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HomeMy WebLinkAbout11/9/2023 - City Council - Agenda -RegularSalem City Council Work Session Agenda Monday, November 9, 2020 Parlor A Salem Civic Center 1001 Roanoke Boulevard, Salem 6:00-6:30p.m. I. Call to Order II. Roll Call III. Discussion Items a. Carrollton Avenue Striping Project – Mike Tyler b. Business Assistance Funds IV. Adjournment Ci ty Council Meeting A G E N D A Monday, November 9, 2020, 6:30 PM Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 1.C all to Order 2.Pledge of Allegiance 3.C onsent Agenda A.Citizens' Comments C omments from the public, limited to five minutes, on matters not on the regular meeting agenda. No citizens requested to speak for this meeting. B.Minutes C onsider acceptance of minutes from the October 26, 2020, regular meeting, and the October 23 and 28, 2020, special meetings. 4.Old Business A.Amendment to the Zoning Ordinance C onsider ordinance on seconding reading for rezoning the property of Phyllis R. Booth McCraw, property owner, located at 527-529 Delaware Street (Tax Map # 146-8-7) from C BD C ommunity Business District to RB Residential Business District. (Approved on first reading at the October 26, 2020, meeting.) B.Amendment to the Zoning Ordinance C onsider ordinance on second reading for rezoning the property of Premier Investments LLC, property owner, and Dominion Service & Parts LLC, lessee, located at 224 West 4th Street (Tax Map # 161-7-1) from HM Heavy Manufacturing District to HBD Highway Business District. (Approved on first reading at the October 26, 2020, meeting.) C .Special Exception P ermits C onsider the request of Dominion Service & Parts LLC, lessee, and Premier Investments LLC , property owner, for the issuance of Special Exception Permits to allow an automobile dealership, used, and an automobile repair service, major, on the property located at 224 West 4th Street (Tax Map #161-7-1). (C ontinued from the October 26, 2020, meeting.) P etitioner has requested to continue to the Nov ember 23, 2020, meeting. D.Administrativ e Calendar for 2021Consider adoption of the administrative calendar for 2021 (continued from the October 26, 2020, meeting). 5.New Business A.Webster L and Disturbance P lan C onsider setting bond for erosion and sediment control for the Webster Land Disturbance Plan to be located on East Eighth Street and Missouri Avenue. Audit - Finance C ommittee B.Appropriation of F unds C onsider request to accept and appropriate the Virginia Risk Sharing Association Grant. Audit - Finance C ommittee 6.Adjournment Audit Finance Committee Meeting, 8:00 a.m., City Manager's Conference Room Work Session, 6:00 p.m., Parlor A, S alem Civic Center Ci ty Counci l Meeti ng M INUTES Monday, October 26, 2020, 6:30 P M Community Room, Salem Civic Center, 114 North Broad Street, Salem, Virginia 24153 1.C all 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 all the members to wit: Renee F. Turk, Mayor, J ames W. Wallace, III, Vice-Mayor, C ouncil members: Byron Randolph Foley, William D. J ones, and J ohn E. Saunders; with Renee F. Turk, Mayor, presiding; together with J ames E. Taliaferro, II, City Manager; Rob Light, Assistant C ity Manager and C lerk of C ouncil; Rosemarie B. J ordan, Director of Finance; C harles E. VanAllman, J r., C ommunity Development Director; Mike Stevens, C ommunications Director; and C rystal L. Williams, Assistant to the C ity Manager. Mayor Turk noted that Item 4G Administrative Calendar for 2021 is being continued to the next C ouncil meeting on November 9, 2020. 2.Pledge of Allegiance 3.C onsent Agenda A.Minutes Consider acceptance of the minutes from the October 12, 2020, regular meeting. Accepted B.F inancial Report Consider the acceptance of the Statement of Revenues and Expenditures for three months ending September 2020. Received 4.New Business A.Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for rezoning the property of Phyllis R. Booth McC raw, property owner, located at 527-529 Delaware Street (Tax Map # 146-8-7) from D BD Community Business District to RB Residential Business District (Advertised in the October 8 and 15, 2020, issues of the Salem Times Register. Planning C ommission has recommended approval; see Page 1 Planning C ommission minutes.) STA FF REPO RT Mayor Turk stated notice of such hearing had been published in the October 8, and 15, 2020, issues of the Salem Times-Register, the Planning C ommission had recommended approval of the rezoning request, and all property owners were notified by letter mailed September 28, 2020. Staff noted the following regarding the rezoning request: the subject property consists of a single parcel of approximately 0.2 acres, located on the west side of Delaware Street, to the north of the intersection with 4th Street. It is occupied by a single family residence, with attached hair salon and parking area at the rear of the property. T he applicant states she would like to renovate and rent the former hair salon space behind the house as a separate residence. T his would require rezoning the property to allow for the issuance of a Special Exception Permit for a Two- Family Dwelling (Item 4B). Two-family dwellings are not allowed in C BD zoning. Mr. VanAllman noted there is no additional information since the Planning C ommission public hearing. T he property owner would like to rezone the property to residential and proposes to renovate and rent the former hair salon space behind the house as a separate residence. T his will also require a Special Exception Permit for a two-family dwelling. Mayor Turk noted that Items 4A and 4B are related to the same property so both requests will be discussed at the same time. Mayor Turk opened the public hearing and asked if anyone would like to speak regarding these requests. Phyllis R. Booth McC raw, property owner, appeared before the Council explaining the rezoning and Special Exception Permit requests. She noted she used to operate a beauty salon in the space behind the house, and she would like to convert this space to a one bedroom apartment. Mayor Turk asked if there was anyone else to speak regarding these requests. T here was no response and the public hearing was closed. William J ones motioned to approve an ordinance on first reading rezoning the property of Phyllis R. Booth McCraw, property owner, located at 527-529 Delaware Street (Tax Map #146-8-7) from C BD C ommunity Business District to RB Residential Business District. J ohn Saunders seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace B.Special Exception P ermit Hold public hearing to consider the request of Phyllis R. Booth McCraw, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 527-529 Delaware Street (Tax Map # 146-8-7). (Advertised in the October 8 and 15, 2020, issues of the Salem-Times Register.) Planning C ommission has recommended approval; see Page 2 Planning Commission minutes. STA FF REPO RT Mayor Turk reported that notice of said hearing had been published in the October 1 and 8, 2020, issues of the Salem Times-Register, and all property owners were notified by letter mailed September 28, 2020. Staff noted the following regarding the request: this request is related to Item 4A, and is for the issuance of the Special Exception Permit to allow the former hair salon at the rear of the property to be renovated and rented as a separate residence. Randy Foley motioned to approve the request of Phyllis R. Booth McC raw, property owner, for the issuance of a Special Exception Permit to allow a two- family dwelling on the property located at 527-529 Delaware (Tax Map #146-8-7). William J ones seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace C .Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for rezoning the property of CedarHurst Properties, LLC, property owner, and J SS Holdings, LLC c/o Payal Shah, contract purchaser, located at 16 Goodwin Avenue (Tax Map #125-2-1) from RSF Residential Single Family to HBD Highway Business District. (Advertised in the October 8 and 15, 2020, issues of the Salem Times Register. Planning Commission has recommended approval; see Page 3 Planning C ommission minutes.) STA FF REPO RT Mayor Turk reported that notice of said hearing had been published in the October 8 and 15, 2020, issues of the Salem Times-Register, and all property owners were notified by letter mailed September 28, 2020. Staff noted the following regarding the request: the subject property consists of a single parcel of approximately 0.321 acres. It is located at the northwest corner of Goodwin Avenue and Richards Lane. T he property is occupied by a two-family dwelling. T he applicant states that they have been unsuccessful at renting the property for residential uses due to the surrounding commercial activities and would like to change its use to a commercial one. T hey also own the two parcels to the south (1121 and 1111-1107 West Main Street) and would like to create a parking area at 16 Goodwin that will allow additional parking for those properties to make them more attractive for redevelopment. Mr. VanAllman noted that a list of Proffered C onditions had been received from the petitioner which would be made a part of the record for this rezoning. Council noted that they had received the conditions. He further explained the rezoning and Special Exception Permit requests. He noted that there was some opposition to these requests at the Planning C ommission public hearing. Mr. J ones noted that he would be abstaining from any discussion or voting on these requests as he is the listing agent for a property adjacent to this one. Mayor Turk opened the public hearing and asked if anyone would like to speak regarding these requests. Ben C rew with Balzer and Associates, representing the contract purchaser, appeared before the Council explaining the rezoning and Special Exception Permit requests. He noted that the contract purchaser is also with him this evening. A s previously mentioned, this is a two-part request just like the requests heard before this one. T he Planning C ommission staff report and minutes provided a good synopsis of the meeting and the discussions held at that meeting. It holds a positive recommendation from the C ommission. As a part of being proactive with the project and in response to the discussions at the Commission meeting, they have provided two proffered conditions. He noted the first condition is the concept plan submitted is being proffered, and the second condition is a limitation of uses that are a part of this rezoning. T he conditions are an effort on behalf of the petitioner to make sure that this development is suitable and sensitive to where it is located. T hey feel these conditions are a good balance and assurance from the petitioner's side to make sure this project will be sensitive to the area. Further if any redevelopment occurs, if the building is demolished or the parking lot gets changed or the access changes, it will have to come back before a public hearing process first. Payal Shah of J SS Holdings, LLC , 5855 Winbrook Drive, Roanoke, appeared before the C ommission. Ms. Shah noted her company wants to make Salem a beautiful and vibrant place. She further discussed the project and noted that her company is trying to bring new national tenants to Salem, and they need more parking. She noted that they currently own the properties located at 1107-1111, and 1121 West Main Street. T his is why they need a rezoning for the property, and they want to make sure they are sensitive to neighbor's concerns and they will try their best to accommodate them. Vice Mayor Wallace asked if the proposed parking lot for this property would be shared with the businesses that front on West Main Street. Mr. C rew noted that this was correct. T he parking lot will serve whatever commercial uses are in this building and also with either one or both of the buildings on West Main Street owned by the petitioner. Vice Mayor Wallace asked if there was any concern about pedestrian traffic crossing Richards Lane. Mr. C rew noted that the intent would be to have employees park in this lot. As a patron for the buildings on Main Street, he does not think they park in this lot. With the employees parking in the lot across the street, this would leave the parking for those buildings for customers. Mr. Foley asked if they would continue to utilize the building at 1121 West Main Street. He noted the thought it was for lease currently. Ms. Shah noted if they are able to complete a lease with a national tenant with the parking in the rear, then they will demolish this building and construct a new one. Billy Meade of 825 N. Twelfth Street, Wytheville, and 19 N. Bruffey Street, Salem appeared before the C ouncil in opposition to the requests. He noted that he and his wife are the owners of the property at 19 N. Bruffey Street and use it not quite half of the time. His opposition to their request can be summed up as this is a single family zoned area. T here are people living on N. Bruffey Street and Goodwin Avenue. Most of them are of modest needs with modest income, and he believes they have the expectation of that continual creeping in on a residential area by business is not necessary. He further discussed the proposed requests, and the condition of the property at 16 Goodwin Avenue. He believes the neighbors in this area have a reasonable expectation of this property remaining as residential, and they think it should remain as residential zoning. Mayor Turk asked if there was anyone else to speak regarding these requests. T here was no response and the public hearing was closed. Mr. Foley noted he does not believe that this is the best location for a business, and he recommends denial of the request. Randy Foley motioned to deny the request for rezoning the property of C edarHurst Properties, LLC, property owner, and J SS Holdings, LLC c/o Payal Shah, contract purchaser, located at 16 Goodwin Avenue (Tax Map #125-2-1) from RSF Residential Single Family District to HBD Highway Business District. J ohn Saunders seconded the motion. Ayes: Foley, Saunders, Turk, Wallace Abstain: J ones D.Special Exception P ermit Hold public hearing to consider the request of J SS Holdings, LLC , contract purchaser and CedarHurst Properties, LLC, property owner to remove existing Special Exception Permit allowing a two-family dwelling on the property located at 16 Goodwin Avenue (Tax Map # 125-2-1). (Advertised in the October 8 and 15, 2020, issues of the Salem-Times Register.) Planning C ommission has recommended approval; see Page 8 Planning Commission minutes. STA FF REPO RT Staff noted the following regarding the request: this request is related to item 4C , and is to remove the Special Exception Permit allowing a two-family dwelling that was issued for this property since the intent is that it be used for commercial in the future. Mr. Foley noted he did not think this item would need to be discussed since the first request was denied. Mayor Turk noted that this item will not be discussed because the Amendment of the Zoning Ordinance was denied. Mr. Taliaferro noted that if the petitioner would like the condition removed for the two-family dwelling then Council could still take action on this item. Ben C rew with Balzer & Associates, Inc., representing the contract purchaser, appeared before the C ouncil noting based on what occurred on the previous request they request to remove their request for Item 4D to remove the existing Special Exception Permit allowing a two-family dwelling on the property located at 16 Goodwin Avenue. E.Amendment to the Zoning Ordinance Hold public hearing and consider ordinance on first reading for rezoning the property of Premier Investments LLC , property owner, and Dominion Service & Parts LLC, lessee, located at 224 West 4th Street (Tax Map # 161-7-1) from HM Heavy Manufacturing District to HBD Highway Business District. (Advertised in the October 8 and 15, 2020, issues of the Salem Times Register. Planning Commission has recommended approval; see Page 8 Planning C ommission minutes.) STA FF REPO RT Mayor Turk stated notice of such hearing had been published in the October 8, and 15, 2020, issues of the Salem Times-Register, and the Planning Commission had recommended approval of the rezoning request. Staff noted the following regarding the rezoning request: the subject property consists of a single parcel of approximately 1.097 acres, located on the south side of Fourth Street, directly across from the intersection with Cypress Street. T he property is occupied by single story industrial-style building. T his request is to rezone the property from HM to HBD. T he applicant would like to use the property as a used automobile dealership, and to perform major automobile repairs. T his necessitates changing the zoning from HM to HBD . A second request (Item 4F) would allow the used car dealership and major automotive repairs to be done on the site. T he following issues were identified by staff: 1. In accordance with Section 106-310.3 (A)1: All outdoor display areas (parking areas) in conjunction with sales shall be constructed of the same materials required for off-street parking areas as required by section 106-404. 2. In accordance with Section 106-310.3 (A)2: A perimeter landscaping strip and landscaping shall be provided as required by Section 106-402. 3. In accordance with Section 106-310.3 (A)5 and 106-310.5 (A)1, vehicles undergoing major work or which will be stored for more than 72 hours must be located in a fully screened area; and 4. T his property is located within the 100 year floodzone. Mr. VanAllman noted there is no additional information since the Planning C ommission public hearing. He further explained the rezoning and Special Exception Permit requests and the screening for the stored vehicles. Mayor Turk opened the public hearing and asked if anyone would like to speak regarding this request. Daniel Austin, 1238 Red Lane, Salem, owner of Dominion Service and Parts, LLC , appeared before the C ouncil. He noted with regards to the fencing or screening they have chosen to put up wood fencing, and they will be working with city staff with regards to the location. T hey are proposing to move the current car sales from 1206 West Main Street to this location due to a noncompete at the West Main Street location. Mayor Turk asked if there was anyone else to speak regarding this request. T here was no response, and the public hearing was closed. Vice Mayor Wallace asked if Items 4E and 4F would be voted on separately, and Mayor Turk noted that they would vote on them separately. Randy Foley motioned to approve an ordinance on first reading rezoning the property of Premier Investments LLC, property owner, and Dominion Service & Parts, LLC , lessee, located at 224 West Fourth Street (Tax Map #161-7-1) from HM Heavy Manufacturing District to HBD Highway Business District. J ames Wallace seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace F.Special Exception P ermits Hold public hearing to consider the request of Dominion Service & Parts LLC , lessee, and Premier Investments LLC , property owner, for the issuance of Special Exception Permits to allow an automobile dealership, used, and an automobile repair service, major, on the property located at 224 West 4th Street (Tax Map #161- 7- 1). (Advertised in the October 8 and 15, 2020, issues of the Salem Times Register. Planning Commission has recommended approval; see Page 11 Planning Commission minutes.) STA FF REPO RT Mayor Turk reported that notice of said hearing had been published in the October 1 and 8, 2020, issues of the Salem Times-Register, and all property owners were notified by letter mailed September 28, 2020. Staff noted the following regarding the request: this request is related to item 4E, and is to allow used car sales and major automotive repairs to occur on the site. Issues: 1. In accordance with Section 106-310.3 (A)1: All outdoor display areas (parking areas) in conjunction with sales shall be constructed of the same materials required for off-street parking areas as required by section 106-404. 2. In accordance with Section 106-310.3 (A )2: A perimeter landscaping strip and landscaping shall be provided as required by Section 106- 402. 3. In accordance with Section 106-310.3 (A)5 and 106-310.5 (A)1, vehicles undergoing major work or which will be stored for more than 72 hours must be located in a fully screened area. 4. T his property is located within the 100 year floodzone. Mayor Turk opened the public hearing and asked if anyone would like to speak regarding this request. T here was no response, and the public hearing was closed. Vice Mayor Wallace moved that Council postpone voting on this request until the applicant shows a rendering of what the proposed parking lot fence will look like. He is not sure this is really in the spirit of the C ity's long term C omprehensive Plan for Fourth Street so he would like to see what it is going to look like before he votes. J ohn Saunders seconded the motion. Mr. Taliaferro asked if C ouncil would consider continuing this request to a specific date, such as the first or second November meeting. Vice Mayor Wallace amended the motion to continue this request to the first November meeting. J ames Wallace motioned to continue the Special Exception Permit requests of Dominion Service & Parts LLC , lessee, and Premier Investments LLC , property owner, for the property located at 224 West Fourth Street (Tax Map #167-7-1) to the November 9, 2020, meeting. J ohn Saunders seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace G.Administrativ e Calendar for 2021 Consider adoption of the administrative calendar for 2021. T his item was continued to the November 9, 2020, meeting. H.T K C C C XXXI X, L L C, P erformance Agreement Consider the approval and authorize the City Manager to execute the Performance Agreement between T KC C C XXXIX, LLC , Developer; the Economic Development Authority of the City of Salem, Virginia; and the City of Salem (T his is for redevelopment of the shopping center at 1355 West Main Street. Location of the new Tractor Supply C ompany.) Mr. Taliaferro noted the ED A of the C ity recently approved a Performance Agreement with T KC C C XXXIX, LLC , developer. T he actual terms of the agreement were discussed some time ago, but we are just now bringing the agreement to C ouncil for their consideration. T his performance agreement is very similar to other performance agreements in the past. He further discussed the Performance Agreement for the property located at 1355 West Main Street. William J ones motioned to approve and authorize the C ity Manager to execute the Performance Agreement between T KC C C XXXIX, LLC, Developer; the Economic Development Authority of the C ity of Salem, Virginia; and the C ity of Salem. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace I.Appropriation of F unds Consider request to amend School C apital Projects Fund budget as approved by the School Board on October 13, 2020. Audit - Finance Committee Vice Mayor Wallace noted the Audit Finance C ommittee met this morning to discuss this request. T he School C apital Projects Fund budget was amended for fiscal year 2020-2021 by the School Board at their meeting on October 13, 2020. T he Board amended the C apital Projects Fund to appropriate $1,905,293 from the unallocated capital reserve funds, appropriate $529,805 from the unallocated meals tax and appropriate $81,000 from unallocated cafeteria reserves funding for a variety of projects. Also included with the request is the C IP document for the six- year period of fiscal years 2022 – 2027. T he Committee reviewed the request and recommends approving the School Board’s appropriation changes of $ $2,516,298 to the School C apital Projects Fund budget and also, the six-year C IP document for fiscal years 2022- 2027. J ames Wallace motioned to approve the School Board’s appropriation changes of $2,516,298 to the School C apital Projects Fund budget and also, the six-year C IP document for fiscal years 2022- 2027. J ohn Saunders seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace J .Adjustment to Civ ic Center Budget Consider adjustments to the C ivic Center budget due to cancellation of the Salem Fair and an additional appropriation for the boiler project. Audit - Finance Committee Vice Mayor Wallace noted the Audit Finance C ommittee also discussed this request. When the fiscal year 2021 budget for the Salem Civic C enter was adopted, staff was hoping to schedule a shorter version of the Fair in the fall and budgeted revenue and expenses based on this plan. However, the event could not be held. T he operating budget needs to be adjusted for this cancellation. In addition, additional funding of $41,000 is needed for the Civic C enter boiler replacement project. Funding has been transferred from the General Fund to cover the additional c o s t . T he C ommittee reviewed the request and recommends adjusting the C ivic C enter budget for the cancellation of the Fair and for the additional transfer from the General Fund. J ames Wallace motioned to approve adjusting the C ivic Center budget for the cancellation of the Fair and for the additional transfer from the General Fund for C ivic Center building improvements. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace K.Sheetz Store #333 - West Main Street Consider setting bond for physical improvements and erosion and sediment control for Sheetz Store #333 located at 1340 West Main Street. Audit - Finance Committee Vice Mayor Wallace noted this request was also discussed by the Audit Finance C ommittee. T he C ommittee reviewed the estimate for erosion and sediment control and physical improvements for the Sheetz Store #333 – West Main Street project located at 1340 West Main Street. T he C ommittee concurs with the C ity Engineer’s office recommendation that bond be set in the amount of $160,400.72 and a time frame for completion set at twelve (12) months. J ames Wallace motioned to approve an erosion and sediment control and physical improvements bond in the amount of $160,400.72 and a completion time of twelve (12) months for the Sheetz Store #333 project located at 1340 West Main Street. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace 5.C losed Session A.Closed Session Hold a Closed Session pursuant to Section 2.2-3711A(1) of the 1950 C ode of Virginia, as amended, to discuss a personnel matter pertaining to a School Board appointment. Supplemental I tem J ames Wallace motioned to move to closed session at 7:09 p.m. in accordance with the provisions of Section 2.2-3711A (3) of the 1950 C ode of Virginia, as amended, to discuss a personnel matter pertaining to a School Board appointment. Ayes: Saunders, J ones, Foley, Wallace, Turk J ames Wallace motioned to reconvene at 7:37 p.m. and that in accordance with Section 2.2-3712D of the C ode of Virginia, 1950 as amended to date, C ouncil hereby certifies that in C losed 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. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace 6.Adjournment Mayor Turk noted that the floor was open for nominations for the appointment of the School Board seat which will become vacant at the end of December. Randy Foley moved to reappoint David Preston to the Salem C ity School Board. William J ones seconded the motion. J ames Wallace moved to appoint Robin Ott to the Salem C ity School Board. Renee Turk seconded the motion. Vice Mayor Wallace stated that he has heard from too many citizens that there needs to be a change on the School Board. He stated that he cannot support the status quo, and he feels that 15 years is too long for one individual to serve. Further, we need to give other citizens the opportunity to serve and bring a fresh perspective. Mayor Turk stated that Mr. Preston is a wonderful, faith-filled family person who has committed an unbelievable number of hours to the Salem C ity School system. Further, she appreciates his hard work and dedication to the school system. Her vote reflects that there is a need for change. Mr. J ones noted that he felt all four candidates did an excellent job. He feels that they have been the best applicants since he has been on C ity Council, but he thinks at this point his choice is Mr. Preston because he has done an excellent job with all the things that have been going on. T he roll call vote being as follows: Saunders - David Preston; J ones - David Preston; Foley - David Preston; Wallace - Robin Ott; and Renee Turk - Robin Ott. Mayor Turk congratulated David Preston and welcomed him to the Salem C ity School Board once again. She thanked him for his commitment to the Salem C ity Schools. T he meeting was adjourned at 7:40 p.m. City Council Special Meeting M INUTES Friday, October 23, 2020, 4:00 P M City Hall, Council Chambers, 114 N. Broad Street, Salem, VA 24153 1.C all to Order A special meeting of the C ouncil of the C ity of Salem, Virginia, was called to order at 4:00 p.m., there being present all the members to wit: Renee F. Turk, Mayor, J ames W. Wallace, III, Vice-Mayor, C ouncil members: Byron Randolph Foley, William D. J ones, and J ohn E. Saunders; with Renee F. Turk, Mayor, presiding; together with J ames E. Taliaferro, II, City Manager. 2.C losed Session A.Closed Session Hold a Closed Session pursuant to Section 2.2-3711A(1) of the 1950 C ode of Virginia, as amended, to discuss a personnel matter pertaining to School Board appointments. Vice Mayor Wallace motioned to move to closed session at 4:01 p.m. in accordance with the provisions of Section 2.2-3711A(1) of the 1950 C ode of Virginia, as amended, to discuss a personnel matter pertaining to prospective candidates for the Salem School Board. Randy Foley seconded the motion. Ayes: Saunders, J ones, Foley, Wallace, Turk J ames Wallace motioned to reconvene at 6:07 p.m. and that in accordance with Section 2.2-3712D of the C ode of Virginia, 1950 as amended to date, C ouncil hereby certifies that in C losed 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. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace 3.Adjournment T he meeting was adjourned at 6:07 p.m. City Council Special Meeting M INUTES Wednesday, October 28, 2020, 8:30 AM P arlor A, Salem Civic Center, 1001 Boulevard, Salem, Virginia 24153 1.C all to Order A special meeting of the C ouncil of the C ity of Salem, Virginia, was called to order at 8:30 a.m., there being present all the members to wit: Renee F. Turk, Mayor, J ames W. Wallace, III, Vice-Mayor, C ouncil members: Byron Randolph Foley, William D. J ones, and J ohn E. Saunders; with Renee F. Turk, Mayor, presiding; together with J ames E. Taliaferro, II, C ity Manager; Rob Light, Assistant C ity Manager and C lerk of Council; and Crystal L. Williams, Assistant to the C ity Manager. 2.Pledge of Allegiance 3.C losed Session A.Closed Session Hold a Closed Session pursuant to Section 2.2-3711A(1) of the 1950 C ode of Virginia, as amended, to discuss a personnel matter. Vice Mayor Wallace motioned to move to closed session at 8:32 a.m. in accordance with the provisions of Section 2.2-3711A(1) of the 1950 C ode of Virginia, as amended, to discuss a personnel matter. Randy Foley seconded the motion. Ayes: Saunders, J ones, Foley, Wallace, Turk J ames Wallace motioned to reconvene at 8:49 a.m. and that in accordance with Section 2.2-3712D of the C ode of Virginia, 1950 as amended to date, C ouncil hereby certifies that in C losed 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. Randy Foley seconded the motion. Ayes: Foley, J ones, Saunders, Turk, Wallace 4.Adjournment T he meeting was adjourned at 12:58 p.m. 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. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 106-110, Article I, Chapter 106 of The Code of the City of Salem, Virginia, relating to building district boundary lines be amended in the following particular and no other, viz: That the following described property in the City of Salem of Phyllis R. Booth McCraw, property owner, being the property located at 527-529 Delaware Street (Tax Map # 146-8-7) be and the same is hereby changed from CBD Community Business District to RB Residential Business District and the map referred to shall be changed in this respect and no other, said property being described as follows: Commencing at an iron pin situated at the northwest corner Intersection of Fourth Street {60' right-of-way} and Delaware Street (60' right-of-way}; thence with the westerly right-of-way line of Delaware Street, Nll045'00"W-50.00' to an iron pin, the ACTUAL POINT OF BEGINNING; thence leaving said right-of-way S78°lS'0011W- lS0.00' to an iron pin, the easterly right-of-way line of an alley; thence with said alley right-of-way, Nll045'00"W-58.00' to an iron pin; thence leaving said alley N 78°15'00"E-150.00' to an iron pin, the westerly right-of-way line of Delaware Street; thence with said right-of-way S11 °45'00"E-58.00' to the POINT OF BEGINNING; containing 8700 sq. feet, 0.200 acres. Being all of Lot numbered Sixteen (16}, all of Lot numbered Seventeen (17), and the southern 8 feet of Lot numbered Eighteen (18), all in Section Thirty-two (32), of the lands of Salem Improvement Company as known, shown and designated on the official Map of Salem Improvement Company spread of record in Plat Book 1, at Page 22½ of the records of the Clerk's Office of the Circuit Court for the County of Roanoke, Virginia. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: John E. Saunders – William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renee F. Turk – Passed: Effective: /s/______________________________________________ Mayor Item # 4ADate: November 9, 2020 ATTEST: ____________________________________________________ James E. Taliaferro, II Clerk of Council City of Salem, Virginia 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. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 106-110, Article I, Chapter 106 of The Code of the City of Salem, Virginia, relating to building district boundary lines be amended in the following particular and no other, viz: That the following described property in the City of Salem of Premier Investments, LLC, property owner, and Dominion Service & Parts, LLC, lessee, being the property located at 224 West Fourth Street (Tax Map #161-7-1) be and the same is hereby changed from HM Heavy Manufacturing District to HBD Highway Business District and the map referred to shall be changed in this respect and no other, said property being described as follows: BEGINNING at a point, marked by an iron pipe, in a southerly line of Fourth Street (formerly Roanoke Avenue), said point being North 74 deg. 18' West 275 feet from the point where the south line of Fourth Street intersects the center line of Chestnut Street (this portion of Chestnut Street lying south of Fourth Street has been heretofore vacated) ; thence from said Beginning Point and running with the Southerly line of Fourth Street, North 74 deg. 18' West 375 feet to a point in the south line of said street; thence leaving Fourth Street and with the division line between Lots 25 and 26 and continuing through a strip of land adjacent to the Norfolk and Western Railway Company's Northern right-of-way, South 15 deg. 42' West 151.34 feet to a point in the northerly right-of-way line of the Norfolk and Western Railway Company's right-of-way; thence with the northerly right-of-way line of the Norfolk and Western Railway Company's right-of-way, South 79 deg. 00' East 143.65 feet to a point; thence continuing with the said right-of-way and curving to the right the following three courses and distances, which are chords along said curve; South 78 deg. 20' East 99 feet to a point; south 76 deg. 41' East 98.5 feet to a point; South 75 deg. 26' East, 34.7 feet to a point, marked by an iron pipe in the said northerly right-of-way line of the Norfolk and Western Railway Company's right-of-way; thence leaving said right-of-way line and running North 15 deg. 42' East 128 feet to a point in the southerly line of Fourth Street, the place of BEGINNING, and being all of Lots 11 through 25, in Section 9, of the Hockman Land Company, and a strip south of said lots and adjacent to the north of the Norfolk and Western Railway Company's right-of-way. LESS AND EXCEPT, HOWEVER, that parcel of land together with easement conveyed by Bemiss Equipment Corporation to the Town of Salem, a municipal corporation, by Deed dated July 31, 1956, which said parcel and easement adjacent thereto were conveyed to the said Town of Salem for the purpose of widening and improving Fourth Street, which street had theretofore been designated as Alternate U. S. Route 11 and 460, from Water street on the East to Elm Street on the West, said property being located in the City of Salem, Virginia, and according to said deed being more particularly described as follows: Being as shown on plans approved October 12, 1955, and lying on the South (left) side of the office revised centerline and adjacent to the existing South right-of-way line of Fourth Street (Alternate Route 11 and 460) from the lands of Howard Rice opposite approximate Station 91 + 13.7 to the lands ofHoward S. Rice, et ux, opposite approximate Station 94 + 88.7, and being further described as Item # 4BDate: November 9, 2020 being a strip of land 10 feet .n width, and being a part of Lots 11 through 25, inclusive, of Section 9, Hockman Land Company, and containing o.086 acre, more less, land; together with the right and easement to use the additional areas shown as being required for the proper execution and maintenance of the work All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: John E. Saunders – William D. Jones – Byron Randolph Foley – James W. Wallace, III – Renee F. Turk – Passed: Effective: /s/______________________________________________ Mayor ATTEST: ____________________________________________________ James E. Taliaferro, II Clerk of Council City of Salem, Virginia CITY OF SALEM PLANNING COMMISSION STAFF REPORT Prepared by: Meeting Date: City Administrative Staff October 14,2020 Report prepared: October 6, 2020 1)RE: Hold public hearing to consider the request of Dominion Service & Parts LLC, lessee, and Premier Investments LLC, property owner, for the issuance of Special Exception Permits to allow an automobile dealership, used, and an automobile repair service, major, on the property located at 224 West 4th Street (Tax Map #167- 7- 1). SITE CHARACTERISTICS: Zoning: HM Heavy Manufacturing Future Land Use Plan Designation: Commercial Existing Use: Automobile repair, major Proposed Use: Automobile dealership, used, and Automobile repair, major BACKGROUND INFORMATION: This request is related to item 3E, and is to allow used car sales and major automotive repairs to occur on the site. ISSUES: 1.In accordance with Section 106-310.3 (A)1: All outdoor display areas (parking areas) in conjunction with sales shall be constructed of the same materials required for off-street parking areas as required by section 106-404. 2.In accordance with Section 106-310.3 (A)2: A perimeter landscaping strip and landscaping shall be provided as required by Section 106- 402. 3.In accordance with Section 106-310.3 (A)5 and 106-310.5 (A)1, vehicles undergoing major work or which will be stored for more than 72 hours must be located in a fully screened area. 4.This property is located within the 100 year floodzone. Item # 4C Date: November 9, 2020 From:Benjamin W Tripp To:Judy L Hough Subject:FW: [Ext.] Used Car Dealer License / Special Use Permit 224 W. 4th St Date:Wednesday, November 4, 2020 4:02:05 PM Hey Judy, Interpret this as them asking for a continuance until they can get us the drawings council is looking for. Thanks. Benjamin W. Tripp, CEcD, AICP – City Planner Department of Community Development City of Salem, Virginia (540) 375-3032 -----Original Message----- From: Dominion Service <dominionservice224@gmail.com> Sent: Wednesday, November 4, 2020 1:20 PM To: Benjamin W Tripp <btripp@salemva.gov>; danaustin944@hotmail.com Subject: [Ext.] Used Car Dealer License / Special Use Permit 224 W. 4th St CAUTION: This message has originated from an external source. Please use proper judgment and caution when opening attachments, clicking links or responding to this email. Dear Mr. Tripp, As per our discussion earlier today. This is the letter you requested for the City to have more discussion regarding zoning license and special use permit. -- Thanks, Daniel Austin Dominion Service 540-387-0202 Planni ng Commi ssi on Meeti ng M INUTES Wednesday, October 14, 2020, 7:00 P M Salem Civic Center, Main L obby, 1001 Roanoke Boulevard, Salem, VA 24153 1.C all to Order A regular meeting of the Planning C ommission of the C ity of Salem, Virginia, was called to order at 7:00 p.m., there being present the following members to wit: Vicki G. Daulton, Chair; Denise P. King, Vice C hair; Reid A. Garst II, N. J ackson Beamer, and Neil L. Conner; with Vicki G. Daulton, Chair, presiding; together with J ames E. Taliaferro, City Manager and Executive Secretary; Rob Light Assistant C ity Manager and Deputy Executive Secretary; C harles E. VanAllman, J r., C ommunity Development Director; Mary Ellen Wines, Zoning Administrator, and Benjamin W. Tripp, C ity Planner. 2.Pledge of Allegiance 3.C onsent Agenda A.Minutes Consider the acceptance of the minutes from the August 12, 2020, regular meeting. Accepted as presented 4.New Business A.Amendment to the Zoning Ordinance Hold public hearing to consider the request of Phyllis R. Booth McCraw, property owner, for rezoning the property located at 527-529 Delaware Street (Tax Map # 146-8-7) from C BD C ommunity Business District to RB Residential Business T he Executive Secretary reported that notice of said hearing had been published in the October 1 and 8, 2020, issues of the Salem Times-Register, and all property owners were notified by letter mailed September 28, 2020. Staff noted the following regarding the request: the subject property consists of a single parcel of approximately 0.2 acres, located on the west side of Delaware Street, to the north of the intersection with 4th Street. It is occupied by a single family residence, with attached hair salon and parking area at the rear of the property. T he applicant states she would like to renovate and rent the former hair salon space behind the house as a separate residence. T his would require rezoning the property to allow for the issuance of a Special Exception Permit for a Two- Family Dwelling (Item 4B). Two-family dwellings are not allowed in C BD zoning. T he Executive Secretary noted that Items 4A and 4B are related to the same property so if it is okay with the Commission the public hearing would be handled as one. C hair Daulton opened the public hearing and asked if there was anyone to speak regarding the requests. Tammy Scaggs of 1797 Richland Hills Drive, Salem, representing her mother, Phyllis R. Booth McC raw, appeared before the C ommission explaining the rezoning and Special Exception Permit requests. She noted her mother used to operate a beauty salon in the space behind the house. T hey would like to convert this space to a one bedroom apartment. T he space is separate from the main dwelling and has a separate entrance. Mr. Garst asked if it this was attached to the main structure, and Ms. Scaggs noted that it was attached to the main structure. C hair Daulton asked if it there were separate meters for each, and Ms. Scaggs noted that there are separate meters for each space. Ms. Scaggs noted that there are duplexes on both sides of this property. Vice C hair King asked about the parking. Ms. Scaggs noted that there is some parking in the rear adjacent to the alley which could be used. Vice C hair King asked if there were any comments from the adjoining property owners, and staff noted that there were not. Neil Conner motioned to recommend to the Council of the City of Salem that the request of Phyllis R. Booth McCraw, property owner, for rezoning the property located at 527-529 Delaware Street (Tax Map #146-8-7) from C BD Community Business District to RB Residential Business District be approved. Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King B.Special Exception P ermit Hold public hearing to consider the request of Phyllis R. Booth McCraw, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 527-529 Delaware Street (Tax Map # 146-8-7). T he Executive Secretary reported that notice of said hearing had been published in the October 1 and 8, 2020, issues of the Salem Times-Register, and all property owners were notified by letter mailed September 28, 2020. Staff noted the following regarding the request: this request is related to Item 4A, and is for the issuance of the Special Exception Permit to allow the former hair salon at the rear of the property to be renovated and rented as a separate residence. Neil Conner motioned to recommend to the Council of the City of Salem that the request of Phyllis R. Booth McCraw, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 527-529 Delaware Street (Tax Map #146-8-7) be approved. J ackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King C .Amendment to the Zoning Ordinance Hold public hearing to consider the request of J SS Holdings, LLC c/o Payal Shah, contract purchaser and CedarHurst Properties, LLC, property owner, for rezoning the property located at 16 Goodwin Avenue (Tax Map #125-2-1) from RSF Residential Single Family to HBD Highway Business District. T he Executive Secretary reported that notice of said hearing had been published in the October 1 and 8, 2020, issues of the Salem Times-Register, and all property owners were notified by letter mailed September 28, 2020. Staff noted the following regarding the request: the subject property consists of a single parcel of approximately 0.321 acres. It is located at the northwest corner of Goodwin Avenue and Richards Lane. T he property is occupied by a two-family dwelling. T he applicant states that they have been unsuccessful at renting the property for residential uses due to the surrounding commercial activities and would like to change its use to a commercial one. T hey also own the two parcels to the south (1121 and 1111-1107 West Main Street) and would like to create a parking area at 16 Goodwin that will allow additional parking for those properties to make them more attractive for redevelopment. T he Executive Secretary noted that Items 4C and 4D are related to the same property so if the Commission would like it can be handled as one public hearing. C hair Daulton opened the public hearing and asked if there was anyone to speak regarding the requests. Ben C rew with Balzer and Associates, representing the contract purchaser, appeared before the C ommission explaining the rezoning and Special Exception Permit requests. He noted that the contract purchaser is also with him this evening. He stated that this request has been months and years in the making based on careful consideration by the contract purchaser. T he property has been for sale for some time and and has had limited success over the years as a residential structure. T he property is unique due to its location directly across the street from what he contends is one of the busiest drive thru restaurants on West Main Street. T his makes it a challenging site for residential use. T he contract purchaser also owns the properties located across Richards Lane which are 1107-1111 and 1121 West Main Street. He further noted this project provides an excellent opportunity to the City of Salem to gain additional commercial property in a suitable location, while supporting existing businesses and helping to promote future re-development along West Main Street. Payal Shah of J SS Holdings, LLC , 5855 Winbrook Drive, Roanoke, appeared before the C ommission. Ms. Shah noted her company wants to make Salem a beautiful and vibrant place. She further discussed the project and noted that her company is trying to bring new national tenants to Salem. She noted that they currently own the properties located at 1107-1111, 1121 and 903 West Main Street. C hair Daulton asked if they planned to tear down the existing building on the property in order to provide the additional parking shown on the concept plan submitted. Ms. Shah noted that they will keep the building because there is enough room on the back of the property for the parking. Vice C hair King asked how many parking spaces are they proposing to add. Ms. Shah noted that they would be gaining 16 parking spaces. T here are already two spaces in the front. Mr. C onner asked what would be the uses for the building. Would it be offices or retail? Ms. Shah stated at this point they do not know the uses, but it might be used for offices or a spa or something like that. Mr. C rew stated that this is a small structure so there are very limited uses for the building. T hey would anticipate some sort of small user due to the constraints of the existing structure. Vice C hair King noted the information submitted talked about buffering. She asked if they would be buffering the northern and eastern lines. Mr. Crew noted that this was correct. T here was further discussion regarding the additional parking on the rear of the property. Mr. C onner asked staff if this was the least intensive zoning that will allow them to do what they are trying to do. Would RB Residential Business zoning support the parking and maybe an insurance agent or something like that? Ms. Wines noted that it is not the least intensive that it could contain an office or medical office right now; but looking at the future, the proposed zoning would encompass what the contract purchaser would potentially want to do with this corner. It could be zoned a lighter commercial use which would cover what they would like to do currently, but they might have to come back in the future to ask for it to be rezoned again, if they further develop this corner. C hair Daulton asked staff if the 16 parking spaces is an issue. Ms. Wines noted that this is not a problem as this would have to go through site plan review so staff will make sure that it meets all the regulations. Further, she does not think the parking will be a problem. T here was further discussion regarding the parking and site plan review requirements. Mr. Beamer asked staff if they were okay with the request. Do they see any hiccups, etc.? Mr. Tripp noted he believes this is a question of does the C ommission see this request as appropriate. If they see it as appropriate to change the use/zoning as the applicants are requesting, then they should recommend it be rezoned. Staff will make sure that the project meets all the C ity regulations with regards to site plan approval. Mr. Taliaferro noted to expand on the question regarding the parking. It makes it a lot cleaner to have the off-site parking property the same zoning as the principle use because we would not want a commercial property to use a residential-zoned property for off-site parking. T here was additional discussion regarding the proposed zoning classification for the property. Mr. G arst asked if there are any limitations on lighting since this will be bordering two residential properties. Mr. C rew noted they will have to meet the same lighting standards whether it is next to a commercial site or next to a residential site. He noted the foot candle requirements at the property line which will be more effective in this situation because of the evergreen buffering on the residential sides. He believes the intent is to have enough light for the parking to make it safe, but it will not be a bright lit up parking lot next to residential uses. Mr. Beamer asked about the buffering for the northern and eastern property lines. He further asked if there would be a fence, also. Mr. C rew noted a Type B buffer will be required. T he Type B buffer consists of an eight-foot buffer yard, one row of small evergreen trees, one row of evergreen shrubs. T hey are not proposing a fence at this time. Lorrie C oe-Meade of 825 N. Twelfth Street, Wytheville, and 19 N . Bruffey Street, Salem appeared before the C ommission in opposition to the request. She noted her husband is also in the audience. Billy Meade of 825 N. Twelfth Street, Wytheville, and 19 N. Bruffey Street, Salem appeared before the C ommission in opposition to the request. He noted the owners of the property have stated they have been unable to rent the property because of the appearance of the outside and because the McD onalds. If the property owners had maintained the property, then they might have been able to rent it. He noted that the property looks like a junk yard. He would not want to rent it if he was looking for rental property. He further discussed the other neighbors in this area, and he objects very strongly to this property being rezoned. Mrs. C oe-Meade noted that they are very concerned about the disruption and also the depreciation of their property. T heir intent is to retire at this location. If the lot is rezoned, it does not matter what they intend to do with it now. With the proposed zoning, they can do what they want with the property in the future. Further, they are concerned about the lighting of the proposed lot and how it will influence their back yard as well as their bedrooms that are on the back of the house. T hey are also concerned about the increase in traffic on Richards Lane and the potential to further compromise safety in this area. In addition, they are concerned about trash on Richards Lane as there is already a problem with trash on the street, and they are constantly having to clean it up. Finally, they are not opposed to progress in Salem, but they are opposed when it infringes on their home, property and the value of their home and property. Mr. C onner asked staff about the science regarding light pollution, placement of light poles, etc. in the site plan review process. Mr. VanAllman noted that there is quite a lot of information about this, and it is a lot better than it was 20 years ago. He noted that there is no spillage of light, and it is usually very accurate. He further discussed site plan review as it relates to lighting. Vice Mayor King asked about the buffer yard shown on the concept plan. How big will the shrubs get? Will they completely block the site from view of the adjacent properties.? Ms. Wines noted the buffer yard is actually a mix of evergreen trees and shrubs that will be required. T he evergreen trees will grow tall enough to make a good screening between properties. C hair Daulton asked if the requirement is for 8' tall evergreen trees, and Ms. Wines noted she believed that the requirement is 6' tall at planting and spaced 25' apart so that they will grow into a large evergreen wall. C hair Daulton noted she believed that at this point the applicant does not own the property. She asked if this was correct. Mr. C rew noted that this was correct. He noted the existing maintenance or the lack thereof is on the current property owner. T here is certainly an opportunity to clean up and improve this property which his clients intend to do. Mr. Garst noted he thought one of the reasons why the structure has been difficult to rent for residential is due to the way it has been chopped up internally for multiple tenants. Is this correct? Mr. Crew noted that this was correct. C urrently it is approved as a two-family dwelling, but it has been chopped up for multiple residences. C hair Daulton asked if Richards Lane is city owned, and it was noted that it is a public right of way. T here was further discussion regarding the lack of rental of the existing structure. C hair Daulton noted if the applicant is not the owner, how do they know the property is unrentable. Mr. C rew noted that they did not state the property was unrentable. T his was an assumption as far as he knows. He further discussed the property and noted that is has been vacant for some time and further, has been for sale for an extended period of time. T here was additional discussion regarding the existing structure and the use of the property in the past. Mr. C onner asked if the contract purchaser has prospects who are interested in renting the property subject to getting the rezoning. Or are they just trying to buy the property in the manner that prepares it best for marketing or has this idea been pitched and has happened very rapidly. Ms. Shah further discussed the proposed use of the property and noted that their intent is to bring a national tenant to this corner. (T here was difficultly understanding Ms. Shah's answer due to the quality of the audio.) C hair Daulton noted with this being a commercial piece of property, would the parking lot lights have to stay on all night? Would there be a way that they could be turned off say at 9:30 or 10 pm? Mr. VanAllman noted he did not think they would have to stay on all night. He would have to look into what would be required with regards to security after the business is closed. T here was further discussion regarding the lighting for the proposed parking lot. T here was further discussion regarding the proposed use of this property as well as the two structures fronting on Main Street owned by the contract purchaser. One additional speaker could not be identified or understood due to the quality of the audio. C hair Daulton asked if there was anyone else to speak. T here was no response and the public hearing was closed. Denise King motioned to recommend to the C ouncil of the C ity of Salem that the request of J SS Holdings, LLC c/o Payal Shah, contract purchaser, and Cedarhurst Properties, LLC, property owner, for rezoning the property located at 16 Goodwin Avenue (Tax Map #125-2-1) from RSF Residential Single Family District to HBD Highway Business District be approved. Reid Garst seconded the motion. Ayes: Daulton, Garst, King Nays: Beamer, Conner D.Special Exception P ermit Hold public hearing to consider the request of J SS Holdings, LLC , contract purchaser and CedarHurst Properties, LLC, property owner to remove existing special exception permit allowing a two-family dwelling on the property located at 16 Goodwin Avenue (Tax Map # 125-2-1). T he Executive Secretary reported that notice of said hearing had been published in the October 1 and 8, 2020, issues of the Salem Times-Register, and all property owners were notified by letter mailed September 28, 2020. Staff noted the following regarding the request: this request is related to item 4C , and is to remove the Special Exception Permit allowing a two-family dwelling that was issued for this property since the intent is that it be used for commercial in the future. Denise King motioned to recommend to the C ouncil of the C ity of Salem that the request of J SS Holdings, LLC , contract purchaser, and CedarHurst Properties, LLC , property owner, to remove the existing Special Exception Permit allowing a two-family dwelling on the property located at 16 Goodwin Avenue (Tax Map #125- 2-1). Reid Garst seconded the motion. Ayes: Conner, Daulton, Garst, King Nays: Beamer E.Amendment to the Zoning Ordinance Hold public hearing to consider the request of Dominion Service & Parts LLC , lessee, and Premier Investment LLC, property owner, for rezoning the property located at 224 West 4th Street (Tax Map # 167-7-1) from HM Heavy Manufacturing District to HBD Highway Business District. T he Executive Secretary reported that notice of said hearing had been published in the October 1 and 8, 2020, issues of the Salem Times-Register, and all property owners were notified by letter mailed September 28, 2020. Staff noted the following regarding the request: the subject property consists of a single parcel of approximately 1.097 acres, located on the south side of Fourth Street, directly across from the intersection with Cypress Street. T he property is occupied by single story industrial-style building. T his request is to rezone the property from HM to HBD. T he applicant would like to use the property as a used automobile dealership, and to perform major automobile repairs. T his necessitates changing the zoning from HM to HBD. A second request (Item 4F) would allow the used car dealership and major automotive repairs to be done on the site. T he following issues were identified by staff: 1. In accordance with Section 106-310.3 (A)1: All outdoor display areas (parking areas) in conjunction with sales shall be constructed of the same materials required for off-street parking areas as required by section 106-404. 2. In accordance with Section 106-310.3 (A)2: A perimeter landscaping strip and landscaping shall be provided as required by Section 106-402. 3. In accordance with Section 106-310.3 (A)5 and 106-310.5 (A)1, vehicles undergoing major work or which will be stored for more than 72 hours must be located in a fully screened area; and 4. T his property is located within the 100 year floodzone. T he Executive Secretary noted that Items 4E and 4F are related to the same property and the same petitioner so if the Commission would like it can be handled as one public hearing. C hair Daulton opened the public hearing and asked if there was anyone to speak regarding the requests. Mark Patterson, 5034 Falcon Ridge Road, Roanoke, and Daniel Austin, 1238 Red Lane, Salem, with Dominion Service and Parts, LLC, appeared before the C ommission. He noted that they have been in business together for almost 10 years. Daniel operates the service side of the business, and he operates the sales side of the business. Currently they are operating the sales side of the business at 1206 West Main Street. T hey would like to consolidate and move the sales side in with the service side at the property on West Fourth Street. T his is the reason for the request. At the present time the west end of the property is being used for storage. T hey are planning to clean this up, and this will be where the used vehicles will be displayed for sale. Further, they will only have about 10 or 12 cars at a time. He noted there a times when people are not able to repair their vehicles, and they will buy the vehicle, repair it and resell it. T hey have to have a dealers license in order to do this. Mr. Garst asked if this is their typical model. So they do not go out and buy multiple vehicles and bring them back and sell them, is that right? Mr. Patterson noted that he does some times buy multiple vehicles, but that is primarily a wholesale function of the business and they mostly deal in retail. Vice Mayor King asked if they were aware of the requirements of this particular zoning with regards to perimeter landscaping and also storage of vehicles. Mrs. King read the sections of the code related to these items. T here was further discussion regarding the storage of vehicles. Mrs. King asked staff if the difference is because of the zoning that they will need for this use. Ms. Wines noted that any automobile repair, major business is required to have any vehicles that are stored on site longer than 72 hours be in a screened area. She noted that when Mr. Austin moved to this location, this was discussed with him. T here was additional discussion regarding storage of vehicles, etc., but due to poor quality of the audio, it was difficult to hear the discussion. Mr. Beamer asked if Mr. Austin is this is the business that is right behind the transmission shop. Mr. Austin noted that he currently rents the property out that is behind the transmission shop. Mr. C onner asked staff if the screening requirement that has been noted, is that even required in the Heavy Manufacturing zoning. Ms. Wines noted for the proposed use, automobile repair service, major, yes, it is a requirement. T here was further discussion regarding the screening requirement, and Ms. Wines noted that any vehicle that is stored on the lot more than 72 hours has to be stored in a screened in area. She noted that are variables in the screening area, and she further discussed those options. Mr. Patterson noted that what will be displayed on the lot will be retail, clean, and ready to sell vehicles which have been serviced by Dominion Service. T he intent of the business is not to be a wholesale business. Mr. Beamer asked what was the footage of the property on the west side of the building. Mr. Austin noted that it is approximately 100', but there is an easement across this property to access the parking lot next door. Mr. Beamer noted that on the right side there are a lot of vehicles. Are those vehicles to be worked on or what is going on with those vehicles? T his is where the proposed car lot will be, is that correct? Mr. Austin noted that some of those vehicles belong to employees and yes, this is where the proposed car lot will be located. Due to poor quality of the audio, it was difficult to hear the entire discussion. Mr. Beamer noted that they are currently leasing the property and that it is owned by Tony Rippee. Is that correct? Mr. Austin noted that this was correct. Mr. Beamer also noted that they have cleaned up the property a lot. C hair Daulton asked if there was anyone else to speak. T here was no response, and the public hearing was closed. Neil Conner motioned to recommend to the Council of the City of Salem that the request of Dominion Service & Parts, LLC, lessee, and Premier Investments LLC, property owner, for rezoning the property located at 224 West Fourth Street (Tax Map #167-7-1) from HM Heavy Manufacturing District to HBD Highway Business District be approved. J ackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King F.Special Exception P ermits Hold public hearing to consider the request of Dominion Service & Parts LLC , lessee, and Premier Investments LLC , property owner, for the issuance of Special Exception Permits to allow an automobile dealership, used, and an automobile repair service, major, on the property located at 224 West 4th Street (Tax Map # 167- 7- 1). T he Executive Secretary reported that notice of said hearing had been published in the October 1 and 8, 2020, issues of the Salem Times-Register, and all property owners were notified by letter mailed September 28, 2020. Staff noted the following regarding the request: this request is related to item 4E, and is to allow used car sales and major automotive repairs to occur on the site. Issues: 1. In accordance with Section 106-310.3 (A)1: All outdoor display areas (parking areas) in conjunction with sales shall be constructed of the same materials required for off-street parking areas as required by section 106-404. 2. In accordance with Section 106-310.3 (A )2: A perimeter landscaping strip and landscaping shall be provided as required by Section 106- 402. 3. In accordance with Section 106-310.3 (A)5 and 106-310.5 (A)1, vehicles undergoing major work or which will be stored for more than 72 hours must be located in a fully screened area. 4. T his property is located within the 100 year floodzone. Neil Conner motioned to recommend to the Council of the City of Salem that the request of Dominion Service & Parts, LLC, lessee, and Premier Investments LLC, property owner, West Fourth Street (Tax Map #167-7-1) for the issuance of Special Exception Permits to allow an automobile dealership, used, and an automobile repair service, major, on the property located at 224 West Fourth Street (Tax Map #167-7-1) be approved. J ackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 5.Adjournment T he meeting was adjourned at 8:09 p.m. Item # 5ADate: November 9, 2020 AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SALEM, VIRGINIA HELD AT CITY HALL MEETING DATE: November 9, 2020 AGENDA ITEM: Request to accept and appropriate the Virginia Risk Sharing Association (VRSA) grant SUBMITTED BY: Rosemarie B. Jordan, Director of Finance SUMMARY OF INFORMATION: VRSA provides risk management grants to localities each year to help support risk management activities. The City of Salem Sheriff’s Department was awarded a grant of $6,307 to be used to purchase various cleaning supplies and security equipment. The grant does not require a match. FISCAL IMPACT: The $6,307 grant will allow us to purchase needed items that are not included in the current budget. STAFF RECOMMENDATION: Staff recommends accepting the $6,307 grant from VRSA and appropriating $6,307 in state grant revenue to account 10-28-0100-48382 and $6,307 to Sheriff state grants account 10- 028-2180-55877 for the purpose stated above. Item # 5B Date: November 9, 2020 Budget Entry Date GL Account Account Name Increase/ (Decrease)Description 11/9/2020 10-028-0100-48382 Sheriff State Grants 6,307 Appropriate VRSA grant per 11/9 council action 11/9/2020 10-028-2180-55877 Sheriff State Grants 6,307 Appropriate VRSA grant per 11/9 council action