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HomeMy WebLinkAbout8/16/2006 - Planning Commission - Minutes - Regular APPROVED MINUTES PLANNING COMMISSION August 16, 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 August 16, 2006, there being present the following members of said Commission, to wit: Terrance D. Murphy, Jimmy W. Robertson, Vicki G. Daulton, and Bruce N. Thomasson (Gardner W. Smith – absent); with Terrance D. Murphy, Vice 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 DAULTON, AND DULY CARRIED, the minutes of the regular meeting and work session held on July 1 2, 2006, were approved as written – the roll call vote: all present - aye. In re: Request for preliminary and final approval of a proposed resubdivision plat filed by Wiley Development LLC, property owner, for Tract #3 of The St. John Place Commerce Center, located on Electric Road and St. John Road (Tax Map # 155-2-2) The Executive Secretary reported the Commission had received a request for preliminary and final approval of a proposed resubdivision plat filed by Wiley Development LLC, property owner, for Tract #3 of The St. John Commerce Center, located on Electric Road and St. John Road (Tax Map # 155-2-2); and WHEREAS, the staff noted the following: this request consists of one parcel of approximately 6.7 acres, located along Electric Road (Route 419); the property is currently zoned HM Heavy Manufacturing District; under this proposal, the property would be 2 subdivided into 13 lots of varying sizes; Lot 11 would be approximately .3 acres, Lot 12 approximately .59 acres, and Lot 13 approximately 5.23 acres; contained within Lot 12 would be ten adjoining lots of 54.5’ by 22’ each, with the remainder used as a common access area for Lots 1 through 11; the development will contain one building with eleven units, which will be individually sold; the developer is proffering the exclusion of auto repair businesses (garages) with the exception of someone who wishes to buy a unit for the restoration of private vehicle(s) in a not-for- profit way; these restrictions shall also be noted in the property owners’ association agreement for the proposed building; additionally, the developer will be limiting outside parking to two vehicles per unit, with no outside storage; under this request, Lots 1-11 do not have frontage on a public street; approval of this subdivision requires the use of Lot 12 as a private access easement for the other lots; it is the opinion of Staff that Lot 12 would provide adequate, safe, and unobstructed access from these lots to a public street, St. John Road; and it is also the opinion of Staff that the site plan shall require adequate public safety access; and WHEREAS, Paul Wiley of 928 Saddle Drive, property owner, appeared before the Commission explaining the request to subdivide this parcel into 13 lots of varying sizes; he noted he is proposing to construct a ten-unit building that will be sold as individual units; he further noted that the building will have 16 and 18 foot ceiling heights and will have masonry and drivet permanent finishes on the front of the building and on the end that faces Route 419; the reason for constructing the building in this manner is to give small companies or individuals a place to do business; the building will have a 2-hour fire wall separation between the units, which is required by the building code; he noted that he has constructed two buildings like the one proposed in another locality, and those have been very successful; further, there are five committed purchasers for the building at this time; also, he has proffered the exclusion of automotive and truck mechanical garages and body repair and painting shops, with the exception of a collector or hobbyist who wishes to restore individual, privately-owned vehicles not for profit; also, there will be a property owners’ association that 3 will pay all insurance, water, and sewer charges, and maintenance for all eleven parcels; and there will only be one large water meter and one large sewer connection so that they will not have ten connections across the ground, which generally creates problems; and WHEREAS, Commission Member Daulton asked Mr. Wiley if there would be signage for the building, and Mr. Wiley noted that if a business wants signage, it would have to comply with the City’s sign ordinance; he further noted that this has not been addressed, but it would be addressed in the POA agreement; Commission Member Daulton asked Mr. Wiley if there was only going to be one water meter and one sewer connection, how would they make a determination regarding the difference in usage between the units; Mr. Wiley noted that each unit will only have a two-piece bath as well as a laundry tray and a water fountain; it was the feeling from City staff that nobody could use that much water to make a difference; however, as the line is installed, a place will be left where a private meter could be installed if needed; further, he does not feel anyone will abuse the situation from the experience he has had with the two other buildings like this one; Mrs. Daulton further asked Mr. Wiley if an individual decides they want to sell their unit, will they have the option of selling it themselves or will it go back to the POA for resale; Mr. Wiley noted that the POA agreement has not been finalized, but an individual could sell their unit or have a realtor sell it for them; and WHEREAS, Commission Member Thomasson asked if he could buy a unit and lease it, and Mr. Wiley noted that investors could purchase the units, and also, the uses would have to fall in the HM Heavy Manufacturing zoning; and WHEREAS, Commission Member Robertson asked Mr. Wiley if all the area shown in white on the plan submitted would be paved, and Mr. Wiley noted that the parking and access area would be finished in concrete; and 4 WHEREAS, no other person(s) appeared related to said request; ON MOTION MADE BY COMMISSION MEMBER ROBERTSON, AND DULY CARRIED, the request for preliminary and final approval of a proposed resubdivision plat filed by Wiley Development LLC, property owner, for Tract #3 of The St. John Commerce Center, located on Electric Road and St. John Road (Tax Map # 155-2-2) is hereby approved with the following voluntarily proffered condition: automotive and truck mechanical garages, body repair and painting shops are excluded with the exception of a collector or hobbyist who wishes to restore their own private vehicle(s) in a not-for- profit way; 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 roll call vote: all present - aye. In re: Request of .com properties, LLC, and .com Properties II, LLC, property owners, and Salem Marketplace, LLC, contract purchaser, for rezoning two parcels (7.314 & 1.81 acres) located on South Bruffey Street and Tinsley Street (Tax Map #’s 141-4-4 & 142-1-2) 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 .com properties, LLC, and .com Properties II, LLC, property owners, and Salem Marketplace, LLC, contract purchaser, for rezoning two parcels (7.314 & 1.81 acres) located on South Bruffey Street and Tinsley Street (Tax Map #’s 141-4-4 & 142-1-2) 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 August 3 and 10, 2006, issues of the Salem Times-Register, and adjoining property owners were notified by letter mailed August 7, 2006; and 5 WHEREAS, staff noted the following: this request consists of two parcels located along South Bruffey Street and Tinsley Street; the first parcel, which is adjacent to the West Salem Plaza shopping center, is currently being used as a storage area for Pine Ridge Nursery & Landscaping, located on West Main Street, and for a office/commercial building; the second parcel is commonly known as the “Old Tannery”; both parcels are currently zoned LM Light Manufacturing District and will be rezoned to HBD Highway Business District to allow for the redevelopment of West Salem Plaza; the purpose of this rezoning is to bring these two parcels into the same zoning (HBD) as parcel #142-1-1, which contains the current shopping center; the intent is to combine all the parcels into one parcel at some point in the future; and the developer has studied the property for environmental contamination and has not discovered any issues that would present a significant challenge to the redevelopment of the property; and WHEREAS, Tom Austin of Mattern & Craig, representing the contract purchaser, Salem Marketplace LLC, appeared before the Commission explaining the request to rezone the two parcels from LM Light Manufacturing District to HBD Highway Business District; he noted that Roland Guyot of Salem Marketplace LLC was also in attendance to answer any questions he may not be able to answer; he stated that the proposed rezoning is considered a down zoning, and the primary purpose is to allow the redevelopment and expansion of the existing West Salem Plaza; further, the 7.3 acre tract is the former site of the “Tannery” facility, which burned down some years ago, and has been sitting vacant for quite some time; he noted that they recently received information from the Environmental Protection Agency and the Virginia Department of Environmental Quality that the site is eligible and currently enrolled in the voluntary remediation program; they anticipate within about 60 days that they will have any environmental issues and permits related to the environmental aspects of the site in hand and under control; the other smaller parcel, 1.8 acres, is actually a small subparcel of the West Salem Plaza tract, and it is currently used as storage or stockpile for Pine Ridge Nursery; they are very excited about this project and redevelopment of the West 6 Salem Plaza; it is the intent to combine all the parcels together once the property is rezoned to allow for the redevelopment; he noted that existing water, sewer, and electrical service are all readily available to the site; they have completed some preliminary engineering and surveying on the site to determine that storm water drainage and other storm water issues should not be a problem; he further noted that they will have a direct outfall to the south of the property directly under the railroad tracks and then to the Roanoke River, which is just downstream of the tracks; he noted that they have performed a traffic study for this property, which envisions the redevelopment; they have been working with City staff to define the parameters of and the traffic study and to try to understand what the potential impacts could be so they would be in a better position to plan for those impacts; and WHEREAS, Commission Member Robertson noted he thought handling the storm water management underground would be a good way to handle the water; and WHEREAS, Commission Member Daulton asked if the developers would keep any of the existing stores in the redevelopment or would the whole site be developed with a new business venture; Mr. Austin noted that he could not answer this for sure, but it is his understanding that the existing building will be demolished and a complete new retail facility will be developed with a new look & architecture; in regards to landscaping for the facility, they will bring the existing paved areas up to standards with the City’s landscaping ordinance, and since this will be a new retail facility, the developer will meet the code with regards to the landscaping required for the development; and WHEREAS, Commission Member Robertson asked if the developer has received a report on the contamination issues from the Department of Environmental Quality, and Mr. Austin noted that he was not sure of the details and perhaps Roland Guyot of Salem Marketplace LLC could answer his question specifically; and 7 WHEREAS, Roland Guyot of Salem Marketplace LLC, residing in Atlanta, Georgia, appeared before the Commission in support of the rezoning request; he noted that he contracted for the purchase of the 22 acres from Mr. Bishop and Mr. Carr a few months ago, knowing that the main task to permit obtain a permit for the redevelopment of the site would be effectively and efficiently decontaminating the site in order to alleviate further liability from the DEQ; at this stage, they have received a letter from the U. S. Environmental Protection Agency stating that no further action is required on their part, and that the Virginia Department of Environmental Quality is the only additional body who must give their approval with regards to this issue; they have contracted for geophysical studies, excavation, drilling, groundwater testing, etc., and the entire remediation package was submitted to DEQ approximately ten days; and further, they have extracted approximately 75 cubic yards of suspicious soil from the site; further, they have received a letter from DEQ stating they will consider the remediation package, and they hope to issue the certificate of approval in the next few months; without this certificate, they would not proceed on the project; further, with regards to the existing tenants, they should be aware of the proposed project because .com properties has not been renewing any leases in the past year; rather, the tenants have been paying rent on a month to month basis so it should not come as a surprise to them that something evidently is going to take place here; and WHEREAS, Vice Chairman Murphy asked Mr. Guyot if the project qualifies for voluntarily remediation, are there any grants or programs for brownfield renovation available; Mr. Guyot noted that the expenditures for the project would qualify for a tax break until the receipt of the certificate of no further liability; and WHEREAS, Vice Chairman Murphy noted the developer’s request for a traffic signal at the intersection of Spring Street and Fourth Street, and he questioned the proximity of the traffic signal at West Main Street and if this would be up to the City of Salem or to the Virginia Department of Transportation; Assistant City Manager and Executive Secretary Jay Taliaferro noted that it 8 would be up to the City to determine if the traffic signal is necessary; further, Vice Chairman Murphy asked if the project qualifies for a traffic signal, would it be incumbent upon the City to provide the light for ingress/egress; Assistant City Manager and Executive Secretary Jay Taliaferro noted the City will look at the potential traffic and also the proximity of the signal to the one at West Main Street to make sure it will not cause more problems by putting one in than by not having one at all; at this point, the issue is still under consideration; 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 .com properties, LLC, and .com Properties II, LLC, property owners, and Salem Marketplace, LLC, contract purchaser, for rezoning two parcels (7.314 & 1.81 acres) located on South Bruffey Street and Tinsley Street (Tax Map #’s 141-4-4 & 142-1-2) from LM Light Manufacturing District to HBD Highway Business District be approved as presented – the roll call vote: all present - aye. In re: Request of City of Salem, property owner, for rezoning two parcels located at 756 & 758 Roanoke Street (Tax Map # 142-4-1 & 142-1-2.1) 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 City of Salem, property owner, for rezoning two parcels located at 756 & 758 Roanoke Street (Tax Map # 142-4-1 & 142-1-2.1) 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 August 3 and 10, 2006, issues of the Salem Times-Register, and adjoining property owners were notified by letter mailed August 4, 2006; and 9 WHEREAS, staff noted the following: this request is for two parcels located on Roanoke Street, currently zoned LM Light Manufacturing District; and the property is currently used by the City for storage; and WHEREAS, Melinda J. Payne, Director of Planning and Economic Development, representing the City, appeared before the Commission explaining the request to rezone the two parcels; she noted that the request is to bring the zoning into conformance with the adjoining property; and currently, the City is using the property for storage for the Water Department; 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 City of Salem, property owner, for rezoning two parcels located at 756 & 758 Roanoke Street (Tax Map # 142-4-1 & 142-1-2.1) from LM Light Manufacturing District to HBD Highway Business District be approved as presented – the roll call vote: all present - aye. In re: Request of Stephen A. & Martha L. Davidson, property owners, and Keven & Carrie Poff, contract purchasers, for rezoning a portion of the property located at 2743 West Main Street (Tax Map # 174-3-1) from HBD Highway Business District to RMF Residential Multi-Family District The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of Stephen A. & Martha L. Davidson, property owners, and Keven & Carrie Poff, contract purchasers, for rezoning a portion of the property located at 2743 West Main Street (Tax Map # 174-3-1) from HBD Highway Business District to RMF Residential Multi-Family District; and 10 WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the August 3 and 10, 2006, issues of the Salem Times-Register, and adjoining property owners were notified by letter mailed August 4, 2006; and WHEREAS, staff noted the following: this request consists of one parcel of approximately 1.589 acres located on Keesling Avenue and West Main Street; the property is currently zoned HBD Highway Business District; a former bank building is located on the portion of the property that fronts West Main Street; under this proposal, the property would be split zoned to HBD/RMF with respect to the different portions; upon approval, the residential portion would then be subdivided from the rest of the parcel, leaving the portion with the bank building zoned HBD; this proposed development would provide a transitional buffer from the clustered commercial development along West Main Street and the single family residential neighborhood of Beverly Heights; under the current zoning, this land could be used for any purpose permitted within the HBD Highway Business District zoning requirements; both the townhomes and the bank property would share a common access easement; and this has been proposed by the developers to eliminate multiple entry points along Keesling Avenue; and WHEREAS, Sean Horne of Balzer & Associates, Roanoke, representing the contract purchasers, appeared before the Commission explaining the request to rezone from HBD Highway Business District to RMF Residential Multi-Family District; he noted the contract purchaser is proposing to construct six townhomes on the rear portion of this 1.589-acre parcel; he further noted that the current zoning will allow for a variety of businesses to occupy this property; the front portion of the property will remain HBD Highway Business District; the existing site is a former bank building, which is currently being used for offices and associated parking; they believe that the proposed request will allow for a nice transition between the existing businesses on West Main Street and the Beverly Heights neighborhood to the rear; if the rezoning is approved, the parcel will be subdivided so there will not be a split zoning situation on this 11 property; the developer is proposing sidewalks along Keesling Avenue to connect each unit, and the parking will be provided in the rear of each unit with drive under garages; they are proposing to use a cross-access easement with the existing office building so they will not have to provide multiple accesses onto Keesling Avenue; further, by sharing the existing access to the property, it will hopefully limit the traffic concerns; he noted that the property will be nicely landscaped; he also presented to the Commission pictures of some townhouses which are similar to the proposed development; the units will be approximately 1,300 square feet on each floor; further, the site plan for the proposed project will be in conformance with the City’s standards; and WHEREAS, Commission Member Daulton asked Mr. Horne if the units would be rented or would be sold, and Mr. Horne noted that the property will be subdivided into lots and the units would be sold; Commission Member Daulton asked if there was a base price for the units, and Mr. Horne noted he thought the base price would be $175,000 and up per unit; Mr. Horne further noted that the units will have approximately 2,000 square feet of livable space; and WHEREAS, Commission Member Robertson asked if the units would be brick construction; Keven Poff, contract purchaser, appeared before the Commission noting the units would be brick on the front, mostly brick on the side, and vinyl on the back; and WHEREAS, Commission Member Daulton asked Mr. Horne if the storm water management would be handled with a detention pond or underground; Mr. Horne noted it will either be a detention pond or an infiltration area, but the plans are for it to be above ground with nice landscaping; and WHEREAS, Vice Chairman Murphy noted that he understood the units would have a drive under garage, and he asked Mr. Horne to comment on additional parking for the development; Mr. Horne noted that there is room for two additional parking spaces at the rear so this would be a total of three spaces per unit; and 12 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 Stephen A. & Martha L. Davidson, property owners, and Keven & Carrie Poff, contract purchasers, for rezoning a portion of the property located at 2743 West Main Street (Tax Map # 174-3-1) from HBD Highway Business District to RMF Residential Multi-Family District be approved as presented – the roll call vote: all present - aye. In re: Request of Elizabeth Decarolis, Carolyn Nolan, and Joyce Colony, property owners, and Cooper Homes, contract purchaser, for rezoning four parcels located in the 1200 block of North Mill Road and the 300 block of Woodside Drive (Tax Map # 29-1-5, 10, 11, & 12) from AG Agricultural District to RSF Residential Single Family District; also, consider the request for the issuance of a Special Exception Permit to allow a Cluster Housing Overlay (COL) The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of Elizabeth Decarolis, Carolyn Nolan, and Joyce Colony, property owners, and Cooper Homes, contract purchaser, for rezoning four parcels located in the 1200 block of North Mill Road and the 300 block of Woodside Drive (Tax Map # 29-1-5, 10, 11, & 12) from AG Agricultural District to RSF Residential Single Family District; also, consider the request for the issuance of a Special Exception Permit to allow a Cluster Housing Overlay (COL); and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the August 3 and 10, 2006, issues of the Salem Times-Register, and adjoining property owners were notified by letter mailed August 7, 2006; and WHEREAS, staff noted the following: this request consists of four parcels totaling 27 acres, currently zoned AG Agricultural District, to be rezoned to RSF Residential Single Family; the developers are proposing to build 79 single family homes on the 13 property, ranging in size from 1,500 square feet to 2,500 square feet and with anticipated prices from $275,000 to $350,000 each; this development would be constructed using the Cluster Housing Overlay guidelines, and the developer is additionally requesting the issuance of a Special Exception Permit to allow this type of development; this is the first request to use the Cluster Housing Overlay guidelines outlined in the updated zoning ordinance; staff feels this development represents a good example of its application; much of the land is unusable due to steep terrain; that portion has been grouped together and labeled as open space; there are also large common open space areas between many of the lots; additionally, storm water management areas have been incorporated into these common areas in a natural way; it is important to note that the Cluster Housing Overlay guidelines would allow 140 units to be built on this parcel and would require only 4.2 acres of open space; in this case, the developer is proposing only 79 units with 6.5 acres of open space, for a density of approximately 2.8 units per acre; the developer has created eight lots located on Woodside Drive and on North Mill Road that are of a size and type similar to other lots in those areas since they are located outside the majority of the proposed subdivision; and also, the developer has taken care to locate the entrance to the subdivision on North Mill Road at a point that will maximize sight lines for safety; and WHEREAS, Sean Horne of Balzer & Associates, Roanoke, representing the contract purchasers and the property owners, appeared before the Commission explaining the request to rezone the four parcels from AG Agricultural District to RSF Residential Single Family District with a Special Exception Permit for the Cluster Housing Overlay (COL) option; he noted that the proposed zoning request is for a single family development, and the Cluster Housing Overlay (COL) gives the developer a more flexible design option in lot sizes and, more importantly, is the open space that can be provided and still have an adequate density to make it a feasible project; while they are using the Cluster Housing Overlay (COL) design, they are not by any means trying to maximize the number of units; if they went strictly by the maximum density 14 according to the ordinance, they would be allowed 140 homes depending on the size of the home; the developer is proposing 79 homes, which is under 3 units an acre, and this is well under the number of homes that would be allowed to be built on this property using the regular single family residential zoning; and WHEREAS, Mr. Horne further noted that they met with City staff on several occasions to discuss different options for the property; they looked at Woodside Drive and Moses Lane as possible accesses; but because of the cluster development being a little more unique than the traditional neighborhoods already located here, they did not want to impose their traffic on the adjoining neighborhoods; they tried to find the best place along North Mill Road to connect and are proposing to connect at the high point along the roadway, which offers 420’ of site distance looking back toward Kesler Mill Road and approximately 510’ in the opposite direction; the required site distance is 250’ so they are well over the required distance; he further discussed the layout of the development and the open space provided; he noted one thing not shown on the plans was that the developer is proposing to provide trails and/or sidewalks that will connect the open spaces for the use of the residents; he feels that with the help of City staff they have developed a nice development, which does not max out the density and provides a little different housing alternative for the area utilizing the City’s new Cluster Housing Overlay guidelines; he further noted that on the portion of the property that fronts on Woodside Drive they are proposing five typical residential single family lots not the cluster reduced lots; in doing so, they feel this will provide a buffer between that neighborhood and the proposed neighborhood; they have done the same thing along North Mill Road where they are proposing three lots; from a safety standpoint, it would not be appropriate to have a bunch of driveways close together coming out onto North Mill Road; with regards to traffic, he noted that they contacted the City and VDOT to inquire about existing traffic counts but could not find any; since they were unable to locate any, they went out and counted cars at the peak hour to determine the peak number of trips on North Mill Road; he stressed that the count was only done in front of this property; they counted 76 cars 15 at peak hour; the count was done from 7:00 to 9:00 a.m. with the peak hour being between 7:30 to 8:30; obviously there are more homes than this on North Mill Road so they tried to determine the reason the count was so low; he presented a location map to the Commission showing the proximity of the proposed development on North Mill Road; he noted that the bulk of the subdivisions are to the west of their site, and they surmised that the most of the traffic is using North Mill Road toward Craig Avenue to go to I-81 or to head into the City; while the numbers seem low for this portion, he imagines that if a count was conducted on the opposite end of North Mill Road, we would get a higher traffic count due to the other developments; he further discussed trip generations related to subdivisions; he noted that a typical subdivision will generate an average of ten trips per home; one study done related to planned residential developments similar to the proposed type of development indicates an average rate of 7.4 trips per unit which gives them 592 total trips per day as opposed to 790 trips for a regular single-family development; any entrance design with regards to turn lane, etc., will be covered in the engineering plans for the development; they are proposing storm water management in two locations for the development with the most logical being in some of the valley areas of the steeper portion of the property; they are also proposing an area along the front of the property on North Mill Road, which may be more of an infiltration-type area; with regards to layout, they are proposing 71 cluster lots and 8 standard RSF lots; the minimum lot size they are proposing is 5,750 square feet, and the minimum lot size allowed in the cluster overlay ordinance is 4,500 square feet so they are well above the minimum; the open space will be intermingled throughout the development to provide a unique community where residents have some room such as a larger field or area that the neighborhood can use; they are proposing 6.5 acres of open space in the development, and the open space required is 4.2 acres; he presented to the Commission pictures of typical homes which they are proposing to build in the development; the homes would be a mix of brick and vinyl with architectural shingles, architectural columns, stamped concrete or blacktop driveways, slate and vinyl floors, front and back porches, etc.; he noted that water pressure has been brought 16 up as an issue within the proposed development; they are prepared to provide water to the community, and it appears they will forfeit a lot or a portion of a lot for a water tank; he noted that they have had several discussions with Melvin Doughty, Director of Water and Sewer for the City of Salem, about the water situation, and obviously, before they build anything they have to have adequate water pressure for not only the homes but also for fire protection; so they are aware of the problem, and this will be covered in the engineering phase of the development should it go forward; finally with regards to proffered conditions, they are proffering the following: the project will be developed in substantial conformance with the master plan submitted; a maximum of 79 total units will be constructed; a maximum of 5 units will be constructed on Woodside Drive; no access will be allowed from Woodside Drive; trails and sidewalks will be developed to connect the open spaces; the Homeowners’ Association will maintain all the open space, trails and/or sidewalks, and the storm water management facilities; and WHEREAS, Commission Member Thomasson noted in the information provided the developer is proposing an anticipated price of $275,000 for a 1,500 square-foot home; Mr. Horne noted the anticipated price range will of course go along with the anticipated house size; they did not want to proffer a house size of 2,500 square feet, and then the market change a few years down the road when they are in the middle of developing the subdivision; at this time, the $275,000 price is for a 2,000-2,500 square-foot home; and WHEREAS, Commission Member Robertson noted that Mr. Horne was aware from the start that water was going to be an issue; he asked Mr. Horne if they took this into consideration in the projected prices of the homes, and Mr. Horne noted that they had taken this into consideration; he stated that they have talked to several contractors who build water tanks and pump systems, etc. and gotten some preliminary figures; further, he believes that Melvin Doughty, Director of Water and Sewer, is having a study done of the City’s water system, and they are waiting to see the data from that study in order to determine what they will need to do; and 17 WHEREAS, Commission Member Daulton asked if there would be a lot of speculative homes built or would a house be built after the lot is sold; Mr. Horne noted that usually several spec homes would be built along the way, but the development will be completed in phases so we will not have 79 homes built and then wait for them to sell; and WHEREAS, Commission Member Thomasson asked Mr. Horne what would be the time frame for build out of the development; Mr. Horne noted that possibly three to five years would be the time length for build out; and WHEREAS, Vice Chairman Murphy asked if anyone in the audience was there to speak related to the proposed rezoning; he stated that the Commission would like to hear their comments and asked that they not repeat any comments made, etc.; and WHEREAS, Russell Bach of 302 Woodside Drive appeared before the Commission noting that his biggest concern is road access in and out of the development; he noted that North Mill Road is quite narrow, and in a couple of places there is no shoulder on the road; also, on the west end, there is a very sharp, blind curve; he further discussed road conditions on both North Mill Road and coming out of Woodside Drive; he further noted that he was not aware of the water situation, but he would be interested to know from where the water would come, and if they will be putting in tanks, where will they be located; further, he believes that the biggest concern will be the traffic as he feelsit will be considerable; another matter of concern is the storm water management; and lastly, he noted he thought the developer picked some nice property to build on; and WHEREAS, Frank Dobbins of 1250 North Mill Road, who stated he lives directly across the street from the proposed development, appeared before the Commission in opposition to the request; he noted that he had several issues; first, North Mill is a very narrow road with numerous curves, some of them blind; he has had close calls on numerous occasions on this road; he believes that 18 the additional traffic poses a safety issue, and he noted that the City has not put any sidewalks in or any means for safety in this area; he noted there are people who jog, walk their dogs, etc. along this street, and he thinks the City really needs to take a look at the situation; his second concern relates to the storm water management; during hard rains, there is an issue with high water; he indicated to the Commission the area on the map where the problem currently exists; he noted that the proposed property is on a slope, and he is aware that the engineers are proposing detention ponds, etc.; however, he noted that all the water coming off the hill is not going to collect in the proposed basin; he questioned what is going to happen to the water when it comes off the hill; he further discussed the issue related to storm water management; he noted that a similar request on Penguin Lane was denied some months ago; he noted that the developers are proposing 79 homes on 27 acres, which accounts for about 3/10 of an acre per house; he noted that 3/10 of an acre per house does not leave much room for open space, and he questioned exactly how much open space they would actually have after everything is said and done; lastly, he questioned the engineer’s figures about the site distance at the entrance to the development; he believes the Commission needs to take a look at the development before they jump to any snap conclusion; and he is for redevelopment in the City, however, with markets the way they are, he believes that it is all about the mighty buck; developers want to build developments with houses crammed on top of each other and then let the City and the people who live around the development live with it; he further discussed the water supply with regards to the maintenance of the tanks, etc.; and WHEREAS, Patsy Dobbins, 1250 North Mill Road, appeared before the Commission noting that she has concerns about the schools; she noted that her two sons attended G.W. Carver School years ago, and at that time, they begged for new facilities for the school; now, we have a nice, new school; however, she can foresee overcrowding in the schools; she remembers one point in time her sons had to sit on the floor of the bus because it was overloaded; now, she cannot imagine having this many more families in the area, which is going 19 to mean more buses, more school room, more teachers, etc.; she is not sure where they did the traffic count, but she pulls out of her driveway at least six times a day, and that is on a lazy day; she cannot imagine the other people in her neighborhood having to pull out onto the road, which is a very curvy road; she also noted a water pond at the end of North Mill Road that is not being kept up now, so she is very concerned about a water pond on this property and who will maintain it; and Bob Pinnell of 497 North Woods Court appeared before the Commission in opposition to the proposed development; he noted that directly behind his house there is a subdivision currently under construction; when they started excavating, the back of his house, windows, decks, etc. were covered with dust; and not only that, when they were excavating, they had to listen to the heavy equipment working until 10 to 10:30 at night; further, there was carpentry work going on seven days a week as well as on holidays; if this developer is proposing to build 79 houses, he would like to know how he is going to handle problems such as these; and WHEREAS, Linda Snead of 300 Woodside Drive appeared stating that there are quite a number of teenagers who are hanging out on North Mill Road, especially at dusk, with their skateboard, bicycles, etc.; with more development, there are going to be more kids, more families, more cars, and she feels there is going to be a tragedy on this road; and she hopes we are not asking for a tragedy to happen; and WHEREAS, Zebulon Hooker II speaking on behalf of his father, Zebulon Vance Hooker, who is 86 years old and owns the property at 400 Moses Lane, appeared before the Commission in opposition to the request; he noted that there may be a number of technical reasons why this development may not fly too easily, but his concerns are more aesthetic; he noted that both he and his father have been approached about selling his home on numerous occasions; his father noted that he had been offered a really low offer, which bordered on an insult, for his house and property; Mr. Hooker noted that he thought the developer hoped his father was dottering enough to go ahead and sell it at that price; he noted that the whole approach 20 to developing this property has been shady; the City historically in his observation has not spent a huge amount of money on Moses Lane, and he realizes that it is a private road but with every rain storm approximately 90% of it ends up at the bottom of the hill; he feels that it would be very simple to fix the problem, but it never seems to get done; he noted that his father has been told by the Salem City garbage people that they cannot drive up to his house any more to get his trash because they might scratch their truck; this means he has to take his father’s garbage down about 100 yards so it is more convenient for them; he noted he brings up things such as this because perhaps a development such as the one proposed will change a lot of that, maybe it will make some things better, but he does not think so; he is amazed at the amount of traffic going up and down Moses Lane as he encounters traffic almost every day when he goes up to take care of his dad; he noted that this area is still sort of primitive, which is a good thing; he noted that this land is one of the few tracts of land left in Salem; it is very private, and he would just as soon his father’s last years not be spent listening to chainsaws and bulldozers; he understands that the City of Salem stands to gain much in tax revenue, and he is not opposed to that; however, there is probably a reason why houses are not built there already, probably because it is a pretty tough place to get water, sewer, etc.; and again, this is part of the charm of this area; he does not believe that we can find anyone living in the area who will say this project is a good idea; and WHEREAS, Joshua Rubongoya, 1346 North Mill Road, appeared before the Commission noting the aesthetics of the area; he stated one of the biggest enhancements around North Mill Road and the neighborhoods is the walking trail parallel to Kesler Mill Road; currently, this walking trail is one of the outlets to most of the neighborhoods on North Mill precisely because North Mill Road does not have sidewalks and no where else to exercise, ride a bike, take the kids for a walk, etc.; he feels that this development is simply going to overpopulate the trail, which is the only outlet to all the people who live in the neighborhood; he further discussed the significance and use of the trail with regards to the citizens of Salem; and 21 WHEREAS, Richard May of 307 North Mill Court, located at the intersection of North Mill Road and North Mill Court, appeared before the Commission in opposition to the request; he noted that a lot of the kids in the area hang out at his house and play basketball, football, etc.; it scares him now when the kids have to retrieve a ball that goes out into the road; his concern is the additional traffic this development will generate with regards to the kids playing, riding their bikes, etc.; he feels that this cluster development is going to create a cluster mess as far as the traffic; he believes the neighborhoods there now are very close knit, and even though Salem can probably use the tax base, he does not think we need the tax base more than we need the genuine cordiality in neighborhoods we have now; and WHEREAS, Kathy Chandler of 780 Camp North Road appeared noting she has some issues, but she is not sure if she is for or against the development because she is a realtor here in the City; she is concerned about the number of houses; she noted that with the traffic study, she felt the way they looked at it, it probably was a low number because there are not a lot of people going down Kesler Mill, rather they are going to Craig Avenue to go to town; with regards to the water drainage issue, she feels it could be a problem because all the water is going to go downhill toward Masons Creek, where it already floods out, and it could create a really large problem at the bottom of the hill once this happens; she also noted that the schools may also be an issue if we start overcrowding them; she is all for development, but she thinks this is excessive perhaps something more in line with North Mill Court; she feels it ruins the aesthetics of the entire neighborhood because most of the houses in the area have a decent size lot; and she noted this is the reason that people like it in this area because they actually have a yard; and WHEREAS, Jeffrey Leftwich of 500 North Mill Court, who lives next to the retention and drainage pond in North Mill Court, appeared before Commission questioning the storm water drainage; he noted that their homeowners’ association is responsible for the 22 maintenance of this pond and if they get additional water coming into their drainage area, he is not sure it can handle it; currently when they have heavy rains, this pond fills up; they have not had any problems with neighborhoods below them at this point, but he feels this could be an issue as far as water draining out their area into the homes and drainage systems below them; another question is how much water will this development send down their way into their system, which is of course tied into the City’s storm drainage system; there are definitely some liability issues with regards to storm water drainage, and he would like to have those questions answered by the developers; and WHEREAS, Rob Moore of 337 North Mill Court appeared in opposition to the proposed request; he stated the reason he and his wife had moved to North Mill Court was due to the rural setting and the lack of traffic; Salem schools was another reason they picked Salem; he discussed the storm water problem that his subdivision currently experiences when it rains and noted that there are two or three houses that have problems; he noted that Mr. Horne stated three units per acre for the development, but according to his figures, it is at least four units per acre; he was not aware of the water tank situation, but the Hanging Rock development’s water tank is yet to be constructed; he feels the other residents in this area could suffer because of the water situation; he has never heard of Cooper Homes, and he would be interested to know if these will be modular houses; also, the traffic is a problem in this area; further, he stated there has been one nearly fatal accident within 100 yards of the proposed entrance in the past year; and WHEREAS, Steve Smeltzer, 305 Woodside Drive, appeared before the Commission in opposition to the request; he noted that a lot has been said already about the roads, infrastructure, etc., but he is here to talk about the character of the neighborhood; he noted that they live more or less on the outskirts of Salem, in an area where they have a little elbow room; well, 79 homes in 28 acres does not sound like much elbow room to him; it is not in line with the character of their neighborhood, in fact, it might make sense in Atlanta, Charlotte, or even Roanoke; instead of 79 homes, why 23 not 40 or 50, which would be a little more like what is already there; North Mill Road is a problem, and the advent of more traffic is going to make this road a nightmare in terms of pedestrian traffic and also vehicular traffic; he has lived on Woodside Drive for over twenty-two years and in that time, nothing has been done in terms of upgrading the sewer or water systems; he asked if any studies have been done in terms of infrastructure problems that would address the advent of 79 more homes in the area; Chuck Aldridge, Acting Building Official and Zoning Administrator, noted that the water system has been studied as this is the reason they have determined they will need a tank, but he is not sure about the sewer system; with regards to the road, the General Assembly addressed this problem in its previous session when it passed a bill that states before a rezoning is done in an area, a traffic study needs to be done; the bill does not go into effect until July 2007, but he believes that they saw this to be a problem, and he feels in this situation perhaps we should do some more studying before making a decision; and WHEREAS, Kimberly Christian of 104 Deer Trace Lane appeared before the Commission noting that her children, her son is in the 5th grade and her daughter is in the 7th grade, started at G W Carver; this year at G W Carver there are 78 kindergarteners, and when her children went there were 60; so we can see that the class sizes are obviously larger; she also noted that they too could hear the dump trucks from the other subdivision at 10 p.m.; Martin Lane, a private road that backs up to her property, is not maintained by the City; they have water which runs over Martin Lane and she has to drive across potholes to get into her driveway; further, she noted that her children are not allowed to walk on North Mill Road due to the traffic and must walk through the woods to get to North Mill Court; she stated she hoped the Commission would really think about the decision they are making; and WHEREAS, John Kelly, 672 Dalewood Avenue, appeared before the Commission noting that he owns property at 359 Moses Lane; he bought this property about 4-5 years ago with the plan to tear down the existing house and build basically his final resting place; the 24 reason he bought this property is that it has almost three acres of land, and it is a very rural setting, if there is such a thing in Salem; if this project is allowed to go through, he is going to be staring at the back of approximately twenty homes, and this is not what he bought it for; he is a contractor and developer and he builds homes for a living, and he can certainly relate to what the contract purchaser wants to do, but he does not want it in his back yard and not in Salem; with regards to the traffic count, he thinks before the Commission considers approving this development, that a traffic count should be done by proper authorities; with regards to the water tank issue, he wonders if the main water lines coming to this area will support a water tank, will this drain everyone uphill of their water pressure; what about the amount of water runoff, with this many houses obviously consideration has to be given to the amount of roofs, size of roofs, retention ponds, etc.; he is currently working on a development of 49 homes on 22 acres; Draper-Aden did his model study, and his water system is failing; VDOT has him re-doing the system at a substantial cost so he has doubts about the ability of Draper-Aden to do the water studies; with regards to open space, it was noted that there is open space to all adjacent properties, but from looking at the map, there is no open space to Moses Lane; it appears to him there is about a 25- 30 foot backyard where he will be staring at the back of homes; he feels just like Mr. Smeltzer that before any consideration is given to this project, a lot of work and studies need to be done; and WHEREAS, Zane Christian of 104 Deer Trace Lane appeared before the Commission in opposition to the request; he noted that North Mill Road has a posted speed limit of 25 miles per hour, and as his wife noted earlier, they do not allow their children to be on or near this road; he noted that he thought the average speed on this road is at least 50 miles per hour; there is a lot of college- rental homes around this area and he sees a lot of college kids zooming up and down the road; he noted one older gentleman walks his dog, and he feels that this could be one fatality if this development goes through as planned; he stated that he hoped that the City will take serious consideration to do the proper studies before making a decision; and 25 WHEREAS, Martha Poage Conner, resident of 503 North Market Street and representing her parents who live at 1216 North Mill Road, appeared before the Commission; she noted that she has the same concerns as the others here this evening have especially for her mom and dad, who are 88 & 90 years old; she is concerned for their safety; she noted that her dad goes across the road to pick up the newspaper and mail; they have an issue with the water washing across their property from above; further, getting in and out of their driveway is a problem, and she feels this development is going to change their way of life; and WHEREAS, Ann Bach of 302 Woodside Drive appeared before the Commission questioning if anyone in the audience knew Bart Galbraith, who was a fine gentleman, and she noted that she could not believe that his three daughters were doing this; she stated that she & her husband bought their house approximately 40+ years ago, and they did not have to worry about the contractor when they built their home because Mr. Galbraith would be there every day to make sure the contractor did the job right; she further noted that Woodside Drive has not been looked at or resurfaced in better than 30 years; also, North Mill Road is very narrow, and she noted at the intersection of North Mill Road and Kesler Mill Road you cannot turn onto North Mill Road from Kesler Mill if a car is coming down the hill; she noted that she hoped the Commission would think of our children when making their decision; and WHEREAS, Sean Horne of Balzer & Associates reappeared noting that he wanted to thank everyone for coming out, and he would try to address the concerns as best he could; he noted with regards to the storm water management, they cannot increase the current rate of water flowing off this property after the development, which is governed by the laws and regulations of the City and the State; they have to abide by those regulations just like any developer, and before the final engineering plans are approved, they have to indicate this; they will make every effort to not only meet the requirements, and where they can, they will go above and beyond if they need to provide additional storage in the ponds, etc.; he noted that the site distance issue had been questioned; he 26 explained their entrance location is actually on the high point of the knoll of North Mill Road, and there is a site line of 420’ in one direction and 510’ in the other direction; he noted someone had questioned who would maintain the open space, and the homeowners’ association will be responsible for the maintenance; with regards to the pedestrian traffic on North Mill Road, this type of development with internal open spaces and internal walking systems sustains itself with areas to walk and areas to play so that people do not have to get out in the busy streets to walk, etc.; with this being such a big issue, the developer has agreed to proffer sidewalks on one side of the street in addition to the trails being provided in the open space, which will provide a complete circulation pattern throughout the site for the residents; with regards to the water supply, they will work with the City on this issue, and it is his understanding the water tank will be a City- owned tank since there are issues in this area already; the proposed tank will benefit the entire area from a water pressure standpoint, and again, as this is an engineering issue, they will work with the City’s engineers to come up with the best design possible for everyone involved; as far as the noise from construction and the time of construction, he stated he wishes he had a better fix for everyone, but of course, with construction, there is going to be noise; he feels that something can be worked out with regards to time frames, but he does not think that the developer works at 10:00 at night, but they will work with the City to make this work best for everyone; with regards to the comments about Moses Lane, this development will not be accessed by Moses Lane; with regards to the comments on the density of the development, the density is based on the total number of units on the entire parcel just like it is for any other development; they have less than 3 units per acre on the entire tract, and of that figure, 6½ acres is open space; the lot sizes are smaller than a third of an acre, but in the overall density, they are providing a much better situation with the large open space areas intermingled between the houses; regarding the traffic study, since there is no data available for this area, what we have to go on for now is the data they collected; and 27 WHEREAS, Commission Member Thomasson noted that one gentleman had commented about moving the storm water uphill, and he asked Mr. Horne if he could discuss this further; Mr. Horne discussed the storm water management areas for the development and noted that they plan to place the facilities where the water naturally drains on the low portions of the site; and WHEREAS, Mr. Horne noted the number of lots in the development had been mentioned; they look at density from the standpoint of the number of units per acre; he noted the City’s requirements for a standard residential single family subdivision is a minimum lot size of 9,000 square feet, which is greater than four units per acre; so, they are well below what a standard single family residential subdivision would be allowed to have; and WHEREAS, Commission Member Robertson stated it had been noted that the storm water management would satisfy the state’s requirements; he asked Mr. Horne if the proposed system is beyond the state requirements, considerably beyond the requirements, or if it just meets the requirements; Mr. Horne noted that they have not completed the full engineering design, but the City’s requirements are to reduce the ten year and the two year storm events below pre- development rates; this basically means that you are not allowing a higher rate of discharge off the property than what was there before, which is the way the City meets the state code; further, Mr. Horne noted that if the storm water becomes a huge issue, they are prepared to do a 10-2 and 25/10 detention, which basically means they will take the 10 year post development storm and reduce it below the 2 year pre-development storm; this is a huge reduction and is not only meeting the minimum runoff, but is actually reducing the rate of runoff from the property from what it was before construction; Mr. Horne further noted that the developer is willing to proffer this as well; and WHEREAS, Commission Member Thomasson asked if the existing runoff could be improved with the development than as it exists right now, and Mr. Horne noted that this was correct; Mr. Horne noted that the 25-10 and 10-2 is a standard that Roanoke County uses and is a common practice in the area; and 28 WHEREAS, Melinda J. Payne, Director of Planning and Development, noted that someone had asked about the construction of the homes; Mr. Horne noted that the homes will be stick-built homes built specific to each lot with a combination of brick & vinyl- exterior, architectural shingles, architectural columns, stamped concrete or blacktop driveways, slate and vinyl floors, front and back porches with a screened back porch, etc.; he presented to the Commission renderings of proposed homes for the development; he further discussed the proposed homes and noted that there will probably be a good variety and mix of homes; and WHEREAS, Commission Member Daulton noted that one person had stated that the water tank is one of the last things to be put in a subdivision, and she asked Mr. Horne if this was correct; Mr. Horne noted that some times this is correct, but it depends on the development; he further discussed the need for a water tank in relation to subdivision development and noted that he anticipated the water tank would be installed fairly early whether it is in the first 10 or 20 homes but within the first 20-40 homes at the latest; Mr. Horne noted that the water tank would be owned by the City and that it would be public water on the City’s water lines; Commission Member Daulton asked if additional water lines would be needed for the tank, and Mr. Horne noted that they would have to provide an extension to the tank and any upgrades to the lines that would be required from whatever point they decide to tie in; he noted that they are working with the City to come up with the best solution on this issue; and WHEREAS, Charles E. VanAllman, City Engineer, appeared before the Commission noting that the issue is not the availability of water, rather it is an issue of pressure; he stated that Melvin Doughty, Director of Water & Sewer, who is in attendance, could elaborate further on this; there is water, but it is not at high enough pressure; and WHEREAS, Assistant City Attorney Bill Maxwell noted that it might be a good idea to summarize the proffered conditions; and 29 WHEREAS, Mr. Horne noted that the contract purchaser, Cooper Homes, would proffer the following conditions: the project will be developed in substantial conformance with the master plan submitted; a maximum of 79 total units will be constructed; a maximum of 5 units will be constructed on Woodside Drive; no access will be allowed from Woodside Drive; trails and sidewalks will be developed to connect with open spaces; sidewalks will be constructed on one side of all proposed streets; the Homeowners’ Association will maintain all the open space, trails and/or sidewalks, and the storm water management facilities; the storm water management will be designed in accordance with 10-2 and 25-10 detention scenario; and every reasonable effort will be made to preserve the existing trees that are not required to be removed due to the installation of the physical improvements, homes and grading of the property; and WHEREAS, Assistant City Attorney Bill Maxwell noted that it would be helpful if the engineers could put those in writing prior to going before City Council; and WHEREAS, Commission Member Daulton asked if Woodside Drive is a private road or is it a city street, and it was noted that it is a city street; and WHEREAS, Sandy Smeltzer of 305 Woodside Drive appeared before the Commission and asked what would be placed around the storm water detention areas, and Mr. Horne noted that normally they landscape around them, and if it is a deep structure, then it will need to be fenced; further, along the road and out at the front of the subdivision, they will have some type of architectural fencing or nice screening, not just a chain-link fence; Mrs. Smeltzer asked if it would be a wooden structure, and Mr. Horne noted that it might be a wooden board-on-board type or a wooden fence of some type depending on the depth of the structure; and WHEREAS, Commission Member Thomasson asked if the depth would dictate safety fencing, and Mr. Horne noted that this was correct; Mr. Horne further discussed fencing for storm water detention areas; and 30 WHEREAS, Mrs. Smeltzer asked Mr. Horne if there would be more of one type of home versus the other types because to her some of the two-story homes are very ugly; she further noted that if they have to endure this development, it would really be nice if they could be pretty homes; Mr. Horne noted that more of the patio-style homes would be built; and WHEREAS, there was further discussion regarding the type of construction for the development; and WHEREAS, Commission Member Robertson noted that the color concept of the development indicates a lot of trees, and he questioned Mr. Horne if these were existing trees or if this is landscaping they would be planting; Mr. Horne noted that the streetscaping shown on the plan are trees that would be planted along the road, and they will leave any of the existing vegetation that they are able to as part of the open space; he further noted in any areas they will not be grading they will be able to leave vegetation; the more dense areas of the project obviously have to be cleared out to build the homes, but the surrounding areas where they can preserve the trees, they will be happy to preserve those; and WHEREAS, John Kelly reappeared before the Commission noting he had asked the developer quietly what the minimum square footage for the houses would be, and he told him around 2,000 square feet; Mr. Kelly noted that looking at the size of lots with a 2,000 square- foot home, a 5-600 square-foot garage, decks and porches, a 500 square-foot driveway, then that only leave a small area for grass; he also asked where the water tank would be located on the property; and WHEREAS, Rob Moore reappeared before the Commission noting that the developer will have to tap into the main water line that runs down North Mill Road, and because the water line is on the North Mill Court side of the road, North Mill Road will have to be dug up to tap into that line; further, he noted he wanted to reiterate Mr. Kelly’s comments that we are looking at a 2,000 square foot house on a .25 acre lot; he noted that they had only 31 heard a price of $275,000 and he asked what is a more reasonable price range for the homes; and WHEREAS, Jeffrey Leftwich reappeared before the Commission noting his question regarding the storm water drainage had not be adequately addressed; he asked if most of the storm water drainage would be taken to the Kesler Mill Road side or toward Craig Avenue; if it will be taken to the Craig Avenue side, then this is probably going to feed into the system they have in North Mill Court; if this system cannot handle the additional water, who is responsible for upgrading the system so that it can handle the water; is it the homeowners; is it the City; if not, then he believes it would fall to the developer; also, we have to consider the additional water coming into the North Mill Court retention pond, and he certainly does not want his house flooded by it; we have neighborhoods below this also, and it could be a disaster, if the small damn holding back the water on the retention pond were to break; there are six to seven homes that would be affected immediately; who is liable if this should happen; and WHEREAS, there was a discussion about the collapse of a retention pond in another locality; and WHEREAS, Charles E. VanAllman, City Engineer, reappeared before the Commission noting that the developer has agreed to proffer a 10-2 and 25-10 retainment rate; he noted that the pond is proposed to hold the difference between what comes off the site now and what would be increased by the impervious area; the water would reside in storage in the pond and be released at the same rate that it would be if it were left as grass; he further clarified that the developer has proffered the rate will be less than what currently exists; and WHEREAS, Commission Member Thomasson asked with regards to Mr. Leftwich’s comment about who would be responsible if there was a failure of the retention area; Mr. VanAllman noted that there are certain construction standards that apply and due diligence when the pond is built with inspections; he further discussed the storm water detention and retention areas, etc.; and 32 WHEREAS, it was noted from the audience that the question still had not been addressed; and WHEREAS, Frank Dobbins reappeared explaining how the water flows off the property; he noted that retention ponds will hold the water for awhile, but they still do not do the job; the City allowed Mr. Allen Garst to build eight or ten homes, and they put in a retention pond; just a few weeks ago when we had the high rain, the water was pushing rocks as big as boulders out into Kesler Mill Road; we need to consider where the water is going to go when everything in the development is going to be asphalt, concrete, and shingles; we need to look at it now before it becomes a major problem, and he personally will not stand for the City of Salem or the contractors to dump water over on him; he cannot afford it, and if they lived there, they would feel the exact same way he and the other residents do; and WHEREAS, Barbara Leftwich of 500 North Woods Court appeared asking who would they need to call when a storm hits so that they can determine whether or not it went over and above what it should have been; after the development, who is going to decide who is at fault when her basement is flooded; and WHEREAS, Mr. Horne noted that there was only a couple of other things he wanted to address; he stated that the development will have smaller lots with less green space on the individual lots but the point of this style development is to offer something different and unique for the City, something that contains its own pedestrian traffic, something that provides a better situation or alternative to a traditional subdivision that does not provide sidewalks, walking trails, or open space; with the traditional subdivision, people are put out on the streets to find places to walk, hike, etc.; in his opinion, this is the principle issue with the rezoning; what is the best use for the property and how are we going to develop it; he feels this is a good opportunity to do something unique and different that will be good for Salem and good for the area; with regards to the storm water management, it is 33 probably the most regulated thing in the development field that they must comply with; this is a typical thing that is required with every development and some of them are done better than others; again, they are proposing to go above and beyond the City’s requirements to help alleviate any concerns the City might have and help deter any situation that might occur; he does not know of anything else they can do to reduce the water any further than what they are offering; and WHEREAS, Linda Snead reappeared before the Commission noting it was kind of the developer that he would like to offer them something unique; she is real flattered; she is also really proud of their community for showing up and taking such pride in north Salem; she is proud of the character of the community and feels it is very unique; she noted that they are not opposed to the development just terribly opposed to the unique proposition; further, she feels that they need to build something more reasonable that is in character with their community; and WHEREAS, Patsy Dobbins reappeared before the Commission noting that she hopes a decision was not made before they walked through the door this evening; she would be very disappointed if it has been because she is one of the many people here who are very proud to live and work in Salem; she further discussed the problems with the overcrowding of the schools and school buses; further, she is very concerned about our children and wants to make sure that the schools are not so overcrowded and overloaded that the children do not get the education they deserve; she further discussed recent water problems associated with the property and a new roadway into the property; she pleaded with the Commission to please take these concerns into consideration as she and her neighbors have to live with the decision; further, they do not want this cluster of homes in their neighborhood and this cluster of cars on their street; she further talked about the proposed development and noted that there is already water and mud coming from the property from the roadway cut into the property; she does not see how this development with the concrete, asphalt, etc., will not cause further problems; she thanked the Commission and stated she wanted them to know that they 34 are talking from their hearts; further, she asked that the Commission not let these people make them come to a decision before they hear the issues; and WHEREAS, Kathy Chandler reappeared noting that if they plan to market this development to the elderly population, we need to make sure the streets can handle the increase of traffic and fire engines and ambulances; and WHEREAS, Commission Member Thomasson asked if the City takes into account the impact on the school system when we have developments such as this and also the impact on the maintenance of North Mill Road; Assistant City Manager and Executive Secretary Jay Taliaferro noted that the maintenance on North Mill Road is dictated by a state formula; the City receives so much money per lane mile and would not receive any extra money because of potential development; the only extra money the City would receive would be for the extra lane miles for the public streets in the development; Mr. Taliaferro further noted that the school system would be better to address the question about the schools, but his understanding is that they do their best to project over the next several years, but they really do not have a good barometer for new development; and WHEREAS, Commission Member Daulton noted that it had been brought up that we did recently turn down a project on Penguin Lane very similar to this one; she wanted to make everyone aware that the proposed development there was for a PUD (Planned Unit Development), which could have included retail; she noted that the cluster housing overlay proposed here is different from the PUD; another thing that should be noted is that when the City held public hearings associated with updating the Comprehensive Plan, cluster housing was something that many, many Salem residents indicated they wanted to see in the City; she compared the cluster housing overlay to the Wiley Court development located in Langhorne Place and noted that she was not abdicating it one way or the other, she just simply wanted to make everyone aware of this; and 35 WHEREAS, Commission Member Robertson noted that the request is actually a two-part request; the first part is the rezoning of the property to RSF Residential Single Family zoning, and this could be requested at any time and probably not that difficult to have it approved; if that were the case, then a regular subdivision plan could be brought before the Commission, and if it met all of the current requirements, then it could go in just as quickly as the proposed development; so, the development of the land is possible even if we do not approve this particular request, and current landowners’ properties would still back up to other homes regardless; and WHEREAS, John Kelly reappeared noting that he thought with the cluster housing development the roads would be private roads not public roads; Vice Chairman Murphy noted that the developer has the opportunity to petition for private roads, and in this particular case, the developer has proffered roads to VDOT standards; Mr. Kelly asked if the roads would be private, and Vice Chairman Murphy noted that the roads would be maintained by the city; and WHEREAS, Vice Chairman Murphy thanked everyone for their comments and noted that this is public discourse at its best; he further noted for clarification that the Commission’s responsibility is to make a recommendation to City Council; he also wants everyone to pay serious attention to Commission Member Robertson’s comments because all of them realize that land is at a premium in the City; it is his contention that North Mill is going to be developed in some form or fashion; further, as Commission Member Daulton stated, the Commission as well as the City Council listened to citizen input in terms of developing the City’s Comprehensive Plan, and this was one of the issues that was brought forth and added to the zoning and subdivision ordinances; he further noted that he could assure them that the numbers are correct, and he also assured everyone that if they have problems with the streets being maintained, storm water management, etc., then that is what the staff at the City is for; there is no reason why they cannot obtain answers to their satisfaction; and further, 36 everyone on the Commission lives in Salem just like those in attendance, and they take their responsibilities extremely seriously; and WHEREAS, there was further discussion to determine if the Commission was considering the rezoning and special exception as one request or separately; and WHEREAS, Commission Member Robertson noted that he felt this proposal is better than a full blown subdivision proposal, which could be requested at any time; further, after having heard all the issues, he believed that the developer has made a good faith effort to try to resolve most of those issues and has gone beyond in some cases especially with the proffer related to the storm water management issue; A MOTION MADE BY COMMISSION MEMBER ROBERTSON, that the Planning Commission of the City of Salem doth recommend to the Council of the City of Salem that the request of Elizabeth Decarolis, Carolyn Nolan, and Joyce Colony, property owners, and Cooper Homes, contract purchaser, for rezoning four parcels located in the 1200 block of North Mill Road and the 300 block of Woodside Drive (Tax Map # 29-1-5, 10, 11, & 12) from AG Agricultural District to RSF Residential Single Family District be approved with the following voluntarily-proffered conditions: 1) the project will be developed in substantial conformance with the master plan titled “The Village at North Mill” prepared by Balzer and Associates, Inc., dated July 28, 2006; 2) a maximum of 79 total units will be constructed; 3) a maximum of 5 units will be constructed on Woodside Drive; 4) no access will be allowed from Woodside Drive other than the five lots fronting the street; 5) the Homeowners’ Association will own and maintain all open space, including trails and/or sidewalks, and the storm water management facilities; 6) trails and/or sidewalks will be built to link the proposed open space; at a minimum, sidewalks will be constructed on one side of all proposed streets; 7) storm water management will be designed in accordance with 10-2 and 25-10 overdetention requirements; and 8) every reasonable effort will be made to preserve the existing trees that are not required to be removed due to the installation of the 37 physical improvements, homes and grading of the property; and the request for the issuance of a Special Exception Permit to allow a Cluster Housing Overlay (COL) be approved as presented and with the condition that all open space associated with this proposal be restricted from further development and be so noted on City maps – the roll call vote: Mr. Thomasson – aye; Mrs. Daulton – nay; Mr. Robertson – aye; and Mr. Murphy - nay. WHEREAS, Vice Chairman Murphy noted the request goes to City Council with no recommendation, if he understands it correctly; and Assistant City Attorney Bill Maxwell stated that there is no affirmative recommendation from this body, and the request goes to City Council with a 2 to 2 vote. There being no further business to come before the Commission, the same on motion adjourned at 9:37 p.m.