HomeMy WebLinkAbout2/13/2019 - Planning Commission - Agenda -RegularPlanning Commission Meeting
AGENDA
Wednesday, February 13, 2019, 7:00 PM
Council Chambers, 114 N. Broad St., Salem, VA 24153
1.C all to Order
2.C onsent Agenda
A.Minutes
C onsider approval of the minutes from the January 16, 2019, work session and regular meeting.
3.Old Business
A.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). (Continued from
the J anuary 16, 2019, meeting)
4.Adjournment
Planni ng Commi ssi on Meeti ng
M INUTES
Wednesday, January 16, 2019, 7:00 P M
City Hall, Council Chambers, 114 North Broad Street, Salem, Virginia
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
C harles E. VanAllman, J r., Director of C ommunity Development Department;
Benjamin W. Tripp, C ity Planner; Mary Ellen Wines, Zoning Administrator; and
William C . Maxwell, Assistant City Attorney.
J ackson Beamer motioned to appoint Mary Ellen Wines as Executive Secretary Pro
Tem for this meeting of the Planning C ommission. Reid Garst seconded the motion.
Ayes: Conner, Beamer, Garst, King, Daulton
2.C onsent Agenda
A.Minutes
Consider approval of the minutes from the November 14, 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 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.
T he Executive Secretary Pro Tem reported that notice of such hearing had been
published in the J anuary 3 and 10, 2019, issues of the Salem Times Register and
adjacent property owners were notified by letter mailed December 21, 2018.
Staff noted the following regarding the rezoning request: 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 C ampbell Street. It is
currently occupied by a single story, three unit, office building. T his request is to
rezone the property from LM to HBD in order to allow medical offices. T he
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.
C hair Daulton opened the public hearing and asked if there was anyone to speak on
this request.
J ohn Farmer of 315 Howard Drive, property owner, appeared before the
C ommission explaining the rezoning request. He noted that the property is currently
zoned for Light and Heavy Manufacturing. T hey would like to have the option to
lease the space to a medical office business and therefore, need to rezone the
property to HBD Highway Business District to accommodate the proposed use. At
this time, there are no changes proposed to the structure or the property.
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. She noted that the Planning
C ommission will make a recommendation to City C ouncil and then the request will
go before Council on J anuary 28.
Neil Conner motioned to recommend to the Council of the City of Salem that 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 be approved. J ackson Beamer seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
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).
T he Executive Secretary Pro Tem reported that notice of such hearing had been
published in the J anuary 3 and 10, 2019, issues of the Salem Times Register.
Staff noted the following regarding the request to revoke a Special Exception
Permit: it has been requested that this item be continued to the February 13, 2019,
Planning Commission meeting.
Ben Tripp appeared before the C ommission noting that staff is requesting the
C ommission to continue this request to the February meeting.
Neil Conner motioned to continue the request 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) to the February 13,
2019, Planning C ommission meeting. Reid Garst seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
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, C ommercial 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.
T he Executive Secretary Pro Tem reported that notice of such hearing had been
published in the J anuary 3 and 10, 2019, issues of the Salem Times Register.
Staff noted the following regarding the request: 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. T he 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. T he 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. T he definition of substantial improvement will now include
local historic registers to mirror the Uniform Statewide Building C ode.
Ben Tripp appeared before the C ommission explaining the proposed zoning
ordinance amendments.
C hair Daulton noted that this is a public hearing and asked if anyone was present
who would like to speak regarding this matter. 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
C hapter 106, Zoning, Article II District Regulations, Section 106-210.2 Downtown
Business District, Commercial Use Types, 106-212.2 Transitional Business Distrct,
C ommercial 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 be approved as
amended. Neil Conner seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
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 O D E O F T HE C IT Y O F
SA LEM, VIRG IN IA pertaining to signs.
T he Executive Secretary Pro Tem reported that notice of such hearing had been
published in the J anuary 3 and 10, 2019, issues of the Salem Times Register.
Staff noted the following regarding the request: the existing sign ordinance was
adopted in J anuary 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 T BD and D BD to create more of a pedestrian nature, and 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.
Ben Tripp appeared before the C ommission explaining the proposed sign ordinance
amendments.
C hair Daulton noted that this is a public hearing and asked if anyone was present
who would like to speak regarding this matter.
Dr. Mark Wadstrom, property owner at 1035 Electric Road, appeared before the
C ommission asking about the proposed amendments to the sign ordinance. Staff
noted that the proposed changes would not affect his existing property.
C hair Daulton asked if there was anyone else to speak on 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
C hapter 66, Article IV, Permitted Signs by Use and District, Section 66-105(A), of
the C O D E O F T HE C IT Y O F SA LEM, VIRG IN IA pertaining to signs be
approved as amended. Denise King seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
4.Adjournment
T he meeting was adjourned at 7:17 p.m.
UNAPPROVED MINUTES PLANNING COMMISSION WORK SESSION January 16, 2019 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 January 16, 2019, there being present all the members of said Commission, to wit: Vicki G. Daulton, Chair; Denise P. King, Vice Chair; Reid A. Garst II, 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 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 Highway Business District WHEREAS, staff noted the following: 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; and WHEREAS, staff and the Commission discussed the rezoning request; and WHEREAS, a full and lengthy discussion was held regarding 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 Highway Business District.
2 In 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) WHEREAS, staff noted the following regarding the revocation of the Special Exception Permit: it has been requested that this item be continued to the February 13, 2019, Planning Commission meeting. In 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 WHEREAS, staff noted the following: 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; and WHEREAS, staff and the Commission discussed the proposed amendments to the zoning ordinance; and WHEREAS, a full and lengthy discussion was held regarding 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.
3 In 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 WHEREAS, staff noted the following: 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, and 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; and WHEREAS, staff and the Commission discussed the proposed amendments to the sign ordinance; and WHEREAS, a full and lengthy discussion was held regarding 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. 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 6:56 p.m. _____________________________ Chair ________________________________ Executive Secretary
CITY OF SALEM ITEM 3B
PLANNING COMMISSION
STAFF REPORT
Prepared by: Meeting Date:
City Administrative Staff February 13, 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 subject property consists of a single parcel located off Union Street, between the Norfolk Southern Main Lines
and the Virginian Line. The property is visible from the entrance to the Moyer Sports Complex, behind Oak Hall Cap
and Gown. It is approximately 1.392 acres, and is occupied by a 24,000 sq. ft. industrial building.
This request is for the revocation of the Special Exception Permit issued November 13, 2017, to allow Scrap and
Salvage Services. The original permit was granted with the following conditions:
1. There shall be no public safety issues with the flow of traffic in and out of the facility. A plan shall be
submitted for review illustrating the flow of vehicles and shall be subject to approval by the city;
2. No party shall utilize Union Street or 7th Street for stopping, turning, or parking of motor vehicles in relation
to the business conducted on the subject property;
3. A landscaped buffer yard type B shall be planted per 106-402.3 around all parking areas;
4. The west side of the building shall not be utilized for loading, unloading or storage purposes;
5. Signage shall be installed instructing customers that no drop offs will be allowed at any time after hours.
Cameras shall be installed and maintained for monitoring prohibited drop-offs;
6. All traffic access shall be via Union and 4th Street;
7. Materials to be delivered for scrap and salvage, or recycling, shall be limited to paper, cardboard, plastics,
and metal, however no automotive or other transportation vehicle salvage shall be allowed;
8. All processing shall be conducted inside the existing building. Loading and unloading of materials may
occur from the docks on the south and east sides of the building. No outdoor storage shall be allowed
except for empty containers that are awaiting placement at customer locations. All such containers shall be
as shown on the attached depiction submitted by the petitioner with the application. All scrap and salvage,
or recycling, materials must be stored inside the building at the conclusion of the business day; and
9. The petitioner shall obtain and maintain all required local, state, and federal permits, including any required
Department of Environmental Quality permits, and shall comply with all regulations and requirements of the
Department of Environmental Quality, or any other governing agency or department.
TIMELINE:
GreenGearHeads was notified prior to the issuance of the special exception permit that per the building code,
occupancy of the building would be considered a change of use and would require the submittal of architectural
plans and possible renovation before a certificate of occupancy could be issued.
At the previous location of 1115 Indiana Street, GreenGearHeads had received a warning letter from DEQ in 2017
regarding the possible violation of the State Water Control Law and Regulations. On February 15, 2018, DEQ had
issued a second warning letter for that location. GreenGearHeads filed an incomplete registration for 844 Union
Street on November 13, 2017, and has yet to complete the registration process.
As of April 4, 2018, GreenGearHeads was in violation of the special exception permit. Condition #3, landscaping,
had not been planted, #4, the west entrance was being used for loading and unloading, #8, piles of material were
being stored outside, and #9, the appropriate permits (building, certificate of occupancy, DEQ, etc.) had not been
obtained (see Exhibit 1).
In April of 2018, GreenGearHeads informed the city that they were closing the business. On April 18, 2018, Troy
Loving, Building Official, received an email from GreenGearHeads stating that they had stopped taking material
except for two small cardboard customers on a weekly pick up basis.
On April 24, 2018, Mr. Loving received an email from GREENGEARHEADS stating that they had contracted an
architect to prepare the drawings for occupancy.
On November 6, 2018, an interdepartmental inspection team, Deputy Fire Marshall, Building Official, Building
Inspector, and the Zoning Administrator, inspected the premises. Numerous violations were discovered.
GREENGEARHEADS stated that they were not taking in anymore material and would be closing the business. On
November 9, 2018, a notice of violation was mailed giving a November 30, 2018, deadline for correction (see
attached violation notice).
On November 28, 2018, a one-week extension request from GREENGEARHEADS was received and on November
30, 2018, a subsequent inspection was performed. As progress to remove the material and close the business had
been made, the city extended the deadline until December 7, 2018.
On December 7, 2018, another inspection was performed. Additional progress had been made however, much of
the recyclable material remained in addition to new material being present. The deadline was extended to
December 31, 2018.
Periodic updates have been received from GREENGEARHEADS and the removal of recyclable material has been
progressing, albeit, slowly.
On December 28, 2018, GREENGEARHEADS emailed requesting an extension to vacate the property. The
deadline of December 31, 2018, was extended to January 2, 2019.
On January 2, 2019, the Fire Marshall’s Office submitted an update to DEQ. GREENGEARHEADS emailed
requesting another extension. The Building Official and Building Inspector performed another inspection (see
Exhibit 3). The majority of the material has been removed and the deadline has been extended to midnight, January
14, 2019. Weekly updates have been received from Green GearHeads and progress continues.
On February 5, 2019 and inspection was made and the premises appears to be 99% vacated. (See Exhibit 4)
ISSUES:
Formal action is required by Planning Commission and City Council to revoke the special exception permit.
EXHIBIT 1, Page 1
EXHIBIT 1, Page 2
EXHIBIT 1, Page 3
EXHIBIT 1, Page 4
EXHIBIT 3, Page 1
EXHIBIT 3, Page 2
EXHIBIT 3, Page 3
EXHIBIT 4, Page 1
EXHIBIT 4, Page 2
EXHIBIT 4, Page 3
EXHIBIT 4, Page 4
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
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C h a r l e s H . H a m l i n , P B 6 , P G 6 3
Graham-White Manufacturing Co., Inc., PB 7, PGS 6,7
Graham-White Manufacturing Co., Inc., PB 5, PGS 2,3
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17
Tr. B-1B
B-1C Tr. B-1B1 Tr. B-1B2
Norfolk & Western Railroad
20' Esmt by N/S
Norfolk & Western Railroad
Norfolk & Western Railroad
City of Salem
JAMES I. MOYER PARK AND SKATE PARK
"7"
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8.444 Ac.
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1.392 Ac.
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0 .1 9 8 A c .
0 100 20050
Feet±1 inch = 100 feet FEBRUARY PLANNING COMMISSION844 Union Street
CITY OF SALEM
Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032
Tax Parcel 200-2-1 Buildings Parcels City Limits
Commercial
Downtown
Economic Development Area
Industrial
Institutional
Mixed Use
Public Parks and Recreational
Residential
Transitional
Tax Parcel 200-2-1 Buildings Parcels City Limits