before any construction can begin. T he C ity will have to agree and concur with their calculations and how they have addressed it on the site. With regards to traffic, Mr. Crew noted at the Planning C ommission meeting there was a lot of concerns related to traffic. Because of the number of concerns, Mr. Fralin asked them to look at adjacent intersections. Previously they looked at the access points of the development. T hey expanded the circle out. While they are confident the local roads will experience minimal impacts to the existing intersections, they also realize the development will increase traffic on the local streets. T hey looked at intersection counts at Orchard and Homestead Drives and also at Upland Drive and Franklin Street. In looking at this, what they discovered is the additional traffic from this development will only add a half a second to a second and a half of delay in the worst case scenarios, and in most cases, no delay will be experienced. Each of these intersections we are discussing operate at a current Level A of service. Basically in the traffic engineering world, this is a free flow or the best level that it can operate. With the additional trips from this development, we are still in this same category, Level A. He further discussed the traffic counts and noted that what they keep finding is that each study keeps yielding the same results. With this development there continues to be minimal impact on the adjacent local roads. So they keep finding the same results as they expand their search, and if we push the search out further, his guess with the distribution of traffic to the interconnected system of streets, that it will be disbursed even further. Mr. Martin asked if the road segments are taken into account when they are looking at what is acceptable and what is not with regards to the counts. Mr. Crew noted the road segments are taken into account, and they are all categorized as local roads. In these sections of residential areas, it is all defined as local roads which are of various conditions. How they they generate their traffic counts is based on the peak hour generator, which is in the morning when everyone is going to work or in the evening when everyone is coming home. T his is the peak time when everyone is on the road, and this takes into account for people pulling out of their driveways and the traffic at each of those intersections. Mr. Martin asked if this is common, do they see this translate to what happens in the real world after everything is built and done. Mr. C rew noted that this is correct. Mr. Martin asked Mr. C rew if he could explain a comment in the Mattern & C raig letter that was submitted regarding their traffic review. He quoted "it is likely that a lower level of service will be experienced over short periods of time at the 4-way stop intersection. Similar to many intersections in the Roanoke/Salem area, the traffic peak periods are closer to 15 minutes. T his is an acceptable condition over short periods of time, as may be the case with this development." He asked if this means that peak periods would be 15 minutes when Mr. C rew has been talking about seconds delay. Mr. C rew noted within the peak hour which is the most volume, either morning or evening, there is a 15 minute period where it is the most intense traffic, but this does not mean that you are sitting at an intersection for 15 minutes. J im Woltz with Woltz & Associates appeared before the C ouncil in support of the requests. His company was contacted by the Simms Family a couple years ago, and the family indicated their opinion was that the land was residential development quality. T he family had an appraisal done which was based on a residential development. He further discussed the initial steps leading up to the proposed development. His company is licensed in 17 states as real estate brokers, and they have had the advantage of selling development land all over the east coast. He noted that they had marketed the property in lots of areas in Virginia as well as other states. He further discussed the marketing of the property and noted that they kept coming back to a local developer, R. Fralin Companies. Mr. Fralin is invested in the area, he cares about what ends up being in the Roanoke Valley, and we can see this by the number of developments he is involved with currently in the area. He stated the Planning Commission voted for the development, and the Comprehensive Plan talks about this being a residential development. He feels now is the optimum time with the economy being good good and bank rates being down, and it complies with the C ity's C omprehensive Plan. Mayor Foley opened the public hearing. He noted that speakers would be given five minutes to speak. He stated they have the Planning Commission minutes and also have received the citizens' comments submitted by email, etc. Eddie Hite of 122 Par Drive appeared before the C ouncil and introduced the people behind him in the audience. He noted that they are C ouncil's employers who elected them. He noted they are not saying not develop the property, they are saying let's do it the right way. We need to fix the issues we have now before we develop. He presented pictures showing Franklin Street and the right of way that Mr. Fralin is proposing to dedicate to the C ity, which is nothing but rock. He noted he is a retired Battalion C hief for the Salem Fire Department, and he used to test fire hydrants as part of his job. T he C ity's hydrants have not been tested in 5-7 years. He also discussed drainage issues for the lots fronting on Upland Drive. He noted that Mr. Fralin has incomplete job sites in the Village at North Mill which is currently being developed, and they have the same concerns about this project. We need to address the safety issues we have now before developing this property. J oseph Balbalian of 2252 Medford Road appeared before the Council. He referred to Greenhill Park in Roanoke C ounty and noted he believes that we should emulate Roanoke C ounty in the use of this land. Greenhill is a versatile resource for the C ounty for events and other activities. He believes that the citizens of Salem would appreciate having a resource of this type in Salem. J ohn Spruhan, 720 Diamond Road, noted that he is in support of what has been said previously about not rezoning this property. He believes that we need to consider other possible means of development such as Greenhill Park, Green Ridge Recreation Center, Explore Park, etc. He also discussed traffic and safety issues related to the proposed development. He believes we need to take a closer look at this large tract of land before making it a residential development. Tom Fame of 221 Homeplace Drive appeared before the Council. He noted that he believes this is too many houses for this property. He discussed proposed tax revenue and also infrastructure concerns. He further discussed water, sewer, traffic, and flooding concerns. T his is a beautiful piece of property, and he believes this development does not belong here. He thinks we can do a better job with developing this property. Adam Honeycutt, 2473 Franklin Street, noted that he is concerned about the road surfaces. He knows that Franklin Street has been repaired a number of times in the last several years because of the funny contours and the waterfall coming off of the property in question. T he City needs to think about the cost of maintaining the road as the increased load will cause more wear and tear, and we also need to consider the additional congestion on this road. Donald J ohnson, 2932 Westclub Drive, noted there is no legal requirement that C ity C ouncil has to pass this rezoning. T his proposal is going to do a lot to the surrounding community. He did his own calculation with regards to tax revenue - 139 houses times $4,000 in taxes equates to $500,000. What is going to be the cost to maintain the roads, the water, the sewage and education for the students from this development? He further discussed traffic and safety concerns on Homestead Drive and Franklin Street and also tax increases that have already been instituted for water and sewer in the C ity. He believes that this development is going to be an additional burden on the City. Randy Broadwell, 808 Diamond Road, noted that he lives near the intersection of Diamond and Homestead Drive. It is a horrible intersection, and he hears cars sliding and tires spinning especially when it is raining. If the construction traffic is going to be prohibited from using Franklin Street, who is going to enforce this? How do you differentiate between construction traffic and the local plumber coming to do a job? He believes that limiting the traffic is going to cause problems. He reminded C ouncil of a manual count that comes up every year, which is called a vote. Matt Stevenson, 327 Idaho Street, noted that he grew up in West C lub. It was a great place to grow up and also to ride bikes there. Now we are going to jam all these cars in there. He also discussed the overcrowding in the schools. He hopes this property will be used for something nice and useful. He does not think we need more houses. J im Gresham, 3120 Links Manor Drive, noted he is not here to stop the rezoning of this property, but he does want Council to delay it or reject it at this time in order to potentially gain some additional agreements or proffers from the developer. He thinks we need to study this further with regards to infrastructure and safety concerns. He is concerned about the density of development. He feels that reducing the density of the homes will solve a lot of problems, and he believes it will satisfy a lot of the citizens. He further discussed safety concerns, environmental impact, schools overcrowding, etc. which can be answered by lowering the density. Samantha Meade, 116 Niblick Drive, noted that she has lived in the West C lub area for about 25 years. She grew up in C ountry C lub Estates and is now blessed to live two streets from her parents. She noted she is concerned about her children with regards to the schools and also concerned about their safety. She discussed traffic concerns on Niblick Drive. She noted that she and her husband love living in Salem, and they just want the same for their children. Sybil Puruczky, 322 Homeplace Drive, noted that she personally goes through these intersections at least four times a day. She discussed traffic concerns, water runoff, flooding, overcrowding in schools, etc. She and her husband love living in Salem, and everyone here loves living in Salem, and it clearly demonstrates that she and her husband are not alone in that they do it by choice. T his development is too much and overcrowded. She urged Council to reconsider this request, and she thinks that C ouncil owes it to their predecessors who created this great town to maybe dial back on the development. Laurel Soderberg, 57 Sawyer Drive, noted her main concern is infrastructure. She noted that she knew that the infrastructure was risky and shaky, but after the Planning Commission meeting she realizes that it is barely adequate for what we already have there. T he infrastructure problems are going to be exacerbated by this development, and the citizens are going to have to pay for it. She further discussed road conditions, traffic, too much density, etc. Ann Lanzera, 19 Upland Drive, noted that Upland, Diamond, and Franklin are all beautiful, bucolic drives. Franklin Street has too many cars and trucks as it stands today. She discussed safety concerns in the neighborhood. She looks at this development, and she is naive and does not accept that this property has to be developed residentially. Salem has plenty of residential properties. We do not have to develop this farm, and we sure do not have to develop it with 140 houses. Further, she has low water pressure if anyone can help her with that. J osh Kier, 909 C itadel Lane, noted that his parents bought a lot and built a home in 1990 at 311 Homeplace Drive. Since that time, there have been at least 90 homes constructed in the area, and there has not been a single change to the road infrastructure surrounding this area since they were built. In addition, we going to build approximately 140 more homes, and the City is still saying that there will be no change to the infrastructure. He believes that this is ludicrous, and he hopes C ouncil knows this. Wendy Mellenthin, 922 Homestead Drive, discussed the number of cars which would be at the proposed home sites. She further discussed her concerns related to the traffic, etc. She wants to know if the C ity has done a study and gotten quotes to change the intersection of Apperson Drive and Orchard Drive before we make this decision. C lark Wade, 2730 Titleist Drive, quoted from the City's zoning ordinance Section 106-104 Purpose (A) 2, 6, and 8. He noted that #2 is to reduce or prevent congestion - with the additional traffic that is going to generated, he does not think we will be achieving this goal. Number 6 states protect against one or more of the following: overcrowding of land and danger and congestion in travel and transportation. Again, he does not believe that this development will help with this objective. Number 8 is to provide for the preservation of agricultural and forestal lands, and again, this objective cannot be met. Debbie Wade, 2730 Titleist Drive, noted that the City supposedly has guidelines for lot sizes, and yet the Planning C ommission is willing to ignore those for this many lots. If a developer wants to build in Salem, then they should have to abide by the single family residential guidelines. Aaron Reese, 44 Upland Drive, noted that he agrees with each and every comment from his neighbors this evening. He believes that this development is a mortal threat to Salem. He noted that much has been made of how this development aligns with the C ity's C omprehensive Plan. He reviewed a few of the goals and strategies. He encouraged C ity Council to consider whether each of these goals is served by the construction of the proposed development. In addition, he urged C ouncil to consider the alternative opportunities the Simms property represents, i.e. a park, a solar electricity facility, a cultural and performing arts center, or even a farm. He further discussed the proposed development and urged the Council to take the path of wisdom and vote against this request. J ohn Breen, 142 Bogey Lane, noted he believes that the single family zoning and the cluster housing overlay requests should be rejected for this property. He discussed from various sections of the zoning ordinance, including Section 106-524.1(B)(2), and Section 106-522. He also discussed proffered conditions related to the proposed development, and other items which have not been followed according to the zoning ordinance regulations. Bill Sanford, 126 Diamond Road, noted that his main concern is increased traffic. One thing that has not been addressed this evening is speed. T he intersections do not create a problem because we drive up to them. T he problem is the people who are speeding. He discussed temporary barriers being installed to slow down the traffic especially with the increased traffic from construction vehicles, etc. Derek Weeks, 104 Upland Drive, noted from the Planning C ommission meeting and tonight they have heard lots of sound comments. He believes there is a middle ground for less density which would affect less traffic, less burden on our schools, etc. Further, he believes that we need to find the middle ground for the proposed development. J ohn Cline, 3105 Westclub Drive, discussed stormwater runoff. He noted at a recent C ouncil meeting C ouncil voted to move unspent wastewater management funds into the 2020 budget. He believes that it is reasonable and would be responsible to use those funds to address some of the existing wastewater issues, which those funds were intended for, and do this before they approve any other development that might impact stormwater. Lourdes Page, 429 Homeplace Drive, noted that she is concerned about the intersection of Apperson Drive and Orchard Drive. She discussed traffic concerns at this intersection including the vehicles going around those stopped at this intersection waiting to turn. T his intersection needs to be addressed in further detail before we add more traffic here. David VanSutphen, 77 Sawyer Drive, asked Council if they were familiar with the property in question and also the intersections being discussed. C ouncil members noted that they were familiar with the property and also the intersections in question. He discussed the traffic counts and questioned how those counts could be correct. He wants to make sure that everyone is familiar with all the aspects of the existing conditions in this area. He also noted there was talk through the neighborhood that Mr. Simms had filed paperwork to preserve the property. T his development is certainly not preserving the property. Lee J ones, 800 Diamond Road, noted that she is one of the fools who walks on Diamond Road. She discussed issues she has encountered with the traffic and walking on this roadway. She is worried about the infrastructure of the road because it is falling apart. C onnie Guelich, 168 Forest Drive, noted she does not understand the math as it relates to the $30M in revenue this project is going to bring into the city of Salem. Is this over a period of years? She has concerns about school overcrowding, sewer backup, traffic etc. She expects a large part of what is driving Council is the money. She believes that the costs are going to outweigh revenue from this development, and she is worried about this. She pleaded with C ouncil to be wise in their decision and not base their decision on money. Wesley Trent, 98 Upland Drive, discussed infrastructure and stormwater runoff concerns. He read a statement to Council that he had prepared. He noted that he does not understand the cluster housing overlay. Is he going to have to look at patio homes from his home? Currently, on the market in Salem are 267 houses. He stated that 100 (?) days is the average time they are on the market so this means that we have about a 90 day supply of homes in the Salem area. Where is the demand for more house? In addition he discussed traffic concerns, infrastructure concerns, rain water runoff, etc. Marnie Benigno, 814 Scott Circle, thanked Council for listening to everyone this evening. She noted her parents live in the area. She has traffic concerns, etc. regarding the proposed development. C ourtney Hoge, 3027 Golf Colony Drive, noted that most of those here tonight understand that this property will be developed. T hey are not for "no" development, but they are for "responsible" development. He discussed the cluster housing overlay regulations compared to the single family dwelling regulations. He really has not heard an objective rational from the developer for the cluster housing overlay. He further discussed the proposed development and concerns about the density and incompatibility with the existing subdivisions. He pleaded with the C ouncil to use good judgement for responsible development of the largest parcel left in the City and reject this proposal. Mary Ann McElmurray, 181 Forest Circle, noted that the presence of over 200 East Salem citizens at the Planning C ommission hearing and the number of people before C ouncil this evening are undeniable proof that their community is worried about the adverse impacts of this development. She discussed the cluster housing overlay request and the reasons why Council should deny this request. J eff Kessel, 240 Baier Drive, reiterated the comments made by the speakers before him. He commended Mr. Fralin and the others for putting together a nice presentation, but he cautioned C ity Council that it is really a bunch of smoke and mirrors and a sales presentation. He wishes he had an hour so he could go through their slides and point out and refute all of the places where they have misled this C ouncil on some of their facts and some of the plans they are making here. He further discussed stormwater runoff concerns, problems with rentention ponds in Mr. Fralin's other developments in Roanoke C ounty, infrastructure issues, water pressure issues, etc. He believes that we need to stop, think about this and come up with a plan and wait to rezone this at a later date. J essie Howard, 70 Upland Drive, read a prepared statement and discussed schools and funding and also stormwater concerns. She noted that East Salem, South Salem, Andrew Lewis, and Salem High have all been steadily decreasing in statewide ranking over the past 15 years. Is this the pride of Salem? What is the systemic change that is occurring in our schools? Is adding another subdivision where each student will cost the C ity roughly $12,000 the best decision for us to make. She further went into detail regarding stormwater runoff and flooding issues related to the proposed development and also issues with Mr. Fralin's current development in Salem, T he Village at North Mill, related to erosion and sediment control inspections. Les Eary, 2821 Simms C ircle, noted when he looks around what he sees are his walking friends, running friends, and his neighbors, and what he also sees are people that are very upset about the Planning Commission decision. In addition, he also sees are people who will not vote for members of C ity Council that vote to rezone this property. He further noted the expiration of terms for C ity Council members, and he is sure that people in this room will probably join him in campaigning against any Council members who vote for this rezoning. C arol Keith, 119 Par Drive, noted it had been mentioned by someone that they thought Mr. Simms had placed a preservation easement or some sort of permit to preserve the property. She was recently told that Mr. Simms did have a permit but now it could not be located. She stated that perhaps someone in the Simms family has information related to this. Peggy Lovecchio, 130 Fore Drive, noted that she really loves living in Salem. She stated that she has thought about a possible solution to the traffic problem in their neighborhood. Hidden Valley Golf Course is hurting for money. T here is roadway on the back of the golf course that could be used used to tie into West Club Drive and then to Gleneagles Drive to get to Keagy Road. T his could help the golf course if the City could purchase this land and create a new exit so that there is not a bottleneck at the other exits. She believes that this could be a win for the City, for the neighborhood and for Balzer, if they could get some of these lots. C athy Fisher, 66 Upland Drive, noted that she is going to talk about transparency and trust. She has visited seven of Mr. Fralin's developments, and she attended all three of the community meetings that were held. At the developments, in most cases she saw a focus on the highest quantity of homes on the least amount of land, and this is not unlike what is proposed for the Simms property. She discussed quality issues and problems with finding a Facebook page. She noted there was no Facebook page because there were complaints on the page so it had been taken down.T his is very concerning to her, and she believes that information is being withheld. In addition, she discussed Google reviews for Integrated Utilities which has the same phone number as Mr. Fralin's company. If people did not know where to look, they would have not seen these reviews. She noted in the reviews for Integrated Utilities there were over 20 significant home complaints regarding the Fralin C ompany. Again, she feels that information was withheld from them in the meetings. Mike Fisher, 66 Upland Drive, noted he presented a copy of an independent traffic study which the City commissioned from Mattern and C raig to staff this evening. T his was the original study which was submitted to the C ity in August, which has different information than the later version of this study. He noted that he submitted a report detailing his findings and concerns to the members of the Planning C ommission and requested that it be part of the public record. He hopes that this has been forwarded to C ity Council and that they have had time to read it. He discussed issues related to infrastructure improvements, safety, traffic, etc. Also when the Apperson Drive bridge is replaced in the next few years all the traffic is going to have to use McVitty Road. T he traffic is going to end up at McVitty Road and Keagy, and he feels this intersection is very dangerous. We have never had cluster housing in the C ity. Further, he stated the view from his home is going be the back of patio homes which is not consistent with their neighborhood. He asked C ouncil to do something right, and if they are not going to do it right, then don't do it at all. Mayor Foley asked if there was any others who would like to speak. T here was no response, and the public hearing was closed. He thanked everyone for coming out and for providing their comments. With regards to Mr. Eary's comments, he encourages the citizens to get involved, stay involved and run for election. Mr. Martin asked if there were records regarding calls about sewer backups, and how we are addressing those. Mr. Robinson noted he had spoken with employees regarding sewer problems in this area, and there have been a couple of backups over the years that they have seen in the records. T his is an area that they are planning to go back and take a look to make sure we do not have sewer backups in the future. He noted that this will be done regardless if this development is approved or not. T here was so sewer work that was done in this area about ten years ago similar to what has recently been done in the downtown area. Mr. Martin asked if this was related to inflow and stormwater, etc. and Mr. Robinson noted that this is the primary issue. T here was further discussion related to the proposed sewer work to be done in this area. Mr. Martin asked if this was part of this year's work plan, or when will it happen to find out the root cause of the problems. Mr. Robinson noted that it was not on the list, but with this proposed development, they have decided to move forward with this, and it should be later this year and into next year. Vice Mayor J ohnson asked about the fire hydrant pressure and the testing of the fire hydrants. Is it true that we have not had inspections in this length of time? Mr. Robinson noted that the department has hired an Asset Manager and part of her job is to take an inventory of our system and get an idea of what is happening in the system, where we have lines that we need to improve, and ultimately to develop a master plan as to how we are going to improve the system. He noted that most of the problems are smaller water lines and older water lines in the system and not necessarily the hydrants. In fact, this past week he has spoken to some of their employees to start the process, but they are planning to move forward with this. Vice Mayor J ohnson stated that a lot of great information has been discussed this evening, and she totally understands where they are coming from as she lives very close to this neighborhood and passes through these streets a lot. We are all acknowledging that we have infrastructure problems, but she really has not heard any recommendations as to how we are going to take care of those and pay for them. One person mentioned the money that will come from the tax increase; however, this increase has been allocated toward the $30 million dollar renovation at Salem High School along with some capital projects. So that money is already allocated. She realizes that there will be an impact to the neighborhood, but she is looking at a bigger picture. While many people may be opposed to the cluster type development, she has heard from a lot of people who want this type of home and are asking for this in Salem. Many of these people have moved out of Salem because they could not find them. She agrees with comments about the costs involved with bringing in a new development with children. With regards to the schools, C ouncil has been assured by the Superintendent that the schools have more than enough capacity and South Salem was built purposely with this in mind. Overall she is thinking of this as more people supporting our community that move into Salem that spend money at the stores, go out to our restaurants, etc. T he City has already set aside money out of our meals tax to support the schools. She cannot help but think there will be an increase in revenue from this development and we should allocated some of this new revenue towards addressing these infrastructure problems. Further, she is being as open as she can be, and she appreciates their patience with this. Mr. J ones noted that he has been in the same situation where the citizens are tonight. In the 1980s, he lived in Karen Hills, and there was a proposed development adjacent to Karen Hills with no curbing and one way in and one way out. T hey were not against the development; however, there has been some issues. Today there are 85 houses in this area. T hey finally came back and put in the curbing so this helped with runoff, but they never put in another access. He understands where the residents are coming from, and he does not know about the agreement about preserving the property. C ouncil understands what they are saying and what the developer and his team are saying. It is for Council to put all the pieces together. He is a realtor by trade, and he knows that there are not 267 houses for sale in Salem. T here are approximately 80 currently available in Salem. He does not believe he has all the information to make this decision tonight and that they need to do some homework. Mr. Martin stated the stormwater runoff which affects downstream developments that have been there for years and also the traffic issues are concerns. He feels like this is a beautiful piece of property, it is in a residential setting and he thinks it makes sense for it to become places for more people to call home in Salem. But, he agrees they need a little more due diligence on the projects that we can do in the short term, what we can today, and also what capital planning may allow us to do in the future. In addition, there is a finite set of resources that the City can draw on for spending. He believes there is a way to get to a win/win for everyone, and he thinks from the City's perspective we really need to understand the scope of the projects and what the costs are and plan for that before we put the cart before the horse. Mr. Saunders noted that he wanted to thank Mr. Fralin for bringing up the things that those who live in the neighborhood have put up with for quite a while. He agrees that we need to take a step back and look at the problems just like the citizens are asking. Mayor Foley stated that he grew up here, and he knows the neighborhood just about as well as most of the people in the audience. He thinks that the issues are legitimate, and this is what we need to research. He agrees that we need more information. Some of these issues we may not be able to overcome, and he wants the residents to understand this. He does not think the schools are an issue though as they have heard from the Superintendent. T hey will not force parents to move their kids from their current school. T hey will have a choice in the matter. Traffic is a concern, and he believes it can be addressed such as the four-way stop at Westclub and Upland. He noted a three-way stop at Upland and Diamond could also help with the problem and slow people down. Again, he thinks we need more information. Also, he believes there is some misconception about the cluster housing overlay, and what the benefits are. He noted that without the C O L the developer could build more houses on this property so in essence with the cluster housing he is reducing the total number. Mr. Taliaferro noted the cluster development allows a developer to have a higher density but not use as much land, and they have to guarantee that a certain percentage of the development remains open space. He believes that the developer is guaranteeing 18 acres will not be developed. In return for guaranteeing some of the acreage will not be used at all, the developer gets more density and more houses per linear foot of street so there is an advantage for the developer as well. From an environmental standpoint, while it would be difficult to develop the slopes there is an advantage to the environment in that trees would remain, and we would not have the erosion problems. Mayor Foley noted that there are a lot of misconceptions, and they just want to share this with the citizens. William J ones motioned to continue to the November 25, 2019, meeting the requests of R. Fralin Companies, Inc., contract purchaser, for rezoning the properties located at 211 Diamond Road (Tax Map #272-2-1) and 135 Diamond Road (Tax Map #273-2-1) from A G Agricultural District/RSF Residential Single Family District to RSF Residential Single Family District and for the issuance of a Special Exception Permit to allow Cluster Housing Overlay on the property located at 211 Diamond Road (Tax Map #272-2-1) with amended proffered conditions. J ane J ohnson seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders B.Special Exception P ermit Hold public hearing to consider the request of R. Fralin Companies, Inc., contract purchaser, for the issuance of a Special Exception Permit to allow Cluster Housing Overlay with amended proffered conditions on the property located at 211 Diamond Road (Tax Map # 272-2-1). (Advertised in the October 10 and 17, 2019, issues of the Salem Times Register. Recommend approval (4-1 vote); see Page 19 Planning Commission minutes. STA FF REPO RT C .Appropriation of F unds Consider request to appropriate local funding for downtown improvements. Audit - Finance C ommittee Mr. J ones noted the Audit Finance Committee met this evening to discuss this request. T he City of Salem is working on downtown improvements at the intersection of College Avenue and Main Street. T he improvements will replace and widen sidewalks, as well as improve crosswalks. In addition to revenue sharing funds received from the Virginia Department of Transportation (VD O T ) and the associated local match, the C ity appropriated an additional $509,000 in local funding as part of the FY2019-2020 General Fund operating budget to help cover costs of this project. T he C ommittee reviewed the request and recommends appropriating $509,000 to fund the downtown improvements at C ollege Avenue and Main Street. William J ones motioned to approve appropriating $509,000 to fund the downtown improvements at College Avenue and Main Street. J ames Martin seconded the motion. Ayes: Foley, J ohnson, J ones, Martin, Saunders 5.Adjournment T he meeting was adjourned at 11:17 p.m.