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HomeMy WebLinkAbout9/13/2006 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION September 13, 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 September 13, 2006, there being present the following members of said Commission, to wit: Gardner W. Smith, Jimmy W. Robertson, Vicki G. Daulton, and Bruce N. Thomasson (Terrance D. Murphy – absent); with Gardner W. Smith, Chairman, presiding; together with James E. Taliaferro, II, Assistant City Manager and Executive Secretary, ex officio member of said Commission; Melinda J. Payne, Director of Planning and Development; Charles B. Aldridge Sr., Acting Building Official and Zoning Administrator; Benjamin W. Tripp, Planner; and William C. Maxwell, Assistant City Attorney; and the following business was transacted: ON MOTION MADE BY COMMISSION MEMBER THOMASSON, AND DULY CARRIED, the minutes of the regular meeting and work session held on August 16, 2006, were approved as written – the roll call vote: all present - aye. In re: Request of Envisions of Salem LLC, property owner, for rezoning the property located at 129 Mill Lane (Tax Map # 165-2-1.2) from BCD Business Commerce District to RSF Residential Single Family District The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of Envisions of Salem LLC, property owner, for rezoning the property located at 129 Mill Lane (Tax Map # 165-2-1.2) from BCD Business Commerce District to RSF Residential Single Family District; and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the August 31, and September 7, 2006, issues of the Salem Times-Register, and adjoining property owners were notified by letter mailed September 1, 2006; and 2 WHEREAS, the Executive Secretary stated that a letter had been received from the petitioner requesting the rezoning petition be continued until the October meeting of the Planning Commission; ON MOTION MADE BY COMMISSION MEMBER THOMASSON, AND DULY CARRIED, the request of Envisions of Salem LLC, property owner, to continue the rezoning petition to the October meeting of the Planning Commission of the City of Salem was hereby approved – the roll call vote: all present - aye. In re: Consider amending Chapter 106, Article II District Regulations, Section 106-214.2(B)(5); Article III Use and Design Standards, Section 106-310.17, and Article VI Definitions and Use Types, Section 106-602.9 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to Adult Business The Executive Secretary reported that this date and time had been set to hold a public hearing to consider amending Chapter 106, Article II District Regulations, Section 106-214.2(B)(5); Article III Use and Design Standards, Section 106-310.17; and Article VI Definitions and Use Types, Section 106-602.9 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to Adult Business; and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the August 31, and September 7, 2006, issues of the Salem Times-Register; and WHEREAS, staff noted the following: the proposed changes to the zoning ordinance would amend the City Code governing adult businesses; it is the opinion of Staff that the Code as it is currently written does not include enough detail to adequately regulate such businesses; the first change would amend Section 106- 214.2, Permitted Uses for the HBD Zoning (Highway Business District), to allow adult businesses within that district singularly; the second change would add Section 106-310.17 to Article III, Use and Design Standards, of the ordinance and would include the following regulations: 3 1. No sexually explicit material could be displayed in store windows, nor may merchandise be visible from outside the establishment; 2. No signs shall have sexually explicit material; 3. The parking areas must be well lit; 4. Only persons over 18 may work at an adult business; 5. The establishment must have a surveillance system; tapes must be kept for a period of one year, and must be accessible to law enforcement and the Department of Building Inspections and Zoning in accordance with applicable law; 6. No adult business may be located within 300 feet of a day care center, educational facility, school, church, or RSF, RMF, RB, AG, or MHP districts; The last change would amend Section 106-602.9, Commercial use types, to include a thorough definition of what constitutes an adult business; this includes the following uses: Adult Book Store, Adult Video Store, Adult Hotel, Adult Movie Theater, Adult Night Club, and Adult Model Studio; it then broadly defines any other business that “exploits an interest” in sexual activities or specified parts of the body as also being under the regulation of this ordinance; and WHEREAS, Melinda J. Payne, Director of Planning and Development, appeared before the Commission explaining the proposed ordinance amendments; she noted that she wanted to clarify for the public the purpose of the amendments because she felt there had been some confusion; the City is not promoting the establishment of adult businesses in the City but basically trying to strengthen our existing code so that we may more adequately regulate such businesses; by law, we cannot prohibit adult businesses in Salem; furthermore, we cannot write laws that are so restrictive that it 4 would make it impossible for businesses to locate in Salem; City staff has determined that such businesses should go in our Highway Business District zoning, which is primarily located on West and East Main Streets and Apperson Drive; the suggested changes, which have been patterned after existing ordinances in surrounding jurisdictions, would limit adult businesses to 300 feet from day care centers, educational facilities and schools, religious assemblies, and most residential and agricultural areas in the City; she further noted that there were several other changes that are outlined in the staff report presented to the Commission; and the new rules are intended solely to regulate sexually-oriented businesses in order to promote the health, safety, morals, and general welfare of our citizens; and, again, by no means are the changes intended to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment; and WHEREAS, Chairman Smith noted that the Commission had a detailed discussion in their work session earlier in the day concerning the ordinance amendments and there was a great deal of exchange related to the matter; and WHEREAS, Commission Member Robertson noted that he just wanted to clarify that the age of individuals who might want to purchase items, see movies, etc., in the adult businesses is governed by the state code; he further noted that he assumed the individuals would have to be 18 years of age; Melinda J. Payne, Director of Planning and Development, noted that is her understanding; and WHEREAS, Commission Member Thomasson noted that based on everything he had read he believed that the City staff had done a great job of making sure we looked after the interests of the citizens while still protecting the rights of the business owners; he further noted there had been a lot of effort put into the proposed changes; and 5 WHEREAS, Chairman Smith noted that this matter was part of the overall action the Commission took related to the Comprehensive Plan but not in the detail outlined in the ordinance amendments; 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 Chapter 106, Article II District Regulations, Section 106-214.2(B)(5); Article III Use and Design Standards, Section 106-310.17; and Article VI Definitions and Use Types, Section 106-602.9 of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to Adult Business be amended as follows: ARTICLE II DISTRICT REGULATIONS Section 106-214.2 Permitted Uses B(5) Commercial Use Types: Adult Business ARTICLE III USE AND DESIGN STANDARDS Section 106-310.17 Adult Business (A) General Standards: 1. Sexually explicit material shall not be displayed in the windows of adult businesses. Further, adult merchandise as defined in Chapter 58, Section 58-180 shall not be visible from any point outside the establishment. 2. Signs advertising the adult business and any attention-getting devices shall not display sexually explicit pictures or language. 6 3. All off-street parking areas of the adult business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and walkways. Adequate lighting shall also be provided for all entrances and exits serving the adult business. 4. Adult businesses shall not employ any person under the age of 18. 5. Wide angle mirrors and/or video systems must be used to provide the manager with continuous monitoring of all areas of the establishment. 6. The owner or operator shall install, operate and maintain a security camera and video tape system designed by a security specialist which shall continuously monitor all exterior entrances and parking areas of the establishment. Such cameras shall provide clear imagery of the establishment’s patrons and their vehicles. Tapes recording activities in the areas under surveillances shall be preserved for a period of 12 months. Authorized representatives of the Police Department or the Building Inspections and Zoning Department shall have access to such tapes in accordance with applicable law. 7. No adult business shall be located within 300 feet of a public or private licensed day care center, educational facilities, primary/secondary, religious assembly, or RSF, RMF, RB, AG, or MHP Districts. 7 ARTICLE VI DEFINITIONS AND USE TYPES Section 106-602.9 Commercial use types Adult Business. Any adult bookstore, adult video store, adult model studio, adult motel, adult movie theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matters relating to specified sexual activities or specified anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons, and as such terms are defined in Chapter 58 of this Code. – the roll call vote: all present – aye. There being no further business to come before the Commission, the same on motion adjourned at 7:16 p.m.