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HomeMy WebLinkAbout8/28/2023 - City Council - Agenda -RegularCity Council Meeting AGENDA 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 2.New Business A.Discussion Items 1) Finalize City Manager recruitment profile with the Berkley Group 2) Discussion of Citizen Comment requests 3.Adjournment REGULAR SESSION 1.Call to Order 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 recognition of Constitution Week 2023. 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 10, 2023, Special Work Session, and the August 14, 2023, Work Session and Regular Meeting minutes C.Financial Reports Consider acceptance of the Statement of Revenues and Expenditures for the one month ending July 2023. 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, 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. 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 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 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 of Planning Commission minutes.) STAFF REPORT 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 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 ). 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). 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). H.Boards and Commissions Consider appointments to various boards and commissions. 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. 8.Adjournment F.Precinct J Polling Location Item #4B Date: 8/28/2023 City Council Special Meeting MINUTES Thursday, August 10, 2023, 1:00 PM Work Session - Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia 24153 1.Call to Order A.Roll Call A special work session was held in the Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, on August 10, 2023, at 1:00 p.m., there being present the following members of said Council, to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Council members: Byron Randolph Foley, William D. Jones, and H. Hunter Holliday; with Renée Ferris Turk, Mayor, presiding; together with Rob Light, Assistant City Manager and Clerk of Council; Karen Edmonds and Joe Paxton, Executive Managers with the Berkley Group. Mayor Turk reported that this date, place, and time had been set in order for the Council to hold a work session and called the meeting to order; and 2.New Business A.Discussion Items Work Session with the Berkley Group to discuss the executive search process for a new City Manager. 3.Adjournment There being no further business to come before the Council, the special work session was adjourned at 2:51 p.m. City Council Meeting MINUTES Monday, August 14, 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 AMENDED AGENDA 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 14, 2023, at 6:00 p.m., there being present the following members of said Council to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice- Mayor; Council members: Byron Randolph Foley (absent), 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; Chris Dadak, on behalf of Jim Guynn, City Attorney; Crystal Williams, Assistant to the City manager; and Laura Lea Harris, Deputy Clerk of Council; 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)Discussion of urban archery within the City Council reviewed a proposed ordinance for potential amendment to City Code pertaining to urban archery within the City. Discussion was held and questions responded to by staff and Counsel. Upon review by Council and legal counsel, Council members requested to add Item 6C to the agenda for the regular meeting this evening to consider adoption of ordinance on first reading. Staff was instructed to make any changes as noted to the ordinance to put it in final form prior to the second reading at the next meeting. (2)Amendment to Code related to Polling Locations Mr. Light reviewed that back in the fall the Electoral Board had requested that the polling locations for the Beverly Heights and West Salem Precincts be moved to the Civic Center due to the lack of another suitable location. In December 2022, Council voted to adopt a resolution authorizing the City Attorney to seek a waiver of the requirement that polling places be within one mile of the nearest boundary. Now, as a housekeeping item, Council needs to adopt an ordinance to amend Code so that the Precinct location for these two precincts reflects this change. Discussion was held and Council agreed that they wished to bring these ordinances to the next regular meeting to adopt both with one reading. 3.Adjournment There being no further business, Mayor Turk adjourned the meeting at 6:19 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; Councilmembers: Byron Randolph Foley (absent), 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; Clark Ruhland, Communications Specialist; and Chris Dadak, on behalf of Jim Guynn, City Attorney. . 2.Pledge of Allegiance Vice-Mayor Wallace motioned to add Item #6C to the agenda for this evening. This item is to consider the first reading of an ordinance to adopt Urban Archery Season for the City of Salem. Bill Jones seconded the motion. Aye: Holliday, Jones, Turk, Wallace Absent: Foley 3.Bid Openings, Awards, Recognitions There were none this evening. 4.Consent Agenda A.Citizen Comments Comments from the public, limited to five minutes, on matters not already having a public hearing component at the same meeting. John Breen, 142 Bogey Lane was the first citizen to address Council. He expressed concerns about Council Work Sessions and Code enforcement. Mr. Breen shared pictures with examples of Code violations. He made the following requests of Council: 1) Vote to make decisions for each citizen request to Council 2) Conduct Work Sessions the week between Council meeting and schedule when public can attend 3) Vote that the City Manager enforce the Code or detail what sections should not be enforced. 4) Vote that when the City Manager is requested to take an action a time certain for implementation or response is required. 5) Record Work Sessions 6) Establish Work Session agendas that include at least these items: A. Old Business 1. Work Session items not yet voted on or resolved 2. Administration requests or reports and updates B. New Business 1. Administration reports or requests 2. Third Party presentations (limited to 10 minutes) 3. Agenda additions for discussion and resolution Mark Nayden, 352 North Broad Street, expressed concerns to Council about volume and speed of traffic on North Broad Street. He also expressed concerns about potential rezoning and development at the Hope Tree Family Services property. He expressed concern about the potential strain on public services of water, sewer, electricity, and the school system. He requested transparency and dialogue regarding all property redevelopment. He acknowledged the difference between privately owned and City owned property but expressed his feeling that all discussion of all development in the City should be made public; especially when there was the potential to impact traffic, services, and property values. Mr. Nayden also requested that if impact studies for traffic and infrastructure had been done for this project, that they be made available to tax paying citizens of the City of Salem and to those in Roanoke County that were directly impacted. If these studies had not been done, he request ed that analysis of the proposed changes be done as well as a speed study between McClung Street and West Carrolton Avenue using an electronic speed monitor as soon as possible and prior to any rulings on rezoning and development being considered. Stella Reinhard, 213 North Broad Street, was the last citizen to address Council this evening. She expressed concerns about the proposed redevelopment and rezoning of the Hope Tree property. She noted examples of past development projects within the City of Salem in which she felt that communication between the City and residents had not been adequate. She asked that there be more opportunities for citizen input into proposed development and rezonings. She requested that the City communicate with citizens about proposed projects and that the citizens be allowed to have input on Hope Tree redevelopment. Specifically, she is requesting that consideration be given to keeping this as a greenspace to preserve the history of this land. She is requesting that it be used as a park with Equine Therapy continued in this location. Mrs. Reinhard provided a packet for Council’s review that included specific details, ideas for consideration, and concerns with this project. She requested that time be given to citizens to discuss and address issues of traffic, sewage, water drainage and other potential issues with proposed redevelopment. Mrs. Reinhard also asked that studies be done on this prior to approval of any rezoning/redevelopment by the City. Mayor Turk noted that she appreciated that Mrs. Reinhard pointed out the fact that the property was privately owned and that this limits what the City can demand. She said that we have options and that she wanted to make sure that Council was as open with the knowledge they have as possible. Mayor Turk commented that to her knowledge they had not submitted a plan of any sort to date as she had been checking on this. She requested that Mr. Light check on the status. Mr. Light confirmed that the City has not received a formal zoning amendment application from them at this point. Mayor Turk asked if the City has received any type of submission of any plans that they have at this point. She understood from Mr. Morris that this was still in the hands of the architect that had been hired. Mr. Light noted that we have received nothing formal for this project. The zoning code specifies the process, and that process does include a required meeting with City staff. They do meet with City staff as with any rezoning to receive feedback and may have in the process documents that they go through; however, the City has not received an application to go through as staff. Any application would go to the Planning Commission first for analysis, review, and a public hearing and then ultimately to Council for review, analysis, and a public hearing. We do not have documents from them at this point. Mayor Turk reviewed the process and noted that once they submit something to the City, the submission would be initially made specifically to Planning in the Community Development Department. If Community Development sees issues with what has been submitted, they would inform them of that according to current City Code. They would be informed and required to make changes to continue. Mr. Light confirmed that this was correct. Mayor Turk requested that Council be notified once the City does receive a submission so that they and Planning Commission are aware of it once something comes through. Mayor Turk also commented that Council had been able to attend some of the public meetings that were spoken of by Mrs. Reinhard. Mr. Holliday shared that the public meetings were held before he came onto Council but that he had met with Mr. Morris personally. Mr. Jones noted that he attended four of five meetings that were held by Hope Tree. Mayor Turk stated that Council understands her concerns and that they are looking to see what is being proposed for the property. Mrs. Reinhard shared that a map was included at the end of the packet of information that she had shared with Council. She expressed concern at the number of housing units that were being proposed as Mr. Morris talked about three hundred or more houses when she met with him about three and a half months ago. Mr. Jones and Mayor Turk noted that they had not heard anything at the meetings that included plans for three hundred or more houses. Another citizen in the audience shared that she had met with Mr. Morris and that he had spoken with her of plans for this number as well. Mr. Jones restated that this was the first he had heard of that. He noted that there were a lot of different conceptions at each one of the meetings that were done to get input from people around the Baptist Home. That was the purpose of the meetings. A citizen asked if the public was invited. Mr. Jones responded that Hope Tree was responsible for that, and Council was just invited to attend and that was over a year ago. Council was asked if the public had been invited. Mr. Jones responded that Council did not have any control over that. Another citizen asked if any notifications had been put up on the City website. Mayor Turk responded that nothing had been decided so there would not be anything to post on the website unless there was some type of connection to the City and that there were not normally announcements put on the website about developments. Mr. Jones commented that until it came to Council, it does not become a matter of record that they can share. Mrs. Reinhard added that Mr. Morris had told her that the City of Salem was working with them on utilities and services normally done for developments. Mr. Jones noted that he had just spoken with Mr. Van Allman at the end of last week and that nothing had been received and this is a ll conceptual at this point. Council thanked the citizens for coming this evening and for their input. B. Minutes Consider acceptance of the June 21, 2023, Special Meeting Work Session and the June 26, 2023, Work Session and Regular Meeting minutes. The minutes were approved as written. 5. Old Business A. Amendment to the Zoning Ordinance Consider ordinance on second reading for the request of Brittany M. Haddox, contract purchaser, and Juilliard Enterprises, LLC, property owner, for rezoning the property of 1201- 1203 Texas Street (Tax Map # 149 - 1 - 1.1) from HBD, Highway Business District with conditions to HBD, Highway Business District without conditions. (Approved on first reading at the July 24, 2023, meeting.) William Jones motioned to adopt ordinance on second reading for the request of Brittany M. Haddox, contract purchaser, and Juilliard Enterprises, LLC, property owner, for rezoning the property of 1201-1203 Texas Street (Tax Map # 149 - 1 - 1.1) from HBD, Highway Business District with conditions to HBD, Highway Business District without conditions . H. Hunter Holliday seconded the motion. Ayes: Holliday, Jones, Turk, Wallace Absent: Foley 6. New Business A. Resolution Salem Museum Consider adoption of resolution 1458 in support of the Virginia America 250 Commission and their efforts to commemorate the 250th anniversary of Virginia’s participation in American independence. Mr. Light explained that this was created by the 2020 General Assembly and that basically the Commission requested that each locality form a committee to aid in planning for the commemoration period. This gives Council’s support for the Commission and their efforts to commemorate the 250 th anniversary of American independence and that the City will form a committee as requested. He also gave further background on the committee. The committee will be formed including representatives from the Salem Museum and other historical groups. They will plan events in Salem and will coordinate with Roanoke City, Roanoke County, Botetourt, and Virginia’s Blue Ridge to try to maximize attendance at these events. Mayor Turk noted that this puts us in line for any grants by supporting this resolution. Mr. Light responded that there could be potential grants availab le. He had spoken with Mr. Harveycutter and if there were matches available, there could be some potential funding. William Jones motioned to adopt Resolution 1458 in support of Virginia American 250 Commission. H. Hunter Holliday seconded the motion. Ayes: Holliday, Jones, Turk, Wallace Absent: Foley B. Boards and Commissions Consider appointments to various boards and commissions. James Wallace motioned to reappoint Jackson Beamer for a four-year term ending August 28, 2027, to the Planning Commission and NPDES Citizens’ Committee and to reappoint Skip Lautenschlager for a three-year term ending September 26, 2026, to the Roanoke Valley Greenway Commission. William Jones seconded the motion. Ayes: Holliday, Jones, Turk, Wallace Absent: Foley C. Urban Archery Ordinance Consider request to adopt Urban Archery Ordinance. SUPPLEMENTAL ITEM Mayor Turk stated that Item 6C is the item that was added to the amended agenda. She asked Mr. Dadak, attending for Mr. Guynn, the City Attorney this evening, for some background on this particular subject. Mr. Dadak explained that this is a zoning ordinance to allow for a specific urban archery season that is provided for in the Virginia Code. This adds time in September and in January through March. This would bring the City in line with other cities, counties, and towns that have adopted this. Roanoke County, Lynchburg, Amherst, Bedford, Blacksburg, and a number of other localities have adopted this. This brings us in line with the Code and the Virginia Department of Forestry and Wildlife Resources. This provides for the conditions and requirements for hunting within the City limits for bow and arrow for deer. James Wallace motioned to adopt Urban Archery Ordinance. William Jones seconded the motion. Ayes: Holliday, Jones, Turk, Wallace Absent: Foley 7. Adjournment Mr. Jones noted that there had been two major electrical outages this past Friday that were major due to an unfortunate accident at Carter Machinery and there was also at the same time a smaller one in South Salem. He applauded A.K. Briele that he was out fixing one of the outages himself. He commended A.K. for the leadership that he shows in his job and his love for Salem. He wanted people to know that the City’s electricity is in great hands when A.K. Briele is the head of it. All of the Council members agreed and expressed appreciation. Mayor Turk also noted that he was also a lifesaver at the Red Sox game on Saturday when they were without power for a period of time. She noted what an asset he was to the City. The meeting was adjourned at 6:58 p.m. Schedule A Current Year Current Year % of Prior Year Budget Year to Date Budget Year to Date Variance Revenues: Beginning Balance 7-1-23 6,628,261$ -$ 0%-$ -$ General Property Taxes 47,435,126 932,806 2%560,391 372,415 Other Local Taxes 27,410,800 273,702 1%292,941 (19,239) Permits and Licenses 356,740 23,322 7%16,262 7,060 Fines and Forfeitures 119,000 280 0%350 (70) Revenue from Use of Money and Property 5,332,180 466,919 9%8,292 458,627 Charges for Services 3,672,626 356,999 10%344,039 12,960 Payment in Lieu of Taxes from Electric Fund 3,160,000 - 0%- - Payment in Lieu of Taxes from Water Fund 145,395 11,721 8%11,191 530 Miscellaneous Revenue 582,500 60,714 10%26,247 34,467 Non-Categorical Aid 3,690,450 109 0%- 109 Shared Expenses 1,711,395 - 0%- - Categorical Aid 9,200,427 64,281 1%50,151 14,130 Transfer From Other Funds 5,396,700 1,202,456 22%812,078 390,378 Total Revenues 114,841,600 3,393,309 3%2,121,942 1,271,367 Expenditures: General Government 9,971,018 798,965 8%1,157,531 (358,566) Judicial Administration 3,154,006 318,154 10%274,902 43,252 Public Safety 25,731,384 2,478,530 10%2,235,220 243,310 Public Works 14,015,681 776,360 6%823,251 (46,891) Health and Welfare 6,492,410 400,328 6%72,446 327,882 Education 25,651,617 2,402,680 9%2,307,015 95,665 Parks, Recreation and Cultural 8,664,272 570,489 7%718,354 (147,865) Community Development 3,408,832 341,037 10%359,267 (18,230) Non-Departmental 16,654,238 4,800,744 29%13,134,982 (8,334,238) Contingency 1,098,142 - 0%- - Total Expenditures 114,841,600 12,887,287 11%21,082,968 (8,195,681) Revenues Over/(Under) Expenditures -$ (9,493,978)$ (18,961,026)$ 9,467,048$ City of Salem, Virginia General Fund Statement of Revenues and Expenditures For One Month Ending July 31, 2023 Item #4C Date: 8/28/2023 Schedule B - 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 400,000.00 450,000.00 500,000.00 550,000.00 600,000.00 650,000.00 700,000.00 750,000.00 800,000.00 850,000.00 900,000.00 950,000.00 1,000,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Sales Tax Summary For Fiscal Years 2021 -2024 FY 2021 FY 2022 FY 2023 FY 2024 Schedule C 50,000.00 100,000.00 150,000.00 200,000.00 250,000.00 300,000.00 350,000.00 400,000.00 450,000.00 500,000.00 550,000.00 600,000.00 650,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Meals Tax Summary For Fiscal Years 2021 -2024 FY2021 FY2022 FY2023 FY2024 Schedule D - 25,000.00 50,000.00 75,000.00 100,000.00 125,000.00 150,000.00 175,000.00 200,000.00 225,000.00 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Lodging Tax Summary For Fiscal Years 2021 -2024 FY2021 FY2022 FY2023 FY2024 City of Salem, Virginia Special Revenue Fund Statement of Revenues and Expenditures For Period Ending July 31, 2023 Schedule E Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2023 -$ Revenues: American Rescue Plan Act Funding 4,914,423$ 4,914,423$ -$ 4,914,423$ -$ -$ American Rescue Plan Act Funding-NEU 26,250,208 22,133,520 - 22,133,520 4,116,688 1,202,456 ARPA - VA Tourism Recovery Program 70,000 34,140 - 34,140 35,860 2,895 ARPA - Sports Marketing Incentive Program 5,500 5,500 - 5,500 - - ARPA - Law Enforcement Grant Program 215,000 - - - 215,000 - Total Revenues 31,455,131 27,087,583 - 27,087,583 4,367,548 1,205,351 Expenditures: Tourism Initiative 4,000 4,000 - 4,000 - - VA Tourism Recovery Program 70,000 34,140 - 34,140 35,860 2,895 Sports Marketing Incentive Program 5,500 5,500 - 5,500 - - Law Enforcement Grant Program 215,000 121,502 - 121,502 93,498 121,502 Transfer to General Fund 31,160,631 27,043,943 - 27,043,943 4,116,688 1,202,456 Total Expenditures 31,455,131$ 27,209,085$ -$ 27,209,085$ 4,246,046$ 1,326,853 Fund Balance, July 31, 2023 (121,502)$ City of Salem, Virginia Debt Outstanding For Period Ending July 31, 2023 Schedule F Balance Principal Balance 7/1/2023 Issuances Payments 7/31/2023 City Debt Outstanding 2011 Union First Market Refunding Bonds 379,962$ -$ -$ 379,962$ 2013 Public Improvement Bonds 977,550 - (89,425) 888,125 2016B Public Improvement Bonds 441,146 - - 441,146 2019 Public Improvement Bonds 4,273,000 - - 4,273,000 2020 Public Improvement Bonds 1,935,000 - - 1,935,000 2020 Public Improvement Refunding Bonds 4,703,652 - - 4,703,652 2021 Public Improvement Refunding Bonds 1,166,000 - - 1,166,000 2022B Public Improvement Bonds 14,491,000 - - 14,491,000 Total City Debt Outstanding 28,367,310 - (89,425) 28,277,885 School Debt Outstanding 2011 Union First Market Refunding Bonds 665,038 - - 665,038 2012A Public Improvement Bonds 4,772,500 - - 4,772,500 2013 Public Improvement Bonds 3,012,450 - (275,575) 2,736,875 2020 Public Improvement Bonds 23,565,000 - - 23,565,000 Total School Debt Outstanding 32,014,988 - (275,575) 31,739,413 Total Debt Outstanding 60,382,298$ -$ (365,000)$ 60,017,298$ City of Salem, Virginia Capital Projects Fund Statement of Revenues and Expenditures For Period Ending July 31, 2023 Schedule G Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2023 23,826,781$ Revenues: Federal Grants 12,009,855$ 1,558,295$ -$ 1,558,295$ 10,451,560$ -$ State Grants 17,515,640 1,615,883 - 1,615,883 15,899,757 - Proceeds From Debt Issuance 43,719,067 43,719,064 - 43,719,064 3 - Interest Income 689,411 731,510 - 731,510 (42,099) 42,102 Transfer From General Fund 23,460,139 23,085,365 - 23,085,365 374,774 3,230,102 Total Revenues 97,394,112 70,710,117 - 70,710,117 26,683,995 3,272,204 Expenditures: Next Generation 911 378,493 187,161 30,609 217,770 160,723 - Fire Station #2 Renovations 432,000 9,019 - 9,019 422,981 2,786 Fire Station #2 Storage Building 515,000 - - - 515,000 - Fire Station #1 Renovations 545,000 - - - 545,000 - Fire Station #3 Renovations 378,000 - - - 378,000 - Colorado St Bridge Replacement 11,778,826 797,606 5,645,253 6,442,859 5,335,967 - Apperson Drive Bridge Replacement 9,784,451 748,003 44,185 792,188 8,992,263 - Street Department Equipment 2020 1,225,727 1,225,726 - 1,225,726 1 - Jury Room Expansion 400,000 32,233 6,588 38,821 361,179 - Apperson Drive Bridge Repairs #1800 682,432 - - - 682,432 - Hanging Rock Battlefield Phase 2 1,420,310 1,431,144 22,009 1,453,153 (32,843) - Western Roanoke River Greenway 50,000 1,500 - 1,500 48,500 - Elizabeth Campus Greenway 1,104,400 158,378 39,970 198,348 906,052 - Longwood Park Restroom Replacement 139,504 139,504 - 139,504 - - Kiwanis Roof/Infrastructure Renovations 344,911 344,908 - 344,908 3 - Moyer Sports Complex Renovation 27,922,667 10,017,857 14,229,307 24,247,164 3,675,503 - Mason Creek Greenway Phase 3 2,610,681 173,266 303,868 477,134 2,133,547 - Library Flooring Replacement 190,000 - - - 190,000 - Library Co-working Space 155,000 - - - 155,000 - Civic Center East/West Fields Restroom 220,000 - 221,070 221,070 (1,070) - Longwood Park Restroom Replacement #2 180,000 - 129,261 129,261 50,739 - Civic Center West Field Lighting Upgrades 250,000 - - - 250,000 - Kiwanis Park Wall Pads 110,000 - - - 110,000 - Library Lawn Special Events Space 500,000 - - - 500,000 - Flood Mitigation-CFPF 78,962 9,275 69,687 78,962 - - Downtown Impr - E Main St/Union St 2,504,140 1,917,126 453,673 2,370,799 133,341 - Downtown Impr - E Main St/Market St 3,629,869 206,063 9,269 215,332 3,414,537 - Downtown Impr - E Main St/White Oak 2,311,825 16,280 45,650 61,930 2,249,895 - Capital Projects Local Reserve 67,811 - - - 67,811 - Downtown Improvements Reserve 90,350 - - - 90,350 - City of Salem, Virginia Capital Projects Fund Statement of Revenues and Expenditures For Period Ending July 31, 2023 Schedule G Project Total Available Year To Budget To Date Encumbrances Project Balance Date Excess Local Funding Reserve 393,753 - - - 393,753 - Transfer to Schools-2020 Bonds 27,000,000 26,198,869 - 26,198,869 801,131 - Total Expenditures 97,394,112$ 43,613,918$ 21,250,399$ 64,864,317$ 32,529,795$ 2,786 Fund Balance, July 31, 2023 27,096,199$ Schedule H Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Sale of Power 46,790,745$ 3,487,282$ 7%3,975,504$ (488,222)$ Other Electric Revenue 648,741 41,329 6%39,424 1,905 Reserve for Encumbrances 1,707,820 - 0%- - Appropriated from Net Position 3,300,000 - 0%- - Total Operating Revenues 52,447,306 3,528,611 7%4,014,928 (486,317) . Operating Expenses Other Power Generation - Operation 150,000 7,066 5%16,144 (9,078) Other Power Generation - Maintenance 73,846 - 0%- - Purchased Power 28,030,000 2,778,578 10%2,441,017 337,561 Transmission - Operation 9,736,000 859,311 9%765,320 93,991 Transmission - Maintenance 41,339 249 1%240 9 Distribution - Operations 1,142,527 88,626 8%80,233 8,393 Distribution - Maintenance 1,541,782 108,265 7%110,075 (1,810) Customer Service 662,562 42,979 6%62,119 (19,140) Administration & General - Operation 2,635,623 (43,668) -2%116,505 (160,173) Administration & General - Maintenance 239,359 74,840 31%65,809 9,031 Depreciation - 118,748 0%114,347 4,401 Capital 4,503,917 113,279 3%106,727 6,552 Contingency 530,351 - 0%- - Total Operating Expenses 49,287,306 4,148,273 8%3,878,536 269,737 Income (loss) Before Transfers 3,160,000 (619,662) 136,392 (756,054) Transfers (Payment in Lieu of Taxes)(3,160,000) - 0%- - Income (loss)-$ (619,662)$ 136,392$ (756,054)$ Income (loss)-$ (1,239,324)$ 272,784$ (1,512,108)$ City of Salem, Virginia Electric Fund Statement of Operations For One Month Ending July 31, 2023 Schedule I Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 7,400,000$ 617,865$ 8%670,540$ (52,675)$ Other Revenue 458,220 24,826 5%32,216 (7,390) Reserve for Encumbrances 804,694 - 0%- - Appropriated from Net Position 300,000 - 0%- - Total Operating Revenues 8,962,914 642,691 7%702,756 (60,065) . Operating Expenses Salaries of Personnel 986,455 74,533 8%105,960 (31,427) Fringe Benefits 465,075 35,490 8%36,093 (603) Contractual Services 729,293 28,260 4%44,858 (16,598) Printing and Binding 2,500 24 1%- 24 Advertising 1,000 - 0%- - Utilities 421,200 31,679 8%32,173 (494) Communications 5,800 308 5%95 213 Insurance 38,000 1,786 5%5,893 (4,107) Travel and Training 9,800 603 6%166 437 Miscellaneous 65,730 31,606 48%31,792 (186) Materials and Supplies 317,076 65,947 21%12,324 53,623 Depreciation - 71,255 0%71,222 33 Capital 474,891 - 0%123,168 (123,168) Contingency 155,423 - 0%- - Total Production Expenses 3,672,243 341,491 9%463,744 (122,253) Salaries of Personnel 750,853 43,399 6%53,266 (9,867) Fringe Benefits 361,704 20,803 6%18,939 1,864 Contractual Services 904,009 56,511 6%45,681 10,830 Communications 4,950 324 7%127 197 Insurance 32,000 - 0%- - Lease/Rent of Equipment 2,000 - 0%152 (152) Travel and Training 8,300 - 0%- - Miscellaneous 30,530 2,799 9%2,769 30 Miscellaneous Credits (255,000) (18,551) 7%(21,799) 3,248 Materials and Supplies 157,374 23,026 15%15,403 7,623 Depreciation - 9,085 0%9,035 50 Capital 1,554,536 6,813 0%17,050 (10,237) Interest Obligations 1,594,020 (41,886) -3%(51,363) 9,477 Total Distribution Expenses 5,145,276 102,323 2%89,260 13,063 Income (loss) Before Transfers 145,395 198,877 149,752 49,125 Transfers (Payment in Lieu of taxes)(145,395)(11,721) 8%(11,191) (530) Income (loss)-$ 187,156$ 138,561$ 48,595$ - Production Distribution City of Salem, Virginia Water Fund Statement of Operations For One Month Ending July 31, 2023 Schedule J Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 6,997,000$ 573,718$ 8%605,501$ (31,783)$ Other Revenue 149,000 7,844 5%10,106 (2,262) Reserve for Encumbrances 805,002 - 0%- - Total Operating Revenues 7,951,002 581,562 7%615,607 (34,045) . Operating Expenses Salaries of Personnel 853,377 58,452 7%81,167 (22,715) Fringe Benefits 402,342 29,517 7%28,639 878 Contractual Services 3,660,384 201,973 6%224,249 (22,276) Printing and Binding 1,500 127 8%- 127 Advertising 1,500 - 0%- - Utilities 4,500 323 7%370 (47) Communications 14,850 1,039 7%219 820 Insurance 18,500 - 0%- - Lease/Rent of Equipment 3,000 - 0%152 (152) Travel and Training 12,000 - 0%495 (495) Miscellaneous 39,030 2,552 7%2,396 156 Miscellaneous Credits (325,000) (15,629) 5%(8,875) (6,754) Materials and Supplies 86,289 6,360 7%7,391 (1,031) Depreciation - 114,240 0%114,300 (60) Capital 1,367,415 3,726 0%7,220 (3,494) Interest Obligations 1,666,581 (32,574) -2%(24,573) (8,001) Contingency 144,734 - 0%- - Total Operating Expenses 7,951,002 370,106 5%433,150 (63,044) Income (loss) before Transfers - 211,456 182,457 28,999 Income (loss)-$ 211,456$ 182,457$ 28,999$ City of Salem, Virginia Sewer Fund Statement of Operations For One Month Ending July 31, 2023 Schedule K Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Shows/rentals 359,850$ 14,185$ 4%9,600$ 4,585$ Box office shows 1,500,000 18,565 1%533,810 (515,245) Catering and concessions - 615 0%22,389 (21,774) Merchandise and commissions 177,500 9,816 6%7,496 2,320 Static advertising 55,000 5,875 11%5,875 - Miscellaneous income 15,000 272 2%1 271 Salem Fair 603,000 569,729 94%458,398 111,331 Reserve for encumbrances 309,197 - 0%- - Appropriated from Net Position 50,500 - 0%- - Total Operating Revenues 3,070,047 619,057 20%1,037,569 (418,512) Operating Expenses Salaries of personnel 1,421,099 194,602 14%228,386 (33,784) Fringe benefits 571,127 45,600 8%45,470 130 Maintenance and contractual services 237,134 15,192 6%20,637 (5,445) Printing and binding 500 - 0%- - Advertising 23,000 800 3%1,112 (312) Utilities 295,000 28,713 10%41,676 (12,963) Communications 13,900 739 5%463 276 Insurance 28,500 - 0%- - Leases and Rentals 3,200 - 0%- - Travel and training 8,150 1,586 19%- 1,586 Miscellaneous 99,268 13,740 14%15,090 (1,350) Show expense 1,296,992 13,900 1%458,806 (444,906) Fair expense 546,100 459,389 84%510,735 (51,346) Materials and supplies 81,500 3,165 4%3,506 (341) Capital 1,093,563 100,950 9%- 100,950 Depreciation - 22,797 0%23,090 (293) Total Operating Expenses 5,719,033 901,173 16%1,348,971 (447,798) Income (loss) Before Transfers (2,648,986)(282,116) (311,402)29,286 Transfers 2,648,986 154,249 6%134,097 20,152 Income (loss)-$ (127,867)$ (177,305)$ 49,438$ 0.00 City of Salem, Virginia Salem Civic Center Statement of Operations For One Month Ending July 31, 2023 Schedule L Operating Revenues: Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Catering 516,682$ 48,607$ 9%80,822$ (32,215)$ Concessions 137,833 1,261 1%8,758 (7,497) Moyer Concessions 25,000 - 0%- - Salem High Concessions 6,606 - 0%- - Total Operating Revenues 686,121 49,868 7%89,580 (39,712) . Operating Expenses: Salaries of personnel 289,671 22,839 8%28,277 (5,438) Fringe benefits 111,668 8,111 7%5,891 2,220 Contractual services 9,465 417 4%1,871 (1,454) Printing and binding 300 - 0%- - Laundry and Cleaning 2,500 - 0%- - Communications 200 14 7%13 1 Insurance 1,800 - 0%- - Miscellaneous 19,216 3,659 19%24,512 (20,853) Materials and supplies 203,081 13,555 7%2,608 10,947 Capital 60,000 - 0%- - Depreciation - 365 0%365 - Total Catering Expenses 697,901 48,960 7%63,537 (14,577) Salaries of Personnel 53,832 5,661 11%2,511 3,150 Fringe Benefits 18,808 550 3%407 143 Contractual services 4,000 - 0%1,200 (1,200) Miscellaneous 150 (14) -9%21,106 (21,120) Materials and Supplies 27,500 1,250 5%27 1,223 Total Concessions Expenses 104,290 7,447 7%25,251 (17,804) Salaries of Personnel 9,745 - 0%- - Fringe Benefits 4,484 - 0%- - Contractual services 2,500 208 8%- 208 Materials and Supplies 13,329 - 0%- - Total Moyer Expenses 30,058 208 1%- 208 Salaries of Personnel 2,272 - 0%- - Fringe Benefits 209 - 0%- - Materials and Supplies 1,807 - 0%- - Total Salem High Expenses 4,288 - 0%- - Income (loss) Before Transfers (150,416)(6,747)792 (7,539) Transfers 150,416 - 0%- - Income (loss)-$ (6,747)$ 792$ (7,539)$ Moyer Concessions Salem High Concessions City of Salem, Virginia Salem Catering and Concessions Statement of Operations For One Month Ending July 31, 2023 Catering Concessions City of Salem, Virginia Water and Sewer Capital Fund Statement of Revenues and Expenditures For Period Ending July 31, 2023 Schedule M Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2023 10,218,902$ Revenues: Transfer From General Fund 9,456,916$ 11,421,359$ -$ 11,421,359$ (1,964,443)$ 1,202,457$ Total Revenues 9,456,916 11,421,359 - 11,421,359 (1,964,443) 1,202,457 Expenditures: North Salem Water Improvements 2,081,916 - - - 2,081,916 - Roanoke River Upper Sewer Rehab 7,000,000 - - - 7,000,000 - W iley Ct Sewer Improvements 375,000 - - - 375,000 - Total Expenditures 9,456,916$ -$ -$ -$ 9,456,916$ - Fund Balance, July 31, 2023 11,421,359$ Schedule N * Subject to Final Audit Budget Current Year Year to Date Percent to Date Prior Year Year to Date Variance Beginning Net Position -$ 6,036,231$ 6,222,030$ (185,799)$ Revenue Premiums Paid - City 5,562,500 5,637,646 101% 5,236,808 400,838 Premiums Paid - School 4,687,000 4,841,947 103% 4,508,935 333,012 Premiums Paid - Retirees 798,000 738,501 93% 780,727 (42,226) Dental Premiums Paid 602,550 582,387 97% 592,216 (9,829) Interest Earnings 23,000 330,222 1436% 22,828 307,394 Miscellaneous 5,000 5,060 101% 5,826 (766) Total Year to Date Revenues 11,678,050 12,135,763 104% 11,147,340 988,423 Expenses Health Claims 10,505,991 9,282,168 88% 10,257,341 (975,173) Dental Claims 602,550 511,769 85% 534,284 (22,515) Employee Health Clinic 469,311 433,854 92% 454,092 (20,238) Consulting Services 95,348 97,156 102% 83,605 13,551 Miscellaneous 4,850 3,891 80% 3,817 74 Total Year to Date Expenses 11,678,050 10,328,838 88% 11,333,139 (1,004,301) Ending Net Position -$ 7,843,156$ 6,036,231$ 1,806,925$ City of Salem, Virginia Health Insurance Fund Statement of Revenues and Expenses For Twelve Months Ending June 30, 2023 City of Salem, Virginia Schedule of Deposits and Investments For Period Ending July 31, 2023 Schedule O FV as a Cash Value Net Change Fair Value % of 7/31/2023 in Fair Value 7/31/2023 Portfolio Demand & Time Deposits Concentration Account 61,664,350$ -$ 61,664,350$ 35.0% Payroll Account 10,133 - 10,133 0.0% Revenue Recovery Account 4,882 - 4,882 0.0% Utility Billing Account 57,008 - 57,008 0.0% Box Office Account 1,266,245 - 1,266,245 0.7% Held as Fiscal Agent of: Cardinal Academy 986,013 - 986,013 0.6% Court Community Corrections 1,686,338 - 1,686,338 1.0% Held on Behalf of: Economic Development Authority 479,364 - 479,364 0.3% Total Demand & Time Deposits 66,154,333 - 66,154,333 37.6% Investments Local Government Investment Pool (LGIP) 102,617,757 - 102,617,757 58.1% VA State Non-Arbitrage Program (SNAP) 7,394,208 - 7,394,208 4.2% Held on Behalf of: Economic Development Authority LGIP 141,476 - 141,476 0.1% Total Investments 110,153,441 - 110,153,441 62.4% Total Deposits and Investments 176,307,774$ -$ 176,307,774$ 100.0% Item # 5A Date: 8/28/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: August 28, 2023 AGENDA ITEM: 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, 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. SUBMITTED BY: Jim Guynn, City Attorney SUMMARY OF INFORMATION: At the August 14, 2023, Work Session; Chris Dadak; with Guynn, Waddell, P.C.; presented to Council information on urban archery including background information on urban archery deer season, general restrictions for all participating localities, and restrictions and other information specific to surrounding participating localities. A proposed ordinance was presented for Council’s consideration. Council amended their regular meeting agenda and added this as a supplemental item to their agenda for that evening to vote on the first reading of this proposed ordinance. The Virginia Department of Game and Inland Fisheries (VADGIF) established an urban archery season during 2002 to assist towns and cities across the Commonwealth with urban deer management issues. The urban archery season gives localities a means to reduce deer populations within their limits while at the same time providing hunting recreation. The regulation that establishes this season is permissive, and the season is available to every incorporated city and town in Virginia and to every county with a human population density of three hundred (300) persons per square mile or more. The proposed ordinance authorizes urban archery hunting of deer, pursuant to the enabling legislation of Va. Code § 29.1 -528.1 and applicable DGIF regulations. The proposed ordinance permits the hunting of deer by licensed hunters within the City with bows during applicable hunting seasons designated by the Virginia Department of Game and Inland Fisheries. All such hunting activities would be subject to the conditions previously recommended by staff and incorporated into the proposed ordinance at the direction of Council. The violation of any provision of the ordinance would constitute a Class 3 misdemeanor. Additionally, the ordinance updates the City Code to conform with applicable state law authorizing the adoption of certain prohibitions on the use of bows within the City. FISCAL IMPACT: STAFF RECOMMENDATION: Staff recommends that Council consider this item on second reading. {00519924.DOCX } AN ORDINANCE TO ADOPT SECTION 14-4 “HUNTING DEER DURING URBAN ARCHERY SEASON” OF ARTICLE 1 “IN GENERAL” OF CHAPTER 14 “ANIMALS” OF THE CODE OF THE CITY OF SALEM, VA WHEREAS, the deer population has increased in the limits of the City of Salem; and WHEREAS, deer in the City are causing damage to maintenance and preservation of property by citizens of the City; and WHEREAS, the Council of the City of Salem has determined that enacting an urban archery season for the harvest of deer in the City of Salem. NOW THEREFORE BE IT ORDAINED by the Council of the City of Salem that the Council adopts Section 14-4 “Hunting Deer During Urban Archery Season” OF ARTICLE 1 “In General” OF CHAPTER 14 “Animals” Of the Code of the City of Salem, Virginia: No person shall hunt with a bow within the city, except deer may be hunted with bows within the city in accordance with this subsection. Any such hunting activity shall be subject to the following conditions: 1.Archery deer hunting is permitted within the city limits by licensed hunters during an approved state department of game and inland fisheries urban archery season. In addition to the urban archery season, archery deer hunting is also allowed during the early archery deer season, the general firearms deer season, and the late archery deer season. Licensed archery deer hunters must abide by all applicable sections of the state code and state hunting regulations (including bag limits and tagging/checking requirements). It shall be unlawful and a Class 4 misdemeanor for any person, while hunting deer during the city's archery season, to violate any of the following additional city restrictions: 2.For the purposes of this section, "bow" includes all compound bows, crossbows, slingbows, longbows, and recurve bows having a peak draw weight of ten pounds or more. The term "bow" does not include bows that have a peak draw weight of less than ten pounds or that are designed or intended to be used principally as toys. The term {00519924.DOCX } "arrow" means a shaftlike projectile intended to be shot from a bow. “Bolt” means shaftlike projectile intended to be shot from a crossbow. 3. No person shall discharge an arrow from a bow in a manner that can be reasonably expected to result in the impact of the arrow upon the property of another without th e written permission from the owner or tenant of such property. The discharge of an arrow across or over the boundaries of a property for which no permission has been given by the property owner shall create a rebuttable presumption that the use of the bow was not conducted with reasonable care. 4. Discharge of an arrow is permitted only in order to take a deer. No discharge of an arrow shall be made toward any person, any animal other than a deer, and structure or any vehicle in such a manner as the arrow may strike such person, animal, structure, or vehicle. 5. No person shall discharge an arrow from a bow from, over, across or into any street, sidewalk, alley, roadway, public land or public place, or towards any building or dwelling in such a manner that the arrow may strike such building or dwelling. 6. Hunters shall abide by all applicable provisions of state law and state hunting regulations, including but not limited to licensing requirements. 7. Hunting with bows is permitted only in areas within the city in accordance with the provisions of this ordinance. 8. It is unlawful to hunt except from an elevated position at a minimum of ten feet above the ground. 9. A hunter must obtain written permission from the owner or tenant of the property on which hunting activity is to take place before hunting and shall carry a copy of the written permission and a copy of the hunting permit issued to the hunter at all times while hunting. 10. No person shall discharge an arrow from a bow within 100 feet of a building, dwelling, street, sidewalk, alley, roadway, public land, or public place. 11. No person shall discharge an arrow from a bow within 500 yards of the property line of a public school, church property, hospital, or registered daycare. 12. Hunters are responsible for the appropriate disposition of deer carcasses. {00519924.DOCX } 13. If a deer which has been shot with an arrow leaves the property on which the hunter has permission to hunt, the hunter shall obtain permission from any property owner over which he or she must travel to pursue or retrieve the deer. No field dressing of deer shall be permitted without permission of the landowner. 14. No person shall hunt deer in the city by use of a dog or dogs. 15. No person shall hunt on C ity owned or leased property. Law Enforcement agencies are exempt from this ordinance while in the performance of their work -related duties. 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 – Renée F. Turk – Passed: Effective: Mayor ATTEST: ______________________________ H. Robert Light Clerk of Council City of Salem, Virginia Item #6A Date: 8/28/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL AGENDA ITEM: 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.) 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: Residential – Two Family Dwelling The subject property (128 Bellevue Avenue, Tax Map # 78-1-1) consists of a 0.242 acre-tract which sits within the RSF Residential Single-Family zoning district. The applicant is seeking a Special Exception Permit to allow a two family dwelling on the property. While originally constructed in 1935, an addition in the late 1980s timeframe created a space equipped with a separate bedroom, kitchen, and bathroom. According to the applicant, minor interior renovations (the removal of one doorway) are required to remove access between the proposed residential units. The subject property already possesses two separate curb cuts for driveway access. If approved, the applicant will comply with the necessary building code adjustments and acquire separate utility services for each of the units. There is a residential unit across the street, 1901 Woodlawn Avenue, which already serves as a two family dwelling. The Future Land Use Map (FLUM) identifies this area as residential, still consistent with the proposed utilization of the property should the Special Exception Permit be granted. REQUIREMENTS: The proposal meets the requirements of Section 106-202.3. Site development regulations for RSF. OPTIONS: 1. Approve the request. 2. Approve the request with conditions. 3. Deny the request. MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip 78-1-1 128 BELLEVUE AVE JESSE SPENCE P O BOX 681 NEW CASTLE VA 24127 78-1-1.1 1906 WOODLAWN AVE ROBERT B ROSIER 1803 WOODLAWN AVE SALEM VA 24153 78-1-6 123 POINT PLEASANT AVE JEROME LANDSDOWN & JESSICA LANDSDOWN BUCHANANDANIEL R BUCHANAN 123 POINT PLEASANT AVE SALEM VA 24153 78-1-7 113 POINT PLEASANT AVE DAVID R BUTTO JANE M BUTTO 113 POINT PLEASANT AVE SALEM VA 24153 78-1-2 124 BELLEVUE AVE CFR BEC LLC 11124 KINGSTON PIKE STE 119-242 KNOXVILLE TN 37934 77-5-9 123 BELLEVUE AVE MELANIE WILSON 123 BELLEVUE AVE SALEM VA 24153 77-5-8 127 BELLEVUE AVE FRANKLIN R TWIGG-LIFE ESTATE 127 BELLEVUE AVE SALEM VA 24153 77-5-6 135 BELLEVUE AVE JEFFREY A BONI JOYCE D BONI 127 SEA DUNES DR EMERALD ISLE NC 28594 55-4-14 1833 WOODLAWN AVE CENTERFIELD VENTURES LLC 6822 22ND AVE N SUITE 338 PETERSBURG FL 33710 54-1-8 1901 WOODLAWN AVE SAMUEL R JENNINGS 1718 POMEROY RD SALEM VA 24153 54-1-7 1909 WOODLAWN AVE HOLLY F LOGAN 1909 WOODLAWN AVE SALEM VA 24153 Planning Commission Meeting MINUTES Wednesday, August 16, 2023, 7:00 PM Work Session 6:00PM Council Chambers Conference Room, City Hall, 114 North Broad Street: WORK SESSION 1. Call to Order A work session of the Planning Commission of the City of Salem, Virginia, was held in Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, at 6:00 p.m. on August 16, 2023; there being the members of said Commission, to wit: Vicki G. Daulton, Chair; Denise P. King, Vice Chair; Reid Garst, Neil L. Conner, and Jackson Beamer; together with H. Robert Light, Assistant City Manager; Mary Ellen Wines, Planning & Zoning Administrator; Maxwell Dillon, Planner; Charles E. Van Allman, Jr., Director of Community Development; and Jim H. Guynn, Jr., City Attorney; and the following business was transacted: Chair Daulton called the meeting to order at 6:06 p.m. and reported that this date, place and time had been set for the Commission to hold a work session. 2. New Business A. Discussion of items on the August agenda 1. 128 Bellevue Avenue 2. 105 St. John Road 3. 2005 East Main Street 4. 1139, 1133, and 1127 Highland Road A discussion was held regarding items on the August agenda. B. Introduction of items on the September agenda 1. 640 Joan Circle Items for the September agenda were introduced, and a discussion was held. 3. Adjournment Chair Daulton inquired if there were any other items for discussion and hearing none, adjourned the work session at 6:55 p.m. REGULAR SESSION 1. Call to Order A regular meeting of the Planning Commission of the City of Salem, Virginia, was held after due and proper notice in the Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia, at 7:00 p.m., on August 16, 2023. Notice of such hearing was published in the August 4 & 11, 2023, issues of the "Salem Times Register," a newspaper published and having general circulation in the City of Salem. All adjacent property owners were notified via the U. S. Postal Service. The Commission, constituting a legal quorum, presided together with Jim H. Guynn, Jr., City Attorney; H. Robert Light, Assistant City Manager and Executive Secretary, ex officio member of said Commission, to wit; Mary Ellen Wines, Planning & Zoning Administrator; Charles E. Van Allman, Jr., Director of Community Development, and Maxwell Dillon, Planner, and the following business was transacted: A. Pledge of Allegiance 2. Consent Agenda A. Minutes Consider acceptance of the minutes from the July 12, 2023, work session and regular meeting. Reid Garst motioned Motion. Jackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 3. 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). Staff noted the following: The subject property (128 Bellevue Avenue, Tax Map # 78-1-1) consists of a 0.242 acre-tract which sits within the RSF Residential Single-Family zoning district. The applicant is seeking a Special Exception Permit to allow a two family dwelling on the property. While originally constructed in 1935, an addition in the late 1980s timeframe created a space equipped with a separate bedroom, kitchen, and bathroom. According to the applicant, minor interior renovations (the removal of one doorway) are required to remove access between the proposed residential units. The subject property already possesses two separate curb cuts for driveway access. If approved, the applicant will comply with the necessary building code adjustments and acquire separate utility services for each of the units. There is a residential unit across the street, 1901 Woodlawn Avenue, which already serves as a two family dwelling. The Future Land Use Map (FLUM) identifies this area as residential, still consistent with the proposed utilization of the property should the Special Exception Permit be granted. Jesse Spence, 1411 Craigs Wood Road, New Castle, Virginia, property owner, appeared before the Commission and stated that he purchased the property in June and would like to separate the two living unite with separate utilities and separate addresses. Member Garst asked about a second driveway. Mr. Spence stated that a previous owner used it for the parking of a boat, but it will be utilized as a second driveway. A discussion was held regarding an interior door that connects the units, which Mr. Spence will do what is required to separate the units; and if the property will be rental property, which Mr. Spence stated that he plans to rent it either medium term (3-6 months) or long-term. Vice Chair King asked if there had been any inquiries from the public. The Zoning Administrator stated that there had been no inquiries. No other person(s) appeared related to the request. Neil Conner motioned 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). Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King B. Amendment to the Zoning Ordinance Hold public hearing to consider 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. Staff noted the following; 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 HM Heavy 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. Barney Horrell, 3553 Carvins Cove Road, Salem, of Brushy Mountain Engineering, appeared before the Commission representing the property owner, and stated that the subject parcel is currently being graded to construct a lease space identical to the building currently under construction at 71 St. John Road. He stated that the lot is currently zoned HBD, but all other lots around it are zoned HM except for the soccer fields behind the lot and the undeveloped property headed toward Lynchburg Turnpike. He also noted that he is currently working with another client and will hopefully be back before the Commission soon with a rezoning request for another parcel near the former GE property. Vice Chair King asked about access to the soccer fields. Mr. Horrell noted that the access in question, the old driveway that went to the soccer field, is only used by the maintenance personnel for the soccer field--mowers and if there is an emergency on the fields, an ambulance can access the fields. There used to be a chained gate across it with a lock, but was pulled out when construction started. The official entrance to the soccer fields has been moved for access for the soccer fields. Chair Daulton asked if this was Teddy Dyer's business, and Mr. Horrell stated that it is one of his lease spaces. No other person(s) appeared related to the request. Denise King motioned approval of 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. Jackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King C. Amendment to the Zoning Ordinance Hold public hearing to consider 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. Staff noted the following: 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. Chris Burns of Balzer and Associates, 1208 Corporate Circle, Roanoke, appeared before the Commission on behalf of the property owner, who is also present at the meeting. He stated that purpose of the rezoning will be to allow for the construction of a metal building to be used initially for personal storage of classic vehicles. The rezoning is necessary because the ordinance does not allow for an accessory structure to be on a parcel without a residential structure. The rezoning would allow for the building to transition to a commercial use in the future, which is appropriate for the location. He stated that the building will be "dressed up" and that the required vegetation buffer will be installed as required by the zoning ordinance. Chair Daulton asked how many vehicles will be stored in the building. Cecil Doyle, 204 South Jefferson Street, Roanoke, appeared before the Commission and stated that he has had an average of 20 vehicles. The vehicles have been stored in Floyd, Virginia, but the gravel road is not good for the classic cars. He decided to sell the cars, which he has done, and build something closer and more conducive for classic cars. Vice Chair King asked about the nature of the building structure. Mr. Doyle stated that the building in the packet is representative of the building, but the building will be a high-quality pre-engineered building. He stated that it is not a cheap metal building. Chair Daulton asked if any work will be done on the vehicles. Mr. Doyle stated that only minor work will be done on the vehicles inside the building, nothing will be done outside. The property will be well landscaped, well buffered, etc. He stated that he has already started dressing up the lot. Member Garst noted that Mr. Doyle plans to access the property from Point Pleasant and asked if that will require an address change. The Zoning Administrator noted that it will not require an address change. Vice Chair King asked about exterior lighting. Mr. Doyle stated that there will be minimal security lighting. Member Beamer noted that the lighting will be addressed in the site plan process. No other person(s) appeared related to the request. Reid Garst motioned 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. Jackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King D. Amendment to the Zoning Ordinance Hold public hearing to consider the request of Neal Wall, property owner, for rezoning the properties located at 1139, 1133, and 1127 Highland Road (Tax Map # 230-2-7, 230-2-6, and 230-2-5) from RSF Residential Single Family to HBD Highway Business District. Staff noted the following: 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. Ben Crew of Balzer and Associates, 1208 Corporate Circle, Roanoke, appeared before the Commission on behalf of the property owner. He stated that Mr. Wall has been acquiring various properties on this corner for the last 10-15 years to create a commercial outparcel while preserving the residential homes. He noted that one main tax parcel is being rezoned and two portions that are involved with the request. There are two houses that will remain in the back and one on the parcel that is on the corner of Midland and Electric that will be removed as part of the project. He noted that Exhibit A in the packet outlines potential development on the site. There is not a user signed up to use the space but want to take the right steps so that as this corridor is developing there is opportunities for development along this signalized corner along Electric Road. He noted that two vehicular access points for the development--one on Midland that is back from the signal, and a second that is a right in, right out on Electric Road because a median is shown. While there is not an exact square footage of the building to be placed, it is expected for it to be a 3,600-sf. single-story building due to the lot size. He further stated that there is a lot of momentum happening in the area with Valley Dale, G. E., and some of the St. John work being done. There has been previous work done on the site as the site needed to be filled up to the road level for it to be a viable commercial site. He further noted that having property along Electric Road being zoned RSF is not a viable use. Chair Daulton asked if the properties on Parcel B and C will be rented or sold. Neal Wall, property owner, 4016 Lake Drive, SW, Roanoke, appeared before the Commission and stated that the properties are currently being rented. One of the tenants has been there 30 years. It was again noted that a tenant has not been selected for the site. A discussion was held regarding storm-water management for the site. It was confirmed that the residential structure on Property A will be razed for access to the new business. It was noted that this is not a blanket rezoning request, and the residential character of the other residences in the project will be maintained--the house and the first half of the lot are going to stay on Highland and the back half of the lot will be absorbed into the overall development parcel that fronts on Electric. It was noted that no calls were received regarding the request. Chair Daulton asked if any other person(s) wanted to speak on the matter. Dorothy Burgess, 1121 Highland Road, appeared before the Commission and stated that she owns the adjacent parcel. She stated she is concerned that the development of the property will devalue her property. Member Conner asked what she expected the future development to be. Ms. Burgess noted that anything other than a fast-food restaurant would be preferable. Member Garst asked Mr. Crew what kind of buffer will be present between the commercial and residential development. Mr. Crew noted that it will be 8-foot wide with trees and shrubs between the commercial and residential properties. A discussion was held regarding the containment of debris, etc., and outdoor lighting. It was noted that the requirements of the City will be met during the site plan review process. Member Beamer asked about the height of a sign, and the Zoning Administrator noted that the height of a free-standing sign is limited to 25 feet tall. It was noted that both a fast-food restaurant and office space are permitted uses in HBD. No other person(s) appeared before the Commission regarding the request. Reid Garst motioned approval of the request of Neal Wall, property owner, for rezoning the properties located at 1139, 1133, and 1127 Highland Road (Tax Map # 230-2-7, and a portion of 230-2-6, and 230-2-5) from RSF Residential Single Family to HBD Highway Business District. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 4. Adjournment On motion by Member Conner, seconded by Member Garst, the meeting was adjourned at 7:34 pm. City Council meeting, August 28, 2023, 6:30 p.m. Council Chambers, City Hall, 114 North Broad Street Item #6B Date: 8/28/2023 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 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.) 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. OPTIONS: 1.Approve the request. 2.Deny the request. 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 #6C Date: 9/28/2023 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 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 of Planning Commission minutes.) 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. OPTIONS: 1.Approve the request. 2.Deny the request. 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 #6D Date: 8/28/2023 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 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.) 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. OPTIONS: 1.Approve the request. 2.Deny the request. 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 # 6E Date: 8/28/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: August 28, 2023 AGENDA ITEM: Hold public hearing and consider adoption of 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. 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). SUBMITTED BY: Jim Guynn, City Attorney SUMMARY OF INFORMATION: It was determined by the Registrar that there was not a suitable building to serve as a polling place in Precinct D or West Salem Precinct. Per Council Resolution 1443, the City Attorney submitted a request to the Office of the Virginia Attorney General for a certificate of no objection to move the polling place to the Salem Civic Center. This certificate was issued by the Attorney General. This ordinance is a housekeeping item in order to update City Code to reflect the Civic Center as the polling place for Precinct D or the West Salem Precinct. FISCAL IMPACT: There is no fiscal impact from this action. STAFF RECOMMENDATION: Staff recommends that this ordinance be adopted on one reading as an emergency ordinance and become effective immediately. {00521955.DOCX } AN ORDINANCE TO AMEND SECTION 26-41 “PRECINCT D OR WEST SALEM PRECINCT” OF “ARTICLE II PRECINCTS; VOTING PLACES” OF CHAPTER 26 “ELECTIONS” OF THE CODE OF THE CITY OF SALEM WHEREAS, the Registrar of the City of Salem determined that there was not a suitable building to serve as a polling place in Precinct D or West Salem Precinct; and WHEREAS, the City submitted a request to the Office of the Attorney General for a certificate of no objection to moving the polling place to the Salem Civic Center; and WHEREAS, the Office of the Attorney General issued a Certificate of No Objection to moving the Precinct D or West Salem Precinct polling place to the Salem Civic Center. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Salem, that Section 26 - 41 “Precinct D or West Salem Precinct” of Article II “Precincts; Voting Places” of Chapter 26 “Elections” of the Code of the City of Salem be amended as follows: Section 26-41 Precinct D or West Salem Precinct. (a)Boundaries. Precinct D or West Salem Precinct shall embrace all of the territory within the corporate limits of the city situate as follows: Beginning at the intersection of Main Street (U.S. Route 460) and Route 112; thence with Route 112 in a northerly direction to Interstate 81; thence with the north corporate limits of the city in an easterly direction to Dry Branch; thence with Dry Branch in a southerly direction to Main Street (U.S. Route 460); thence with Main Street (U.S. Route 460) in a westerly direction to its intersection with Route 112, the place of beginning. (b)Voting place. The voting place in Precinct D or West Salem Precinct shall be and the same is hereby established, as long as it is available, at Our Lady of Perpetual Help Catholic Church, Social Hall, 314 Turner Road the Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153. (Code 1969, § 7-6; Ord. of 9-8-08(1)) This ordinance shall be in full force and effect immediately upon 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. {00521955.DOCX } 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 – Renée F. Turk – Passed: Effective: Mayor ATTEST: ______________________________ H. Robert Light Clerk of Council City of Salem, Virginia Item # 6F Date: 8/28/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: August 28, 2023 AGENDA ITEM: Hold public hearing and consider adoption of 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. 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). SUBMITTED BY: Jim Guynn, City Attorney SUMMARY OF INFORMATION: It was determined by the Registrar that there was not a suitable building to serve as a polling place in Precinct J or Beverly Heights Precinct. Per Council Resolution 1443, the City Attorney submitted a request to the Office of the Virginia Attorney General for a certificate of no objection to move the polling place to the Salem Civic Center. This certificate was issued by the Attorney General. This ordinance is a housekeeping item in order to update City Code to reflect the Civic Center as the polling place for Precinct J or the Beverly Heights Precinct. FISCAL IMPACT: There is no fiscal impact from this action. STAFF RECOMMENDATION: Staff recommends that this ordinance be adopted on one reading as an emergency ordinance and become effective immediately. {00521957.DOCX } AN ORDINANCE TO AMEND SECTION 26-47 “PRECINCT J OR BEVERLY HEIGHTS PRECINCT” OF “ARTICLE II PRECINCTS; VOTING PLACES” OF CHAPTER 26 “ELECTIONS” OF THE CODE OF THE CITY OF SALEM WHEREAS, the Registrar of the City of Salem determined that there was not a suitable building to serve as a polling place in Precinct J or Beverly Heights Precinct; and WHEREAS, the City submitted a request to the Office of the Attorney General for a certificate of no objection to moving the polling place to the Salem Civic Center; and WHEREAS, the Office of the Attorney General issued a Certificate of No Objection to moving the Precinct J or Beverly Heights Precinct polling place to the Salem Civic Center. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Salem, that Section 26 - 47 “Precinct J or Beverly Heights Precinct” of Article II “Precincts; Voting Places” of Chapter 26 “Elections” of the Code of the City of Salem be amended as follows: Section 26-47 Precinct J or Beverly Heights Precinct. (a)Boundaries. Precinct J or Beverly Heights Precinct shall embrace all of the territory within the corporate limits of the city situate as follows: Beginning at the west corporate limits of the city at Main Street (U.S. Route 460); thence with the corporate limits of the city in a northerly direction to Interstate 81; thence with the north corporate limits of the city in an easterly direction to Wildwood Road; thence with Wildwood Road in a southerly direction crossing Interstate 81 and to Main Street (U.S. Route 460); thence with Main Street (U.S. Route 460) in a westerly direction to the place of beginning. (b)Voting place. The voting place in Precinct J or Beverly Heights Precinct shall be and the same is hereby established, as long as it is available, at the Fort Lewis Christian Church, Fellowship Hall, 2931 West Main Street Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153. (Code 1969, § 7-12; Ord. of 11-13-95(3)) This ordinance shall be in full force and effect immediately upon 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. {00521957.DOCX } 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 – Renée F. Turk – Passed: Effective: Mayor ATTEST: ______________________________ H. Robert Light Clerk of Council City of Salem, Virginia Item # 6G Date: 08/28/2023 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: August 28, 2023 AGENDA ITEM: Consider setting date for a 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. SUBMITTED BY: Jay Taliaferro, City Manager SUMMARY OF INFORMATION: The current term for School Board member David Preston expires on December 31, 2023. Per the Code of Virginia, Council must hold a public hearing to receive the views of citizen within the school division at least seven days prior to any appointment. No nominee or applicant whose name has not been considered at a public hearing shall be appointed as a School Board member. Pending Council direction to set the public hearing date for the September 25, 2023 regular City Council meeting (or an alternate meeting date if Council elects), the City will provide public notice of this date and request interested applicants submit a letter of interest and resume to the office of the Clerk of Council for consideration and naming at the public hearing. STAFF RECOMMENDATION: Staff recommends Council set a public hearing on the appointment of school board members for September 25, 2023 during the regular Council meeting, provide public notice, and accept letters of interest and resumes from interested applicants for naming at this public hearing. Code of Virginia Title 22.1. Education Chapter 5. School Boards; Selection, Qualification and Salaries of Members Article 1. General Provisions § 22.1-29.1. Public hearing before appointment of school boardmembers At least seven days prior to the appointment of any school board member pursuant to the provisions of this chapter, of §§ 15.2-410, 15.2-531, 15.2-627 or § 15.2-837, or of any municipal charter, the appointing authority shall hold one or more public hearings to receive the views of citizens within the school division. The appointing authority shall cause public notice to be given at least seven days prior to any hearing by publication in a newspaper having a general circulation within the school division. No nominee or applicant whose name has not been considered at a public hearing shall be appointed as a school board member. 1985, c. 423; 1987, c. 430; 2023, cc. 506, 507. The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 1 8/3/2023 12:00:00 AM Item #6H Date: 8/28/2023 August 28, 2023 Council of the City of Salem Salem, Virginia 24153 Dear Council Members: For your information, I am listing appointments and vacancies on various boards and commissions: Board or Commission Recommendation Community Policy Management Team (CPMT) Upon CPMT approval, recommend appointing Amy Cole from Court Services as additional alternate. Vacancies Blue Ridge Behavioral Healthcare Need one member to complete remainder of three-year term ending December 31, 2024. Board of Appeals (USBC) Need one alternate, five-year term Roanoke River Blueway Advisory Committee Need one member, two-year term Sincerely, Laura Lea Harris Laura Lea Harris Deputy Clerk of Council CITY OF SALEM, VIRGINIA BOARDS AND COMMISSIONS August 28, 2023 MEMBER EXPIRATION OF TERM BLUE RIDGE BEHAVIORAL HEALTHCARE Term of Office: 3 years (3 terms only) Vacant (replace Ann Tripp) 12-31-24 Rev. C. Todd Hester 12-31-25 Dr. Forest Jones 12-31-23 AT LARGE MEMBERS: Patrick Kenney 12-31-25 Helen Ferguson 12-31-23 Bobby Russell 12-31-24 BOARD OF APPEALS (USBC BUILDING CODE) Term of Office: 5 years John R. Hildebrand 1-01-26 Robert S. Fry, III 1-01-28 David A. Botts 1-01-25 Nathan Routt 5-11-25 Joseph Driscoll 1-01-28 ALTERNATES: David Hodges 12-12-26 Chelsea Dyer 8-09-25 Vacant BOARD OF EQUALIZATION OF REAL ESTATE ASSESSMENTS Term of Office: 3 years (appointed by Circuit Court) Wendel Ingram 11-30-24 N. Jackson Beamer, III 11-30-24 David A. Prosser 11-30-25 Janie Whitlow 11-30-23 Kathy Fitzgerald 11-30-24 BOARD OF ZONING APPEALS Term of Office: 5 years (appointed by Circuit Court) F. Van Gresham 3-20-27 Frank Sellers 3-30-28 Winston J. DuBois 6-05-24 Gary Lynn Eanes 3-20-25 Tom Copenhaver 3-20-27 ALTERNATES: Tony Rippee 10-12-23 Jeff Zoller 3-1-28 Steve Belanger 11-13-23 CHIEF LOCAL ELECTED OFFICIALS (CLEO) CONSORTIUM No Term Limit H, Hunter Holliday Alternate: James E. Taliaferro, II MEMBER EXPIRATION OF TERM CONVENTION & VISITORS BUREAU John Shaner No term limit COMMUNITY POLICY AND MANAGEMENT TEAM No term limit except for Private Provider (Names) (Alternates) Rosie Jordan Tammy Todd Laura Lea Harris Crystal W illiams Jasmin Lawson Kevin Meeks Cathy Brown Sarah Watkins Howard Shumate Leigh Frazier Courtenay Alleyne Heather Gunn Chris Park Mark Chadwick Parent Rep-Vacant Vacant Shannon Brabham Joyce Earl Randy Jennings Deborah Coker Darryl Helems Mandy Hall Derek Weeks Danny Crouse Health Dept. - Vacant Vacant W endel Cook Jessica Cook *Note: Rosie Jordan will serve as Fiscal Agent For the City of Salem ECONOMIC DEVELOPMENT AUTHORITY Term of Office: 4 years (Requires Oath of Office) William Q. Mongan 3-09-27 Paul C. Kuhnel 3-09-24 J.David Robbins 3-09-24 Cindy Shelor 4-10-25 Macel Janoschka 3-09-25 Sean B. Kosmann 12-14-24 Clark “Rob” Robinson Jr.12-14-24 FAIR HOUSING BOARD Term of Office: 3 years Betty Waldron 7-01-25 Melton Johnson 7-01-26 Cole Keister 8-09-24 Pat Dew 3-01-24 Janie Whitlow 4-09-24 MEMBER EXPIRATION OF TERM FINE ARTS COMMISSION (INACTIVE) Term of Office: 4 years Cameron Vest 5-01-15 Julie E. Bailey Hamilton 5-01-15 Brenda B. Bower 7-26-12 Vicki Daulton 10-26-12 Hamp Maxwell 10-26-12 Fred Campbell 5-01-13 Rosemary A. Saul 10-26-13 Rhonda M. Hale 10-12-14 Brandi B. Bailey 10-12-14 STUDENT REPRESENTATIVES LOCAL OFFICE ON AGING Term of Office: 3 years John P. Shaner 3-01-24 Partnership for a Livable Roanoke Valley Term of Office: Unlimited James E. Taliaferro, II PERSONNEL BOARD Term of Office: 2 years William R. Shepherd 6-09-25 J. Chris Conner 8-12-25 Margaret Humphrey 8-12-25 Garry Lautenschlager 11-23-24 Teresa Sizemore-Hernandez 4-26-25 PLANNING COMMISSION AND NPDES CITIZENS' COMMITTEE Term of Office: 4 years Neil Conner 7-31-26 Denise “Dee” King 7-31-26 Vicki Daulton 7-26-27 Reid Garst 7-31-26 N. Jackson Beamer 8-28-27 REAL ESTATE TAX RELIEF REVIEW BOARD Term of Office: 3 years David G. Brittain 2-14-25 Wendel Ingram 6-11-24 Daniel L. Hart 2-14-24 ROANOKE REGIONAL AIRPORT COMMISSION Term of Office: 4 years Dale T. Guidry 7-1-24 ROANOKE RIVER BLUEWAY ADVISORY COMMITTEE Term of Office: 2 years Jeff Ceasar 6-30-24 Vacant 6-30-25 MEMBER EXPIRATION OF TERM ROANOKE VALLEY-ALLEGHANY REGIONAL COMMISSION Term of Office: 3 years H. Hunter Holliday 6-30-24 Dee King 6-30-26 James W. Wallace, III 6-30-24 ROANOKE VALLEY BROADBAND AUTHORITY Term of Office: 4 years James E. Taliaferro, II 12-14-23 Mike McEvoy (Citizen At-large) 12-13-25 ROANOKE VALLEY DETENTION COMMISSION No Terms Member Alternate James Taliaferro Rosemarie Jordan ROANOKE VALLEY GREENW AY COMMISSION Term of Office: 3 years Dr. Steven L. Powers 11-08-24 Russ Craighead 7-25-25 Skip Lautenschlager 9-26-26 ROANOKE VALLEY RESOURCE AUTHORITY Term of Office: 4 years Rob Light 12-31-23 ROANOKE VALLEY TRANSPORTATION PLANNING ORGANIZATION (TPO) POLICY BOARD Term of Office: 3 years Renee F. Turk 6-30-26 H. Hunter Holliday 6-30-26 Alternate: Byron R. Foley 6-30-26 SCHOOL BOARD OF THE CITY OF SALEM Term of Office: 3 years Nancy Bradley 12-31-24 Teresa Sizemore-Hernandez 12-31-24 Andy Raines 12-31-25 Stacey Danstrom 12-31-25 David Preston 12-31-23 SOCIAL SERVICES ADVISORY BOARD Term of Office: 4 years, 2 term limit Heath Rickmond 12-01-26 TOTAL ACTION FOR PROGRESS Term of Office: 2 years Byr on Randolph Foley 11-13-23 (vacant - full-time alternate) 11-13-21 MEMBER EXPIRATION OF TERM TRANSPORTATION TECHNICAL COMMITTEE (TTC) Term of office: 3 years Crystal Williams 6-30-26 Josh Pratt 6-30-26 Alternate: James E. Taliaferro, II 6-30-26 Alternate: Max Dillon 6-30-26 VIRGINIA W ESTERN COMMUNITY COLLEGE LOCAL ADVISORY Term of Office: 4 years (2 term s only) Dr. Forest I. Jones, Jr. 6-30-26 VIRGINIA’S BLUE RIDGE BOARD Term of Office: James E. Taliaferro, II WESTERN VIRGINIA EMERGENCY MEDICAL SERVICES COUNCIL Term of office: 3 years Deputy Chief Matt Rickman 12-31-25 WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY Term of Office: 4 years (Requires Oath of Office) James E. Taliaferro, II 2-3-26 H.Robert Light 2-3-24 Crystal Williams(Alternate for Taliaferro) 2-3-26 vacant (Alternate for Light) 2-3-24 WESTERN VIRGINIA REGIONAL JAIL AUTHORITY Term of Office: 1 year – Expires 12-31-23 (Requires Oath of Office) W illiam D. Jones Alternate: Byron R. Foley James E. Taliaferro, II Alternate: Rosemarie Jordan April M. Staton Alternate: Chief Deputy-Major Steve Garber