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HomeMy WebLinkAbout1/16/2008 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION January 16, 2008 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 January 16, 2008, there being present all the members of said Commission, to wit: Gardner W. Smith, Terrance D. Murphy, Jimmy W. Robertson, Vicki G. Daulton, and Bruce N. Thomasson; with Gardner W. Smith, Chairman, 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 VanAllman, City Engineer; Charles B. Aldridge, Sr., Acting Building Official and Zoning Administrator; Benjamin W. Tripp, Planner; and William C. Maxwell, Assistant City Attorney; and the following business was transacted: ON MOTION MADE BY COMMISSION MEMBER THOMASSON, AND DULY CARRIED, the minutes of the regular meeting and work session held on November 14 , 2007, were approved as written – the roll call vote: all aye. In re: Request for preliminary and final approval of a proposed subdivision plat filed by Wiley Development LLC, property owner, for Lot 15 of The St. John Place Commerce Center, located on St. John Road (Tax Map #189-3-3) The Executive Secretary reported the Commission had received a request for preliminary and final approval of a proposed subdivision plat filed by Wiley Development LLC, property owner, for Lot 15 of The St. John Place Commerce Center, located on St. John Road (Tax Map #189-3-3); and WHEREAS, staff noted the following: the subject property consists of one parcel located on St. John Road, in the St. John Place development off Route 419; the parcel is currently vacant and is approximately .9 acres; it is currently zoned HM; the property is bordered by a nearly identical development and General Electric 2 to the South, and by similar industrial and future commercial uses to the north; this request is for preliminary and final approval of the attached resubdivision of Lot 15 of The St. John Place; the parcel will be subdivided into a 7 unit zero-lot-line building, which is similar to the building approved for this project in 2006; a private-access easement will surround the development (Lot 15H) providing access for the individual lots; it will be jointly held by the property owners’ association; the applicant states he will proffer the exclusion of automotive and truck mechanical garages and body repair and painting shops, with the exception of a collector or hobbyist who wishes to restore an individual vehicle not for profit; and this property is partially located within the 500 and 100 year flood zones; and WHEREAS, Corbin White of Caldwell White Associates Engineers & Surveyors, 4203 Melrose Avenue, Roanoke, representing the property owner, appeared before the Commission explaining the request to subdivide this parcel in order to construct a 7 unit zero-lot-line building; he noted that he hoped the Commission was familiar with Mr. Wiley’s development; he further noted that Mr. Wiley has had moderate success with the first tenplex of the zero-lot-line units; he stated that Mr. Wiley is proposing the same size building as was previously approved, which is still under construction; however, the new building rather than having ten units of approximately 1,000 sq. feet will have two different size units so that clients can have a option up to 3,000 square feet; and WHEREAS, Commission Member Thomasson asked Mr. White if there are any potential tenants or buyers for the units, and Mr. White noted that with the first building Mr. Wiley was marketing to small contractors, etc. that perhaps might have a couple of employees and did not want to operate their business from their home; he further noted that the proposed units may be marketed to the same type of businesses and possibly to an upscale individual who may own a boat or want to restore a vehicle inside a building; he stated that Mr. Wiley has proffered the exclusion of automotive and truck mechanical garages, body repair and painting shops with the exception of a hobbyist or collector; and 3 WHEREAS, Commission Member Daulton asked about signs for the individual businesses, would they be attached to the building or on a post out in front of the business; Mr. White noted there will be a prime sign, which is under construction right now, for the commerce center, but it is not Mr. Wiley’s intent at this time to have any signage for individual businesses on this sign; it will just say “St. John Place Commerce Center;” he imagines that an individual purchaser will place signage on their own unit and will have to conform to the City of Salem Sign Ordinance; he stated he thought any individual signs would probably have to be on the door or possibly above the overhead door, both of which will face Masons Creek; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY COMMISSION MEMBER ROBERTSON, AND DULY CARRIED, the request for preliminary and final approval of a proposed resubdivision plat filed by Wiley Development LLC, property owner, for Lot 15 of The St. John Commerce Center, located on Electric Road and St. John Road (Tax Map #189-3-3) is hereby approved with the following voluntarily proffered condition: automotive and truck mechanical garages, body repair and painting shops are excluded with the exception of a collector or hobbyist who wishes to restore their own private vehicle(s) in a not-for- profit way; and 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 aye. In re: Request of Valley Associates LLC, property owner, for rezoning the property located at 1618 West Main Street (Tax Map #139-4-5.1) from LM Light Manufacturing District to HBD Highway Business District 4 The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of Valley Associates LLC, property owner, for rezoning the property located at 1618 West Main Street (Tax Map #139-4-5.1) from LM Light Manufacturing District to HBD Highway Business District; and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the January 2 and 9, 2008, issues of The Roanoke Times, and adjoining property owners were notified by letter mailed January 8, 2008; and WHEREAS, staff noted the following: the subject property consists of one parcel located on the south side of West Main Street; the property is currently vacant and is approximately 1.4 acres; the property is currently zoned LM Light Manufacturing District; this request is for the rezoning of the property from LM to HBD to allow the construction of general offices and retail; staff is not aware of any issues with this request; and WHEREAS, Steve Mullins, agent representing Valley Associates LLC, 530 Stonewall Street, Salem, appeared before the Commission explaining the request to rezone the property; he noted the property has been on the market for approximately three years, and they have not been successful in finding a user for this zoning; he noted that he has an individual who has contracted to purchase the property subject to getting the property rezoned; he stated the contract purchaser has not told them exactly what the property will be used for, but it will be some kind of office/retail use; and WHEREAS, Chairman Smith asked Mr. Mullins if he knew the size of the footprint for the proposed building, and Mr. Mullins noted he did not know the size and did not think the owners had made a decision about the building; and WHEREAS, Commission Member Robertson asked Mr. Mullins if more than one business could locate on the property; Mr. Mullins noted he examined this with staff previously, and he believes 5 approximately 10,000 square feet could be built on the property; he further noted that the property is 1.4 acres so there is room to build this size or maybe a little larger; and WHEREAS, Vice Chairman Murphy asked Mr. Mullins if the contract purchaser also owns the building located to the north of this property; Mr. Mullins noted they did not own the property in the front; he stated that the Valvoline property is owned by a group from Tennessee; and WHEREAS, Vice Chairman Murphy asked if the ingress/egress would be through the stem of the property, and Mr. Mullins noted that this entrance was done some years ago with city staff approval; he stated that there is a 30’ entrance, 20’ belongs to this property and 10’ belongs to the adjacent property; further, there is a joint cross-access easement that was done at that time; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY VICE CHAIRMAN MURPHY, 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 Valley Associates LLC, property owner, for rezoning the property located at 1618 West Main Street (Tax Map #139-4-5.1) from LM Light Manufacturing District to HBD Highway Business District be approved as presented – the roll call vote: all aye. In re: Consider amending Chapter 106, Article II District Regulations, Section 106-230 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to an urban forest overlay district 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 106-230 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to an urban forest overlay district; and 6 WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the January 2 and 9, 2008, issues of The Roanoke Times; and WHEREAS, staff noted the following: this request is to amend Chapter 106, Article II, pertaining to district regulations, in order to add a new section establishing the Urban Forest Overlay District within the city; the overlay district will include all parcels with frontage on one or more of the following roads: 1. West Main Street – Between Fourth Street and the western corporate limits 2. East Main Street – Between Thompson Memorial Drive and Route 419 3. Route 419 4. Apperson Drive 5. Fourth Street – Between West Main Street and Union Street 6. Wildwood Road 7. Thompson Memorial Drive – Between Clay Street and the northern corporate limits The overlay will only apply to new commercial development; currently existing developments are grandfathered unless they are redeveloped; residential zones are exempt; There are two main parts of the Urban Forest Overlay District: 1. The overlay will require all new development to have a minimum of one shade tree per acre of the development. All trees must be from the approved list and shall be planted within the interior parking lot. No development shall be required to have more than five trees. 2. The overlay establishes locations where new development will have to include trees, from the approved list, along the main thoroughfare that they are located on. These locations are determined by the city as roughly every 200 feet from a designated point. 7 The amendment also gives staff the authority to enforce the district and to require the replacement, pruning or other maintenance of the tree plantings. Tree species and locations are approved by staff during the site plan review process, and may be relocated or changed at the discretion of the administrator. The preservation of appropriate existing mature shade trees is encouraged and may count towards the required number of trees at the discretion of the administrator. The Urban Forest Overlay District will help to “green” sections of town that currently have little tree canopy. The greening of sprawl-like areas was identified as a goal in the current comprehensive plan. The trees in the approved list were selected to be physically strong, have non-destructive root habits, and to benefit the environment. These trees will absorb large amounts of carbon and particulate matter making the air relatively cleaner, helping to mitigate auto emissions produced in the area as well as other types of pollution. Trees that have been selected will produce large canopies to provide shade that lowers temperatures in asphalt and concrete, reducing the heat effect in urban areas; and WHEREAS, Ben Tripp, Planner, appeared before the Commission explaining the proposed ordinance amendment; he noted the purpose of the amendment is to increase the landscaping requirements for commercial properties located on major highways in the city; he stated the highways include West Main Street, East Main Street, Route 419, Apperson Drive, Wildwood Road, Thompson Memorial Drive, and Fourth Street; he stated the requirements will accomplish two main things; first, it will require developers to plant a minimum of one tree per acre of the development up to a maximum of five trees from the list of approved tree species; second, it will require trees to be planted in roadside planting strips adjacent to the street right of way; these trees are planted at 100-foot intervals and shall be selected from the second list of approved tree species; he noted that both of the lists of trees were 8 developed with the aid of Beth Carson, City Horticulturist; the trees were chosen because they do well in urban environments, they are good at absorbing pollution, and they have certain branching characteristics that make them easy to care for, etc.; and WHEREAS, Vice Chairman Murphy asked what was the rational for having a limitation of five trees; Mr. Tripp noted that the five tree limitation applies to the larger trees that go in the interior parking lots and even on a large site, say twenty acres or so, five trees would be a lot of trees; the main intent was to make it not so restrictive; Vice Chairman Murphy noted that it seems perfectly reasonable to him if the development is more than five acres, that more than five trees would be required; Mr. Tripp noted he supposed that they could, but he pointed out that this is an overlay district and this would be in addition to the landscaping requirements that currently exist in the City’s ordinance; further, Mr. Tripp noted that the developers would have to plant significantly more trees than just the five required in the overlay district; and WHEREAS, Vice Chairman Murphy asked if the ordinance is approved, would Paul Wiley’s property on Route 419 be included in the grandfathered properties; Mr. Tripp noted that the ordinance would only apply to property that has frontage on Route 419; the particular parcel Mr. Wiley was asking to subdivide this evening did not have frontage on Route 419 and would therefore be exempt; he noted that the ordinance was designed to apply to properties having frontage on the major highways; Vice Chairman Murphy noted that a development within a development such as Mr. Wiley’s property would be exempt from the ordinance, and Mr. Tripp noted that particular one probably would be; and WHEREAS, Vice Chairman Murphy noted that he believed the ordinance is long overdue so he certainly supports it; and WHEREAS, Chairman Smith noted he wanted to point out that there are provisions in the ordinance for replacement and maintenance, which are key issues; and 9 WHEREAS, Commission Member Robertson asked who would be responsible for the enforcement of the ordinance, and Chairman Smith noted that he thought it would be the Building Inspections and Zoning Department; and WHEREAS, Chuck Aldridge, Acting Building Official and Zoning Administrator, noted that his department would be responsible for the enforcement of the ordinance; and WHEREAS, Chairman Smith asked if staff might consider taking a look at the rest of the city in terms of the ordinance, and Mr. Tripp noted that this is a possibility; and WHEREAS, Chairman Smith noted he thought a good point to make is that this ordinance will help to make us a little bit “greener”, and Mr. Tripp noted that perhaps it is a start at least; and WHEREAS, Corbin White of Caldwell White Associates Engineers & Surveyors, 4203 Melrose Avenue, Roanoke, appeared before the Commission noting that he has not had a chance to read the ordinance; he asked if there are any measures in the ordinance for redevelopment of a site where the developer will not be changing the parking lot, etc. but just rehabbing a building; Executive Secretary Jay Taliaferro noted that this would fall under any other redevelopment category in the zoning ordinance so if more than 50% of the value is redeveloped, then it would be considered like a clean slate; and WHEREAS, Mr. White asked if there is flexibility in the ordinance; he noted that they ran into some problems in the city of Lynchburg the first couple of years their ordinance was in place; he noted that their ordinance was straight down the line; on some sites, it worked beautifully and on others it did not; he just wanted to make sure the city would have flexibility, if they were able to meet the intent of the ordinance; Mr. Taliaferro noted that there is some flexibility built into the ordinance, and staff understands that on particularly developed corridors, there may be 10 some issues with driveway entrances, power lines, etc.; he noted there is flexibility to move the trees around, but generally speaking, staff would like to see a streetscape where trees are placed approximately every 200 feet; Mr. White noted this sounded good and that he was in agreement with the proposed ordinance; and WHEREAS, Commission Member Daulton noted that she recalled when staff had met with the Commission it was mentioned that different streets might have different trees; she asked if this was still being considered; Mr. Tripp noted that this was not addressed in the ordinance, but it is something that staff can look at in the future; Commission Member Daulton asked if this could be a suggestion to developers, and Mr. Tripp noted that this is possible; Mr. Tripp stated that he felt this would be evolving over time, and it will be a learning process for everyone; further, he noted that certain developments may copy the trees that their neighbors have or we may find that there is a certain look that has occurred and we think it looks good; and WHEREAS, Mr. Taliaferro noted that this is something that could be addressed at the next work session, if the Planning Commission would like to discuss this further; and WHEREAS, Commission Member Robertson noted that he thought it would look very nice to have a consistent tree pattern at certain times of the year; he further noted he thought the Commission should take a look at this; and WHEREAS, there was further discussion regarding tree varieties, etc.; and WHEREAS, Commission Member Daulton noted she thought it would be nice if Ms. Carson, City Horticulturist, could come and talk to the Commission about the different varieties of trees and what their values would be; and WHEREAS, Melinda Payne, Director of Planning & Economic Development noted that staff is pleased to see we will now be able to do something with these areas where people have commented that 11 there is too much asphalt and concrete; this ordinance will help to break that up; in particular, West Main Street is one of those areas where we have been criticized quite a bit; and ON MOTION MADE 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 Chapter 106, Article II District Regulations, Section 106-230 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to an urban forest overlay district be amended as follows: CHAPTER 106 ARTICLE II DISTRICT REGULATIONS 106-230 Urban Forest Overlay District. 106-230.1 Statement of Intent. (A) It is the intent of the Urban Forest Overlay District to promote healthy tree canopies within the City of Salem. The standards contained in this district help to increase both the number and size of trees in new development. These types of plants are important to maintaining general health as they reduce temperatures caused by urban heat islands, absorb carbon dioxide and other pollutants, and emit oxygen. This ordinance shall not apply to parcels zoned RSF or RMF. 106-230.3 Establishment of Urban Forest Overlay District. (A) Urban Forest Overlay Districts shall include all parcels with frontage on one or more of the following roads: 1. West Main Street – Between 4th Street and the Western City Limits 2. East Main Street – Between Thompson Memorial and Route 419. 3. Route 419. 4. Apperson Drive. 5. 4th Street – Between West Main Street and Union Street. 6. Wildwood Road 12 7. Thompson Memorial Drive. 106-230.5 Development Regulations. (A) Development regulations within the Urban Forest Overlay District shall be as specified in the underlying zoning districts, with the following additions: 1. A minimum of one tree, selected from Section 106-230.9, per acre. Approved Tree Species in the Urban Forest Overlay District, shall be planted within the interior parking lot. Development on less than one acre shall also contain a minimum of one tree. No development shall be required to have more than five trees. Where multiple trees are required, a mix of different species from the list is encouraged. 2. In addition to item 1, when a new, expanded, or reconfigured parking area is required or proposed adjacent to a public street rights-of-way, one tree selected from Section 106-230.9 Approved Tree Species in the Urban Forest Overlay District shall be planted at 100 foot intervals, starting at the designated rights-of-way intersection, in order to maximize the beneficial environmental effects. All trees shall be planted ten feet behind the curb with a minimum eight foot radius landscaped area surrounding it. This requirement may be modified to allow for ingress and egress areas, signage or for other reasons at the discretion of the administrator. A list of planting locations shall be kept in the Department of Inspections and Zoning. 3. All approved trees shall have a minimum caliper of three inches dbh (diameter at breast high) at the time of planting, be trained to a central leader, and have a minimum height of five feet. 4. Non-approved tree species may be used at the discretion of the administrator. 13 5. The locations of tree plantings may be left to the developer, but must be approved during the site plan review process. 6. The preservation of appropriate existing mature trees is encouraged and may count towards the required number of trees at the discretion of the administrator. 106-230.7 Administration. (A) All trees shall be locally adapted to the area and shall meet the specifications for the measurement, quality, and installation of trees outlined in this chapter. (B) Landscaping shall not obstruct the view of motorists using any street, private driveway, parking aisles or the approach to any street intersection so as to constitute a traffic hazard or a condition dangerous to the public safety upon any such street, driveway, parking aisle, or street intersection. Required sight distances shall apply to street trees. Larger trees with a central leader should be limbed up a minimum of eight feet for visibility and access. Trees with multiple leaders should be thinned. Any sight obstruction determined by the administrator shall be corrected immediately. (C) The owner shall be responsible for the perpetual maintenance and protection of all trees required by this ordinance. (D) Replacement of trees is permitted and shall be in accordance with the applicable provisions of this ordinance. Dead, unhealthy, or misshapen trees shall be replaced immediately by the owner. (E) Maintenance includes actions necessary to keep trees neat and orderly in appearance and free of litter and debris. Pruning of trees shall be done in a manner that preserves the character of the tree and is not detrimental to the health of the tree. 14 (F) The administrator shall have the authority to enforce the requirements of this ordinance. 106-230.9 Approved Tree Species in the Urban Forest Overlay District. (A) These tree species have been selected to grow to a minimum height of 20 feet and for other criteria such as absorption of ozone or particulate matter. Approved Trees: (NOTE: pH and soil samples are strongly recommended before selecting a particular species.) Interior Parking Lots Size at Maturity Shape As required under 106-203.5 A1. ‘Regal’ Elm 55’ tall x 30’ wide Pyramidal ‘Allee’ El 60’ tall x 50’ wide Vase ‘Regal’ Elm 55’ tall x 30’ wide Pyramidal ‘Autumn Blaze’ Maple 50’ tall x 40’ wide Oval ‘Red Sunset’ Maple 50’ tall x 40’ wide Oval ‘Armstrong’ Maple 60’ tall x 15’ wide Fastigiated Pin Oak 70’ tall x 40’ wide Pyramidal Willow Oak 60’ tall x 40’ wide Pyramidal ‘Green Vase’ Zelkova serrata 65’ tall x 45’ wide Vase Roadside Planting Strips Size at Maturity Shape As required under 106-203.5 A2. Redbud 25’ tall x 25’ wide Rounded Serviceberry varieties 20’ tall x 15’ wide Oval Star Magnolia 20’ tall x 20’ wide Pyramidal Hedge maples 35’ tall x 30’ wide Oval ‘Winter King’ Hawthorn 20’ tall x 20’ wide Pyramidal Disease resistant 15 Crabapple varieties 20’ tall x 20’wide Rounded Crepe Myrtle 20’ tall x 20’ wide Vase Snowgoose Cherry 20’ tall x 20’ wide Oval Yoshino Cherry 35’ tall x 35’ wide Rounded Kwanzan Cherry 35’ tall x 35’ wide Vase – the roll call vote: all aye. WHEREAS, Chairman Smith noted Kevin Boggess, City Manager- Elect, was in attendance at the meeting; he welcomed him and noted he was glad he was able to attend. There being no further business to come before the Commission, the same on motion adjourned at 7:25 p.m.