HomeMy WebLinkAbout8/12/2020 - Planning Commission - Agenda -RegularPlanni ng Commission Meeti ng
AGENDA
Wednesday, August 12, 2020, 7:00 PM
Salem Civic Center, Community Room, 1001 Roanoke Boulevard, Salem, VA 24153
1.Call to Order
2.Pledge of Allegiance
3.Consent Agenda
A.Minutes
Consider acceptance of the minutes from the J une 10, 2020, regular meeting.
4.New Business
A.Special Exception P ermit
Hold public hearing to consider the request of Riverland Oaks, LLC , contract purchaser, and Higgs
Family Trust, property owner, for the issuance of a Special Exception Permit to allow a two-family
dwelling on the property located at 422 South Broad Street (Tax Map # 145-12-7).
B.Amendment to the Zoning Ordinance
Hold public hearing to consider the request of Boone T homas, applicant, and Edward Andrew
Riner Revocable Declaration of Trust, Edward Andrew Riner - Trustee, property owner, for
rezoning the property located at 201 Northern Trail (Tax Map # 10-1-1.1) from RSF Residential
Single Family District w/conditions to RSF Residential Single Family District w/ amended
conditions.
5.Adjournment
Planni ng Commi ssi on Meeti ng
M INUTES
Wednesday, June 10, 2020, 7:00 PM
City Hall, Council Chambers, 114 N. Broad Street, Salem, VA 24153
1.C all to Order
A regular meeting of the Planning C ommission of the C ity of Salem, Virginia, was
called to order at 7:00 p.m., there being present all the members to wit: Vicki G.
Daulton, C hair; Denise P. King, Vice Chair; Reid A. Garst II, N. J ackson Beamer,
and Neil L. Conner; with Vicki G. Daulton, Chair, presiding; together with Mary
Ellen Wines, Zoning Administrator, and Benjamin W. Tripp, C ity Planner.
Neil Conner motioned to appoint Mary Ellen Wines as Executive Secretary Pro
Tem for this meeting of the Planning C ommission. N. J ackson Beamer seconded the
motion.
Aye: C onner, Beamer, Garst, King, Daulton
D U E TO AN E QU I P ME N T MAL F U N C T I ON, T H E SE MI N U T E S
WE RE P RE PARE D WI T HOU T T HE U SE OF AN AU D I O
RE C ORD I N G.
2.Pledge of Allegiance
3.C onsent Agenda
A.Minutes
Consider acceptance of the minutes from the February 12, 2020, work session and
regular meeting.
Accepted as presented
4.New Business
A.P rocedures for Electronic P ublic Meetings and P ublic Hearings
Consider the adoption of a resolution to allow procedures for electronic public
meetings and public hearings to ensure the continuity of government during the
C O VID-19 pandemic disaster.
Mr. Tripp discussed the proposed Remote Participation Policy for consideration of
the Planning C ommission to allow limited participation of two members
electronically at Planning C ommission meetings. He noted this has been provided
for and allowed under the Freedom of Information Act for a number of years. C ity
C ouncil and the Salem School Board have each adopted a policy. He also
discussed a proposed resolution for consideration by the Planning C ommission to
allow procedures for electronic public meetings and public hearings to ensure the
continuity of government during the C O VID-19 pandemic disaster. He noted the
resolution would allow all encompassing electronic meetings pursuant to Section
15.2-1413 of the State C ode. It is limited to circumstances that are defined as a
“disaster” and can remain in effect for a 6-month period. C ity Council has approved
an Emergency Ordinance, and the School Board has also approved the Resolution
incorporating the Emergency Ordinance of City C ouncil. T he Economic
Development Authority and the Board of Equalization have approved them as well.
Vice C hair King motioned to approve the Remote Participation Policy for meetings
of the Planning C ommission of the C ity of Salem. Neil C onner seconded the
motion.
Ayes: Conner, Beamer, Garst, King, Daulton
Reid Garst motioned to adopt the resolution to allow procedures for electronic
public meetings and public hearings to ensure the continuity of government during
the C O VID-19 pandemic. J ackson Beamer seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
B.Special Exception P ermit
Hold public hearing to consider the request of Laura Owen, dba Breaking Ground
Investments, LLC , property owner and Mount Regis Center, lessee, for the issuance
of a Special Exception Permit to allow an outpatient mental health and substance
abuse clinic on the property located at 120 Roanoke Boulevard (Tax Map # 121-9-
3) with proffered conditions.
T he Executive Secretary Pro Tem reported that notice of said hearing had been
published in the May 28, and J une 4, 2020, issues of the Salem Times Register, and
all property owners were notified by letter mailed May 20, 2020.
Staff noted the following regarding the request: the subject property consists of a
single parcel of approximately 0.186 acres, located on the south side of Boulevard,
near the intersection with South C olorado Street. T he property is occupied by a
single-story office building with parking in the rear. T his request is to renew the
existing Special Exception Permit for an additional two years, in order to allow
Mount Regis Center to continue to operate their out-patient counseling services
from this location. All existing conditions would continue. T he existing conditions
are: 1. T he permit will be for a period of two years. 2. T he request is limited for the
purposes of business offices, outpatient counseling, family counseling, and public
education. In particular, this means no medications will be stored, dispensed, or
associated in any way with these services at this location. 3. T he hours of operation
for the counseling services will be from 12 PM to 9:30 PM, Monday through Friday
only.
C hair Daulton opened the public hearing and asked if there was anyone to speak
regarding this request.
C urt Lane, C EO of Mount Regis C enter, 125 Knotbreak Road appeared before the
C ommission explaining the Special Exception Permit request. He read the letter
submitted to the C ity along with the petition for the benefit of those in attendance.
He also discussed the proffered conditions which would continue for the property.
C hair Daulton asked if there was anyone else to speak on this matter. T here was no
response, and the public hearing was closed.
Neil Conner motioned to recommend to the Council of the City of Salem that the
request of Laura and Robert Owen, property owners, and Mount Regis Center,
lessee, for the issuance of a Special Exception Permit to allow an outpatient mental
health counseling center on the property located at 120 Roanoke Boulevard (Tax
Map #121-9-3) be approved with the following proffered conditions: (1) T he permit
will be for a period of two years; (2) the request is limited for the purposes of
business offices, outpatient counseling, family counseling, and public education. In
particular, this means no medications will be stored, dispensed or associated in any
way with these services at this location; and (3) the hours of operation for the
counseling services will be from 12 PM to 9:30 PM, Monday through Friday only.
Reid Garst seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
C .Special Exception P ermit
Hold public hearing to consider the request of Salem Montessori School, Inc.,
property owner, for the issuance of a Special Exception Permit to allow educational
facilities, primary/secondary on the property located at 1574 Roanoke Boulevard
(Tax Map # 222 - 1 - 2).
T he Executive Secretary Pro Tem reported that notice of said hearing had been
published in the May 28, and J une 4, 2020, issues of the Salem Times Register, and
all property owners were notified by letter mailed May 20, 2020.
Staff noted the following regarding the request: the subject property consists of a
single parcel of approximately 0.5 acres, located on the southwest corner of
Boulevard - Roanoke and Alberta Drive, across from the General Electric facility.
T he property is occupied by a converted two-story dwelling which was previously
used as a Montessori school. T his request is to issue a Special Exception Permit to
allow Salem Montessori to use this facility again. Prior to building their new school
on the “Elizabeth C ampus”, this was their primary facility. After moving, this
location remained vacant for a period of longer than two years and lost its
grandfathering, thus a new permit must be issued for it to be used again.
C hair Daulton opened the public hearing and asked if there was anyone to speak
regarding this request.
Valerie Vanderhooven, property owner/Directress, appeared before the Commission
in support of the Special Exception Permit request. She noted the school occupied
the property from 1993 to 2017 as a school/daycare for 23 years until they built new
facilities at 101 and 107 C orporate Blvd in Salem. T hey have had the property on
and off the market for the past three years with little interest. T hey would like to
move their elementary and middle school programs back to this location as soon as
possible in preparation for the start of the 2020-2021 school year. C urrently they
have a total of 35 students in our elementary and middle school programs. T hey will
accept a total of 40 students for this coming school year, 2020-2021. T hey will start
the 2020-2021 school year with four full-time staff members on the campus with a
maximum of 6 staff members at one time. She noted the older students need more
space for their supplemental learning curriculum, including our award-winning
Robotics team, music, and art, along with gardening and S T EM programs. Further,
moving the elementary and middle school programs back to this location will
provide their students with the additional space they require for optimal learning.
She stated she would be glad to answer any questions the C ommission might have.
Elizabeth C uret of 1600 Alberta Drive appeared before the C ommission in regards
the request. She noted that she was concerned about the traffic but did not realize
that it would be so few students. She suggested that the parents might want to exit
through the neighborhood rather than turning around.
C hair Daulton asked if there was anyone else to speak on this matter. T here was no
response, and the public hearing was closed.
Neil Conner motioned to recommend to the Council of the City of Salem that the
request of Salem Montessori School, Inc., property owner, for the issuance of a
Special Exception Permit to allow educational facilities, primary/secondary on the
property located at 1574 Roanoke Boulevard (Tax Map # 222-1-2) be approved
subject to the following conditions: (1) only 1st through 8th grade classes and (2) no
more than 60 students and 6 staff members. Denise King seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
D.Special Exception P ermit
Hold public hearing to consider the request of Professional Auto Towing & Service,
Inc., property owner, for the issuance of a Special Exception Permit to allow
automobile repair services, major on the properties located at 707 and 711 Kesler
Mill Road (Tax Map #s 34-1-2.1 and 34-1-2).
T he Executive Secretary Pro Tem reported that notice of said hearing had been
published in the May 28, and J une 4, 2020, issues of the Salem Times Register, and
all property owners were notified by letter mailed May 20, 2020.
Staff noted the following regarding the request: the subject property consists of a
two parcels of approximately 0.8 acres, located on the west side of Kesler Mill
Road, just south of Parkway Brewing. T he property is occupied by an office and
associated automobile repair buildings. T his request is to legitimize and expand a
grandfathered use. C urrently, “Major” automobile repair services are allowed in
HBD by Special Exception Permit only. T he existing facility likely predates this
requirement and is allowed as a grandfathered use. However, the owners would like
to add a second floor to an existing building, which would expand the use. In order
to allow this expansion, a Special Exception Permit is required, which removes the
grandfathering.
C hair Daulton opened the public hearing and asked if there was anyone to speak
regarding this request.
Mr. Barney Horrell with Brushy Mountain Engineering PLLC , representing the
property owner, appeared before the C ommission explaining the Special Exception
Permit request. T he business, Professional Auto Towing and Service, has been
providing automobile repairs and towing services at their location on Kesler Mill for
three generations. In early J une 2019 the business suffered a structural fire which
has resulted in a loss of more than half of their garage bays and all of our office
space. T hey have continued to operate in the remaining garage space and doing the
office and support services from home. T hey remain committed to serving the
Salem community and are planning some improvements and an expansion to the
building to create much needed office space. T he existing building and business
operation are allowed as a grandfathered use in the HBD zoning. HBD does allow
for vehicle repairs and towing with a Special Exception for use type "Automobile
Repair Services, Major." With this application, they are requesting a Special
Exception to bring the business use into compliance with the current zoning
classification of the property. He further noted Dennis C hristian J r., property owner
and business operator, was in attendance if the C ommission had any questions for
him.
Mr. C onner asked how many vehicles would be on site at any one time, and Mr.
C hristian noted up to 10 salvage vehicles and 5-10 wrecked vehicles at the most.
C hair Daulton asked if there was anyone else to speak on this matter. T here was no
response, and the public hearing was closed.
J ackson Beamer motioned to recommend to the Council of the City of Salem that
the request of Professional Auto Towing & Service, Inc., for the issuance of a
Special Exception Permit to allow automobile repair services, major on the
properties located at 707 and 711 Kesler Mill Road (Tax Map #s 34-1-2.1 and 34-
1-2) be approved. Neil C onner seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
5.Adjournment
T he meeting was adjourned at 7:46 p.m.
CITY OF SALEM ITEM 4A
PLANNING COMMISSION
STAFF REPORT
Prepared by: Meeting Date:
City Administrative Staff August 12,
2020
Report prepared:
August 5, 2020
RE: Hold public hearing to consider the request of Riverland Oaks, LLC,
contract purchaser, and Higgs Family Trust, property owner, for the
issuance of a Special Exception Permit to allow a two-family dwelling on
the property located at 422 South Broad Street (Tax Map # 145-12-7).
SITE CHARACTERISTICS:
Zoning: RSF Residential Single-Family District
Future Land Use Plan Designation: Residential
Existing Use: Vacant
Proposed Use: Two-Family Dwelling
BACKGROUND INFORMATION:
The subject property consists of a single parcel of 0.277 acres, with a
lot width of forty-six (46) feet and a depth of two hundred sixty two
(262) feet. It is located on the east side of South Broad Street, to
the north of the intersection with Gray Alley. The property fronts both
on South Broad Street and White Oak Street.
The property is currently vacant as the existing home was demolished in
January 2005. In March of that same year the Board of Zoning Appeals
denied a variance request that would have allowed a reduction in lot
width and area so the lot could be subdivided, and two single-family
dwellings built.
The petitioner is requesting a permit to allow a front to back two-
family dwelling.
ISSUES:
The portion of the lot furthest east lies within the 100-year floodplain.
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
W
h
i
t
e
O
a
k
S
t
r
e
e
t
S t e w a r t A l l e y
B
i
s
h
o
p
A
l
l
e
y
S c h o o l L a n e E a s t 2 n d S t r e e t
S
o
u
t
h
B
r
o
a
d
S
t
r
e
e
t
E a s t 3 r d S t r e e t
S
o
u
t
h
M
a
r
k
e
t
S
t
r
e
e
t
W
h
i
t
e
O
a
k
S
t
r
e
e
t
S
o
u
t
h
B
r
o
a
d
S
t
r
e
e
t
1
s
t
C
h
u
r
c
h
o
f
J
e
s
u
s
,
P
B
1
0
,
P
g
.
7
1
E
l
a
m
,
P
B
1
1
,
P
G
7
9
E
l
a
m
,
P
B
1
0
,
P
G
9
9
D
r
o
p
m
o
r
e
M
a
p
E
l
a
m
,
P
B
9
,
P
G
5
3
E
l
a
m
,
P
B
9
,
P
G
1
2
E
v
e
r
e
t
t
R
e
s
u
b
,
D
B
2
7
7
,
P
G
3
9
4
H u g h e s & E v e r e t t , P B 7 , P G 3 2
J
a
s
s
,
P
B
1
4
,
P
G
2
3
E
v
e
r
e
t
t
,
P
B
1
5
,
P
G
7
9
E
v
e
r
e
t
t
,
P
B
1
5
,
P
G
7
9
17B
18A 18B
19B
21B
12
16A 1616B
77A77B
1010A
106
107
108
109
70
3
5
673
75B
75A
76B
76A
10
11
13
14
15
17
18
B
A
1
7
6
5 12
22
31
28
26
2
4
5
7
9
11
14
16
9
11
16
18
23
24
20
21
A
56
55
111
110
96
1
3
6
8
10
1213
15
32
30
29
27
B
2A
29A14A14B
18B18A
7
8
6
9
10
1167
66
103
102B
102A
101A
101B
100
99
7 878A
7 998
8 097
A
B
D
C
B
A
74
73A
19
20
21
22
13
14
15 17
19
54
68
69
104
105
4
5
19A
20A
22B21A
17A
12B12A12A-1 12B-1
6
0
3 6
4 0
5 0
1
6
4 0
6 0
1 6
1
6
1
6
.
5
1
6
1
5
1 6
1
5
"2"
1 2 /0 8 /8 8 D .B . 1 4 5 p g . 3 3
V a c a t e d P t . 3 r d S t .
V a c a t e d 1 6 ' S t e w a r t A l l e y 5 /1 8 /0 6 , R e s o l u t i o n N o . 1 0 7 0
Blk. "1"
"1"4
6
7
8
9
11
1
5
7
6
2
1
4 5
67
8
9
10
1
2
3
45
5.1 6
7
10
1
2
9.1
7
65
4
4.1
3
1
2
4 8
7
3
6
1.3
2
3
4
8
1
2
2.1
3
4
5
1011
12
13
14
3
78
1
2
4
5 71
3
5
3
3.1
9
10
10.1
10.2
10.3
5
6
9
2
4
5
3
15
3
4
5
9
8
6
4
4
4
5
11
6
7
13
12
88
1
1.2
1.1
5
9
7
0
.
0
0
1
2
5
.
0
0
4
3
0
.
0
0
1 6 0 .0 0
1 6 0 .0 0
1
4
0
.
0
0
7
0
.
0
0
7
0
.
0
0
1 3 1 .0 0
1 3 1 .0 0
6
6
.
0
0
6
6
.
0
0
5
8
.
5
0
1 8 3 .0 0
1 8 3 .2 4
1 8 0 .0 0
6
6
.
0
0
6
6
.
0
0
1 8 0 .0 0
1 8 0 .0 0
1 7 7 .0 0
1 7 7 .0 0
1 8 3 .0 0
6
6
.
0
0
6
6
.
0
0
6
6
.
0
0
7
3
.
0
0
6
6
.
0
0
6
8
.
0
0
6
6
.
0
0
6
6
.
0
0
5
1
.
7
5
5
1
.
7
5
9
9
.
0
0
3
1
.
3
0
6
6
.
0
0
6
6
.
0
0
6
6
.
0
0
6
6
.
0
0
3
3
.
0
0
6
6
.
0
0
6
6
.
0
0
1 2 5 .0 0
1 2 5 .0 0
1 2 5 .0 0
1 2 5 .0 0
1 2 5 .0 0
5
0
.
0
0
5
0
.
0
0
3
5
.
0
0
5
0
.
0
0
2
5
.
0
0
3
5
.
0
0
5
0
.
0
0
5
0
.
0
0
2
5
.
0
0
7
5
.
0
0
1 2 5 .0 0
1 2 5 .0 0
1 2 5 .0 0 1
0
0
.
0
0
1 2 5 .0 0
5
0
.
0
0
2
5
.
0
0
2
5
.
0
0
7
5
.
0
0
8 3 .0 0
8 6 .8
8 3 .0 0
8 3 .0 0
8 6 .7 1
7 5 .0 0
9 0 .0 0
8 3 .0 0
8 6 .6 3
7
5
.
0
0
5
0
.
0
0
5
0
.
0
0
7
5
.
0
0
5
0
.
0
0
7
5
.
0
0
7
5
.
0
0
3
5
.
0
0
5
0
.
0
0
5
0
.
0
0
5
0
.
0
0
5
0
.
0
0
5
0
.
0
0
7 5 .0 0
5
0
.
0
0
1 6 9 .1 0
1 6 9 .1 0
7
5
.
0
0
4
0
.
0
0
1
0
5
.
0
0
4
0
.
0
0
9 4 .8 0
9 0 .0 0
3
0
.
0
0
3
0
.
0
0
1 3 1 .0 0
1 3 1 .0 0
1 3 6 .0 0
1 3 1 .1 2
7
.
0
6
2
.
0
0
4 .8 8
1 2 6 .0 0
2 6 2 .0 0
1 1 0 .0 0
2 6 2 .0 0152.0 0
6
6
.
0
0
1 3 1 .0 0
1 1 0 .0 0
1 2 5 .0 0
6
6
.
0
0
1 5 2 .0 0131.0 0
1 7 7 .0 0
6
6
.
0
0
5
4
.
0
0
6
6
.
0
0
1 8 2 .0 0
1 8 0 .0 0
1 0 3 .4 8
4 0 .0 0
7 7 .0 0
6
9
.
2
5
7
2
.
5
0
5
4
.
3
9
7 7 .0 0 4 0 .0 0
1 0 0 .8 8
3
9
.
0
0
7
2
.
5
4
7
2
.
5
0
1 4 0 .8 7
5
1
.
7
5
1 8 0 .0 0
1 4 6 .0 0
1 1 6 .0 0
6
6
.
0
0
1 1 6 .0 0
1 2 5 .0 0 6
6
.
0
0
1 4 6 .0 0
1 3 7 .0 0
1 3 7 .0 0
1 3 1 .0 0
1
0
0
.
0
0
6
6
.
0
0
6
6
.
0
0
3
3
.
0
0
5
.
0
0
2
7
.
0
0
1
3
2
.
0
0
2
7
.
0
0
1 8 1 .2 0
1 4 0 .9 9
1 7 7 .0 0
1 8 1 .8 3
1 7 7 .0 0
1 8 1 .9 0
1 8 1 .7 0
1 8 1 .7 7
1 8 1 .8 3
1 8 1 .6 4
3
3
.
1
9
3
3
.
1
9
3
1
.
3
0
3
1
.
3
0
3
1
.
3
0
3
1
.
3
0
3
1
.
3
0
3
1
.
3
0
1 8 1 .8 3
1 8 1 .8 3
6
6
.
0
0
6
6
.
0
0 6 3 .1 1
1 1 9 .8 96
6
.
0
0
6 3 .1 1
1 8 3 .0 0
1 1 9 .8 9
1 8 3 .0 0
9
9
.
0
0
3
3
.
0
0
3
3
.
0
0
2
5
.
0
0
6
6
.
0
0 3
3
.
0
0
3
5
.
0
0
5
6
.
9
0
5
6
.
0
0
5
5
.
0
0
1 3 1 .8 0
1 3 1 .0 0
1 3 1 .8 0
1 3 0 .0 0
7
4
.
8
3
1 2 5 .0 0
1 2 5 .0 0
1 2 5 .0 0
1 2 5 .0 0
7 7 .4 6
9 3 .3 2
7
5
.
3
3
3
7
.
5
0
3
7
.
5
0
3
7
.
5
0
3
7
.
5
0
3
7
.
5
0
7
5
.
4
3
9 6 .0 0
1 6 4 .0 0
9 3 .0 4
9 6 .0 0
6
5
.
0
0
3
5
.
0
0
1 7 7 .0 0
1 7 7 .0 0
1 7 7 .0 0
1 7 7 .0 0
1 7 7 .0 0
4
1
.
0
0
1 7 7 .0 0
1 7 6 .4 3
1 8 1 .8 4
3
3
.
0
0
2
7
.
0
0
2
7
.
0
0
3
9
.
0
0
7
2
.
5
0
1 8 3 .0 0
5
0
.
0
0
1 3 0 .9 5
6
6
.
0
0
6
4
.
0
0
6
6
.
0
0
5
4
.
0
0
7
8
.
0
0
1 3 1 .0 0
1 3 1 .0 0
1 3 1 .0 0
1
3
2
.
0
0
62.34
1 8 1 .8 3
1 8 2 .6 3
6
6
.
0
1
1 4 0 .8 0
7
8
.
0
0
6
6
.
0
0
6 6 .0 0
6 6 .0 0
2
7
5
.
0
0
1
4
0
.
0
0
1 2 5 .0 0
1
3
2
.
0
0
1
3
2
.
0
0
1 2 9 .2 0
1 2 9 .2 0
1 2 9 .2 0
7 5 .0 0
5
0
.
0
0
8
5
.
0
0
9
1
.
0
0
1 3 1 .0 0
6
6
.
0
0
3
1
.
3
0
3
1
.
3
0
3
1
.
3
0
3
5
.
0
4
6
6
.
0
0
1
1
3
.
9
0
5
5
.
0
0
5
5
.
0
0
5
6
.
0
0
5
6
.
0
0
6
9
.
0
0
3
3
.
0
0
4
6
.
0
0
6
6
.
0
0
6
6
.
0
0
6
6
.
0
0
6
6
.
0
0
6
2
.
0
0
4
0
.
0
0
4
6
.
0
0
6
6
.
0
0
6
6
.
0
0
6
6
.
0
0
6
6
.
0
0
1 2 5 .0 0
5
0
.
0
0
5
0
.
0
0
5
0
.
0
0
5
0
.
0
0
5
0
.
0
0
7 7 .4 6
5
0
.
0
0
5
0
.
0
0
2
5
.
0
0
5
0
.
0
0
5
0
.
0
0
5
0
.
0
0
5
0
.
0
0
5
0
.
0
0
5
0
.
0
0
5
0
.
0
0
5
0
.
0
0
1
0
0
.
0
0
1 2 5 .0 0
1 2 5 .0 0
1 2 5 .0 0
2
5
.
0
0
7
5
.
0
0
5
0
.
0
0
7
5
.
0
0
3
7
.
5
0
3
7
.
5
0
1 2 5 .0 0
1 2 5 .0 0
1 2 5 .0 0
1 2 5 .0 0
1 2 5 .0 0
6
6
.
0
0
1 1 8 .0 0
1 4 3 .0 0
6
6
.
0
0
1 4 3 .0 0
1 2 6 .0 0
9
4
3
11
12
2
13
14
1
5
4
10
1
5
0
4
4
4
0
4
3
4
5
0
8
5
0
9
5
0
7
5
0
7
3
2
0
3
1
4
3
1
0
3
2
8
4
3
9
4
3
5
4
1
7
4
1
1
3
1
3
3
1
7
3
4
1
4
2
5
4
2
9
4
1
4
4
2
6
4
2
4
4
2
0
4
1
8
4
1
6
1 0 1
3
1
7
3
2
1
4
3
3
4
2
5
4
2
9
4
2
7
4
2
1
4
1
7
4
1
3
4
0
9
4
0
5
4
0
1
3
2
7
3
2
5
3
2
1
3
1
7
4
1
7
4
1
5
4
0
6
4
2
6
3
2
0
1 0 0
2 8
1 3 -1 119
1 0
1 3
3
1
4
5
0
1
4
0
9
4
0
7
4
0
5
4
0
3
3
1
9
-
3
2
1
-
3
2
3
-
3
2
5
3
2
7
-
3
2
9
-
3
3
1
-
3
3
3
4
0
9
-
4
1
1
4
0
8
4
1
0
5
1
5
A
-
D
5
1
4
1
6
5
0
5
4
3
4
4
5
0
5
1
7
4
2
2
4
2
6
4
2
8
4
1
8
4
1
2
4
0
6
-
4
0
8
4
0
2
4
0
8
4
1
6
4
1
2
4
2
0
4
2
4
3
1
4
3
3
0
3
1
6
-
3
1
8
5
0
0
-
5
0
2
-
5
0
4
-
5
0
6
5
0
8
-
5
1
0
5
1
2
5
1
8
5
2
2
5
1
5
3
2
5
A
-
B
1.996 Ac. (c)
0.164 Ac.0.130 Ac.
0.215 Ac.
0.187 Ac.
0.207 Ac.0.167 Ac.
0.172 Ac.
0.415 Ac.
0 .1 0 8 A c .
0 .2 6 8 A c .
0 .2 1 6 A c .
0 .1 7 8 A c .
0 100 20050
Feet±1 inch = 100 feet AUGUST PL ANNING COMMISSION ITEM 1422 SOU TH BROAD ST.
CITY OF SALEM
Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032
Tax Parcel 145-12-7 Buildings Parcels City Limits
Commercial
Downtown
Economic Development Area
Industrial
Institutional
Mixed Use
Public Parks and Recreational
Residential
Transitional
Tax Parcel 145-12-7 Buildings Parcels City Limits
MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip
145-12-7 422 S BROAD ST HIGGS FAMILY TRUST THOMAS E HIGGS, TRUSTEE 1440 PARADISE POINT DR UNIT 31 NAVARRE FL 32566
145-12-8 426 S BROAD ST SUNSET RIDGE HOLDINGS LLC P O BOX 4327 LYNCHBURG VA 24502
145-12-5 418 S BROAD ST MARNIQUE CELESTINE FOSTER-HOWE MAXINE LAURETTA JOINER 1705 LONNA DR NW ROANOKE VA 24019
145-12-6 417 WHITE OAK ST ALVIN J EVERETT SHIRLEY H EVERETT 1239 WILDWOOD RD SALEM VA 24153
145-10-5.1 400 BLK WHITE OAK ST CALVIN E CARROLL JR 1905 12 O'CLOCK KNOB RD SALEM VA 24153
145-10-5 400 BLK WHITE OAK ST JOSEPH JETER ET AL 518 S BROAD ST SALEM VA 24153
145-10-8 421 S MARKET ST CAROLYN W HELM P O BOX 6568 ROANOIKE VA 24017
145-13-3 417 S BROAD ST BRUCE G RAINES III 417 S BROAD ST SALEM VA 24153
145-13-5 425 S BROAD ST ALVIN J EVERETT SHIRLEY H EVERETT 1239 WILDWOOD RD SALEM VA 24153
CITY OF SALEM ITEM 4B
PLANNING COMMISSION
STAFF REPORT
Prepared by: Meeting Date:
City Administrative Staff August 12,
2020
Report prepared:
August 5, 2020
RE: Hold public hearing to consider the request of Boone Thomas,
applicant, and Edward Andrew Riner Revocable Declaration of Trust, Edward
Andrew Riner - Trustee, property owner, for rezoning the property located
at 201 Northern Trail (Tax Map # 10-1-1.1) from RSF Residential Single
Family District w/conditions to RSF Residential Single Family District
with amended conditions.
SITE CHARACTERISTICS:
Zoning: RSF Residential Single-Family District
Future Land Use Plan Designation: Residential
Existing Use: Vacant
Proposed Use: Single-Family Dwelling
BACKGROUND INFORMATION:
The subject property consists of a single parcel of 0.357 acres. This
is Lot 1 of the Rivendell Subdivision. It is located on the north side
of Northern Trail, to the east of the intersection with Polar Lane.
The petitioners wish to have a driveway access from Polar Lane leading
to an attached garage. In 2007 the rezoning of the parent parcel was
granted with proffered conditions. During the meeting the applicant
voluntarily proffered that here would be no access to Polar Lane from
several of the lots, including this one. Unfortunately, this condition
was erroneously left out of the final ordinance, however, in recognition
of the proffer, it was added to the subdivision plat approved by Planning
Commission later that year. The request relates only to the condition
prohibiting access from Polar Lane to lot 1.
ISSUES:
None.
Abstract of Minutes of the June 25, 2007, Salem City Council meeting
A regular meeting of the Council of the City of Salem,
Virginia, was held in the Council Chambers, City Hall, 114 North
Broad Street, on June 25, 2007, at 7:30 p.m., there being
present the following members of said Council, to wit: Howard
C. Packett, Jane W. Johnson, John Christopher Clemens, and Byron
R. Foley (John C. Givens – absent); with Howard C. Packett,
Mayor, presiding; together with James E. Taliaferro, Assistant
City Manager and Clerk of Council; Melinda J. Payne, Director of
Planning and Development; Charles E. VanAllman, City Engineer;
and Stephen M. Yost, City Attorney; and the following business
was transacted:
Mayor Packett called the meeting to order at 7:30 p.m.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mayor Packett reported that this date and time had been set
to hold a public hearing to consider the request of Frank C.
Young Heirs, property owners, and M & G LLC, contract purchaser,
for rezoning an approximate 9.28-acre parcel located on Polar
Lane (Tax Map #10-1-1) from AG Agricultural District to RSF
Residential Single Family District; and
WHEREAS, the Clerk of Council reported that notice of such
hearing had been published in the June 7 and 14, 2007, issues of
the Salem Times-Register, a newspaper published and having
general circulation in the City of Salem; and
WHEREAS, the Planning Commission at its regular meeting
held on June 13, 2007, recommended to the Council of the City of
Salem that the rezoning be approved; and
WHEREAS, staff noted the following: the subject property
consists of one parcel located off Polar Lane and is directly
south of Interstate 81; the property, approximately 9.28 acres,
is currently occupied by a barn and is zoned Agricultural; this
request is to rezone the property from AG to RSF; the contract
purchaser, M & G LLC, wishes to build an 11-lot residential
subdivision, with lots ranging from 13,000 sq. ft. to 115,000
sq. ft. (.29 ac to 2.65 ac); once subdivided, the lots will be
sold for the purpose of the buyers building custom homes;
restrictive covenants will be put into effect governing minimum
house sizes and building materials; the engineers also state the
developer will install and dedicate a new road to serve the
subdivision that will meet City of Salem Right of Way
requirements; the engineers state that the list of restrictive
covenants is under development and has not been included in the
information sent to staff; and
WHEREAS, Sean Horne of Balzer and Associates Inc., Roanoke,
representing the contract purchaser, appeared before Council to
explain the request; he stated that the proposed subdivision is
an 11-lot subdivision with a minimum lot size of 13,000 square
feet ranging up to approximately two and one-half acres; he
stated that the total density of the project is only about 1.18
units per acre; he further stated that access to the subdivision
is off Polar Lane and that all roads will be built according to
the City’s specifications; he stated that the minimum house size
is anticipated at 2,500 to 3,200 square feet with an average
value of $400,000 to $600,000; he stated that building
requirements will be set, which would include no vinyl, only
brick and stone foundations, architectural shingles, paved
driveways, stone and landscaped entranceway, etc.; Mr. Horne
stated that there were some questions about lot sizes, and road
frontage which have been addressed; he further stated the
following conditions have been proffered: 1.) all lots shall
meet the zoning requirements, including the minimum road
frontage requirements, and 2.) sight distance requirements shall
be met for the proposed intersection; he stated that since the
original letter was submitted, an item came up concerning access
to Polar Lane and the intent is that all access from the lots
would come off the new road and not from Polar Lane; he further
stated that the developer is willing to also proffer that all
residential access will be off of the new road; and
WHEREAS, Councilman Clemens discussed the conditions being
proffered and questioned if the developer would also be willing
to proffer the building requirements of no vinyl, but brick or
stone foundations, architectural shingles, paved driveways, and
stone or brick entranceways; and
WHEREAS, Mr. Horne stated that the developer is willing to
proffer the building requirements; and
WHEREAS, no other person(s) appeared related to the
request;
ON MOTION MADE BY COUNCILWOMAN JOHNSON, SECONDED BY
COUNCILMAN CLEMENS, AND DULY CARRIED, an ordinance entitled “AN
ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106, OF
THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO
ESTABLISHING DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE
CITY OF SALEM, VIRGINIA,” with voluntarily proffered conditions
was duly passed on first reading with voluntarily proffered
conditions -- the roll call vote: all present - aye.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
There being no further business to come before the Council,
the same on motion adjourned at 7:50 p.m.
A true copy teste:
James E. Taliaferro, II
Clerk of Council
AN ORDINANCE TO AMEND SECTION 106-110, ARTICLE I, CHAPTER 106,
OF THE CODE OF THE CITY OF SALEM, VIRGINIA, RELATING TO ZONING
AND DIVIDING THE CITY INTO BUILDING DISTRICTS AND ESTABLISHING
DISTRICT BOUNDARY LINES ON THE ZONING MAP OF THE CITY OF SALEM,
VIRGINIA.
WHEREAS, Frank C. Young Heirs, property owners, and M. & G.
L.L.C., contract purchaser, have heretofore petitioned to have
an approximate 9.28-acre parcel located on Polar Lane (Tax Map #
10-1-1),rezoned from AG Agricultural District, to RSF
Residential Single Family District; and
WHEREAS, in said petition, M. & G. L.L.C., contract
purchaser, did voluntarily proffer written conditions in
addition to the regulations provided for in RSF Residential
Single Family District into which this property is requested to
be rezoned; and
WHEREAS, Council has reviewed the proposed conditions and
is of the opinion that the requested rezoning without the
proposed conditions would not be in the best interests of the
City and that the conditions proffered will more closely comply
with the intent of the Land Use Plan heretofore adopted; and
WHEREAS, Council has adopted the provisions of Chapter 320
of the 1978 Acts of the General Assembly of Virginia, Sections
15.2-2296 through 15.2-2302, relating to conditional zoning; and
WHEREAS, the Planning Commission at its regular meeting
held on June 13, 2007, did recommend to Council after holding a
public hearing that such rezoning be approved with the
voluntarily proffered conditions; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM,
VIRGINIA, that Section 106-110, Article I, Chapter 106, of The
Code of the City of Salem, be amended, revised, and reordained
to read as follows and the map referred to shall be changed in
this respect and no other:
Section 1. That the following described property in the
City of Salem, of Frank C. Young Heirs,
property owners, and M. & G. L.L.C.,
contract purchaser, being an approximate
9.28-acre parcel located on Polar Lane (Tax
Map #10-1-1), be and the same is hereby
changed from AG Agricultural District to RSF
Residential Single Family District, and the
map referred to shall be changed in this
respect and no other, said property being
described as follows:
BEGINNING at a Point on the
southeasterly intersection of the
Right-of-Way line of Polar Lane and
Interstate 81, being the northwesterly
corner of City of Salem Tax Map number
10-1-1; thence along the southerly
Right-of-Way line of Interstate 81 the
following: N74° 28’ E, 162.43 feet to
a point; thence N41° 10’ E, 223.40 feet
to a point; thence N71° 26’ E, 247.26
feet to a point; thence N88° 09’ E,
101.54 feet to a point; thence N58° 24’
E, 102.45 feet to a point at the
northwesterly corner of the property of
R. L. & Virgie Ferris (Deed Book 514,
Page 70); thence leaving the southerly
Right-of-Way line of Interstate 81 and
continuing with the line of said Ferris
property the following: S36° 11’ E,
178.62 feet to a point; thence N75° 27’
45” E, 227.32 feet to a point at the
northwesterly corner of the property of
Russell F. & Dorothy L. Bussey (Deed
Book 472, Page 20); thence leaving the
line of said Ferris property and
continuing along the westerly line of
said Bussey property S21° 58’ 20” E,
331.01 feet to a point on the northerly
Right-of-Way line of Polar Lane; thence
leaving the line of said Bussey
property and continuing along the
northerly Right-of-Way line of Polar
Lane the following: S63° 41’ W, 675.76
feet to a point; thence N82° 04” W,
76.02 feet to a point at the southerly
corner of the property of Darwin D.
Jorgensen & Cheryl R. Jorgensen-Earp
(Deed Book 187, Page 722); thence
leaving the Right-of-Way line of Polar
Lane and continuing along the line of
said Jorgensen property the following:
N46° 18’ E, 149.0 feet to a point;
thence N42° 57” W, 167.7 feet to a
point; thence S66° 30’ W, 219.6 feet to
a point on the northeasterly Right-of-
Way line of Polar Lane; thence leaving
the line of said Jorgensen property and
continuing with the northeasterly
Right-of-Way line of Polar Lane the
following: N50° 27” w, 49.40 feet to a
point; thence N56° 41’ W, 296.30 feet
to the Point of Beginning containing
9.28 acres more or less and being the
remaining southerly portion of Tract
18, Hanging Rock Orchard (Plat Book 3,
Page 92) as shown on plat entitled
“Survey for Frank C. Young et als”
dated April 13, 1966, prepared by T. P.
Parker being referenced in Deed Book 2,
Page 288 in the clerk’s office of the
circuit court of the City of Salem,
Virginia.
Section 2. The following requirements shall apply in
addition to the regulations contained in
Chapter 106 of The Code of the City of
Salem:
1. All lots shall meet all zoning
requirements including the minimum road
frontage requirements;
2. Sight distance requirements shall be
met for the proposed intersection; and
3. Building requirements of no vinyl, only
brick and stone foundations,
architectural shingles, paved
driveways, and stone and landscaped
entranceway.
All ordinances or parts of ordinances in conflict with the
provisions of this ordinance be and the same are hereby
repealed.
This ordinance shall be in full force and effect ten (10)
days after its final passage.
Upon a call for an aye and a nay vote, the same stood as
follows:
Byron R. Foley – Aye
John Christopher Clemens – Aye
Jane W. Johnson - Aye
John C. Givens - Aye
Howard C. Packett - Aye
Passed: July 9, 2007
Effective: July 19, 2007
/s/ Howard C. Packett
Mayor
ATTEST:
Krystal M. Coleman
Deputy Clerk of Council
City of Salem, Virginia
MEMORANDUM
TO: Chuck Aldridge
Wendel Ingram
Melinda Payne
Chuck VanAllman
Rita Wygal
Steve Yost
FROM: Krystal Coleman
DATE: July 16, 2007
SUBJECT: Amendment to the Zoning Ordinance
The Council of the City of Salem at its regular meeting
held on July 9, 2007, passed an ordinance on second reading with
voluntarily proffered conditions rezoning the property of Frank
C. Young Heirs, property owners, and M & G LLC, contract
purchaser, being a 9.28-acre parcel located on Polar Lane (Tax
Map #10-1-1) from AG Agricultural District to RSF Residential
Single Family District.
This Amendment to the Zoning Ordinance is number 290. A
copy of this ordinance is attached for your information.
If you have any questions, please do not hesitate to
contact me.
Attachment
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
I n t e r s t a t e 8 1
I n t e r s t a t e 8 1
Polar Lane
N ort h e r n T r a i l
R iv e n d e ll,P B 1 2 ,P G 3 1 ,3 2
Barbara R. Booker Subd., PB 7, PG 58
HangingRockOrchards,Phase2,PB9,PG92
G
o
o
d
p
a
s
ure&Llyod,PB15,PG
4
6
5
Pt. Tr. 18
9
1
8
2
7
36
4
1
2
Pt. Tr. 8
5
4
3
8
9
1011
5
4
3
2
1
50
35
50
R o a n o k e C o u n t y
C it y o f S a l e m
I n t e r s t a t e 8 1 R /W
City of Salem5
2
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
3.1
3.8
3.9
1.2
1.3
1.11
1.10
1.61.5
1.4
1.1
79.97
210.91
1 8 3.6 1
197.31
70.22
54.78
100.00
15.08
100.00
4 0 .0 0 1 2 7 .7 6
1
8
6
.
2
7 233.49
52.06
125.37
99.88
2 1 9 .6 0 167.70
149.00
249.62
121.58
85.57
177.00
219.33
24.8615.13
91.35
3 8 9 .7 0
1 0 5 .6 3
1 0 5 .6 3
7 2 .8 1
7
0
.
9
8
1 1 7 .6 9
1 3 7 .3 1
64.77
1 9 .6 2
236.11
226.49250.00
240.92
227.32164.99
125.00
125.00
7 5 .6 5
217.20
226.50
202.99
124.88
125.06
70.00
120.11
130.94
182.86
115.11
241.77
120.92
188.30
134.37
37.79
50.49
1 3 5 .3 2
2 7 .1 1
82.90
75.00
1
4
0.2
5
8 3 .6 7
2
0
0
.
4
5
8 2 .0 0
1 3 6 .9 6
223.21
269.37
23.11 9.62
1 1 0 .3 0 26.62 74.92
50.00
68.59
14 2.4171.01
1 0 1 .5 2
1
1
9
.
0
7
1 4 5 .7 9
1 1 8 .0 857.21
41.34
145.05
25.82
2
4
.
6
6
32.95
140.50
76.02
60.24 80.18
25.41
1
2
345
316
351320
349
353
324
201
205
2 0 9
200
2 0 4
2 1 3
225
312
3 0 8
3 0 4
2 0 8
217 221
344
0.81 Ac.
0.648 Ac.
0.502 Ac.
0.601 Ac.
0.671 Ac.
0.703 Ac.
0.602 Ac.
0.649 Ac.
0.585 Ac.
0.628 Ac.
0.523 Ac.
1.206 Ac.
0.402 Ac.
0.267 Ac.
0.347 Ac.
0.376 Ac.
1.289 Ac.0.602 Ac.
0.519 Ac.
0.357 Ac.
0 100 20050
Feet±1 inch = 100 feet AUGUST PL ANNING COMMISSION ITEM 2201 NORTHERN TRAIL
CITY OF SALEM
Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032
Tax Parcel 10-1-1.1 Buildings Parcels City Limits
Commercial
Downtown
Economic Development Area
Industrial
Institutional
Mixed Use
Public Parks and Recreational
Residential
Transitional
Tax Parcel 10-1-1.1 Buildings Parcels City Limits
MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip
10-1-1.1 201 NORTHERN TR
EDWARD ANDREW RINER
REVOCABLE DECLARATION OF TRUST EDWARD ANDREW RINER, TRUSTEE 1950 HAYDON ST SALEM VA 24153
10-1-1.2 205 NORTHERN TR MASSGOOD LLC 1819 ELECTRIC RD SUITE E ROANOKE VA 24018
10-1-5.6 308 POLAR LN JATIN PATEL ASHA PATEL 308 POLAR LN SALEM VA 24153
10-1-5.7 312 POLAR LN JATINKUMAR R PATEL PALLIKA J PATEL 312 POLAR LN SALEM VA 24153
10-1-5.8 316 POLAR LN BARBARA R BOOKER LIVING TRUST BARBARA R BOOKER, TRUSTEE 316 POLAR LN SALEM VA 24153
10-1-3.8 320 POLAR LN WALTER B ELLIOTT IV MELISSA A ELLIOTT 320 POLAR LN SALEM VA 24153
10-1-1.11 200 NORTHERN TR MICHEL B MASSEY SHENNA S MASSEY 200 NORTHERN TR SALEM VA 24153