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HomeMy WebLinkAbout5/16/2007 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION May 16, 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 May 16, 2007, 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 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. 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 ROBERTSON, AND DULY CARRIED, the minutes of the regular meeting and work session held on April 1 1 , 2007, were approved as written – the roll call vote: all present – aye. In re: Request of James H. Stephens, Jr., property owner, for the issuance of a Special Exception Permit to allow a two family dwelling on the property located at 214 Elm Street The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of James H. Stephens, Jr., property owner, for the issuance of a Special Exception Permit to allow a two family dwelling on the property located at 214 Elm Street; and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the May 3 and 10, 2007, issues of the Salem Times-Register, and adjoining property owners were notified by letter mailed May 4, 2007; and 2 WHEREAS, staff noted the following: the subject property consists of one parcel and is currently occupied by an older single family residence; the parcel is approximately .31 acres, and the residence is approximately 900 square feet; the property is currently zoned Residential Single Family District; this request is for a Special Exception Permit to allow a duplex in the RSF zoning; the applicant wishes to build a second, attached residence on the north side of the existing structure; the older unit would then be renovated; the applicant also states they will construct two off- street parking spaces for each unit; these spaces would be located on the north side of the property with the parking for the existing unit located directly beside it; parking for the second unit would be located behind the addition and would be accessed by a long driveway, shared with the first unit, along the northern edge of the property; and WHEREAS, Ben Crew of Balzer and Associates, Roanoke, appeared before the Commission explaining the request to allow this property to be used for a two family dwelling; he noted that he was representing the developer, Fields Construction, and that Peter Fields, President, was present at the meeting, if the Commission had any questions for him; he presented the Commission copies of a sketch of the proposed unit and a sketch showing the master plan; he noted that the developer is proposing to add an addition to the existing single family dwelling to create a two family dwelling; further, the existing dwelling will be renovated along with the proposed construction, and four off-street parking spaces will be provided; 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 James H. Stephens, Jr., property owner, for the issuance of a Special Exception Permit to allow a two family dwelling on the property located at 214 Elm Street be approved as presented – 3 the roll call vote: all present – aye. In re: Request of Kauffman & Associates, property owner, for rezoning the property located at 129 S. Bruffey Street (Tax Map #141-3-8) from LM Light Manufacturing District to RSF Residential Single Family District The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of Kauffman & Associates, property owner, for rezoning the property located at 129 S. Bruffey Street (Tax Map #141-3-8) from LM Light Manufacturing District to RSF Residential Single Family District; and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the May 3 and 10, 2007, issues of the Salem Times-Register, and adjoining property owners were notified by letter mailed May 4, 2007; and WHEREAS, staff noted the following: the subject property consists of one parcel located at the southern end of South Bruffey Street; it is bordered on the east by the former Tannery Property and West Salem Plaza, now under the same ownership; the property is bordered on the north and west by additional houses; beyond these homes is the commercial development of West Main Street; the lot is approximately .3 acres, and it is the southernmost of eight homes on the street; this request is for a rezoning from LM to RSF to align the zoning with the current use of the property so that it may be sold as a residence; the applicant states a prospective buyer would have difficulty financing and insuring the property since it is a grandfathered use; and the Future Land Use Plan designates this area for commercial use; and WHEREAS, Taylor Kauffman, property owner, appeared before the Commission explaining the request to rezone this property from LM Light Manufacturing to RSF Residential Single Family District; he noted that the staff report stated the request very clearly, and 4 further, the property that borders his property to the north is currently zoned residential and is the only one in this block zoned residential; and WHEREAS, Commission Member Daulton asked Mr. Kauffman if the reason he was rezoning the property was because he had a buyer, and Mr. Kauffman noted that he did have a purchaser, but the contract has not been completed; and WHEREAS, Commission Member Thomasson asked Mr. Kauffman if financing for the property was the problem, and Mr. Kauffman noted that this was correct; he stated that the buyer was having difficulty getting a standard mortgage because of the zoning; and WHEREAS, no other person(s) appeared related to said request; and WHEREAS, Chairman Smith asked the Director of Planning and Economic Development if she had any other comments related to this request; and WHEREAS, Melinda Payne, Director Planning and Economic Development, appeared before the Commission noting that she did not have any other information other than what was presented in the staff report; as Mr. Kauffman noted, the situation with regards to the request is pretty well laid out in the staff report; ON MOTION MADE BY 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 the request of Kauffman & Associates, property owner, for rezoning the property located at 129 S. Bruffey Street (Tax Map #141-3-8) from LM Light Manufacturing District to RSF Residential Single Family District be approved as presented – the roll call vote: all present – aye. 5 In re: Request of Danny M. Robertson and John Hagen, property owners, for rezoning the property located at 1832 Apperson Drive (Tax Map #278-1-1) 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 Danny M. Robertson and John Hagen, property owners, for rezoning the property located at 1832 Apperson Drive (Tax Map #278-1-1) 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 May 3 and 10, 2007, issues of the Salem Times-Register, and adjoining property owners were notified by letter mailed May 4, 2007; and WHEREAS, staff noted the following: the subject property consists of one parcel located between Apperson Drive and the Roanoke River; it is directly behind the Pancake House Restaurant; the property was most recently used as a paintball park, but was originally a golf driving range with an attached shop; there is also a batting cage; the parcel is approximately 5.9 acres and has a single story retail and office building located on it, along with the former Putt-Putt operation and the batting cage; the property abuts with Salem Ridge Apartments (formerly known as Willow River Apartments) on the west; this request is to rezone the property from LM to HBD to allow the operation of a private “off leash dog park” and self-service dog wash; and this property is partially located in the Roanoke River floodway, and the remainder is located within the associated flood zones; and WHEREAS, Steve Mullins of 530 Stonewall Street, Salem, representing the property owners, appeared before the Commission explaining the request to rezone this property from LM Light Manufacturing Light Manufacturing District to HBD Highway Business District; he noted the proposed use is a private, off-leash dog park and a self-service dog wash and grooming facility inside the existing building; he further noted that the business will be open to the public; and 6 WHEREAS, Commission Member Thomasson asked if he wanted to take his dog there, then would the dog be allowed to just run free; and Mr. Mullins noted that is correct but that there would be fees associated with the business; he also noted it will not be a big money-making venture and that part of it will be underwritten by “The Friends of Animals” in the community; he noted that Katie Halstead, lessee and dog trainer, was in attendance at the meeting; and WHEREAS, Commission Member Daulton asked if there would be runs for the dogs; and WHEREAS, Katie Halstead of 1626 Hampton Avenue, Roanoke, owner of The Pooch Professor and lessee, appeared before the Commission explaining the proposed business; she noted that the larger area of the property will be used for larger dogs, and the smaller area, where the old Putt-Putt was located, will be for smaller dogs; she noted that to join the park, owners have to bring their dogs to a play group where an employee will be present to determine if the dog is a social dog; she noted that the problem with public dog parks is that you do not know the type of dogs present; they also check vaccinations and have to pass the scrutiny of her as well as her business partners before they can even get an application; this way they will be able to ensure they have good dogs coming into the park; further, they will have a liability statement that everyone must sign, and they will have insurance to cover any problems they might have on the property; and WHEREAS, Chairman Smith noted there had been some discussion at the work session about the sociability of some dogs; and Ms. Halstead noted that because she is a trainer she is aware of teaching dogs to become more social; they plan to have socialization classes for dogs they believe can be socialized; further, if the dog is downright nasty, then they will not be allowed in the park; and 7 WHEREAS, Commission Member Robertson noted Ms. Halstead mentioned the smaller Putt-Putt course section would be used for the smaller dogs; he asked if the remainder of the property would be used for all the rest of the dogs; Ms. Halstead noted that this was right, and they would also like to section off part of the property for agility training and other dog sports; and WHEREAS, Ms. Halstead noted that she has been running dog play groups at her present business in Roanoke for almost a year now; she noted that they average about 25 dogs in the play groups and they manage the groups; they have to teach the dogs and the owners, and they will not be allowed in if they are not willing to understand the dog language to know what is appropriate language and what is not appropriate; further, if they have problems or issues, they will have the opportunity to attend one of the large field socialization classes to learn these things; and WHEREAS, Commission Member Daulton asked if the owners would bring their own toys or would the business have toys there, and Ms. Halstead noted that the owners can bring their own toys, but they will have cleanable items at the park that they can sanitize; and WHEREAS, Commission Member Robertson asked Ms. Halstead if there were other places close by like the proposed use, and Ms. Halstead noted that there are a lot of them in Northern Virginia, but this would be the first one in this area; she noted the city of Roanoke has a public dog park, but one problem is that it is not fenced and it is near a busy road; a lot of her personal clients are not comfortable with the park because they do know the background of the other dogs and also they cannot trust the area; and WHEREAS, Steve Mullins noted that Ms. Halstead had explained to him that a lot of times dogs are less aggressive when they are off leash in a play environment versus meeting them one on one on a leash; he noted that we might be surprised at the way the dogs we currently walk, how they would respond in this situation; he 8 further noted that there is no control in the off-leash park in Roanoke, and it would be like letting them run loose in the street; and WHEREAS, Commission Member Daulton asked if they would provide some type of buffering or landscaping on the property, and Ms. Halstead noted that there is a wall on one edge and a lot trees; further, there is a lot of growth on the fence, and they would leave this and just erect their fencing on the inside of the existing one; Mrs. Daulton asked if they would erect a fence, and Ms. Halstead noted that they would put up a fence; and WHEREAS, Mr. Mullins noted that there is actually a natural buffer all around the property; they plan to remove the batting cage netting and mow up close to the tree line so the new fence will go inside of this; and WHEREAS, Commission Member Thomasson asked if this business would compete with Klub Kanine located further up Apperson; Ms. Halstead noted that this business would not compete with Klub Kanine; she also noted she had spoken with them and they are interested in holding an event with her business; further, they already have a good working relationship with them; and WHEREAS, Commission Member Robertson noted that he believes people in this area think a lot of their pets due to the number of requests the Commission has received over the last few years; and WHEREAS, Commission Member Daulton asked how the self-service dog wash facility would work; Ms. Halstead noted they will probably have four stations with grooming tubs and various grooming supplies like those at a regular groomer; the concept is that they will provide all the supplies for the customer to do their own grooming, and then they will handle the cleanup; Mrs. Daulton asked how much would it cost, and Ms. Halstead noted that they are still working out the cost, but that it would be lower than taking the dog to a groomer; and 9 WHEREAS, Commission Member Robertson asked if the business would sell memberships or if they would charge each time a person brings their pets in; Ms. Halstead noted that for the dog park it would be by membership, probably six months or a year, and for the dog wash facility, it would be separate and would be per use; Ms. Halstead further explained the concept of the business; and WHEREAS, Commission Member Daulton asked Chuck Aldridge if the City’s noise ordinance would have any effect on the business, and Mr. Aldridge noted that the noise ordinance is actually monitored by the Police Department, but he does not really foresee a problem considering the location; and WHEREAS, Commission Member Thomasson asked how they would handle the cleanup of the property, and Ms. Halstead noted that it will be up to the members to do their own cleanup; they will have “potty stations” around the property, and the owners will be responsible for cleaning up their pet’s waste; also, she has a business colleague who will come to help make sure the main area stays clean; and WHEREAS, Chairman Smith asked how many dogs they anticipate having at the business at one time, and Ms. Halstead noted that she was not sure; she noted that they currently have approximately a 2,000-square-foot open space, and they can pack about 25 dogs in this area; and WHEREAS, there was further discussion regarding training dogs, teaching them to play with other dogs, etc.; 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 Danny M. Robertson and John Hagen, property owners, for rezoning the property located at 1832 Apperson Drive (Tax Map #278-1-1) from LM Light Manufacturing District to HBD Highway Business District be approved as presented – 10 the roll call vote: all present – aye. WHEREAS, Chairman Smith noted that there were several guests in attendance at the meeting; Kandace Elam, mayor of the Salem City Mayor’s Youth Council, appeared before the Commission and noted that she and several other members of the Youth Council were present to see the Commission in operation. There being no further business to come before the Commission, the same on motion adjourned at 7:29 p.m.