HomeMy WebLinkAbout12/13/2006 - Planning Commission - Minutes - RegularAPPROVED MINUTES PLANNING COMMISSION
December 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 December 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 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 THOMASSON, AND DULY
CARRIED, the minutes of the regular meeting and work session
held on November 1 5 , 2006, were approved as written –
the roll call vote: all present – aye.
In re: Request of AE Elliott Properties, LLC, property owner, for rezoning two parcels located in the 900 block of Apperson Drive (Tax Map #248-7-1 & 2) from RSF Residential Single Family District to HBD Highway Business District and 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 AE
Elliott Properties, LLC, property owner, for rezoning two parcels
located in the 900 block of Apperson Drive (Tax Map #248-7-1 & 2)
from RSF Residential Single Family District to HBD Highway Business
District and RMF Residential Multi-Family District; and
WHEREAS, the Executive Secretary further reported that notice
of such hearing had been published in the November 30, and December
7, 2006, issues of the Salem Times-Register, and adjoining property
owners were notified by letter mailed December 1, 2006; and
2
WHEREAS, staff noted the following: the subject property
consists of two parcels located at the intersection of Apperson
Drive and Orchard Drive; the property is currently occupied by an
older single family residence; the total acreage is approximately
1.19 acres (0.595 acres per lot); Parcel A will encompass the
northern half of both original parcels, and Parcel B will encompass
the southern half; the petitioner is requesting Parcel A be rezoned
to HBD and Parcel B rezoned to RMF; the existing residence would be
relocated to the Apperson Drive and Orchard Drive corner and a new
building constructed to the east of it along Apperson; five two-
story town homes, with garages, would then be constructed on Parcel
B; parking for commercial and residential uses will be separated;
space for employees and patrons of the commercial buildings is
located on Parcel A; two outdoor spaces, in addition to garage
parking for each town home, are located on Parcel B; the developer
is proposing a single, shared entrance to minimize curb cuts on
Orchard Drive; a cross-access agreement will be necessary for
ingress/egress; all rights and responsibilities of involved parties
should be clearly outlined in the Home Owners/Property Owners
Agreement; and
WHEREAS, Sean Horne of Balzer & Associates, Roanoke,
representing the property owner, appeared before the Commission
explaining the request to rezone this property from RSF Residential
Single Family District to HBD Highway Business District and RMF
Residential Multi-Family District; he presented the Commission a
package of information showing a site master plan, architectural
style of the proposed office building, and architectural style of
the proposed town homes; he noted that the property will be
subdivided into two parcels, with Parcel A being zoned Highway
Business District and Parcel B being Residential Multi-Family; he
further noted that the northern parcel will have the existing house
relocated for use as a professional office building as well as a
new professional office building constructed; on the rear parcel,
which is proposed to be rezoned to Residential Multi-Family, the
developer is proposing to build five attached town homes with drive
3 under garages; he noted that Apperson Drive is a growing
commercial corridor, even though much of it is still residential,
and they feel with the existing mix of uses the proposed
development is in line with the current development patterns of the
existing corridor; the proposed business use on the front of the
property is in line with some adjacent business uses, and the
residential buffer to the rear will provide a transition from the
business use to single family, which is located to the rear of this
property; they are also proposing extensive landscaping along
Apperson & Orchard Drives as well as internal landscaping leading
into the subdivision; they are proposing a Type B buffer containing
evergreen trees and evergreen shrubs on the southern property line
between the proposed town homes and the adjacent property owner; he
noted that the office buildings and town homes will share a common
access point from Orchard Drive with a cross-access agreement
between the two parcels; this one access point will eliminate
multiple curb cuts along Orchard Drive, and there will be no
additional curb cuts on Apperson Drive; with the proposed one
access point, this should help to keep the traffic impact to a
minimum; parking for the office buildings will be provided on that
parcel, and the town homes will have two spaces in the front as
well as a garage under each unit; with regards to traffic
generation, Balzer & Associates conducted a traffic generation
study and found that in the total a.m. peak hour there will be an
additional 13 trips and the total peak hour in the p.m. will have
an additional 13 trips for a total daily traffic increase of 80
trips per day; he noted that these figures are in line with normal
residential and business traffic generation models; he further
noted that the property is located within a floodplain, and they
are proposing to elevate the site to get it out of the floodplain
and provide some type of storm water management under the parking
lot with a discharge to the ditch along Apperson Drive; they have
also considered a second option which would be to provide some type
of above-ground detention system; and
4 WHEREAS, Commission Member Thomasson asked Mr. Horn if they
planned to discharge the storm water to the ditch in front, and Mr.
Horne noted this was correct; he further explained that the site
will be elevated, and they will have to provide engineering studies
and detain the storm water to a point where they are not putting
more water in the ditch than is there now; further, they will have
to prove adequacy at the time the engineering studies are done; and
WHEREAS, Commission Member Robertson asked how much they would
have to raise the property, and Mr. Horne noted he thought that it
was three feet; further, the relocated house will be raised so the
finished floor is one foot above the flood plain; and
WHEREAS, Commission Member Thomasson asked if the town homes
would be elevated as well; Mr. Horne noted that the town homes
would have to be elevated so that all living space is above the
floodplain so this area will have to be filled, but as far as the
front portion they will fill it some so that there is not a stair
step affect on the property; the buildings will probably be
constructed on crawl spaces, but they can only be constructed so
high due to handicap accessibility; he does not think that Mr.
Elliott wants ramps constructed on the sides of the buildings; and
WHEREAS, Commission Member Daulton asked if they knew what the
businesses would be, and Mr. Horne noted that he did not know other
than it would be professional offices, such as insurance, real
estate, medical, etc.; he further noted that it would be rental
spaces; Commission Member Daulton stated she understood the
townhouses would also be rental, and Mr. Horne noted that this was
correct; and
WHEREAS, Commission Member Robertson asked if the estimated
traffic counts included the office buildings, and Mr. Horne noted
that the office buildings and the townhouse units were included in
the traffic study; and
5 WHEREAS, Commission Member Thomasson asked Mr. Horne if the
traffic counts took into account the residences located in the
subdivision behind this property; Mr. Horne noted that basically
what was evaluated was the number of trips that this site would
generate during the peak traffic hours, which was 13 in the morning
and 13 in the evening; he further noted that the evaluation of the
turning lanes did include the traffic that currently comes down
Orchard Drive; and
WHEREAS, Commission Member Daulton asked Mr. Horne how they
came up the 13 trips on the traffic count, and Mr. Horne noted that
this is 13 peak-hour trips with a total of 80 trips daily; he
further noted that the counts are based on the Institute of
Transportation Engineers Trip Generation Manual; and
WHEREAS, there was further discussion regarding the traffic
counts and peak hour trips; and
WHEREAS, Chairman Smith noted that there is an existing
problem related to west bound traffic turning left along Apperson
Drive, and he felt that some day the City is going to have to deal
with the problem; and
WHEREAS, Commission Member Robertson noted he felt the biggest
issue they are going to have to overcome is the water; and
WHEREAS, Jay Taliaferro, Assistant City Manager and Executive
Secretary, noted that the rule of thumb the City uses for
residential trips is 10 trips per day per unit; Mr. Horne noted
according to the traffic engineering data they have, the number is
normally around ten for single family residences, for patio homes
this number goes down a little bit, and for townhouses it goes down
a little more; he further noted that this data is based on the trip
generation manual; he stated if we were to assume ten trips per
day, we are basically looking at another 21 trips per day, which
works out to 100 trips per day; and
6 WHEREAS, Mr. Horne noted that the traffic count on
Apperson Drive is the real problem because according to their data
that number is 19,000 vehicles per day; and
WHEREAS, Commission Member Robertson asked Mr. Horne if the
units would face into the parking lot and would the garages
underneath the units be from this side as well, and Mr. Horne noted
that this was correct; and
WHEREAS, Commission Member Thomasson asked how much the
townhouse units would rent for; and
WHEREAS, Ed Elliott, property owner, appeared before the
Commission noting the rental price would be approximately $800 per
month; and Mr. Horne noted that the units are a substantial size,
approximately a 1,500 square-foot footprint; and
WHEREAS, Commission Member Thomasson asked Mr. Elliott if he
had considered selling the units, and Mr. Elliott noted he has
considered selling them; and Commission Member Robertson noted he
thought there would be some real interest if they were for sale;
and
WHEREAS, Greg King, speaking for his mother Elva King who
lives at 921 Tremont Road, appeared before the Commission; he noted
that her main concern with the request is the water runoff;
presently, it does not take much rain to flood her lower back yard,
Dr. May’s back yard, and yard of the house at the corner of
Brookland Drive and Tremont Avenue; she is concerned with the
blacktop being proposed for this site, and since there are no storm
drains, she is afraid the water is going to wind up in their yards;
further, in the past, the City has had to pump the pond that forms
here; she believes that this development is going to exacerbate the
existing situation and be a major problem for her, unless the City
plans to address the storm water runoff along Apperson, Brookland,
and Orchard; further, his mother would like to know if this
property will have proffered conditions like Dr. May’s property had
7 to have; she would like to see the property zoned Residential
Business where the owners of the business would have to reside in
the building like Dr. May does; and
WHEREAS, Jim Graham of 1620 Orchard Drive, adjacent property
owner, appeared before the Commission noting his concerns about he
proposed request; he stated that the traffic on Orchard Drive is
almost like Williamson Road in the mornings & evenings with a
steady flow of traffic; he noted that there is not a left turn lane
from Apperson onto Orchard Drive, which causes the traffic to back
up to the Sheetz service station; further, with regards to the
water situation, there is a river that runs between his yard and
Orchard Drive every time it rains; if the developer will be paving
this area, then he does not know where the water is going; he
further noted that he has too much money invested to have a bunch
of row houses right beside his property; further, he noted with
rental property we do not know what type of clientele will be
living there; and
WHEREAS, Dr. Dale May of 918 Apperson Drive, adjacent property
owner and owner of May Chiropractic Clinic, appeared before the
Commission; he noted that he remembered a comment Mayor Taliaferro
made approximately 21 years ago; he stated that Mayor Taliaferro
said that one of these days Apperson Drive is going to turn
commercial, and that we should consider the future and prepare for
it; he noted that he is in favor of the rezoning request, but he
questions the wisdom of moving the buildings forward because we may
need to widen Apperson Drive one day; and
WHEREAS, David May of 839 Apperson Drive appeared before the
Commission stating his property is adjacent to multi-family
property so he does not have a problem with Mr. Elliott’s rezoning
request; his only concern is the water situation, and he wanted to
make sure the Commission is aware of the problem; and
8
WHEREAS, Jim Graham reappeared before the Commission noting
that when he built his house six years ago, the City told him that
he could not build out of the flood plain so he had to move his
house closer to the road in order to stay out of it; it seems to
him that the developer is trying to building out of it unless the
law has changed since then; and
WHEREAS, Chuck Aldridge, Acting Building Official and Zoning
Administrator, noted that it is not possible to build out of the
floodway, but it is possible to raise the elevation and build in
the floodplain; he stated that he thought part of Mr. Graham’s
property was in the floodway and that where he constructed his
house was in the floodplain; Mr. Graham noted that he did not know
the difference, but that he did remember being told you could not
build out of it; and
WHEREAS, Chairman Smith noted that issues related to the
water, traffic, and moving the existing building had been raised;
he noted that when we have new development, one of the protections
is that the water runoff is not increased by the new construction,
and there are engineering efforts done to try to ensure that; so he
wants the residents to understand they are aware of the problem,
and the requirement will be on the developer, if the request goes
forward, to not increase the runoff; and
WHEREAS, Commission Member Robertson asked if Mr. Horne could
address the water issue; he also requested that the developer and
the City work together on this issue to find a solution to the
water problem that would be positive for all involved; Mr. Horne
noted the water would go into whatever storage facility they
provide, and he noted that there is one other option that he failed
to mention; he noted that one of the best options, in his opinion,
is provide infiltration so that the water will go directly into the
ground rather than into a ditch; he feels that this could possibly
help them to not only meet the detention requirement but possibly
go beyond the requirement; he further noted that Mr. Elliott will
9 consider all the options to help reduce the situation; knowing
that there is a problem in this area, they are willing to work with
City staff and the developer to find a solution that best solves
the problem; he further noted any solution they come up with will
not be able to take all the water away from Apperson, but they can
prove that their site is not increasing the amount of water and
could possibly show a decrease in what is coming off the property
depending on the system they use;
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
AE Elliott Properties, LLC, property owner, for rezoning two
parcels located in the 900 block of Apperson Drive (Tax Map #248-7-
1 & 2) from RSF Residential Single Family District to HBD Highway
Business District and RMF Residential Multi-Family District be
approved as presented –
the roll call vote: Mr. Thomasson – nay; Mrs. Daulton – nay; Mr.
Robertson – aye; and Mr. Smith - aye.
In re: Request of Richard-Wilbert, Inc., property owner, and Cingular Wireless, lessee, for the issuance of a Special Exception Permit to allow a telecommunications tower facility on the property located at 169 Simms Drive (P/O Tax Map #111-1-3) The Executive Secretary reported that this date and time had
been set to hold a public hearing to consider the request of
Richard-Wilbert, Inc., property owner, and Cingular Wireless,
lessee, for the issuance of a Special Exception Permit to allow a
telecommunications tower facility on the property located at 169
Simms Drive (P/O Tax Map #111-1-3); and
WHEREAS, the Executive Secretary further reported that notice
of such hearing had been published in the November 30, and December
7, 2006, issues of the Salem Times-Register, and adjoining property
owners were notified by letter mailed December 1, 2006; and
10 WHEREAS, staff noted the following: the subject property
consists of one parcel located at the southern end of Simms Drive
and next to Mason Creek; it is bordered on the west by Sherwood
Burial Park and Bonneville Mobile Home Park; the lot is
approximately 3.56 acres, of which Cingular is proposing to lease a
75-foot square for the construction and operation of a 120-foot
high cellular phone monopole; the current City of Salem Zoning
Ordinance outlines Use and Design Standards for towers in Section
106-314.5 and, among other requirements, states that no tower shall
be located within 500 feet of any residential district; the
adjacent cemetery is zoned RSF, and the proposed site lies well
within the 500-foot buffer zone; on November 16, 2006, Cingular was
granted a variance by the Board of Zoning Appeals for 336.59 feet
of the 500 required; and
WHEREAS, G. Michael Pace Jr., of Gentry, Locke, Rakes, and
Moore, attorney representing the lessee, appeared before the
Commission explaining the proposed request to allow a
telecommunications tower facility on a portion of the property
located at 169 Simms Drive; he noted that he has been representing
Cingular Wireless since 1997, and that one of the original requests
was for a tower located behind the Sonic Drive In on Apperson
Drive; Cingular Wireless is continuing to develop its wireless
network throughout the valley and in the City of Salem; they have
some existing sites in the City of Salem, and the site closest to
the proposed location is the antennas located on the top of the
Salem Bank & Trust building; they are here this evening to request
approval of a site that will fill in and connect with a site
located on Route 419 at Pinkerton Chevrolet; the purpose of this
request is to enhance the coverage; the coverage along East Main
Street and along the 419 corridor leading to I-81 provides what
they call “in-car” coverage, but it does not provide “in-building”
coverage; as the Commission knows, this area is heavily populated
with businesses and industries as well as some residential, but
mainly, it is a commercial corridor; he noted that he wanted
everyone to be clear about the nature of the request; they have
coverage for cars, but the people who use their service also work
11 in the area, and in order to provide them “in-building”
coverage, this tower location is needed; he noted that they
submitted a package of information with the application; he noted
that the philosophy and practice is to try to find a co-location
opportunity first before they consider coming before the Commission
to request a new antenna, and they did that in this case; the co-
location opportunities in this area are few and far between; he
further noted that they looked at the Kime Lane water tank, but
that location had a unique feature; due to changes in elevation
between Sherwood Memorial Burial Park and the Lakeside area, an
antenna placed on the tank overshoots the coverage area they are
trying to promote when they talk about “in-building” coverage; they
are proposing a 120’ monopole at this location, the old vault
property, which is zoned Heavy Manufacturing; with regards to the
Comprehensive Plan, the future land use for this property is
Commercial; he further noted that they have met all the
requirements of the City’s Telecommunications Ordinance except for
one, and they have now met it; Item D in Section 106.314.5.
requires that towers be 500 feet away from any residentially-zoned
district; there are no homes with 500’ of the proposed location,
but a portion of the Sherwood Memorial Burial Park is zoned
residential; to address this issue and to satisfy the requirements,
they appeared before the Board of Zoning Appeals and were granted a
variance; so they now meet by variance all the requirements of the
ordinance; he further discussed the proposed request and noted that
the request is consistent with the existing pattern of commercial
development in the area; also, the request will further the public
interest by allowing for better and continuous, uninterrupted
wireless coverage for personal, business, and emergency services,
and the monopole will allow for three co-locations; he noted that
City staff had requested they take a photo simulation from the
cemetery, and he presented a photograph showing the simulated
monopole to the Commission; and he further discussed the photograph
with the Commission; and
12 WHEREAS, Commission Member Thomasson asked if it is
possible to dress up the base of the monopole, and Mr. Pace noted
that they are required by the ordinance to do some things, such as
a chain-link fence, etc., and they can do other things to try to
make it look nice; however, traveling down Simms Road, there is not
much to see; Mr. Pace further noted that they can limit the height,
and this height is the minimum they can have to provide the
coverage and to paint it galvanized gray, which is the best color
that works in all conditions; and
WHEREAS, Commission Member Robertson asked Mr. Pace if the
reason they were requesting the minimum, is that they would be
missing some people if they went with a much higher structure; Mr.
Pace noted they could go with a higher structure and probably have
better coverage, but they did not see any need to do this and they
know that the City wants them to be as low as possible and to have
as few of them as possible; and
WHEREAS, there was further discussion regarding the type of
fencing for the structure; and
WHEREAS, Jay Taliaferro, Assistant City Manager and Executive
Secretary, noted that the ordinance requires landscaping around any
support buildings necessary for the installation; Mr. Pace noted
that they will be glad to do this, and they will work with the City
to determine what will work best in this situation; and
WHEREAS, Dale G. Finocchi with Cingular Wireless, 2620 West
Main Street, Richmond, appeared before the Commission noting with
the existing buildings and the industrial use currently in place,
this could create a problem for them because the proposed location
is directly in the middle of the lot; however, if there is room for
landscaping, then they have no problem providing the landscaping;
and
13 WHEREAS, Commission Member Daulton noted that the plans
submitted with the request show landscaping for the site; and Mr.
Pace noted that they will landscape the location; 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
Richard-Wilbert, Inc., property owner, and Cingular Wireless,
lessee, for the issuance of a Special Exception Permit to allow a
telecommunications tower facility on the property located at 169
Simms Drive (P/O Tax Map #111-1-3) be approved as presented –
the roll call vote: all present - aye.
In re: Request of Rain Corporation, property owner, for the issuance of a Special Exception Permit to allow a used automobile dealership on the property located at 1622 East Main Street (Tax Map #80-1-1) The Executive Secretary reported that this date and time had
been set to hold a public hearing to consider the request of Rain
Corporation, property owner, for the issuance of a Special
Exception Permit to allow a used automobile dealership on the
property located at 1622 East Main Street (Tax Map #80-1-1); and
WHEREAS, the Executive Secretary further reported that notice
of such hearing had been published in the November 30, and December
7, 2006, issues of the Salem Times-Register, and adjoining property
owners were notified by letter mailed December 1, 2006; and
WHEREAS, staff noted the following: the subject property
consists of one parcel located at the intersection of East Main
Street and Electric Road (Rt. 419); it is bordered on the southeast
side by Conehurst Boulevard; the property is the site of a former
Exxon Gasoline Fueling Station; the lot is approximately 0.716
acres; and the applicant states that he will modify the existing
structure but not replace it entirely; and
14
WHEREAS, Amrit Sethi of 10616 Hunting Shire Lane, Fairfax
Station, VA, property owner and President of Rain Corporation,
appeared before the Commission explaining the proposed request to
allow the property to be used for a used automobile dealership; he
noted that the property is currently zoned HBD Highway Business
District and has been used as a gasoline station for the past 17
years; the gasoline station was built by Exxon in 1989 and since
then the property has changed hands several times; the property has
not been successful as a gasoline station, and the reason for the
change to a used automobile dealership is for economic reasons; the
property has been for sale for the past year, and he noted that he
feels if the City will give them permission to use it for this
purpose, then they can do it well; he further noted that in the
present market there has been a lot of competition in the gasoline
business, and if Exxon could not make it, then naturally a small
company cannot make it a success; and
WHEREAS, Commission Member Thomasson noted that there are a
lot of used car lots in the City as well, and Mr. Sethi noted that
this is correct, but his corporation owns a few properties in the
area and every time you purchase a business property, you take a
chance; he further noted that he has thought about this but that he
likes competition; and
WHEREAS, Commission Member Robertson asked Mr. Sethi if he was
currently involved in the automobile business in other locations,
and Mr. Sethi noted that his corporation develops properties; they
recently sold a two-acre parcel in Dumfries, Virginia, where they
developed a Chevron gas station and a used car business; at the
present time, they own a gas station on Peters Creek Road and a
automobile repair shop also on Peters Creek Road; Commission Member
Robertson asked Mr. Sethi if he planned to lease the property, and
Mr. Sethi noted that he would have a person to manage the business
and they will be selling nice, late model cars; and
15 WHEREAS, Commission Member Thomasson asked Mr. Sethi how
many cars he would expect to have on the lot on a daily basis, and
Mr. Sethi noted that the property is large enough to accommodate as
many as 80 cars, but they plan to have approximately 40 cars; and
WHEREAS, Chairman Smith noted that he understood the gasoline
tanks will not have to be removed from the property; Mr. Sethi
stated that they had Phase I & Phase II environmental studies
conducted on the property, and they received clearance from the
Virginia Department of Environmental Quality; he also noted that he
contacted the Building Inspections Department and spoke with
Charles Aldridge, Building Official, to make sure that they would
not have to remove the tanks, and Mr. Aldridge had told him that
they would not have to remove the tanks; and
WHEREAS, Chuck Aldridge, Acting Building Official and Zoning
Administrator, noted that he had spoken with Mr. Sethi, and they
have clearance to leave the tanks; and
WHEREAS, Chairman Smith asked Mr. Sethi if he had any plans
with regards to the building, and Mr. Sethi noted that they plan to
leave the building and the canopy, but they plan to make some
improvements and to update by painting, etc.; and
WHEREAS, Commission Member Daulton asked if the improvements
would include landscaping the property, and Mr. Sethi noted that
they will landscape the property along Electric Road and East Main
Street; he further noted that they would not be tall plants but
would be approximately 2-3’ in height; and
WHEREAS, Chairman Smith noted that the property has an access
issue and is not easily accessible for southbound and westbound
traffic; and
WHEREAS, no other person(s) appeared related to said request;
16 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
Rain Corporation, property owner, for the issuance of a Special
Exception Permit to allow a used automobile dealership on the
property located at 1622 East Main Street (Tax Map #80-1-1) be
approved as presented –
the roll call vote: all present - aye.
There being no further business to come before the Commission,
the same on motion adjourned at 7:53 p.m.