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HomeMy WebLinkAbout1/11/2023 - Planning Commission - Agenda -RegularPlanning Commission Meeting AGENDA Wednesday, January 11, 2023, 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, 114 North Broad Street WORK SESSION 1.Call to Order 2.New Business A.Discussion of items on the January agenda 1. Harrogate. 2. Mill Lane properties 3.Adjournment REGULAR SESSION 1.Call to Order A.Pledge of Allegiance 2.Election of Officers A.Election of Officers In accordance with 15.2-2217 of the Code of Virginia, consider the election of Chairman and Vice-Chairman for 2023. 3.Consent Agenda A.Minutes Consider acceptance of the minutes from the December 14, 2022, work session and regular meeting. 4.Old Business A.Amendment to the Zoning Ordinance Hold public hearing to consider the request of Friendship Salem Terrace, LLC, contract Page 1 of 63 purchaser, and White Whale Two, LLC, property owner of 1871 Harrogate Drive (Tax Map # 128-1-5), and Friendship Salem Terrace, LLC, property owner of 1851 Harrogate Drive (Tax Map # 128-1-13) for rezoning the properties from RMF Residential Multifamily District, with conditions to HBD Highway Business District, with conditions. (Continued from the December 14, 2022, meeting.) 5.New Business A.Amendment to the Zoning Ordinance Hold public hearing to consider the request of the City of Salem, property owner, of the 1900 block of Mill Lane (Tax Map # 179 - 2 - 1.1) for rezoning the property from AG Agriculture District to LM Light Manufacturing. B.Amendment to the Zoning Ordinance Hold public hearing to consider the request of Charles N Dorsey, property owner, of 1900 Mill Lane (Tax Map # 179 - 2 - 1) for rezoning the property from AG Agriculture District and RSF Residential Single-Family District to RSF Residential Single-Family District. 6.Adjournment City Council meeting, January 23, 2023, 6:30 p.m. Council Chambers, City Hall, 114 North Broad Street Page 2 of 63 Planning Commission Meeting MINUTES Wednesday, December 14, 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 December 14, 2022; there being the members of said Commission, to wit: Vicki G. Daulton, Chair; Denise P. King, Vice Chair; and Neil L. Conner; together with 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 A. Discussion of items on the December agenda 1. Harrogate 2. The Salem Service Squad 3. Comprehensive Plan A discussion was held regarding the December 14, 2022, items. 3. Adjournment Chair Daulton inquired if there were any other items for discussion and hearing none, adjourned the work session at 6:35 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 December 14, 2022. Notice of such hearing was published in the December 1 and 8, 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; Mary Ellen Wines, Planning & Zoning Administrator; and Maxwell Dillon, Planner, and the following business was transacted: Page 3 of 63 On a motion made by Member Conner, seconded by Vice Chair King, and duly carried, Mary Ellen Wines was appointed Secretary Pro-Tem of the Commission. 2. Pledge of Allegiance 3. Consent Agenda A. Minutes Consider acceptance of the minutes from the November 16, 2022, work session and regular meeting. Denise King motioned to consider acceptance of the November 16, 2022, work session and regular meeting. Neil Conner seconded the motion. Ayes: Conner, Daulton, King Absent: Beamer, Garst 4. New Business A. Amendment to the Zoning Ordinance Hold public hearing to consider the request of Friendship Salem Terrace, LLC, contract purchaser, and White Whale Two, LLC, property owner of 1871 Harrogate Drive (Tax Map # 128-1-5), and Friendship Salem Terrace, LLC, property owner of 1851 Harrogate Drive (Tax Map # 128-1-13) for rezoning the properties from RMF Residential Multifamily District, with conditions to HBD Highway Business District, with conditions. Neil Conner motioned to continue until January 11, 2023, the request of Friendship Salem Terrace, LLC, contract purchaser, and White Whale Two, LLC, property owner of 1871 Harrogate Drive (Tax Map #128-1-5), and Friendship Salem Terrace, LLC, property owner of 1851 Harrogate Drive (Tax Map #128-1-13) for rezoning the properties from RMF Residential Multi-family District, with conditions to HBD Highway Business District, with conditions. Denise King seconded the motion. Ayes: Conner, Daulton, King Absent: Beamer, Garst 5. Adjournment Having no other items before the Commission, on motion by Member Conner, seconded by Vice Chair King and duly carried, meeting was adjourned at 7:02 p.m. City Council meeting, January 9, 2023, 6:30 p.m. Council Chambers, City Hall, 114 North Broad Street Page 4 of 63 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 Friendship Salem Terrace, LLC, contract purchaser, and White Whale Two, LLC, property owner of 1871 Harrogate Drive (Tax Map # 128-1- 5), and Friendship Salem Terrace, LLC, property owner of 1851 Harrogate Drive (Tax Map # 128-1-13) for rezoning the properties from RMF Residential Multi-family District, with conditions to HBD Highway Business District, with conditions. SUBMITTED BY: Mary Ellen Wines, CZA CFM, Planning & Zoning Administrator SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: RMF Residential Multi-family Land Use Plan Designation: Residential Existing Use: Civic – Assisted Care Residence Proposed Use: Commercial – Life Care Facility The subject properties consist of a 4.116-acre parcel located at 1851 Harrogate Drive and a 2.084-acre parcel located adjacent 1871 Harrogate Drive. Both of these parcels currently sit in the RMF Residential Multi-family District with each property subject to the following conditions implemented by City Council in 2005: 1. The Harrogate II site will be developed in substantial conformity with the site plan prepared by Collins & Kronstadt Leahy, Hogan, Collins Draper LLP and dated 3-11- 05, except as revisions are required during development plan review. 2. Construction traffic will access the site from Murrell Avenue. The current operations of Friendship Salem Terrace LLC on the parcel located at 1851 Harrogate Drive fall under the “assisted care residence” use type, allowing for a semi- independent lifestyle for residents that does not reach the level of care provided in nursing homes. If approved, the applicants intend to expand the operations at 1851 Harrogate Drive to 1871 Harrogate Drive to a “life care facility” which encompasses care for individuals ranging and progressing from independence to nursing home type care. As a part of the rezoning process, the applicant has requested to replace the existing proffered conditions applicable to the two subject properties with the following four proffers: Page 5 of 63 1. The property shall be developed in substantial conformity with the renderings and the drawings prepared by SFCS Architects attached hereto as Exhibit A. 2. The property may only be used as a Life Care Facility and for no other purpose permitted under the City of Salem Zoning Ordinances. 3. Except for emergency ingress and egress to the property which may be required by the City of Salem Fire-EMS, no access to or from Murrell Road shall be permitted. 4. The lot lines between Tax Parcel 128-1-13 and Tax Parcel 128-1-5 shall be vacated and the parcels combined once Friendship Foundation acquires Tax Parcel 128-1-5 from White Whale Two, LLC. In summation, if approved, the two properties at 1851 and 1871 Harrogate will be rezoned from RMF Residential Multi-family to HBD Highway Business District, utilized as a Life Care Facility, and combined into one singular tax parcel. REQUIREMENTS: The proposal meets the requirements of Section 106-214.3. Site development regulations for HBD. OPTIONS: 1. Recommend approval of the request with the updated proffers. 2. Recommend denial of the request. Page 6 of 63 Page 7 of 63 Page 8 of 63 Page 9 of 63 Page 10 of 63 Page 11 of 63 Page 12 of 63 Page 13 of 63 Page 14 of 63 Page 15 of 63 Page 16 of 63 Page 17 of 63 Page 18 of 63 Page 19 of 63 Page 20 of 63 Page 21 of 63 Page 22 of 63 Page 23 of 63 Page 24 of 63 Page 25 of 63 Page 26 of 63 Page 27 of 63 Page 28 of 63 Page 29 of 63 Page 30 of 63 Page 31 of 63 Page 32 of 63 Page 33 of 63 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, White Whale Enterprises, LLC, property owner, has heretofore petitioned to have property being 6.38 acres located in the 1800 block of Murrell Avenue from RMF Residential Multi- Family District with conditions (formerly Residential District R-4 with conditions) to RMF Residential Multi-Family District with conditions; and WHEREAS, in said petition, White Whale Enterprises, LLC, property owner, did voluntarily proffer written conditions in addition to the regulations provided for in RMF Residential Multi-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 April 13, 2005, 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, presently zoned RMF Residential Multi-Family District with conditions in the City of Salem, be and the same is hereby changed from RMF Residential Multi-Family District with conditions to RMF Residential Multi- Family District with amended conditions and the map referred to shall be changed in this respect and no other. However, in addition to the regulations for such zoning district as contained in Chapter 106 of The Code of the City of Salem, Virginia, there is hereby incorporated the conditions set forth in Section 2 of this ordinance to the same extent and purpose as though such conditions were herein fully set out at length: Beginning at an iron pin on the north side of Murrell Avenue at its west terminus; thence S. 06° 27' 00" E. 373.34 feet to an iron pin; thence S. 83° 10' 00" W. 741.14 feet to an iron pin; thence N. 06° 37' 00" W. 70.33 feet to an iron pin; thence S. 82° Page 34 of 63 Section 2. 36' 18" W. 208.74 feet to an iron pin; thence N. 06° 05' 49" W. 159.69 feet to an iron pin; thence S. 83° 54' 11" W. 45 feet to an iron pin; thence S. 56° 32' 31" W. radius of 40.00 feet 38.20 feet with a tangent of 20.70 feet chord of 36.77 feet with a delta of 54° 43' 21" to an iron pin; thence S. 56° 32' 31" W. with a radius of 25.00 feet 23.88 feet with a tangent of 12.94 feet chord of 22.98 feet and a delta of 54° 43' 21" to an iron pin; thence S. 83° 54' 11" W. 171.93 feet to an iron pin; thence N. 72° 00' 08" W. radius of 25.00 feet 21.03 feet with a tangent of 11.18 feet chord of 20.41 feet and delta of 48° 11' 23" to an iron pin; thence S. 62° 59' 52" W. with a radius of 50.00 feet 120.59 feet at an arc of 40.29 feet tangent of 130.90 feet chord of 93.42 feet and a delta of 138° 11' 23" to an iron pin; thence S. 06° 05' 49" E. to an iron pin; thence N. 84° 56' 58" E. 488.81 feet to an iron pin; thence N. 25° 07' 05" W. 38.53 feet to an iron pin; thence N. 83° 00' 00" E. 123.58 feet to the point and place of the beginning and containing 6.381 acres as shown on survey by Balzer & Associates dated November 5, 1996. The following conditions voluntarily proffered shall apply in addition to the regulations contained in Chapter 106 of The Code of the City of Salem: 1. The Harrogate II site will be developed in substantial conformity with the site plan prepared by Collins & Kronstadt Leahy, Hogan, Collins Draper LLP and dated 3-11-05, except as revisions are required during development plan review. 2. Construction traffic will access the site from Murrell Avenue. 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. Page 35 of 63 Upon a call for an aye and a nay vote, the same stood as follows: John Christopher Clemens -Aye Jane W. Johnson -Aye John C. Givens -Aye Howard C. Packett -Aye Carl E. Tarpley, Jr. -Aye Passed: Effective: May 9, 2005 May 19, 2005 /s/ Carl E. Tarpley, Jr. Mayor ATTEST: s E. erk of Council City of Salem, Virg nia Page 36 of 63 Page 37 of 63 Page 38 of 63 MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip 128-1-5 1871 HARROGATE DR WHITE WHALE TWO LLC P O BOX 2202 SALEM VA 24153 128-1-13 1851 HARROGATE DR WHITE WHALE ENTERPRISES LLC P O BOX 2202 SALEM VA 24153 138-1-11 1900 BLK W MAIN ST Q REALTY LLC 6083 WERTZ ORCHARD RD ROANOKE VA 24018 139-1-1 1851 W MAIN ST WAL-MART REAL EST BUS TRUST C/O WAL-MART PROPERTY TAX DEPT P O BOX 8050 MS 0555 BENTONVILLE AR 72716-0555 127-5-1.6 1811 EPPS DR BRADLEY K PRUETT AMY N PRUETT 1811 EPPS DR SALEM VA 24153 127-5-1.7 1815 EPPS DR JEFFREY D DILLON CYNTHIA M DILLON 1815 EPPS DR SALEM VA 24153 127-5-1.8 1817 EPPS DR BARRY DEAN TAYLOR ANGELA D TAYLOR 1817 EPPS DR SALEM VA 24153 127-1-1 1842-1846 MURRELL AVE CECILIA M PRUITT 1842 MURRELL AVE SALEM VA 24153 128-1-4 1862 MURRELL AVE BRUCE A MAXEY 1862 MURRELL AVE SALEM VA 24153 128-1-3 1886 MURRELL AVE WALDROP DEVELOPMENT CORP P O BOX 2202 SALEM VA 24153 128-1-14 1900 GRASMERE CIR ROBERT ALLAN FASNACHT 1900 GRASMERE CIR SALEM VA 24153 128-1-15 1904 GRASMERE CIR EVELYN ANN SAUL PERDUE TRUST GINA P LIGHT TRUSTEE 262 PINE LN BOYDTON VA 23917 128-1-16 1908 GRASMERE CIR SHIRLEY S EPPERLY 1908 GRASMERE CIR SALEM VA 24153 128-1-17 1912 GRASMERE CIR TOD RAY SOWDER 1912 GRASMERE CIR SALEM VA 24153 128-1-18 1916 GRASMERE CIR DOROTHY M BRICKEY 1916 GRASMERE CIR SALEM VA 24153 128-1-19 1920 GRASMERE CIR LAETA F MEADOR 1920 GRASMERE CIR SALEM VA 24153 128-1-2.5 109 DEEP DELL RD LISA DAWN HAHN & CINDI LYNETTE MOOREC/O MICHAEL F CALAWAY 109 DEEP DELL RD SALEM VA 24153 128-1-2.6 111 DEEP DELL RD MATTHEW W CANTERBURY ALEXIS L GREIMEL 111 DEEP DELL RD SALEM VA 24153 128-1-10 100 BLK DEEP DELL RD SCOTT E SNYDER 4325 ALFRIENDS TRL VIRGINIA BEACH VA 23455 138-1-6 1969 W MAIN ST RENT-A-SPACE INC C/O STORAGE ASSET MANAGEMENT 3501 CONCORD RD SUITE 350 YORK PA 17402 128-1-9 1945 W MAIN ST CARILION CLINIC PROPERTIES LLC 213 S JEFFERSON ST SUITE 1600 ROANOKE VA 24011 128-1-6 1943 W MAIN ST CARILION CLINIC PROPERTIES LLC 213 S JEFFERSON ST SUITE 1600 ROANOKE VA 24011 Page 39 of 63 Page 40 of 63 Page 41 of 63 114 North Broad Street, Salem, Virginia 24153 (540) 375-3032 IMPORTANT NOTICE OF PUBLIC HEARINGS PROPOSAL TO CHANGE ZONING Notice is hereby given that a request has been filed with the City of Salem by the property owner/petitioner of the property described below. The Planning Commission of the City of Salem will consider this request at its meeting listed below and make a recommendation to the City Council. The City Council of the City of Salem will also consider this request, and the recommendation of the Planning Commission at its meeting listed below. City Council will make the final decision in this matter. Property Owner/Petitioner: White Whale Two, LLC, property owner of 1871 Harrogate Drive, and Friendship Salem Terrace, LLC, contract purchaser of 1871 Harrogate Drive, and property owner of 1851 Harrogate Drive. Location of Property: 1871 Harrogate Drive and 1851 Harrogate Drive (Tax Map # 128-1-5 and 128-1-13) Purpose of Request: To rezone for the properties located at 1871 Harrogate Drive and 1851 Harrogate Drive, (Tax Map # 128-1-5 and 128-1-13) from RMF Residential Multifamily District, with conditions to HBD Highway Business District with conditions. The date, time, and place of the public hearing scheduled by the Planning Commission on this request are as follows: WEDNESDAY, DECEMBER 14, 2022 – 7 P.M. COUNCIL CHAMBERS, FIRST FLOOR, SALEM CITY HALL 114 NORTH BROAD STREET, SALEM, VIRGINIA The date, time, and place of the public hearing scheduled by City Council on this request are as follows: MONDAY, JANUARY 9, 2023 – 6:30 P.M. COUNCIL CHAMBERS, FIRST FLOOR, SALEM CITY HALL 114 NORTH BROAD STREET, SALEM, VIRGINIA Additional information on this request may be obtained in the Community Development Department, 21 South Bruffey Street, Salem, Virginia or at (540) 375-3032. James E. Taliaferro, II Executive Secretary Planning Commission Page 42 of 63 Page 43 of 63 Page 44 of 63 Page 45 of 63 From:Cooper Youell To:Mary Ellen H Wines Cc:Leigh Holland Subject:[Ext.] Re: January Planning Commission Date:Wednesday, January 4, 2023 10:58:20 AM CAUTION: This message has originated from an external source. Please use proper judgment and caution when opening attachments, clicking links or responding to this email. Mary Ellen, Happy new year. Thanks for checking in. We will want to defer for another month. Cooper C. Cooper Youell, IV Whitlow & Youell, PLC 28A Kirk Avenue, SW Roanoke, VA. 24011 Office: 540-904-7836 Cell: 540-597-7836 Fax: 866-684-7836 On Jan 4, 2023, at 09:44, Mary Ellen H Wines <mewines@salemva.gov> wrote:  Good morning and Happy New Year! We are sending out the planning commission packets today and I wanted to check with you to see if Friendship wanted to move forward this month. Thanks so much. Mary Ellen H. Wines, CZA CFM Planning & Zoning Administrator Community Development City of Salem (540) 375-3032 This e-mail message is for the sole use of the intended recipient(s) and may contain privileged and/or confidential information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Page 46 of 63 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 the City of Salem, property owner, of the 1900 block of Mill Lane (Tax Map # 179 - 2 - 1.1) for rezoning the property from AG Agriculture District to LM Light Manufacturing. SUBMITTED BY: Mary Ellen Wines, CZA CFM, Planning & Zoning Administrator SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: AG Agriculture Land Use Plan Designation: Residential / Economic Development Area Existing Use: Vacant Proposed Zoning: Industrial – Light Manufacturing The subject property, located at the 1900 block of Mill Lane, consists of approximately 12.281 acres and currently sits in AG Agriculture District. Acquired by the City of Salem in 2022, the City anticipates rezoning the property in order to create additional space for future industrial development. If approved, the City will market the property to prospective businesses which operate within the use types permitted by the LM Light Manufacturing District. While currently zoned AG Agriculture, the Future Land Use Map (FLUM) identifies the majority of this parcel as an Economic Development Area with a smaller component designated Residential. Though this parcel is addressed Mill Lane, there appears to be opportunities to possibly create additional access off of Southside Drive. The topography of the site provides a natural buffer between the area designated for potential future industrial development and the residential areas located to the south and southeast of the subject property. Despite bordering very few existing residential parcels, elevation changes and existing vegetation on—site serve as natural screening mechanisms. Any additional screening required by City Code would be identified and installed. REQUIREMENTS: The proposal meets the requirements of Section 106-218.3. Site development regulations for LM. OPTIONS: 1. Recommend approval of the request. 2. Recommend denial of the request. Page 47 of 63 1. Applicant(s): PETITION FOR ZONING AMENDMENT (REZONING) City of Salem Communi$ Development Deparlment Mary Ellen Wines, CZA CFM, Zoning Administrator EmaiI: trgytleg@lelgM3jly Telephone: 540-375-3032 City of Salem 2. Legal Owne(s) of property requested to be rezoned: 3. Location of Property: Address:1900 Block Mill Lane Subdivision: Official Tax Map Number:179-2-1.1 4.Characteristics of Property: Size (Acreage):12.2807 ac Deed Restrictions: Present Use: 5. Zoning Classification: Present Zoning: AG - Aoricultural District Proposed Zoning:LM - Light Manufacturing District Land Use Designation: 6. Reason(s) for Rezoning Request (lncluding proposed use): This parcel is adjacent to the existing Southside Drive lndustrial Park and has been slated as an economic development area on the future land use map. This site will be marketed for 7. Agent(s) or representative(s) of property owner(s): (Specify interest) James E. Taliaferro. ll. Citv Manaqer, Citv of Salem Mailing Address:P O Box 869 24153 Telephone Number:540-375-3016 8. Affidavit: A. The undersigned person certifles that this petition and the foregoing ans!'r'ers, statements' and other information herewith submitted are in all respects true and correct to the best oftheir knowledge and belief, Also, the petitioner understands that a "Notice of Zoning Request' sign will be posted on the property by the City. Applicant Signature:Same as owner Applicant lnterest in Property: Applicant Mailing Address: Applicant Phone Owner owner lnterest Owner Mailing Address:114 North Broad Street Salem, Virginia Owner Telephone Number:540-375-3016 Page 48 of 63 Page 49 of 63 Page 50 of 63 Page 51 of 63 Page 52 of 63 4203 MELROSE AVE., N.W. P.O. BOX 6260 ROANOKE, VIRGINIA 24017 PHONE (540) 366-3400 cwaroanoke@aol.com Description of Tract A-2-A containing 12.2807acres Resubdivision Plat for City of Salem, Virginia (P.B. 16, Pg. 57, Slide 243) Creating TRACT A-1-A 2.4558 ACRES, TRACT A-2-A 12.2807 ACRES AND TRACT A-2-B 11.3162 ACRES Situate on Mill Lane City of Salem, VA BEGINNING at Corner No. 42 as shown on Resubdivision Plat for City of Salem, V irginia showing Tract A-1 and Tract A-2, Subdivision for Helen McNeal Johnston and Share #2 Trust U/W Russel Moorman Johnston (P.B. 92, Pg. 92. Slide 145) creating TRACT A-1-A 2.4558 ACRES, TRACT A-2-A 12.2807 ACRES, and TRACT A-2-B 11.3162 ACRES by Caldwell White Associates, PLLC dated 22 Aug. 2022 and recorded in the Office of the Clerk of the Circuit Court of the City of Salem in P.B. 16, Pg. 57, Slide 243, and being on the easterly right of way of Mill Lane and the southwesterly corner of Section 2, Southside Industrial Park (P.B. 2. Pg. 67); Thence leaving Mill Lane and with the southerly line of Southside Industrial Park, S. 74°42’40” E., passing an iron pin found at 254.98’, an iron pin found at 362.67’, an iron pin found at 466.38’, an iron pin found at 804.23’, an iron pin found at 891.12’, and an iron pin found at 1,090.06’ for a total of 1,402.83’ to Corner No. 2, an iron pin set; Thence continuing with Section 3 of Southside Industrial Park (P.B. 3, Pg. 25), S 0°50’00” E., passing an iron pin found at 0.29’ right at 230.25’, for a total distance of 231.85’ to Corner No. 3; Thence leaving Southside Industrial Park and with Lot 11 of Victoria Estates Phase II, N.85°10’11” W., 13.52’ to Corner No. 4; Thence continuing with Lot 11, S. 15°58’11” E. 17.10’ to Corner No. 5, an iron pin set; Thence leaving Lot 11 and with Tract B, P.B. 13, Pg. 84, property of Jeffrey l. Dorsey, Douglas R. Dorsey, and Charles N. Dorsey, N. 85°19’11” W., 211.52’ to Corner No. 6, an iron pin set; Thence leaving Tract B and with a new division lines through Tract A-2A, property of Jeffrey L. Dorsey, Douglas R. Dorsey, and Charles N. Dorsey, Will Instrument No. 160000042, the following: S. 59°10’04” W., 272.00’ to Corner No. 43, an iron pin set; Thence N. 74°37’38”W., 427.61’ to Corner No. 44, an iron pin set; Thence N. 60°04’04” W., 44.03’ to Corner No. 45; Thence N. 29°55’56” E., 15.00’ to Corner No. 46; Thence N. 60°04’04 ” W., 15.00’ to Corner No. 47; Thence S. 29°55’56” W., 15.00’ to Corner No. 48; Thence N. 60°04’04” W., 65.35’ to corner No. 49, an iron pin set; Thence N. 53°22’43” W., 301.30’ to Corner No. 50, an iron pin set; Thence N. 20°45’27” W., 209.31’ to Corner No. 51, an iron pin set; Thence S. 83°27’27” W., 86.27’ to Corner No. 52, an iron pin set in the easterly right of way of Mill Lane; Thence with the easterly right of way of Mill Lane, variable width right of way, on a curve to the right whose radius is 398.51’, whose length is 51.84’, and whose chord is N. 02°48’55” W., 51.81’ to Corner No. 41; Thence continuing with said right of way on a curve to the right whose radius is 692.81’, whose length is 148.16’, and whose chord is N. 08°08’36” E., 147.88’ to the Point of BEGINNING, being all of TRACT A-2-A as shown on the aforesaid plat and containing 12.2807 acres. Page 53 of 63 Page 54 of 63 Page 55 of 63 MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip 179-2-1.1 1900 BLK MILL LN CITY OF SALEM P O BOX 869 SALEM VA 24153 179-1-2 1901 MILL LN CHARLES W KING 1901 MILL LN SALEM VA 24153 179-1-1 1739 MILL LN JOHN THOMAS MCCANN 1739 MILL LN SALEM VA 24153 179-2-2 1510 SOUTHSIDE DR WM S TRIMBLE CO INC 2200 ATCHLEY ST KNOXVILLE TN 34920 179-2-3 1490 SOUTHSIDE DR WM S TRIMBLE CO INC 2200 ATCHLEY ST KNOXVILLE TN 34920 179-2-4.1 1400 SOUTHSIDE DR MARK E CARTER 1281 SOUTHSIDE DR SALEM VA 24153 179-2-4.2 1390 SOUTHSIDE DR BSMM PROPERTIES LLC 233 N BROAD ST SALEM VA 24153 179-2-4.3 1370 SOUTHSIDE DR BSMM PROPERTIES LLC 233 N BROAD ST SALEM VA 24153 179-2-4 1300 BLK SOUTHSIDE DR BSMM PROPERTIES LLC 233 N BROAD ST SALEM VA 24153 180-4-7 1340 SOUTHSIDE DR HELM BUILDING ENTERPRISES LTD 1491 SOUTHSIDE DR SALEM VA 24153 180-4-2 1320 SOUTHSIDE DR SHELDON T HENDERSON VICKIE HENDERSON 3320 HARBORWOOD RD SALEM VA 24153 180-4-3 1300 SOUTHSIDE DR SHELDON T HENDERSON VICKIE HENDERSON 3320 HARBORWOOD RD SALEM VA 24153 180-4-4 1290 SOUTHSIDE DR OLD SALEM MGMT LLC 800 HONEYSUCKLE RD SALEM VA 24153 180-4-5 1280 SOUTHSIDE DR WAYNE LEWIS 4912 BEAR RIDGE CIR ROANOKE VA 24018 180-4-6 1270 SOUTHSIDE DR J & D LANDSCAPING 1270 SOUTHSIDE DR SALEM VA 24153 180-2-1 1505 KENSINGTON DR JOSHUA EDWARD DODSON 1505 KENSINGTON DR SALEM VA 24153 204-2-1 1509 KENSINGTON DR JUSTIN S EPPERLY 1509 KENSINGTON DR SALEM VA 24153 204-13-1 1400 BLK PENLEY BLVD JEFFREY, CHARLES & DOUGLAS DORSEYC/O JEFFREY DORSEY - EXEC P O BOX 888 SALEM VA 24153 205-2-5 1906 MILL LN JEFFREY, CHARLES & DOUGLAS DORSEYC/O JEFFREY DORSEY - EXEC P O BOX 888 SALEM VA 24153 179-2-1 1900 MILL LN CHARLES N DORSEY 1900 MILL LN SALEM VA 24153 Page 56 of 63 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 Charles N Dorsey, property owner, of 1900 Mill Lane (Tax Map # 179 - 2 - 1) for rezoning the property from AG Agriculture District and RSF Residential Single-Family District to RSF Residential Single- Family District. SUBMITTED BY: Mary Ellen Wines, CZA CFM, Planning & Zoning Administrator SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: AG Agriculture and RSF Residential Single Family Land Use Plan Designation: Residential Existing Use: Residential – Single Family Detached Proposed Use: Residential – Single Family Detached The subject property consists of 2.456 acres which is currently split-zoned to include both the RSF Residential Single-Family District and AG Agriculture District. Formerly part of a larger farm spanning over 27 acres, a 1997 ordinance adopted by the Salem City Council allowed for 1.553 acres of the total property area to be modified from the Agricultural District to a Residential District. Several subsequent subdivisions culminated in the ultimate split-zoning of the subject property, which is now moving through the rezoning process in an attempt to remove that designation. The applicants utilize the property as a residence, and thus are seeking to remove the AG Agriculture component of its zoning classification. The Future Land Use Map (FLUM) identifies this area as Residential, consistent with the proposed rezoning. REQUIREMENTS: The proposal meets the requirements of Section 106-202.3. Site development regulations for RSF. OPTIONS: 1. Recommend approval of the request. 2. Recommend denial of the request. Page 57 of 63 Page 58 of 63 4203 MELROSE AVE., N.W. P.O. BOX 6260 ROANOKE, VIRGINIA 24017 PHONE (540) 366-3400 cwaroanoke@aol.com Description of Tract A-1-A containing 2.4558 acres Resubdivision Plat for City of Salem, Virginia (P.B. 16, Pg. 57, Slide 243) Creating TRACT A-1-A 2.4558 ACRES, TRACT A-2-A 12.2807 ACRES AND TRACT A-2-B 11.3162 ACRES Situate on Mill Lane City of Salem, VA BEGINNING at Corner No. 53 as shown on Resubdivision Plat for City of Salem, Virginia showing Tract A-1 and Tract A-2, Subdivision for Helen McNeal Johnston and Share #2 Trust U/W Russel Moorman Johnston (P.B. 92, Pg. 92. Slide 145) creating TRACT A-1-A 2.4558 ACRES, TRACT A-2-A 12.2807 ACRES, and TRACT A-2-B 11.3162 ACRES by Caldwell White Associates, PLLC dated 22 Aug. 2022 and recorded in the Office of the Clerk of the Circuit Court of the City of Salem in P.B. 16, Pg. 57, Slide 243, and being on the easterly right of way of Mill Lane and the southwesterly corner of Tract A-1-A and the westerly corner of Tract A-2-B and being shown as Corner No. 53 on the aforesaid plat; Thence leaving Tract A-2-B and with a new right of way line of Mill Lance on a curve to the left whose length is 21.55’, whose radius is 8,935.17’, and whose chord is N. 29°20’21” W., 21.55’ to it’s point of tangency, Corner No. 36; Thence continuing with the easterly right of way of Mill Lane, N. 32°42’05” W., 221.18’ to corner No. 37; Thence continuing with said right of way on a curve to the right whose length is 114.51’, whose radius is 947.50’ and whose chord is N. 26°12’10” W., 114.44’ to it’s point of tangency, Corner No. 38; thence continuing with said right of wa y, N. 20°10’13” W., 116.57’ to Corner No. 39; Thence continuing with said right of way on a curve to the right whose length is 116.57’, whose radius is 1,835.91’ and whose chord is N. 16°39’50” W., 116.55’ to Corner No. 40; Thence with said right of way on a curve to the right whose length is 55.71’, whose radius is 398.51’, whose chord is N. 10°32’50” W., 55.66’ to an iron pin set at Corner No. 52; Thence leaving the easterly right of way of Mill Lane and with the line of Tract A-2-A the following: N. 83°27’27” E., 86.27’ to an iron pin set at Corner No. 51; Thence S. 20°45’27” E., 209.31’ to an iron pin set at Corner No. 50; Thence S. 53°22’43” E., 301.30’ to an iron pin set at Corner No. 49; thence S. 60°04’04” E., 65.35’ to an iron pin set at Corner No. 48; Thence N. 29°55’56” E., 15.00’ to an iron pin set at Corner No. 47; Thence S. 60°04’04” E., 15.00’ to an iron pin set at Corner No. 46; Thence S. 29°55’56” W., 15.00’ to an iron pin set at Corner No. 45; Thence S. 60°04’04” E., 44.03’ to an iron pin set at Corner No. 44; Thence leaving Tract A-2-A and with the northerly line of Tract A-2-B, S. 35°46’20” W., 91.53’ to an iron pin found at corner No. 19; Thence S. 51°23’23” W., 50.38’ to an iron pin set at Corner No. 54; Thence S. 71°48’54” W., 160.24’ to Corner No. 53, the Point of Beginning, being all of Tract A-1-A as shown on the aforesaid plat and containing 2.4558 acres. Page 59 of 63 Page 60 of 63 Page 61 of 63 Page 62 of 63 MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip 179-2-1 1900 MILL LN CHARLES N DORSEY 1900 MILL LN SALEM VA 24153 205-2-5 1906 MILL LN JEFFREY, DOUGLAS & CHARLES DORSEYC/O JEFFREY L DORSEY EXEC P O BOX 888 SALEM VA 24153 205-1-8 1500 ASHLEY DR DAVID P SEXTON 1500 ASHLEY DR SALEM VA 24153 179-1-3 1501 ASHLEY DR DONALD W SMITH PAMELA J SMITH 1501 ASHLEY DR SALEM VA 24153 179-1-2 1901 MILL LN CHARLES W KING 1901 MILL LN SALEM VA 24153 179-2-1.1 1900 BLK MILL LN CITY OF SALEM P O BOX 869 SALEM VA 24153 Page 63 of 63