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HomeMy WebLinkAbout2/13/2008 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION February 13, 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 February 13, 2008, there being present the following members of said Commission, to wit: Gardner W. Smith, Jimmy W. Robertson, Vicki G. Daulton, and Bruce N. Thomasson (Terrance D. Murphy – absent); with Gardner W. Smith, Chairman, presiding; together with Melinda J. Payne, Director of Planning and Development; William L. Simpson, Jr., Assistant City Engineer; Charles B. Aldridge, Sr., Acting Building Official and Zoning Administrator; Benjamin W. Tripp, Planner; Krystal M. Coleman, Deputy Clerk of Council; and William C. Maxwell, Assistant City Attorney; and the following business was transacted: ON MOTION MADE BY COMMISSION MEMBER ROBERTSON, AND DULY CARRIED, due to the absence of the Executive Secretary and Assistant Executive Secretary, Krystal M. Coleman is hereby appointed Executive Secretary Pro Tem for this meeting of the City of Salem Planning Commission – the roll call vote: all present – aye. ON MOTION MADE BY COMMISSION MEMBER THOMASSON, AND DULY CARRIED, the minutes of the regular meeting and work session held on January 1 6, 2008, were approved as written – the roll call vote: all present - aye. In re: Request of Valley Associates LLC, property owner, for the issuance of a Special Exception Permit to allow a medical office/clinic on the property located at 1618 West Main Street (Tax Map #139-4-5.1) The Executive Secretary Pro Tem reported that this date and time had been set to hold a public hearing to consider the request of Valley Associates LLC, property owner, for the issuance of a Special Exception Permit to allow a medical office/clinic on the property located at 1618 West Main Street (Tax Map #139-4-5.1); and 2 WHEREAS, the Executive Secretary Pro Tem further reported that notice of such hearing had been published in the January 31 and February 7, 2008, issues of Salem Times-Register, and adjoining property owners were notified by letter mailed February 1, 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 petitioner came before the Planning Commission at the January 2008 meeting to request a rezoning to HBD Highway Business District; City Council will consider the rezoning on second reading at the February 11th meeting; this request is for a Special Exception Permit to allow the operation of a dental office; and there are no known issues related to this request; and WHEREAS, Steve Mullins, agent representing Valley Associates LLC, 530 Stonewall Street, Salem, appeared before the Commission explaining the Special Exception Permit request; he noted that the primary purchaser has indicated the proposed building would be approximately 7,000 square feet, and one-half would be used for a dental office; and WHEREAS, Commission Member Thomasson asked if the purchaser would own the entire building and also occupy a portion; Mr. Mullins noted that they would own the entire building; he further noted that initially they are proposing a 7,000 square foot building with 3,500 to be used for the dental practice; then, at a later date, they would like to add onto the building if there is enough space to support an addition; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE 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 the request of Valley Associates LLC, property owner, for the issuance of a Special Exception Permit to allow a medical office/clinic on the property located at 1618 West Main Street (Tax Map #139-4-5.1) be approved as presented – 3 the roll call vote: all present - aye. In re: Consider amending Chapter 106, Article II District Regulations, Section 106-210.2(A); Article III Use and Design Standards, Section 106-314.2; and Article VI Definitions and Use Types, Section 106-602.13 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to allowing mixed-use structures in DBD – Downtown Business District zoning The Executive Secretary Pro Tem reported that this date and time had been set to hold a public hearing to consider amending Chapter 106, Article II District Regulations, Section 106-210.2(A); Article III Use and Design Standards, Section 106-314.2; and Article VI Definitions and Use Types, Section 106-602.13 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to allowing mixed- use structures in DBD – Downtown Business District zoning; and WHEREAS, the Executive Secretary Pro Tem further reported that notice of such hearing had been published in the January 31 and February 7, 2008, issues of Salem Times-Register; 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 allowing different uses within the same structure in the DBD zoning district; accordingly, Article III Use and Design Standards, Section 106-314 Miscellaneous Uses is being amended to incorporate the addition of this use; lastly, a definition of a mixed use structure is being added to Article VI Definitions and Use Types, Section 106-692.13 Miscellaneous use types; currently the city’s zoning ordinance does not allow uses such as residential, office and restaurants to coexist within the same building; a few currently exist, mainly apartments over storefronts, but they are grandfathered; and allowing mixed uses encourages flexibility in development and adds to the vibrancy of downtown; and 4 WHEREAS, Ben Tripp, Planner, appeared before the Commission explaining the proposed ordinance amendments; he noted the purpose of the changes is to allow different uses to co-exist within a single building in the Downtown Business District zoning; further, the proposed amendments also outline some standards for new mixed- use construction; and WHEREAS, no other person(s) appeared related to said request; 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 106-210.2(A); Article III Use and Design Standards, Section 106-314.2; and Article VI Definitions and Use Types, Section 106-602.13 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to allowing mixed-use structures in DBD – Downtown Business District zoning be amended as follows: CHAPTER 106 ARTICLE II DISTRICT REGULATIONS Sec. 106-210.2. Permitted uses. (A) The following uses are permitted by right in the DBD Downtown Business 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. 7. Miscellaneous Use Types Mixed Use Structure * Utility Service, Minor ARTICLE III. USE AND DESIGN STANDARDS Sec. 106-314. Miscellaneous uses. Sec. 106-314.2. Mixed use structure. (A) Intent: The following minimum standards are established in recognition that mixed use, often multi-floor, structures are desirable within the downtown business district. Mixed use structures allow maximum flexibility in the designation of different areas of a single structure for different uses. Uses coexisting within the same building include, but are not limited to, loft 5 apartments, condos, retail, office space, and restaurants. Generally non-residential uses should be designated for the first floor of multi-floor buildings to encourage pedestrian traffic and to avoid the creation of dead zones. When available the facades and characteristics of existing and surrounding buildings should be maintained. (B) General Standards: 1. Applicants for the Mixed Use Structure developments shall submit a site plan in accordance with Section 106-400 of this chapter, along with sufficiently detailed layouts for each floor of the building, designating the specific areas dedicated to each different use. The submitted site plan shall be approved by the city prior to commencing development of the site. 2. Residential uses shall be allowed only in the same structure as an office or commercial use type. Common entrances are encouraged. 3. The office or commercial use type must occupy at least the first floor of the structure, and should be configured so as to be pedestrian friendly. 4. New construction or construction involving the demolition of existing buildings shall be of scale and construction materials so as to be appropriate with existing surrounding buildings. Materials and types of construction that should be given consideration include, but are not limited to: a. Brick façades b. Cornices, parapets, molding, lintels and other externally visible decorations c. Roof lines d. Windows. 5. Major revisions to the final site plan shall be reviewed and approved following the procedures and requirements for Site Plan Review contained in Section 106-400 of this chapter. Major revisions include, but are not limited to changes such as: a. Any increase in the density of the development; b. Substantial change in circulation or access; c. Substantial change in the mixture of dwelling unit types included in the project; 6 d. Substantial changes in the mixture of uses or an increase in the amount of space devoted to non-residential purposes; e. Reduction in the approved open space, landscaping or buffering; f. Substantial change in architectural or site design features of the development; g. Any other change that the administrator finds is a major divergence from the approved final master plan. 6. All other changes in the final site plan shall be considered minor amendments. The administrator, upon receipt of a written request of the owner, may approve such minor amendments. A request which is disapproved by the administrator shall be considered a major amendment and shall be subject to the approval process outlined above for such amendments. 7. A homeowner’s/property owner’s association shall be created for each Mixed Use Structure development. The association shall be responsible for the perpetual maintenance of the property and any open space or common areas within the development. 8. Parking for residents and employees shall be located on-site and shall be provided according to the schedule listed in Section 106-404.17 Minimum Parking Required. ARTICLE VI. DEFINITIONS AND USE TYPES Sec. 106-602.13. Miscellaneous use types. Mixed use structure – A mixed use structure is a single building wherein multiple uses such as residential and commercial share space. – the roll call vote: all present - aye. In re: Consider amending Chapter 106, Chapter 106, Article II District Regulations, Section 106-202.3(A) of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to establishing a minimum lot width in RSF – Residential Single Family District zoning AND 7 In re: Consider amending Chapter 106, Article II District Regulations, Section 106-204.3(A) of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to establishing a minimum lot width in RMF – Residential Multi-Family District zoning The Executive Secretary Pro Tem reported that this date and time had been set to hold a public hearing to consider amending Chapter 106, Article II District Regulations, Section 106-202.3(A) of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to establishing a minimum lot width in RSF – Residential Single Family District zoning and to consider amending Chapter 106, Article II District Regulations, Section 106-204.3(A) of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to establishing a minimum lot width in RMF – Residential Multi-Family District zoning; and WHEREAS, the Executive Secretary Pro Tem further reported that notice of such hearing had been published in the January 31 and February 7, 2008, issues of Salem Times-Register; and WHEREAS, staff noted the following: this request is to amend Chapter 106, Article II, pertaining to district regulations, in order to specify a minimum lot width in the RSF Residential Single Family and RMF Residential Multi-Family District zoning districts; currently the city’s zoning ordinance does not define minimum lot width; and WHEREAS, Ben Tripp appeared before the Commission explaining the proposed ordinance amendments; he noted the purpose of the ordinance changes is clarify the existing regulations by adding a width requirement of 75 feet; and WHEREAS, Melinda Payne, Director of Planning and Development, noted that they wanted to make sure the Commission understood the purpose; there has been some instances with lots that may have 75’ of frontage, however, they get narrower at the rear; this ordinance will assist the Building Official to better enforce the code; and WHEREAS, Chuck Aldridge, Acting Building Official and Zoning Administrator, noted that he thought staff intended to include this in the new zoning ordinance but for some reason it was not; and 8 WHEREAS, no other person(s) appeared related to said requests; ON MOTION MADE COMMISSION MEMBER DAULTON, 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 106-202.3(A) of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to establishing a minimum lot width in RSF – Residential Single Family District zoning be amended as follows: Sec. 106-202.3. Site Development Regulations (A) Minimum Lot Requirements. 3. Width: 75 feet. – the roll call vote: all present - aye. ON MOTION MADE COMMISSION MEMBER DAULTON, 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 106-204.3(A) of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to establishing a minimum lot width in RMF – Residential Multi-Family District zoning be amended as follows: Sec. 106-204.3. Site Development Regulations (A) Minimum Lot Requirements. 3. Width: 75 feet. – the roll call vote: all present - aye. In re: Consider amending Chapter 106, Article IV Development Standards, Section 106-402.13(A) of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to interior landscaping standards for parking lots. The proposed amendment would require landscaping in parking lots 5,000 square feet or greater The Executive Secretary Pro Tem reported that this date and time had been set to hold a public hearing to consider amending Chapter 106, Article IV Development Standards, Section 106- 402.13(A) of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to interior landscaping standards for parking lots; the proposed amendment would require landscaping in parking lots 5,000 square feet or greater; and 9 WHEREAS, the Executive Secretary Pro Tem further reported that notice of such hearing had been published in the January 31 and February 7, 2008, issues of Salem Times-Register; and WHEREAS, staff noted the following: this request is to amend Chapter 106, Article IV, pertaining to development standards, in order to modify the size at which landscaping is required; currently landscaping is only required in parking areas greater than 10,000 square feet; this will lower the threshold to 5,000 square feet to match the size at which stormwater management is required; and WHEREAS, Ben Tripp appeared before the Commission noting that the proposed change will bring the size at which landscaping is required for a new parking lot into line with the size at which stormwater management is required so they will be in agreement; and WHEREAS, no other person(s) appeared related to said requests; 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 IV Development Standards, Section 106-402.13(A) of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to interior landscaping standards for parking lots be amended as follows: Sec. 106-402.13. Interior landscaping standards for parking lots. (A) The following minimum standards for interior parking lot landscaping shall be met for all new, expanded or reconfigured parking areas containing 10,000 5,000 square feet or more of impervious area. – the roll call vote: all present - aye. 10 In re: Consider amending Chapter 106, Article IV Development Standards, Section 106-400.9(F) & (G) of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to minimum standards and improvements required (related to stormwater management) AND In re: Consider amending Chapter 78, Article VI Requirements for Design Standards and Public Improvements, Section 78-636 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to stormwater management The Executive Secretary Pro Tem reported that this date and time had been set to hold a public hearing to consider amending Chapter 106, Article IV Development Standards, Section 106-400.9(F) & (G) of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to minimum standards and improvements required (related to stormwater management) and to consider amending Chapter 78, Article VI Requirements for Design Standards and Public Improvements, Section 78-636 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to stormwater management; and WHEREAS, the Executive Secretary Pro Tem further reported that notice of such hearing had been published in the January 31 and February 7, 2008, issues of Salem Times-Register; and WHEREAS, staff noted the following: this request is to amend Chapter 106, Article IV, pertaining to development standards and Chapter 78, Article VI, pertaining to Design Standards, in order to reference the new storm water management ordinance; currently these sections direct readers to Chapter 30 Environmental of the City Code, where regulations regarding storm water management were located; since a new storm water management ordinance has been adopted these sections need to be changed to reference it; and WHEREAS, Ben Tripp appeared explaining the proposed changes were requested by the City Engineer; he noted that the current wording references the previous section for stormwater management, and the new wording will reference the new stormwater management ordinance; and 11 WHEREAS, no other person(s) appeared related to said requests; ON MOTION MADE 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 IV Development Standards, Section 106-400.9(F) & (G) of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to minimum standards and improvements required (related to stormwater management) be amended as follows: Sec. 106-400.9. Minimum standards and improvements required. (F) Stormwater management facilities shown on site plans shall conform to applicable city ordinances as determined by the city engineer be designed and implemented in accordance with the provisions of Chapter 30, Article IV, of the City Code. (G) Erosion and sedimentation control plans shall be designed and implemented in accordance with the provisions of Chapter 36 Chapter 30, Article III, of the City Code. – the roll call vote: all present - aye. 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 78, Article VI Requirements for Design Standards and Public Improvements, Section 78-636 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to stormwater management be amended as follows: Sec. 78-636. Stormwater management required. (a) The subdivider shall design and construct stormwater management facilities for the subdivision. The design shall include, but not be limited to, an analysis of: proposed stormwater drainage facilities, pre- and post-development stormwater runoff calculations, impacts on downstream properties, impacts upon downstream stormwater management facilities, and existing and potential runoff from upstream drainage areas. All designs for stormwater management shall be in accordance with 12 professionally accepted hydraulic engineering practices, the Virginia Erosion and Sediment Control Handbook or any later, comparable source, and stormwater management policies of the city, including Chapter 30, Article IV, of the City Code. – the roll call vote: all present - aye. In re: Consider amending Chapter 78, Article VI Requirements for Design Standards and Public Improvements, Section 78-607 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to lot orientation. The proposed amendment would prohibit reverse frontage lots, unless waived by the City of Salem Planning Commission. The Executive Secretary Pro Tem reported that this date and time had been set to hold a public hearing to consider amending Chapter 78, Article VI Requirements for Design Standards and Public Improvements, Section 78-607 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to lot orientation; the proposed amendment would prohibit reverse frontage lots, unless waived by the City of Salem Planning Commission; and WHEREAS, the Executive Secretary Pro Tem further reported that notice of such hearing had been published in the January 31 and February 7, 2008, issues of Salem Times-Register; and WHEREAS, staff noted the following: this request is to amend Chapter 78, Article VI, pertaining to design standards, in order to prohibit lots with reverse frontage; reverse frontage lots are generally disallowed in order to encourage more orderly development; and the planning commission will have the authority to allow them in certain situations if desired; and WHEREAS, Ben Tripp appeared before the Commission explaining the proposed ordinance amendment; he noted this change will prohibit lots with street frontage on both the front and rear yards; further, it will encourage more orderly development, and Planning Commission will have the right to waive the amendment, if they deem it necessary; and WHEREAS, no other person(s) appeared related to said requests; 13 ON MOTION MADE 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 78, Article VI Requirements for Design Standards and Public Improvements, Section 78-607 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to lot orientation be amended as follows: Sec. 78-607. Lot orientation. (b) No lot shall have reverse frontage on any public street. Planning Commission may waive this requirement. – the roll call vote: all present - aye. In re: Consider amending Chapter 78, Article VI Requirements for Design Standards and Public Improvements, Section 78-600 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to suitability of land for subdivision. The proposed amendment would require lots in all new subdivisions to lie wholly within the City of Salem municipal boundary. The Executive Secretary Pro Tem reported that this date and time had been set to hold a public hearing to consider amending Chapter 78, Article VI Requirements for Design Standards and Public Improvements, Section 78-600 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to suitability of land for subdivision; the proposed amendment would require lots in all new subdivisions to lie wholly within the City of Salem municipal boundary; and WHEREAS, the Executive Secretary Pro Tem further reported that notice of such hearing had been published in the January 31 and February 7, 2008, issues of Salem Times-Register; and WHEREAS, staff noted the following: this request is to amend Chapter 78, Article VI, pertaining to Design Standards, in order to require lots in new subdivisions to lie wholly within the city’s municipal boundary; subdividing lots across municipal boundaries makes administration difficult because two localities are involved; amending this section will provide greater clarity to residents who purchase these lots; and 14 WHEREAS, Ben Tripp explained the proposed amendment will require all newly subdivided lots to lie wholly within the city limits; he further noted in the past when lots have been split by the municipal boundary, questions have arisen over which locality is responsible for what services; and WHEREAS, Chairman Smith noted that he thought in the past staff has negotiated with the developer when this has occurred in a subdivision; and WHEREAS, Mr. Tripp noted that this is still done; and WHEREAS, Commission Member Daulton asked if a developer proposes to subdivide property that currently lies within two jurisdictions, how would it be handled; Ms. Payne noted that there is a pending subdivision that will be “grandfathered” with regards to the proposed ordinance; however, in the future, any new lots would have to be wholly within the city’s boundary; and WHEREAS, no other person(s) appeared related to said requests; 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 78, Article VI Requirements for Design Standards and Public Improvements, Section 78-600 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to suitability of land for subdivision be amended as follows: Sec. 78-600. Land must be suitable. (c) All lots subdivided under the authority of this chapter shall lie wholly within the municipal boundary of the City of Salem. – the roll call vote: all present - aye. There being no further business to come before the Commission, the same on motion adjourned at 7:17 p.m.