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Home My WebLink About4/25/2022 - City Council - Agenda -Regular City Counci l Meeting AGENDA Monday, April 25, 2022, 6:30 P M Work S es s io n 6:00 P.M. C ouncil C hambers C onference R oom, C ity Hall, 114 North Broad S treet, S alem, Virginia 24153 R egular S ession 6:30 P.M. C ouncil C hambers , C ity Hall, 114 North Broad S treet, S alem, Virginia 24153 WORK SE SSI ON A M E N D E D A G E N D A 1.C all to Order A.Roll Call 2.New Business A.Discussion I tems Technology Update - Patrick Morton 3.Adjournment RE GU L AR SE S SI ON 1.C all to Order 2.Pledge of Allegiance 3.Bid Openings, Awards, Recognitions 4.C onsent Agenda A.Citizen Comments C omments from the public, limited to five minutes, on matters not already having a public hearing component that same meeting. T he following have signed up to speak at this meeting: 1) J ohn Breen - 142 Bogey Lane - New ways and missing in action B.Minutes C onsider acceptance of the April 8, 2022 Budget Presentation and April 11, 2022 Work Session and Regular Meeting minutes. C .F inancial Reports C onsider acceptance of the Statement of Revenues and Expenditures for the nine months ending March 31, 2022. 5.Old Business 6.New Business A.Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for rezoning the property of MO Salem, LLC , property owner and Midland Atlantic Properties, property owner's management affiliate, located at 1923 Electric Road and 1951 Electric Road (Tax Map # 284-1-2.2 and Tax Map # 284-1-2.3) from HBD with conditions to HBD with amended conditions to allow retail sales. (Advertised in the April 7 and 14, 2022 issues of the Salem Times-Register). Planning Commission recommends approval; see page 5 of Planning Commission minutes. STA F F REP O RT B.Vacation of Right of Way Hold public hearing and consider adoption of Resolution 1423 appointing viewers to consider permanently vacating and disposing of an approximate .137 acres of an unopened alley situated in the center of Salem Iron and Metal between Indiana Street and Florida Street. (As advertised in the April 7 and 14, 2022 issues of the Salem Times-Register). C .Roanoke Regional Airport Commission C onsider approval of the Roanoke Regional Airport Commission budget for the fiscal year 2022-2023. D.E mergency Medical Serv ices Agency C onsider Resolution 1424 allowing Western-Star Hospital Authority, Inc. dba Metro Health EMS to establish a Transport Medical Services Agency. E.Resolution Authorizing the Renaming of a Section of High Street Between Clay Street and P eery Driv e C onsider Resolution 1425 authorizing the renaming of a section of High Street in the heart of the Roanoke C ollege campus between C lay Street and Peery Drive to Maxey Way.- SUPPLEMENTAL IT EM 7.Adjournment Item #4B Date: 4/25/2022 Schedule A Current Year Current Year % of Prior Year Budget Year to Date Budget Year to Date Variance Revenues: Beginning Balance 7-1-21 2,302,373$ -$ 0%-$ -$ General Property Taxes 40,605,600 16,255,315 40%15,737,954 517,362 Other Local Taxes 22,027,515 18,313,408 83%15,276,952 3,036,456 Permits and Licenses 337,800 318,892 94%235,597 83,295 Fines and Forfeitures 61,000 64,535 106%37,241 27,294 Revenue from Use of Money and Property 867,809 488,003 56%355,051 132,952 Charges for Services 3,357,271 2,329,326 69%2,043,665 285,662 Payment in Lieu of Taxes from Electric Fund 3,160,000 3,160,000 100%3,160,000 - Payment in Lieu of Taxes from Water Fund 181,000 135,142 75%134,643 499 Miscellaneous Revenue 374,914 314,966 84%213,949 101,018 Non-Categorical Aid 3,688,907 766,285 21%823,919 (57,634) Shared Expenses 1,558,777 1,003,278 64%913,581 89,697 Categorical Aid 8,198,669 5,342,374 65%9,059,591 (3,717,217) Non-Revenue Receipts 68,721 68,719 0%13,090 55,629 Total Revenues 86,790,356 48,560,244 56%48,005,232 555,013 Expenditures: General Government 7,455,630 5,143,638 69%5,461,950 (318,312) Judicial Administration 2,475,695 1,823,042 74%1,763,773 59,270 Public Safety 18,867,499 13,767,494 73%13,577,494 190,000 Public Works 11,771,854 6,763,435 57%11,496,364 (4,732,929) Health and Welfare 5,177,833 3,326,505 64%3,386,416 (59,912) Education 23,971,731 19,618,795 82%19,185,814 432,981 Parks, Recreation and Cultural 6,440,129 4,169,877 65%3,842,596 327,281 Community Development 2,853,195 2,155,339 76%2,423,163 (267,824) Non-Departmental 6,366,275 3,892,058 61%4,253,850 (361,792) Contingency 1,310,515 - 0%- - Contingency for Economic Dev. Opportunities 100,000 - 0%- - Total Expenditures 86,790,356 60,660,183 70%65,391,420 (4,731,237) Revenues Over/(Under) Expenditures -$ (12,099,939)$ (17,386,189)$ 5,286,250$ City of Salem, Virginia General Fund Statement of Revenues and Expenditures For Nine Months Ending March 31, 2022 Item #4C Date: 4/25/2022 Schedule B 0 50000 100000 150000 200000 250000 300000 350000 400000 450000 500000 550000 600000 650000 700000 750000 800000 850000 900000 950000 1000000 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Sales Tax Summary For Fiscal Years 2019 -2022 FY2019 FY 2020 FY 2021 FY 2022 Schedule C 50000 100000 150000 200000 250000 300000 350000 400000 450000 500000 550000 600000 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Meals Tax Summary For Fiscal Years 2019 -2022 FY2019 FY2020 FY2021 FY2022 Schedule D 0 25000 50000 75000 100000 125000 150000 175000 200000 225000 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June City of Salem Lodging Tax Summary For Fiscal Years 2019 -2022 FY2019 FY2020 FY 2021 FY2022 City of Salem, Virginia Debt Outstanding For Period Ending March 31, 2022 Schedule E Balance Principal Balance 7/1/2021 Issuances Payments 3/31/2022 City Debt Outstanding 2011 Union First Market Refunding Bonds 1,170,792$ -$ (399,960)$ 770,832$ 2013 Public Improvement Bonds 1,156,400 - (89,425) 1,066,975 2016B Public Improvement Bonds 717,601 - - 717,601 2019 Public Improvement Bonds 4,670,000 - - 4,670,000 2020 Public Improvement Bonds 2,375,000 - - 2,375,000 2020 Public Improvement Refunding Bonds 5,519,026 - - 5,519,026 2021 Public Improvement Refunding Bonds 1,555,000 - (30,000) 1,525,000 Total City Debt Outstanding 17,163,819 - (519,385) 16,644,434 School Debt Outstanding 2011 Union First Market Refunding Bonds 2,049,208 - (700,040) 1,349,168 2012A Public Improvement Bonds 5,727,000 - (477,250) 5,249,750 2013 Public Improvement Bonds 3,563,600 - (275,575) 3,288,025 2020 Public Improvement Bonds 23,835,000 - - 23,835,000 Total School Debt Outstanding 35,174,808 - (1,452,865) 33,721,943 Total Debt Outstanding 52,338,627$ -$ (1,972,250)$ 50,366,377$ City of Salem, Virginia Capital Projects Fund Statement of Revenues and Expenditures For Period Ending March 31, 2022 Schedule F Project Total Available Year To Budget To Date Encumbrances Project Balance Date Fund Balance, July 1, 2021 12,736,529 Revenues: Federal Grants 11,023,764 1,694,883 - 1,694,883 9,328,881 155,932 State Grants 8,630,523 868,953 - 868,953 7,761,570 474,308 Proceeds From Debt Issuance 31,340,422 31,340,419 - 31,340,419 3 - Interest Income 48,326 54,468 - 54,468 (6,142) 6,158 Transfer From General Fund 2,614,988 2,614,987 - 2,614,987 1 290,350 Total Revenues 53,658,023 36,573,710 - 36,573,710 17,084,313 926,748 Expenditures: Fire Truck 2020 698,200 698,200 - 698,200 - 687,674 Next Generation 911 378,493 160,400 - 160,400 218,093 89,057 Street Department Equipment 2016 522,046 522,046 - 522,046 - 39,046 Colorado St Bridge Replacement 6,450,000 595,855 308,816 904,671 5,545,329 355,920 Apperson Drive Bridge Replacement 3,364,939 443,342 303,084 746,426 2,618,513 125,767 Street Department Equipment 2019 718,342 718,342 - 718,342 - 46,182 VDOT E Main Project UPC 8753 217,955 165,885 - 165,885 52,070 - Street Department Equipment 2020 1,221,293 1,187,132 22,823 1,209,955 11,338 180,810 Hanging Rock Battlefield Phase 2 570,310 152,709 6,813 159,522 410,788 7,536 Western Roanoke River Greenway 50,000 1,500 - 1,500 48,500 - Elizabeth Campus Greenway 1,104,400 91,425 98,075 189,500 914,900 31,623 Kiwanis Field Lighting Upgrades 644,727 644,727 - 644,727 - 182 Longwood Park Restroom Replacement 150,000 116,435 - 116,435 33,565 111,698 Library Sidewalk Replacement 36,800 32,395 - 32,395 4,405 32,395 Kiwanis Roof/Infrastructure Renovations 399,919 15,827 3,282 19,109 380,810 7,518 Moyer Sports Complex Renovation 870,500 465,275 412,513 877,788 (7,288) 460,275 Mason Creek Greenway Phase 3 2,610,310 371 - 371 2,609,939 371 Downtown Impr - E Main St/Broad St 974,799 850,129 - 850,129 124,670 5,589 Downtown Impr - E Main St/Broad St-CDBG 250,000 250,000 - 250,000 - - Downtown Impr - CDBG Community Impr 285,000 27,983 25,165 53,148 231,852 853 Downtown Impr - E Main St/Union St 1,453,861 100,593 18,300 118,893 1,334,968 41,625 Downtown Impr - E Main St/Market St 3,629,869 103,139 69,145 172,284 3,457,585 39,169 Capital Projects Local Reserve 15,910 - - - 15,910 - Transfer to Schools-2020 Bonds 27,000,000 21,341,139 - 21,341,139 5,658,861 3,511,126 Total Expenditures 53,617,673 28,684,849 1,268,016 29,952,865 23,664,808 5,774,416 Fund Balance, March 31, 2022 7,888,861 Schedule G Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Sale of Power 39,501,333$ 30,461,868$ 77%29,215,632$ 1,246,237$ Other Electric Revenue 761,000 535,580 70%504,222 31,357 CARES Act Utility Funding - - 0%171,951 (171,951) ARPA Municipal Utility Funding - 37,718 - 37,718 Reserve for Encumbrances 8,829,167 - 0%- - Total Operating Revenues 49,091,500 31,035,165 63%29,891,805 1,143,361 . Operating Expenses Other Power Generation - Operation 80,000 35,450 44%17,809 17,641 Other Power Generation - Maintenance 98,613 58,313 59%24,058 34,254 Purchased Power 20,540,000 15,185,589 74%14,154,208 1,031,381 Transmission - Operation 7,510,500 6,017,247 80%4,925,185 1,092,062 Transmission - Maintenance 14,000 2,426 17%2,769 (343) Distribution - Operations 944,150 748,288 79%680,976 67,312 Distribution - Maintenance 1,221,665 846,880 69%773,953 72,927 Customer Service 598,409 431,085 72%442,723 (11,638) Administration & General - Operation 2,854,285 635,177 22%973,474 (338,296) Administration & General - Maintenance 189,490 137,985 73%96,561 41,424 Depreciation - 1,020,000 0%987,294 32,706 Capital 11,315,429 5,244,022 46%4,223,172 1,020,851 Contingency 564,959 - 0%- - Total Operating Expenses 45,931,500 30,362,461 66%27,302,181 3,060,280 Income (loss) Before Transfers 3,160,000 672,705 2,589,624 (1,916,919) Transfers (Payment in Lieu of Taxes)(3,160,000) (3,160,000) 0%(3,160,000) - Income (loss)-$ (2,487,295)$ (570,376)$ (1,916,919)$ Income (loss)-$ (4,974,591)$ (1,140,753)$ (3,833,838)$ City of Salem, Virginia Electric Fund Statement of Operations For Nine Months Ending March 31, 2022 Schedule H Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 7,049,799$ 5,466,091$ 78%5,182,547$ 283,544$ Other Revenue 380,000 284,095 75%231,317 52,779 CARES Act Utility Funding - - 0%24,411 (24,411) ARPA Municipal Utility Funding - 8,355 0%- 8,355 Gain On Sale Of Assets 5,207 40,107 770%- 40,107 Reserve for Encumbrances 504,038 - 0%- - Appropriated from Net Position 1,660,000 - 0%- - Total Operating Revenues 9,599,044 5,798,648 60%5,438,274 360,373 . Operating Expenses Salaries of Personnel 810,926 671,423 83%592,279 79,144 Fringe Benefits 375,370 293,254 78%267,743 25,511 Contractual Services 761,282 364,023 48%349,350 177,990 Printing and Binding 2,500 471 19%84 387 Advertising 1,000 698 70%195 503 Utilities 417,200 291,642 70%294,186 (2,544) Communications 5,800 3,242 56%2,930 312 Insurance 29,750 28,174 95%28,070 104 Travel and Training 9,800 4,785 49%1,945 2,840 Miscellaneous 58,834 50,901 87%54,177 (3,276) Materials and Supplies 209,616 128,750 61%65,169 63,582 Depreciation - 641,270 0%641,977 71,585 Capital 1,176,111 168,872 14%11,652 157,219 Contingency 311,040 - 0%- - Total Production Expenses 4,169,229 2,647,506 64%2,309,757 337,749 Salaries of Personnel 633,244 396,406 63%409,134 (12,728) Fringe Benefits 301,120 181,417 60%192,483 (11,065) Contractual Services 705,067 499,217 71%403,004 96,212 Communications 4,950 2,836 57%2,426 410 Insurance 24,000 21,780 91%23,437 (1,658) Lease/Rent of Equipment 2,000 1,366 68%1,366 - Travel and Training 5,300 3,004 57%382 2,622 Miscellaneous 24,834 18,071 73%19,071 (1,001) Miscellaneous Credits (240,000) (192,478) 80%(178,620) (13,858) Materials and Supplies 152,354 98,167 64%77,000 21,167 Depreciation - 79,456 0%72,506 6,950 Capital 2,154,926 160,020 7%481,483 (321,462) Interest Obligations 1,481,020 116,820 8%134,587 (17,768) Total Distribution Expenses 5,248,815 1,386,082 26%1,638,260 (252,178) Income (loss) Before Transfers 181,000 1,765,060 1,490,258 274,802 Transfers (Payment in Lieu of taxes)(181,000)(135,142) 75%(134,643) (499) Income (loss)-$ 1,629,918$ 1,355,615$ 274,303$ - Production Distribution City of Salem, Virginia Water Fund Statement of Operations For Nine Months Ending March 31, 2022 Schedule I Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Services 6,756,019$ 5,180,460$ 77%5,070,119$ 110,341$ Other Revenue 149,000 111,440 75%79,662 31,779 CARES Act Utility Funding - - 0%24,722 (24,722) ARPA Municipal Utility Funding - 7,082 0%- 7,082 Reserve for Encumbrances 846,533 - 0%- - Appropriated from Net Position 950,000 - 0%- - Total Operating Revenues 8,701,552 5,298,982 61%5,174,503 124,480 . Operating Expenses Salaries of Personnel 717,508 506,701 71%434,586 72,115 Fringe Benefits 337,897 213,382 63%200,500 12,882 Contractual Services 3,908,243 1,854,430 47%2,141,741 (287,312) Printing and Binding 1,500 194 13%- 194 Advertising 1,500 8,362 557%- 8,362 Utilities 4,500 2,527 56%3,108 (582) Communications 14,700 11,600 79%10,776 824 Insurance 18,000 11,874 66%11,836 38 Lease/Rent of Equipment 3,000 1,366 46%1,366 - Travel and Training 9,000 5,475 61%1,117 4,358 Miscellaneous 36,834 23,972 65%28,091 (4,119) Miscellaneous Credits (325,000) (115,731) 36%(98,959) (16,771) Materials and Supplies 111,315 30,093 27%21,256 8,836 Depreciation - 1,027,416 0%990,675 36,741 Capital 1,631,673 295,079 18%746,943 (451,864) Interest Obligations 1,631,321 71,575 4%108,700 (37,125) Bond Costs - 9,961 0%- 9,961 Contingency 599,561 - 0%- - Total Operating Expenses 8,701,552 3,958,276 45%4,601,737 (643,462) Income (loss) before Transfers - 1,340,707 572,765 767,941 Income (loss)-$ 1,340,707$ 572,765$ 767,941$ City of Salem, Virginia Sewer Fund Statement of Operations For Nine Months Ending March 31, 2022 Schedule J Operating Revenues Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Shows/rentals 302,600$ 282,259$ 93%132,083$ 150,176$ Box office shows 960,000 794,507 83%65,917 728,590 Catering and concessions 120,000 113,659 95%15,411 98,248 Merchandise and commissions 103,000 170,289 165%17,043 153,246 Static advertising 48,000 34,792 72%20,625 14,167 Miscellaneous income 16,000 15,964 100%21,486 (5,523) Salem Fair 563,000 532,019 94%(3,500) 535,519 Reserve for encumbrances 11,914 - 0%- - Shuttered Venue Operator Grant (SVOG)- 1,268,542 0%- 1,268,542 Total Operating Revenues 2,124,514 3,212,030 151%269,065 2,942,966 Operating Expenses Salaries of personnel 1,064,979 782,896 74%657,471 125,425 Fringe benefits 460,057 290,336 63%284,966 5,370 Maintenance and contractual services 274,968 153,777 56%91,029 62,747 Printing and binding 500 116 23%- 116 Advertising 25,000 19,720 79%21,431 (1,711) Utilities 221,600 237,784 107%149,870 87,914 Communications 13,900 9,443 68%9,598 (155) Insurance 21,000 27,138 129%23,577 3,561 Leases and Rentals 1,000 3,167 317%- 3,167 Travel and training 4,300 1,965 46%199 1,766 Miscellaneous 89,948 68,028 76%59,023 9,006 Show expense 1,040,000 849,022 82%80,377 768,645 Fair 2020 expense 443,080 518,209 117%6,395 511,814 Materials and supplies 36,846 18,530 50%5,130 13,399 Capital - 4,217 0%143,009 (138,792) Depreciation - 213,404 0%228,877 (15,474) Contingency 86,504 - 0%- - Total Operating Expenses 3,783,682 3,197,751 85%1,760,952 1,436,800 Income (loss) Before Transfers (1,659,168)14,279 (1,491,887)1,506,166 Transfers 1,659,168 1,244,376 75%1,342,443 (98,067) Income (loss)-$ 1,258,655$ (149,444)$ 1,408,099$ 0.00 City of Salem, Virginia Salem Civic Center Statement of Operations For Nine Months Ending March 31, 2022 Schedule K Operating Revenues: Current Year Budget Current Year Year to Date % of Budget Prior Year Year to Date Variance Catering 378,080$ 366,072$ 97%75,671$ 290,401$ Concessions 106,756 126,924 119%7,610 119,314 Moyer Concessions 46,363 42,119 91%36,816 5,303 Salem High Concessions 7,200 879 12%- 879 Total Operating Revenues 538,399 535,994 100%120,097 415,897 . Operating Expenses: Salaries of personnel 193,823 152,938 79%107,758 45,180 Fringe benefits 81,405 44,755 55%47,028 (2,273) Contractual services 5,719 4,477 78%4,737 (260) Printing and binding 300 1,034 345%21 1,012 Laundry and Cleaning 10,000 - 0%1,238 (1,238) Communications 300 115 38%108 7 Insurance 1,200 1,740 0%1,642 97 Miscellaneous 114,661 92,908 81%23,854 69,054 Materials and supplies 128,542 114,105 89%29,926 84,178 Depreciation - 3,288 0%3,288 - Contingency 6,214 - 0%- - Total Catering Expenses 542,164 415,358 77%219,600 195,758 Salaries of Personnel 41,473 39,413 95%8,126 31,287 Fringe Benefits 11,219 6,838 61%2,566 4,271 Contractual services - 3,311 0%- 3,311 Miscellaneous 33,750 43,313 128%1,696 41,617 Materials and Supplies 25,600 36,513 143%2,954 33,559 Total Concessions Expenses 112,042 129,388 115%15,342 114,046 Salaries of Personnel 18,720 15,944 85%22,168 (6,224) Fringe Benefits 4,922 3,093 63%9,141 (6,048) Contractual services 2,500 1,875 75%1,875 - Miscellaneous 4,400 6,386 145%5,561 826 Materials and Supplies 9,600 10,314 107%10,975 (661) Total Moyer Expenses 40,142 37,612 94%49,720 (12,107) Salaries of Personnel 4,155 901 22%- 901 Fringe Benefits 949 108 11%- 108 Materials and Supplies 1,880 1,196 64%81 1,115 Total Salem High Expenses 6,984 2,205 32%81 2,124 Income (loss) Before Transfers (162,933)(48,569)(164,646)116,077 Transfers 162,933 - 0%- - Income (loss)-$ (48,569)$ (164,646)$ 116,077$ Moyer Concessions Salem High Concessions City of Salem, Virginia Salem Catering and Concessions Statement of Operations For Nine Months Ending March 31, 2022 Catering Concessions Schedule L Budget Current Year Year to Date Percent to Date Prior Year Year to Date Variance Beginning Net Position -$ 6,222,030$ 6,331,003$ (108,973)$ Revenue Premiums Paid - City 5,400,000 3,444,354 64% 3,479,507 (35,153) Premiums Paid - School 4,410,000 2,971,561 67% 2,935,315 36,246 Premiums Paid - Retirees 910,000 606,597 67% 662,460 (55,863) Dental Premiums Paid 604,300 395,988 66% 409,807 (13,819) Interest Earnings 22,000 13,485 61% 14,655 (1,170) Miscellaneous - 5,346 0% 13,891 (8,545) Total Year to Date Revenues 11,346,300 7,437,331 66% 7,515,635 (78,304) Expenses Health Claims 10,237,109 6,513,090 64% 6,665,630 (152,540) Dental Claims 604,300 334,865 55% 351,217 (16,352) Employee Health Clinic 443,691 283,642 64% 250,233 33,409 Consulting Services 52,400 56,831 108% 42,504 14,327 Miscellaneous 8,800 3,817 43% 3,675 142 Total Year to Date Expenses 11,346,300 7,192,245 63% 7,313,259 (121,014) Ending Net Position -$ 6,467,116$ 6,533,379$ (66,263)$ City of Salem, Virginia Health Insurance Fund Statement of Revenues and Expenses For Eight Months Ending February 28, 2022 City of Salem, Virginia Schedule of Deposits and Investments For Period Ending March 31, 2022 Schedule M FV as a Cash Value Net Change Fair Value % of 3/31/2022 in Fair Value 3/31/2022 Portfolio Demand & Time Deposits Concentration Account 129,062,609$ -$ 129,062,609$ 92.0% Payroll Account 7,639 - 7,639 0.0% Revenue Recovery Account 11,238 - 11,238 0.0% Utility Billing Account 18,409 - 18,409 0.0% Box Office Account 1,905,823 - 1,905,823 1.4% Held as Fiscal Agent of: Cardinal Academy 661,618 - 661,618 0.5% Court Community Corrections 1,374,781 - 1,374,781 1.0% Held on Behalf of: Economic Development Authority 374,166 - 374,166 0.3% Total Demand & Time Deposits 133,416,283 - 133,416,283 95.2% Investments Local Government Investment Pool (LGIP) 16,890 - 16,890 0.0% Local Government Investment Pool EM (LGIP EM*) 863,517 24,293 887,810 0.6% VA State Non-Arbitrage Program (SNAP) 6,118,644 - 6,118,644 4.4% Total Investments 6,999,051 24,293 7,023,344 5.0% Total Deposits and Investments 140,415,334$ 24,293$ 140,439,627$ 100.2% * Extended Maturity Item # 6A Date: 4-25-2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL AGENDA ITEM: SUBMITTED BY: Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for rezoning the property of MO Salem, LLC, property owner and Midland Atlantic Properties, property owner's management affiliate, located at 1923 Electric Road and 1951 Electric Road (Tax Map # 284-1-2.2 and Tax Map # 284-1-2.3) from HBD with conditions to HBD with amended conditions to allow retail sales. As advertised in the April 7 and 14, 2022 issues of the Salem Times-Register. Planning Commission recommends approval: see page 5 of the Planning Commission minutes. Mary Ellen Wines, CZA CFM Planning & Zoning Administrator SUMMARY OF INFORMATION: Zoning: HBD Highway Business District with conditions Land Use Plan Designation: Commercial Proposed Zoning: HBD Highway Business District with amended conditions Existing Use: Shopping center and restaurant Proposed Use: Addition of a tobacco/vape retail store BACKGROUND INFORMATION: This item amends ordinance #315 enacted on August 11, 2014 to modify the volunteered proffers at the petition of the property owner and the property owner’s management affiliate. When the Ridgewood Farms development was rezoned in 1979, there were numerous voluntarily proffered conditions placed on the proposed development. One of those conditions must be amended in order for a tobacco/vape retail store to operate within an existing storefront. The properties are currently zoned HBD Highway Business District, which allows for retail sales by right; however, when the property was rezoned to B3 in 1979, the conditions specifically allowed for the following retail sales: drug stores, food sales, and wearing apparel shops. The petitioners are requesting the removal of the specific retail uses and the addition of retail sales in its entirety. This would remove the requirement of future petitions should additional other types of retail sales businesses wish to occupy the premises. STAFF RECOMMENDATION: Staff recommends Council adopt an ordinance amending ordinance #315 enacted on August 11, 2014 to modify the volunteered proffers at the petition of the property owner and the property owner’s management affiliate. {00461942.DOCX } AN ORDINANCE TO AMEND ORDINANCE # 315 ENACTED ON AUGUST 11, 2014 BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA WHEREAS, MO Salem, LLC, property owner, and Midland Atlantic Properties, property owner’s management affiliate, have heretofore petitioned to have the properties located at 1923 and 1951 Electric Road, (Tax Map #’s 284-1-2.2 and 284-1-2.3) rezoned from HBD Highway Business District with conditions to HBD Highway Business District with amended conditions to allow retail sales; and WHEREAS, in said petition, MO Salem, LLC, property owner, and Midland Atlantic Properties, property owner’s management affiliate, voluntarily proffered amendments to the existing proffers previously adopted; and WHEREAS, Council has reviewed the amended proffers and is of the opinion that the requested amendment rezoning would be in the best interests of the City and that the amended proffers will more closely comply with the intent of the Land Use Plan heretofore adopted; and WHEREAS, Council has adopted the provisions of Chapter 320 of the 1978 Acts of the General Assembly of Virginia, Sections 15.2-2296 through 15.2-2302, relating to conditional zoning; and WHEREAS, the Planning Commission at its regular meeting held on April 13, 2022, did recommend to Council after holding a public hearing that such rezoning be approved with the voluntarily amended proffered conditions; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Ordinance 361 be amended, revised, and reordained to read as follows and the map referred to shall be changed in this respect and no other: Section 1. Beginning at a point in the westerly right of way of Virginia Route 419, more particularly defined as Corner 1, as shown on the plat showing Subdivision of Property of G.L. Mattern and Ruby M. Mattern as recorded in the Clerk’s Office of the Circuit Court of the City of Salem, Virginia in Plat Book 2, Page 15; thence with the westerly right of way S 10° 52’ 00” W 422.47 feet to a point; thence leaving the westerly right of way of Virginia Route 419, N 79° 08’ 00” W 224.00 feet to a point; thence S 10° 52’ 00” W 280.13 feet to a point in the northerly right of way of Keagy Road; thence with the northerly right of way S 73° 01’00” W 50.00 feet to a point; thence leaving the northerly right of way of Keagy Road, N 16° 59’00” W 27.03 feet to a {00461942.DOCX } point of curve; thence with a curve to the right, which curve is defined by a delta angle of 27° 51’00”, a radius of 200.00 feet, an arc of 97.22 feet, a chord of 96.26 feet and bearing of N 03° 03’ 30 W to a point of tangency; thence N 10° 52’00” E 157.66 feet to a point of curve; thence with a curve to the left, which curve is defined by a delta angle of 30° 00’ 00”, a radius of 148.54 feet, an arc of 77.78 feet, a chord of 76.89 feet and bearing of N 04° 08’ 00” W to a point of reverse curve; thence with a curve to the right, which curve is defined by a delta angle of 4° 37’ 34”, a radius of 198.54 feet, an arc of 16.03 feet and bearing of N 16° 49’ 13” W to a point; thence N 79° 08’ 00” W 225.00 feet to a point; thence N 67° 00’ 00” W 52.29 feet to a point in the easterly right of way of Ridgewood Drive; thence with the easterly right of way, a curve to the left, which curve is defined by a delta angle of 55° 45’ 17”, a radius of 262.91 feet, an arc of 255.84 feet, a chord of 245.86 feet and bearing of N 11° 30’ 38” E to a point of tangency; thence N 16° 22’ 00” W 52.77 feet to a point of curve; thence with a curve to the right, which curve is defined by a delta angle of 56° 18’ 30”, a radius of 20.00 feet, an arc of 19.66 feet, a chord of 18.87 feet and bearing of N 11° 47’ 49” E to a point of reverse curve in the southerly right of way of Braeburn Drive; thence with the southerly right of way of Braeburn Drive, a curve to the left, which curve is defined by a delta angle of 09° 55’ 54”, a radius of 319.00 feet, an arc of 55.30 feet, a chord of 55.23 feet and bearing of N 34° 59’ 09” E to a point of reverse curve; thence with a curve to the right, which curve is defined by a delta angle of 52° 14’ 50”, a radius of 269.00 feet, an arc of 245.30 feet, a chord of 236.89 feet and bearing of N 56° 08’ 35” E to a point of tangency; thence N 82° 16’ 00” E 97.90 feet to a point; thence S 23° 32’ 49” E 10.29 feet to a point of curve; thence a curve to the right, which curve is defined by a delta angle of 42° 46’ 56”, a radius of 261.48 feet, an arc of 195.24 feet, a chord of 190.74 feet and bearing of N 87° 50’ 39” E to a point of tangency, thence S 70° 45’ 53” E 30.00 feet to a point of curve; thence a curve to the left, which curve is defined by a delta angle of 13° 03’ 17”, a radius of 261.48 feet, an arc of 59.58 feet, a chord of 59.45 feet and bearing of S 77° 17’ 31” E to a point of reverse curve; thence a curve to the right, which curve is defined by a delta angle of 83° 10’ 44”, a radius of 43.00 feet, an arc of 62.43 feet, a chord of 57.09 feet and bearing of S 42° 13’ 48” E to a point of compound curve in the westerly right of way of Virginia Route 419; thence with the westerly right of way, a curve to the right, which curve is defined by a delta angle of 11° 30’ 26”, a radius of 919.93 feet, an arc of 184.76 feet, a chord of 184.45 feet and bearing of S 05° 06’ 47” W to a point of tangency; thence S 10° 52’ 00” W 18.88 feet to Corner 1, the place of beginning and containing 8.59 acres, more or less. LESS AND EXCEPT that certain parcel of land known as Lot A, containing 0.428 acres of land, more or less, as more particularly described in Deed recorded as Instrument #04000796. Section 2. The following conditions voluntarily proffered shall apply in addition to the regulations contained in Chapter 106 of The Code of the City of Salem: {00461942.DOCX } 1. No uses shall be permitted in any portion of the property except the following: banks, retail sales, retail drug stores, food sales, wearing apparel shops, auto appliance services, home appliance services, barber and beauty shops, offices, theaters, assembly halls, restaurants (except the drive-in type), personal and professional services, churches, libraries, recreational facilities, and gasoline stations; 2. No structures over four (4) stories in height shall be permitted; 3. No flat or built-up roofs shall be permitted, the surface of which may be viewed from the interior spaces of other buildings on the property or from the ground; 4. No asphalt shingle roofs shall be permitted; 5. No window-type air conditioning units shall be permitted; 6. No heating, ventilating and air conditioning equipment shall be permitted to be exposed to public view, provided; however, that this shall not prevent the exposure to public view of factory manufactured solar heating panels; 7. No exposed concrete, cinder or expanded shale masonry units shall be permitted; 8. No cows, horses, pigs, goats, swine, fowl or pigeons shall be kept on the premises, nor shall any other animals or pets be kept on the premises which occasion obnoxious odors or are dangerous to the health or welfare of the other residents in the subdivision and no nuisance shall be maintained or permitted on the property; 9. No structure of a temporary character (trailer, basement, tent, shack, garage, or barn) or other outbuilding shall be used at any time as a residence either temporarily or permanently; 10. All service lines within the property shall be underground; and 11. Development (planned use-grading-access-construction) of the property will be consonant with and as a part of the development of the 80-acre McVitty estate. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. {00461942.DOCX } This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: John E. Saunders - William D. Jones - Byron Randolph Foley - James W. Wallace, III – Renee F. Turk – Passed: Effective: __________________________ Mayor ATTEST: ___________________________ H. Robert Light Clerk of Council City of Salem, Virginia (Illegible) 5/8" Capped Rebar Found (Illegible) 5/8" Capped Rebar Found Now or Formerly: Strauss Properties LLC Instrument 130001653 APN: 284-1-2.1 Asphalt Asphal t Wall Co n c r e t e S i d e w a l k R/W R/W Existing Slope Easement Deed Book 37,Page 716, Plat Book 2, Pages 39 - 40 & Plat Book 2, Pages 44 - 45 1910 10' Eas e m e n t t o B e l l A t l a n t i c V i r g i n i a C o m p a n y D eed Bo o k 2 5 8 , P a g e 5 5 3 14 1 0 . 0 ' 0. 5 ' C o n c r e t e C u r b ( T y p . ) 0. 5 ' C o n c r e t e C u r b ( T y p . ) N 79°0 8 ' 0 0 " W 2 2 4 . 0 0 ' M s d . S 1 0 ° 5 2 ' 0 0 " W 2 8 0 . 1 3 ' N 1 0 ° 5 2 ' 0 0 " E 1 5 7 . 6 6 ' L1 L 2 C 1 (Basis o f B e a r i n g ) R/ W Road Easement Deed Book 92 Page 115 13 LINE BEARING DISTANCE L1 6 :50.00' L2 1 :27.03' L3 1 :52.29' L4 1 :52.77' L5 1 (97.90' L6 6 (10.29' L7 6 (101.13' L8 1 (1.05' L9 6 (69.34' L10 1 (73.03' L11 1 :31.83' CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C1 97.22'200.00' 6 (96.26' C2 77.78'148.54' 1 :76.89' C3 16.03'198.54' 6 (16.03' C4 255.84'262.91' 1 (245.86' C5 19.66'20.00' 6 :18.87' C6 55.30'319.00' 1 (55.23' C7 245.30'269.00' 6 :236.89' C8 85.46'261.48' 6 :85.08' C9 7.03'319.00' 1 (7.03' C10 55.18'269.00' 6 :55.08' 19 . 9 28.1 NOT TO SCALE 7+(%$6,6)25$//%($5,1*66+2:1+(5(21,61257+ :(67$67+(6287+/,1( OF THE SURVEYED PROPERTY, AND IS THE SAME BEARING RECORDED IN INSTRUMENT NO. 150002238, IN THE CLERK'S OFFICE FOR THE CIRCUIT COURT OF ROANOKE COUNTY, VIRGINIA. THERE IS NO VISIBLE EVIDENCE OF CEMETERIES ON SUBJECT PROPERTY. THE SUBJECT PROPERTY HAS DIRECT PHYSICAL ACCESS TO ELECTRIC ROAD, BRAEBURN DRIVE AND KEAGY ROAD A DEDICATED PUBLIC STREET OR HIGHWAY. Zoning Jurisdiction: Salem, Virginia Zoning Classification: HBD (Highway Business District) within the Urban Forest Overlay District Setback Lines Front: 30 Feet from street centerline Landscape Buffer: 15 Feet adjacent to the RB and RMF District Landscape Buffer: 8 Feet between parking area and right of way Maximum Building Height: 80 Feet Minimum Lot Area: 7,200 Sq. Feet Minimum Lot Frontage: 60 Feet Parking Requirements Shopping Center: 1 space per 250 sq. feet; Gas Station: 1 space per employee + 3 stacking spaces provided for each pump island per approved site plan. 302 regular spaces and 8 handicapped spaces required Zoning information has been provided by a Zoning Report by Zoning Info, Inc., dated June 15, 2021, Job No. 74122. Surveyor's Note: Setback lines shown hereon are based solely upon the information provided above, are to be used for reference purposes only and are subject to interpretation by the local zoning authority. Due to the lack of information regarding the location of the centerlines of the public right of ways abutting the surveyed property, front building setback lines have not been shown. 1. NO UNDERGROUND UTILITIES ARE SHOWN ON THIS SURVEY, ONLY ABOVE GROUND VISIBLE EVIDENCE OF UTILITIES ARE SHOWN. 2. ALL STATEMENTS WITHIN THE CERTIFICATION, AND OTHER REFERENCES LOCATED ELSEWHERE HEREON, RELATED TO: UTILITIES, IMPROVEMENTS, STRUCTURES, BUILDINGS, PARTY WALLS, PARKING, EASEMENTS, SERVITUDES, AND ENCROACHMENTS ARE BASED SOLELY ON ABOVE GROUND, VISIBLE EVIDENCE, UNLESS ANOTHER SOURCE OF INFORMATION IS SPECIFICALLY REFERENCED HEREON. 3. THIS SURVEY MEETS OR EXCEEDS THE SURVEY STANDARDS/STANDARDS OF CARE AS SET FORTH IN SECTION 3 OF THE 2021 ALTA/NSPS SURVEY REQUIREMENTS. 4. BASED UPON VISUAL OBSERVATION, THERE ARE PARTY WALLS LOCATED ON THE SUBJECT PROPERTY WITH RESPECT TO ADJOINING PROPERTIES AS SHOWN HEREON. 5. AT THE TIME OF THIS SURVEY, THERE WAS NO OBSERVABLE EVIDENCE OF ANY RECENT CHANGES IN STREET RIGHT-OF-WAY LINES EITHER COMPLETED OR PROPOSED, AND AVAILABLE FROM THE CONTROLLING JURISDICTION. THERE WAS NO OBSERVED EVIDENCE OF RECENT STREET OR SIDEWALK CONSTRUCTION OR REPAIRS. 6. THE ADDRESSES SHOWN HEREON ARE BASED ON POSTED ADDRESSES OBSERVED AT THE TIME THE FIELD WORK WAS PERFORMED. ©. THIS SURVEY DESCRIBES AND DEPICTS THE SAME LAND AS DESCRIBED IN THE TITLE COMMITMENT AS REFERENCED ABOVE. SHEET 1 OF 2 648$5()((7 THE PARCELS CONTAINED IN THE LEGAL DESCRIPTION ARE CONTIGUOUS WITHOUT ANY GAPS, GORES OR OVERLAPS. THERE IS NO OBSERVABLE EVIDENCE OF EARTH MOVING WORK, BUILDING CONSTRUCTION OR BUILDING ADDITIONS WITHIN RECENT MONTHS. 6Diie VICINITY MAP 5Ciii OBSERVED POTENTIAL ENCROACHMENTS FLOOD INFORMATION3 6Cvii PLATTED SETBACK OR RECORDED BUILDING RESTRICTION LINES 5Ei "SCHEDULE B - SECTION 2" ITEMS 6Bxii TITLE COMMITMENT INFORMATION 6Bi TITLE DESCRIPTION 6Diig SURVEYOR'S NOTES 4 LAND AREA 6Biv BEARING BASIS 5F CEMETERY NOTE 9 PARKING SPACES 5Biii ACCESS TO PROPERTY 16 EARTH MOVING NOTE 6Bvii CONTIGUITY STATEMENT 7 SURVEYOR'S CERTIFICATE AL T A / N S P S L A N D T I T L E S U R V E Y 6D i i k 2 $&5(6 REGULAR = 246 HANDICAP = 19 TOTAL = 265 6Diic NORTH ARROW & SCALE SUBSTANTIAL ABOVE GROUND FEATURES THAT WERE OBSERVED ON THE SUBJECT PARCEL, SUCH AS PARKING AREAS, DRIVES, WALKS, PLANTERS/LANDSCAPE AREAS AND OTHER, HAVE BEEN LOCATED AS SHOWN HEREON. NOTE: THERE WERE NO OBSERVED SUBSTANTIAL AREAS OF REFUSE ON THE SUBJECT PARCEL PER THE DATE OF THIS SURVEY. 8 SUBSTANTIAL FEATURES OBSERVED 18 10 "TABLE A" DIVISION/PARTY WALLS "TABLE A" BUILDING AREA "TABLE A" BUILDING HEIGHT "TABLE A" ADJOINING OWNERS "TABLE A" INTERSECTING STREET "TABLE A" EARTH MOVING NOTE VICINITY MAP CONTIGUITY STATEMENT RECORDED SETBACKS/RESTRICTIONS PROVIDED BY INSURED LEGEND & ABBREVIATIONS 6Diie TITLE COMMITMENT INFORMATION TYPE OF SURVEY SURVEYOR'S CERTIFICATE SURVEYOR'S NOTES ALTA/NSPS LAND TITLE SURVEY IDENTIFICATION TABLE 6Cvii 6Bvii 6Bxii 6Diid 6Diik 7 7b 7c 6Diig 13 14 16 "TABLE A" SUBSTANTIAL FEATURES OBSERVED8"TABLE A" PROPERTY ADDRESS2 "TABLE A" FLOOD INFORMATION3 "TABLE A" LAND AREA4 CEMETERY NOTE ACCESS TO PROPERTY5Biii 5Ei 5F "SCHEDULE B - SECTION 2" ITEMS TITLE DESCRIPTION6Bi SURVEYOR OBSERVED POTENTIAL ENCROACHMENTS5Ciii 6Diic NORTH ARROW & SCALE "TABLE A" BUILDING AREA7b "TABLE A" PARKING SPACES9 "TABLE A" UTILITY INFORMATION11 "TABLE A" RIGHT OF WAY CHANGES17TABLE "A" ZONING INFORMATION6 BEARING BASIS6Biv SA L E M , V I R G I N I A THIS DOCUMENT SHOULD BE CONSIDERED INVALID WITHOUT A LICENSED SURVEYOR'S SIGNATURE AND SEAL. NO ATTEMPT WAS MADE TO DETERMINE WETLANDS OR OTHER ENVIRONMENTAL ISSUES. RO A N O K E C O U N T Y RI D G E W O O D F A R M S 19 3 5 A N D 1 9 5 1 E L E C T R I C R O A D CERTIFICATE OF AUTHORIZATION # LSF001134 SURVEY PREPARED FOR AND ON BEHALF OF: AMERICAN SURVEYING & MAPPING, INC. 3191 MAGUIRE BLVD., SUITE 200 ORLANDO, FL 32803 PHONE: (407) 426-7979 FAX: (407) 426-9741 INFO@ASMCORPORATE.COM TO: STEWART LAND TITLE SERVICES, LLC; WELLS FARGO BANK, NATIONAL ASSOCIATION, ITS SUCCESSORS AND ASSIGNS; MID-OLYMPUS INCOME PLUS FUND LLC; MO SALEM, LLC; STEWART TITLE GUARANTY COMPANY: THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2021 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE SURVEYS, JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES ITEMS 1, 2, 3, 4, 6(A), 6(B), 7(A), 7(B)(1), 7(C), 8, 9, 10, 13, 14, 16, 17, 18 GRAPHICALLY DEPICTED AND 19 OF TABLE A THEREOF. THE FIELD WORK WAS COMPLETED ON 06/02/2021. DATE OF PRELIMINARY PLAT OR MAP: JUNE 7, 2021 DATE OF FINAL PLAT OR MAP: JULY 13, 2021 ________________________________ Edward E. Northrop Virginia Registered Land Surveyor No. 0403002610 For and on behalf of Titan USA Commercial Real Estate Services, LLC SHEET 1: NOTES AND SURVEY SHEET 2: SURVEY BY GRAPHIC PLOTTING ONLY, THIS PROPERTY LIES WITHIN ZONE "X", AS SHOWN ON THE FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO. 510141 0143 G (MAP NO. 51161C0143G), WHICH BEARS AN EFFECTIVE DATE OF 09/28/2007, AND IS NOT IN A SPECIAL FLOOD HAZARD AREA. NO FIELD SURVEYING WAS PERFORMED TO DETERMINE THIS ZONE. ZONE "X" DENOTES AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. TERMS, PROVISIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS FOR ASSESSMENTS, DEVELOPER RIGHTS, OPTIONS, AND OTHER MATTERS, IF ANY, AND ANY AMENDMENTS THERETO, APPEARING OF RECORD IN DECLARATION DATED FEBRUARY 4, 2004, RECORDED FEBRUARY 4, 2004, IN INSTRUMENT NO. 040000406 (CITY OF SALEM). BLANKET IN NATURE AND PARTY WALL SHOWN HEREON SLOPE EASEMENT RESERVED IN THE DEED TO COLONIAL AMERICAN NATIONAL BANK DATED MAY 19, 1975, RECORDED MAY 20, 1975, IN DEED BOOK 37, PAGE 716 (CITY OF SALEM). SHOWN HEREON EASEMENT GRANTED TO VIRGINIA AND TENNESSEE TELEPHONE CO. BY INSTRUMENT DATED SEPTEMBER 6, 1910, RECORDED OCTOBER 5, 1910 IN DEED BOOK 53, PAGE 329 (ROANOKE COUNTY). BLANKET IN NATURE EASEMENT GRANTED APPALACHIAN POWER COMPANY BY INSTRUMENT DATED MAY 1, 1979, RECORDED JUNE 26, 1979 IN DEED BOOK 62, PAGE 83 (CITY OF SALEM). SHOWN HEREON TERMS, CONDITIONS, RESTRICTIONS AND EASEMENTS SET FORTH IN THE RECIPROCAL EASEMENT AGREEMENT DATED FEBRUARY 21, 1984, AMONG RIDGEWOOD FARM VILLAGE CENTER, ET ALS, AND RECORDED MAY 16, 1984, IN DEED BOOK 92, PAGE 115 (CITY OF SALEM), AS AFFECTED BY THE AMENDMENT TO RECIPROCAL EASEMENT AGREEMENT DATED MARCH 26, 2015, AMENDMENT DATED MARCH 26, 2015, RECORDED AS INSTRUMENT NO. 150000802. SHOWN HEREON EASEMENT GRANTED TO BELL ATLANTIC-VIRGINIA, INC. BY INSTRUMENT DATED OCTOBER 23, 1996, RECORDED DECEMBER 17, 1996 IN DEED BOOK 258, PAGE 553 (CITY OF SALEM). SHOWN HEREON EASEMENT GRANTED TO APPALACHIAN ELECTRIC POWER COMPANY BY INSTRUMENT DATED JUNE 30, 1939, RECORDED FEBRUARY 14, 1940 IN DEED BOOK 271, PAGE 267 (ROANOKE COUNTY). EASEMENT LOCATION CANNOT BE DETERMINED FROM THE INFORMATION PROVIDED IN THE DOCUMENT EASEMENT GRANTED APPALACHIAN ELECTRIC POWER COMPANY BY INSTRUMENT DATED NOVEMBER 8, 1939, RECORDED FEBRUARY 14, 1940 IN DEED BOOK 271, PAGE 274 (ROANOKE COUNTY). EASEMENT LOCATION CANNOT BE DETERMINED FROM THE INFORMATION PROVIDED IN THE DOCUMENT EASEMENT GRANTED TO APPALACHIAN ELECTRIC POWER COMPANY BY INSTRUMENT DATED JANUARY 29, 1946, RECORDED JUNE 26, 1946 IN DEED BOOK 340, PAGE 345 (ROANOKE COUNTY). EASEMENT LOCATION CANNOT BE DETERMINED FROM THE INFORMATION PROVIDED IN THE DOCUMENT EASEMENT GRANTED TO APPALACHIAN ELECTRIC POWER COMPANY BY INSTRUMENT DATED FEBRUARY 7, 1946, RECORDED JUNE 26, 1946 IN DEED BOOK 340, PAGE 346 (ROANOKE COUNTY). EASEMENT LOCATION CANNOT BE DETERMINED FROM THE INFORMATION PROVIDED IN THE DOCUMENT MATTERS SHOWN ON THE SURVEY RECORDED IN PLAT BOOK 2, PAGES 39 - 40, AND PLAT BOOK 2, PAGES 44 - 45 INCLUDING: A. EXISTING SLOPE EASEMENT; B. EXISTING APCO EASEMENTS; C. 20' SANITARY SEWER EASEMENT. SHOWN HEREON MATTERS AS SHOWN ON PLAT RECORDED PLAT BOOK 10, PAGE 9 (PARTIAL SURVEY OF THE SUBJECT LAND) INCLUDING: A. UNDERGROUND ELECTRIC LINES; B. ELECTRICAL TRANSFORMERS; C. SANITARY SEWER LINES AND MANHOLES; D. CLEANOUTS; E. DRAINAGE MANHOLES AND STORM DRAIN DROP INLET; F. GAS AND WATER LINES; G. 2 FOOT BUILDING ENCROACHMENT EASEMENT. ITEM G REFERENCED ABOVE IS SHOWN HEREON IN ADDITION TO THE ABOVE MATTERS, THE "SURVEY" SHOWS: A. PARTY WALL. RIGHTS OF OTHERS THERETO ENTITLED IN AND TO THE PARTY WALL; B. 4 FOOT BUILDING ENCROACHMENT (PB 10, PG 9). SHOWN HEREON TERMS AND PROVISIONS OF THE LEASE BY KROGER LIMITED PARTNERSHIP 1, AN OHIO LIMITED PARTNERSHIP, DATED MAY 9, 1984, MODIFIED AUGUST 15, 1986, MARCH 12, 2001, AND MARCH 31, 2015, AS DISCLOSED BY INSTRUMENT RECORDED AS INSTRUMENT NO. 160000177. LEASED IMPROVEMENTS SHOWN HEREON 9 11 12 13 14 15 16 17 18 19 Electric Road Keagy R o a d Ke a g y L a n e So u t h w e s t Rid g e w o o d Driv e South Clearin g Road Braeburn Drive 419 685 419 10 20 21 22 SEE SHEET 2 OF 2 6Diid LEGEND AND ABBREVIATIONS PSX CONCRETE SURFACE NO PARKING AREA HANDICAP PARKING (R)RECORD DESCRIPTION SQUARE FEETSQ.FT. PARKING SPACE - Telephone Pedestal T - Telephone Box EB - Electric Box/Cabinet - Electric Meter - Cleanout M - Manhole - Light Pole - Storm Manhole WV - Water Valve - Sanitary Manhole - Air Condition Unit - Drill Hole Set - 5/8" Rebar Set with Cap Stamped - Gas Meter - Bollard Post - Sign MB - Mail Box - Water Meter - Fire Hydrant - Catch Basin - Curb Inlet Basin with Grate R/W P.O.B.- Place/Point of Beginning - Right-of-Way - Fence as Noted ou - Overhead Utilities - PK/MAG Nail Found as Noted - Monumentation Found as Noted "NORTHROP VA LS 0403002610" MBMBMB MW MW WV WV WV P.O.B. MAG Nail Found MAG Nail Found (Illegible) 5/8" Capped Rebar Found Bent (Illegible) 5/8" Capped Rebar Found Bent S54°04'56"E 0.40' (Illegible) 5/8" Capped Rebar Found MAG Nail Found TOTAL LAND AREA 6T)HHW $FUHV Braeburn Driv e 11 0 ' P u b l i c R i g h t o f W a y - A s p h a l t P a v e m e n t Asphalt Variable Widt h P u b l i c R i g h t o f W a y - A s p h a l t P a v e m e n t Asphalt Ri d g e w o o d D r i v e Asphalt El e c t r i c R o a d ( V A R o u t e 4 1 9 ) Va r i a b l e W i d t h P u b l i c R i g h t o f W a y - A s p h a l t P a v e m e n t Asphalt Asphalt Asphalt Asphalt Asphalt Asphalt Grass Asphalt Asphalt 5 Parkin g S p a c e s 5 Parkin g S p a c e s 4 Parkin g S p a c e s 4 Parking S p a c e s 4 Parking S p a c e s 4 Parking S p a c e s 15 Parki n g S p a c e s 15 Parki n g S p a c e s 14 Parkin g S p a c e s 14 Parki n g S p a c e s 11 Parki n g S p a c e s 11 Parki n g S p a c e s 23 Parkin g S p a c e s 23 Parki n g S p a c e s 20 Parkin g S p a c e s 8 Parkin g S p a c e s 20 Parki n g S p a c e s 5 Parking S p a c e s 5 Parking S p a c e s 13 P a r k i n g S p a c e s 5 P a r k i n g S p a c e s 8 P a r k i n g S p a c e s Gate Po s t Ga t e Po s t Gate Po s t Wo o d F e n c e Ir o n F e n c e Fence Fence Wood Fence Concrete Steps St e p s Deck Shed Brick Dr i v e Planter Wall (Typ.) 0. 5 ' C o n c r e t e C u r b ( T y p . ) Now or Formerly: MPW Group LLC Instrument 060003898 APN: 284-1-2 Now or Formerly: Core Hospitality LLC Instrument 050001852 APN: 284-1-2.6 Now or Formerly: Good Pasture Properties LLC Instrument 040000796 APN: 284-1-2.7 Concret e S i d e w a l k Grass Vault Asphalt Concret e S i d e w a l k C o n c r e t e S i d e w a l k Co n c r e t e S i d e w a l k Trench D r a i n T EB Co n c r e t e S i d e w a l k Pump(T y p . ) 4 S p a c e s 3 Spaces 4 P a r k i n g S p a c e s 3 S p a c e s Gr a s s Gr a s s R/ W R/W R/ W R/ W Dumpst e r PARCEL 1 SUBDIVISION OF PROPERTY OF G.L. MATTERN AND RUBY M. MATTERN (THE PLAT) LOT A PLAT BOOK 10 PAGE 9 Wall Wall 20' Sa n i t a r y S e w e r E a s e m e n t Plat B o o k 2 , P a g e s 3 9 - 4 0 , Plat B o o k 2 , P a g e s 4 4 - 4 5 , Plat B o o k 1 0 , P a g e 9 19 2 0 . 0 ' Temporary Easement For Temporary Turn-A-Round Plat Book 2, Pages 39 - 40 & Plat Book 2, Pages 44 - 45 Ap p r o x & E x i s t i n g Ap c o E a s e m e n t R o a n o k e C o u n t y Pla t B o o k 2 , P a g e s 3 9 - 4 0 & Pla t B o o k 2 , P a g e s 4 4 - 4 5 19 Ex i s t i n g A p c o E a s e m e n t De e d B o o k 6 2 , P a g e 8 3 & N e w P U E Pl a t B o o k 2 , P a g e s 3 9 - 4 0 & Pl a t B o o k 2 , P a g e s 4 4 - 4 5 19 15.0' 19 12 20 LINE BEARING DISTANCE L1 S 73°01'00" W 50.00' L2 N 16°59'00" W 27.03' L3 N 67°00'00" W 52.29' L4 N 16°22'00" W 52.77' L5 N 82°16'00" E 97.90' L6 S 23°32'49" E 10.29' L7 S 79°07'55" E 101.13' L8 N 10°52'05" E 1.05' L9 S 79°07'55" E 69.34' L10 N 10°52'05" E 73.03' L11 N 79°07'55" W 31.83' CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH C1 97.22'200.00'27°51'00"S 03°03'30" E 96.26' C2 77.78'148.54'30°00'00"N 04°08'00" W 76.89' C3 16.03'198.54'4°37'34"S 16°49'13" E 16.03' C4 255.84'262.91'55°45'17"N 11°30'38" E 245.86' C5 19.66'20.00'56°18'30"S 11°47'49" W 18.87' C6 55.30'319.00'9°55'54"N 34°59'09" E 55.23' C7 245.30'269.00'52°14'50"S 56°08'35" W 236.89' C8 85.46'261.48'18°43'32"S 75°48'40" W 85.08' C9 7.03'319.00'1°15'48"N 39°19'13" E 7.03' C10 55.18'269.00'11°45'10"S 76°23'26" W 55.08' 0 . 5 ' C o n c r e t e C u r b ( T y p . ) 0.5' Con c r e t e C u r b ( T y p . ) 0. 5 ' C o n c r e t e C u r b ( T y p . ) 6 : 6 ( 6 : 1 : L3 L 4 L5 L 6 C 2 C 3 C4 C5 C6 C7 C8 C9 C10 L7 L8 L9 L1 0 L11 1 ( VESTED IN: Wood Salem Center LLC Instrument: 150002238 APN: 284-1-2.2 VESTE D I N :Wood S a l e m C e n t e r L L C Instru m e n t : 1 5 0 0 0 2 2 3 8 APN: 2 8 4 - 1 - 2 . 3 TOTAL L A N D A R E A : 11,244 S q u a r e F e e t 0.258 A c r e s Wood F e n c e Ov e r h a n g Ov e r h a n g One Story Brick Masonry Building 69,101 Square Feet Height=31' #1903-1927 Ov e r h a n g Ov e r h a n g One Sto r y B r i c k M a s o n r y B u i l d i n g 11,244 S q u a r e F e e t Height= 1 5 . 5 ' #1949- 1 9 6 9 One Story Brick Masonry Building 11,244 Square Feet Height=11' Ov e r h a n g Ov e r h a n g Existin g B u i l d i n g Schedule A Less & Except Party Wall Instrument No. 040000406 9 7 P a r k i n g S p a c e s 7 P a r k i n g S p a c e s 6 P a r k i n g S p a c e s 10.0 86 . 2 70.4 #1 9 0 3 44 . 8 38.5 2 0 . 9 5 4 . 1 1. 0 29 . 8 28.0 ©. SHEET 2 OF 2 AL T A / N S P S L A N D T I T L E S U R V E Y 6D v i 6Diic NORTH ARROW & SCALE 2 SA L E M , V I R G I N I A RO A N O K E C O U N T Y RI D G E W O O D F A R M S 19 3 5 A N D 1 9 5 1 E L E C T R I C R O A D SEE SHEET 1 OF 2 6Diid LEGEND AND ABBREVIATIONS PSX CONCRETE SURFACE NO PARKING AREA HANDICAP PARKING (R)RECORD DESCRIPTION SQUARE FEETSQ.FT. PARKING SPACE - Telephone Pedestal T - Telephone Box EB - Electric Box/Cabinet - Electric Meter - Cleanout M - Manhole - Light Pole - Storm Manhole WV - Water Valve - Sanitary Manhole - Air Condition Unit - Drill Hole Set - 5/8" Rebar Set with Cap Stamped - Gas Meter - Bollard Post - Sign MB - Mail Box - Water Meter - Fire Hydrant - Catch Basin - Curb Inlet Basin with Grate R/W P.O.B.- Place/Point of Beginning - Right-of-Way - Fence as Noted ou - Overhead Utilities - PK/MAG Nail Found as Noted - Monumentation Found as Noted "NORTHROP VA LS 0403002610" MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip 277/ 1/ 3.1/ / 2000 RIDGEWOOD DR NATIONWIDE HEALTH PROPERTIES INC 2001 RIDGEWOOD DR SALEM, VA 24153 277/ 1/ 3.2/ / 1875 ELECTRIC RD WEC 99J-77 LLC ONE CVS DRIVE WOONSOCKET, RI 02895 277/ 1/ 4/ / 1900 SOUTH CLEARING RD MACHER, RICHARD H MACHER, ELIZABETH K 1900 SOUTH CLEARING RD SALEM, VA 24153 283/ 2/ 1/ / 1900 ELECTRIC RD LEWIS-GALE MEDICAL CENTER LLC PO BOX 1504 NASHVILLE, TN 37202 283/ 2/ 1.1/ / 1886 ELECTRIC RD VIRGINIA EASTERN COMPANY LLC PO BOX 201 ROANOKE, VA 24002 284/ 1/ 2/ / 1650 BRAEBURN DR MPW GROUP LLC PO BOX 18 SALEM, VA 24153 284/ 1/ 2.1/ / 2929 KEAGY RD STRAUSS PROPERTIES LLC 5100 BERNARD DR ROANOKE, VA 24018 284/ 1/ 2.2/ / 1935 ELECTRIC RD MO SALEM LLC 8044 MONTGOMERY RD STE 370 CINCINNATI, OH 45236 284/ 1/ 2.3/ / 1951 ELECTRIC RD MO SALEM LLC 8044 MONTGOMERY RD STE 370 CINCINNATI, OH 45236 284/ 1/ 2.4/ / 2800 KEAGY RD NOTTING HILL LLC 400 ACADEMY ST SALEM, VA 24153 284/ 1/ 2.5/ 1901/ 1901 SOUTH CLEARING RD WALKER, CODY WALKER, HILDA 1901 SOUTH CLEARING RD SALEM, VA 24153 284/ 1/ 2.5/ 1903/ 1903 SOUTH CLEARING RD DAVIDSON PATRICIA B 1903 S CLEARING RD SALEM, VA 24153 284/ 1/ 2.5/ 1905/ 1905 SOUTH CLEARING RD WHITE KENNETH R SR 1905 SOUTH CLEARING RD SALEM, VA 24153 284/ 1/ 2.5/ 1907/ 1907 SOUTH CLEARING RD FRANCIS FAMILY TRUST (THE)495 BOOHER DR BRISTOL, TN 37620 284/ 1/ 2.5/ 1909/ 1909 SOUTH CLEARING RD H P LLC 728 S ATLANTIC AVE VIRGINIA BEACH, VA 23451 284/ 1/ 2.5/ 1911/ 1911 SOUTH CLEARING RD ROBERT J TOPPING TRUST 1911 S CLEARING RD SALEM, VA 24153 284/ 1/ 2.5/ 1913/ 1913 SOUTH CLEARING RD WEST, RAE N 3490 PINE DR SALEM, VA 24153 284/ 1/ 2.5/ 1915/ 1915 SOUTH CLEARING RD SAZA PROPERTIES LLC 11035 BOOKER T WASHINGTON HWY WIRTZ, VA 24184 284/ 1/ 2.5/ 1917/ 1917 SOUTH CLEARING RD WADE JUSTIN LEWIS 1917 SOUTH CLEARING RD SALEM, VA 24153 284/ 1/ 2.5/ 1919/ 1919 SOUTH CLEARING RD CLOUSER, JANET M 1919 SOUTH CLEARING RD SALEM, VA 24153 284/ 1/ 2.5/ 1921/ 1921 SOUTH CLEARING RD WEBSTER ANITA J 2034 DARLINGTON RD SW ROANOKE, VA 24018 284/ 1/ 2.5/ 1923/ 1923 SOUTH CLEARING RD HOLLAR AMY K 1923 S CLEARING RD SALEM, VA 24153 284/ 1/ 2.6/ / 2898 KEAGY RD CORE HOSPITALITY LLC 2898 KEAGY RD SALEM, VA 24153 284/ 1/ 2.7/ / 1630 BRAEBURN DR AG PROPERTY LLC 113 WINDWARD DR SW ROANOKE, VA 24018 284/ 1/ 2.5/ / 1900 BLK S CLEARING RD RIDGEWOOD FARM CONDOMINIUMS UNIT OWNERS ASSOCIATION 2911 S CLEARING RD SALEM, VA 24153 AG - Agriculture District BCD - Business Commerce District CBD - C ommuni ty Business District CUD - C ollege/U niversity District DBD - D owntow n Business District HBD - H ighway Business District HBD/HM - Highw ay Business/Heavy Manufacturing District HBD/LM - Highw ay Business/Li ght Manufacturing District HM - Heavy Manufactur ing Distr ict LM - Light Manufacturing District LM/HM - Light M anufacturing/Heavy Manufacturing District MHP - M anufactured Home Par k District PUD - Planned Unit District RB - Residential Business District RMF - Residential Multi-Family District RMF/RB - Residential Multi-Family/Residential Business District RSF - Residential Single Family District RSF/HBD - Residential Single/Highway Business District RSF/LM - Residential Single Family/Light Manufacturing RSF/RB - Residential Single Family/Residential Business District RSF/RMF - Residential Single Family/Residential Multi-Family District RSF/TBD - Residential Single Family/Transitional Business District TBD - Transitional Business District EXISTING ZONING FUTURE LAND USE Bra e b u rn D r i v e Keagy Road R idgewoodDrive R id gewoodDrive K e a g y R o a d Electric Road Virginia Route 419SouthClearingRoad(P riv a t e ) Lewis-Gale Hospital, Inc., PB 5, PG 85 I n n at Rid g e w ood Farms,LLC,PB7,PG34 G L & Ruby M Mattern, PB6,PG10 Lewis-GaleHospital,Inc.,PB5,PG85 Ridgewood Farm Village Center, PB 2, PGS 39, 40 G L & R u b y M M a tt e r n , P B 6 , P G 1 0 RidgewoodFarm C o n d o.,P h a s e 1 2,P B 8,P G 4 &Phase13,PB8,PG59 Edens&Avant,PB 10,P G 9 M &V Associates,PB10,PG21 R i d g e w o o d F a r m V i l l a g e C e n t e r ,P B 2 ,P G S 3 9 ,4 0GL&R u b y M M a t t e r n (R e s u b .P a r c e l F -3 B 1 ,P a r c e l F-3 B2)PB 7,PG 66 A 1 1 2 A 1 2 A 2.5-1901 2.5-1903 2.5-1907 2.5-1905 2.5-1909 2.5-1911 2.5-1913 2.5-1915 2.5-1917 2.5-1919 2.5-1921 2.5-1923 5 0 110' R/WScale Varies Roanoke County City of Roanoke City of SalemCity of Roanoke City of Salem Roanoke County Phase 12 2.2 2.3 2.1 2.4 2.6 2 2.7 2.5 60.14 19.66 255.84 62.43 3 1 . 2 4 3 9 .5 7 % % % 1 0 9 . 6 9 96.46 74.24 6 7.68 33.39 26.04 39.27 5 0 .0 0 1 3 . 1 9 9 7 .2 1 157.66 280.13 1 8 2 .2 2 110.08 115.73 91.70 9.78 6.00 70.70 7.03 101.13 1.03 31.83 73.03 114.03 9 7 .9 0 4 2.13 34.28 1 7 1 .9 8 1 0 . 2 9 44.49 64.39 28.14 198.33 203.64 55.00 112.06 86.05 84.61 164.47 258.00 300.50 1 7 2 . 5 7 32.05 1 6 . 0 3 7 7 .7 8 256.05 224.00 225.00 145.04 105.56 5.0 236.00 262.00 4.00 203.08 5 6.4 8 2 5. 31 510.66 71.77 290.89 80.85 52.29 2 5 0 .8 2 190.13 5 5 .1 7 109.79 30.00 59.5828.2 3 5 7 .2 2 69.34 48.26 318.40 179.10 5 2 . 7 7 % 2 9 6 . 9 4 1 8 4 .0 8 1 1 1935 - 1927 - 1925 - 1923 -1921 - 1919 -1917 2 9 2 9 1886 1980-1900 1969-1967-1951 1630 1900BlkRidgewoodDrive 1650 1915 -1913 - 1911 - 1909 - 1907 - 1905 - 1903 2.088 Ac. 3.166 Ac. 0.428 Ac. 1.14 Ac. 1.394 Ac. 5.702 Ac. 1.07 Ac. 1.72 Ac. 0 100 20050 Feet±1 inch = 100 fe et MARCH 2022 PLANNING COMMISSION ITEM 4B1923 AND 1951 ELECTR IC RD. CITY OF SALEM Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032 Tax Parcels 284-1-2.2 & 284-2-2.3 Buildings Parcels City Limits Comme rcia l Dow ntown Econo mic De velopme nt A rea In dus trial In stitutio na l Mixed Use Public Pa rks and R ecre atio na l Reside ntia l Tran sitio nal Ta x Parcels 284 -1 -2.2 & 284-2-2 .3 Bu ildings Pa rce ls City Limits 1923 and 1951 Electric Road Legal Description: Beginning at a point in the westerly right of way of Virginia Route 419, more particularly defined as Corner 1, as shown on the plat showing Subdivision of Property of G.L. Mattern and Ruby M. Mattern as recorded in the Clerk’s Office of the Circuit Court of the City of Salem, Virginia in Plat Book 2, Page 15; thence with the westerly right of way S 10° 52’ 00” W 422.47 feet to a point; thence leaving the westerly right of way of Virginia Route 419, N 79° 08’ 00” W 224.00 feet to a point; thence S 10° 52’ 00” W 280.13 feet to a point in the northerly right of way of Keagy Road; thence with the northerly right of way S 73° 01’00” W 50.00 feet to a point; thence leaving the northerly right of way of Keagy Road, N 16° 59’00” W 27.03 feet to a point of curve; thence with a curve to the right, which curve is defined by a delta angle of 27° 51’00”, a radius of 200.00 feet, an arc of 97.22 feet, a chord of 96.26 feet and bearing of N 03° 03’ 30 W to a point of tangency; thence N 10° 52’00” E 157.66 feet to a point of curve; thence with a curve to the left, which curve is defined by a delta angle of 30° 00’ 00”, a radius of 148.54 feet, an arc of 77.78 feet, a chord of 76.89 feet and bearing of N 04° 08’ 00” W to a point of reverse curve; thence with a curve to the right, which curve is defined by a delta angle of 4° 37’ 34”, a radius of 198.54 feet, an arc of 16.03 feet and bearing of N 16° 49’ 13” W to a point; thence N 79° 08’ 00” W 225.00 feet to a point; thence N 67° 00’ 00” W 52.29 feet to a point in the easterly right of way of Ridgewood Drive; thence with the easterly right of way, a curve to the left, which curve is defined by a delta angle of 55° 45’ 17”, a radius of 262.91 feet, an arc of 255.84 feet, a chord of 245.86 feet and bearing of N 11° 30’ 38” E to a point of tangency; thence N 16° 22’ 00” W 52.77 feet to a point of curve; thence with a curve to the right, which curve is defined by a delta angle of 56° 18’ 30”, a radius of 20.00 feet, an arc of 19.66 feet, a chord of 18.87 feet and bearing of N 11° 47’ 49” E to a point of reverse curve in the southerly right of way of Braeburn Drive; thence with the southerly right of way of Braeburn Drive, a curve to the left, which curve is defined by a delta angle of 09° 55’ 54”, a radius of 319.00 feet, an arc of 55.30 feet, a chord of 55.23 feet and bearing of N 34° 59’ 09” E to a point of reverse curve; thence with a curve to the right, which curve is defined by a delta angle of 52° 14’ 50”, a radius of 269.00 feet, an arc of 245.30 feet, a chord of 236.89 feet and bearing of N 56° 08’ 35” E to a point of tangency; thence N 82° 16’ 00” E 97.90 feet to a point; thence S 23° 32’ 49” E 10.29 feet to a point of curve; thence a curve to the right, which curve is defined by a delta angle of 42° 46’ 56”, a radius of 261.48 feet, an arc of 195.24 feet, a chord of 190.74 feet and bearing of N 87° 50’ 39” E to a point of tangency, thence S 70° 45’ 53” E 30.00 feet to a point of curve; thence a curve to the left, which curve is defined by a delta angle of 13° 03’ 17”, a radius of 261.48 feet, an arc of 59.58 feet, a chord of 59.45 feet and bearing of S 77° 17’ 31” E to a point of reverse curve; thence a curve to the right, which curve is defined by a delta angle of 83° 10’ 44”, a radius of 43.00 feet, an arc of 62.43 feet, a chord of 57.09 feet and bearing of S 42° 13’ 48” E to a point of compound curve in the westerly right of way of Virginia Route 419; thence with the westerly right of way, a curve to the right, which curve is defined by a delta angle of 11° 30’ 26”, a radius of 919.93 feet, an arc of 184.76 feet, a chord of 184.45 feet and bearing of S 05° 06’ 47” W to a point of tangency; thence S 10° 52’ 00” W 18.88 feet to Corner 1, the place of beginning and containing 8.59 acres, more or less. LESS AND EXCEPT that certain parcel of land known as Lot A, containing 0.428 acres of land, more or less, as more particularly described in Deed recorded as Instrument #04000796. Planning Commission Meeting MINUTES Wednesday, April 13, 2022, 7:00 PM Work Session 6:00PM Council Chambers Conference Room, City Hall, 114 North Broad Street: WORK SESSION 1.Call to Order A work session of the Planning Commission of the City of Salem, Virginia, was held in Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, at 6:00 p.m. on April 13, 2022; there being the members of said Commission, to wit: Vicki G. Daulton, Chair; Denise P. King, Vice Chair; Reid A. Garst, II; Jackson Beamer; and Neil L. Conner; together with H. Robert Light, Assistant City Manager and Secretary Pro Tem, ex officio member of said Commission to wit; Charles E. Van Allman (virtual), Director of Community Development; Mary Ellen Wines, Zoning Administrator; and Jim Guynn, City Attorney Jim Guynn; and the following business was transacted: Chair Daulton called the meeting to order at 6:02 p.m. and reported that this date, place and time had been set for the Commission to hold a work session. 2.New Business A.Discussion of items on the April 13th agenda A discussion was held regarding the request of Philip M. and Rachel C. Knouff, property owners, for the issuance of a Home Occupation Permit to allow a small- scale wholesale cut flower farm (garden) on the property located at 275 Fort Lewis Boulevard (Tax Map #130-2-22). A discussion was held regarding the request of MO Salem, LLC, property owner, and Midland Atlantic Properties, property owner's management affiliate, to rezone the properties located at 1923 Electric Road and 1951 Electric Road (Tax Map #'s 284-1-2.2 and 284-1-2.3) from HBD with conditions to HBD with amended conditions to allow retail sales. 3.Adjournment Chair Daulton inquired if there were any other items for discussion and hearing Item #6A Date: 4/25/2022 none, adjourned the work session at 6:52 p.m. RE GU L AR SE SSI ON 1.C all to Order A regular meeting of the Planning C ommission of the C ity of Salem, Virginia, was held after due and proper notice in the C ouncil C hambers, C ity Hall, 114 North Broad Street, Salem, Virginia, at 7:00 p.m., on April 13, 2022. Notice of such hearing was published in the March 31, and April 7, 2022, issues of the "Salem Times Register," a newspaper published and having general circulation in the City of Salem. All adjacent property owners were notified via the U. S. Postal Service. T he Commission, constituting a legal quorum, presided together with J im H. Guynn, J r., City Attorney; H. Robert Light, Assistant City Manager and Executive Secretary Pro Tem, ex officio member of said Commission, to wit; Charles E. Van Allman, J r., Director of Community Development (virtual); and Mary Ellen Wines, Zoning Administrator; and the following business was transacted: C hair Daulton called the meeting to order at 7:00 p.m. 2.Pledge of Allegiance 3.C onsent Agenda A.Minutes C onsider acceptance of the minutes from the March 16, 2022, work session and regular meeting. Neil Conner motioned C onsider acceptance of the minutes from the March 16, 2022, work session and regular meeting as amended (change Vice Chair to Chair Daulton on adjournment).. Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 4.New Business A.Home Occupation P ermit Hold public hearing to consider the request of Philip M. and Rachel C. Knouff, property owners, for the issuance of a Home Occupation Permit to allow a small-scale wholesale cut flower farm (garden) on the property located at 275 Ft. Lewis Boulevard. (Tax Map # 130-2-22). Staff noted the following: T he subject property consists of a single parcel located on the east side of Fort Lewis Boulevard southeast of the intersection of Valleydale Road and Fort Lewis Boulevard. T he size is approximately 1.779 acres and contains one single-family dwelling. T he petitioner is requesting a home occupation permit to operate a small-scale flower farm in the rear yard. T he homeowner would grow flowers, cut them, and deliver them to local florists for wholesale purchase. T he garden area would not exceed 1/8 of an acre. It will be managed with a push mower and manual garden tools. Mulch and ground covers will be used for weed management and synthetic fertilizers, pesticides and herbicides will be avoided. Flowers, when ready, will be cut and delivered by the applicant in their personal vehicle. No customers will be allowed on the premises and there will be no employees. Rachel C. Knouff, 275 Fort Lewis Boulevard, property owner, appeared before the C ommission to explain the request; she stated that she would like to be allowed to sell cut flowers to local florists and wholesale; it would be an electronic transaction and she would deliver the flower off premises--no customers would come to the property; it would allow her to fill a market niche for fresh floral goods; C O VID created an opportunity where product cannot arrive as quickly as needed or is harder to source; therefore, local growers can provide a fresher flower and better quality to florists. C hair Daulton questioned when the business would begin, and Vice C hair King questioned if it would be a year-round business. Mrs. Knouff stated that she would begin selling this summer as she already has flowers growing for her personal use and in hopes of being approved for her request; she also stated that winter would be used for growing, not cutting flowers. Member Beamer questioned if she grew the flowers in a greenhouse. Mrs. Knouff explained the structure she will use--a "caterpillar" where you use PVC piping to bend into a hoop anchored into the ground with a cover to create an environment (tunnel) for the plants to grow without being destroyed by wind, etc. T he rows would be no more than 4 feet high and three feet wide. She has one florist she has contacted where she works as a wedding designer; there would not be any employees other than herself. Member Garst stated that the application limits the area for plantings to 1/8 acre and would like for the request to be approved administratively if she wants to expand the area in the future. Mrs. Knouff stated that she doesn't plan to expand yet, but would like the option to be able to do so in the future. No other person(s) appeared before the Commission regarding the request. Reid Garst motioned approve request of Philip M. and Rachel C. Knouff, property owners, for the issuance of a Home Occupation Permit to allow a small-scale wholesale cut flower farm (garden) on the property located at 275 Fort Lewis Boulevard (Tax Map #130-2-22) on condition any changes are to be approved administratively by staff.. J ackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King B.Amendment to the Zoning Ordinance Hold public hearing to consider the request of MO Salem, LLC , property owner and Midland Atlantic Properties, property owner's management affiliate, to rezone the properties located at 1923 Electric Road and 1951 Electric Road (Tax Map # 284-1-2.2 and Tax Map # 284-1-2.3) from HBD with conditions to HBD with amended conditions to allow retail sales. Staff noted the following: When the Ridgewood Farms development was rezoned in 1979, there were numerous voluntarily proffered conditions placed on the proposed development. One of those conditions must be amended in order for a tobacco/vape retail store to operate within an existing storefront. T he properties are currently zoned HBD Highway Business District, which allows for retail sales by right; however, when the property was rezoned to B3 in 1979, the conditions specifically allowed for the following retail sales: drug stores, food sales, wearing apparel shops, auto appliance services, and home appliance services. T he petitioners are requesting the removal of the specific retail uses and the addition of retail sales in its entirety. T his would remove the requirement of future petitions should additional other types of retail sales businesses wish to occupy the premises. Fenton C hilders, 6120 Sandhurst Drive, Roanoke, VA, leasing agent for Ridgewood Farms appeared before the Commission on behalf of MO Salem, LLC, property owner, to explain the request; he stated that current owners purchased the property in July 2021 and want to "spiff up" the center and give it new life. A new potential tenant found out that the current zoning does not approve for the use of retail sales of tobacco and e-cigarettes. The shopping center was developed in 1984 with conditions more restrictive than the current zoning code for retail sales. He noted that the zoning was amended in 2014 to allow for the installation of gas pumps. He requested that the request be approved to allow for broader retail sales. Vice Chair King questioned what space the business would go in. Mr. Childers stated that it would either be the vacant space beside Tuesday Morning, which had been previously occupied by an orthopedic business; or the former Subway located next to Kimball Tax Service. No other person(s) appeared related to the request. Neil Conner motioned approve request of MO Salem, LLC, property owner and Midland Atlantic Properties, property owner's management affiliate, to rezone the properties located at 1923 Electric Road and 1951 Electric Road (Tax Map #'s 284- 1-2.2 and 284-1-2.3) from HBD with conditions to HBD with amended conditions to allow retail sales. Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 5.Adjournment On motion by Member Conner and duly carried, the meeting was adjourned at 7:16 p.m. City Council meeting, April 25, 2022, 6:30 p.m. Council Chambers, City Hall, 114 North Broad Street Item # 6B Date: 4/25/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: April 25, 2022 AGENDA ITEM: Hold a public hearing on the request of Daryl W. Beckner to consider permanently vacating and disposing of an approximate .137 acres of an unopened alley situated in the center of Salem Iron and Metal between Indiana Street and Florida Street and consider adoption of Resolution 1423 appointing viewers to review and report on this request. (As advertised in the April 7 and 14, 2022 issues of the Salem Times-Register). SUBMITTED BY: Rob Light, Assistant City Manager SUMMARY OF INFORMATION: The City of Salem received a request from Daryl W. Beckner to vacate an approximate .137 acres of an unopened alley situated in the center of Salem Iron and Metal. The right of way is bounded on the north by 9th Street and the south by the Norfolk Southern Railway and by the following: On the east by: Indiana Street (Tax Parcel #198-3-8) Indiana Street (Tax Parcel #198-3-9) Indiana Street (Tax Parcel #198-3-10) Indiana Street (Tax Parcel #198-3-11) Indiana Street (Tax Parcel #186-6-1) And on the west by: Florida Street (Tax Parcel #198-3-1) Florida Street (Tax Parcel #198-3-2) Florida Street (Tax Parcel #198-3-3) Florida Street (Tax Parcel #198-3-4) Florida Street (Tax Parcel #198-3-5) Florida Street (Tax Parcel #198-3-6) Florida Street (Tax Parcel #198-3-7) Section 15.2-2006 of the Code of Virginia below addresses the process for consideration of such requests: § 15.2-2006. Alteration and vacation of public rights-of-way; appeal from decision. In addition to (i) the powers contained in the charter of any locality, (ii) any powers now had by such governing bodies under the common law or (iii) powers by other provisions of law, public rights -of-way in localities may be altered or vacated on motion of such governing bodies or on application of any p erson after notice of intention to do so has been published at least twice, with at least six days elapsing between the first and second publication, in a newspaper having general circulation in the locality. The notice shall specify the time and place of a hearing at which persons affected may appear and be heard. The cost of publishing the notice shall be taxed to the applicant. At the conclusion of the hearing and on application of any person, the governing body may appoint three to five people to view s uch public right-of-way and report in writing any inconvenience that would result from discontinuing the right -of-way. The governing body may allow the viewers up to fifty dollars each for their services. The sum allowed shall be paid by the person making the application to alter or vacate the public right-of-way. From such report and other evidence, if any, and after the land owners affected thereby, along the public right-of-way proposed to be altered or vacated, have been notified, the governing body may discontinue the public right-of-way. When an applicant requests a vacation to accommodate expansion or development of an existing or proposed business, the governing body may condition the vacation upon commencement of the expansion or development within a specified period of time. Failing to commence within such time may render the vacation, at the option of the governing body, void. A certified copy of the ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the locali ty. A conditional vacation shall not be recorded until the condition has been met. Any appeal shall be filed within sixty days of adoption of the ordinance with the circuit court for the locality in which the public right-of-way is located. STAFF RECOMMENDATION: Staff recommends Council hold a public hearing pursuant to Section 15.2-2006 of the Code of Virginia on the vacation request, and upon closing of the public hearing to consider a resolution appointing viewers to evaluate and report on this request to Council. IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, APRIL 25, 2022: RESOLUTION 1423 A RESOLUTION providing for the appointment of not less than three nor more than five freeholders, any three of whom may act, as viewers in connection with the application of Daryl Beckner to permanently vacate an unopened alley situated in the center of Salem Iron and Metal. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that _______________,________________, and ___________________ be and they are hereby appointed as viewers to view an approximate 0.137 acres of an unopened alley situated in the center of Salem Iron and Metal, bounded on the north by 9th Street and the south by the Norfolk Southern Railway and by the following: On the east by: Indiana Street (Tax Parcel #198-3-8) Indiana Street (Tax Parcel #198-3-9) Indiana Street (Tax Parcel #198-3-10) Indiana Street (Tax Parcel #198-3-11) Indiana Street (Tax Parcel #186-6-1) And on the west by: Florida Street (Tax Parcel #198-3-1) Florida Street (Tax Parcel #198-3-2) Florida Street (Tax Parcel #198-3-3) Florida Street (Tax Parcel #198-3-4) Florida Street (Tax Parcel #198-3-5) Florida Street (Tax Parcel #198-3-6) Florida Street (Tax Parcel #198-3-7), as provided by Section 15.2-2006 of the Code of Virginia, as amended to date, and to report in writing, whether or not in their opinion any, and if any, what inconvenience would result from permanently vacating said right of way. Upon a call for an aye and a nay vote, the same stood as follows: John E. Saunders – William D. Jones – Byron Randolph Foley – James W. Wallace III – Renee F. Turk – ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia 0 7035 Feet 1 0 3 1 1 1 2 9 1 1 2 3 - 1 1 2 7 1 1 1 3 1 1 0 9 514 1 1 0 8 1 1 1 2 1 1 1 6 1 1 2 0 1 1 0 7 1 1 1 5 600 I n d i a n a S t r e e t 9th Street F l o r i d a S t r e e t 198 - 3 - 4 198 - 3 - 5 198 - 2 - 10 198 - 1 - 7 198 - 2 - 14. 1 198 - 3 - 8 198 - 3 - 1 198 - 3 - 9 198 - 3 - 2 198 - 3 - 10 198 - 2 - 12 198 - 3 - 3 198 - 2 - 13 198 - 3 - 11 198 - 3 - 6 198 - 2 - 14 186 - 6 - 1 198 - 3 - 7 The City of Salem assumes no liability for damages arising from errors or omissions. The information is deemed accurate, but not warranted. Please notify the City of Salem Engineering Department of any inconsistency. MARCH 2022 CITY OF SALEM Community Development Dept. Geographic Information Systems Division 21 S. Bruffey Street P.O. Box 869 Salem, Virginia 24153-0869 Phone: (540) 375-3032 1 INCH = 70 FEET±15' ALLEY VACATION BETWEEN INDIANA ST. AND FLORIDA ST. 0 7035 Feet I n d i a n a S t r e e t 9th Street F l o r i d a S t r e e t The City of Salem assumes no liability for damages arising from errors or omissions. The information is deemed accurate, but not warranted. Please notify the City of Salem Engineering Department of any inconsistency. MARCH 2022 CITY OF SALEM Community Development Dept. Geographic Information Systems Division 21 S. Bruffey Street P.O. Box 869 Salem, Virginia 24153-0869 Phone: (540) 375-3032 1 INCH = 140 FEET±15' ALLEY VACATION BETWEEN INDIANA ST. AND FLORIDA ST. Item # 6C Date: 4/25/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: April 25, 2022 AGENDA ITEM: Request to approve the Roanoke Regional Airport Commission fiscal year 2022/2023 budget SUBMITTED BY: Jay Taliaferro, City Manager SUMMARY OF INFORMATION: The Roanoke Regional Airport Commission (the Commission) was established on July 1, 1987, by legislative act of the Commonwealth of Virginia to own and operate the Roanoke Regional Airport (now the Roanoke-Blacksburg Regional Airport). The Commission is composed of six (6) members. The City of Salem joined the Commission effective July 1, 2020. One (1) member is appointed by the City of Salem. Two (2) members are appointed by Roanoke County and three (3) by Roanoke City. The County and the Cities are each responsible for their pro-rata share, based on population, of any year-end operating deficit or capital expenditures if any additional funding is required. The Commission is responsible for paying all outstanding debt. No subsidy has been required since inception. In accordance with the requirements of the Commission contract as amended, the Roanoke Regional Airport Commission is required to submit its budget to the Salem City Council, Roanoke County Board of Supervisors, and the Roanoke City Council for approval. At its meeting on March 24, 2022, the Commission approved the attached budget for fiscal year 2022-2023 to be forwarded to the governing bodies of the three (3) localities. You will note that no deficit is anticipated in the Operating Budget for Fiscal Year 202 2- 2023. Therefore, no additional appropriations are being requested or anticipated from the City of Salem, County of Roanoke, or the City of Roanoke. The Commission also adopted the attached capital expenditure budget program totaling over $100,000 in cost and are intended to benefit five or more future accounting periods (Attachment II). Mike Stewart, Executive Director of the Roanoke Regional Airport Commission, will present the budget on behalf of the Commission during the City Council meeting and will be available to answer any questions that Council may have. FISCAL IMPACT: No funds from the City of Salem are requested or anticipated for the fiscal year 2022-2023 budget. STAFF RECOMMENDATION: Staff recommends approval of the Roanoke Regional Airport Commission budget for the fiscal year 2022-2023. Item # 6D Date: 4/25/2022 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: April 25, 2022 AGENDA ITEM: Consider Resolution 1424 allowing Western-Star Hospital Authority, Inc. dba Metro Health EMS to establish a Transport Medical Services Agency SUBMITTED BY: Jay Taliaferro, City Manager SUMMARY OF INFORMATION: The laws and regulations of the Commonwealth of Virginia require that EMTs operate under the direction of a physician who is authorized by the Commonwealth to serve as an Operational Medical Director, and that such EMTs serve as part of a licensed Emergency Medical Services Agency (reference 12VAC5-31-310); and according to Section 12 VAC 5-31-420, paragraph C, an organization wishing to become a licensed EMS agency must obtain an ordinance or resolution from the governing body of each locality where the agency maintains an office, stations an EMS vehicle for response within a locality or is a Designated Emergency Response Agency as required by § 15.2- 955 of the Code of Virginia confirming approval, and such ordinance or resolution must specify the geographic boundaries of the agency's primary service area within the locality. IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, April 25, 2022: RESOLUTION 1424 A Resolution Allowing Western-Star Hospital Authority, Inc. dba Metro Health EMS to Establish a Transport Medical Services Agency WHEREAS, Western-Star Hospital Authority, Inc. dba Metro Health EMS is a licensed ambulance service within the Commonwealth of Virginia providing emergency and non-emergency services to the U.S. Department of Veterans Affairs within the City of Salem; and WHEREAS, laws and regulations of the Commonwealth of Virginia require that EMTs operate under the direction of a physician who is authorized by the Commonwealth to serve as an Operational Medical Director, and that such EMTs serve as part of a licensed Emergency Medical Services Agency (reference 12VAC5-31-310); and WHEREAS, 12 VAC 5-31-420, paragraph C, an organization wishing to become a licensed EMS agency must obtain an ordinance or resolution from the governing body of each locality where the agency maintains an office, stations an EMS vehicle for response within a locality or is a Designated Emergency Response Agency as required by § 15.2-955 of the Code of Virginia confirming approval, and such ordinance or resolution must specify the geographic boundaries of the agency's primary service area within the locality; BE IT RESOLVED, the City of Salem approves the establishment of Western-Star Hospital Authority, Inc. dba Metro Health EMS to establish a Transport Medical Services Agency to provide emergency and non-emergency services to the U.S. Department of Veterans Affairs within the City of Salem. Upon a call for an aye and a nay vote, the same stood as follows: John E. Saunders – William D. Jones – Byron Randolph Foley – James W. Wallace III – Renee F. Turk – ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia February 7, 2022 City of Salem Clerk of Council Hon. City Council and City Manager Robert Light 114 North Broad Street Salem, VA 24153 RE: Western-Star Hospital Authority Inc., d/b/a Metro Health EMS Request for Letter of Resolution to Operate Within the City of Salem Dear Hon. City Council of Salem, Western-Star Hospital Authority, Inc., d/b/a Metro Health EMS is a licensed ambulance service within the Commonwealth of Virginia providing emergency and non-emergency services to the U.S. Department of Veterans Affairs within the City of Salem. Western-Star Hospital Authority’s main office is located in the Richmond Virginia area. We are hereby requesting a resolution of operations that are located at 150 W. 4th Street Salem, VA 24153. Our current services are being provided to the VA medical center. Under the Virginia Commonwealth regulations, Western-Star must notify the City of its present and its business intent. Please receive the request as a notice to operate a business within the City of Salem. Attach are a copy of our State License and article of Incorporation for the Commonwealth of Virginia Respectfully, Joab L. Kunin J. Kunin, Vice President of Operations. IN THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, April 25, 2022: RESOLUTION 1425 WHEREAS, Michael Maxey joined Roanoke College in 1985 and has become the longest - serving member of the institution's leadership team with over four decades of leadership; he was selected as the 11th president of the college in 2007; and WHEREAS, during Michael Maxey’s tenure as President, his leadership facilitated significant academic, campus, and athletic initiatives that enabled Roanoke College to flourish and grow; and WHEREAS, Council is desirous of expressing official acknowledgment and sincere appreciation to President Maxey upon retirement for his impact and contributions to the City of Salem; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Salem City Council renames the section of High Street in the heart of the Roanoke College campus between Clay Street and Peery Drive to Maxey Way. Upon a call for an aye and a nay vote, the same stood as follows: John E. Saunders – William D. Jones – Byron Randolph Foley – James W. Wallace III – Renee F. Turk – ATTEST: H. Robert Light Clerk of Council City of Salem, Virginia