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HomeMy WebLinkAbout10/14/2020 - Planning Commission - Minutes - RegularPlanni 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.