HomeMy WebLinkAbout2/22/2010 - City Council - Minutes - RegularUNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
February 22, 2010
A work session of the Council of the City of Salem, Virginia, was held in the City
Manager’s Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, on February 22,
2010, at 6:30 p.m., there being present all the members of said Council, to wit: Byron Randolph
Foley, John C. Givens, Jane W. Johnson, William D. Jones, and Lisa D. Garst; with Byron
Randolph Foley, Mayor, presiding; together with Kevin S. Boggess, City Manager; James E.
Taliaferro, II, Assistant City Manager and Clerk of Council; and Frank P. Turk, Director of
Finance; and the following business was transacted:
Mayor Foley reported that this date, place, and time had been set in order for the
Council to hold a work session; and
WHEREAS, the Director of Finance discussed water and sewer rates; and
WHEREAS, the City Attorney discussed conservation easements; and
WHEREAS, a discussion was held regarding conservation easements; 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 7:17 p.m.
Mayor
Clerk of Council
UNAPPROVED MINUTES
COUNCIL MEETING
February 22, 2010
A regular meeting of the Council of the City of Salem, Virginia, was held in
Council Chambers, City Hall, 114 North Broad Street, on February 22, 2010, at
7:30 p.m., there being present all the members of said Council, to wit: Byron
Randolph Foley, John C. Givens, Jane W. Johnson, William D. Jones, and Lisa D.
Garst; with Byron Randolph Foley, Mayor, presiding; together with Kevin S.
Boggess, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk
of Council; Frank P. Turk, Director of Finance; Melinda J. Payne, Director of
Planning and Economic Development; Charles E. Van Allman, Jr., City Engineer;
Mike Stevens, Communications Director; and Stephen M. Yost, City Attorney;
and the following business was transacted:
The February 8, 2010, regular meeting minutes were approved as
written.
The report by the City Manager of the City’s activities for January 2010
was received and ordered filed.
The report by the Director of Finance of the City’s financial status for a
seven-month period ending January 31, 2010, was received and ordered filed.
Mayor Foley reported that the order of the items on the agenda would
be adjusted in an effort to allow person(s) who need to leave prior to the end of
the meeting an opportunity to do so.
Mayor Foley requested that Council receive a presentation from Beth
Doughty, Executive Director, Roanoke Regional Partnership, regarding the 2009
Annual Report; and
WHEREAS, Beth Doughty, Executive Director, Roanoke Regional
Partnership (Partnership), appeared before the Council to discuss the 2009
Roanoke Regional Partnership Annual Report; she stated that there are three
areas the Partnership works in—business recruitment, image building, and asset
development; she stated that business recruitment/business activity was bad
everywhere in 2009, more so in the second half of 2009; she stated that overall
business recruitment/activity was down approximately 25 percent in 2009; she
stated that information assistance increased 125 percent in 2009; VEDP (Virginia
Economic Development Partnership), a state economic development
organization, is part of the “funnel” of projects that come s to the Partnership;
she further stated that the majority of the biggest and best project s will go
ITEM 1
PRESENTATION
FROM BETH
DOUGHTY,
EXECUTIVE
DIRECTOR,
ROANOKE
REGIONAL
PARTNERSHIP,
REGARDING 2009
ANNUAL REPORT
2
through VEDP, which is why the Partnership has made it a priority to have the
best possible relationship with VEDP; she discussed the Salem portion of the
report; she stated that projects in Salem were up 50 percent in 2009, overall
inquiries were down, and overall prospects were down; she stated that Salem
did not have as bad of a year in 2009 as the region overall in terms of activity;
she stated that there was a change in the type of businesses the Partnership
worked with in 2009—more energy, consultant, information technology, data
center, and warehousing and distribution projects; she further discussed other
aspects of the report, the importance of image building, the Partnership’s
website, etc.; and
WHEREAS, Councilman Jones questioned how the first six weeks of 2010
compared with the first six weeks in 2009; and
WHEREAS, Ms. Doughty stated that the Partnership has been very busy,
mostly in February; she stated that the Partnership currently has five active
projects; and
WHEREAS, Councilwoman Johnson questioned if valley-wide events are
being listed in publications; and
WHEREAS, a discussion was held regarding upcoming articles/”stories”
concerning the Roanoke Valley; how information was disseminated to
businesses, etc.;
THEREUPON, said presentation was received.
Mayor Foley reported that this date and time had been set to hold a
public hearing in accordance with Section 98 -94 of The Code of the City of Salem,
Virginia, to consider the issuance of Certificates of Public Convenience and
Necessity for the next twelve (12) months beginning April 1, 2010; the public
hearing was set at the January 25, 2010, meeting; notice of such hearing was
advertised in the February 8, 2010, issue of The Roanoke Times, a newspaper
having general circulation in the City of Salem; and
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, Certificates of Public Convenience
and Necessity for the operation of public vehicles (taxicabs) within the City of
Salem are hereby issued to the following for the year beginning April 1, 2010:
Yellow Cab Services, Inc. for forty (40) vehicles; Salem Taxi for six (6) vehicles;
Quality Transportation Company for five (5) vehicles; and Delivery Boys, Inc. for
ITEM 3
CERTIFICATES OF
PUBLIC
CONVENIENCE
AND NECESSITY
ISSUED FOR THE
NEXT TWELVE
MONTHS
BEGINNING APRIL
1, 2010
3
one (1) vehicle -- the roll call vote: Lisa D. Garst – aye, William D. Jones – aye,
Jane W. Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye.
Mayor Foley requested that Council consider approval of the
Memorandum of Understanding for the Roanoke Area Criminal Justice
Information Network Agreement (RACJIN); and
WHEREAS, Salem Police Chief Jeff Dudley appeared before the Council to
explain the proposal—Salem has joined forces with Roanoke City, Vinton, and
Roanoke County and some have received some state grants through the
Department of Criminal Justice Services to get the project started; he stated that
the records management systems will be tied together so that if something is
queried in Salem, it also will run a check in Roanoke City, Roanoke County, and
Vinton as well; he further stated that the Tidewater area and Danville currently
utilize the system and it has been very productive; he stated that he hopes to
include other localities in the network as the project moves forward; and
WHEREAS, Councilman Jones questioned the cost of the project; and
WHEREAS, Chief Dudley stated that the grant funding received so far is
approximately $600,000; the cost to the City of Salem so far has been $11,000 ;
he stated that year three and four have not been paid for yet and will cost
approximately $8,000 per year; he further stated that Salem’s portion has been
funded through drug asset forfeiture money;
ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, the Memorandum of
Understanding for the Roanoke Area Criminal Justice Information Network
Agreement (RACJIN) was hereby approved -- the roll call vote: Lisa D. Garst –
aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – aye, and
Byron Randolph Foley – aye.
Mayor Foley requested that Council consider adopting Resolution 1154
closing Main Street on September 11, 2010, for Olde Salem Days festivities; and
WHEREAS, Skip Lautenschlager, Salem Rotary Club, appeared before
Council in support of the resolution to close Main Street on September 11, 2010,
for Olde Salem Days festivities;
ITEM 5
MEMORANDUM
OF UNDER-
STANDING FOR
THE RACJIN
APPROVED
ITEM 6
RESOLUTION 1154
ADOPTED
CLOSING MAIN
STREET ON
SEPTEMBER 11,
2010, FOR OLDE
SALEM DAYS
FESTIVITIES
4
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY VICE
MAYOR GIVENS, AND DULY CARRIED, Resolution 1154 closing Main Street on
September 11, 2010, for Olde Salem Days festivities was hereby adopted:
(HERE SET OUT RESOLUTION 1154)
-- the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson
– aye, John C. Givens – aye, and Byron Randolph Foley – aye.
Mayor Foley requested that Council consider postponing the March 22,
2010, Council meeting and work session to Tuesday, March 23, 2010, due to the
Andrew Lewis presentation to the Governor in Richmond, Virginia; and
WHEREAS, the City Manager stated that City Council members have been
invited to attend the presentation of the bust of General Andrew Lewis to the
Governor for display in the Capital Building, which is scheduled for Monday,
March 22, 2010;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, the March 22, 2010, Council meeting
and work session was postponed to Tuesday, March 23, 2010, due to the
Andrew Lewis presentation to the Governor in Richmond, Virginia -- the roll call
vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C.
Givens – aye, and Byron Randolph Foley – aye.
Mayor Foley requested that Council consider appointments to fill
vacancies on various boards and commissions;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, Dale P. Lee and Bruce Porter
were hereby reappointed to the Industrial Development Authority of the City of
Salem for four-year terms, said terms will expire March 9, 2014; and Gary L.
Eanes was hereby recommended for reappointment to the Board of Zoning
Appeals for a five-year term, said term will expire March 20, 2015 -- the roll call
vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C.
Givens – aye, and Byron Randolph Foley – aye.
Mayor Foley reported that this date and time had been set to hold a
public hearing and consider an ordinance on first reading rezoning the property
ITEM 2
DENIED REQUEST
OF VALLEY
PROPERTIES, LLC
AND L&M
PROPERTIES, LLC,
PROPERTY
OWNERS, FOR
REZONING THE
PROPERTIES
LOCATED AT 250
AND 316
BRAXTON AVENUE
AND TWO
PARCELS IN THE
800 BLOCK OF
HARRISON
AVENUE FROM
RSF TO LM
ITEM 7
MARCH 22, 2010,
MEETING AND
WORK SESSION
POSTPONED UNTIL
MARCH 23, 2010,
DUE TO ANDREW
LEWIS
PRESENTATION IN
RICHMOND
ITEM 8
DALE P. LEE AND
BRUCE PORTER
REAPPOINTED TO
IDA; GARY L. EANES
RECOMMENDED
FOR
REAPPOINTMENT
TO BZA
5
of Valley Properties, LLC and L & M Properties, LLC, property owners, for
rezoning the properties located at 250 and 316 Braxton Avenue and two parcels
in the 800 block of Harrison Avenue (Tax Map Numbers 73-3-1, 2, & 3, and 84-2-
1) from RSF Residential Single Family District to LM Light Manufacturing District;
notice of such public hearing was published in the February 3 and 10, 2010,
issues of The Roanoke Times; and
WHEREAS, the Planning Commission at its meeting held February 10,
2010, recommended approval of said request; and
WHEREAS, staff noted the following: the subject property consists of
four parcels, generally along the east side of Braxton Avenue between Elam
Drive and Harrison Avenue; the properties are mostly former residential lots and
total approximately 2.18 acres; the lots are currently vacant; this request is to
rezone these properties to allow construction of an employee parking area and a
truck-loading area; if approved, the lots will be combined, along with Tax Map #s
84-2-2 and 73-3-4, as well as a portion of an unopened alley for which there is a
separate request, to form the parking and loading area; the proposed plan shows
a 10-foot landscaping strip along Braxton Avenue and Elam Drive to help buffer
the parking area; smaller landscaping areas will be installed along Harrison
Avenue and adjacent to other properties; in accordance with Section 106-400,
the applicants will be required to submit a site plan to the city for review prior to
any construction occurring on the site; the applicants may also be required to
install storm water management on the site; future expansion of the parking and
loading areas, or expansion of the stormwater management are as may occur on
the southern end of the site; if this occurs, a site plan may be required at that
time; and
WHEREAS, Maryellen F. Goodlatte of Glenn Feldmann Darby &
Goodlatte, representing the property owners, appeared before the Council in
support of the rezoning request; she stated that John Lipscomb and David
McCray, owners, are also present at the meeting; she stated that Mr. Lipscomb
and Mr. McCray own the large warehouse facility that formally housed Stuart -
McGuire, Home Shopping Network, and now a number of smaller tenants; she
stated that they also own lots adjacent to the warehouse; she stated that the
property owners are requesting that four of the adjacent lots be rezoned from
RSF to LM so that the lots can be used to provide safe parking and access for
employees and trucks using the warehouse; she presented and explained the
concept plan to Council; she stated that except for the residential properties
across Braxton Avenue and Elam Drive, the other properties adjoining the parcel
are all zoned LM; she further stated that the property owners need to construct
loading docks on the western side of the warehouse in order to serve tenants on
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that side of the building; she stated that the warehouse facility is approximately
540,000 square feet; however, it lacks loading areas and parking areas to serve
tenants on the western side of the building; currently loading docks and
employee parking areas are located off of Brand Avenue, which work well for the
eastern and southern sides of the large building, but are not acceptable for
tenants wanting space in the western or northern side of the building; she stated
that the lack of loading and parking areas for the western and northern sides of
the building makes over 200,000 square feet of the building ess entially
unmarketable; she stated that the rezoning request is not just an enhancement
to the building, it is also essential; she further stated that she knows that a
number of commercial brokers familiar with the building have sent letters
emphasizing the critical need to solve the parking and truck loading problems in
order to make space in the northwestern section of the warehouse marketable;
she stated that one letter notes that a prospect that would have created around
65 jobs, took the site off of its list because the parking and truck loading facilities
were not acceptable; she stated that there are a number of prospects the
owners have lost due to the inadequate parking and truck docking facilities in
the northern end of the building; she discussed how the current economy affects
how the building is marketed, the types of tenants interested in the building,
what is needed to make the building more marketable, etc.; she stated that
access to the parking lot would be only from Harrison Avenue—there will be no
access from Braxton Avenue; a landscape buffer yard would run along Harrison,
Braxton, and Elam; she further stated that last Friday evening John Lipscomb and
she met with neighbors and Councilwoman Garst was also present at the
meeting; she stated that a perimeter landscape plan developed by Lumsden and
Associates was presented at the meeting; she stated that the plan depicts a 25-
foot landscape buffer along Braxton Avenue and Elam Drive; the plantings are
principally fast-growing evergreen with deciduous trees for interest and variety;
behind the 25-foot landscape buffer, a six-foot high board-on-board fence will be
installed; the landscaping will be on the neighborhood side of the fence creating
an attractive border for the neighborhood; she stated that a neighborhood sign
would be provided and would be constructed and placed at the intersection of
Harrison Avenue and Braxton Avenue; she further stated that the landscape plan
shown to the neighbors, which is the one being presented to Council, would be
voluntarily proffered as a condition of the rezoning; she stated that the owners
have submitted written proffers to Council, which include compliance with the
landscape plan; she stated that the owners also included other proffers based on
concerns raised by neighbors on Friday; she discussed the proffers offered by the
owners: 1. the property will be used only for parking, ingress, egress, truck
loading, and/or storm water management facilities (if required); no more than
80 parking spaces shall be developed on the property; access to and from the
property shall be only from Harrison Avenue; 2. perimeter landscape buffering
7
for the property will be done in substantial conformity with the conceptual
landscape buffer plan and sign sketch for Valley Properties, LLC and L&M
Properties, LLC made by Lumsden Associates, P.C., dated February 16, 2010,
subject to such changes as may be required by the City of Salem during site plan
review; 3. Between the hours of 11:00 p.m. and 7:00 a.m., trucks shall not be
permitted to use the loading docks which will be created and accessed via the
property; 4. all lighting near residential property lines shall be shielded “cut off”
types to internalize illumination and avoid spillover to adjacent residential
properties and public roads; and 5. until such time as a signed letter of intent
from a potential tenant or user of the adjacent warehouse is received by the
owner of the property, no site plan for the development of the property shall be
submitted to the City of Salem by the owner of the property; she stated that the
Planning Commission has recommended Council approve the request
unconditionally without any limitations imposed on the property by the proffers;
she further stated that the Planning Commission did not seek any of the proffers
currently being offered by the owners and the recommendation of the Planning
Commission is very much appreciated; she stated that the owners want to do
everything possible to be responsive to neighbors’ concerns while still being able
to assure prospective tenants that close parking and adequate loading docks
would be available for use; she asked that Council approve the rezoning request
with the proffered conditions; she stated that the property owners and Kevin
Barnes with Lumsden and Associates are available to answer any questions; and
WHEREAS, Wayne Harris and Gertrude Harris, 239 Braxton Avenue,
appeared before the Council opposed to the request; she stated that she has
lived at her residence since 1945, she worked for the City of Salem in the Parks
and Recreation Department for 23 years and retired in 1987; she stated that she
and her neighbors love living in their community and have worked very hard to
keep the community a wonderful place to live; she asked that the neighbors of
the Braxton Heights Community to stand; she asked Council to deny the request
to rezone the four lots from RSF to LM; she questioned why additional parking
and loading docks were needed because there are 155 parking spaces near the
main entrance on Brand Avenue; she stated that she does not feel that the
owners are utilizing the parking that is already available for the building; she
further stated that Council heard a similar request in 1987 and the Council at
that time were very kind and demonstrated its support for the neighborhood to
be free of disruptions caused by industrial and commercial establishments; she
stated that the lots requested to be rezoned are in close proximity to many of
the homes located on Braxton Avenue and Crystal Drive; she further stated that
if the lots are rezoned, there will be an increase in traffic and noise in the
neighborhood, which will disturb the peace and quiet of the neighborhood, as
well as the feeling of security and safety of the neighborhood; she stated that
8
she loves to sit on the front porch of her house and talk to her neighbor in the
morning; neighbors like to walk around the neighborhood; she stated that if the
property is rezoned, it will change everything in the neighborhood; she asked
Council to support the Braxton Heights neighborhood and allow them to
continue to live in their single family district; she thanked Council for listening to
her; and
WHEREAS, Edward Hrinyz, 238 Braxton Avenue, appeared before the
Council; he stated that he believes that everyone in the room can agree that
creating new jobs in the City, particularly in the current economy, would be a
good thing; he stated that he also believes that placing a parking lot and a truck
loading zone in a residential neighborhood would be detrimental to the
neighborhood; he stated that no one would want truck loading docks as close to
their home as Mr. Lipscomb is proposing to build close to his home; he stated
that is what Council has to decide—how to balance what is good for the
community with what is good for a neighborhood; he stated that Mr. Lipscomb
led the Planning Commission to believe that not only is the rezoning request the
best way to attract new customers for that portion of the building, it was the
only way; he further stated that Mr. Lipscomb has stated that he has exhausted
every avenue to rent the space; he disagrees and believes he has a better plan
which will maintain the integrity of the neighborhood and help Mr. Lipscomb
rent the facility; he asked Council to deny the rezoning request which will
encourage the petitioners to explore other options; he passed out visual aids to
Council and the petitioners and explained his ideas as to why the property has
not been able to attract new tenants (poor upkeep of parking lots, etc.); he again
asked Council to deny the rezoning request and make the petitioners clean up
the property in an attempt to attract new tenants; he thanked Council for their
time; and
WHEREAS, Shermaine Greenhowe, 812 Elam Drive, appeared before the
Council and stated that she is currently the only person who lives on Elam Drive;
she stated that there used to be other homes around her, but once Stuart
McGuire and then Home Shopping occupied the building, the homes were
moved; she stated that you enter her driveway, you see the back of her home;
she stated that she hears noise at 2 and 3 in the morning where trucks are being
loaded; she stated that she lives alone and she has concerns about what
rezoning this property would do the neighborhood; she further stated that times
are getting dangerous and when you bring in new people, you do not know what
you are bringing in; she stated that her grandmother built the home she lives in
back in 1967 and she has personally owned the home for 23 years; she stated
that she was born in Philadelphia and she would never go back there to live
because she loves Salem; she further stated that when people come to visit, they
9
talk about how beautiful and quiet the neighborhood is; she stated she is
concerned about the increase of truck traffic and trash that would happen if the
property was rezoned; she thanked Council for listening to her; and
WHEREAS, Jo Ann Hale, 728 Harrison Avenue, appeared before the
Council and stated that she built her home in 1992 and shortly thereafter the
City placed curbing along the front and side of her home; she stated that after
the curbing was placed, the tractor trailers would pull up in front of her home,
start to back up, and would back up over the curb into her yard, and then back
down Braxton Avenue; she stated that the curbing is starting to break and crack
from the tractor trailers; she further stated that she agrees with what has
already been said—she doesn’t think it would be appropriate to put a parking lot
where it is proposed; and
WHEREAS, Mayor Foley questioned if the truck traffic was from the
warehouse only, or was it from VDOT also; and
WHEREAS, Ms. Hale stated that the truck traffic is from the warehouse
only; she stated that VDOT does not turn around near her home; and
WHEREAS, Maxine Joiner Wright, 1705 Lonna Drive, Roanoke, appeared
before Council representing her mother Parthena Joiner who lives at 729 Crystal
Drive; she stated that her mother’s property is adjacent to the property
requested to be rezoned; she stated that she grew up in the neighborhood; she
stated that she is concerned about the lighting associated with the proposed
parking lot; she questioned how many lights would be located in the parking lot
and on the building, how the lights would be angled, etc.; she questioned how
the proposed development would affect insects and the rodent population; she
also questioned if an environmental study had been done to see how the
proposed changes for noise, light, and exhaust would impact the neighborhood;
she stated that it is a nice, quiet neighborhood, and the residents enjoy their
neighborhood; she asked Council to deny the request for rezoning and asked
Council members to consider if they would like to have the proposed parking lot
next door to their homes; and
WHEREAS, Dustin Cupp, 238 Braxton Avenue, appeared before the
Council and stated that when he asked several of his co-workers what were
three things they thought of when they heard of Salem, they responded with the
following: 1. amazing ability to remove snow from the roads, 2. diffe rent
sporting events, and 3. residential opportunities—Salem is a place to raise a
family and it’s a place to retire; he stated that he asked approximately 15 to 20
people the same question, and none of them said the industrial and commercial
10
opportunities that were provided in Salem; he further stated that for every
Yokohama and GE manufacturing-type facility in Salem, there is a Home
Shopping, Valleydale, and Rowe Furniture type facility that has either gone out
of business or decided to leave the City of Salem; he discussed the employment
rate decreases/increases by the top employers located in the City of Salem; he
stated that the petitioner stated that there was a potential lessee that would
hire approximately 65 employees and was a textile manufacturer; he further
stated that he looked up what the textile industry was projected to do through
the Virginia Employment Commission and found that from 2006 to 2016, the VEC
projected a 22.69 percent decline in western Virginia alone; the western Virginia
area includes the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke,
and the cities of Covington, Roanoke, and Salem; he discussed other statistics
regarding the textile and manufacturing industry; he further stated that he feels
the petitioner should keep the parcels zoned RSF and build approximately four
homes on the parcels in order to generate guaranteed revenue for the City; he
presented Council with a petition signed by 40 members of the neighborhood
opposed to the rezoning; he requested that conditions be placed on the property
if Council approves the rezoning request; he requested that a condition be that
no truck loading docks could be placed on the parcels request ed to be rezoned
and no trucks be allowed to enter the facility after normal business hours; he
further requested that if Council decides to approve the rezoning request, the
parking area on East Main Street should be deeded back to the City of Salem by a
conservation easement so that the area can be returned to a green space to
replace a green space that will be taken away; he cited areas of the City’s
Comprehensive Plan that support his views; he further stated that the neighbors
are opposed to the rezoning request; and
WHEREAS, Emily Whiteside, 716 Crystal Drive, appeared before the
Council and stated that this is the first time she has lived in Salem, she grew up in
Franklin County; she stated that she is opposed to the rezoning request; she
stated that the wooded lots could stay as they are, could become a park, or
could turn into homes for families; she asked Council to deny the rezoning
request; and
WHEREAS, Lewis Barker, 324 North Broad Street, appeared before the
Council and stated that he and his father have owned a house at 233 Braxton
Avenue for almost 24 years and one of the selling points for renting the home is
the quiet neighborhood; he stated that the proposed 25-foot buffer is not
enough for a 500,000 square foot warehouse; he stated that he feels that what is
currently in place is what is best for the neighborhood and does not support the
rezoning request; and
11
WHEREAS, Maryellen Goodlatte reappeared before the Council and asked
John Lipscomb, one of the property owners, to appear before Council to discuss
the layout of the building and how parking relates to the bui lding, etc.; and
WHEREAS, John Lipscomb appeared before the Council to address a few
of the concerns from the neighbors; he stated that the project has been
approached with trepidation because of its close proximity to a residential
neighborhood; he stated that the project was planned with Lumsden and
Associates so that there would not be additional traffic on Braxton Avenue or
Elam Drive; he further stated that they have tried to be sensitive to the needs of
the Braxton Heights residents and he respects everything that has been said; he
went on to discuss the parking needs for the property, the upgrades that have
been done to the building, the need for additional truck docks, the concerns of
the neighbors, etc.; and
WHEREAS, Maryellen Goodlatte reappeared before the Council and
stated that Council may have questions, but she wanted Mr. Lipscomb to be able
to “walk” Council through the schematic of the building and why the docks and
parking lot were needed; she stated that the lots requested to be rezoned would
provide parking and access to the building and that the additional docks
themselves would be attached to the building, which is already zoned LM; and
WHEREAS, Mayor Foley questioned the total number of functional docks
currently located at the entire facility; and
WHEREAS, Mr. Lipscomb stated that there are approximately 35 or so
docks; he stated that some are not full docks; and
WHEREAS, Mayor Foley questioned how many parking spaces are
currently located on the property; and
WHEREAS, Mr. Lipscomb stated that he did not know an exact number;
he would use Ms. Harris’ figures; and
WHEREAS, Wayne Harris stated that there were 155—55 spaces are by
the main entrance to the building, 80 across the street on Brand, and the
number of spaces on the old Oakey field area were not counted; and
WHEREAS, Councilman Jones questioned the number of docks that could
be used at one time; and
WHEREAS, a discussion was held regarding loading docks; and
12
WHEREAS, Councilman Jones questioned who would maintain the
proposed sign, fence, and landscaping; and
WHEREAS, Mr. Lipscomb stated that the petitioners would maintain the
fence and landscaping; and
WHEREAS, a discussion was held regarding adjacent property presently
zoned LM that is not owned by the petitioners, ligh ting, truck traffic, security,
configuration of the building, stormwater management, etc.; and
WHEREAS, Maryellen Goodlatte reappeared before the Council and
further reiterated the conditions the petitioners are willing to proffer, and how
the petitioners are trying to be respectful of the surrounding neighborhood, etc.;
and
WHEREAS, Maxine Joiner Wright reappeared before the Council to again
ask Council to deny the rezoning request; and
WHEREAS, Maryellen Goodlatte reappeared before the Council after the
initial motion and second were given to request that Council let the petitioners
know if Council believes that additional work needs to be done so that an
opportunity can be given to work on what Council believes needs work; etc.; she
further stated that if the rezoning request is denied, the petitioners cannot come
back before Council with a request for a long period of time, which is not
particularly a good thing for a piece of property to be placed in “limbo”; she
asked that Council deliberate openly so that the petitioners will have a chance to
understand where Council may be heading; and
WHEREAS, Mayor Foley stated that there has been a motion and a
second and questioned if the petitioners would like to withdraw before there
was a vote; and
WHEREAS, Ms. Goodlatte stated that the petitioners do not wish to
withdraw their request, but may be interested in asking Council to consider the
request if there are concerns from the majority of Council that the request is not
yet at the point where Council feels comfortable approving the request; and
WHEREAS, Councilman Jones reiterated his motion;
ON MOTION MADE BY COUNCILMAN JONES, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, the request of Valley Properties,
LLC and L & M Properties, LLC, property owners, for rezoning the properties
13
located at 250 and 316 Braxton Avenue and two parcels in the 800 block of
Harrison Avenue (Tax Map numbers 73-3-1, 2, and 3, and 84-2-1) from RSF
Residential Single Family District to LM Light Manufacturing District was here by
denied – the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W.
Johnson – aye, John C. Givens – aye, and Byron Randolph Foley – aye.
Mayor Foley reported that this date and time had been set to hold a
public hearing and consider Resolution 1153 appointing viewers to vacate and
close a certain remaining portion of a 10 foot +/- alley located at the intersection
of Braxton Avenue across from Crystal Drive; notice of such public hearing was
advertised in the February 4 and 11, 2010, issues of the Salem Times Register, a
newspaper published and having general circulation in the City of Salem; and
WHEREAS, Maryellen Goodlatte appeared before the Council and stated
that this is a “paper” alley which is being requested to be vacated; she stated
that the property on either side of the alley is owned by the same owner; and
WHEREAS, Wayne Harris, 3704 Lake Drive, SW, Roanoke, appeared
before the Council and stated that he grew up at 239 Braxton Avenue; he stated
that he has a question regarding the alley; he stated that he is not aware of any
remnants of an alley being located in the area; he questioned if the alley that is
requested to be closed is simply on a map, a paper alley, but does not exist; and
WHEREAS, it was noted that it is a paper alley that is being requested to
be closed;
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, Resolution 1153 appointing
viewers to vacate and close a certain remaining portion of a 10 foot +/- alley
located at the intersection of Braxton Avenue across from Crystal Drive was
hereby adopted:
(HERE SET OUT RESOLUTION 1153)
-- the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson
– aye, John C. Givens – aye, and Byron Randolph Foley – aye.
There being no further business to come before the Council, the same on
motion adjourned at 9:30 p.m.
ITEM 4
RESOLUTION 1153
ADOPTED
APPOINTING
VIEWERS TO
VACATE AND
CLOSE A CERTAIN
REMAINING
PORTION OF A 10
FOOT +/- ALLEY
LOCATED AT THE
INTERSECTION OF
BRAXTON AVENUE
ACROSS FROM
CRYSTAL DRIVE