HomeMy WebLinkAbout11/16/2016 - Planning Commission - Minutes - RegularAPPROVED MINUTES
PLANNING COMMISSION
November 16, 2016
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 November 16, 2016, there
being present the following members of said Commission, to wit: Vicki G. Daulton, Jimmy W.
Robertson, Samuel R. Carter, and Denise P. King (Bruce N. Thomasson – absent); with Vicki G.
Daulton, Chair, presiding; together with James E. Taliaferro, II, Assistant City Manager and
Executive Secretary, ex officio member of said Commission; Charles E. Van Allman, Jr., Director
of Community Development; Benjamin W. Tripp, City Planner; Mary Ellen Wines, Zoning
Administrator; and William C. Maxwell, Assistant City Attorney; and the following business was
transacted:
The October 12, 2016, work session and regular meeting minutes were approved as
written.
In re: Hold public hearing to consider the request of Salem Historical Society,
property owner, for rezoning the property located at 1936 West Main
Street (Tax Map # 138-2-7) from RSF Residential Single Family
District/HBD Highway Business District to HBD Highway Business District
with conditions
The Executive Secretary reported that this date and time had been set to hold a public
hearing to consider the request of Salem Historical Society, property owner, for rezoning the
property located at 1936 West Main Street (Tax Map #138-2-7) from RSF Residential Single
Family District/HBD Highway Business District to HBD Highway Business District with conditions;
and
WHEREAS, the Executive Secretary further reported that notice of such hearing had
been published in the November 3 and 10, 2016, issues of the Salem Times Register and
adjoining property owners were notified by letter mailed November 7, 2016; and
WHEREAS, staff noted the following: the subject property consists of one parcel of
about 9.331 located along the south side of West Main Street; the property is currently
occupied by the historic Preston House, a single family residence, and associated outbuildings;
the applicant is requesting a rezoning to HBD Highway Business District in order to allow a
restaurant and other incidental uses within the existing Preston House in a historic setting;
further, the applicant has voluntarily proffered that only the following uses be allowed on the
property:
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Civic Use Types
Administrative Services
Cultural Services
Office Use Types
General Offices
Commercial Use Types
Antique Shops
Assembly Hall
Homestay Inn
Micro-brewery (If allowed by the underlying zoning)
Restaurant
Retail Sales
Studio, Fine Arts
Miscellaneous Use Types
Mixed Use (if allowed by the underlying zoning)
Outdoor Gathering
ISSUES:
This property is located partially within various flood zones; in accordance with Section 106-400
of the Zoning Ordinance, a site plan will have to be prepared prior to any development on the
site; the applicant has expressed interest in the property being added to the list of properties
which will be rezoned to the new Community Business District, when and if that zone is added
to the Zoning Ordinance;
The Preston House is a listed structure on the National Register of Historic Places and the
Virginia Landmarks Register. As such, a historic easement exists on this property requiring
consultation with the Department of Historic Resources for any changes to the structure and
grounds; and
WHEREAS, Dave Robbins of 620 High Street, representing the Salem Historical Society,
appeared before the Commission explaining the rezoning request; he noted that he is Treasurer
of the organization and also a member of the Preston House Committee; he stated The Preston
House, circa 1821, was originally owned by Dr. Esther Brown, who lived in the residence, was a
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medical doctor who was quite well known in the community; Dr. Brown inherited the property
from her Mother, who inherited it from her father, Charles Preston, who he believes was a
deputy sheriff or maybe sheriff of Roanoke County; he noted that the house was built around
1820 and is on the U.S. National Register of Historic Places and the Virginia Landmarks Register
and is regulated by a historic preservation easement held by the Virginia Department of Historic
Resources; he further gave additional information on the history of the residence and property;
they are basically trying to preserve the house and in doing so, they feel they need to change it
from Residential Single Family to a use that is higher and more productive that will help them as
a Society to preserve the house and also hopefully to make money for the Society while also
opening it to the public; he stated they have added proffers with the request as they want to
limit what the residence can be used for; in addition, they are also requesting that the property
be considered for change if the Community Business District zoning is adopted; further, the
reason they are requesting this is so that if the proposed restaurant ceased to exist, they would
like it if someone had maybe an art gallery or an antique store, and they would want it so they
could have the business downstairs and live upstairs; he believes that would be permitted in
the Community Business District zoning; and
WHEREAS, Commissioner King asked Mr. Robbins if they were aware that the property
is highly restricted because of the historical easement; so as part of this request would they get
the necessary approvals from the Board of Historic resources to allow the changes because she
believes there would need to be some restoration work done to the property; Mr. Robbins
noted that they would and further, they will see members of the group out in the community
raising funds very quickly; he noted that the easement does not restrict so much the uses as
they actually had asked the same question previously; it does restrict what can be done to the
property as a whole; Mrs. King noted that she believes there is a letter from the Department of
Historic Resources somewhere that further explains the easement; Mr. Robbins noted that they
actually have several letters; he quoted from one of the letters: “the easement contains no
language restricting the uses that may be made of the house or the activities that may be
conducted within the house thus the uses listed retail, antique store, bed & breakfast, funeral
homes, travelers center operated by local government, Chamber of Commerce, attorneys’
office, CPA office, etc. is possible;” so the uses are not really restricted, but they will have to
submit a site plan; they could not really build anything else on the property, except that they
could construct a replacement for the dilapidated garage that is better looking, etc.; he further
discussed the residence and any proposed changes/repairs they would make to the property,
etc.; he also read another letter from the Department of Historic Resources with regards to
changes they could make to the historic property; Commissioner King noted that the
Commission just wanted to make sure before a lot of money was spent on the proposed use of
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the property that they had researched the restrictions on the historic easement; Mr. Robbins
noted that whether they do anything or not, they will have to restore the front part of the
residence; the main drawback might be the parking for the proposed business as the rest of the
restoration really needs to be done to the house; and
WHEREAS, Commissioner Robertson said with regards to the parking, has there been
any mention of limits on the amount of parking they could have; Mr. Robbins noted that they
are not aware of any limit on the parking; he stated that the proposed restaurant will be a
tearoom type of restaurant with occupancy of maybe 60 people maximum on a daily basis, and
at the most they will probably need approximately 15 spaces; he feels that the material of
driveway for parking may be the biggest hangup for the project; Mr. Robertson noted that if
they have an outside gathering, then he would think the crowd could be a little larger; Mr.
Robbins noted that this is correct, and they needed to, they could probably park vehicles across
the street; they added the “outdoor gathering” use in the event the Historic Society decided
they wanted to have a meeting outside with maybe 100 some people then they did want to run
into any issues; the proposed tenant may consider doing weddings as part of the business, and
in this particular case, he thinks that vehicles could be parked in the yard on a short-term basis;
and
WHEREAS, Commissioner King asked if the Society owned any property that is outside of
the historic easement, and Mr. Robbins noted that they did; he explained the area on the
property that is not included in the easement and improvements that might be needed if they
had to use this area for parking; and
WHEREAS, Chair Daulton asked how long the property has been on the Virginia
Landmarks Registry; Mr. Robbins noted that he thought it was 2004; Mrs. Daulton noted that
she thought the members of the Brown family were the ones to place the easement on the
property, and Mr. Robbins noted that Dr. Brown was still living on the property at the time; he
noted that Mike Pulice with the Department of Historic Resources is the one that actually wrote
it up for Dr. Brown; it was clarified that the date of the historic easement was 2006; and
WHEREAS, Chair Daulton asked how long has it been since someone lived in the house,
and Mr. Robbins noted maybe 2 to 2 ½ years; Mrs. Daulton noted so the family moved out after
the Society purchased the property; Mr. Robbins noted that one of the sons may have lived
there for a little while; and
WHEREAS, Commissioner Robertson asked if they planned to furnish the house along
the way or just leave it as open rooms; Mr. Robbins noted that the proposed tenant will have
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just tables, but they do not have all the details worked out as they were waiting on getting
approvals from the City before they sign the lease; he further discussed details about furnishing
of the house, items remaining in the home, etc.; and
WHEREAS, Commissioner King noted the request states that we are being asked to
rezone only one tax map parcel, but in looking at the plat, there are multiple tax map numbers;
she asked if all the parcels have been combined into one parcel, and Mr. Tripp noted that they
have been combined; and
WHEREAS, no other person(s) appeared related to said request;
ON MOTION MADE 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 the
request of Salem Historical Society, property owner, for rezoning the property located at 1936
West Main Street (Tax Map #138-2-7) from RSF Residential Single Family District/HBD Highway
Business District to HBD Highway Business District be approved with the following proffered
condition:
The use of the property will be limited to the following:
Civic Use Types
Administrative Services
Cultural Services
Office Use Types
General Offices
Commercial Use Types
Antique Shops
Assembly Hall
Homestay Inn
Micro-brewery (If allowed by the underlying zoning)
Restaurant
Retail Sales
Studio, Fine Arts
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Miscellaneous Use Types
Mixed Use (if allowed by the underlying zoning)
Outdoor Gathering
– – the roll call vote: all aye.
There being no further business to come before the Commission, the same on motion
adjourned at 7:23 p.m.