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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 2 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; 6 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, 11 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.