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HomeMy WebLinkAbout2/13/2013 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION February 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 February 13, 2013, there being present the following members of said Commission, to wit: Vicki G. Daulton, Jimmy W. Robertson, Bruce N. Thomasson, and Samuel R. Carter, III (Terrance D. Murphy – absent); with Vicki G. Daulton, Vice 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; 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 COMMISSION MEMBER THOMASSON, SECONDED BY COMMISSION MEMBER CARTER, AND DULY CARRIED, the minutes of the regular meeting and work session held on January 16, 2013, were approved as written – the roll call vote: all present - aye. In re: Request for preliminary and final approval of a proposed subdivision plat filed by Al M. Cooper Construction, property owner, and Fralin Companies, contract purchaser, for The Village at North Mill Oaks to be located off North Mill Road and Woodside Drive (Tax Map #s 29-1-5, 10, 11, & 12 and 35-1-1 & 3) The Executive Secretary reported the Commission had received a request for preliminary and final approval of a proposed subdivision plat filed by Al M. Cooper Construction, property owner, and Fralin Companies, contract purchaser, for The Village at North Mill to be located off North Mill Road and Woodside Drive (Tax Map #s 29-1-5, 10, 11, & 12 and 35-1-1 & 3); and 2 WHEREAS, staff noted the following: the subject property consists of six parcels located along North Mill Road and Woodside Drive; the property is currently occupied by a single family residence; the total acreage is approximately 27.6 acres; there are 65 lots proposed, not including a storm water lot located on North Mill Road; two new roads will be constructed, connecting to a single entrance on North Mill Road; the cul-de-sac on Woodside Drive will be lengthened and enlarged; the developer is also dedicating a portion along North Mill Road for street widening purposes; staff is in the process of reviewing the plans for the subdivision, and a review meeting was held prior to the Planning Commission meeting; and while Phase 1 of the project would be adequately served by the Penguin Lane water tank, water service for Phase II remains to be addressed; and WHEREAS, Sean Horne of Balzer and Associates, representing the contract purchaser, appeared before the Commission explaining the request to subdivide the property; he noted this project has been around for quite a while, and he believes, if he is not mistaken, that it was approved several years ago and the time has lapsed for approval; the owner has a contract to purchase up to 28 lots, the first 8 of which are located on North Mill Road and will be Phase I; they have resubmitted a site plan to staff to get the project into compliance with the storm water management ordinance that is currently in place; other than those changes, the plans are as they existed with the original approval; he further noted he would be glad to answer any questions the Commission might have; and WHEREAS, Commission Member Thomasson asked Mr. Horne if he had a visual to show the Commission, and Mr. Horne noted he had a visual with him but it was the same drawing as had been submitted in the packet of information delivered to the Commissioners; and WHEREAS, Commission Member Robertson requested the widths of Roads “A” and “B” shown on the drawing; Mr. Horne noted that the roads are the City’s standard 50’ right of way; Mr. Horne further noted that originally there was an attempt to rezone the property for a cluster housing development, however, the plan before the Commision is for a by-right subdivision in Residential Single Family zoning so the streets are all standard public streets; and 3 WHEREAS, Commission Member Carter asked how wide was the road shown behind the lots on North Mill Road; Mr. Horne noted he was glad he brought that up; in discussions with staff, there was a desire early in the project not to have so many access points on North Mill Road so they came up with the shared drive that would connect to one location; the location has been determined to be the connection of the future public road so once that road is dedicated the shaded portion of the access easement shown on the plan will be vacated and will tie into the new road; so, ultimately it will end up with one connection on North Mill Road instead of nine; Commission Member Thomasson asked if the road behind Lots 1 through 8 will be wide enough to accommodate two cars, and Mr. Horne noted that it would be; he noted that he thought the road would be 18’; and WHEREAS, Vice Chair Daulton noted she thought she remembered there was an issue related to water service, and Mr. Horne noted this was correct; she asked if he could give the Commission more information related to the water; Mr. Horne noted that the water pressure issue went through renditions, and the current water pressure has been determined to be able to serve up to a line indicated on the plan, which is the first 29 or 30 lots in the development; above that line, additional plans will have to be in place; originally the plan was approved with a water tank, and then the City asked them to remove the tank because they did not want an additional tank to maintain and that they look at alternatives for back feeding the system from Kesler Mill Road; at this point, there is nothing in place to back feed the system for the future lots; he further noted that he thought the City has plans to possibly upgrade the water pressure in the future maybe 5, 10, or 15 years down the road; however, right now this is undetermined; the reason they are requesting the approval for the entire subdivision is so they do not have to come back before the Commission with each new section; they are fine with putting a statement on the plat indicating that water pressure must be in place to the upper lots prior to plat recordation and approval by City staff; Commission Member Thomasson asked if everyone would be comfortable if the upper section is referred to as Phase III; and WHEREAS, there was further discussion regarding the numbering of the phases; Jay Taliaferro asked Mr. Horne if they would consider using Phase I, II, and III for clarity on the plat; Mr. Horne noted that this would be acceptable, and he indicated the changes on the plan he 4 brought with him; and WHEREAS, no other person(s) appeared related to said request; and ON MOTION MADE BY COMMISSION MEMBER ROBERTSON, SECONDED BY COMMISSION MEMBER CARTER, AND DULY CARRIED, the request for preliminary and final approval of a proposed subdivision plat filed by Al M. Cooper Construction, property owner, and Fralin Companies, contract purchaser, for The Village at North to be located off North Mill Road and Woodside Drive (Tax Map #s 29-1-5, 10, 11, & 12 and 35-1-1 & 3) is hereby approved for Phase I & II and Phase III; Phase III of the project is subject to providing adequate water pressure and also being approved by staff; further, the Executive Secretary and City Engineer are hereby authorized to endorse such final approval on said final plat in accordance with The Code of the City of Salem, Virginia – the roll call vote: all present - aye. In re: Request of Shah Development Salem LLC, property owner, for the issuance of a Special Exception Permit to allow a modular home sales center on the property located at 41 Hurt Lane (Tax Map # 139-5-7) The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of Shah Development Salem LLC, property owner, for the issuance of a Special Exception Permit to allow a modular home sales center on the property located at 41 Hurt Lane (Tax Map #139-5-7); and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the January 30, and February 6, 2013, issues of The Roanoke Times, and adjoining property owners were notified by letter mailed February 1, 2013; and WHEREAS, staff noted the following: the subject property consists of one parcel currently zoned HBD, located on Hurt Lane, behind Kentucky Fried Chicken and Applebee’s restaurants, and south of the intersection with West Main Street; the property is approximately 4.183 acres and is vacant except for a parking area; the applicant proposes to use the property as a Modular Home Sales Center, constructing three homes as displays with one serving as the 5 sales office, along with a parking area; no storage of modular homes will occur at this site; and portions of this property are within the 100 year and 500 year flood zones, as well as the floodway; and WHEREAS, John Neel of Gay & Neel, representing Shah Development Salem LLC, appeared before the Commission in support of the Special Exception request; he presented the Commission and staff members with representations of modular homes that would be for sale on the proposed modular homes sales center; he noted that the Commission should have a copy of the conceptual site plan in their packets; he further noted that they will follow all the regulations related to site plans when they submit the formal site plan to City staff; the conceptual layout shows them how the homes would be arranged on the lot with a small amount of parking as required by the code; the model home that will be used for the sales office would be placed on a permanent foundation; the other two units would be skirted and look as if they are on a permanent foundation, but they would be on a carriage so they could be sold and swapped out for different stock; he stated that Thom Rutledge of Shah Development is in attendance also, if they have any specific questions about the homes, etc.; and further, he noted that he would be glad to address any questions; and WHEREAS, Commission Member Carter asked if three units would be the most they would place on the property, and Mr. Neel noted that this was correct; and WHEREAS, Commission Member Thomasson asked if they had thought about signage for the property; Mr. Rutledge noted that they had considered signage for the project but unfortunately the only frontage they have available is on Hurt Lane not on West Main Street; Commission Member Thomasson noted that the Commission had discussed this in the work session, and this type of business is a destination not a spur of the moment decision so this is in their favor; Mr. Rutledge noted that they currently have a sales lot in Christiansburg; he has been with the company for 12 ½ years, and the company has been building modular homes prior to him coming to work there; what sparked the idea of the sales lot in Salem is the amount of traffic coming to Christiansburg from Salem, Roanoke City and County, and especially Botetourt County; and 6 WHEREAS, Commission Member Robertson asked if the purchaser has to own property; Mr. Rutledge noted that not necessarily; if a potential owner is looking for house in a general area, they can purchase the land and tie it in with the financing for the home; he noted that he wanted to point out that these are true traditional modular homes -- they are not mobile homes; he further noted that they showed three units on the concept plan and the property is over four acres, which would definitely lend itself to more units, but they are not sure about the market; he asked if the business should grow to the point they need more units, they would like to reserve the right to come back before the Commission and request to put additional units on the property; he noted that he wanted to assure everyone that this is not a modular home storage lot; there may be an instance due to weather, traffic, or site conditions that they would have to put a unit on the back of the lot for a very short period of time; but they do not want them there for very long as they would have to pay extra for permits, escorts, transportation, etc.; typically, the units come from the factory straight to the building site; and WHEREAS, Commission Member Robertson asked if the units would be set on the paved part of the lot, and Mr. Rutledge noted the units would be on the paved portion; and WHEREAS, Mr. Rutledge further noted that they have tried to position the units on the drawing to where they think they will have the best visibility from West Main Street, so they may need to move them slightly from what is shown on the plan; and WHEREAS, Commission Member Carter asked if they will need to gravel the area where he is referring to parking a unit temporarily in order to keep from tracking mud onto the roads, if the area is wet; Mr. Rutledge noted that they would do this, but that the area he is referring to is already mostly paved and/or graveled; and WHEREAS, Vice Chair Daulton asked staff if they did have to store a home on the property, would there be a time frame the unit could be there since they are only requesting the three units; Jay Taliaferro noted that he was not sure that we are only approving three at this point, we are approving the use on the property for a modular home sales center and unless the code specifically states that you can only have a certain number of units, then they 7 theoretically could have as many as the fire marshal would allow; as far as the storage, if they are using the lot for long term storage, then staff would need to check the code to see if it going beyond an accessory use to the sales; and WHEREAS, Mr. Taliaferro noted that the property is zoned HBD Highway Business District and warehousing and distribution, which is probably the use of storage in this case, is not allowed either by right or by Special Exception Permit in this zoning district; so if the storage grew to the point that it was not accessory to the primary use, which is sales, then we might have an issue; but according to the applicant, they are not planning on long term storage and certainly having inventory on site for a short period of time would be accessory; and WHEREAS, Vice Chair Daulton asked if they would change the units; Mr. Rutledge noted that typically they change the units between 24 and 36 months; WHEREAS, Rex Carr, property owner of 42 Hurt Lane located directly across the street from this property, appeared before the Commission stating he had several concerns; first, he asked if the unit being placed on the permanent foundation, will it be elevated out of the flood plain; second, he would like to know what is going to be done about the water runoff; he had to put a leach pond in on his property 14 years ago, and he is catching water off the road; his front parking lot has had over a foot of water in it so where they are proposing to place these units the water has been even higher; he is not against the request but he does not want there to be a double standard; he thinks they need to do what he had to do on his property; further, the traffic on Hurt Lane is like a drag strip; we do not need more traffic on this street; he noted that you take your life in your hands when you travel down the road; people coming out of KFC and Taco Bell do not look for traffic; he is concerned how they are going to turn a house on their property; further, there is a lot next to his that has tractor trailers, and they have to come in the wee hours of the morning to try to beat the traffic; but he is not against the request; he also noted that he has been mowing this property as well as picking up the trash – he would like to see someone else do this; and 8 WHEREAS, Mr. Neel noted that these were all very good questions; first, with regards to the flood plain, his company performed a field survey of this property including boundary and topographic survey locating both the flood plain and the flood way; the unit on the permanent foundation as well as the other two units will be at one foot above the 100 year flood plain level; in addition, the two units closest to Main Street are completely out of the flood plain; he certainly takes the comments seriously with regards to the flood plain because they do not want the houses flooded; from a storm water management perspective, they will need to meet the City’s requirements on this when they prepare the site plan stage of the project; so whatever the ordinance requires, they will do what needs to be done to meet those requirements, whether it is a storm water management pond or water quality requirements; with regards to traffic, most of their customers would probably not be traveling at a high rate of speed as they are coming in to look at a future home for themselves; further, this will not be a high traffic business compared to a fast food restaurant; their contributions to the traffic will be fairly minimal; with regards to the turning radius, they will take a look at that and make sure that anyone can get in or out; as Mr. Rutledge stated they will only be changing out units every two or three years so they will not have large vehicles coming in unless it is an emergency situation where a lot was not ready for the unit; more than likely the first units that are going to be placed on the property will be brought in at night, if necessary; Mr. Rutledge noted that typically as far as bringing in the units, it depends on the width and height of the units as there are certain times that the carriers can travel on the roads in the state of Virginia; further, they have moved the units back from Hurt Lane to increase the turning radius for people pulling into the property; Mr. Rutledge gave Mr. Carr a copy of the concept plan so he could see how it would appear on the lot; and WHEREAS, Commission Member Thomasson asked how long the initial setup would take; Mr. Rutledge noted that typically the units are brought in one day, and the crane in one day; then the units will be set the following day; they generally try to set the house, tear down the crane and leave all in the same day; usually the following day, the shingling and siding is finished; Vice Chair Daulton asked if the interior walls and flooring are already in place; Mr. Rutledge noted that those things are complete along with appliances, etc.; and 9 WHEREAS, Commission Member Robertson noted with regards to getting the units in and out of the property, that they would probably pick the lowest traffic time of the day to do this; Mr. Rutledge noted that this is correct but again a lot of this depends on the permits required for the trucks, which is out of their control; he noted that he would not want to be the truck driver on West Main Street at 9 o’clock in the morning; he further noted that when they change out the units, they bring the trailer or carrier back to the site, the roof is lowered and the two boxes are separated and then the crane is set up; the unit is picked up and placed on the trailer, wrapped in plastic, and probably moved out the following day; and WHEREAS, Vice Chair Daulton noted he stated a lot of this is determined by the state requirements; she asked him if he could give them an idea of the typical times; Mr. Rutledge stated that he could not tell them exactly; the units are typically 28’ wide, a 14’ box and a 14’ box; further there are larger units that require an over load permit and an over width permit, and if the ceilings are 9’, then the roof has to be laid down and an over height permit is required; he noted generally these cannot be moved until after 8:30 or 9 in the am due to school buses, etc.; and WHEREAS, Vice Chair Daulton asked staff if the storm water management would be part of this project also; Chuck VanAllman noted that they will check the site plan and make sure that all applicable regulations are followed; and WHEREAS, Commission Member Thomasson asked Mr. Carr if his questions had been answered; Mr. Carr noted that he guessed they had been in a roundabout way; he stated that he knows stuff regarding this area that staff and the Commission do not know; when he built his building, he had to put a leach pond and header pipe in and a pipe across the road; when the Duncans had the property across the street, they hooked a flexible pipe onto his leach pond pipe and went uphill with the pipe; when it rains, it fills up the gulley and then it comes back through his pipe, and it is supposed to go the other way around; his pond fills up because of everything running down the road, everything running off of KFC, Taco Bell, Anthony’s, Applebee’s, the empty lot next to him, the lot across the street; he further noted he has a problem with trash; he knows that it has been windy lately, but he has received trash from as 10 far away as Glenvar Minute Mart – several miles away; he keeps trash on his place because he does not have time to pick up everyone’s trash; he has complained many times and nothing has been done; so now he is going to have more trash brought in; he further discussed trucks parking across the street on this property, and the trash they leave behind; and WHEREAS, Vice Chair Daulton suggested that he get together with Mr. Rutledge and see if they can work out some of those issues; Mr. Carr noted that he has concerns, and there is nothing he can do but voice those concerns; Commission Member Carter noted that he has every right to voice his concerns, but at this point in time, the people who are applying this evening have caused none of his concerns; if they add to the problems, then he will have cause to object to them and their business; but at this point, they have not done anything wrong; and WHEREAS, Commission Member Thomasson asked Mr. VanAllman if he was familiar with Mr. Carr’s pond; Mr. VanAllman noted that he was not, but that he could look into it; he further noted that he would send a crew out to take a look at the pond; and WHEREAS, Mr. Carr asked if he would be notified of what was going to happen with the request before the Commission; Vice Chair Daulton noted that the Commission is a recommending body, and they will make a recommendation to City Council with regards to the request; City Council will hear the request at their meeting on February 25th at 7:30 pm here in the same room; so, he can come to the Council meeting and voice his concerns to them as well; ON MOTION MADE BY COMMISSION MEMBER CARTER, 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 Shah Development Salem LLC, property owner, for the issuance of a Special Exception Permit to allow a modular home sales center on the property located at 41 Hurt Lane (Tax Map #139-5-7) be approved – the roll call vote: all present – aye. There being no further business to come before the Commission, the same on motion adjourned at 7:40 p.m.