HomeMy WebLinkAbout7/12/2017 - Planning Commission - Agenda -RegularPlanni ng Commission Meeti ng
AGENDA
Wednesday, July 12, 2017, 7:00 P M
Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153
1.Call to Order
2.Consent Agenda
A.Minutes of Work Session
Consider approval of the minutes from the J une 14, 2017, work session.
B.Minutes of Regular Meeting
Consider approval of the minutes from the J une 14, 2017, regular meeting.
3.Old Business
A.Amendment to the Zoning Ordinance
Hold public hearing to consider the request of Lance B. & Debra M. Duncan, Tarpley Graham,
LLC, J ustin I. & Andrea N. Boles, Darrell R. & Kirsten K. Printz, Kendall S. & Renae A. Keffer,
BG G T, LLC , Daniel I. & Helene M. Shain, David B. & C arolyn 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 P UD Planned Unit District
with amended conditions. (Continued from June 14, 2017, meeting)
4.New Business
A.Amendment to the Zoning Ordinance
Hold public hearing to consider the request of A RD Properties LLC , property owner, for rezoning
the property located at 905 Indiana Street, (Tax Map # 186-9-6) from HBD Highway Business
District to RS F Residential Single Family District.
B.Special Exception P ermit
Hold public hearing to consider the request of A RD 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).
C.Special Exception P ermit
Hold public hearing to consider the request of Strauss Properties LLC and T he 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.
D.Amendment to the City Code
Hold public hearing to consider amending Chapter 106, Article II District Regulations, Section
106-210(B)(5) Downtown business district, C ommercial 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, C ommercial Use Types,
pertaining to Microbreweries and Microdistilleries; Sections 106-214(A)(5) and 106-214.2(B)(5)
Highway business district, C ommercial 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, C ommercial 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.
5.Adjournment
Work Session, Wednesday, July 12, 2017, 6:00 p.m., C ouncil C hambers C onference R oom
UNAPPROVED MINUTES
PLANNING COMMISSION WORK SESSION
June 14, 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
June 14, 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; William L. Simpson, Jr., City Engineer;
Benjamin W. Tripp, City Planner; Mary Ellen Wines, Zoning Administrator; 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 amending Chapter 106 Zoning, Article II
District Regulations, Section 106-218(B)(5) Light Manufacturing District,
Commercial Uses and Section 106-220(B)(5) Heavy Manufacturing
District, Commercial Uses, and Article III Use and Design
Standards, Section 106-310.19 Commercial Uses, pertaining to
microbreweries.
WHEREAS, staff noted the following: the zoning ordinance distinguishes between
“Brewery” and “Microbrewery” by where the beer that is produced is primarily consumed,
with the difference being that beer from a brewery is primarily for distribution, whereas
with a microbrewery it is mostly sold or consumed onsite. As the craft beer industry has
grown the city has received interest from several companies who would like to operate
such an establishment in an industrial area, but who would be classified under city code as
microbreweries. This item will add the Microbrewery use to the Light Manufacturing and
Heavy Manufacturing zoning districts by Special Exception Permit in order to allow these
requests to be considered in the future; and
WHEREAS, Ben Tripp discussed the proposed zoning ordinance amendments;
WHEREAS, a full and lengthy discussion was held regarding amending Chapter 106
Zoning, Article II District Regulations, Section 106-218(B)(5) Light Manufacturing District,
Commercial Uses and Section 106-220(B)(5) Heavy Manufacturing District, Commercial
Uses, and Article III Use and Design Standards, Section 106-310.19 Commercial Uses,
pertaining to microbreweries.
2
In re: Hold public hearing to consider the request of Joseph M. Sullivan, property
owner, for rezoning the property located at 124 Fort Lewis Boulevard
(Tax Map #s 137-5-7 and 137-5-6) HBD Highway Business District to RSF
Residential Single Family
WHEREAS, staff noted the following: the subject property consists of two parcels on
the west side of Fort Lewis Boulevard, north of the intersection with West Main Street. The
southernmost property, 124 Fort Lewis Boulevard (137-5- 7) is approximately 0.4 acres,
and is occupied by a single family residence and an associated garage. The other property
(137-5-6) is approximately 0.5 acres and is currently vacant. The owner wishes to rezone
the property to RSF Residential Single Family in order to make the residential use
conforming, and to allow for the construction of a 1,200 square foot garage behind the
existing garage on 137-5-7. In addition, accessory structures larger than 1,000 square feet
require a Special Exception Permit. Item C is the request for the issuance of this permit;
and
WHEREAS, Ben Tripp discussed the rezoning request, and it was noted that several
neighbors had contacted the office regarding this request, but there were no issues; and
WHEREAS, a full and lengthy discussion was held regarding the request of Joseph M.
Sullivan, property owner, for rezoning the property located at 124 Fort Lewis Boulevard
(Tax Map #s 137-5-7 & 137-5-6).
In re: Hold public hearing to consider the request of the request of Joseph M.
Sullivan, property owner, for the issuance of a Special Exception Permit
to allow a 1,200 square foot accessory building on the property located at
124 Fort Lewis Boulevard (Tax Map # 137-5-7)
WHEREAS, staff noted the following: the subject property consists of a single parcel
located on the west side of Fort Lewis Boulevard, north of the intersection with West Main
Street. It is approximately 0.4 acres, and is occupied by a single family residence and an
associated garage. The owner wishes to construct a 1,200 square foot garage behind the
existing garage. Accessory structures larger than 1,000 square feet require a Special
Exception Permit; and
WHEREAS, Ben Tripp discussed the Special Exception Permit request; and
WHEREAS, a full and lengthy discussion was held regarding the request of Joseph
M. Sullivan, property owner, for the issuance of a Special Exception Permit to allow a 1,200
square foot accessory building on the property located at 124 Fort Lewis Boulevard (Tax
Map # 137-5-7).
3
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
WHEREAS, staff noted the following: the subject property consists of 13 parcels 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, and to decrease the minimum lot size
to 0.55 acres in order to better fit the houses on the lots. 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. This PUD is governed by a master plan
and various conditions. All of those conditions will remain in place, with the only ones
being modified by this request being the maximum number of lots and the minimum lot
size. Any development will have to be in substantial conformance with the approved
master plan; and
WHEREAS, Ben Tripp discussed the rezoning request, and it was noted that several
neighbors had contacted the office regarding this request, but there were no issues; and
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.
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.
4
_____________________________
Executive Secretary
________________________
Chair
Planni ng Commission Meeting
M INUTES
Wednesday, June 14, 2017, 7:00 P M
Council Chambers, C ity Hall, 114 North B road Street, Salem, Virginia 24153
1.C all to Order
A regular meeting of the Planning C ommission of the C ity of Salem, Virginia, was
held in C ouncil C hambers, C ity Hall, 114 N. Broad Street, at 7:00 P M, there being
present the following members to wit: Vicki G. Daulton, D enise P. King, Reid A.
G arst II, N. J ackson Beamer, and Samuel R. C arter (absent); with Vicki G.
D aulton, C hair, presiding; together with J ames E. Taliaferro, Assistant C ity
Manager and Executive Secretary, William L. Simpson, C ity Engineer; Benjamin
W. Tripp, C ity Planner; Mary Ellen Wines, Zoning Administrator; and William C .
Maxwell, Assistant C ity Attorney.
2.C onsent Agenda
A.Minutes of Work Session
C onsider approval of the minutes from the May 10, 2017, work session.
J ackson Beamer motioned to approve the minutes of the May 10, 2017, work
session. Reid Garst seconded the motion.
Ayes: Beamer, Daulton, Garst, King
A bsent: C arter
B.Minutes of Regular Meeting
C onsider approval of the minutes from the May 10, 2017, regular meeting.
C ommissioner King noted that she had two corrections to the regular meeting
minutes. First, the Commission had appointed an Executive Secretary Pro Tem,
Ben Tripp, which was not included and on the Special Exception Permit request of
Laura and Robert Owen and Mount Regis Center, lessee, she made the motion and
it was seconded by J ackson Beamer. T he second was not recorded in the
minutes. Denise King motioned to approve the regular meeting minutes of May 10,
2017, as amended. Reid Garst seconded the motion.
Ayes: Beamer, Daulton, Garst, King
A bsent: C arter
Page 1 of 6
3.New Business
A.Amendment to the City Code
Hold public hearing to consider amending C hapter 106 Zoning, Article II District
Regulations, Section 106-218(B)(5) Light Manufacturing District, C ommercial
Uses and Section 106-220(B)(5) Heavy Manufacturing D istrict, Commercial Uses,
and A rticle III Use and Design Standards, Section 106-310.19 C ommercial Uses,
pertaining to microbreweries.
T he Executive Secretary reported that notice of such hearing had been published in
the J une 1 and 8, 2017, issues of the Salem Times Register.
Staff noted the following regarding the request: the zoning ordinance distinguishes
between “Brewery” and “Microbrewery” by where the beer that is produced is
primarily consumed, with the difference being that beer from a brewery is primarily
for distribution, whereas with a microbrewery it is mostly sold or consumed onsite.
A s the craft beer industry has grown the city has received interest from several
companies who would like to operate such an establishment in an industrial area,
but who would be classified under city code as microbreweries. T his item will add
the Microbrewery use to the Light Manufacturing and Heavy Manufacturing zoning
districts by Special Exception Permit in order to allow these requests to be
considered in the future.
Mr. Tripp noted that the zoning ordinance amendments presented this evening will
add the "microbrewery" use to the LM Light Manufacturing and HM Heavy
Manufacturing districts so that these may be considered in the future by Special
Exception permit by the Commission and City C ouncil.
C hair Daulton noted that this is a public hearing and asked if anyone was present
who would like to speak regarding this matter. T here was no response from the
audience.
Reid G arst motioned to recommend to the Council of the C ity of Salem that
C hapter 106 Zoning, Article II D istrict Regulations, Section 106-218(B)(5) Light
Manufacturing District, Commercial Uses and Section 106-220(B)(5) Heavy
Manufacturing District, Commercial Uses, and Article III Use and Design
Standards, Section 106-310.19 C ommercial Uses, pertaining to microbreweries be
amended as presented. J ackson Beamer seconded the motion.
Ayes: Beamer, Daulton, Garst, King
A bsent: C arter
B.Amendment to the Zoning Ordinance
Page 2 of 6
Hold public hearing to consider the request of J oseph M. Sullivan, property owner,
for rezoning the property located at 124 Fort Lewis Boulevard, (Tax Map # 137-5-7
and 137-5-6) from HBD Highway Business District to RS F Residential Single
Family.
T he Executive Secretary noted that Items B & C are very similar and pertain to the
same property. He asked the C ommissioners if they would like him to read them
together. C hair Daulton asked if they would need to vote on each item separately,
and Mr. Maxwell noted that they could be read together and have the hearing
together but there should be a separate motion for each item.
T he Executive Secretary reported that notice of such hearings had been published in
the J une 1 and J une 8, 2017, issues of the Salem Times Register and adjacent
property owners were notified by letter mailed May 31, 2017.
Staff noted the following regarding the rezoning request: the subject property
consists of two parcels on the west side of Fort Lewis Boulevard, north of the
intersection with West Main Street. T he southernmost property, 124 Fort Lewis
Boulevard (137-5- 7) is approximately 0.4 acres, and is occupied by a single family
residence and an associated garage. T he other property (137-5-6) is approximately
0.5 acres and is currently vacant. T he owner wishes to rezone the property to RSF
Residential Single Family in order to make the residential use conforming, and to
allow for the construction of a 1,200 square foot garage behind the existing garage
on 137-5-7. In addition, accessory structures larger than 1,000 square feet require a
Special Exception Permit. Item C is the request for the issuance of this permit.
Staff also noted the following regarding the Special Exception Permit request: the
subject property consists of a single parcel located on the west side of Fort Lewis
Boulevard, north of the intersection with West Main Street. It is approximately 0.4
acres, and is occupied by a single family residence and an associated garage. T he
owner wishes to construct a 1,200 square foot garage behind the existing garage.
A ccessory structures larger than 1,000 square feet require a Special Exception
Permit.
J oseph Sullivan of 2824 West C lub Drive, property owner, appeared before the
C ommission explaining the rezoning and Special Exception Permit requests.
C ommissioner King asked if this would be rental property. Mr. Sullivan noted that
he would be moving into this residence. He noted the property on West C lub Drive
is a family estate that will be going on the market soon.
C hair Daulton noted that there is already a garage on the property. She asked if he
had quite a few cars which need to be garaged. Mr. Sullivan noted that he has nine
motor vehicles and one trailer to haul motor vehicles, seven of which are antiques. It
Page 3 of 6
was noted that this is a hobby or a collection of cars. C hair Daulton asked if this
would be a three or four stall garage. Mr. Sullivan noted that he is actually just
planning one door for access. T he size is just to allow storage and also an area to
do repairs and restorations. Mrs. Daulton asked if the restoration is just for personal
use and not a business? Mr. Sullivan noted that this was correct.
C hair Daulton noted that this is a public hearing and she asked if anyone would like
to speak regarding this request. T here was no response and the public hearing was
closed.
D enise King motioned to recommend to the C ouncil of the C ity of Salem that the
request of J oseph M. Sullivan, property owner, for rezoning the property located at
124 Fort Lewis Boulevard, (Tax Map # 137-5-7 and 137-5-6) from HBD Highway
Business District to RS F Residential Single Family be approved. J ackson Beamer
seconded the motion.
Ayes: Beamer, Daulton, Garst, King
A bsent: C arter
C .Special E xception P ermit
Hold public hearing to consider the request of J oseph M. Sullivan, property owner,
for the issuance of a Special Exception Permit to allow a new 1200 sq ft accessory
building on the property located at 124 Fort Lewis Boulevard, (Tax Map # 137-5-
7).
Reid G arst motioned to recommend to the Council of the C ity of Salem that the
request of J oseph M. Sullivan, property owner, for the issuance of a Special
Exception Permit to allow a new 1,200 square foot accessory building on the
property located at 124 Fort Lewis Boulevard (Tax Map # 137-5-7) be approved
subject to the approval of the rezoning request. J ackson Beamer seconded the
motion.
Ayes: Beamer, Daulton, Garst, King
A bsent: C arter
D.Amendment to the Zoning Ordinance
Hold public hearing to consider the request of Lance B. & Debra M. Duncan,
Tarpley Graham, LLC , J ustin I. & Andrea N. Boles, Darrell R. & Kirsten K.
Printz, Kendall S. & Renae A . Keffer, BG G T, LLC , Daniel I. & Helene M. Shain,
D avid B. & C arolyn 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-
Page 4 of 6
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 P UD Planned Unit District with
conditions to PUD Planned Unit District with amended conditions.
T he Executive Secretary reported that notice of such hearings had been published in
the J une 1 and J une 8, 2017, issues of the Salem Times Register and adjacent
property owners were notified by letter mailed May 31, 2017.
Staff noted the following regarding the request: the subject property consists of 13
parcels in the Heritage Downs Planned Unit Development located along Ambler
Lane, a private road, west of the intersection with Franklin Street. T he owner is
requesting to increase the maximum number of residential lots from 19 to 20, and to
decrease the minimum lot size to 0.55 acres in order to better fit the houses on the
lots. T he 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. T his P UD is governed by a master plan and various conditions. All of
those conditions will remain in place, with the only ones being modified by this
request being the maximum number of lots and the minimum lot size. Any
development will have to be in substantial conformance with the approved master
plan.
Brad Graham of Tarpley Graham, LLC , property owner and developer, appeared
before the C ommission explaining the proposed rezoning request.
C ommissioner King noted that the C ommission is being asked to amend the
conditions to allow a maximum of 20 lots with a minimum lot size of 0.55 acres.
Mr. G raham noted that the minimum lot size should be 0.75 acres per lot. Mr.
G raham noted that it must be a typo. Mrs. King noted that the minimum is 0.75, is
that correct? Mr. Graham noted that this is correct.
Mr. Tripp stated in the letter from Balzer & Associates it states 0.55 acres. He
asked should it be 0.55 or 0.75. Mr. Graham noted that it should be 0.75 acres.
Mr. Tripp noted that it is also on the master plan. Mr. G raham noted that this is also
incorrect.
C ommissioner Garst noted that he was looking at the master plan and some of them
are smaller than the 0.75 acres. Lots 14 and 15 are 0.58 acres and do not meet the
criteria. Mr. Graham noted that was not his intention.
C hair Daulton asked if he would feel more comfortable tabling the request until the
next meeting so he could get this corrected. Mr. Graham noted that he was not sure.
T here was further discussion regarding the lot sizes. Mr. Graham stated it was never
his intention to go under the 0.75 acres and he is not sure if this is a
miscommunication between his company and Balzer.
Page 5 of 6
Mr. Tripp asked if he would like to ask for 0.55 acres or would he prefer to
continue the request for now. Mr. Graham asked if there is a way we can get
through the meeting by saying they are just asking for one additional lot. Mr.
G raham noted that the difference should come from the lots and not from the open
space.
T here was additional discussion regarding the number of lots, lot sizes and the
amount of open space. Mr. Graham asked if we could approve the additional lot but
not change the 0.75 acre minimum or the amount of open space. T hen it would be
up to them to go back to Balzer & Associates to get them to correct the map and
submit it to the Engineering D epartment for them to confirm that it meets the
requirements.
C hair Daulton asked would this be in conformance, if it were handled in this
manner. Mr. Maxwell noted that one question is whether we have consistently
advertised it and typically the rule is if we are going to a less intensive use in zoning
matters then it is covered within the more intensive use in the advertisement. So if
we are proposing to go from 0.55 acres to 0.75 acres then it would be a less
intensive use, but it is a little troublesome when we have an application for one
thing and then we are coming up with something else here at the meeting. He noted
that he thought the item needs to be tabled and continued to the next meeting.
T he Executive Secretary asked if the C ommission would motion to continue the
public hearing to the J uly meeting, and it was noted that this would be acceptable.
J ackson Beamer motioned to continue the request of Lance B. & Debra M.
D uncan, Tarpley Graham, LLC , J ustin I. & Andrea N. Boles, Darrell R. & Kirsten
K. Printz, Kendall S. & Renae A . Keffer, BG G T, LLC , Daniel I. & Helene M.
Shain, David B. & C arolyn 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 P UD Planned Unit District with
conditions to PUD Planned Unit District with amended conditions to the J uly 2017
meeting of the Planning C ommission. Denise King seconded the motion.
Ayes: Beamer, Daulton, Garst, King
A bsent: C arter
4.Adjournment
T he meeting was adjourned at 7:27 p.m.
Page 6 of 6
CITY OF SALEM ITEM 3A
PLANNING COMMISSION
STAFF REPORT
Prepared by: Meeting Date:
City Administrative Staff July 12, 2017
Report prepared:
July 5, 2017
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
SITE CHARACTERISTICS:
Zoning: PUD Planned Unit Development
Future Land Use Plan Designation: Residential
Proposed Zoning: PUD Planned Unit Development
Existing Use: Residential, Agricultural, and Open Space
Proposed Use: Residential, Agricultural, and Open Space
BACKGROUND INFORMATION:
This item was continued from the June meeting of the Planning Commission.
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.
ISSUES:
This PUD is governed by a master plan and various conditions. All of those conditions will remain
in place, with the only ones being modified by this request being the maximum number of lots and
the minimum lot size. Any development will have to be in substantial conformance with the
approved master plan.
New Master Plan
6/15/17
June 15, 2017
Mr. Jay Taliaferro
Assistant City Manager
City of Salem
114 North Broad Street
Salem, VA 24153
RE: Heritage Downs Subdivision
Balzer and Associates, Inc. Job # R1300116.00
Amendment to Planned Unit District (P.U.D.)
Dear Mr. Taliaferro,
On behalf of Tarpley-Graham, LLC, Lance and Debra Duncan, Justin and Andrea Boles, Darrell
and Kirsten Printz, Kendall and Renae Keffer, BGGT, LLC, Daniel and Helene Shain, David and
Caroly Buillington, Bradley and Elizabeth Graham (Current Property Owners), and Tarpley-
Graham, LLC (Developer) we are requesting an amendment to the existing Planned Unit District
(P.U.D.) consisting of original tax parcels 271-1-1 and 290-1-1. The subject request is being
made in accordance with Section 106-228.5 of the City of Salem Zoning ordinance in which we
are requesting to modify the maximum number of residential lots from 19 to 20. All other
standards remain unchanged.
The proposed development regulations and conceptual layout are fully outlined on the “Heritage
Downs P.U.D. Master Plan” attached to this application. It is the petitioner’s intent that the
“Heritage Downs P.U.D Master Plan” be the official document that will guide the development
of this property.
Sincerely
Balzer and Associates, Inc.
Christopher Burns, P.E.
Associate
cc: B&A File
PLANNERS ARCHITECTS ENGINEERS SURVEYORS
1208 Corporate Circle, SW Roanoke, Virginia (540) 772-9580 FAX (540) 772-8050
www.balzer.cc
Roanoke
New River Valley
Richmond
Staunton
Harrisonburg
Balzer and Associates, Inc.
1208 Corporate Circle
Roanoke, VA 24018
540-772-9580
FAX 540-772-8050
www.balzer.cc
Roanoke
New River Valley
Richmond
Staunton
Harrisonburg
Balzer and Associates, Inc.
1208 Corporate Circle
Roanoke, VA 24018
540-772-9580
FAX 540-772-8050
SITE INFORMATION
Current Master Plan
9/29/15
Items from June
Meeting
June 2017
PETTTTON FOR ZONING AMENDMENT (REZONING)
City of Salem Department of Planning and Development
Melinda J. Payne, Director Judy Hough, Planner Ben Tripp, Planner
Email: mpayne@salemva.qov Email: ihouqh@salqmva.oov Email: btripp@salemva,qov
Telephone: 540-375-3007
1. Legal Owne(s) of property requested to be rezoned:
Debra M. & Lance B. Duncan, Justin l. &Andrea N. Boles, Darrell R. & Kirsten K. Printz, Kendall S. & RenaeA. Keffer, BGGT, LLC
--gelflLs U9flg N4_9!ef!."D*ey!_P & cr,"ly" F B,||| ___
2, Location of Property:
AddreSS: 693, 7 00, 7 01, 7 05, 7 09, 7 13, 7 17, 7 21, 7 25, 7 29, & 7 33 Ambler Lane
SubdivisiOn: Heritage Downs
3, Characteristics of Property:
Size (Acreage): 34 62 ac'
Deed ReSkiCtiOnS: Homeowner's Association Documents
Present Use: Residential & Vacant
4. Zoning Classification:
Present Zoning:P.U.D.:Planned Unit District
Proposed Zoning:P.U.D.*Planned Unit District
Land Use Designation: Residentiar
5. Reason(s) for Rezoning Request (lncluding proposed use):
To amend the existing Low Density P.U.D. with private roads under the subdivision title of Heritage Downs.
6. Agent(s) or representative(s) of property owne(s): (Specify interest)
Tarpley-Graham, LLC c/o Brad Graham
Mailing Address:494 Glenmore Drive Salem, VA 24153
Telephone Number: 540-38e-81 e3
7. Affidavit:
A. The undersigned person certifies that this petition and the foregoing answers, statements, and other information
herewith submitted are in all respects true and correct to the best of their knowledge and belief, Also, the
on the property by the City.
51812017
lnterest in Property:Developer: Tarpley-Graham, LLC
petitioner understands that a "Notice of Zoning Request" sign will be posted
i\'):,..Signed: ,.'. / 'l-'-- ' "*--- Date:
Mailing Address:494 Glenmore Drive
Salem, VA 24153
Telephone Number: s+o-seg-e1 gs
OfficialTax Map 271-1-1,271-1-1.1, 1.2, 1.3, 1.4,1.5, and 1.6,2.1,2.2,2.3,2.4, and 2.5,271-1-3,290-1-1
DAIffPAr.lD ASSOC ATtrS INC
;;MoRRow
Mr. Jay Taliaferro
Assistant City Manager
City of Salem
114 North Broad Street
Salem, YA24l53
RE: Heritage Downs Subdivision
Balzer and Associates, Inc. Job # R1300116.00
Amendment to Planned Unit District (P.U.D.)
Dear Mr. Taliaferro,
On behalf of Tarpley-Graham, LLC,Lance and Debra Duncan, Justin and Andrea Boles, Darrell
and Kirsten P1rntz, Kendall and Renae Keffer, BGGT, LLC, Daniel and Helene Shain, David and
Caroly Buillington, Bradley and Elizabeth Graham (Current Property Owners), and Tarpley-
Graham, LLC (Developer) we are requesting an amendment to the existing Planned Unit District
(P.U.D.) consisting of original tax parcels 27I-l-1 and 290-1-1. The subject request is being
made in accordance with Section 106-228.5 of the City of Salem Zorung ordinance in which we
are requesting to modify the maximum number of residential lots from 19 to 20 and decrease the
minimum lot size to 0.55 acres. All other standards remain unchanged.
The proposed development regulations and conceptual layout are fully outlined on the "Heritage
Downs P.U.D. Master Plan" attached to this application. It is the petitioner's intent that the
"Heritage Downs P.U.D Master Plan" be the official document that will guide the development
of this property.
Sincerely
Balzer and Associates, Inc.
Christopher Bums, P.E.
Associate
cc: B&A File
PLANNERS ARCHITECTS ENGINEERS SURVEYORS
1208 Corporate Circle, SW Roanoke, Virginia (540)772-9580 FAX (540) 772-8050
0
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Planned Unit Development Regulations
Densitx and ORen 5Qoce
Minimum Open Space: 12 Acres!35r.
Minimum Residential Lot Size: 0.55 Acre
Minimum Lot Frontage: None
Max. Number of Residential Lots: 20
Setbacks
Front Setback: 20' Min
Side Setback: 10' Min
Rear Setback: 30' Min
Private Road Standards
Right of Way Width: 40' Min
Pavement Width: 22' Min
Shoulder Width: 3' Min
Road Grade: 19r. Max
Utilities
Water: Public
Sanita ry Sewer: Public
Power !Cable!Phone: Underground
storm water
Storm water management will be addressed as
requried by iceal ordinance.
Use Regulations
Uses Permitted on Existing Tax Parcel 290 1
Uses permitted will be as allowed by the City of Salem
Zoning Ordinance according to the RSF regulations
Uses Permitted on Existing Tax Parcel 271 1 1
Residential Lots
Uses permitted will be as allowed by the City of Salem
Zoning Ordinance according to the RSF regulations along
with the following:
Keeping of Horses and Equestrian related uses Including
trails, stables, and pasture. A minimum of a Two Acre
Residential Tract size will be "-equired :0 have a stable on
a residential lot.
Keeping of Goats ord Cows
Open Space Areas
Keeping of horses and Equestrian related uses Includlrg
trails, stables, and pasture.
Keeping of Goats ord Cows
Community Gardens
HoriicL..iture
Hay Production
Passive and active recreational uses including but not
limited to traiis, pic-nic tobles, gazebos, and playgrounds
General Development Guideli~es
All development shall be in substantial conformance With
this plan.
A maximimum of 1 Horse per acre of open space sloall
be permitted.
All open space is intended for the private use of
of this development.
All Private Roads, stormwater faCilities and infrastructure,
and Open Space shall be maintained by the residents of
this development.
At the time of plat recordatlor"l, the developer shall dedicate
Right of Way a'ong the frontage of Franklin Street to allow
for future widening of Franklin street The Rignt of Wey
dedication shall be 25' from the centerline of Frank in St
No stable sha!1 be constructed closer tho'l 100' to a parcel
that is adjacent to this development or closer than 100'
to the Franklin SI. Right of Way.
SITE INFORMATION
TAX PARCEL NO.s:
SITE ADDRESSES:
EXISTING ZONING:
EXISTING USE:
PROPOSED USE:
PROPOSD ZONING:
REZONING AREA:
271-1-1, 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, 290-1-1
700, 701, 705, 709, 713. 717, 721, 725, 729, &: 733 AMBLER '.ANE
SALEM. VA 24153
P.U.O. -PLANNED UNIT DISTRICT
Residential and Agriculture
SINGLE FAMILY RESIDENTiAl DEYELOP~ENT
P.U.O.-PLANNEO UNIT DISTRICT
34.62 ACRES
This Master Plan IS for ~ezonlng purposes only and IS rot for corstruction
Nft"
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1208 Corporate Circle
Roanoke, VA 24018
540-772-9580
FAX 540-772-8050
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HERITAGE DOWNS - AME,NDMENT TO P.U.D.
Franklin Street
City of Salem" 2-2t-2014
Lesal Description For Tax Parcel #271-1-1
BEGINNING at a stake on the north side of State Secondary Route No. 693 at the corrmon comer of the
George L. Poff property (Deed Book 93, page 530) and the C.G. Mowles property (Deed Book 126, page
159); thence with the center of the State road S. 17 - 25 W.216.7' to a point; thence S. 2 - 10 W. 400' to a
point in the center of said Route No. 693; thence leaving the road S. 26 - 58 W. passing a marked
persimmon at 33.4', in all 130.1' to a corner fence post located southwest of the Wertz spring; thence S.
44 - 32 E. 65' to a point in the center of the State Road; thence with the center of said road S. 32-15 W.
334.1' to a point; thence S. 48 - 50 W. 92.5' to a point; thence S. 30 - 29 W. 172.5' to a point; thence still
with said road S. 5I - 34 W. 134.3' to a point at the northeast comer of the tract that C.G. Mowles
conveyed to C.L. Mowles (Deed Book 166, page 510); thence with the line of said tract N. 57 - 44 W.
passing a marked walnut on the west side of the branch at 43', along a fence in aLL674.4' to a walnut on
top of the hill; thence still with the C.L. Mowles tract N. 60 - 17 W. 360.6' to a stake on the line of the
Town of Salem property; thence with the line of same N. 15 - 45 E. 907' crossing the 20' private road and
branch to an old iron at the southwest corner of the E.M. Poff property (Deed Book 356, page 37); thence
with the line of same S. 75 - 16E. 54' to a point on the west side of the 20' roadway leading to State Sec.
R. 693; thence with the line of the George L. Poff property (Deed Book 93, page 530) S. 73 - 20 E. 529'
to a post; thence S. 71 - 30 E. 467' to a locust on the west side of the branch; thence with the west side of
saidbranchN. 13 -30E. 111'toapoint;thenceN.36-00E.67'to apoint; thenceN. T2-00E.40'toa
point; thence N. 32 - 30 E. 100' to a point; thence S. 77 - 13 E,. 25' crossing the branch tb the
BEGINNING, and containing 28.67 acres and being as shown in detail on map made by T.P. Parker, C.E.,
datedApril 10, 195i.
HERITAGE DOWNS - AMENDMENT TO P.U.D.
Frankiin Street
City of Salem
2-21-20t4
Legal Description For Tax Parcel #290-1-1
BEGINNING at a point in the center of Franklin Street at the southeast comer of J. Alfred Mullins
property and comer of Virginia Rock Maxey property; thence with the center of the road S. 40 Degrees
47'W. 36.2 feet to a point; thence S. 0 Degrees 55'W. 16.7 feet to a point; thence with two new division
lines through the Maxey property N. 56 Degrees 47' W. 168.97 feet to an iron; thence S. 20 Degrees 43;
W.230.70 feet to an iron; thence with the line of A.W. Doyle property N. 59 Degrees 55' W. 830.92 feet
to an iron; thence with the City of Salem property N. 17 Degrees .06' E. 319.17 feet to an old iron by a
rock, corner to J. Alfred Mullins property; thence with the line of same S. 59 Degrees .01' E. 359.8 feet to
a walnut; thence S. 56 Degrees 47' E 673.6 feet passing a walnut to the BEGINNING and containing 5.95
acres and being as shown on map made by T.P. Parker, S.C.E., dated October 23, 1970, which map is
recorded in the Clerk's Office of the Circuit Court of the City of Salem in Deed Book 14, page 203.
AFFADAVIT OF MAILING PURSUANT TO S15.2.2204
CODE OF V!RGINIA
PLANNING COMMISSION
JUNE 14,2417
ITEM # 3D
This is to certify that I mailed letters in reference to the rezoning request of Debra M. & Lance B.
Duncan, Justin l. & Andrea N. Boles, Darrell R. & Kirsten K. Printz, Kendall S. & Renae A. Keffer,
BGGT, LLC, Daniel l. & Helene M. Shain, David B. & Carolyn F. Bullington, Bradley M. & Elizabeth T.
Graham, and Tarpley-Graham, LLC, property owners, for rezoning the property located at 693, 700,
701,705,709,713,717,721,725,729 and 733 Ambler Lane (Tax Map #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
and 290-1-1) from PUD Planned Unit District with conditions to PUD Planned Unit District with
amended conditions to the following property owners and adjacent property owners on
May 31 , 2017, in the 2:00 p.m. mail:
SIMMS L EARL.ESTATE
155 DIAMOND RD
SALEM V424153
ROBERT C HAYNIE
TERRY L HAYNIE
656 JOAN CIRCLE
SALEM V424153
WILLIAM K C MILLS
ELIZABETH C MILLS
152 UPLAND DR
SALEM VA24153
LEWIS E ARMISTEAD tII
ANIKA ARMISTEAD
2901 PHILLIPS BROOK LN
SALEM VA24153
RICHARD R PACE
PHOUIHONE CATHY HALL-PACE
2905 PHILLIPS BROOK LN
SALEM VA24153
HEATHER D BRATTON
2917 PHILLIPS BROOK LN
SALEM VA24153
GINGER S KIRBY
2495 POFF LN
SALEM Vp.24153
JOSEPH DANIEL MULLINS &
DUNCAN DEBRA L MULLINS ET
AL
2521 FRANKLIN ST
SALEM VA 241 53
JEFFERY J WINSLOW
28OO FRANKLIN ST
SALEM V424153
HOWARD W SHUMATE
TRACY G SHUMATE
2937 PHILLIPS BROOK LN
SALEM V424153
PAUL M CHAUVIN
JEANNE M CHAUVN
2909 PHILLIPS BROOK LN
SALEM VA.24153
BRENT N BARRETT
CAROLYN R BARRETT
2921 PHILLIPS BROOK LN
SALEM VA24153
PEGGY DIANE MULLINS
2521 FRANKLIN ST
SALEM Vp.24153
(THE) 1026 FOUNDATTON L
148 UPLAND DR
SALEM V424153
JOHN R GRAYBILL JR
JESSIE H GRAYBILL
2813 FRANKLIN ST
SALEM VA24153
DERRICK R DEWALT
MICHELE T DEWALT
2941 PHILLIPS BROOK LN
SALEM VA24153
MARK N ADKINS
ANN C ADKINS
2913 PHILLIPS BROOK LN
SALEM Vp.24153
LLOYD CHAD KING
CRYSTAL L KING
2925 PHILLIPS BROOK LN
SALEM VA24153
JASON S KUSHMAN
SYLVAN S KUSHMAN
2929 PHILLIPS BROOK LN
SALEM V424153
BERNARD F SCHAAR
LINDA K SCHAAR
125 NIBLICK DR
SALEM V424153
Signed
City of Salem
My commission expires:3 sla0tB
BARBARA CROY
2933 PHILLIPS BROOK LN
SALEM VA24153
SANDRA B PERDUE
2515 CHERRY LN
BLACKSBURG VA 24060
me
STUART D IRBY
LYNN W IRBY
2804 FRANKLIN ST
SALEM V424153
Commonwealth of Virginia
Thp foregoing instruqent was acknowledged before me this{auv or f{)k4 ,zol'/.ay"-----,J-nstrulQen
L. ?r;,
KRYSTAL M. FAHMEH
Notary Public
Commonwealth of Virginia
Reg. #2288O1
SALE UA
IMPORTANT NOTICE OF PUBLIC HEARINGS
PROPOSAL TO CHANGE ZONING
Notice is hereby given that a request has been filed with the City of Salem by the property
owner/petitioner of the property described below. 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:
Debra M. & Lance B. Duncan, Justin l. & Andrea N. Boles, Darrell R. & Kirsten K. Printz,
Kendall S. & Renae A. Keffer, BGGT, LLC, Daniel l. & Helene M. Shain, David B. & Carolyn F.
Bullington, Bradley M. & Elizabeth T. Graham, and Tarpley-Graham, LLC, property owners
Location of Property:
693, 700, 701, 745, 7O9, 713, 717, 721, 725, 729 and 733 Ambler Lane (Tax Map #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, 27 1-1 -2.5, 27 1-1 -3 and 290-1 -1)
Purpose of Request:
To amend the existing low density PUD Planned Unit District with private roads under the
subdivision title of Heritage Downs.
The date, time, and place of the public hearing scheduled by the Planning Commission on this
request are as follows:
WeolesolY, JUNE 14,2017 -7 p.u.
Gouucil- GHnMgens, Frnsr FLooR, Selem Clry Hall
114 Nonrx Bnoao Srneer, SAreu, VrRcrrun
The date, time, and place of the public hearing scheduled by City Council on this request are as
follows:
MoroeY, June 25, 2017 - 7:30 p.nrr.
CouNcrr- GHxileens, Frnsr Froon, St-eu Ctrv Hall
114 Nonrn Bnoeo SrReer, SlLeu, VrRetntn
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, ll
Executive Secretary
Planning Commission
114 North Broad Street, Salem, Virginia 24153 (540) 375-3032
Notice is hereby given to all interested persons that the City of Salem Planning Commission, at its regular
meeting on June 14, 2017, at 7:00 p.m., in Council Chambers of the City Hall, 114 N. Broad Street, in the City
of Salem, Virginia, will hold a public hearing, pursuant to Sections 15.2-2204 and 15.2-2285 of the Code of
Virginia, as amended, to consider approval of the following requests relative to the CODE OF THE CITY OF
SALEM, VIRGINIA:
1. Consider amending Chapter 106 Zoning, Article II District Regulations, Section 106-218(B)(5) Light
Manufacturing District, Commercial Uses and Section 106-220(B)(5) Heavy Manufacturing District,
Commercial Uses, and Article III Use and Design Standards, Section 106-310.19 Commercial Uses,
pertaining to microbreweries.
2. Consider the request of Joseph M. Sullivan, property owner, for rezoning the property located at 124
Fort Lewis Boulevard (Tax Map #s 137-5-6 & 137-5-7) from HBD Highway Business District to
RSF Residential Single Family.
3. Consider the request of Joseph M. Sullivan, property owner, for the issuance of a Special
Exception Permit to allow a new 1,200 sq. ft. accessory building on the property located at 124
Fort Lewis Boulevard (Tax Map # 137-5-7).
4. 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.
Copies of the proposed plans, ordinances or amendments may be examined in the Office of the City
Planner, Community Development, 21 South Bruffey Street, Salem, Virginia.
At said hearing, parties in interest and citizens shall have an opportunity to be heard relative to the said request.
THE PLANNING COMMISSION OF THE
CITY OF SALEM, VIRGINIA
BY_______________________________
James E. Taliaferro, II
Executive Secretary
(PLEASE PUBLISH IN THE JUNE 1 AND 8, 2017, ISSUES OF THE “SALEM TIMES-REGISTER.")
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
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1.00 Ac.
1.518 Ac.
1.339 Ac.
1.496 Ac.
1.022 Ac.
0.245 Ac.0.238 Ac.
0.238 Ac.
0.314 Ac.
0.248 Ac.
0.247 Ac.
0.247 Ac.
0.248 Ac.
0.246 Ac.
0.247 Ac.
0.246 Ac.
0.280 Ac.
0.281 Ac.
0.298 Ac.0.271 Ac.
0.230 Ac.
0.241 Ac.
0.241 Ac.
0.241 Ac.
0.241 Ac.
0.241 Ac.
0.241 Ac.
0.373 Ac.
0.348 Ac.
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4.546 Ac.
10.041 Ac.
0.751 Ac.
0.829 Ac.
0.907 Ac.
0.910 Ac.
9.18 Ac. +/-
1.007 Ac.
0.777 Ac.
0.819 Ac.
0.985 Ac.
3.634 Ac.
1.063 Ac.
0.750 Ac.
0 200 400100
Feet±1 inch = 200 feet ITEM AJUNE 2017 PLANNING COMMISSION693-733 Ambler Lane
CITY OF SALEM
Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032
Tax Parcels 271-1-1.1 thru 271-1-1.6, 271-1-2.1 thru 271-1-2.5, 271-1-1, 271-1-3 & 290-1-1 Buildings Parcels City Limits
Commercial
Downtown
Economic Development Area
Industrial
Institutional
Mixed Use
Public Parks and Recreational
Residential
Transitional
Tax Parcels 271-1-1.1 thru 271-1-1.6, 271-1-2.1 thru 271-1-2.5, 271-1-1, 271-1-3 & 290-1-1 Buildings Parcels City Limits
CITY OF SALEM ITEM 4A
PLANNING COMMISSION
STAFF REPORT
Prepared by: Meeting Date:
City Administrative Staff July 12, 2017
Report prepared:
July 5, 2017
RE: 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
SITE CHARACTERISTICS:
Zoning: HBD Highway Business District
Future Land Use Plan Designation: Residential
Proposed Zoning: RSF Residential Single Family District
Existing Use: Single Family Residence
Proposed Use: Two Family Dwelling
BACKGROUND INFORMATION:
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 Special 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 application is item 4B.
ISSUES:
None.
AFFADAVIT OF IUIAILING PURSUANT TO 515.2.2204
CODE OF VIRGINIA
PLANNING COMMISSION
JULY 12,2017
ITEM # 4A
This is to certify that I mailed letters in reference to the rezoning request of ARD Properties LLC,
property owner, for rezoning the property located at 905 lndiana Street flax Map# 186-9-6) from HBD
Highway Business District to RSF Residential Single Family District to the following property owners
and adjacent property owners on June 28,2017, in the 2:00 p.m. mail:
ZACHARY EVANS LLC
928 LOGAN STREET
SALEM VA24153
TRUSTEES CALVARY BAPTIST
CHURCH
PO BOX 189
SALEM VA 24153
TERRY L BASHAM
PO BOX'1582
SALEM VA 24153
THOMAS GRANVILLE SAMPLE
9lT INDIANA ST
SALEM VA24153
CLARA E MILLS
910 INDIANA ST
SALEM V424153
Signed
City of Salem
Commonwealth of Virginia
TRUSTEES, GOD'S CHURCH OF
DELIVERANCE AND POWER
829 INDIANA STREET
SALEM VA24153
MICHAEL O GARST
721 NORTH MILL RD
SALEM VA 24153
ARD PROPERTIES LLC
PO BOX 24il1
ROANOKE VA24A18
MARVIN RAY MUSSELMAN
206 HICKOK ST
CHRISTIANSBURG VA 24073-351 8
CECIL U MOORE III
PO BOX 4605
ROANOKE VA24015
BARKER PROPERTIES INC
PO BOX 813
SALEM VA24153
PHILIP D MARTIN
918 FLORIDA ST
SALEM VA24153
DENISE MITCHELL FRANCISC
913 INDIANA ST
SALEM VA 24153
TERESAA ROBERTS
JOHN S ROBERTS LIFE EST/
277 RED DIRT LN
wlRTz vA24184
MARK N SHAMPINE
920 INDIANA ST
SALEM VA24153
o,r" Ul?,Bl 20 t,t,,
KRYSTAL M. FARMER
Notary Public..
c.,.monwelth ol Virginia
Beg. #22880t
My commission expires:
non{ '<
before me thiscr{6 day of Jt rne ,2O11,6,
IMPORTANT NOTICE OF PUBLIC HEARINGS
PROPOSAL TO CHANGE ZONING
Notice is hereby given that a request has been filed with the City of Salem by the
property owner/petitioner of the property described below. 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:
ARD Properties LLC
Location of Property:
905 lndiana Street (Tax Map #186-9-6)
Purpose of Request:
To rezone from HBD Highway Business District to RSF Residential Single Family
District
The date, time, and place of the public hearing scheduled by the Planning Commission
on this request are as follows:
WeoresoAY, JULY 12,2017 -7 e.n.
Couttcu- CHlMeeRs, FIRSI Ftoon, Saleu Ctry Hall
114 Noarrt Bnolo Srneer, Slreul, VrRolu
The date, time, and place of the public hearing scheduled by City Council on this
request are as follows:
MorrrorY, JULY 24, 2017 - 7:30 p.rtl.
Couttcn- CHanneens, FlRst FLooR, Salerrl Clry Hau
114 Nonrn Bnoao Srneer, Seteu, VrRcttlrl
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
1 14 North Broad Street, Salem, Virginia 24153 (540) 375-3032
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
8th Street
7th Street
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0.258 Ac.
0.389 Ac.
0.172 Ac.
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0 100 20050
Feet±1 inch = 100 feet ITEM # AJULY 2017 PLANNING COMMISSION905 Indiana Street
CITY OF SALEM
Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032
Tax Parcel 186-9-6 Buildings Parcels City Limits
Commercial
Downtown
Economic Development Area
Industrial
Institutional
Mixed Use
Public Parks and Recreational
Residential
Transitional
Tax Parcel 186-9-6 Buildings Parcels City Limits
CITY OF SALEM ITEM 4B
PLANNING COMMISSION
STAFF REPORT
Prepared by: Meeting Date:
City Administrative Staff July 12, 2017
Report prepared:
July 5, 2017
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).
SITE CHARACTERISTICS:
Zoning: HBD Highway Business District
Future Land Use Plan Designation: Residential
Proposed Zoning: RSF Residential Single Family District
Existing Use: Single Family Residence
Proposed Use: Two Family Dwelling
BACKGROUND INFORMATION:
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.
This request is associated with item 4A. The owner is requesting a Special Exception Permit to
allow the existing house to be converted to a Two Family Dwelling.
ISSUES:
None.
AFFADAVIT OF MAILING PURSUANT TO S{5.2.22A4
CODE OF VIRGINIA
PLANNING COMMISSION
JULY 12,2017
ITEM # 48
This is to certify that I mailed letters in reference to the Special Exception Permit request of
ARD Properties LLC, property owner, for the issuance of a Special Exception Pennit to allow
a two family dwelling on the property located at 905 lndiana Street (Tax Map# 186-9-6) to
the following property owners and adjacent property owners on June 28, 2017, in the 2:00
p.m. mail:
ZACHARY EVANS LLC
]28 LOGAN STREET
3ALEM VA24153
TRUSTEES CALVARY BAPTIST
]HURCH,o Box 189
SALEM VA 24153
rERRY L BASHAMro Box 1582
SALEM VA 24153
THOMAS GRANVILLE SAMPLE
i17 INDIANA ST
SALEM VA.24153
]LARA E MILLS
)lO INDIANA ST
SALEM VA 24153
Signed
City of Salem
Commonwealth of Virginia
TRUSTEES, GOD'S CHURCH OF
DELIVERANCE AND POWER
s29INDIANA STREET
SALEM VA 24153
MICHAEL O GARST
721 NORTH MILL RD
SALEM V424153
ARD PROPERTIES LLC
PO BOX 24il1
ROANOKE VA 24018
MARVIN RAY MUSSELMAN
206 HICKOK ST
CHRISTIANSBURG VA 24073-35 1 8
CECIL U MOORE III
PO BOX 4605
ROANOKE VA 24015
BARKER PROPERTIES INC
PO BOX 813
SALEM VA 24153
PHILIP D MARTIN
918 FLORIDA ST
SALEM VA24153
DENISE MITCHELL FRANCISCO
913 INDIANA ST
SALEM VA 24153
TERESAA ROBERTS
JOHN S ROBERTS LIFE ESTATE
277 RED DIRT LN
WIRTZ V424184
MARK N SHAMPINE
920 INDIANA ST
SALEM VA24153
D,Ebl_wl_uu_t_
KRYSTAL M. FARMEN
Notary Public
Commonwealth of Virginia
Reg, #228801
My commission expires:
acknowtedged before me tnis48fl aay or [Un( , zo!'l , oy
SALE \&{
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:
ARD Properties LLC, property owner
Location of Propefi:
905 lndiana Street (Tax Map #186-9-6)
Purpose of Request:
For the issuance of a Special Exception Permit to allow a two family dwelling on the
property located at 905 lndiana Street.
The date, time, and place of the public hearing scheduled by the Planning Commission
on this request are as follows:
WeoruesoAY, JurY 12,2017 -7 p.tti.
Gour,rcn- CHRMeeRs, FlRsr FrooR, Salrm Grry Hlll
114 NonrH BRoAD Srneer, Slrerrl, VrRclu
The date, time, and place of the public hearing scheduled by City Council on this
request are as follows:
MotrtolY, July 24,2017 - 7:30 p.rur.
Gouncrl CHerrreeRs, Frnsr Froon, S*eu Clry Hnll
114 NonrH BRoAD Srneer, Streru, VtRorun
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
1 14 North Broad Street, Salem, Virginia 24153 (540) 375-3007
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
8th Street
7th Street
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0.258 Ac.
0.389 Ac.
0.172 Ac.
0.243 Ac.
0.301 Ac.
0 100 20050
Feet±1 inch = 100 feet ITEM # BJULY 2017 PLANNING COMMISSION905 Indiana Street
CITY OF SALEM
Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032
Tax Parcel 186-9-6 Buildings Parcels City Limits
Commercial
Downtown
Economic Development Area
Industrial
Institutional
Mixed Use
Public Parks and Recreational
Residential
Transitional
Tax Parcel 186-9-6 Buildings Parcels City Limits
CITY OF SALEM ITEM 4C
PLANNING COMMISSION
STAFF REPORT
Prepared by: Meeting Date:
City Administrative Staff July 12, 2017
Report prepared:
July 5, 2017
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.
SITE CHARACTERISTICS:
Zoning: LM Light Manufacturing
Future Land Use Plan Designation: Manufacturing
Proposed Zoning: LM Light Manufacturing
Existing Use: Vacant and Manufacturing
Proposed Use: Microbrewery and Manufacturing
BACKGROUND INFORMATION:
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.
AFFADAVIT OF MAILING PURSUANT TO S15.2.22A4
CODE OF VIRGINIA
PLANNING COMMISSION
JULY 12,2017
lTEi[ # 4C
This is to certify that I mailed letters in reference to the Special Exception Pennit 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# 51-34) to the following property
owners and adjacent property owners on June 28,2A17, in the 2:00 p.m. mail:
\{ERSEN USA-OXNARD CA INC
ilO BRANCH DR
3ALEM V424153
=RNEST
S O'BRYAN
'13
HAGAN ST
SALEM VA 24153
-EBANON SEABOARD CORP
1600 EAST CUMBERLAND ST
.EBANON PA 17042
Signed
City of Salem
CONMAT PROPERTIES LC
PO BOX 1347
HARRISONBURG VA228A1
BRENT V CALDWELL
625 HAGAN ST
SALEM VA24153
STMUSS PROPERTIES LLC
4552 FRANKLIN RD SW
ROANOKE VA24014
LAYMAN CANDY CO INC
PO BOX 1015
SALEM VA24153
VICKIE L YOUNG
633 HAGAN ST
SALEM VA 24153
on"4Jfrw
?ilil,:it?i1l.,:I.ilgJlii,as acknowredsed berore me tnisJsdoay or Tt.n( ,zol1 ,oy
@nurrr.nnFuEFc".{[i"i;;Ei'si"r"
My commission
"*pl."r,
ff\otch 31, d0l8
SALE m
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.
Propefi Owner/Petitioner:
Strauss Properties LLC and The Branch Family LLC, property owners and Ober
Brewing LLC, lessee
Location of Property:
1443 Lakeside Circle (Tax Map #51-3-4)
Purpose of Request:
For the issuance of a Special Exception Permit to allow a microbrewery on the property
located at 1443 Lakeside Circle.
The date, time, and place of the public hearing scheduled by the Planning Commission
on this request are as follows:
WeoresoAY, JULY 12,2017 -7 p.vt.
Cour,rcu- GxAvlgens, FrRsr FtooR, Seum Clry Hell
114 NonrH BRoAD Srneer, Snreu, Vtnclnn
The date, time, and place of the public hearing scheduled by City Council on this
request are as follows:
MoNolY, July 24,2017 -7:30 p.ur.
Cour.tct CHffraeens, FIRSI FrooR, Snlem Gtry Hau
114 Nonrx Bnolo SrReer, SlreM, Vrnclu
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 Norttr Broad Street, Salem, Virginia 24153 (540) 375-3007
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
Branch Drive
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1.156 Ac.
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0 100 20050
Feet±1 inch = 100 feet ITEM # CJULY 2017 PLANNING COMMISSION1443 Lakeside Circle
CITY OF SALEM
Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032
Tax Parcel 51-3-4 Buildings Parcels City Limits
Commercial
Downtown
Economic Development Area
Industrial
Institutional
Mixed Use
Public Parks and Recreational
Residential
Transitional
Tax Parcel 51-3-4 Buildings Parcels City Limits
CITY OF SALEM ITEM #4D
PLANNING COMMISSION
STAFF REPORT
Prepared by: Meeting Date:
City Administrative Staff July 12, 2017
Report prepared:
July 5, 2017
RE: Hold public hearing to consider amending Chapter 106, Zoning, of THE CODE OF THE CITY
OF SALEM, VIRGINIA.
BACKGROUND INFORMATION:
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.
SUMMARY OF PROPOSED CHANGES:
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.
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
Page 1
Sec. 106-210. – DBD – Downtown business district.
Sec. 106-210.1. - Statement of intent.
The DBD Downtown Business District has been created to recognize and
promote the unique character of Salem's downtown area. The district allows
and encourages, through flexible design standards, a mixture of
professional offices, financial services, government functions and
specialty retail. Upper floor residential uses are encouraged. Automobile
related uses are limited in the district. Overall, permitted uses, setbacks
and development standards are designed to maintain a downtown urban
character.
Sec. 106-210.2. - Permitted uses.
(B) The following uses are permitted by special exception in the DBD
Downtown Business District, subject to all other applicable
requirements contained in this chapter. An asterisk (*) indicates
that the use is subject to additional, modified or more stringent
standards as listed in article III, use and design standards.
5. Commercial Use Types
Assembly Hall
Commercial Indoor Amusement Dance Hall*
Hospital
Sec. 106-212. - TBD—Transitional business district.
Sec. 106-212.1. - Statement of intent.
The TBD Transitional Business District has been created in
recognition that there are commercial areas near downtown Salem that
exhibit patterns of development similar, but less intensive than, the
downtown business district. These areas are suitable for future
downtown-type uses and development patterns. The Ttransitional Bbusiness Ddistrict allows a mixture of professional offices, financial services,
government functions and specialty retail. Upper floor residential uses
similarly are encouraged. Automobile related uses are limited in the
district. Overall, setbacks and development standards are designed to
allow a downtown urban character.
Sec. 106-212.2. - Permitted uses.
(A) The following uses are permitted by right in the TBD Transitional
Business District, subject to all other applicable requirements
contained in this chapter. An asterisk (*) indicates that the use is
subject to additional, modified or more stringent standards as listed
in article III, use and design standards.
Page 2
5. Commercial Use Types
Antique Shops
Automobile Parts/Supply, Retail
Automobile Repair Services, Minor
Business or Trade School
Business Support Services
Commercial Indoor Entertainment
Communication Services
Consumer Repair Services
Convenience Store
Day Care Center *
Funeral Services
Homestay Inn *
Hotel/Motel/Motor Lodge Microbrewery* Microdistillery*
Pawn Shop
Personal Improvement Services
Personal Services
Restaurant
Retail Sales
Studio, Fine Arts
Veterinary Hospital/Clinic
Sec. 106-214. - HBD—Highway business district.
Sec. 106-214.1. - Statement of intent.
The HBD Highway Business District has been created to provide and
allow a wide variety of commercial and service uses that are typically
found along or near major transportation arterials. This district
provides a location and development standards for more intensive
commercial uses not appropriate for the Downtown (DBD) or Residential
(RB) Districts.
Sec. 106-214.2. - Permitted uses.
(A) The following uses are permitted by right in the HBD Highway
Business District, subject to all other applicable requirements
contained in this chapter. An asterisk (*) indicates that the use is
subject to additional, modified or more stringent standards as listed
in Article III, Use and Design Standards
5. Commercial Use Types
Agricultural Services
Antique Shops
Assembly Hall
Page 3
Athletic Instruction Services
Automobile Dealership, New *
Automobile Parts/Supply, Retail
Automobile Rental/Leasing
Automobile Repair Services, Minor
Business or Trade School
Business Support Services
Car Wash
Commercial Indoor Amusement
Commercial Indoor Entertainment
Commercial Indoor Sports and Recreation
Commercial Outdoor Entertainment
Commercial Outdoor Sports and Recreation
Communication Services
Construction Sales and Services
Consumer Repair Services
Convenience Store
Day Care Center *
Equipment Sales and Rental
Funeral Services
Garden Center
Gasoline Station
Golf Course
Homestay Inn *
Hotel/Motel/Motor Lodge
Kennel, Commercial
Laundry
Pawn Shop
Personal Improvement Services
Personal Services Personal Storage *
Recreational Vehicle Sales and Service *
Restaurant
Retail Sales
Studio, Fine Arts
Veterinary Hospital/Clinic
(B) The following uses are permitted by special exception in the HBD
Highway Business District, subject to all other applicable
requirements contained in this chapter. An asterisk (*) indicates
that the use is subject to additional, modified or more stringent
standards as listed in Article III, Use and Design Standards
5. Commercial Use Types
Adult Business *
Automobile Dealership, Used *
Automobile Repair Services, Major *
Dance Hall
Flea Market
Page 4
Hospital
Manufactured Home Sales * Massage Parlor Personal Storage *
Truck Stop
Sec. 106-218. - LM—Light manufacturing district.
Sec. 106-218.1. - Statement of intent.
The LM Light Manufacturing District is created to establish and
preserve areas within the city that are suitable for business and light
industrial uses. LM Light Manufacturing districts are the location of a
significant portion of the city's employment base. The district allows a
wide variety of industrial and warehouse uses and activities that occur
primarily within enclosed structures, with minimal or no environmental
impacts associated with smoke, odor, and noise.
Sec. 106-218.2. - Permitted uses.
(A) The following uses are permitted by right in the LM Light
Manufacturing District, subject to all other applicable requirements
contained in this chapter. An asterisk (*) indicates that the use is
subject to additional, modified or more stringent standards as listed
in Article III, Use and Design Standards.
5. Commercial Use Types
Agricultural Services
Automotive Repair Services, Major
Business Support Services
Day Care Center *
Equipment Sales and Rental
Laundry
Manufactured Home Sales * Personal Storage *
Truck Stop
(B) The following uses are permitted by special exception in the LM
Light Manufacturing District, subject to all other applicable
requirements contained in this chapter. An asterisk (*) indicates
that the use is subject to additional, modified or more stringent
standards as listed in Article III, Use and Design Standards.
5. Commercial Use Types
Athletic Instruction Services Personal Storage *
Sec. 106-220. - HM—Heavy manufacturing district.
Page 5
Sec. 106-220.1. - Statement of intent.
The HM Heavy Manufacturing District is created to establish and
preserve areas within the city that are suitable for business and more
intensive industrial uses. The district allows a wide variety of
intensive industrial and warehouse uses. Manufacturing activities and
uses within the district occur primarily within enclosed structures, but
uses have significant outdoor storage needs.
Sec. 106-220.2. - Permitted uses.
(A) The following uses are permitted by right in the HM Heavy
Manufacturing District, subject to all other applicable requirements
contained in this chapter. An asterisk (*) indicates that the use is
subject to additional, modified or more stringent standards as listed
in Article III, Use and Design Standards.
5. Commercial Use Types
Automotive Repair Services, Major
Business Support Services
Day Care Center *
Equipment Sales and Rental
Laundry
Manufactured Home Sales * Personal Storage *
Transportation Terminal
Truck Stop
(B) The following uses are permitted by special exception in the HM
Heavy Manufacturing District, subject to all other applicable
requirements contained in this chapter. An asterisk (*) indicates
that the use is subject to additional, modified or more stringent
standards as listed in Article III, Use and Design Standards.
5. Commercial Use Types
Athletic Instruction Services Personal Storage *
Recreational Vehicle Sales and Service *
Sec. 106-310.23. – Dance Hall.
(A) General standards:
None
(B) Standards in DBD District:
Hotels, restaurants, microbreweries, and microdistilleries that contain a dance floor of up to 50% or less of the total floor area subordinate to the primary use shall be considered an accessory use and not a dance hall for the purposes of this chapter.
Page 6
Sec. 106-402.1. - General requirements.
(A) These provisions shall apply to all developments requiring a site
plan as specified by this chapter. All required landscaped plans shall
be prepared by a licensed professional knowledgeable of plant materials
and landscape design.
(B) All plantings required by this article shall be selected from Sec. 106-402.29, Approved Planting List.
Sec. 106-402.29. – Approved Planting List. Where landscaping is
required by this section, the following standards shall apply:
(A) Buffer yards as required by this section.
Approved trees: (NOTE: pH and soil samples are strongly recommended before selecting a particular species.)
Large Evergreen Trees: height > 50’ at maturity
Trees Species Size at Maturity Shape
Cryptomeria japonica 50x20 Upright / Conical
Atlas Cedar 40x30 Upright / Conical
Deodar Cedar 40x30 Upright / Conical
Spruce: Norway, Serbian, Oriental 50x20 Upright / Conical
Eastern White Pine 50x20 Upright
Small Evergreen Trees: height > 15’ at maturity
American Holly 20x15 Conical
Eastern Red Cedar variable Upright / Conical
Chinese Juniper ‘Spartan’ 20x6’ Columnar
Arborvitae ‘Emerald Green’, ‘Green Giant’ 20x6’ Columnar
American Holly 20x15 Upright / Conical
Evergreen Shrubs: height > 6’ at maturity
Holly*
Page 7
Juniper*
Viburnum*
(B) Perimeter landscapes as required by this section.
Approved trees: (NOTE: pH and soil samples are strongly recommended before selecting a particular species.)
Canopy Trees Species Size at Maturity Shape
Lacebark Elm Over 45’ Pyramidal
Regal Elm Over 55’ Pyramidal
Ginkgo (non-fruiting culitvars) Over 55’ Pyramidal
Thornless Honeylocust Over 45’ Oval
American Hornbeam cultivars 30-45’ Oval
European Hornbeam 30-45’ Fastigiated
‘Autumn Blaze’ Red Maple Over 45’ Oval
‘October Glory’ Red Maple Over 45’ Oval
Freeman Maple Over 45’ Oval
Oak* * *
Sweetgum Over 50’ Pyramidal
Blackgum Over 45’ Upright
‘Heritage’ River Birch Over 45’ Upright
American Yellowwood Over 45’ Broad
Sophora Over 30’ Broad
Dawn Redwood Over 50’ Conical
Katsura Tree Over 40’ Broad
Zelkova* Over 45’ Vase
American Linden** Over 50’ Oval
*Most oak tree species that are hardy to USDA Zone 7 are acceptable for
canopy tree areas.
** Linden approval dependent upon site / location.
Small Trees Species with approval of the City Horticulturist: for use in areas where canopy trees are not acceptable.
Redbud sp. 20’x20’ Oval
Trident Maple 25’x20’ Oval
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Serviceberry sp. 20’x15’ Globe
Kousa Dogwood 20’x20’ Oval
‘Winter King’ Hawthorn 25’x25’ Oval
Star Magnolia – Single Stem 20’x20’ Pyramidal
Disease-resistant Crabapple 20’x20’ Rounded
‘Yoshino’ Cherry 35’x35’ Rounded
‘Okame’ Cherry 20’x20’ Oval
Golden Rain Tree 25’x25’ Rounded
Japanese Tree Lilac 20’x15’ Globe
(C) Substitution of species may be allowed at the discretion of the Administrator in conjunction with the City Horticulturist.
Sec. 106-602. - Use types.
Sec. 106-602.9. - Commercial 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:]
Massage parlor. Establishments having a fixed place of business
where any person other than a massage therapist, as licensed by the
Virginia Board of Nursing, administers or gives any kind or character
of massage, manipulation of the body or other similar procedure.
Massage therapy as licensed by the Virginia Board of Nursing shall be
considered a personal service. This definition shall not be
construed to include a hospital, nursing home, medical clinic, or the
office of a duly licensed physician, surgeon, physical therapist,
chiropractor, osteopath, or a barber shop or beauty salon in which
massages are administered only to the scalp, the face, the neck, or
the shoulders, or an exercise club where massage is performed by a
person of the same sex as the subject of the massage.