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HomeMy WebLinkAbout8/22/2005 - City Council - Minutes - Regular94 REQUEST OF TLF MCCLUNG, PROPERTY OWNER, AND CHERNEY DEVELOPMENT COMPANY, INC. , CONTRACT PURCHASER, FOR REZONING 14.25 ACRES (TAX MAP NUMBERS 9-1-3 AND 9-1-4 AND 20-2-2 AND 20-2-3) LOCATED IN THE 200 AND 300 BLOCKS OF PENGUIN LANE FROM RSF TO PUD DENIED August 22, 2005 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 22, 2005, at 7:30 p.m., there being present all the members of said Council, to wit: Carl E. Tarpley, Jr., Howard C. Packett, John C. Givens, Jane W. Johnson, and John Christopher Clemens; with Carl E. Tarpley, Jr., Mayor, presiding; together with Forest G. Jones, City Manager; James E. Taliaferro, II, Assistant City Manager and Clerk of Council; Frank P. Turk, Director of Finance; Joseph E. Yates, Jr., Director of Planning and Development; Melinda J. Payne, Public Information Officer; Melvin B. Doughty, Interim Director of Water and Sewer Department; Charles E. Van Allman, Jr., Interim City Engineer; and Stephen M. Yost, City Attorney; and the following business was transacted: The minutes of the regular meeting of August 8, 2005, were approved as written. Mayor Tarpley reported that this date and time had been set to hold a public hearing to consider the request of TLF McClung, property owner, and Cherney Development Company, Inc., contract purchaser, for rezoning 14.25 acres (Tax Map Numbers 9-1-3 and 9-1-4 and 20-2-2 and 20-2-3) located in the 200 and 300 blocks of Penguin Lane from RSF Residential Single Family District to PUD Planned Unit District; and WHEREAS, the Clerk of Council reported that notice of such hearing had been published in the August 4 and 11, 2005, issues of the Salem Times-Register, a newspaper published and having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its regular meeting held on August 10, 2005, recommended to the Council of the City of Salem that the request for rezoning be denied; and WHEREAS, staff noted: Planning Commission voted to recommend denial of the rezoning request at its July 13th meeting; the developers took their plan back to the drawing board and presented City Council an amended plan for its consideration at its July 25th meeting; City Council was of the opinion that the plan was significantly different to defer acting on the request and sent it back to the Planning Commission for further consideration; there are two main differences in the plan presented to City Council and the original plan that was denied by the Planning Commission; the overall density of the design has been reduced by over 25 percent from 102 to 75 single-family dwellings; the second major difference is the reduction in the number of proposed townhouses from 76 to 20; all the townhouses are being proposed in the corridor between Penguin Lane and the interior street; the remainder of the planned unit development is predominately single family attached and detached; the new plan increased the amount of single family detached homes from 12 to 23 and single family attached homes from 14 to 32; the overall layout of the development did not change; and a recommendation for approval is subject to the condition that the project must be developed in accordance with the plan submitted; and WHEREAS, Mary Ellen Goodlatte, Attorney representing Cherney Development Company, Inc., appeared before the Council noting that Cherney Development has signed a contract to purchase approximately 14.25 acres on Penguin Lane; the property is zoned residential, and it is currently undeveloped; the plan for the residential community has changed dramatically since it was first introduced to the neighbors; the development was originally an all townhome community, but it presently has only eighteen townhomes; the remaining homes are detached single-family or attached single-family; the overall density of the project has decreased dramatically from 102 homes to 75 homes; the concept plan shows how the residential development will be configured; the eighteen townhomes will be located along the outside perimeter, where Penguin Lane, Interstate 81, and the property have their closest connection; the townhomes are intentionally located along the edge to provide a good sound barrier for the development and the neighborhood from 1-81; the original plan provided for 76 townhomes in a 102 home development and was rejected by the Planning Commission in a unanimous vote; the revised plan before Council at this meeting was reviewed by the Planning Commission and comes to the Council with a three to two vote against the development; many of the concerns of the neighbors relate to what they will see and how they believe the style of this development, which is a mixture of stone or brick and siding, will clash with the existing brick faced neighborhood; and with this in mind, the developers engaged a landscape architect to prepare a perimeter landscape plan; and WHEREAS, Clay Grogan of Barnes, Grogan, Bowers, and Taylor of Design Group, PC, 201 East Main Street, Salem, appeared before the Council stating he prepared a conceptual perimeter plan for the project for Blue Ridge Companies, Inc., (Cherney Development); he stated he took into consideration the topography, existing vegetation, etc.; there is a mixture of different sizes of evergreens and conifers such as Otto Luyken, English Laurel, Leyland Cypress, Cryptomeria, and Rhododendron; there will also be sugar maple trees; the plan indicates an existing mature stand of hardwoods which will remain where possible; the remaining vegetation will be augmented by a variety of evergreens where necessary for screening; there is an eight to ten feet elevation change on Penguin Lane and this will remain as a berm for screening once the grading is accomplished from the remainder of the development; the interior landscaping will be heavy and the street trees will be similar to the plantings on street "A," etc.; and WHEREAS, Councilman Clemens stated that theoretically there is screening for the entire perimeter so the backs of all townhouses and houses cannot be seen; and Mr. Grogan stated that this is true; and WHEREAS, Mrs. Goodlatte stated that for the first four to five years, individuals traveling on Penguin Lane from Thompson Memorial Drive might be able to see the backs of the townhomes as the new trees mature; with that being the case and to address the preference of some neighbors for brick rather than siding construction, it is proposed that the backs of the townhomes will be brick rather than a combination of siding, stone, and brick; as the added landscaping along Penguin Lane matures in addition to the remaining mature landscaping, views into the backs of the townhomes will show brick construction or landscaping; the landscape plan and the design change for the rear of the townhomes requiring brick construction have been added to the developers proffers for this development; the additional concessions will not remove all objections, but it shows that the developer sees this project as a signature project for their company and the company has been going the extra mile in this planning process; the homes in this development will range in size from approximately 1,700 square feet to approximately 2,200 square feet; the prices for the detached single-family homes begin at approximately $319,000 and prices for townhomes begin at approximately $179,000; it is estimated that the average price will be between $290,000 and $300,000; these amounts are in line with the assessments of the existing neighborhood; as previously referenced, a mixed-use residential community works; Ridgewood Farms is an example that a residential community works; the recently adopted Zoning Ordinance focuses on ways that Salem could encourage quality infill development; this project provides housing choices for citizens; not everyone wants a house on a large lot and not everyone wants a small home in a community governed by a Homeowners' Association; vibrant cities have both; they have homes of types, styles, and sizes to accommodate all of the stages in life; she noted that over fifty single-family homes can be built on this property without public input and without a consistent development plan; the comprehensive approach makes sense; this is a great use for property between the interstate and an existing residential neighborhood; it is carefully planned to create a sense of community, to provide housing choices, and to use land efficiently following the principles set out in the new Zoning Ordinance; and she noted that Betty Smith, one of the project designers, is present to answer questions if Council so desires; and WHEREAS, Jim Cherney, representing Cherney Development, appeared before the Council stating he and his partner are developers from North Carolina; normally in any year, they have between 100 to 125 million dollars in projects under construction; this is a new project for their company as they principally construct multi-family residential developments; they are well known in North Carolina and South Carolina for their richly landscaped developments with curb appeal; in order to develop this particular project, they spent much time with Betty Smith and historical preservationists looking at the architectural style and history of Salem; Salem was built around a craftsman-style house; the developers have tried to bring yesterday's tradition into the future of Salem; this project, once completed, will have an estimated value of 22 million dollars; it is their plan to take the project from conception to completed project within thirty-six months, which means all of the lots will be developed and will have been marketed during that time; there might be some concern from residents in the neighborhood surrounding the property about the company's ability to finish the project; this is not a large project as they build apartment complexes from 250 units up to 400 units at one time; they have an excellent reputation with Wachovia and BB&T banks; prior to the banking institutions loaning money to his organization, they will require performance guarantees in the form of a performance bond; they have been in business long enough to secure preferential premium treatment; on this project they will be paying in the neighborhood of $150,000 to $175,000 range for the opportunity to borrow the money to build the project; there is also a completion bond in the neighborhood of $65,000 to $75,000 to guarantee to the bank that they will be finishing the project as laid out; he and his partner will be committed to 2.5 million dollars each for out of pocket expenses; etc.; and Inc., (Cherney Development); he stated he took into consideration the topography, existing vegetation, etc.; there is a mixture of different sizes of evergreens and conifers such as Otto Luyken, English Laurel, Leyland Cypress, Cryptomeria, and Rhododendron; there will also be sugar maple trees; the plan indicates an existing mature stand of hardwoods which will remain where possible; the remaining vegetation will be augmented by a variety of evergreens where necessary for screening; there is an eight to ten feet elevation change on Penguin Lane and this will remain as a berm for screening once the grading is accomplished from the remainder of the development; the interior landscaping will be heavy and the street trees will be similar to the plantings on street "A," etc.; and WHEREAS, Councilman Clemens stated that theoretically there is screening for the entire perimeter so the backs of all townhouses and houses cannot be seen; and Mr. Grogan stated that this is true; and WHEREAS, Mrs. Goodlatte stated that for the first four to five years, individuals traveling on Penguin Lane from Thompson Memorial Drive might be able to see the backs of the townhomes as the new trees mature; with that being the case and to address the preference of some neighbors for brick rather than siding construction, it is proposed that the backs of the townhomes will be brick rather than a combination of siding, stone, and brick; as the added landscaping along Penguin Lane matures in addition to the remaining mature landscaping, views into the backs of the townhomes will show brick construction or landscaping; the landscape plan and the design change for the rear of the townhomes requiring brick construction have been added to the developers proffers for this development; the additional concessions will not remove all objections, but it shows that the developer sees this project as a signature project for their company and the company has been going the extra mile in this planning process; the homes in this development will range in size from approximately 1,700 square feet to approximately 2,200 square feet; the prices for the detached single-family homes begin at approximately $319,000 and prices for townhomes begin at approximately $179,000; it is estimated that the average price will be between $290,000 and $300,000; these amounts are in line with the assessments of the existing neighborhood; as previously referenced, a mixed-use residential community works; Ridgewood Farms is an example that a residential community works; the recently adopted Zoning Ordinance focuses on ways that Salem could encourage quality infill development; this project provides housing choices for citizens; not everyone wants a house on a large lot and not everyone wants a small home in a community governed by a Homeowners' Association; vibrant cities have both; they have homes of types, styles, and sizes to accommodate all of the stages in life; she noted that over fifty single-family homes can be built on this property without public input and without a consistent development plan; the comprehensive approach makes sense; this is a great use for property between the interstate and an existing residential neighborhood; it is carefully planned to create a sense of community, to provide housing choices, and to use land efficiently following the principles set out in the new Zoning Ordinance; and she noted that Betty Smith, one of the project designers, is present to answer questions if Council so desires; and WHEREAS, Jim Cherney, representing Cherney Developme n t, appeared before the Council stating he and his partner are developers from North Carolina; normally in any year, they have between 100 to 125 million dollars in projects under construction; this is a new project for their company as they principally construct multi-family residential developments; they are well known in North Carolina and South Carolina for their richly landscaped developments with curb appeal; in order to develop this particular project, they spent much time with Betty Smith and historical preservationists looking at the architectural style and history of Salem; Salem was built around a craftsman-style house; the developers have tried to bring yesterday's tradition into the future of Salem; this project, once completed, will have an estimated value of 22 milli o n dollars; it is their plan to take the project from conception to completed project within thirty-six months, which means all of the lots will be developed and will have been marketed during that time; there might be some concern from residents in the neighborhood surrounding the property about the company's ability to finish the project; this is not a large project as they build apartment complexes from 250 units up to 400 units at one time; they have an excellent reputation with Wachovia and BB&T banks; prior to the banking institutions loaning money to his organization, they will require performance guarantees in the form of a performance bond; they have been in business l o ng enough to secure preferential premium treatment; on this project they will be paying in the neighborhood of $150,000 to $175,000 range for the opportunity t o borrow the money to build the project; there is also a completion bond in the neighborhood of $65,000 to $75,000 to guarantee to the bank that they will be finishing the project as laid out; he and his partner will be committed to 2.5 million dollars each for out of pocket expenses; etc.; and 95 WHEREAS, Mayor Tarpley stated he has purchased two townhomes; each time he purchased a townhome, he was able to look at previous homes built by the developer; and in this case, there are no other developments in this area for comparison; and WHEREAS, Mr. Cherney stated that there are comparisons as he designed this concept in the Rock Hill, South Carolina, development; neither he nor his partner participated in that project, but the design is theirs from the ground up; that project was a 56 unit product; they did not participate in this project as the developer that had assembled both retail and residential land bought them out; and he and his partner have 6,000 apartment units on the ground in North Carolina, South Carolina, and Virginia; the Orchards Apartments in Roanoke were developed by his partner; and WHEREAS, Councilwoman Johnson stated that, in talking with the neighbors, there is still a large concern about the townhomes being a part of the project; and she questioned whether it would be a deal breaker to replace the townhomes with single-family attached homes; and WHEREAS, Mr. Cherney stated that there have been three neighborhood meetings, and adaptation has been made as the result of each of these meetings; this is a signature product for his firm; they are building thirty-five of this particular product in Roanoke on U. S. 460 (Challenger Avenue); they would like to break ground on the U. S. 460 project at the same time as the Salem project if approved; their corporate goals are to have 100 units on the ground this year, 300 next year, and 1,000 the following year; he reiterated that this is the signature property, and they realize that Salem is a special situation; it is his opinion that the opposition can be converted over time once the project is completed; there is $800,000 that will be directed to landscape and appearance of the entire project; there will be a distinguished entrance and a floored water feature with a fountain instead of just a detention pond that is being aerated; lots of curb appeal will be created for this project; the trees securing the perimeter of the property do create a visual impairment, and it will be difficult to see the product from the road; they can modify the townhomes; etc.; and WHEREAS, Councilman Clemens noted that a lot of changes have been made since the last consideration by Council; and he questioned why there are still so many townhomes proposed for this development; and WHEREAS, Mr. Cherney stated that the number of townhomes has been reduced to eighteen; and principally, the use of townhomes is for a sound barrier for the remainder of the community; they are discussing using a veneer of concrete block along with a veneer of brick for these units; this would soundproof the living space from the traffic noise of Interstate 81 and would additionally create, in effect, a sound barrier wall for not only this community, but also the homes that back up to the proposed development; and the Leyland cypress has a proposed maturity growth of approximately 50 to 60 feet and the Japanese cedar has a very tall maturity growth; these trees would also create a barrier; and WHEREAS, Councilman Clemens questioned whether Mr. Cherney understood from the meetings with the adjacent property owners that this project is not consistent with the adjacent homes in the area; and WHEREAS, Mr. Cherney stated that the neighborhood on Penguin Lane is unique by its inconsistencies of architectural styles; the homes are brick and range from ranch to colonial homes; it is his opinion that there is always resistance to change; this project represents some change in density, but the quality of living will be a fine quality and high standard of living; the individuals who purchase these homes would be bringing an economic dimension to Salem by creating 75 more living spaces; and WHEREAS, Mrs. Goodlatte stated that the developers are attempting to demonstrate that the residents will not be able to see the townhomes; to the extent that glimpses will be seen between the trees, the townhomes will be brick instead of siding; the neighbors were concerned about siding on the townhomes, but the townhomes will be brick; the project has gone from all townhomes to 76 townhomes to 20 townhomes to 18 townhomes; the developers are blocking the view of the townhomes, and she noted the townhomes provide a benefit to the community and the residents beyond as a sound buffer; Mr. Cherney is prepared, if it is Council's desire, to replace the eighteen townhomes with no more than sixteen attached or detached single-family homes with the backs of the units being brick or separated by a brick wall from Penguin Lane; if Council wants townhomes to be eliminated, the developers are prepared to eliminate the townhomes; she noted that, if townhomes are 96 WHEREAS, Mayor Tarpley stated he has purchased two townhomes ; each time he purchased a townhome, he was able to look at previous homes built by the developer ; and in this case , there are no other developments in this area for comparison; and WHEREAS, Mr . Cherney stated that there are comparisons as he designed this concept in the Rock Hill, South Carolina , development ; neither he nor his partner participated in that project, but the design is theirs from the ground up ; that project was a 56 unit product ; they did not participate in this project as the developer that had assembled both retail and residential land bought them out ; and he and his partner have 6 ,000 apartment units on the ground in North Carolina, South Carolina, and Virginia; the Orchards Apartments in Roanoke were developed by his partner ; and WHEREAS, Councilwoman Johnson stated that , in talking with the neighbors , there is still a large concern about the townhomes being a part of the project; and she questioned whether it would be a deal breaker to replace the townhomes with single-family attached homes ; and WHEREAS, Mr . Cherney stated that there have been three neighborhood meetings , and adaptation has been made as the result of each of these meetings ; this is a signature product for his firm ; they are building thirty-five of this particular product in Roanoke on U . S. 460 (Challenger Avenue); they would like to break ground on the U . S. 460 project at the same time as the Salem project if a pp roved; their corporate goals are to have 100 un i ts on the ground this year , 300 next year , and 1 ,000 the following year ; he reiterated that this is the signature property, and they realize that Salem is a special situation ; it is his opinion that the opposition can be converted over time once the project is completed; there is $800 ,000 that will be directed to landscape and appearance of the entire project; there will be a distinguished entrance and a floored water feature with a fountain instead of just a detention pond that is being aerated ; lots of curb appeal will be created for this project ; the trees securing the perimeter of the property do create a visual impairment , and it will be difficult to see the product from the road; they can modify the townhomes ; etc .; and WHE REAS , Co u nci lm an Cl e mens no t ed tha t a l o t o f ch anges have bee n made since the last consideration by Council ; and he ques ti oned why there are still so many townhomes proposed for this development ; and WHEREAS, Mr . Cherney stated that the number of townhomes has been reduced to eighteen ; and principally , the use of townhomes is for a sound barrier for the remainder of the community ; they are discussing u s ing a veneer of concrete block along with a veneer of brick for these units ; this would soundproof the living space from the traffic noise of Interstate 81 and would additionally create , in effect, a sound barrier wa l l for not only this community , but also the homes that back up to the proposed development; and the Leyland cypress has a proposed maturity growth of approximately 50 to 60 feet and the Japanese cedar has a very tall maturity growt h; these trees would also create a barrier ; and WHEREAS, Councilman Clemens questioned whether Mr. Cherney understood from the meetings with the adjacent property owners that this project is not cons i stent with the adjacent homes in the area; and WHEREAS , Mr. Cherney stated that the neighborhood on Penguin Lane is unique by its inconsistencies of architectural styles ; the homes are brick and range from ranch to colonial homes ; it is his opinion that there is always resistance to change ; this project represents some change in density, but the qual i ty of living will be a fine qual i ty and high standard of living ; the individuals who purchase these homes would be bringing an economic dimension to Salem by creating 75 more living spaces ; and WHEREAS , Mrs. Goodlatte stated that the developers are attempting to demonstrate that the residents will not be able to see the townhomes ; to the extent that glimpses will be seen between the trees , the townhomes will be brick instead of siding ; the neighbors were concerned about siding on the townhomes , but the townhomes will be brick; the project has gone from all townhomes to 76 townhomes to 20 townhomes to 18 townhomes ; the developers are blocking the view of the townhomes, and she noted the townhomes provide a benefit to the community and the residents beyond as a sound buffer; Mr . Cherney is prepared , if it is Council 's desire , to rep l ace the eighteen townhomes with no more than sixteen attached or detached single-family homes with the backs of the units being brick or separated by a brick wall from Penguin Lane ; if Council wants townhomes to be eliminated , the developers are prepared to eliminate the townhomes ; she noted that, if townhomes are eliminated, the developers might want to construct a brick wall along Penguin Lane to serve as a sound barrier and neighbors driving along Penguin Lane would still have brick or landscaping; and WHEREAS, Mike Spangler, 381 Penguin Lane, appeared before the Council stating his house is solid brick construction with no veneer brick, and his house is consistent with the neighborhood; as a business owner, he moved his business to Salem from Christiansburg in 2000, and it is his opinion that Salem offers an attractive climate for businesses and families; this is the first Planned Unit Development project being considered for Salem; his main concern is why are we setting a precedent at this location; according to the Code of Virginia, a Planned Unit Development is a form of development characterized by a variety of housing types, clustering of buildings, common open space with a mix of building types; under the City of Salem Zoning Ordinance, the statement of intent concerning a Planned Unit District PUD encourages maximum flexibility and design and development of land; the PUD District allows a variety of housing options as well as commercial, civic, and office use types to serve the needs of the PUD residents; it is his opinion from the above descriptions that the PUD needs to be planned for a much larger undeveloped land mass to adequately accomplish what a PUD is designed to do and not an area of land restricted to 14 acres and limited road access; the builder is not from the Roanoke Valley or Virginia and is primarily an apartment developer and commercial developer; it is his opinion that a precedent will be set with an out of state builder that is unfamiliar with a PUD project, and it is not in the best interests of the residents of Salem to try to develop a PUD on minimal land of 14 acres, and the wrong precedent will be set; it is his opinion that the surrounding area needs to be developed as single-family units; and WHEREAS, Stuart Cochran, 361 Penguin Lane, appeared before the Council stating he is the newest resident of the neighborhood; last year, he and his wife spent a few months looking for a place to build their first home and to raise a family; they found a lot on Penguin Lane and built their dream home, which is all brick; now they learn that multi-unit housing may be built next to their dream home; he moved to Salem from Christiansburg to avoid this type of housing; this development's main goal is not to provide affordable housing for Salem, but to provide the developer with more profitable housing; etc.; and WHEREAS, Dennis Twine, 349 Penguin Lane, appeared before the Council stating this project would look bad from Interstate 81; it would be bad for the value of the homes in this area; it would be better if the project consisted of single-family homes; the value of his home is more than the developers are proposing; the best use of the land is to leave it as it is at the present time; and WHEREAS, Jan Hodges, 1101 Mountainview Drive, appeared before the Council stating that, in prior presentations, Mrs. Goodlatte has indicated that a Homeowners' Association will be incorporated into the proposed PUD development; she has lived in Salem Woods for three years; prior to moving to Salem Woods, she lived in a subdivision in North Roanoke County with a Homeowners' Association with property values ranging from $200,000 to $350,000; the primary purpose of the Homeowners' Association was to collect and pay taxes and to maintain the road; the annual fees were assessed and due annually with a reasonable fee; as treasurer for at least six years of that association, the collection of the fees was very difficult; most of the time they seldom had funds available to properly maintain the road; sometimes collection of dues was made only if the property were being sold, and the Association could make a claim for the dues not previously paid; it is her opinion that with the proposed development on Penguin Lane, the two very different property values ranging from $179,000 to over $300,000 make it a very questionable arrangement at best; funds will be needed for taxes, road and drainage pond upkeep, snow removal, and insurance issues; the market values on the townhome units starting at $179,000 may offer pricing diversity or affordable housing; however, those units may appeal to individuals who may not have extra disposable income such as students; it is her fear that they may not be able to keep up the property, and it would fall into a state of disrepair; to utilize a Homeowners' Association in this case is not compatible based on her personal experience; and she requested that Council consider this project very carefully; and WHEREAS, Patricia Bowers, 1304 Winston Drive, appeared before the Council reemphasizing to Council that this parcel of land is off of Exit 140, the most scenic entrance into Salem; unlike the highly commercial exits at 141 at Route 419 and Exit 137 at Wildwood Road, this exit travels toward downtown and journeys past the new Roanoke College entrance; this entrance to Salem was also featured on the front of the Salem Directory at one time; the citizens would like this area to stay natural and scenic, and it is their opinion that this can be done by building single-family homes on this property; and she urged Council to vote against the PUD on this property; and eliminated, the developers might want to construct a brick wall along Penguin Lane to serve as a sound barrier and neighbors driving along Penguin Lane would still have brick or landscaping; and WHEREAS, Mike Spangler, 381 Penguin Lane, appeared before the Council stating his house is solid brick construction with no veneer brick, and his house is consistent with the neighborhood; as a business owner , he moved his business to Salem from Christiansburg in 2000 , and it is his opinion that Salem offers an attractive climate for businesses and families; this is the first Planned Unit Development project being considered for Salem; his main concern is why are we setting a precedent at this location; according to the Code of Virginia, a Planned Unit Development is a form of development characterized by a variety of housing types , clustering of buildings, common open space with a mix of building types; under the City of Salem Zoning Ordinance, the statement of intent concerning a Planned Unit District PUD encourages maximum flexibility and design and development of land ; the PUD District allows a variety of housing options as well as commercial, civic, and office use types to serve the needs of the PUD residents; it is his opinion from the above descriptions that the PUD needs to be planned for a much larger undeveloped land mass to adequately accomplish what a PUD is designed to do and not an area of land restricted to 14 acres and limited road access; the builder is not from the Roanoke Valley or Virginia and is primarily an apartment developer and commercial developer; it is his opinion that a precedent will be set with an out of state builder that is unfamiliar with a PUD project, and it is not in the best interests of the residents of Salem to try to develop a PUD on minimal land of 14 acres, and the wrong precedent will be set; it is his opinion that the surrounding area needs to be developed as single-family units; and WHEREAS, Stuart Cochran, 361 Penguin Lane, appeared before the Council stating he is the newest resident of the neighborhood; last year , he and his wife spent a few months looking for a place to build their first home and to raise a family; they found a lot on Penguin Lane and built their dream home , which is all brick; now they learn that multi-unit housing may be built next to their dream home; he moved to Salem from Christiansburg to avoid this type of housing; this development's main goal is not to provide affordable housing for Salem, but to provide the developer with more profitable housing; etc.; and WHEREAS, Dennis Twine, 349 Penguin Lane, appeared before the Council stating this project would look bad from Interstate 81; it would be bad for the value of the homes in this area; it would be better if the project consisted of single-family homes; the value of his home is more than the developers are proposing; the best use of the land is to leave it as it is at the present time; and WHEREAS, Jan Hodges , 1101 Mountainview Drive , appeared before the Council stating that, in prior presentations, Mrs . Goodlatte has indicated that a Homeowners' Association will be incorporated into the proposed PUD development; she has lived in Salem Woods for three years; prior to moving to Salem Woods, she lived in a subdivision in North Roanoke County with a Homeowners' Association with property values ranging from $200,000 to $350,000; the primary purpose of the Homeowners' Association was to collect and pay taxes and to maintain the road; the annual fees were assessed and due annually with a reasonable fee; as treasurer for at least six years of that association, the collection of the fees was very difficult; most of the time they seldom had funds available to properly maintain the road; sometimes collection of dues was made only if the property were being sold, and the Association could make a claim for the dues not previously paid; it is her opinion that with the proposed development on Penguin Lane, the two very different property values ranging from $179,000 to over $300,000 make it a very questionable arrangement at best; funds will be needed for taxes, road and drainage pond upkeep, snow removal, and insurance issues ; the market values on the townhome units starting at $179,000 may offer pricing diversity or affordable housing ; however , those units may appeal to individuals who may not have extra disposable income such as students; it is her fear that they may not be able to keep up the property, and it would fall into a state of disrepair; to utilize a Homeowners' Association in this case is not compatible based on her personal experience; and she requested that Council consider this project very carefully ; and WHEREAS, Patricia Bowers, 1304 Winston Drive, appeared before the Council reemphasizing to Council that this parcel of land is off of Exit 140, the most scenic entrance into Salem; unlike the highly commercial exits at 141 at Route 419 and Exit 137 at Wildwood Road, this exit travels toward downtown and journeys past the new Roanoke College entrance; this entrance to Salem was also featured on the front of the Salem Directory at one time; the citizens would like this area to stay natural and scenic, and it is their opinion that this can be done by building single-family homes on this property; and she urged Council to vote against the PUD on this property; and 97 WHEREAS, Mark Lynch, 1107 Winners Circle, appeared before the Council stating there were three neighborhood meetings where a number of these issues were brought up; the neighborhood asked about patio homes and were told it could not be done; the neighborhood asked about leaving existing trees and were told it could not be done because the digging will tear up the root system causing the trees to die; now the developers are stating something different; the neighborhood is not against development as they would be supportive of housing that would fit in with their housing and values; the biggest thing that the neighborhood is hearing tonight is the developer states he is going to protect their housing from the neighborhood; the neighborhood is looking for a community that fits together; they would like new housing to be located on this property that fits in with the neighborhood; they would not want a brick wall built to block the neighborhood; the back of his house is 51 feet 11 inches from this property, and Mrs. Hagen's house is fewer than 10 feet from this property; he does not know if the project the developer is proposing will shield his house or not, but he and his neighbors are looking for a development that fits with the existing development; it is his opinion that the property values of the proposed development do not compare with the existing neighborhood; from a tax standpoint, the City needs development; two houses in their neighborhood that are brick went on the market this week with an asking price of approximately one-half million dollars; the proposed development property values do not compare with the existing neighborhood property values; Salem provides the best services in the Valley; to accomplish these services, the City must have money; townhomes may not devalue your home, but they will slow how fast the existing houses will increase in value; if the developers construct approximately 45 single-family houses on this property, Salem will over five to ten years realize 4.1 million dollars in difference in real estate values if there are no children to educate; overall the proposed development does not fit into the lot size or pricing of adjacent properties; the developers are saying at this meeting that they will make changes, but he doesn't know what changes they will make; and the neighborhood is not against change if the development fits into the neighborhood; and WHEREAS, Jim Williams, 1313 Winston Drive, appeared before the Council presenting photographs of the entrance to Salem, existing homes, etc.; he and his wife have lived in Salem 11 years, and the services in Salem are second to none; if the property is rezoned, the traffic will increase over 100% with the traffic entering Penguin Lane approximately 150 yards from the entrance to Thompson Memorial Drive; making a left-hand turn onto Thompson Memorial Drive will create congestion; the existing lot sizes are approximately three-fourths of an acre, and the lot sizes of the proposed development are .15 acre per unit; sixty-five percent of the existing homes are brick, and the development will be basically vinyl; the average home value is well over $400,000, and the development home values will be in the $250,000 to $275,000 range; the existing homes have old trees, nice lawns, and landscaped areas; this development will have a limited amount of land for these amenities; the existing community is valued at over $30,000,000 in the market today, and their investment needs to be protected; the existing streets are cul-de-sacs to provide for privacy; Exit 140 off of Interstate 81 is the most scenic entrance to Salem and is the gateway to Salem, etc.; he noted the Zoning Ordinance adopted by Council statement of intent regarding a PUD is to allow for the management of natural and scenic qualities of vacant land that is proposed for development; he further noted that the City of Roanoke has passed an ordinance prohibiting multi-family housing on some properties so as to maintain continuity to the surrounding single-family homes; the townhomes will become housing for Roanoke College students; Roanoke College does not have enough dormitories to house students, and this year they will increase their enrollment by four to five hundred students while building only three or four dorms, which will raise the housing percentage for students from 57% to 65%; there will always be students that desire to live off campus; if rezoned, the community will not be the same in ten to fifteen years; townhomes will not appreciate as quickly as homes allowing for more transition, etc.; the building restrictions of the existing community enhance and help maintain the value of their property; the City is landlocked and needs to be diligent in its planning; Homeowners' Associations do not always live up to expectations; the difference in the price of townhomes and single-family homes is almost double, and it is their opinion that the owners of each will have a different prospective on additional assessments needed to maintain the neighborhood; the private road should be a concern for Council as it could become a liability for Salem; this development will change the skyline for the entrance into Salem as the skyline was changed in the Tanglewood Mall area; trees will not be able to block out the backs of the townhomes from the gateway entrance from 1-81; etc.; and it is their opinion that the City needs to look at a much longer range planning, and it is their opinion that this development does not fit that criteria; this project is not appropriate as it does not provide compatibility and continuity to the existing community; the tax base for long range will be eroded as there would be less 98 WHEREAS, Mark Lynch, 1107 Winners Circle, appeared before the Council stating there were three neighborhood meetings where a number of these issues were brought up; the neighborhood asked about patio homes and were told it could not be done; the neighborhood asked about leaving existing trees and were told it could not be done because the digging will tear up the root system causing the trees to die; now the developers are stating something different; the neighborhood is not against development as they would be supportive of housing that would fit in with their housing and values; the biggest thing that the neighborhood is hearing tonight is the developer states he is going to protect their housing from the neighborhood; the neighborhood is looking for a community that fits together; they would like new housing to be located on this property that fits in with the neighborhood; they would not want a brick wall built to block the neighborhood; the back of his house is 51 feet 11 inches from this property, and Mrs. Hagen's house is fewer than 10 feet from this property; he does not know if the project the developer is proposing will shield his house or not, but he and his neighbors are looking for a development that fits with the existing development; it is his opinion that the property values of the proposed development do not compare with the existing neighborhood; from a tax standpoint, the City needs development; two houses in their neighborhood that are brick went on the market this week with an asking price of approximately one-half million dollars; the proposed development property values do not compare with the existing neighborhood property values; Salem provides the best services in the Valley; to accomplish these services, the City must have money; townhomes may not devalue your home, but they will slow how fast the existing houses will increase in value; if the developers construct approximately 45 single-family houses on this property, Salem will over five to ten years realize 4.1 million dollars in difference in real estate values if there are no children to educate; overall the proposed development does not fit into the lot size or pricing of adjacent properties; the developers are saying at this meeting that they will make changes, but he doesn't know what changes they will make; and the neighborhood is not against change if the development fits into the neighborhood; and WHEREAS, Jim Williams, 1313 Winston Drive, appeared before the Council presenting photographs of the entrance to Salem, existing homes, etc.; he and his wife have lived in Salem 11 years, and the services in Salem are second to none; if the property is rezoned, the traffic will increase over 100% with the traffic entering Penguin Lane approximately 150 yards from the entrance to Thompson Memorial Drive; making a left-hand turn onto Thompson Memorial Drive will create congestion; the existing lot sizes are approximately three-fourths of an acre, and the lot sizes of the proposed development are .15 acre per unit; sixty-five percent of the existing homes are brick, and the development will be basically vinyl; the average home value is well over $400,000, and the development home values will be in the $250,000 to $275,000 range; the existing homes have old trees, nice lawns, and landscaped areas; this development will have a limited amount of land for these amenities; the existing community is valued at over $30,000,000 in the market today, and their investment needs to be protected; the existing streets are cul-de-sacs to provide for privacy; Exit 140 off of Interstate 81 is the most scenic entrance to Salem and is the gateway to Salem, etc.; he noted the Zoning Ordinance adopted by Council statement of intent regarding a PUD is to allow for the management of natural and scenic qualities of vacant land that is proposed for development; he further noted that the City of Roanoke has passed an ordinance prohibiting multi-family housing on some properties so as to maintain continuity to the surrounding single-family homes; the townhomes will become housing for Roanoke College students; Roanoke College does not have enough dormitories to house students, and this year they will increase their enrollment by four to five hundred students while building only three or four dorms, which will raise the housing percentage for students from 57 % to 65 %; there will always be students that desire to live off campus; if rezoned, the community will not be the same in ten to fifteen years; townhomes will not appreciate as quickly as homes allowing for more transition, etc.; the building restrictions of the existing community enhance and help maintain the value of their property; the City is landlocked and needs to be diligent in its planning; Homeowners' Associations do not always live up to expectations; the difference in the price of townhomes and single-family homes is almost double, and it is their opinion that the owners of each will have a different prospective on additional assessments needed to maintain the neighborhood; the private road should be a concern for Council as it could become a liability for Salem; this development will change the skyline for the entrance into Salem as the skyline was changed in the Tanglewood Mall area; trees will not be able to block out the backs of the townhomes from the gateway entrance from I-81; etc.; and it is their opinion that the City needs to look at a much longer range planning, and it is their opinion that this development does not fit that criteria; this project is not appropriate as it does not provide compatibility and continuity to the existing community; the tax base for long range will be eroded as there would be less appreciation for this property as well as the existing properties; if approved, it lends itself to a domino effect because there are other parcels surrounding this site that could be approved for this type of building, etc.; and WHEREAS, Margaret McClung, 1480 Hollybrook Road, appeared before the Council stating that in housing the old saying of one size fits all does not apply; this development features two and three bedroom homes and is similar to Wiley Court on Locust Street in Salem, which also share a common greenspace; all other houses in Langhorne Place are situated traditionally and most have higher appraisals than these; these houses in Wiley Court are seldom on the market for sale, which testifies to their demand and need in Salem; there is a diversity of families living in Wiley Court such as empty nesters, single professionals, and young families; a vibrant, thriving City makes provisions for all types of houses; Council showed imagination and vision in providing for development such as these in the new Zoning Ordinance; she urged Council to implement its vision by approving the development; and WHEREAS, Lew McClung appeared before the Council stating that the property was purchased as an investment to fund college education, and his daughter started college on Saturday; a number of offers in the past have been rejected; the time has come for development, and the property will be developed; the property will not remain a forest forever unless someone would like to buy it from them and maintain it as a forest; they will entertain this offer; the decision is what will go on this property; it is his opinion that they have had a good partnership with the neighbors and responded to their input; that may have created more trouble as the neighbors are not sure what is being planned or that the developers have lost their vision; Mr. Cherney is a skilled developer and will follow the plan that has been laid out; he is concerned what might happen if the partnership dissolves; he noted that he does not want the neighbors to think that there will be five $800,000 homes when that is one vision, but another vision needs to be considered as reality that the land can be denuded; he doesn't want the partnership with this developer to be dissolved; his driveway is closer to the entrance to this property than individuals living on Mountainview Drive, and he has a vested interest in seeing that this property is developed as beautifully as possible; this is a great project before Council; he is concerned what might be, and not what is, as this is a great project, etc.; and this project will keep the gateway as beautiful as possible; and WHEREAS, Fran Ferguson, 1917 Maylin Drive, appeared before the Council stating she lives in an older neighborhood adjacent to Ridgewood Farms; Ridgewood Farms looks nothing like her brick house, but it is her opinion that the condos at Ridgewood Farms have not had a negative impact on the value of her house; her family has owned the property on Penguin Lane for more than twenty years; the property has been shared with the neighbors as almost a park in previous years; the property owners are ready to develop this property, and they want everything done in Salem to be top notch; it is her opinion that this project will be top notch; this project will keep some Salem residents in Salem and will bring additional residents to Salem; the project will pump $20,000,000 into the economy; she noted the contractor is from North Carolina, but he will be spending a lot of money with Salem contractors employing Salem citizens; they are concerned about protecting the investment of their neighbors, but they want to see the best project be located on this property in order for their property values to be maintained as high as possible; on behalf of the neighbors, she is requesting that the plan be approved in order for the owners to be assured that the project is of the highest quality possible; and WHEREAS, Debbie Stratton, 5175 Twelve O'clock Knob Road, appeared before the Council stating that she and her husband are property owners at 501 Union Street and 1110 Fisher Avenue in Salem; she is of the opinion that the proposed project supports the City's Comprehensive Plan for providing diverse housing options; it provides for newcomers to Salem; it provides the prospect of generating tax dollars now to enhance the high quality of living of all involved in the Salem community; she is concerned about the well being of all of Salem's families and children; and it is her opinion that this project would benefit all of Salem; and WHEREAS, Jeff Wendell, representing Sondra Hagen of 350 Penguin Lane, appeared before Council stating that he is a homeowner at Ridgewood Farms; the proposed PUD and Ridgewood Farms cannot be compared; Ridgewood Farms was built prior to a concept such as the PUD; more importantly, it fits in with its surroundings; that is one of the reasons Ridgewood Farms has done so well over time; the concept of the PUD is not in question; what is in question at this time is where to locate a PUD; the neighbors are of the opinion that this particular PUD is not compatible with the existing and future neighbors; and appreciation for this property as well as the existing properties; if approved, it lends itself to a domino effect because there are other parcels surrounding this site that could be approved for this type of building, etc.; and WHEREAS, Margaret Mcclung, 1480 Hollybrook Road, appeared before the Council stating that in housing the o ld saying of one size fits all does not apply; this development features two and three bedroom homes and is similar to Wiley Court on Locust Street in Salem, which also share a common greenspace; all other houses in Langhorne Place are situated traditionally and most have higher appraisals than these; these houses in Wiley Court are seldom on the market for sale, which testifies to their demand and need in Salem; there is a diversity of families living in Wiley Court such as empty nesters, single professionals, and young families; a vibrant, thriving City makes provisions for all types of houses; Council showed imagination and vision in providing for development such as these in the new Zoning Ordinance; she urged Council to implement its vision by approving the development; and WHEREAS, Lew McClung appeared before the Council stating that the property was purchased as an investment to fund college education, and his daughter started college on Saturday; a number of offers in the past have been rejected; the time has come for development, and the property will be developed; the property will not remain a forest forever unless someone would like to buy it from them and maintain it as a forest; they will entertain this offer; the decision is what will go on this property; it is his opinion that they have had a good partnership with the neighbors and responded to their input; that may have created more trouble as the neighbors are not sure what is being planned or that the developers have lost their vision ; Mr. Cherney is a skilled developer and will follow the plan that has been laid out; he is concerned what might happen if the partnership dissolves; he noted that he does not want the neighbors to think that there will be five $800,000 homes when that is one vision, but another vision needs to be considered as reality that the land can be denuded; he doesn't want the partnership with this developer to be dissolved; his driveway is closer to the entrance to this property than individuals living on Mountainview Drive, and he has a vested interest in seeing that this property is developed as beautifully as possible; this is a great project before Council; he is concerned what might be, and not what is, as this is a great project, etc.; and this project will keep the gateway as beautiful as possible; and WHEREAS, Fran Ferguson, 1917 Maylin Drive, appeared before the Council stating she li ves in an older neighborhood adjacent to Ridgewood Farms; Ridgewood Farms looks nothing like her brick house, but it is her opinion that the condos at Ridgewood Farms have not had a negative impact on the value of her house; her family has owned the property on Penguin Lane for more than twenty years; the property has been shared with the neighbors as almost a park in previous years; the property owners are ready to develop this property, and they want everything done in Salem to be top notch; it is her opinion that this project will be top notch; this project will keep some Salem residents in Salem and will bring additional residents to Salem; the project will pump $20,000,000 into the economy; she noted the contractor is from North Carolina, but he will be spending a lot of money with Salem contractors employing Salem citizens; they are concerned about protecting the investment of their neighbors, but they want to see the best project be located on this property in order for their property values to be maintained as high as possible; on behalf of the neighbors, she is requesting that the plan be approved in order for the owners to be assured that the project is of the highest quality possible; and WHEREAS, Debbie Stratton, 5175 Twelve O'clock Knob Road, appeared before the Council stating that she and her husband are property owners at 501 Union Street and 1110 Fisher Avenue in Salem; she is of the opinion that the proposed project supports the City's Comprehensive Plan for providing diverse housing options; it provides for newcomers to Salem; it provides the prospect of generating tax dollars now to enhance the high quality of living of all involved in the Salem community; she is concerned about the well being of all of Salem's families and children; and it is her opinion that this project would benefit all of Salem; and WHEREAS, Jeff Wendell, representing Sondra Hagen of 350 Penguin Lane, appeared before Council stating that he is a homeowner at Ridgewood Farms; the proposed PUD and Ridgewood Farms cannot be compared; Ridgewood Farms was built prior to a concept such as the PUD; more importantly, it fits in with its surroundings; that is one of the reasons Ridgewood Farms has done so well over time; the concept of the PUD is not in question; what is in question at this time is where to locate a PUD; the neighbors are of the opinion that this particular PUD is not compatible with the existing and future neighbors; and 99 WHEREAS, David McClung, property owner, appeared before the Council stating he has been in the construction business in Salem for his entire life and he has seen good, bad, and ugly projects; it is his opinion that this is a good project; Mr. Cherney does good work and has made efforts to refine the project to meet the needs of the community; many of the objections that have been raised are not viable with traffic being an example of items that cannot be considered in questioning its viability; the land is suitable for this project; the efforts being made to screen the property have been shown at this meeting; the majority of the trees can be maintained in the perimeter of this property; there is a good walking path for people who have been walking their dogs on this property for years to continue using the property; the project deserves Council's consideration and affirmative vote; and WHEREAS, Mark Lynch stated at the first neighborhood meeting that he spoke with Mr. Cherney about purchasing the land; at that time, the attorney for Mr. Cherney stated he should not discuss this with the neighbors; the idea that has been brought up that the neighborhood won't bend, won't change, and won't look at buying is not true; he asked that question and the advice was not to talk about the possible purchase by the neighborhood; the neighborhood is not against the development and not against looking at alternatives, they just don't think this plan fits; and WHEREAS, Mrs. Goodlatte stated that she did instruct Mr. Cherney not to answer the question asked by Mr. Lynch or someone else pertaining to the specific purchase price he was paying for the property; this price was a matter of contract between Mr. Cherney and the McClung family, and it was inappropriate for Mr. Cherney to talk about the purchase price without the consent of the McClung family; some of the neighbors hope that the property will remain as woods or not be developed; she stated that the property remaining undeveloped is not an option, as the property will be developed; the new Zoning Ordinance permits lot sizes to be 9,000 square feet or one-quarter of an acre; as you know, in a developed city like Salem where land is a premium, the high price the developers pay for land requires that the developers look at developments such as this one where the lot sizes are smaller; the developers have been criticized for changing the plan; it is hard to criticize when the developer has gone the extra mile time and time again; it is her opinion that the changes that have been made are all good and have made this a better project; it is good for the developer, good for the purchasers of the developed property, and good for the neighbors; the developers are willing to proffer that there will be no townhomes and will replace the eighteen townhomes with no more than sixteen attached or detached single-family homes with the backs of the units on Penguin Lane being brick or the units separated from Penguin Lane by a brick wall; this would reduce the number of units from seventy-five to seventy-three as well as eliminate townhomes; since townhomes continue to be an irritant to neighbors, notwithstanding the attempt of the developers to hide them with buffering, grading, etc., the developers are prepared to proffer seventy-three attached or detached single-family homes with no townhomes; the default decision for this property would allow over fifty single-family homes on smaller lots in a development that would not be consistent and could be haphazard; and WHEREAS, Mayor Tarpley stated that he understands that the property will be developed; it is his opinion that this development will change the character of the neighborhood; he does not want the neighborhood character to change; it is his opinion that the property can be developed with 42 to 50 single-family homes; and WHEREAS, Vice Mayor Packett stated that the proposed development does not look like a PUD; he agrees with the Mayor that the proposed development would change the character of the neighborhood; and WHEREAS, Councilman Givens stated his concerns pertaining to the effectiveness of a Homeowners' Association being able to make the property owners pay dues to cover the roads, etc.; although this would be a nice development, it is not consistent with the neighborhood; and WHEREAS, Councilwoman Johnson stated that her vision of a PUD would require a larger land mass and more amenities than this project offers; she appreciates all the adjustments made by Mr. Cherney in listening to the neighbors; she is still concerned pertaining to density in the 14 acres; it is her opinion that the development is too dense to be compatible with the neighborhood; and WHEREAS, Councilman Clemens stated they have not criticized the changes that have been made throughout the plan process; it was hoped that the changes would be more far reaching in that the neighborhood could communicate with Mr. Cherney and Mrs. Goodlatte and reach a compromise, but this has not occurred; 100 WHEREAS, David Mcclung, property owner, appeared before the Council stating he has been in the construction business in Salem for his entire life and he has seen good, bad, and ugly projects; it is his opinion that this is a good project; Mr. Cherney does good work and has made efforts to refine the project to meet the needs of the community; many of the objections that have been raised are not viable with traffic being an example of items that cannot be considered in questioning its viability; the land is suitable for this project; the efforts being made to screen the property have been shown at this meeting; the majority of the trees can be maintained in the perimeter of this property; there is a good walking path for people who have been walking their dogs on this property for years to continue using the property; the project deserves Council's consideration and affirmative vote; and WHEREAS, Mark Lynch stated at the first neighborhood meeting that he spoke with Mr. Cherney about purchasing the land; at that time, the attorney for Mr. Cherney stated he should not discuss this with the neighbors; the idea that has been brought up that the neighborhood won't bend, won't change, and won't look at buying is not true; he asked that question and the advice was not to talk about the possible purchase by the neighborhood; the neighborhood is not against the development and not against looking at alternatives, they just don't think this plan fits; and WHEREAS, Mrs. Goodlatte stated that she did instruct Mr. Cherney not to answer the question asked by Mr. Lynch or someone else pertaining to the specific purchase price he was paying for the property; this price was a matter of contract between Mr. Cherney and the Mcclung family, and it was inappropriate for Mr. Cherney to talk about the purchase price without the consent of the Mcclung family; some of the neighbors hope that the property will remain as woods or not be developed; she stated that the property remaining undeveloped is not an option, as the property will be developed; the new Zoning Ordinance permits lot sizes to be 9,000 square feet or one-quarter of an acre; as you know, in a developed city like Salem where land is a premium, the high price the developers pay for land requires that the developers look at developments such as this one where the lot sizes are smaller; the developers have been criticized for changing the plan; it is hard to criticize when the developer has gone the extra mile time and time again; it is her opinion that the changes that have been made are all good and have made this a better project; it is good for the developer, good for the purchasers of the developed property, and good for the neighbors; the developers are willing to proffer that there will be no townhomes and will replace the eighteen townhomes with no more than sixteen attached or detached single-family homes with the backs of the units on Penguin Lane being brick or the units separated from Penguin Lane by a brick wall; this would reduce the number of units from seventy-five to seventy-three as well as eliminate townhomes; since townhomes continue to be an irritant to neighbors, notwithstanding the attempt of the developers to hide them with buffering, grading, etc., the developers are prepared to proffer seventy-three attached or detached single-family homes with no townhomes; the default decision for this property would allow over fifty single-family homes on smaller lots in a development that would not be consistent and could be haphazard; and WHEREAS, Mayor Tarpley stated that he understands that the property will be developed; it is his opinion that this development will change the character of the neighborhood; he does not want the neighborhood character to change; it is his opinion that the property can be developed with 42 to 50 single-family homes; and WHEREAS, Vice Mayor Packett stated that the proposed development does not look like a PUD; he agrees with the Mayor that the proposed development would change the character of the neighborhood; and WHEREAS, Councilman Givens stated his concerns pertaining to the effectiveness of a Homeowners' Association being able to make the property owners pay dues to cover the roads, etc.; although this would be a nice development, it is not consistent with the neighborhood; and WHEREAS, Councilwoman Johnson stated that her vision of a PUD would require a larger land mass and more amenities than this project offers; she appreciates all the adjustments made by Mr. Cherney in listening to the neighbors; she is still concerned pertaining to density in the 14 acres; it is her opinion that the development is too dense to be compatible with the neighborhood; and WHEREAS, Councilman Clemens stated they have not criticized the changes that have been made throughout the plan process; it was hoped that the changes would be more far reaching in that the neighborhood could communicate with Mr. Cherney and Mrs. Goodlatte and reach a compromise, but this has not occurred; 101 what concerns him is what he will see when he exits the Interstate at this location in five years, etc.; he thinks that everyone that is concerned about the development has thought of what will happen; if Council says no to this project, Council does not know what will be on this property in five years; if Council says yes to the project, Council knows exactly what will be built in this property; and someone needs to think about how to develop the property in a way that is consistent with the rest of the neighborhood for the gateway of Salem; and WHEREAS, Councilwoman Johnson stated she is not opposed to a PUD development; Wiley Court and Ridgewood Farms are fine examples of a way to incorporate a different concept into an existing neighborhood; they both work; she cannot compare Wiley Court and Ridgewood Farms to this project; and WHEREAS, Vice Mayor Packett stated that Council needs to keep in mind that the property will be developed; the next person that purchases this property and puts homes on it does not have to guarantee screening, etc., as the petitioner at this meeting is proffering; ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, the request of TLF McClung, property owner, and Cherney Development Company, Inc., contract purchaser, for rezoning 14.25 acres (Tax Map Numbers 9-1-3 and 9-1-4 and 20-2-2 and 20-2-3) located in the 200 and 300 blocks of Penguin Lane from RSF Residential Single Family District to PUD Planned Unit District as outlined at this meeting of Council was hereby denied -- the roll call vote being as follows: John Christopher Clemens - aye; Jane W. Johnson - aye; John C. Givens - aye; Howard C. Packett - aye; and Carl E. Tarpley, Jr. - aye. Council took a five minute break. Mayor Tarpley reported that this date and time had been set to hold a public hearing to consider the request of Ray L. Robinson, property owner, for rezoning the property located at 22 Dixie Drive (Tax Map #127-3-10) from HBD Highway Business District to RSF Residential Single Family District with condition; and WHEREAS, the Clerk of Council reported that notice of such hearing had been published in the August 4 and 11, 2005, issues of the Salem Times-Register, a newspaper published and having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its regular meeting held on August 10, 2005, recommended to the Council of the City of Salem that the request for rezoning be approved with the condition voluntarily proffered; and WHEREAS, staff noted the following: this single-family residence located behind the Salem Times-Register building on Dixie Drive is currently zoned HBD Highway Business District; the house is grandfathered nonconforming and is currently being rented; the person renting the house wishes to purchase it and continue to live there; the mortgage company will not loan money for property that is grandfathered nonconforming; while the use of the property as a residence is a valid use, the entire block is zoned Highway Business District; the petitioner is voluntarily proffering a condition of the rezoning that should the property cease to be used as a residence, the zoning would automatically revert to the HBD Highway Business District zoning without further action by the Planning Commission or City Council; and WHEREAS, no one appeared in support of or in opposition to said rezoning; and WHEREAS, Councilman Givens stated that the property will be used for a single-family dwelling; the petitioners are proffering the condition that should the property cease to be used as a residence, the zoning would automatically revert to the HBD Highway Business District Zoning; ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY VICE MAYOR PACKETT, AND DULY CARRIED, an ordinance entitled "AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA," was duly passed on first reading with the condition voluntarily proffered by the petitioner — the roll call vote being as follows: John Christopher Clemens - aye; Jane W. Johnson - aye; John C. Givens - aye; Howard C. Packett - aye; and Carl E. Tarpley, Jr. - aye. ORDINANCE PASSED ON FIRST READING REZONING THE PROPERTY OF RAY L. ROBINSON, PROPERTY OWNER, LOCATED AT 22 DIXIE DRIVE (TAX MAP #127-3- 10) FROM HBD TO RSF WITH CONDITION what concerns him is what he will see when he exits the Interstate at this location in five years, etc.; he thinks that everyone that is concerned ab o ut the development has thought of what will happen; if Council says no to this project, Council does not know what will be on this property in five years; if Council says yes to the project, Council knows exactly what will be built in this property; and someone needs to think about how to develop the property in a way that is consistent with the rest of the neighborhood for the gateway o f Salem; and WHEREAS, Councilwoman Johnson stated she is not opposed to a PUD development; Wiley Court and Ridgewood Farms are fine examples of a way to incorporate a different concept into an existing neighborhood; they both work; she cannot compare Wiley Court and Ridgewood Farms to this project; and WHEREAS, Vice Mayor Packett stated that Council needs t o keep in mind that the property will be developed; the next person that purchases this property and puts homes on it does not have to guarantee screening, etc., as the petitioner at this meeting is proffering; ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, the request of TLF Mcclung, property owner, and Cherney Development Company, Inc., contract purchaser, for rezoning 14.25 acres (Tax Map Numbers 9-1-3 and 9-1-4 and 2 0-2-2 and 2 0-2-3) located in the 200 and 300 blocks of Penguin Lane from RSF Residential Single Family District to PUD Planned Unit District as outlined at this meeting of Council was hereby denied --the roll call vote being as follows: John Christopher Clemens -aye; Jane W. Johnson -aye; John C. Givens -aye; Howard C. Packett -aye; and Carl E . Tarpley, Jr. -aye. Council took a five minute break. Mayor Tarpley reported that this date and time had been set t o hold a public hearing to consider the request of Ray L. Robinson, property owner, for rezoning the property located at 22 Dixie Drive (Tax Map #127-3-10) from HBO Highway Business District to RSF Residential Single Family District with c ondition; and WHEREAS, the Clerk of Council reported that notice of such hearing had been published in the August 4 and 11, 2005, issues of the Salem Times-Register, a newspaper published and having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its regular meeting held on August 10, 2005, recommended to the Council of the City of Salem that the request for rezoning be approved with the condition voluntarily proffered; and WHEREAS, staff noted the fo l lowing: this single-family residence located behind the Salem Times-Register building on Dixie Drive is currently zoned HBO Highway Business District; the house is grandfathered nonconforming and is currently being rented; the person renting the house wishes to purchase it and continue to live there; the mortgage company will not loan money for property that is grandfathered nonconforming; while the use of the property as a residence is a valid use, the entire block is zoned Highway Business District; the petitioner is voluntarily proffering a condition of the rezoning that should the property cease to be used as a residence, the zoning would automatically revert to the HBO Highway Business District zoning without further action by the Planning Commission or Cit y Council; and WHEREAS, no one appeared in support o f or in opposition to said rezoning; and WHEREAS, Councilman Givens stated that the property will be used for a single-family dwelling; the petitioners are proffering the condition that should the property cease to be used as a residence, the zoning would automatically revert t o the HBD Highway Business District Zo ning; ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY VICE MA YOR PACKETT, AND DULY CARRIED, an ordinance entitled "AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA," was duly passed on first reading with the condition voluntarily proffered by the petitioner --the roll call vote being as follows: John Christopher Clemens - aye; Jane W. Johnson -aye; John C. Givens -aye; Howard C. Packett -aye; and Carl E. Tarpley, Jr. -aye. 101 ORDINANCE PASS ED ON FI RST READ I NG RE ZON IN G THE PRO PERT Y OF RA Y L. ROBI NS ON , PRO PE RTY OWN ER , LOCAT E D AT 22 DI XIE DR I VE (TAX MAP #1 27 -3 - 10) FR OM HB O TO RSF WITH CO NDITI ON 102 ORDINANCE PASSED ON FIRST READING REZONING PROPERTY OF TRUSTEES OF SHILOH BAPTIST CHURCH, PROPERTY OWNER, BEING THREE PARCELS LOCATED IN THE 200 BLOCK OF SOUTH MARKET STREET (TAX MAP NUMBERS 121-5-1, 121-5-2, AND 121-5-3) FROM RB TO TBD ORDINANCE PASSED ON FIRST READING PERMANENTLY VACATING SHIPMAN ALLEY BETWEEN NORTH BROAD STREET AND RED LANE FOR THE TRUSTEES OF ROANOKE COLLEGE Mayor Tarpley reported that this date and time has been set to hold a public hearing to consider the request of Trustees of Shiloh Baptist Church, property owner, for rezoning three parcels located in the 200 block of South Market Street (Tax Map Numbers 121-5-1, 121-5-2, and 121-5-3) from RB Residential Business District to TBD Transitional Business District; and WHEREAS, the Clerk of Council reported that notice of such hearing had been published in the August 4 and 11, 2005, issues of the Salem Times-Register, a newspaper published and having general circulation in the City of Salem; and WHEREAS, the Planning Commission at its regular meeting held on August 10, 2005, recommended to the Council of the City of Salem that the request for rezoning be approved; and WHEREAS, staff noted the following: this property consists of three lots all zoned Residential Business District; Shiloh Baptist Church is located on one of the lots and is planning an expansion; the main issue with this request is the proposed additions planned for the church building will extend to the right of way lines of South Market Street and East Burwell Street; rather than appeal to the Board of Zoning Appeals for variances, the church is requesting a rezoning which will allow the proposed expansion legally and without setback variances; and WHEREAS, Mike Woolwine of Hughes Associates Architects, representing Shiloh Baptist Church, appeared before the Council in support of the rezoning request; the church currently owns three contiguous parcels at 201, 211, and 215 South Market Street, and the parcels encompass approximately 1.72 acres; they are requesting the property be rezoned from Residential Business District to TBD Transitional Business District for the purpose of a new sanctuary, new classrooms, and a fellowship hall addition; the site is encumbered by the floodway that encompasses approximately 45 percent of the site; the floodway and setback requirements of the Residential Business District make it difficult to add onto the church; and WHEREAS, no one appeared in opposition to said rezoning; ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, an ordinance entitled "AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA" was duly passed on first reading -- the roll call vote being as follows: John Christopher Clemens - aye; Jane W. Johnson - aye; John C. Givens - aye; Howard C. Packett - aye; and Carl E. Tarpley, Jr. - aye. Mayor Tarpley reported that Council at its regular meeting held on August 8, 2005, adopted Resolution 1062 appointing viewers in connection with the Petition of The Trustees of Roanoke College to permanently vacate Shipman Alley between North Broad Street and Red Lane in the City of Salem, Virginia; and WHEREAS, Mayor Tarpley reported that the viewers have met, submitted the following report, and they are unanimous in their opinion that no inconvenience would result to anyone from discontinuing and vacating Shipman Alley between North Broad Street and Red Lane: VIRGINIA: IN THE COUNCIL FOR THE CITY OF SALEM IN RE: VACATING SHIPMAN ALLEY BETWEEN NORTH BROAD STREET AND RED LANE ) ) REPORT OF VIEWERS ) The undersigned viewers, appointed by the Council for the City of Salem, by Resolution 1062 adopted on the 8th day of August, 2005, to view and ascertain and report in writing, pursuant to the provisions of Section 15.2-2006 of the Code of Virginia, as amended, whether in our opinion, any, and if any, what inconvenience would result from permanently vacating Shipman Alley between North Broad Street and Red Lane, in the City of Salem, Virginia, do respectfully report that, after having first been duly sworn, visited and viewed the said alley and are unanimously of the opinion that no inconvenience would result to anyone from discontinuing and vacating the said alley. GIVEN under our hands this 11th day of August, 2005. /s/ Alexander M. Brown_______ /s/ W. Shelby Klein, III /s/ William R, Shepherd 102 ORDINANCE PASSED ON FIRST READING REZONING PROPERTY OF TRUSTEES OF SHILOH BAPTIST CHURCH , PROPERTY OWNER , BEING THREE PARCELS LOCATE D IN THE 200 BLOCK OF SOUTH MARKE T STREET (TAX MAP NUMBERS 121 -5 -1 , 121 -5 -2 , AND 121 -5 -3) FROM RB TO TBD ORDINANCE PASSED ON F IRST READING PERMAN ENTLY VACATING SH I PMAN ALLEY BETWEEN NORTH BROA D S T REET AND RE D LANE FOR THE TR US TEE S OF ROANOKE COLLEGE Mayor Tarpley reported that this date and time has been set to hold a public hearing to consider the request of Trustees of Shiloh Baptist Church, property owner, for rezoning three parcels located in the 200 block o f South Ma r ket Street (Tax Map Numbers 121-5-1, 121-5-2, and 1 2 1-5-3) from RB Residential Business District to TBD Transitional Business District; and WHEREAS, the Clerk of Council reported that notice of such hear i ng had been published in the August 4 and 11, 2005, issues of the Salem Times-Register, a newspaper published and having general circulati o n in the City of Salem; and WHEREAS, the Planning Commission at its regular meeting held on August 10, 2005, recommended to the Council of the City of Salem that the request for rezoning be approved; and WHEREAS, staff noted the following: this pr o perty consists of t hree lots all zoned Residential Business District; Shiloh Baptist Church is located on one of t he lots and is planning an expansion; the main issue with this request i s the prop o s e d additions planned for the church building will extend to the right of way lines of South Market Street and East Burwell Street; rather than appea l t o the Board of Zoning Appeals for variances, the church is requesting a rezoning which will allow the proposed expansion legally and without setback variances; and WHEREAS, Mike Woolwine o f Hughes Associates Architects, representing Shil o h Baptist Church, appeared before the Council in support of the rezoning request; the church currently owns three contiguous parcels at 201, 2 11, and 2 15 South Market Street, and the parcels encompass approximately 1.72 acres; t h ey are requesti n g the property be rezoned from Residential Business District to TBD Transitional Business District for the purpose of a new sanctuary, new classrooms, and a fellowship hall addition; the site is encumbered by the floodway that encompasses approximately 45 percent of the site; the floodway and setback requirements of the Residential Business District make it difficult to add onto the church; and WHEREAS, no one appeared in opposition to said rezoning; ON MOTION MADE BY COUNCILMAN GIVENS, SECON DED BY COUNCI LWOMAN JOHNSON, AN D DULY CARRIED, an ordinance e nt itled "AN ORDINANCE TO AMEND S EC TION 1 06 -11 0 , ARTICLE I, CHAPTER 106, OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING DISTRICT BOUNDAR Y LINES ON THE ZONING MAP OF THE CITY OF SALEM, VIRGINIA" was duly passed on first reading --the roll call vote being as foll o ws: John Christopher Clemens -aye; Jane W. Johnson -aye; John C. Givens -aye; Howard C. Packett - aye; and Carl E. Tarpley, Jr. -aye. Mayor Tarpley reported that Council at its regular meeting held on August 8, 2005, adopted Resolution 1062 appointing viewers in conne c tion with the Petition of The Trustees of Roanoke College t o permanently vacate Shipman All ey between North Broad Street and Red Lane in the City of Salem, Virginia; and WHEREAS, Mayor Tarpley reported tha t the viewers have met, submitted the following report, and they are unanimous in their opinion that no inc o nvenience would result to anyone from discontinuing and vacating Shipman Alley between North Broad Street and Red La n e: VI RGINIA : IN THE COUNCIL FOR THE CITY OF SALEM IN RE: VACATING SHIPMAN ALLEY BETWE EN NORTH BRO AD STR EE T AND RED LANE REPORT OF VIEWERS The unde rsig ned v i ewers , a ppoint e d by the Cou n c i l for the City of Sa l em , by Re s olution 1062 a dopted on the gTH day of August , 2005 , to v i ew and ascertain and report in writing , pursu a nt to the provisions of Section 15 .2 -2006 of the Code of Vi rginia , as am e n d ed , whether i n ou r o pini on , any , a nd if any , what inconvenience wo uld resu l t from p e rman e n tly va c ating Shipman Alle y b et we en Nort h Broad S tr eet a n d Red Lane , in t h e City of Sale m, Virginia , do respectfully r e port that , after hav i ng first been duly sworn , visited and viewed the said alley and are unanimously of the opinion that no inconvenience would result to anyone from d is continuing and vacating the sai d alley . GIVEN under our hands this 11 t h day of August , 2005 . Isl Alexander M. Brown I s l W. Shelby Kle in, III Isl Willi a m R . She p herd 103 Subscribed and sworn to before me, a Notary Public in and for the City of Salem, State of Virginia this 11th day of August, 2005. /s/ Joyce C. Bailey________________ Notary Public My commission expires: 10-31-05 WHEREAS, no one appeared in support of or opposition to said alley vacation; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, an ordinance entitled "AN ORDINANCE ENACTED PURSUANT TO THE PROVISIONS OF SECTION 15.2-2006 OF THE 1950 CODE OF VIRGINIA, AS AMENDED, PROVIDING FOR VACATING A PORTION OF A STREET IN THE CITY OF SALEM, VIRGINIA," was duly passed on first reading -- the roll call vote being as follows: John Christopher Clemens - aye; Jane W. Johnson - aye; John C. Givens - aye; Howard C. Packett - aye; and Carl E. Tarpley, Jr. - aye. Mayor Tarpley requested that Council consider adopting Resolution 1063 establishing the National Incident Management System (NIMS) as the City's standard for incident management; and WHEREAS, the Assistant City Manager reported that the Federal Government is requiring the City to comply with the National Incident Management System (NIMS) in order to receive Federal grant funding for homeland security; the resolution endorses the fact that the City is willing to comply with the NIMS, including current emergency management training programs, etc.; ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Resolution 1063 was duly passed and adopted: RESOLUTION 1063 RESOLUTION 1063 ADOPTED ESTABLISH­ ING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE CITY'S STANDARD FOR INCIDENT MANAGEMENT WHEREAS, the President in Homeland Security Directive (HSPD)-5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, and local governments to work together more effectively and efficiently to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity; and WHEREAS, the collective input and guidance from all Federal, State, and local homeland security partners have been, and will continue to be vital to the development, effective implementation and utilization of a comprehensive NIMS; and WHEREAS, it is necessary and desirable that all Federal, State, and local emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, and local organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the City's ability to utilize federal funding to enhance local agency readiness, maintain first responder safety, and streamline incident management processes; and WHEREAS, the Incident Command System components of NIMS are already an integral part of various City incident management activities, including current emergency management training programs; and WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that the National Incident Management System (NIMS) is established as the City standard for incident management. Upon a call for an aye and a nay vote, the same stood as follows: John Christopher Clemens - Aye Jane W. Johnson - Aye John C. Givens - Aye Howard C. Packett - Aye Carl E. Tarpley, Jr. - Aye Subscr ibed and sworn to before me , a Notary Public in and for the City of Salem, State o f Virginia this 11 th day of August , 2005 . Isl Joyce C . Bailey Notary Public My commission exp ir es : 10 -31 -05 WHEREAS, no one appeared in support of or opposition to said alley vacation; ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, an ordinance entitled "AN ORDINANCE ENACTED PURSUANT TO THE PROVISIONS OF SECTION 15.2-2006 OF THE 1950 CODE OF VIRGINIA, AS AMENDED, PROVIDING FOR VACATING A PORTION OF A STREET IN THE CITY OF SALEM, VIRGINIA," was duly passed on first reading --the roll call vote being as follows: John Christopher Clemens -aye; Jane W. Johnson -aye; John C. Givens -aye; Howard C. Packett -aye; and Carl E. Tarpley, Jr. -aye. Mayor Tarpley requested that Council consider adopting Resolution 1063 establishing the National Incident Management System (NIMS) as the City's standard for incident management; and WHEREAS, the Assistant City Manager reported that the Federal Government is requiring the City to comply with the National Incident Management System (NIMS) in order to receive Federal grant funding for homeland security; the resolut ion endorses the fact that the City is willing to comply with the NIMS, including current emergency management training programs, etc.; ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, Resolution 1063 was duly passed and adopted: RESOLUTION 1063 WHEREAS , the President in Homeland Security Directive (HSPD)-5 , directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State , and local governments to work together more effectively and efficiently to prevent , prepare for , respond to and recover from domestic incidents , regardless of cause , size or complexity ; and WHEREAS , the collective input and guidance from all Federal, State , and local homeland security partners have been , and will continue to be vital to the development , effective implementation and utilization of a comprehensive NIMS ; and WHEREAS , it is necessary and desirable that all Federal, State , and local emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest l evels of incident manage men t ; and WHEREAS , to fa ci litat e the most efficient and ef fective i ncident management it is critical that Federal, State, and l ocal organizat ions utilize standardized terminology , standardized organizational structures, interoperable communications , consolidated action plan s, unified command structures, uniform personnel qualification standards, uniform standards for planning , t raini ng , and exercising , comprehensive resource management , and designated incident facilities during emergencies or disasters ; and WHEREAS , the NIMS standardized procedures for managing personnel , communications , facilities and resources will improve the City 's ability to utilize federal funding to enhance local agency readiness , mainta i n first responder safety , and streamline incident management processes ; and WHEREAS , the Incident Command System components o f NIMS are already an integral part of various City inc id ent management act i vities , including current emergency management training programs; and WHEREAS , the National Commission on Terrorist Attacks (9 -1 1 Commission) recommended adoption of a standardized Incident Command Sys t em ; NOW , THEREFORE , BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SALEM , VIRGINIA , that the National Incident Management System (NIMS) is established as the City standard for incident management . Upon a call for an aye and a nay vote , the same stood as follows : John Christopher Clemens -Aye Jane W. Johnson -Aye John C . Givens -Aye Howard C . Packett -Aye Carl E. Tarpley, Jr . -Aye 103 RESOLUTION 1063 ADOPTED ESTABLISH­ ING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE CITY 'S STANDARD FOR INCIDENT MANAGEMENT 104 BOND AND TIME LIMIT SET FOR COMPLETION OF PHYSICAL IMPROVE­ MENTS AND EROSION AND SEDIMENT CONTROL FOR SHERWOOD MEMORIAL PARK HOLLY STRICKLAND, 1400 NORTH MILL ROAD, APPOINTED TO THE CITY OF SALEM FINE ARTS COMMISSION AS A STUDENT REPRESENTA­ TIVE, AND URSULA DILLEY, 3271 LINKS MANOR DRIVE, APPOINTED TO THE CITY OF SALEM FINE ARTS COMMISSION AS A STUDENT REPRESENTA­ TIVE CLOSED SESSION FOR REAL ESTATE AND LEGAL OR CONTRACTUAL MATTERS Mayor Tarpley requested that Council consider setting bond and time limit for completion of physical improvements and erosion and sediment control for Sherwood Memorial Park; and WHEREAS, Vice Mayor Packett, Chairman of Council's Audit-Finance Committee, reported that the Committee reviewed the performance bond for physical improvements and erosion and sediment control for Sherwood Memorial Park and recommends setting bond at $144,769 with a time limit for completion of 12 months; ON MOTION MADE BY VICE MAYOR PACKETT, SECONDED BY COUNCILMAN GIVENS, AND DULY CARRIED, the performance bond for physical improvements and erosion and sediment control for Sherwood Memorial Park was hereby set at $144,769 with a time limit for completion of 12 months -- the roll call vote being as follows: John Christopher Clemens - aye; Jane W. Johnson - aye; John C. Givens - aye; Howard C. Packett - aye; and Carl E. Tarpley, Jr. - aye. Mayor Tarpley requested that Council consider appointments to fill vacancies on various boards and commissions; ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY VICE MAYOR PACKETT, AND DULY CARRIED, Holly Strickland, 1400 North Mill Road, was hereby appointed to the City of Salem Fine Arts Commission as a student representative for a one- year term, said term will expire on June 30, 2006, and Ursula Dilley, 3271 Links Manor Drive, was hereby appointed to the City of Salem Fine Arts Commission as a student representative for a one-year term, said term will expire on June 30, 2006 -- the roll call vote being as follows: John Christopher Clemens - aye; Jane W. Johnson - aye; John C. Givens - aye; Howard C. Packett - aye; and Carl E. Tarpley, Jr. - aye. ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, in accordance with Section 2.2-3711 A. of the Code of Virginia, 1950 as amended to date, Council convened to Closed Session at 9:05 p.m. for the purpose of discussing the following specific matters: 1. Discussion of a real estate matter pertaining to property the City may desire to sell and property the City may desire to purchase, which is authorized by Section 2.2-3711 A. 3. of the Code of Virginia, 1950 as amended to date; 2. Discussion of a legal or contractual matter pertaining to consultation with legal counsel regarding a specific legal matter, which is authorized by Section 2.2-3711 A. 7. of the Code of Virginia, 1950 as amended to date; -- the roll call vote being as follows: John Christopher Clemens - aye; Jane W. Johnson - aye; John C. Givens - aye; Howard C. Packett - aye; and Carl E. Tarpley, Jr. - aye. Upon reconvening at 9:44 p.m.; ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY COUNCILWOMAN JOHNSON, AND DULY CARRIED, in accordance with Section 2.2-3712 D. of the Code of Virginia, 1950 as amended to date, Council hereby certifies that in Closed Session only items lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act and only such items identified in the motion by which the Closed Session was convened were heard, discussed, or considered by the Council -- the roll call vote being as follows: John Christopher Clemens - aye; Jane W. Johnson - aye; John C. Givens - aye; Howard C. Packett - aye; and Carl E. Tarpley, Jr. - aye. There being no further business to come before the Council, the same on motion adjourned at 9:45 p.m. 104 BOND AND TIME LIMIT S ET FOR COMP LE TION OF PHYSICAL IMPROVE ­ MENTS AND ERO S ION AND SEDI MENT CON TRO L FOR SHERW OOD MEMORI AL PARK HOLLY STRICK LAND , 1400 NOR TH MILL ROAD, APPOIN TED TO THE CI TY OF SA LE M FINE AR TS COMM I SSION AS A STUD ENT RE PR ES ENTA­ TIVE , AND URSULA DIL LEY , 3271 LINKS MANOR DRIV E, APPO INTE D TO THE CIT Y OF SA LE M FI NE ART S COMM IS SION AS A S TUDE NT REPRE S ENTA­ TI VE CLOS ED S ESSIO N FOR REAL ES TATE AND LE GAL OR CONTRAC TU AL MAT TERS Mayor Tarpley requested that Council consider setting bond and time limit for completion of physical improvements and erosion and sediment control for Sherwood Memorial Park; and WHEREAS, Vice Mayor Packett, Chairman of Council's Audit-Finance Committee, reported that the Committee reviewed the performance bond for physical improvements and erosion and sediment control for Sherwood Memorial Park and recommends setting bond at $144,769 with a time limit for completion of 12 months; ON MOTION MADE BY VICE MAYOR PACKETT, SECONDED BY COUNCILMAN GIVENS, AND DULY CARRIED, the performance bond for physical improvements and erosion and sediment control for Sherwood Memorial Park was hereby set at $144,769 with a time limit for completion of 12 months --the roll call vote being as follows: John Christopher Clemens -aye; Jane W. Johnson -aye; John C. Givens -aye; Howard C . Packett -aye; and Carl E. Tarpley, Jr. -aye. Mayor Tarpley requested that Council consider appointments to fill vacancies on various boards and commissions; ON MOTION MADE BY COUNCILMAN CLEMENS, SECONDED BY VICE MAYOR PACKETT, AND DULY CARRIED, Holly Strickland, 1400 North Mill Road, was hereby appointed to the City of Salem Fine Arts Co mmissi o n as a student representative for a one­ year term, said term will expire on June 30, 2006, and Ursula Dilley, 3271 Links Manor Drive, was hereby appointed to the Cit y o f Salem Fine Arts Commission as a student representative for a one-year term, said term will expire on June 30, 2006 --the roll call v ote being as follows: John Christopher Clemens -aye; Jane W. J o hnson -aye; J o hn C . Gi v ens -aye; Howard C. Packett - aye; and Carl E. Tarpley, Jr. -aye. ON MOTION MADE BY COUNCILMAN GIVENS, SECONDED BY COUNCILMAN CLEMENS, AND DULY CARRIED, in accordance with Section 2 .2 -3 711 A. of the Code of Virginia, 1950 as amended to date, Council convened to Closed Session at 9:05 p.m. for the purpose of discussing the following specific matters: 1. 2 . Discussion of a real estate matter pertaining to property the City may desire to sell and property the City may desire to purchase, which is authorized by Section 2.2-3711 A. 3 . of the Code of Virginia, 1950 as amended to date; Discussion of a legal or contractual matter pertaining to consultation with legal counsel regarding a specific legal matter, which is authorized by Section 2.2-3711 A. 7. of the Code of Virginia, 1950 as amended to date; --the roll call vote being as follows: J o hn Christopher Clemens -aye; Jane W. Johnson -aye; John C. Givens -aye; Howard C. Packett -aye; and Carl E. Tarpley, Jr. -aye. Upon reconvening at 9:44 p.m.; ON MOTION MADE BY COUNCILMAN GIVEN S , SEC ONDED BY COUNCILWOMAN JOHNSO N , AND DULY CARRIED, in accordance with S ecti o n 2 .2 -3 712 D. o f the Code of Virginia, 1950 as amended to date, Co uncil hereby certifi e s that in Cl o sed Session o nly items lawfully exempted fr o m open mee t ing requirements under the Virginia Freedom of Information Act and only such items identified in the motion by which the Closed Session was convened were heard, discussed, or considered by the Council --the roll call vote being as foll o ws : John Christopher Clemens - aye; Jane W. Johnson -aye; John C. Givens -aye; Howard C. Packett -aye; and Carl E. Tarpley, Jr . -aye. There being no further business t o c o me before the Council, the same on motion adjourned at 9:45 p.m.