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HomeMy WebLinkAbout7/10/2024 - Planning Commission - Agenda -RegularPlanning Commission Meeting AGENDA Wednesday, July 10, 2024, 7:00 PM Work Session 6:00PM Regular Session 7:00PM Council Chambers Conference Room, City Hall, 114 North Broad Street: WORK SESSION 1.Call to Order 2.New Business A.Discussion of items on the July agenda 1. 1590 West Main Street 2. 1221 Lynchburg Turnpike 3. 141 Electric Road B.Discussion of items on the August agenda 1. 101 Corporate Blvd 2. 1014 East Main St 3.Adjournment REGULAR SESSION 1.Call to Order A.Pledge of Allegiance 2.Election of Officers A.Election of Officers 3.Consent Agenda A.Minutes Consider acceptance of the minutes from the May 15, 2024, work session and regular meeting. 4.New Business 1 A.Amendment to the Zoning Ordinance Hold public hearing to consider the request of Seaside Heights, LLC, property owner, to rezone the property located at 1590 West Main Street (Tax Map # 140-1-3) from LM Light Manufacturing District to HBD Highway Business District. B.Special Exception Permit Hold public hearing to consider the request of Sherwood Memorial Park, Inc., property owner, for a Special Exception Permit to allow for the expansion of the cemetery into the adjacent property located at 1221 Lynchburg Turnpike (Tax Map # 117-1-8). C.Site Plan Consider the request of Lakeside (Salem) Station LLC, property owner, for the approval of a building addition at 141 Electric Road (Tax Map # 81-4-4) in conjunction with the proffered conditions of Ordinance #118. 5.Adjournment 2 Planning Commission Meeting MINUTES Wednesday, May 15, 2024, 7:00 PM Work Session 6:00PM Regular Session 7:00PM 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 the Council Chambers Conference room, City Hall, 114 North Broad Street, Salem, Virginia, at 6:00 p.m. on May 15, 2024; 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 H. Robert Light, Assistant City Manager; Mary Ellen Wines, Planning & Zoning Administrator; Charles E. Van Allman, Jr., Director of Community Development; Maxwell S. Dillon, Planner; and Jim Guynn, City Attorney; and the following business was transacted: Chair Daulton called the meeting to order at 6:00 p.m. and reported that this, date, place, and time had been set for the Commission to hold a work session. 2. Old Business A. Discussion of items on the May agenda 1. 1200 block Thompson Memorial Dr rezoning from RSF to HBD A discussion was held regarding the rezoning request for the 1200 block of Thompson Memorial Drive from RSF to HBD. 3. New Business A. Discussion of items on the May agenda 1. 324 Pennsylvania Avenue - Special Exception - two family dwelling A discussion was held regarding the request for a Special Exception Permit at 324 Pennsylvania Avenue. B. Discussion of items on the June agenda 1. Section 106-406.25 - Storage Containers 3 A discussion was held regarding the item for the June meeting. 4. Adjournment Chair Daulton inquired if there were any other items for discussion and hearing none, adjourned the work session at 6:31 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 Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia, at 7:00 p.m., on May 15, 2024. Notice of such hearing was published in the May 2 and 9, 2024, 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 H. Robert Light, Assistant City Manager; Jim Guynn, City Attorney; Mary Ellen Wines, Planning & Zoning Administrator; Maxwell S. Dillon, City Planner; and Charles E. Van Allman, Jr., Director of Community Development, and the following business was transacted: A. Pledge of Allegiance 2. Consent Agenda Chair Daulton announced that she would be retiring from the Planning Commission, and this would be her last meeting. She had been on the Commission 24 years and had been a part of many things, good and controversial throughout the years. She stated she would miss Salem very much. She wished the Commission members and city staff much luck in the future. A. Minutes Consider acceptance of the minutes from the April 10, 2024, work session and regular meeting. Denise King motioned approve April 10, 2024, work session minutes as amended; and approve April 10, 2024, regular meeting minutes. Neil Conner seconded the motion. 4 Ayes: Beamer, Conner, Daulton, Garst, King B. June 12, 2024, Planning Commission meeting The Zoning Administrator noted that staff will not be ready to present on possible changes to Section 106-406.25 of the City of Salem Code regarding Storage Containers at the June meeting and requested that the item be continued to a future date. Neil Conner motioned to continue amending Code Section 106- 406.25 of the Code of the City of Salem, regarding Storage Containers to a future date. Jackson Beamer seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King Due to no other items being on the June agenda, Neil Conner motioned to cancel the June 10, 2024, Planning Commission meeting. Reid Garst seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 3. Old Business A. Amendment to the Zoning Ordinance Consider the request of Pinkesh R. Patel and Sonal P. Patel, property owners, for rezoning the property located at 1200 block Thompson Memorial Drive (Tax Map # 20 - 2 - 4) from RSF Residential Single-Family District to HBD Highway Business District. (Continued from the April 10, 2024, meeting, request to withdraw received from the petitioner) Staff noted that the petitioners have requested to withdraw their request. Reid Garst motioned request to withdraw the request of Pinkesh R. Patel and Sonal P. Patel, property owners, for rezoning the property located at 1200 block Thompson Memorial Drive (Tax Map # 20 - 2 - 4) from RSF Residential Single- Family District to HBD Highway Business District. Neil Conner seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 4. New Business 5 A. Special Exception Permit Hold public hearing to consider the request of JBN Investments, LLC, property owner, for the issuance of a special exception permit to allow for the conversion of a single-family dwelling to a two-family dwelling on the property located at 324 Pennsylvania Avenue (Tax Map # 120 – 6 - 3). STAFF REPORT Staff noted the following: The subject property consists of a 0.344-acre tract of land which currently sits within the RSF Residential Single Family zoning designation. This parcel is 100 feet wide, and it contains two existing 50-foot-wide interior lots. The applicant is requesting a Special Exception Permit for the allowance of a two-family dwelling that will provide two separate residential units within the same existing principal structure. In 2022, the applicant purchased the subject property which consists of a primary house and a smaller detached cottage in the rear yard. The primary structure contains multiple bedrooms and two kitchens. Beginning in the fall of 2023, the Community Development staff received numerous complaints from neighbors stating that the subject property was being utilized as a short-term rental. After coordinating a site visit with the property owners in early 2024, CD staff learned that an interior wall had been placed within the primary structure, and subsequently, two residential units had been created. At that time, CD staff informed the property owners that the interior wall had to be removed, or a Special Exception Permit for a two-family dwelling obtained. Since that time, no complaints have been received. The cottage in the rear yard is legal nonconforming, and as a result, can be rented on a long-term basis so long as it is not vacant for more than two years. 324 Pennsylvania Avenue is located within an established, historic single-family neighborhood, and although there are other uses/zoning designations located on its periphery, the core of Pennsylvania Avenue is a traditional single-family community. Neil Kessee, representing JBN Investments, appeared before the Commission and stated that the property was purchased with the expectation that it would be a two-family dwelling based on the two kitchens. The property has three on-site parking spaces, as well as ample parking on the street. He noted that the rear of the property abuts Oakey's Funeral Home, which is a commercial 6 use. The property is rented, fully furnished and is marketed to professionals such as travel nurses. He stated that if the special exception request is denied, then there are other uses by-right available that would be much worse such as an elderly home or a sobriety home. He feels that the petitioner has a good, solid plan in place and would fit well in the community. Chair Daulton noted that the property had not been utilized as a two-family dwelling previously, despite the presence of two kitchens. She stated that she understands why the petitioners feel that with two kitchens, it would be a good two-family dwelling, but none of the homes in the 300 block of Pennsylvania Avenue are two-family dwellings. Vice Chair King asked about the access to the units and utility meters for the units. Mr. Kessee stated that the entrance to the units is through the main door to a "lobby" area, which leads to the separate units. There is one meter for the principal structure. Vice Chair King asked who would be taking care of the landscaping of the property. Mr. Kessee stated that a third-party landscaper comes every two weeks to take care of the property. A discussion was held regarding sobriety houses, homes for the elderly, etc. that could be placed on the property. Adam Neal, property owner, appeared before the Commission and stated that a door was framed in to create the separation of the units. Staff noted that if the request was approved, building amendments may be required to install the appropriate separation/firewall between the units. Vice Chair King asked if the request was not approved, then the owners intend to place an elderly or sobriety home in the residence. Mr. Kessee stated that those are alternatives that have been looked at for the property. Laura Richards, 332 Pennsylvania Avenue, appeared before the Commission and stated that she is speaking on behalf of the residents of Pennsylvania Avenue strong opposition of the request. She stated that the LLC is not requesting to rezone the property, but to allow it to continue to operate as it has been operating and marketing for the last 10 months as a 7 multi-unit property. She stated that the constant influx of transient laborers has created on-going issues and disrupts the neighborhood (i.e. excessive trash, parking issues, intoxication and drug use by occupants, aggressive animals, etc.). She feels the LLC's blatant disregard of regulations and the negative impact on the neighborhood warrants the Planning Commission's denial of the request and asked that the Commission deny the request. Vice Chair King asked if anyone has called the police department due to the issues from the property. Ms. Richards stated that she has not called the police but cannot speak for other residents. Member Garst stated that there are other multi-family units in the area and asked how this property is different from the others. Ms. Richards stated that there are three units being operated on the one parcel--two in the main residence, and one in the carriage house. She is only aware of one other multi-family dwelling in the area, and it requires a one-year lease. This property was originally marketed as a 30-day minimum property until complaints were received and then it started being marketed as a 90-day rental. However, you will see a vehicle on the property for a week or longer, but other vehicles will be at the property for days or weeks at a time. It appears as if there is a sub-lease of some sort. The other rental property with long-term rentals, the renters are acclimated to the neighborhood, take pride in their property and participate in the community. Chair Daulton noted that the property has been marketed on Furnished Finder and asked how that differs from the air B & B policies of the City. Staff noted that the City does not allow short-term rentals, it has a 90-day policy. To be in current compliance, the length of stay must be at a minimum of 90 days. It was further noted that as of July 1, 2024, the state legislature will no longer allow localities to mandate a 90-day minimum requirement, it will go to 30 days instead. Rick Correll, 348 Pennsylvania Avenue, appeared before the Commission and stated that he has been in construction for 50 years. He cannot believe the owners did not ask if this is something that could be done beforehand. He feels the owners 8 are asking for forgiveness instead of permission. He is in opposition of the request. Greg Blythe, 340 Pennsylvania Avenue, appeared before the Commission and stated that he purchased his property due to the single-family nature of the neighborhood. He opposes the request. Karen Walker, 352 Pennsylvania Avenue, appeared before the Commission and stated that she does not want to see the character of the neighborhood destroyed. Dave Redding, 320 Pennsylvania Avenue, appeared before the Commission and stated that he feels unsafe due to the people renting the units in 320 Pennsylvania Avenue. He has not called the police but has contacted the zoning department regarding the issues. Regina Correlle, 348 Pennsylvania Avenue, appeared before the Commission and stated that the community is not just a community, they are a family. She and her family feel unsafe due to the renters of the property. She opposes the request. Mike Grove, 321 Pennsylvania Avenue, appeared before the Commission and stated that he and his wife moved to the area in 2021. They were attracted to Salem due to its safe community and its schools. He stated that their peace was disrupted when the current owners purchased the property at 324 Pennsylvania Avenue. He opposes the request and asked the Commission to deny the request. Chair Daulton asked the petitioner if the intention was for the property to be short-term or long-term rental. Mr. Keesee stated that the owners intend it to be long-term, which the city ordinance states must be at least 90 days and the owners are willing to proffer that condition as part of the request. The City Attorney noted that a condition determining the length of stay will be superseded by upcoming state legislation. Melissa Neal, property owner of 324 Pennsylvania Avenue, appeared before the Commission and stated that she tries to rent to respectable, professional renters. She stated that she says that she has an 85% extension rate from renters, which means that the renters like the area and take pride in the area. She does not discriminate against renters, and she 9 did address and remove the renters causing issues when they were aware of the issues. She stated that they primarily rent to traveling nurses at Carilion. A discussion was held regarding the layout of the residence, the other rental properties owned by the petitioner (nine others, one in Salem on Piedmont Avenue); grandfathered cottage on the property, parking, etc. Laura Richards reappeared before the Commission with her husband Bill, 332 Pennsylvania Avenue, and stated that she did introduce herself to Mrs. Neal when they first purchased the property. She stated that Mrs. Neal told her that they would be renting the property. She assumed that the owners with their knowledge and experience of rental property would be aware of the city ordinances and regulations. Mr. Richards stated that he should not feel like a prisoner in his own home and should not have to call the landlord every time there is a situation or an issue with the property--it is not his job to police the property. Greg Blythe reappeared before the Commission and noted that when you search the property on Furnished Finder, the property is marketed for the character of the neighborhood, but the property owners are not trying to maintain the character of the neighborhood and threatened the neighborhood with something worse if the request was denied. No other person(s) appeared related to the request. Denise King motioned request of JBN Investments, LLC, property owner, for the issuance of a special exception permit to allow for the conversion of a single-family dwelling to a two-family dwelling on the property located at 324 Pennsylvania Avenue (Tax Map #120-6-3). Reid Garst seconded the motion. Ayes: Beamer, Conner, Daulton, Garst, King 5. Adjournment Mayor Turk appeared before the Commission on behalf of City Council and recognized Chair Daulton for her esteemed service to the Commission and its citizens during her tenure on the Planning Commission by presenting her with the Salem Salutes award. Chair Daulton adjourned the meeting at 8:18 p.m. 10 AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SALEM, VIRGINIA held in Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 AGENDA ITEM: Amendment to the Zoning Ordinance Hold public hearing to consider the request of Seaside Heights, LLC, property owner, to rezone the property located at 1590 West Main Street (Tax Map # 140-1-3) from LM Light Manufacturing District to HBD Highway Business District. SUBMITTED BY: Mary Ellen Wines, Planning and Zoning Administrator SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: LM – Light Manufacturing District Land Use Plan Designation: Commercial Existing Use: Commercial – Restaurant Proposed Use: Commercial – Restaurant (with expanded drive-thru services) The subject property consists of a 0.734 acre tract of land which currently sits within the LM Light Manufacturing zoning designation. The applicant is requesting to rezone the parcel to allow for the expansion of the drive-thru services. The restaurant was constructed in 2003. At that time the property was zoned Business District B3, which allowed for a restaurant use. In 2005, the City conducted a mass rezoning of the entire city, and this parcel was inadvertently rezoned to LM Light Manufacturing District. At the time of that citywide rezoning, the restaurant use entered into a nonconforming status. Section 106-526.3 of the zoning ordinance states that any improvement that would enlarge or expand the existing use requires a rezoning to an appropriate district which, in this case, is from LM Light Manufacturing to HBD Highway Business District. REQUIREMENTS: The proposal is in compliance with the requirements of Section 106-214 HBD Highway Business District. Staff recommendations: Recommend approval of the request. 11 12 13 14 1 | P a g e REZONING REQUEST NARRATIVE: On behalf of Seaside Heights, LLC (Owner/Applicant), Balzer and Associates, Inc. “Balzer” (Agent) is requesting to rezone the subject parcel located at 1590 West Main Street within the City of Salem. The existing use of the parcel includes a commercial restaurant with drive-thru lane that serves the existing facility. It is our understanding from the City of Salem Zoning Administrator that the current use is a legal non-conforming use within the existing LM (Light Manufacturing) District. Any improvements as part of the planned renovations to Bojangles that would potentially intensify the existing use would require a rezoning to an appropriate district which in this case would be HBD (Highway Business District) A conceptual site plan has been provided by Balzer as Exhibit A, which outlines the proposed area of improvements for the project. Parcel to be Rezoned: 1. Rezone a portion of Tax Parcel 140-1-3: (1590 West Main Street Salem, VA 24153) a. Existing Zoning: LM – Light Manufacturing District b. Proposed Zoning: HBD – Highway Business District Existing Site Conditions: The existing parcel is located along the public right-of-way of West Main Street and is currently owned by Seaside Heights, LLC. The parcel contains an existing Bojangles commercial restaurant with drive-thru. Typical commercial improvements are located on-site including the building, parking spaces, freestanding signage, utilities, dumpster enclosure, landscaping, etc. The property is located within a FEMA defined floodplain district and the building has been removed by prior LOMA Case No. 08-03-1819A dated 10/14/2008. Proposed Improvements: The proposed improvements on-site include the renovation of the existing building. (No expansions proposed). Drive-thru improvements to include two (2) order boards in lieu of the single existing location. Other miscellaneous improvements are being proposed such as restriping, repaving, landscaping, etc. Access will remain the same from West Main Street and through an existing easement for the adjacent drive aisle that accesses the signalized intersection. 15 2 | P a g e Comprehensive Plan and Future Land Use Map The comprehensive plan for the City of Salem supports commercial growth and re- development along major commercial/industrial corridors. This section of West Main Street (Route 11/460) is the commercial hub for the City which includes appropriate designations of commercial zoning districts including Highway Business. The future land use map “FLUM” indicates this property as commercial, therefore we are in alignment with the HBD district request and the FLUM. This project will be developed in accordance with applicable regulations including the City of Salem Zoning Ordinance. 16 ACCESS A ACCESS B DT LANE 2 DT LANE 1 DU M P S T E R EN C L O S U R E 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 2 \ 0 0 \ 0 4 \ 0 4 2 2 0 0 6 3 . 0 0 B O J A N G L E S - S A L E M , V A D O U B L E D R I V E T H R U T E S T F I T \ C I V I L \ d w g \ 0 4 2 2 0 0 6 3 . 0 0 B o j a n g l e s E x h i b i t 2 0 2 4 - 5 - 2 2 . d w g P L O T T E D : 5 / 2 8 / 2 0 2 4 1 0 : 4 0 : 2 1 A M 1208 Corporate Circle Roanoke, VA 24018 540.772.9580 HEC BTC BTC 5/31/2024 1" = 20' BO J A N G L E S - D R I V E T H R U I M P R O V E M E N T S ZO N I N G E X H I B I T 15 9 0 W E S T M A I N S T R E E T SA L E M , V I R G I N I A EX-A 04220063.00 PRE L I M I N A R Y PROPOSED CONCRETE PAVEMENT EXISTING CONCRETE PROPOSED HEAVY-DUTY ASPHALT 17 18 1208 Corporate Circle Roanoke, VA 24018 540.772.9580 www.balzer.cc Roanoke Richmond New River Valley Shenandoah Valley En v i s i o n i n g T o m o r r o w , D e s i g n i n g T o d a y METES AND BOUNDS DESCRIPTION OF A 0.734 ACRE PARCEL TO BE REZONED TO HBD BEING CITY OF SALEM TAX ID 140-1-3 BEGINNING AT A N IRON PIN FOUND ON THE SOUTH LINE OF WEST MAIN STREET, BEING THE COMMON CORNER OF TAX ID 140-1-3 AND TAX ID 140-1-4.1; THENCE WITH THE COMMON LINE OF TAX ID 140-1-3 AND TAX ID 140-1-4.1 S8°37’27”E 215.00 FEET TO AN IRON PIN FOUND, BEING THE COMMON CORNER OF TAX ID 140-1-3 AND TAX ID 140- 1-4.1, AND ON THE LINE OF TAX ID 140-1-11; THENCE WITH THE COMMON LINE BETWEEN TAX ID 140-1-3 AND TAX ID 140-1-11 THE FOLLOWING COURSES AND DISTANCES: S81°22’33”W 150.00 FEET TO A POINT; THENCE N8°37’27”W 89.00 FEET TO A POINT; THENCE N6°50’03”W 96.05 FEET TO A POINT; THENCE N8°37’27”W 15.00 FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 23.56 FEET, AND A CHORD BEARING AND DISTANCE OF N36°22’53”E 21.21 FEET TO A POINT ON THE SOUTH LINE OF WEST MAIN STREET, BEING THE COMMON CORNER OF TAX ID 140-1-3 AND TAX ID 140-1-11; THENCE WITH THE SOUTH LINE OF WEST MAIN STREET N81°22’33”E 132.00 FEET TO AN IRON PIN FOUND, BEING THE POINT OF BEGINNING, CONTAINING 0.734 ACRE. Balzer Project No.04220063.00 19 AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SALEM, VIRGINIA held in Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 AGENDA ITEM: Special Exception Permit Hold public hearing to consider the request of Sherwood Memorial Park, Inc., property owner, for a Special Exception Permit to allow for the expansion of the cemetery into the adjacent property located at 1221 Lynchburg Turnpike (Tax Map # 117-1-8). SUBMITTED BY: Mary Ellen Wines, Planning and Zoning Administrator SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: RSF Residential Single Family Land Use Plan Designation: Residential Existing Use: Residential – Residential Single-Family Dwelling Proposed Use: Residential – Residential Single-Family Dwelling/Cemetery The subject property consists of a 6.056 acre tract of land which currently sits within the RSF Residential Single Family zoning designation. The applicant is requesting the addition of the cemetery use to allow for the expansion of the existing adjacent cemetery. The current plan is to utilize two of the six acres for cemetery purposes. The applicant is proposing the utilization of two of the six acres for burial plot purposes. It is further proposed that two terraces/patio areas will be constructed for patrons of the cemetery. The single- family dwelling and surrounding area will remain single-family. Vegetation will be planted to screen along the boundaries of the parcel adjacent to residential properties. Access will remain through the existing entrances to the cemetery. There will not be a new entrance created through this parcel. The petitioner does not expect an increase in funeral services as a result of this expansion. On-site stormwater facilities will be constructed. REQUIREMENTS: The proposal is in compliance with the requirements of Section 106-306.1 Cemetery. Staff recommendations: Recommend approval of the request with the conditions that there will be no access to the cemetery from this parcel’s frontage along Lynchburg Turnpike, and the existing single-family dwelling will not be utilized for cemetery operations. 20 21 22 23 24 STORMWATER MANAGEMENT AREA GRAVE SITE AREA ASPHALT ROAD PATIO AREA POTENTIAL TERRACED PATIO AREA EVERGREEN SCREENING EVERGREEN SCREENING NEW TREE LINE GRAVE SITE AREA GRAVE SITE AREA LYN C H B U R G T U R N P I K E EXISTING RESIDENTIAL (TO REMAIN) ADJACENT RESIDENTIAL ADJACENT RESIDENTIAL ADJACENT RESIDENTIAL ADJACENT RESIDENTIAL 3800 ELECTRIC ROAD, SUITE 300 | ROANOKE, VA 540.342.4002 www.HughesAE.com HUGHES ASSOCIATES ARCHITECTS & ENGINEERS Concept Layout Sherwood Memorial Gardens 1250 East Main Street, Salem, VA 24153 Comm. No. 23058 MAY 21, 2024 ©COPYRIGHT 2023 25 AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SALEM, VIRGINIA held in Council Chambers, City Hall, 114 North Broad Street, Salem, Virginia 24153 AGENDA ITEM: Site Plan Consider the request of Lakeside (Salem) Station LLC, property owner, for the approval of a building addition at 141 Electric Road (Tax Map # 81-4-4) in conjunction with the proffered conditions of Ordinance #118. SUBMITTED BY: Mary Ellen Wines, Planning and Zoning Administrator SUMMARY OF INFORMATION: SITE CHARACTERISTICS: Zoning: HBD – Highway Business District Land Use Plan Designation: Commercial Existing Use: Commercial – Retail and restaurant uses – this unit currently vacant Proposed Use: Commercial – Retail Sales The subject property consists of a 9.692 acre tract of land which currently sits within the HBD Highway Business zoning designation. The applicant is requesting the approval of the proposed addition in accordance with the conditions on Ordinance #118 from 1987 when the old Lakeside Amusement Park property was rezoned to allow for the construction of the retail shopping center. Condition #1 of Ordinance #118 states that “a preliminary site plan shall be submitted to the Planning Commission for review and approval for any future development of the property, other than the development indicated on the proffered site plan submitted to the Planning Commission on November 11, 1987. Said preliminary site plan to include the location of the flood plain, floodway and river, proposed use of the floodway and any other remaining amusement park land and street rights of way, pavement, poles, adjacent streets and drives...” City staff is in the process of reviewing the entire site plan in further detail, and if approved by Planning Commission, will coordinate any additional requirements with the developer. REQUIREMENTS: The proposal is in compliance with the requirements of Section 106-214 HBD Highway Business District. Staff recommendations: Recommend approval of the request. 26 27 28 29 1 | P a g e REZONING REQUEST NARRATIVE: On behalf of Lakeside (Salem) Station, LLC (Owner), Balzer and Associates, Inc. (Agent) is requesting Planning Commission review and approval for a proposed addition to the main building located at Lakeside Plaza Shopping Center. The proposed addition is approximately 4,900 sf. (+/- 70’x70’) Any changes to the existing building on-site require Planning Commission approval as stated within the existing proffered conditions approved by City Council on March 23, 1987 under ordinance 118, Section 2, proffer 1. Dollar Tree is proposing to move into the shopping center but requires additional building space as part of their retail operation needs. The expansion is occurring in the north side of the building within a small area adjacent to loading docks and utility connections for the existing building. See Exhibit A prepared by Balzer and Associates for the proposed building addition location indicated in blue. Parcel on which the building addition is being proposed: Tax Parcel 81-4-4: (141 Electric Road Salem, VA 24153) Existing Zoning: HBD – Highway Business District No other significant changes are being made to the existing Lakeside Shopping Center with this project except misc. utility connections, signage, etc. to serve the new retail tenant. The existing zoning of Highway Business District (HBD) with conditions will remain in place and be unchanged as it relates to this request or Planning Commission approval of the building addition. 30 N/F LAKESIDE (SALEM) STATION LLC T.M.#81-4-4 ZONING: HBD ±70' ±7 0 ' ELECTRIC RD ROUTE 419 E A S T M A I N S T R O U T E 4 6 0 LAKESIDE PLAZA EXISTING BUILDING PROPOSED BUILDING ADDITION ±4,900 SF 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 1208 Corporate Circle Roanoke, VA 24018 540.772.9580 JJL JJL BTC 05/29/2024 1" = 50' LA K E S I D E P L A Z A - D O L L A R T R E E ZO N I N G E X H I B I T P L A N 17 9 E L E C T R I C R O A D SA L E M , V A 2 4 1 5 3 EX-A 04230011.00 PRE L I M I N A R Y 31 AN ORDINANCE TO AMEND SEc'rION 32-9, ARTICLE II, CHAPTER 32, 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, Piedmont Properties II, Limited Partnership, owner, and Roanoke Development Company, contract purchaser, have heretofore petitioned to have property located at 1526 East Main Street rezoned from Business District B-3 with conditions voluntarily proffered in the rezoning ordinance passed by Salem City Council on March 23, 1987, to Business District B-3 with amended conditions voluntarily proffered by Roanoke Development Company; and WHEREAS, in said petition, Piedmont Properties II, Limited Partnership, owner, and Roanoke Development Company, contract purchaser, did voluntarily proffer written amended conditions in addition to the regulations provided for in Business District B-3 into which this property is requested to be rezoned; and WHER~AS, Council has reviewed the proposed amended conditions and is of the opinion that the requested rezoning without the proposed amended conditions would not be in the best interests of the City and that the amended 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 15.1-491.1 through 15.1-491.6, relating to conditional zoning; and WHEREAS, the Planning Commission at its regular meeting held on November 11, 1987, did recommend to Council after holding a public hearing that such rezoning be done with the amended conditions as proffered; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALEM, VIRGINIA, that Section 32-9, Article II, Chapter 32 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 Business District B-3 in the City of Salem, be and the same is hereby changed from Business District B-3 with conditions to Business District B-3 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 32 of The Code of the city of Salem, Virginia, there is hereby incorporated the amended conditions set forth in section 2 of this ordinance to the same extent and purpose as though such amended conditions were herein fully set out at length: BEGINNING at a point in Mason Creek and on the south right of way of U. S. Route 460 (Main Street); thence with said right of way N. 74° 52' 35" E. 97.05 feet to a point; thence N. 15° 07' 25" W. 12.00 feet to a 32 concrete right of way monument; thence N. 74° 52' 35" E. 248.00 feet to a point; thence N. 15° 07' 25" W. 8.00 feet to a point; thence N. 74° 52' 35" E. 152.82 feet to a point; thence N. 83° 10' 23" E. 79.57 feet to a point; thence N. 84° 22' 35" E. 21.90 feet to a point; thence N. 83° II' 08" E. 80.06 feet to the corner of McDonalds Corp.; thence, leaving the right of way of Route 460 and with the line of McDonalds Corp., S. 06° 15' 01" E. 210.00 feet to a chisel mark on a concrete qutter; thence S. 87° 19' 57" E. 200.00 feet to a point on the west right of way of Virginia Route 419 (Electric Road); thence with said right of way of Virginia Route 419, S. 05° 27' 57" W. 24.31 feet to a point; thence S. 06° 05' 45" W. 192.64 feet to a point; thence a curve to the left: Delta 12° 18' 50", Radius: 1166.42 ft., Chord: S. 15° 59' 24" W. 250.20 feet to a point, thence S. 82° 19' 25" E. 6.50 feet to a point; thence a curve to the left: Delta 5° 01' 48", Radius: 1159.92 ft., Chord: S. 05° 17' 41" W. 103.82 feet to a point; thence S. 05° 34' 11" W. 241.38 feet to a point; thence leaving the right of way of Route 419, a new dividing line, N. 84° 25' 49" W. 604.62 feet to a point; thence N. 07° 59' 52" W. 223.66 feet to a point; thence S. 83° 28' 22" W. 44.00 feet to a point in Mason Creek; thence up Mason Creek with the old line, N. 08° 31' 54" E. 187.89 feet to a point; thence N. 16° 02' 00" W. 403.19 feet to the point of BEGINNING and containing 15.00 acres more or less. Section 2. The following amended conditions voluntarily proffered shall apply in addition to the regulations contained in Chapter 32 of The Code of the City of Salem: 1. ~ preliminary site plan shall be submitted to the Planning Commission for review and approval for any future development of the property, other than the development indicated on the proffered site plan submitted to the Planning Commission on November 11, 1987. Said preliminary site plan to include the location of the flood plain, floodway and river, proposed use of the floodway and any other remaining amusement park land and street rights of way, pavement, poles, adjacent streets and drives; and 2. The site shall be developed and used as a retail shopping center in substantial conformity with the submitted site plans for Phase I or II and landscaping with the exception that the traffic improvements will be modified to permit left and right hand turn entrances and only right hand turn exits at the proposed driveway entrance between Conehurst Boulevard and Springfield Avenue. 33 ~ll ordinances or parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed. This ordinance shall be in full force and effect ten (10) days after its final passage. Upon a call for an aye and a nay vote, the same stood as follows: Passed: December 14, 1987 Effective: December 24, 1987 /s/ W. Mac Green Vice Mayor ~TTEST: Forest G. Jones Clerk of Council City of Salem, Virginia Howard C. Packett -~ye ~lexander M. Brown -~ye Carl E. Tarpley, Jr. -Aye W. Mac Green -Aye James E. Taliaferro -Absent 34 -----·---·----------------------------------------------------------------------------------------------------------------------------------------------------------------~------------------------------·--- ' ' \ , , / / ., \ ' , ' / " / , / , / , / , / , ' " ' " , / , / 0--' / , / , / , / , , / ; ' \ \ / , ; ' ' • • • , 'i--'_ • • • i, t ' i / i I' ; ' I ' '' i ' • I • , I I • I • • • , , , , , CONCE PT PRELI MI N,A.RY PLOT PL ,A. N ' ' ' -------,-1----:---• • • \--.... - ------- I' L -k lb 0 PROPERTY STANDING IN NAME PIEDMONT DRQDC'PT1 II il\l_ II lL.,..ii\ I IES TAX NO 81-4-4 89, DEED BOOK 399 PAGE VIRGINIA ,-·, r,. \' -:::.,t_,)---~ I ,, -:::----· ~- -\ /\,--- CITY OF 1 "=-"11''' ' ~--} ---- ---- -------_ .. ,</ ~ - - - - -- --'.'.'\.:.,1 - - - -'-A._,;, .J .,. .,. -·--'"-\_A.__A_ SALEM. DA'fc: ~'"" ,, l'. ' . , ' . .. . ., - . -• • --------------- ' -..,!--!-------' - - - ' l -----'1,--< ~-·_,. 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EXISTING DROP INLET STORM SEwER MANHOLE SANITARY SEWER MANHOLE EDGE OF i,/QOOS EDGE OF WATER WATER VALVE ISLAND IMPROVEMENTS· . _·.,.,,- // /4;,' / I ,' /~;/ / : -------~ ---- ,f /<;//~CITY OF SA ; ---.-,.;;--~. --~ ------------ ' .....:. ,: ;,- ,' / /,,/ 20' SAN-WER EASEMENT 37. 305 ACRES / 1 D.B. 637 AGES 131,137 1 '-'":;),ic'JC ' / / / : ---'-...A._A...A._.,'\.2..k.- '-/-/ Y, I . __. _.,,-" ' " ' " ' " '''-.. ' ~ 1/ () ,4?1 1/ c., • • • ( '/ \ I ---I/ I I/ \ j . -------·. . I'( 1 w ' --{ • I I l -../ . __ -r-- : II f 1! ,/ _ _£.~~~---::-_, \\·· ·. I I I, I ' ' fLooolil~------. >, I ----\ I / / ' ' ' ----------,.,> \ ,' I, ----: :f.,. // / ,,, :. ______ PHAS_~,0 ,J-r-... -_-_ +· I PHASE 15.000 ACRES ! / I ",' ,,,,,,-2 2 . 3 1 ,\1'5 ACRES ·,.· I ' I >"' ,,-,,, .,,,,. I It" / \ I .,,,.,,,,. 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I I / ' ! 2· • • • • OUTLOT 42,750 FT 2 ;,. ;,. • • ~ ~ fu ~ I ( \ \ \ - \ \..,, -- ' \ ,, -/ •. , , -- 0 / --, ...... ,--.:..:--...,,,:-:::----_____ --,015. -, , / /;f:/ ___ ,,,-, --_ _ _ _ _ l----- I ----------------------- ' /.,,. -----\ 30 -------r:,;.-:..:-fi;:.;\.:-~i'[--- - -- -- -- -- -- - - -- , cfs· V T A ---~; ----:~ ~ ~: =: =-----_--1-EXIS,TJ~i('\.,.,' NO'E~,· CURB & GUTTER NEW ACCELERAT!Od LANE/~.,,,,. - - -_ ...... ___ ~,--,, -o . D ___ --r'--- ~~------ '-7. --:::_:::-r ------ -_=-_=-: ~ ~;;s 1'-1.=.v_~~-~..z.z,,.,., Mat.t.ern K C rat g CONSUL.T!tiG 0.GHIEERS -SJRVEHIRS q ' ' / I / I ,-,..,__. --------... , ' C _..,,_ ---------"t:, -_-_ -,-~ ------=--= =-- - -... - - - -""".~ - - ---------~---~-;: --d, -...=..11....'.,s] ----....,(._-........::--=--.........::-...,_:;_....-:;.....~---------=----_! ,__ a I -1---------_7-_ _.. N WLEFT TURNLANE _____ _ "' 0 VA. ROUTE 419 --L~----------- NJEW LEFT TURN LANE- VARIABLE) w 11 \I " " \\ I -~\:!c" __,_. \\__'ij \-- ID ,c >-I LC _j \ ~ \ \ SIGNALIZED INTERSECTION . ' -=1 -~--:::::----=---=--=---=---=- .;a = j ' II \\ 0 ~ w c:: C, O ! Z z\W -> "' < "-V> .c.Q iiiliiil ·---+---LE T TUR LANE ---~~ --ii::-~------------. ------------ "" "" "' ~ ~ ·.. 'o. -.... , ~ 'f. "IP o. _... \ 'i> \ i, -~ • 2'5 - '<., ·~' •__. "o. - - -_, \ 1,.,., o---t::, ..... ______ \ • o. , o, / , , OUTLOT 42,000 FT 2 ,.--------,,, .... .,..,,., -...._ _ .... ---- -- 1035 ........ , I \ \ \ I \ \ I \ \ \ \ ' \ \ ' Mc DONALDS 11 ENTRANCE.___,,\_, Mc DONALDS CORP. EXISTING 1 McOONALDS ENTRANCE tTO REMAIN IN SERVICE I m ';; ~-··. £~1STl~G EDGE OF P\I NEW CURS & GUTTER SE:\o'E'< n.'i TOI' 102':hfl7 u,;v 1011,.11 \ \ \ l TOP 1032. 16 ~ --4. w----------- _ _J COMM, a 790 • • i • i -_,:, :, 36 Sim m s D r i v e ( P r i v a t e ) El e c t r i c R o a d V i r g i n i a R o u t e 4 1 9 El e c t r i c R o a d V i r g i n i a R o u t e 4 1 9 East Main S t r e e t C o n e h urst B o ule va r d K e s l e r M i l l R o a d Northern Drive Portion of 111-1-6 111-1-6.1 80-4-2 81-4-4 80-4-3 111-1-4 0 200100 Feet±June 2021 The City of Salem assumes no liability for damages arising from errors or omissions. The information is deemed accurate, but not warranted. Please notify the City of Salem Engineering Department of any inconsistency. ZONING ORDINANCE 118 AREA CITY OF SALEM Community Development Dept. Geographic Information System Division 21 S. Bruffey Street P.O. Box 869 Salem, Virginia 24153-0869 Phone: (540) 375-3032 1:2,400 37 38