HomeMy WebLinkAbout5/10/2006 - Planning Commission - Minutes - Regular APPROVED MINUTES PLANNING COMMISSION
May 10, 2006
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 10, 2006, there being present
the following members of said Commission, to wit: Gardner W.
Smith, Terrance D. Murphy, Jimmy W. Robertson, and Vicki G. Daulton
(Bruce N. Thomasson – 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. Van Allman, Jr., City Engineer; Charles B. Aldridge Sr.,
Acting Building Official and Zoning Administrator; Mike Stater,
Public Information Officer; Benjamin W. Tripp, Planner; and William
C. Maxwell, Assistant City Attorney; and the following business was
transacted:
ON MOTION MADE BY COMMISSION MEMBER DAULTON, AND DULY CARRIED,
the minutes of the regular meeting held on February 1 5 , 2006,
were approved as written –
the roll call vote: all present - aye.
In re: Request of Dishaw-Rotanz, lessee, and City of Salem, property owner, for the issuance of a Special Exception Permit to allow the construction of a surface parking facility on the property located at 407 East Calhoun Street (Tax Map #107-6-5) The Executive Secretary reported that this date and time has
been set to hold a public hearing to consider the request of
Dishaw-Rotanz, lessee, and City of Salem, property owner, for the
issuance of a Special Exception Permit to allow the construction of
a surface parking facility on the property located at 407 East
Calhoun Street (Tax Map #107-6-5); and
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WHEREAS, the Executive Secretary further reported that notice
of such hearing had been published in the April 27 and May 4, 2006,
issues of the Salem Times-Register, and adjoining property owners
were notified by letter mailed April 28, 2006; and
WHEREAS, staff noted the following: the City of Salem
currently owns this vacant lot, which is adjacent to the Roanoke
County Court Services Building (formerly the Salem Office Supply
building); traveling east on Main Street, the lot is located
between the County office building and Furman Whitescarver’s law
office; Assistant City Manager Jay Taliaferro and Bob Rotanz of Mac
and Bob’s have been in negotiations for more than a year to
finalize a franchise agreement for the use of this property to
accommodate parking needs for the restaurant; the franchise
agreement was recently completed and approved by City Council; the
property is located in the floodway and can be utilized as a
parking lot; the elevation of the property will remain unchanged
after the proposed parking lot construction; if the special
exception permit is approved, a final site plan must be presented
to the City of Salem for approval by City staff; and
WHEREAS, Robert Rotanz, 313 North Broad Street, partner in
Dishaw-Rotanz Real Estate, lessee, and co-owner of Mac & Bob’s
Restaurant, appeared before the Commission explaining the request
for the issuance of a Special Exception Permit to allow the
construction of a surface parking facility on the property located
at 407 East Calhoun Street (Tax Map #107-6-5); he noted that they
are currently adding an addition on the back of the restaurant,
which is about 90% complete, and because they need additional
parking, they had requested to use two vacant parcels owned by the
City, which are bisected by the creek next to the Roanoke County
office building; since that time, they have run into problems
related to covering the creek as well as environmental issues so the
City suggested they consider using the parcel in the rear; they
worked out a franchise agreement with the City for the use of the
property and currently, are using the site for construction
3 materials as well as employee parking while the construction on
the building is being completed; and their engineers prepared a
concept plan of the proposed parking lot, which shows approximately
21 parking spaces; further, they anticipate starting the lot
probably next spring, and have been talking with Roanoke County and
hope to work out an arrangement with them to offer them some parking
in the proposed lot; and
WHEREAS, Commission Member Daulton asked Mr. Rotanz if they
would be willing to landscape around the proposed parking lot since
it is adjacent to a park and is visible coming off of Thompson
Memorial Drive; she noted that the Commission as well as the City
has put a lot of emphasis on making the City greener; Mr. Rotanz
noted that they plan to landscape the lot, and he thought that the
engineers had included some landscaping on the concept plan;
further, he wants to make the lot look nice since it will have Mac &
Bob’s name on it, and before they complete the plans for the lot, he
will let the City take a look and make sure it meets the City’s
approval; and
WHEREAS, Commission Member Robertson noted he was a customer of
the restaurant on Sunday evening and that they definitely need the
parking; Mr. Robertson further noted he has a concern related to the
elevation of this property being rather low, and Mr. Rotanz
mentioned he would be doing some excavating; he asked Mr. Rotanz if
he would be moving dirt off of the property, and Mr. Rotanz stated
that he meant he would be cleaning up the property not taking any
dirt out; and
WHEREAS, it was noted that the elevation of the property will
not change with the proposed construction; and
WHEREAS, it was noted that Dishaw-Rotanz, lessee, will have two
years to develop the proposed parking lot; and
WHEREAS, no other person(s) appeared related to said request;
4 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
Dishaw-Rotanz, lessee, and City of Salem, property owner, for the
issuance of a Special Exception Permit to allow the construction of
a surface parking facility on the property located at 407 East
Calhoun Street (Tax Map #107-6-5) be approved –
the roll call vote: all present - aye.
In re: Request of Morris Elam Limited Partnership, property owner, for rezoning five parcels located in the 200 block of South Broad Street and the 200 block of Chapman Street (Tax Map #’s 121-3-2 & 3 and 122-8-7, 8, & 9) from RSF Residential Single Family District and RB Residential Business District to RMF Residential Multi-Family District The Executive Secretary reported that this date and time has
been set to hold a public hearing to consider the request of Morris
Elam Limited Partnership, property owner, for rezoning five parcels
located in the 200 block of South Broad Street and the 200 block of
Chapman Street (Tax Map #’s 121-3-2 & 3 and 122-8-7, 8, & 9) from
RSF Residential Single Family District and RB Residential Business
District to RMF Residential Multi-Family District; and
WHEREAS, the Executive Secretary further reported that notice
of such hearing had been published in the April 27 and May 4, 2006,
issues of the Salem Times-Register, and adjoining property owners
were notified by letter mailed April 28, 2006; and
WHEREAS, staff noted the following: this request consists of
five parcels located on South Broad Street and Chapman Street;
currently, there are three vacant parcels and two parcels with
single-family dwellings; the property owner/developer is proposing
to develop this property in phases; the proposed initial phase will
remove any existing buildings and construct one (1) 8-unit multi-
family building and 21 parking spaces; future phase(s) may include
an 8-unit multi-family building, a 4-unit multi-family building,
5 and 24 additional parking spaces; if the rezoning is approved, the
developer will vacate the interior lot lines, shown as dotted lines
on the plan, to create one parcel; and a vacation and combination
plat can be approved administratively by City staff once the
property has been rezoned; and
WHEREAS, Morris Elam of 450 South Broad Street, property owner,
appeared before the Commission explaining the request to rezone five
parcels located in the 200 block of South Broad Street and the 200
block of Chapman Street from RSF Residential Single Family District
and RB Residential Business District to RMF Residential Multi-
Family District; he noted they are proposing to develop the
property in phases; the first phase would be one 8-unit building,
the second phase would be one 8-unit building, and a possible third
phase one 4-unit building; this would be a total of 20 units, and
there is adequate area for the proposed development; in fact, there
is approximately 10,000 square feet of area in excess of the amount
of area required to accommodate 20 units; and
WHEREAS, Commission Member Robertson noted that Mr. Elam comes
before the Commission quite often and that he has become quite a
property owner in this area of the City; he asked Mr. Elam if he had
an estimate of the time between the first building and the other two
buildings; Mr. Elam noted that it is possible that they might
construct the first two buildings at the same time, and depending on
how well the rentals go on the first two buildings, then they may or
may not build the third building; if they see there is no need for
the third building, then they will not build it; and
WHEREAS, Chairman Smith asked Mr. Elam if the buildings would
face South Broad Street or Walker Alley, and Mr. Elam noted that the
buildings would face north or toward Burwell Street; further, Mr.
Elam presented the concept plan to the Commission and discussed the
proposed development with the members of the Commission; and
WHEREAS, no other person(s) appeared related to said request;
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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
Morris Elam Limited Partnership, property owner, for rezoning five
parcels located in the 200 block of South Broad Street and the 200
block of Chapman Street (Tax Map #’s 121-3-2 & 3 and 122-8-7, 8, &
9) from RSF Residential Single Family District and RB Residential
Business District to RMF Residential Multi-Family District be
approved –
the roll call vote: all present - aye.
WHEREAS, Chairman Smith noted there were two new staff members
present at this meeting of the Commission, and he recognized Mike
Stater, Public Information Officer, and Ben Tripp, Planner, and
welcomed them to the City.
In re: Consider authorizing the Director of Planning and Economic Development to sign subdivision and resubdivision plats in the absence of the Executive Secretary and Assistant Executive Secretary
The Chairman requested that the Commission consider
authorizing the Director of Planning and Economic Development,
currently Melinda J. Payne, to sign subdivision and resubdivision
plats in the absence of the Executive Secretary and Assistant
Executive Secretary; and
WHEREAS, a discussion was held concerning said request;
ON MOTION MADE BY VICE CHAIRMAN MURPHY, AND DULY CARRIED, the
Director of Planning and Economic Development, currently Melinda J.
Payne, is hereby authorized to sign subdivision and resubdivision
plats in the absence of the Executive Secretary and Assistant
Executive Secretary –
7
the roll call vote: all present – aye.
In re: Request for preliminary and final approval of a proposed resubdivision plat filed by Steven M. Huffman, property owner, for a .99-acre parcel (Tax Map #100-2-28) located in the 600 block of Turner Road
The Executive Secretary reported the Commission has received a
request for preliminary and final approval of a proposed
resubdivision plat filed by Steven M. Huffman, property owner, for
a .99-acre parcel (Tax Map #100-2-28) located in the 600 block of
Turner Road; and
WHEREAS, the staff noted the following: this is an existing
0.99-acre tract with two existing single-family dwellings sharing a
common driveway; the property owners have requested a division of
the 0.99-acre tract in order that two separate properties can be
created; a 15-foot right of way for egress and ingress as shown on
the survey needs to be implemented in order to allow for this
subdivision; and if this subdivision is approved, the lots would
become two separate lots subject to all zoning regulations; and
WHEREAS, Brian Casella of Balzer & Associates, representing
the property owner, appeared before the Commission explaining the
request to subdivide this parcel into two parcels; and
WHEREAS, Chairman Smith asked Mr. Casella if the purpose of
the resubdivision was to sell the parcel being subdivided at the
rear of the property, and Mr. Casella noted that Mr. Huffman is
currently renovating the single-family dwelling at the front of the
property, and he plans to live in this dwelling; further, Mr.
Casella noted that Mr. Huffman also plans to renovate the second
dwelling, and he would like the option to sell this structure in
the future; they realize that as the property exists now, the
second structure is a nonconforming use, but the intention is to
remove the rear house from a rental situation and make it into a
owner-occupied, single-family residence; and
8 WHEREAS, Chairman Smith asked Mr. Casella if the gravel
driveway currently exists, and Mr. Casella noted that there are
actually two driveways, with one of those serving the dwelling to
the rear; and
WHEREAS, Vice Chairman Murphy asked staff for a clarification
of the waiver necessary for the approval of the proposed
resubdivision of this property; James E. Taliaferro, II, Assistant
City Manager and Executive Secretary, noted that Sec. 78-610.(b) of
the subdivision ordinance prevents private streets except in
cluster housing developments and planned unit developments; Vice
Chairman Murphy asked Mr. Taliaferro if this section did not
pertain to this request or would the waiver be for the entire
Section 78-610; the Executive Secretary noted that the petitioner
is requesting a waiver to Sec. 78-610.(b) of the subdivision
ordinance; and
WHEREAS, Commission Member Robertson asked if this section
pertained to road frontage, and it was noted that this section is
related to private streets being allowed; and
WHEREAS, Commission Member Daulton asked if the house
currently has a separate street address, and Mr. Casella noted that
it did; Commission Member Daulton asked if the address is a Turner
Road address, and Mr. Casella noted that it was a Turner Road
address; and
WHEREAS, Vice Chairman Murphy asked if the request for the
waiver is not for the sale of this property, but for the future
sale of the property, if the owner so decides; Mr. Casella noted
that Mr. Huffman’s intentions are to occupy the house on the front
of the property, and the existing home at the rear may remain a
rental property or possibly be sold; and
9 WHEREAS, Commission Member Daulton asked Chuck Aldridge,
Acting Building Official and Zoning Administrator, if the private
easement would be a requirement before Mr. Huffman could sell the
property, and Mr. Aldridge noted the private easement would have to
be approved by the Commission; he further noted that the property
owner is not dedicating road frontage to this parcel but an
ingress/egress easement only; Mr. Casella noted that they are
proposing a 15’ ingress/egress easement as a part of the
resubdivision of this property, and it will be shown on the plat
should this be approved; and
WHEREAS, Vice Chairman Murphy noted the City has issues
related to private roads, and he asked Mr. Casella who would be
responsible for the maintenance of the gravel drive, and Mr.
Casella noted that he thought the owner of the new lot would be
responsible for the maintenance of the driveway since it is for
access for that particular lot; he further noted that this could be
addressed in the deed for the property; and
WHEREAS, Commission Member Robertson asked if the driveway
could not be sold with the property, and Mr. Aldridge noted that if
they sold the driveway, it would make the existing lot
nonconforming; and
WHEREAS, Mr. Casella noted that they are trying to improve an
existing situation, and Vice Chairman Murphy noted that there are a
lot of people who would like to do the same thing; and
WHEREAS, there was further discussion regarding the private
ingress/egress easement for the proposed resubdivision; and
WHEREAS, Chairman Smith noted that the Commission has battled
with the Comprehensive Plan and issues related to private driveways
for some time; and
WHEREAS, there was further discussion related to a utility
easement for this property; and
10 WHEREAS, Chairman Smith noted that the Commission
discussed the issue of compliance as it relates to this request,
and even though there is an exception or waiver being requested for
this property, both parcels will be in compliance of the minimum
lot and minimum setback requirements; and
WHEREAS, Commission Member Robertson noted this request has
been a tough issue for the Commission since there are other
situations similar to this around the City and the current zoning
ordinance does not permit it; however, since this is an existing
situation and not a request for new construction, he believes we
need to try to remedy the situation; and
WHEREAS, Vice Chairman Murphy noted that he was opposed to the
approval of this request because he believes the City needs to
address the issues related to private roads; and
WHEREAS, no other person(s) appeared related to said request;
ON MOTION MADE BY COMMISSION MEMBER ROBERTSON, that the
request for preliminary and final approval of a proposed
resubdivision plat filed by Steven M. Huffman, property owner, for
a .99-acre parcel (Tax Map #100-2-28) located in the 600 block of
Turner Road be approved with a waiver to Section 78-610.(b) of the
City of Salem Subdivision Ordinance was not acted upon; and
WHEREAS, a discussion was held regarding said motion;
ON AMENDED MOTION BY COMMISSION MEMBER ROBERTSON, AND DULY
CARRIED, the request for preliminary and final approval of a
proposed resubdivision plat filed by Steven M. Huffman, property
owner, for a .99-acre parcel (Tax Map #100-2-28) located in the 600
block of Turner Road is hereby approved with a waiver to Section
78-610.(b) of the City of Salem Subdivision Ordinance due to the
existing situation, which is not a vacant property for development
but a parcel containing two existing structures, and because the
proposed new lots meet lot area and setback requirements; further,
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subject to a note being placed on said plat with regards to the
above-stated information and the Executive Secretary and City
Engineer are hereby authorized to endorse such final approval on
said final plat in accordance with The Code of the City of Salem,
Virginia –
the call vote being as follows: Vicki G. Daulton – aye; Jimmy W.
Robertson – aye; Terrance D. Murphy – nay; and Gardner W. Smith -
aye.
There being no further business to come before the Commission,
the same on motion adjourned at 7:47 p.m.