HomeMy WebLinkAbout11/16/2022 - Planning Commission - Agenda -RegularPlanning Commission Meeting
AGENDA
Wednesday, November 16, 2022, 7:00 PM
Work Session 6:00PM Council Chambers Conference Room, City Hall, 114 North Broad Street:
Regular Session 7:00PM Council Chambers, City Hall
WORK SESSION
1.Call to Order
2.New Business
A.Discussion of items on the November agenda
1. 2016-2020 West Main Street
2. 1630 West Main Street
3. 610 9th Street
3.Adjournment
REGULAR SESSION
1.Call to Order
2.Pledge of Allegiance
3.Consent Agenda
A.Minutes
Consider acceptance of the minutes from the August 10, 2022, work session and regular
meeting and September 8, 2022, special meeting.
4.Old Business
A.Special Exception Permit
Hold public hearing to consider the request of Ornelas Main Street, LLC, property owner, for
the issuance of a Special Exception Permit to allow automobile repair services, major on the
property located at 2016-2020 West Main Street, (Tax Map # 138-2-3). (petitioner requested
to withdraw)
5.New Business
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A.Special Exception Permit
Hold public hearing to consider the request of Jefferson Bennett Development Group, LLC,
contract purchaser, and Layman Candy Co, Inc, property owner, for the issuance of a Special
Exception Permit to allow for personal storage on the property located at 1630 West Main
Street, (Tax Map # 139-4-6) and 1700 blk West Main Street (Tax Map # 139-4-7).
B.Special Exception Permit
Hold public hearing to consider the request of DBMB, LLC, property owner, to replace the
zoning and use permit, with conditions, issued May 1987, to store scrap metal on the
properties located at 1108 Florida St. (T/M# 198-3-2), 1112 Florida St. (T/M# 198-3-3), 1100
blk. Florida St. (T/M# 198-3-6), 1100 blk. Florida St. (T/M# 198-3-7), and 1100 blk. Indiana
St. (T/M# 198-3-11) with a special exception permit to allow scrap and salvage services.
This updated special exception permit would include the addition of the properties located at
600 9th Street (T/M# 198-3-1), 1116 Florida St. (T/M# 198-3-4), 1120 Florida St. (T/M#
198-3-5), 1103 Indiana St. (T/M# 198-3-8), 1100 blk Indiana St. (T/M# 198-3-9), and 1115
Indiana St. (T/M# 198-3-10).
6.Adjournment
City Council meeting, November 28, 2022, 6:30 p.m.
Council Chambers, City Hall, 114 North Broad Street
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Planning Commission Meeting MINUTES Wednesday, August 10, 2022, 7:00 PM
Work Session 6:00PM Council Chambers Conference Room, City Hall, 114 North Broad Street
WORK SESSION
1.Call to Order
A work session of the Planning Commission of the City of Salem, Virginia, was held in Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem, Virginia, at 6:00 p.m. on August 10, 2022; there being the members of said Commission, to wit: Vicki G. Daulton, Chair; Denise P. King, Vice Chair; Reid A. Garst, II; Jackson Beamer, and Neil L. Conner; together with Charles E. Van Allman, Director of Community Development; Mary Ellen Wines, Planning & Zoning Administrator; Maxwell Dillon, Planner; and Jim H. Guynn, Jr., City Attorney; and the following business was transacted: Chair Daulton called the meeting to order at 6:05 p.m. and reported that this date, place and time had been set for the Commission to hold a work session.
2.New Business
Maxwell Dillon presented the updated Planning Commission GIS site. He explained that the items on the agenda would appear on the site. He demonstrated the interface with the site.
A.Discussion of items on the August agenda
1.10 School Lane2.900 Palmer Avenue
3. 2016-2020 West Main Street
A discussion was held regarding the items on the August agenda. Item 1: it was noted that traffic does not present an issue and the proposal would significantly improve the neighborhood. Item 2: it was noted that there were concerns regarding changing the address and the aesthetic associated with the structure. Item 3: it was noted that the used car sales was grandfathered, but automobile repair services major was never approved. It was further noted that scrap and salvage was not allowed on site.
3.Adjournment
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Chair Daulton inquired if there were any other items for discussion and hearing none, adjourned the work session at 6:57 p.m.
REGULAR SESSION
1.Call to Order
A regular meeting of the Planning Commission of the City of Salem, Virginia, was held after due and proper notice in the Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia, at 7:00 p.m., on August 10, 2022. Notice of such hearing was published in the July 28, and August 4, 2022, issues of the "Salem Times Register," a newspaper published and having general circulation in the City of Salem. All adjacent property owners were notified via the U. S. Postal Service.
The Commission, constituting a legal quorum, presided together with Jim H. Guynn, Jr., City Attorney; H. Robert Light, Assistant City Manager and Executive Secretary, ex officio member of said Commission, to wit; Charles E. Van Allman, Jr., Director of Community Development; Mary Ellen Wines, Planning & Zoning Administrator; and Maxwell Dillon, Planner, and the following business was transacted:
Chair Daulton called the meeting to order at 7:00 p.m.
2.Pledge of Allegiance
3.Consent Agenda
A.Minutes
Consider acceptance of the minutes from the July 13, 2022, work session andregular meeting.
Jackson Beamer motioned to accept the minutes from the July 13, 2022, worksession and regular meeting as amended. Denise King seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
4.New Business
A.Special Exception Permit
Hold public hearing to consider the request of Barker Salem Homes LLC,property owner, for the issuance of a Special Exception Permit to allow a two-
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family dwelling on the property located at 10 School Lane, (Tax Map # 145-12- 2).
Staff noted the following:
The subject property consists of a 0.221-acre parcel located at 10 School Lane. The parcel currently contains a vacant residence in a significantly deteriorated condition, prompting the Building Inspections Department to mandate either significant improvement or demolition of the structure.
The property owner intends to demolish the existing structure and construct a new two-family duplex on the property. There are several other existing duplexes within the surrounding neighborhood, including two properties that are immediately adjacent to 10 School Lane.
The subject property sits on a lot with access to both School Lane and White Oak Street, potentially allowing for two separate points of access.
Lewis Barker, 324 North Broad Street, appeared before the Commission and stated the following: His father, George Barker, is also a principle in Barker Salem Homes and they also have a small real estate company in Salem that has been in business thirty-three years. This is the first time in thirty-five years that they have been buying properties that they have ever considered tearing a house down and walking away from it. They have fixed up a lot of houses that probably should have been torn down. If this fails or passes, win or lose, that Mary Ellen Wines has done a phenomenal job helping him get to this point. He would also like to say that Troy Loving has bent over backwards for him because he has caught a lot of flak from the neighbors, and they would be happy to see this house torn down. Troy has been very accommodating, and he wants them to tear the house down. He presented the survey from the packet explaining that he wanted to build as large a duplex as possible. He did reach out to David Elam, adjacent property owner, and he supports the request. He did not speak directly to Jerry Everett, another adjacent property owner, but knows that Mr. Everett fully supports renovating properties. Should this item pass, Mr. Obenchain will demolish the existing structure within thirty days or sooner. He does not want to walk away from a single-family home that would take $30,000 to make livable. But there are a lot of unknowns in doing that, so he is willing to just tear it down and walk away; and
Vice-Chair King inquired that the house might be torn down within thirty days, but what is the construction timeline; and
Mr. Barker replied that it not a good time to build. He is going to sit back. They own two lots on South Market Street and one house unfortunately burned down and they tore it down and they are sitting on that lot as well. They tore down the second
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house on that lot as well. He is not in a hurry to develop any of the lots, but they will keep it maintained. The house is in very good shape, but the addition is not. It started leaking and has deteriorated. They did not buy it to tear down and build a duplex; and
Mr. Reid asked what size duplex he was proposing; and
Mr. Barker said it would be two floors eight hundred square feet per floor per unit. Each unit would be sixteen hundred square feet. That would give him enough to have two bedrooms and two bathrooms. It will be open concept with laundry on the first floor. They have no intention of renting to college students; and
Faye Curren, 409 South Broad Street, appeared before the Commission with a petition signed by seven neighbors. She stated the following: “I am asking you to deny the request for a Special Exception Permit for 10 School Lane. The dilapidated boarded up one-story structure owned by Barker Salem Homes LLC at 10 School Lane needs to be demolished and replaced ONLY by a single-family dwelling. As you will see from the photos and your files, this investor does not appear to take care of properties. We have lived with 10 School Lane property being boarded up and certainly not taken care of for way over a year. You should ride around and look at the investor properties in Salem that we are expected to put up with. Would you want this in your neighborhoods? My home is only a few steps from 10 School Lane at the corner of School Lane and South Broad. I have over 25 years of real estate experience as a broker, and I certainly understand how the market works and the need for rentals. This request will impact me and my property in many ways and two more rentals in this area will be a negative when home buyers are looking for a home to purchase and lenders looking to lend money for a mortgage. South Broad between Main and 4th has too many rentals already and properties are not taken care of. In the 300 Block of Broad we now have only two owner occupied properties and in the 400 Block of Broad we only have six owner occupied homes. On School Lane you have two properties. One is a rental at 13 School Lane and the one belonging to Barker at 10 School Lane which should have been torn down already. The notifications for this public hearing were mailed to a list of people and you will note only two were sent to owner occupied homes. School Lane is only three blocks long running from White Oak to Union and used daily as a cut through to avoid traffic and lights on 4th and on Main. School Lane was not designed to be a two-way street and is simply a one lane alley. My neighbors will tell you; they contacted the City of Salem requesting the city look in to making School Lane a one-way Street, City of Salem employees came out and denied the request. Individuals that previously owned the house at the corner of Chapman and School Lane asked the city for permission to build a single-family home on School Lane. Apparently, they were told they could not build on School Lane and have sold and moved. Based on this denial, why are you considering allowing Barker to build a two-family building on School Lane? Rules should be the
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same for all irrelevant of who you are and who you know. On a daily basis, we have cars trying to drive in two directions on a one lane alley. When cars meet on School Lane, one of the vehicles must drive in a yard in order to pass or back all the way down the narrow one lane alley. Renters will park in front of rental on School Lane and cars cannot get by and we struggle to get out of our driveway. Crime is increasing in our area. As a senior citizen that lives alone, I have become increasing concerned about my safety and the crime around our homes and in our neighborhoods. Items have been stolen from the exterior of our neighbors' homes. I have had items destroyed in my front yard. In May 2022 I was at home when I heard a loud bang. I thought someone was flying a drone and had hit my house again. I went outside to see what the noise was. At this point I heard sirens and police cars flying up Broad St and Chapman towards School Lane. Salem PD arrived quickly followed by SWAT and blocked Broad St and School Lane and locked down Salem schools. We could not leave our homes for almost four hours. Both individuals involved were from rental properties on School Lane and South Broad. Situations like this shooting incident is causing our area to become undesirable to homeowners. A renovated house for sale in the 300 Block of Broad has been reduced a total of $50,000 and still on the market which is unheard of in this market especially in the City of Salem. I understand the need for rental properties, it seems our area on Broad is being saturated with rentals that rent to individuals released from jail/prison, individuals on the sex offender registry among others. Appears landlords are not screening renters at all, or they receive incentives for certain renters. School Lane is a block from Carver. Would you want this approved if you owned and lived in my home? Please deny this request. Thank You for allowing us to speak today and again we request you deny this request. We have given you a packet of information which contains photos of our street and the residents on School Lane. We have also given you a petition that has been signed by our other neighbors. Thank you.”; and
Larry Lefler, 403 South Broad Street, appeared before the Commission and stated the following: “We are asking the Planning Commission to deny the request for a Special Exception Permit for 10 School Lane by Barker Salem Homes LLC and we offer the following information for your consideration. The dilapidated boarded up one-story home owned by Barker Salem Homes LLC at 10 School Lane needs to be demolished and replaced only with a single-family dwelling. We live at the corner of School Lane and S Broad which is only a few steps from 10 School Lane. The side of our home and our side yard runs 182' and is directly on School Lane. School Lane is not designed to be a two-way street and is simply a one lane alley which is 3 blocks long running from White Oak Street to Union Street. On a daily basis, we have cars trying to drive in two directions on a one lane alley by our home. This one lane alley is not wide enough nor designed to accommodate two lanes of traffic. When cars meet on School Lane, one of the cars or trucks must drive in my yard or my neighbors' yard in order to pass. When it rains or snows, cars drive in my yard causing damage to my yard and destroying our grass. Driving through
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our yard leaves large deep tire tracks that we, as homeowners, must then repair. This is not a onetime occurrence but occurs constantly. We contacted the City about the issues we were having on School Lane. City officials came out and met with us to look at making School Lane one way; however, after the City officials met with us, we were told they could not make School Lane one way. We continue to have the same problems and now the situation is worse than before. Currently S. Broad between Main and 4th Street has too many rentals and properties not taken care of. We have become increasing concerned about the crime around our homes. In May of this year, while sitting in our living room we heard gun fire beside our home and at the time thought someone had thrown a rock at our home. We looked out our back door and saw a large white male waving around a pistol and screaming towards the rental on School Lane. We called 911 and police arrived quickly and then swat arrived. Even though the situation was handled quickly by Salem PD, this incident has left us very uneasy as to our safety in our own neighborhood here in Salem. Both individuals involved were in rental properties. One property on School Lane and one on South Broad. Situations like this shooting incident is causing our area to become undesirable to homeowners. We have also had items stolen from our front porch and from our lawn. Thank you for allowing us to speak today and again, we ask you to deny this request.”; and
Mr. Conner questioned staff if there were any traffic counts done on School Alley; and
Mr. Van Allman replied that there were none to his knowledge; and
Mrs. King inquired why the request to turn School Alley into a one-way alley was denied; and
Mr. Van Allman responded that he did not receive any official correspondence regarding that request. There are several other departments that are part of public works so they may have met to discuss the request. He further stated that he would look into it; and
Mr. Conner inquired as to whose department would oversee the request; and
Mr. Van Allman replied that there are usually several department directors along with the City Manager or Assistant City Manager that meet to discuss public works issues or requests. Ultimately it is the City Manager’s decision with consensus of the group; and
Mrs. King stated that School Lane is very narrow, and she cannot imagine that even driving in someone’s yard that you could get two vehicles down that road; and
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Chair Daulton requested Mr. Barker to return to the podium; and
Chair Daulton asked how long they owned the property; and
Mr. Barker responded that he would give the back story on the property and that they also own the house at 411 South Broad Street. The court had ordered the sale of this property, 10 School Lane, and an agent in their real estate office sold it. It was supposed to be a cash buyer and the guy kept dragging his feet. The judge finally said this needs to be completed and Mr. Barker stated that if the buyer doesn’t buy it that he will. But really and truly the best value in this house is to do what he intended and tear down the addition and to fix up the house that is there. But again, after realizing that it is a foot and seven inches from the neighbor’s property and the setbacks are wrong. The alleys are all about the same size and you cannot get two cars in any of those alleys. If it is approved for a duplex, he could see putting the parking on White Oak Street and not trying to access it from School Lane. This house has been vacant for eight years, so it has not contributed to the current crime in the neighborhood. It is going to be rental property one way or the other; and
Mr. Conner asked if the access could be from White Oak; and
Mr. Barker said yes, but if they renovate the single-family home then they will utilize the existing driveway on School Lane; and
Chair Daulton stated that it appears that the concerns are more that it is a duplex and not a single-family home; and
Mr. Barker replied that he has two options, remodel the existing home or tear it down and build a duplex. You can’t see this property from South Broad Street. There is a hedge that is a great buffer between properties; and
Chair Daulton stated that if you demolish the existing structure and build a new one it would certainly look better and probably increase surrounding property values; and
Mr. Garst inquired as to the comparison of the rent values for each option; and
Mr. Barker responded that the duplex units would be twelve to thirteen hundred dollars per unit and seven hundred ninety-five for a two-bedroom house. They perform credit checks and background checks to make sure the tenants would be good neighbors; and
Mr. Conner stated that if this item gets denied the existing home will be renovated and rented so this discussion is really about the traffic of one additional family; and
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Mrs. King detailed that as this is a special exception permit the Commission may recommend conditions on the approval. She asked if the petitioner would have any issues with the requirement of the driveway fronting White Oak Street; and
Mr. Barker stated that if the single-family home remains, they will utilize the existing driveway on School Lane. If the duplex is approved, it would be better to have the driveway access off White Oak Street.
Mrs. King asked staff what the setbacks for the new building would be; and
Ms. Wines replied that the property is zoned Residential Single-Family and if the property faces and is addressed School Lane then there is a twenty-five-foot front setback, twenty-five-foot rear setback, and ten percent of lot width on either side. It does not appear that they would have enough setback to front the duplex on School Lane so the duplex would have to front White Oak Street.
Having no other speakers regarding this item, Chair Daulton closed the public hearing; and
Neil Conner motioned Consider the request of Barker Salem Homes LLC, property owner, for the issuance of a special exception permit to allow a two-family dwelling on the property located at 10 School Lane, (Tax Map # 145-12-2) with the condition that parking and access are from White Oak Street and that staff handle the corresponding address change to White Oak Street. Reid Garst seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
B.Special Exception Permit
Hold public hearing to consider the request of Barry W Gladden and TinaMarie Gladden, property owners, for the issuance of a Special Exception Permitto allow a 1,400 SF detached garage on the property located at 900 PalmerAvenue, (Tax Map # 215-7-1.1).
Staff noted the following:
The subject property consists of a 0.257-acre parcel located at 900 Palmer Avenue.The parcel currently contains a residential structure and an approximately 500 SFattached garage building located in the existing side yard.
The subject property sits on a relatively narrow rectangular corner lot, allowing itthe flexibility to declare its address either on Palmer Avenue (existing) or Mulberry
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Street (proposed). Should this Special Exception Permit be approved, the property owners intend to change their address from Palmer Avenue to Mulberry Street, affording them the necessary space to construct the requested 1,400 SF detached garage in the “new” rear yard of the property.
If approved, an existing privacy fence located in the current side yard of the subject property adjacent to Mulberry Street which would need to be either shortened to 3.5 feet or removed entirely in order to comply with the City’s zoning regulations.
Barry Gladden, 900 Palmer Avenue, appeared before the Commission stating that he currently has a 20' x 22' garage on the property, and it is not big enough to house his vehicles that are currently located at his workshop. He needs to move those cars out of the shop, and he wants to bring them to his house, but he does not want to leave them outside. He has one vehicle that is worth $300,000. He wants to build a garage so he has a place for the cars to keep them out of the weather and he can work on them; and
Mrs. King inquired as to the other vehicles that are on the property currently. There is a piece of construction equipment sitting in the front yard; and
Mr. Gladden responded that the equipment belongs to his company, and he was using it to remove the tree that was getting ready to fall. There is only one other vehicle there which is the Hummer, and he drives that regularly along with his work truck; and
Mr. Conner asked if he was planning on removing the current garage; and
Mr. Gladden replied affirmatively; and
Chair Daulton inquired if the current garage was to be demolished or moved somewhere else on the property; and
Mr. Gladden stated that it will be dismantled and taken to the scrapyard; and
Chair Daulton asked if the proposed garage was metal; and
Mr. Gladden answered yes that it is coming brown with green trim, and he is going to paint the house the same, so it matches the garage. The roof of the house is already green. He put that on last year; and
Mr. Conner inquired if there would be three roll up doors on the new garage facing Palmer Avenue; and
Mr. Gladden responded yes that the only access was from Palmer Avenue; and
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Mrs. King asked what size the proposed garage was in relation to the existing house; and
Mr. Gladden stated that the garage would be 28' x 50'; and
Chair Daulton asked if it would be the same shape as the submitted plans; and
Mr. Gladden replied yes that it would have the same roof pitch as the house, and it would be shorter than the house; and
Mr. Conner said that in speaking with staff that there are side yard issues as far as putting the building on it as it cannot be done. One of the solutions was since you were on a corner lot staff would change the address to Mulberry Street. So, in essence the future garage would go in the rear yard. Would you be ok with all that entails an address change; and
Mr. Gladden stated yes, he would be ok with that solution; and
Mrs. King asked about the fence along Mulberry; and
Ms. Wines responded that the current fence along Mulberry is in the current side yard. If the address were to change the fence would then be in the front yard and the height would have to be shortened to the required 3.5 feet or the fence would need to be removed; and
Having no other speakers regarding this item, Chair Daulton closed the public hearing; and Jackson Beamer motioned consider the request of Barry W. Gladden and Tina Marie Gladden, property owners, for the issuance of a special exception permit to allow a 1,400 square-foot detached garage on the property located at 900 Palmer Avenue, (Tax Map # 215-7-1.1) with the conditions that the address be changed to Mulberry Street and fence be shortened or removed. Neil Conner seconded the motion.
Ayes: Beamer, Conner Nays: Daulton, Garst, King
C.Special Exception Permit
Hold public hearing to consider the request of Ornelas Main Street, LLC,property owner, for the issuance of a Special Exception Permit to allowautomobile repair services, major on the property located at 2016-2020 WestMain Street, (Tax Map # 138-2-3).
Staff noted the following:12
The subject property consists of a 0.714-acre parcel located at 2016-2020 West Main Street. The existing business, Sharp Cars Ltd., operates on a parcel that contains two buildings - one of which houses the employee services and another which is a garage. A parking lot adjacent to West Main Street displays used automobiles for sale. Utility bills indicate that this business has been in operation since 1997.
Historical documents from former Building Officials/Zoning Administrators during the late 1900s and early 2000s indicate that the property at 2016-2020 West Main Street was in the B-3 zoning district which allowed for “public garages for the storage, sale, and repair of motor vehicles only. B-3 zoning does not allow the rebuilding of motor vehicles.”
Correspondingly, Sharp Cars has been repeatedly verified for the automobile dealership, used designation, and is grandfathered into the current zoning ordinance to serve that particular purpose. Sharp Cars is registered with the Motor Vehicle Dealer Board as an Independent Dealer but has not previously been approved for activities associated with the repair or rebuilding of motor vehicles.
Mr. Paul Ozaluk, owner of Sharp Cars, Ltd., 2016-2020 West Main Street, appeared before the Commission stating that they had been there approximately twenty years. He has been a car dealer from the time Bob Bell moved out of his location on Main Street. He further stated that he did not understand automotive repair services. He is an auto dealer, and he is not trying to petition for a retail automotive repair like Goodyear or something. That's why he does not understand why he had to get permission. He is not trying to open a public garage that is why he doesn't understand why he has to get this permit. They repair their own cars replace brake pads and such. They do not inspect their own vehicles. His mechanic works on their own cars. The sell cars and finance cars. He does not want the zoning changed and he does not understand the need for automotive repair services; and
Chair Daulton asked staff to explain the need for this request; and
Ms. Wines responded that a continuance of this item may be more appropriate so that staff could take the time to meet with Mr. Ozaluk to explain this situation. She further stated that as she received the application from Mrs. Ozaluk that the current status of Sharp Cars was understood; and
Having no other items before the Commission Chair Daulton adjourned at 7:53p.m.
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Neil Conner motioned consider the request of Ornelas Main Street, LLC, property owner, for the issuance of a Special Exception Permit to allow automobile repair services, major on the property located at 2016-2020 West Main Street, (Tax Map # 138-2-3) to be continued to a future meeting. Jackson Beamer seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
City Council meeting, August 22, 2022, 6:30 p.m.
Council Chambers, City Hall, 114 North Broad Street
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1. Call to Order
A work session of the Planning Commission of the City of Salem, Virginia, was held
in Council Chambers Conference Room, City Hall, 114 North Broad Street, Salem,
Virginia, at 4:00 p.m. on September 8, 2022; there being the members of said
Commission, to wit: Vicki G. Daulton, Chair; Denise P. King, Vice Chair; Reid A.
Garst, II; and Neil L. Conner; together with Tommy Miller, Director of Economic
Development, Wayne Adkins, Business Outreach Coordinator, Mary Ellen Wines,
Planning and Zoning Administrator; Max Dillon, Planner, Crystal Williams, Assistant to
the City Manager, A.K. Briele, Director of the Electric Department, Justin Kuzmich,
Director of Real Estate, and the following business was transacted:
Chair Daulton called the meeting to order at 3:57 p.m. and reported that this date,
place and time had been set for the Commission to hold a work session.
2. Tommy Miller began the meeting by introducing himself and explaining that the
Economic Development Department is currently looking for input from local leaders and
stakeholders as the process of crafting a Strategic Plan begins to ramp up. After initial
introductions from meeting attendants were completed, Mr. Miller provided a basic
presentation on the fundamentals of economic development. Among the topics described
were business attraction/retention, city marketability, and regional/local target industries.
Once Mr. Miller finished his presentation, he opened the floor for discussion on avenues
to advance economic development within the City of Salem.
Mr. Miller facilitated the conversation and documented the ideas produced by each
individual. Throughout the discussion, several Planning Commission members
highlighted the opportunity associated with Salem’s proximity to prominent medical
facilities. Another objective emphasized was the need for an “available commercial real
estate database” which would allow prospective businesses to more easily locate
opportunities which exist within the city. Several attendees accentuated the importance
of branding – both highlighting Salem’s identity as “The Championship City” and
exploring complementary assets that can be utilized as attractive marketing tools.
Correspondingly, one of the most predominant themes which emerged in the group
discussion was the importance of capitalizing on Salem’s renowned public services.
Once the dialogue finished, Mr. Miller provided Planning Commission members with
dots which served as a ranking system for the ideas that had been produced. After each
member voted, Mr. Miller briefly recapped the discussion.
3. Adjournment
Mr. Miller inquired if there were any other items for discussion and hearing none,
adjourned the work session at 5:30 p.m.
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AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SALEM,
VIRGINIA held in the Council Chambers of City Hall, 114 North Broad Street Salem, VA 24153
AGENDA ITEM: Special Exception Permit
Hold public hearing to consider the request of Ornelas Main Street, LLC, property
owner, for the issuance of a Special Exception Permit to allow automobile repair services, major
on the property located at 2016-2020 West Main Street, (Tax Map # 138-2-3).
SUBMITTED BY: Mary Ellen Wines, CZA CFM, Planning & Zoning Administrator
SUMMARY OF INFORMATION:
SITE CHARACTERISTICS:
Zoning: HBD High Business District
Land Use Plan Designation: Commercial
Existing Use: Automobile dealership, used
Proposed Use: Automobile dealership, used and automobile repair services, major
The subject property consists of a 0.714-acre parcel located at 2016-2020 West Main Street.
The existing business, Sharp Cars Ltd., operates on a parcel that contains two buildings - one
of which houses the employee services and another which is a garage. A parking lot adjacent
to West Main Street displays used automobiles for sale. Utility bills indicate that this business
has been in operation since 1997.
Historical documents from former Building Officials/Zoning Administrators during the late
1900s and early 2000s indicate that the property at 2016-2020 West Main Street was in the
B-3 zoning district which allowed for “public garages for the storage, sale, and repair of motor
vehicles only. B-3 zoning does not allow the rebuilding of motor vehicles.”
Correspondingly, Sharp Cars has been repeatedly verified for the automobile dealership, used
designation, and is grandfathered in to the current zoning ordinance to serve that particular
purpose. Sharp Cars is registered with the Motor Vehicle Dealer Board as an Independent
Dealer, but has not previously been approved for activities associated with the repair or
rebuilding of motor vehicles.
STAFF RECOMMENDATION:
Staff recommends denial of the request.
If approved, staff recommends the following conditions be placed on the permit:
1. All inoperative vehicles shall be contained within a screened space regardless of the
duration of storage.
2. All equipment, tools, and parts associated with automobile repair shall be stored indoors.
3. Any on-site repairs shall be performed within the fully enclosed garage.
4. The practice of vehicle salvage, defined as the removal of parts from one vehicle to be
installed on another vehicle, shall be prohibited.
5. Fire code requirements must be satisfied - including the preservation of a 20’ fire lane.
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November 1,2022
Dear Mr. James E. Taliaferro
Executive Secretary to the Planning Commission
Dear Mr. Taliaferro,
We, Sharp Cars LTD are requesting to withdrawal our special permit application.
We have decided that we will do our major repairs at our other location because
Paul Ozaluk, Owner
it is zoned for major repairs. We appreciate your time in this matter.
Thank you,
2020 lty. Maln Street Salcm,VA24153 Ph: (540) 387-9520 Far: (540) 387-9550
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AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SALEM,
VIRGINIA held in the Council Chambers of City Hall, 114 North Broad Street Salem, VA 24153
AGENDA ITEM: Special Exception Permit
Hold public hearing to consider the request of Jefferson Bennett
Development Group, LLC, applicant, and Layman Candy Co, Inc,
owner, for the issuance of a Special Exception Permit to allow for
the personal storage use type (self-storage facility) on the
property located at 1630 West Main Street, (Tax Map # 139-4-6)
and 1700 blk West Main Street (Tax Map # 139-4-7).
SUBMITTED BY: Mary Ellen Wines, CZA CFM, Planning & Zoning Administrator
SUMMARY OF INFORMATION:
SITE CHARACTERISTICS:
Zoning: HBD (Highway Business District) and LM (Light Manufacturing)
Land Use Plan Designation: Commercial
Existing Use: Industrial – Warehouse and Distribution
Proposed Use: Commercial – Personal Storage
The subject properties consist of a 2.64-acre parcel located at 1630 West Main Street and a
0.628-acre parcel located adjacent at the 1700 blk of West Main. The larger of the two parcels
sits in the HBD (Highway Business District), while the smaller property is currently designated
LM (Light Manufacturing). Both properties are located within the FEMA designated Zone AE
Floodplain, rendering any future development to be either flood proofed or raised one foot
above base flood elevation. Additionally, if renovations to the existing structure exceed 50% of
its fair market value, then the existing building will either have to be flood proofed or built one
foot above base flood elevation. The applicants are aware of these requirements.
The subject properties have been previously utilized by Layman Candy Co Inc. as a warehouse
and distribution center. The properties possess a small amount of frontage on West Main Street
(approximately 50 linear feet), with the structures on the subject parcels largely shielded by the
Rise (1634 West Main Street) and Zips Car Wash (1706 West Main Street) buildings. If
approved, the applicants intend to construct a climate-controlled addition (to be secured and
utilized for loading/unloading items), connected to the principal structure which will house 518
personal storage units accessible from the interior.
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REQUIREMENTS:
The proposal meets the requirements of Section 106-214.3. Site development regulations for
HBD.
The proposal meets the requirements of Section 106-218.3. Site development regulations for
LM.
Section 106-310.13. of the City of Salem Zoning Ordinance requires the following use and
design standards use and design standards for the allowance of personal storage:
1. The minimum lot size shall be one acre.
2. The minimum front yard setback shall be 30 feet.
3. No security fencing, security gate or other obstruction to vehicle access shall be
permitted in the required front yard setback or in any buffer yard required
pursuant to section 106-402.
4. All interior driveways shall be at least 26 feet wide when cubicles open onto one
side only and at least 30 feet wide when cubicles open onto both sides to
accommodate loading and unloading at individual cubicles. Adequate turning
radiuses shall be provided, where appropriate, for a 30-foot long single unit truck
or moving van. All driveways shall be surfaced pursuant to section 106-404.11.
5. No door openings for any cubicle shall be constructed facing any residentially
zoned property.
6. The following uses shall be prohibited:
a. Auctions by tenants, commercial wholesale or retail sales, or miscellaneous
or garage sales.
b. The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn
mowers, appliances or other similar equipment.
c. The operation of power tools, spray-painting equipment, table saws, lathes,
compressors, welding equipment, kilns, or other similar equipment.
d. The establishment of a transfer and storage business.
e. The storage of flammable, highly combustible, explosive or hazardous
materials shall be prohibited.
7. Outdoor storage areas shall be used for the storage of motor vehicles, trailers,
and recreational vehicles only. All outdoor storage areas shall be screened from
adjoining properties by a ten foot landscaped area consisting of small evergreen
trees and evergreen shrubs in accordance with section 106-402.
8. Accommodations for a live-in manager shall be permitted.
The proposal meets the stated requirements above.
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Section 106-404. Off-street parking requirements, requires personal storage to supply 2
spaces for any live-in manager plus 2 spaces per 100 storage units. In this proposal, there
are approximately 518 units for a requirement of 10 spaces. There will be no live in
manager. The plan offers 4 outdoor parking spaces with additional parking spaces within
the addition that satisfies this requirement.
Section 106-406.23., Maintenance of established building lines; establishment of setback lines
for certain streets, states that [for] “Main Street, both sides, Mill Lane to West corporate
limits: The setback line shall be 55 feet, measured at right angles to the established
centerline of such street.” The existing building and proposed addition shall meet this
requirement.
OPTIONS:
1. Recommend approval of the request as presented given that it generally conforms to the
latest comprehensive plan and will have a minimum adverse impact on the surrounding
community.
2. Approve the request with conditions.
3. Deny the request.
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October 3, 2022
Mr. Jay Taliaferro – City Manager
City of Salem
21 South Bruffey Street
Salem, VA 24153
540.375.3017
CityManager@salemva.gov
RE: 1630 W Main Street and Unaddressed Parcel 1700 Blk
Salem, VA 24153
Tax Parcel 139-4-6 & 139-4-7
Special Exception Request
Dear Mr. Taliaferro,
JBDG Development Group, LLC (Contract Purchaser) “JBDG” is providing official application, supporting
documents, and associated fees required to request a Special Exception Permit “SEP” on two tax parcels
139-4-6 and 139-4-7. The property consists of a total of approximately 3.208 acres, with an existing 67,000
sf building. The Special Exception request is needed due to the change in use proposed with the subject
property. The proposed use is personal storage as defined by the City of Salem Zoning Ordinance, but
more commonly known as self storage. There are two zoning districts that both require SEP for the
proposed use and they include the Highway Business District (HBD) and Light Manufacturing District
(LM) (See Zoning Map Below). The proposed SEP will allow for JBDG to purchase the subject parcel and
utilize the properties for a new self-storage facility. The property is currently occupied by Layman Candy
Company and with their planned move to another location, this building and property will become vacant
with Layman’s departure from this location. Layman utilized the property for warehouse storage and
distribution operations for consumer products serving convenience and grocery stores. The parking lot
consists of partial pavement and gravel housing delivery trucks as shown in the aerial image on the next
page.
JBDG Development Group, LLC has been in the real estate development business since 2003 with a strong
track record of ground up and redevelopment projects executed across the southeast.
The existing building will become Class A conditioned self storage with boat & RV storage in the parking
lot. The building exterior will be painted and retrofitted to allow customers to load/unload in a climate
controlled drive-thru area shown as an addition to the existing building. The parking lot will be re-paved
and enclosed with a security gate and decorative fence. Landscape screening will comply with applicable
zoning codes to further shield the boat & RV storage areas as shown on the site plan. The access will remain
the same from West Main Street with future traffic anticipated to be significantly less than the current
distribution operation. The general configuration of the gravel area currently being used for distribution
truck parking will remain the same. However, the site will be upgraded to include landscaping and
buffering, pavement for the existing gravel areas and general updates to the building façade for the new
use. The change of use with the property will also comply with supplemental regulations outlined in Section
106-310.13 Personal Storage as part of the project.
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Zoning Map:
Existing Aerial View:
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Example Exterior View:
Example Interior View:
The project will be professionally managed by ExtraSpace Storage a best in class operator in the industry.
There will be an on-site office and manager with a decorative security gate and fencing securing the
facility. The building will be retrofitted with a drive-thru climate controlled area to allow customers to
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load/unload out of the elements of weather. Traffic will utilize the same existing Layman’s curb cut onto
Lee Hwy with daily traffic counts being significantly reduced from the current operation.
To support this request, we have provided a previous survey that indicates the two parcels and a concept
plan outlining the general improvements associated with this new use.
This project is in conformance with many of the Goals, Strategies, and Objectives as defined in the City of
Salem’s Comprehensive Plan. This proposed use activates what will be a vacant building that is in a unique
location as a ‘second level’ commercial parcel adjacent to the existing NS railroad tracks. The future land
use plan designates this parcel as commercial which is in keeping with surrounding land uses, however this
building and its use will be much less intense than the surrounding commercial or existing commercial
currently in place.
Colin Edwards
Jefferson Bennett Development Group, LLC
404-242-7462
Colinbedwards@gmail.com
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PROPOSED SELF
STORAGE FACILITY
67,000 SF
4
OUTDOOR STORAGE
OFFICE
PROPOSED
BUILDING ADDITION
±8400 SF
PROJECT NO.
REVISIONS
SCALE
DATE
CHECKED BY
DESIGNED BY
DRAWN BY
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Roanoke / Richmond
New River Valley
Shenandoah Valley
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AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SALEM,
VIRGINIA held in the Council Chambers of City Hall, 114 North Broad Street Salem, VA 24153
AGENDA ITEM: Special Exception Permit
Hold public hearing to consider the request of DBMB, LLC,
property owner, to replace the zoning and use permit issued May
1987, to store scrap metal on the properties located at 1108
Florida St. (T/M# 198-3-2), 1112 Florida St. (T/M# 198-3-3), 1100
blk. Florida St. (T/M# 198-3-6), 1100 blk. Florida St. (T/M# 198-3-
7), and 1100 blk. Indiana St. (T/M# 198-3-11) with a special
exception permit to allow scrap and salvage services. This
updated special exception permit would include the addition of
the properties located at 600 9th Street (T/M# 198-3-1), 1116
Florida Street (T/M# 198-3-4), 1120 Florida Street (T/M# 198-3-
5), 1103 Indiana Street (T/M# 198-3-8), 1100 blk Indiana Street
(T/M# 198-3-9), and 1115 Indiana Street (T/M# 198-3-10).
SUBMITTED BY: Mary Ellen Wines, CZA CFM, Planning & Zoning Administrator
SUMMARY OF INFORMATION:
SITE CHARACTERISTICS:
Zoning: HM (Heavy Manufacturing)
Land Use Plan Designation: Commercial
Existing Use: Industrial – Metal Storage/Construction Yard
Proposed Use: Industrial – Scrap and Salvage Services
The subject properties consist of eleven parcels which are bounded by Florida Street to the
west, 9th Street to the north, Indiana Street to the east, and the railroad tracks to the south.
These parcels currently fall under the HM (heavy manufacturing) district designation, although
the existing Future Land Use Map designates them for commercial use.
The subject properties have been utilized for decades by Salem Iron and Metal (formerly known
as Hedge Metal) for metal collection and storage. In 1987, a zoning and use permit was granted
allowing for the storage of scrap metal on some, but not all, of the identified parcels.
Correspondingly, the parcels that have been previously approved for scrap metal storage are
the following: 1108 Florida St. (T/M# 198-3-2), 1112 Florida St. (T/M# 198-3-3), 1100 blk.
Florida St. (T/M# 198-3-6), 1100 blk. Florida St. (T/M# 198-3-7), and 1100 blk. Indiana St. (T/M#
198-3-11). The properties that were not been included in that permit (reasons not provided)
are the following: 600 9th St. (T/M# 198-3-1), 1116 Florida St. (T/M# 198-3-4), 1120 Florida
40
St. (T/M# 198-3-5), 1103 Indiana St. (T/M# 198-3-8), 1100 blk Indiana St. (T/M# 198-3-9), and
1115 Indiana St. (T/M# 198-3-10).
The purpose of this special exception permit application is two-fold. First, the applicant is
seeking to replace the existing zoning and use permit applicable to five parcels: 1108 Florida St.
(T/M# 198-3-2), 1112 Florida St. (T/M# 198-3-3), 1100 blk. Florida St. (T/M# 198-3-6), 1100
blk. Florida St. (T/M# 198-3-7), and 1100 blk. Indiana St. (T/M# 198-3-11). This change would
shift the property usage from metal storage to scrap and salvage services which is defined
according to Section 106-602.11 as: “Places of business primarily engaged in the storage, sale,
dismantling or other processing of uses or waste materials which are not intended for reuse in
their original forms. Typical uses include paper and metal salvage yards, automotive wrecking
yards, junk yards, used tire storage yards, or retail and/or wholesale sales of used automobile
parts and supplies.” The second portion of the applicant’s request is to add the aforementioned
remaining six parcels (currently zoned as Heavy Manufacturing) to this special exception
permit, rendering the entirety of the eleven parcels to possess an allowance for scrap and
salvage services. In summation, the approval of this special exception permit would allow for
scrap and salvage services to be conducted on each of the aforementioned eleven properties.
In November of 2022, Salem City Management agreed to vacate the alley that was previously
bounded on the north by 9th Street, on the south by Norfolk Southern Railway, and to the east
and west by the subject properties. While that alley vacation may not be shown on maps at the
time of this public hearing given its recent adoption, the corresponding resolution has an
effective date of November 6, 2022.
REQUIREMENTS:
The proposal meets the requirements of Section 106-220.3. Site development regulations for
HM.
According to Section 106-406.27. Additional requirements for exterior storage, refuse disposal,
etc., any exterior area used for storage, service, maintenance, repair, processing, manufacturing,
fabrication, salvage, refuse disposal, or other similar use that is visible from a public street right-
of-way, shall be screened with a buffer yard, screening and plantings meeting type A standards
listed in section 106-402, and shall be provided in a manner which screens the use from view.
Any area so used shall also be similarly screened from view of adjoining residences and business.
With the new traffic pattern and fencing, this proposal meets the requirement of screening.
According to Section 106-404. Off-street parking requirements, scrap and salvage services
must supply parking spaces according to Schedule A.
41
The office building is only 228 square feet, so only one parking space is required. The outdoor
storage in this case does not involve outside customers, so only employee parking is warranted.
Staff is currently working on parking requirement revisions that will address situations such as
this. There are three additional parking spaces in front of 1115 Indiana Street.
OPTIONS:
1. Recommend approval of the request as presented as it generally conforms to the latest
comprehensive plan and the goal to provide additional space for the expansion of
industrial business. In addition, as an existing business, it will have a minimum adverse
impact on the surrounding community.
2. Approve the request with conditions such as:
a. Business operations shall be conducted in substantial conformance with the
provided traffic pattern.
b. Fencing shall be kept in like-new condition.
c. Landscaping shall be installed where feasible along Indiana Street.
d. Access to the business shall be removed from Indiana Street (pending Fire & EMS
needs).
e. Activities related to business operations shall be confined to the boundaries of
the subject properties.
3. Deny the request.
Schedule A
Element Parking Required for Element
Office or Administrative Activity 3.5 spaces per 1,000 square feet
Indoor or Outdoor Storage or Warehousing 1 space per 5,000 square feet
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AN ORDINANCE enacted pursuant to the provisions ol Section 15.2-2272 of the 1950 Code of
Virginia, as amended, providing for vacating a right of way in the City of Salem, Virginia.
WHEREAS, Daryl Beckner submitted an application to the City of Salem pursuant to Virginia
Code Section 15.2-2272 to vacate and dispose ofan unopened 16'alley situated between Indiana Street
and Florida Street; and
WHEREAS, the unopened alley right of way is bounded on the north by 91h Street and the south
by the Norfolk Southern Railway and by the following:
On the east by:
Indiana Street (Tax Parcel #198-3-8)
Indiana Street (Tax Parcel #198-3-9)
Indiana Street (Tax Parcel #198-3-10)
Indiana Street (Tax Parcel # I 98-3- 1 1)
Indiana Street (Tax Parcel #186-6-1)
And on the west by:
Florida Street (Tax Parcel #198-3-1)
Florida Street (Tax Parcel #198-3-2)
Florida Street (Tax Parcel #198-3-3)
Florida Street (Tax Parcel #198-3-4)
Florida Street (Tax Parcel #198-3-5)
Florida Street (Tax Parcel #198-3-6)
Florida Street (Tax Parcel #198-3-7),
as shown on that certain drawing prepared by the City of Salem Community Development Department
dated March 2022, attached hereto and made a part hereof(herein "Vacated Right-of-Way"); and
WHEREAS, the applicant gave proper notice pursuant to Virginia Code Sections 15.2-2272 and
Section 15.2-2204 to the land proprietors affected by the closing ofthe right ofway by causing a public
notice to be published in the Salem Times - Register, a newspaper published and having general
circulation in the City of Salem, Virginia, such publication having been made twice, with at least six days
elapsing between the first and second publication, to-wit; on April 7 and 14,2022, and such notice
specified the time and place of public hearing to-wit: April 25, at 6:30 p.m. in Council Chamber, City
Hall, 114 North Broad Street, Salem, Virginia, at which time the public was allowed to present their
views regarding the abandonment, all of which is shown by a Certificate of Publication executed by
Salem Times - Reeister and filed with the papers in this proceeding; and
WHEREAS, on the 25th day of April2022 after the previously referenced public hearing the
Council of the City of Salem, Virginia, adopted Resolution No. 1423 appointing viewers to report
whether or not in their opinion any and ifany, what, inconvenience would result from perrnanently
vacating the aforesaid alley as set forth in the application; and
WHEREAS, the viewers reported in writing under date of May 4, 2022, rhaL after having been
duly swom they viewed the right ofway street and are unanimously ofthe opinion that no inconvenience
would result to anyone from permanently vacating and discontinuing the Vacated Right-of-Way; and
WHEREAS, the Council, after considering the evidence submitted, is of the opinion that vacating
and closing the portion of the right ofway described above will not abridge or destroy any ofthe rights
and privileges ofany person, and that no inconvenience would result to anyone therefrom, and it is further
of the opinion that the request ofthe applicant should be granted, conditioned upon, and subject to, the
{ oo4E,rao. Docx )45
owner oflhe abandoned property granting a public utility easement the width and length ofthe cunent
alley, and installing an access gate the width ofthe easement on 9th Street, and in the event ofan
emergency clearing any debris from the easement within two hours. In the event of a non-emergency
access need, the owner must clear any within two business days;
NOW, THEREFORE, BE IT ORDAINED BY THE COLINCIL OF THE CITY OF SALEM,
VIRGINIA, that the Vacated Right-of-Way is permanently vacated, discontinued, and closed as provided
in Section 15.2-2272 of the 1950 Code of Virginia, as amended to date; and
BE IT FURTHER ORDAINED that title to the Vacated Right-of-Way shall vest in the adjoining
property owners with the provisions of Section 15.2-227 4 of the Code of Virginia (1950); and
BE IT FURTHER ORDAINED that the area of the vacated right of way is zoned HM-Heavy
Manufacturing; and
BE IT FURTHER ORDAINED BY THE COLNCIL OF THE CITY OF SALEM, VIRGINIA,
that a certified copy ofthis ordinance be delivered to the Clerk ofthe Circuit Court ofthe City of Salem,
Virginia, for recordation therein, and to the Community Development Department of the City of Salem,
Virginia, make appropriate notice ofvacation herein approved on the maps and other documents in his
office.
All ordinances or parts of ordinances in conflict with the provisions of this ordinance shall be and
the same are hereby repealed.
This ordinance shall be in full force and effect ten ( 10) days after recordation of the deed ofpublic
utility easement relerenced above.
Upon a call for an aye and a nay vote, the same stood as follows:
John E. Saunders - Aye
William D. Jones - Aye
Byron Randolph Foley Aye
James W. Wallace, III - Aye
Renee F. Turk - Aye
Passed: June 2'7,2022
Effective: November 6, 2022
lsl
Mayor
ATTEST:
44---
H. Robert Light
Clerk of Council, City of Salem, Virginia
{ooaserso.Doca }46
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II;1
will be set for the remainder of the work study sessions with final decision
on additional dates and times being set at the May 12,1987,meeting --the
roll call vote being as follows:Howard C.Packett -aye;Alexander M.
Brown -aye;Carl E.Tarpley,Jr.-aye;W.Mac Green -aye;and James E.
Taliaferro -aye.
ON MOTION MADE BY COUNCILMAN BROWN,SECONDED BY VICE MAYOR GREEN,AND
DULY CARRIED,in accordance with Section 2.1-344 (a)(1),(2),and (6)of
the Code of Virginia,1950 as amended to date,Council adjourned to
Executive Session at 9:54 p.m.to discuss personnel,real estate,and legal
or contractual matters --the roll call vote being as follows:Howard C.
Packett -aye;Alexander M.Brown -aye;Carl E.Tarpley,Jr.-aye;W.Mac
Green -aye;and James E.Taliaferro -aye.
Upon reconvening at 10:35 p.m.and there being no further business to
come before the Council,the same on motion adjourned at 10:36 p.m.
Mayor --'
--~-
May 11,1987
A regular meeting of the Council of the City of Salem,Virginia,was
held in Council Chambers,City Hall,114 North Broad Street,on May 11,
1987,at 7:30 p.m.,there being present the following members of said
Council,to wit:W.Mac Green,Carl E.Tarpley,Jr.,Alexander M.Brown,
and Howard C.Packett (James E.Taliaferro -absent);with W.Mac Green,
Vice Mayor,presiding;together with William J.Paxton,Jr.,City Manager;
Randolph M.Smith,Assistant City Manager and Clerk of Council;o.Marvin
Sowers,Jr.,Director of Planning and Development;Frank P.Turk,Director
of Finance;nnd Stephen M.Yost,City Attorney;and the following business
was transacted:
The minutes of the regular meeting of April 27,1987,were approved as
written.
The report by the Director of Finance of the City's financial status
for the month of April was received and ordered filed.
Vice Mayor Green reported that Council at its regular meeting held on
April 27,1987,continued to this meeting of the Council consideration of
the request oE Nelda H.Hedge for a Zoning and Use Permit to store scrap
metal on certain lots on Florida Street and Indiana Street in order for
members of the staff to meet with adjacent property owners to determine the
screening,etc.,for said property;and
WHEREAS,Vice Mayor Green reported that the staff met with Nelda H.
Hedge,Daryl Beckner,Richard Stout of Stout Door Company,and Ken King,
Attorney representing adjacent property owners opposed to said permit,and
it was agreed by all parties that issuance of a Zoning and Use Permit would
be acceptable to all parties involved provided the following conditions are
met:
1.A solid board fence at least seven (7)feet in height shall be
installed parallel to Indiana Street on tax parcel 198-3-11 and
set back from the street the same distance as the front of the
Stout Door Company building on tax parcel 198-3-10.Screen
plantings of a type approved by the City horticulturist shall be
provided along the fence.
2.The same type of board fencing described above shall also be
provided along the south property line of tax parcel 198-3-11
parallel to Tenth Street and parallel to the north property line
of this same parcel near the Stout Door Company building.The
fence parallel to the north property line shall be set back ten
(10)feet from that line.
3.White pines shall be planted at the southeast corner of tax parcel
198-3-11 extending a minimum of fifteen (15)feet from this corner
along the board fence parallel to Indiana Street and Tenth Street.
Plantings to be spaced in such a manner to provide adequate
screening of the storage yard to motorists crossing the railroad
tr1ck on Indiana Street.
4.No entrance from tax parcel 198-3-11 shall be provided which
permits access from or egress to Indiana Street.
5.Wepds and other vegetative growth shall be controlled by spraying
a non-toxic herbicide at least three (3)times a year in all
exterior storage areas.
I
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169
EXECUTIVE
SESSION FOR
PERSONNEL,
REAL ESTATE,
AND LEGAL OR
CONTRACTUAL
MATTERS
ZONING AND
USE PERMIT
GRANTED TO
NELDA H.
HEDGE TO
STORE SCRAP
METAL ON
CERTAIN LOTS
ON FLORIDA
AND INDIANA
STREETS WITH
CONDITIONS
49
170
6.Lattice or other adequate screening at least seven (7)feet in
height approved by the City shall be provided:(a)on tax parcels
198-3-2,198-3-6,and 198-3-7 along their west property lines
parallel to Florida Street;(b)on tax parcels 198-3-3 and 198-3-6
between these parcels and the residences on tax parcels 198-3-4
and 198-3-5;and (c)on tax parcel 198-3-1 between Ninth Street
and along exterior storage on that parcel.
ORDINANCE
PASSED ON
SECOND
READING
AMENDING SIGN
REGULATIONS
FOR CITY
7.Junk,scrap and other material shall not be stored,piled,or
stacked higher than six (6)feet in height.
8.A security fence shall be provided along the alley along all areas
which currently lack such a fence.
9.A bond or letter of credit from a bank in the amount of $2,500
shall be posted as assurance that improvements will not only be
made,but also maintained in good repair.
10.The board fence on tax parcel 198-3-11 parallel to Indiana Street
shall be installed within 60 days from the date of the Zoning and
Use Permit,and the required plantings along this fence shall be
installed by August 31,1987.All fencing,screening,plantings,
and all other measures necessary to meet the above conditions
shall be in place or secured by September 15,1987;and
WHEREAS,a discussion was held concerning said permit and the
petitioners were reminded that this permit may be revoked at anytime should
conditions warrant;
ON MOTION MADE BY COUNCILMAN BROWN,SECONDED BY COUNCILMAN PACKETT,AND
DULY CARRIED,a Zoning and Use Permit is hereby granted to Nelda H.Hedge to
store scrap metal on certain lots on Florida Street and Indiana Street
subject to the above conditions and the staff is authorized to carefully
screen this location to determine that all conditions are met --the roll
call vote being as follows:Howard C.Packett -aye;Alexander M.Brown -
Aye;Carl E.Tarpley,Jr.-aye;W.Mac Green -aye;and James E.Taliaferro
-absent.
Vice Mayor Green reported that Council at its regular meeting held on
April 27,1987,passed an ordinance on first reading as amended by deletion
of paragraph numbered 32-192 (5)(f);and
WHEREAS,Vice Mayor Green stated that letters have been received by
Council from Dominion Sign Company and Etzler Signs,Etc.,recommending
changes to the City Sign Ordinance;and
WHEREAS,Councilman Packett,Chairman of Committee appointed by Council
to consider amendments to the Sign Ordinance recommended by the staff and
Planning Commission,stated that the items listed in both letters have
previously been considered and it is the recommendation of the Committee and
staff not to make the requested amendments to the ordinance;and
WHEREAS,it was noted that representatives from the affected sign
companies are not present at this meeting of the Council and Council is of
the opinion that the only change to the ordinance should be the deletion of
paragraph numbered 32-192 (5)(f)authorized at the April 27,1987,meeting
of Council;
ON MOTION MADE BY COUNCILMAN PACKETT,SECONDED BY COUNCILMAN BROWN,AND
DULY CARRIED,the following ordinance was duly passed and adopted on second
reading with the deletion of Section 32-192 (5)(f)authorized at the April
27,1987,meeting of Council:
AN ORDINANCE TO M1END,REVISE,AND REORDAIN CHAPTER 32,OF THE CODE OF THE CITY
OF SALEM,VIRGINIA,BY ADDING THERETO NEW ARTICLE XX,SECTIONS 32-128 THROUGH
32-192,PERTAINING TO SIGN REGULATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM,VIRGINIA,that Chapter
32 of The Code of the City of Salem,Virginia,be amended,revised,and
reordained by adding Article XX,Sections 32-128 through 32-192 thereto to read
as follows:
ARTICLE XX.SIGN REGULATIONS
Division 1.Generally
Sec.32-128.Statement of Purpose.
The purpose of this chapter is to permit the use of publicly visible
signs,displays,or graphics in a manner that protects the public welfare
and safety.Specific objectives to these ends include controlling the use
of such public displays in order to:
(1)Promote the safety of the traveling public and pedestrians by
assuring quality construction and maintenance of signs,providing for
appropriate sign location relative to rights-of-way and other
structures in order to maintain safe sight distances and access;
minimizing distractions for motorists;preventing traffic signs and
signals from becoming obscure;improving motorists'ability to
quickly identify roadside destinations;and maintaining appropriate
sign standards that support police surveillance activities.
(2)Equitably distribute the privilege of using the public environs to
communicate private information,preserve sight lines for use by all,
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