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HomeMy WebLinkAbout7/28/2014 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION JULY 28, 2014 A work session of the Council of the City of Salem, Virginia, was held in the City Manager’s Conference Room, 114 North Broad Street, Salem, Virginia, on July 28, 2014, at 6:30 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, Council Member, presiding; together with Kevin S. Boggess, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Rosie Jordan, Director of Finance; and Krystal Farmer, Deputy Clerk of Council; and the following business was transacted: Councilwoman Johnson reported that this date, place, and time had been set in order for the Council to hold a work session; and WHEREAS, a discussion was held regarding Exotic Pets used for therapy; and WHEREAS, a discussion was held regarding the annual VML Conference to be held in Roanoke; and WHEREAS, a discussion was held regarding the Community Garden; and WHEREAS, the City Manager gave an update on the Broadband Authority; and WHEREAS, a discussion was held regarding the items on the agenda; and WHEREAS, there were no other topics for discussion. There being no further business to come before the Council, the work session was adjourned at 7:24 p.m. ____________________________________ Council Member _____________________________________ Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING July 28, 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 July 28, 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, Council Member, 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; Charles E. Van Allman, Jr., City Engineer; Mike Stevens, Communications Director; and Stephen M. Yost, City Attorney; and the following business was transacted: Councilwoman Johnson noted that four new police officers were present at this meeting—David Ratliff, Brandon Fratwell, Paul Hammond, and Ethan Wells. She also noted that April Staton with the Salem Sheriff’s Office was present at the meeting; Ms. Staton is getting ready to be promoted to Major and will serve as the Chief Deputy for the Salem Sheriff’s Office. The June 23, 2014, regular meeting and work session minutes were approved as written. The report by the Director of Finance of the City’s financial status for a n eleven-month period ending May 31, 2014, was received and ordered filed. Councilwoman Johnson requested that Council hold a public hearing and consider an ordinance on first reading rezoning the property of Ridgewood Improvements, LLC, and MPW Group, LLC, property owners, for rezoning three parcels located at 1923 & 1951 Electric Road and 1650 Braeburn Drive (Tax Map #’s 284-1-2.2, 284-1-2.3, & 284-1-2) from HBD Highway Business District with conditions to HBD Highway Business District with amended conditions; and WHEREAS, it was noted that the request was continued from the June 23, 2014, Council meeting and that Planning Commission at its July 16, 2014, regular meeting recommended approval of request; and WHEREAS, staff noted the following: when the Ridgewood Farms development was rezoned in 1979, there were numerous voluntarily-proffered conditions placed on the proposed development; two of those conditions must be amended in order for Kroger to construct a proposed fuel center; the ITEM 1 ORDINANCE PASSED ON FIRST READING REZONING THREE PARCELS LOCATED AT 1923 & 1951 ELECTRIC ROAD AND 1650 BRAEBURN DRIVE (TAX MAP #’S 284-1- 2.2, 284-1-2.3, & 284- 1-2) FROM HBD HIGHWAY BUSINESS DISTRICT WITH CONDITIONS TO HBD HIGHWAY BUSINESS DISTRICT WITH AMENDED CONDITIONS 2 properties are currently zoned HBD Highway Business District, which allows gasoline stations by right; however, when the property was rezoned to B3 in 1979, one of the conditions placed on the property did not allow for the construction of the fuel center; the second condition stated that “No access will be allowed to Electric Road (Route 419) except the extension of Braeburn Drive shall be allowed;” there has been an existing right in and right out access point onto Route 419 for many years, and the request is to remove this condition as it is not applicable to the development at this time; and WHEREAS, Sean Horne of Balzer and Associates, representing the lessee, appeared before the Council explaining the rezoning request; he noted that Dwayne Tutt with Kroger Company was also in attendance at the meeting; the request is to amend two proffered conditions for the existing site; in 1979, there were ten or twelve conditions placed on the development, and they are requesting to amend two of those this evening to permit the fuel center to be constructed; the current zoning is HBD Highway Business District, and this will remain the same; the first condition is to add the use of a fuel center or gasoline station to the proffered conditions for the site; the second condition is a little bit of cleanup; the original condition stated “no access will be allowed to Electric Road (Route 419) except the extension of Braeburn Drive shall be allowed; ” there has been an existing right in and right out access point on Route 419 for quite some time, and so they are proposing this condition be removed as it is not applicable to the development at this time; and with this condition, they are proposing a “right in only” turn on the Jersey Lily’s property just to the north of where the fuel center is being proposed; he further noted that Kroger has identified this site as their next opportunity for a fuel center; they have an aggressive growth plan that they are trying to achieve, and they have targeted this store as a good opportunity to add a fuel center; and WHEREAS, Councilman Jones inquired about the total number of gas pumps to be placed; and WHEREAS, Mr. Horne stated that five (5) pumps would be placed; and WHEREAS, Councilwoman Johnson inquired as to the height of the retaining wall to be built; and WHEREAS, Mr. Horne stated that he believes the wall is to be between six feet to eight feet at its highest point; he noted that he is not positive on the height, but the wall is to be in the six-foot range; and 3 WHEREAS, Councilwoman Garst inquired about the provisions for the overflow of traffic to the property; and WHEREAS, Mr. Horne stated that there will be a concrete median installed as you come in off the main entrance on Electric Road that will direct traffic well into the site before you can actually turn into the fuel center; and WHEREAS, a discussion was held regarding the traffic overflow, current entrance/exit and proposed entrance to the site; and WHEREAS, it was noted that Jersey Lilly’s Restaurant supports the additional proposed entrance to the site; and WHEREAS, no other person(s) appeared related to the request; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance rezoning the property of Ridgewood Improvements, LLC, and MPW Group, LLC, property owners, for rezoning three parcels located at 1923 & 1951 Electric Road and 1650 Braeburn Drive (Tax Map #’s 284-1-2.2, 284-1-2.3, & 284-1-2) from HBD Highway Business District with conditions to HBD Highway Business District with amended conditions was hereby passed on first reading – 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 and consider ordinance on first reading regarding the request of Danny Ray and Charlene G. Guard, property owners, for rezoning the property located at 925 Delaware Street (Tax Map #185 -11-11) from HBD Highway Business District to RSF Residential Single Family District; notice of such hearing was published in the July 9 and 16, 2014, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its July 16, 2014, regular meeting recommended approval of request; and WHEREAS, staff noted the following: the existing lot with home is 50 feet by 150 feet and is currently zoned HBD; the owners wish to rezone to RSF in order to sell the property; because of the current zoning, the single family residence is grandfathered, and any potential purchaser who attempts to obtain a residential mortgage cannot acquire a loan; the request is similar to several ITEM 2 ORDINANCE PASSED ON FIRST READING REZONING 925 DELAWARE STREET FROM HBD TO RSF 4 that the Commission has considered over the years and is a matter of bringing the zoning into compliance with the current land use; and WHEREAS, Rob Robinson of 329 West Main Street, realtor representing the property owners, appeared before the Council explaining the rezoning request; he noted that potential purchasers are not able to get a loan due to the business zoning; so, the owners would like to rezone so that they can sell their property as a residence; and WHEREAS, no other person(s) appeared related to the request; ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, an ordinance rezoning the property of Danny Ray and Charlene G. Guard, property owners, for rezoning the property located at 925 Delaware Street (Tax Map #185-11-11) from HBD Highway Business District to RSF Residential Single Family District was hereby passed on first reading – 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 Commerce Investors, LLC, property owner, and R & R Athletics LLC, lessee, for the issuance of a Special Exception Permit to allow athletic instruction services on the property located at 1354 Boulevard-Roanoke (Tax Map #196-5-3); notice of such hearing was published in the July 9 and 16, 2014, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its July 16, 2014, regular meeting recommended approval of request; and WHEREAS, staff noted the following: the subject property consists of one parcel of approximately 4.27 acres and is located on the Boulevard near its intersection with Route 419 Electric Road; the property is occupied by a large multi-tenant industrial facility of approximately 66,350+ square feet, comprised of eight (8) suites; the request is for a Special Exception Permit for athletic instruction services; with the high ceilings in the warehouse area, the property owner believes the proposed use “is an appropriate use of the property and would be beneficial to the overall tenant mix…;” and the proposed tenant will occupy one of the suites; and ITEM 3 SPECIAL EXCEPTION PERMIT APPROVED TO ALLOW ATHLETIC INSTRUCTION SERVICES ON THE PROPERTY LOCATED AT 1354 BOULEVARD- ROANOKE (T/M 196-5-3) 5 WHEREAS, Crystal Reeves of 1843 Redwood Road, Roanoke, member of R & R Athletics LLC, lessee, appeared before the Council explaining the Special Exception Permit request; Ms. Reeves noted that they would like to open a form of fitness instruction called Crossfit, which has become really popular over the last few years; they feel this building will be a really good location in Salem, and in addition, the high ceilings will work well for their athletic instruction; 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 Commerce Investors, LLC, property owner, and R & R Athletics LLC, lessee, for the issuance of a Special Exception Permit to allow athletic instruction services on the property located at 1354 Boulevard-Roanoke (Tax Map #196-5-3) 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 hold a public hearing to consider amending Chapter 106, Article II District Regulations, Sections 106- 218.2(B)(7) and 106-220.2(B)(7) of The Code of the City of Salem, Virginia, pertaining to aviation facilities; notice of such hearing was published in the July 9 and 16, 2014, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its July 16, 2014, regular meeting recommended approval of request; and WHEREAS, staff noted the following: this request is to amend Chapter 106, Article II District Regulations, Sections 106-218.2(B)(7) and 106-220.2(B)(7) pertaining to aviation facilities; currently the city’s zoning ordinance only allows aviation facilities by Special Exception Permit in HBD Highway Business District and BCD Business Commerce District; it was noted in conducting research it came to staff’s attention that the use of aviation facilities is allowed only in our HBD Highway Business District and BCD Business Commerce District; aviation facilities use group allows for not only the takeoff and landing of aircraft, it also allows the operation of, the fueling of, repair and storage of these crafts as well; these uses may be more suited in industrial districts in some cases, and staff requests that it be added to the light manufacturing and heavy manufacturing districts by Special Exception so that the appropriateness is determined on a case by case basis; and ITEM 4 ORDINANCE PASSED ON FIRST READING AMENDING CHAPTER 106, ARTICLE II DISTRICT REGULATIONS, SECTIONS 106- 218.2(B)(7) AND 106- 220.2(B)(7) OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO AVIATION FACILITIES 6 WHEREAS, no other person(s) appeared related to the amendment; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance amending Chapter 106, Article II District Regulations, Sections 106-218.2(B)(7) and 106-220.2(B)(7) of The Code of the City of Salem, Virginia, pertaining to aviation facilities was hereby passed on first reading – 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 request to accept and appropriate the Byrne Justice Assistance Grant; and WHEREAS, Councilman Jones, Vice Chair of Council’s Audit-Finance Committee, reported that the Committee reviewed the request to appropriate Byrne Justice assistance grant funds; the City of Salem Sheriff’s Office was awarded a grant in the amount of $1,336; the grant is to be used to purchase a computer; a $148 cash match is required; this amount is available in the Fiscal Year 2015 Sheriff’s Department operating budget; the Committee recommends approval of the appropriation request; ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, the request to accept and appropriate the Byrne Justice Assistance Grant 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 appointments to fill vacancies on various boards and commissions; ON A MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, Sam Carter, III and Dee King were hereby reappointed to the Planning Commission and NPDES Citizens Committee for four-year terms, said terms will expire July 31, 2018 – 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 6 SAM CARTER, III AND DEE KING REAPPOINTED TO PLANNING COMMISSION AND NPDES CITIZENS COMMITTEE ITEM 5 ORDINANCE ADOPTED WITH EMERGENCY PROVISIONS APPROPRIATING FUNDS FOR THE 2014-2015 BUDGET 7 Councilman Jones commended the Civic Center staff, and the Salem Police Department for a successful Salem Fair this year; he also commended the Parks and Recreation Department for its participation in entertaining 100+ softball teams this week. There being no further business to come before the Council, the same on motion adjourned at 7:48 p.m.