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HomeMy WebLinkAbout8/25/2014 - City Council - Minutes - RegularUNAPPROVED MINUTES COUNCIL MEETING August 25, 2014 A regular meeting of the Council of the City of Salem, Virginia, was held in Council Chambers, City Hall, 114 North Broad Street, on August 25, 2014, at 7:30 p.m., there being present the following members of said Council, to wit: Jane W. Johnson, William D. Jones, and Lisa D. Garst (Byron Randolph Foley and John C. Givens – absent); with Jane W. Johnson, Councilwoman, presiding; together with Kevin S. Boggess, City Manager; James E. Taliaferro, Assistant City Manager and Clerk of Council; Melinda J. Payne, Director of Planning and Economic Development; Rosie Jordan, Director of Finance; William L. Simpson, Jr., Assistant City Engineer; and Stephen M. Yost, City Attorney; and the following business was transacted: The August 11, 2014, regular meeting and work session minutes were approved as written. Councilwoman Johnson reported that this date and time had been set to hold a public hearing to consider the request of Larry W. and Kathie M. Terry, property owners, for the issuance of a Special Exception Permit to allow an accessory structure in excess of 1,000 square feet on the property located at 1647 Woodshill Lane (Tax Map #239-1-2); notice of such hearing was published in the August 6 and 13, 2014, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; the Planning Commission recommends approval of said request; and WHEREAS, staff noted the following: the subject property consists of one parcel of approximately 1.1 acres and is located on the north side of Woodshill Lane; the property is currently occupied by a single family dwelling; the request is for a Special Exception Permit to allow an accessory structure in excess of 1,000 square feet; the petitioners’ existing garage is 816 square feet, and they would like to add 504 square feet to be used for storage; and WHEREAS, Larry Terry, property owner, appeared before Council to explain the Special Exception Permit request; he noted that they have an existing garage and would like to add a storage building to the rear; he further noted that the garage is approximately 816 square feet, and they would like to add an 18 by 28 addition, which puts them over the 1,000 square foot maximum size; he noted that he had some pictures of the existing building and the area where the addition would be located; he presented the pictures to Council and explained the proposed construction; and ITEM 1 SPECIAL EXCEPTION PERMIT APPROVED TO ALLOW AN ACCESSORY STRUCTURE IN EXCESS OF 1,000 SQUARE FEET ON THE PROPERTY LOCATED AT 1647 WOODSHILL LANE (T/M 239-1-2) 2 WHEREAS, no other person(s) appeared related to the request. ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, the request of Larry W. and Kathie M. Terry, property owners, for the issuance of a Special Exception Permit to allow an accessory structure in excess of 1,000 square feet on the property located at 1647 Woodshill Lane (Tax Map #239-1-2) was hereby approved – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – absent, and Byron Randolph Foley – absent. Councilwoman Johnson reported that this date and time had been set to hold a public hearing to consider the request of RVHB Corporation, property owner, for the issuance of a Special Exception Permit to allow the following commercial use types: antique shops, personal services, and retail sales on the property located at 1626 Apperson Drive (Tax Map #258-2-5); notice of such hearing was published in the August 6 and 13, 2014, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; the Planning Commission recommends approval of said request; and WHEREAS, staff noted the following: the subject property consists of one parcel of approximately .455 acres and is located on the south side of Apperson Drive near its intersection with Margaret Lane; the property is occupied by a one-story brick office building; the request is for a Special Exception Permit to allow the following commercial use types: antique shops, personal services, and retail sales; the property owner has been trying to lease the vacant space in the building since January “with minimal inquiries from potential tenants;” currently, the prospective tenant “desires to operate a small retail shop selling home décor items, furniture, antiques, etc.;” and the Roanoke Regional Home Builders Association will remain in the other half of the office building; and WHEREAS, J. B. Smith, President of RVHB Corporation, 3130 McVitty Road, Roanoke County; appeared before Council to explain the Special Exception Permit request; he noted that they would like to widen their base of interest to rent the available space they have in the building; they have ample parking for both offices; they have been trying to rent the space for 9 to 10 months now, and they hope that with the proposed uses they will be able to rent the space; they have approximately 1,550 square feet to rent; and WHEREAS, Councilman Jones inquired about the different businesses that could occupy the building as retail space; and ITEM 2 SPECIAL EXCEPTION PERMIT APPROVED TO ALLOW THE FOLLOWING COMMERCIAL USE TYPES: ANTIQUE SHOPS, PERSONAL SERVICES (EXCLUDING TATTOO PARLOR FACILITIES, LAUNDRY MAT AND DRY CLEANING FACILITIES), AND RETAIL SALES ON THE PROPERTY LOCATED AT 1626 APPERSON DRIVE (T/M 258-2-5) 3 WHEREAS, the Director of Planning and Economic Development stated that any retail service that falls under the retail classification; and WHEREAS, Councilwoman Garst noted that a tattoo parlor would be allowed to occupy the space if the special exception permit was approved as it falls under personal services; and WHEREAS, Mr. Smith noted that they have not had any inquires about a tattoo parlor for the space; he further noted that the RVHB Corporation would be pretty “picky” about who they rent the space to; they would like to continue to rent the space as office space, but in the current economic times they would like to be able to broaden the uses available in an effort to acquire a tenant; and WHEREAS, Councilwoman Garst noted that her concern stems from a staff question—the property is currently zoned residential business and will Council be setting a precedence to allow tattoo parlors in a residential business location; and WHEREAS, the Clerk of Council noted that tattoo parlors have been in residential business district zoned areas; and WHEREAS, the City Manager further noted that personal services also include hair salons, etc.; it has been looked at and tattoo parlors cannot be excluded from personal service type businesses; he noted that it is a risk; and WHEREAS, Councilwoman Garst inquired if a check cashing business could be placed in the space; and WHEREAS, it was noted that a check cashing business could not be placed on the property as it is currently zoned if the special exception permit were approved; and WHEREAS, Councilwoman Garst inquired as to why a special exception permit was requested instead of a complete rezoning of the property; and WHEREAS, the Director of Planning and Economic Development stated that when the petitioner met with the Deputy Zoning Administrator, it was recommended that a special exception permit request would be the better way in order to be able to place the businesses they hope to attract to the site; she further stated that she was not a part of that conversation, the suggestion came from Zoning; and 4 WHEREAS, the Deputy Clerk of Council stated that with the residential neighborhoods behind the property, the RB zoning is probably seen as more of a transition than going to HBD; and WHEREAS, Mr. Smith stated that the reason for requesting a special exception permit instead of a total rezoning, was due to having a possible tenant who wanted to place an antique store on the site; in an effort to meet the needs of the possible tenant (September 1 deadline), a special exception permit request was the quickest way for it to be done; he stated that rezoning was considered and probably would have been requested if more time had been available; and WHEREAS, Councilman Jones inquired if the special exception permit could be approved without personal services being included; and WHEREAS, the City Attorney deferred the question to the Zoning Administrator; and WHEREAS, Councilwoman Garst noted that her concerns about allowing a tattoo parlor or a personal services-type business in a residential business zoning district is those businesses hold a different set of hours traditionally; and WHEREAS, a discussion was held regarding the concerns of Council regarding personal service-type businesses; the special exception permit, if approved, stays with the property, not the property owner; and WHEREAS, the Clerk of Council noted that Council can place conditions on the special exception and uses could be limited; and WHEREAS, a discussion was held regarding conditions that could be placed upon the approval of the special exception permit, the definition of personal services; etc.; and WHEREAS, Mr. Smith stated that a rezoning request for the property may be a possibility in the future; and WHEREAS, Melody Williams, 4331 Allegheny Drive (Roanoke County), staff member of RVHB Corporation, appeared before Council and inquired if personal services type businesses were not allowed in Highway Business District (HBD) zoning as that was the zoning district recommended if a request for rezoning of the property were to occur; and 5 WHEREAS, the City Attorney noted that HBD would broaden the uses of the property considerably; he stated that he feels the special exception request is the best route chosen; and WHEREAS, no other person(s) appeared related to the request; ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the request of RVHB Corporation, property owner, for the issuance of a Special Exception Permit to allow the following commercial use types: antique shops, personal services (excluding tattoo parlor facilities, laundry mat and dry cleaning facilities), and retail sales on the property located at 1626 Apperson Drive (Tax Map #258 -2-5) was hereby approved – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – absent, and Byron Randolph Foley – absent. Councilwoman Johnson requested that Council consider an ordinance on second reading amending Part II, Chapter 1, of the Code of the City of Salem, Virginia, by enacting Section 1-15 pertaining to Assessment for Electronic Summons System; ordinance was passed on first reading at the August 11, 2014, meeting; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance amending Part II, Chapter 1, of the Code of the City of Salem, Virginia, by enacting Section 1-15 pertaining to Assessment for Electronic Summons System was hereby adopted – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – absent, and Byron Randolph Foley – absent. Councilwoman Johnson requested that Council consider setting the 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 on the Salem School Board; suggest September 22, 2014; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, 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 on the Salem School Board was hereby set for September 22, 2014 – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – absent, and Byron Randolph Foley – absent. ITEM 4 PUBLIC HEARING SET FOR SEPTEMBER 22, 2014, IN ACCORDANCE WITH SECTION 22.1-29.1 OF THE CODE OF VIRGINIA REGARDING EXPIRATION OF TERM FOR SALEM SCHOOL BOARD MEMBER ITEM 3 ORDINANCE ADOPTED ENACTING SECTION 1-15 OF THE CODE OF THE CITY OF SALEM, VIRGINIA PERTAINING TO ASSESSMENT FOR ELECTRONIC SUMMONS SYSTEM 6 Councilwoman Johnson requested that Council consider cancelling the September 8, 2014, Council meeting; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, the September 8, 2014, Council meeting was hereby cancelled – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – absent, and Byron Randolph Foley – absent. Councilwoman Johnson requested that Council consider setting bond for erosion and sediment control and landscaping for Virginia Varsity Storage – Apperson Expansion project; and WHEREAS, Councilman Jones, Vice Chair of Council’s Audit-Finance Committee, reported that the Committee reviewed the estimate for erosion and sediment control and landscaping for the Virginia Varsity Storage – Apperson Expansion project and concurs with the Engineering Department’s recommendation that bond be set in the amount of $22,820 with a time limit of twelve (12) months for completion; and WHEREAS, the Assistant City Engineer stated that the project consists of the owners placing another storage unit and offices on the property; he noted that all of the stormwater requirements were addressed with the original phase; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, the bond for erosion and sediment control and landscaping for the Virginia Varsity Storage – Apperson Expansion project was hereby set in the amount of $22,820 with a time limit of twelve (12) months for completion – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – absent, and Byron Randolph Foley – absent. Councilwoman Johnson requested that Council consider setting bond and time limit for erosion and sediment control for the Roanoke County Department of Social Services HVAC, roof and parking lot replacement project; and WHEREAS, Councilman Jones, Vice Chair of Council’s Audit-Finance Committee, reported that the Committee reviewed the estimate for erosion and sediment control for the Roanoke County Department of Social Services HVAC, Roof and Parking Lot Replacement project and concurs with the Engineering ITEM 5 SEPTEMBER 8, 2014, COUNCIL MEETING CANCELLED ITEM 6 BOND AND TIME LIMIT SET FOR VIRGINIA VARSITY STORAGE – APPERSON EXPANSION PROJECT ITEM 7 BOND AND TIME LIMIT SET FOR ROANOKE COUNTY DEPARTMENT OF SOCIAL SERVICES HVAC, ROOF AND PARKING LOT REPLACEMENT PROJECT 7 Department’s recommendation that bond be set in the amount of $28,386 with a time limit of twelve (12) months for completion; and WHEREAS, the Assistant City Engineer stated that this project consists of reconstructing the parking lot, replacing some of the HVAC units, and replacing the roof; the parking lot is being completely dug out, reconstructed, and will be placed in the same footprint as it currently exists; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, the bond for erosion and sediment control for the Roanoke County Department of Social Services HVAC, Roof and Parking Lot Replacement project was hereby set in the amount of $28,386 with a time limit of twelve (12) months for completion – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – absent, and Byron Randolph Foley – absent. There being no further business to come before the Council, the same on motion adjourned at 7:52 p.m.