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HomeMy WebLinkAbout9/11/2023 - City Council - Agenda -RegularCity Council Meeting AGENDA Monday, September 11, 2023, 6:30 PM Work Session 6:00 P.M. Council Chambers, Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 Regular Session 6:30 P.M. Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION 1.Call to Order A.Discussion Items Follow up to discussion on Citizen Comment requests. 2.Adjournment REGULAR SESSION 1.Call to Order 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.Consent Agenda A.Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. B.Minutes Consider acceptance of the August 28, 2023, Work Session and Regular Meeting minutes. 5.Old Business A.Amendment to the Zoning Ordinance Consider ordinance on second reading for the request of Helm Building Enterprises Ltd., property owner, for rezoning the property located at 105 St. John Road (Tax Map # 155-3-2) from HBD Highway Business District to HM Heavy Manufacturing. (Approved on first reading at the August 28, 2023, meeting.) Consider ordinance on second reading for the request of Doyle Properties, LLC, property owner, for rezoning the property located at 2005 East Main Street (Tax Map # 78-2-2.11) from RSF Residential Single Family to HBD Highway Business District. (Approved on first reading at the August 28, 2023, meeting.) C.Amendment to the Zoning Ordinance Consider ordinance on second reading for the request of Neal Wall, property owner, for rezoning the properties located at 1139 Highland Road (Tax Map #230-2-7) and portions of 1127 (Tax Map #230-2-5) and 1133 Highland Road (Tax Map # 230-2-6) from RSF Residential Single Family to HBD Highway Business District. (Approved on first reading at the August 28, 2023, meeting.) 6.New Business A.Appropriation of Funds Appropriate Virginia Tourism Corporation (VTC) ARPA Sports Marketing Incentive Program Grant for Stagg Bowl. Audit - Finance Committee B.Appropriation of Funds Appropriate excess local funding due to utilization of American Rescue Plan Act (ARPA) funding. Audit - Finance Committee C.Appropriation of Funds Consider request to re-appropriate funding for various capital items. Audit - Finance Committee D.Appropriation of Funds Consider request to amend the School Cafeteria Fund budget as approved by the School Board on August 8, 2023. Audit - Finance Committee E.Salem Band Boosters Consider request from the Salem Band Boosters for a donation ($4,422.46) equal to the amount of admissions tax paid in connection with the annual Drum Corps International Summer Music Games competition held on August 1, 2023, at the Salem Stadium. 7.Adjournment B.Amendment to the Zoning Ordinance Item #4B Date: 9/11/2023 City Council Meeting MINUTES Monday, August 28, 2023, 6:30 PM Work Session 5:45 P.M. Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 Regular Session 6:30 P.M. Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 WORK SESSION 1.Call to Order A work session of the Council of the City of Salem, Virginia, was held in the Council Chambers Conference Room, City Hall, 114 N. Broad Street, Salem, Virginia, on August 28, 2023, at 5:45 p.m., there being present the following members of said Council to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice- Mayor (participated remotely); Council members: Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding together with James E.Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Laura Lea Harris, Deputy Clerk of Council; Karen Edmonds and Joe Paxton, Executive Mangers with The Berkley Group (both participated remotely); and the following business was transacted; Mayor Turk reported that this date, place, and time had been set in order for the Council to hold a work session. 2.New Business A.Discussion Items 1)Finalize City Manager recruitment profile with the Berkley Group 2)Discussion of Citizen Comment requests Mayor Turk noted that she had shared the draft recruitment profile for the search for a new City Manager by the Berkley Group with Council by email for them to review. Discussion was held by Council on the draft City Manager recruitment documents prepared by the Berkley Group. Minor suggested edits were discussed. Berkley indicated that they would finalize the document for final review with the goal of posting the position on September 4th. Council was provided with a list of the citizen comment requests from the June 26, 2023, through the August 14, 2023, Council meeting. Mayor Turk addressed concerns from the June 26 meeting. Comments from the June 26th Council meeting were reviewed. The two-by-two meetings were discussed. Some Council members felt that this was a good way to be kept updated by the City Manager without having a formal meeting and all of the Item #4B Date: 9/11/2023 details involved in that. Some Council members shared that they felt this did not allow them to be as transparent and also that they felt they were not able to hear all feedback. It was suggested that it would be wise to wait until a new City Manager is hired before making a decision on practices that would involve his/her direction. Comments from the July 24th Council meeting were also reviewed by Council. It was noted that work is being done to move ahead with formulation of a new Comprehensive Plan that will inform potential zoning code revisions. Council discussed overall code update needs and wanted to understand the role of the City Attorney in this process. Mayor Turk requested that a future Work Session be held with the City Attorney to discuss this further. Staff was asked about the status of an update on the potential adoption of the Virginia Building Maintenance Code and updates on the land use sections of the City's Code. Mr. Light noted that the Work Session for the second September Council meeting is already scheduled to provide an overview of the maintenance code and other land use items discussed by Council at their retreat. It was also noted that a Joint meeting of Council and the Planning Commission is scheduled for September 29, 2023, and a Joint meeting of Council and the EDA is scheduled for October 2, 2023. The Mayor requested that they pick back up with this discussion beginning with the August 14th requests at the next Work Session. 3.Adjournment There being no further business, Mayor Turk adjourned the meeting at 6:22 p.m. REGULAR SESSION 1.Call to Order A regular meeting of the Council of the City of Salem, Virginia, was called to order at 6:30 p.m., there being present the following members to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor (participated remotely); Councilmembers: Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development; Mike Stevens, Director of Communications; and Jim Guynn, City Attorney. 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions A.Recognition of Constitution Week and Fort Lewis Chapter of NSDAR Present Proclamation to Elizabeth Vincel, Chapter Regent of the Fort Lewis Chapter of the National Society Daughters of the American Revolution (NSDAR) in Item #4B Date: 9/11/2023 recognition of Constitution Week 2023. Mayor Turk recognized Constitution Week 2023 and the Fort Lewis Chapter of the National Society of the Daughters of the Revolution (NSDAR). She noted that on September 17th at 4:00 p.m. is the time that people generally ring bells to celebrate the signing of the Constitution. Mayor Turk asked that Elizabeth Vincel, Chapter Regent of the Fort Lewis Chapter of the NSDAR, and other Chapter members come forward while she read the Proclamation aloud. Mike Stevens took pictures of the group with Council. Council thanked the group for all of their work. 4. Consent Agenda Mayor Turk requested that Mr. Light read a request from Vice-Mayor Wallace to participate remotely in this Council meeting. The request from Mr. Wallace stated: "In accordance with Section 2.2-3708.3 B.4 of the Code of the Commonwealth of Virginia and the Remote Participation Policy of the City of Salem, I hereby request to participate remotely for a personal matter, specifically that I am out of town." Byron Randolph Foley motioned to accept the remote participation of Vice-Mayor Wallace. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk Abstain: Wallace A. Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing at the same meeting. Betsy Freund, 381 Walnut Road, was the only citizen to address Council this evening. She expressed concern about the proposed development of the Hope Tree campus. She noted that Hope Tree Family Services is a nonprofit 501(c)(3) corporation and that they have financial pressures and need revenue to continue the important mission of helping both displaced children and some developmentally disabled adults. She also empathized with the residents of North Broad Street in their concerns of increased traffic as well as their desire to preserve the green spaces and to maintain the historic character of the street by limiting nearby development. She stated that finding a way to balance the financial needs of Hope Tree with the needs of surrounding neighbors would be best. Ms. Freund proposed that Hope Tree adapt any buildings no longer in use for housing. She shared an example of how Staunton has successfully done this with the former Western State Mental Hospital Complex. These historic buildings have been turned into the Villages at Staunton condominiums and are maintaining all of the existing greenspace. She also noted that the Hope Tree property is much smaller than the one in Staunton and they may propose additional housing beyond the reuse of some of the existing buildings. If this is the case, she recommended that new construction be built on the flatter ground above in an effort to maintain the green swath of the horse pasture below. She expressed concern for any construction done on the steep hill due to drainage and runoff issues. Ms. Item #4B Date: 9/11/2023 Freund stated that part of what makes any community special is keeping their older, historically significant buildings and adapting them for new uses as needed. She also expressed the importance of preserving green spaces. She proposed discreet development up on the hill that would be minimally seen from below, both to benefit the mission of Hope Tree and to maintain the integrity and historic charm of the surrounding neighborhood. She indicated that less housing could ideally work to Hope Tree's benefit as less housing could be priced higher due to offering more privacy and open green space. Mayor Turk noted that a number of citizens were here this evening in support of this topic this evening. She asked Mr. Van Allman if anything had been submitted at this point. He indicated that Community Development had received a draft proposal of how they plan to develop a PUD but that this is in draft form, and they are working out the form for submission. Mayor Turk noted that Council understands the concerns that are being expressed and that she had spoken to Mr. Morris at Hope Tree to let him know that there are a number of concerned citizens. She has also spoken to Mr. Van Allman a number of times, and expressed that Council has the highest confidence in Salem's Community Development Department to review the technical aspects of any such request. He has indicated that they will be looking at possible issues such as stormwater, traffic impact, and utilities. They will also be working with the Police Department and the Fire Department for any concerns, She had confidence in our staff to evaluate any impacts. Mayor Turk emphasized that there are very few actual facts that we know at this point. Mr. Foley noted for the public that there will be opportunities for the public to speak and express their feelings at a public hearing to the Planning Commission and a public hearing in front of Council when this item comes to Council officially. Mayor Turk shared again the comment made by Mrs. Reinhard at the previous Council meeting that this is privately owned property. The plan will have to come before the Planning Commission and Council before any actual work can be done. B.Minutes Consider acceptance of the August 10, 2023, Special Work Session, and the August 14, 2023, Work Session and Regular Meeting minutes. The minutes were approved as written. C.Financial Reports Consider acceptance of the Statement of Revenues and Expenditures for the one month ending July 2023. The financial reports were received. 5.Old Business A.Urban Archery Ordinance Consider ordinance on second reading to adopt Section 14-4, Hunting Deer During Urban Archery Season, of Article I, In General, of Chapter 14, Animals, Item #4B Date: 9/11/2023 of the Code of the City of Salem providing for an urban archery deer season in the City of Salem. This was added to the amended August 14, 2023, agenda as a supplemental item and approved on first reading. Mayor Turk noted that this is in line with the State of Virginia's Code. H Hunter Holliday motioned to adopt ordinance on second reading to adopt Section 14-4, Hunting Deer During Urban Archery Season, of Article I, In General, of Chapter 14, Animals, of the Code of the City of Salem providing for an urban archery deer season in the City of Salem. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 6. New Business A. Special Exception Permit Hold public hearing to consider the request of Jesse Spence, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 128 Bellevue Avenue (Tax Map # 78-1-1). (Advertised in the August 17 and 24 issues of the Salem Times-Register.) (Recommend approval; see page 3 of Planning Commission minutes.) STAFF REPORT Mr. Van Allman explained that this property is on the corner of Bellevue and Woodlawn. Essentially, the owner would like to add separate electrical and water and sewer service and rent the two units out as multi-family dwellings. In order to do this in residential single-family zoning they would need a special exception permit. Community Development would require them to go through the permit process and noted a minimal one-hour firewall that goes up to the shingles of the roof would be required as well as some handicap requirements related to ingress and egress. The completed units would be in compliance with the building and zoning code requirements. Mayor Turk opened the public hearing. Noone came forward to speak. Mayor Turk closed the public hearing. Mr. Foley pointed out for the benefit of the public that even thought this is zoned residential single- family, the unit across the street already is a duplex and that this would be consistent with the neighbors. Mr. Holliday asked to clarify if this is a single unit or two. Mr. Van Allman clarified that this is currently one unit because it has one electrical and one water/sewer service with a door that connects. In order to make this two separate units with services, the Building Code states that there has to be a firewall between the Item #4B Date: 9/11/2023 two units. William Jones motioned to approve the request of Jesse Spence, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 128 Bellevue Avenue (Tax Map # 78-1-1). H Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace B. Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for the request of Helm Building Enterprises Ltd., property owner, for rezoning the property located at 105 St. John Road (Tax Map # 155-3-2) from HBD Highway Business District to HM Heavy Manufacturing. (Advertised in the August 17 and 24 issues of the Salem Times-Register.) (Recommend approval, see pages 3-5 of Planning Commission minutes.) STAFF REPORT Mr. Van Allman shared the information that Council had approved that the parcel next door be rezoned for the same use, so this would be very consistent with what was done in the past. Mayor Turk opened the public hearing. Ted Dyer, Vice- President of Helm Building Enterprises, 1491 Southside Drive, noted that they had just subdivided this from a lot that went to the street. Both properties beside it are zoned as Heavy Manufacturing. They have reached out to the owners across the street as well as to the development of what is going to take place across the street on St. John Road and plan to add six more ten-thousand-square foot warehouses for Salem. He offered to answer any questions. Mayor Turk closed the public hearing. Randy Foley motioned to adopt ordinance on first reading for the request of Helm Building Enterprises Ltd., property owner, for rezoning the property located at 105 St. John Road (Tax Map # 155-3-2) from HBD Highway Business District to HM Heavy Manufacturing. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace C. Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for the request of Doyle Properties, LLC, property owner, for rezoning the property located at 2005 East Main Street (Tax Map # 78-2-2.11) from RSF Residential Single Family to HBD Highway Business District. (Advertised in the August 17 and 24 issues of the Salem Times-Register.) (Recommend approval, see pages 5-6 Item #4B Date: 9/11/2023 of Planning Commission minutes.) STAFF REPORT Mr. Van Allman noted that Community Development had received about five comments this afternoon on this item and that in general the comments were not in support of this rezoning request. The main issue cited was traffic. Another issue was that this was in the character of the community. A number of people have expressed the concern that this remain residential. Mayor Turk noted for the record that Council does have a copy of the comments from the various citizens, and they had also received this via email. Mayor Turk opened the public hearing. Chris Burns of Balzer and Associates, 1208 Corporate Circle, Roanoke, appeared before Council on behalf of the property owner who was also in attendance at the meeting. He pointed out that the proposed request is to rezone this property from Residential Single- Family to Highway Business District. This is consistent with the Future Land Use Map. They were pleased that the Planning Commission recommended approval of that. He stated that they would be happy to answer any questions. Mr. Wallace stated that in reviewing the packet it appeared that a corrugated building was being proposed and asked to verify if this was correct. Mr. Burns responded that the proposed building was a premanufactured metal building and that there was a rendering from the manufacturer's website in the packet. The owner does plan to dress up what is reflected in the picture, and he would be happy to elaborate if they would like for him to do so. Mr. Wallace asked if the owner would consider a proffer that the building not be a corrugated metal design in order to appease concerns of some of the adjoining neighbors that are trying to maintain residential characteristics. Cecil Doyle, 204 S. Jefferson Street, Roanoke, 24011, appeared before Council and stated that he was not aware that there was an issue with using a pre-engineered building as this was the first, he had heard of that. He noted that what he was proposing was a high-end pre-engineered building. He elaborated that there was a wide spectrum of this type of building available and that what he was proposing was at the high end of the spectrum as it would have a wainscotting, a well-defined entrance, standing seam roofing, shutters on the windows, and cupolas on the roof. Mr. Holliday asked for the exact nature of what the building would be used for as he felt that some of the citizens did not know this information. Mr. Doyle responded that he collected classic cars. He noted that he typically would have fifteen to twenty cars. He had been storing them in Floyd but had decided that this is not convenient to Roanoke and that the gravel road it is located on is not conducive to storing classic cars. He has sold these cars and planned to provide a facility in Salem or Roanoke where he could store his cars initially but to build it such that it could be built Item #4B Date: 9/11/2023 out to an office space or something compatible with HBD zoning. He noted that there were a lot of uses compatible with HBD that would not be compatible with that particular lot and that the lot was not large enough for a lot of the uses that would be undesirable. He continued that for now it would be a nice-looking shell building that he predicted would turn into an office building moving forward. Mr. Holliday asked who the cars would belong to. Mr. Doyle responded that there would only be cars belonging to him and that he would not be storing classic cars belonging to others. Mayor Turk commented that she understood that there would be some landscaping and that the area would be nicely enhanced. Mr. Doyle confirmed that it would be buffered on the residential side with a fence and evergreens as required by Code. He noted that everything is being done according to the Code. He continued that there would be a buffer on Point Pleasant as well as East Main. He said that there is already a buffer on the East side. He noted that he has already done a lot of cleanup on this lot. Council thanked Mr. Doyle. Mr. Wallace asked if Mr. Doyle would be willing to accept a proffer that this not be a corrugated style building. Mr. Guynn advised that Council cannot request a proffer. Mr. Wallace noted to his colleagues that if the City is going to enhance their Main Street corridors, that corrugated steel would not do so. Ted Dyer, Helm Building, 1491 Southside, noted that as a supplier of approximately 2 million square feet of metal buildings last year across the states of Virginia, West Virginia, Pennsylvania, North Carolina, and Georgia, he asked that City Council when reviewing this keep in mind that they recently rezoned a Dorsey property that allowed it to have a metal building near to a lot of nicer homes that would be much closer that was City purchased property. There is an allowance for that to be a metal building and that affects Ashley Drive, Mill Lane, and all residents in that area. He felt that this needed to be considered when telling a citizen what they could do with their land. He also asked that they consider the recently allowed expansion with metal of GE as part of the gateway down 419 for the City, He felt that an owner should have the right to decide what materials he wished to use on his property. Mr. Dyer also noted that we are starting to see homeowners going for the industrial look in architecture and are seeing some of this in neighborhoods. He asked Council to keep this in mind going forward and as metal buildings are considered in the future. Mayor Turk closed the public hearing. Item #4B Date: 9/11/2023 Mr. Foley expressed that he was not opposed to the rezoning but that his concern was with the building. He stated that he was not opposed to metal buildings but that he did not think going forward that they would allow metal buildings the length of Main Street. He did not feel that it reflected well on Council if that section of Main Street was not treated as the rest of Main Street. He felt that Council may be setting themselves up for trouble in the future if they were not consistent in this by denying one request and allowing another, particularly because of the area that it was in. William Jones motioned to adopt ordinance on first reading for the request of Doyle Properties, LLC, property owner, for rezoning the property located at 2005 East Main Street (Tax Map # 78-2-2.11) from RSF Residential Single-Family to HBD Highway Business District. H Hunter Holliday seconded the motion. Ayes: Holliday, Jones, Turk Nays: Foley, Wallace D. Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for the request of Neal Wall, property owner, for rezoning the properties located at 1139 Highland Road (Tax Map #230-2-7) and portions of 1127 (Tax Map #230-2-5) and 1133 Highland Road (Tax Map # 230-2-6) from RSF Residential Single Family to HBD Highway Business District. (Advertised in the August 17 and 24 issues of the Salem Times-Register.) (Recommend approval, see pages 6-8 of Planning Commission minutes.) STAFF REPORT Mr. Van Allman clarified that these lots were dual frontage from 419 and Highland and they front both streets. The side on Highland is very residential and 419 is kind of like a bowl. There will be some issues that will have to be worked out at Site Plan stage of the process in regard to Stormwater. This is an issue that they are aware of. He noted that some of the lots would be kept residential and the other one will go to all Highway Business District. He indicated that some of the subdivision plats that were submitted as exhibits could be confusing but that two of those lots would remain residential. Mayor Turk opened the public hearing. Ben Crew, acting agent on this request, Balzer and Associates, 1208 Corporate Circle, Roanoke, He shared that the property owner, Neal Wall, was with him this evening. He said that this request was pretty straightforward, and that Mr. Wall had owned the property for some length of time as well as adjacent lots. He explained that they were rezoning one lot in its entirety and a portion of two other parcels such that the residential portion is being maintained on the back basically concentrating the commercial on Electric Road. He referenced the Planning Commission minutes and the information contained there as well as a comprehensive Staff report prepared by Max Dillon. Mr. Holliday asked what was being looked at on the commercial side as far as possibilities for businesses. Mr. Crew responded that what was outlined in the package was a drive thru restaurant Item #4B Date: 9/11/2023 and that was what it was being targeted for positive growth in that area. Mr. Foley asked if they were planning to fill the big bowl and level that out as part of the plan. Mr. Crew responded that as part of the development, the site would need to be raised up to street level and he anticipated this would be done as part of the development. Mr. Holliday asked to clarify which part of 419 was being referred to for reference for the members of the audience. Mr. Crew said that if you were looking at Midland and Electric Road across from Hardees and Carter Bank that this is directly across the street. He said that this is a unique spot with the commercial corridor on Electric Road, the industrial development down Midland and the residential pocket as well. There are three zoning layers there in that section of 419. He shared that this information is available for review as part of the agenda packet on the website. Mayor Turk closed the public hearing. Randy Foley motioned to adopt ordinance on first reading for the request of Neal Wall, property owner, for rezoning the properties located at 1139 Highland Road (Tax Map #230-2-7) and portions of 1127 (Tax Map #230-2-5) and 1133 Highland Road (Tax Map # 230-2-6) from RSF Residential Single Family to HBD Highway Business District. H Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace E. Precinct D Polling Location Hold a public hearing and consider adoption of ordinance on one reading to amend Section 26-41 Precinct D or West Salem Precinct of Article II, Precincts, Voting Places of Chapter 26 Elections of the City Code of The City of Salem, Virginia. This ordinance will become effective immediately on passage on first reading because of an emergency in that the Code of Virginia restricts changes to polling places less than 60 days before an election. (Advertised in the August 17 and 24 issues of the Salem Times- Register). Mr. Guynn shared that the Attorney General has approved this and issued a Certificate of No Objection. He stated that there was not a building that was suitable to use in the precinct. This will bring another of the precincts to the Civic Center for voting. Mayor Turk opened the public hearing. No one came forward to speak. Mayor Turk closed the public hearing. Item #4B Date: 9/11/2023 William Jones motioned to adopt ordinance on one reading amending Section 26-41, Precinct D or West Salem Precinct, Article II, Precincts; Voting Places, of Chapter 26, Elections, of the Code of the City of Salem, Virginia. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace F. Precinct J Polling Location Hold a public hearing and consider adoption of ordinance on one reading to amend Section 26-47 Precinct J or Beverly Heights Precinct of Article II, Precincts, Voting Places of Chapter 26 Elections of the City Code of The City of Salem, Virginia. This ordinance will become effective immediately on passage on first reading because of an emergency in that the Code of Virginia restricts changes to polling places less than 60 days before an election. (Advertised in the August 17 and 24 issues of the Salem Times-Register). Mayor Turk opened the public hearing. No one came forward to speak. Mayor Turk closed the public hearing. Mayor Turk noted that this is for the same reason as Precinct D in that there was no suitable location, and this had already been approved by the Attorney General. William Jones motioned to adopt ordinance on one reading amending Section 26-47, Precinct J or Beverly Heights Precinct, Article II, Precincts; Voting Places, of Chapter 26, Elections, of the Code of the City of Salem, Virginia. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace G. Salem City School Board Consider setting date for public hearing in accordance with Section 22.1-29.1 of the Code of Virginia 1950, as amended, regarding the expiration of term for David Preston. (Suggest date of September 25, 2023). Mayor Turk explained that anyone interested in applying for this position on the School Board needs to apply online before the public hearing on September 25th because their name would be read at that meeting as being eligible for the School Board. There is one position that will be open. She emphasized that if anyone was interested or knew someone that would be, that this was the procedure that they would need to follow. Mr. Foley asked to clarify that as in the past the application must be received but that the applicant did not have to speak at the September 25th meeting. Mr. Light confirmed that by Code their name must be read at the meeting, but they did Item #4B Date: 9/11/2023 not have to speak. William Jones motioned to set the date for public hearing in accordance with Section 22.1-29.1 of the Code of Virginia 1950, as amended, regarding the expiration of term for David Preston for the September 25, 2023, meeting of City Council. H Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace H. Boards and Commissions Consider appointments to various boards and commissions. Mayor Turk pointed out that there are a number of Boards and Commissions listed on the City website. She encouraged citizens to look at them and if there was something they were interested in being involved in to consider serving. She shared current vacancies on the Blue Ridge Behavioral Healthcare Board, the Roanoke River Blueway Advisory Committee, and the Board of Appeals (USBC Building Code). Randy Foley motioned to recommend, upon CPMT approval, appointing Amy Cole from Court Services as additional alternate to the Community Policy Management Team. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 7. Closed Session A. Closed Session Hold a Closed Session pursuant to Section 2.2-3711 A (29) of the 1950 Code of Virginia, as amended for discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the City. William Jones motioned that in accordance with Section 2.2-3711 A(29) of the 1950 Code of Virginia, as amended, Council hereby convenes to closed session at 7:17 p.m. for the purpose of discussing the following specific matter: discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the City. Randy Foley seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Item #4B Date: 9/11/2023 William Jones motioned to reconvene at 7:50 p.m. in accordance with Section 2.2- 3712 D. of the Code of Virginia, 1950 as amended to date, Council certifies that in closed session only items lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such items identified in the motion by which the closed session was convened were heard, discussed, or considered by the Council. H. Hunter Holliday seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace Randy Foley motioned to approve the contract as discussed during the Closed Session. William Jones seconded the motion. Ayes: Foley, Holliday, Jones, Turk, Wallace 8. Adjournment The meeting was adjourned at 7:51 p.m. Item #5A Date: 9/11/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL AGENDA ITEM: Amendment to the Zoning Ordinance Consider ordinance on second reading for the request of Helm Building Enterprises Ltd., property owner, for rezoning the property located at 105 St. John Road (Tax Map # 155-3-2) from HBD Highway Business District to HM Heavy Manufacturing. (Approved on first reading at the August 28, 2023, meeting.) SUBMITTED BY: Max Dillon, Planner SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: HBD Highway Business District Land Use Plan Designation: Industrial Existing Use: Vacant Proposed Use: Lease Space – Flexible Warehouse with Office Space The subject property (105 St. John Road) consists of a 0.816 acre tract of land which currently sits within the HBD Highway Business District designation. To provide a bit of history, the large parcel known as 416 Electric Road was formerly zoned HM Heavy Manufacturing, and at that time it encompassed the parcels now recognized as 71 St. John Road and 105 St. John Road. A 2007 subdivision resulted in the formation of 71 St. John (retaining its HM Heavy Manufacturing designation), and a subsequent rezoning adjusted 416 Electric Road (which included the yet to be formed 105 St. John Road) from HM Heavy Manufacturing to HBD Highway Business District. Since then, 105 St. John Road has been subdivided and created, and this request seeks to return it to the HMHeavy Manufacturing classification. This parcel is currently vacant; however, it is within the St. John Place Commerce Center which is primarily comprised of properties zoned HM Manufacturing. The applicant plans to mimic the development of flexible commercial lease space which is currently being constructed at 71 St. John Road. Although most of the site is in the floodplain, the building pad will be elevated above the 100-year floodplain to meet the necessary requirements. As depicted on the concept plan, the proposed development will be accessed via St. John Road. The Future Land Use Map (FLUM) identifies this area as industrial which is consistent with the proposed utilization of the property. REQUIREMENTS: The proposal meets the requirements of Section 106-220.3. Site development regulations for HM. Tax Parcel 153-3-2 (105 St. John Road) BEGINNING at on the north side of St. John Road at the southeast corner of Lot 1A as shown on Resubdivision Plat for the St. John Place Commerce Center as recorded in Plat Book 11 Page 100 & Plat Book 12 Page 1; thence following the property line for Lot 1A N. 15° 13’ 18” E. a distance of 254.94 feet to a point on the south side of a 20 foot wide Public Utility Easement as shown on Resubdivision Plat from Records for Wiley Development, LLC, being the resubdivision of Lot 1B (4.8168 acres) as shown on Resubdivision Plat for the St. John Place Commerce Center Plat Book 11 Page 100 & Plat Book 12 Page 1 as recorded in Plat Book 16, Page 73; thence following the south side of said 20‘ wide Public Utility Easement S. 74° 46’ 42” E. a distance of 136.22 feet to a point on the line of Tract 4 of the Subdivision Plat for The St. John Place Commerce Center as recorded in Plat Book 11 Pages 48-50; thence with the line of Tract 4 S. 15° 13’ 18” W. a distance of 267.14 feet to the north side of St. John Road, thence following the north right-of-way of St. John Road N. 69° 39’ 28” W. a distance of 136.76 feet to the place of BEGINNING, and being known as New Lot 1B-1, containing 0.8160 acres, as shown on Resubdivision Plat from Records for Wiley Development, LLC, being the resubdivision of Lot 1B (4.8168 acres) as shown on Resubdivision Plat for the St. John Place Commerce Center Plat Book 11 Page 100 & Plat Book 12 Page 1, dated May 25, 2023, by Balzer & Associates, recorded in the Clerk’s Office of the Circuit Court of the City of Salem, Virginia in Plat Book 16, Page 73. MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip 155-3-2 105 ST JOHN RD HELM BUILDING ENTERPRISES LTD 1491 SOUTHSIDE DR SALEM VA 24153 155-3-1 71 ST JOHN RD HELM BUILDING ENTERPRISES LTD 1491 SOUTHSIDE DR SALEM VA 24153 150-3-1 416 ELECTRIC RD WILEY DEVELOPMENT LLC 928 SADDLE DR SALEM VA 24153 155-2-3 151 ST JOHN RD WILEY DEVELOPMENT LLC P O BOX 114 SALEM VA 24153 155-2-1 72 ST JOHN RD ST JOHN PLACE LLC 1819 ELECTRIC RD SUITE E ROANOKE VA 24018 155-2-2 80 ST JOHN RD WILEY DEVELOPMENT LLC 928 SADDLE DR SALEM VA 24153 155-1-2 565 ELECTRIC RD MOUNT SINAI PROPERTIES LLC - ELECTRIC ROAD LLC P O BOX 3096 SALEM VA 24153 155-1-1 515 ELECTRIC RD BROWN PROPERTIES LLC 300 9TH ST SALEM VA 24153 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 ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 106-110, 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: That the following described property in the City of Salem of Helm Building Enterprises Ltd., property owner, located at 105 St. John Road (Tax Map # 155-3-2) be and the same is hereby changed from HBD Highway Business District to HM Heavy Manufacturing District, and the map referred to shall be changed in this respect and no other, said property being described as follows: BEGINNING at on the north side of St. John Road at the southeast corner of Lot 1A as shown on Resubdivision Plat for the St. John Place Commerce Center as recorded in Plat Book 11 Page 100 & Plat Book 12 Page 1; thence following the property line for Lot 1A N. 15° 13’ 18” E. a distance of 254.94 feet to a point on the south side of a 20 foot wide Public Utility Easement as shown on Resubdivision Plat from Records for Wiley Development, LLC, being the resubdivision of Lot 1B (4.8168 acres) as shown on Resubdivision Plat for the St. John Place Commerce Center Plat Book 11 Page 100 & Plat Book 12 Page 1 as recorded in Plat Book 16, Page 73; thence following the south side of said 20‘ wide Public Utility Easement S. 74° 46’ 42” E. a distance of 136.22 feet to a point on the line of Tract 4 of the Subdivision Plat for The St. John Place Commerce Center as recorded in Plat Book 11 Pages 48-50; thence with the line of Tract 4 S. 15° 13’ 18” W. a distance of 267.14 feet to the north side of St. John Road, thence following the north right-of-way of St. John Road N. 69° 39’ 28” W. a distance of 136.76 feet to the place of BEGINNING, and being known as New Lot 1B-1, containing 0.8160 acres, as shown on Resubdivision Plat from Records for Wiley Development, LLC, being the resubdivision of Lot 1B (4.8168 acres) as shown on Resubdivision Plat for the St. John Place Commerce Center Plat Book 11 Page 100 & Plat Book 12 Page 1, dated May 25, 2023, by Balzer & Associates, recorded in the Clerk’s Office of the Circuit Court of the City of Salem, Virginia in Plat Book 16, Page 73 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 an aye and a nay vote, the same stood as follows: H. Hunter Holliday – William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renee F. Turk – Passed: Effective: /s/____ _ Mayor ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia Item #5B Date: 9/11/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL AGENDA ITEM: Amendment to the Zoning Ordinance Consider ordinance on second reading for the request of Doyle Properties, LLC, property owner, for rezoning the property located at 2005 East Main Street (Tax Map # 78-2-2.11) from RSF Residential Single-Family to HBD Highway Business District. (Approved on first reading at the August 28, 2023, meeting.) SUBMITTED BY: Max Dillon, Planner SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: RSF Residential Single Family Land Use Plan Designation: Commercial Existing Use: Vacant Proposed Use: Storage Space for owner’s personal property The subject property (2005 East Main Street) consists of a 0.557 acre tract of land which is situated within the RSF Residential Single Family zoning district. The property is currently vacant, and the property owner is currently in the process of removing excess vegetation which interferes with utilities. According to the City of Salem’s zoning ordinance, an accessory structure cannot be placed on a parcel which possesses the RSF designation without the existence of a principal structure (house). As a result, the applicant is requesting to rezone the property from RSF Residential Single Family to HBD Highway Business District in order to develop the site and place an approximately 3,400 square foot, pre- engineered structure initially designed to accommodate the storage of classic cars. With that in mind, the site will be developed in a fashion that will ultimately facilitate a transition to other commercial uses permitted by the HBD zoning district. If approved, site details including but not limited to required parking and landscape buffering would be finalized during the site plan review process. The Future Land Use Map (FLUM) identifies this area as commercial. While storage of the owner’s personal property alone may not be commercial, the size and type of the proposed building is of a commercial nature. Because the site design/layout and building structure are conducive to commercial uses, it will be an easy transition of the property in the future. REQUIREMENTS: The proposal meets the requirements of Section 106-214.3. Site development regulations for HBD. 1 City of Salem Rezoning Application Pre-application Meeting (optional) x Meetings with the Community Development Staff are recommended prior to submittal of a rezoning application. Please bring a plat to the meeting with a sketch of your proposal. Application Submittal x The application deadline is the first of the month for inclusion on the following month’s agenda. If the first falls on a weekend or holiday, the application deadline will be the following business day. x When submitting an application be sure to include the following: a complete application, plat of the subject property, legal description that includes metes and bounds, and supplementary information to support the request (such as conceptual plans and building elevations). Please note: incomplete applications will not be accepted and will be returned to the applicant. x The application fee is due at time of submittal. (See Page 4) x PLEASE NOTE: As per 106-520(C) of the City of Salem Zoning Ordinance no application shall be accepted for a lot or parcel that does not comply with the minimum lot area, width, or frontage requirements of the requested zoning district. A variance from the Board of Zoning Appeals must be obtained prior to the submission of a rezoning application. Application Distribution for City Review x Complete applications may be routed to City departments for review. Staff/Applicant Meeting x The staff may contact the applicant to schedule a meeting to discuss comments provided by reviewing agencies, to request additional information or plan revisions, and to negotiate proffers. Planning Commission x Revised conceptual plans and draft proffers must be submitted prior to the Planning Commission meeting. Proffers and conceptual plans may be revised in accordance with Staff’s recommendations, and revisions incorporating the staff’s recommendations must be submitted prior to the Planning Commission meeting. x A staff report and recommendation is included in the Planning Commission packet. The packet is distributed approximately 1 week prior to the Planning Commission meeting. x The Planning Commission meets on the 1st Wednesday after the 1st City Council meeting of the month. x Following a public hearing on the rezoning case, the Planning Commission may recommend approval, approval with revisions to the proffers, denial, or deferral of the application. City Council x Signed and notarized final proffers must be submitted prior to the City Council meeting. x A staff report containing the recommendation of the Planning Commission and Staff is sent to the City Council prior to the meeting. x The City Council typically hears rezoning cases on the 4th Monday of every month. Cases are usually heard by Council at the meeting following the Planning Commission meeting. x Following a public hearing on the case, the City Council may vote to approve, approve with proffered conditions, deny, defer the application to another meeting, or remand the application back to the Planning Commission for further consideration. 2 TO THE APPLICANT: It is the policy of the City of Salem City Council, the City of Salem Planning Commission, and City of Salem Board of Zoning Appeals to require a property to be posted when a zoning action is being considered. Such a posting notifies the general public of an impending action and the location being considered. It is incumbent on you, the applicant, to ensure the sign is in the proper location and remains there until an action has taken place. Consequently, the procedure for posting is as follows: 1.The Community Development Staff will post the sign on your property. 2.You should check the location of the sign to make certain it is in the right place on your property. If it is not, notify the Community Development Office as soon as possible. 3.You should check periodically to ens ure the safety of the sign. If it is stolen or otherwise harmed, notify the Community Development Office as soon as possible. In submitting this rezoning application, you hereby grant permission to the agents and employees of the City of Salem to enter the referenced property for the purposes of processing and reviewing the above application. Should you have any questions regarding this policy, please contact a member of Community Development. ATTACHMENTS - For ALL REQUESTS you must submit the following electronically: A fully completed signed application. Acknowledgement of Application Fee Payment Procedure (Page 4) Signed Proffer Statement if applicable (Pages 6 & 7) A plat of the subject property,which accurately reflects the current property boundaries, is drawn to scale, and shows existing structures. (Typically, available from the City Clerk’s Office.) Responses to questions on Page 5 Historic Impact Information (if any) For applications requiring plans,please submit electronically only. No hard copies will be accepted. Check here if the conceptual plan will serve as the preliminary plat. NOTE:Elevations will be required with new development. 5 PLEASE RESPOND FOR ALL REZONING APPLICATIONS: 1. What is the Future Land Use Designation for the subject property? _______________________________________ 2. Describe in detail the proposed use of the property. _________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ 3. List any sensitive environmental or unique features on the property. Are there any high voltage transmission lines, public utility lines, or others? ________________________________________________________________________________ ____________________________________________________________________________________________________________ 4. Is the subject property located within the Floodplain District? ˆ YES ˆ NO If yes, describe the proposed measures for meeting the standards of the Floodplain Ordinance. ____________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ 5. Is the subject property listed as a historic structure or located within a historic district? ˆ YES ˆ NO If yes, describe the proposed measures for meeting the standards of the Department of Historic Resources. ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ 6. Have you provided a conceptual plan of the proposed development, including general lot configurations and road locations? Are the proposed lot sizes compatible with existing parcel sizes in the area? PLEASE RESPOND FOR COMMERCIAL REZONING APPLICATIONS 1. What provisions will be made to ensure safe and adequate access to the subject property? 2. How will the traffic impact of this development be addressed? 3. Describe why the proposed use is desirable and appropriate for the area. What measure will be taken to assure that the proposed use will not have a negative impact on the surrounding vicinity? 4. What type of signage is proposed for the site? 5. Have architectural/building elevations been submitted with this application? Commercial Construction of a new 3,400 s.f. pre-engineered building to house a collection of classic cars. Overhead utility lines located along the front of the property parallel to East Main Street. Concept sketch provided as supplemental information to application showing the approximate location and configuration of building and access (Exhibit 1). Existing lot size is compatible with surrounding area. Property is located at the corner of East Main Street and Point Pleasant Ave. Entrance is proposed from Point Pleasant in order to maintain traffic flow along E. Main Street. Entrance has been located away from E. Main Street to extent practical. Traffic impact will be negligible as the use will be restricted to Owner only. The proposed development will make use of a currently vacant property along East Main Street with a use that is compatible with the surrounding neighborhood. Type B landscape buffer will be installed along the eastern and northern property lines as required by the zoning ordinance. No signage is proposed at this time. Concept rendering included (Exhibit 2). 6 TAX MAP NO.: Return to: Office of Community Development 21 South Bruffey Street Salem, Virginia 24153 This document prepared by: (NAME AND ADDRESS): PROFFER STATEMENT WHEREAS, , , , (“the Owner(s)”) is/are the owner(s) of certain real property known as _______________________________________ (property description/location) (“the Property”) totaling approximately acres, located in the City of Salem, Virginia which is more particularly described as follows: (legal description or an attachment containing a legal description. Also include tax map #); and WHEREAS, the Owner(s) has/have filed an application to rezone the Property from current zoning of (current zoning) to (proposed zoning), c onditional, pursuant to the City of Salem Zoning Ordinance (the “Zoning Ordinance”); and WHEREAS, the Owner desires to proffer to the City of Salem (the “City”) certain conditions in connection with the development of the Property that will protect the City and its citizens, provide for the orderly development of the Property, and offset the impacts of development; and WHEREAS, the below-listed proffers are designed and intended to mitigate impacts that have been identified; and WHEREAS, the Owner certifies that all below-listed proffers are voluntary, reasonable, and directly related to the rezoning applied for; and WHEREAS, the City is authorized to accept these proffers pursuant to the Code of Virginia, and the Zoning Ordinance; and WHEREAS, in the event that there is any conflict between these proffers and the Zoning Ordinance, the conflict shall be resolved by the City’s Zoning Administrator, subject to appeal to the Board of Zoning Appeals and the courts as provided by law; and WHEREAS, these proffers shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors and assigns; and WHEREAS, the Owner(s) acknowledges that impacts of development not offset by the below-listed proffers may be cause for denial of the rezoning request. NOW, THEREFORE, the Owner(s) agrees to meet and comply with the following proffers in connection with the development of the Property should the Owner’s application to rezone the property be approved: 7 PROFFERS 1.(proffer 1) 2.(proffer 2) 3.(proffer 3) 4.etc. (Ind icat e if yo u in ten d th e p ro ff e rs to be o ffe re d a s a g rou p (i.e . “a ll o r n o th ing ”. Otherwise, each will be considered to be individually offered for separate consideration by the City. The City does not have to accept proffers that are offered) Once proffered and accepted as part of an amendment to the zoning ordinance, these conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by these conditions; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. WITNESS the following signature and seal: By: Owner COMMONWEALTH OF VIRGINIA CITY OF SALEM, to wit: The foregoing instrument was acknowledged before me this day of , 20 by . Owner Notary Public My commission expires: 8 Acceptance: The Proffers herein have been accepted as follows: (“All” o r l ist sp e cif ic p roff e rs accepted) by action of the Council of the City of Salem on Date ATTEST: Clerk of Council Salem, Virginia DESCRIPTION OF TAX PARCEL 78-2-2.11 BEGINNING AT A POINT AT THE INTERSECTION OF THE NORTH LINE OF EAST MAIN STREET AND THE EAST LINE OF POINT PLEASANT AVENUE; THENCE WITH THE EAST LINE OF POINT PLEASANT AVENUE THE FOLLOWING COURSES AND DISTANCES: N02°34’34”W 40.94 FEET TO A POINT; THENCE N00°05’00”W 68.29 FEET TO A POINT. THENCE DEPARTING THE EAST LINE OF POINT PLEASANT AVENUE, WITH THE COMMON LINE BETWEEN TAX PARCEL 78-2-2.11 AND TAX PARCEL 78-2-2 THE FOLLOWING COURSES AND DISTANCES: N89°55’00”E 120.89 FEET TO A POINT; THENCE N00°05’00”W 75.00 FEET TO A POINT ON THE COMMON LINE BETWEEN TAX PARCEL 78-2-2.11 AND TAX PARCEL 78-2-2.1, ALSO BEING THE COMMON CORNER OF TAX PARCEL 78-2-2.11 AND TAX PARCEL 78-2-2. THENCE WITH THE COMMON LINE BETWEEN TAX PARCEL 78-2-2.11 AND 78-2-2.1 N89°55’00” 53.00 FEET TO A POINT ON THE COMMON LINE BETWEEN TAX PARCEL 78-2-2.11 AND TAX PARCEL 78-3-5, ALSO BEING THE COMMON CORNER OF TAX PARCEL 78-2-2.11 AND TAX PARCEL 78-2-2.1. THENCE WITH THE COMMON LINE BETWEEN TAX PARCEL 78-2-2.11 AND TAX PARCEL 78-3-5, S00°05’00”E 201.08 FEET TO A POINT ON THE NORTH LINE OF EAST MAIN STREET. THENCE WITH THE NORTH LINE OF EAST MAIN STREET THE FOLLOWING COURSES AND DISTANCES: N83°47’35”W 84.30 FEET TO A POINT; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1893.86 FEET, AN ARC LENGTH OF 88.66 FEET, AND A CHORD BEARING AND DISTANCE OF N85°08’03”W 88.65 FEET TO A POINT AT THE INTERSECTION OF THE NORTH LINE OF EAST MAIN STREET AND THE EAST LINE OF POINT PLEASANT AVENUE, BEING THE POINT OF BEGINNING. SITUATE IN THE CITY OF SALEM, VIRGINIA, AND CONTAINING 24,261 SQUARE FEET OR 0.557 ACRE OF LAND, MORE OR LESS. EXHIBIT 1 EXHIBIT 2 MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip 78-2-2.11 2005 E MAIN ST DOYLE PROPERTIES LLC 204 S JEFFERSON ST UNIT 5 ROANOKE VA 24011 78-2-2 10 POINT PLEASANT AVE SHERILYN BOOKER 185 HUFF HERITAGE LN CHRISTIANSBURG VA 24073 78-2-2.1 18 POINT PLEASANT AVE DARRELL R HUFFMAN 18 POINT PLEASANT AVE SALEM VA 24153 78-3-5 105 OTTER AVENUE OAK PARK VA PRESERVATION LP C/O THE RELATED COMPANIES 30 HUDSON YARDS #72 NEW YORK NY 10001-2170 79-2-21 2030 E MAIN ST CHERNAULT PROPERTIES LLC 2030 E MAIN ST SALEM VA 24153 79-2-20 2018 E MAIN ST GEORGE CHERNAULT 2030 E MAIN ST SALEM VA 24153 79-2-17 2014 E MAIN ST CHERNAULT PROPERTIES LLC 2030 E MAIN ST SALEM VA 24153 79-2-19 2006 E MAIN ST MCLEOD FAMILY FOUNDATION INC 410 FIRST ST SW ROANOKE VA 24011 79-2-18 1926 E MAIN ST MCLEOD FAMILY FOUNDATION INC 410 FIRST ST SW ROANOKE VA 24011 79-2-1 2 BURCHETTE ST DOLORES ELLEN HAMLETT 2 BURCHETTE ST SALEM VA 24153 78-1-14 1923 E MAIN ST COMMUNITY CHURCH INC 1923 E MAIN ST SALEM VA 24153 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 ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 106-110, 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: That the following described property in the City of Salem of Doyle Properties, LLC, property owner, located at 2005 East Main Street (Tax Map # 78-2-2.11) be and the same is hereby changed from RSF Residential Single-Family District to HBD Highway Business District, and the map referred to shall be changed in this respect and no other, said property being described as follows: BEGINNING AT A POINT AT THE INTERSECTION OF THE NORTH LINE OF EAST MAIN STREET AND THE EAST LINE OF POINT PLEASANT AVENUE; THENCE WITH THE EAST LINE OF POINT PLEASANT AVENUE THE FOLLOWING COURSES AND DISTANCES: N02°34’34”W 40.94 FEET TO A POINT; THENCE N00°05’00”W 68.29 FEET TO A POINT. THENCE DEPARTING THE EAST LINE OF POINT PLEASANT AVENUE, WITH THE COMMON LINE BETWEEN TAX PARCEL 78-2-2.11 AND TAX PARCEL 78-2-2 THE FOLLOWING COURSES AND DISTANCES: N89°55’00”E 120.89 FEET TO A POINT; THENCE N00°05’00”W 75.00 FEET TO A POINT ON THE COMMON LINE BETWEEN TAX PARCEL 78-2-2.11 AND TAX PARCEL 78-2-2.1, ALSO BEING THE COMMON CORNER OF TAX PARCEL 78-2-2.11 AND TAX PARCEL 78-2-2. THENCE WITH THE COMMON LINE BETWEEN TAX PARCEL 78-2-2.11 AND 78-2-2.1 N89°55’00” 53.00 FEET TO A POINT ON THE COMMON LINE BETWEEN TAX PARCEL 78-2-2.11 AND TAX PARCEL 78-3-5, ALSO BEING THE COMMON CORNER OF TAX PARCEL 78-2-2.11 AND TAX PARCEL 78-2-2.1. THENCE WITH THE COMMON LINE BETWEEN TAX PARCEL 78-2-2.11 AND TAX PARCEL 78-3-5, S00°05’00”E 201.08 FEET TO A POINT ON THE NORTH LINE OF EAST MAIN STREET. THENCE WITH THE NORTH LINE OF EAST MAIN STREET THE FOLLOWING COURSES AND DISTANCES: N83°47’35”W 84.30 FEET TO A POINT; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1893.86 FEET, AN ARC LENGTH OF 88.66 FEET, AND A CHORD BEARING AND DISTANCE OF N85°08’03”W 88.65 FEET TO A POINT AT THE INTERSECTION OF THE NORTH LINE OF EAST MAIN STREET AND THE EAST LINE OF POINT PLEASANT AVENUE, BEING THE POINT OF BEGINNING. SITUATE IN THE CITY OF SALEM, VIRGINIA, AND CONTAINING 24,261 SQUARE FEET OR 0.557 ACRE OF LAND, MORE OR LESS. 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 an aye and a nay vote, the same stood as follows: H. Hunter Holliday – William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renee F. Turk – Passed: Effective: /s/____ _ Mayor ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia Item #5C Date: 9/11/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL AGENDA ITEM: Amendment to the Zoning Ordinance Consider ordinance on second reading for the request of Neal Wall, property owner, for rezoning the properties located at 1139 Highland Road (Tax Map #230-2-7) and portions of 1127 (Tax Map #230-2-5) and 1133 Highland Road (Tax Map # 230-2-6) from RSF Residential Single Family to HBD Highway Business District. (Approved on first reading at the August 28, 2023, meeting.) SUBMITTED BY: Max Dillon, Planner SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: RSF Residential Single Family Land Use Plan Designation: Residential Existing Use: Residential Proposed Use: Restaurant – Quick Service The subject properties and portions thereof (1139, 1133, and 1127 Highland Road) included in this request together total approximately 1.162 acres of land which is situated within the RSF Residential Single Family zoning district. Each of the subject parcels are home to a single family residence, two of which will remain (1133 and 1127 Highland Road) if this rezoning request and subsequent development are approved. The applicant is requesting a rezoning of the subject area from RSF Residential Single Family to HBD Highway Business District in order to create a lot suitable for a quick service restaurant. As depicted on the concept plan, the quick service restaurant of approximately 3,600 square feet would be served by a double drive-thru, with access points on both Midland Road and Electric Road (right-in, right-out only). If this request is approved, the appropriate landscaping and parking requirements, along with the required buffer yard between the commercial use and remaining residential units, will be fulfilled through the site plan review process. The Future Land Use Map (FLUM) identifies this area as residential which is not consistent with the proposed utilization of the property; however, the properties’ unique location along Electric Road (with an adjacent signalized intersection), a corridor with a mix of residential, commercial, and industrial uses, renders it compatible with anticipated future commercial development. REQUIREMENTS: The proposal meets the requirements of Section 106-214.3. Site development regulations for HBD. 5 PLEASE RESPOND FOR ALL REZONING APPLICATIONS: 1. What is the Future Land Use Designation for the subject property? _______________________________________ 2. Describe in detail the proposed use of the property. _________________________________________________________ ____________________________________________________________________________________________________________ ____________________________________________________________________________________________________________ 3. List any sensitive environmental or unique features on the property. Are there any high voltage transmission lines, public utility lines, or others? ________________________________________________________________________________ ____________________________________________________________________________________________________________ 4. Is the subject property located within the Floodplain District? ˆ YES ˆ NO If yes, describe the proposed measures for meeting the standards of the Floodplain Ordinance. ____________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ 5. Is the subject property listed as a historic structure or located within a historic district? ˆ YES ˆ NO If yes, describe the proposed measures for meeting the standards of the Department of Historic Resources. ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ 6. Have you provided a conceptual plan of the proposed development, including general lot configurations and road locations? Are the proposed lot sizes compatible with existing parcel sizes in the area? PLEASE RESPOND FOR COMMERCIAL REZONING APPLICATIONS 1. What provisions will be made to ensure safe and adequate access to the subject property? 2. How will the traffic impact of this development be addressed? 3. Describe why the proposed use is desirable and appropriate for the area. What measure will be taken to assure that the proposed use will not have a negative impact on the surrounding vicinity? 4. What type of signage is proposed for the site? 5. Have architectural/building elevations been submitted with this application? Residential See attached Narrative None n/a n/a See attached Exhibit A The proposed lot size is compatible with the existing parcels in the area. See attached narrative See attached narrative See attached narrative Standard Freestanding and Building Mounted Signage No 1 | Page REZONING REQUEST NARRATIVE: On behalf of Neal Wall (Owner/Applicant), Balzer and Associates, Inc. (Agent) is requesting a rezoning of the subject parcels or portions thereof at the signalized intersection of Electric Road (Route 419) and Midland Road/Indiana Street within the City of Salem. The proposed use of the parcels includes a commercial restaurant with drive-thru lanes to serve the facility. A breakdown of the zoning is provided below and associated parcels. A conceptual site plan has been provided as Exhibit A, which outlines the proposed improvements for the project. Parcels to be Rezoned: 1. Rezone a portion of Tax Parcel 230-2-5: (1127 Highland Road Salem, VA 24153) a. Existing Zoning: RSF – Residential Single Family b. Proposed Zoning: HBD – Highway Business District 2. Rezone a portion of Tax Parcel 230-2-6: (1133 Highland Road Salem, VA 24153) a. Existing Zoning: RSF – Residential Single Family b. Proposed Zoning: HBD – Highway Business District 3. Rezone Tax Parcel 230-2-7: (1139 Highland Road Salem, VA 24153) a. Existing Zoning: RSF – Residential Single Family b. Proposed Zoning: HBD – Highway Business District Existing Site Conditions: The three (3) existing parcels are located along the public right of ways of Electric Road, Midland Road, and Highland Road and are currently owned by Neal Wall. All of the parcels contain single family homes currently and a portion of tax parcel 230-2-7 adjacent to Electric Road was previously utilized as a fill site in preparation for the subject development. The single-family home located on 230-2-5 and 230-2-6 will remain. Electric Road is a principal arterial road and based on 2021 data carries approximately 18,000 vehicles per day. Traffic information was not readily available for Midland Road or Highland Road. The property is not located within a FEMA defined floodplain district nor are there unique or sensitive environmental features on the subject properties including historic districts/structures. The adjacent public right of ways contain public water and sanitary sewer mains that can serve the proposed development. 2 | Page Proposed Improvements: The proposed improvements for the project include the construction of a one-story approximately 3,600 sf commercial restaurant with double drive-thru. The associated improvements on-site are typical for a commercial restaurant including required parking, loading, refuse containers and specific access for patrons. Any building or freestanding permanent signage will be provided per the City of Salem signage ordinance. Landscaping will be provided for the site including a buffer yard adjacent to the single family residential located to the North and East of the subject parcels. Access: Vehicular access is proposed in two (2) locations including full access on Midland Road indicated as Access A and a right-in-right out indicated as Access B on Electric Road. Impacts to traffic will be limited as these access locations are shown to provide maximum separation from the existing signalized intersection and also respond to existing infrastructure in place on the surrounding street network. Comprehensive Plan and Future Land Use Map The comprehensive plan for the City of Salem supports commercial growth and development along major commercial/industrial corridors. This section of Electric Road (Route 419) is unique in that there are multiple commercial zoning designations including Highway Business, Heavy and Light Manufacturing, and Residential Business as well as Single Family residential zoning all located in this area. The site is located at an existing signalized intersection in which vehicles from industrial, commercial, and residential uses access this location and therefore is consistent with for the proposed use. The future land use map indicates these properties as residential, therefore we have maintained an appropriate ‘zoning layering’ from the more intense commercial along Electric Road to the residential along Highland Road. This project concentrates the majority of the commercial elements along Electric Road and maintains the two (2) exiting single family residences and associated zoning along Highland Road. This project will be developed in accordance with applicable regulations including the City of Salem Zoning Ordinance. ELECTRIC RD ROUTE 419 SIGNALIZED INTERSECTION ACCESS B 45° PARKING STALLS (TYP.) ACCESS A PROPOSED RESTAURANT ±3600 SF 8' LANDSCAPE BUFFER MI D L A N D R O A D HIGHLAND RD NEW PARCEL A ± 1.162 AC NEW PARCEL B ± 0.21 ACNEW PARCEL C ± 0.25 AC 45° PARKING STALLS (TYP.) 60° PARKING STALLS (TYP.) 9'X18' PARKING STALLS (TYP.) PATIO 1 2 3 1 2 3 8' LANDSCAPE BUFFER 8' LANDSCAPE BUFFER 8' LANDSCAPE BUFFER 4 5 6 PICK-UP WINDOW PROJECT NO. REVISIONS SCALE DATE CHECKED BY DESIGNED BY DRAWN BY www.balzer.cc Roanoke / Richmond New River Valley Shenandoah Valley P L A N N E R S / A R C H I T E C T S E N G I N E E R S / S U R V E Y O R S J: \ 2 3 \ 0 0 \ 0 4 \ 0 4 2 3 0 0 2 2 . 0 0 E L E C T R I C M I D L A N D R E Z O N I N G - W A L L \ C I V I L \ d w g \ 0 4 2 3 0 0 2 2 . 0 0 R E Z O N I N G B A S E . d w g P L O T T E D : 6/ 2 6 / 2 0 2 3 1 0 : 5 2 : 0 9 A M 1208 Corporate Circle Roanoke, VA 24018 540.772.9580 HEC BTC BTC 7/1/2023 1" = 20' EL E C T R I C R O A D C O M M E R C I A L R E S T A U R A N T RE Z O N I N G E X H I B I T 11 3 9 H I G H L A N D R D CI T Y O F S A L E M , V A EX-A 04230022.00 PRE L I M I N A R Y 1127 HIGHLAND RD Location 1127 HIGHLAND RD City, State, Zip SALEM, VA 24153 Mblu 230/ 2/ 5/ /Tax Map #230-2-5 Owner WALL NEAL C Assessment $126,700 PID 5199 Building Count 1 Legal Description LT 7 SEC 2 REV MAP FAIRFIELD Zoning RSF Elementary School EAST SALEM ELEMENTARY SCHOOL Middle School ANDREW LEWIS MIDDLE SCHOOL High School SALEM HIGH SCHOOL Owner WALL NEAL C Co-Owner Care Of Address 4016 LAKE DR ROANOKE, VA 24018 Sale Price $122,000 Book & Page 060001035/0 Sale Date 03/31/2006 Current Value Assessment Valuation Year Improvements Land Total 2023 $90,500 $36,200 $126,700 Parcel Addresses Additional Addresses No Additional Addresses available for this parcel Owner of Record Ownership History Ownership History Owner Sale Price Book & Page Sale Date WALL NEAL C $122,000 060001035/0 03/31/2006 Year Built:1950 Living Area:1,222 Building Attributes Field Description Style One Story Model Residential Grade AVG - Stories 1 Foundation Type 1 Typical Exterior Wall 1 Aluminum Overall Cndtn Roof Structure 1 Gable Roof Cover 1 Comp Shg Interior Wall 1 Plaster Interior Wall 2 Interior Floor 1 Carpet Basement Garage Fuel Type 1 Gas Heat Type Central Heat Ac Type Central Air Bedrooms 3 Full Baths 1 Half Baths Extra Fixtures 0 Total Rooms 5 Full Bath Grade AVG Year Built 1950 Exterior Wall 2 Chimneys 2 Interior Floor 2 Interior Floor 3 Roof Cover 2 Basement Area Fireplace Openings Elevators Legend Building Photo (https://images.vgsi.com/photos/SalemVAPhotos//0010\5199_5199_1_1.JP Building Layout (ParcelSketch.ashx?pid=5199&bid=5199) Building Sub-Areas (sq ft) Code Description Gross Area Living Area BAS First Floor Finished 1,222 1,222 CAR Carport 240 0 CSP Crawl Space 1,222 0 CVP Covered Porch/Patio 52 0 SNP Screen Porch 184 0 STG Storage 64 0 2,984 1,222 SHARKEY, JENNIFER LEIGH & SHARRETT, WILLIAM A $0 W030000214/0 12/17/2003 SHARRETT WILLIAM A & SHARRETT KATHLEEN P $0 030006552(S)F*/0 12/17/2003 Building Information Building 1 : Section 1 AssessIT SF 1222.00 Split Foyer No Fireplaces 2 Split Level No Units 1 Foundation Type 2 Basement Type None Legend Use Code 100R Description SFD - Urban Res Deeded Acres 0.60 Land Use Use Code 100R Description SFD - Urban Res Zoning RSF Neighborhood 205 Land Line Valuation Size (Sqr Feet)26019 Frontage 87 Depth 1 Assessed Value $36,200 Legend Extra Features Extra Features Code Description Size FRPL FIREPLACE 1.00 UNITS Parcel Information Land Outbuildings Outbuildings No Data for Outbuildings Valuation History Assessment Valuation Year Improvements Land Total 2022 $86,400 $32,600 $119,000 2021 $82,200 $31,500 $113,700 2020 $79,000 $31,500 $110,500 2019 $74,700 $31,500 $106,200 2018 $76,500 $31,500 $108,000 2017 $75,500 $31,500 $107,000 (c) 2023 Vision Government Solutions, Inc. All rights reserved. 2016 $75,500 $31,500 $107,000 2015 $73,300 $30,500 $103,800 2014 $73,300 $30,500 $103,800 2013 $73,300 $30,500 $103,800 1133 HIGHLAND RD Location 1133 HIGHLAND RD City, State, Zip SALEM, VA 24153 Mblu 230/ 2/ 6/ /Tax Map #230-2-6 Owner WALL NEAL C Assessment $114,400 PID 5200 Building Count 1 Legal Description NE PT LT 6 SEC 2 REV MAP FAIRFIELD Zoning RSF Elementary School EAST SALEM ELEMENTARY SCHOOL Middle School ANDREW LEWIS MIDDLE SCHOOL High School SALEM HIGH SCHOOL Owner WALL NEAL C Co-Owner Care Of Address 4016 LAKE DR ROANOKE, VA 24018 Sale Price $114,500 Book & Page 060000921/0 Sale Date 03/24/2006 Current Value Assessment Valuation Year Improvements Land Total 2023 $81,800 $32,600 $114,400 Parcel Addresses Additional Addresses No Additional Addresses available for this parcel Owner of Record Ownership History Ownership History Owner Sale Price Book & Page Sale Date WALL NEAL C $114,500 060000921/0 03/24/2006 Year Built:1955 Living Area:974 Building Attributes Field Description Style One Story Model Residential Grade AVG Stories 1 Foundation Type 1 Concrete Exterior Wall 1 Brick Overall Cndtn Roof Structure 1 Gable Roof Cover 1 Comp Shg Interior Wall 1 Plaster Interior Wall 2 Interior Floor 1 Hardwood Basement Garage Fuel Type 1 Typical Heat Type Central Heat Ac Type No Central Air Bedrooms 2 Full Baths 1 Half Baths Extra Fixtures 0 Total Rooms 5 Full Bath Grade AVG Year Built 1955 Exterior Wall 2 Chimneys 0 Interior Floor 2 Interior Floor 3 Roof Cover 2 Basement Area Fireplace Openings Elevators Legend Building Photo (https://images.vgsi.com/photos/SalemVAPhotos//0010\5200_5200_1_1.JP Building Layout (ParcelSketch.ashx?pid=5200&bid=5200) Building Sub-Areas (sq ft) Code Description Gross Area Living Area BAS First Floor Finished 974 974 BMT Basement 974 0 PTO Patio 72 0 STP Stoop 32 0 WILSON BERTHA C $0 WB4-82/0 07/15/1974 WILSON BERTHA C HEIRS $0 WB7-241/0 01/01/1754 Building Information Building 1 : Section 1 AssessIT SF 974.00 Split Foyer No Fireplaces 0 Split Level No Units 1 Foundation Type 2 Basement Type Full-Unf UAT Unfinished Attic 974 0 3,026 974 Legend Use Code 100R Description SFD - Urban Res Deeded Acres 0.30 Land Use Use Code 100R Description SFD - Urban Res Zoning RSF Neighborhood 205 Land Line Valuation Size (Sqr Feet)13125 Frontage 75 Depth 1 Assessed Value $32,600 Legend Extra Features Extra Features No Data for Extra Features Parcel Information Land Outbuildings Outbuildings Code Description Size FGR GARAGE 308.00 UNITS Valuation History Assessment Valuation Year Improvements Land Total 2022 $74,800 $29,400 $104,200 2021 $71,100 $28,400 $99,500 2020 $69,600 $28,400 $98,000 2019 $65,700 $28,400 $94,100 2018 $69,100 $28,400 $97,500 2017 $68,300 $28,400 $96,700 (c) 2023 Vision Government Solutions, Inc. All rights reserved. 2016 $68,300 $28,400 $96,700 2015 $65,900 $28,000 $93,900 2014 $65,900 $28,000 $93,900 2013 $65,900 $28,000 $93,900 1139 HIGHLAND RD Location 1139 HIGHLAND RD City, State, Zip SALEM, VA 24153 Mblu 230/ 2/ 7/ /Tax Map #230-2-7 Owner WALL NEAL C Assessment $99,700 PID 5201 Building Count 1 Legal Description LT 5 & PT LT 6 SEC 2 REV MAP FAIRFIELD Zoning RSF Elementary School EAST SALEM ELEMENTARY SCHOOL Middle School ANDREW LEWIS MIDDLE SCHOOL High School SALEM HIGH SCHOOL Owner WALL NEAL C Co-Owner Care Of Address 4016 LAKE DR ROANOKE, VA 24018 Sale Price $195,000 Book & Page 060000920/0 Sale Date 03/24/2006 Current Value Assessment Valuation Year Improvements Land Total 2023 $51,600 $48,100 $99,700 Parcel Addresses Additional Addresses No Additional Addresses available for this parcel Owner of Record Ownership History Ownership History Owner Sale Price Book & Page Sale Date WALL NEAL C $195,000 060000920/0 03/24/2006 Year Built:1950 Living Area:1,022 Building Attributes Field Description Style One Plus Story Model Residential Grade FAIR + Stories 1.3 Foundation Type 1 Typical Exterior Wall 1 Stucco Overall Cndtn Roof Structure 1 Gable Roof Cover 1 Comp Shg Interior Wall 1 Plaster Interior Wall 2 Interior Floor 1 Hardwood Basement Garage Fuel Type 1 Gas Heat Type Central Heat Ac Type No Central Air Bedrooms 2 Full Baths 1 Half Baths Extra Fixtures 0 Total Rooms 5 Full Bath Grade AVG Year Built 1950 Exterior Wall 2 Chimneys 0 Interior Floor 2 Interior Floor 3 Roof Cover 2 Basement Area Fireplace Openings Elevators Legend Building Photo (https://images.vgsi.com/photos/SalemVAPhotos//0010\5201_5201_1_1.JP Building Layout (ParcelSketch.ashx?pid=5201&bid=5201) Building Sub-Areas (sq ft) Code Description Gross Area Living Area BAS First Floor Finished 864 864 30F 30% Upper Level Finished Area 528 158 BMT Basement 336 0 CVP Covered Porch/Patio 216 0 1,944 1,022 WILSON BERTHA C HEIRS $0 WB7-241/0 01/01/1754 WILSON BERTHA C $0 WB4-82/0 01/01/1754 Building Information Building 1 : Section 1 AssessIT SF 1022.00 Split Foyer No Fireplaces 0 Split Level No Units 1 Foundation Type 2 Basement Type Partial Legend Use Code 100R Description SFD - Urban Res Deeded Acres 0.87 Land Use Use Code 100R Description SFD - Urban Res Zoning RSF Neighborhood 205 Land Line Valuation Size (Sqr Feet)37884 Frontage 92 Depth 1 Assessed Value $48,100 Legend Extra Features Extra Features No Data for Extra Features Parcel Information Land Outbuildings Outbuildings No Data for Outbuildings Valuation History Assessment Valuation Year Improvements Land Total 2022 $48,900 $43,300 $92,200 2021 $47,500 $41,900 $89,400 2020 $46,800 $41,900 $88,700 2019 $44,000 $41,900 $85,900 2018 $43,700 $33,600 $77,300 2017 $43,100 $33,600 $76,700 (c) 2023 Vision Government Solutions, Inc. All rights reserved. 2016 $43,100 $33,600 $76,700 2015 $43,400 $33,000 $76,400 2014 $43,400 $33,000 $76,400 2013 $49,500 $33,000 $82,500 City of Salem ArcGIS Web Map City of Salem Community Development Department, Geographic Information Systems (GIS) Division Parcels Buildings Railroads City Limits Storm Drain Line Storm Drain Manhole Outfall Inlet Catch Basin Water Line Sanitary Sewer Line 6/19/2023, 10:51:15 AM 0 0.01 0.030.01 mi 0 0.02 0.040.01 km 1:1,128 Web AppBuilder for ArcGIS VITA, West Virginia GIS, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, METI/NASA, EPA, USDA | City of Salem Community Development Department, Geographic Information Systems (GIS) Division | DESCRIPTION OF A PORTION OF TAX ID 230-2-5 COMMENCING AT A POINT AT THE INTERSECTION OF THE NORTH LINE OF MIDLAND ROAD AND THE EAST LINE OF ELECTRIC ROAD; THENCE WITH THE EAST LINE OF ELECTRIC ROAD N16°41’00”E 126.96 FEET TO A POINT, BEING THE POINT OF BEGINNING. THENCE CONTINUING WITH THE EAST LINE OF ELECTRIC ROAD N16°41’00”E 86.82 FEET TO A POINT; THENCE DEPARTING THE EAST LINE OF ELECTRIC ROAD S75°57’00”E 157.19 FEET TO A POINT; THENCE S14°04’02”W 86.73 FEET TO A POINT; THENCE N75°57’00”W 161.16 FEET TO A POINT ON THE EAST LINE OF ELECTRIC ROAD, BEING THE POINT OF BEGINNING. CONTAINS 0.317 ACRE OF LAND, MORE OR LESS, BEING IN THE CITY OF SALEM. DESCRIPTION OF A PORTION OF TAX ID 230-2-6 COMMENCING AT A POINT AT THE INTERSECTION OF THE NORTH LINE OF MIDLAND ROAD AND THE WEST LINE OF HIGHLAND ROAD; THENCE WITH THE WEST LINE OF HIGHLAND RAOD N14°03’00”E 91.53 FEET TO A POINT; THENCE DEPARTING THE WEST LINE OF HIGHLAND ROAD N75°57’00”W 120.58 FEET TO A POINT, BEING THE POINT OF BEGINNING. THENCE CONTINUING N75°57’00”W 54.42 FEET TO A POINT; THENCE N14°D03’00”E 75.00 FEET TO A POINT; THENCE S75°57’00”E 54.30 FEET TO A POINT; THENCE S13°57’39”W 75.00 FEET TO A POINT, BEING THE POINT OF BEGINNING. CONTAINS 0.094 ACRE OF LAND, MORE OR LESS, BEING IN THE CITY OF SALEM. DESCRIPTION OF TAX ID 230-2-7 BETINNING AT A POINT AT THE INTERSECTION OF THE NORTH LINE OF MIDLAND ROAD AND THE WEST LINE OF HIGHLAND ROAD; THENCE WITH THE NORTH LINE OF MIDLAND ROAD N73°17’00”W 240.11 FEET TO A POINT; THENCE N47°59’53”W 60.86 FEET TO A POINT ON THE EAST LINE OF ELECTRIC ROAD; THENCE WITH THE EAST LINE OF ELECTRIC ROAD N16°41’00”E 126.96 FEET TO A POINT; THENCE DEPARTING THE EAST LINE OF ELECTRIC ROAD S75°57’00”E 112.80 FEET TO A POINT; THENCE S14°03’00”W 75.00 FEET TO A POINT; THENCE S75°57’00”E 175.00 FEET TO A POINT ON THE WEST LINE OF HIGHLAND ROAD; THENCE WITH THE WEST LINE OF HIGHLAND ROAD S14°03’00”W 91.53 FEET TO THE POINT OF BEGINNING. CONTAINS 0.751 ACRE OF LAND, MORE OR LESS, BEING IN THE CITY OF SALEM. MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip 230-2-7 1139 HIGHLAND RD NEAL C WALL 4016 LAKE DRIVE ROANOKE VA 24018 230-2-6 1133 HIGHLAND RD NEAL C WALL 4016 LAKE DRIVE ROANOKE VA 24018 230-2-5 1127 HIGHLAND RD NEAL C WALL 4016 LAKE DRIVE ROANOKE VA 24018 230-2-4 1121 HIGHLAND RD DOROTHY PEARL PICKETT BURGESS 1121 HIGHLAND RD SALEM VA 24153 230-3-6 1138 HIGHLAND RD BRENDA GAIL ALLS POWERS 1138 HIGHLAND RD SALEM VA 24153 230-3-7 1144 HIGHLAND RD NEAL CARRINGTON WALL 4016 LAKE DRIVE ROANOKE VA 24018 230-4-1 1602 MIDLAND RD APPERSON PROPERTIES LP 303 APPERSON DR SALEM VA 24153 230-4-1.3 1400 ELECTRIC RD FIRST NATIONAL EXCHANGE C/O BANK SERVICES OF VA 1300 KINGS MTN RD MARTINSVILLE VA 24112 230-5-1 1799 INDIANA ST ROSENBURG FAMILY FUND C/O THE J B GORIA REAL ESTATE P O BOX 20269 ROANOKE VA 24018 230-1-2 1255 ELECTRIC RD BNE RESTAURANT GROUP III LLC CRAIG WORTHY-VP/BODDIE-NOELL ENT P O BOX 2629 ADDISON TX 75001 230-1-1 1235 ELECTRIC RD FREEDOM FIRST FEDERAL CREDIT UNION P O BOX 1999 SALEM VA 24153 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 ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 106- 110, 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: That the following described properties in the City of Salem of Neal Wall, property owner, located at 1139 Highland Road (Tax Map # 230-2-7) and portions of 1127 Highland Road (Tax Map # 230- 2-5) and 1133 Highland Road (Tax Map #230-2-6), be and the same is hereby changed from RSF Residential Single-Family District to HBD Highway Business District. And the map referred to shall be changed in this respect and no other, said property being described as follows: Tax Parcel 230-2-7 (1139 Highland Road) BEGINNING AT A POINT AT THE INTERSECTION OF THE NORTH LINE OF MIDLAND ROAD AND THE WEST LINE OF HIGHLAND ROAD; THENCE WITH THE NORTH LINE OF MIDLAND ROAD N73°17’00”W 240.11 FEET TO A POINT; THENCE N47°59’53”W 60.86 FEET TO A POINT ON THE EAST LINE OF ELECTRIC ROAD; THENCE WITH THE EAST LINE OF ELECTRIC ROAD N16°41’00”E 126.96 FEET TO A POINT; THENCE DEPARTING THE EAST LINE OF ELECTRIC ROAD S75°57’00”E 112.80 FEET TO A POINT; THENCE S14°03’00”W 75.00 FEET TO A POINT; THENCE S75°57’00”E 175.00 FEET TO A POINT ON THE WEST LINE OF HIGHLAND ROAD; THENCE WITH THE WEST LINE OF HIGHLAND ROAD S14°03’00”W 91.53 FEET TO THE POINT OF BEGINNING. CONTAINS 0.751 ACRE OF LAND, MORE OR LESS, BEING IN THE CITY OF SALEM. Portion of Tax Parcel 230-2-5 (1127 Highland Road) COMMENCING AT A POINT AT THE INTERSECTION OF THE NORTH LINE OF MIDLAND ROAD AND THE EAST LINE OF ELECTRIC ROAD; THENCE WITH THE EAST LINE OF ELECTRIC ROAD N16°41’00”E 126.96 FEET TO A POINT, BEING THE POINT OF BEGINNING. THENCE CONTINUING WITH THE EAST LINE OF ELECTRIC ROAD N16°41’00”E 86.82 FEET TO A POINT; THENCE DEPARTING THE EAST LINE OF ELECTRIC ROAD S75°57’00”E 157.19 FEET TO A POINT; THENCE S14°04’02”W 86.73 FEET TO A POINT; THENCE N75°57’00”W 161.16 FEET TO A POINT ON THE EAST LINE OF ELECTRIC ROAD, BEING THE POINT OF BEGINNING. CONTAINS 0.317 ACRE OF LAND, MORE OR LESS, BEING IN THE CITY OF SALEM. Portion of Tax Parcel 230-2-6 (1133 Highland Road) COMMENCING AT A POINT AT THE INTERSECTION OF THE NORTH LINE OF MIDLAND ROAD AND THE WEST LINE OF HIGHLAND ROAD; THENCE WITH THE WEST LINE OF HIGHLAND ROAD N14°03’00”E 91.53 FEET TO A POINT; THENCE DEPARTING THE WEST LINE OF HIGHLAND ROAD N75°57’00”W 120.58 FEET TO A POINT, BEING THE POINT OF BEGINNING. THENCE CONTINUING N75°57’00”W 54.42 FEET TO A POINT; THENCE N14°D03’00”E 75.00 FEET TO A POINT; THENCE S75°57’00”E 54.30 FEET TO A POINT; THENCE S13°57’39”W 75.00 FEET TO A POINT, BEING THE POINT OF BEGINNING. CONTAINS 0.094 ACRE OF LAND, MORE OR LESS, BEING IN THE CITY OF SALEM. 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 an aye and a nay vote, the same stood as follows: H. Hunter Holliday - William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renee F. Turk – Passed: Effective: /s/____ _ Mayor ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia Item #6A Date: 9/11/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 11, 2023 AGENDA ITEM: Appropriate Virginia Tourism Corporation (VTC) ARPA Sports Marketing Incentive Program Grant for Stagg Bowl SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The City of Salem was awarded an American Rescue Plan Act (ARPA) Marketing Incentive Program grant through Virginia Tourism Corporation in the amount of $20,150. Funds will be used for personnel and radio advertising expenses for the Amos Alonzo Stagg Bowl that will be held in December 2023. No local match is required. FISCAL IMPACT: Grant proceeds will cover the cost of items not included in the FY24 operating budget. STAFF RECOMMENDATION: Appropriate $20,150 in ARPA Sports Marketing Incentive Program grant revenue, 15- 053-0100-48542 and increase the budget for ARPA Sports Marketing Incentive Program grant expenditures, 15-053-8170-59603, by $20,150. Budget Entry Date GL Account Account Name Increase/   (Decrease)Description 9/11/2023 15‐053‐0100‐48542 American Rescue Plan Act Funding‐Sports Marketing Incentive Prog 20,150       Appropriate ARPA grant funding per 9/11 council action 9/11/2023 15‐053‐8170‐59603 ARPA Sports Marketing Incentive Program 20,150       Appropriate ARPA grant funding per 9/11 council action Item #6B Date: 9/11/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 11, 2023 AGENDA ITEM: Appropriate excess local funding due to utilization of American Rescue Plan Act (ARPA) funding. SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The City was awarded ARPA funding in the amount of $31,164,631. In the fiscal year 2023 budget, $25,950,000 was appropriated in the General Fund, freeing up local funds for other uses. In fiscal year 2023, excess local funds of $15,622,584 were appropriated in the Capital Projects Fund and excess local funds of $9,456,916 were appropriated in the Water and Sewer Capital Fund. The fiscal year 2023 budget for the Water and Sewer Capital Fund needs to be increased by $870,500 to reflect the correct excess local funding for the North Salem Water Improvement project. The fiscal year 2024 adopted budget for the General Fund includes the remaining ARPA funding for general government services. Utilizing these funds for general government services is an eligible use of funds per guidance issued by the United States Department of the Treasury and will free up local funds for other uses. Excess local funds of $1,963,047 need to be appropriated in the Capital Projects Fund as a reserve for future projects. Excess local funds of $3,247,584 need to be appro priated in the Water and Sewer Capital Fund to fully fund the North Salem Water Improvement project. FISCAL IMPACT: Federal funding of $5,210,631 will be used to cover general government services in the General Fund, freeing up local funds for other uses. STAFF RECOMMENDATION: Staff recommends appropriating $870,500 in the Water and Sewer Capital Fund in fiscal year 2023 to the Transfer From General Fund account 50-051-0300-49900 and to the North Salem Water Improvement account 50 -051-0301-58022. Staff recommends appropriating $1,963,047 in the Capital Projects Fund in fiscal year 2024 to the Transfer From General Fund account 20-012-0200-49905 and to the Excess Local Funding Reserve account 20-012-0205-54110. Staff recommends appropriating $3,247,584 to the Water and Sewer Capital Fund in fiscal year 2024 to the Transfer From General Fund account 50-051-0300-49900 and to the North Salem Water Improvement account 50-051-0301-58022. Budget Entry Date GL Account Account Name  Increase/   (Decrease) Description 6/30/2023 51‐051‐0300‐49900 Transfer From General Fund 870,500      Council 9/11 ‐ Appropriate Remaining Excess Local Funds 6/30/2023 51‐051‐0301‐58022 N Salem Water Impr 870,500      Council 9/11 ‐ Appropriate Remaining Excess Local Funds 9/11/2023 20‐012‐0200‐49905 Transfer From General Fund ‐ Capital Projects 1,963,047   Council 9/11 ‐ Appropriate Remaining Excess Local Funds 9/11/2023 20‐012‐0205‐54110 Excess Local Funding Reserve 1,963,047   Council 9/11 ‐ Appropriate Remaining Excess Local Funds 9/11/2023 51‐051‐0300‐49900 Transfer From General Fund 3,247,584   Council 9/11 ‐ Appropriate Remaining Excess Local Funds 9/11/2023 51‐051‐0301‐58022 N Salem Water Impr 3,247,584   Council 9/11 ‐ Appropriate Remaining Excess Local Funds Item #6C Date: 9/11/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 11, 2023 AGENDA ITEM: Request to re-appropriate funding for various capital items SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: In previous fiscal years, funds were budgeted for capital items that were not purchased for various reasons. Attached is a list of projects that need to have funding reappropriated in fiscal year 2024. FISCAL IMPACT: Re-appropriated funds will be used to cover the cost of equipment and projects. STAFF RECOMMENDATION: Staff recommends re-appropriating fund balance of $210,964. Increase the Designation of Beginning Fund Balance account, 10-012-0100-40200 by $210,964 and increase the budget for accounts listed on the attachment for the purpose stated above. In addition, appropriate $50,000 in net position in the Civic Center fund, account 53-053-0040-44796, and increase the budget in the Other Professional Services account, 53-053-0041-53199 by $50,000. General Fund Project Amount Account Police Vehicles 8,464 10-030-3110-58004 Caulking at Salem Stadium 125,000 10-053-7210-58009 Parking Lot Resealing at Salem Stadium 77,500 10-053-7210-58014 210,964 Civic Center Fund Project Amount Consulting for Civic Center 50,000 53-053-0041-53199 Budget Entry Date GL Account Account Name Increase/   (Decrease)Description 9/11/2023 10‐012‐0100‐40200 Designation of Beginning Fund Balance 210,964      Appropriate carryover per 9/11 council action 9/11/2023 10‐030‐3110‐58004 Motor Vehicles and Equipment 8,464          Appropriate carryover per 9/11 council action 9/11/2023 10‐053‐7210‐58009 Building Improvements 125,000      Appropriate carryover per 9/11 council action 9/11/2023 10‐053‐7210‐58014 Infrastructure Improvements 77,500        Appropriate carryover per 9/11 council action 9/11/2023 53‐053‐0040‐44796 Appropriated from Net Position 50,000        Appropriate carryover per 9/11 council action 9/11/2023 53‐053‐0041‐53199 Other Professional Services 50,000        Appropriate carryover per 9/11 council action Item #6D Date: 9/11/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 11, 2023 AGENDA ITEM: Request to amend the School Cafeteria Fund budget as approved by the School Board on August 8, 2023 SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: The School Cafeteria Fund budget was amended for fiscal year 2022-2023 by the School Board at their meeting on August 8, 2023. The Board amended the Cafeteria Fund budget to increase revenues and expenditures by $120,000. The attached memo details the appropriation changes. FISCAL IMPACT: Appropriation changes totaling $120,000 are to be made to the School Cafeteria Fund. STAFF RECOMMENDATION: Staff recommends that Council approve the School Board’s appropriation changes of $120,000 be made to the Cafeteria Fund, per the attached report. H:\Board Reports\Year End State Category Budget Adj 08082023 - Narrative.doc Salem City Schools FY 2023 Budget by State Category August 8, 2023 Summary of Issue: Presented for your consideration are amendments to the 2022-23 School Cafeteria Fund budget. Amendments are required for a variety of reasons. When the Board adopts the budget, it is based on known facts and assumptions made throughout the budget process. Over time, these assumptions change; demands may be made by parents and/or students, state mandates previously unknown may come in to play, additional revenue may be received by the school division through donation or grant, student enrollment may change, and even the Board itself may place additional requirements on school finances. Any State category that spends above its appropriated budget must be reconciled and any revenue increases to the budget requires Board and Council approval before funds can be utilized. The School Operating Fund remains in a positive financial position. No State category adjustments need to be made this year for this fund. The Cafeteria Fund remains in a positive financial position. During the year-end review of accounts, the cafeteria fund is showing more expenditures than budgeted for FY 2023 in the amount of $31,325.96. On the revenue side, with the anticipated commodities entry still to be recorded, it is expected that the entry will increase the amount of revenue we will receive to exceed the revenue budget as well. The anticipated revenue is $200,000, so the offsetting entry to ensure we do not exceed our budget would be an increase of the budget of $120,000. Revenues and expenditures must match, so the request will be to increase the budget by $120,000 in anticipation of the commodity revenues that will show as posted once information is received from the State and the offset s will be within the food costs expenditure lines. Policy Reference: DA-BR Budget Transfers Fiscal Impact: The budget adjustments in Attachment A will increase the revenue and expenditure budgets in the School Cafeteria Fund in total by the same amount of $120,000. Recommended Action: Move approval of the budget amendments in the School Cafeteria Fund as presented and recommend that City Council approve the same . Account Account Description Annual Budget Amount YTD Actual Amount Budget Less YTD Actual Adjustment Needed 33-111-65-65-9-510-62395 Federal Aid - Commodities $-$-$-20,000.00$ 33-112-65-65-9-510-62395 Federal Aid - Commodities $-$-$-20,000.00$ 33-113-65-65-9-510-62395 Federal Aid - Commodities $-$-$-20,000.00$ 33-114-65-65-9-510-62395 Federal Aid - Commodities $-$-$-20,000.00$ 33-115-65-65-9-510-62395 Federal Aid - Commodities $-$-$-20,000.00$ 33-116-65-65-9-510-62395 Federal Aid - Commodities $-$-$-20,000.00$ 120,000.00$ 33-113-65-65-9-510-76120 Food Products $ 83,543.00 $ 133,710.13 $ (50,167.13)40,000.00$ 33-114-65-65-9-510-76120 Food Products $ 84,014.00 $ 125,393.59 $ (41,379.59)30,000.00$ 33-115-65-65-9-510-76120 Food Products $ 83,684.00 $ 123,542.09 $ (39,858.09)20,000.00$ 33-116-65-65-9-510-76120 Food Products $ 87,075.00 $ 127,583.77 $ (40,508.77)30,000.00$ 120,000.00$ Budget Adjustments August 8, 2023 for FY 23 - Year-End State Categories Attachment A Item # 6E Date: 9/11/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: September 11, 2023 AGENDA ITEM: Consider request from the Salem Band Boosters for a donation ($4,422.46) equal to the amount of admissions tax paid in connection with the annual Drum Corps International Summer Music Games Competition held on August 1, 2023, at the Salem Stadium. SUBMITTED BY: Jay Taliaferro, City Manager SUMMARY OF INFORMATION: The Salem Band Boosters filed an Admissions Tax form with a tax payment of $4,422.46 with the Commissioner of Revenue Office. This amount was based upon the ticket sales for the annual Drum Corps International Summer Music Games Competition that was held in the Salem Stadium on August 1, 2023. Historically, Council has made a donation equal to the tax remittance to support the Band. FISCAL IMPACT: The fiscal impact would be $4,422.46. STAFF RECOMMENDATION: Recommend approval of the donation. Salem Band Boosters P. O. Box 535 Salem, Virginia 24153 August 29, 2023 Salem City Council P. O. Box 869 Salem, Virginia 24153 Dear Council Members: The Salem Band Boosters filed an Admissions Tax form, with a tax payment of $4,422.46. This amount is based upon the ticket sales for our annual Drum Corps International Summer Music Games competition that was held at the Salem Stadium on August 1, 2023. This event is our largest fundraiser for the band program at Salem High School. In past years, City Council has been very supportive of the Salem Band Boosters and the Salem High School Band by making a contribution to the Boosters equal to the amount of the Admissions Tax paid. This contribution has been a tremendous help toward the expenses for the band’s activities. We request that at the next Council Meeting, consideration be given to making a similar contribution this year. If our presence is necessary at the Council Meeting, please advise me of the date, time and location and I will be happy to present my request in person. Thank you very much for your consideration of this request. Again, we cannot say how much the Band Boosters appreciate the support from our City Council. Thank you for your support of our high school band as they continue to represent the City of Salem in the finest “Salem Tradition”. Sincerely, Steven M. Belanger DCI Coordinator Salem Band Boosters Home 540-387-1435 Cell 540-556-1613