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HomeMy WebLinkAbout5/15/2024 - Planning Commission - Minutes - RegularPlanning Commission Meeting MINUTES Wednesday, May 15, 2024, 7:00 PM Work Session 6:00PM Regular Session 7:00PM Council Chambers Conference Room, City Hall, 114 North Broad Street: WORK SESSION 1. Call to Order A work session of the Planning Commission of the City of Salem, Virginia, was held in the Council Chambers Conference room, City Hall, 114 North Broad Street, Salem, Virginia, at 6:00 p.m. on May 15, 2024; there being the members of said Commission, to wit: Vicki G. Daulton, Chair; Denise P. King, Vice Chair; Reid Garst, Neil L. Conner, and Jackson Beamer; together with H. Robert Light, Assistant City Manager; Mary Ellen Wines, Planning & Zoning Administrator; Charles E. Van Allman, Jr., Director of Community Development; Maxwell S. Dillon, Planner; and Jim Guynn, City Attorney; and the following business was transacted: Chair 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. Old Business A. Discussion of items on the May agenda 1. 1200 block Thompson Memorial Dr rezoning from RSF to HBD A discussion was held regarding the rezoning request for the 1200 block of Thompson Memorial Drive from RSF to HBD. 3. New Business A. Discussion of items on the May agenda 1. 324 Pennsylvania Avenue - Special Exception - two family dwelling A discussion was held regarding the request for a Special Exception Permit at 324 Pennsylvania Avenue. B. Discussion of items on the June agenda 1. Section 106-406.25 - Storage Containers A discussion was held regarding the item for the June meeting. 4. Adjournment Chair Daulton inquired if there were any other items for discussion and hearing none, adjourned the work session at 6:31 p.m. REGULAR SESSION 1. Call to Order A regular meeting of the Planning Commission of the City of Salem, Virginia, was held after due and proper notice in Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia, at 7:00 p.m., on May 15, 2024. Notice of such hearing was published in the May 2 and 9, 2024, issues of the "Salem Times-Register," a newspaper published and having general circulation in the City of Salem. All adjacent property owners were notified via the U.S. Postal Service. The Commission, constituting a legal quorum, presided together with H. Robert Light, Assistant City Manager; Jim Guynn, City Attorney; Mary Ellen Wines, Planning & Zoning Administrator; Maxwell S. Dillon, City Planner; and Charles E. Van Allman, Jr., Director of Community Development, and the following business was transacted: A. Pledge of Allegiance 2. Consent Agenda Chair Daulton announced that she would be retiring from the Planning Commission, and this would be her last meeting. She had been on the Commission 24 years and had been a part of many things, good and controversial throughout the years. She stated she would miss Salem very much. She wished the Commission members and city staff much luck in the future. A. Minutes Consider acceptance of the minutes from the April 10, 2024, work session and regular meeting. Denise King motioned approve April 10, 2024, work session minutes as amended; and approve April 10, 2024, regular meeting minutes. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King B. June 12, 2024, Planning Commission meeting The Zoning Administrator noted that staff will not be ready to present on possible changes to Section 106-406.25 of the City of Salem Code regarding Storage Containers at the June meeting and requested that the item be continued to a future date. Neil Conner motioned to continue amending Code Section 106- 406.25 of the Code of the City of Salem, regarding Storage Containers to a future date. Jackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King Due to no other items being on the June agenda, Neil Conner motioned to cancel the June 12, 2024, Planning Commission meeting. Reid Garst seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 3. Old Business A. Amendment to the Zoning Ordinance Consider the request of Pinkesh R. Patel and Sonal P. Patel, property owners, for rezoning the property located at 1200 block Thompson Memorial Drive (Tax Map # 20 - 2 - 4) from RSF Residential Single-Family District to HBD Highway Business District. (Continued from the April 10, 2024, meeting, request to withdraw received from the petitioner) Staff noted that the petitioners have requested to withdraw their request. Reid Garst motioned request to withdraw the request of Pinkesh R. Patel and Sonal P. Patel, property owners, for rezoning the property located at 1200 block Thompson Memorial Drive (Tax Map # 20 - 2 - 4) from RSF Residential Single- Family District to HBD Highway Business District. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 4. New Business A. Special Exception Permit Hold public hearing to consider the request of JBN Investments, LLC, property owner, for the issuance of a special exception permit to allow for the conversion of a single-family dwelling to a two-family dwelling on the property located at 324 Pennsylvania Avenue (Tax Map # 120 – 6 - 3). STAFF REPORT Staff noted the following: The subject property consists of a 0.344-acre tract of land which currently sits within the RSF Residential Single Family zoning designation. This parcel is 100 feet wide, and it contains two existing 50-foot-wide interior lots. The applicant is requesting a Special Exception Permit for the allowance of a two-family dwelling that will provide two separate residential units within the same existing principal structure. In 2022, the applicant purchased the subject property which consists of a primary house and a smaller detached cottage in the rear yard. The primary structure contains multiple bedrooms and two kitchens. Beginning in the fall of 2023, the Community Development staff received numerous complaints from neighbors stating that the subject property was being utilized as a short-term rental. After coordinating a site visit with the property owners in early 2024, CD staff learned that an interior wall had been placed within the primary structure, and subsequently, two residential units had been created. At that time, CD staff informed the property owners that the interior wall had to be removed, or a Special Exception Permit for a two-family dwelling obtained. Since that time, no complaints have been received. The cottage in the rear yard is legal nonconforming, and as a result, can be rented on a long-term basis so long as it is not vacant for more than two years. 324 Pennsylvania Avenue is located within an established, historic single-family neighborhood, and although there are other uses/zoning designations located on its periphery, the core of Pennsylvania Avenue is a traditional single-family community. Neil Kessee, representing JBN Investments, appeared before the Commission and stated that the property was purchased with the expectation that it would be a two-family dwelling based on the two kitchens. The property has three on-site parking spaces, as well as ample parking on the street. He noted that the rear of the property abuts Oakey's Funeral Home, which is a commercial use. The property is rented, fully furnished and is marketed to professionals such as travel nurses. He stated that if the special exception request is denied, then there are other uses by-right available that would be much worse such as an elderly home or a sobriety home. He feels that the petitioner has a good, solid plan in place and would fit well in the community. Chair Daulton noted that the property had not been utilized as a two-family dwelling previously, despite the presence of two kitchens. She stated that she understands why the petitioners feel that with two kitchens, it would be a good two-family dwelling, but none of the homes in the 300 block of Pennsylvania Avenue are two-family dwellings. Vice Chair King asked about the access to the units and utility meters for the units. Mr. Kessee stated that the entrance to the units is through the main door to a "lobby" area, which leads to the separate units. There is one meter for the principal structure. Vice Chair King asked who would be taking care of the landscaping of the property. Mr. Kessee stated that a third-party landscaper comes every two weeks to take care of the property. A discussion was held regarding sobriety houses, homes for the elderly, etc. that could be placed on the property. Adam Neal, property owner, appeared before the Commission and stated that a door was framed in to create the separation of the units. Staff noted that if the request was approved, building amendments may be required to install the appropriate separation/firewall between the units. Vice Chair King asked if the request was not approved, then the owners intend to place an elderly or sobriety home in the residence. Mr. Kessee stated that those are alternatives that have been looked at for the property. Laura Richards, 332 Pennsylvania Avenue, appeared before the Commission and stated that she is speaking on behalf of the residents of Pennsylvania Avenue strong opposition of the request. She stated that the LLC is not requesting to rezone the property, but to allow it to continue to operate as it has been operating and marketing for the last 10 months as a multi-unit property. She stated that the constant influx of transient laborers has created on-going issues and disrupts the neighborhood (i.e. excessive trash, parking issues, intoxication and drug use by occupants, aggressive animals, etc.). She feels the LLC's blatant disregard of regulations and the negative impact on the neighborhood warrants the Planning Commission's denial of the request and asked that the Commission deny the request. Vice Chair King asked if anyone has called the police department due to the issues from the property. Ms. Richards stated that she has not called the police but cannot speak for other residents. Member Garst stated that there are other multi-family units in the area and asked how this property is different from the others. Ms. Richards stated that there are three units being operated on the one parcel--two in the main residence, and one in the carriage house. She is only aware of one other multi-family dwelling in the area, and it requires a one-year lease. This property was originally marketed as a 30-day minimum property until complaints were received and then it started being marketed as a 90-day rental. However, you will see a vehicle on the property for a week or longer, but other vehicles will be at the property for days or weeks at a time. It appears as if there is a sub-lease of some sort. The other rental property with long-term rentals, the renters are acclimated to the neighborhood, take pride in their property and participate in the community. Chair Daulton noted that the property has been marketed on Furnished Finder and asked how that differs from the air B & B policies of the City. Staff noted that the City does not allow short-term rentals, it has a 90-day policy. To be in current compliance, the length of stay must be at a minimum of 90 days. It was further noted that as of July 1, 2024, the state legislature will no longer allow localities to mandate a 90-day minimum requirement, it will go to 30 days instead. Rick Correll, 348 Pennsylvania Avenue, appeared before the Commission and stated that he has been in construction for 50 years. He cannot believe the owners did not ask if this is something that could be done beforehand. He feels the owners are asking for forgiveness instead of permission. He is in opposition of the request. Greg Blythe, 340 Pennsylvania Avenue, appeared before the Commission and stated that he purchased his property due to the single-family nature of the neighborhood. He opposes the request. Karen Walker, 352 Pennsylvania Avenue, appeared before the Commission and stated that she does not want to see the character of the neighborhood destroyed. Dave Redding, 320 Pennsylvania Avenue, appeared before the Commission and stated that he feels unsafe due to the people renting the units in 320 Pennsylvania Avenue. He has not called the police but has contacted the zoning department regarding the issues. Regina Correlle, 348 Pennsylvania Avenue, appeared before the Commission and stated that the community is not just a community, they are a family. She and her family feel unsafe due to the renters of the property. She opposes the request. Mike Grove, 321 Pennsylvania Avenue, appeared before the Commission and stated that he and his wife moved to the area in 2021. They were attracted to Salem due to its safe community and its schools. He stated that their peace was disrupted when the current owners purchased the property at 324 Pennsylvania Avenue. He opposes the request and asked the Commission to deny the request. Chair Daulton asked the petitioner if the intention was for the property to be short-term or long-term rental. Mr. Keesee stated that the owners intend it to be long-term, which the city ordinance states must be at least 90 days and the owners are willing to proffer that condition as part of the request. The City Attorney noted that a condition determining the length of stay will be superseded by upcoming state legislation. Melissa Neal, property owner of 324 Pennsylvania Avenue, appeared before the Commission and stated that she tries to rent to respectable, professional renters. She stated that she says that she has an 85% extension rate from renters, which means that the renters like the area and take pride in the area. She does not discriminate against renters, and she did address and remove the renters causing issues when they were aware of the issues. She stated that they primarily rent to traveling nurses at Carilion. A discussion was held regarding the layout of the residence, the other rental properties owned by the petitioner (nine others, one in Salem on Piedmont Avenue); grandfathered cottage on the property, parking, etc. Laura Richards reappeared before the Commission with her husband Bill, 332 Pennsylvania Avenue, and stated that she did introduce herself to Mrs. Neal when they first purchased the property. She stated that Mrs. Neal told her that they would be renting the property. She assumed that the owners with their knowledge and experience of rental property would be aware of the city ordinances and regulations. Mr. Richards stated that he should not feel like a prisoner in his own home and should not have to call the landlord every time there is a situation or an issue with the property--it is not his job to police the property. Greg Blythe reappeared before the Commission and noted that when you search the property on Furnished Finder, the property is marketed for the character of the neighborhood, but the property owners are not trying to maintain the character of the neighborhood and threatened the neighborhood with something worse if the request was denied. No other person(s) appeared related to the request. Denise King motioned to recommend denial of the request of JBN Investments, LLC, property owner, for the issuance of a special exception permit to allow for the conversion of a single-family dwelling to a two-family dwelling on the property located at 324 Pennsylvania Avenue (Tax Map #120-6-3). Reid Garst seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 5. Adjournment Mayor Turk appeared before the Commission on behalf of City Council and recognized Chair Daulton for her esteemed service to the Commission and its citizens during her tenure on the Planning Commission by presenting her with the Salem Salutes award. Chair Daulton adjourned the meeting at 8:18 p.m.