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HomeMy WebLinkAbout12/11/2019 - Planning Commission - Minutes - RegularPlanni ng Commi ssi on Meeti ng M INUTES Wednesday, December 11, 2019, 7:00 P M Council Chambers, 114 N. Broad Street, 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 all the members to wit: Vicki G. Daulton, C hair; Denise P. King, Vice Chair; Reid A. Garst II, N. J ackson Beamer, and Neil L. Conner; with Vicki G. Daulton, Chair, presiding; together with J ames E. Taliaferro, Interim C ity Manager and Executive Secretary; C harles E. VanAllman, J r., C ommunity Development Director; Mary Ellen Wines, Zoning Administrator; Benjamin W. Tripp, City Planner; and William C . Maxwell, Assistant C ity Attorney. C hair Daulton welcomed Mayor Randy Foley and Vice Mayor J ane J ohnson to the meeting. Vice Mayor J ohnson noted that they have something to proclaim this evening, and they are honored to be here to do so. Vice Mayor J ohnson and Mayor Foley read into the record the "Proclamation for William C arney Maxwell". PRO C LA MAT IO N WHEREA S, William C arney Maxwell has served as Assistant C ity Attorney for the C ity of Salem, Virginia, for over 38 years. A native of Moorefield, West Virginia and a graduate of Earlham College and Washington & Lee University Law School, Mr. Maxwell was admitted to the Virginia State Bar on September 27, 1974; and WHEREA S, William C . Maxwell served as Law Clerk to Chief J ustice Lawrence W. I’Anson of the Virginia Supreme C ourt from J une 1975 to J une 1976 and thereafter moved to the C ity of Salem to begin his private law practice; and WHEREA S, during his 38 year tenure as Assistant C ity Attorney, Mr. Maxwell represented the C ity in many litigation matters and as counsel for the C ity of Salem Planning Commission; and WHEREA S, Mr. Maxwell became a recognized legal expert in Virginia Planning and Zoning Law and represented the C ity in numerous C ourts throughout his tenure; and WHEREA S, Mr. Maxwell was lead counsel for the City before the Salem C ircuit C ourt and the Virginia Supreme C ourt in the matter of Wendy’s of Western Virginia, Inc. v. T he C ity of Salem; and WHEREA S, as a result of Mr. Maxwell’s legal expertise and zealous defense, the C ity prevailed in the matter of Wendy’s of Western Virginia, Inc. v. T he C ity of Salem before the Virginia Supreme C ourt; and WHEREA S, this decision of the Virginia Supreme C ourt established a legal precedent in the C ommonwealth of Virginia and is regularly cited in Virginia Planning and Zoning Law treatises and Virginia Court Opinions; and WHEREA S, Mr. Maxwell was lead counsel for the C ity in other zoning litigation including the O akey Field case, and the Kime Lane Water Tank case in which the City prevailed; and WHEREA S, Mr. Maxwell’s friendly manner, good humor and common sense approach has endeared him to all C ity officials, employees and citizens of Salem; and WHEREA S, Mr. Maxwell is a long-time resident of the C ity, along with his wife of 47 years, Rosemary. T hey have a grown daughter, Elizabeth, and are the proud grandparents of Adah and Rowen. N O W, T HEREF O RE, be it resolved that the C ity of Salem, Virginia, recognizes the able and expert service of 38 years of William C arney Maxwell as Assistant C ity Attorney and encourages its officers, employees and citizens to recognize his many contributions to the C ity with thanks and gratitude; and Be it further resolved that I, Byron Randolph Foley, Mayor of the City of Salem, C ommonwealth of Virginia, do hereby proclaim Wednesday, December 11, 2019, as WI L L I AM C ARN E Y MAXWE L L D AY in the C ity of Salem, Virginia in honor and recognition of his unwavering dedication and 38 years of dedicated and able service to the City of Salem. Randy'sSignature Mayor of the C ity of Salem, Virginia AT T EST: J ames E. Taliaferro, II C lerk of C ouncil C ity of Salem, Virginia Mayor Foley and Vice Mayor J ohnson presented the proclamation to Mr. Maxwell. C hair Daulton thanked Mayor Foley and Vice Mayor J ohnson. Mr. Steve Yost, City Attorney, appeared before the Commission. He noted that he has not said much about Mr. Maxwell's retirement, and he thinks this is because he is still working through his anger issues that he is actually leaving the firm. T he nerve of him to do such a thing to them. He noted that Mr. Maxwell has been such a great asset for over 38 years of service to all of us, to the C ity of Salem, to the Planning Commission especially. He thinks back to all the issues we have had and all the crises, and all the litigation that we faced over this period of time. Bill was our leader in so much of this especially on the litigation side. In his humble opinion, the primary reason for our success in the courts of Virginia, were based upon two things, Bill's work ethic and his considerable legal abilities. He has also been an asset to their law firm, O PN Law, and some of the partners, colleagues, and staff are here this evening. Bill has been a trusted and valued counselor to all of them, and everyone will attest to that in their firm. And, he can honestly say that he does not think there is anyone more respected in the Roanoke Valley legal community than Bill Maxwell. Finally, Bill has been a tremendous asset to him personally. He thinks that Bill and he have gotten along so famously for over 43 years for a lot of reasons but because he believes they share very similar values and outlooks on life. And they have the exact same sense of humor, which helps an awful lot. He thanked Mr. Maxwell for all that he has done and all that he has accomplished for the C ity, the law firm, and for him personally. For him personally, that is being the best law partner a guy could ever hope to have. T hey wish him, Rosemary, Elizabeth and their granddaughters the best in your retirement. He wants him to promise him and everybody here that he is not going to be a stranger and when we have a contentious rezoning we can always bring him back out of retirement and lead us once again. God bless you, my friend. Mr. Maxwell thanked Mr. Yost for his comments. C hair Daulton noted that she is going into her 20th year, and she has worked with Mr. Maxwell as the attorney for the Planning Commission. She noted that she cannot tell him how much she has valued all of his insight and direction over the years. She noted she thanks him from the bottom of her heart, and she wishes both he and his wife the best in the coming years. She hopes that they will see him around Salem. Mr. Maxwell thanked C hair Daulton for her comments. Mr. Maxwell noted that he is too taken aback. He thanked everyone for the reception and the nice things that everyone has said. He did not expect this and is overwhelmed. He appreciates it so much. Representing the C ity has been an important facet of his law practice. With regards to the litigation matters, Steve is being very modest as he was a very strong component of that - it was a team effort that did all the things mentioned in the proclamation. He is just about the best partner anyone could ask for. He further thanked everyone for taking the time to put this together and to pass along their congratulations. 2.C onsent Agenda A.Minutes Consider acceptance of the minutes from the November 13, 2019, work session and regular meeting. Accepted as presented 3.New Business A.Special Exception P ermit Hold public hearing to consider the request of Diane C. Helvey, Patrick A. Helvey, and Rhonda Pendleton, property owners, for the issuance of a Special Exception Permit to allow an Automobile Dealership, used on the properties located at 2245 and 2259 West Main Street (Tax Map #s 168-1-1 and 168-1-3). T he Executive Secretary reported that notice of said hearing had been published in the November 28, and December 5, 2019, issues of the Salem Times Register, and all property owners were notified by letter mailed November 26, 2019. Staff noted the follow regarding the request: the subject property consists of two parcels of approximately 1.25 acres total, on the northeast corner of the intersection of West Main Street and Texas Hollow Road. T he property easternmost property is occupied by a single story commercial storefront, and the western property is vacant. Both contain gravel parking areas. T he applicant is requesting a Special Exception Permit to allow automobile sales, used, on both parcels. T he property has been used for this use in the past, however that use was never approved, and any grandfathering has since expired. In accordance with Section 106-400, this property will require a site plan, and will require paving of the parking areas, installation of landscaping, and potentially other requirements per that section. T his property is partially located within the floodway and various floodplains. C hair Daulton opened the public hearing and asked if there was anyone to speak regarding this request. Rhonda Helvey Pendleton of 1015 C ourtney Circle, property owner, appeared before the C ommission. Ms. Pendleton noted that they have a potential purchaser for the property. T he two gentlemen would like to do a car lot on the property. Years ago, they had rented the property for this use and the business was successful there. T hey would like to request the approval of the Special Exception Permit to allow used automobile sales. C ommissioner Beamer asked how long it had been since it used for this purpose. Ms. Pendleton noted that it was in the late 90s and early 2000s. Vice C hair King asked if it has been vacant since then. Ms. Pendleton noted that it has been used as a church, a car lot, a building company office, and other uses. She stated the building company moved about three years ago. C hair Daulton asked if she understood there is a potential buyer for the property, and Ms. Pendleton noted they have someone who is very interested in purchasing the property. She noted that the property has been for sale for about five years. Vice C hair King asked if the current for sale sign has been there the entire five years. She noted that there is a nice size for sale sign there now. Ms. Pendleton noted that Sarah Goodman with Barker Realty is handling the property now. Vice C hair King asked if they were aware that there may be some improvements necessary for the property to be developed, such as paving parking areas, etc. Ms. Pendleton noted that this is two tracts of land and the store property one is already paved. Mrs. King noted that the section of the code is Section 106-400, and city staff would determine if improvements would be needed. She just wanted to make sure buyers were made aware of these requirements. Ms. Pendleton noted that she thought their realtor would take care of this. C hair Daulton asked if there was anyone else to speak on this matter. T here was no response, and the public hearing was closed. Reid Garst motioned to recommend to the Council of the City of Salem that the request of Diane C. Helvey, Patrick A. Helvey, and Rhonda Pendleton, property owners, for the issuance of a Special Exception Permit to allow an automobile dealership, used on the properties located at 2245 and 2259 West Main Street (Tax Map #s 168-1-1 and 168-1-3) be approved. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King B.Amendment to the Zoning Ordinance Hold public hearing to consider the request of Stephen V. Wallace, II, property owner, for rezoning the property located at 101 Front Avenue (Tax Map # 234-1-7) from C BD C ommunity Business District to RMF Residential Multi-family District. Denise King motioned to continue the request of Stephen V. Wallace, II, property owner, for rezoning the property located at 101 Front Avenue (Tax Map #234-1-7) from D BD C ommunity Business District to RMF Residential Multi-Family District and the request of Stephen V. Wallace, II, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the same property be continued to the J anuary 15, 2020, meeting at the request of the petitioner. J ackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King C .Special Exception P ermit Hold public hearing to consider the request of Stephen V. Wallace, II, property owner, to allow a two-family dwelling on the property located at 101 Front Avenue (Tax Map # 234-1-7). 4.Adjournment T he meeting was adjourned at 7:17 p.m.