HomeMy WebLinkAbout6/14/2017 - Planning Commission - Minutes - RegularPlanni ng Commission Meeting
M INUTES
Wednesday, June 14, 2017, 7:00 P M
Council Chambers, C ity Hall, 114 North B road Street, Salem, Virginia 24153
1.C all to Order
A regular meeting of the Planning C ommission of the C ity of Salem, Virginia, was
held in C ouncil C hambers, C ity Hall, 114 N. Broad Street, at 7:00 P M, there being
present the following members to wit: Vicki G. Daulton, D enise P. King, Reid A.
G arst II, N. J ackson Beamer, and Samuel R. C arter (absent); with Vicki G.
D aulton, C hair, presiding; together with J ames E. Taliaferro, Assistant C ity
Manager and Executive Secretary, William L. Simpson, C ity Engineer; Benjamin
W. Tripp, C ity Planner; Mary Ellen Wines, Zoning Administrator; and William C .
Maxwell, Assistant C ity Attorney.
2.C onsent Agenda
A.Minutes of Work Session
C onsider approval of the minutes from the May 10, 2017, work session.
J ackson Beamer motioned to approve the minutes of the May 10, 2017, work
session. Reid Garst seconded the motion.
Ayes: Beamer, Daulton, Garst, King
A bsent: C arter
B.Minutes of Regular Meeting
C onsider approval of the minutes from the May 10, 2017, regular meeting.
C ommissioner King noted that she had two corrections to the regular meeting
minutes. First, the Commission had appointed an Executive Secretary Pro Tem,
Ben Tripp, which was not included and on the Special Exception Permit request of
Laura and Robert Owen and Mount Regis Center, lessee, she made the motion and
it was seconded by J ackson Beamer. T he second was not recorded in the
minutes. Denise King motioned to approve the regular meeting minutes of May 10,
2017, as amended. Reid Garst seconded the motion.
Ayes: Beamer, Daulton, Garst, King
A bsent: C arter
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3.New Business
A.Amendment to the City Code
Hold public hearing to consider amending C hapter 106 Zoning, Article II District
Regulations, Section 106-218(B)(5) Light Manufacturing District, C ommercial
Uses and Section 106-220(B)(5) Heavy Manufacturing D istrict, Commercial Uses,
and A rticle III Use and Design Standards, Section 106-310.19 C ommercial Uses,
pertaining to microbreweries.
T he Executive Secretary reported that notice of such hearing had been published in
the J une 1 and 8, 2017, issues of the Salem Times Register.
Staff noted the following regarding the request: the zoning ordinance distinguishes
between “Brewery” and “Microbrewery” by where the beer that is produced is
primarily consumed, with the difference being that beer from a brewery is primarily
for distribution, whereas with a microbrewery it is mostly sold or consumed onsite.
A s the craft beer industry has grown the city has received interest from several
companies who would like to operate such an establishment in an industrial area,
but who would be classified under city code as microbreweries. T his item will add
the Microbrewery use to the Light Manufacturing and Heavy Manufacturing zoning
districts by Special Exception Permit in order to allow these requests to be
considered in the future.
Mr. Tripp noted that the zoning ordinance amendments presented this evening will
add the "microbrewery" use to the LM Light Manufacturing and HM Heavy
Manufacturing districts so that these may be considered in the future by Special
Exception permit by the Commission and City C ouncil.
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.
Reid G arst motioned to recommend to the Council of the C ity of Salem that
C hapter 106 Zoning, Article II D istrict Regulations, Section 106-218(B)(5) Light
Manufacturing District, Commercial Uses and Section 106-220(B)(5) Heavy
Manufacturing District, Commercial Uses, and Article III Use and Design
Standards, Section 106-310.19 C ommercial Uses, pertaining to microbreweries be
amended as presented. J ackson Beamer seconded the motion.
Ayes: Beamer, Daulton, Garst, King
A bsent: C arter
B.Amendment to the Zoning Ordinance
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Hold public hearing to consider the request of J oseph M. Sullivan, property owner,
for rezoning the property located at 124 Fort Lewis Boulevard, (Tax Map # 137-5-7
and 137-5-6) from HBD Highway Business District to RS F Residential Single
Family.
T he Executive Secretary noted that Items B & C are very similar and pertain to the
same property. He asked the C ommissioners if they would like him to read them
together. C hair Daulton asked if they would need to vote on each item separately,
and Mr. Maxwell noted that they could be read together and have the hearing
together but there should be a separate motion for each item.
T he Executive Secretary reported that notice of such hearings had been published in
the J une 1 and J une 8, 2017, issues of the Salem Times Register and adjacent
property owners were notified by letter mailed May 31, 2017.
Staff noted the following regarding the rezoning request: the subject property
consists of two parcels on the west side of Fort Lewis Boulevard, north of the
intersection with West Main Street. T he southernmost property, 124 Fort Lewis
Boulevard (137-5- 7) is approximately 0.4 acres, and is occupied by a single family
residence and an associated garage. T he other property (137-5-6) is approximately
0.5 acres and is currently vacant. T he owner wishes to rezone the property to RSF
Residential Single Family in order to make the residential use conforming, and to
allow for the construction of a 1,200 square foot garage behind the existing garage
on 137-5-7. In addition, accessory structures larger than 1,000 square feet require a
Special Exception Permit. Item C is the request for the issuance of this permit.
Staff also noted the following regarding the Special Exception Permit request: the
subject property consists of a single parcel located on the west side of Fort Lewis
Boulevard, north of the intersection with West Main Street. It is approximately 0.4
acres, and is occupied by a single family residence and an associated garage. T he
owner wishes to construct a 1,200 square foot garage behind the existing garage.
A ccessory structures larger than 1,000 square feet require a Special Exception
Permit.
J oseph Sullivan of 2824 West C lub Drive, property owner, appeared before the
C ommission explaining the rezoning and Special Exception Permit requests.
C ommissioner King asked if this would be rental property. Mr. Sullivan noted that
he would be moving into this residence. He noted the property on West C lub Drive
is a family estate that will be going on the market soon.
C hair Daulton noted that there is already a garage on the property. She asked if he
had quite a few cars which need to be garaged. Mr. Sullivan noted that he has nine
motor vehicles and one trailer to haul motor vehicles, seven of which are antiques. It
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was noted that this is a hobby or a collection of cars. C hair Daulton asked if this
would be a three or four stall garage. Mr. Sullivan noted that he is actually just
planning one door for access. T he size is just to allow storage and also an area to
do repairs and restorations. Mrs. Daulton asked if the restoration is just for personal
use and not a business? Mr. Sullivan noted that this was correct.
C hair Daulton noted that this is a public hearing and she asked if anyone would like
to speak regarding this request. T here was no response and the public hearing was
closed.
D enise King motioned to recommend to the C ouncil of the C ity of Salem that the
request of J oseph M. Sullivan, property owner, for rezoning the property located at
124 Fort Lewis Boulevard, (Tax Map # 137-5-7 and 137-5-6) from HBD Highway
Business District to RS F Residential Single Family be approved. J ackson Beamer
seconded the motion.
Ayes: Beamer, Daulton, Garst, King
A bsent: C arter
C .Special E xception P ermit
Hold public hearing to consider the request of J oseph M. Sullivan, property owner,
for the issuance of a Special Exception Permit to allow a new 1200 sq ft accessory
building on the property located at 124 Fort Lewis Boulevard, (Tax Map # 137-5-
7).
Reid G arst motioned to recommend to the Council of the C ity of Salem that the
request of J oseph M. Sullivan, property owner, for the issuance of a Special
Exception Permit to allow a new 1,200 square foot accessory building on the
property located at 124 Fort Lewis Boulevard (Tax Map # 137-5-7) be approved
subject to the approval of the rezoning request. J ackson Beamer seconded the
motion.
Ayes: Beamer, Daulton, Garst, King
A bsent: C arter
D.Amendment to the Zoning Ordinance
Hold public hearing to consider the request of Lance B. & Debra M. Duncan,
Tarpley Graham, LLC , J ustin I. & Andrea N. Boles, Darrell R. & Kirsten K.
Printz, Kendall S. & Renae A . Keffer, BG G T, LLC , Daniel I. & Helene M. Shain,
D avid B. & C arolyn F. Bullington, Bradley M. & Elizabeth T. Graham, property
owners, for rezoning 13 parcels located at 693, 700, 701, 705, 709, 713, 717, 721,
725, 729 and 733 Ambler Lane (Tax Map #s 271-1-1.1, 271-1-1.2, 271-1-1.3, 271-
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1-1.4, 271-1-1.5, 271-1-1.6, 271-1-2.1, 271-1-2.2, 271-1-2.3, 271-1-2.4, 271-1-
2.5, 271-1-3, 271-1-1, and 290-1-1) from P UD Planned Unit District with
conditions to PUD Planned Unit District with amended conditions.
T he Executive Secretary reported that notice of such hearings had been published in
the J une 1 and J une 8, 2017, issues of the Salem Times Register and adjacent
property owners were notified by letter mailed May 31, 2017.
Staff noted the following regarding the request: the subject property consists of 13
parcels in the Heritage Downs Planned Unit Development located along Ambler
Lane, a private road, west of the intersection with Franklin Street. T he owner is
requesting to increase the maximum number of residential lots from 19 to 20, and to
decrease the minimum lot size to 0.55 acres in order to better fit the houses on the
lots. T he owner has also voluntarily proffered to dedicate additional right-of-way
for Franklin Street for road widening or the construction of a future walking path or
greenway. T his P UD is governed by a master plan and various conditions. All of
those conditions will remain in place, with the only ones being modified by this
request being the maximum number of lots and the minimum lot size. Any
development will have to be in substantial conformance with the approved master
plan.
Brad Graham of Tarpley Graham, LLC , property owner and developer, appeared
before the C ommission explaining the proposed rezoning request.
C ommissioner King noted that the C ommission is being asked to amend the
conditions to allow a maximum of 20 lots with a minimum lot size of 0.55 acres.
Mr. G raham noted that the minimum lot size should be 0.75 acres per lot. Mr.
G raham noted that it must be a typo. Mrs. King noted that the minimum is 0.75, is
that correct? Mr. Graham noted that this is correct.
Mr. Tripp stated in the letter from Balzer & Associates it states 0.55 acres. He
asked should it be 0.55 or 0.75. Mr. Graham noted that it should be 0.75 acres.
Mr. Tripp noted that it is also on the master plan. Mr. G raham noted that this is also
incorrect.
C ommissioner Garst noted that he was looking at the master plan and some of them
are smaller than the 0.75 acres. Lots 14 and 15 are 0.58 acres and do not meet the
criteria. Mr. Graham noted that was not his intention.
C hair Daulton asked if he would feel more comfortable tabling the request until the
next meeting so he could get this corrected. Mr. Graham noted that he was not sure.
T here was further discussion regarding the lot sizes. Mr. Graham stated it was never
his intention to go under the 0.75 acres and he is not sure if this is a
miscommunication between his company and Balzer.
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Mr. Tripp asked if he would like to ask for 0.55 acres or would he prefer to
continue the request for now. Mr. Graham asked if there is a way we can get
through the meeting by saying they are just asking for one additional lot. Mr.
G raham noted that the difference should come from the lots and not from the open
space.
T here was additional discussion regarding the number of lots, lot sizes and the
amount of open space. Mr. Graham asked if we could approve the additional lot but
not change the 0.75 acre minimum or the amount of open space. T hen it would be
up to them to go back to Balzer & Associates to get them to correct the map and
submit it to the Engineering D epartment for them to confirm that it meets the
requirements.
C hair Daulton asked would this be in conformance, if it were handled in this
manner. Mr. Maxwell noted that one question is whether we have consistently
advertised it and typically the rule is if we are going to a less intensive use in zoning
matters then it is covered within the more intensive use in the advertisement. So if
we are proposing to go from 0.55 acres to 0.75 acres then it would be a less
intensive use, but it is a little troublesome when we have an application for one
thing and then we are coming up with something else here at the meeting. He noted
that he thought the item needs to be tabled and continued to the next meeting.
T he Executive Secretary asked if the C ommission would motion to continue the
public hearing to the J uly meeting, and it was noted that this would be acceptable.
J ackson Beamer motioned to continue the request of Lance B. & Debra M.
D uncan, Tarpley Graham, LLC , J ustin I. & Andrea N. Boles, Darrell R. & Kirsten
K. Printz, Kendall S. & Renae A . Keffer, BG G T, LLC , Daniel I. & Helene M.
Shain, David B. & C arolyn F. Bullington, Bradley M. & Elizabeth T. Graham,
property owners, for rezoning 13 parcels located at 693, 700, 701, 705, 709, 713,
717, 721, 725, 729 and 733 Ambler Lane (Tax Map #s 271-1-1.1, 271-1-1.2, 271-1-
1.3, 271-1-1.4, 271-1-1.5, 271-1-1.6, 271-1-2.1, 271-1-2.2, 271-1-2.3, 271-1-2.4,
271-1-2.5, 271-1-3, 271-1-1, and 290-1-1) from P UD Planned Unit District with
conditions to PUD Planned Unit District with amended conditions to the J uly 2017
meeting of the Planning C ommission. Denise King seconded the motion.
Ayes: Beamer, Daulton, Garst, King
A bsent: C arter
4.Adjournment
T he meeting was adjourned at 7:27 p.m.
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