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HomeMy WebLinkAbout8/25/2008 - City Council - Minutes - RegularUNAPPROVED MINUTES CITY COUNCIL WORK SESSION August 25, 2008 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, at 6:30 p.m., on August 25, 2008, 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, it was noted that Liz Belcher was also present at the work session to discuss the Greenway; and WHEREAS, a discussion was held regarding the Intergovernmental Agreement for the Greenway; Ms. Belcher stated that the 12-year sunset runs out in 2009; she stated that a draft revision is out and needs to be adopted prior to 2009; a discussion was also held regarding the Regional Greenway Plan Adoption; Ms. Belcher stated it should be adopted as part of the comprehensive plan; a discussion was also held regarding an appointment to replace Jim Phipps on the Greenway Commission; Councilwoman Garst suggested better advertising for openings on various boards and commission; and WHEREAS, a discussion was held regarding e-mail accounts for Council members; and WHEREAS, a discussion was held regarding a date and time for Council to tour the Art Museum; and WHEREAS, there was no other topics for discussion. There being no further business to come before the Council, the work session was adjourned at 7:15 p.m. Mayor Clerk of Council UNAPPROVED MINUTES COUNCIL MEETING August 25, 2008 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 August 25, 2008, 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 William C. Maxwell, Assistant City Attorney; and the following business was transacted: The minutes of the regular meeting of August 11, 2008, were approved as written. The report by the City Manager of the City’s activities for the month of July 2008 was received and ordered filed. Mayor Foley requested that Council receive a presentation from Gideon’s International – Salem Craig County Gideon Camp; and WHEREAS, Bob Meadows, 345 Walters Drive, Christiansburg, Virginia, and Jim Whitlow, 733 Kenyon Road, Vinton, Virginia, appeared before the Council and presented Mayor Foley with a leather-bound Gideon Bible, and presented Vice Mayor Givens and the other members of Council with cards stating that two Gideon Bibles had been placed in honor of their service to the City of Salem; and WHEREAS, Councilwoman Garst asked Mr. Meadows how many active members there are in the Salem Craig County Gideon Camp; and ITEM 1 PRESENTATION FROM GIDEON’S INTERNATIONAL – SALEM CRAIG COUNTY CAMP RECEIVED 2 WHEREAS, Mr. Meadows stated that there are 37 active members in the camp itself, plus there are auxiliary members also; THEREUPON, said presentation was received. Mayor Foley reported that this date and time had been set to hold a public hearing to consider the request for the issuance of a Special Exception permit to allow a used car sales lot on two parcels located in the 600 block of West Fourth Street (Tax Map #’s 143-1-11 & 12); and WHEREAS, the Clerk of Council reported that notice of such public hearing had been published in the August 7 and 14, 2008, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission of the City of Salem at its regular meeting held August 13, 2008, recommended approval of said request; and WHEREAS, staff noted the following: the subject property consists of two parcels located at the intersection of Wilson Street and Fourth Street; the property is currently zoned HBD; the northern lot is approximately 50 feet wide by 170 feet deep, and the triangular portion along Fourth Street is approximately 13,200 square feet; both are currently vacant; the applicants state that they plan to have a small office and garage on the property; they also state they will not perform any “major work” on vehicles at the site; two related requests were submitted to and considered by both the Planning Commission and City Council in April of 2008; the first request, for rezoning from RSF to HBD, of an adjacent parcel along Wilson Street was denied by the Council; the second request, for a special exception permit for all three parcels to allow the operation of a used automobile dealership, was also denied by the Council; this request is considered separate from the previous two because it does not involve the northern-most parcel and relates only to those zoned HBD; according to Sec. 106-310.3 Use and Design Standards for Automobile dealerships, used: “Outdoor display areas in ITEM 2 SPECIAL EXCEPTION PERMIT APPROVED TO ALLOW A USED CAR SALES LOT ON TWO PARCELS LOCATED IN THE 600 BLOCK OF WEST FOURTH STREET (TAX MAP #’S 143-1-11 & 12) 3 conjunction with automobile sales shall be constructed of the same materials required for off-street parking areas as required by section 106-404 of this chapter;” since currently there is no paved lot, the applicant will be required to install one prior to displaying vehicles for sale; in accordance with Section 106 - 400 the applicant will be required to submit a site plan to the city for review prior to any development occurring on the site; and the applicant may also be required to install storm water management on the site; and WHEREAS, James W. Ferguson of 9212 Bent Mountain Road, Bent Mountain, Virginia; and Kevin Ferguson of 10215 Benton Mountain Road, Bent Mountain, Virginia, appeared before the Council and stated that this is the second time they have been before Council with this request; James Ferguson stated that the Planning Commission has approved the request both times; he stated that he feels the reason the request was turned down the last time was because of the request to rezone the third lot; he stated that he does not have anything new to say to Council, but he would answer any questions; and WHEREAS, Vice Mayor Givens questioned the plans for the third lot currently zoned residential; and WHEREAS, James Ferguson stated that the lot will stay residential and that they do not have plans to develop the lot at this time; and WHEREAS, Vice Mayor Givens questioned if the lot would be kept mowed, or would it be paved also; and WHEREAS, James Ferguson stated that they would keep the lot mowed and that the lot would not be paved; and WHEREAS, Councilwoman Garst questioned if James Ferguson and Kevin Ferguson would be the operators on-site daily with the business; and WHEREAS, James Ferguson stated that he and Kevin Ferguson would be on-site daily; and 4 WHEREAS, Councilman Jones questioned if the entire lot would be paved; and WHEREAS, James Ferguson stated that water run-off is a concern; therefore, some of the property may not be able to be paved; he further stated that the area where the buffer will be located will not be paved; he stated that he does not know exactly what has to be done on the property, only that part of the property has to be paved; and WHEREAS, the City Engineer stated that Mr. Ferguson would have to comply with the City’s storm water management regulations; specifically some type of small storm water retainment pond, underground retainment, or infiltration system; he stated that he cannot determine exactly what needs to be done without specific plans, but normally when you go from groundcover that is mainly grass to pavement, some type of mitigation has to be done; and WHEREAS, Mayor Foley stated that the development would have to comply with the City’s landscaping ordinance; and WHEREAS, the Assistant City Manager stated that the development would also have to comply with the Urban Forest Overlay regulations; and WHEREAS, Mayor Foley questioned the number of vehicles the lot will hold after the requirements are met; and WHEREAS, James Ferguson stated that he did not know at this time, but it would be however many would fit; and WHEREAS, Kevin Ferguson stated that they would have to have at least 10 “spots” available in order to obtain a dealership license, and there would be well over 10 “spots” available on the lot; and WHEREAS, Councilwoman Garst questioned where the entrances onto the property would be located; and WHEREAS, James Ferguson stated that the entrances would be located on Fourth Street; he stated that there are already entrances located on the 5 property; and WHEREAS, Kevin Ferguson stated that an entrance is already located on Wilson Street; and WHEREAS, Mayor Foley questioned if the ordinance specifies the type of automobile repair work that can be performed at the business; and WHEREAS, the Assistant City Attorney stated that the ordinance does not specify the type of work that can be performed; and WHEREAS, James Ferguson stated that the property is not large enough for them to be able to perform major repairs on vehicles; he further stated that they will be able to detail vehicles, but that is about it; and WHEREAS, Councilman Jones questioned the type of lighting that will be used on the property; and WHEREAS, James Ferguson stated that the development would comply with the City’s guidelines on the lighting on the property; and WHEREAS, no other person(s) appeared related to this request; and WHEREAS, Vice Mayor Givens stated that he does not feel that this is the best use of this property; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the request for the issuance of a Special Exception permit to allow a used car sales lot on two parcels located in the 600 block of West Fourth Street (Tax Map #’s 143-1-11 & 12) was hereby approved -- the roll call vote: Lisa D. Garst – aye, William D. Jones – aye, Jane W. Johnson – aye, John C. Givens – nay, and Byron Randolph Foley - nay. Mayor Foley reported that this date and time had been set to hold a public hearing to consider the request for the issuance of a Special Exception permit to allow a college/university on the property located at 2159-2163 Apperson Drive (Tax Map #281-1-2); and ITEM 3 SPECIAL EXCEPTION PERMIT APPROVED TO ALLOW A COLLEGE/ UNIVERSITY ON THE PROPERTY LOCATED AT 2159- 2163 APPERSON DRIVE (TAX MAP #281-1-2) 6 WHEREAS, the Clerk of Council reported that notice of such public hearing had been published in the August 7 and 14, 2008, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission of the City of Salem at its regular meeting held August 13, 2008, recommended approval of said request; and WHEREAS, staff noted the following: the subject property consists of one parcel located on Apperson Drive; the property is currently zoned BCD and contains various medical offices and a call center; the property is approximately 19.5 acres; this request is for a special exception permit to allow the operation of a four-year college; the applicants state that they plan to lease approximately 18,000 square feet to ITT Technical Institute; Business and Trade Schools are listed in Section 160-216.2 as a by-right use within the BCD zoning district; however, in Section 106-602.9 Business and Trade Schools are defined as “a use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as an educational facility, either primary and secondary, or college and university;” since ITT plans to award four-year bachelor degrees, they are classified as a college by the definition found in Section 106-602.5 and require a special exception permit to operate at this location; normally colleges are only allowed within the CUD zoning district, and this request would be for a rezoning; however, since this building contains multiple commercial uses incompatible with the CUD zoning, a Special Exception Permit is being requested to allow ITT to operate at this location; and WHEREAS, Richard Wellford of Poe & Cronk Real Estate Group, 10 South Jefferson Street, Suite 1200, Roanoke, Virginia, representing the property owner, appeared before the Council to explain the request; he stated a technical school is permitted in the current zoning, but because ITT Technical Institute offers a four-year degree, a special exception permit is required in order for them to 7 operate in the current zoning; he further stated that this is a compatible use and is a win-win situation; he stated that ITT will be a good tax revenue for Salem as well as a good educational resource for the area residents; and WHEREAS, Councilwoman Garst stated that the letter submitted with the request for the special exception permit stated that only 18,000 square feet in the center of the building would be utilized by ITT Technical Institute; she stated that she would like for the special exception permit to apply to only the 18,000 square feet needed by ITT and not the other 25,000 square feet of vacant space; she stated that if there was a need for expansion, that it would need to come back before Council; and WHEREAS, Mr. Wellford questioned what concern Councilwoman Garst has; and WHEREAS, Councilwoman Garst stated that her concern is that it is unknown what type of businesses might be going into the vacant portion of the building; therefore, it is unknown what the parking situation will be on the property; and WHEREAS, Mr. Wellford stated that the developer would consider Councilwoman Garst’s request; he stated that the current agreement with ITT states that it would be able to expand as needed; he further stated that the building and parking lot limitations will definitely come into consideration at that time; and WHEREAS, a discussion was held regarding the need for ITT to expand in the future, parking available, etc.; and WHEREAS, the Clerk of Council stated that the special exception permit, if approved, would apply to the entire parcel as it is presented, which means that instead of having the commercial use in the area, it would potentially go to an all educational use; and 8 WHEREAS, Vice Mayor Givens stated that he feels that ITT Technical Institute would be a great addition to Salem; he stated that he also agrees with Councilwoman Garst’s concerns; and WHEREAS, the Clerk of Council stated that the request is for 19.5 acres, the entire parcel, not for the space that will be utilized by ITT; and WHEREAS, Mr. Wellford stated that the actual square footage is somewhere between 18,000 and 19,000 square feet; he stated that the exact square footage has yet to be determined; and WHEREAS, Mayor Foley asked the City Manager to clarify the ramifications if a special exception permit was granted for the entire parcel; and WHEREAS, the City Manager stated that if a special exception permit was approved for the entire parcel it would essentially take commercial property and turn it into an educational use which reduces the potential tax revenue that can be generated from the site; he stated that essentially, if the request is approved, the site currently generating revenue based on commercial/ office type of uses would be turned into an educational use, there is a potential for a loss of revenue as a result of locating a college on the site; he stated that Council would like to limit the use so that a college could not take over the entire 20-acre site and displace all of the commercial use potential on the site; he further stated that even though part of the site is currently vacant, the question is what is the potential of the site and what is the highest and best use of the site, which is Council’s concern; and WHEREAS, a discussion was held regarding the City’s Zoning Ordinance and the use of the property for a technical school being a “by right” use as it is currently zoned, etc.; and WHEREAS, the City Manager stated that ITT is different than a technical school as defined and this is the opportunity for Council to try and establish some control or limitation to the growth of the college; he stated that the 9 question is how much ITT will be able to expand in the future ; he stated that the 18,000+ square feet that ITT is currently negotiating to lease, plus an additional 25,000 square feet available, is the additional 25,000 square feet the limit for expansion by ITT or will it be able to grow beyond that; and WHEREAS, Mr. Wellford stated that he cannot answer that question; he stated that he believes that if ITT is widely successful, it will want to grow; he further stated that if the only way for this project to move forward is to place a limitation on the use of the property, then that is what has to be done; he stated that otherwise, he doesn’t feel that ITT will even move to Salem; he stated that he is not even sure if ITT will still be interested in the property if the square footage it limited because Council is essentially “boxing” them in; and WHEREAS, Councilwoman Garst questioned if there was another space in the City that would accommodate ITT; and WHEREAS, Mr. Wellford stated that ITT has looked at other properties, but the property on Apperson Drive was the only site in Salem; he further stated that ITT did not realize the current zoning would require a special exception permit in order to operate on the property; he stated that it was discovered after the interest in the property was established; and WHEREAS, Mayor Foley questioned if Mr. Wellford would proffer that the special exception permit would apply to only the 19,000 square feet of space ITT would occupy and not the entire 19-acre parcel; and WHEREAS, no other person(s) appeared related to this request; ON MOTION MADE BY COUNCILWOMAN GARST, SECONDED BY COUNCILMAN JONES, AND DULY CARRIED, the request for a special exception permit to allow a college/university on the property located at 2159-2163 Apperson Drive (Tax Map #281-1-2) was hereby approved for 19,000 square feet of the building -- the roll call vote: all – aye. 10 Mayor Foley reported that this date and time had been set to hold a public hearing to consider amending Chapter 106, Article II District Regulations, Section 106-202.3(B)(1) and 106-208.3(B)(1) of The Code of the City of Salem, Virginia, pertaining to side yard requirements; and WHEREAS, the Clerk of Council reported that notice of such public hearing had been published in the August 7 and 14, 2008, issues of The Roanoke Times, a newspaper having general circulation in the City of Salem; and WHEREAS, the Planning Commission of the City of Salem at its regular meeting held August 13, 2008, recommended approval of said amendment; and WHEREAS, staff noted the following: this request is to amend Section 106-202.3(B)(1) and 106-208.3(B)(1) to clarify the side yard setback requirements; currently the side yard requirement is: Side Yard: Any side yard shall be a minimum of ten percent of lot width. However, total side yards shall not be required to exceed 25 feet. The proposed new language is: Side Yard: Any side yard shall be a minimum of ten percent of lot width. However, under no circumstances shall either side yard be required to exceed 25 feet; and WHEREAS, the Clerk of Council stated that when the City’s zoning ordinance was originally adopted, the intent was to limit the requirement being placed on developers and builders so that the side yards would not exceed 25 feet on any given side; he stated that currently the zoning ordinance states that you need a minimum of 10 percent, but on a large lot with a large width, the side yard could easily exceed the 25-feet on some lots; as the code is written, it does not reflect the City’s intent; he stated that as it is currently written, it could be interpreted that the side yard could be a total of 25 feet on both sides; he further stated that the amendment clarifies the language in the Code; and WHEREAS, Councilwoman Garst questioned if the changes were specific to residential development; and ITEM 4 ORDINANCE PASSED ON FIRST READING AMENDING CHAPTER 106, ARTICLE II DISTRICT REGULATIONS, SECTION 106- 202.3(B)(1) AND 106.208.3 (B)(2) OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO SIDE YARD REQUIREMENTS 11 WHEREAS, the Clerk of Council stated that the changes apply to residential development only; and WHEREAS, Vice Mayor Givens asked for clarification of the changes; and WHEREAS, the Clerk of Council stated that a lot is not required to have a side yard of more than 25 feet; he stated that if there was a large lot and someone wanted to have more than 25 feet, it is allowed, but the City cannot require them to have a side yard of more than 25 feet; and WHEREAS, no other person(s) appeared related to the request; ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN GARST, AND DULY CARRIED, an ordinance entitled, “AN ORDINANCE TO AMEND, REVISE, AND REORDAIN CHAPTER 106, ARTICLE 11 DISTRICT REGULATIONS, SECTION 106-202.3(B)(1) AND 106-208.3(B)(1) OF THE CODE OF THE CITY OF SALEM, VIRGINIA, PERTAINING TO SIDE YARD REQUIREMENTS,” was passed on first reading -- the roll call vote: all – aye. Mayor Foley requested that Council consider appointments to fill vacancies on various boards and commissions; THEREUPON, no action was taken. Mayor Foley requested that Council consider setting bond for physical improvements and erosion and sediment control for the West Salem Shopping Center project; and WHEREAS, Vice Mayor Givens, Chairman of Council’s Audit-Finance Committee, reported that the Committee reviewed the performance bond for physical improvements and erosion and sediment control for the West Salem Shopping Center project and recommends setting bond at $903,856 with a time limit of twenty-four (24) months for completion; ITEM S1 BOND AND TIME LIMIT SET FOR THE WEST SALEM SHOPPING CENTER PROJECT ITEM 5 NO ACTION TAKEN 12 ON MOTION MADE BY VICE MAYOR GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, the performance bond for physical improvements and erosion and sediment control for the West Salem Shopping Center project was hereby set at $903,856 with a time limit of twenty - four (24) months for completion -- the roll call vote: all – aye. There being no further business to come before the Council, the same on motion adjourned at 8:05 p.m.