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HomeMy WebLinkAbout11/13/2013 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION November 13, 2013 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 13, 2013, there being present all the members of said Commission, to wit: Vicki G. Daulton, Jimmy W. Robertson, Bruce N. Thomasson, Samuel R. Carter, III, and Denise P. King; with Vicki G. Daulton, Vice Chair, presiding; together with Kevin Boggess, City Manager; Charles E. Van Allman, Jr., 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 DAULTON, SECONDED BY COMMISSION MEMBER THOMASSON, AND DULY CARRIED, due to the absence of the Executive Secretary, Judy L. Hough is hereby appointed Executive Secretary Pro Tem and Acting Chair for this meeting of the City of Salem Planning Commission – the roll call vote: all aye. The Executive Secretary Pro Tem apologized for the interruption and noted that she had asked Clark Ruhland, Communications Specialist, from the Communications Department to shoot a couple pictures of the Commission since everyone was in attendance. In re: Reorganization of the Planning Commission The Acting Chair reported that this date and time had been set to hold a reorganization of Planning Commission due to the resignation of the former chair and the appointment of a new member of the Commission, Denise “Dee” King; and ON MOTION MADE BY COMMISSION MEMBER THOMASSON, AND SECONDED BY COMMISSION MEMBER CARTER, AND DULY CARRIED, Vicki G. Daulton is hereby appointed as Chair of the City of Salem Planning Commission – the roll call vote: Mrs. King – aye, Mr. Carter – aye, Mr. Thomasson – aye, Mr. Robertson – aye, and Mrs. Daulton - aye. ON MOTION MADE BY COMMISSION MEMBER ROBERTSON, AND SECONDED BY COMMISSION MEMBER KING, AND DULY CARRIED, Bruce N. Thomasson is hereby appointed as Vice Chair of the City of Salem Planning Commission – the roll call vote: Mrs. King – aye, Mr. Carter – aye, Mr. Thomasson – aye, Mr. Robertson – aye, and Mrs. Daulton – aye. WHEREAS, Chair Daulton assumed the duties of presiding officer at this meeting of the City of Salem Planning Commission. 2 ON MOTION MADE BY COMMISSION MEMBER THOMASSON, AND DULY CARRIED, the minutes of the regular meeting and work session held on October 16, 2013, were approved as written – the roll call vote: all aye. In re: Hold a public hearing to consider the request of GES Properties, LLC, property owner, and Buck Simmons, lessee, for the issuance of an “Use Not Provided For” Permit to allow an auction and consignment gallery on the property located at 2501 West Main Street (Tap Map #s 175-1-7 & 169-3-25.1) (Continued from the October 16, 2013, meeting.) The Executive Secretary Pro Tem reported that this date and time had been set to hold a public hearing to consider the request of GES Properties, LLC, property owner, and Buck Simmons, lessee, for the issuance of an “Use Not Provided For” Permit to allow an auction and consignment gallery on the property located at 2501 West Main Street (Tap Map #s 175-1-7 and 169-3-25.1) (Continued from the October 16, 2013, meeting); and WHEREAS, the Executive Secretary Pro Tem further reported that notice of such hearing had been published in the October 3 and 10, 2013, issues of The Roanoke Times, and adjoining property owners were notified by letter mailed October 4, 2013; and WHEREAS, the Executive Secretary Pro Tem noted that for clarification, the two proposed uses of the property would be considered as separate items for the agenda; and WHEREAS, staff noted the following: the subject property consists of two parcels totaling 3.17 acres located on the north side of West Main Street, between Salem Industrial Drive and Diuguids Lane; the property is the site of the former 84 Lumber Company, which closed approximately two years ago; the smaller parcel, .57 acres, is vacant; the request is for an Use Not Provided For Permit to allow the building to be used for auctions as well as offering space to the public for sale of merchandise, both new and used; in addition, all out buildings will be used for the same purpose; the property owner has stated the front of the building, which is facing the street, will be repainted, and fencing will be installed where it was originally; no structural changes will be made to the existing structure or outbuildings; it appears that there should be enough parking for the proposed use; however, a plan showing the parking spaces will be required prior to occupancy; and WHEREAS, Buck Simmons, of 1000 S. College Avenue, lessee, appeared before the Commission in support of the “Use Not Provided For” Permit request; he noted that he plans to have an auction and consignment gallery, and the item was tabled at the last meeting due to the additional proposed use for a flea market; now he would like to add the flea market use, 3 and this was the reason for the majority of questions; and Chair Daulton noted that the Commission will be discussing the flea market request as Item # 2 so they are strictly discussing Item #1 at this time and voting on that request; and WHEREAS, Mr. Simmons noted that the auction gallery will also include consignments; if someone brings items in that they do not want to have in the auction, then they will pay a percentage to have them placed in consignment; he noted that there would be some outside storage because his insurance company will not allow him to keep vehicles inside the building, and this would include any items that contain fuel; if an item is sold that is outside, then the purchaser has 10 days from the auction to pick up the item; he further noted that the items would be stored behind the main building so there will not be any items or junk out on Main Street; and WHEREAS, Chair Daulton asked him if only large items would be stored outside, and Mr. Simmons noted that this was correct, such as cars or boats, etc.; and WHEREAS, Commission Member King asked if there would be a designated area for the large items or could they be stored at various places on the property; Mr. Simmons asked if she was referring to during the auctions, and Mrs. King noted not necessarily during the auctions but when he is getting ready for an auction; Mr. Simmons noted that during an auction, the items could be anywhere, however, the gravel area on the right hand side of the property will be used for parking; further, he does not want to mix the parking lot with the actual physical auction because people will be walking around, etc.; and there was further discussion regarding the auctions and outside storage; and WHEREAS, Commission Member Robertson asked how often would he have auctions; Mr. Simmons noted that there is the possibility he would have auctions once a week, which will depend on the number of items he receives; he further discussed the storage of the items; and WHEREAS, Chair Daulton asked if auctions would only take place on Fridays and Saturdays; Mr. Simmons noted that he was not sure of the days he would be open for the auctions; he noted that if he has a complete estate auction, the family might pick the day for the auction, which could be a week day; Mrs. Daulton asked if he was saying the business might be open 7 days a week; Mr. Simmons noted that the consignment shop would be open 7 days a week; with regards to the auctions, there are a lot of variables why they might have an auction on a week day; and Commission Member Carter noted he did not think there was anything to restrict this; and 4 WHEREAS, Chair Daulton asked if his request is approved, when would he want to open the business; Mr. Simmons noted that he would like to open the first of the new year; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY COMMISSION MEMBER CARTER, SECONDED BY COMMISSION MEMBER KING, 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 GES Properties, LLC, property owner, and Buck Simmons, lessee, for the issuance of an “Use Not Provided for Permit” to allow an auction and consignment gallery on the property located at 2501 West Main Street (Tax Map #s 175-1-7 & 169-3-25.1) be approved – the roll call vote: all present – aye. In re: Hold a public hearing to consider the request of GES Properties, LLC, property owner, and Buck Simmons, lessee, for the issuance of a Special Exception Permit to allow a flea market on the property located at 2501 West Main Street (Tap Map #s 175-1-7 & 169-3-25.1) The Executive Secretary Pro Tem reported that this date and time had been set to hold a public hearing to consider the request of GES Properties, LLC, property owner, and Buck Simmons, lessee, for the issuance of a Special Exception Permit to allow a flea market on the property located at 2501 West Main Street (Tap Map #s 175-1-7 and 169-3-25.1); and WHEREAS, the Executive Secretary Pro Tem further reported that notice of such hearing had been published in the October 30, and November 6, 2013, issues of The Roanoke Times, and adjoining property owners were notified by letter mailed November 1, 2013; and WHEREAS, staff noted the following: UPDATE: At the October Planning Commission meeting, it was determined that the lessee would also like to use the property for a flea market; since the initial request did not include this type of use, it was determined that Mr. Simmons would need to apply for a Special Exception Permit also for the flea market use; and WHEREAS, Mr. Simmons noted that the area to the left of the main building would be used for the flea market, and additionally, they would still use the gravel area on the right for the parking lot; Mrs. King asked for a clarification on the location, and Mr. Simmons noted that it would be located on the left side of the property, if you were facing the property from Main Street; he noted that the flea market would be open on Friday, Saturday, and Sunday; Friday and Saturday they would open early morning, but Sunday they would not open the gates until 1 pm; further, they would let people come to set up early on Sunday, but they would not let the public in until 1; and 5 WHEREAS, Commission Member Thomasson asked how early he would open on Friday and Saturday, and Mr. Simmons noted it would be early maybe 6 am; Chair Daulton asked what time they would close the flea market; Mr. Simmons noted he was not sure considering the time change, but the hours would probably be 6 am to 6 pm, however, he would not want it to be open in the dark; also, the time on Sunday would be 1 pm to 6 pm; and WHEREAS, Commission Member Robertson asked if the property is fenced, and Mr. Simmons explained that part of the fencing has been removed; Chair Daulton noted she thought he had indicated at the last meeting that he would install a fence where it was originally; he noted that he plans to install a new fence from the left corner of the building across the front of the property to enclose that area; and WHEREAS, Commission Member Carter asked what type of fence is proposed, and Mr. Simmons noted that he is considering a chain-link fence with the green slats running through it; Mr. Carter asked how tall it would be and Mr. Simmons noted that he thought it was 6’ with barbed wire overhang; further, the fence that is located to the right of the building will remain; and there was further discussion regarding the proposed fencing; and WHEREAS, Commission Member Carter asked if the flea market would back up to the fence, and Mr. Simmons noted that this is correct; Mr. Carter further noted he liked the idea of the fence and he hopes it is enough, but he is not real keen on people coming into the city and seeing the backside of a flea market; Commission Member King asked if this was the type of fence that you can see through, and Mr. Simmons noted that you could see through it; Vice Chair Thomasson noted that it will not be completely opaque, and you would be able to see motion through the fencing; Mr. Simmons noted that the fencing will camouflage the area; and WHEREAS, Commission Member Carter asked him if he was going to see that the fence is maintained, and Mr. Simmons noted that he will maintain it; Mr. Simmons further noted that they need to remember that his name is going to be on the business, and he would not want it to look bad; and WHEREAS, there was further discussion regarding the location of the flea market on the property; Mr. Simmons noted that the flea market will mostly be located in the area to the left of the main building; Commission Member Thomasson asked approximately how many vendors he envisioned for the flea market as this is a fairly limited space, and Mr. Simmons noted that he thought probably 30 to 40 vendors; and 6 WHEREAS, Commission Member King asked Mr. Simmons how he would advertise the business; he noted that he would use the existing pole sign in the parking lot, and he would be replacing the sign on the building; in addition, he will use the newspaper; further, there will not be the little signs like the realtor signs; Mrs. King noted that her main concern is traffic as this is a very busy area, and she believes that she raised this concern at the last meeting; and WHEREAS, Commission Member King asked if someone from staff could tell her if there is a center turn lane at this location; Mr. Van Allman and Mr. Tripp noted that they thought there is a center turn lane, but they are not totally certain; Commission Member Carter noted that this is adjacent to Old Virginia Brick, and he is almost certain there is a center turn lane; Mr. Simmons further noted traveling west bound on Main Street there is a right turn lane into the property; and WHEREAS, there was further discussion regarding the area for the flea market, and Mr. Simmons noted that all the vendors will be located behind the fence in the area to the left of the 17,000 sq. ft. building; in addition, there will not be any sellers between the fence and Main Street, and there will not be any sellers in the gravel area to the right of the building; and WHEREAS, Commission Member King noted that the gravel area brings up another point; she believes that at the last meeting he anticipated there would 50 to 100 parking spaces; now, we have 40 vendors who will have vehicles and in some cases more than just a regular car plus there will be shoppers coming to the main building as well as the flea market; so now she is a little concerned about the parking; Mr. Simmons noted that recently there were two tag sales on Academy Street, one was across from the golf course and the other was near the interstate overpass, and this was a disaster; he noted that it is kind of like going any other place, if you do not find a parking place, then you do not go; further, the people coming to his place of business will not be able to park on Main Street unless they want to get a ticket; in his past, he has never been able to control the traffic or the parking, whether it be an auction on site or whatever; he compared it to the Salem Fair, and how do we control that; he is not aware if there are “no parking” signs on Main Street but that might be something that they may have to consider; and WHEREAS, Commission Member Thomasson asked if he were to have an auction on Friday and Saturday, he should be able to manage the number of flea market vendors relative to the auction sale; so, in other words, he would just not sell as many spaces, if he has a big auction going on; Mr. Simmons noted that was correct, and most likely depending on the size of the auction, he might not have any flea market vendors; however, he noted he needed to rephrase that, he could possibly have some flea market vendors because some people will pay by the month, and he will owe them that space; if he knows he is going to have an auction, 7 there will be a certain area that the monthly people can still sell; Mr. Thomasson noted so there will be a monthly section and a weekly section, and Mr. Simmons noted that this is correct; further, Mr. Thomasson noted referring to Commissioner King’s point he is going to have to manage the traffic the best way he can because if he has a really attractive auction and he has 40 flea market vendors, then this could be a problem; and WHEREAS, Chair Daulton asked how he would control parking on the left side of the property near the fenced area, and Mr. Simmons noted that people would not be able to park on that side; there was further discussion regarding the fencing and the fact that there is a steep bank on the left side of the building which would prohibit people from parking on that side; and WHEREAS, Commission Member Thomasson asked if the tables or stations for the flea market vendors would be permanent, and Mr. Simmons noted that the tables will not be permanent, and everything will be cleared at the end of the day; there was further discussion regarding flea markets, etc.; and WHEREAS, Commission Member Carter noted that one thing we have to be careful of is making sure this does not set a precedent for additional requests of this nature to more easily occur; this is the reason he was concerned about the fencing in order to hinder the visibility of the flea market from people driving by the property; and WHEREAS, Commission Member King asked if the Special Exception Permit runs with the property or with the owner of the business; the reason she is asking this is suppose something happens to Mr. Simmons tomorrow, can the property owner continue the use; Mr. Maxwell noted that the Special Exception Permit is attached to the property; Mr. Maxwell further noted that the Commission can place conditions on the request; Mrs. King noted that the property owner could turn around and have a flat out flea market, if for some reason Mr. Simmons no longer had the business; Mr. Simmons noted this was one of his concerns that he was uncomfortable with also because basically the property owner could take his idea and kick him out; he thought the use permit was only for the applicant/lessee and not the land owner, and he is not really comfortable with this because if the business does well, then they can kick him out and take his idea; and WHEREAS, Commission Member Thomasson noted that his business relationship with the property owner should address this issue, and Mr. Simmons noted that it has; and 8 WHEREAS, Commission Member Carter asked if he was willing to say that the flea market will be limited to the area to the left of the main building, and not all around in the gravel parking area; Mr. Simmons noted that the flea market will stay in the area they discussed, which is to the left of the main structure; Mr. Carter noted that he will install a minimum of a 6’ chain-link fence with the slats around the area where the flea market will be located; and WHEREAS, Commission Member Thomasson asked if the Commission should ask Mr. Simmons to proffer these conditions; Mr. Maxwell noted he does not think they need proffers in this circumstance, however, the Commission can impose conditions on the request; and WHEREAS, Commission Member Robertson noted he thought a couple things have changed since they looked at the request last month; first, the buildings that have been torn down and also the location where the flea market vendors will be situated is different; Mr. Simmons noted that the storage shed he is referring to was already down at the last meeting; Mr. Robertson stated ok, however, he did not think they were clear that the sellers will all be in that area and behind the fence; Mr. Simmons noted that he did not have anywhere else on the property to put the vendors; and WHEREAS, Commission Member Carter asked Mr. Simmons if he was ok with the condition about maintaining the fence along Main Street side and that the area to the left of the building will be the limits of the flea market vendors; and Mr. Simmons noted he was ok with both; and WHEREAS, Mr. Boggess asked the Chair if he could comment on a couple of things; first, he noted he looked at the aerial photograph, and there is a center turn lane from Diuguids Lane to Texas Hollow Road so the center turn lane runs throughout this section of Main Street; Commission Member Carter noted that the drawing they have of the property looks like there is an acceleration lane from the entrance, but he does not believe there is one; Mr. Boggess noted according to the aerial photograph there is not an acceleration or deceleration lane at the entrance to this property; he further noted that he wanted to mention a few things related to possible conditions the Commission could place on the property; one, the lot would be cleared every evening of flea market material; two, the flea market will only be open on Fridays, Saturdays, and Sunday afternoons; three, a minimum 6’ chain-link fence with screening will be installed on the Main Street side of the flea market area; and four, the flea market will only be located in the area to the west of the existing main building; and 9 WHEREAS, Commission Member King noted that she is still concerned about the parking, and she is aware of what Mr. Simmons has indicated he will do; however, what happens if he is not there tomorrow and suddenly we have 40 vendors and a full consignment indoor shop going on, and then there is no parking for anyone else who may be coming to look and/or purchase; Commission Member Carter asked if she was referring to the parking in the gravel area on the east end of the property; Mrs. King said indicated yes, but there is not a lot of space there; in addition, she noted that there are approximately 17 spaces along the front of the building; however, we are talking about the possibility of needing in excess of 100 spaces considering the vendors, and some of those may have oversized vehicles; she is still concerned about the parking; Mr. Simmons asked if she could explained about the oversized vehicles, and Mrs. King noted she is referring to people who may have a truck with a trailer to haul their goods; if there are say 40 flea market vendors selling, then 40 of the parking spaces are being used, plus there will be parking needed for the auction and consignment shop with people coming to shop there, etc.; so, she wonders what we can do about the parking situation; Mr. Tripp noted that the zoning ordinance requires one parking space per 100 square feet of sales area which is accessible to the public for flea markets; so staff can take the area that the applicant defines and determine what the required parking will be for the use; further, staff can look at the gravel area and make sure that it meets the requirement; Mrs. King asked if this would also take into consideration the auction and consignment building as well; Mr. Tripp noted that staff could figure this also, but it would be a different calculation for that use; and WHEREAS, there was further discussion regarding the parking for the proposed business and the possibility of obtaining parking on adjacent properties; and WHEREAS, Mr. Simmons noted that he needed to clarify one item with regards to the flea market; if he does not have an auction going on and he does not have items stored at the back, then he may move the flea market vendors to the back side of the property instead of having them all toward the front; Mr. Boggess noted that in this case the condition would state to the north or west of the existing main structure; and WHEREAS, Commission Member Robertson noted with the screened fencing he assumes that we will not be able to see the flea market tables from Main Street; Mr. Simmons noted that the area where we are referring to has a bank, and then the fencing will be 6’ above that; and WHEREAS, Commission Member Thomasson noted that they just do not want to know that it is there; Mr. Simmons noted that they may want it, but they want it to be neat and maintained; he further noted that it will not be a junk pile; and 10 WHEREAS, Chair Daulton asked if he was willing to stipulate that the flea market will be limited to Friday, Saturday, and Sunday only; Mr. Simmons noted that he does not want to say that, but he will; he noted the reason he is saying this is if he rents a space by the month, then technically the vendor has the space for the month; and there was further discussion regarding the days the flea market could be open and yard sales in the city; and WHEREAS, Mr. Simmons asked if there is not any way around the land owner getting the Special Exception Permit approval; Mr. Boggess noted that this is correct; he noted if the City can put stipulations on his other stuff, then why can’t they put stipulations on this; Mr. Boggess noted the statue that establishes Special Exception Permits defines that it goes with the property and not the applicant; Commission Member Thomasson noted it is the Commission’s duty to determine the proper use of land; Mr. Simmons noted that realistically he does not have anything then; Mr. Maxwell noted that Mr. Simmons has the ability to lease what he wants to lease, and this is between he and the property owners; and WHEREAS, there was further discussion regarding Special Exception Permits, the approval process, and parking requirements; and WHEREAS, Mr. Boggess discussed the conditions with the Commission; he noted that one of the conditions was the lot would be cleared every evening, but he wondered if the Commission might want consider the lot would have to be cleared by Sunday evening rather than cleared each evening since some of the vendors may be there all 3 days; Mr. Simmons noted that this was a good question because realistically a vendor may not want to pack up if they will be there for all three days; Mr. Boggess asked if the Commission was ok with having the lot cleared by Sunday evening since it will be a fenced in area and not visible from the street, and the Commission was in agreement that this would be ok; additionally, the first condition would that the flea market will be limited to Friday, Saturday, and Sunday with the Sunday hours being no earlier than noon or 1 pm; the area for the flea market will be to the west and north of the existing main building and only on those sides; a 5’ fence with screening to be installed and maintained on the Main Street side of the property to the southwest corner of the existing main building; he noted that those were the main points that he got from the discussion and again, what we are setting here is not just limitations on Mr. Simmons, but we are establishing controls for future users of the property; and there was further discussion regarding the fencing; and WHEREAS, Mrs. King noted at the last meeting Mr. Simmons had said the flea market would be open from 7 am to 7 pm, and today he said 6 am to 6 pm; Mr. Simmons noted that he was not sure about the time change so this is the reason for the difference; Commission Member Carter noted he thought Mr. Simmons had stipulated the flea market would only be 11 open in daylight hours; Mr. Boggess noted that he thought we could say the hours would be from 6 am to 6 pm or during daylight hours; and there was further discussion regarding the hours of operation; Mr. Simmons asked if this was only for the flea market and not the auctions, and the Commission indicated that this was only for the flea market use; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY COMMISSION MEMBER ROBERTSON, SECONDED BY COMMISSION MEMBER THOMASSON, 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 GES Properties, LLC, property owner, and Buck Simmons, lessee, for the issuance of a Special Exception Permit to allow a flea market on the property located at 2501 West Main Street (Tap Map #’s 175-1-7 & 169-3-25.1) is hereby approved subject to the following conditions: 1) sales will be limited to Fridays, Saturdays, and Sundays; 2) the sales may be held for a period of 12 hours on Fridays and Saturdays not to exceed 7 pm, and Sunday sales may be held between the hours of 1 pm and 7 pm; 3) the sales area will be limited to the fenced area to the west and north of the existing main building (17,446 sq. ft. as indicated on the map submitted) and only on those sides; 4) the sales area will be cleared by Sunday evening of all vendor tables, trash, etc.; and 5) a minimum 5’ fence with screening sufficient to limit the view of the sales area will be installed and maintained on left side of the property to the southwest corner of the existing main building – the roll call vote: all aye. There being no further business to come before the Commission, the same on motion adjourned at 8:13 p.m.