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HomeMy WebLinkAbout3/12/2014 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION March 12, 2014 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 March 12, 2014, there being present all the members of said Commission, to wit: Vicki G. Daulton, Bruce N. Thomasson, Jimmy W. Robertson, Samuel R. Carter, III, and Denise P. King; with Vicki G. Daulton, Chair, presiding; together with James E. Taliaferro, II, Assistant City Manager and Executive Secretary, ex officio member of said Commission; Melinda J. Payne, Director of Planning and Development; William L. Simpson, Jr., Assistant City Engineer; Benjamin W. Tripp, Planner; Judy L. Hough, Planner; Mary Ellen Wines, Deputy Zoning Administrator/Secretary; and William C. Maxwell, Assistant City Attorney; and the following business was transacted: ON MOTION MADE BY VICE CHAIR THOMASSON, SECONDED BY COMMISSIONER CARTER AND DULY CARRIED, the minutes of the regular meeting and work session held on February 17, 2014, were approved as written – the roll call vote: all aye. In re: Hold a public hearing to consider the request of City of Salem, contract purchaser, and TANN Investments, LLC, and John D. Kelly, property owners, for the issuance of a Use Not Provided for Permit to allow academy housing units for Cardinal Criminal Justice Academy on the property located at 912 Central Avenue (Tax Map #182-2-5). The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of City of Salem, contract purchaser, and TANN Investments, LLC, and John D. Kelly, property owners, for the issuance of a Use Not Provided for Permit to allow academy housing units for Cardinal Criminal Justice Academy on the property located at 912 Central Avenue (Tax Map #182-2-5); and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the February 26, and March 5, 2014, issues of The Roanoke Times, and adjoining property owners were notified by letter mailed February 28, 2014; and WHEREAS, staff noted the following: the subject property consists of one parcel approximately 130 feet long and 50 feet wide; it is located north of Mulberry Street and is on the west side of Central Avenue just across the street from the Cardinal Criminal Justice Academy; the property is currently occupied by a single family dwelling; the request is for a Use Not Provided for Permit to allow academy housing units for the Cardinal Criminal Justice Academy located at 917 Central Avenue; Cardinal Academy is a regional police training 2 academy that serves 36 agencies in this area responsible for a little over 1300 officers that serve those agencies; the purpose of the Academy is to provide entry-level, in-service and specialized training to law enforcement, jailor, courtroom security, civil process and dispatcher personnel employed by member agencies; several of the member agencies have a 1.5- to 2- hour commute each way when attending training; the dwelling would be used to house 8 to 12 students from Sunday through Thursday, thereby relieving some of the hardship on these member agencies; and in addition, the Academy would have a policy that would strictly regulate the students’ activities while staying in the residence; and WHEREAS, Anita Foster of 902 Central Avenue and Ruth Bates of 904 Central Avenue were in attendance at the meeting; Ms. Foster noted they want to know what the request will involve; and WHEREAS, Melinda Payne noted that the Cardinal Criminal Justice Academy is looking for housing for the students who are trained at the Academy; this house would provide housing for the people who come there because many of them have long distances to commute, and this would give them a place to stay during their training period; the Academy is hoping to convert the dwelling into a campus-style house for lodging; she further noted that Chief Jeff Dudley was in attendance and might want to comment; and WHEREAS, Chief Jeff Dudley of the Salem Police Department appeared before the Commission noting that Ms. Payne was correct; he noted that the Academy serves 36 agencies across this area and some of those agencies are as far away as Alleghany, Covington, Lexington, and the Eastern Shore, etc.; one problem for these agencies is the cost of housing the students at local motels, and several other academies close by provide housing as a part of their facility; the City is in danger of losing some of the members of our Academy due to us not being able to provide housing; so the City would like to use this existing residential house to provide the housing for the students; primarily the students will be basic recruits going through the 18 week Academy training; Cardinal runs 10-hour days so the students will be coming in on Sunday and Monday and would stay there through Thursday; they only have classes Monday through Thursday; they did a survey based on the current academy, and if the house had been available, there would possibly have been seven students staying in the house; the Academy staff has put together basically a “Rules of Conduct” that will be strictly enforced for the people staying at the house, i.e., lights out by 10 pm, television off by 11 pm, no alcohol permitted, etc.; he noted that the Academy Director Kip Vickers was also in attendance; and WHEREAS, Chair Daulton asked if the students would be charged a rental fee to stay there, and Chief Dudley noted that they would not be charged; the member agencies of the Academy pay a fee to the Academy per student, and that fee would cover the housing as part 3 of the agency fees; the reason they are coming to the City is that the City of Salem is the fiscal agent for the Cardinal Criminal Justice Academy; they handle the finances, payroll, etc.; and WHEREAS, Chair Daulton stated it would be good to note that the students would all be over the age of 18; Chief Dudley noted that this is correct; further, he noted they will have had extensive background checks prior to gaining employment at the agency where they are employed; and WHEREAS, Commissioner King noted that she did not know how many bedrooms the house has, but she assumes that it will be a bunk bed situation for the housing; the house does not look like it has room for seven bedrooms; Chief Dudley noted that the house has three bedrooms, and there will be more than one person assigned to a bedroom; further, the house has two bathrooms, and the students will also be able to use the bathrooms at the Academy across the street; and WHEREAS, Commissioner Robertson noted in the request that there would be between 8 and 12 students who would be housed at one time; Chief Dudley noted that 12 would be the maximum, and they are not sure that they would ever reach that point; he noted that as he stated earlier, with the current Academy the number would be seven; some of the students for instance from Alleghany, the agencies are having to pay overtime, travel, etc., and some of those students may or may not elect to stay; but, if we had the housing to offer, then those agencies would not be obligated for that extra payment; and WHEREAS, Commissioner King asked about the parking for the residents; Chief Dudley noted that there is plenty of parking just across the street at the Academy parking lot; Mrs. King asked if they would be directed to that parking lot as opposed to parking in front of residential homes on the street, and Chief Dudley noted that this was correct; he noted that some of the Academy staff parks in front of the Academy building on the street, and there may be some parking there; but they would be directed to park either in front of the Academy or in the parking lot; Mrs. King noted so the residents would not need to worry about people taking up their parking area; Chief Dudley noted that he did not think so and if it became a problem, they could talk to the Academy staff, and he is sure it can be worked out; and WHEREAS, Kip Vickers, Director at Cardinal Criminal Justice Academy, noted he could assure the Commission and the residents that the students will park on the side of the building at the Academy as they have a large parking area; they will not be allowed to park on the street; and he noted he would be glad to address any other questions, but he thought the Chief had covered it very well; and 4 WHEREAS, Jay Taliaferro noted he wanted to add something to the explanation of the request; there is no definition or use in our code that describes what they are proposing here; so, they are petitioning for a use that is not provided for and this is “academy housing units;” one option for a definition for this could be: temporary residential housing for enrollees in a Criminal Justice Academy while attending the Academy, this is not a hotel, motel, or home stay inn; and WHEREAS, Vice Chair Thomasson asked if this would take the place of the “Use Not Provided For;” and Mr. Taliaferro noted that it would not; Mr. Taliaferro further noted if someone wanted to look at the minutes and find out what an “academy housing unit” is this is a potential definition; and WHEREAS, Chair Daulton asked if the Academy could be considered a higher learning educational facility, and if so, why does it not fit in the same category as a dormitory at Roanoke College would; Mr. Taliaferro noted that we do not have a dormitory definition, but there is a list of uses included in the “College/University Educational Facilities” i.e., classrooms, offices, cafeterias, dormitories, etc., and this is working toward a degree as opposed to a certification; Chair Daulton noted that the difference is the certification as opposed to the degree, and Mr. Taliaferro noted that this was correct; Mrs. Daulton asked if the use could not be considered a dormitory, and Mr. Taliaferro noted that it could, but we do not have a definition for dormitory; further, a dormitory is not a use type but is a part of the “College and University District;” ON MOTION MADE BY VICE CHAIR THOMASSON, SECONDED BY COMMISSIONER CARTER, AND DULY CARRIED, the Planning Commission for the City of Salem doth recommend to the Council of the City of Salem that the request of City of Salem, contract purchaser, and TANN Investments, LLC, and John D. Kelly, property owners, for the issuance of a Use Not Provided for Permit to allow academy housing units for Cardinal Criminal Justice Academy on the property located at 912 Central Avenue (Tax Map #182-2-5) – the roll call vote: all aye. In re: Hold a public hearing to consider the request of Lance B. & Debra M. Duncan, property owners, and Tarpley-Graham, LLC, contract purchaser, for rezoning two parcels located in the 2800 blk. of Franklin Street (Tax Map #s 271-1-1 & 290-1-1) from PUD Planned Unit District with conditions to PUD Planned Unit District with amended conditions The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of Lance B. & Debra M. Duncan, property owners, and Tarpley- Graham, LLC, contract purchaser, for rezoning two parcels located in the 2800 blk. of Franklin 5 Street (Tax Map #s 271-1-1 & 290-1-1) from PUD Planned Unit District with conditions to PUD Planned Unit District with amended conditions; and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the February 26, and March 5, 2014, issues of The Roanoke Times, and adjoining property owners were notified by letter mailed February 28, 2014; and WHEREAS, staff noted the following: the subject property consists of two parcels of land totaling approximately 34.5 acres; it lies along the west side of Franklin Street, between Niblick Drive and Upland Drive, and is adjacent to the Phillips Brook and West Club Forest subdivisions; the request to rezone the two parcels was approved by the Commission at its October 16, 2013, meeting and subsequently by City Council at its November 12, 2013, meeting; the contract purchaser/developer is requesting an amendment to the existing PUD to allow for the modification of the density and open space standards within the PUD development regulations; the request is to modify the maximum number of residential lots to 18, which is an increase of three lots; and all other standards remain the same as was originally approved; and WHEREAS, Vice Chair Thomasson noted he would need to recuse himself from the discussion on this item as Brad Graham is a family member; Bill Maxwell also recused himself as he has represented the Duncans in the past; and WHEREAS, Sean Horne of Balzer and Associates, representing the contract purchaser appeared before the Commission explaining the rezoning request; he noted that the property was rezoned for a Planned Unit District to allow 15 single family residential lots; after much planning and design work has taken place and prices came back, along with Mr. Duncan’s desire to have a couple additional lots due to his current situation, they are asking for an additional three lots to be added to the development; he further noted that all of the other conditions and plans remain the same; he stated if he needed to go through the entire request he would be happy to do so, otherwise, he would be happy to answer any questions; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY COMMISSIONER KING, SECONDED BY COMMISSIONER CARTER, AND DULY CARRIED, the Planning Commission of the City of Salem doth recommends to the Council of the City of Salem that the previously approved zoning of two parcels located in the 2800 Block of Franklin Street (Tax Map #s 271-1-1 & 290-1-1) to PUD Planned United District with conditions with a maximum of 15 lots requested by Lance B. & Debra M. Duncan, property owners, and Tarpley-Graham, LLC, contract purchaser, be amended and approved with the same conditions with a maximum of 18 lots to coincide with the lines on the PUD Masterplan 6 dated February 21, 2014 – the roll call vote: Mrs. – King – aye, Mr. Carter – aye, Mr. Robertson – aye, Mr. Thomasson – abstaining, and Mrs. Daulton – aye. There being no further business to come before the Commission, the same on motion adjourned at 7:14 p.m.