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HomeMy WebLinkAbout1/24/2022 - City Council - Minutes - RegularCity Council Meeting MINUTES Monday, January 24, 2022, 6:30 PM Work Session 6:00 P.M. Parlor A, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153 Regular Session 6:30 P.M. Community Room, Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia 24153 WORK SESSION 1. Call to Order A. Roll Call A work session of the Council of the City of Salem, Virginia, was held in Parlor A at the Salem Civic Center, 1001 Roanoke Boulevard, Salem, Virginia, on January 24, 2022, at 6:00 p.m., there being present the following members of said Council to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice-Mayor; Council members; Byron Randolph Foley, William D. Jones, and John Saunders; with Renée Ferris Turk, Mayor, presiding; together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Crystal Williams, Assistant to the City Manager; Laura Lea Harris, Deputy Clerk of Council; and Chuck Van Allman, Director of Community Development; and the following business was transacted; Mayor Turk reported that this date, place, and time had been set in order for the Council to hold a work session; and 2. New Business A. Discussion Items 1) Marijuana Retail Sales Regulations Discussion WHEREAS, Mary Ellen Wines, Zoning Administrator, shared points of interest in reference to current marijuana market statistics. A couple of the facts given were that in 2020, the illicit marijuana market in Virginia was estimated at $1.8 billion in illegal sales and that Virginia has the 4th largest market in the nation. Proposed allowances that are part of proposed legislation were shared. Some additional facts that were shared were that the state will cap the number of licenses for specific purposes and that the State Board will notify the City Manager of any applications received and the City will have 30 days to respond with objections or concerns. The Cannabis Control Act must be reenacted in 2022 to become effective. The Virginia Cannabis Control Authority may allow certain persons to be granted or have interest in a license in more than one of the license categories. State Code Section 4.1-629 states that Council may, by resolution, petition the circuit court for a referendum on the question of whether retail marijuana stores should be prohibited. Details on this were explained as well as how current House Bill 43 would impact a referendum. Retail sales are slated to begin on January 1, 2023. Additional information and regulations were explained and discussed. Zoning options were presented in the eventuality that the General Assembly allows the retail sale of marijuana. Use and Design Standards were also presented as well as potential allowable adult business locations in the City of Salem. Information was also presented by Ms. Wines in relation to signage, sales tax and business licenses, personal privilege permits, and current House and Senate Bills. Council discussed the information that was presented, and Ms. Wines answered questions that were posed; and 3. Adjournment WHEREAS, there being no further business, Mayor Turk adjourned the meeting at 6:20 p.m. REGULAR SESSION 1. Call to Order A regular meeting of the Council of the City of Salem, Virginia was called to order at 6:30 p.m., there being present the following members to wit: Renée Ferris Turk, Mayor; James W. Wallace, III, Vice -Mayor; Councilmembers: Byron Randolph Foley, William D. Jones, and John Saunders; with Renée Ferris Turk, Mayor, presiding together with James E. Taliaferro, II, City Manager; Rob Light, Assistant City Manager and Clerk of Council; Rosemarie B. Jordan, Director of Finance; Chuck Van Allman, Director of Community Development; Mike Stevens, Director of Communications; and Jim Guynn, City Attorney. 2. Pledge of Allegiance 3. Bid Openings, Awards, Recognitions Mayor Turk welcomed from the Salem Police Department Senior Police Officer Rachel Frith and the four new officers that have completed the academy and are currently in the middle of their Field Training period. Officer Frith introduced officers Z. C. Pinkston, W.P. Ey, M.A. Phillips, and B.C. Carroll and stated they were due to finish their training in February. Mayor Turk expressed appreciation for their willingness to go through the training and commit their careers to protecting the citizens of Salem in these challenging and difficult times. 4. Consent Agenda A. Citizens Comments Comments from the public, limited to five minutes, on matters not already having a public hearing component that same meeting. The following have signed up to speak at this meeting: 1) Cynthia Munley, 425 Roanoke Boulevard - Citizen Input 2) Tessa Warner, 745 Virginia - Tree Planting Cynthia Munley, 425 Roanoke Boulevard, appeared before Council. She spoke on the power of tapping citizen input and the need for respecting citizen input by Council. Mrs. Munley requested that Council set up volunteer citizen committees to encourage citizens to work on various issues, problems, and planning and contribute to citizens feeling comfortable coming forth. Tessa Warner, 745 Virginia Avenue, was the last citizen to address Council. She expressed concerns related to climate warming. She spoke of the benefit of planting trees to address the climate issues and requested that Council vote to set up a volunteer citizen tree committee. B. Minutes Consider acceptance of the January 10, 2022 Work Session and Regular Meeting minutes. The minutes were accepted as written. 5. Old Business 6. New Business A. Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for rezoning the property of Scott A. Boggs, property owner, located at 407 East Burwell Street (Tax Map # 120-1-5) from RB Residential Business District to TBD Transitional Business District. (As advertised in the January 6 and 13, 2022 issues of the Salem Times-Register.) Planning Commission recommends approval; see pages 3-4 of Planning Commission minutes). STAFF REPORT Mr. Van Allman explained that the petitioner has applied for a 20 square foot sign. He shared that this Residential Business District was previously a light commercial district and over time has become more residential in nature and that the sign allowance has been reduced to reflect this. Only a 6-foot square sign is allowed at this time. The petitioner has requested to rezone the property to TBD, Transitional Business District, which would allow for the larger sign. Mayor Turk opened the public hearing. No one came forward to speak. Mayor Turk closed the public hearing. Randy Foley motioned to adopt ordinance on first reading for rezoning the property of Scott A. Boggs, property owner, located at 407 East Burwell Street (Tax Map # 120-1-5) from RB Residential Business District to TBD Transitional Business District. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace B. Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for the request of Union Plaza, LLC, contract purchaser, and the City of Salem, property owner, for rezoning the property located at 630 Union Street (Tax Map # 160-11-2) from HM Heavy Manufacturing District to HBD Highway Business District. (As advertised in the January 6 and 13, 2022 issues of the Salem Times- Register.) Planning Commission recommends approval; see pages 4 -5 of Planning Commission minutes). STAFF REPORT Mr. Van Allman noted that this parcel is close to 4th Street and Moyer Sports Complex and the Greenway. He further clarified that this is behind the Shell Station and former Little Caesar's. In order to expand commercial options in this area, the property needs to be rezoned from Heavy Manufacturing District to Highway Business District to accommodate more viable commercial use. The proposed development consists of two 6,000 square foot multi-tenant commercial buildings with a shared parking area between them. The parcel has been filled in order to raise above the flood plain level. Mayor Turk opened the public hearing. Cynthia Munley, 425 Roanoke Boulevard, came forward and expressed concern about this property being commercial. She spoke of potential for this property as an entrance to the Moyer field area, which would have added municipal value. No other speakers came forward. Mayor Turk closed the public hearing. Randy Foley motioned to adopt ordinance on first reading for the request of Union Plaza, LLC, contract purchaser, and the City of Salem, property owner, for rezoning the property located at 630 Union Street (Tax Map # 160-11-2) from HM Heavy Manufacturing District to HBD Highway Business District. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace C. Special Exception Permit Hold public hearing to consider the request of 2936 Salem Inc., dba Sunshine Spa and 217 NY Ave Corp, property owner, for the issuance of a Special Exception Permit to allow a massage parlor at 2936 West Main Street (Tax Map # 210-1-2). (As advertised in the January 6 and 13, 2022 issues of the Salem Times-Register.) Planning Commission recommends denial; see pages 5-6 of Planning Commission minutes). STAFF REPORT Mayor Turk noted that information had been provided from the Planning Commission meeting in reference to this item for review. Mr. Van Allman gave a brief explanation for this item. Sunshine Spa originally applied for a business license for acupuncture. After further research, it was determined that they offer full body massage. Without the benefit of a massage therapist license issued by the Virginia Board of Nursing, the business is considered a massage parlor. A massage parlor requires a Special Exception permit in the Highway Business District. If the permit is approved, the petitioner will then need to apply for the massage parlor license through the Police Department. Mayor Turk opened the public hearing. Liz Bowles, 2248 Mt. Regis Drive, appeared before Council and expressed concerns about having a massage parlor in Salem. Cynthia Munley, 425 Roanoke Boulevard, requested clarification of the original application by the petitioner, the location of the business, and the history of this business in this location. Mayor Turk closed the public hearing. Randy Foley motioned to deny the request of 2936 Salem Inc., dba Sunshine Spa and 217 NY Ave Corp, property owner, for the issuance of a Special Exception Permit to allow a massage parlor at 2936 West Main Street (Tax Map # 210-1-2). William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace D. Amendment to City Code - Chapter 106 Hold public hearing and consider ordinance on first reading amending Chapter 106, Zoning, Article IV. Development Standards, Section 106 -400 pertaining to site plan review. (As advertised in the January 6 and 13, 2022 issues of the Salem Times-Register.) Planning Commission recommends approval; see pages 6-7 of Planning Commission minutes). STAFF REPORT Mary Ellen Wines, Zoning Administrator, 21 South Bruffey Street, presented proposed changes to Section 106 -400 of the Zoning ordinance regarding Site Plan Review to Council. The proposed amendment includes the addition of the minor site plan. Typically, a full-size site plan is 15 - 20 pages and includes stormwater management and major utility changes and requires a minimum of a $500 fee. In instances of small-scale redevelopment, such as interior alterations only or small additions, a full plan is not needed. The minor site plan is being introduced in the interest of helping small business owners. A minor site plan requiring only a page or two could be submitted. This would typically be depicting items such as landscaping and parking. This would require a smaller fee of $150. In addition, staff proposes the requirement of elevation drawings to be included with a site plan submittal. This will assist staff in the review of proposed development. Typically, elevations are included in building permit applications. Roanoke City requires elevation drawings at some point during their site plan review process and Roanoke County requires them at the building permit level. Some housekeeping items in this Code section include the allowance of agreements in lieu of plan, approved by the City Engineer, for sites that result in a 5,000 - 9,999 square foot increase in impervious surface area of the site. This was done in practice but is not explicitly stated in the Code. The second housekeeping item is amending the responsible party from the Director of Planning and Development to the Zoning Administrator. This just states that the site plan review process is overseen by the Administrator. Site plans are reviewed and accepted by each corresponding department or division throughout the process. The last housekeeping item is the format of the site plan submission. Over the course of the last couple of years, Community Development has learned that digital submissions work quite well. This Code change applies to digital submissions and the scale and type of documents submitted for review. Ms. Wines opened the floor to questions. Mr. Foley explained that this is not replacing the responsible party but just clarifying this role as the position of Director of Planning and Development is a position that no longer exists. Mayor Turk opened the public hearing. John Breen, 142 Bogey Lane, spoke before Council. He expressed concern about the clarity of the language used in the proposed amendment. He expressed concern that the Code needs to be precise and specific in all of the details. He also spoke on the need for the city to have the City Attorney review all changes to Code and ordinances prior to approval. Mr. Breen also spoke with concern about consistency in having public review prior to final decisions. Liz Bowles, 2248 Mt. Regis Drive, also appeared before Council. She expressed concern at the amount of responsibility that was being put in the hands of one individual and the need to have the involvement of the City Engineer and the City Attorney's review as well. She stated that even small plans are important, and she would like to see this item revised. There were no further comments. Mayor Turk closed the public hearing. Mr. Wallace requested that Mr. Guynn respond to Mr. Breen's comments. Mr. Guynn stated that he was comfortable with the proposed amendment and that it was important to read the material in its entirety. Mr. Guynn confirmed that he had reviewed the proposed changes that staff had authored. Mayor Turk asked for confirmation that Ms. Wines was in communication with the City Engineers in approving these site plan reviews. Mr. Van Allman stressed the communication and collaboration that occurred within the department in the process and that Ms. Wines is the person that is making sure that all of the boxes on the checklist are being completed in the process. He emphasized that representatives from all involved divisions are included in the process and review the plans and provide comments. Mr. Wallace asked if there is a written procedure that is followed when presented with a site plan. Mr. Van Allman said that there is basically a checklist that is followed. Mr. Wallace asked if this is a written document. Mr. Van Allman said that there is a procedure in place that needs to be updated as the City Planner is no longer a position. He stressed again the procedure that is followed and that at times there are multiple reviews. Randy Foley motioned to adopt the ordinance on first reading amending Chapter 106, Zoning, Article IV. Development Standards, Section 106 -400 pertaining to site plan review. There was no second. The motion failed. Mayor Turk asked if this was an issue that needed to be continued to a Work Session. Bill Jones motioned to continue this item to a Work Session to try to get some more answers to questions that were posed tonight. He also emphasized the quality of the work of Mr. Van Allman, Ms. Wines, and the City Engineer as well as City Staff and stated that we need to put our confidence in them to do their jobs. He also mentioned the job that the Streets Department had done with snow removal even while being shorthanded. Mr. Foley stated that we need to not get tangled up with titles and trust staff with what the roles that are delegated. Mr. Wallace stated that he agreed but just wanted to make sure that there was a documented procedure that was being followed in this process. As this is a big process it is important to have a checklist that is being followed to ensure that all steps are being followed. Mr. Taliaferro confirmed that there is a three-page checklist online. John Saunders seconded the motion and requested that a Work Session be set up to walk through the entire procedure so that Council knows exactly what is going on. Mr. Taliaferro suggested that there is not a time crunch and if Council would like to continue both this item and the next one, staff could set up a Work Session and go over all of this information in detail. William Jones motioned to amend motion to continue New Business Items 6D and 6E to March 14, 2022. John Saunders seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace E. Amendment to City Code - Chapter 78 Hold public hearing and consider ordinance on first reading amending Chapter 78, Subdivisions, Article I Generally, Sections 78-103 and 78-105, Article II Administration, 78-201, Article III Definitions, Section 78-300, Article IV Review of Plats, Sections 78-402, 78-403, 78-406, 78-408, 78-416, and 78- 421.4 of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to the review of subdivision site plans and plats. (As advertised in the January 6 and 13, 2022 issues of the Salem Times-Register.) Planning Commission recommends approval; see pages 7-8 of Planning Commission minutes). STAFF REPORT Mr. Breen requested to speak on this item as he came prepared to speak at the public hearing that was advertised for this date. Mayor Turk opened the public hearing. John Breen, 142 Bogey Lane, expressed the need to define the term "agent" in regard to Section 78 as well as what the qualifications are. He sees that different agents could potentially need to be applied in different situations that that it is important and make sure that this definition matches the individual that has those qualifications. He emphasized the importance of having a process of review and re-review at different levels and how this affords protection to any one individual. He also expressed concern that citizens are not able to express opinions and ask questions in Work Sessions. Mayor Turk closed the public hearing as no one else came forward to speak on this topic. The motion had already been presented and continued along with New Business Item 6D. F. Amendment to City Code - Chapter 86 Consider ordinance on first reading amending Chapter 86 Traffic and Vehicles, Article XII Dockless Mobility Operations; Shared Mobility Systems, of The Code of The City of Salem, Virginia to establish a pilot program for shared mobility devices. Mr. Guynn explained that the State Legislature determined several years ago that all localities must allow scooters. As a result, at that time, the City passed an ordinance to regulate and put in place some conditions under which scooters would be allowed. At the time, no provision was included for a pilot program. The City has now been approached by a company that is seeking to place scooters here. In reviewing ordinances across the state, quite of few of them include pilot programs. The have been successful in managing the rollout of scooters. A pilot program would allow the City to have more flexibility in managing the program and would provide options for terminating the program if the regulations were not being followed. Mayor Turk restated that the City is required by the State legislature to allow scooters and that a pilot program would enable Salem to set some guidelines and to make sure that the guidelines were being followed and to have something to stand on if the guidelines are not being followed. If the program goes well, the pilot program would also provide guidance for continuing in the future. Mayor Turk shared a few of the guidelines: there will be a restricted area in which the scooters will be allowed, they will cut off if they try to leave the restricted area, they will be corralled where they should be parked, and they will be confiscated, and the company will be charged if they are not corralled correctly. The guidelines provided with the pilot program give the City some measure of control in the program. Randy Foley motioned to adopt on first reading the ordinance amending Chapter 86-Traffic and Vehicles, Article XII Dockless Mobility Operations; Shared Mobility Systems, of The Code of The City of Salem, Virginia, to establish a pilot program for shared mobility devices. William Jones seconded the motion. Ayes: Foley, Jones, Saunders, Turk, Wallace 7. Adjournment The meeting was adjourned at 7:28 p.m.