HomeMy WebLinkAbout8/16/2023 - Planning Commission - Agenda -RegularPlanning Commission Meeting
AGENDA
Wednesday, August 16, 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 August agenda
1. 128 Bellevue Avenue
2. 105 St. John Road
3. 2005 East Main Street
4. 1139, 1133, and 1127 Highland Road
B.Introduction of items on the September agenda
1. 640 Joan Circle
3.Adjournment
REGULAR SESSION
1.Call to Order
A.Pledge of Allegiance
2.Consent Agenda
A.Minutes
Consider acceptance of the minutes from the July 12, 2023, work session and regular meeting.
3.New Business
A.Special Exception Permit
Hold public hearing to consider the request of Jesse Spence, property owner, for the issuance
of a Special Exception Permit to allow a two family dwelling on the property located at 128
Bellevue Avenue (Tax Map # 78-1-1).
1
B.Amendment to the Zoning Ordinance
Hold public hearing to consider the request of Helm Building Enterprises Ltd., property owner,
for rezoning the property located at 105 St. John Road (Tax Map # 155-3-2) from HBD
Highway Business District to HM Heavy Manufacturing.
C.Amendment to the Zoning Ordinance
Hold public hearing to consider the request of Doyle Properties, LLC, property owner, for
rezoning the property located at 2005 East Main Street (Tax Map # 78-2-2.11) from RSF
Residential Single Family to HBD Highway Business District.
D.Amendment to the Zoning Ordinance
Hold public hearing to consider the request of Neal Wall, property owner, for rezoning the
properties located at 1139, 1133, and 1127 Highland Road (Tax Map # 230-2-7, 230-2-6, and
230-2-5) from RSF Residential Single Family to HBD Highway Business District.
4.Adjournment
City Council meeting, August 28, 2023, 6:30 p.m.
Council Chambers, City Hall, 114 North Broad Street
2
Planning Commission Meeting
MINUTES
Wednesday, July 12, 2023, 7:00 PM
Work Session 6:30PM 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 July 12, 2023; there being the members of said Commission, to wit: Vicki G.
Daulton, Chair; Denise P. King, Vice Chair; Reid Garst, Neil L. Conner, and Jackson Beamer;
together with Mary Ellen Wines, Planning & Zoning Administrator; Maxwell Dillon, Planner;
Charles E. Van Allman, Jr., Director of Community Development; and Jim H. Guynn, Jr., City
Attorney; and the following business was transacted: Chair Daulton called the meeting to order
at 6:06 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 July agenda
1. 1201-1203 Texas Street
A discussion was held regarding items on the July agenda.
B. Introduction of items on the August agenda
1. 105 St. John Rd rezone from HBD to HM
2. 2005 East Main St rezone from RSF to HBD
3. 1127, 1133, and 1139 Highland Rd rezone from RSF to HBD
4. 128 Bellevue Ave, sep request for two-family dwelling.
Items for the August agenda were introduced, and a discussion was held.
3. Adjournment
Chair Daulton inquired if there were any other items for discussion and hearing none,
adjourned the work session at 6:55 p.m.
3
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 June 14, 2023. Notice of such hearing was published in the
June 29 and July 6, 2023, 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; Mary Ellen Wines, Planning & Zoning Administrator;
Charles E. Van Allman, Jr., Director of Community Development, and Maxwell Dillon,
Planner, and the following business was transacted:
2. Pledge of Allegiance
3. Consent Agenda
A. Minutes
Consider acceptance of the minutes from the June 14, 2023, work session and regular
meeting.
Denise King motioned acceptance of the June 14, 2023, work session and regular meeting
minutes. Neil Conner seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
4. New Business
A. Amendment to the Zoning Ordinance
Hold public hearing to consider the request of Brittany M. Haddox, contract purchaser,
and Juilliard Enterprises, LLC, property owner, for rezoning the property of 1201-1203
Texas Street (Tax Map # 149 - 1 - 1.1) from HBD, Highway Business District with
conditions to HBD, Highway Business District without conditions.
Staff noted the following:
The subject property consists of a single parcel of 0.522 acres, located on the north side of
Texas Street and to the west of the intersection with Lynchburg Turnpike. The property
contains two one-story brick office buildings. On December 12, 1988, City Council approved
a rezoning of the property from Residential District R-1 to Residential-Business R-B with
conditions, and subsequently amended the conditions on December 10, 2018, to the
following:
4
Building "A" will be used for professional real estate appraisal services and related activities.
Building "B" will be used for professional offices, real estate appraisal, and/or other similar
occupations, and laboratory (conditions #1 and 2 from the original rezoning are hereby
extinguished).
Currently, Renew Psychiatry Services, PLLC, a medical office, occupies 1201 Texas Street
(Building B) and 1203 Texas Street (Building A) is vacant. This request is to rezone the
property to remove the conditions. The applicant proposes a law office in Building A.
Brittany Haddox, Virginia Avenue, Salem, appeared before the Commission to state that
there are conditions on the property, and she would like to remove the restrictions to allow
her law service in the building.
Vice Chair King inquired about staffing and parking.
Ms. Haddox stated that there would be two to four staffers total with most working
remotely. She also stated that there would be more than enough parking.
Chair Daulton inquired about the field of the practice.
Ms. Haddox stated that she specializes in labor law.
Chair Daulton inquired if there was anyone else who would like to speak on the matter.
Jason Fountain, N. Broad Street, appeared before the Commission and stated that he did not
want different restrictions on buildings on the same property, and that he supports the
request.
No other person(s) appeared related to the request.
Neil Conner motioned to approve the request of Brittany M. Haddox, contract purchaser, and
Juilliard Enterprises, LLC, property owner, for rezoning the property of 1201-1203 Texas
Street (Tax Map #149-1-1.1) from HBD, Highway Business District with conditions to HBD,
Highway Business District without conditions. Denise King seconded the motion.
Ayes: Beamer, Conner, Daulton, Garst, King
5.Adjournment
Having no other items before the Commission, on motion by Member Garst the meeting
was adjourned at 7:07 p.m.
City Council meeting, July 24, 2023, 6:30 p.m.
Council Chambers, City Hall, 114 North Broad Street
5
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 Jesse Spence, property
owner, for the issuance of a Special Exception Permit to allow a two
family dwelling on the property located at 128 Bellevue Avenue (Tax
Map # 78-1-1).
SUBMITTED BY: Max Dillon, Planner
SUMMARY OF INFORMATION:
SITE CHARACTERISTICS:
Zoning: RSF Residential Single Family
Land Use Plan Designation: Residential
Existing Use: Residential
Proposed Use: Residential – Two Family Dwelling
The subject property (128 Bellevue Avenue, Tax Map # 78-1-1) consists of a 0.242 acre-tract which
sits within the RSF Residential Single-Family zoning district. The applicant is seeking a Special
Exception Permit to allow a two family dwelling on the property.
While originally constructed in 1935, an addition in the late 1980s timeframe created a space
equipped with a separate bedroom, kitchen, and bathroom. According to the applicant, minor
interior renovations (the removal of one doorway) are required to remove access between the
proposed residential units. The subject property already possesses two separate curb cuts for
driveway access. If approved, the applicant will comply with the necessary building code
adjustments and acquire separate utility services for each of the units. There is a residential unit
across the street, 1901 Woodlawn Avenue, which already serves as a two family dwelling.
The Future Land Use Map (FLUM) identifies this area as residential, still consistent with the
proposed utilization of the property should the Special Exception Permit be granted.
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 approval of the request with conditions.
3.Recommend denial of the request.
6
7
8
9
10
11
12
13
MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip
78-1-1 128 BELLEVUE AVE JESSE SPENCE P O BOX 681 NEW CASTLE VA 24127
78-1-1.1 1906 WOODLAWN AVE ROBERT B ROSIER 1803 WOODLAWN AVE SALEM VA 24153
78-1-6 123 POINT PLEASANT AVE JEROME LANDSDOWN & JESSICA LANDSDOWN BUCHANANDANIEL R BUCHANAN 123 POINT PLEASANT AVE SALEM VA 24153
78-1-7 113 POINT PLEASANT AVE DAVID R BUTTO JANE M BUTTO 113 POINT PLEASANT AVE SALEM VA 24153
78-1-2 124 BELLEVUE AVE CFR BEC LLC 11124 KINGSTON PIKE STE 119-242 KNOXVILLE TN 37934
77-5-9 123 BELLEVUE AVE MELANIE WILSON 123 BELLEVUE AVE SALEM VA 24153
77-5-8 127 BELLEVUE AVE FRANKLIN R TWIGG-LIFE ESTATE 127 BELLEVUE AVE SALEM VA 24153
77-5-6 135 BELLEVUE AVE JEFFREY A BONI JOYCE D BONI 127 SEA DUNES DR EMERALD ISLE NC 28594
55-4-14 1833 WOODLAWN AVE CENTERFIELD VENTURES LLC 6822 22ND AVE N SUITE 338 PETERSBURG FL 33710
54-1-8 1901 WOODLAWN AVE SAMUEL R JENNINGS 1718 POMEROY RD SALEM VA 24153
54-1-7 1909 WOODLAWN AVE HOLLY F LOGAN 1909 WOODLAWN AVE SALEM VA 24153
14
15
16
17
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: Amendment to the Zoning Ordinance
Hold public hearing to consider the request of Helm Building Enterprises Ltd.,
property owner, for rezoning the property located at 105 St. John Road (Tax
Map # 155-3-2) from HBD Highway Business District to HM Heavy
Manufacturing.
SUBMITTED BY: Max Dillon, Planner
SUMMARY OF INFORMATION:
SITE CHARACTERISTICS:
Zoning: HBD Highway Business District
Land Use Plan Designation: Industrial
Existing Use: Vacant
Proposed Use: Lease Space – Flexible Warehouse with Office Space
The subject property (105 St. John Road) consists of a 0.816 acre tract of land which currently sits within
the HBD Highway Business District designation. To provide a bit of history, the large parcel known as
416 Electric Road was formerly zoned HM Heavy Manufacturing, and at that time it encompassed the
parcels now recognized as 71 St. John Road and 105 St. John Road. A 2007 subdivision resulted in the
formation of 71 St. John (retaining its HM Heavy Manufacturing designation), and a subsequent rezoning
adjusted 416 Electric Road (which included the yet to be formed 105 St. John Road) from HM Heavy
Manufacturing to HBD Highway Business District. Since then, 105 St. John Road has been subdivided
and created, and this request seeks to return it to the HM Heavy Manufacturing classification. This parcel
is currently vacant; however, it is within the St. John Place Commerce Center which is primarily
comprised of properties zoned HM Manufacturing.
The applicant plans to mimic the development of flexible commercial lease space which is currently being
constructed at 71 St. John Road. Although most of the site is in the floodplain, the building pad will be
elevated above the 100-year floodplain to meet the necessary requirements. As depicted on the concept
plan, the proposed development will be accessed via St. John Road.
The Future Land Use Map (FLUM) identifies this area as industrial which is consistent with the proposed
utilization of the property.
REQUIREMENTS:
The proposal meets the requirements of Section 106-220.3. Site development regulations for HM.
OPTIONS:
1.Recommend approval of the request.
2.Recommend denial of the request.
18
19
20
21
22
23
Tax Parcel 153-3-2 (105 St. John Road)
BEGINNING at on the north side of St. John Road at the southeast corner of Lot 1A as shown on
Resubdivision Plat for the St. John Place Commerce Center as recorded in Plat Book 11 Page 100 & Plat
Book 12 Page 1; thence following the property line for Lot 1A N. 15° 13’ 18” E. a distance of 254.94 feet
to a point on the south side of a 20 foot wide Public Utility Easement as shown on Resubdivision Plat
from Records for Wiley Development, LLC, being the resubdivision of Lot 1B (4.8168 acres) as shown on
Resubdivision Plat for the St. John Place Commerce Center Plat Book 11 Page 100 & Plat Book 12 Page 1
as recorded in Plat Book 16, Page 73; thence following the south side of said 20‘ wide Public Utility
Easement S. 74° 46’ 42” E. a distance of 136.22 feet to a point on the line of Tract 4 of the Subdivision
Plat for The St. John Place Commerce Center as recorded in Plat Book 11 Pages 48-50; thence with the
line of Tract 4 S. 15° 13’ 18” W. a distance of 267.14 feet to the north side of St. John Road, thence
following the north right-of-way of St. John Road N. 69° 39’ 28” W. a distance of 136.76 feet to the place
of BEGINNING, and being known as New Lot 1B-1, containing 0.8160 acres, as shown on Resubdivision
Plat from Records for Wiley Development, LLC, being the resubdivision of Lot 1B (4.8168 acres) as shown
on Resubdivision Plat for the St. John Place Commerce Center Plat Book 11 Page 100 & Plat Book 12
Page 1, dated May 25, 2023, by Balzer & Associates, recorded in the Clerk’s Office of the Circuit Court of
the City of Salem, Virginia in Plat Book 16, Page 73.
24
25
MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip
155-3-2 105 ST JOHN RD HELM BUILDING ENTERPRISES LTD 1491 SOUTHSIDE DR SALEM VA 24153
155-3-1 71 ST JOHN RD HELM BUILDING ENTERPRISES LTD 1491 SOUTHSIDE DR SALEM VA 24153
150-3-1 416 ELECTRIC RD WILEY DEVELOPMENT LLC 928 SADDLE DR SALEM VA 24153
155-2-3 151 ST JOHN RD WILEY DEVELOPMENT LLC P O BOX 114 SALEM VA 24153
155-2-1 72 ST JOHN RD ST JOHN PLACE LLC 1819 ELECTRIC RD SUITE E ROANOKE VA 24018
155-2-2 80 ST JOHN RD WILEY DEVELOPMENT LLC 928 SADDLE DR SALEM VA 24153
155-1-2 565 ELECTRIC RD MOUNT SINAI PROPERTIES LLC - ELECTRIC ROAD LLC P O BOX 3096 SALEM VA 24153
155-1-1 515 ELECTRIC RD BROWN PROPERTIES LLC 300 9TH ST SALEM VA 24153
26
27
28
29
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: Amendment to the Zoning Ordinance
Hold public hearing to consider the request of Doyle Properties, LLC, property
owner, for rezoning the property located at 2005 East Main Street (Tax Map #
78-2-2.11) from RSF Residential Single-Family to HBD Highway Business
District.
SUBMITTED BY: Max Dillon, Planner
SUMMARY OF INFORMATION:
SITE CHARACTERISTICS:
Zoning: RSF Residential Single Family
Land Use Plan Designation: Commercial
Existing Use: Vacant
Proposed Use: Storage Space for owner’s personal property
The subject property (2005 East Main Street) consists of a 0.557 acre tract of land which is situated
within the RSF Residential Single Family zoning district. The property is currently vacant, and the
property owner is currently in the process of removing excess vegetation which interferes with utilities.
According to the City of Salem’s zoning ordinance, an accessory structure cannot be placed on a parcel
which possesses the RSF designation without the existence of a principal structure (house). As a result,
the applicant is requesting to rezone the property from RSF Residential Single Family to HBD Highway
Business District in order to develop the site and place an approximately 3,400 square foot, pre-
engineered structure initially designed to accommodate the storage of classic cars. With that in mind,
the site will be developed in a fashion that will ultimately facilitate a transition to other commercial uses
permitted by the HBD zoning district. If approved, site details including but not limited to required
parking and landscape buffering would be finalized during the site plan review process.
The Future Land Use Map (FLUM) identifies this area as commercial. While storage of the owner’s
personal property alone may not be commercial, the size and type of the proposed building is of a
commercial nature. Because the site design/layout and building structure are conducive to commercial
uses, it will be an easy transition of the property in the future.
REQUIREMENTS:
The proposal meets the requirements of Section 106-214.3. Site development regulations for HBD.
OPTIONS:
1. Recommend approval of the request.
2. Recommend denial of the request.
30
31
32
33
5
PLEASE RESPOND FOR ALL REZONING APPLICATIONS:
1. What is the Future Land Use Designation for the subject property? _______________________________________
2. Describe in detail the proposed use of the property. _________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
3. List any sensitive environmental or unique features on the property. Are there any high voltage transmission lines,
public utility lines, or others? ________________________________________________________________________________
____________________________________________________________________________________________________________
4. Is the subject property located within the Floodplain District? YES NO If yes, describe the proposed
measures for meeting the standards of the Floodplain Ordinance. ____________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
5. Is the subject property listed as a historic structure or located within a historic district? YES NO
If yes, describe the proposed measures for meeting the standards of the Department of Historic Resources.
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
6. Have you provided a conceptual plan of the proposed development, including general lot configurations and road
locations? Are the proposed lot sizes compatible with existing parcel sizes in the area?
PLEASE RESPOND FOR COMMERCIAL REZONING APPLICATIONS
1. What provisions will be made to ensure safe and adequate access to the subject property?
2. How will the traffic impact of this development be addressed?
3. Describe why the proposed use is desirable and appropriate for the area. What measure will be taken to assure that
the proposed use will not have a negative impact on the surrounding vicinity?
4. What type of signage is proposed for the site?
5. Have architectural/building elevations been submitted with this application?
Commercial
Construction of a new 3,400 s.f. pre-engineered
building to house a collection of classic cars.
Overhead utility lines located along the front of the property parallel
to East Main Street.
Concept sketch
provided as supplemental information to application showing the approximate location and
configuration of building and access (Exhibit 1). Existing lot size is compatible with surrounding area.
Property is located at the
corner of East Main Street and Point Pleasant Ave. Entrance is proposed from Point Pleasant in order to maintain
traffic flow along E. Main Street. Entrance has been located away from E. Main Street to extent practical.
Traffic impact will be negligible as the
use will be restricted to Owner only.
The proposed development will make
use of a currently vacant property along East Main Street with a use that is compatible with the surrounding neighborhood.
Type B landscape buffer will be installed along the eastern and northern property lines as required by the zoning ordinance.
No signage is proposed at this time.
Concept rendering included (Exhibit 2).
34
35
DESCRIPTION OF TAX PARCEL 78-2-2.11
BEGINNING AT A POINT AT THE INTERSECTION OF THE NORTH LINE OF EAST MAIN STREET AND THE EAST
LINE OF POINT PLEASANT AVENUE;
THENCE WITH THE EAST LINE OF POINT PLEASANT AVENUE THE FOLLOWING COURSES AND DISTANCES:
N02°34’34”W 40.94 FEET TO A POINT;
THENCE N00°05’00”W 68.29 FEET TO A POINT.
THENCE DEPARTING THE EAST LINE OF POINT PLEASANT AVENUE, WITH THE COMMON LINE BETWEEN
TAX PARCEL 78-2-2.11 AND TAX PARCEL 78-2-2 THE FOLLOWING COURSES AND DISTANCES:
N89°55’00”E 120.89 FEET TO A POINT;
THENCE N00°05’00”W 75.00 FEET TO A POINT ON THE COMMON LINE BETWEEN TAX PARCEL 78-2-2.11
AND TAX PARCEL 78-2-2.1, ALSO BEING THE COMMON CORNER OF TAX PARCEL 78-2-2.11 AND TAX
PARCEL 78-2-2.
THENCE WITH THE COMMON LINE BETWEEN TAX PARCEL 78-2-2.11 AND 78-2-2.1 N89°55’00” 53.00
FEET TO A POINT ON THE COMMON LINE BETWEEN TAX PARCEL 78-2-2.11 AND TAX PARCEL 78-3-5, ALSO
BEING THE COMMON CORNER OF TAX PARCEL 78-2-2.11 AND TAX PARCEL 78-2-2.1.
THENCE WITH THE COMMON LINE BETWEEN TAX PARCEL 78-2-2.11 AND TAX PARCEL 78-3-5,
S00°05’00”E 201.08 FEET TO A POINT ON THE NORTH LINE OF EAST MAIN STREET.
THENCE WITH THE NORTH LINE OF EAST MAIN STREET THE FOLLOWING COURSES AND DISTANCES:
N83°47’35”W 84.30 FEET TO A POINT;
THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1893.86 FEET, AN ARC LENGTH OF 88.66
FEET, AND A CHORD BEARING AND DISTANCE OF N85°08’03”W 88.65 FEET TO A POINT AT THE
INTERSECTION OF THE NORTH LINE OF EAST MAIN STREET AND THE EAST LINE OF POINT PLEASANT
AVENUE, BEING THE POINT OF BEGINNING.
SITUATE IN THE CITY OF SALEM, VIRGINIA, AND CONTAINING 24,261 SQUARE FEET OR 0.557 ACRE OF
LAND, MORE OR LESS.
36
EXHIBIT 1
37
EXHIBIT 2
38
39
40
MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip
78-2-2.11 2005 E MAIN ST DOYLE PROPERTIES LLC 204 S JEFFERSON ST UNIT 5 ROANOKE VA 24011
78-2-2 10 POINT PLEASANT AVE SHERILYN BOOKER 185 HUFF HERITAGE LN CHRISTIANSBURG VA 24073
78-2-2.1 18 POINT PLEASANT AVE DARRELL R HUFFMAN 18 POINT PLEASANT AVE SALEM VA 24153
78-3-5 105 OTTER AVENUE OAK PARK VA PRESERVATION LP C/O THE RELATED COMPANIES 30 HUDSON YARDS #72 NEW YORK NY 10001-2170
79-2-21 2030 E MAIN ST CHERNAULT PROPERTIES LLC 2030 E MAIN ST SALEM VA 24153
79-2-20 2018 E MAIN ST GEORGE CHERNAULT 2030 E MAIN ST SALEM VA 24153
79-2-17 2014 E MAIN ST CHERNAULT PROPERTIES LLC 2030 E MAIN ST SALEM VA 24153
79-2-19 2006 E MAIN ST MCLEOD FAMILY FOUNDATION INC 410 FIRST ST SW ROANOKE VA 24011
79-2-18 1926 E MAIN ST MCLEOD FAMILY FOUNDATION INC 410 FIRST ST SW ROANOKE VA 24011
79-2-1 2 BURCHETTE ST DOLORES ELLEN HAMLETT 2 BURCHETTE ST SALEM VA 24153
78-1-14 1923 E MAIN ST COMMUNITY CHURCH INC 1923 E MAIN ST SALEM VA 24153
41
42
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: Amendment to the Zoning Ordinance
Hold public hearing to consider the request of Neal Wall, property owner, for
rezoning the properties located at 1139, 1133, and 1127 Highland Road (Tax
Map # 230-27, 230-2-6, and 230-2-5) from RSF Residential Single Family to
HBD Highway Business District.
SUBMITTED BY: Max Dillon, Planner
SUMMARY OF INFORMATION:
SITE CHARACTERISTICS:
Zoning: RSF Residential Single Family
Land Use Plan Designation: Residential
Existing Use: Residential
Proposed Use: Restaurant – Quick Service
The subject properties and portions thereof (1139, 1133, and 1127 Highland Road) included in this
request together total approximately 1.162 acres of land which is situated within the RSF Residential
Single Family zoning district. Each of the subject parcels are home to a single family residence, two of
which will remain (1133 and 1127 Highland Road) if this rezoning request and subsequent development
are approved.
The applicant is requesting a rezoning of the subject area from RSF Residential Single Family to HBD
Highway Business District in order to create a lot suitable for a quick service restaurant. As depicted on
the concept plan, the quick service restaurant of approximately 3,600 square feet would be served by a
double drive-thru, with access points on both Midland Road and Electric Road (right-in, right-out only). If
this request is approved, the appropriate landscaping and parking requirements, along with the required
buffer yard between the commercial use and remaining residential units, will be fulfilled through the site
plan review process.
The Future Land Use Map (FLUM) identifies this area as residential which is not consistent with the
proposed utilization of the property; however, the properties’ unique location along Electric Road (with
an adjacent signalized intersection), a corridor with a mix of residential, commercial, and industrial uses,
renders it compatible with anticipated future commercial development.
REQUIREMENTS:
The proposal meets the requirements of Section 106-214.3. Site development regulations for HBD.
OPTIONS:
1. Recommend approval of the request.
2. Recommend denial of the request.
43
44
45
5
PLEASE RESPOND FOR ALL REZONING APPLICATIONS:
1. What is the Future Land Use Designation for the subject property? _______________________________________
2. Describe in detail the proposed use of the property. _________________________________________________________
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
3. List any sensitive environmental or unique features on the property. Are there any high voltage transmission lines,
public utility lines, or others? ________________________________________________________________________________
____________________________________________________________________________________________________________
4. Is the subject property located within the Floodplain District? YES NO If yes, describe the proposed
measures for meeting the standards of the Floodplain Ordinance. ____________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
5. Is the subject property listed as a historic structure or located within a historic district? YES NO
If yes, describe the proposed measures for meeting the standards of the Department of Historic Resources.
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
6. Have you provided a conceptual plan of the proposed development, including general lot configurations and road
locations? Are the proposed lot sizes compatible with existing parcel sizes in the area?
PLEASE RESPOND FOR COMMERCIAL REZONING APPLICATIONS
1. What provisions will be made to ensure safe and adequate access to the subject property?
2. How will the traffic impact of this development be addressed?
3. Describe why the proposed use is desirable and appropriate for the area. What measure will be taken to assure that
the proposed use will not have a negative impact on the surrounding vicinity?
4. What type of signage is proposed for the site?
5. Have architectural/building elevations been submitted with this application?
Residential
See attached Narrative
None
n/a
n/a
See attached Exhibit A
The proposed lot size is compatible with the existing parcels in the area.
See attached narrative
See attached narrative
See attached narrative
Standard Freestanding and Building Mounted Signage
No
46
REZONING REQUEST NARRATIVE:
On behalf of Neal Wall (Owner/Applicant), Balzer and Associates, Inc. (Agent) is
requesting a rezoning of the subject parcels or portions thereof at the signalized
intersection of Electric Road (Route 419) and Midland Road/Indiana Street within the
City of Salem. The proposed use of the parcels includes a commercial restaurant with
drive-thru lanes to serve the facility. A breakdown of the zoning is provided below and
associated parcels. A conceptual site plan has been provided as Exhibit A, which outlines
the proposed improvements for the project.
Parcels to be Rezoned:
1. Rezone a portion of Tax Parcel 230-2-5: (1127 Highland Road Salem, VA 24153)
a. Existing Zoning: RSF – Residential Single Family
b. Proposed Zoning: HBD – Highway Business District
2. Rezone a portion of Tax Parcel 230-2-6: (1133 Highland Road Salem, VA 24153)
a. Existing Zoning: RSF – Residential Single Family
b. Proposed Zoning: HBD – Highway Business District
3. Rezone Tax Parcel 230-2-7: (1139 Highland Road Salem, VA 24153)
a. Existing Zoning: RSF – Residential Single Family
b. Proposed Zoning: HBD – Highway Business District
Existing Site Conditions:
The three (3) existing parcels are located along the public right of ways of Electric Road,
Midland Road, and Highland Road and are currently owned by Neal Wall. All of the
parcels contain single family homes currently and a portion of tax parcel 230-2-7
adjacent to Electric Road was previously utilized as a fill site in preparation for the
subject development. The single-family home located on 230-2-5 and 230-2-6 will
remain.
Electric Road is a principal arterial road and based on 2021 data carries approximately
18,000 vehicles per day. Traffic information was not readily available for Midland Road
or Highland Road.
The property is not located within a FEMA defined floodplain district nor are there
unique or sensitive environmental features on the subject properties including historic
districts/structures.
The adjacent public right of ways contain public water and sanitary sewer mains that can
serve the proposed development.
47
Proposed Improvements:
The proposed improvements for the project include the construction of a one-story
approximately 3,600 sf commercial restaurant with double drive-thru. The associated
improvements on-site are typical for a commercial restaurant including required parking,
loading, refuse containers and specific access for patrons.
Any building or freestanding permanent signage will be provided per the City of Salem
signage ordinance.
Landscaping will be provided for the site including a buffer yard adjacent to the single
family residential located to the North and East of the subject parcels.
Access:
Vehicular access is proposed in two (2) locations including full access on Midland Road
indicated as Access A and a right-in-right out indicated as Access B on Electric Road.
Impacts to traffic will be limited as these access locations are shown to provide maximum
separation from the existing signalized intersection and also respond to existing
infrastructure in place on the surrounding street network.
Comprehensive Plan and Future Land Use Map
The comprehensive plan for the City of Salem supports commercial growth and
development along major commercial/industrial corridors. This section of Electric Road
(Route 419) is unique in that there are multiple commercial zoning designations including
Highway Business, Heavy and Light Manufacturing, and Residential Business as well as
Single Family residential zoning all located in this area. The site is located at an existing
signalized intersection in which vehicles from industrial, commercial, and residential uses
access this location and therefore is consistent with for the proposed use.
The future land use map indicates these properties as residential, therefore we have
maintained an appropriate ‘zoning layering’ from the more intense commercial along
Electric Road to the residential along Highland Road. This project concentrates the
majority of the commercial elements along Electric Road and maintains the two (2)
exiting single family residences and associated zoning along Highland Road.
This project will be developed in accordance with applicable regulations including the
City of Salem Zoning Ordinance.
48
ELECTRIC RD
ROUTE 419
SIGNALIZED
INTERSECTION
ACCESS B
45° PARKING
STALLS (TYP.)
ACCESS A
PROPOSED
RESTAURANT
± 3600 SF
8' LANDSCAPE BUFFER
MI
D
L
A
N
D
R
O
A
D
HIGHLAND RD
NEW PARCEL A
± 1.162 AC
NEW PARCEL B
± 0.21 ACNEW PARCEL C
± 0.25 AC
45° PARKING
STALLS (TYP.)
60° PARKING
STALLS (TYP.)
9'X18' PARKING
STALLS (TYP.)
PATIO
1
2 3
1
2
3
8' LANDSCAPE BUFFER
8' LANDSCAPE BUFFER
8' LANDSCAPE BUFFER
4 5 6
PICK-UP WINDOW
PROJECT NO.
REVISIONS
SCALE
DATE
CHECKED BY
DESIGNED BY
DRAWN BY
www.balzer.cc
Roanoke / Richmond
New River Valley
Shenandoah Valley
PLANNERS / ARCHITECTS
ENGINEERS / SURVEYORS
J:
\
2
3
\
0
0
\
0
4
\
0
4
2
3
0
0
2
2
.
0
0
E
L
E
C
T
R
I
C
M
I
D
L
A
N
D
R
E
Z
O
N
I
N
G
-
W
A
L
L
\
C
I
V
I
L
\
d
w
g
\
0
4
2
3
0
0
2
2
.
0
0
R
E
Z
O
N
I
N
G
B
A
S
E
.
d
w
g
P
L
O
T
T
E
D
:
6
/
2
6
/
2
0
2
3
1
0
:
5
2
:
0
9
A
M
1208 Corporate Circle
Roanoke, VA 24018
540.772.9580
HEC
BTC
BTC
7/1/2023
1" = 20'
EL
E
C
T
R
I
C
R
O
A
D
C
O
M
M
E
R
C
I
A
L
R
E
S
T
A
U
R
A
N
T
RE
Z
O
N
I
N
G
E
X
H
I
B
I
T
11
3
9
H
I
G
H
L
A
N
D
R
D
CI
T
Y
O
F
S
A
L
E
M
,
V
A
EX-A
04230022.00
PRE
L
I
M
I
N
A
R
Y
49
50
City of Salem ArcGIS Web Map
City of Salem Community Development Department, Geographic Information
Systems (GIS) Division
Parcels
Buildings
Railroads
City Limits
Storm Drain Line
Storm Drain Manhole
Outfall
Inlet
Catch Basin
Water Line
Sanitary Sewer Line
6/19/2023, 10:51:15 AM 0 0.01 0.030.01 mi
0 0.02 0.040.01 km
1:1,128
Web AppBuilder for ArcGIS
VITA, West Virginia GIS, Esri, HERE, Garmin, INCREMENT P, Intermap, USGS, METI/NASA, EPA, USDA | City of Salem Community Development Department, Geographic Information Systems (GIS) Division |
51
DESCRIPTION OF A PORTION OF TAX ID 230-2-5
COMMENCING AT A POINT AT THE INTERSECTION OF THE NORTH LINE OF MIDLAND ROAD AND THE
EAST LINE OF ELECTRIC ROAD;
THENCE WITH THE EAST LINE OF ELECTRIC ROAD N16°41’00”E 126.96 FEET TO A POINT, BEING THE
POINT OF BEGINNING.
THENCE CONTINUING WITH THE EAST LINE OF ELECTRIC ROAD N16°41’00”E 86.82 FEET TO A POINT;
THENCE DEPARTING THE EAST LINE OF ELECTRIC ROAD S75°57’00”E 157.19 FEET TO A POINT;
THENCE S14°04’02”W 86.73 FEET TO A POINT;
THENCE N75°57’00”W 161.16 FEET TO A POINT ON THE EAST LINE OF ELECTRIC ROAD,
BEING THE POINT OF BEGINNING.
CONTAINS 0.317 ACRE OF LAND, MORE OR LESS, BEING IN THE CITY OF SALEM.
52
DESCRIPTION OF A PORTION OF TAX ID 230-2-6
COMMENCING AT A POINT AT THE INTERSECTION OF THE NORTH LINE OF MIDLAND ROAD AND THE
WEST LINE OF HIGHLAND ROAD;
THENCE WITH THE WEST LINE OF HIGHLAND RAOD N14°03’00”E 91.53 FEET TO A POINT;
THENCE DEPARTING THE WEST LINE OF HIGHLAND ROAD N75°57’00”W 120.58 FEET TO A POINT,
BEING THE POINT OF BEGINNING.
THENCE CONTINUING N75°57’00”W 54.42 FEET TO A POINT;
THENCE N14°D03’00”E 75.00 FEET TO A POINT;
THENCE S75°57’00”E 54.30 FEET TO A POINT;
THENCE S13°57’39”W 75.00 FEET TO A POINT, BEING THE POINT OF BEGINNING.
CONTAINS 0.094 ACRE OF LAND, MORE OR LESS, BEING IN THE CITY OF SALEM.
53
DESCRIPTION OF TAX ID 230-2-7
BETINNING AT A POINT AT THE INTERSECTION OF THE NORTH LINE OF MIDLAND ROAD AND THE WEST
LINE OF HIGHLAND ROAD;
THENCE WITH THE NORTH LINE OF MIDLAND ROAD N73°17’00”W 240.11 FEET TO A POINT;
THENCE N47°59’53”W 60.86 FEET TO A POINT ON THE EAST LINE OF ELECTRIC ROAD;
THENCE WITH THE EAST LINE OF ELECTRIC ROAD N16°41’00”E 126.96 FEET TO A POINT;
THENCE DEPARTING THE EAST LINE OF ELECTRIC ROAD S75°57’00”E 112.80 FEET TO A POINT;
THENCE S14°03’00”W 75.00 FEET TO A POINT;
THENCE S75°57’00”E 175.00 FEET TO A POINT ON THE WEST LINE OF HIGHLAND ROAD;
THENCE WITH THE WEST LINE OF HIGHLAND ROAD S14°03’00”W 91.53 FEET TO THE POINT OF
BEGINNING.
CONTAINS 0.751 ACRE OF LAND, MORE OR LESS, BEING IN THE CITY OF SALEM.
54
55
MBLU Location Owner Name Co-Owner Name Address 1 Address 2 City, State, Zip
230-2-7 1139 HIGHLAND RD NEAL C WALL 4016 LAKE DRIVE ROANOKE VA 24018
230-2-6 1133 HIGHLAND RD NEAL C WALL 4016 LAKE DRIVE ROANOKE VA 24018
230-2-5 1127 HIGHLAND RD NEAL C WALL 4016 LAKE DRIVE ROANOKE VA 24018
230-2-4 1121 HIGHLAND RD DOROTHY PEARL PICKETT BURGESS 1121 HIGHLAND RD SALEM VA 24153
230-3-6 1138 HIGHLAND RD BRENDA GAIL ALLS POWERS 1138 HIGHLAND RD SALEM VA 24153
230-3-7 1144 HIGHLAND RD NEAL CARRINGTON WALL 4016 LAKE DRIVE ROANOKE VA 24018
230-4-1 1602 MIDLAND RD APPERSON PROPERTIES LP 303 APPERSON DR SALEM VA 24153
230-4-1.3 1400 ELECTRIC RD FIRST NATIONAL EXCHANGE C/O BANK SERVICES OF VA 1300 KINGS MTN RD MARTINSVILLE VA 24112
230-5-1 1799 INDIANA ST ROSENBURG FAMILY FUND C/O THE J B GORIA REAL ESTATE P O BOX 20269 ROANOKE VA 24018
230-1-2 1255 ELECTRIC RD BNE RESTAURANT GROUP III LLC CRAIG WORTHY-VP/BODDIE-NOELL ENT P O BOX 2629 ADDISON TX 75001
230-1-1 1235 ELECTRIC RD FREEDOM FIRST FEDERAL CREDIT UNION P O BOX 1999 SALEM VA 24153
56
57
58
59