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HomeMy WebLinkAbout1/12/2022 - Planning Commission - Minutes - RegularPlanni ng Commi ssi on Meeti ng M INUTES Wednesday, January 12, 2022, 7:00 P M Work Session 6:00P M Council Chambers Conference Room, City Hall, 114 North Broad Street: WORK SE SSI ON 1.C all to Order A work session of the Planning Commission of the City of Salem, Virginia, was held in C ouncil C hambers Conference Room, C ity Hall, 114 North Broad Street, at 6:30 p.m. on J anuary 12, 2022; there being present the members of said Commission, to wit: Vicki G. Daulton, Chair; Denise P. King, Vice C hair, Reid A. Garst II, J ackson Beamer, and Neil L. Conner; together with William L. Simpson, J r., C ity Engineer, Mary Ellen Wines, Zoning Administrator, and J im H. Guynn, J r., City Attorney; and the following business was transacted: C hair Daulton called the meeting to order at 6:00 p.m. and reported that this date, place, and time had been set for the Commission to hold a work session. 2.New Business A.Discussion of items on the January 12th agenda 1. C odes changes - Subdivision and site plan 2. Rezoning 630 Union Street - HM to HBD 3. Rezoning 407 East Burwell Street - RB to T BD 4. Special Exception Permit 2936 West Main Street - Massage Parlor 5. By-laws A discussion was held regarding code changes for subdivision and site plan. A discussion was held regarding rezoning 630 Union Street from HM to HBD. A discussion was held regarding rezoning 407 East Burwell Street from RB to T BD. A discussion was held regarding a Special Exception Permit request for 2936 West Main Street for a Massage Parlor. A discussion was held regarding by-laws. 3.Adjournment C hair Daulton inquired if there were any other items for discussion and hearing none, adjourned the work session at 6:59 p.m. RE GU L AR SE S SI ON 1.C all to Order D UE TO A N EQ UIPMEN T MA LFUN C T IO N, T HESE MIN UT ES WERE PREPA RED WIT HO UT T HE USE O F A N A UD IO REC O RD IN G. A regular meeting of the Planning C ommission of the C ity of Salem, Virginia, was held after due and proper notice in the C ouncil C hambers, C ity Hall, 114 North Broad Street, Salem, Virginia, at 7:00 p.m., on J anuary12, 2022. Notice of such hearing was published in the December 30, 2021, and J anuary 6, 2022, issues of the "Salem Times Register," a newspaper published and having general circulation in the C ity of Salem. All adjacent property owners were notified via the U. S. Postal Service. T he Commission, constituting a legal quorum, presided together with J im H. Guynn, J r., City Attorney; J ames E. Taliaferro, II, C ity Manager and Executive Secretary, ex officio member of said C ommission, to wit; William L. Simpson, J r., City Engineer; and Mary Ellen Wines, Zoning Administrator; and the following business was transacted: C hair Daulton called the meeting to order at 7:00 p.m. 2.Pledge of Allegiance 3.Election of Officers A.Election of Officers In accordance with 15.2-2217 of the C ode of Virginia, consider the election of Chairman and Vice-C hairman for 2022. Vicki Daulton appointed C hair of the Commission on motion made by Member Garst and seconded by Member C onner - all aye. Dee King appointed Vice Chair of the C ommission on motion made by Member C onner and seconded by Member Beamer - all aye. 4.C onsent Agenda A.Minutes Consider acceptance of the minutes from the December 15, 2021, work session and regular meeting. Minutes approved. 5.New Business A.Amendment to the Zoning Ordinance Hold public hearing to consider the request of Scott A. Boggs, property owner, for rezoning the property located at 407 East Burwell Street (Tax Map # 120-1-5) from RB Residential Business District to T BD Transitional Business District. Staff noted the following: T he subject property consists of a single parcel located at the corner of East Burwell Street and T hompson Memorial Drive (Northbound), east of the intersection with South College Avenue. T he size is approximately 0.1 acres and is currently occupied by a two-story single family residence that was converted to an office/commercial space. T he subject property is currently zoned RB, Residential Business. As you may remember, Residential Business was previously a light commercial district. T hrough various changes over the last several years, it is more residential than business in nature. As a result, the sign regulations have been amended to limit the amount of signage more appropriate to residential districts. C hapter 66 of T he Code of City of Salem regulates signage. RB limits the total square footage of signage to 78 square feet. More specifically, wall signs are limited to one per business at a maximum size of 6 square feet. T he petitioner had applied for, and was denied, a permit for a 24 square foot wall sign. T herefore, the petitioner has requested to rezone the property to T BD, Transitional Business District. T his would allow for the larger sign. As the future land use designates this area for Downtown, the T BD, Transitional Business District would be appropriate as the district allows for commercial areas near downtown that exhibit patterns of development similar, but less intensive than the Downtown Business District. Scott Boggs, property owner, appeared before the Commission to explain the request. No other person(s) appeared related to the request. Neil Conner motioned to approve request of Scott A. Boggs, property owner, for rezoning the property located at 407 East Burwell Street (Tax Map #120-1-5) from RB Residential Business District to T BD Transitional Business District. Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King B.Amendment to the Zoning Ordinance Hold public hearing to consider the request of Union Plaza, LLC , contract purchaser, and the City of Salem, property owner, for rezoning the property located at 630 Union Street (Tax Map # 160-11-2) from HM Heavy Manufacturing District to HBD Highway Business District. Staff noted the following: T he subject property consists of a single parcel located on the north side of Broome Street at the corner of Union Street and Broome Street and at the corner of C hapman Street and Broome Street. T he size is approximately 1.403 acres and is currently vacant. T he subject property is located within the FEMA designated Zone A E, 100-year floodplain. T he contract purchaser has been adding fill to the property to conform to the requirements of development in the floodplain. T he contract purchaser proposes two 6,000 square foot multi-tenant commercial buildings with a shared parking area in between. T he intended use is for restaurant/retail space as the property has proximity to both 4th Street and to the Moyer Sports C omplex. As the future land use designates this area for commercial, the HBD, Highway Business District would be appropriate as the district allows for a wide variety of commercial uses that are typically found near major transportation arterials such as 4th Street. Sheldon Henderson, agent for contract purchaser, appeared before the C ommission to explain the request. No other person(s) appeared related to the request. Reid Garst motioned to approve the request of Union Plaza, LLC , contract purchaser, and the C ity of Salem, property owner, for rezoning the property located at 630 Union Street (Tax Map # 160-11-2) from HM Heavy Manufacturing District to HBD Highway Business District. J ackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King C .Special Exception P ermit Hold public hearing to consider the request of 2936 Salem Inc., dba Sunshine Spa and 217 N Y Ave Corp , property owner, for the issuance of a Special Exception Permit to allow a massage parlor at 2936 West Main Street (Tax Map # 210-1-2). Staff noted the following: T he subject property consists of a single parcel located on the west side of Bayne Road at the corner of Bayne Road and West Main Street. T he size is approximately 0.404 acres. T he property contains a two-story house that was converted to an office/commercial space with a garage/office in the rear. Sunshine Spa applied for a business license. In that application they stated that they perform acupuncture. Our Codes C ompliance Investigator went on location without credentials to ascertain what services they offered (Please see attached notes). As a result of that visit, it was determined that the establishment offered full body massages. T hey were instructed that they had to apply for the massage technician license and provide every employee’s license issued by the Board of Nursing, otherwise they would be considered a massage parlor, not massage therapy (see definition below). T hey could not provide the license from the Board of Nursing, so it was determined that they were a massage parlor. A massage parlor requires a special exception permit. T hey were instructed that they could not operate until the special exception permit was granted. If the permit is approved, they will then need to apply for the massage parlor license through the Police Department. During this time, massage parlors in Salem were researched by another law enforcement agency in the state. T his agency has access to a web forum that customers of these establishments frequently post details of their visits. C opies of those posts are included. Massage parlors are defined as establishments having a fixed place of business where any person other than a massage therapist, as licensed by the Virginia Board of Nursing, administers or gives any kind or character of massage, manipulation of the body or other similar procedure. Massage therapy as licensed by the Virginia Board of Nursing shall be considered a personal service. T his definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a duly licensed physician, surgeon, physical therapist, chiropractor, osteopath, or a barber shop or beauty salon in which massages are administered only to the scalp, the face, the neck, or the shoulders, or an exercise club where massage is performed by a person of the same sex as the subject of the massage. T his property is located directly across Main Street from a local church and diagonally across from a local elementary school. Due to this proximity along with the possible extra services they may provide staff recommends denial of the special exception permit. Sun Yian Ying, business owner, and Witt C onner, property owner, appeared before the C ommission to explain the request. No other person(s) appeared related to the request. Denise King motioned to deny request of 2936 Salem Inc., dba Sunshine Spa and 217 N Y Ave Corp, property owner, for the issuance of a Special Exception Permit to allow a massage parlor at 2936 West Main Street (Tax Map # 210-1-2). Reid Garst seconded the motion. Ayes: Beamer, Daulton, Garst, King Nays: Conner D.Amendment to City Code - Chapter 106 Hold public hearing and consider ordinance on first reading amending C hapter 106, Zoning, Article IV. Development Standards, Section 106-400 pertaining to site plan review. Mary Ellen Wines, Zoning Administrator, noted the following: T he proposed amendment to the Zoning Ordinance is regarding the requirements for site plan review. T here are three housekeeping items. One is the allowance of agreements in lieu of plan, approved by the City Engineer, for sites that result in a 5,000-9,999 square foot increase in impervious surface area of the site. T his is done in practice but is not explicitly stated in the code. T he second is amending the responsibile party from the Director of Planning and Development (which is a position that no longer exists) to the Zoning Administrator who has authority over the Zoning Ordinance. T he third is the specifications of the format of the site plan. T his section applies to the scale and type of documents submitted for review. T he proposed amendment includes the addition of the minor site plan. T here are many instances that only a one- or two-page plan is required for review, instead of the full 20-page or so submittal. Currently, when this is the case, the requirements, the process, and the fee remain the same for a full site plan. T his amendment would allow for the smaller scale submission. Also included in the proposed amendment is the requirement of elevation drawings for any site plan. T his will assist the city in the review of proposed development. No other person(s) appeared related to the amendment. Neil Conner motioned to recommend approval of ordinance amending Chapter 106, Zoning, Article IV. Development Standards, Section 106-400 pertaining to site plan review. J ackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King E.Amendment to City Code - Chapter 78 Hold public hearing and consider ordinance on first reading amending C hapter 78, Subdivisions, Article I Generally, Sections 78-103 and 78-105, Article II Administration, 78-201, Article III Definitions, Section 78-300, Article IV Review of Plats, Sections 78-402, 78-403, 78-406, 78-408, 78-416, and 78-421.4 of the C O D E O F T HE C IT Y O F SA LEM, VIRG IN IA pertaining to the review of subdivision site plans and plats. Mary Ellen Wines, Zoning Administrator, noted the following: T he proposed amendment to the Subdivision Ordinance is regarding the requirements for submittal and approval of subdivision plats and subdivision site plans. T he proposal is in an effort to simplify the current process. T here are four housekeeping items. T he first is the definition of subdivision site plans. T his change clarifies that the required plan is a subdivision site plan. T he second is the clarification of the agents. T hrough the adoption of the Planning Commission by- laws, the City Manager, and Director of C ommunity Development shall serve as the agents of the Planning C ommission. T he third is amending the responsible party from the Director of Planning and Development (which is a position that no longer exists) to the Director of C ommunity Development. T he fourth are the specifications of the format of the plats and subdivision site plans. T hese sections apply to the scale and type of documents submitted for review. T he proposed amendment includes a change in the approval process of major subdivisions as required by the C ode of Virginia. Section 15.2-2260 states that the city can require a preliminary plat for a major subdivision involving 50 or more lots. However, a preliminary plat must be optional for a major subdivision involving less than 50 lots. T he proposed amendment also includes a change in the current process of major subdivisions. C urrently it is required that the preliminary plat, the final plat, and the site plan be approved by the Planning C ommission. With a large development with multiple sections this can be a confusing and time-consuming process. It is proposed to streamline the process by requiring only the final plat to be approved by the C ommission. T he preliminary plat and subdivision site plan would be approved administratively. T he proposed amendment also includes a change that the C ommission must approve any final plat recordation extension for a multiple phased project. No other person(s) appeared related to the amendment. Reid Garst motioned to recommend approval of ordinance amending Chapter 78, Subdivisions, Article I Generally, Sections 78-103 and 78-105, Article II Administration, 78-201, Article III Definitions, Section 78-300, Article IV Review of Plats, Sections 78-402, 78-403, 78-406, 78-408, 78-416, and 78-421.4 of the C O D E O F T HE C IT Y O F SA LEM, VIRG IN IA pertaining to the review of subdivision site plans and plats. Neil C onner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King F.P lanning Commission By-laws Consider the adoption of By-laws in accordance with Title 15.2, C hapter 22, Article 2, of the Code of Virginia. Denise King motioned adoption of By-laws in accordance with Title 15.2, C hapter 22, Article 2, of the C ode of Virginia. J ackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 6.Adjournment Meeting adjourned at 7:38 p.m.