HomeMy WebLinkAbout1/11/2016 - City Council - Agenda -RegularSalem City Council
Work Session Agenda
January 11, 2016
City Manager’s Conference Room
City Hall
114 North Broad Street, Salem
6:30-7:30p.m.
I. Call to Order
II. Roll Call
III. Discussion Items
a. The Downtown Plan, Benjamin Tripp
b. Economic Development Update, Melinda Payne
c. Other topics for discussion (Council)
IV. Adjournment
City Council Meeting
Monday, January 11, 2016, 7:30 PM
Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153
1.Call to Order
2.Pledge of Allegiance
3.Bid Openings, Awards, Recognitions
4.Consent Agenda
A.Minutes
Consider acceptance of the minutes of the December 14, 2015, Salem City Council
meeting.
5.Old Business
A.Vacation of Alley
Receive report of viewers and consider ordinance on first reading permanently vacating a
certain unimproved 12' alley located off Pyrtle Drive, 150' south of the Kimball Avenue
intersection. (Viewers appointed at December 14, 2015, meeting.)
6.New Business
A.Downtown Plan
Hold public hearing and consider adoption of Resolution 1276 regarding the Downtown
Plan and for amending "The Comprehensive Plan for the City of Salem" to reflect the
addition of the Downtown Plan. (Recommended approval, see Page 1 of the Planning
Commission minutes.)
B.Zoning Ordinance Amendment
Hold public hearing and consider ordinance on first reading to enact and amend Chapter
106, Article II District Regulations, Sections 106-210.2(A)(5), 106-210.3(B)(1), 106-212.2
(B)(5), 106-212.3(B)(1), 106-218.2(B)(6), 106-218.3(C)(1), 106-218.3(C)(2), 106-220.2(B)
(6), and 106-220.3(C)(1), 106-220.3(C)(2), Article III Use and Design Standards, Sections
106-310.19, 106-312.3, Article IV Development Standards, Sections 106-404.17(E) and
106-404.17(F), Article VI Definitions and Use Types, Sections 106-602.9, and 106-602.11,
pertaining to breweries and microbreweries, site development regulations, and definitions.
(Advertised in the December 24, and 31, 2015, issues of the Salem Times Register.
Recommended approval, see Page 6 of the Planning Commission minutes.) (STAFF
REPORT) Continued on P age 2
C.Voting Precinct
Hold public hearing and consider ordinance on first reading amending Chapter 26, Article II,
Section 26-38(b), of THE CODE OF THE CITY OF SALEM, VIRGINIA, regarding
Precinct A or Conehurst precinct. (Advertised in the December 28, 2015, and January 4,
2016, issues of The Roanoke Times.)
D.Conv eyance of Property
Hold public hearing to consider the conveyance of City of Salem real property designated
as a 0.13405 acre tract located at 3733 Ellen Drive, Tax Map 055.10-03-47.00-0000, in the
County of Roanoke. (Advertised in the January 4, 2016, issue of The Roanoke Times.)
E.Mason Creek Greenway
Consider awarding a contract for design of a portion of the Mason Creek Greenway.
(Audit-Finance Committee)
F.Berglund Ford
Consider setting bond for erosion and sediment control measures and landscaping for the
Berglund Ford Expansion project. (Audit-Finance Committee)
7.Closed Session
8.Adjournment
Audi t Fi nance Commi ttee, Monday, January 11, 2016, 8:0 0a.m., Ci ty Manager’s Conference Roo m
Work Sessi on, Monday, January 11, 2016 , 6:30p.m., Ci ty Manag er’s Conference Room
ITEM:
Vac ation of Alley
SUBJECT:
Rec eive rep ort of viewers and c o nsider o rdinanc e on first reading p ermanently vac ating a c ertain
unimp ro ved 12' alley lo cated off Pyrtle Drive, 150' s outh of the Kimb all Avenue inters ec tion. (Viewers
ap p o inted at Dec emb er 14, 2015, meeting.)
ATTACHMENT S:
Des crip tion Type
Alley Vacation Cover Memo
REVIEWER S:
Dep artment
Clerk of the Council
t-.mM#_)-E_
DAIE
AN ORDINANCE enacted pursuant to the provisions of Section 15.2-2006 of the 1950 Code of
Virginia, as amended, providing for vacating a portion of a street in the City of Salem, Virginia.
WHEREAS, an application has been filed with the Council of the City of Salem pursuant
to the provisions ofthe aforesaid Section 15.2-2006, requesting that the following unimproved
alley be permanently vacated and discontinued: a certain unimproved l2'alley, located off
Pyrtle Drive, with the entrance located 150' south from the intersection of Kimball Avenue and
Pyrtle Drive extending a total of480'; said application being filed by Steve Poffof lTth Century
Builders, LLC, contractor on behalfofRonald Lee and Betty Clingenpeel, property owners; and
WHEREAS, by Resolution No. 1277 adopted on the l4th day of December 2015, the
Council ofthe City of Salem, Virginia, appointed viewers to report whether or not in their
opinion any and ifany, what, inconvenience would result from permanently vacating the
aforesaid alley as set forth in the application; and
WHEREAS, the viewers reported in writing under date of January 5,2016, that, after
having been duly swom they viewed the said street and are unanimously ofthe opinion that no
inconvenience would result to anyone from permanently vacating and discontinuing a certain
unimproved 12' alley,located off Pyrtle Drive, with the entrance located 150' south from the
intersection of Kimball Avenue and Pyrtle Drive extending a total of480'; and
WHEREAS, pursuant to said Code Section 15.2-2006, the applicants in this proceeding
have caused a public notice to be published in the Salem Times Register, a newspaper published
and having general circulation in the City of Salem, Virginia, such publication having been made
twice, with a lease six days elapsing between the fist and second publication, to wit: on
November 26, and December 3,2015, and such notice specified the time and place ofhearing, to
wit: January 11,2016, at 7:30 p.m., in the Council Chambers of the City of Salem, at which
persons affected may appear and present their views, all of which is shown by a Certificate of
Publication executed by the Roanoke Times and filed with the papers in this proceeding; and
WHEREAS, proper notice has been giving to the land proprietors along the street
affected by the closing; and
WHEREAS, this Council, after considering the evidence submitted, is of the opinion that
vacating, discontinuing, and closing the aforesaid alley will not abridge or destroy any of the
rights and privileges ofany person, and that no inconvenience would result to anyone therefrom,
and it is further ofthe opinion that the request ofthe applicants should be granted;
NOW, THEREFORE, BE IT ORDAINED BY THE COLINCIL OF THE CITY OF
SALEM, VIRGINIA, a certain unimproved l2' alley, located off Pyrtle Drive, with the entrance
located I 50' south from the intersection of Kimball Avenue and Pyrtle Drive extending a total of
480', be permanently vacated, discontinued, and closed as provided by Section 15.2-2006 of the
Code of Virginia as amended to date, and in accordance with the law in such cases made and
provided, title to said land is herby vested in the petitioner herein, who are the sole adjoining
property owners, as provided by law. The alley hereby vacated shall become property of the
petitioner.
BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF SALEM,
VIRGINIA,that a certified copy of this ordinance be delivered by the City Clerk to the Clerk of
the Circuit Court of the City of Salem, Virginia, for recordation therein, and to the City
Engineer of the City of Salem, Virginia, and that the City Engineer of Salem, Virginia, make
appropriate notation of the vacation herein approved, on the maps and other documents in his
office.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance be
and the same are herby 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:
James L. Chisom -
William D. Jones -
Jane W. Johnson -
John C. Givens -
Byron Randolph Foley -
Passed:
Effective:
s/
Mayor
Attest:
James E. Taliafeno, II
Clerk of Council
City of Salem, Virginia
VIRGINIA:
IN THE COUNCIL FOR THE CITY OF SALEM
IN RE:
REPORT OF VIEWERS
VACATING A CERTAIN UNIMPROVED 12, ALLEY, LOCATED OFF PYRTLE
DRIVE, WITH THE ENTRANCE LOCATED 150' SOUTH FROM THE
INTERSECTION OF KIMBALL AVENUE AND PYRTLE DRIVE EXTENDING A
TOTAL OF 480,.
The undersigned viewers, appointed by the Council for the City of Salem, by
Resolution 1277 adopted the 14th day of December 2015, to view and
ascertain and report in writing, pursuant to the provisions of $ 15.2-2006, of
the Code of Virginia as amended, whether, in our opinion, any, and if any,
what inconvenience would result from permanently vacating a certain
unimproved 12' alley, located off Pyrtle Drive, with the entrance located 150'
south from the intersection of Kimball Avenue and Pyrtle Drive extending a
total of 480', in the City of Salem, Virginia, do respectfully report that, after
having first been duly sworn, visited and viewed the said alley and are
unanimously of the opinion that no inconvenience would result to anyone from
discontinuing and vacating the said alley.
GIVEN under our
Subscribed and sworn to before me,tary lic in and for the City of
Salem, State of Virsinia, this the an 2016.
ary blic
January
My Commission Expires: September 30, 2OlB.
VIRGINIA:
IN THE COUNCIL FOR THE CITY OF SALEM
IN RE:
AFFIDAVIT OF VIEWERS
VACATING A CERTAIN UNIMPROVED 12' ALLEY, LOCATED OFF PYRTLE
DRIVE, WITH THE ENTRANCE LOCATED 150' SOUTH FROM THE
INTERSECTION OF KIMBALL AVENUE AND PYRTLE DRIVE EXTENDING A
TOTAL OF 480'.
The undersigned Howard C. Packett, William R. Shepherd, and Joseph E.
Yates, Jr., being first duly sworn, depose and say that they will faithfully and
impartially view a certain unimproved 12' alley, located off Pyrtle Drive, with
the entrance located 150' south from the intersection of Kimball Avenue and
Pyrtle Drive extending a total of 480', situate in the City of Salem, Virginia,
which is sought to be permanently vacated and ascertain whether, in their
opinion any, and if any, what inconvenience would result from permanently
vacating, discontinuing and closing of same.
GIVEN under our 2016.
sworn to before me,a Notary and for the City of
Virginia, this the 1Stl Jan
No
Subscribed and
Salem, State of
hands this the 5th day of January
Publlz in
My Commission Expires: September 30, 2018.
2016.
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Permit Fee
BUILDING PERMIT
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CITY OF SALEM
APPUCANT TO COMPLETE NUMBEREO SPACES ONLY. PRINT OR TYPE
Clas of work:DtrlEW DADDITION fIALTERATIOII
BU I TDING PERMIT APPLICATION
tr REPAIR DtrlOVE D REMOVE
TAX MAP NO.
0escribework: OO NOT WRITE lN THIS SPACE
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NOTICE
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ING, HEATING. VENTILATING OR AIR CONOITIONING.txts penmir BEcoMEs NULL AND volD lF woRK oR con-
STRUCTION AUTHORI ZED IS NOT COMMENCEO WITHI N 6 MONTHS,
ON IT CONSTRUCTION OR WORK IS SUSPENDEO OR ABANDONED
Fon n pEBloD oF I YEAR AT ANY TIME AFTER woRK ls coM'
MENCED,
I hereby certify that I have read and examined this application
and know the same to be true ard correct All provisions of larps
and ordinances governing this type of work will be complied with
whether specified herein or not. The granting of a permit dges no!
presume to give authority to violate or cancel the provisiom of
any other state or tocal law regulati4g construction or the per-
formance of construction.
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H€ALTH OEPT.
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TREASURERS OFFICE
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JOHN T. PAR(ER, P.E. & L.S.
FRANK B- CALDWELL. III. P.E. {l L-S,
T.P.PARKER&SON
Engineers and Surveyors, Ltd.
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SALET,i. VIRGINIA
24t 53
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AREA C(,t)E
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,June 28, 1988
Ronald Lee cli.ngenpeel
5L2 Pyrtle Drive
saIem, Virginia 24:l-5 3
Dear Sir:
Enclosed you will f i.nd copies of the Building permit plot
plau you requested be nade on L,ot L, Block 6. Section L, Kinball
Acres and part of 1-2' a1ley noY, closed and part of Lots 8 and 9,
Block 53, Salen Developtnent Corp. map. The loan survey you
ordered has been sent to Mr. Ir. Richard Padgett, Atty. aslnstructed -
I'Ie had a note to cal] you when your plot plan was conpletedbut were unable to reach you.
If you have any questions, please caff.
Thank you,
Bookke eping
AJS
Enclosures
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IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, December 14,2015:
RESOLUTION 1277
A RESOLUTION providing for the appointment of not less than three nor more than five
freeholders, any three of whom may act, as viewers in connection with the application of Ronald
Lee & Betty Clingenpeel and 17th Century Builders, LLC to permanently vacate a certain
unimproved 12' alley, located off Pyrtle Drive, with the entrance located 150' South from the
intersection of Kimball Avenue and Pyrtle Drive extending a total of 480' per City of Salem GIS
map at a bearing 5.74"-23'E to previously vacated point, NOW, THEREFORE
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, thAt
Howard Packett, Joseph E. Yates, Jr., and William R. Shepherd be and they hereby are appointed
as viewers to view vacate a certain unimproved 12' alley, located off Pyrtle Drive, with the
entrance located 150' South from the intersection of Kimball Avenue and Pyrtle Drive extending
a total of 480' per City of Salem GIS map at a bearing S.l4-23'E to previously vacated point, as
provided by Section 15.2-2006 of the Code of Virginia, as amended to date, and to report in
writing, whether or not in their opinion any, and if any, what inconvenience would result from
permanently vacating said alley.
Upon a call for an aye and a nay vote, the same stood as follows:
Lisa D. Garst -
William D. Jones -
Jane W. Johnson -
John C. Givens -
Byron Randolph Foley -
ATTEST:
James E. Taliaferro, II
Clerk of Council
City of Salem, Virginia
q{3- g? t'(2' -
sltvt-
($t
NOTICE OF PUBUC HEARING
TO WHOM IT MAY CONCERN:
TAKE NOTICE the undersigned will apply to the Council of City of Salem at a public hearing on December
14, 2015, at 7:30 p.m-, or as s(xrn thereafter as may be heard, in the Council Chambers of the City of
Salem, at 114 North Broad Stree! Salem, Virginia, based on an application to permanently \racate an
unimproved alley more particularly described as follows:
A certain unimproved 1? alley, located off Pyrtle Drive, with the entrance located 15(l| South
from the intersection of Kimball Avenue and Pyrtle Drive extending a total of lt80' per Citt of
Salem GtS map at a bearing 5.74223'Eto previouslyvacated point.
All parties in interest and citizens may appear on the above date and be heard on the question.
Ronald Lee & Betty Clingenpeel and 17s Century Builders, [I-C, Steve Poff-
M
l'
; EsqE" "'-
CITY OF SALEM
ENGINEERING OEPARTMENT
1 14 NORTH BROAD STREET
P.O. BOX 669
SALEM, VIRGINIA 2,I,I 53.0E69
(540) 375-3032
N
A
MAPPING COMPUTED ON THE VIRGINIA
STATE PLANE COOROINATE SYSTEM -
SOUTH ZONE - ADJUSTED TO THE
NORTH AMERICAN DATUM OF
'9E3.TIC COORDINATE INFORMATION IS
AVAILABLE IN THE CITY OF SALEM
ENGINEERING OEPARTMENT.
I inch = 100 feet
100 50 0 100
tap Features
,"..,' subdiYision Lin6 I Ta Parcal 235
z \ -' Tax Map Grid I l City ot Satem parcets
Ay' cityasatmgdndary
MAP NUMBER
235
ocToBER 2015
216
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ITEM:
Downto wn Plan
SUBJECT:
Hold p ublic hearing and cons id er adoptio n of Res olution 1276 regarding the Downto wn P lan and fo r
amending "The C o mp rehens ive Plan for the City o f S alem" to reflec t the ad d ition of the Do wntown Plan.
(Recommended ap p ro val, see Page 1 of the Planning Commission minutes .)
ATTACHMENT S:
Des crip tion Type
Downtown Plan Cover Memo
PC Minutes Cover Memo
REVIEWER S:
Dep artment
Clerk of the Council
nEM#-!qfi-
IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, January 11, 2016:
RESOLUTION 1276
WHEREAS, the City of Salem is desirous of having the kind olvibrant and iconic
downtown which our community deserves; and
WHEREAS, Downtown Salem should be historic and respectful of the past, but also
modem and relevant; it must be livelier with events and activities for all citizens, and a prime
location for business; it will be lusher with greenery, and overhung with distinct, placemaking
lighting; it must take its rightful place in the valley's consciousness; and
WHEREAS, for the last year city staff and citizen stakeholders have worked towards
that goal; and
WHEREAS, at a regularly scheduled meeting on the above date, there was presented
The Downtown Plan to be added to the Comprehensive Plan ofthe City of Salem for approval,
amendment and approval, or disapproval, as required by the provisions of Section 15.2-2226 of
the 1950 Code of Virginia, as amended; and
WHEREAS, notice has been given, in accordance with Section 15.2-2204 of the 1950
Code of Virginia, as amended, that a public hearing on the Comprehensive Plan would be held at
the regularly scheduled meeting on the above date; and
WHEREAS, the public hearing, as required, has been held; and
WHEREAS, in accordance with Section 15.2-2230 of the 1950 Code of Virginia, as
amended, City Council has reviewed the plan and recommends no further amendments at this
time;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA,
that:
(1) The Downtown Plan as presented is hereby approved.(2) The Comprehensive Plan is hereby reviewed, amended and updated.
Upon a call for an aye and a nay vote, the same stood as follows:
James L. Chisom -
William D. Jones -
Jane W. Johnson
John C. Givens -
Byron Randolph Foley
ATTEST:
James E. Taliafeno, II
Clerk of Council
City of Salem, Virginia
Notice is hereby given to all interested persons that the Council of the City of Salem, at its regular meeting on
January 11,2076, at7:30 p.m., in Council Chambers of the City Hall, 114 N. Broad Street, in the City of Salem,
Virginia, will hold a public hearing, pursuant to Sections 15.2-2204 and 15.2-2285 of the Code of Virgini4 as
amended, to consider approval of the following request relative to the City of Salem ZoningOrdinance:
l. Consider adopting Resolution #1276 regarding the Downtown Plan and for amending
"The Comprehensive Plan for the City of Salem" to reflect the addition of the Downtown
Plan.
2. Consider enacting and amending Chapter 106, Article II District Regulations, Sections
106-210_2(A)(5), 106-210.3(BX1), 106-212.2 (BXs), r06-2r2.3(BX1), 106-218.2(8)(6),
106-218.3(CXl), 106-218.3(C)(2), 106-220.2(BX6), and 106-220.3(C)(1), 106-
220.3(C)(2), Article III Use and Design Standards, Sections 106-310.19, 106-312.3,
Article IV Development Standards, Sections 106-404.17(E) and 106-404.17(F), Article VI
Definitions and Use Types, Sections 106-602.9, and 106-602.ll,pertaining to breweries
and microbreweries, site development regulations, and definitions.
Copies of the proposed plans, ordinances or amendments may be examined in the Office of the City Planner, City
Hall, 114 North Broad Street, Salem, Virginia.
At said hearing, parties in interest and citizens shall have an opportunity to be heard relative to the said request.
THE COUNCIL OF THE
CITY OF SALEM, VIRGINIA
BY
James E. Taliaferro, II
Clerk of Council
(PLEASE PUBLISH IN THE DECEMBER 24 AND 3t,20t5, ISSUES OF THE "SALEM TTMES-REGISTER"
AND SEND STATEMENT TO:CLERK OF COUNCIL, PO BOX 869, SALEM, VIRGINIA 24153-0869.)
ITEM #1
December 10, 2015
To: Planning Commission Members
From: Melinda J. Payne, Director of Planning & Economic Development
Date: December 10,2015
RE: Downtown Plan Resolution of Recommendation and amendment to the
Comprehensive Plan for the City of Salem
Attached is the final draft of The Downtown Plan and also a resolution of
recommendation. With the adoption of the resolution, the Commission will be voting to
amend "The Comprehensive Plan for the City of Salem" to reflect the addition of the
Downtown Plan-
Thanks.
MEMORANDUM
IN THE PLANNING coMMISSIoN oF THE cITy oF SALEM, VIRGINIA, December 16,2015:
RESOLUTION
WHEREAS, the City of Salem is desirous of having the kind of vibrant and iconic downtown
which our community deserves; and
WHEREAS, Downtown Salem should be historic and respectful of the past, but also modem
and relevant; it must be livelier with events and activities for all citizens, and a prime location for
business; it will be lusher with greenery, and overhung with distinct, placemaking lighting; it must take
its rightful place in the valley's consciousness; and
WHEREAS, for the last year city staff and citizen stakeholders have worked towards that
goal; and
WHEREAS, at a regularly scheduled meeting on the above date, there was presented The
Downtown Plan to be added to the Comprehensive Plan of the City of Salem for approval, amendment
and approval, or disapproval, as required by the provisions of Section 15.2-2226 of the 1950 Code of
Virginia, as amended; and
WHEREAS, notice has been given, in accordance with Section 15.2-2204 of the 1950 Code of
Virginia, as amended, that a public hearing on the Comprehensive Plan would be held at the regularly
scheduled meeting on the above date; and
WHEREAS, the public hearing, as required, has been held; and
WHEREAS, in accordance with Section 15.2-2230 of the 1950 Code of Virgini4 as amended,
the Planning Commission has reviewed the plan and recommends no further amendments at this time;
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SALEM,
VIRGINIA, that:
(l) The Downtown Plan as presented is hereby approved.
(2) The Downtown Plan is here by recommended for approval to the Council ofthe City of
Salem, Virginia, and The Comprehensive Plan is hereby reviewed, amended and updated.
(3) A certified copy ofthis Resolution shall be presented to the Council ofthe City ofSalem,
Virginia.
Upon a call for an aye and a nay vote, the same stood as follows:
Denise P. King -
Samuel R. Carter III -
Jimmy W. Robertson -
Bruce N. Thomasson -
Vicki G. Daulton -
ATTEST:
James E. Taliaferro, II
Executive Secretary, Planning Commission
City of Salem, Virginia
UNAPPROVED MINUTES
PLANNING COMMISSION
December 16, 2015
A regular meeting of the Planning Commission of the City of Salem, Virginia, was held in
Council Chambers, City Hall, 114 North Broad Street, at 7:00 p.m., on December 16, 2015, there
being present all the members of said Commission, to wit: Vicki G. Daulton, Bruce N. Thomasson,
Jimmy W. Robertson, Samuel R. Carter, III, and Denise P. King with Vicki G. Daulton, Chair,
presiding; together with James E. Taliaferro, II, Assistant City Manager and Executive Secretary,
ex officio member of said Commission; Melinda J. Payne, Director of Planning and Development;
Charles E. Van Allman, Jr., City Engineer; Benjamin W. Tripp, Planner; Judy L. Hough, Planner;
Mary Ellen Wines, Zoning Administrator; and William C. Maxwell, Assistant City Attorney; and the
following business was transacted:
The October 14, 2015, regular meeting minutes were approved as written.
In re: Hold public hearing to consider adopting resolution of recommendation
regarding the Downtown Plan and for amending “The Comprehensive Plan
for the City of Salem” to reflect the addition of the Downtown Plan
The Executive Secretary reported that this date and time had been set to hold a public
hearing to consider adopting a resolution of recommendation regarding the Downtown Plan and
for amending “The Comprehensive Plan for the City of Salem” to reflect the addition of the
Downtown Plan; and
WHEREAS, the Executive Secretary further reported that notice of such hearing had been
published in the November 26, and December 3, 2015, issues of the Salem Times Register; and
WHEREAS, staff noted the following: the final draft of The Downtown Plan had been
submitted to the Planning Commission and also a resolution of recommendation; with the
adoption of the resolution, the Commission will be voting to amend “The Comprehensive Plan
for the City of Salem” to reflect the addition of the Downtown Plan; and
WHEREAS, Ben Tripp, Planner, appeared before the Commission explaining the process
for the Downtown Plan; he noted the document is a road map for the future of Downtown Salem;
the process to create it began about a year ago, and from the beginning we set out to use a
modern comprehensive approach to economic development, one that would be successful
because of its collaboration, and decisive in its intent; last fall, Salem City Council appointed a
2
group of citizens, business owners to an Advisory Committee; using surveys and stakeholder
meetings, staff undertook a community visioning process to determine what kind of do wntown
residents wanted to have, and the response was overwhelming; he further noted he was sure
none of the Commission would be surprised that Salem residents really care about their
downtown; staff received 1,152 unique responses to one of the surveys, which was mailed to
every single utility billing address in Salem; overall staff reviewed 3,400 individual comments
about downtown, the most of any plan the city has ever done; staff sorted and cataloged these
comments, and aggregated them into ten broad themes of consensus, which make up the body
of the plan; each theme has goals and strategies about how to accomplish it; below is a list of
the themes and a brief overview of a few of the strategies they contain:
1. Events – We must get more people downtown. We need more and different types
of events than we have now. We also have to work with new partners, like the Salem
Library, businesses, churches, and Roanoke College.
2. Businesses – We have created a Façade Grant incentive program, and will take
advantage of historic tax credits. We will work to limit the negative side effects of
non-profits and government facilities on the critical mass of businesses necessary to
have a successful downtown. We’ll have areas for outdoor dining that will be
provided for restaurants. This will provide desired experiences for patrons and
increases sales for business. We will take the information we learned from the
surveys and make that available to businesses, so that entrepreneurship can fill the
demand for the products people have told us they want.
3. History – Downtown is where Salem began. We will preserve the past and build its
storied nature. We will make the streetscape look more historic by replacing the
sidewalks with brick, by adding historic style streetlights and traffic signals, and
reintroducing quirky little bits of character from downtowns past. We will encourage
the use of historic tax credits, and amplify them through t he façade grant program.
4. Parking – How many parking spaces would you guess are in Downtown Salem? (WAIT)
2,019. And would you believe that parking is typically about 50% used? That doesn’t
mean that there aren’t areas that are heavily used though. Wh at it means is there is
an opportunity to use that extra capacity to make parking in downtown work smarter.
We can increase the amount of parking and better manage it. We can have special
parking for tourists, and improve the look of parking lots from th e street.
5. Character – We’ll create a “Salem” character. Look on the front of your copy of the
plan. That’s it. You see bump outs in the sidewalk for outdoor dining, and areas of
3
congregation. You see a livable, pedestrian friendly downtown. Areas of downtown
will be overhung by distinctive placemaking lighting, unlike anything else in our region,
which will define the district, and create something special “under the lights”.
6. Downtown Living – Residential options are key to the success of any downtown, and
ours is no exception. We have to have better quality units downtown and have better
connections to the surrounding neighborhoods. We also have to make sure that the
required services, such as municipal wifi, are in place downtown to cater to the needs
of residents.
7. Appearance & Placemaking – Improve the turn movements at lights on Main Street.
Improve property maintenance. Expand the footprint of downtown. Improve
Boulevard between College and Market in order to make the area more attractive to
business and a better entrance to downtown.
8. Landscaping – We will create a “landscaping” requirement for downtown, which will
require plants on the sidewalk, flags, or other low-cost, colorful and character-
producing elements. We will increase the tree canopy coverage and use trees to help
create a sense of place, and a healthier environment.
9. Youth & College Students – We will work with Roanoke College, the Salem Public
Library, and businesses to create more nightlife downtown. We will add family
oriented events in Younger Park. We will create the kind of downtown that will appeal
to the millennial generation.
10. Tourism – Last is tourism. Salem enjoys so many advantages in this area, from our
beautiful natural scenery, to the Stagg Bowl. But we have to work to make these
advantages benefit our downtown. We have to add signage to the interstate, hold
“fan zones” downtown for sporting tournaments, and make sure our downtown fills
a certain niche in the region.
In conclusion, Downtown is the heart of Salem; it represents our identity, not just to our
citizens, but also our identity in the region; by working together we can build on the idea of what
Salem means; we can use downtown to propel our identity into the future; what we must do is
commit ourselves to building the kind of downtown that our community, Salem, deserves; and
he stated he would be happy to answer any questions the Commission might have; and
WHEREAS, Vice Chair Thomasson noted he assumed the implementation phase is
underway and will consistently improve the downtown area as we get grant money to do this;
4
Mr. Tripp noted that this is correct; he noted that there are a number of things which have
already begun in the implementation phase and City Council has wisely set aside some money
for high priority projects; but what he hopes will happen is that the idea of supporting downtown
and focusing on downtown will become embedded in our community and in the way we operate;
and
WHEREAS, Chair Daulton asked if he could put a price tag on what the entire project
would cost, what would he estimate; Mr. Tripp noted that he was not sure he could give her an
estimate; he believes that there are probably between one and two million dollars of things
outlined in the plan, and obviously this will be spread over a very long time frame; he noted the
items in Phase 3 are probably beyond 10 years, and the things that are newer are much closer;
he further noted that there is a whole host of items that could be done now with a zero cost;
these items just involve a change in the way we do something; for instance, we have movies in
the park at Longwood, and it is a great event; but what if this event was held in front of the
library; it does not cost anything to do, but it changes the focus and it changes the kind of event;
he believes there are other things we do as a community, like the new Salem ½ marathon coming
up, which will help work with the Downtown Plan as well but they are not counted in the cost; in
terms of the streetscape, which is probably the big ticket item and is not included in the figure
he gave, he thinks we will need to do the engineering to determine the cost, but we have
submitted for 1.5 million dollars in grants from VDOT and those gr ants have about a 20% local
match; so the cost to the City will be 20% and the state will pay 80%; Chair Daulton asked if he is
guessing the entire project should take 10 to 15 years from start to finish; he noted in terms of
doing everything in the plan and checking off the items, it might not be quite that long but it will
take time to see the changes that we want to see; he further noted that some of the items are
very long term strategies like the parking garage; and
WHEREAS, Commissioner King noted that she likes the idea of the drawing where we have
set out sections that are to be done so that we are not running in different directions but focusing
on an area; she referred to the change in the Olde Salem Christmas this year to the Library so it
focused people to one area; she received several comments from people with small children who
said it was walkable now that it had been moved; Mr. Tripp noted that this is a great example of
the kind of thought change that can happen, and it did not cost anythin g to do it differently; he
noted it was a great event with a fire pit in front of the library, shops were open, music, etc.; and
WHEREAS, Vice Chair Thomasson noted that assuming Mr. Tripp is going to be the integral
part of implementing the plan, and succession planning is very important for someone to pick up
the baton after he is done; Mr. Tripp noted that he though t the Vice Chair was overstating his
5
involvement because there were a lot of people who worked on the plan; Vice Chair noted that
this was correct – there had been a lot of people involved; Mr. Tripp noted that he wrote the
plan, and he mentioned the steering committee and the advisory committee who had been
involved; he noted that this has been a community process and was community driven; and
WHEREAS, Melinda Payne noted that one of the advisory committee members was
present and she invited him to share a brief perspective; and
WHEREAS, Russ West, Downtown Plan Advisory Committee member, appeared before
the Commission; he noted that he was very excited when the City reached out to him and asked
him to be a part of the project; he further noted that he has done this a couple times in a land
far, far away from Salem, and it is an exciting project; one thing he wanted to touch on is that we
have all kinds of ideas here in the plan but it is fluid; we are going to move the plan around, there
will be things added and things subtracted because there has to be – time, money, personnel,
and engineering will all dictate a lot of what is going to happen here; but he wants to stress the
fact that this is the downtown or the core of a 25,000 people community, and if we do not have
a good, solid vibrant core, then we do not have the ability to go anywhere else within the
community; he can guarantee with the success of this in 10 to 15 years that someone will be
standing at this microphone and talking to 5 people sitting in the same chairs about the east end,
West Main Street, Apperson Drive, or the district around the hospital; those other areas will want
to know when it is their turn, and it will happen because the community will grow and thrive; he
noted that this was the easy part putting the plan together, and come next year, that is when the
hard work starts; and
WHEREAS, Ms. Payne noted that she also wanted to thank Chair Daulton for serving as
the liaison for the Planning Commission and for her support and the role that she played in it;
she further noted it was a lot of work and we are going to make it happen so she want ed to give
accolades to everyone for the role they played in getting us to this point; and
WHEREAS, Commission Member Robertson noted there were a lot of people who worked
on the plan and it was a job well done; the thing that he really appreciates is that the plan covers
how the work will be distributed for the future; Mr. Tripp noted that staff did not want to create
a plan that would sit on the shelf; and
WHEREAS, Barbara Bell of 352 North Broad Street appeared before the Commission; she
noted that they have a neighborhood association, which is very active, and it is their hope to
make North Broad Street a National Historic District; so she is here to let the Commission and
6
staff know she is interested in what is going on with the Downtown Plan, etc.; she is hoping once
Mike Pulice with the Virginia Department of Historic Resources gets everything pulled together
and they get all of their houses evaluated that it might be a good time for them to come before
the City and get some financial help and approval for this designation; they believe that having a
historic district adjacent to the downtown district might be a nice thing to consider; and she
thanked the Planning Commission for their time; and
WHEREAS, Commissioner King noted the area would be within walking distance of the
downtown area so she thought it would be wonderful; and
WHEREAS, no other person(s) appeared related to said request; and
ON MOTION MADE BY COMMISSIONER KING, SECONDED BY COMMISSIONER
ROBERTSON, AND DULY CARRIED, the request to consider adopting a Resolution of
Recommendation regarding the Downtown Plan and for amending “The Comprehensive Plan for
the City of Salem” to reflect the addition of the Downtown Plan be approved as presented – the
roll call vote: all aye.
ITEM:
Zoning Ordinanc e Amendment
SUBJECT:
Hold p ublic hearing and cons id er ordinanc e o n firs t read ing to enact and amend Chap ter 106, Article II
District Regulatio ns , S ectio ns 106-210.2(A)(5), 106-210.3(B)(1), 106-212.2 (B)(5), 106-212.3(B)(1), 106-
218.2(B)(6), 106-218.3(C)(1), 106-218.3(C)(2), 106-220.2(B)(6), and 106-220.3(C)(1), 106-220.3(C)(2),
Article III Us e and Des ign Standards, Sections 106-310.19, 106-312.3, Artic le IV Develo p ment Stand ards ,
Sec tions 106-404.17(E) and 106-404.17(F), Artic le VI Definitio ns and Use Types , S ectio ns 106-602.9, and
106-602.11, pertaining to b reweries and micro b reweries, site develo p ment regulations , and d efinitio ns.
(Ad vertis ed in the December 24, and 31, 2015, is s ues of the Salem Times Register. Rec o mmended
ap p ro val, see P age 6 o f the Planning Commis s io n minutes.) (STAFF REPORT)
Continued on P age 2
ATTACHMENT S:
Des crip tion Type
Zoning Changes Cover Memo
PC Minutes Cover Memo
REVIEWER S:
Dep artment
Clerk of the Council
ITEM*-Gh-
AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, Article II District
Regulations, Sections 106-210.2(AX5), 106-210.3(B)(l),106-212.2 (BX5), 106-212.3(BX1), 106-
218.2(BX6), 106-218.3(CX1), 106-218.3(CX2), 106-220.2(8)(6), and 106-220.3(CX1), 106-
220.3(C)(2), Article III Use and Design Standards, Sections 106-310.19, 106-312.3, Article IV
Development Standards, Sections 106-404.17(E) and 106-404.17(F), Article VI Definitions and
Use Types, Sections 106-602.9, and 106-602.11, pertaining to breweries and microbreweries, site
development regulations, and definitions.
BE IT ORDAINED BY THE COLNCIL OF THE CITY OF SALEM, VIRGINIA, thAt
Sections 106-210.2(AXs), 106-210.3(BX1),106-212.2(BX5), 106-212.3(BX1), 106-218.2(BX6),
106-218.3(cXl), 106-218.3(cX2), 106-220.2(B)(6), and 106-220.3(CX1), 106-220.3(C)(2),
Article II, Sections 106-310.19, 106-312.3, Article III, Sections 106-404.17(E) and 106-404.17(F),
Article IV, Sections 106-602.9, and 106-602.11, Article VI, Chapter 106, of The Code of the City
of Salem, Virginia, be amended, revised, and reordained to read as follows:
CHAPTER 106
ARTICLE II DISTRICT REGULATIONS
SECTION 106-210 DOWNTOWN BUSINESS DISTRICT.
Sec. 106-210.2. - Permitted uses.(A) The following uses are permitted by right in the DBD Downtown Business District,
subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates
that the use is subject to additional, modified or more stringent standards as listed in Article
III, Use and Design Standards
5. Commercial Use Types
Antique Shops
Automobile Paru/Supply, Retail
Business or Trade School
Business Support Services
Commercial Indoor Entertainment
Communicalion Services
Consumer Repair Services
Convenience Store
Day Care Center *
Funeral Services
Homestay Inn *
Hotel,Motel/Motor Lodge
Microbrewerl'*
Pawn Shop
Personal Improvement Services
Personal Services
Restawant
Retail Sales
Studio, Fine Arts
Veterinary Hospital/C linic
DA]E l- ll-1a:l(t',
Sec. 106-210.3. - Site development regulations.
The following are general development standards for the DBD Downtown Business
District. For additional, modified or more stringent standards see Article III, Use and Design
Standards.(B) Minimum and Maximum Setback Requiremenls.
1. PrincipalStructure:
Front Yard: @.-Zero; Exception: Maximum of
20 feet if for outdoor patio-style dining. Front yard shall only be used for
patio-styte outdoor dining. No front yard shall be used for any parking area or
otherwise designed or devoted to any vehicle use.
SECTION 106-212 TRANSITIONAL BUSINESS DISTRICT.
Sec. 106-212.2. - Permitted uses.
(B) The following uses are permitted by special exception in the TBD Transitional
Business District, subject to all other applicable requirements contained in this chapter. An
asterisk (*) indicates that the use is subject to additional, modified or more stringent standards
as listed in Article III, Use and Design Standards
5. Commercial Use Types
Assembly Hall
Commercial Indoor Amusement
Hospital
Microbrewery*
Sec. 106-212.3, - Site development regulations.
The following are general development standards for the TBD Transitional Business
District. For additional, modified or more stringent standards see Article III, Use and Design
Standards.(B) Minimum and Mmimum Selback Requirements.
1. PrincipalStructure:
Front Yard: Ne+4inirsanm Zero; Exception: Maximum of 20 feet if for outdoor
patio-style dining. Front yard shall only be used for patio-style dining. No front
yard shall be used for any parking area or otherwise designed or devoted to any
vehicle use.
SECTION 106.218 LIGHT MANUFACTURING DISTRICT.
Sec. 106-218.2. - Permitted uses.(B) The following uses are permitted by special exception in the LM Light
Manufacturing District, subject to all other applicable requirements contained in this chapter.
An asterisk (*) indicates that the use is subject to additional, modified or more stringent
standards as listed in Article III, Use and Design Standards.
6. Induslrial Use Types
Asphalt Plant *
Breweryt
Industry Type II
Landfi ll, Construction Debris
Landfill, Rubble
Landfill, Sanitary
Meat Packing and Related Industries
Railroad Facilities
Resource Extraction
Scrap and Salvage Services
Sec. 106-218.3. - Site development regulations.
The following are general development standards for the LM Light Manufacturing District.
For additional, modified or more stringent standards see Article III, Use and Design Standards.
(C) Maximum Height of Structures.
1. Principal Structures: z15 70 feet
2. Accessory Structures: 70 feet.
SECTION 106-220 HEAVY MANUFACTURING DISTRICT.
Sec. 106-220.2. - Permitted uses.(B) The following uses are permitted by special exception in the HM Heavy
Manufacturing District, subject to all other applicable requirements contained in this chapter.
An asterisk (*) indicates that the use is subject to additional, modified or more stringent
standards as listed in Article III, Use and Design Standards.
6. Industrial Use Types
Brewery*
Industry Type III
Landfi ll, Construction Debris
Landfill, Rubble
Landfill, Sanitary
Resource Extraction
Scrap and Salvage Services
Sec. 106-220.3. - Site development regulations.
The following are general development standards for the HM Heavy Manufacturing
District. For additional, modified or more stringent standards see Article III, Use and Design
Standards.
(C) Mmimum Height of Structures.
1. Principal Structues:45 75 feet
2. AccessoryStructures:
75 feet
ARTICLE III USE AND DESIGN STANDARDS
SECTION 106-310 COMMERCIAL USES.
Sec. 106-310.19. - Microbreweries.(A) General standards:
1. Such establishments shall include a tasting area, and may include restaurant, retail,
and live entertainment uses.
2. First floor frontage shall have at least 500% transparency from the street, and shall
be primarily occupied by non-industrial uses.
Sec. 106-312.3. - Breweries.
(A) General standards:
1. Such establishments may also include restaurants, tasting rooms, and retail related to
the beverage being produced.
ARTICLE IV DEVELOPMENT STANDARDS
SECTION 106-404 OFF-STREET PARKING REQUIREMENTS.
Sec. 106-404.17. - Minimum parking required.(E) Commerciql Use Types
Microbrewery Schedule B
(F) Industrial Use Types
Brewery Schedule B
ARTICLE VI DEFINITIONS AIYD USE TYPES
SECTION 106-602 USE TYPES.
Sec. 106-602.9. - Commercial use types.
[The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:]
Athletic Instruction Services. Establishments primarily engaged in providing indoor
instruction and training in athletic sports that require high ceiling heights for the
activity. Typical uses include gymnastics academies, baseball and softball training
centers, tennis centers and golf centers.
Microbrewery. An establishment engaged in the production ofbeer with a significant
commercial component, such as a restaurant or retail store.
Sec. 106-602.11. - Industrial use types.
[The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:l
Brewery. An establishment primarily engaged in the production of beer for
distribution.
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:
James L. Chisom -
William D. Jones -
Jane W. Johnson -
John C. Givens -
Byron Randolph Foley -
Passed:
Effective:
Mayor
ATTEST:
James E. Taliaferro, II
Clerk of Council
City of Salem, Virginia
"\
CITY OF SALEM
PLANNING COMMISSION
ITEM #2
STAFF REPORT
Prepared by:
City Administrative Staff
Meeting Date:
December '16,2015
Report prepared:
December 10, 2015
RE: Hold public hearing to consider enacting and amending Chapter 106, Article II District
Regulations, Sections 106-210.2(AX5), 106-210.3(BX1), 106-212.2 (BX5), 106-212.3(BXl), 106-
218.2(BX6), 106-218.3(cX1), 106-218.3(cX2), 106-220.2(BX6), and 106-220.3(CXl), 106-
220.3(C)(2), Article III Use and Design Standards, Sections 106-310.19, 106-312.3, Article IV
Development Standards, Sections 106-404.17(E) and 106-404.17(F), Article VI Definitions and
Use Types, Sections 106-602.9, and 106-602.11, pertaining to breweries and microbreweries, site
development regulations, and definitions.
@:
This request is to enact and amend Chapter 106, Article II District Regulations, Article III Use and Design
Standards, Article IV Development Standards, and Article VI Definitions and Use Types pertaining to
breweries and microbreweries, site development regulations, and definitions.
BB9,SENIIANE:
Sec. 106-210.2. - Permitted uses.(A) The following uses are permitted by right in the DBD Downtown Business District, subject to
all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject
to additional, modified or more stringent standards as listed in Article III, Use and Design Standards
5. Commercial Use Types
Antique Shops
Automobile Parts/Supply, Retail
Business or Trade School
Business Support Services
Commercial Indoor Entertainment
Communication Services
Consumer Repair Services
Convenience Store
Day Care Center *
Funeral Services
Homestay Inn *
Hotel/Motel/\,Iotor Lodge
Microbrewery*
Pawn Shop
Personal Improvement Services
Personal Services
Restaurant
Retail Sales
Page 2
Studio, Fine Arts
Veterinary Hospital/Clinic
Sec. 106-210.3. - Site development regulations.
The following are general development standards for the DBD Downtown Business District. For
additional, modified or more stringent standards see Article III, Use and Design Standards.(B) Minimum and Moximum Setback Requirements.
1 . Principal Structure:
Front Yard: @.-Zero; Exception: Maximum of 20 feet il
for outdoor patio-style dining. Front yard shall only be used for patio-style outdoor
dining. No front yard shall be used for any parking area or otherwise designed or devoted to
any vehicle use.
Sec. 106-212.2. - Permitted uses.(B) The following uses are permitted by special exception in the TBD Transitional Business District,
subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use
is subject to additional, modified or more stringent standards as listed in Article III, Use and Design
Standards
5. Commercial Use Types
Assembly Hall
Commercial Indoor Amusement
Hospital
Microbrewery*
Sec. 106-212.3. - Site development regulations.
The following are general development standards for the TBD Transitional Business District. For
additional, modified or more stringent standards see Article III, Use and Design Standards.(B) Minimum and Maximum Setback Requirements.
l. Principal Structure:
Front Yard: Ne-A4i+imum Zero; Exception: Maximum of 20 feet if for outdoor patio-style
dining. Front yard shall only be used for patio-style dining. No front yard shall be used for
any parking area or otherwise designed or devoted to any vehicle use.
Sec. 106-218.2. - Permitted uses.(B) The following uses are permitted by special exception in the LM Light Manufacturing District,
subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use
is subject to additional, modified or more stringent standards as listed in Article III, Use and Desiga
Standards.
6. Industrial Use Types
Asphalt Plant *
Brewery*
Industry Type II
Landfill, Construction Debris
Landfill, Rubble
Landfill, Sanitary
Meat Packing and Related Industries
Railroad Facilities
Resource Extraction
Scrap and Salvage Services
Page 3
Sec. 106-218.3. - Site development regulations.
The following are general development standards for the LM Light Manufacturing District. For
additional, modified or more stringent standards see Article III, Use and Design Standards.
(C) Maximum Height of Structures.
l. Principal Structures: € 70 feet
2. Accessory Structures: 70 feet. The height efany aeeessery strueture shall net e'teeed the
@
Sec. 106-220.2. - Permitted uses.(B) The following uses are permitted by special exception in the HM Heavy Manufacturing District,
subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use
is subject to additional, modified or more stringent standards as listed in Article III, Use and Design
Standards.
6. Industrial Use Types
Brewery*
Industry Type III
Landfi ll, Construction Debris
Landfrll, Rubble
Landfrll, Sanitary
Resource Extraction
Scrap and Salvage Services
Sec. 106-220.3. - Site development regulations.
The following are general development standards for the HM Heavy Manufacturing District. For
additional, modified or more stringent standards see Article III, Use and Design Standards.
(C) Mmimum Height of Structures.
1. Principal Structures: 4575 feet
2. Accessory Structures:
@75feet
Sec. 106-310. t 9. - Microbreweries.(A) General standards:
1. Such establishments shall include a tasting area, and may include restaurant, retail, and live
entertainmenl uses.
2. First floor fronlage shall have at least 500% transparency from the street, and shall be primarily
occupied by non-industrial uses.
Sec. 106-312.3. - Breweries.
(A) General standards:
l. Such establishments may also include restaurants, tasting rooms, and retail related to the
beverage being produced.
Sec. 106-404.17. - Minimum parking required.
(E) Commercial Use Types
Microbrewery Schedule B(F) Industrial Use Types
Brewery Schedule B
t
Page 4
Sec. 106-602.9. - Commercial use types.
[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:]
Athletic Instruction Services. Establishments primarily engaged in providing indoor instruction and
training in athletic sports that require high ceiling heights for the activity. Typical uses include
gymnastics academies, baseball and softball training centers, tennis centers and golfcenters.
Microbrewery. An establishment engaged in the production olbeer with a significant commercial
component.
Sec. 106-602.11. - Industrial use types.
[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:]
Brewery. An establishment primarily engaged in the production of beer for distribution.
In re: Hold public hearing to consider enacting and amending Chapter 106, Article II
District Regulations, Sections 106-210.2(A)(5), 106-210.3(B)(1), 106-212.2 (B)(5),
106-212.3(B)(1), 106-218.2(B)(6), 106-218.3(C)(1), 106-218.3(C)(2), 106-
220.2(B)(6), and 106-220.3(C)(1), 106-220.3(C)(2), Article III Use and Design
Standards, Sections 106-310.19, 106-312.3, Article IV Development Standards,
Sections 106-404.17(E) and 106-404.17(F), Article VI Definitions and Use Types,
Sections 106-602.9, and 106-602.11, pertaining to breweries and
microbreweries, site development regulations, and definitions
The Executive Secretary reported that this date and time had been set to ho ld a public
hearing to consider enacting and amending Chapter 106, Article II District Regulations, Sections
106-210.2(A)(5), 106-210.3(B)(1), 106-212.2 (B)(5), 106-212.3(B)(1), 106-218.2(B)(6), 106-
218.3(C)(1), 106-218.3(C)(2), 106-220.2(B)(6), and 106-220.3(C)(1), 106-220.3(C)(2), Article III
Use and Design Standards, Sections 106-310.19, 106-312.3, Article IV Development Standards,
Sections 106-404.17(E) and 106-404.17(F), Article VI Definitions and Use Types, Sections 106-
602.9, and 106-602.11, pertaining to breweries and microbreweries, site development
regulations, and definitions; and
WHEREAS, the Executive Secretary further reported that notice of such hearing had been
published in the November 26, and December 3, 2015, issues of the Salem Times Register; and
WHEREAS, staff noted the following: this request is to enact and amend Chapter 106,
Article II District Regulations, Sections 106-210.2(A)(5), 106-210.3(B)(1), 106-212.2 (B)(5), 106-
212.3(B)(1), 106-218.2(B)(6), 106-218.3(C)(1), 106-218.3(C)(2), 106-220.2(B)(6), and 106-
220.3(C)(1), 106-220.3(C)(2), Article III Use and Design Standards, Sections 106-310.19, 106-
312.3, Article IV Development Standards, Sections 106-404.17(E) and 106-404.17(F), Article VI
Definitions and Use Types, Sections 106-602.9, and 106-602.11, pertaining to breweries and
microbreweries, site development regulations, and definitions; and
WHEREAS, Mary Ellen Wines, Zoning Administrator, appeared before the Commission
explaining the proposed zoning ordinance amendments; staff over the past few years gathered
several housekeeping changes that needed to be made and before the Commission tonight are
part of the changes; she noted that included in the changes are the addition of a couple of
definitions and uses, one of those is the microbrewery to be added to the Downtown Business
District and the Transitional Business District; with the popularity of breweries now, staff believes
it is very appropriate to include this use in these districts before we have someone show interest
in these areas; also from a couple of years ago when Parkway Brewery located in the City, we did
not have a use in the ordinance for brewery so this has been added to the industrial districts
permitted uses as well, and a definition for breweries has been ad ded to the definitions; in
2
addition, a definition has been added for athletic instruction services which was inadvertently
left out of the approval process a few years ago; further, there are some changes related to
maximum height of structures and front setback which staff feels is more appropriate than the
existing regulations; and
WHEREAS, no other person(s) were present related to said request;
ON MOTION MADE BY VICE CHAIR THOMASSON, SECONDED BY COMMISSIONER CARTER,
AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend to the
Council of the City of Salem that Chapter 106, Article II District Regulations, Sections 106-
210.2(A)(5), 106-210.3(B)(1), 106-212.2 (B)(5), 106-212.3(B)(1), 106-218.2(B)(6), 106-218.3(C)(1),
106-218.3(C)(2), 106-220.2(B)(6), and 106-220.3(C)(1), 106-220.3(C)(2), Article III Use and Design
Standards, Sections 106-310.19, 106-312.3, Article IV Development Standards, Sections 106-
404.17(E) and 106-404.17(F), Article VI Definitions and Use Types, Sections 106-602.9, and 106-
602.11, pertaining to breweries and microbreweries, site development regulations, and
definitions be amended as follows:
ARTICLE II DISTRICT REGULATIONS
SECTION 106-210. DBD – Downtown Business District
Sec. 106-210.2. - Permitted uses.
(A) The following uses are permitted by right in the DBD Downtown Business District,
subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates
that the use is subject to additional, modified or more stringen t standards as listed in Article III,
Use and Design Standards
5. Commercial Use Types
Antique Shops
Automobile Parts/Supply, Retail
Business or Trade School
Business Support Services
Commercial Indoor Entertainment
Communication Services
Consumer Repair Services
Convenience Store
Day Care Center *
Funeral Services
Homestay Inn *
Hotel/Motel/Motor Lodge
Microbrewery*
3
Pawn Shop
Personal Improvement Services
Personal Services
Restaurant
Retail Sales
Studio, Fine Arts
Veterinary Hospital/Clinic
Sec. 106-210.3. - Site development regulations.
The following are general development standards for the DBD Downtown Business District.
For additional, modified or more stringent standards see Article III, Use and Design Standards.
(B) Minimum and Maximum Setback Requirements.
1. Principal Structure:
Front Yard: No Minimum; Maximum of 20 feet. Zero; Exception: Maximum of
20 feet if for outdoor patio-style dining. Front yard shall only be used for patio-
style outdoor dining. No front yard shall be used for any parking area or
otherwise designed or devoted to any vehicle use.
SECTION 106-212. TBD – Transitional Business District
Sec. 106-212.2. - Permitted uses.
(B) The following uses are permitted by special exception in the TBD Transitional
Business District, subject to all other applicable requirements contained in this chapter. An
asterisk (*) indicates that the use is subject to additional, modified or more stringent
standards as listed in Article III, Use and Design Standards
5. Commercial Use Types
Assembly Hall
Commercial Indoor Amusement
Hospital
Microbrewery*
Sec. 106-212.3. - Site development regulations.
The following are general development standards for the TBD Transitional Business
District. For additional, modified or more stringent standards see Article III, Use and Design
Standards.
(B) Minimum and Maximum Setback Requirements.
1. Principal Structure:
Front Yard: No Minimum Zero; Exception: Maximum of 20 feet if for outdoor
patio-style dining. Front yard shall only be used for patio-style dining. No front
yard shall be used for any parking area or otherwise designed or devoted to any
vehicle use.
4
SECTION 106-218. LM – Light Manufacturing District
Sec. 106-218.2. - Permitted uses.
(B) The following uses are permitted by special exception in the LM Light
Manufacturing District, subject to all other applicable requirements contained in this chapter.
An asterisk (*) indicates that the use is subject to additional, modified or more stringent
standards as listed in Article III, Use and Design Standards.
6. Industrial Use Types
Asphalt Plant *
Brewery*
Industry Type II
Landfill, Construction Debris
Landfill, Rubble
Landfill, Sanitary
Meat Packing and Related Industries
Railroad Facilities
Resource Extraction
Scrap and Salvage Services
Sec. 106-218.3. - Site development regulations.
The following are general development standards for the LM Light Manufacturing District.
For additional, modified or more stringent standards see Article III, Use and Design Standards.
(C) Maximum Height of Structures.
1. Principal Structures: 45 70 feet
2. Accessory Structures: 70 feet. The height of any accessory structure shall not
exceed the height of the principal structure on the lot.
SECTION 106-220. HM – Heavy Manufacturing District
Sec. 106-220.2. - Permitted uses.
(B) The following uses are permitted by special exception in the HM Heavy
Manufacturing District, subject to all other applicable requirements contained in this chapter.
An asterisk (*) indicates that the use is subject to additional, modified or more stringent
standards as listed in Article III, Use and Design Standards.
6. Industrial Use Types
Brewery*
Industry Type III
Landfill, Construction Debris
Landfill, Rubble
5
Landfill, Sanitary
Resource Extraction
Scrap and Salvage Services
Sec. 106-220.3. - Site development regulations.
The following are general development standards for the HM Heavy Manufacturing
District. For additional, modified or more stringent standards see Article III, Use and Design
Standards.
(C) Maximum Height of Structures.
1. Principal Structures: 45 75 feet
2. Accessory Structures: The height of any accessory structure shall not exceed
the height of the principal structure on the lot. 75 feet
ARTICLE III USE AND DESIGN STANDARDS
SECTION 106-310. Commercial uses.
Sec. 106-310.19. - Microbreweries.
(A) General standards:
1. Such establishments shall include a tasting area, and may include restaurant,
retail, and live entertainment uses.
2. First floor frontage shall have at least 50% transparency from the street, and shall
be primarily occupied by non-industrial uses.
SECTION 106-312. Industrial uses.
Sec. 106-312.3. - Breweries.
(A) General standards:
1. Such establishments may also include restaurants, tasting rooms, and retail related
to the beverage being produced.
ARTICLE IV DEVELOPMENT STANDARDS
SECTION 106-404. Off-street parking requirements.
Sec. 106-404.17. - Minimum parking required.
6
(E) Commercial Use Types
Microbrewery Schedule B
(F) Industrial Use Types
Brewery Schedule B
ARTICLE VI DEFINITIONS AND USE TYPES
SECTION 106-602. Use types.
Sec. 106-602.9. - Commercial use types.
[The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:]
Athletic Instruction Services. Establishments primarily engaged in providing indoor
instruction and training in athletic sports that require high ceiling heights for the
activity. Typical uses include gymnastics academies, baseball and softball training
centers, tennis centers and golf centers.
Microbrewery. An establishment engaged in the production of beer with a significant
commercial component.
Sec. 106-602.11. - Industrial use types.
[The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:]
Brewery. An establishment primarily engaged in the production of beer for
distribution.
-- the roll call vote: all aye.
There being no further business to come before the Commission, the same on motion
adjourned at 7:27 p.m.
Executive Secretary
Chair
ITEM:
Voting Precinc t
SUBJECT:
Hold p ublic hearing and cons id er ordinanc e o n firs t read ing amend ing Chap ter 26, Artic le II, S ectio n 26-
38(b ), o f THE C ODE OF THE CITY OF SALEM, VIRGINIA, regard ing Prec inc t A o r Co nehurst
p recinct. (Advertis ed in the December 28, 2015, and January 4, 2016, issues o f T h e Roa n oke Times.)
ATTACHMENT S:
Des crip tion Type
Precinct Change Cover Memo
REVIEWER S:
Dep artment
Clerk of the Council
ITEM #-
DATE
AN ORDINANCE TO AMEND, REVISE, AND REORDAIN SECTION 26-38 (b), ARTICLE
II, CHAPTER 26, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO
PRECINCT A OR CONEHURST PRECINCT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, thAt
Section 26-38 (b), Article II, Chapter 26, of The Code of the City of Salem, Virginia, be
amended, revised, and reordained to read as follows:
CHAPTER 26
ELECTIONS
ARTICLE II. PRECINCTS; VOTING PLACES.
Section 26-38. Precinct A or Conehurst Precinct.
(b) Voting place. The voting place in Precinct A or Conehurst Precinct shall be and
thesameisherebyestablished,aslongasitisavailable,at@
een$rSalem Civic Center, 1001 Roanoke Boulevard.
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:
James L. Chisom -
William D. Jones -
Jane W. Johnson -
John C. Givens -
Byron Randolph Foley -
Passed:
Effective:
lsl
Mayor
ATTEST:
James E. Taliaferro, II
Clerk of Council
City of Salem, Virginia
SALE
Office of the City Clerk
NOTICE OF PUBLIC HEARING
A public hearing will be held before Salem City Council, in Council
Chambers, Salem City Hall, 114 North Broad Street, Salem, Virginia, on
January lL, 2016, at 7:30 p.m. to consider the following amendment to The Code
of the City of Salem, Virginia, pertaining to a change in voting places:
Section 26-38 (b) to change the voting place of
Precinct A or Conehurst Precinct from Lakeside Baptist
Worship Center, 447 Dalewood Avenue to the Salem
Civic Center, 1001 Roanoke Boulevard; and
Maps and other documents pertaining to these changes may be viewed in
the City Manager's Office, 114 North Broad Street, Salem, Virginia.
Interested parties may appear at the public hearing and be heard by City
Council.
CITY OF SALEM
James E. Taliaferro, II
Clerk of Salem City Council
TO BE PUBLISHED IN THE DECEMBER
ISSUES OF THE ROANOKE TIMES AND
CITY OF SALEM,
P. O. BOX 869, SALEM, VA 24153-0869.
28, 2075 AND JANUARY
SEND BILL TO: CLERK
4,2016,
OF COUNCIL,
Mary Ellen H Wines
Flom:
Sent:
lo:
Subject:
Please see following
Sharon E Pratt
Tuesday, December 01, 2015 2:17 PM
Mary Ellen H Wines
FW: Build Usage-Lakeside Baptist Church
From: Brenda Frankie Imailto:brenda@lbcva.com]
S€nt: Tuesday, December 01, 2015 9:59 AM
To: Sharon E Pratt <spratt@salemva.gov>
Sublect: Build Usage-Lakeside Baptist Church
Lakeside Baptist Church
447 Dalewood Avenue
Salem, VA 24153
December 1, 2015
Dear Ms. Pratt,
This letter is in regards to the future use of our church facilities. As infringements have increased on Christians, Christian
organizations and even churches, our board of trustees feel at this time we must only allow church members who align
themselves with our constitution including our doctrinal statement to use our facilities.
We are disappointed that the current climate in the United States has turned against those who would choose to follow
the Bible and long-standing Christian beliefs. We feel that it is necessary to protect our facilities, our members and our
pastors. We are saddened that we must take this course of action, but feel we have no other choice.
Hopefully the sentiment against Bible-believing Christians will change, but our legal counsel has steered us in this
direction for now.
Sincerely trying to please God and serve people,
A"t 1l^"*-
Senior Pastor
This e-mail message is for the sole use ofthe intended recipient(s) and may contain privileged and/o. confdential informalion. lf you are not the intended recipient,
please conlact the sender by reply e-mail and destroy all copies ofthe original message.
ITEM:
Conveyanc e o f P ro p erty
SUBJECT:
Hold p ublic hearing to cons id er the conveyanc e o f C ity of Salem real property des ignated as a 0.13405
acre trac t lo cated at 3733 Ellen Drive, Tax Map 055.10-03-47.00-0000, in the County o f Ro anoke.
(Advertised in the January 4, 2016, is s ue o f The R oanoke Times.)
ATTACHMENT S:
Des crip tion Type
3733 Ellen Drive Cover Memo
REVIEWER S:
Dep artment
Clerk of the Council
mM# (T)-
ssr.t'll')-LG
ProFrty Locrtion: 3733 ELLEN DR
Prrr.l ID: 055.1G03-47.00-0000
Mrgka.rLlDtarict: CATAWBA
Ac.outrt: 19298
C.rd I of I
Own.r N.nc rrd M.iling Addrt$l
SALEM CITY OF
xxxxxrco0ooooo(xxxxxxxxxx)o(xxxxxx)o(x
)o(xxxrcooooogxxxxxxxxrcoG xx 99999
Currcnt Propcrty Asscssmctrt 2015
Toltl Buildirg Vrtu.: 0
Totrl Lrnd V.luc: I l70O
Tottl Vrluc: 11700
NsrrrtiYc DBcription
This property cootahs I Lot of lard with a(n) N/A style building, Built about N/A, having primary N/A secondary N/A exterior and N/A roof
cover, N/A be&oom(s), N/A tull bah(s), N/A halfbath(s).
Jurildicaiol!:
L.grl Dcs.ription:
D.cdcd Acr.rgc:
Estim.a.d Acrt.gc:
Vrcrt!t Land:
I Lot
0.13405212 AC
YES
Propcrty Chmctcristics
COUNTY
WELL LT I BLK 2 ANDREW LEwlS PLACE
Nclghbortood: H006/ANDREWLEWISPLACE
Ccnrur Blotlc 5l1610303m3019
Lr[d Utc ProgrrE: NO
S.le Drte Sala Prica Lcsal Rafaranca
Salcs Informrtion
Most Rcccot Srlcs
S.lc! IX3criotiotr
1/1/'t900
'111/1900
P80000300036
DB00 10630727
PLAT
NEEDS REVIEW
't2t3t2015
--m
Propcrty Locrtion: 3733 ELLEN DR
Percel II): 055.10-03-47.00-0000
MegisterirlDistrict: CATAWBA
Account: 19298
Card I of I
SPlit: NO
Zonine Code
County-Rl
Action No:
Date:
Ordinance:
Name:
Zoning Informetion
Zonine Desciotion
County-R I /Low Densitv Residential
12t3t2015
Propertylocation: 3733 ELLEN DR
Perccl ID: 055.10-03-47.00-0000
MegistcrirlDistrict: CATAWBA
Account: 19298
Crrd I of I
Tax Map
12t312015
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lald p.rtn.r.htP 3 rnd.
$y.BnfAs, th. .rld Crondrr, by vtll d'c'd ADltl 28'
1948 and probrt.d Novrrbrr 10. 19rr, .nd Go ba lond rprad otr
Page 396 of lltll Eoob f,o. 4 of ttrr rocordr o! tlre Cbrkrr Offlcr
of th. clrcutt Cosst of th. Clt, o! 8e1o, Vlrtlnlr, dld drvtr
rnd beguotb r11 of htr ProP.agt, t.rl .od Perlotrl. !o hlr rtfr'
lcagrldc l{errbr1l Grord.r' .Ppolarlnt tc tft. th.crrtdl of il'
aatalat &d'
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rtf,EEBAg. drc Patll'cr o! Glr' !tra't P'rt hreG nor egpced
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holdhgr, both l..t rnil Prrroael, fororrly br1or81i8 tq' th' tfor'-
nro.d ptltncrshtp of Grco ald Crovdcr.
n6r, 'rriEnEtrcRB, ln conrlderltton of th' tuu of sct'EtTl
rf,ofrsArD DoIII$l (i?O.O0O.OO). P.ytbl' ar folloru: i10'000'00
crlh to B. Blt ooat Orca rad 910.000.00 G!!h to B'rt"tc' l{' Crordcrr '
the rec.tDc of rrtrtch ,.. hGr€b, lcknontrdgrd; rnd tout (6) notce
of cveo dtt6 h.!6tlth, rlth 61 inter"t th'tGm ' aro of rald
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to th. teld Orea end onc payablc Go th' tlld Crorrdcr 'nd thc
r.ollnin8 tto not.. ln the !t! of $15.000'00 rach ' fallltg duc
aro(2)yrarcfrood.t..nd9t,.blc.onetoth...ldoU.n.ndth.
odrca to ttr. rrl'd crot,d.8, rrtro. rl.ttr Gmarel t,.rrlnty .nd EoSulh
Cov.n8nt. of tlcl., do har.by conv'y utrto th' Clty of 3'16t'
vlrglnla th. rfor.d..crlbGd Lot tlo' 1, BIoGL 2' lccordlng to th'
ltip o! Andr.s LGrlt PLc., e plrt o! rhlch rubdtvtrlon it rGcord'd
,.n PllG Book 3. P.8. !5, o! tlrc rccordr of tht cl'!tc't olllcr o!
the ClrculE Coutg o! Boaook' Councr. Vlr8lnlr' lo8ethe tth r11
eh.lr tl8htt, tttla .nd ln!rt"!' ln rnd to th' Andr.t' Llttt'
tlatct lloakt, ,.oclu.iv.. bu! not ll'ilc'd to' !11 r't'r o'lnt '
ltma. oatcra. vllvat ' hyda'ntt. coEr'ccton' t t'wlcct' Plp"'
oalnc, vollr, r.11 houta!, Pt[Pt, 'tG" rlto rtv end ett oro-
uots and rtShtr of ray, drotlrcr acquirrd b' ! vrlttm llttaro"rC
o! by PtetcrlPttoE.
tll11[883 the follorlag t18n'6rr" and rcrlr thlt th'
E*, of liarch' 1977.
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STATE Otr YINGITIA
CIff OF SALB{, c9-rlc:
tte foregolag lnettucnc r't
soort1063 ncE729
rcknorlcdgcd bcforc uc tilr
lrlba"y of Harch, L977, by B' BLImOD OllBll end uARGAngl B'
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STATB OT WNCINIA
CITI Of SAIEU, to-ulE:
Ttrc foregotng lnrtnunc ra'rcknowlrdged bcforc nr thlr
PE dey of llarch, Lg77, by BBAIRICE t'l' CRrmDBn' rldor'
Hy cmlrrloa orPlr., ,4tfu"t zllefu
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SteU Td t- ln ttr' Clalr'r Ofrlcaff dr. Clrcdt oourt io? lh. Oounry ot Rolaokt Vr. thlt
cahrv Td s-- 4 6v d lhat- lg7/ lttt lnrlrumcnl war Dletcntcd. rndlhb lnrlrumcnl wor gretcntcd, rnd
dmittcd to rccord ll
rmr^&npo..d by prl. 58.+a tlC 58.54.1
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SALE
Office of the City Clerk
NOTICE OF PUBLIC HEARING
Notice is hereby given to all interested persons that the Council of the City
of Salem, at its regular meeting on January 11 , 2016, at 7:30 p.m., in Council
Chambers of the City Hall, ll4 North Broad Street, in the City of Salem, Virginia,
will hold a public hearing to consider the sale of a )3405212 acre tract located at
3733 Ellen Drive, Tax Map 05 5. I 0-03-47 .00-0000, in the County of Roanoke.
Questions concerning the proposed sale may be addressed to the Office of
the City Manager, City Hall, ll4 North Broad Street, Salem, Virginia, at 375-
3016.
At said hearing, parties in interest and citizens shall have an opportunity to
be heard relative to the said request.
TFIE COLNCIL OF THE
CITY OF SALEM, VIRGINIA
Jarr*t E,Tal;alynw, ll
James E. Taliaferro, II
Clerk of Salem City Council
PLEASE PUBLISH IN THE January 4,2016, ISSUE OF "THE ROANOKE
TIMES'' AND SEND STATEMENT TO:
CLERK OF COUNCIL
CITY OF SALEM
P. O. BOX 869
SALEM, YA24l53-0869.
ITEM:
Mas o n Creek Greenway
SUBJECT:
Cons id er awarding a c o ntract for d es ign of a p o rtion of the Mason Creek Greenway. (Aud it-F inance
Committee)
ATTACHMENT S:
Des crip tion Type
Mason Creek Cover Memo
REVIEWER S:
Dep artment
Clerk of the Council
ITEM #-
Onn l-ll-)r'itr'
The City has $344,000 in funding remaining from the Mason Creek (GE) Greenway and other
funds for the design and possibly some preliminary work on the stretch of greenway between
East Main Street and the southem end of the Hanging Rock Trail. (Please see aftached
drawing).
The estimated cost to design and buiH the 0.45 mile trail is $900,000. We have a proposed
mntracl with Anderson and Associates to design the trail segment lor $122,54Q. We would
like to bring this item to City Council at the January 11, 2016.
Also, we are actively seeking funding to fully fund this project.
lf you have any questions, please let me know.
Memo
To:
From:
CG:
Date:
Re:
City Council
Jay Taliafeno
Kevin Boggess
December 14, 2015
Mason Creek Greenway
Gityr of Salem
i
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ITEM:
Berglund Ford
SUBJECT:
Cons id er setting bond for ero s io n and s ed iment c ontrol meas ures and lands c aping fo r the Berglund Ford
Exp ansion pro jec t. (Audit-Financ e Co mmittee)
REVIEWER S:
Dep artment
City Attorney
ITEM:
fo o tno te
SUBJECT:
Audit Finance Committee, Monday, January 11, 2016, 8:00a.m., City Manager’s Conference
Room
Work Session, Monday, January 11, 2016, 6:30p.m., City Manager’s Conference Room
REVIEWER S:
Dep artment
City Attorney