Loading...
HomeMy WebLinkAbout10/11/2006 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION October 11, 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 October 11, 2006, there being present all the members of said Commission, to wit: Gardner W. Smith, Terrance D. Murphy, Jimmy W. Robertson, Vicki G. Daulton, and Bruce N. Thomasson; 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; William L. Simpson, Jr., Civil Engineer II; 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 September 1 3 , 2006, were approved as written – the roll call vote: all 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 (continued from the September 13, 2006, meeting) 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 (continued from the September 13, 2006, meeting); 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, staff noted the following: the subject property consists of one parcel located on Mill Lane between the railroad tracks and the Low Water Bridge; currently, there are two vacant buildings on the property; the lot is approximately .61 acres; the southern portion of the property is located within the Roanoke River floodway, and the remaining portion is within the 100-year flood boundary; this request is to rezone the property from BCD (Business Commercial District) to RSF (Residential Single Family); the applicant states that the property is unviable as a commercial interest due to several problems unique to the situation of the lot; the applicant states that in order to raise the property out of the flood zone, he would have to build up the land by eight feet, causing problems with meeting the parking requirements; the applicant has also stated that, through discussions with the Water Department, it is not feasible to upgrade the water and sewer service to standards required for commercial development; due to the limitations of the site, the applicant insists he is unable to improve it, leaving him with the only option of utilizing the existing structures as best he can; and WHEREAS, David Derr of Envisions of Salem LLC, property owner, appeared before the Commission explaining the request to rezone from BCD Business Commerce District to RSF Residential Single Family District; he noted that he was the developer of the Commonwealth Business Park located on Mill Race Drive, which encompasses about 15 acres on the west side of Mill Lane; he discussed the development of the business park along with the number of companies, employees, income, etc.; because this area is located in the floodplain, the properties had to be raised to the FEMA level plus one foot; further, he personally coaxed all of companies, which were not in the City of Salem, into the complex; in fact, of the sixteen companies located there, only one company was located in Salem; he explained that the property located at 129 Mill Lane was part of a settlement between he and a former partner, and the structure located on the property has been vacant for two years; he noted that this property was originally used as a residence, but it was rezoned to the existing BCD zoning 3 approximately 4½ to 5 years ago; he and his former partner invested a great deal of money in this property, and over the years since it was rezoned, they have had four different renters in the building; it has not been successful as a commercial property; further, the property has flooded four times during this time; they have been unable to keep renters due to the flooding; he looked into raising the property and constructing a commercial building, but one of the things restrictive to the property is that the closest sanitary sewer is approximately 700’ from the property; he stated he spoke to Melvin Doughty in the Water and Sewer Department, and the only acceptable way to service the property would be to extend the line at the intersection of Tidewater Street and Mill Lane; he further discussed the restrictions to using the property for a commercial use, and he requested the Commission rezone the property to residential; he noted that he does not plan to sell the property; he stated that he thought that people who reside by the river are aware of the flooding problems and realize that you have to be alert; he further noted that he believes that residential renters deal with life along the river differently than commercial renters; he further discussed the problems associated with leasing this property; and WHEREAS, Chairman Smith asked Mr. Derr to clarify the amount he would need to elevate the property, and Mr. Derr noted that in order to get a building permit it would have to be raised in excess of 7 feet; he noted that by raising the property the parking lot will be in excess of 11% grade, and further, the property is restricted due to its triangular shape and because at least a third of it is in the floodway; he further discussed the problems associated with developing the property for commercial use; and WHEREAS, Commission Member Thomasson noted that the property had flooded four times in the past; he asked Mr. Derr how much damage was sustained by the flooding; Mr. Derr noted most of the damage to the property has been cosmetic, but the problem is that it disrupted the businesses, which caused several of them to relocate; and 4 WHEREAS, Vice Chairman Murphy asked the Director of Planning and Development if the property had ever been zoned for residential use; he further noted that he did not recall that the property had ever been zoned for residential because he remembered it being rezoned from Heavy Manufacturing to Business Commerce and now, Mr. Derr is requesting it to be rezoned to residential; and WHEREAS, Melinda Payne, Director of Planning and Economic Development, noted that this had been researched by staff earlier in the day, and it was determined that when this request came before the Commission previously, the property was zoned M-2 Heavy Manufacturing; and WHEREAS, Commission Member Robertson asked Mr. Derr which of the structures on the property had been leased, and Mr. Derr noted that both structures had been previously leased; and WHEREAS, Commission Member Robertson asked Mr. Derr why he thought there would be more interest to lease the property for residential use rather than for commercial use; he noted that the property is closer to more commercial uses than residential uses; Mr. Derr noted that he actually did not plan to lease the property; rather, he intended to give the property to his daughter; and WHEREAS, Commission Member Daulton asked Mr. Derr if the property would need additional renovation to convert the building to a residence, and Mr. Derr noted that it would not be necessary to renovate the building for residential use; he further noted that they are presently putting on a new roof, and they may add on another bathroom, but this would be the extent of any renovations; and WHEREAS, Commission Member Robertson asked Mr. Derr what his daughter would do with the property, and Mr. Derr noted that his daughter plans to reside in the house; and 5 WHEREAS, Commission Member Thomasson asked Mr. Derr if he could safely say that the property has not been aggressively marketed for commercial use, and Mr. Derr noted that Commission Member Thomasson was correct in his assumption; and WHEREAS, no other person(s) appeared related to said request; WHEREAS, Vice Chairman Murphy noted that he had several issues related to rezoning the property, and he would recommend denial of the request from a planning standpoint; first, he has a problem with the potential flood situation of the house because this would be placing those people who would be living in the house in harms way; it seems to him that we would be trading one set of problems for another set; as he looks at the situation, he has to consider his duty as a Commission member and consider the land use issues; he believes that this request borders on spot zoning, and he does not believe this is very sound and effective planning; 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 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 (continued from the September 13, 2006, meeting) be denied as presented – the roll call vote: all aye. In re: Request of HRT of Roanoke, Inc., property owner, and Valley Occupational Medicine, lessee, for the issuance of a Special Exception Permit to allow a medical office for an occupational medicine practice at 2131 Apperson Drive (Tax Map #281-1-2) The Executive Secretary reported that this date and time had been set to hold a public hearing to consider the request of HRT of Roanoke, Inc., property owner, and Valley Occupational Medicine, lessee, for the issuance of a Special Exception Permit to allow a medical office for an occupational medicine practice at 2131 Apperson Drive (Tax Map #281-1-2); and 6 WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the September 28, and October 5, 2006, issues of the Salem Times-Register, and adjoining property owners were notified by letter mailed September 29, 2006; and WHEREAS, staff noted the following: this request is for a special exception permit to allow the operation of an outpatient occupational medicine office; the subject property consists of one parcel located along Apperson Drive; currently there is a large office/retail center located on the property; the lot is approximately 18.5 acres; there is one large main building at the rear of the property and several smaller outlying buildings, including a medical clinic; the applicant will be located in one of these outbuildings; this business is already operating; the applicant was unaware of the requirement for a special exception permit since they were relocating from another building on the same property; the lessee discovered the requirement in the process of obtaining a business license; the City Planner and Zoning Administrator were able to walk them through the process, and Mr. Aldridge decided to allow them to operate without a permit so long as they requested one at the next available Planning Commission meeting; and WHEREAS, Richard Wellford of 8370 Martins Creek Road, Roanoke, agent representing the property owner, appeared before the Commission explaining the proposed request to allow the property to be used for an occupational medical practice, which relocating from another building located on this same property; and WHEREAS, Mr. Wellford noted that the office will be occupied by Dr. Castern, who has practiced in Salem for almost 15 years, and basically just moved across the parking lot; he further noted that it never occurred to the property owner or the tenant that a Special Exception Permit would be required to relocate the business; and 7 WHEREAS, Vice Chairman Murphy asked Mr. Wellford if Dr. Castern would be located in the space to the left of the building and if he had purchased the whole building; Mr. Wellford noted that Dr. Powledge and Dr. Castern are in practice together, and they will be leasing one-half of the former daycare building; 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 HRT of Roanoke, Inc., property owner, and Valley Occupational Medicine, lessee, for the issuance of a Special Exception Permit to allow a medical office for an occupational medicine practice at 2131 Apperson Drive (Tax Map #281-1-2) be approved as presented – the roll call vote: all aye. In re: Request of Waldrop Development Corporation, property owner, for rezoning the property located at 1886 Murrell Avenue (Tax Map #128-1-3) from RSF Residential Single Family 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 Waldrop Development Corporation, property owner, for rezoning the property located at 1886 Murrell Avenue (Tax Map #128-1-3) from RSF Residential Single Family District to RMF Residential Multi-Family District; and WHEREAS, the Executive Secretary further reported that notice of such hearing had been published in the September 28, and October 5, 2006, issues of the Salem Times-Register, and adjoining property owners were notified by letter mailed September 29, 2006; and 8 WHEREAS, staff noted the following: this request consists of one parcel located on Murrell Avenue; currently, there is a single family home located on the lot, which is approximately 2.8 acres; this request is to rezone the property from RSF (Residential Single Family) to RMF (Residential Multi Family); the applicant wishes to build one 3-story condominium building, containing 30 two-bedroom units for retirees; the proposed development is part of a larger master plan for the Harrogate Community, a campus-style retirement community; the applicant states that “this retirement and assisted- living development would create a unique opportunity for residents having a mix of patio homes, two-bedroom residential units, and assisted-living facilities adjacent to each other with interconnected greenspace and walkways;” the applicant has stated that he intends to construct another similar condominium building on Tax Map #128-1-5; the proposed drive for this property shall be private, and links Harrogate Drive with Murrell Avenue; note the quadrangle-style layout on Master Concept Plan sheet; buildings are arranged around a central open space; also note landscaping provided on the plan; and parking for the residents will be provided in the basement level of the building; and WHEREAS, Sean Horne of Balzer & Associates, Roanoke, representing the property owners, appeared before the Commission explaining the request to rezone from RSF Residential Single Family District to RSF Residential Multi-Family District; he noted that the property owners are proposing to construct a three-story retirement condominium building, which will contain 30 two-bedroom units; he noted that the units will be approximately 1,500-2,000 square feet each and that currently the site is being used as a “borrow” site for the Salem Terrace at Harrogate condominiums and assisted-living facility that are under construction; he presented the Commission copies of a master plan for the entire development and a rendering of the proposed building; he stated it is important to note that the proposed building will be retirement condominiums not assisted living; he further noted that the overall master plan provides a campus-style setting for a true retirement community in Salem; he further discussed the master plan for the entire 9 development; he noted that they held a public meeting on Monday evening and several of the residents of the area attended; at this meeting, several concerns were expressed, and they have tried to address those as best as they can; the number one concern they heard is the traffic on Murrell Avenue; they discussed this concern with staff including the possibility of gating Murrell Avenue; what they are proposing is that this will be a secondary entrance; they feel this is necessary from a safety standpoint because there will be a lot of older residents living in this area with the original patio homes, the assisted-living facility, and the two condominium buildings; after discussing this concern with the residents, they have agreed to provide a gate at this location, and they will work with staff to determine the best way to get emergency vehicles in and out; he further noted that they are proffering this as a condition of the rezoning; second, there is a concern about the buffer along the northern property line, and they are willing to proffer that they will leave a minimum of 25’ of the existing vegetation and will supplement that with other screening; they will also provide a berm along the parking lot that will help to shield the properties from the cars lights when the cars pull into the parking lot; the third issue is the storm water management; he further discussed the existing storm water management problems, and the changes they are proposing that would help to correct existing problems as well as to accommodate the additional storm water from the proposed construction; he further discussed the master plan of the development as well as the proposed open space and walking loop; he believes that they have a well done master plan that takes into account several different living styles and living needs of the community, and further, they have tried to be receptive to the concerns of the neighbors as well; and WHEREAS, Commission Member Daulton asked Mr. Horne if the units would be leased or sold, and Mr. Horne noted that the units would be sold with a price of approximately $200,000-225,000; and 10 WHEREAS, Commission Member Robertson asked Mr. Horne if they had thoughts on how to limit the traffic on Murrell Avenue, and Mr. Horne noted the approximate location of the gate and he discussed several possibilities related to emergency vehicle access; and WHEREAS, Vice Chairman Murphy asked if this entrance would be used for construction traffic, and Mr. Horne noted that road is currently being used for construction; further, he thought that this was one of the conditions for the original rezoning of the property so he thought it would continue to be used for construction; and WHEREAS, Mr. Horne discussed the access and parking for the proposed building; he noted that the majority of the parking will be provided under the building, which will help to preserve a considerable amount of open space; he further noted the parking under the building will eliminate a significant amount of asphalt and impervious area on the site; and WHEREAS, Tonya LaTempa of 1811 Epps Drive, adjacent property owner, appeared before the Commission noting her concerns about the proposed request; she presented the Commission photographs showing runoff from the adjacent property and also dust caused by the present construction; she discussed the existing problems related to storm water management and noted that she is concerned once this property is constructed it will be raised above the pond and then they will have more flooding problems; she also discussed the problem related to the dust from the construction and asked if something could be done while construction is going on to water down the area or something to that effect; she further noted there has been a couple of instances when flatbed trucks have had to use Epps Drive because they could not make the turn at Turner Road and Murrell Avenue; she noted that this is a hazard for anyone traveling in the opposite direction because the road is narrow and cars are parked on both sides of the street; she does not feel that this is a viable entrance for construction vehicles due to the size of some of the vehicles; and 11 WHEREAS, Bruce Maxey of 1862 Murrell Avenue, adjacent property owner, appeared before the Commission noting that he is concerned about the potential for additional flooding in this area; he noted that his property line runs alongside the creek bed, and he has had a lot of problems in the past with flooding on the lower side of his property; he has spoken with the City about the problem but was told they could not do anything about the water coming out of the banks in this area; he believes that the culvert is the biggest problem and he is concerned the parking lot area being put in above him is going to increase the problem; he is also concerned about the traffic problem because his three children ride their bicycles on this street; he is concerned about the maintenance of the proposed gate; he has a concern about this being a three-story building as this has always been a neighborhood with single family houses; he believes that patio homes or single family homes would be more attractive; he further discussed traffic problems, flooding problems, and safety of the neighborhood children; and WHEREAS, Commission Member Thomasson asked Mr. Maxey if he had spoken with Mr. Waldrop or any of his people about the water problem, and Mr. Maxey noted that he had spoken with Mr. Waldrop and that Mr. Waldrop told him he would do whatever it takes to make it drain correctly; Mr. Maxey noted that Mr. Waldrop has been very cooperative, and he just wants to make sure that whatever is done is done properly so that it will correct the problem; and WHEREAS, there was further discussion regarding the flooding in this area; and WHEREAS, Nicole Clifton of 1836 Murrell Avenue appeared before the Commission stating that her main concern is the increase in traffic on the street; she noted that there are a lot of children who play in this neighborhood, and she asked if the speed limit might be lowered or if they could have a sign installed noting children playing; and 12 WHEREAS, Mike Preston of 1865 Burma Road, resident for approximately 22 years, appeared before the Commission in relation to the proposed rezoning request; he noted that he was present when the original proposal was approved, and it was his understanding that the primary entrance to the development was supposed to be Murrell Avenue when the construction was finished; ever since the first day the entrance has been on Burma, and now, it appears with the proposed request all traffic will be directed down Burma Road since they are proposing to have a gated entrance at Murrell Avenue; he is certainly concerned with the increase in the amount of traffic this will add to his street; he noted that the original concept called for two sets of patio homes and one set of condominiums; he questioned if this plan has changed and increased in size since they are now asking to add this condominium building; he noted with the associated service vehicles, tradesmen, workers, employees, etc. that will have to access the development, and he questioned how much additional traffic is proposed on Burma Road; he noted that in the presentation Mr. Horne made he stated that the request is for condominiums; however, he received a brochure at his home for the Salem Terrace at Harrogate, and it appears to him from the wording in the brochure that these will be apartments instead of condominiums; he noted that there was a meeting for the neighbors, but he did not get invited even though he is an adjacent property owner; he would like to have attended so that he could have had his questions addressed; he has concerns related to the elevation of the proposed building, the amount of light that will be projected from the development, and the amount of land that will remain; further, he would like to know when he looks out his windows will he see a three-story building that towers over him or a hillside; and WHEREAS, Howard Poage of 1885 Burma Road, adjacent property owner on the corner of Burma Road and Harrogate Drive, appeared before the Commission; he noted he too has lived here for about 22 years and he was also at the original meeting when the development 13 was proposed; they were told that the primary entrance for the development would be from Murrell Avenue; he further discussed the existing traffic problem on Burma Road with cut-through traffic traveling to the interstate & Wildwood Road; while he sympathizes with the people on Murrell Avenue, the people on Burma Road do not want any more either; he does not think that the people on Burma Road have been properly notified of the proposed changes, in particular the proposal to gate Murrell Avenue and make Burma Road the primary entrance; it is not so much the traffic from this one building but all the other traffic that will dumped on there as well when the other parts of the proposed development are completed; so, he believes they have a real problem here with regards to the traffic, and he does not think it is fair to dump all of it on one road; he too has concerns about the elevation of the proposed building, the lighting, etc.; he noted that the engineers mentioned leaving the majority of the trees, but he believes that the majority of the trees is located on the three homeowners’ side of the line; at the very least, he would like to see a privacy fence installed to help block some of the light from the development; he further discussed several things that he was promised in the original rezoning that did not occur so he is concerned about things being promised; and WHEREAS, Andrea Powers of 1875 Burma Road appeared before the Commission in opposition to the request; she noted that her neighbors have covered most of the items she was going to talk about; she noted that even if they put up a privacy fence behind her property, the City of Salem still needs to take care of the flooding issue from Kiska Road to Burma Road; she has spoken with the City on numerous occasions about the problem and about replacing the piping to control the water; she further discussed storm water management problems in the area, Alzheimers’ & dementia patients wandering around the neighborhood, the height of the building, lighting for the development, privacy issues, etc.; and 14 WHEREAS, Mrs. Powers asked if there is any way to access the development from West Main Street since she feels there is going to be an argument from the people on Burma Road as well as an argument from the people on Murrell Avenue; she stated if the City would put either stop signs or a stop light at the intersection of Harrogate and Burma, it would be helpful; and WHEREAS, Chairman Smith noted that he wanted to allow Mr. Horne the opportunity to address the issues, but he noted there are some issues that cannot be resolved in this arena; and WHEREAS, Sean Horne of Balzer & Associates reappeared noting that he hoped he could address most of the issues, but just like Chairman Smith stated, there are some issues that are out of their control; he stated that the proposal this evening is for retirement condominiums not an assisted-living building; this will not be a staffed building but will be living units owned by the residents; so, there will not be any service trucks for food, etc. coming to this building; he noted that there will be service vehicles accessing the facility currently under construction; the proposed building should have limited impact, if any, with regards to service vehicles, etc.; secondly, he noted that the proposed building will be retirement condominiums not an Alzheimers’ care or assisted-living facility; further, within the assisted-living & Alzheimers’ care facility, the gardens will be fully gated for those patients on the first floor; he believes that the brochure someone mentioned is for the building under construction, not the proposed building; he noted that the lighting for the facility will be comparable to what currently exists in Harrogate, which he believes is residential- or pedestrian-scale lighting, and since there will be minimal parking around the building, there will be minimal lighting because most of the parking will be located below the building; with regards to the privacy fence requested, they will be glad to provide a 6’ solid-board fence as part of the rezoning; he further discussed the storm water management problems brought up by the adjacent property owners and noted they cannot 15 dam up the drainage way or the creek and they cannot push the water back onto the adjacent properties in any way; the water will be handled in a separate system adjacent to the stream; further, he noted one lady had mentioned the existing construction and the associated dust, and to his knowledge, Mr. Waldrop tries to work with the City the best he can on erosion control issues, and he believes this will continue; and anything that needs to be implemented with the erosion control on this project will be done so to minimize it; and WHEREAS, Chairman Smith asked Mr. Horne about the height of the building, and Mr. Horne noted from the front side it will be three stories in height, which will be in the 40-45 foot range; he further noted that the building has been pushed back as far as it can be on the lot, away from the properties on Burma Road, and the hill has been cut down approximately 10-15 feet so it is will not sit up as high as it would have if they placed it on top of the hill where the existing house sits; he further discussed the berm, landscaping, parking, etc.; and WHEREAS, Vice Chairman Murphy asked Mr. Horne if he could clarify the height of the existing incline, and Mr. Horner noted the height to the top of the proposed berm will be approximately 35’ and then it will drop down approximately 5-6 feet onto the site; Mr. Horne further clarified the line of sight from the proposed building with regards to the properties located on Burma Road; and WHEREAS, Vice Chairman Murphy asked Mr. Horne about the future phase to the right of the assisted-living facility, which he thought was the next step in the development; and Mr. Horne noted that the plan has obviously changed a couple of times, and some of these changes were made before he became involved in the development; further, he believes there is more of a need for the retirement condominiums at the present time, and that the middle phase may come into play five to ten years down the road; and 16 WHEREAS, Commission Member Thomasson asked Mr. Horne if he could clarify where we are with regards to helping Mr. Powers resolve the water problem on his property, and Mr. Horne noted that he believes a lot of the problem will be resolved with the upsizing of the culvert under Murrell Avenue; there was further discussion with regards to the storm water management in this area; and WHEREAS, Commission Member Thomasson asked the Assistant City Manager and Executive Secretary if there was something that the City could do to help manage the speed limit on Murrell Avenue, and Jay Taliaferro, Assistant City Manager and Executive Secretary, noted that he thought the allowable speed limit on a secondary road is 25 miles per hour, but that the City could take a look at other signage that might be used to slow the traffic down; and WHEREAS, Mr. Horne noted that they had their traffic engineer study the traffic generation and based on this type of facility, we are talking about three to four peak-hour trips, which is basically the most trips that would be generated during any one hour of the day, and in the morning, the peak hour trip generation of four will generally be between 10 a.m. and 12 noon so it does not coincide with the normal peak hour trip; in the afternoon, the peak hour trip ranges from 1 p.m. to 6 p.m.; the traffic will be more mid-day traffic flow rather than an early morning and late evening flow; and WHEREAS, Chairman Smith noted they have discussed comments related to traffic, lighting from the beams of the traffic, storm water management and plan, flooding, dust during construction, children’s safety, etc.; he noted that some of these problems are existing, and we will certainly have to deal with these as a city because we do not want to add to the problem; he further noted that the Commission will make a recommendation to City Council, and the decision will be based on the citizens’ comments and also on the engineers’ work in the project; and 17 WHEREAS, Audrey Wilkerson, President of the Harrogate Association, appeared before the Commission noting that the Harrogate Association is the existing patio homes located in the development; she stated that their neighborhood is a wonderful place to live; it is convenient to stores, shops, etc., and it is a wonderful, bonded neighborhood; Mr. Waldrop has done a wonderful job with the planning, and he has taken very good care of the neighborhood; she is here to speak in support of this project because Mr. Waldrop does build beautiful buildings; she further noted that the residents of Harrogate thank him for thinking about the elderly in the community; she and her husband looked at a lot of places before they found Harrogate, and they are very, very happy here; further, she noted that Salem needs this type of facility; and WHEREAS, Vice Chairman Murphy noted that the engineers at Balzer & Associates might consider meeting with the neighbors prior to the City Council meeting as it might be helpful for them to explain the project in more detail; also, he noted that the proposed building is owned by Waldrop Development Corporation, and the other phases are owned by White Whale Enterprises, and he just wants to make sure that there is coordination between the two entities as it relates to future expansion, etc.; Mr. Luke Waldrop, property owner, appeared before the Commission noting that White Whale Enterprises is actually his son, Dr. Preston Waldrop, and himself, so both entities are related; and WHEREAS, Jay Taliaferro, Assistant City Manager and Executive Secretary, noted that several proffered conditions had been proposed during the evening, and he asked the Commission if the approval was based on those conditions; Chairman Smith asked if someone had the proffers written down, and Melinda J. Payne, Director of Planning and Economic Development, noted that she had made some notes, but she wanted to clarify those with Mr. Horne; first, a 25’ buffer along the northern property line, Murrell Avenue will be a gated access, provide culvert at Murrell Avenue, 18 6’ solid-board privacy fence on the northern property line, substantial conformance with the Master Plan as submitted, and any new storm water management facility will be landscaped and screened from view; and WHEREAS, Chairman Smith asked the Assistant City Attorney if the discussion of the proffers is adequate for approval or do they need Mr. Horne to state those for the record; Assistant City Attorney, Bill Maxwell, noted that we need to make sure that everyone is on the same page since the proffers are not in writing at the meeting so it might appropriate for Mr. Horne to state those proffers and make them part of the motion by incorporating what he has stated; and WHEREAS, Mr. Horne noted that Waldrop Development Corporation, property owner, does hereby proffer the following conditions for the rezoning of the property located at 1886 Murrell Avenue (Tax Map #128-1-3) from RSF Residential Single Family District to RMF Residential Multi-Family District: (1) a 25’ buffer on the northern property coupled with a 6’ privacy screening; (2) property will be gated from Murrell Avenue; (3) any new storm water management facility will be landscaped and screened from view; (4) the Murrell Avenue access shall be gated; (5) the proposed culvert under the Murrell Avenue entrance shall be designed and constructed in accordance with City of Salem standards; (6) a 5’ high berm shall be installed to the north of the main drive aisle as an additional buffer to the building and adjacent parking area; and (7) the portion of Murrell Avenue that is located on Tax Map #128-1-3 shall be paved to a unified street width; and WHEREAS, there was further discussion regarding storm water management for the development; 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 Waldrop Development Corporation, property owner, for rezoning the 19 property located at 1886 Murrell Avenue (Tax Map #128-1-3) from RSF Residential Single Family District to RMF Residential Multi-Family District be approved with the following voluntarily-proffered conditions: (1) the project will be developed in substantial conformance with the Master Plan titled “Harrogate Condominium” prepared by Balzer and Associates, Inc., dated 9-22-06; (2) a 25’ buffer will be provided adjacent to the northern property line; in addition to the buffer, a 6’ screening fence shall be installed along the northern property line; (3) any new stormwater management areas shall be fenced and screened from view; (4) the Murrell Avenue access shall be gated; (5) the proposed culvert under the Murrell Avenue entrance shall be designed and constructed in accordance with City of Salem standards; (6) a 5’ high berm shall be installed to the north of the main drive aisle as an additional buffer to the building and adjacent parking area; (7) the portion of Murrell Avenue that is located on Tax Map #128-1-3 shall be paved to a unified street width; and (8) the architectural style of the proposed building shall be in substantial conformance with the architectural rendering as submitted dated October 9, 2006 – the roll call vote: all aye. There being no further business to come before the Commission, the same on motion adjourned at 8:44 p.m.