HomeMy WebLinkAbout4/11/2018 - Planning Commission - Agenda -RegularPlanning Commission Meeting
AGENDA
Wednesday, April 11, 2018, 7:00 PM
Council Chambers, City Hall. 114 North Broad Street, Salem
1.C all to Order
2.C onsent Agenda
A.Minutes
C onsider approval of minutes from the March 14, 2018, work session and regular meeting.
3.New Business
A.Special Exception P ermit
Hold public hearing to consider the request of W. G. Crotts, property owner, for the issuance of a
Special Exception Permit to allow an automobile repair services, major business on the properties
located at 414 8th Street, (Tax Map # 185 - 7 - 3) and 1005 Delaware Street (Tax Map# 185-7-
3.1).
B.Amendment to the City Code
Hold public hearing to consider enacting Chapter 106, Zoning, Article II District Regulations,
Section 106-210.3(E), and Article III Use and Design Standards, Section 106-306.7 of the C O D E
O F T HE C IT Y O F SALEM, VIRG INIA. T hese changes relate to Downtown administrative
services and drive-through facilities.
4.Adjournment
Work Session, Wednesday, April 11, 2018, 6:00 p.m., Council Chambers C onference Room
Planni ng Commi ssi on Meeti ng
M INUTES
Wednesday, March 14, 2018, 7:00 P M
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 (absent); Reid A. Garst II, N.
J ackson Beamer, and Neil L. C onner; with Vicki G. Daulton, C hair, presiding;
together with J ames E. Taliaferro, Assistant City Manager and Executive Secretary;
C harles E. Van Allman, Director of C ommunity Development Department;
Benjamin W. Tripp, C ity Planner; Mary Ellen Wines, Zoning Administrator; and
William C . Maxwell, Assistant City Attorney.
2.C onsent Agenda
A.Minutes
Consider approval of the minutes from the J anuary 10, 2018, work session and
regular meeting.
Approved as written
3.New Business
A.Special Exception P ermit
Hold public hearing to consider the request of W. G. C rotts, property owner, for the
issuance of a Special Exception Permit to allow an automobile repair business on
the property located at 414 8th Street, (Tax Map # 185 - 7 - 3).
T he Executive Secretary noted that this item has been withdrawn and will probably
appear before the Commission at the April meeting.
B.Amendment to the City Code
Hold public hearing to consider amending Chapter 106, Article II District
Regulations, Section 106-200.2(A)2, Section 106-202.2(A)2, Section 106-
204.2(A)2, Section 106-208.2(A)2, (A)3, and B(3), Section 106-213.2(B)2, Section
106-210.2(A)4, Section 106-210.3(B)1 and (E), Section 106-214.2(A)3 and (B)3,
Section 106-216.2(A)3, Section 106-218.2(A)3, (A)5, and (B)3, Section 106-
220.2(A)3, (A)5, and (B)3; Article III Use and Design Standards, Section 106-
304.15(A) and Section 106-308; Article IV Development Standards, Section 106-
Staff
Staff
402.25 and Section 106-406.27; and Article VI Definitions and Use Types, Section
106-600 of the C O D E O F T HE C IT Y O F SA LEM, VIRG IN IA. T hese changes
relate to single family dwelling use and design standards, administrative services,
Downtown Business District setback requirements, corner lots, drive-through
facilities, office use types (use and design standards), and requirements for exterior
storage, refuse disposal, etc.
T he Executive Secretary reported that notice of such hearing had been published in
the March 1 and 8, 2018, issues of the Salem Times Register.
Staff noted the following regarding the request: these changes relate to single family
dwelling use and design standards, administrative services, Downtown Business
District setback requirements, corner lots, drive-through facilities, office use types
(use and design standards), automotive repair services, major use and design
standards, requirements of exterior storage, refuse disposal, and modular housing
and permanent foundations definitions.
T he Executive Secretary noted that staff is requesting to remove Section 106-
210.2(A)4, Financial Institutions from the Use and Design Standards in this section.
Also, staff is requesting to remove Section 106-210.3(E) Other Requirements from
consideration this evening.
Mary Ellen Wines appeared before the Commission explaining the proposed zoning
ordinance amendments. She noted that staff would like to add a use and design
standard for single family detached dwellings with the minimum square footage
being 600 square feet; this is due to building code changes effective in J uly. Staff
would like to remove the Administrative Services use from a by-right use and apply
them to a Special Exception Use in Residential Business, Highway Business, Light
Manufacturing and Heavy Manufacturing. Further, staff is proposing to remove
Administrative Services from the Business Commerce District entirely. In the
Downtown Business District, staff is proposing to add a use and design standard for
Office Use Types that they be permitted only on floors above the ground floor and
in the same structure as a commercial use type for parcels fronting on (a) Main
Street between T hompson Memorial Drive and Academy Street, (b) College
Avenue between Clay Street and T hompson Memorial Drive, and (c) North Market
Street. Also proposed is amending the front setback of the Downtown District to a
maximum of zero just to be clear on the build to at the right of way. T his would be
added to the corner lot setback as well with the exception being a maximum of 20
feet if for outdoor patio-style dining. In Light Manufacturing and Heavy
Manufacturing districts, for Auto Repair Major, staff is proposing to add the same
use and design standards as in the Highway Business District. Further, additional
requirements for exterior storage, refuse disposal, etc. is in the Site Plan section of
the ordinance, and staff is proposing to move it from this section to the
Miscellaneous provisions to require this for all businesses not just those who go
through the site plan process. Finally in the Definitions section, it is proposed to
revise the definition of Modular Home to be in adherence with the State code
definition of industrialized buildings and to add a definition for Permanent
Foundation. She noted that she would be glad to answer any questions.
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 from the
audience, and the public hearing was closed.
J ackson Beamer motioned to recommend to the Council of the City of Salem that
C hapter 106, Zoning, Article II District Regulations, Section 106-200.2(A)2,
Section 106-202.2(A)2, Section 106-204.2(A)2, Section 106-208.2(A)2, (A)3, and
B(3), Section 106-213.2(B)2, Section 106-210.3(B)1, Section 106-214.2(A)3 and
(B)3, Section 106-216.2(A)3, Section 106-218.2(A)3, (A)5, and (B)3, Section 106-
220.2(A)3, (A)5, and (B)3; Article III Use and Design Standards, Section 106-
304.15(A) and Section 106-308; Article IV Development Standards, Section 106-
402.25 and Section 106-406.27; and Article VI Definitions and Use Types, Section
106-600 of the C O D E O F T HE C IT Y O F SA LEM, VIRG IN IA be amended as
presented. Neil Conner seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst
Absent: King
C .Amendment to the City Code
Hold public hearing to consider amending Chapter 66, Article I In General, Sections
66-5(A) and (B); and Article IV Permitted Signs by Use and District, Sections 66-
103(B) and 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 reported that notice of such hearing had been published in
the March 1 and 8, 2018, issues of the Salem Times Register.
Staff noted the following regarding the request: the changes proposed include
updates to various sections of the Sign Ordinance relating to enforcement,
nonconforming signs, corner lot street frontage calculations and calculations for
multi-tenant buildings.
Mary Ellen Wines noted that being proposed are four sign ordinance changes. T he
first relates to unsafe signs and signs maintained in violation of the chapter. Staff is
proposing to add civil penalties in addition to the criminal charges which are
currently in place. She further discussed these changes. T he second relates to
nonconforming signs. T his is to clarify that moving any sign in a window or to
another window makes the sign a relocated sign so it would lose any grandfather
rights. T hird, in total allowable signage for all signs, there is a clarification related to
corner lots. T he last change is a clarification to wall signs in multi-tenant buildings.
C ommissioner Garst asked if there is additional recourse after the $1,000 limit has
been met with relation to violations. Mrs. Wines noted that yes there is recourse.
She noted that if we have a repeat offender after the civil process is completed, once
they start putting signs out again, it would be a new offense, and the C ity can pursue
the criminal misdemeanor charge.
T here was further discussion regarding changes to the sign ordinance.
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 from the
audience, and the public hearing was closed.
Reid Garst motioned to recommend to the Council of the City of Salem that
C hapter 66 - Signs, Article I In General, Sections 66-5(A) and (B); and Article IV
Permitted Signs by Use and District, Sections 66-103(B) and 66-105(A) of the
C O D E O F T HE C IT Y O F SA LEM, VIRG IN IA be amended as presented. Neil
C onner seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst
Absent: King
4.Adjournment
T he meeting was adjourned at 7:14 p.m.
UNAPPROVED MINUTES
PLANNING COMMISSION WORK SESSION
March 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
March 14, 2018, there being present the following members of said Commission, to wit:
Vicki G. Daulton, Chair; Denise P. King, Vice Chair (absent); Reid A. Garst II, N. Jackson
Beamer, and Neil L. Conner; together with James E. Taliaferro, II, Assistant City Manager
and Executive Secretary, ex officio member of said Commission; Benjamin W. Tripp, City
Planner; Mary Ellen Wines, Zoning Administrator; 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 W. G. Crotts, property
owner, for the issuance of a Special Exception Permit to allow an
automobile repair business on the property located at 414 Eighth Street
(Tax Map #185-7-3)
WHEREAS, staff noted the following: the subject property consists of a single parcel
of approximately 0.2 acres, located at the southwest corner of 8th Street and Delaware
Street, east of College Avenue. The property is occupied by a two-story building currently
housing a catering business. This request is to allow Automobile Repair Services, Major in a
new building on the same parcel. If granted, this new building would be constructed to the
east of the existing one and would allow the expansion of business operations from 404
Eighth Street, their current location; and
WHEREAS, it was noted that this item was being withdrawn from the agenda as
one additional parcel was not included in the request.
In re: Hold public hearing to consider amending Chapter 106, Article II District
Regulations, Section 106-200.2(A)2, Section 106-202.2(A)2, Section 106-
204.2(A)2, Section 106-208.2(A)2, (A)3, and B(3), Section 106-213.2(B)2,
Section 106-210.2(A)4, Section 106-210.3(B)1 and (E), Section 106-214.2(A)3
and (B)3, Section 106-216.2(A)3, Section 106-218.2(A)3, (A)5, and (B)3,
Section 106-220.2(A)3, (A)5, and (B)3; Article III Use and Design Standards,
Section 106-304.15(A) and Section 106-308; Article IV Development
Standards, Section 106-402.25 and Section 106-406.27; and Article VI
Definitions and Use Types, Section 106-600 of the CODE OF THE CITY OF
SALEM, VIRGINIA
WHEREAS, staff noted the following: these changes relate to single family
2
dwelling use and design standards, administrative services, Downtown Business District
setback requirements, corner lots, office use types (use and design standards),
automotive repair services major use and design standards, requirements for exterior
storage, and refuse disposal, and modular housing and permanent foundation
definitions; and
WHEREAS, Mary Ellen Wines discussed the zoning ordinance amendments and
noted that staff is requesting to remove Section 106-210.2(A)4 Financial Institutions
from the Use and Design Standards and also Section 106-210.3(E) Other Requirements
from consideration this evening; and
WHEREAS, a full and lengthy discussion was held regarding amending Chapter 106,
Article II District Regulations, Section 106-200.2(A)2, Section 106-202.2(A)2, Section 106-
204.2(A)2, Section 106-208.2(A)2, (A)3, and B(3), Section 106-213.2(B)2, Section 106-
210.3(B)1, Section 106-214.2(A)3 and (B)3, Section 106-216.2(A)3, Section 106-218.2(A)3,
(A)5, and (B)3, Section 106-220.2(A)3, (A)5, and (B)3; Article III Use and Design Standards,
Section 106-304.15(A) and Section 106-308; Article IV Development Standards, Section
106-402.25 and Section 106-406.27; and Article VI Definitions and Use Types, Section 106-
600 of the CODE OF THE CITY OF SALEM, VIRGINIA.
In re: Hold public hearing to consider amending Chapter 66, Article I In General,
Sections 66-5(A) and (B); and Article IV Permitted Signs by Use and
District, Sections 66-103(B) and 66-105(A) of the CODE OF THE CITY OF
SALEM, VIRGINIA pertaining to signs.
WHEREAS, staff noted the following: these changes include updates to various
sections of the Sign Ordinance relating to enforcement, nonconforming signs, corner lot
street frontage calculations and calculations for multi-tenant buildings; and
WHEREAS, Mary Ellen Wines discussed the proposed sign ordinance amendments;
and
WHEREAS, a full and lengthy discussion was held regarding amending Chapter 66,
Article I In General, Sections 66-5(A) and (B); and Article IV Permitted Signs by Use and
District, Sections 66-103(B) and 66-105(A) of the CODE OF THE CITY OF SALEM, VIRGINIA.
3
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 6:59 p.m.
_____________________________
Executive Secretary
________________________
Chair
CITY OF SALEM ITEM 3A
PLANNING COMMISSION
STAFF REPORT
Prepared by:
City Administrative Staff
Meeting Date:
April 11, 2018
Report prepared:
April 3, 2018
RE: Consider the request of W. G. Crotts, property owner, for the issuance of a Special
Exception Permit to allow Automobile Repair Services, Major on the properties located at 414
8th Street, (Tax Map # 185 - 7 - 3) and 1005 Delaware Street, (Tax Map # 185-7-3.1).
SITE CHARACTERISTICS:
Zoning: HBD Highway Business District
Land Use Plan Designation: Commercial
Existing Use: Restaurant (Catering) and Vacant
Proposed Use: Restaurant (Catering) and Automobile Repair Services, Major
BACKGROUND INFORMATION:
The subject properties consist of two parcels containing approximately 0.344 acres, located at
the southwest corner of 8th Street and Delaware Street, east of College Avenue. 414 8th Street
is occupied by a two-story building currently housing a catering business. 1005 Delaware
Street is a vacant lot.
This request is to allow Automobile Repair Services, Major in a new building on the combined
parcels. If granted, this new building would be constructed to the east of the existing one and
would allow the expansion of business operations from 404 8th Street, their current location.
ISSUES:
None.
ALTERNATIVES:
1)Recommend approval of the Special Exception Permit to City Council as submitted.
2)Recommend approval of the request with conditions not yet received.
3)Recommend denial of the request.
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
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0.172 Ac.0.172 Ac.
0.430 Ac.
0.172 Ac.
0.430 Ac.
0.172 Ac.
0.301 Ac.
1.377 Ac.(c)0.138 Ac.
0.206 Ac.
0.215 Ac.
0.258 Ac.
0.172 Ac.0.172 Ac.
0 120 24060
Feet±1 inch = 125 feet
April 2018 PLANNING COMMISSION414 8th Street and 1005 Delaware Street
CITY OF SALEM
Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032
Tax Parcels 185-7-3 and 187-7-3.1 Buildings Parcels City Limits
Commercial
Downtown
Economic Development Area
Industrial
Institutional
Mixed Use
Public Parks and Recreational
Residential
Transitional
Tax Parcels 185-7-3 and 187-7-3.1 Buildings Parcels City Limits
MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip
185-7-2 1006 TENNESSEE ST ECOPROPERTIES LLC 10992 RICHARDSON RD ASHLAND, VA 23005
185-7-3.1 1005 DELAWARE ST WENDELL GREGORY CROTTS 414 8TH STREET SALEM, VA 24153
185-7-4 1009 DELAWARE ST M & S PROPERTIES LLC 1009 DELAWARE ST SALEM, VA 24153-6341
185-6-1 502 8TH ST JAMES C HIGHBERGER 1840 TUCKER LN SALEM, VA 24153
185-11-13 413 8TH ST BARKER PROPERTIES INC P O BOX 813 SALEM, VA 24153
185-11-12 929 DELAWARE ST BROWN PROPERTIES LLC 300 9TH ST SALEM, VA 24153
185-5-7 501 8TH ST RICHARD L CONNER FREDA M CONNER 6541 NEWPORT RD CATAWBA, VA 24070
185-11-6 401 8TH ST MARY C CROTTS 926 E RIVERSIDE DR SALEM, VA 24153
185-6-2 1012 DELAWARE ST JAMES C HIGHBERGER 1840 TUCKER LN SALEM, VA 24153
CITY OF SALEM ITEM 3B
PLANNING COMMISSION
STAFF REPORT
Prepared by: Meeting Date:
City Administrative Staff April 11, 2018
Report prepared:
April 2, 2018
RE: Hold public hearing to consider enacting Chapter 106, Zoning, Article
II District Regulations, Section 106-210.3(E), and Article III Use and
Design Standards, Section 106-306.7 of the CODE OF THE CITY OF SALEM,
VIRGINIA. These changes relate to Downtown administrative services and
drive-through facilities
BACKGROUND INFORMATION:
Staff continually reviews the Zoning Ordinance for its current
applicability. Topics of discussion have arisen due to the progression
of the Downtown Plan and the redevelopment of the downtown area.
Adjustments are necessary to encourage the type of development the
community has requested. The proposed changes will add use and design
standards to administrative services in the Downtown District,
restricting them to above the ground floor on parts of Main Street,
College Avenue, and North Market Street. The proposed changes will also
prevent drive-throughs downtown except for financial institutions with
access from side or rear streets.
SUMMARY OF PROPOSED CHANGES:
ARTICLE II DISTRICT REGULATIONS
SECTION 106-210 DOWNTOWN BUSINESS DISTRICT:
Sec. 106-210.2. - Permitted uses. (B)(3) Civic Use Types, Administrative
Services*. (The asterisk has been added to denote Use and Design
Standards in Section 106-306.7)
Sec. 106-210.3. – Site Development regulations. (E) Other requirements.
Drive-through facilities
ARTICLE III. - USE AND DESIGN STANDARDS
SECTION 106-306 CIVIC USES:
Sec. 106-306.7. – Administrative Services
Chapter 106 – ZONING
ARTICLE II. – DISTRICT REGULATIONS
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.
(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.
3. Civic Use Types
Administrative Services*
Correction Facilities
Crises Center
Cultural Services
Educational Facilities, Primary/Secondary
Halfway House
Public Assembly
Public Maintenance and Service Facilities
Sec. 106-210.3. - Site development regulations.
The following are general development standards for the DBD
Downtown Business District. For additional, modified or more
stringent standards see article III, use and design standards.
(E) Other Requirements.
Drive-through facilities in which a person, who remains in a
motor vehicle, conducts business or exchanges through a window
or exterior opening in a structure are allowed for financial
institutions only in the rear yard with access from the side or
rear street.
ARTICLE III. – USE AND DESIGN STANDARDS
(A) The standards contained in Article II District Regulations
shall apply to all of the following use types, unless
specifically modified and/or superceded by the use and
design standards in this article.
(B) The standards listed as general standards shall apply in
all zoning districts in which the use type is permitted,
either by right or by-special use.
(C) Where a specific zoning district is indicated, the use and
design standards listed in this article shall apply to that
zoning district, and shall be in addition to any general
standard for that use.
Sec. 106-306. – Civic Uses
Sec. 106-306.7 – Administrative Services
Standards in the DBD District for Administrative Services:
1. Administrative Services shall be permitted only on floors
above the ground floor and in the same structure as a
commercial use type for parcels fronting (a)Main Street
between Thompson Memorial Drive and Academy Street;
(b)College Avenue between Clay Street and Thompson
Memorial Drive; and (c)North Market Street.
2. Commercial Use Types must occupy at least the first floor
of the structure, and should be configured to be
pedestrian friendly.