HomeMy WebLinkAbout11/28/2016 - City Council - Agenda -RegularSalem City Council
Work Session Agenda
November 28, 2016
Electric Department Conference Room
City Hall
114 North Broad Street, Salem
6:00-7:30p.m.
I. Call to Order
II. Roll Call
III. Discussion Items
a. Update from Treasurer’s Department, Shatonna
Stores & other City Staff
b. Other topics for discussion, City Manager
IV. Adjournment
City Council Meeting
Monday, November 28, 2016, 7:30 PM
Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153
1.Call to Order
2.Pledge of Allegiance
3.Bid Openings, Awards, Recognitions
4.Consent Agenda
A.Minutes
Consider acceptance of the minutes from the Joint Work Session meeting with Planning
Commission and the regular meeting on November 14, 2016,
5.Old Business
A.Tourism Zone Ordinance
Consider ordinance on second reading establishing Tourism Zones. (Passed on first reading
at the November 14, 2016 meeting.)
6.New Business
A.Amendment to Zoning Ordinance
Hold a public hearing and consider the ordinance on first reading at the request of the
Salem Historical Society, property owner, for rezoning the property located at 1936 West
Main Street. (Tax Map #138-2-7) from RSF Residential Single Family District /HBD
Highway Business District to Highway Business District with conditions. (As advertised in
the November 10, and November 17, 2016 issues of the Salem Times Register.)
Recommend approval with conditions; see Page 1 Planning Commission minutes.) STAFF
REPORT
B.Salem Municipal Golf Course
Consider renewing the lease for 2017.
C.Abstract of Votes
Receive Abstract of Votes cast at the General & Special Election held on November 8,
2016.
7.Closed Session
8.Adjournment
Aud it - F inanc e Co mmittee meeting for Monday, November 28th is cancelled .
Work Ses sio n meeting 6:00 p.m., Electric Department Conference room
ITEI\4
DATE
#_14_
ll-a3-<"
UNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
November r4, zor5
A work session of the Council of the City of Salem, Virqinia, was held in the Electric
Department's Conference Room,73o West Main Street, 5alem, Virginia, on November 14, 2016,
at s:3o p.m., there being presentthe following members ofsaid Council, to wit: Byron Randolph
Foley, lane W. lohnson, William D. Jones, and lames A. Martin, and James. L. Chisom; with
Byron Randolph Foley, presiding; together with Kevin S. Boggess, City [ranaget James E.
Taliaferro, Assistant City Manager; Melinda J. Payne, Director of Economic Developmenq
Benjamin Tripp, City Planneq and Mary Ellen Wines, Zoning Administrator; along with the
Planning Commission members, Bruce N. Thomasson, Jimmy w. Robertson, Denise P. King,
Vicki G. Daulton and Samuel R. Carter, lll; and the following business was transacted:
N4ayor Foley reported thatthis date, place, and time had been set in orderfor the Council
to hold a work session; and
WHEREAS, Mr. Taliaferro gave a presentation on the the Zoning Ordinance map; and
WHEREAS, Ms. Wines, presented some information on the Sign Ordinance; and
WHEREAS, there was no further discussion to be had, Mayor Foley adjourned at 7:1o
p.m.
lvlayor
Clerk of Council
City Council Meeting
MINUTES
Council Chambers, City Hall, 114 North Broad Street,Wginia 24153
Call to Order
A regular meeting of the Council of the City of Salerrl Virginia, was called to order
at 7:30 p.rr, there being present the following members to wit: Byton Randolph
Foley, Mayor, Councilmembers: Jane W. Johnsoq William D. Jones, James A.
Martin, and James L. Chisonr; along with Kevin S. Boggess, City Manager; James E.
Taliaferro, II, Assistant City Manager and Clerk of Council; Melinda J. Payne,
Director of Economic Development; Rosemarie B. Jorda& Director of Finance;
Charles E. VanAllmaq Jr., Director of Conrnunity Development; Mike Stevens,
Connnunicatiors Director;and Stephen M. Yost, City Attomey.
Pledge of Allegiance
Bid Openings, Awards, Rec ognitiors
Consent Agenda
A. Minutes
Consider acceptance of the minutes from the October 24, 2016 Work Session and
regular meetings and the Special meeting held on November 3,2016.
Received
B. Financial Report
Consider the acceptance of Statement of Revenues and Expenditures for two months
endingAugust 31,2016.
Received
Old Business
A. Water and Sewer Disposal Rates & Charges
Consider ordinance on second reading arrrnding Chapter 90, Article III, Sections
90-74,90-128, and90-212 andArticle It{ Sections 90-236,90-237 and 90-238(a)
pertaining to water and sewer disposal and rates and charges.
Mayor Foley noted for the benefit of the students in the audience, the first tluee
PM
Salem,
1.
2.
3.
4.
items on the agenda were passed on first reading at the last meeting so they will not
go into detail on these items this evening.
William Jones motioned to adopt the ordinance on second reading amending Chapter
90, Article III, Sections 90-74,90-128, arrd 90-212 and Article IV Sections 90-236,
90-237 ard 90-238(a) pertaining to water and sewer disposal and rates and charges.
Jane Johnson seconded the motion
Ayes: Chisonl Foley, Johrsoq Jones, Martin
B. Admissions Tax
Consider ordinance on second reading amending Chapter 82, Article II, Sections 82-
210 (a) and (b) pertaining to Admissiors Tax.
Jane Johnson motioned to adopt the ordinance on second reading amending Chapter
82, Article tr, Sectiors 82- 210 (a) and (b) pertaining to Admissions Tax. James
Martin seconded the motion
Ayes: Chisonl Foley, Johnsoq Jones, Martin
C. Vehicles for Hire
Corsider ordinance on second reading amending Chapter 98, Article II, Division 2,
Section 98-126, pertaining to vehicles for hire.
William Jones motioned to adopt the ordinance on second reading anending Chapter
98, Article II, Division 2, Section 98-126, pe(aining to vehicles for hire. James
Martin seconded the motion
Ayes: Chisorrq Foley, Johrson, Jones, Martin
6. New Business
A. Conveyance of Property
Hold a public hearing to consider the sale ofa parcel known as 600 West Fourth
Street, Saler4 Virginia, Tax Map # 1434-1, consisting of .30 acres. (As advertised
in the November 3,2016 issue of the The Salem Times.)
Mr. Boggess noted this is a srnall triangular piece ofproperty located at the comer
of Fourth Street and Roanoke Street which the City has owned for a number ofyears
and has leased to the owner ofa used car lot for about 20 years. That business is no
B.
longer in operatiorq and therefore, the City is no longer receiving lease payments for
the property. Staff has had discussiors about the property and think it is the
appropriate time to go ahead and hold a public hearing to consider selling the
property to get it back on the tax rolls and into productive use. He noted that three
potential purchasers have expressed interest in the property, and we have one
written bid. However, all we are doing this evening is holding a public hearing to
receive any public conrnents. If we move forward, then any purchase contracts
would be brought back before City Council for a decision
Mayor Foley opened the public hearing and asked if anyone would like to speak.
There was no response, and the public hearing was closed.
Mr. Yost, City Attomey, noted that City Council is directing the City Manager to
continue with his marketing efforts as has already been done, and to report back to
City Council with any proposals.
James Martin motioned to direct City administration to entertain any definitive
proposals and to bring any such proposals back to City Council for action related to
the sale of a parcel known as 600 West Fourth Sheet, Salerq Virginia, Tax Map #
1434-1, consisting of .30 acres. Wlliam Jones seconded the motion
Ayes: Chisorn, Foley, Johrsorq Jones, Martin
Conveyance of Property
Hold a public hearing to consider the sale of a parcel known as 630 Union
Street, Salern, Mrginia, Tax Map # 160-ll-2, corsisting of 1.4032 acres. (As
advertised in the November 3,2016 issue of the The Salem Times.)
Mr. Boggess noted this request is similar to the previous itern This is an
undeveloped piece of property that the City has owned for quite some time, which is
located behind the gas station{Little Caesars Pizza on Fourth Street. The City would
like to hold a pubiic hearing tonight so that we can negotiate with prospective
buyers and bring any proposals back to City Council for consideration At this
point, we do not have any active prospects for this piece of property, but we have
made some irrprovements to it in terms of raising the elevation to get it a little
higher out of the flood zone.
Mayor Foley opened up the public hearing and asked if anyone would like to speak.
There was no response, and the public hearing was closed.
William Jones motioned to direct City administration to entertain any definitive
C.
proposals and to bring any such proposals back to city council for action related to
it" rut. of a parcel k o*t ut 630 Union Street, Salern, Mrginia, Tax Map # 160-11-
2, consisting of 1.4032 acres. Jane Joluson seconded the motion
Ayes: Chisorrl Foley, Johnso4 Jones, Martin
Tourism Zone Ordinance
Consider ordinance on first reading establishing Tourism Zones.
Benjamin Tripp, City Planner, and Carey Harveycutter, Director of Tourisnq
appeared before City Council in support of the request. Mr. Tripp noted the
ordinance Council has in front of them establishes Tourism Zones within the City of
Sa1er4 which are shown on the maps provided in the packet. He further noted that
the main point of doing this is that properties would qualifu as potential economic
development projects in those zones for the Mrginia Tourism Development
Firnncing progranl which provides GAP financing and some matching of incentives
on the City's part.
Mr. Harveycutter noted that it also involves us going forward with a towism plan for
the City of Salern It is interesting that this comes about when the State Tourism
conference is in Roanoke this week. He further noted that he had some discussiors
with the State office earlier today. Further, this will be a tool that we can use to
attract more people into the City of Salern
Jane Johrson noted that she appreciated them researching this and finding these
altemative forms of funding which are available to us.
James Martin noted that he thinks it is great to be able to draw the boundaries on the
map to clearly identifu what areas we are talking about. This will make it easier and
more conducive to have conversatiors with prospective investors, etc. He asked if
anything specific cornes to mind on the kiads of opportunities or what we could
potentially offer Mr. Tripp noted some of the other cornrnunities fast track site plan
approval, they rnay have different signage rules, they may waive permit fees or
application fees, etc. There is some regulatory flexibility and some relaxation of
other regulations. [r addition to this, the City could develop incentives specific to
certain types of development. Further, we would develop a list ofneeds for each of
these areas. This would be a docurnent available to the public and developers.
Mr. Harveycutter noted we are not obligated for each area to be the same so in the
different zones we could offer different things. It is a very broad policy & procedure
set forth by the Mrginia Tourisrn Mr. Martin noted that this clarified it for him He
D.
noted that he thought it was inportant to be flexible in what we can offer to find the
right incentive or right package for the kind of development that we want. Mr.
Harveycutter noted that staff will work to identifo certain areas in each of those
zones that would be higilighted that we will look for attractive tenants.
Mayor Foley asked about the maps. If a developer came to the City about a parcel
which is adjacent to the district, then will it have to be drawn into the district? He
asked if it should be inclusive as possible at this point. Mr. Tripp noted that they
have tried to be inclusive and the zones are probably a bit broader than might be
absolutely necessary for this reason We would want to amend the map in this case.
William Jones asked if there was a time table on the request. Mr. Tripp noted there
is not a tinre table but property would have to be within the zone in order to be
eligible for the State financing prograrn Mr. Harveycutter noted it is his
understanding that before we can enter into an agreement the zone has to be there
before we talk to a developer.
James Martin motioned to adopt the ordinance on first reading establishing Tourism
Zones. Jane Johrson seconded the motion.
Ayes: Chisor4 Foley, Jokrson, Jones, Martin
4127 West Main & 113 Corporate Boulevard
Corsider approval of an agreement to convey property situated in Roanoke County,
Virgrnia, Tax Map #054.04-01-10.00-0000 known as 412'7 West Main Street, Salenl
Mrginia, approximately 14.841 acres along with Tax Map # 149-14, known as 113
Corporate Blvd., Salerq Virginia, corsisting of 2. 187 acres, owned by the City of
Salen1 for property described as Part of lots 8 and 32, Old Town Plat, Tax Map #
122-6-8, known as 8 West Main Street, Saler4 Mrgnia.
Mr. Boggess noted much like Items A & B earlier, the City has held public hearings
on the sale of the two properties indicated; however, in this case, this will be a swap
of property rather than a direct sale. As Council is aware, the downtown
development plan identified particular pieces of property that the City would like to
see redeveloped or developed within the downtown area, one ofthose being the
West Salem Auto Body Shop building. Staff entered into an agreement with the
property owner, Richard Bishop, utrereby the City would corsider swapping the two
parcels of City-owned property identified. In exchange he would give us the West
Salem Body Shop property. So this is *{nt is proposed in the contract before
Council this evening. This has to come to Council for ratification and approval and
is the final step in the process leading up to closing and the actual swap ofthe
properties.
Mayor Foley noted for those in attendance the location of the properties. The first
piece of property is what most people refer to as the old Water Treatrnent plant,
which is west of the City in Roanoke County close to Glenvar High School. The
other piece is located across from the Salem Football stadium near the new Salem
Montessori School. These will be swapped for the West Salem Auto Body Shop
located on West Main Street which is next to Ridenhour Music and across from the
BTO yogurt shop. Mr. Boggess noted the body shop property will be in one ofour
tourism zones. So this building will be one we can consider for sorrp of the
deficiencies in our downtown plan and potentially developing the property with
partners, private sector mney, etc. As City Council knows, we have identified in
downtown in particular the idea of a boutique hotel, brew pub or brewery type of
operation, retail and restaurant, all being critical things we would like to see
developed in our downtown After the purchase closes, then it will come back to
City Council, the Fronomic Development staff, Planning Commissiorl and others to
help us decide how to partner and move this project into a development phase.
William Jones asked if all tkee properties are being sold "as is." Mr. Boggess noted
that this was correct. This will be a straight up swap with no money exchanging
hands. He stated a question came up earlier with regards to the Cif giving up 14+
acres for one building in downtown But, it is worth mentioning particularly with the
Glenvar property that this is an old water plant. And while it is 14 acres of industrial
property, it has a large liability because of the existing water plant buildings that are
on the property. It really cannot be sold and marketed until the demolition is
completed. The City has estimates anywhere from $200,000 to $400,000 just to
clear the property to get it ready for development. This affects the value of the
property and he knows that Council took this very seriously as they were
considering the appropriateness ofthe swap. And, agaiq the idea ofour focus on
downtown and getting a key piece of property was very important to us.
James Martin noted that he wanted to applaud the efforts of City staff and the due
diligence that has gone into pufting these pieces together. He also appreciates Mayor
Foley's leadership in working with the parties involved. He believes that this is a
positive step for the City and appreciates all the work that went into making it
happen. Other Council members agreed with Mr. Martin.
Mr. Yost noted that the motion will simply be to approve the contract as presented.
Wlliam Jones motioned approval of an agreement to convey property situated in
Roanoke County, Mrgrnia, Tax Map #054.04-01-10.00-0000 known as 4127 West
Main Street, Sale4 Mrginia, approximately 14.841 acres along with Tax Map #
E.
l4g-l4,known as 113 Corporate Blvd', Salenr, Mrginia, corsisting of 2'187 acres'
owned by the city of Salern, for property described as Part of l-ots 8 and 32, Old
Town Plat, Tax Map # 122-6-8,known as 8 West Main Street, Saler4 Mrgnia'
James Chisom seconded the motion
Ayes: Chisorrq Foley, Jotrrsoq Jones, Martin
Boards and Commissions
Corsider appointrnents for various boards and corrrnissions.
Mayor Foley asked about the other Council appointments needed for the dilferent
Committees. Mr. Boggess noted if they wanted to do it this evening they could or
they can wait until the next meeting. Mayor Foley noted he thougfrt they should go
ahead with these appointments also. Mr. Boggess noted that they would be
appointing one member to the Economic Development Connnittee and one member
to the Audit Firnnce Committee.
William Jones motioned to appoint James Martin to the Audit Finance Corrrrnittee
and James Chisom to the Economic Development Committee. Jane Johnson
seconded the motion.
Ayes: Chisorq Foley, Johnsoq Jones, Martin
Jane Johnson motioned to reappoint David Wells to the Blue Ridge Behavioral
Healthcare with a term ending December 31,2019; Bobby Russell replacing
Gregory lfumilton for the remaining of his term ending December 3 1 , 20 I 8 ; to
reappoint Cheryl Mlkinson to the Community Policy & Management Team and
Cathy Brown to replace Donna Dent as an altemate; and to reappoint Deputy Chief
Matt Rickman to the Westem Mrginia Emergency Medical Services Council with a
term ending December 31, 2019. James Chisom seconded the motion.
Ayes: Chisorq Foley, Jokson, Jones, Martin
Appropriation of Funds
Corsider request to amend School Grant Fund budget as approved by the School
Board on October 11, 2016. Audit - Finance Committee
William Jones noted the Audit Finance Corrrnittee met earlier today. The School
Grant Fund budget was amended for fiscal year 2016-17 by the School Board at
their meeting on October 11,2016. Budget amendments totaling $382,412 were
made to increase the revenue and expenditure budgets in the Grant Fund. The Grant
Fund was increased due to the new grant award notifications, carry-forward amounts
G.
and adjustments to the actual amounts received for grants. Appropriation changes
totaling $382,412 need to be made to the School Grants Funds. The committee
reviewed the request and reconrnends Council approve the School Board's
appropriation changes of $382,412 to the Grants Fund. He asked Finance Director
Rosie Jordan to explain the request.
Mrs. Jordan noted that the money is going for several different grants. After the
school year starts, a 1ot ofthe estirnates that are in the budget are just that. As the
schools receive notification of the actual grant amount or if they get notification of
new grants that were not included in the budget or arrounts that were not spent in the
prior year because their fiscal year of that grant is different than our flscal year.
These are the carryover afirounts. So each year in the fall as these amounts become
known to the school board, they go back and amend the budget. There always is a
balanced amendment - same arnount ofrevenue and same amount of expenditure
with no change to the bottom line. It balances the budget out. At this point, there is
$382,412 in additional revenue and expenditures that needs to be appropriated in the
Grants firnd for the schools.
William Jones rnotioned to amend School Grant Fund budget as approved by the
School Board on October 11,2016. Jane Jokson seconded the motion
Ayes: Chisonl Foley, Johnsoq Jones, Martin
2017 Administrative Calendar
Consider adoption of the 2017 Administrative Calendar.
Jane Johrson motioned the adoption of the 2017 Administrative Calendar. William
Jones seconded the motion.
Ayes: Chisonl Foley, Johrson, Jones, Martin
Appointment of \4ce-Mayor
Consider appointment to fill an unexpired term for Mce-Mayor. (Term will
end June 30, 2018.)
James Martin noted that he wanted to nominate Bill Jones for appointment to the
\4ce Mayor position. He got to know Mr. Jones thnough the canpaign cycle and saw
his energ, and how he is working with the citizenry and his grasp of the business the
Council is doing. James Martin motioned the appointment of Bill Jones to fill the
unexpired term for Vice-Mayor (Term will end June 30, 2018). James Chisom
seconded the motion.
H.
7.
8.
Ayes: Chisorr; Foley, Jones, Martin
Nays: Johnson
Closed Session
Adjoumment
There being no further business the meeting adjoumed at 7:57 p.m
#84_tTEtlt
AN ORDINANCE ESTABTI5HING TOURISM ZONES IN THE CITY OF SALEM OATE]]:ryII'
wHEREAS, the City of Salem has a prosperous Downtown, varied and diverse
commercial areas, and is a regional hub of economic activity, groMh, and tourism; and
WHEREAS, many tens of thousands of visitors come to Salem each year to enjoy our
recreational and sporting events, breweries, to learn about our storied history, because of
Roanoke college, and for manifold other reasons, and;
WHEREAS, the City of Salem wishes to promote hospitality, 8roMh, economic
development of all kinds, and encourage and support Downtown Salem, and;
WHEREAS, the Council desires to exercise its authority pursuant to Sedion 58.1-3851of
the code of Virginia (1950), as amended, to establish, by ordinance, the tourism zones shown
on the attached maps, prepared by the Salem Community Development Department dated
October 2015, and to create, provide for, and authorize various tax incentives and regulatory
flexibility;
NOW, THEREFORE IT BE ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA AS
follows:
1. That the presented Tourism Zones are hereby established.
2. The City Manager is hereby directed and authorized to develop a list of needs
particular to each zone.
3. The City Mana8er is hereby directed and authorized to develop such tax incentives
and regulatory flexibility as determined to be appropriate.
All ordinances or parts ofthe ordinances in conflict with the provisions ofthis ordinance
are hereby repealed.
Upon a callfor an aye and a nay vote, the same stood as follows:
James 1,. Chisom -
lames A- Martin -
William D.lones -
Jane W. johnson -
Byron Randolph Foley -
Passed:
Effective:
Mayor
James E. Taliaferro, ll, Clerk of Council
City of Salem, Virginia
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DATE IFEtrEPIb
AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF THE CODE OF
THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO
BUILDING DISTRICTS AND ESTABLISHNG DISTRICT BOLINDARY LINES ON THE ZONING
MAP OF THE CITY OF SALEM, VIRGINIA.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINTA, thAt SECIiON 106-
1 10, Article I, Chapter 106 of The Code of the City of Salem, Virginia, relating to building district
boundary lines be amended in the following particular and no other, viz:
WHEREAS, Salem Historical Society, property owner, has heretofore petitioned to have the
property located at 1936 West Main Street (Tax Map # 138-2-7) rezoned from RSF Residential-Singt.
Family District/HBD Highway Business District to HBD Highway Business District with
conditions; and
WHEREAS, in said petition, Salem Historical Society, property owner, did voluntarily proffer
conditions in addition to the regulations provided for in the HBD Highway Business District into
which this property is requested to be rezoned; and
WHEREAS, Council has reviewed the proposed conditions and is of the opinion that the
requested rezoning without the proposed conditions would not be in the best interests of the City
and that the conditions proffered will more closely comply with the intent of the Land Use Plan
heretofore adopted; and
WHEREAS, Council has adopted the provisions of Chapter 320 of the 1978 Acts of the
General Assembly of Virginia, Sections 15.2-2296 through 15.2-2302, relating to conditional
zoning; and
WHEREAS, the Planning Commission at its regular meeting held on November 16, 2016, did
recommend to Council after holding a public hearing that such rezoning be approved with the
voluntarily proffered conditions; NOW THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, thAt
Section 106- 1 10, Article I, Chapter 106, of The Code of the City of Salem, be amended, revised,
and reordained to read as follows and the map referred to shall be changed in this respect and no
other:
Section 1.
(Legal description to come.)
Said area to be rezoned contains approximately 9.331 acres.
Section 2.
The following conditions voluntarily proffered shall apply in addition to the regulations contained
in Chapter 106 of The Code of the City of Salem:
The use of the property will be limited to the following:
Civic Use Types
Administrative Services
Cultural Services
Office Use TYPes
General Offices
Commercial Use Types
Antique Shops
Assembly Hall
Homestay Inn
Micro-brewery (lf allowed by the underlying zoning)
Restaurant
Retail Sales
Studio, Fine Arts
Miscellaneous Use Types
Mixed Use (if allowed by the underlying zoning)
Outdoor Gathering
All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same
are hereby repealed.
This ordinance shall be in full force and effect ten (10) days after its final passage.
Upon a call for al aye and a nay vote, the same stood as follows:
James L. Chisom -
James A. Martin
Jane W. Johnson -
William D. Jones -
Byron Randolph Foley -
Passed:
Effective:
tc I
Mayor
ATTEST:
James E. Taliaferro, II
Clerk of Council
City of Salem, Virginia
C]TY OF SALETU ITEM #t
PLANNING COIUIMISSION
STAFF REPORT
Prepared by: Meeting Date:
City Administrative Staff November 16, 2016
Report prepared:
November 9, 20'16
RE: Hold public hearing to consider the request of Salem Historical Society, property owner,
for rezoning the property located at 1936 West Main Street (Tax Map #138-2-7) from RSF
Residential Single Family DistricUHBD Highway Business District to HBD Highway
Business District with conditions.
SITE GHARACTERISTICS:
Zoning: RSF Residential Single Family and HBD Highway Business District
Future Land Use Plan Designation: Commercial
Proposed Zoning: HBD Highway Business Diskict with conditions
Existing Use: Single Family Residence
Proposed Use: Tea Room/RestauranUGift Shop
BAGKGROUND INFORMATION:
The subject property consists of one parcel of about 9.331 located along the south side of West Main
Street. The property is currently occupied by the historic Preston House, a single family residence,
and associated outbuildings.
The applicant is requesting a rezoning to HBD Highway Business Dishict in order to allow a restaurant
and other incidental uses within the existing Preston House in a historic setting. Further, the applicant
has voluntarily proffered that only the following uses be allowed on the property:
Civic Use Types
Administrative Services
Cultural Services
Office Use Types
General Offices
Commercial Use Types
Antique Shops
Assembly Hall
Homestay lnn
Micro-brewery (lf allowed by the underlying zoning)
Restaurant
Retail Sales
Studio, Fine Arts
Page 2
Miscellaneous Use Types
Mixed Use (if allowed by the underlying zoning)
Outdoor Gathering
lsE:
This property is located partially within various flood zones.
ln accordance with Section 106-400 of the Zoning Ordinance, a site plan will have to be prepared prior
to any development on the site.
The applicant has expressed interest in the property being added to the list of properties which will be
rezoned to the new Community Business District, when and if that zone is added to lhe Zoning
Ordinance.
The Preston House is a listed structure on the National Register of Historic Places and the Virginia
Landmarks Register. As such, a historic easement exists on this property requiring consultation with
the Department of Historic Resources for any changes to the structure and grounds.
&fEMIIE:
1) Recommend approval of the request to City Council as submitted.
2) Recommend approval of the request with conditions not yet received.
3) Recommend denial ofthe request.
PLANNING COMMISSION
NOVEMBER 16,2016
't381 11 101 I
ARELLANO MAIN STREET LLC
41 ASHBY DR
DALEVILLE, VA 24083
'138t 11 111 I
WALDROP ENTERPRISES LIMITED
PARTNERSHIP
PO BOX 8050 MS 0555
BENTONVILLE, AR 72712-8O5O
138t 1l ',l2l I
MONRO MUFFLER BMKE INC
2OO HOLLEOER PKY
ROCHESTER, NY'14615-3808
1381 ',U 7l I
WAFFLE HOUSE INC
5986 FINANCIAL DR
NORCROSS, GA 30071
't38t 11 8t I
CARILION CLINIC PROPERTIES LLC
213 S JEFFERSON ST STE 1600
ROANOKE, VA 2401,I
AFFADAVIT OF I{AILING PURSUANT TO 515.2-2201
CODE OF VIRGINIA
1381 21 4t I
GES PROPERTIES, LLC
2011 W MAIN ST
SALEM, VA 24153
138/ 2t6.11 I
WHITE OAK VENTURES II LLC
41 ASHBY DR
DALEVILLE, VA 24083
1381 2t 7l I
SALEM HISTORICAL SOCIETY
8O1 E MAIN ST
SALEM, VA 24153
'139t 5t 1l t
GO.MART INC
915 RIVERSIDE DR
GASSAWAY, \AA/ 26624
't681 2t 6t I
USF PROPCO I LLC
PO BOX 29291
PHOENtX, AZ 85083-
9291
ITEM # 1
This is to certify that I mailed letters in reference to the rezoning request of Salem Historical
Society, property owner, for rezoning the property located at 1936 West Main Street (Tax Map #
138-2-7) from RSF Residential Single Family DistricUHBD Highway Business District to HBD Highway
Business District with conditions to the following property owners and adjacent property owners on
November 7, 2016, in the 2:00 p.m. mail:
,n"lJlJsJlb--Signed
City of Salem
Commonwealth of Virginia
The foregoing instrument was ackrowledged before me this _ clay of _,zo-,by
Notary Public
My commission expires:
1 inch = 100 feet
0 50 100 200
Feet
ITEM # 1
NOVEMBER 2016 PLANNING COMMISSION
1936 WEST MAIN ST.
CITY OF SALEM
Conrmunity Dcvclopmcnt
DeDrrtneot
P O Box 869
Salcm, Vtrginia 24113'0E69
Phonc: (54O) 3?5-3032
EXISTING ZONING
!r-c.,oalu-z-7 I uElg. I e.* ffi c*y*
'//1f tc-tsialtrwrrslria
ffEl aco - e*rres conYrEe Dsrict
! cuo - Cotegeturiws(y Dstnct
": DBD - Dtrmtdm &rsim$ Oslrict
! naO - Xlgtway Business Clstrisl
! lU - Xeavy UarutecilJnng Drstnct
' LM - Ught Mmuliacluring Dstricl
PtJD - Banned Unil Oistricl
I RB - ResidenrtialBusins Disrict
RMF - Rosideftial Mult-Femily Distdcl
RMF/RB' Rsidertid Mtlt-Family/R6idsnlial Busiress Dstict
RSF - Residmtial Srtgle Fil*y Oistrict
qQl nSrna - neidenlial Singit Fsmily/ResidentEl Busims Disdct
RSF/RMF - Raidenlial Simle Frily/Rosidontial Multi-Family Dtstrici
I lIu PGd t*2-7
!c-m.t
!o*w?44: ho0E Omlopmnrh Rd6!l
! norr f'rmmr
unr f] m,ar ffi coum
il rincm
iiiuirnrcn*rr*u
HBO/HM - Higtray Eusiness/t-taaw Msnuf€ct irg Dslrid m RSF/IiBO - Rosidmtial gr€Ns/tliglway Busire$ Clstricl
i HBOTLM - Htoailsy ErJsiEsrl-ight l{anfelring Ostid i}S RSF/LM - Residentislsingle Farily/Ught Manulacturing
LM/HM - Ligm Man acturingy'l-l€aw Maufeluirg Ddnd RSF/TBD - R6idential Single Family/Transitional Ehrsiness Distncl
MHP - Milutactured Hom Park Dlsirici I TBD - Transitional Business DistnctI
pETtTroN FOR ZONTNG AMENDMENT (REZONING)
CiE of Salem Department of Planning and Develapntent
Melinda J. Payne, Director
Email: moavne@salomva.gp!
1. Legal Owne(s) of property requested to be rezoned:
Judy Hough, Planner
Email: iholroh@salemva.0ov
Telephone: 540-375-3007
Ben Tripp, Planner
Emai I : l)lrirD(a)salernva.$or,/
2. Location of Property:
Address:tq tb Ir"t t s -l'; +;tC.i
Subdivision:
officialTaxMapNuniyJr: l\{' L' ?-
3
4.
Characleristics of Property
Size (Acreage): 7 JI
Deed Restrictions: I
Present User 5,'
Zoning Classification:
Present Zoning:Cf
Proposed Zoning
Land Use Designatrcn.
5. Reason(s) for Rezoning Requesturn +qc+i u)/ t
Telephone Number:
7. Affidavit:
A. The undersigned person certifles that this petition and the loregoing answers, statements, and other information
herewith submitted are in all respects true and conect to the best of their knowledge and belief, Also, the
petitioner understands that a 'Notice of Zoning Requesl' sign will be posted on the prope(y by the City.
lVailing Address:
Telephone Nu mber:
*
f s t't' a I ttt I
proposed use):
Agent(s) or property owne(s): (Specify
ol ,.-,
l\ilailing Address:
october 18,2016
Attention: Mr. Jay Taliaferro, Executive Secretary, City of Salem Planning Commlssion
Dear Mr. Taliaferro:
The Salem Historical Society, a non-profit 501-C3 organization, Tax lD #52F1088889, currently owns The
Preston House located at 1936 West Main Street in Salem. The Preston House, circa 1821, is listed on the U.S.
National Register of Historic Places and the Virginia Landmarks Register and is regulated by a Historic
Preservation Easement held by the Virginia Department of Historic Resources.
The Society hereby requests a conditional rezoning ofThe Preston House property (Tax Map #138-2-7)
from Residential Single Family and Highway Business District to Highway Business District with conditions.
The Historical Society voluntarily proffers that only the following uses be allowed on the property:
Clvlc Use Types
Administrative Services
Cultural Services
Offlce Use Types
General Offices
Commercial Use Types
Antique Shops
Assembly Hall
Homestay lnn
Micro-brewery (lf allowed by the underlying zoning)
Restaurant
Retail Sales
Studio, Fine Arts
Mlscellaneous Use Types
Mixed Use (lf allowed by the underlying zoning)
Outdoor Gathering
The Society also respectfully requests that all fees related to this rezoning be waived.
The Society understands that the City is considering the creation of a new zoning district called the
Community Business District. AlthouBh the Highway Business District zoning will serve the immediate needs
ofthe Society, we aie very interested in rezoningthe property to Community Business District if the City
decides to move forward with the new classification. The Society hereby requests that this property be
rezoned to CBD should the City move forward with a new zoning map.
The venerable Preston House will not be changed from its current footprint or confiSuration and will
not be remodeled so as to compromise its historical identity. The currently proposed business is a Tea Room
Restaurant/Gift Shop and would operate within this valuable framework. lt would provide a venue for both
Salem citizens and visitors to our community to enjoy and appreciate this historic property while dining and
shopping.
Such a commercial designation would return the property to productive use and create an opportunity
for attractin8 more visltors to Salem and Main Street. As a destination-type business, The Preston House
could serve as an anchor, creating an impetus to draw other privately-held restaurants, as well as an array of
other desirable businesses which could flourish in the area, resulting in a growth of tourism on Salem's Main
Street.
Thank you for your consideration of this request.
Sincerely yours, -r
q.il*Dq,e,^)
J. David Robbins, Treasurer
The Salem Historical Society The Salem Historical Society
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UNAPPROVED MINUTES
PLANNING COMMISSION
November 16,2015
A regular meetinB of the Planning Commission of the City of Salem, Virginia, was held in
Council Chambers, City Hall, 114 North Broad street, at 7:00 p.m., on November 16, 2016, there
being present the following members of said Commission, to wit: Vicki G. Daulton, Jimmy W.
Robertson, Samuel R. Carter, and Denise P. King (Bruce N. Thomasson - absent); with Vicki G.
Daulton, Chair, presiding; together with James E. Taliaferro, ll, Assistant City Manager and
Executive Secretary, ex officio member of said Commission; Charles E. Van Allman, Jr., Director
of Community Development; Benjamin W. Tripp, city Planner; Mary Ellen Wines, zoning
Administrator; and William C. Maxwell, Assistant City Attorney; the following business was
transacted:
The October 12, 2016, work session and regular meetinS minutes were approved as
written.
ln re:
oropertv owner, for rezoninr the orooertv located at 1936 West Main
Street flax Map # 138-2-7) from RSF Residential Sinqle Familv
DistricvHBD Hishwav Business District to HBD Hishwav Business Distrid
with conditions
The Executive Secretary reported that this date and time had been set to hold a public
hearing to consider the request of salem Historical Society, property owner, for rezoning the
property located at 1936 West Main Street (Tax Map #138-2-7) from RSF Residential Single
Family District/HBD Highway Business District to HBD Highway Business District with conditions;
and
WHEREAS, the Executive Secretary further reported that notice of such hearin8 had
been published in the November 3 and 10, 2016, issues of the Salem Times Resister and
adjoininB property owners were notified by letter mailed Novembet 7,2076; and
WHEREAS, staff noted the following: the subject property consists of one parcel of
about 9.331 located alont the south side of West Main Street; the property is currently
occupied by the historic Preston House, a single family residence, and associated outbuildings;
the applicant is requesting a rezoning to HBD Highway Business District in order to allow a
restaurant and other incidental uses within the eristing Preston House in a historic setting;
funher, the applicant has voluntarily proffered that only the following uses be allowed on the
property:
Civic UseTypes
Administrative Services
CulturalServices
Office Use Types
Generaloffices
commercial Use Types
Antique Shops
Assembly Hall
Homestay lnn
Micro-brewery (lf allowed by the underlying zoninB)
Restaurant
RetailSales
Studio, Fine Arts
Miscellaneous Use Types
Mixed Use (if allowed by the underlying zoning)
Outdoor Gathering
tssuEs:
This property is located partially within various flood zones; in accordance with Section 106-400
of the Zoning Ordinance, a site plan will have to be prepared prior to any development on the
site; the applicant has expressed interest in the property being added to the list of properties
which will be rezoned to the new Community Business District, when and if that zone is added
to the Zoning Ordinance;
The Preston House is a listed structure on the National Register of Historic Places and the
Virginia Landmarks Register. As such, a historic easement exists on this property requiring
consultation with the Department of Historic Resources for any changes to the structure and
grounds; and
WHEREAS, Dave Robbins of 620 HiBh Street, representing the Salem Historical Society,
appeared before the Commission explaining the rezoning request; he noted that he is Treasurer
ofthe organization and also a member ofthe Preston House Committee; he stated The Preston
House, circa 1821, was originally owned by Dr. Esther Brown, who lived in the residence, was a
3
medical doctor who was quite well known in the community; Dr. Brown inherited the property
from her Mother, who inherited it from her father, charles Preston, who he believes was a
deputy sheriff or maybe sheriff of Roanoke county; he noted that the house was built around
1820 and is on the U.S. National Register of Historic Places and the Virginia Landmarks Register
and is regulated by a historic preservation easement held by the Virginia Depanment of Historic
Resources; he further gave additional information on the history of the residence and property;
they are basically trying to preserve the house and in doing so, they feel they need to change it
from Residential Single Family to a use that is higher and more productive that will help them as
a Society to preserve the house and also hopefully to make money for the Society while also
opening it to the public; he stated they have added proffers with the request as they want to
limit what the residence can be used for; in addition, they are also requesting that the property
be considered for change if the community Business District zoning is adopted; further, the
reason they are requesting this is so that if the proposed restaurant ceased to exist, they would
like it if someone had maybe an art gallery or an antique store, and they would want it so they
could have the business downstairs and live upstairs; he believes that would be permitted in
the Community Business District zoning and
WHEREAS, Commissioner King asked Mr. Robbins if they were aware that the property
is highly restricted because of the historical easement; so as part of this request would they get
the necessary approvals from the Board of Historic resources to allow the changes because she
believes there would need to be some restoration work done to the property; Mr. Robbins
noted that they would and further, they will see members of the group out in the community
raising funds very quickly; he noted that the easement does not restrict so much the uses as
they actually had asked the same question previously; it does restrict what can be done to the
property as a whole; Mrs. KinS noted that she believes there is a letter from the Department of
Historic Resources somewhere that funher explains the easement; Mr. Robbins noted that they
actually have several letters; he quoted from one of the letters: 'the easement contains no
lan8ua8e restrictin8 the uses that may be made of the house or the activities that may be
conducted within the house thus the uses listed retail, antique store, bed & breakfast, funeral
homes, travelers center operated by local government, Chamber of Commerce, attorneys'
office, CPA office, etc. is possible;" so the uses are not really restricted, but they will have to
submit a site plan; they could not really build anything else on the property, except that they
could construct a replacement for the dilapidated garage that is better looking, etc.; he further
discussed the residence and any proposed changes/repairs they would make to the property,
etc.; he also read another letter from the Department of Historic Resources with regards to
changes they could make to the historic property; Commissioner King noted that the
Commission just wanted to make sure before a lot of money was spent on the proposed use of
4
the property that they had researched the restrictions on the historic easement; Mr' Robbins
noted that whether they do anything or not, they will have to restore the front part of the
residence; the main drawback might be the parkingforthe proposed business as the rest ofthe
restoration really needs to be done to the house; and
WHEREAS, Commissioner Robertson said with regards to the parkin8, has there been
any mention of limits on the amount of parkin8 they could have; Mr. Robbins noted that they
are not aware of any limit on the parkin8; he stated that the proposed restaurant will be a
tearoom type of restaurant with occupancy of maybe 60 people maximum on a daily basis, and
at the most they will probably need approximately 15 spaces; he feels that the material of
driveway for parking may be the biggest hangup for the project; lvlr, Robertson noted that if
they have an outside gatherinS, then he would think the crowd could be a little larger; Mr.
Robbins noted that this is correct, and they needed to, they could probably park vehicles across
the street; they added the "outdoor gathering" use in the event the Historic Society decided
they wanted to have a meeting outside with maybe 100 some people then they did want to run
into any issues; the proposed tenant may consider doing wedding5 as part of the business, and
in this particular case, he thinks that vehicles could be parked in the yard on a short-term basis;
and
WHEREAS, Commissioner King asked if the Society owned any property that is outside of
the historic easement, and lvlr. Robbins noted that they did; he explained the area on the
property that is not included in the easement and improvements that might be needed if they
had to use this area for parking; and
WHEREAS, Chair Daulton asked how long the property has been on the Virginia
Landmarks ReSistry; Mr. Robbins noted that he thought it was 2004; Mrs. Daulton noted that
she thought the members of the Brown family were the ones to place the easement on the
property, and Mr. Robbins noted that Dr. Brown was still living on the property at the time; he
noted that Mike Pulice with the Department of Historic Resources is the one that actually wrote
it up for Dr. Brown; it was clarified that the date ofthe historic easement was 2006; and
WHEREAS, Chair Daulton asked how long has it been since someone lived in the house,
and Mr. Robbins noted maybe 2 to 2 % years; Mrs. Daulton noted so the family moved out after
the Society purchased the property; Mr. Robbins noted that one of the sons may have lived
there for a little while; and
WHEREAS, Commissioner Robertson asked if they planned to furnish the house along
the way or just leave it as open rooms; Mr. Robbins noted that the proposed tenant will have
5
just tables, but they do not have all the details worked out as theY were waiting on getting
approvals from the City before they siSn the lease; he further discussed details about furnishing
ofthe house, items remaining in the home, etc.; and
WHEREAS, Commissioner King noted the request states that we are being asked to
rezone only one tax map parcel, but in looking at the plat, there are multiple tax map numbers;
she asked if all the parcels have been combined into one parcel, and Mr. Tripp noted that they
have been combined; and
WHEREAS, no other person(s) appeared related to said requesti
ON MOTION MADE BY COMMISSIONER ROBERTSON, AND DULY CARRIED, thE PIANNiNg
Commission of the City of Salem doth recommend to the Council of the City of Salem that the
request of Salem Historical Society, property owner, for re2oning the property located at 1936
West Main Street (Tax Map fl138-2-7) from RSt Residential SinBle Family District/HBD HiShway
Business Distrid to HBD Highway Business District be approved with the following proffered
condition:
The use ofthe property will be limited to the followinS:
Civic Use Types
Administrative Services
CulturalServices
Office Use Types
ceneralOffices
Commercial Use Types
Antique Shops
Assembly Hall
Homestay lnn
Micro-brewery (lf allowed by the underlying zoning)
Restaurant
RetailSales
Studio, Fine Arts
MisGellaneous UseTypes
Mixed Use (if allowed by the underlying zoning)
Outdoor Gathering
--the roll call vote: all aye.
There being no further business to come before the Commission, the same on motion
adjourned at 7:23 p.m.
Executive Secretary
Cha ir
ITEM #GB
DATE \\-a8-aolb
THrS LEASE AGREEMENT, made and entered inEo this the
-
day
of December 20L5, by and between the CITY OF SAIEM, VIRGINIA' a
launicipal Corporati6n, party of the first part, hereinafter
referred to as Lessor, ina -cffenf,ss 6ILLIAI'1 .ISHNSTON, partsy of the
second part, hereinafEer referred to as Lessee.
: WITNES SETH:
THAT FOR AND IN CONSIDERATION of the palments and
undertakings on the part of che Lessee. as hereinafter more
particularly set forth. the Lessor does hereby lease unto the
party of tshe second part, as Lessee, al-I tshat certain tract or
parcef of Iand, situate in the Citsy of Sa1em, Virginia,-ontaining approximately fort.y-six (a5) acres, lying west of
Academy StreeE and adjacents thereto, and commonly known and
referred to as the "Gol-f Course" properEy, upon tshe following
tserms and conditions:
This fease is for a period of Ewelve (12) months or one (1)
year, beginning ,January 1,, 20L'7 , wit.h the right or privj-Iege of
renewing the same for an additional period of twelve (12) months
or one (1) additional year, conditioned upon the approval of the
Lessor and the L,essee paying to t.he Lessor, 10? of al-l- receipts
for fees, goods, and services after the firsts $15,000 of Ehe
same; and t.o that end the Lessee shall mainEain good and accurate
records of all receipt.s received and furnish montshly statementsthereof tso t,he Lessor.
(1) The Lessee shaII use and occupy the leased premises
so]e1y for the purpose of the operation of a golf course.
(21 The said Lessee agrees tha! he wi11, during Ehe term ofthis Lease. apply for and secure a proper business License and
save harmless the Lessor for and from any personal injuries to,or any damages suffered by, any person in his property orproperty rights while upon the leased premises, or the
improvement.s thereon, whether such injuries or damages shouldarise out of any defect, inherent or otherwise, in the feasedpremises, or t.hose that. are brought about due to the carelessnessor negligence of any agent, servant., employee or patron of the
Lessee; and in t.his connection, the Lessee agrees that he wil-l-,at all t.imes, carry adequate insurance in some good and solven!
insurance company, which insurance shall protect both the Lessor
and the Lessee against loss that may be incurred on account. of
such personal injuries or damages suffered by any such person.
Lessee agrees that. aII insurance policies will- contsain anappropriate endorsement with a thirty-day notice of cancell-ation
Eo Ehe Lessor. A11 proceeds of fire and ext.ended coverageinsurance sha11 be first applied tso the rebuilding of any damagedor descroyed buildings. Certsificates from the insurance company
showing the coverage carried, with the endorsements thereon,shall- be furnished by t.he Lessee to Ehe Lessor within thirty daysaftser the effective dat.e of this Lease and in the event they are
not. so furnished to Lessor, it sha11 have the right to secure the
same and such charges shaII become additional rent. Lessor shalf
be named as an addit.ional insured.
(3) The Lessee further agrees that he will keep the
premises in an att.ract.ive condition for Ehe purposes for which it
is tso be used and that he wifl not sublet, or permit thepremises, or any part. t.hereof , to be used by any ocher person,
firm or organizat.ion without first having secured the written
consent of the Lessor.
(4) The Lessor on its part agrees that it wiff maintain the
building to be erectsed upon t.he premises, in a manner as is usual
and currently applicable to a like st.ruct.ure and will make a
reasonable effort to cooperate with the Lessee in Ehe uses heintends to make of t.he property.
WITNESS the foflowing signat,ures:
Lessee
Char]es William Johnston
CITY OF SALEM. VIRGINIA. LessoT
Its Mayor
ATTEST;
Its Clerk
By
By