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Home My WebLink About12/13/2023 - Planning Commission - Agenda -RegularPlanning Commission Meeting AGENDA Wednesday, December 13, 2023, 7:00 PM Work Session 6:00PM Council Chambers Conference Room, City Hall, 114 North Broad Street: Regular Session 7:00PM Council Chambers, City Hall, 114 North Broad Street WORK SESSION 1.Call to Order 2.New Business A.Discussion of items on the December agenda 1. 68 St. John Road 2. 2105-2121 Apperson Drive B.Introduction of items on the January 2024 agenda 1. 1236 West Main Street 2. 301 Carey Avenue 3. 416 Electric Road 4. 860 Mount Vernon Lane 3.Adjournment REGULAR SESSION 1.Call to Order A.Pledge of Allegiance 2.Consent Agenda A.Minutes Consider acceptance of the minutes from the November 15, 2023, work session and regular meeting. 3.New Business A.Amendment to the Zoning Ordinance Hold public hearing to consider the request of E2ST John, LLC, property owner, for rezoning Page 1 of 29 the property located at 68 St. John Road (Tax Map # 155-2-2.1) from HBD Highway Business District to HM Heavy Manufacturing District. B.Amendment to the Zoning Ordinance Hold public hearing to consider the request of Poindexter SW Florida, LLC, property owner, for rezoning the property located at 2105–2121 Apperson Drive (Tax Map # 281-1-2.2) from BCD Business Commerce District to HBD Highway Business District. 4.Adjournment City Council meeting, January 8, 2024, 6:30 p.m. Council Chambers, City Hall, 114 North Broad Street Page 2 of 29 Planning Commission Meeting MINUTES Wednesday, November 15, 2023, 7:00 PM Work Session 6:00PM 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 Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, at 6:00 p.m. on November 15, 2023; there being the members of said Commission, to wit: Vicki G. Daulton, Chair; Reid Garst, Neil L. Conner, and Jackson Beamer; together with Mary Ellen Wines, Planning & Zoning Administrator; Charles E. Van Allman, Jr., Director of Community Development; Maxwell S. Dillon, Planner; and Christopher Dadak, City Attorney; and the following business was transacted: Chair Daulton called the meeting to order at 5:58 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 November agenda 1. 800-802 Maryland 2. Sign code changes 3. Zoning ordinance changes A discussion was held regarding the item on the November agenda. B. Introduction of items on the December agenda 1. 68 St. John Road Rezoning HBD to HM 2. 2105-2121 Apperson Drive BCD to HBD Items for the December agenda were introduced, and a discussion was held. 3. Adjournment Chair Daulton inquired if there were any other items for discussion and hearing none, adjourned the work session at 6:53 p.m. Page 3 of 29 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 the Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia, at 7:00 p.m., on November 15, 2023. Notice of such hearing was published in the November 2 and 9, 2023, 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, interim City Manager; Christopher Dadak on behalf of 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 A. Minutes Consider acceptance of the minutes from the October 11, 2023, work session and regular meeting. Jackson Beamer motioned Consider acceptance of the minutes from the September 13, 2023, work session and regular meeting and the September 29, 2023, joint work session with City Council. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 3. New Business A. Special Exception Permit Hold public hearing to consider the request of GKM Properties, LLC, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 800-802 Maryland Avenue (Tax Map # 147 – 2 - 1). Staff noted the following: The subject property (800-802 Maryland Avenue, Tax Map # 147-2-1) consists of a 0.226-acre tract which possesses the RSF Residential Single- Family designation. 800-802 Maryland Avenue was originally built as an up/down duplex (two family dwelling) in 1966; however, in 2013 a building permit was issued to demo the lower unit due to a sewer back up. The unit sat vacant, and the property sold in 2015. The owner at that time discussed putting the lower unit back; however, it was never completed. The property then sold in 2023 and the current owner wishes to reestablish the lower unit. The zoning ordinance requires that two family dwellings receive a Special Exception Permit in order to be constructed in the RSF Residential Single-Family District. Page 4 of 29 On October 26, 2023, the Board of Zoning Appeals approved a variance for the minimum lot frontage and width in order for the lot to meet the minimum requirements of the RSF Residential Single-Family District. As a result, the property now satisfies those standards. The Future Land Use Map (FLUM) identifies this area as residential, consistent with the proposed utilization of the property should the Special Exception Permit be granted. Don Hadden, Balzer & Associates, agent for GKM Properties, appeared before the Commission and stated that the request is to reinitiate the property as a duplex. The property sat vacant for over two years; therefore, it lost its "grandfathered" status. The property was built in 1966 as a duplex, but had some unfortunate circumstances happen that ruined the bottom unit. The current owners are local and are invested in the property and the community. Some landscaping and cleaning up of the exterior of the property has already started. Currently the house fronts facing Maryland Avenue and has access from Pine Street to both units, and street parking is also available. Member Garst questioned what year the property was last occupied as multi-family. Mr. Hadden stated that it was in 2015 and noted that the top unit is the only one that had been in use until the property became vacant. Vice Chair King questioned what measurers had been taken to correct the sewer issue. Greg Matthews, property owner, 5364 Paragren Crest Circle, Roanoke, appeared before the Commission and stated that they currently have contractors evaluating the property. He plans to update the unit, but the project has been on hold until the outcome of the Special Exception Permit request is known. Member Conner questioned the projected rent of the units. Mr. Matthews stated that MKB Realtors would manage the property and handle the vetting of the renters. The projected rent would be just under $1,500 a month for each unit. A landscaping company would mow the grass. A discussion was held regarding the sewer issues of the property, landscaping, upgrades, etc. It was again noted that the structure was originally built as a duplex and was also noted that the Special Exception Permit can be revoked. Mark Jones, 808 Maryland Avenue, appeared before the Commission, and stated that he lives the closest to the residence and will be the most affected by the decision. He and his wife have lived there for almost 35 years and have raised a family in their home. He further stated that there have been some bad tenants over the years, and he is concerned about future tenants. Member Conner questioned who owned the property during that time. Mr. Jones stated that Luke Waldrop owned the property. He stated that there have been some good tenants, but mostly bad tenants over the years. He noted that his sewer goes Page 5 of 29 out the rear of his property and assumes it goes out the rear of the property in question as well. A discussion was held regarding previous tenants, previous owners, the request is revocable, etc. Vicki Jones, 808 Maryland Avenue, appeared before the Commission and stated that their master bedroom backs up to the right to the bottom unit of the subject property. She also noted the issues and struggles with the property over the years. Marie Tourville, 812 Maryland Avenue, appeared before the Commission and stated that she has a disabled daughter that stays home alone during the day, and she is concerned about the potential nature of the tenants. It was noted that only one person came into the office to ask about the request and did not address any concerns. Just inquired about the request. Mr. Matthews reappeared before the Commission and discussed the applicant screening process done by MKB Realty. Mr. Dadak noted that it is inappropriate for Planning Commission to assume illegal actions by the applicant. No other person(s) appeared related to the request. Neil Conner motioned approve the request of GKM Properties, LLC, property owner, for the issuance of a Special Exception Permit to allow a two-family dwelling on the property located at 800-802 Maryland Avenue (Tax Map # 147 – 2 - 1). Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King B. Amendment to the City Code - Chapter 66 Signs Hold public hearing to consider amending Chapter 66, Article I, In General, Section 66-7, Nonconforming signs and 66-9, Removal of signs no longer advertising existing bona fide business, of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to signs. Mary Ellen Wines, Zoning Administrator, appeared before the Commission and stated that signs perform an important function in identifying and promoting properties, businesses, services, residence, events, and other matters of interest to the public. However, signs can also obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. As a result, it is incredibly important to ensure that signs are properly managed, maintained, and even improved when necessary; especially those which do not meet the current standards and those that advertise businesses that are no longer in operation. The following guidelines are mechanisms by which non- conforming signs and signs no longer advertising a bona fide business will be regulated moving forward. For non-conforming signs, the City shall give the owner twelve (12) months to utilize the sign, to make it conform to the current regulations of this chapter, or to remove the sign and all parts of the sign structure. By giving them the additional twelve months, no other sign permits can be pulled for the property. Failure to meet the required ten-foot setback will not Page 6 of 29 be enforced as a non-conforming violation due to the historic right-of-way expansion over the years. The size and height of the sign will come into play for non-conforming signs. Signs that no longer advertise an existing bona fide business--instead of having the sign covered or replaced, the face only of the sign will be required to be replaced by a blank white face within 60 days after the closing of the business. No other person(s) appeared related to the item. Neil Conner motioned approve amending Chapter 66, Article I, In General, Section 66-7, Nonconforming signs and 66-9, Removal of signs no longer advertising existing bona fide business, of the CODE OF THE CITY OF SALEM, VIRGINIA pertaining to signs. Jackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King C. Amendment to the City Code - Chapter 106 Zoning Hold public hearing to consider amending Chapter 106, Zoning, Article II District Regulations, Sections 106-208.2, 106-214.2, 106-216.2, and 106-218.2, pertaining to permitted uses; Section 106-216.3 pertaining to site development regulations; Article III Use & Design Standards, section 106-304.21 pertaining to short term rentals; section 106-316.3 pertaining to accessory uses, residential; Article IV Development Standards, section 106-404 pertaining to parking requirements; section 106-406 miscellaneous provisions pertaining to storage containers; and Article VI Definitions and use types, section 106-600 pertaining to definitions of the CODE OF THE CITY OF SALEM, VIRGINIA. Staff noted the following: As staff has worked through the enforcement of the current zoning ordinance, it has become apparent that a few use types (administrative services, restaurant, retail sales) are either missing, or not appropriate in certain zoning districts. The changes in bold below reflect those adjustments. Additionally, the establishment of previously absent site development regulations for BCD Business Commerce District have been introduced. Staff would also like to introduce Short-Term Rental as a use type, correspondingly identifying its parameters, while not currently allowing it in any zoning district. This is designed to prevent the City of Salem from potentially being forced to adopt state- mandated short-term rental regulations. Adjustments to the ordinance to promote uniformity with the yard sale policy have been included. Off-street parking requirements have been modified in an effort to reduce the minimum requirements for several use types. The objective of these changes is to maximize usable space while also removing unnecessary impervious surfaces that introduce negative environmental benefits. Changes to the regulation of storage containers have been proposed to improve the character of major commercial corridors (i.e., Main Street, Wildwood Road, 4th Street, etc.) by not allowing them to be viewed from the public way. Residential Page 7 of 29 storage containers which facilitate relocation and renovation will still be permitted temporarily through the Community Development Office. Finally, staff has proposed additional language which will require the front door of any residential structure to face the street to which it is addressed. This change will remove ambiguity in the current code which potentially allows for the manipulation of front, side, and rear yards for lots which possess more than one street frontage. Duane Smith, 462 Patricia Drive and 1020 S. College Avenue, appeared before the Commission regarding the proposed amendment regarding storage containers. He stated that he understands the restriction in certain corridors but does not agree with College Avenue. He knows certain properties are being targeted, two of which he owns. The storage containers on his property are well-maintained and mostly out of sight from the street. He listed a few properties he knew that currently had storage containers on their property. He feels that the storage containers are better suited for businesses as they are made of steel, last longer, have less repair, more economical, etc. He feels that the proposed amendment needs to be fine-tuned. A discussion was held regarding the proposed amendment(s) to Section 106-406 miscellaneous provisions pertaining to storage containers and it was continued to the March 13, 2024, meeting. No other person(s) appeared related to the item. Jackson Beamer motioned approve amending Chapter 106, Zoning, Article II District Regulations, Sections 106-208.2, 106-214.2, 106-216.2, and 106-218.2, pertaining to permitted uses; Section 106-216.3 pertaining to site development regulations; Article III Use & Design Standards, section 106-304.21 pertaining to short term rentals; section 106-316.3 pertaining to accessory uses, residential; Article IV Development Standards, section 106-404 pertaining to parking requirements; and Article VI Definitions and use types, section 106-600 pertaining to definitions of the CODE OF THE CITY OF SALEM, VIRGINIA. Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 4. Adjournment On motion by Member Conner, seconded by Vice Chair, the meeting was adjourned at 8:08 pm. City Council meeting, November 27, 2023, 6:30 p.m. Council Chambers, City Hall, 114 North Broad Street Page 8 of 29 AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SALEM, VIRGINIA held in the Council Chambers of City Hall, 114 North Broad Street Salem, VA 24153 AGENDA ITEM: Amendment to the Zoning Ordinance Hold public hearing to consider the request of E2ST John, LLC, property owner, for rezoning the property located at 68 St. John Road (Tax Map # 155-2-2.1) from HBD Highway Business District to HM Heavy Manufacturing District. SUBMITTED BY: Mary Ellen Wines, Planning & Zoning Administrator SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: HBD Highway Business District Land Use Plan Designation: Industrial Existing Use: Vacant Proposed Use: Lease Space – Flexible Warehouse with Office Space The subject property consists of a 0.932-acre tract of land which currently sits within the HBD Highway Business District designation. To provide a bit of history, this parcel is a portion of the original St. John Place Commerce Center, designed to be a flexible industrial development. It is one of two remaining vacant parcels along Electric Road, on the southside of St. John Road. Formerly zoned HM Heavy Manufacturing, this request seeks to return it to the HM Heavy Manufacturing classification. This parcel is currently vacant. The applicant plans to develop this parcel in a similar nature to the flexible commercial lease space which is currently being constructed at 105 St. John Road. As depicted on the concept plan, the proposed development will be accessed via St. John Road. This will include a 9,900 square foot building with a 20’ x 20’ loading dock. There will be 19 parking spaces included. Access will be off St. John Road using a shared private access drive. The Future Land Use Map (FLUM) identifies this area as industrial which is consistent with the proposed utilization of the property. REQUIREMENTS: The proposal meets the requirements of Section 106-220.3. Site development regulations for HM. OPTIONS: 1. Recommend approval of the request. 2. Recommend denial of the request. Page 9 of 29 Page 10 of 29 Page 11 of 29 Page 12 of 29 Page 13 of 29 Page 14 of 29 Page 15 of 29 Page 16 of 29 MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip 155-2-2.1 68 ST JOHN RD E2ST JOHN LLC C/O STEPHEN MAGENBAUER 1819 ELECTRIC RD SUITE E ROANOKE VA 24018 155-2-1 72-76 ST JOHN RD ST JOHN PLACE LLC 1819 ELECTRIC RD SUITE E ROANOKE VA 24018 155-2-2 80-84 ST JOHN RD ST JOHN PLACE LLC 1819 ELECTRIC RD SUITE E ROANOKE VA 24018 155-2-2.2 744 ELECTRIC RD E3MAG LLC 1819 ELECTRIC RD SUITE E ROANOKE VA 24018 155-3-1 71 ST JOHN RD HELM BUILDING ENTERPRISES LTD 1491 SOUTHSIDE DR SALEM VA 24153 155-3-2 105 ST JOHN RD HELM BUILDING ENTERPRISES LTD 1491 SOUTHSIDE DR SALEM VA 24153 155-1-2 565 ELECTRIC RD MOUNT SINAI PROPERTIES -ELECTRIC RD LLC P O BOX 3096 SALEM VA 24153 Page 17 of 29 AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SALEM, VIRGINIA held in the Council Chambers of City Hall, 114 North Broad Street Salem, VA 24153 AGENDA ITEM: Amendment to the Zoning Ordinance Hold public hearing to consider the request of Poindexter SW Florida, LLC, property owner, for rezoning the property located at 2105– 2121 Apperson Drive (Tax Map # 281-1-2.2) from BCD Business Commerce District to HBD Highway Business District. SUBMITTED BY: Mary Ellen Wines, Planning & Zoning Administrator SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: BCD Business Commerce District Land Use Plan Designation: Commercial Existing Use: Multi-tenant building Proposed Use: various commercial uses The subject property consists of a 1.473-acre tract of land which currently sits within the BCD Business Commerce District designation. To provide a bit of history, this parcel is a portion of the original 19-acre shopping center property that was that was purchased by Lewis-Gale. This property was rezoned from the commercial district B-3 to the current BCD Business Commerce District to accommodate their needs. This property is currently partially occupied by various commercial tenants or otherwise vacant. In order to allow additional commercial uses such as restaurant and retail sales the property must be rezoned to a commercial district. Therefore, the petitioners are requesting the property be rezoned to HBD, Highway Business District. The Future Land Use Map (FLUM) identifies this area as commercial which is consistent with the proposed utilization of the property. OPTIONS: 1. Recommend approval of the request. 2. Recommend denial of the request. Page 18 of 29 Page 19 of 29 Page 20 of 29 Page 21 of 29 Page 22 of 29 Page 23 of 29 Page 24 of 29 Page 25 of 29 Page 26 of 29 Page 27 of 29 MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip 281-1-2.2 2105-2121 APPERSON DR POINDEXTER SW FLORIDA LLC 2014 ELECTRIC RD # 236 ROANOKE VA 24018 281-1-2.1 2103 APPERSON DR TWO BOYS REALTY II LLC 5010 CELL TOWER DR ROANOKE VA 24018 282-4-1 2071 APPERSON DR ALINA LLC 97 DOE DR ROANOKE VA 24012 282-4-2 2069 APPERSON DR WILLIAM E BROWN JR JENNIFER G BROWN 3767 HARBORWOOD RD SALEM VA 24153 281-1-2.3 2131 APPERSON DR SMALL STEPS LEARNING ACADEMY INC 1224 PETERS CREEK RD NW ROANOKE VA 24017 281-1-2 2141-2167 APPERSON DR LAYMAN REAL ESTATE HOLDINGS LLC P O BOX 1015 SALEM VA 24153 281-1-2.4 2155 APPERSON DR LEWIS GALE MEDICAL CENTER LLC ATTN: REAL ESTATE DEPT ONE PARK PLAZA NASHVILLE TN 37203 Page 28 of 29 PAYMENT DATE 10/30/2023 COLLECTION STATION Engineering/Inspections RECEIVED FROM Martha Poindexter City of Salem P.O. Box 869 Salem, VA 24153 BATCH NO. 2024-00002275 RECEIPT NO. 2024-00045598 CASHIER Krystal Graves DESCRIPTION Printed by: Loretta Prillaman Page 1 of 1 11/02/2023 11:27:00 AM PAYMENT CODE RECEIPT DESCRIPTION TRANSACTION AMOUNT CD LAND USE Land Use Application Fees $1,000.00 rezoning fee for 2105 Apperson Drive Total Cash $0.00 Total Check $0.00 Total Charge $0.00 Total Wire $0.00 Total Other $1,000.00 Total Remitted $1,000.00 Change $0.00 Total Received $1,000.00 $1,000.00Total Amount: Customer Copy Page 29 of 29