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HomeMy WebLinkAbout2/14/2007 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION February 14, 2007 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 14, 2007, there being present all the following 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; William L. Simpson, Jr., Assistant 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 MURPHY, AND DULY CARRIED, the minutes of the regular meeting and work session held on December 1 3, 2006, were approved as written – the roll call vote: all present – aye. In re: Request of Lester K. Jr. & Frances W. Stover and Roy S. & Ruby W. Nelson, property owners, and Tammy A. Baughman & Katrina M. Baker, lessees, for rezoning the property located at 1529 Apperson Drive (Tax Map # 249-1-3) from LM Light Manufacturing District to HBD Highway Business District The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of Lester K. Jr. & Frances W. Stover and Roy S. & Ruby W. Nelson, property owners, and Tammy A. Baughman & Katrina M. Baker, lessees, for rezoning the property located at 1529 Apperson Drive (Tax Map # 249-1-3) from LM Light Manufacturing District to HBD Highway Business District; and 2 WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the February 1 and 8, 2007, issues of the Salem Times-Register, and adjoining property owners were notified by letter mailed February 2, 2007; and WHEREAS, staff noted the following: the subject property consists of one parcel located along Apperson, east of the intersection with Electric Road (Route 419), formerly a furniture store; it is bordered on the north side by the Norfolk and Southern Railway; the lot is approximately 40,000 square feet in size; this request is to rezone the property from LM Light Manufacturing District to HBD Highway Business District; the applicant has been required by the City to petition for rezoning in order to accommodate an existing “café” within the Buy the Season store that was installed without prior approval; the café has been constructed but is not currently operating; assembly area uses, such as restaurants, are not allowed within the current zoning; Mr. Chuck Aldridge, City Building Inspector and Zoning Administrator, became aware of the problem when the applicant applied for a business license in January; the license was not approved, and the applicant was advised they were out of compliance with the current zoning of the property; Rezoning this property to HBD will allow the operation of the “café” within the store; and currently, the zoning does not allow this use; and WHEREAS, Katrina Baker of 1430 Campbell Avenue, Roanoke, lessee, appeared before the Commission explaining the request to rezone this property from LM Light Manufacturing District to HBD Highway Business District; and she noted that there will not be a lot of heavy duty cooking — mostly sandwiches, soups, baked goods, etc.; and 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 3 Lester K. Jr. & Frances W. Stover and Roy S. & Ruby W. Nelson, property owners, and Tammy A. Baughman & Katrina M. Baker, lessees, for rezoning the property located at 1529 Apperson Drive (Tax Map # 249-1-3) from LM Light Manufacturing District to HBD Highway Business District be approved as presented – the roll call vote: all aye. In re: Request of Fine Line Interiors, LLC, contract purchaser, and Daniel & Elaine Towe, property owners, for rezoning the property located at 700 South Colorado Street (Tax Map # 159-10-1) from RSF Residential Single Family District and RB Residential Business District to HBD Highway Business District The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of Fine Line Interiors, LLC, contract purchaser, and Daniel & Elaine Towe, property owners, for rezoning the property located at 700 South Colorado Street (Tax Map # 159-10-1) from RSF Residential Single Family District and RB Residential Business District to HBD Highway Business District; and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the February 1 and 8, 2007, issues of the Salem Times-Register, and adjoining property owners were notified by letter mailed February 2, 2007; and WHEREAS, staff noted the following: the subject property consists of one parcel located at the southeast corner of the intersection of South Colorado Street and Fifth Street; the property is currently occupied by an older single family residence, which has been converted for commercial use; the parcel is approximately 11,250 square feet and is currently split-zoned RSF/RB according to the City zoning map; this request is for the rezoning of the property from RSF/RB to HBD to allow construction sales and services; Fine Line Interiors, LLC, is a family-owned custom woodworking boutique that caters to restoration projects and 4 specialty architecture; the applicant states that they intend to restore and use the existing residence as offices and construct a detached metal building behind the house for woodworking; the business currently employs a total of three people; the applicants state that the workshop building will be approximately 1,200 square feet, and that they will not park any heavy equipment at the site; the applicants have also noted they will “tastefully landscape the property and upgrade the house to reflect the design and quality” they use in their business; and WHEREAS, Carey Clause of 732 Cherrywood Road, Salem, contract purchaser and co-owner of Fine Line Interiors, appeared before the Commission explaining the proposed request to allow this property to be used for a custom woodworking boutique; he noted that they design and build interiors, and most of the work is done on site, but they do custom built items, which are built in their shop; and he showed the Commission a representation of some of the items that they can build; and WHEREAS, Chairman Smith asked Mr. Clause if the proposed building would be a workshop, and Mr. Clause noted that was correct; Mr. Clause also noted that the company consists of himself, his wife, and son, and the workshop is basically a personal shop; and WHEREAS, Commission Member Daulton noted in their letter to the Commission that they are proposing tasteful landscaping; she asked Mr. Clause what he would consider tasteful landscaping; Mr. Clause noted that they will not have a lot of trucks coming and going from their location; their improvements will accommodate the existing house architecturally as well as their neighbors’ properties, and the general look of the entire neighborhood; they feel it is really important for Fine Line Interiors to present what they represent throughout the valley in the way they look at things; Mrs. Daulton asked Mr. Clause if they plan to change the front of the house at all, and Mr. Clause noted he plans to address the Victorian nature of the house and try to restore and enhance it because this is what they are about; and 5 WHEREAS, Vice Chairman Murphy noted they had a rendering of the property in their information; he asked Mr. Clause if the fencing would encompass the workshop and parking, etc., and Mr. Clause noted that the parking will be in the rear, and there will be no outside storage of materials; and WHEREAS, Commission Member Robertson noted that he was very impressed with the letter submitted by the petitioners and the fact that they value being a part of the City of Salem; and WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE 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 Fine Line Interiors, LLC, contract purchaser, and Daniel & Elaine Towe, property owners, for rezoning the property located at 700 South Colorado Street (Tax Map # 159-10-1) from RSF Residential Single Family District and RB Residential Business District to HBD Highway Business District be approved as presented – the roll call vote: all aye. In re: Request of Robert A. and Phyllis I. Brugh, property owners, for rezoning the property located at 1226 Lynchburg Turnpike (Tax Map # 149-1-2) from RSF Residential Single Family to TBD Transitional Business District with proffered conditions The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of Robert A. and Phyllis I. Brugh, property owners, for rezoning the property located at 1226 Lynchburg Turnpike (Tax Map # 149-1-2) from RSF Residential Single Family to TBD Transitional Business District with proffered conditions; and 6 WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the February 1 and 8, 2007, issues of the Salem Times-Register, and adjoining property owners were notified by letter mailed February 2, 2007; and WHEREAS, staff noted the following: the subject property consists of one parcel located at the corner of the Lynchburg Turnpike and Texas Street; the lot is approximately .318 acre and is bordered by vacant land, residences and office buildings; this request is for a rezoning from RSF to TBD to allow a three to four room “bed and breakfast like” boutique inn (hotel); the applicants state that the property has been rented for the last eighteen years and has been a source of problems for neighbors; further, he had not been successful in selling the property for use as a single family residence; the applicants have consistently referred to their proposal as a “bed and breakfast” business; however, the City of Salem Zoning Ordinance defines a bed and breakfast as a Homestay Inn, which is subject to certain standards as outlined in Article III Use and Design Standards of the ordinance; Section 106- 310.9 states that “the owner or owner’s family shall reside on the same parcel occupied by the Homestay Inn”; the applicants have stated they do not intend to live on the site; therefore, staff determined that this particular proposal would then qualify as a hotel under the current zoning ordinance, the difference being that in a bed and breakfast the owner operates the business within their home; once the owner no longer resides at the location of the inn, the use now becomes a hotel even if it is owner operated, because the function of the business no longer occurs within a residence; the applicants are aware of the above referenced peculiarity of the zoning ordinance and, as advised by staff, filed this petition under the hotel use; the applicants state they intend to repair or replace the existing fencing, replace the front porch, install extensive landscaping, replace windows, add privacy screening to a parking area, install stone walkways, and generally keep the residential look and feel of the property; the applicant is voluntarily proffering the following conditions: 1) uses will be 7 restricted to allow only the following: single family residence, home occupation, general offices, antique shop, business support services, hotel/motel/motor lodge (the intended use) and fine arts studio; 2) should the inn expand to more than six rooms, or the use change to any of the others, then the entrance from Lynchburg Turnpike will be closed, and all ingress and egress shall be from Texas Street; and WHEREAS, Robert Brugh of 321 Pennsylvania Avenue, property owner, appeared before the Commission explaining the proposed request to allow the property to be used for a three to four room “bed and breakfast style” inn; he noted that they are proposing an intimate, upscale establishment that they feel will be a benefit to the Salem Civic Center, football stadium, etc. by providing an alternative to hotels and motels; they plan to keep the architectural integrity of the house and will make significant improvements to the outside of the house; he noted the inn will be three to four rooms depending on if they will be required to be ADA compliant; he noted that the house has been used as a rental house for quite a few years, and it has been a constant source of problems for the area; due to the location, he has not been successful in selling the property for residential use, and they feel the proposed use will be a good transition from the heavy commercial use located across the street and the office uses located on Texas Street; he further discussed the proposed improvements to be made to the property, such as stone walks, landscaping, replacement windows, screening, etc.; he noted that they have proffered two conditions in regards to the proposed rezoning; first, uses will be restricted to allow only the following: single family residence, home occupation, general offices, antique shop, business support services, hotel/motel/motor lodge (the intended use) and fine arts studio; and second, should the inn expand to more than six rooms, or the use change to any of the others, then the entrance from Lynchburg Turnpike will be closed, and all ingress and egress shall be from Texas Street; and 8 WHEREAS, Commission Member Thomasson asked Mr. Brugh how they planned to market or advertise the proposed business, and Mr. Brugh noted that they will probably use resources at Roanoke College as well as the Virginia Bed and Breakfast and Innkeepers Association and the Chamber of Commerce; he noted that he does not think it will take a lot of advertising and feels that once it is open and running word of mouth will help; he noted that he and his wife tried to stay at the Inn at Burwell during the week and were not able to get a room; further, he noted that they are proffering to change the entrance to Texas Street if the inn should expand to more than six rooms; also, he feels that there should be less traffic with the proposed use than it has had as a rental property; and WHEREAS, Commission Member Daulton asked Mr. Brugh how they would handle the breakfast because it was her understanding that depending on what they did the health department could possibly be involved; Mr. Brugh noted that they plan to have the health department come out and take a look; he further noted that his wife’s intentions are to offer more like a full gourmet breakfast, such as egg casserole, pastries, etc., but if the cost is too prohibitive to do this, then they will probably do a more scaled back breakfast with coffee, pastries, etc.; they intend on upgrading the kitchen unless it becomes too involved; and WHEREAS, Commission Member Daulton asked if the house currently has four bedrooms, and Mr. Brugh noted that it has three bedroom upstairs and there is a room downstairs that they can modify to make the fourth bedroom, which they can use for the ADA compliant room; Mrs. Daulton asked if there would be a parlor for the guests, and Mr. Brugh noted that there would be a parlor, a study or library room, and also a dining room; Mrs. Daulton asked Mr. Brugh if the guests would have to share bathrooms, and Mr. Brugh noted that all the rooms will have private bathrooms; he further noted that they will be adding two bathrooms, and if they are required to have an ADA room, then they will upgrade one half bath to a full bath; and 9 WHEREAS, Commission Member Robertson asked Mr. Brugh if they would be adding parking, and Mr. Brugh noted that there is an area in the front where they can provide parking in a semi-circle, and he plans to install privacy screening to block the cars from the view of Mrs. Burton’s house who lives across the street on Lynchburg Turnpike; and WHEREAS, Mr. Brugh noted they want to do something to improve the looks of the house and the grounds, and stop the problems that have been created by renting the property; they feel this will be a good use for the property; and WHEREAS, Commission Member Thomasson asked Mr. Brugh if he had a completion date to get the house ready; Mr. Brugh noted that they plan to move pretty quickly, but that he will not do anything until the second vote by City Council; further, he believes that it can be done in approximately six weeks to three months depending on the ADA room and what they will have to do to upgrade the kitchen; and WHEREAS, Vice Chairman Murphy asked Mr. Brugh if he and his wife would actually be operating the inn, and Mr. Brugh noted that they would be operating it; Mr. Murphy asked Mr. Brugh if they were to expand the inn later on, where would the additional rooms be added; Mr. Brugh noted that any expansion to the house would be on the property they currently own adjacent to this one and that property is zoned R-B Residential Business; if this were to occur, then they would have to come back before the Commission and ask to rezone that property to Transitional Business District; he does not foresee this happening, but he does not want to say that and then later decide they want to expand; and WHEREAS, Vice Chairman Murphy noted that he had questions about the fact that because the inn will not be owner occupied, then the City requires the property to be rezoned to a higher zoning classification; he noted that for the record that perhaps the City needs to take another look at this and research how other bed and breakfasts are classified in other localities; further, he 10 is uncomfortable putting this into a more intense zoning classification and does not feel that it is fair to the petitioner(s); and WHEREAS, Chairman Smith noted that the City’s zoning ordinance requires the owner or owner’s family to reside in the parcel occupied by a homestay inn, so normally for a bed and breakfast the owner would have to live there; because the Brughs will not be residing here, then the City is requiring the approval of the request as a hotel rather than a homestay inn; and WHEREAS, Mr. Brugh further noted that for a homestay inn they would have to rezone to at least RB Residential Business District zoning, and there are some negative uses in the RB zoning as well; so, they have tried to cover this in the proffered conditions; and WHEREAS, Eddie Mullins of 1208 Lynchburg Turnpike appeared before the Commission related to the rezoning request; he noted that he has no complaints with the Brughs making this into an inn as long as they stay within the conditions they are proposing and do not expand it into something really large; he noted that Mr. Brugh mentioned changing the entrance to Texas Street if they do expand, and he thinks this would be a mistake because this is a terrible intersection; he also thinks Mr. Brugh should do something behind the house to shield it from the Morgan property; and WHEREAS, Dennis Morgan of 1218 Lynchburg Turnpike, adjacent property owner, appeared before the Commission noting that Mr. Brugh did give him a copy of the proposed request; he stated that they have lived here for approximately 4½ years, and the property has been rented to families, college students, etc.; he stated that it has not been a good situation and that they are ready for a change; he noted that he has a couple of concerns about the request; first, he noted that the request is for a hotel/motel/motor lodge and inn, the intended use; he does not want to see a Super 8 Motel adjacent on this property; he feels that it needs to remain small; second, Mr. Brugh has proffered that if it 11 should expand to more than six rooms, he does not indicate how many more rooms or how large it will be; if this can be restricted to a maximum number of rooms, then he is not against the request; third, he would like to see some sort of retaining wall or privacy fence along the side adjacent to his property; other than these concerns, he is all for a change and feels this would be a better use than having renters; and WHEREAS, Nora Smith of 1135 Lynchburg Turnpike appeared before the Commission noting the main concern she has is who will be overseeing the inn if the Brughs will not be living there; she wonders if there will be enough supervision and does not understand how this is supposed to work; she also noted that she does not believe there is enough room for parking and feels if this is what he wanted to do with the property, then he should not have sold the lot behind the house; and WHEREAS, Mr. Brugh noted that there are different levels of bed and breakfast and inns and some are owner occupied and some are not; he further noted that the ones that are not owner occupied, the guests use a key pad to check themselves in and then leave the key when they check out; with this setup, there is limited service for breakfast with coffee, muffins, etc.; he noted that some of the larger ones just have someone there at the desk to check you in and out at certain hours of the day and the rest of the time it is not manned; this is not an uncommon practice, and he noted that he has stayed at numerous large and small bed and breakfasts and inns that were not owner occupied; as far as supervision, usually the clientele that would stay in this type of establishment would not need any supervision; there is a security deposit paid up front; the guests usually are professional people or young couples traveling looking for quieter places to stay and just want to have a nice quiet evening; further, Mr. Brugh stated he and his wife only live probably a mile away on Pennsylvania Avenue, and he feels if there were problems, one of the other guests will let them know about it; his wife would be there in the mornings to facilitate breakfast service and check the guests out; he does not feel that supervision of the guests will be a concern; further, he does not 12 have a problem putting up a privacy fence between their property and Mr. Morgan’s property if they can fit it in; and he noted they planted the Leyland Cypress trees originally to provide some privacy between the properties; and WHEREAS, Mr. Brugh noted that the property is not large enough to accommodate a larger motel such as a Rodeway Inn, etc.; as far as expanding the inn, they would have to add onto the structure and then it would probably go onto the property behind it; he does not feel that they can go above six rooms without expanding into that lot, and then they would have to come back before this body for permission; and WHEREAS, Mr. Mullins asked Mr. Brugh if guests would be allowed to have alcohol because he has had enough with the college students having wild parties; Mr. Brugh noted that they certainly do not intend to allow any drunken parties to go on at the house, and they would have the ability to control it now whereas with the college students, they did not have that ability; he cannot say that someone might not have a bottle of wine and sit out on the porch to enjoy it; he would not have any control over this; however, he noted they will have more control in this situation than they did with the college students because if a guest is creating problems, they can ask them to leave; and WHEREAS, Commission Member Daulton asked if they might have wedding receptions and/or parties at the house, and Mr. Brugh noted that he is not sure if this is something that might happen or not because it is not in their initial plan; however, he cannot imagine someone wanting to have a wedding at this location, and he does not think it would accommodate enough people to have a large wedding party here; Mrs. Daulton noted that she does weddings and that he would be surprised at the places people have receptions and/or weddings; Mr. Brugh further noted that this is not part of their plans at this time to do that, and he does not feel that it is large enough to accommodate the parking, etc.; and 13 WHEREAS, Commission Member Daulton asked if this was something the Commission could ask Mr. Brugh to proffer such as no weddings and/or large parties; Assistant City Attorney, Bill Maxwell, noted he supposed this could be done as a proffer, but he is not sure how we would phrase this, such as “no large parties”, and then how do we define large parties; and WHEREAS, there was further discussion regarding the use of the property for weddings, parties, etc.; and WHEREAS, Mr. Brugh noted that his intent is to do something that will transition from the heavy industrial and office uses currently around the property, which it has no break from; further, he believes that this property is the only piece of property that fronts on Texas Street that is not zoned commercially with the exception of a portion of Mr. Whitlow’s property; he noted that he does not want to do anything that will damage the neighborhood or his property value, and that he will be watching out for the surrounding neighborhood; he suggested that he could also proffer that if the property changes hands or the use changes, any construction must be in a style appropriate to the character of the existing structure and the residential neighborhood; and WHEREAS, Assistant City Attorney, Bill Maxwell, noted there was a question about the limitation on the number rooms, and he asked if this had been clarified; it was noted that if they expand to more than six rooms, then they will have to come back before the Commission in order to build on the adjacent property; and WHEREAS, Mr. Mullins noted that he thought the Fire Marshal would have some control on the number of individuals who could be in the structure, and Chuck Aldridge, Acting Building Official and Zoning Administrator, noted that his office handles the Certificates of Occupancy, and the structure would have a maximum number of occupants; and 14 WHEREAS, Commission Member Robertson noted that Mr. Brugh has specified the uses the property would be restricted to in the proffered conditions, and if the property is sold, those uses will still be tied to the property unless someone comes in and requests to change those conditions; 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 Robert A. and Phyllis I. Brugh, property owners, for rezoning the property located at 1226 Lynchburg Turnpike (Tax Map # 149-1-2) from RSF Residential Single Family to TBD Transitional Business District be approved with the following voluntarily-proffered conditions: (1) uses will be restricted to the following: single family residence, general offices, antique shop, business support services, hotel/motel/motor lodge (the intended use) and fine arts studio; (2) should the inn expand to more than six rooms, or the use change to any of the above with the exception of a single family residence, then the entrance from Lynchburg Turnpike will be closed, and all ingress and egress shall be from Texas Street; and (3) any additional construction will be in a style appropriate to the character of the existing structure and the residential neighborhood – the roll call vote: all aye. In re: Request of Darryl & Myra LaPrade, contract purchasers, and Morton A. & Corinna S. Witt and Michael W. & Cheryl W. Boyd, property owners, for rezoning the property located at 820 Apperson Drive (Tax Map # 247-3-6) from RSF Residential Single Family District to RB Residential Business District The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of Darryl & Myra LaPrade, contract purchasers, and Morton A. & Corinna S. Witt and Michael W. & Cheryl W. Boyd, property owners, for rezoning the property located at 820 Apperson Drive (Tax Map # 247-3-6) from RSF Residential Single Family District to RB Residential Business District; and 15 WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the February 1 and 8, 2007, issues of the Salem Times-Register, and adjoining property owners were notified by letter mailed February 2, 2007; and WHEREAS, staff noted the following: the subject property consists of one parcel located along Apperson Drive near the American Legion; the property is currently occupied by a newer single family residence; the parcel is approximately .596 acres and is zoned RSF; this request is for the rezoning of the property from RSF to RB to allow the operation of a hair styling salon; the applicants state that they would like to relocate their current business, Myra’s Salon & Company, to the site; the applicants state they intend to build an approximately 1,000 square foot addition to the 1,050 square foot existing structure; and staff is concerned how the parking would be handled under this proposal; and WHEREAS, Darryl and Myra LaPrade of 6569 Poages Mill Drive, Roanoke, contract purchasers, appeared before the Commission in support of the rezoning request to allow a hair salon; he noted that they plan to add an addition to the rear of the property and parking will be provided in the front of the house; he presented the Commission a copy of a rough plan showing the addition and noted that they will also have to add handicap access to the structure; and WHEREAS, Pam Smith, realtor representing Darryl and Myra LaPrade, appeared before the Commission in support of the rezoning request; and WHEREAS, Commission Member Thomasson asked Mr. LaPrade approximately how many patrons would they typically see in a day, and Mrs. LaPrade noted probably about 40; she noted that they have nine stations, but they only have seven stylists at the present time and some of those work part time; she further noted they are open from 9 a.m. to 7 p.m. and usually there are no more than three to four customers there at a time; and 16 WHEREAS, Commission Member Robertson asked Mrs. LaPrade if the customers come and go on a fairly steady basis, and she noted that this was correct and that generally when one customer is leaving another one is coming in; and WHEREAS, Mr. LaPrade stated that they had spoken with the neighbors about the request and there did not appear to be any problems; his realtor, Pam Smith, had prepared a letter and gotten signatures from some of the neighbors who support the request; the neighbor to the right, Carl Crotts, has requested that they put up a privacy fence and cut down some of the trees encroaching on his property; Mr. LaPrade noted that they plan to put up the fence, and some of the trees will have to be cut to down to accommodate the parking lot; and WHEREAS, Commission Member Robertson asked if the parking would be in the rear of the property, and Mr. LaPrade noted that it would be in the front; and WHEREAS, Chairman Smith asked if they would provide manicures, pedicures, etc., and Mrs. LaPrade noted that it would be a full- service salon; and WHEREAS, there was further discussion regarding the neighbors who support and are against the request; Mrs. Smith noted that there were two neighbors on Tremont Road who were concerned about commercial property being adjacent to their properties; and WHEREAS, Commission Member Thomasson asked the Director of Planning and Economic Development, Melinda Payne, if the City had been contacted by any of the neighbors, and Ms. Payne noted that the City did not receive any phone calls on this request; and WHEREAS, Garrett Smith, property owner at 730 Apperson Drive, appeared before the Commission in support of the request; he noted that the house he owns is currently rental property, and he has had problems renting it due to the traffic on Apperson Drive; he believes that the best use for this property is a business use; and 17 WHEREAS, Chuck Aldridge, Acting Building Official and Zoning Administrator, noted that a portion of the property in the front of the house is located in the floodway and that portion of the property cannot be filled for the parking lot; and WHEREAS, Commission Member Thomasson stated that this portion of Apperson Drive appears to be going toward business use, and he feels this is a good opportunity for the area; ON MOTION MADE 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 Darryl & Myra LaPrade, contract purchasers, and Morton A. & Corinna S. Witt and Michael W. & Cheryl W. Boyd, property owners, for rezoning the property located at 820 Apperson Drive (Tax Map # 247- 3-6) from RSF Residential Single Family District to RB Residential Business District be approved as presented – the roll call vote: all aye. There being no further business to come before the Commission, the same on motion adjourned at 7:58 p.m.