HomeMy WebLinkAbout7/27/2009 - City Council - Minutes - RegularUNAPPROVED MINUTES
CITY COUNCIL WORK SESSION
July 27, 2009
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
July 27, 2009, 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, a discussion was held concerning the performance review process of the City
and Assistant City Managers; and
WHEREAS, a discussion was held concerning the Greenway groundbreaking to be held at
11:00a.m. on Friday, July 31, 2009 at Rotary Park; and
WHEREAS, a discussion was held concerning real estate assessments regarding new
construction and building permits only; and
WHEREAS, a discussion was held concerning water rates and meeting with
customers/citizens; 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.
Mayor
Clerk of Council
UNAPPROVED MINUTES
COUNCIL MEETING
July 27, 2009
A regular meeting of the Council of the City of Salem, Virginia, was held in
the Council Chambers, City Hall, 114 North Broad Street, on July 27, 2009, 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, City Engineer; Mike
Stevens, Communications Director; and Stephen M. Yost, City Attorney; and the
following business was transacted:
The July 13, 2009, work session minutes and regular meeting minutes
were approved as written.
The report by the City Manager of the City’s activities for June 2009 was
received and ordered filed.
Mayor Foley stated that with Council’s approval, item number two on the
agenda will be moved to item number three.
Mayor Foley reported that this date and time had been set to hold a
public hearing to consider the request of Peter R. and Vivian D. Fields, property
owners, for the issuance of a Special Exception Permit to allow general and
medical offices on the property located at 303/305 South Colorado Street (Tax
Map #121‐10‐4) with a voluntarily proffered condition; notice of such hearing
was published in the July 8 and 15, 2009, issues of The Roanoke Times, a
newspaper having general circulation in the City of Salem; and
WHEREAS, the Planning Commission at its regularly scheduled meeting
held July 15, 2009, recommended approval of said request; and
WHEREAS, staff noted the following: the subject property consists of one
parcel, located on the west side of South Colorado Street, south of Boulevard;
the property is approximately 75 feet wide and 65 feet deep; it is currently
occupied by a 1,612‐square‐foot general office building; this request is for a
Special Exception Permit to allow both general and medical offices in RMF; the
applicant has voluntarily proffered the exclusion of outpatient mental health and
substance abuse clinics; the existing office building was constructed in 1964; at
that time, professional offices were allowed by right in the R‐3 zoning under the
previous zoning ordinance; the Special Exception Permit will bring the zoning
ITEM 1
SPECIAL
EXCEPTION
PERMIT
APPROVED WITH
CONDITION TO
ALLOW GENERAL
AND MEDICAL
OFFICES ON THE
PROPERTY
LOCATED AT
303/305 SOUTH
COLORADO
STREET (TAX MAP
#121‐10‐4)
2
into conformance with the existing general office use, but medical offices do not
currently exist at the site; this property is partially located within the 500‐year
flood zone; and
WHEREAS, Peter R. Fields of 6416 North Barrens Road, Roanoke,
property owner, appeared before the Council and stated that he purchased the
property in 2003 under R‐3 zoning; he stated that the building was built in 1960s
as an office building and has always been operated as an office building; he
stated that he is not requesting a change of use of the building; he further stated
that when the zoning classifications were changed, the property became a non‐
conforming use; therefore, a Special Exception Permit is needed to continue to
operate the building as an office building; and
WHEREAS, Vice‐Mayor Givens inquired as to the specifics of the proffered
conditions; and
WHEREAS, Mr. Yost responded that the conditions were located in the
minutes and in Mr. Fields letter of June 22nd to the Planning Commission that
would allow medical use but outpatient mental health and substance abuse
clinics would be excluded; and
WHEREAS, Karen Conner, 426 North Market Street, Salem, appeared
before the Council and questioned how the property was rezoned; she stated
that she is in support of the request; and
WHEREAS, Melinda Payne, Director of Planning and Economic
Development, stated that in 2003 the City’s Comprehensive Plan was
redeveloped and along with that some zoning changes were made; she further
stated that these changes were made by looking at future land use and that is
how that designation was determined; She explained that the noncompliance of
the existing use of the property in question was discovered when an additional
business was to be added; and
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILMAN JONES, AND DULY CARRIED, the request of Peter R. and Vivian D.
Fields, property owners, for the issuance of a Special Exception Permit to allow
general and medical offices on the property located at 303/305 South Colorado
Street (Tax Map #121‐10‐4) with voluntarily proffered condition was hereby
approved – the roll call vote: all – aye.
Mayor Foley reported that this date and time had been set to hold a
3
public hearing and consider an ordinance on first reading rezoning the property
located at 555 Boulevard‐Roanoke (Tax Map #146‐5‐7) from RSF Residential
Single Family District to RB Residential Business District; notice of such hearing
was published in the July 8 and 15, 2009, issues of The Roanoke Times, a
newspaper having general circulation in the City of Salem; and
WHEREAS, the Planning Commission at its regular meeting held July 15,
2009, recommended approval of the request; and
WHEREAS, staff noted the following: the subject property consists of one
parcel, located on the north side of Boulevard‐Roanoke, near the intersection
with 4th Street; the property is approximately .13 acres; it is currently occupied
by a single family residence; this request is to rezone the property to RB
Residential Business District to allow a consulting business; and
WHEREAS, Rebecca Horton of 419 Boulevard‐Roanoke, contract
purchaser, appeared before the Council and stated that she would like to
relocate her small private regulatory consulting office to this location; she
further stated that they have two full‐time and two part‐time employees and
their client base is not local; it is all from outside the area, California, New York,
Florida, or different locations; she continued by stating there would not be any
additional foot traffic at this location; she lives on Roanoke Boulevard so she has
no interest in changing the community atmosphere; she does not intend to put
up any signs; and
WHEREAS, Councilwoman Johnson inquired if currently there is adequate
parking in the back of the building for the business; and
WHEREAS, Ms. Horton responded in the affirmative, stating that the
property immediately to the west actually shares the driveway entrance from
Boulevard back to the alley way and she has spoken to the property owner and
he does not have any problems with it; there will only be two, maybe three cars
there at any given time and there is sufficient area behind the house; and
WHEREAS, Vice‐Mayor Givens confirmed that there would not be any
type of sign on the property; and
WHEREAS, Councilwoman Garst requested that Ms. Payne list the uses
allowed in the Residential Business District; and
WHEREAS, Ms. Payne responded that an accessory apartment, family day
care, home occupations, manufactured homes, multi‐family dwelling, residential
ITEM3
DENIED REQUEST
TO REZONE THE
PROPERTY
LOCATED AT 555
BOULEVARD‐
ROANOKE (TAX
MAP #146‐5‐7)
FROM RSF TO RB
4
human care facility, single‐family dwelling, a townhouse, under civic uses,
administrative services, cultural services, public parks and recreation areas,
religious assembly, financial institutions, general offices, antique shops, day care
centers, homestay inns, personal services, studio, fine arts, amateur radio tower,
utility services, single‐family dwelling attached, and two‐family dwelling,
educational facilities, medical offices and clinics, and retail sales are allowed; and
WHEREAS, Councilman Jones confirmed that asphalt will not be placed in
the front yard; and
WHEREAS, Councilwoman Garst redirected Ms. Payne that if the property
owner decided to sell the property the zoning would stay with the property and
is not unique to the property owner; and
WHEREAS, Ms. Payne answered affirmatively; and
WHEREAS, Bill Wallace, of 349 Pennsylvania Avenue, appeared before
Council and stated that the area is primarily residential and five years ago a
gentleman wanted to change a single‐family dwelling to a business about the
time of the new comprehensive plan; he further stated that is was pretty well
decided by members of this group that the Boulevard would stay as it is; he
stated that the businesses that were there would stay there, but they would not
expand; there would not be anymore lots or buildings that would be changed to
business; and so everybody in this area calls this area the upper bottom, or
“upbo”, and would like to keep that all single‐family, and there is no reason to
change a single‐family dwelling to a business in that area; he continued that it
matches up to everything that Salem is doing, particularly with the schools that
they are within walking distance and that allowing a business would permanently
alter the neighborhood and he is against the request; and
WHEREAS, John Miller, of 340 Pennsylvania Avenue, appeared before
Council and stated that he was in opposition of the request because the zoning
ordinance states that the intent of Residential Business is the integration of
residential and commercial uses to benefit the neighborhood, and he
understands that two neighbors would benefit from the rezoning; the seller and
the purchaser of the property; he further stated that the rest of the
neighborhood would not be well served nor the City; and
WHEREAS, Ms. Horton replied that her initial intent for applying for
rezoning was for compliance with the City’s comprehensive plan, and the
Boulevard is residential but it is quite a mix and what is proposed would be much
less intrusive than some other options, and right across from the property there
5
is a car repair lot, pizza restaurant, and a laundrymat, as well as dental clinics and
medical clinics further up the Boulevard; it is not all single residential families
and what is proposed would not be detrimental at all; and
WHEREAS, Councilman Jones asked if the property had already been
purchased or is it based on this rezoning; and
WHEREAS, Ms. Horton replied that the property is going to be purchased
the commitment has been made; and
WHEREAS, Vice‐Mayor Givens asked if the rezoning was approved could
the condition be set that if the business vacated the property the zoning would
revert back to RSF; and
WHEREAS, Mr. Yost responded that type of proffered condition would
not be enforceable; and
WHEREAS, Councilwoman Garst asked if there was the option of
withdrawal and then a special use requested; and
WHEREAS, Mr. Yost responded that a special use would not apply in this
situation; and
WHEREAS, a motion by Vice Mayor Givens to approve the rezoning failed
passage;
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY
COUNCILWOMAN GARST, AND DULY CARRIED, the request to rezone the
property located at 555 Boulevard‐Roanoke (Tax Map 146‐5‐7) from RSF
Residential Single Family District to RB Residential Business District was hereby
denied ‐‐ the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W.
Johnson – aye, John C. Givens – nay, and Byron Randolph Foley – aye.
Mayor Foley reported that this date and time had been set to hold a
public hearing to consider an ordinance on first reading rezoning the property
located at 20 McClung Street (Tax Map #87‐7‐5) from RSF Residential Single
Family District to CUD College and University District; notice of such hearing was
published in the July 8 and 15, 2009, issues of The Roanoke Times, a newspaper
having general circulation in the City of Salem; and
WHEREAS, the Planning Commission at its regular meeting held July 15,
ITEM2
DENIED REQUEST
TO REZONE THE
PROPERTY
LOCATED AT 20
McCLUNG STREET
(TAX MAP #87‐7‐5)
FROM RSF TO CUD
6
2009, recommended approval of said request; and
WHEREAS, staff reported the following: the subject property consists of
one parcel, located along Red Lane, south of the intersection with McClung
Street; the property is approximately 40,000 sq. ft.; it is currently occupied by a
14‐unit residential apartment complex; it should be noted that the previous
owner contacted the college about purchasing the property; the college did not
seek out this property; this request is to rezone the property from RSF to CUD to
allow it to be used for student housing under the auspices of Roanoke College;
the applicants have submitted a site plan to expand and renovate the existing
parking area, to improve the overall aesthetics of the property and better
accommodate parking; ultimately, the college’s goal is to bring more students
into a campus‐style environment and remove the students from rental
properties throughout the city; the existing apartment complex is surrounded by
residential properties, and many of these home owners have expressed concern
over increased traffic and noise; and the City has requested that the college
bring all of its properties under the College and University District designation;
and
WHEREAS, Teresa Gereaux, Director of Public Relations for Roanoke
College, appeared before Council in support of the rezoning request; she noted
that the former owners of the property approached the college with an offer to
sell the building in the fall of 2008; it is their understanding that the property is
currently zoned single family residential; at the request of the City of Salem, they
are now asking to rezone the property to CUD College and University District to
bring this property into compliance with other college‐owned property; when
this request was raised before the Planning Commission three issues were
raised; first: stormwater drainage; the research indicates that this property is
not in a floodway, although it is close to the floodway; negative impact on
stormwater in the neighborhood is not anticipated; second: increased traffic,
with no additional apartment units and better parking; a significant traffic
increase is not expected; lastly: a resident appearing before the Planning
Commission requested that the College offer a proffered condition that a large
facility would never be built on this site; while the College understands the
concerns of the neighbors, the ability to use the property in the future cannot be
restricted; and
WHEREAS, Dolores Smith of 433 Red Lane appeared before Council in
opposition to the request and she stated that the storm drains are a major
problem, that water runs down Red Lane and Mount Vernon and congregates at
the bottom with nowhere to go because the storm drain at the bottom of Red
Lane is only five feet long and cannot handle such runoff; she further stated that
7
traffic flies up and down the street starting on Thursday and continuing to
Sunday and that Red Lane looks like Interstate 81; and anyone parking along the
street will block traffic; and
WHEREAS, Mayor Foley asked if these problems would still exist without
the rezoning; and
WHEREAS, Ms. Smith responded yes these problems are preexisting; and
WHEREAS, Whitney Leeson of 212 North Broad Street appeared before
Council in opposition to the request stating that she was also a professor at
Roanoke College as well as a resident, and has three concerns; first, she asks that
the rezoning not occur until the College can describe the type of facility they
intend to build, secondly, the residents of Broad Street are not fearful of
development, just bad development and the statement of intent of the College
and University zoning district allows great flexibility in development standards
and such language only increases the unease of neighboring property owners
and it is feasible to imagine that a three‐or‐four story dormitory would
eventually be constructed; she further stated that her third concern was the
rationale of at least two of the Planning Commission members justifying the
voting for rezoning this property, for instance, as stated by the member(s), if a
property is owned by Roanoke College and it sits adjacent to Roanoke College
than it can be rezoned to the College University District; in her opinion, this
rationale sets a very dangerous precedent; and
WHEREAS, Sandy Garden of 336 North Broad Street appeared before
Council in opposition of the request stating that Roanoke College has been a
great asset and partner for and with the City of Salem but he has two concerns
besides stormwater drainoff and possible decline in property values; one is
traffic and two is future use; there are several intersections that three‐way stop
signs would be appropriate and would alleviate a lot of the traffic problems; he
continued by stating he had no problem with Roanoke College’s current use as
the building is now student‐residential apartments but what about future use; if
the property is rezoned the College may build almost any size academic building
or dormitory; and
WHEREAS, Councilwoman Garst inquired of Mr. Taliaferro, in regards to
those three‐way stop signs, is that something that can be looked at; and
WHEREAS, Mr. Taliaferro responded, generally for speed control three‐
way stop signs are not used due to visibility issues; and
8
WHEREAS, Van Gresham of 327 North Broad Street appeared before
Council in opposition of the request stating that Roanoke College has been a part
of his life for more than fifty years and Broad Street is one of the oldest
neighborhoods in Salem; he further stated that he did not want any further
encroachment onto Broad Street, Market Street, and High Street; that the old
neighborhoods should be preserved for the citizens of Salem; and
WHEREAS, Mayor Foley reiterated the question as to how did some of
the property get rezoned CUD; and
WHEREAS, Mr. Taliaferro explained that with the Comprehensive Plan
review of 2003 the zoning ordinance was completely revised, changing all the
zoning districts which meant recreating the zoning map; individually changing
each parcel; he further stated that as required by state law, the changes were
advertised and mailers were sent allowing Salem citizens to review the changes
and comment; and
WHEREAS, Ms. Karen Conner reappeared questioning the procedure if
Roanoke College wanted to build a building; and
WHEREAS, Ms. Payne replied that in order to build a facility, a site plan
must be submitted, zoning verified, and then City Staff reviews what is being
presented; and
WHEREAS, Ms. Conner asked how would she know, as a citizen, that a
dorm would not be built directly behind her that will overlook the neighborhood
because of the hill; and
WHEREAS, Ms. Payne responded that there are zoning laws in effect that
restrict such development; that educational facility buildings shall be set back a
minimum of thirty feet and can go up as far as forty‐five feet in height; however,
the maximum height can go up to a total of seventy feet but every foot above
the maximum, the building must be set back an additional foot so that would be
an additional twenty five foot setback; because of the creek, additional parking
and the required setback, to construct a building in excess of the maximum
would be practically impossible; and
WHEREAS, Steven Moushegian of 220 North Broad Street appeared
before Council in opposition to the request and stated that the property can be
occupied as is and the rezoning should wait until the College can provide further
details; and
9
ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY VICE‐
MAYOR GIVENS, AND DULY CARRIED the request to rezone the property located
at 20 McClung Street (Tax Map #87‐7‐5) was hereby 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 requested that Council consider appointments to fill
vacancies on various boards and commissions;
ON MOTION MADE BY COUNCIL MEMBER JONES, SECONDED BY VICE
MAYOR GIVENS, AND DULY CARRIED, Bruce N. Thomasson was hereby
reappointed to the Planning Commission for a four‐year term, said term will
expire August 28, 2013 ‐‐ the roll call vote: all – aye.
ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY
COUNCILWOMAN JOHNSON, AND DULY CARRIED, Kelly Dalaski was hereby
appointed to the Community Policy and Management Team and Mike Crew was
hereby appointed to the Community Policy and Management Team as an
alternate for Kelly Dalaski ‐‐ the roll call vote: all – aye.
WHEREAS, Councilwoman Garst stated that the Salem YMCA hosted the
Roanoke Valley Aquatic Association City/County swim meet being the 2nd year
here, and the event was run by Mark Johnson and his staff at the YMCA and led
with Alan Criss, a Salem resident; those individuals and their teams did an
outstanding job with improvements over last year’s event and it was a real credit
to our area that event was held here and she would like to thank everyone
involved for their efforts; and
WHEREAS, Vice‐Mayor Givens stated that Council wanted to thank Pete
Dybdahl for his work with The Roanoke Times this past year in covering the
Council meetings; and Council wishes him the best in his move to New York; and
Neil Harvey will be his replacement; and
There being no further business to come before the Council, the same on
motion adjourned at 8:47 p.m.
ITEM 4
BRUCE N.
THOMASSON
REAPPOINTED TO
PLANNING
COMMISSION;
KELLY DALASKI
APPOINTED TO
CPMT AND MIKE
CREW APPOINTED
TO CPMT AS AN
ALTERNATE FOR
KELLY DALASKI