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HomeMy WebLinkAbout12/12/2012 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION December 12, 2012 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 December 12, 2012, there being present the following members of said Commission, to wit: Jimmy W. Robertson, Bruce N. Thomasson, and Samuel R. Carter, III (Terrance D. Murphy and Vicki G. Daulton – absent); with Jimmy W. Robertson, 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; 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, due to the absence of the Chair and Vice Chair, Jimmy W. Robertson is hereby appointed Temporary Chair for this meeting of the City of Salem Planning Commission – the roll call vote: all present - aye. 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 November 14, 2012, were approved as written – the roll call vote: all present - aye. In re: Hold public hearing to consider amending Chapter 106, Article II District Regulations, Section 106-214.2, 106-218.2, & 106-220.2; Article IV Development Standards, Section 106-404.17; and Article VI Definitions and Use Types, Section 106-602.9 of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to Athletic Instruction Services. The Executive Secretary reported that this date and time had been set to hold a public hearing to consider amending Chapter 106, Article II District Regulations, Section 106-214.2, 106-218.2, & 106-220.2; Article IV Development Standards, Section 106-404.17; and Article VI Definitions and Use Types, Section 106-602.9 of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to Athletic Instruction Services; and 2 WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the November 29th and December 6th, 2012, issues of The Roanoke Times; and WHEREAS, staff noted the following: over the last several years there has been an increase in popularity of establishments that provide indoor instruction and training in athletic sports; most of the establishments require high ceilings for the conduct of the business; however, the high ceilings are generally only found in industrial buildings not in commercial or retail ones; the proposed changes to the zoning ordinance will permit the use of industrial buildings in LM Light Manufacturing District and HM Heavy Manufacturing District for athletic instruction services with the approval of a Special Exception Permit, and the proposed use will also be allowed as a by right use in HBD Highway Business District; and WHEREAS, Judy Hough, Planner, appeared before the Commission explaining the proposed ordinance amendments; she noted over the last several years there has been an increase in popularity of establishments that provide indoor instruction and training in athletic sports; most of the establishments require high ceilings for the conduct of the business; however, the high ceilings are generally only found in industrial buildings, not in commercial or retail ones; the proposed changes to the zoning ordinance would permit the use of industrial buildings in LM Light Manufacturing District and HM Heavy Manufacturing District for athletic instruction services with the approval of a Special Exception Permit; the proposed use would also be allowed as a by right use in HBD Highway Business District; she further noted the definition for “Athletic Instruction Services” is Establishments primarily engaged in providing indoor instruction and training in athletic sports that require high ceiling heights for the activity. Typical uses include gymnastics academies, baseball and softball training centers, tennis centers and golf centers; and WHEREAS, no other person(s) appeared related to said request; 3 ON MOTION MADE BY COMMISSION MEMBER THOMASSON, SECONDED BY COMMISSION MEMBER 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 106-214.2, 106-218.2, & 106-220.2; Article IV Development Standards, Section 106-404.17; and Article VI Definitions and Use Types, Section 106-602.9 of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to Athletic Instruction Services be amended as follows: Article II District Regulations Sec. 106-214. HBD—Highway business district. Sec. 106-214.2. – Permitted uses. (A) The following uses are permitted by right in the HBD Highway Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicated that the use is subject to additional, modified or more stringent standards as listed in Article III, Use and Design Standards. 5. Commercial Use Types Athletic Instruction Services Sec. 106-218. LM—Light manufacturing district. Sec. 106-218.2. – Permitted uses (B) The following uses are permitted by special exception in LM Light Manufacturing 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. 5. Commercial Use Types (None) Athletic Instruction Services Sec. 106-220. HM—Heavy manufacturing district. Sec. 106-220.2. – Permitted uses (B) The following uses are permitted by special exception in HM Heavy Manufacturing 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. 4 5. Commercial Use Types Athletic Instruction Services Recreational Vehicle Sales and Service* Article IV Development Standards Sec. 106-404.17. – Minimum parking required (E) Commercial Use Types Use Type PARKING REQUIRED Athletic Instruction Services Schedule B (minimum 1 space per 300 square feet) Article VI Definitions and Use Types Sec. 106-602. Use types. Sec. 106-602.9. – Commercial use types. [The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Athletic Instruction Services. Establishments primarily engaged in providing indoor instruction and training in athletic sports that require high ceiling heights for the activity. Typical uses include gymnastics academies, baseball and softball training centers, tennis centers and golf centers. Personal improvement services. Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health or physical fitness studios centers, (excluding athletic instruction services), reducing salons, dance studios, handicraft and hobby instruction. Commercial indoor sports and recreation. Predominantly non-instructional participant- based uses conducted within an enclosed building. Typical uses include bowling alleys, ice and roller skating rinks, indoor racquetball, swimming, and/or tennis facilities. the roll call vote: all present – aye. 5 In re: Request of Fame Allstars of Roanoke, lessee, and Metts Investments LLC, property owner, for the issuance of a Special Exception Permit to allow a thletic instruction services on the property located at 1701 Midland Road (Tax Map #230-6-1) The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of Fame Allstars of Roanoke, lessee, and Metts Investments LLC, property owner, for the issuance of a Special Exception Permit to allow athletic instruction services on the property located at 1701 Midland Road (Tax Map #230-6-1); and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the November 29 and December 6, 2012, issues of The Roanoke Times, and adjoining property owners were notified by letter mailed November 30, 2012; and WHEREAS, staff noted the following: the subject property consists of one parcel of approximately 4.5 acres and is bordered by Easton Road, Midland Road, and Intervale Drive; the property is occupied by a large industrial facility of approximately 67,500 square feet, which is not being fully utilized; and WHEREAS, Jana and Craig Williams, co-owners of Fame Allstars of Roanoke, lessee, appeared before the Commission in support of the Special Exception Permit request; Mrs. Williams noted that they are currently located on Aerial Way Drive in Roanoke, which is a temporary location, and they were previously on Brandon Avenue in Roanoke; they feel this location in Salem is a perfect location for their business especially with Salem being such a sports-oriented area; they noted they appreciated everything that staff has done to help get their request pushed through the process and they feel this will be a very good location for them; Mrs. Williams noted she would be happy to answer any questions the Commission might have; and 6 WHEREAS, Commission Member Thomasson asked if she would briefly explain the type of instruction they provide; she noted that they are all-star competitive cheerleading group; the concept is similar to travel soccer and softball; in addition they provide instruction in basic as well as advanced cheering such as cheer motions, tumbling, etc. for students in the local middle and high schools; she further noted that competitive cheerleading has been deemed a varsity sport again, and there are scholarships available so a lot of kids are interested in participating; in addition she stated they just recently merged their business Synergy Allstars with Fame Allstars, an elite level team with six locations in Virginia as well as one location in New York; and WHEREAS, Temporary Chair Robertson noted that he feels this will be a great asset for Salem; Mrs. Williams noted that it is amazing to watch the children especially to see what it does for their self-esteem and in addition there is the physical fitness part of it; and WHEREAS, there was further discussion regarding the connection with Fame Allstars; and WHEREAS, Temporary Chair Robertson asked if they would hold events at the proposed location; Mr. Williams noted that they have had events in the past at the Roanoke Civic Center, and with the name change, they are attracting students every week; they are hoping to have a major competition at the Salem Civic Center, which will bring in several big gyms; Mr. Robertson noted the reason he asked the question was because staff was concerned if there would be a lot of parking required for competitions or events at this location; Mrs. Williams noted that they would probably not hold any competitions at the gym, but they would have what they call “showcases; ” if they were to have a competition, it would probably be held at the Salem Civic Center; and WHEREAS, no other person(s) appeared related to said request; and WHEREAS, Commission Member Carter wished them a lot of success in their business; 7 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 Fame Allstars of Roanoke, lessee, and Metts Investments LLC, property owner, for the issuance of a Special Exception Permit to allow athletic instruction services on the property located at 1701 Midland Road (Tax Map #230-6-1) be approved – the roll call vote: all present – aye. WHEREAS, there was some discussion whether the approval of the request should be contingent on the adoption of the ordinance by City Council; Assistant City Attorney Bill Maxwell noted that this addition should probably be included in the motion; the Commission cannot recommend approval of the request unless it has the authority to approve it, and the authority will be granted by the adoption of the ordinance, which will be done by City Council; and ON AMENDED 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 Fame Allstars of Roanoke, lessee, and Metts Investments LLC, property owner, for the issuance of a Special Exception Permit to allow athletic instruction services on the property located at 1701 Midland Road (Tax Map #230-6-1) be approved subject to the approval of the zoning ordinance amendments related to athletic instruction services – the roll call vote: all present – aye. WHEREAS, there was additional discussion regarding approval of the zoning ordinance amendments and the approval of the Special Exception Request; it was noted that the legal notice had not been submitted for the January City Council meeting due to the holidays so the ordinance amendments would be heard on first reading at the January 14, 2013, City Council meeting; the second reading on the amendments would take place at the January 28, 2013, meeting and also the request of Fame Allstars of Roanoke, lessee, for the Special Exception Permit. There being no further business to come before the Commission, the same on motion adjourned at 7:23 p.m.