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HomeMy WebLinkAbout1/16/2019 - Planning Commission - Agenda -RegularPlanning Commission Meeting AGENDA Wednesday, January 16, 2019, 7:00 P M City Hall, Council Chambers, 114 North Broad Street, Salem, Virginia 1.C all to Order 2.C onsent Agenda A.Minutes C onsider approval of the minutes from the November 14, 2018, work session and regular meeting. 3.New Business A.Amendment to the Zoning Ordinance Hold public hearing to consider the request of J Farmer, LLC, property owner, for rezoning the property located at 1101, 1109 and 1115 Electric Road (Tax Map # 221-1-4.1) from LM Light Manufacturing District and LM Light Manufacturing / HM Heavy Manufacturing District to HBD Highway Business District. B.Special Exception P ermit Hold public hearing to consider the revocation of a Special Exception Permit issued November 13, 2017, to William E. Lee, property owner, and Green GearHeads LLC , lessee, to allow scrap and salvage services on the property located at 844 Union Street (Tax Map #200-2-1). C .Amendment to the City Code Hold public hearing to consider amending Chapter 106, Article II District Regulations, Section 106-210.2 Downtown business district, C ommercial Use Types, 106-212.2 Transitional business distrct, Commercial Use Types, 106-214.2 Highway business district, C ommercial Use Types, pertaining to Pawn Shops; Article IV, Definitions and Use Types, Section 106-600 Definitions, pertaining to Substantial Improvement, and 106-602.3, Residential use types pertaining to Residential human care facility. D.Amendment to the City Code Hold public hearing to consider amending Chapter 66, Article IV, Permitted Signs by Use and District, Section 66-105(A), of the C OD E OF T HE C IT Y O F SA LEM, VIRG IN IA pertaining to signs. 4.Adjournment Work Session, Wednesday, J anuary 16, 2019, 6:00 p.m., C ouncil C hambers Conference Room UNAPPROVED MINUTES PLANNING COMMISSION WORK SESSION November 14, 2018 A work session of the Planning Commission of the City of Salem, Virginia, was held in Council Chambers Conference Room, City Hall, 114 North Broad Street, at 6:00 p.m., on November 14, 2018, there being present the following members of said Commission, to wit: Vicki G. Daulton, Chair; Denise P. King, Vice Chair; Reid A. Garst II (absent), N. Jackson Beamer, and Neil L. Conner; together with James E. Taliaferro, II (absent), Assistant City Manager and Executive Secretary, ex officio member of said Commission; Charles E. Van Allman, Jr., Director of Community Development; Mary Ellen Wines, Zoning Administrator; Benjamin W. Tripp, City Planner; and William C. Maxwell, Assistant City Attorney; and the following business was transacted: The Executive Secretary reported that this date, place, and time had been set in order for the Commission to hold a work session; and In re: Hold public hearing to consider the request of Dynamic Medical, LLC, property owner, for rezoning the property located at 1201 & 1203 Texas Street (Tax Map # 149-1-1.1) from RB Residential Business District with conditions to HBD Highway Business District without conditions WHEREAS, staff noted the following: the subject property consists of a single parcel of 0.522 acres, located on the north side of Texas Street, to the west of the intersection with Lynchburg Turnpike. The property contains two one-story brick office buildings. On December 12, 1988, City Council approved to rezone the property from Residential District R-1 to Residential-Business R-B with the following conditions:(1) The project will be constructed in substantial conformance with the Conceptual Plan by T. P. Parker & Son dated October 4, 1988, (2) Building "A" will be constructed within one year of the date of approval of the rezoning. Building "B" will be constructed within four years of the date of approval of the rezoning, and (3) Building "A" will be used for professional real estate appraisal services and related activities. Building "B" will be used as rental space for professional offices, real estate appraisal, and/or other similar occupations. Currently Dynamic Medical, a general office, occupies 1201 Texas Street (Building B) and Chloe White Agency, Inc., an insurance office, occupies 1203 Texas Street (Building A). Dynamic Medical is a medical office-consulting firm that pairs medical practices with laboratories. The applicant proposes to expand their business and add the processing of samples on site to alleviate the shipment to other laboratories. This request is to rezone the property to allow it to be used as an office/laboratory. The applicant has stated that no patients will be seen on site and less than six vehicles will be parked. Building A will remain an insurance office 2 at this time. As part of the request, they are willing to add laboratory to the list of conditions for the proposed uses for the property; and WHEREAS, staff and the Commission discussed the rezoning request; and WHEREAS, a full and lengthy discussion was held regarding the request of Dynamic Medical, LLC, property owner, for rezoning the property located at 1201 & 1203 Texas Street (Tax Map #149-1-1.1) from RB Residential Business District with conditions to HBD Highway Business District without conditions. In re: Hold public hearing to consider the request of 540 Properties, LLC, contract purchaser, and Mechanical Development Company, Inc., property owner, for rezoning the property located at 229 Apperson Drive from LM Light Manufacturing District to HBD Highway Business District WHEREAS, staff noted the following: the subject property consists of a single parcel of approximately 0.5 acres, located near the intersection of Apperson Drive and South Colorado Street. It is triangularly shaped, and bounded by Apperson Drive on the southwest, by Riverland Drive to the north, and by Brook Avenue on the east. The property is currently vacant. This request is to rezone the property to allow it to be used for a car wash. The applicant has proposed a single story, brick or block building for the site. There will be no direct access from Apperson Drive, and access will be handled from Riverland Drive and will exit onto Brook Avenue where it can circulate back to the light. A vacuum and parking area is proposed at the front of the property. This property is partially located within the 100-year and 500-year floodplains; and WHEREAS, staff and the Commission discussed the rezoning request; and WHEREAS, a full and lengthy discussion was held regarding the request of 540 Properties, LLC, contract purchaser, and Mechanical Development Company, Inc., property owner, for rezoning the property located at 229 Apperson Drive (Tax Map #234-3-1) from LM Light Manufacturing District to HBD Highway Business District. In re: Consider the request for preliminary approval of a proposed subdivision plat filed by The Simms Family Limited Partnership, property owner, to be located in the 200 blk. of Diamond Road (Tax Map #272-2-1) WHEREAS, staff noted the following: the subject property consists of a single parcel of approximately 62.4 acres, one of the largest parcels of land within the city boundaries. It is bounded on the west side by Franklin Street, on the South by Upland Drive, on the east 3 by Diamond Road, and on the North by a private section of Homeplace Drive. The property is currently occupied by “The Simms Farm”, a long-time established agricultural use. Elevation varies from a high point of approximately 1,230 feet on the hilltop flats, to a low point of 1,072 on Franklin Street. The flatter portions of the property have been cleared over the years, but there are still large wooded areas, particularly on the western side and in the ravines, and large mature trees exist throughout. It can best be described as rolling farmland, and is occupied by a house, several stables, and various associated outbuildings and facilities related to its use as a horse farm. It is currently zoned agricultural. This request is to subdivide the property into four lots, of various sizes between approximately 10.5 acres, and 30 acres, as shown on the attached plat. These lots would have frontages on the following public streets: Franklin Street, Upland Drive, Diamond Road, and Homeplace Drive. Under the City of Salem Subdivision ordinance, the subdivision of five lots or less is possible administratively; however, the ultimate authority for subdivision rests with the Planning Commission. Given the size and nature of this property, and the potential for significant future development and the associated demands on infrastructure and transportation, staff has referred the subdivision to Planning Commission under the authority provided in Section 78-403 of the Subdivision Ordinance. The applicant has not stated any intended use for the property at this time, only that they intend to market the various parcels for sale. Any future proposed development, other than agricultural uses, would require the property to be rezoned through a public process. WHEREAS, staff and the Commission discussed the request for preliminary approval of a proposed subdivision plat; and WHEREAS, a full and lengthy discussion was held regarding the request for preliminary approval of a proposed subdivision plat filed by The Simms Family Limited Partnership, property owner, to be located in the 200 blk. of Diamond Road (Tax Map #272-2-1. THEREUPON, the Commission took no action at this work session. There being no further business to come before the Commission, the work session was adjourned at 6:54 p.m. _____________________________ Chair ________________________________ Executive Secretary Planni ng Commi ssi on Meeti ng M INUTES Wednesday, November 14, 2018, 7:00 PM Council Chambers, City Hall. 114 North Broad Street, Salem 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 (absent), N. J ackson Beamer, and Neil L. C onner; with Vicki G. Daulton, C hair, presiding; together with Charles E. VanAllman, J r., Director of Community Development Department; Benjamin W. Tripp, C ity Planner; Mary Ellen Wines, Zoning Administrator; and William C . Maxwell, Assistant City Attorney. Neil Conner motioned to appoint Mary Ellen Wines as Executive Secretary Pro Tem for this meeting of the Planning C ommission. J ackson Beamer seconded the motion. Ayes: Conner, Beamer, King, Daulton Absent: Garst 2.C onsent Agenda A.Consent Agenda Consider approval of the minutes from the October 10, 2018, work session and regular meeting. Approved as presented 3.New Business A.Amendment to the Zoning Ordinance Hold public hearing to consider the request of Dynamic Medical, LLC , property owner, for rezoning the property located at 1201 & 1203 Texas Street (Tax Map # 149-1-1.1) from RB Residential Building with conditions to HBD Highway Business District without conditions. T he Executive Secretary Pro Tem reported that notice of such hearing had been published in the November 1 and 8, 2018, issues of the Salem Times Register and adjacent property owners were notified by letter mailed October 22, 2018. Staff noted the following regarding the rezoning request: the subject property consists of a single parcel of 0.522 acres, located on the north side of Texas Street, to the west of the intersection with Lynchburg Turnpike. T he property contains two one-story brick office buildings. On December 12, 1988, C ity Council approved to rezone the property from Residential District R-1 to Residential-Business R-B with the following conditions:(1) T he project will be constructed in substantial conformance with the Conceptual Plan by T. P. Parker & Son dated October 4, 1988, (2) Building "A" will be constructed within one year of the date of approval of the rezoning. Building "B" will be constructed within four years of the date of approval of the rezoning, and (3) Building "A" will be used for professional real estate appraisal services and related activities. Building "B" will be used as rental space for professional offices, real estate appraisal, and/or other similar occupations. Currently Dynamic Medical, a general office, occupies 1201 Texas Street (Building B) and Chloe White Agency, Inc., an insurance office, occupies 1203 Texas Street (Building A). Dynamic Medical is a medical office-consulting firm that pairs medical practices with laboratories. T he applicant proposes to expand their business and add the processing of samples on site to alleviate the shipment to other laboratories. T his request is to rezone the property to allow it to be used as an office/laboratory. T he applicant has stated that no patients will be seen on site and less than six vehicles will be parked. Building A will remain an insurance office at this time. As part of the request, they are willing to add laboratory to the list of conditions for the proposed uses for the property. C hair Daulton opened the public hearing and asked if there was anyone to speak. J eff Howard of Dynamic Medical, LLC , property owner, appeared before the C ommission explaining the rezoning request. He stated that the company is a three old medical diagnostics distributorship which provides diagnostics services to physician clinics. T he bulk of their business is toxicology lab testing services whereby physicians contract with them to test their patients to make sure they are compliant in taking their medications and to make sure that they are telling the truth about the medications they take. T hey are actually on the front line of the fight against opioid addiction and abuse. T hey have grown significantly since they first started, but they have plateaued because they provide the lab testing service; however, they do not actually process the specimens. T he specimens are sent to a lab out of state and then they are paid a fee to bring that business to them. Within this value chain, they do not have the wherewith all to hire sales people to expand the footprint. So in order to do so, they would like to provide the laboratory testing themselves. He further explained the request and noted that inorder to do the testing service at this location they need to rezone the property. T hey are willing to add laboratory to the list of conditions which are in place today. He noted that this was not part of the original request. Vice C hair King stated when she viewed the property she noted that there is not a lot of parking. She said he had mentioned that there would be two employees and a third which would come in later in the day. She asked if they were concerned about parking for the business, and Mr. Howard noted that parking would not be an issue. He stated this will not be a patient-facing facility. It will just be to process specimens. T hey expect courier deliveries about twice a day. T hey plan to operate the business Monday through Friday, but there maybe a potential to process on Saturdays. It was noted that the lab will be testing mostly urine and some oral fluids. Mr. Howard discussed the changes that would be made to the interior of one building, and he submitted drawings showing the existing and the proposed layouts. Vice C hair King asked Mr. VanAllman if the first two conditions from the original rezoning are no longer viable because they have been previously met. Mr. VanAllman noted that it is his understanding that those two conditions have been met. It was also noted that Mr. Howard had contacted most of the adjacent property owners, and none of them had any problems with the request. C hair Daulton asked if there was anyone else to speak regarding this request. T here was no response, and the public hearing was closed. C hair Daulton noted that Planning Commission will make a recommendation to C ity C ouncil and then the request will go before Council on November 26. Neil Conner motioned to recommend to the Council of the City of Salem that the request of Dynamic Medical, LLC , property owner, for rezoning the property located at 1201 & 1203 Texas Street (Tax Map # 149-1-1.1) from RB Residential Business District with conditions to HBD Highway Business District with amended conditions be approved with the following condition: Building "A" will be used for professional real estate appraisal services and related activities. Building "B" will be used for professional offices, real estate appraisal or other similar occupations, and laboratory (conditions # 1 and 2 from the original December 1988 rezoning are hereby extinguished). Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, King Absent: Garst B.Amendment to the Zoning Ordinance Hold public hearing to consider the request of 540 Properties, LLC , contract purchaser and Mechanical Development Company, Inc., property owner, for rezoning the property located at 229 Apperson Drive (Tax Map # 234-3-1) from LM Light Manufacturing District to HBD Highway Business District. T he Executive Secretary Pro Tem reported that notice of such hearing had been published in the November 1 and 8, 2018, issues of the Salem Times Register and adjacent property owners were notified by letter mailed October 22, 2018. Staff noted the following regarding the rezoning request: the subject property consists of a single parcel of approximately 0.5 acres, located near the intersection of Apperson Drive and South C olorado Street. It is triangularly shaped, and bounded by Apperson Drive on the southwest, by Riverland Drive to the north, and by Brook Avenue on the east. T he property is currently vacant. T his request is to rezone the property to allow it to be used for a car wash. T he applicant has proposed a single story, brick or block building for the site. T here will be no direct access from Apperson Drive, and access will be handled from Riverland Drive and will exit onto Brook Avenue where it can circulate back to the light. A vacuum and parking area is proposed at the front of the property. T his property is partially located within the 100-year and 500-year floodplains. C hair Daulton opened the public hearing and asked if there was anyone to speak. Ben Crew of Balzer and Associates, representing the contract purchaser, appeared before the C ommission explaining the rezoning request. He noted he was there with Darrell Craft of 540 Properties, LLC. He stated the request is to rezone this parcel from LM Light Manufacturing District to HBD Highway Business District for the construction of a car wash facility. It is a small 2,000+ square-foot building as shown on the conceptual site plan submitted with the application. It will have two separate wash bays, one will be either a touch free or soft touch type system that is automated. T he facility will have one employee, but they will not be on site at all times as the facility can function by itself. T here will be two adjacent access points, one access in from Riverland Drive and the other out onto Brook Avenue. Also included in the application package is a picture of the style of the building Mr. Craft is interested in building at this location. It might differ some from the drawing, but it will be more of a traditional style of car wash. He further discussed the car wash project and noted they would be happy to answer any questions. Vice C hair King noted that the conceptual plan shows that there will not be an entrance on Apperson Drive. Mr. C rew noted that the project will not have an entrance there. Mr. C onner asked if Mr. C raft operates any other car washes in the area. Darrell C raft, contract purchaser, appeared before the C ommission noting that he currently does not operate any other car washes. T his piece of property has been on the market for a while, and after going by this property many times over the last few years, he thought about trying to do something with it since it is in a good location. After doing some research, he decided to do something with it and explored what would fit on the size of the property. Mr. C onner asked Mr. Craft if he planned to stay pretty close in the realm of architectural design as is shown in the drawing submitted. Mr. Craft stated he attributes the picture which was included as more of a conservative type of look, and this is exactly the type of look he trying to construct. He further discussed the project and noted it would be more of a traditional-looking car wash. Mr. Beamer asked if it would be a 24 hour operation, and Mr. C raft noted that most washes are open 24/7, and he would like for it to be open those hours. It will be an automated car wash, and he will have an employee there at least 40 hours a week; however, the system would be able to work around the clock. C hair Daulton asked if there was anyone else to speak regarding this request. 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 540 Properties, LLC , contract purchaser, and Mechanical Development C ompany, Inc., property owner, for rezoning the property located 229 Apperson Drive (Tax Map #234-3-1) from LM Light Manufacturing District to HBD Highway Business District be approved. J ackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, King Absent: Garst C .Subdiv ision Consider the request for preliminary approval of a proposed subdivision plat filed by T he Simms Family Limited Partnership, property owner, to be located in the 200 blk. of Diamond Road (Tax Map # 272-2-1). T he Executive Secretary Pro Tem reported the C ommission had received a request for preliminary approval of a proposed subdivision plat filed by T he Simms Family Limited Partnership, property owner, to be located in the 200 block of Diamond Road (Tax Map #272-2-1). Staff noted the following regarding the request: the subject property consists of a single parcel of approximately 62.4 acres, one of the largest parcels of land within the city boundaries. It is bounded on the west side by Franklin Street, on the South by Upland Drive, on the east by Diamond Road, and on the North by a private section of Homeplace Drive. T he property is currently occupied by “T he Simms Farm”, a long-time established agricultural use. Elevation varies from a high point of approximately 1,230 feet on the hilltop flats, to a low point of 1,072 on Franklin Street. T he flatter portions of the property have been cleared over the years, but there are still large wooded areas, particularly on the western side and in the ravines, and large mature trees exist throughout. It can best be described as rolling farmland, and is occupied by a house, several stables, and various associated outbuildings and facilities related to its use as a horse farm. It is currently zoned agricultural. T his request is to subdivide the property into four lots, of various sizes between approximately 10.5 acres, and 30 acres, as shown on the attached plat. T hese lots would have frontages on the following public streets: Franklin Street, Upland Drive, Diamond Road, and Homeplace Drive. Under the City of Salem Subdivision ordinance, the subdivision of five lots or less is possible administratively; however, the ultimate authority for subdivision rests with the Planning C ommission. Given the size and nature of this property, and the potential for significant future development and the associated demands on infrastructure and transportation, staff has referred the subdivision to Planning Commission under the authority provided in Section 78- 403 of the Subdivision Ordinance. T he applicant has not stated any intended use for the property at this time, only that they intend to market the various parcels for sale. Any future proposed development, other than agricultural uses, would require the property to be rezoned through a public process. J im Woltz and David Bush with Woltz and Associates, Roanoke, representing the property owner, appeared before the Commission explaining the request to subdivide this property. Mr. Woltz noted that the Simms Family asked them to assist in the sale of this property as well as some other property located in Botetourt C ounty. T hey are applying for a minor subdivision, and he noted that all the tracts are above ten acres. By right, they could have divided five parcels. Vice C hair King asked what was the current zoning for the property. It was noted that it is Agricultural District. She asked if the owners could subdivide into five acre tracts, and it was noted that the tracts have to be at least ten acre tracts. Mr. Bush noted that all the tracts are ten acres or above. Vice C hair King asked how they reached this particular layout for the subdivision. Why so many acres in one parcel versus another parcel? Mr. Woltz noted this is a good question and stated that they look at it for the potential development down the road taking into consideration access, road frontage, topography, utilities, etc. He noted that they divide a lot of land and one of their strong suits they have is trying to follow topography and make sure it makes sense on the ground not just on paper. Also, there are currently some existing roads on the property. Mr. C onner asked Mr. Woltz what he thought the ultimate use of this property would end up being. Mr. Woltz noted that the agricultural zoning allows for a lot of uses so they are trying to explore every opportunity that this property could afford for the C ity. He further discussed possibilities for the use of the property. T hey are mainly just laying the ground work for future development at this time. T here was further discussion regarding the subdivision request and future development for the 60+ acres. No other person(s) appeared related to said request. Neil Conner motioned to approve the request for preliminary approval of a proposed subdivision plat filed by the Simms Family Limited Partnership, property owner, to be located in the 200 block of Diamond Road (Tax Map #272-2-1). J ackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, King Absent: Garst 4.Adjournment T he meeting was adjourned at 7:29 p.m. CITY OF SALEM ITEM 3A PLANNING COMMISSION STAFF REPORT Prepared by: Meeting Date: City Administrative Staff January 16, 2019 Report prepared: January 9, 2019 RE: Hold public hearing to consider the request of J Farmer, LLC, property owner, for rezoning the property located at 1101, 1109 and 1115 Electric Road (Tax Map # 221 -1-4.1) from LM Light Manufacturing District and LM Light Manufacturing / HM Heavy Manufactur ing District to HBD Highway Business District. SITE CHARACTERISTICS: Zoning: LM Light Manufacturing Future Land Use Plan Designation: Industrial Existing Use: Office Proposed Use: Office/Medical Office BACKGROUND INFORMATION: The subject property consists of a single parcel of approximately 0.6 acres located on the west side of Electric Road (Route 419), near the intersection with Campbell Street. It is currently occupied by a single story, three unit, office building. This request is to rezone the property from LM to HBD in order to allow medical offices. The property has been used for general offices since construction, but the owners would like to have the option to lease the space to a medical office. ISSUES: None. AG - Agriculture District BCD - Business Commerce District CBD - Community Business District CUD - College/University District DBD - Downtown Business District HBD - Highway Business District HBD/HM - Highway Business/Heavy Manufacturing District HBD/LM - Highway Business/Light Manufacturing District HM - Heavy Manufacturing District LM - Light Manufacturing District LM/HM - Light Manufacturing/Heavy Manufacturing District MHP - Manufactured Home Park District PUD - Planned Unit District RB - Residential Business District RMF - Residential Multi-Family District RMF/RB - Residential Multi-Family/Residential Business District RSF - Residential Single Family District RSF/HBD - Residential Single/Highway Business District RSF/LM - Residential Single Family/Light Manufacturing RSF/RB - Residential Single Family/Residential Business District RSF/RMF - Residential Single Family/Residential Multi-Family District RSF/TBD - Residential Single Family/Transitional Business District TBD - Transitional Business District EXISTING ZONING FUTURE LAND USE Highland Road Campbell Street Electric Road Virginia Route 419 CommerceInvestors,LLC,PB10,PG 72 New Century Dev. Co., LLC, PB 9, PG 89 NewCenturyDevelopmentCo.,PB10,PG 13 Vaughan & Project Discovery of VA, PB 11, PG 20 Yokohama Tire Corp & Allen Properties, PB 9, PG 93 Allen Properties, PB 7, PG 41 Fairfield (Revised), PB 2, PG 115 (RC) Fairfield (Revised), PB 2, PG 115 (RC) J Farmer, LLC, PB 11, PG 54 A B W. P/O 8A B-1 C B-2 A-1 N.E. P/O 8 18 17 16 15 14 13 12 11 10 9 50 50 COMMONWEALTH OF VIRGINIA Street Vacated (Rke.Blvd.) 1 2 1.1 6 57 10 9 8 7 6 5 11 4 3 3 2 1 4.1 1 4 84.02 154.78 249.50226.26 179.36108.2 1 9 4 .1 9 8 3 .4 6 1 5 .6 3 194.72 45.11 103.73 2 2 0 .3 9 460.28 562.31 402.66 302.03 200.00 427.66 325.70 150.00 29.51 170.37 128.82 160.01 40.00 129.25169.25 188.87 154.75 30.0 159.94 296.47 299.19 187.56 30.44 128.00 100.00 100.00 100.00 100.00 100.00 100.00 200.00 200.00 200.00 200.00 200.00 200.00 200.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00100.00 130.00 143.40 200.00 170.00 411.29 100.00 100.00 166.25 100.00 100.00 100.00 345.08 100.00 71.40 72.00 200.00 200.00 50.00 50.15 325.95 271.64 271.64 179.71 100.00 30.00 170.00 1047.3038.1 8 100.00 200.00 132.95 101.45 107.50 107.50 3 5.3 6 70.25 3 5.3 6 1 2 1344 1000 1068 1026 1076 1076 1025-1027 1035 1201 1200, 1202, 1206, 1210, 1216, 1220 1054 1062 1044 1015 1023 1033 1037 1036 1045 1055 1063 1069 1077 1104 1105 1003 1115 - 1101 1151 - 1155 - 1159 2.076 Ac. 1.022 Ac. 6.384 Ac. 1.130 Ac. 1.348 Ac. 0.624 Ac. 0 125 25062.5 Feet±1 inch = 125 feet JANUARY 2019 PLANNING COMMISSION 1101,1109,1115 ELECTRIC R OAD CITY OF SALEM Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032 Tax Parcel 221-1-4.1 Buildings Parcels City Limits Commercial Downtown Economic Development Area Industrial Institutional Mixed Use Public Parks and Recreational Residential Transitional Tax Parcel 221-1-4.1 Buildings Parcels City Limits CITY OF SALEM ITEM 3B PLANNING COMMISSION STAFF REPORT Prepared by: Meeting Date: City Administrative Staff January 15, 2019 Report prepared January 10, 2019 RE: Hold public hearing to consider the revocation of a Special Exception Permit issued November 13, 2017, to William E. Lee, property owner, and Green GearHeads LLC, lessee, to allow scrap and salvage services on the property located at 844 Union Street (Tax Map #200 -2-1). SITE CHARACTERISTICS: Zoning: HM Heavy Manufacturing Future Land Use Plan Designation: Industrial Proposed Zoning: HM Heavy Manufacturing Existing Use: Scrap and Salvage Services BACKGROUND INFORMATION: The City requests this item be continued to the February 13, 2019, meeting. CITY OF SALEM ITEM 3C PLANNING COMMISSION STAFF REPORT Prepared by: Meeting Date: City Administrative Staff January 16, 2019 Report prepared: January 10, 2019 RE: Hold public hearing to consider amending Chapter 106, Article II District Regulations, Section 106-210.2 Downtown business district, Commercial Use Types, 106-212.2 Transitional business distrct, Commercial Use Types, 106-214.2 Highway business district, Commercial Use Types, pertaining to Pawn Shops; Article IV, Definitions and Use Types, Section 106-600 Definitions, pertaining to Substantial Improvement, and 106-602.3, Residential use types pertaining to Residential human care facility. BACKGROUND INFORMATION: Staff continually reviews the Zoning Ordinance for its current applicability. Topics of discussion have arisen due to recent rezoning requests. Adjustments are necessary to encourage the type of development the community has requested. The proposed changes will remove pawn shops by-right and require a special exception permit. In addition, definitions also need to be updated from time to time. The state has amended their definition of residential human care facility to reflect the Virginia Department of Behavioral Health and Developmental Services instead of Mental Health, Mental Retardation, and Substance Abuse. The definition of substantial improvement will now include local historic registers to mirror the Uniform Statewide Building Code. SUMMARY OF PROPOSED CHANGES: ARTICLE II DISTRICT REGULATIONS SECTION 106-210 DOWNTOWN BUSINESS DISTRICT: Sec. 106-210.2. - Permitted uses. (A)(3) Commercial Use Types, Pawn Shops, (B)(3) Commercial Use Types, Pawn Shops. SECTION 106-212 TRANSITIONAL BUSINESS DISTRICT: Sec. 106-212.2. - Permitted uses. (A)(3) Commercial Use Types, Pawn Shops, (B)(3) Commercial Use Types, Pawn Shops. SECTION 106-214 HIGHWAY BUSINESS DISTRICT: Sec. 106-214.2. - Permitted uses. (A)(3) Commercial Use Types, Pawn Shops, (B)(3) Commercial Use Types, Pawn Shops. ARTICLE VI – DEFINITIONS AND USE TYPES SECTION 106-600 DEFINITIONS: Substantial Improvement SECTION 106-602.3 Residential use types: Residential human care facility Sec. 106-210. - DBD—Downtown business district. Sec. 106-210.1. - Statement of intent. The DBD Downtown Business District has been created to recognize and promote the unique character of Salem's downtown area. The district allows and encourages, through flexible design standards, a mixture of professional offices, financial services, government functions and specialty retail. Upper floor residential uses are encouraged. Automobile related uses are limited in the district. Overall, permitted uses, setbacks and development standards are designed to maintain a downtown urban character. Sec. 106-210.2. - Permitted uses. (A) The following uses are permitted by right in the DBD Downtown Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 5. Commercial Use Types Antique Shops Automobile Parts/Supply, Retail Business or Trade School Business Support Services Commercial Indoor Entertainment Communication Services Consumer Repair Services Convenience Store Day Care Center * Funeral Services Homestay Inn * Hotel/Motel/Motor Lodge Microbrewery * Microdistillery * Pawn Shop Personal Improvement Services Personal Services Restaurant Retail Sales Studio, Fine Arts Veterinary Hospital/Clinic (B) The following uses are permitted by special exception in the DBD Downtown Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 5. Commercial Use Types Assembly Hall Commercial Indoor Amusement Dance Hall * Hospital Pawn Shop Sec. 106-212. - TBD—Transitional business district. Sec. 106-212.1. - Statement of intent. The TBD Transitional Business District has been created in recognition that there are commercial areas near downtown Salem that exhibit patterns of development similar, but less intensive than, the downtown business district. These areas are suitable for future downtown-type uses and development patterns. The Transitional Business District allows a mixture of professional offices, financial services, government functions and specialty retail. Upper floor residential uses similarly are encouraged. Automobile related uses are limited in the district. Overall, setbacks and development standards are designed to allow a downtown urban character. Sec. 106-212.2. - Permitted uses. (A) The following uses are permitted by right in the TBD Transitional Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 5. Commercial Use Types Antique Shops Automobile Parts/Supply, Retail Automobile Repair Services, Minor Business or Trade School Business Support Services Commercial Indoor Entertainment Communication Services Consumer Repair Services Convenience Store Day Care Center * Funeral Services Homestay Inn * Hotel/Motel/Motor Lodge Microbrewery * Microdistillery * Pawn Shop Personal Improvement Services Personal Services Restaurant Retail Sales Studio, Fine Arts Veterinary Hospital/Clinic (B) The following uses are permitted by special exception in the TBD Transitional Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 5. Commercial Use Types Assembly Hall Commercial Indoor Amusement Hospital Microbrewery * Microdistillery * Pawn Shop Sec. 106-214. - HBD—Highway business district. Sec. 106-214.1. - Statement of intent. The HBD Highway Business District has been created to provide and allow a wide variety of commercial and service uses that are typically found along or near major transportation arterials. This district provides a location and development standards for more intensive commercial uses not appropriate for the Downtown (DBD) or Residential (RB) Districts. Sec. 106-214.2. - Permitted uses. (A) The following uses are permitted by right in the HBD Highway Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 5. Commercial Use Types Agricultural Services Antique Shops Assembly Hall Athletic Instruction Services Automobile Dealership, New * Automobile Parts/Supply, Retail Automobile Rental/Leasing Automobile Repair Services, Minor Business or Trade School Business Support Services Car Wash Commercial Indoor Amusement Commercial Indoor Entertainment Commercial Indoor Sports and Recreation Commercial Outdoor Entertainment Commercial Outdoor Sports and Recreation Communication Services Construction Sales and Services Consumer Repair Services Convenience Store Day Care Center * Equipment Sales and Rental Funeral Services Garden Center Gasoline Station Golf Course Homestay Inn * Hotel/Motel/Motor Lodge Kennel, Commercial Laundry Pawn Shop Personal Improvement Services Personal Services Recreational Vehicle Sales and Service * Restaurant Retail Sales Studio, Fine Arts Veterinary Hospital/Clinic (B) The following uses are permitted by special exception in the HBD Highway Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 5. Commercial Use Types Adult Business * Automobile Dealership, Used * Automobile Repair Services, Major * Dance Hall Flea Market Hospital Manufactured Home Sales * Massage Parlor Pawn Shop Personal Storage * Truck Stop Sec. 106-600. - Definitions. (C) The words and terms listed below shall have the following meanings: Substantial improvement. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not however, include either any project for improvement for a structure to comply with existing state or city health, sanitary or safety code specifications which are solely necessary to assure safe living condition, or any alteration of a structure listed on the National Register of Historic Places of the state landmarks a national, state, or local historic register. Sec. 106-602.3. - Residential use types. [The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Residential human care facility. A building (1) used as a group home where not more than eight mentally ill, mentally retarded or other developmentally disabled persons, not related by blood or marriage, reside, with one or more resident counselors or other staff persons and for which the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Behavorial Health and Developmental Services is the licensing authority, pursuant to § 15.2-2291 of the Code of Virginia, or (2) used as a group home where not more than eight aged, infirm or disabled persons, not related by blood or marriage, reside with one or more resident counselors or other staff persons and for which the Department of Social Services is the licensing authority, pursuant to § 15.2-2291(B) of the Code of Virginia. Excluded from this definition are drug or alcohol rehabilitation centers, half- way houses and similar uses. CITY OF SALEM ITEM 3D PLANNING COMMISSION STAFF REPORT Prepared by: Meeting Date: City Administrative Staff January 16, 2019 Report prepared: January 10, 2019 RE: Hold public hearing to consider amending Chapter 66, Article IV, Permitted Signs by Use and District, Section 66-105(A), of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to signs. BACKGROUND INFORMATION: The existing sign ordinance was adopted in January 2017, in part due to the creation of the Downtown Plan and the direction from the public as to how signage affects its character. As the ordinance has been enforced staff has become aware of certain changes that need to be made to promote visibility while preserving the downtown character. SUMMARY OF PROPOSED CHANGES: 1. Freestanding sign height will be reduced from fifteen to five feet in TBD and DBD to create more of a pedestrian nature. 2. Multi-tenant sign size will be increased from twelve to twenty-four square feet and the restriction to wall signs only will be removed to allow for greater visibility. Page 1 Chapter 66 Chapter 66 Chapter 66 Chapter 66 ---- SIGNSSIGNSSIGNSSIGNS ARTICLE IV. ARTICLE IV. ARTICLE IV. ARTICLE IV. ---- PERMITTED SIGNS BY USE AND DISTRICTPERMITTED SIGNS BY USE AND DISTRICTPERMITTED SIGNS BY USE AND DISTRICTPERMITTED SIGNS BY USE AND DISTRICT Sec. 66Sec. 66Sec. 66Sec. 66----105105105105. . . . –––– Permitted Signs.Permitted Signs.Permitted Signs.Permitted Signs. A.A.A.A. Permitted Signs by Permitted Signs by Permitted Signs by Permitted Signs by Type.Type.Type.Type. Freestanding Sign, Pole SignFreestanding Sign, Pole SignFreestanding Sign, Pole SignFreestanding Sign, Pole Sign:::: All letters, figures, characters or representations in cutout or irregular form maintained in conjunction with, attached to or superimposed upon any freestanding sign shall be safely and securely built or attached to the sign structure and shall comply with all requirements in section 66-71. No freestanding sign shall be nearer than two feet to any other sign, building or structure, except those freestanding signs parallel to and adjacent to a wall or structure. For Monument or Ground Signs see Monument Section below. AG RSF & COL RMF, RB, PUD MHP CUD, CBD, HBD, BCD, LM, HM TBD, DBD* Maximum total area of 24 square feet not to exceed 8 feet in height. One sign allowed for religious, charitable, institutional, recreational and other public and semipublic uses: Maximum total area of 24 square feet not to exceed 8 feet in height. May have 2nd sign on secondary street frontage if 100 feet from 1st sign and both signs are not visible from same point along same street. One sign allowed. Maximum Area 24 square feet not to exceed 10 feet in height. One allowed, maximum of 15 square feet and shall not exceed 15 feet in height. For commercial or industrial uses one freestanding sign placed 100 feet apart and not visible from the same point along the same street. Additional frontage may have additional signage. If frontage is less than 75' sign shall not exceed 24 sq. ft. Frontage 75 to less than 150 feet sign shall not exceed 100 sq. ft. Frontage 150 feet or greater sign shall not exceed 150 sq. ft. May contain more than one sign not to exceed the max. allowable size. No sign shall exceed 25 feet in height. Maximum Area of 24 square feet and shall not exceed 11115555 5555 feet in height. *See Sec. *See Sec. *See Sec. *See Sec. 66666666----105 (C) 105 (C) 105 (C) 105 (C) Additional Additional Additional Additional StandardsStandardsStandardsStandards MultiMultiMultiMulti----tenant Sign:tenant Sign:tenant Sign:tenant Sign: AG RSF & COL RMF, MHP, PUD CUD, CBD, HBD, BCD, LM, HM RB, TBD, DBD* Not Allowed Maximum of 150 square feet based on building frontage. For commercial or industrial uses one freestanding sign placed 100 feet apart and not visible from the same point along the same street. Sign may contain more than one sign not to exceed the maximum allowable size. No sign shall exceed 25 feet in height. Allowed as Wall Signs only.Allowed as Wall Signs only.Allowed as Wall Signs only.Allowed as Wall Signs only. Maximum areaareaareaarea of 12121212 24242424 square feet. Sign may contain more than one sign not to exceed the maximum allowable size. *See Sec. *See Sec. *See Sec. *See Sec. 66666666----105 (C) Additional 105 (C) Additional 105 (C) Additional 105 (C) Additional StandardsStandardsStandardsStandards B.B.B.B. Permitted Illumination:Permitted Illumination:Permitted Illumination:Permitted Illumination: Illumination Types:Illumination Types:Illumination Types:Illumination Types: There shall be no light trespass into any residential district. AG, RSF, RMF, MHP, COL PUD, RB, CUD TBD & DBD CBD, HBD, BCD, LM, HM No Illumination External Illumination only External, Halo, or Neon Illumination only Internal, External, or Halo Illumination only. C.C.C.C. Additional Additional Additional Additional Standards:Standards:Standards:Standards: Signs located in the Downtown Business Districts may have additional standards and/or differing regulations as set forth in the Handbook to Downtown Salem.