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Home My WebLink About5/12/2021 - Planning Commission - Agenda -RegularPlanni ng Commission Meeti ng AGENDA Wednesday, May 12, 2021, 7:00 P M Salem Civic Center, Community Room, 1001 Roanoke Boulevard, Salem, VA 24153 1.Call to Order 2.Pledge of Allegiance 3.Consent Agenda A.Minutes Consider acceptance of the minutes from the April 14, 2021, work session and regular meeting. 4.New Business A.Special Exception P ermit Hold public hearing to consider the request of Scott A. Boggs, property owner, for the issuance of a Special Exception Permit to allow retail sales on the property located at 407 East Burwell Street (Tax Map # 120-1-5). S TAFF REPO RT B.Amendment to the City Code Hold public hearing to consider amending C hapter 106, Zoning, Article III Use & Design Standards, Section 106-308 pertaining to office uses, and Article VI, Definitions and Use Types, Section 106-602, Use Types, Section 106-602.5 Civic Use Types and 106-602.7 Office Use Types, pertaining to guidance services, medical offices/clinic, and outpatient mental health and substance abuse clinics, of the C O D E O F T HE C IT Y O F SA LEM, VIRGINIA. S TAFF REPORT C.Salem Historic Registry Consider petition from MC LIP Properties, LLC , for inclusion in the Salem Historic Registry of the property located at 901 South Colorado Street and 110 7th Street (Tax Map # 184-4-8). 5.Adjournment Work Session, Wednesday, May 12, 2021, 6:00 p.m. Parlor B, Salem C ivic C enter C ity C ouncil meeting, May 24, 2021, 6:30 p.m. Community Room, Salem Civic Center UNAPPROVED MINUTES PLANNING COMMISSION WORK SESSION April 14, 2021 A work session of the Planning Commission of the City of Salem, Virginia, was held in Parlor B, Salem Civic Center, 1001 Roanoke Boulevard, at 6:30 p.m., on April 14, 2021, there being present all the members of said Commission, to wit: Vicki G. Daulton, Chair; Denise P. King, Vice Chair; Reid A. Garst II, N. Jackson Beamer, and Neil L. Conner; together with Charles E. Van Allman, Jr., Director of Community Development; Mary Ellen Wines, Zoning Administrator; Benjamin W. Tripp, City Planner; and Jim H. Guynn, Jr. Interim City Attorney; and the following business was transacted: Whereas, Chair Daulton called the meeting to order at 6:33p.m. and reported that this date, place, and time had been set in order for the Commission to hold a work session; and Whereas, Ms. Wines presented the 2020 Board of Zoning Appeals annual report. It was noted that there had been zero determination appeals and eighteen variance requests in the last five years. She further noted that forty percent of the variance requests had been regarding accessory structures in the side or rear yards, twenty-five percent were floodplain, twenty percent were side yard setbacks, and fifteen percent were regarding rear yard setbacks. The Commission was invited to discuss any relevant code changes as a result of the variance requests. The Commission accepted the 2020 Board of Zoning Appeals annual report; and Whereas, Mr. Tripp presented a proposed text amendment from Mr. John Breen. Mr. Breen suggested that “special exception permits shall be considered following a review and report from the city manager and the city attorney of all Salem and Virginia statutes referencing the granting of special exceptions prior to city council consideration”. It was discussed and the Commission accepted the request and directed it to be filed; and In re: Hold public hearing to consider amending Chapter 106, Zoning, Article II District Regulations, Sections 106-204.3(B)1, 106-208.3(B)1, 106-213.3(B)1 pertaining to single-family dwellings; Article III Use & Design Standards, Section 106- 304.5(B)(D) pertaining to home occupations, Article IV Development Standards, Section 106-404.11(A)(E) pertaining to parking, Article V Administration, Sections 106-504(A), 106- 514, 106-518 pertaining to zoning permits, enforcement, and 2 civil penalties of the CODE OF THE CITY OF SALEM, VIRGINIA. STAFF REPORT Whereas, staff noted the following: Staff continually reviews the Zoning Ordinance for its current applicability. There are several housekeeping changes including single-family dwelling setbacks, changes to home occupations, parking, and zoning permits. Other topics of discussion have arisen due to the recent shift from being reactionary regarding complaints of code violations to a more proactive system. To make this transition, changes to the zoning ordinance to include inspection warrants and a civil ticket system are needed. Whereas, Ms. Wines presented a change in the proposed amendment regarding gravel driveways for residential property to clarify corner and double frontage lots. Staff and the Commission discussed the change; and Whereas, Commissioner Garst requested an increase in the allowed number of clients allowed to the home with a home occupation permit from five to six. Staff and the Commission discussed the request; and Whereas, a full and lengthy discussion was held regarding the proposed amendments. THEREUPON, the Commission took no action at this work session. There being no further business to come before the Commission, the work session was adjourned at 6:55 p.m. _____________________________ Chair ________________________________ Executive Secretary Planning Commission Meeting MINUTES Wednesday, April 14, 2021 7:00 PM Salem Civic Center, Community Room, 1001 Roanoke Boulevard, Salem, VA 24153 1. Call to Order A regular meeting of the Planning Commission of the City of Salem, Virginia, was called to order at 7:03 p.m., there being present the following members to wit: Vicki G. Daulton, Chair; Denise P. King, Vice Chair; Reid A. Garst II, N. Jackson Beamer, and Neil L. Conner; with Vicki G. Daulton, Chair, presiding; together with Rob Light Assistant City Manager and Deputy Executive Secretary; Charles E. Van Allman, Jr., Community Development Director; Mary Ellen Wines, Zoning Administrator, and Benjamin W. Tripp, City Planner. 2. Pledge of Allegiance 3. Election of Officers N. Jackson Beamer nominated Vicki G. Daulton as Chair; Neil Conner seconded. Ayes: Beamer, Conner, Daulton, Garst, King N. Jackson Beamer nominated Denise P. King as Vice Chair; Neil Conner seconded. Ayes: Beamer, Conner, Daulton, Garst, King N. Jackson Beamer nominated Rob Light as Executive Secretary Pro-Tem; Neil Conner seconded. Ayes: Beamer, Conner, Daulton, Garst, King 4. Consent Agenda A. Minutes Consider the acceptance of the minutes from the December 16, 2020, regular meeting. N. Jackson Beamer motioned to accept the minutes as presented. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 5. New Business A. Amendment to the Sign Ordinance Hold public hearing to consider amending Chapter 66, Article I, In General, Section 66-9, Article III, Construction Location, Division 1, Generally, Section 66-73, Article IV Permitted Signs by Use and District, Section 66-107, and Article V, Definitions, Section 66- 151, of the CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to signs. The Executive Secretary Pro-Tem reported that notice of said hearing had been published in the April 1 and 8, 2021, issues of the Salem Times-Register. Staff noted the following: The maintenance of property has become an increasingly problematic issue. This includes the maintenance of signs. The code changes included in this item are to support the transition from a reactionary violation system to a more proactive system. These changes address abandoned signs, neglected signs and overall maintenance. Chair Daulton opened the public hearing and asked if there was anyone to speak regarding the amendments. Mary Ellen Wines, Zoning Administrator, of 21 South Bruffey Street, Salem, appeared before the Commission to review the proposed changes. She requested that the Commission consider changing some of the code sections that affect the appearance and maintenance of signs and the removal of signs that are considered abandoned by a business that no longer sets on the property. Section 66-9 is the removal of signs. This section will give the property owner 60 days to cover a sign by blanking the face or covering the sign with a full cover. Section 66- 73 is to keep a sign in good repair. This section states that deterioration by neglect is prohibited. Neglected signs are being added to the prohibited sign list and in the definition section the definition of neglected signs will be added. The definition of abandoned signs will be changed to allow 60 days to cover or blank the face instead of 360, which is what was originally. A discussion was held regarding the state code and how it affects the city code. There were no other comments or questions. Chair Daulton closed the public hearing. Neil Conner motioned to recommend to the Council of the City of Salem the amendments to Chapter 66, Article I, In General, Section 66-9, Article III, Construction Location, Division 1, Generally, Section 66-73, Article IV Permitted Signs by Use and District, Section 66-107, and Article V, Definitions, Section 66-151, of THE CODE OF THE CITY OF SALEM, VIRGINIA, pertaining to signs be approved. Denise King seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King B. Amendment to the Zoning Ordinance Hold public hearing to consider amending Chapter 106, Zoning, Article II District Regulations, Sections 106-204.3(B)1 pertaining to singles-family dwellings; Article III Use & Design Standards, Section 106-304.5(B)(D) pertaining to home occupations, Article IV Development Standards, Section 106-505.11(A)(E) pertaining to parking, Article V Administration, Sections 106-504(A), 106-514, 106-518 pertaining to zoning permits, enforcement, and civil penalties of the CODE OF THE CITY OF SALEM, VIRGINIA. The Executive Secretary Pro-Tem reported that notice of said hearing had been published in the April 1 and 8, 2021, issues of the Salem Times-Register. Staff noted the following: Staff continually reviews the Zoning Ordinance for its current applicability. There are several housekeeping changes including single-family dwelling setbacks, changes to home occupations, parking, and zoning permits. Other topics of discussion have arisen due to the recent shift from being reactionary regarding complaints of code violations to a more proactive system. To make this transition, changes to the zoning ordinance to include inspection warrants and a civil ticket system are needed. Chair Daulton opened the public hearing and asked if there was anyone to speak regarding the amendments. Mary Ellen Wines, Zoning Administrator, of 21 South Bruffey Street, appeared before the Commission to review the proposed changes. She stated that there are some “housekeeping” items in the institution of inspection warrants and civil penalties in this group of amendments. For single-family dwellings in Residential Multi-Family, Residential Business, and Community Business Districts; it is requested that single-family dwellings adhere to the same setback requirements as required in the Residential Single-Family District to protect the single-family buffer, and to keep the setbacks in-line with the other single-family dwellings. The changes to Home Occupation Permits will allow retail and wholesale sales, e-commerce on-line only, no at home shopping. Currently the code states that there will be no retail sales at the home as part of the home occupation. It would also change the type of client that can come to a home with a home occupation. Currently it allows tutoring, lessons in fine arts, etc. but would also like to allow accounting, web design, interior design, marketing, and such to be allowed to have the same number—five clients per day. Currently the code allows for up to five (5) persons in your home as far as a family day home or a childcare. The State has changed its restrictions. If you pass the threshold of four children or three adults, it is then required to be licensed by the Department of Social Services; therefore, it is requested to reduce the threshold for home occupations so that the secondary licensing does not have to be met. She stated that based on numerous complaints over the last couple of years, it is requested that a change in the parking associated with home occupations to require the vehicle associated with the business to be parked on the premises and not on the street to prevent sight distance issues, blocking of driveways, etc. due to some of the larger type vehicles. The renewals of home occupations used to be renewed annually and would be researched and investigated each year. Currently home occupations are renewed through the Commissioner of the Revenue’s Office as part of the business license renewal, and they are not investigated unless there has been a complaint. The code needs to be updated to state the change of the Commissioner of the Revenue’s Office handling the renewals. She stated that currently a zoning permit is not required for patios or fences but is required for everything else. The re- roof of a residential home, non-structural, does not need to be reviewed so therefore, it is being added to the list that does not require a zoning permit. The enforcement section is where there are the most changes. An inspection warrant process will be established where if the property owner or occupant will not allow the city access to inspect the property, the evidence can be taken to the magistrate and if the magistrate deems it appropriate, can issue an inspection warrant to allow the city access to verify if they are indeed violating the zoning ordinance. It is also requested to expand the list of responsible parties. Currently everything focuses on the property owner only; and this would amend the list to include the tenant, occupant, or any person allowing the violation to happen on the property to be ultimately responsible. Section 106-514(E) Enforcements establishes what acts are actually a violation of the zoning ordinance. In order to institute civil penalties, which is being requested, a list of specific acts that would be considered a violation is required. In general, it means that anything that violates the zoning ordinance could result in a civil ticket. The criminal penalty section is being amended to allow for criminal penalties or civil penalties in lieu of criminal penalties. Section 106-518 is the big change. It is where civil penalties are instituted. The city is allowed to write tickets to violators after a 15-day warning. The ticket is like any other ticket written. The fine has to be paid in the Treasurer’s office. If the ticket is appealed, then it goes to General District Court where a judge will decide. Once penalties are issued up to $5,000 it becomes a criminal misdemeanor charge and will automatically go to General District Court as well. Section 106-520 currently reads that any proposed amendments are referred to Planning Commission by City Council. To avoid a step that City Council has to take action by resolution and send the item to the Commission, it is requested to remove the phrase “by City Council” to where the items are automatically referred to the Planning Commission as what is currently being done in practice. Vice Chair King questioned how the fines are collected if sent to General District Court. Ms. Wines stated that the debt would be collected by the court system. It was noted that the City would have to place a lien on the property itself if the fine(s) were not paid. The treasurer’s office would notify the zoning administrator that the fines have not been paid. There were no other comments or questions. Chair Daulton closed the public hearing. Reid Garst motioned to recommend to the Council of the City of Salem that the amendments to Chapter 106, Zoning, Article II District Regulations, Sections 106-204.3(B)1 pertaining to singles-family dwellings; Article III Use & Design Standards, Section 106- 304.5(B)(D) pertaining to home occupations, Article IV Development Standards, Section 106-505.11(A)(E) pertaining to parking, Article V Administration, Sections 106-504(A), 106-514, 106-518 pertaining to zoning permits, enforcement, and civil penalties of the CODE OF THE CITY OF SALEM, VIRGINIA be approved as presented with a minor change in Section 106-304.5(B)5 that the total number of students shall not exceed six (6) per day and any other type of client shall also be limited to six (6) per day. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King C. Board of Zoning Appeals 2020 Annual Report It was noted that the Board of Zoning Appeals Annual Report was received. 6. Adjournment Neil Conner motioned to adjourn the meeting at 7:35p.m. Seconded by Vice Chair King CITY OF SALEM ITEM 4A PLANNING COMMISSION STAFF REPORT Prepared by: Meeting Date: City Administrative Staff May 12, 2021 Report prepared: May 5, 2021 RE: Hold public hearing to consider the request of Scott A. Boggs, property owner, for the issuance of a Special Exception Permit to allow retail sales on the property located at 407 East Burwell Street (Tax Map # 120-1-5). STAFF REPORT SITE CHARACTERISTICS: Zoning: RB Residential Business Land Use Plan Designation: Downtown Proposed Zoning: RB with Special Exception Permit Existing Use: Office Proposed Use: Office and Retail Sales BACKGROUND INFORMATION: The subject property consists a single parcel located at the corner of East Burwell Street and Thompson Memorial Drive (Northbound), east of the intersection with South College Avenue. The size is approximately 0.1 acres, and is currently occupied by a two-story single family residence. The applicant is requesting a Special Exception Permit to allow Retail Sales as part of their fly fishing outfitter business. The retail sales would be one component, with the outfitter also offering lessons and guided trips. Retail items include related equipment such as clothing and fishing gear. Areas of the building that are not used by the outfitter will remain professional offices. ISSUES: Retail Sales requires a Special Exception Permit in Residential Business. April 25, 2021 City of Salem Zoning Commission To Whom it May Concern, Please ﬁnd herewith application for an SEP allowing retail sales in the building at 407 E Burwell St. This building previously operated as the professional offices of TA Carter, Jr. Architect. I purchased the building in late December from Sandra Ferris, long time secretary of Mr Carter. Our current plan is to keep the upper and basement levels for use as professional offices with approximately one third of the main level being a conference room for use by the tenants. The remaining area of the main level will be Carter Fishing Company, a ﬂy ﬁshing outﬁtter offering lessons and guided trips, with supporting retail. We will offer ﬁshing gear and equipment as well as clothing and related merchandise. We are very excited to bring this venture to the Roanoke Valley and especially to be located in Downtown Salem. The store/operations manager for Carter Fishing Company is Jeremy Carter, grandson to TA Carter, and this location is even more special in light of the family history in the building. We appreciate your consideration and are happy to answer any questions you may have. Sincerely yours, Scott A Boggs Owner, Carter Fishing Company Scott A Boggs 407 E BURWELL ST. SALEM, VA 24153 276-356-1331 AG - Agriculture District BCD - Business Commerce District CBD - Community Business District CUD - College/University District DBD - Downtown Business District HBD - Highway Business District HBD/HM - Highway Business/Heavy Manufacturing District HBD/LM - Highway Business/Light Manufacturing District HM - Heavy Manufacturing District LM - Light Manufacturing District LM/HM - Light Manufacturing/Heavy Manufacturing District MHP - Manufactured Home Park District PUD - Planned Unit District RB - Residential Business District RMF - Residential Multi-Family District RMF/RB - Residential Multi-Family/Residential Business District RSF - Residential Single Family District RSF/HBD - Residential Single/Highway Business District RSF/LM - Residential Single Family/Light Manufacturing RSF/RB - Residential Single Family/Residential Business District RSF/RMF - Residential Single Family/Residential Multi-Family District RSF/TBD - Residential Single Family/Transitional Business District TBD - Transitional Business District EXISTING ZONING FUTURE LAND USE S t r a w b e r r y A l l e y E a s t C a l h o u n S t r e e t M c C a u l e y D r i v e E a s t B u r w e l l S t r e e t R i c h f i e l d A v e n u e Route311 T h o m p s o n M e m o rial D riv e S o u t h C o l l e g e A v e n u e N o r t h C o l l e g e A v e n u e S t r e e t C a l h o u n S o u t h C o l l e g e A v e n u e T o b y A l l e y Salem Bank & T r u s t a n d B r e w e r , P B 1 0 , P G 5 7 College & Main Investments, L L C , P B 1 0 , P G 4 3 R o a n o k e C o l l e g e , P B 1 1 , P G 5 7 M a y , P B 8 , P G 5 0 B o w e r P l a t , D B 2 7 4 , P G 6 8 6 W h i t e s c a r v e r , J r ., P B 7 , P G 5 3 T A C a r t e r , J r . , P B 6 , P G 5 S.I. Co., PB 1, PG 22 1/2 (RC) D i s h a w R o t a n z J o i n t R e al E state,P B 1 3,PG 46 B u r w e l l P o i n t , P B 1 5 , P G 4 8 B u r w e l l P o i n t , P B 1 5 , P G 7 2 9B 1 C A B 321 4 5 6 7 8 2 1211 10 9 8 7 6 5 9A 69 1 1 9 2 A1 A2 A3 A4 A5 A6 A7A-C O M M O N A R E A 6 6 7 2 .5 7 2 .5 3 0 3 0 6 0 4 0 4 0 4 0 60 4 5 1 6 .5 1 6 .5 1 2Roanoke College Cityof Salem College Lutheran Church College College Lutheran Lutheran Church Church "49" R e s . 4 0 1 4 -8 1 R e l o c a t i o n o f A ll e y - M i n u t e B o o k 2 , P g . 2 1 6 Roanoke CountyCourthouse City ofSalem City ofSalem P / O 1 0 7 - 7 - 3 Roanoke CntySheriff's Office 1 6 . 5 ' A l l e y V a c a t e d I n s t r u m e n t # 1 1 - 1 5 5 6 7 8 1 10 5 6 8 12 13 1 3 4 5 3 2 1 4 5 6 7 34 1 1 1 1 1 2 2 3 3 3 4.1 20 1 2 3 2 1 3 4 7 4 5 4 1 .2 2 5 2 3 1 5 4 2 2.42.32.22.1 2.5 2.6 2.74 0 . 3 1 1 3 .8 2 41.34 23.56 1 1 5 .7 2 6 7 .0 0 4 5 .4 0 2 9 .4 9 7 1 .0 5 8 6 .0 0 4 6 .5 0103.2 0 6 6 .0 0 8 5 .0 0 7 5 .0 0 9 2 .5 0 7 3 .3 0 9 0 .0 7 6 6 .0 0 5 9 .5 0 7 2 .5 0 1 0 0 . 0 0 4 6 .5 0 1 0 3 .2 0 3 4 .5 0 1 1 6 .0 0 1 3 2 .0 0 1 3 4 .3 0 1 3 4 .5 0 1 6 6 . 0 0 7 8 . 8 0 7 8 . 8 0 1 06 7 .0 0 6 7 .0 0 7 5 . 2 0 7 0 . 0 0 3 0 . 0 0 1 0 4 . 9 0 4 5 .5 0 1 8 2 . 4 7 1 8 2 . 0 0 4 9 .0 0 6 4 .3 0 6 6 .0 0 6 0 .0 0 2 7 .5 4 1 0 1 3 4 . 9 7 3 8 .5 4 1 0 9 .2 0 6 2 . 8 4 2 6 9 . 3 6 2 5 9 . 2 9 2 7 0 . 0 0 1 3 4 . 0 0 1 3 4 . 0 0 2 0 7 . 7 9 1 3 4 . 0 0 2 7 0 . 0 0 8 6 . 5 4 8 6 . 5 3 1 6 6 . 0 0 2 5 9 . 3 9 3 4 .5 0 3 0 .0 1 1 1 .6 6 1 0 .5 0 1 0 2 6 4 . 0 0 2 6 6 . 0 0 1 1 2 . 2 0 2 6 6 . 0 0 2 6 6 . 0 0 2 6 6 . 0 0 6 3 .0 0 8 2 .0 0 7 2 .0 0 9 2 .5 0 8 2 .1 7 8 9 .9 0 6 1 .5 0 4 0 .3 2 6 1 .5 0 7 2 .2 0 5 7 .0 0 6 3 .0 0 7 5 . 0 0 7 2 .2 0 9 5 . 0 4 9 4 . 7 7 1 3 5 . 0 8 8 8 . 0 0 7 3 .0 0 9 0 . 0 0 7 9 . 0 0 5 0 . 0 0 6 0 . 0 071.4 2 159.97 1 3 4 . 0 0 1 2 4 . 0 0 5 0 . 0 0 7 4 . 0 0 1 4 8 .0 0139.2 5 6 1 .3 0 6 6 .0 0 8 0 .0 0 5 0 .8 3 104.43 2 5 9 .0 0 8 0 .0 0 1 1 5 . 7 0 6 7 .6 5 1 3 9 .2 5 6 1 .3 0 6 6 .0 0 1 1 6 .0 0 6 2 .3 5 2 1 0 . 0 0 2 1 0 . 0 0 2 1 0 . 3 7 2 1 0 . 3 7 1 1 5 . 7 0 2 1 0 . 0 0 2 1 0 . 3 7 9 0 . 0 0 7 9 . 0 0 6 3 .0 0 130.46 1 4 2 . 4 6 8 3 . 0 0 5 2 . 3 1 5 5 . 0 0 5 0 . 0 0 5 0 . 0 0 4 0 . 6 0 2 2 7 . 0 0 5 0 . 7 1 1 3 2 .0 0 1 3 5 .0 0135.2 0 1 6 2 .5 8 1 3 5 .0 0 1 3 4 .9 0 1 3 4 .9 0 5 5 . 0 0 5 0 . 0 0 5 0 . 0 0 9 1 . 2 2 107.30 7 5 . 5 5 45.63 7 0 . 0 0 68.30 2 8 .1 0 50.00 50.00 100.00 6 2 . 5 7 180.74 1 3 7 . 4 5 2 0 9 . 0 5 1 1 .6 8 4 2 .8 7 63.29 6 .5 1 0 .5 53.54 6 3 . 5 2 29.50 1 2 0 .4 8 46.96 5 0 . 0 0 2 6 1 .2 9 3 7 .2 117.18 3 0 .7 0 24.0 2 8 . 1 0 1 1 6 . 1 4 9.34 2 1 1 .1 8 7 8 . 9 2 9 7 . 6 7 75.44 1 6 9 . 0 0 2 6 4 .0 0 2 6 4 .0 0 4 9 .4 3 2 6 .5 034.5 026.5 049.0 0 1 0 8 . 7 3 1 6 9 . 0 0 9 8 . 4 1 9 8 . 5 9 8 8 . 0 2 9 7 . 4 6 1 0 8 . 8 5 1 0 8 . 9 9 1 0 9 . 2 426.7 3 3 4 .5 0 2 6 .5 0 2 2 .0 0 2 6 .7 3 4 9 .4 3 2 3 4 .0 0 7 6 .1 6 8 3 .0 0 9 7 .5 0 2 2 .0 0 2 6 .5 0 4 9 .0 0 1 0 . 0 0 14 1 2 8 9 7 14 7 6 3 0 8 312 2 0 1 2 1 5 2 3 1 1 0 3 2 1 0 3 1 6312 3 0 6300302304 1 6 1 0 - 1 4 3 0 5 4 0 0 4 0 6 4 0 8 4 1 8 5 0 0 -5 0 8 -5 1 0 5 1 6 321 325 331 2 2 8 - 2 3 0 - 2 3 2 2 1 0 4 0 7 5 2 8 2 3 5 1 8 -5 2 0 -5 2 2 -5 2 4 5 2 6 (H o u s e M e t e r ) 5 3 0 5 - 7 - 9 - 1 1 - 1 3 - 1 5 - 1 7 2 1 1 0 4 1 0 3 4 1 3 2 0 5 - 2 0 7 2 0 9 - 2 1 1 6 4 0 7 3 0 5 3 0 1 2 1 1 2 2 1 3 9 6 -4 0 0 315-317 1 4 1 8 4 0 0 3 0 3 -3 0 5 E .B U R W E L L S T . 2 0 1 3 1 4 2 0 3 5 1 5511503507 5 1 9 5 2 3 5 2 7 0.159 Ac. 0.157 Ac. 0.673 Ac. 1.67 Ac. 2.04 Ac. 0.418 Ac. 0.212 Ac. 0.323 Ac. 0.510 Ac. 0.449 Ac.0.565 Ac. 0.111 Ac. 0 100 20050 Feet±1 inch = 100 feet MAY 2021 PLANNING COMMISSION ITEM 4A407 EAST BURWELL ST. CITY OF SALEM Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032 Tax Parcel 120-1-5 Buildings Parcels City Limits Commercial Downtown Economic Development Area Industrial Institutional Mixed Use Public Parks and Recreational Residential Transitional Tax Parcel 120-1-5 Buildings Parcels City Limits 114 North Broad Street, Salem, Virginia 24153 (540) 375-3007 IMPORTANT NOTICE OF PUBLIC HEARINGS PROPOSAL TO CHANGE USE Notice is hereby given that a request of the property owner/petitioner of the property described below has been filed with the City of Salem. The Planning Commission of the City of Salem will consider this request at its meeting listed below and make a recommendation to the City Council. The City Council of the City of Salem will also consider this request and the recommendation of the Planning Commission at its meeting listed below. City Council will make the final decision in this matter. Property Owner/Petitioner: Scott A. Boggs, property owner Location of Property: 407 E Burwell St (Tax Map # 120-1-5) Purpose of Request: For the issuance of a Special Exception Permit to allow retail sales on the property located at 407 E Burwell St (Tax Map # 120-1-5). The date, time, and place of the public hearing scheduled by the Planning Commission on this request are as follows: WEDNESDAY, MAY 12, 2021 – 7 P.M. SALEM CIVIC CENTER, COMMUNITY ROOM 1001 ROANOKE BOULEVARD, SALEM, VIRGINIA The date, time, and place of the public hearing scheduled by City Cou ncil on this request are as follows: MONDAY, MAY 24, 2021 – 6:30 P.M. SALEM CIVIC CENTER, COMMUNITY ROOM 1001 ROANOKE BOULEVARD, SALEM, VIRGINIA Additional information on this request may be obtained in the Community Development Department, 21 South Bruffey Street, Salem, Virginia or at (540) 375-3032. James E. Taliaferro, II Executive Secretary Planning Commission CITY OF SALEM ITEM #4B PLANNING COMMISSION STAFF REPORT Prepared by: Meeting Date: May 12, 2021 City Administrative Staff Report prepared: May 3, 2021 RE: Hold public hearing to consider amending Chapter 106, Zoning, Article III Use & Design Standards, Section 106-308 pertaining to office uses, and Article VI, Definitions and Use Types, Section 106-602, Use Types, Section 106-602.5 Civic Use Types and 106-602.7 Office Use Types, pertaining to guidance services, medical offices/clinic, and outpatient mental health and substance abuse clinics, of the CODE OF THE CITY OF SALEM, VIRGINIA. BACKGROUND INFORMATION: As a result of the public input during community meetings regarding the downtown plan, offices were removed as a use from the ground floor in certain areas of the downtown business district. These areas include properties fronting on Main Street, between Thompson Memorial Drive to Academy Street, College Avenue, between Clay Street and Thompson Memorial Drive, and North Market Street. It has become apparent that a few properties at the west end of Main Street do not have the downtown character. They do not have storefront facades and the buildings do not abut the sidewalk. For that reason, a proposed text amendment to eliminate this area from the restriction is proposed. In September 2010 in response to methadone clinics and various other drug therapy facilities, the specific use of outpatient mental health and substance abuse clinic was created in the zoning ordinance. As the differing types of therapy have evolved over the last several years it has become apparent that this definition no longer fits. In order to help meet the needs of the valley’s community, it is proposed that clinics that do not dispense or administer medication as part of counseling and therapy be considered a guidance service. Clinics that do dispense and administer medication shall remain classified as an outpatient mental health and substance abuse clinic. SUMMARY OF PROPOSED CHANGES: Sec. 106-308(1)(A) – Office Uses: Main Street between Thompson Memorial Drive and Academy Street Cherry Alley on the south side of Main and the west side of Tax Map # 105-5-4 on the north side of Main. Sec. 106-602.5. - Civic use types: Guidance services. To include counseling and therapy that does not dispense or administer medication. Sec. 106-602.7. - Office use types: Medical office/clinic. Redefine to include healthcare of the body only. Healthcare of the mind will be considered a guidance service. Outpatient mental health and substance abuse clinic. Removed the examples that may be confusing to these amended definitions. Sec. 106-308. - Office uses. Standards in the DBD District for office use types: 1. Office use types shall be permitted only on floors above the ground floor and in the same structure as a commercial use type for parcels fronting: (a) Main Street between Thompson Memorial Drive and Academy Street Cherry Alley on the south side of Main and the west side of Tax Map # 105-5-4 on the north side of Main; (b) College Avenue between Clay Street and Thompson Memorial Drive; and (c) North Market Street. 2. Commercial use types must occupy at least the first floor of the structure, and should be configured to be pedestrian friendly. Sec. 106-602.5. - Civic use types. [The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Guidance services. A use providing counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance or therapy for only part of a 24 hour day. This use type shall not include facilities operated for the treatment of drug addiction and substance abuse. that dispense and/or administer controlled substances and/or pharmaceutical products operated for the treatment of drug addiction and substance abuse and/or mental health disorders. Non-medicinal counseling-based treatment of drug addiction and substance abuse and/or mental health disorders may be considered guidance services after review by the administrator. Facilities that do dispense and/or administer controlled substances and/or pharmaceutical products for the treatment of drug addiction and substance abuse and/or mental health disorders shall be considered an Outpatient mental health and substance abuse clinic. Sec. 106-602.7. - Office use types. [The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Medical office/clinic. A facility used for human health care of the body, such as medical, dental, therapeutic, chiropractic or similar consultation, diagnosis, and treatment by one or more practitioners licensed by the Commonwealth of Virginia. Medical offices/clinics provide outpatient care on a routine basis, and may offer minor surgical care, but do not provide overnight care or serve as a base for an ambulance service. Outpatient mental health and substance abuse clinic. An establishment which provides outpatient services primarily related to the diagnosis and treatment of mental health disorders, alcohol, or other drug or substance abuse disorders. Services may include the dispensing and administering of controlled substances and pharmaceutical products by professional medical practitioners licensed by the Commonwealth of Virginia. Examples may include but are not limited to outpatient alcohol treatment centers, outpatient detoxification centers, outpatient drug and substance abuse centers, and outpatient mental health centers. CITY OF SALEM ITEM 4C PLANNING COMMISSION STAFF REPORT Prepared by: Meeting Date: City Administrative Staff May 12, 2021 Report prepared: May 5, 2021 RE: Consider petition from MCLIP Properties, LLC, for inclusion in the Salem Historic Registry of the property located at 901 South Colorado Street and 110 7th Street (Tax Map # 184-4-8). SITE CHARACTERISTICS: Zoning: LM Light Manufacturing Land Use Plan Designation: Mixed Use BACKGROUND INFORMATION: The subject property consists of a single parcel of approximately 0.2 acres. It is located at the west side of South Colorado Street, on the southwest corner of the intersection with 7th Street. This request is to add the property to the Salem Historic Registry, which will recognize and help to preserve a surviving example of early 1900’s commercial architecture in this area. 901 S. COLORADO & 110-112 7TH STREET, SALEM, VA 901 S. Colorado was constructed between the years 1913 and 1922 according to the enclosed Sanborn Maps located in the Salem Library. The Colorado side building is approximately 2,400± square feet and was originally constructed for a business on the first floor and residential on the second floor. The secondary building fronting on 7th Street and known as 110-112 7th Street was constructed prior to 1932 according to the April 1932 Sanborn Map and is two-story containing approximately 1,650± square feet with commercial on the first floor and residential on the second floor. It is believed the Colorado building was originally a grocery store. David McClung, 92, recalls the Colorado building being a grocery store with the owners of the store living upstairs. Mr. McClung grew up in Salem and owned the former McClung Mill Work, in business since 1913 and located down the street from the subject property off of 7th Street. A Salem directory dated 1956 and located in the Salem Museum shows 901 S. Colorado as “Salem Mercantile Grocery”. The Thornhill family owned the property from approximately 1970 - 2020. Eddie Thornhill recalls an auto parts store in the Colorado building named Bud’s Auto. When Bud’s Auto vacated the property, an accountant, Mr. Gravelly leased the building. In 1983 Mr. Gravelly shared the first floor commercial space with Hickson Lock and when he passed away, Hickson Lock became the sole tenant of the first floor. The second floor was always rented as an apartment throughout the different businesses on the first floor. The enclosed pictures detailing the architectural features also support classifying the property as historical. - The building has a classic turn of the century store front with recessed entry, recessed panels below plate glass fixed pane double commercial windows with ornamental wood posts separating each window section (Photos 1, 2, 3 & 4). - Wood corbels support the second floor front overhang and five ornamental original wood outlookers support the canopy on the front wall. - The original three inch lapboard siding is located under an aluminum siding addition and can be restored (Photo 5). - Standing seam metal roof is located on the rear portion of the building (Photo 6). - The interior on the first floor has molded metal ceilings and molded metal walls in the rear of the first floor. The first floor ceiling height is 11' 6". The flooring is tongue and groove pine (Photo 7, 8, 10, 11) - The basement has period detailed wood columns as vertical support (Photo 12). - The second floor has original wooden double hung (2 over 2) windows with lead counterweights. (Photo 13). - The ceilings and walls are plaster over lathe (Photo 14). - Interior doors are original four pane wood doors with raised panels and porcelain knobs (Photo 15). - Doors and windows have fluted wood trim with bulls-eye corner molding (Photo 16). - The second floor bath has the original claw foot tub (Photo 37).