HomeMy WebLinkAbout8/15/2007 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION
August 15, 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 August 15, 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 THOMASSON, AND DULY
CARRIED, the minutes of the regular meeting and work session
held on June 13, 2007, were approved as written –
the roll call vote: all present – aye.
In re: Request of Virginia Parris & Oscar W. Hall Et Al, property owners, and Brenda Busic, contract purchaser, for rezoning the property located at 509 S. Colorado Street (Tax Map #145-8-6) 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
Virginia Parris & Oscar W. Hall Et Al, property owners, and Brenda
Busic, contract purchaser, for rezoning the property located at 509
S. Colorado Street (Tax Map #145-8-6) from RSF Residential Single
Family District to RB Residential Business District; and
WHEREAS, the Executive Secretary further reported that notice
of such hearing had been published in the August 2 and 9, 2007,
issues of the Salem Times-Register, and adjoining property owners
were notified by letter mailed August 3, 2007; and
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WHEREAS, staff noted the following: the subject property
consists of one parcel located along the west side of South
Colorado Street, south of Third Street; the parcel is approximately
75 feet by 125 feet and is currently occupied by a one-story single
family residence and two small outbuildings; it is bordered at the
rear of the property by an alley; this request is to rezone the
property from RSF to RB to allow the relocation and operation of a
nail and tanning salon; the applicant has stated that she currently
leases space at 400 East Calhoun Street in Salem and would like to
relocate; the applicant states she will offer nail services by
appointment and have three tanning suites; renovations to the house
will be extensive including upgrades to the electrical service,
plumbing and HVAC systems; the applicant also states she will add a
paved area to the rear of the property to accommodate parking and
an illuminated sign at the front of the building that is in
compliance with sign ordinance regulations; in accordance with
Section 106-400 of the City of Salem Zoning Ordinance, a site plan
shall be prepared for this property and submitted to staff for
review because of the conversion from residential use to commercial
use; the applicant has not stated how much additional parking she
intends to install; and depending on the number of spaces and
square footage of impervious surface, she may be required to
install storm water management facilities; and
WHEREAS, Renee Witt of 2647 Puckett Circle, Salem, business
partner of Brenda Busic, appeared before the Commission explaining
the request to rezone this property from RSF Residential Single
Family District to RB Residential Business District; she noted that
she and Ms. Busic would like to convert this house for use as a
nail and tanning salon; she noted that Ms. Busic has been in
business for approximately 4-5 years in Salem leasing property; the
business has grown, and now Ms. Busic wants to own property and has
invited her to join the business; she noted that they plan to
renovate this property, which was built in 1921; the decor and
furnishings etc. will go back to 1921 to honor that time period and
the previous owner of the property; they hope it will be a place
that people will want to come relax and enjoy; and
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WHEREAS, Commission Member Robertson asked Ms. Witt
approximately how many customers per day would they have utilizing
the business; Ms. Witt noted that the nail service would be by
appointment with approximately 12-15 customers per day and they
will have three tanning suites, which will be a walk-in situation;
Commission Member Robertson stated he had noticed driving by the
house that there is a single-lane driveway that he assumes will be
used to access the parking in the rear; Ms. Busic noted that they
plan to put parking in the rear of the building; Ms. Witt noted
that there is access to the alley so they will have a front and
back entrance, and she has estimates for paving the parking in the
rear; and
WHEREAS, Commission Member Thomasson noted he trusted the
illuminated sign would be tastefully done in keeping with the 1921
period; he noted that he would hate to see this cute house have a
neon flashing sign; Ms. Witt noted that it would not be a neon
flashing sign; she stated that the color scheme is pale pink with
chocolate accents and would be very tasteful; and
WHEREAS, Commission Member Daulton asked how the sign would be
illuminated, and Ms. Witt noted they would use a small flood or
spot light to illuminate a hand-painted sign; and
WHEREAS, Commission Member Thomasson asked if city staff would
review the site plan, and Ms. Payne noted that this was correct;
she further noted that the petitioners are aware of this
requirement; and
WHEREAS, Chuck Aldridge noted that a sign permit would be
required for the proposed sign, and Ms. Witt noted that she had
information regarding the sign permit requirement; and
WHEREAS, Commission Member Daulton asked how the storm water
would be handled, and Chuck VanAllman noted that the storm water
management would depend on how much area they would be disturbing;
and
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WHEREAS, there was further discussion regarding the proposed
parking and storm water management requirements; 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
Virginia Parris & Oscar W. Hall Et Al, property owners, and Brenda
Busic, contract purchaser, for rezoning the property located at 509
S. Colorado Street (Tax Map #145-8-6) from RSF Residential Single
Family District to RB Residential Business District be approved as
presented –
the roll call vote: all present – aye.
In re: Request of Jodie L. & Gwen H. Terry and Ricky L. Reynolds, property owners, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 16 N. Bruffey Street (Tax Map #125-3-11 ) The Executive Secretary reported that this date and time had
been set to hold a public hearing to consider the request of Jodie
L. & Gwen H. Terry and Ricky L. Reynolds, property owners, for the
issuance of a Special Exception Permit to allow a two-family
dwelling on the property located at 16 N. Bruffey Street (Tax Map
#125-3-11); and
WHEREAS, Chairman Smith noted the City had received a letter
from the petitioners asking to withdraw the item from consideration.
In re: Consider amending Chapter 106, Article II District Regulations, Section 106-226.4(A), 106-226.7(B), 106-226.7(C), and 106-226.8(A) of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to the Floodplain Overlay District (FOD)
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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 106-226.4(A), 106-
226.7(B), 106-226.7(C), and 106-226.8(A) of THE CODE OF THE CITY OF
SALEM, VIRGINIA, pertaining to the Floodplain Overlay District
(FOD); and
WHEREAS, the Executive Secretary further reported that notice
of such hearing had been published in the August 2 and 9, 2007,
issues of the Salem Times-Register; and
WHEREAS, staff noted the following: the amendments to this
ordinance are minor dealing with changing dates and names of State
departments; the only major change is to Section 106-226.8(A)
Existing Structures and Vacant Land; this section has been reworded
to state that any “modification, alteration, repair, reconstruction
or improvement” to a structure and/or use located in the flood
plain to an extent or amount of 50 percent or more of its market
value must comply fully with the Virginia Uniform Statewide
Building Code; and the existing number (3) has been renumbered (4);
and
WHEREAS, Chuck VanAllman, City Engineer, appeared before the
Commission explaining the proposed ordinance amendments; he noted
approximately 2½ to 3 years ago Roanoke City and Roanoke County
started a program with some aid from the Federal Emergency
Management Agency (FEMA) to re-delineate the flood maps in the
Roanoke County area; basically, they were not doing any new studies
but taking up to date and newer contour information and mapping out
the flood plain areas; since Salem is essentially in the middle of
Roanoke County, we were included in this process even though we
were not an official participant; the City provided FEMA with the
1992 aerial photography, which is approximately 20 years newer than
the previous contour information used on the older Flood Insurance
Rate Maps (FIRM); he noted that there are a few minor changes to
the maps, and one of the things we are required to do is to amend
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our ordinance because it makes reference to the effective date of
the maps; this date will change to September 28, 2007; the other
issue is that a couple of agencies within the Department of
Conservation and Recreation have changed, and the ordinance needs
to reflect those name changes; and
WHEREAS, Commission Member Thomasson asked if the changes are
mainly language changes, and Mr. VanAllman noted that this was
correct; and
WHEREAS, Chairman Smith noted that every time we do something
official related to floodplain and floodway he starts thinking back
to the last major flooding we had; he noted that many of the bottom
floor apartments are now occupied at one apartment complex that has
had major issues with flooding over the years; 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 Chapter 106,
Article II District Regulations, Section 106-226.4(A), 106-
226.7(B), 106-226.7(C), and 106-226.8(A) of THE CODE OF THE CITY OF
SALEM, VIRGINIA, pertaining to the Floodplain Overlay District
(FOD) be amended as follows:
Section 106-226.4 Establishment of Floodplain Districts and
Restrictions
(A) Floodplain districts shall include all land subject to
inundation by the waters of the 100-year flood. The source of this
delineation shall be the flood insurance study for the City of
Salem, as prepared by the Federal Insurance Administration-Federal
Emergency Management Agency, dated October 18, 1995, September 28,
2007, or the most recent revision thereof. The designated
floodplain district and accompanying regulations shall be overlays
to the existing underlying zoning districts as shown on the
official zoning map, and as such the provisions for floodplain
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districts shall serve as a supplement to the underlying zoning
district regulations. The physical boundaries of the floodplain
districts are established as shown on the flood insurance rate map
(FIRM) from the above-cited flood insurance study, which map is
declared to be a part of this ordinance and which shall be kept on
file in the office of the Building Official and the Clerk of
Council. In the event if any conflict between the provisions of
the overlaying floodplain districts and the underlying existing
zoning regulations, the more restrictive provisions shall apply.
Section 106-226.7 Development Restrictions, Floodway
(B) Alternation and relocation of floodway and channel. Prior
to any proposed alteration or relocation of any channels or
floodways of any watercourse, stream, etc., within the City of
Salem, approval shall be obtained from the U.S. Corps of Engineers,
the State Water Control Board and the State Marine Resources
Commission. Furthermore, notification of the proposal shall be
given by the applicant to all affected adjacent jurisdictions, the
Department of Conservation and Recreation, (Division of Soil and
Water Conservation Dam Safety and Floodplain Management) and the
Federal Insurance Administration.
(C) Manufactured homes. The placement of any manufactured
home within any floodway is strictly prohibited except in an
existing manufactured home park or existing manufactured home
subdivision.
Manufactured homes that are not subject to the provisions of
this chapter shall be elevated so that either: (1) the lowest floor
of the manufactured home is at least one foot above the base flood
elevation; or (2) the manufactured home chassis is supported by
reinforced piers or other foundation elements of at least
equivalent strength that are no less than 36 inches in height above
grade and be securely anchored to an adequately anchored foundation
system o to resist flotation, collapse and lateral movement.
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Section 106-226.8 Existing Structures and Vacant Land (A) 3. The owner and/or agents of any existing structure
and/or use located in any flood plain overlay districts shall fully
disclose in writing to all prospective interested parties
including, but not limited to, purchasers and renters that (1) the
land and/or structures are located in flood prone areas, and (2)
whether any variances have been granted for certain structures
located in flood prone areas. The modification, alteration, repair,
reconstruction or improvement of any kind to a structure and/or use
regardless of its location in the flood plain district to an extent
or amount of 50 percent or more of its market value shall only be
undertaken in full compliance with the provisions of the Virginia
Uniform Statewide Building Code.
4. The owner and/or agents of any existing structure and/or
use located in any flood plain overlay districts shall fully
disclose in writing to all prospective interested parties
including, but not limited to, purchasers and renters that (1) the
land and/or structures are located in flood prone areas, and (2)
whether any variances have been granted for certain structures
located in flood prone areas.
– 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.