HomeMy WebLinkAbout8/16/2017 - Planning Commission - Agenda -RegularPlanni ng Commission Meeti ng
AGENDA
Wednesday, August 16, 2017, 7:00 PM
Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153
1.Call to Order
2.Consent Agenda
A.Minutes of the 7/12 Work Session
Consider approval of the minutes from the J uly 12, 2017, work session.
B.Minutes of 7/12 Regular Meeting
Consider approval of the minutes from the J uly 12, 2017, regular meeting.
3.New Business
A.Special Exception P ermit
Hold public hearing to consider the request of Mark W. Claytor, property owner, for the issuance
of a Special Exception Permit to allow a Single Family Dwelling, Detached on the property
located at 1403 S. Colorado Street, (Tax Map # 234-1-3).
4.Adjournment
UNAPPROVED MINUTES
PLANNING COMMISSION WORK SESSION
July 12, 2017
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, at 6:00 p.m., on
July 12, 2017, there being present the following members of said Commission, to wit: Vicki
G. Daulton, Denise P. King, Reid A. Garst II, and N. Jackson Beamer (Samuel R. Carter, III –
absent); together with James E. Taliaferro, II, Assistant City Manager and Executive
Secretary, ex officio member of said Commission; Charles E Van Allman, Jr., City Engineer;
Benjamin W. Tripp, City Planner; and William C. Maxwell, Assistant City Attorney; and the
following business was transacted:
The Executive Secretary reported that this date, place, and time had been set in
order for the Commission to hold a work session; and
In re: Hold public hearing to consider the request of Lance B. & Debra M. Duncan,
Tarpley Graham, LLC, Justin I. & Andrea N. Boles, Darrell R. & Kirsten K.
Printz, Kendall S. & Renae A. Keffer, BGGT, LLC, Daniel I. & Helene M.
Shain, David B. & Carolyn F. Bullington, Bradley M. & Elizabeth T. Graham,
property owners, for rezoning 13 parcels located at 693, 700, 701, 705,
709, 713, 717, 721, 725, 729 and 733 Ambler Lane (Tax Map #s 271-1-1.1,
271-1-1.2, 271-1-1.3, 271-1-1.4, 271-1-1.5, 271-1-1.6, 271-1-2.1, 271-1-
2.2, 271-1-2.3, 271-1-2.4, 271-1-2.5, 271-1-3, 271-1-1, and 290-1-1) from
PUD Planned Unit District with conditions to PUD Planned Unit District
with amended conditions (Continued from the June 14, 2017, meeting)
WHEREAS, staff noted the following: the subject property consists of thirteen
parcels of land in the Heritage Downs Planned Unit Development located along Ambler
Lane, a private road, west of the intersection with Franklin Street. The owner is requesting
to increase the maximum number of residential lots from 19 to 20. As a result, the amount
of open space will decrease from 13.54 acres to 12.72 acres (0.82 acres) in order to
accommodate the additional lot while keeping all lots at a 0.75 acre size. However, 0.60
acres of the 0.82 decrease in open space is covered by a “grazing easement” effectively
requiring that area to remain undeveloped. This area is 0.22 acres. The new 12.72 acres of
open space is still above the 12 acres required as a condition on the Master Plan. The
owner has also voluntarily proffered to dedicate additional right-of-way for Franklin Street
for road widening or the construction of a future walking path or greenway; and
WHEREAS, Ben Tripp discussed the rezoning request and presented the revised
plan for the development; and
2
WHEREAS, a full and lengthy discussion was held regarding the request of Lance B.
& Debra M. Duncan, Tarpley Graham, LLC, Justin I. & Andrea N. Boles, Darrell R. & Kirsten K.
Printz, Kendall S. & Renae A. Keffer, BGGT, LLC, Daniel I. & Helene M. Shain, David B. &
Carolyn F. Bullington, Bradley M. & Elizabeth T. Graham, property owners, for rezoning 13
parcels located at 693, 700, 701, 705, 709, 713, 717, 721, 725, 729 and 733 Ambler Lane
(Tax Map #s 271-1-1.1, 271-1-1.2, 271-1-1.3, 271-1-1.4, 271-1-1.5, 271-1-1.6, 271-1-2.1,
271-1-2.2, 271-1-2.3, 271-1-2.4, 271-1-2.5, 271-1-3, 271-1-1, and 290-1-1) from PUD
Planned Unit District with conditions to PUD Planned Unit District with amended
conditions (continued from the June 14, 2017, meeting).
In re: Hold public hearing to consider the request of ARD Properties LLC,
property owner, for rezoning the property located at 905 Indiana Street,
(Tax Map # 186-9-6) from HBD Highway Business District to RSF
Residential Single Family District.
WHEREAS, staff noted the following: the subject property consists of one parcel on
the west side of Indiana Street, near the southwest corner of the intersection with 7th
Street, north of the former Valleydale manufacturing plant. The property is approximately
0.26 acres and is occupied by a single family residence. The owner wishes to rezone the
property to RSF Residential Single Family in order to make it eligible for a Spec ial
Exception Permit for a two family dwelling. The existing house was used as three
residences (a triplex) at some point in the past. However, this use was discontinued for a
period of more than two years and has thus lost any grandfathered status. This a pplication
is item 4B; and
WHEREAS, Ben Tripp discussed the rezoning request, and it was noted there were
no issues; and
WHEREAS, a full and lengthy discussion was held regarding the request of ARD
Properties LLC, property owner, for rezoning the property located at 905 Indiana Street,
(Tax Map # 186-9-6) from HBD Highway Business District to RSF Residential Single Family
District.
In re: Hold public hearing to consider the request of ARD Properties LLC,
property owner, for the issuance of a Special Exception Permit to allow a
two family dwelling on the property located at 905 Indiana Street (Tax
Map #186-9-6).
WHEREAS, staff noted the following: the subject property consists of one parcel on
3
the west side of Indiana Street, near the southwest corner of the intersection with 7th
Street, north of the former Valleydale manufacturing plant. The property is approximately
0.26 acres, and is occupied by a single family residence. This request is associated with
Item 4A. The owner is requesting a Special E xception Permit to allow the existing house to
be converted to a two family dwelling; and
WHEREAS, Ben Tripp discussed the Special Exception Permit request; and
WHEREAS, a full and lengthy discussion was held regarding the request of ARD
Properties LLC, property owner, for the issuance of a Special Exception Permit to allow a
two family dwelling on the property located at 905 Indiana Street (Tax Map #186-9-6).
In re: Hold public hearing to consider the request of Strauss Properties LLC and
The Branch Family LLC, property owners, and Ober Brewing LLC, lessee,
for the issuance of a Special Exception Permit to allow a microbrewery on
the property located at 1443 Lakeside Circle, Tax Map # 51-3-4.
WHEREAS, staff noted the following: the subject property consists of a single parcel
located at the northeast corner of the intersection of Branch Drive and Lakeside Circle, near
the intersection of Branch Drive and Kesler Mill Road. The property is approximately 2.25
acres, and is occupied by a Multi-Tenant Manufacturing Building. This request is to allow a
microbrewery in the multi-tenant building. The applicant states that this location will allow
for a tasting room and future expansion, including potential growth into a “distributing”
brewery which is an allowed used in LM. ISSUES: This property is located partially within
the 100 and 500 year floodplains; and
WHEREAS, Ben Tripp discussed the Special Exception Permit request, and it was
noted there were no issues; and
WHEREAS, a full and lengthy discussion was held regarding the request of Strauss
Properties LLC and The Branch Family LLC, property owners, and Ober Brewing LLC,
lessee, for the issuance of a Special Exception Permit to allow a microbrewery on the
property located at 1443 Lakeside Circle, Tax Map # 51-3-4.
4
In re: Hold public hearing to consider amending Chapter 106 Zoning, Article II
District Regulations, Section 106-210(B)(5) Downtown business district,
Commercial Use Types, Article III Use and Design Standards, Section 106-
310.23 Commercial uses, pertaining to Dance Halls; Article II District
Regulations, Section 106-212(A)(5) Transitional business district,
Commercial Use Types, pertaining to Microbreweries and
Microdistilleries; Sections 106-214(A)(5) and 106-214.2(B)(5) Highway
business district, Commercial Use Types, 106-218.2(A)(5) and 106-
218.2(B)(5), Light manufacturing district, Commercial Use Types, 106-
220.2(A)(5) and 106-220.2(B)(5), Heavy manufacturing district,
Commercial Use Types, pertaining to Personal Storage; Section 106-
214.2(B)(5) and Article IV, Definitions and Use Types, Section 106-602.9,
Commercial use types pertaining to Massage Parlors; Article IV,
Development Standards, Section 106-402.1(B) Buffer yards, screening
and landscaping, general requirements and Section 106-402.29
pertaining to the approved planting list.
WHEREAS, staff noted the following: staff continually reviews the zoning ordinance
for its current applicability. Topics of discussion arise due to factors including state code
changes, industry changes, and evolution of use types that result in obsolete classifications
and definitions. Some of the proposed changes address these topics. In addition, as we
progress with the Downtown Plan and the redevelopment of the downtown area,
adjustments are necessary to encourage the type of development the community has
requested. Also included are minor housekeeping changes. The summary of proposed
changes are as follows:
ARTICLE II DISTRICT REGULATIONS
SECTION 106-210 Downtown Business District: Sec. 106-210.2. - Permitted uses. (B)(5)
Commercial Use Types, Dance Hall*
SECTION 106-212 Transitional Business District: Sec. 106-212.1. – Statement of intent and
106-212.2. – Permitted uses. (A)(5) Commercial Use Types, Microbrewery* and
Microdistillery*
SECTION 106-214 Highway Business District: Sec. 106-214.2. - Permitted uses. (A)(5)
Commercial Use Types, Personal Storage* and (B)(5) Commercial Use Types, Massage
Parlor, and Personal Storage*
SECTION 106-218 Light Manufacturing District: Sec. 106-218.2. - Permitted uses. (A)(5)
and (B)(5) Commercial Use Types, Personal Storage*
SECTION 106-220 Heavy Manufacturing District: Sec. 106-214.2. - Permitted uses. (A)(5)
and (B)(5) Commercial Use Types, Personal Storage*
ARTICLE III. - USE AND DESIGN STANDARDS
SECTION 106-310 Commercial Uses: Sec. 106-310.23. – Dance Hall.
5
ARTICLE IV DEVELOPMENT STANDARDS
SECTION 106-402 Buffer Yards, Screening and Landscaping: Sec. 106-402.1 – General
Requirements. (B) Approved Planting List, Sec. 106-402.29. – Approved Planting List
ARTICLE VI DEFINITIONS AND USE TYPES
SECTION 106-602 Use Types: Sec. 106-602.9. - Commercial use types. Massage Parlor.
WHEREAS, Ben Tripp discussed the proposed zoning ordinance amendments; and
WHEREAS, a full and lengthy discussion was held regarding amending Chapter 106
Zoning, Article II District Regulations, Section 106-210(B)(5) Downtown business district,
Commercial Use Types, Article III Use and Design Standards, Section 106-310.23
Commercial uses, pertaining to Dance Halls; Article II District Regulations, Section 106-
212(A)(5) Transitional business district, Commercial Use Types, pertaining to
Microbreweries and Microdistilleries; Sections 106-214(A)(5) and 106-214.2(B)(5)
Highway business district, Commercial Use Types, 106-218.2(A)(5) and 106-218.2(B)(5),
Light manufacturing district, Commercial Use Types, 106-220.2(A)(5) and 106-
220.2(B)(5), Heavy manufacturing district, Commercial Use Types, pertaining to Personal
Storage; Section 106-214.2(B)(5) and Article IV, Definitions and Use Types , Section 106-
602.9, Commercial use types pertaining to Massage Parlors; Article IV, Development
Standards, Section 106-402.1(B) Buffer yards, screening and landscaping, general
requirements and Section 106-402.29 pertaining to the approved planting list.
THEREUPON, no action was taken by the Commission at this work session.
There being no further business to come before the Commission, the work session
was adjourned at 6:58 p.m.
_____________________________
Executive Secretary
________________________
Chair
CITY OF SALEM ITEM 3A
PLANNING COMMISSION
STAFF REPORT
Prepared by: Meeting Date:
City Administrative Staff August 16, 2017
Report prepared:
August 9, 2017
RE: Hold public hearing to consider the request of Mark W. Claytor, property owner, for the issuance of
a Special Exception Permit to allow a Single Family Dwelling, Detached on the property located
at 1403 S. Colorado Street, (Tax Map # 234-1-3).
SITE CHARACTERISTICS:
Zoning: CBD Community Business District
Future Land Use Plan Designation: Commercial
Proposed Zoning: CBD Community Business District
Existing Use: Single Family Dwelling
Proposed Use: Single Family Dwelling
BACKGROUND INFORMATION:
The subject property consists of a single parcel located at the southwest corner of the intersection
of South Colorado Street and West Riverside Drive. The property is approximately 0.227 acres, and
is occupied by single family dwelling.
This request is for a Special Exception Permit to allow the property to be used as a single family
dwelling. The applicant purchased the property to use as a law office but has now retired and would
like to continue to live in the structure.
ISSUES:
None.
PETITION FOR $PECIAL EXCEPTIOI{ PERfrIIT
Ci,ty *f Satexr frep*rtwemt af Ftr,xreing and D**l*pnrext
Meiinda J. Fayne, Erecf*r
Email : mpayne@salernva. qgv
Judy *oughi, Plan*er
Ernail: ihough&+Slemyfl .sgg
Telephone: 54&375*3007
Ben Tripp, Plrnner
Email: btrisn&salemva"gqv
Legal Ow*er{s} *f prop*rty whcrein special $xc*ption is ta be c*rducted:
2" Locatisn of Pr*prty:A$dre,ss: ttlo"3 s. Calavado St.. Salenn. r,/4 ztt53-- -
*tficialTax Map lt*mber: 294- I - V -
3, Characioris{ics s,f Pmpert5r:
$ize {Acr*age}:
Deed Restriotians:
Land lJse Ptan Designation:
4. Proposed use of property:
Fres**t U*u,
Prese*t Zoning Clas*ifieatien: LBD
[a,r a#i c,e-'.
Agent{s} or reprcsentativc{s} ofn
Maili*g Ad*r'ese:
Telephone ldumber:
S, Affidavit:
A" The undersigned pem*n{*} eertifies thet thls petiti*n and the furegning answ*trs, ststements, and other
lnformsticn herew*h submtited ere in ell respects true and coriest ta the best of their knor*ledge and beliel
Also, the petitie**r understands that e of Zoning Request' sig* will be pos$d on lhe prop€rty hy the
City,
Sig*ed:
l*terest in
Mailing Addreso:$Ztne- a5 zbovb:
Teleph**e *r**rr,
Office tJsa Only:
il $ec. 1*S-5?'4(B)il $ec. 10S-$34(C) "Use N,ot Provided F*r''
^ryIARK \[" C["AY]IOR, P"C"
P.O
ATTORNEY AND COUNSELOR AT LAW
BOX IO75, I4O3 5, COLORADO STREET, SALEM, VIRGINIA 24153
54C/3A7-1664
FAX: 540/ts87-37OA
E-MAI L: C LAYTOR LAW@AOL.COM
WWW.CLAYTORLAWFI RM'COM
August 8,2017
The Honorable James E. Taliaferro,
Executive Secretary
Planning Commission of the City of Salem
1 14 N. Broad Street
Salem, YA24153
Re: 1403 S" Colorado Street
Special Exception Applicariorl
Dear Mr Taliafcrro;
My wife, Em, and I are the bwners of the lot and structure located at the abcve address in
the City of Salem; I have been its owner since late 1999. By my records, the structure was built
the eariy 1900's with a bathroom installed and detached garage added some time thereafter but
well before I came into possession. To the besr of my knowiedge, it had been a residence sihce its
construction.
With an eye toward making it a law office, I remodeled the aging house, updating the
wiring, adding central heat and air conditioning and making some cosmetic improvements. I did
nothing to change the residential character of the structure, and it basically remains the same as it
was" I have been using the building as my law office and refuge since November 1999.
I reached age 65 this year, and have downsized my law practice in anticipation of
retirement and simplified my life. My residence in Meadow Run in Salem was just too large and
expensive, and hence my request to you and the Planning Commission.
1403 S. Colorado Street is presently zoned as a CBD or Community Business District. I
would like for 1403 S. Colorado Street to be my permanent residence and to continue my limited
part-time practice of law there as well. I am advised that it is necessary that I seek and be granted
a "special exception" in accordance with Section L06-213.2(B) of the Salem City Code. '
I suggest to the Planning Commission that the granting of the special exception is
permitted and consistent with the Statement of Intent for CBD as set out in Section 106-213.1.
My wife and I have made considerable efforts and have taken great pride in making our place on
Colorado Street an addition to the beauty of the river and the nearby greenway.
I appreciate the Planning Commission's kind attention to this matter of considerable
. ==.+.-++.-:
ttully
NOTES:
1. THIS PLAT WAS PREPARED \{ITH0UT BENEFTT OF A TIILE REPORT AND
IS SUBJECT THERETO. THEREFORE, THERE MAY EXIST ENCUMANANJCES
IA/I-IICH AFFECT THE PROPERW NOT SHOW\ HERSON.
2. THIS PLAT WAS PREFARED IN ACCORDANCE }VIT]-.I REQUIREMENIS
SET FORIH BY THE COMMONWEALTH OF VIRGfNIA FOR PHYSICAL
IMPROVEMENT SURVEYS.5 SEE LETTER OF MAP REVISTON FLOOWAY
DETERMINATION DOCUMET'IT (REMOVAL)
DATED MAY 28. 1S99.
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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
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-
1
1
9
11
7
11
1
11
2
10
9
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2 1516
1511
116124
11
5
10
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10
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11
3
10
1
1
0
3
10
7
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8
1
1515
0.149 Ac.
0.075 Ac.
0.261 Ac.
0.149 Ac.
0.149 Ac.
0 100 20050
Feet±1 inch = 100 feet ITEM # AAUGUST 2017 PLANNING COMMISSION1403 South Colorado Street
CITY OF SALEM
Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032
Tax Parcel 234-1-3 Buildings Parcels City Limits
Commercial
Downtown
Economic Development Area
Industrial
Institutional
Mixed Use
Public Parks and Recreational
Residential
Transitional
Tax Parcel 234-1-3 Buildings Parcels City Limits
AFFADAVIT OF MAILING PURSUANT TO 515.2-2204
CODE OF VIRGINIA
PLANNING COMMISSION
AUGUST 4,2017
ITEM # 3A
This is to certify that I mailed letters in reference to the Special Exception Permit request of
Mark W. Claytor, property owner, for the issuance of a Special Exception Permit to allow a
Single Family Dwelling, Detached on the property located at 1403 S. Colorado Street (Tax
Map# 234-1-3) to the following property owners and adjacent property owners on August 4,
2017, in the 2:00 p.m. mail:
]ITY OF SALEMr o Box 869
SALEM VA 24153
Signed
City of Salem
UNITED STEEL WORKERS
OF AMERICA
116 W RIVERSIDE DR
SALEM VA24153
DAVID M JONES
4422 LAURELWOOD DR
ROANOKE VA24O18
Date pllt Lnrt,t
acknowledged before me this {day of ,201'l ,by
Commonwealth of Virginia
t was
SALE ue
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 Councilwill make the final decision in this matter.
Property Owner/Petitioner:
Mark W. Claytor, Property Owner
Location of Property:
1403 S. Colorado Street (Tax Map #234-1-3)
Purpose of Request:
For the issuance of a Special Exception Permit to allow a Single Family Dwelling,
Detached on the property located at 1403 S. Colorado Street, (Tax Map# 234-1-3).
The date, time, and place of the public hearing scheduled by the Planning Commission
on this request are as follows:
WeoHesoAY, AUGUSI 16,2017 -7 P.n.
Couttcu- CHnMeens, FIRSI Ftoon, Seuru Gtrv Hnu
114 Nonrn BRoao Stneer, SltEM, VtRotnn
The date, time, and place of the public hearing scheduled by City Council on this
request are as follows:
MoruoaY, Aucusr 28,2017 - 7:30 P.lrlt.
Cour,rcu- GHanaeeRs, FlRst FtooR, Sru-eru Clrv Hau-
114 NonrH BRoAD StReet, Sateu, Vtnclrun
Additional information on this request may be obtained in the Community Development
Department,2l South Bruffey Street, Salem, Virginia or at (540) 375-3032.
James E. Taliaferro, ll
Executive Secretary
Planning Commission
I 14 North Broad Street, Salem, Virginia 24153 (540) 375-3007