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HomeMy WebLinkAbout1/11/2017 - Planning Commission - Minutes - Regular APPROVED MINUTES PLANNING COMMISSION January 11, 2017 A regular meeting of the Planning Commission of the City of Salem, Virginia, was held in Council Chambers, City Hall, 114 North Broad Street, at 7:00 p.m., on January 11, 2017, there being present the following members of said Commission, to wit: Vicki G. Daulton, Jimmy W. Robertson, and Denise P. King (Bruce N. Thomasson and Samuel R. Carter – absent); with Vicki G. Daulton, Chair, presiding; together with Judy Hough, Deputy City Clerk; William L. Simpson, Jr., Assistant City Engineer; Benjamin W. Tripp, City Planner; Mary Ellen Wines, Zoning Administrator; and William C. Maxwell, Assistant City Attorney; and the following business was transacted: ON MOTION MADE BY COMMISSIONER ROBERTSON, AND SECONDED BY COMMISSIONER KING, AND DULY CARRIED, due to the absence of the Executive Secretary, Judy L. Hough is hereby appointed Executive Secretary Pro Tem for this meeting of the City of Salem Planning Commission by acclamation. The December 14, 2016, work session and regular meeting minutes were approved as written. In re: Hold public hearing to consider the request to rezone the following properties: 104 Electric Road (Tax Map #80-2-4) from RSF Residential Single Family to CBD Community Business District, 503 South College Avenue (Tax Map #145-7-5) from TBD Transitional Business District to CBD Community Business District, 507 South College Avenue (Tax Map #145-7-6) from TBD Transitional Business District to CBD Community Business District, One Front Avenue (Tax Map #234-5-2) from LM Light Manufacturing District to CBD Community Business District, 1516 King Street (Tax Map #234-5-3) from LM Light Manufacturing District to CBD Community Business District, and 917 South Colorado Street (Tax Map #184-4- 10) from HBD Highway Business District with condition to HBD Highway Business District with no condition. The Executive Secretary Pro Tem reported that this date and time had been set to hold a public hearing to consider the request to rezone the following properties: 104 Electric Road (Tax Map #80-2-4) from RSF Residential Single Family to CBD Community Business District, 503 South College Avenue (Tax Map #145-7-5) from TBD Transitional Business District to CBD Community Business District, 507 South College Avenue (Tax Map #145-7-6) from TBD Transitional Business District to CBD Community Business District, One Front Avenue (Tax Map #234-5-2) from LM Light Manufacturing District to CBD Community Business District, 1516 King Street (Tax Map #234-5-3) from LM Light Manufacturing District to CBD Community Business 2 District, and 917 South Colorado Street (Tax Map #184-4-10) from HBD Highway Business District with condition to HBD Highway Business District with no condition; and WHEREAS, the Executive Secretary Pro Tem further reported that notice of such hearing had been published in the December 29, 2016, and January 5, 2017, issues of the Salem Times Register, and property owners were notified by letters mailed December 29, 2016; and WHEREAS, staff noted the following: as part of the previous update to the Comprehensive Plan, it was determined that there was a need to rework the Transitional Business District (TBD) zoning so that it better fit its intended use of being in areas that downtown would expand into in the near future; it was also determined that a lighter commercial zone than Highway Business District (HBD) was needed; the result of these decisions was the creation of the Community Business District (CBD), which includes some of the less intensive commercial uses but also allows for the mixing in of residential uses; the intent of the CBD zoning is that it be applied in transitional areas, places that are often corridors on the edges between more intensive commercial zones and more residential zones; the properties that are being considered have requested rezoning to CBD, except for 917 South Colorado Street (Tax Map #184-4-10), which is requesting the removal of a condition requiring it to be a “beauty salon”; WHEREAS, Benjamin Tripp, City Planner, appeared before the Commission explaining the rezoning request; he noted that at the last meeting the Commission approved a new zoning map which included changes to the TBD Transitional Business District; many of those properties zoned TBD were rezoned to the new zoning designation, CBD Community Business District, and other properties were rezoned to RB Residential Business District as well as other designations; staff also had some requests from several property owners who wanted their properties rezoned to the CBD designation; all of these properties are proposed to be rezoned to CBD Community Business District with the exception of 917 South Colorado Street, which is requesting to have a condition removed that stated the property could only be used as a beauty salon; and WHEREAS, Shannon Richards of 104 Electric Road, property owner, appeared before the Commission in support of the requested rezoning; she noted that when she and her husband purchased their property it had dual zoning; at some point the property was rezoned to RSF Residential Single Family, and they would like to have it rezoned to the CBD Community Business District; and WHEREAS, no other person(s) appeared related to said request. ON MOTION MADE BY COMMISSIONER ROBERTSON, AND SECONDED BY COMMISSIONER KING, AND DULY CARRIED, the Planning Commission of the City of Salem doth 3 recommend to the Council of the City of Salem that the request to rezone the following properties: 104 Electric Road (Tax Map #80-2-4) from RSF Residential Single Family to CBD Community Business District, 503 South College Avenue (Tax Map #145-7-5) from TBD Transitional Business District to CBD Community Business District, 507 South College Avenue (Tax Map #145-7-6) from TBD Transitional Business District to CBD Community Business District, One Front Avenue (Tax Map #234-5-2) from LM Light Manufacturing District to CBD Community Business District, 1516 King Street (Tax Map #234-5-3) from LM Light Manufacturing District to CBD Community Business District, and 917 South Colorado Street (Tax Map #184-4-10) from HBD Highway Business District with condition to HBD Highway Business District with no condition be approved – – the roll call vote: all present - aye. In re: Hold public hearing to consider amending Chapter 106, Article II District Regulations, Section 106-212(A)(7), Article III Use and Design Standards, Section 106-314.2(C)&(E), Article IV Development Standards, Section 106- 402.7(D)&(E) and 106-404.1(A) pertaining to miscellaneous uses, buffer yards, screening & landscaping, and off-street parking requirements WHEREAS, the Executive Secretary Pro Tem reported that this date and time had been set to hold a public hearing to consider amending Chapter 106, Article II District Regulations, Section 106-212(A)(7), Article III Use and Design Standards, Section 106-314.2(C)&(E), Article IV Development Standards, Section 106-402.7(D)&(E) and 106-404.1(A) pertaining to miscellaneous uses, buffer yards, screening & landscaping, and off-street parking requirements; and WHEREAS, the Executive Secretary Pro Tem further reported that notice of such hearing had been published in the December 29, 2016, and January 5, 2017, issues of the Salem Times Register; and WHEREAS, staff noted the following: this item contains various updates to the Mixed Use regulations in Downtown Business District (DBD), adds Mixed Use to Transitional Business District (TBD), and revises the parking standards in DBD and TBD to be more versatile. PROPOSED CHANGES: 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 7. Miscellaneous Use Types Mixed Use* 4 Utility Service, Minor Sec. 106-314.2. - Mixed use. C. Standards in the DBD District: 1. Residential uses shall be allowed only in the same structure as an office or commercial use type. Common entrances are encouraged. 2. The office or commercial use type must occupy at least the first floor of the structure, except as allowed by the following: a. Educational facilities, college/university as allowed by Section 106-306.5, Standards in the DBD District. b. Residential uses may be included on the ground floor by special exception permit, in accordance with Section 106-524 subject to the following requirements: i. Areas of first floor building frontage, which historically contained publicly accessible commercial space, shall remain commercial. These areas shall be determined by the administrator, in consultation with the Department of Historic Resources and various other entities but shall generally not be required to exceed 50 feet of depth from the street. 3. All development should be configured so as to be pedestrian friendly. 4. New construction or construction involving the demolition of existing buildings shall be of scale and construction materials so as to be appropriate with existing surrounding buildings. Materials and types of construction that should be given consideration include, but are not limited to: a. Brick facades; b. Cornices, parapets, molding, lintels and other externally visible decorations; c. Roof lines; d. Windows. 5. A homeowner's/property owner's association shall be created for each mixed use structure development. The association shall be responsible for the perpetual maintenance of the property and any open space or common areas within the development. E. Standards in the TBD District: 1. Residential uses shall be allowed only in the same structure as an office or commercial use type. Common entrances are encouraged. 2. The office or commercial use type must occupy at least the first floor of the structure, except as allowed by the following: a. Educational facilities, college/university as allowed by Section 106-306.5, Standards in the DBD District. b. Residential uses may be included on the ground floor by special exception permit, in accordance with Section 106-524 subject to the following requirements: 5 i. Areas of first floor building frontage, which historically contained publicly accessible commercial space, shall remain commercial. These areas shall be determined by the administrator, in consultation with the Department of Historic Resources and various other entities, but shall generally not be required to exceed 50 feet of depth from the street. 3. All development should be configured so as to be pedestrian friendly. 4. New construction or construction involving the demolition of existing buildings shall be of scale and construction materials so as to be appropriate with existing surrounding buildings. Materials and types of construction that should be given consideration include, but are not limited to: a. Brick facades; b. Cornices, parapets, molding, lintels and other externally visible decorations; c. Roof lines; d. Windows. 5. A homeowner's/property owner's association shall be created for each mixed use structure development. The association shall be responsible for the perpetual maintenance of the property and any open space or common areas within the development. Sec. 106-402.7. - Perimeter landscaping standards for parking lots. (D) Standards in the DBD District 1. Any new parking area shall conform to 106-402.7 (A-C). 2. When a reconfigured parking area is required or proposed adjacent to a public street right-of-way, a landscaped planting strip shall be established between the parking area and the adjacent street right-of-way. This required landscaped planting strip shall have a minimum width of four feet. 3. The required landscaped planting strip shall be planted with a combination of trees and shrubs. One tree shall be planted for every 25 linear feet of landscaped area. 4. Landscaped endcaps shall be installed between rows of parking and adjacent street rights-of-way. 5. Other types of screening may be allowed at the discretion of the administrator. (E) Standards in the TBD District 1. Any new parking area shall conform to 106-402.7 (A-C). 2. When a reconfigured parking area is required or proposed adjacent to a public street right-of-way, a landscaped planting strip shall be established between the parking area and the adjacent street right-of-way. This required landscaped planting strip shall have a minimum width of four feet. 3. The required landscaped planting strip shall be planted with a combination of trees and shrubs. One tree shall be planted for every 25 linear feet of landscaped area. 4. Landscaped endcaps shall be installed between rows of parking and adjacent street rights-of-way. 5. Other types of screening may be allowed at the discretion of the administrator. 6 Sec. 106-404.1. - Applicability. A) These provisions shall apply equally for all use types listed in this section, except for those use types located within the DBD Downtown Business District and the TBD Transitional Business District. No minimum parking shall be required for any use type within DBD and TBD. However, if parking is provided for any use type in the DBD and the TBD, it shall be constructed to the standards contained herein as well as applicable standards contained in section 106-402 Buffer Yards, Screening and Landscaping except that parking areas designated for private use of residents may utilize compact size parking stalls; and WHEREAS, Ben Tripp, City Planner, appeared before the Commission explaining the proposed zoning ordinance amendments; he noted that there were a few corrections to the information that the Commission received in their packets; he explained the changes, first, in Section 106-314.2 (C) 2 b, the wording is proposed to read “Residential uses may be included on the ground floor at the discretion of the administrator, with consideration of historical and architectural features, requirements of the Department of Historic Resources, original historic commercial space layout, and other qualifying factors”; second, in Section 106-314.2 (E) 2, “a” will be deleted and “b” will become “a” and the wording is proposed to read the same as (C) 2 b; and he also noted a couple of typographical errors that need correcting; and WHEREAS, no other person(s) appeared related to said request. ON MOTION MADE BY COMMISSIONER KING, SECONDED BY COMMISSIONER ROBERTSON, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend to the Council of the City of Salem that Chapter 106, Article II District Regulations, Section 106-212(A)(7), Article III Use and Design Standards, Section 106-314.2(C)&(E), Article IV Development Standards, Section 106-402.7(D)&(E) and 106-404.1(A) pertaining to miscellaneous uses, buffer yards, screening & landscaping, and off-street parking requirements be amended as follows: SEE ATTACHMENT A – the roll call vote: all present – aye. In re: Hold public hearing to consider abolishing and reordaining Chapter 66, Signs, of THE CODE OF THE CITY OF SALEM, VIRGINIA WHEREAS, the Executive Secretary Pro Tem reported that this date and time had been set to hold a public hearing to consider abolishing and reordaining Chapter 66, Signs, of THE CODE OF THE CITY OF SALEM, VIRGINIA; and 7 WHEREAS, the Executive Secretary Pro Tem further reported that notice of such hearing had been published in the December 29, 2016, and January 5, 2017, issues of the Salem Times Register; and WHEREAS, staff noted the following: the existing sign ordinance was adopted in 1988 and needs to be modernized for several reasons; technology has changed, and although some amendments to the existing ordinance have been adopted, it is not specific enough to support the various types of signage that have been developed; secondly, the creation of the Downtown Plan resulted in direction from the public as to how signage affects the character of our downtown; these improvements have been incorporated as well; and this update also includes various housekeeping changes, and the entire wording and layout of the ordinance has been reorganized to be more user friendly and understandable; SUMMARY OF PROPOSED CHANGES: The proposed sign ordinance includes but is not limited to the following: A. Addition of the following new sections: 1. 66-13 – Landmark Signs 2. 66-83 – Glare Control 3. 66-85 – Brightness 4. 66-105 (B) – Illumination Types 5. 66-105 (C) – Additional Standards for Downtown Business District 6. 66-105 (D) – Standards for Greenway Signage B. Addition of the following sign types, Section 66-105 (A): 1. Drone signs 2. Manual Changeable Copy signs 3. Mechanical Movement and Revolving signs 4. Window signs C. Amendments to the following sections: 1. 66-105 (A) Sign types, Monument signs 2. 66-107 Prohibited signs 3. 66-151 Definitions; and WHEREAS, Mary Ellen Wines, Zoning Administrator, appeared before the Commission explaining the proposed code amendments; she noted the request in front of the group is the proposed Chapter 66 of the Code of the City of Salem better known as the sign ordinance; as you are well aware through various work sessions and discussions as to the purpose of a new ordinance, please allow me to take a few minutes for the audience and the formal record; as a result of the creation of the Downtown Plan, city staff became quickly aware that our community wanted a more vibrant and historic look for our downtown; in reviving such character it became apparent that the current ordinance not only does not encourage such signs, it actually prohibits them; signs such as projecting signs, like West Salem Auto Body, 8 neon such as around Mac N Bob’s, and signs incorporated within awnings, canopies, and marquees are strictly prohibited; once staff began researching the needed amendments to facilitate the downtown plan it became apparent that other changes were necessary as well; the U. S. Supreme Court Case Reed vs. Town of Gilbert in 2015 has had localities across the nation rewriting their ordinances to remove content based sign regulation; technological advances have surpassed the limits of the current ordinance as well; and finally, staff requested a reformatted ordinance that is more user friendly; an open house was held January 5, 2017, right here in Council Chambers to allow citizens and sign companies the opportunity to give comment; I will not take the time to explain every proposed change, however, there are some important amendments and additions that should be noted; the addition of Landmark Signs that at your discretion, will allow the preservation or construction of signs that do not advertise an existing bona fide business but which may be of significant civic, historic, or cultural interest; the addition of Glare and Brightness regulations; these will be used to protect neighboring properties and protect the community’s safety and welfare by controlling distractions; the addition of Illumination types, such as external, internal, halo, and neon lighting; the addition of supplementary standards for Downtown, that will allow additional signage that encroach onto the city sidewalks, such as projecting signs; the addition of regulations of Greenway signage to protect the natural environment of our greenways; and the addition of new sign types such as drone signs, manual changeable copy signs, mechanical movement signs, and window signs; finally, there are a few amendments to the existing regulations of monument signs, prohibited signs, and of course the definition section; staff has tried to be all-inclusive, however, an ordinance such as this is ever changing; if passed and implemented, there will be unanticipated situations that will arise and require future amendments; and so the Commission can expect to see this item return in the future; and WHEREAS, no other person(s) appeared related to said request. ON MOTION MADE BY COMMISSIONER KING, SECONDED BY COMMISSIONER ROBERTSON, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommend to the Council of the City of Salem that Chapter 66, Signs, of THE CODE OF THE CITY OF SALEM, VIRGINIA be abolished and reordained as follows: SEE ATTACHMENT B – the roll call vote: all present – aye. WHEREAS, Commissioner Robertson noted that this would be his last meeting on the Planning Commission; he has enjoyed the time he has been on the Commission and has learned quite a lot over the years; he is going to miss everyone; however, he looks forward to seeing things progress in the City and especially in the downtown area; Chair Daulton thanked Mr. Robertson for his service, saying he had been an asset; and further, she wished him well. 9 There being no further business to come before the Commission, the same on motion adjourned at 7:17 p.m.