HomeMy WebLinkAboutCouncil Actions 03-05-07
Trinkle
37698-030507
ROANOKE CITY COUNCIL
REGULAR SESSION
MARCH 5, 2007
9:00 A.M.
ROOM 159
AGENDA
Call to Order -- Roll Call: (Council Member Fitzpatrick was absent and Council
Member Dowe arrived late.)
A communication from Mayor C. Nelson Harris requesting that Council convene in a
Closed Meeting to discuss vacancies on certain authorities, boards, commissions
and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of
Virginia (1950), as amended.
Approved (5-0, Council Member Dowe was not present when vote was taken.)
File #110-132
A communication from the City Manager requesting that Council convene in a
Closed Meeting to discuss disposition of publicly-owned property, where discussion
in open meeting would adversely affect the bargaining position or negotiating
strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia
(1950), as amended.
Approved (5-0, Council Member Dowe was not present when vote was taken.)
File #1 32
Items for discussion at the joint meeting of Council and the Economic Development
Authority on Monday, April 2, 2007 at 12:00 p.m.
The Mayor requested that agenda items be forwarded to the City Clerk or the City
Manager.
Items listed on the 2:00 p.m. Council docket requiring discussion/clarification and
additions/deletions to the 2:00 p.m. agenda.
The City Manager briefed the Council regarding s.a.1.
Topics for discussion by the Mayor and Members of Council. (5 minutes)
BRIEFINGS:
.
Parks and Recreation Master Plan Update
o Leon Younger, Consultant, PROS Consulting, LLC
Economic Development Incentive Policy
Stormwater Ordinance
Stormwater Utility Concept
60 minutes
.
10 minutes
20 minutes
45 minutes
.
.
AT 11 :20 A.M., THE COUNCIL MEETING WAS DECLARED IN RECESS.
AJOINT MEETING OF COUNCIL AND THE ROANOKE NEIGHBORHOOD ADVOCATES
WAS HELD AT 12:25 P.M., IN ROOM 159, FIRST FLOOR, NOEL C. TAYLOR
MUNICIPAL BUILDING.
1
ROANOKE CITY COUNCIL
ROANOKE NEIGHBORHOOD ADVOCATES
MARCH 5, 2007
12:25 P.M.
ROOM 159
AG EN DA
1 . CALL TO ORDER. (Council Member Fitzpatrick was absent, and
Council Member Wishneff arrived late.)
2. ROLL CALL:
3. WELCOME.
Roanoke Neighborhood Advocates
Mayor Harris/Sandra B. Kelly, Chair
4. INVOCATION AND LUNCH.
5. DISCUSSION ITEMS:
· Role of RNA
. As viewed by RNA
. As viewed by City Council
· Annual Report for 2006
· Strengths/Weaknesses of Neighborhood Organizations
· Neighborhood Support
. City Council
. Office of Housing and Neighborhood Services/City Departments
. City Website
. Other
6. REMARKS BY COUNCIL/ROANOKE NEIGHBORHOOD ADVOCATES.
7. RECESSED/ADJOURNED.
,
AT 1 :15 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED
SESSION.
AT 1 :40 P.M., THE COUNCIL MEETING RECONVENED IN ROOM 159. THE CITY
MANAGER BRIEFED THE COUNCIL REGARDING A REQUEST FROM MILL MOUNTAIN
ZOO FOR A CONTRIBUTION TOWARDS ITS CAPITAL CAMPAIGN.
AT 2:00 P.M., THE COUNCIL MEETING WAS RECESSED AND IMMEDIATELY
RECONVENED IN THE COUNCIL CHAMBER.
-'I
ROANOKE CITY COUNCIL
REGULAR SESSION
MARCH 5, 2007
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. (Council Member Fitzpatrick was
absent.)
The Invocation was delivered by Mayor C. Nelson Harris.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Harris.
Welcome. Mayor Harris.
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's Council meeting will be replayed on Channel 3 on Thursday,
March 8, 2007, at 7:00 p.m., and Saturday, March 10, 2007, at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing impaired.
5
ANNOUNCEMENTS:
THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY
COUNCIL AGENDA AND. RELATED COMMUNICATIONS, REPORTS,
ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE
COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF
INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF
ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S
OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH
AVENUE, S. W., OR CALL 853-2541.
THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL
AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO
ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT
WWW.ROANOKEVA.GOV.CLlCKONTHESERVICEICON.CLlCK ON COUNCIL
AGENDAS TO ACCESS THE APPROPRIATE AGENDA AND COUNCIL MEETING.
IF ADOBE ACROBAT IS NOT AVAILABLE, A PROMPT WILL APPEAR TO
DOWNLOAD PRIOR TO VIEWING AGENDA INFORMATION.
NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES
ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS
ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE
ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF
QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE
ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE.
ALL PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CALL
THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR
REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL
CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE
THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER
REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON
THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE
MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH
SPEAKER WILL BE ALLOTTED THREE MINUTES.
ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL
APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS
REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR
ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, TO OBTAIN AN
APPLICATION.
6
2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE.
3. CONSENT AGENDA ITEMS: NONE.
REGULAR AGENDA
4. PUBLIC HEARINGS: NONE.
5. PETITIONS AND COMMUNICATIONS:
a.(l) A petition for review of the decision of the Zoning Administrator filed
by Faison-Southern Lane, LLC, requesting authorization to comply with
the Concept Landscape Plan as it pertains to Tract B, in connection with
the development of the site location on Franklin Road, S. W., for a
Home Depot retail facility. James F. Douthat, Attorney.
Petition withdrawn.
(2) A report of the Zoning Administrator in connection with the above
referenced petition for review.
Authorized a joint public hearing be scheduled for Monday, April 2,
2007, at 2 :00 p.m., or as soon thereafter as the matter may be heard,
before the Council and the City Planning Commission on the request
of Faison-Southern Lane, LLC, that a certain proffered condition
binding upon certain tracts of land located on Franklin Road,
Southern Lane, Southern Hills Drive and Griffin Road, S. W., be
amended.
File #514
6. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: NONE.
7
ITEMS RECOMMENDED FOR ACTION:
1. Acceptance of a 2006 Assistance to Firefighters Grant from the
Department of Homeland Security, Federal Emergency
Management Agency and United States Fire Administration; and
appropriation of funds.
Adopted Resolution No. 37698-030507, (5-0, Council Member
Wishneff was not present when vote was recorded); and
adopted Budget Ordinance No. 37699-030507. (6-0)
File #60-188-236
2. Acceptance of a Marketing Leverage Funds Grant from the
Virginia Tourism Corporation in connection with new tourism
marketing programs; and appropriation of funds.
Adopted Resolution No. 37700-030507 and Budget Ordinance
No. 37701-030507. (6-0)
File #60-236-293-336
3. Authorization for waiver of the City's sovereign immunity and
execution of rental agreements with CBL & Associates
Management, Inc., in connection with the Valley View Fair
Housing Fair on April 14, 2007, and Valley View Citizens
Appreciation Day on May 19, 2007.
Adopted Resolution No. 37702-030507 and Resolution No.
37703-030507. (6-0)
File #178-455
b. DIRECTOR OF FINANCE:
1. Financial Report for the month of January 2007.
Received and filed.
File #10
7. REPORTS OF COMMITTEES: NONE.
8. UNFINISHED BUSINESS: NONE.
9. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS: NONE.
8
10. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and lor comments by the Mayor and Members of City Council.
Council Member Lea announced that the William Fleming High School
Boys Basketball team has advanced to the State semi-finals for the
first time in more than ten years. The William Fleming team will face
Waynesboro at 7:30 p.m., Friday, March 9, 2007, at Virginia
Commonweath University Siegel Center in Richmond.
File #132-467
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council.
11. HEARING OF CITIZENS UPON PUBLIC MATTERS:
The following individuals appeared before Council:
Chris Craft, 1501 East Gate Avenue, N. E.
Ms. Helen E. Davis, 35 Patton Avenue, N. E.
12. CITY MANAGER COMMENTS:
The City Manager presented a status report with regard to a development
proposal from Valley Forward that the City facilitate construction of a small
hotel and parking structure at the summit of Mill Mountain in Mill Mountain
Park.
File #67-166
CERTIFICATION OF CLOSED SESSION. (6-0)
l)
Appointments to various authorities, boards, commissions and committees:
Jesse A. Hall was appointed as a member of the Hotel Roanoke and
Conference Center Commission for a term commencing April 9, 2007, and
ending April 8, 2011.
File #15-110-247
Council Member Beverly T. Fitzpatrick, Jr., was appointed as a member of
the Roanoke Valley Allegheny-Regional Commission for a term ending
June 30, 2009.
File #1 5-110-326
Melinda Mayo was appointed as the City Manger's designee to the Roanoke
Valley Regional Cable Television Committee.
File #15-110-448
Charles W. Shaver was appointed as a member of the Roanoke Valley
Greenway Commission to fill the unexpired term of Talfourd H. Kemper,Jr.,
ending June 30, 2007.
File #15-110-379
10
CITY OF ROANOKE
OFFICE OF THE MAYOR
:15 ClIl'J(CII AI'LI\l.E. S.II.. J(U{)~145:
RUANI IKE. VIIHjlNIA 2.1011-151)4
n'l.rl'lIn:-':I:: \5-10) ~5.\-~-1-1-1
FAX: 15-111) \:'.~-I ;-l:,
(". '[LSO' II.-\RllIS
'taynr
March 5, 2007
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
This is to request a Closed Meeting to discuss vacancies on certain authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
e..1{~~
C. Nelson Harris
Mayor
CNH:snh
~~
ROANOKE
OFFICE OF THE CITY MANAGER
t>;oel C. TilVIOr Mun',cipol Building
21~ ctllJTch Avenue. SW. Room 164
Ro,:mokE'. Virginia 24011
I)40.85J.2333
www.roanokcgov.com
March 5, 2007
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Request for closed meeting
Dear Mayor Harris and Council Members:
This is to request that City Council convene a closed meeting to discuss the
disposition of publicly-owned property, where discussion in open meeting would adversely
affect the bargaining position or negotiating strategy of the public body, pursuant to s2.2-
3711.A.3, Code of Virginia (1950), as amended,
Sincerely,
Darlene L. B rcham
City Manager
DLB/f
cc: William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Stephanie M. Moon, City Clerk
Parks and Recreation Master Plan
Preliminary Recommendations
Public Meeting
7 p.m.
Tuesday, March 13, 2007
Governor's School, Patrick Henry High School Campus
Facilitator: Leon Younger of PROS Consulting
PARKS AND RECREATION
Roanoke Parks and Recreation invites you to
provide feedback on the preliminary recommendations
to update the department's master Plan.
Be a part and have a say in your future!
For more information, contact Vic Garber,
Superintendent of Operations, 853-1242 or
Vic.Ga rber@roanokeva.gov.
Bring a Neighbor!
City of Roanoke, Virginia
Economic Development Partnership
Administrative Guidelines
Adopted: August 22, 2005
Amended: March 5, 2007
Introduction
The City of Roanoke establishes these Economic Development Partnership
Guidelines to further the goals and policies of the City's Comprehensive
Plan, Vision 2001- 2020, to create and retain jobs, and to encourage new
investment in the City. These guidelines establish a framework within
which the City Council and City Administration may consider the
equitable and appropriate evaluation of economic development
proposals.
I. Eligible Activities / Areas of Assistance
The following activities and types of assistance may be eligible for
consideration as part of any request for economic development grants
made under this guideline. Note: All grants would be made through the
Economic Development Authority of the City of Roanoke, Virginia (EDA).
a. Reduction of the sale price of City-owned land for the purpose
of development
b. Grants for investment in machinery and equipment subject to
local taxation
c. Grants--for investment-insite.infrastructure -of an.~extraordinary'
nature necessary to support proposed development as opposed
to typical development practices observed in the City (For
2,
example, developing land with extreme drainage issues or
including infrastructure to mitigate flooding downstream.)
d.
Grants for investment in public infrastructure built by the
developer or business, such as streets, traffic signals, drainage
improvements, etc. serving a public purpose over and above
support of the proposed development itself, which are dedicated
back to the City and meet state and local standards
e.
Grants for investment in extension of public utilities
f.
Grants for training for new jobs filled by City residents or re-
training of City residents in existing jobs
g.
. Granis~Iii'ar{amolJnfequ-aCtoihepropasea;ahateirie"iiYari~;to"r iRe.
s~meiimetle'riqc:l,for projeGts'eiigibie forthe PaftiaJTaX'Exe'mptlorion
.. ..,. .. -.. . .. .... . . .. ... ~ '.. . .-....
Rehabilitated Buildings incurringextraordinaf'y. redevelopment 'casts,!
:n;ay:he. riia~~Inji~u ofslJGh:pa~jartaxex.enlption:$'uch:p[ojeds 'sh~!i
becontai.nedwithih.existing; n6n~residehtial'.stfuctures,ioti;iJed-Wi~):1in
~he D6writown'.(D) zoning district;a;rehabiHtatiori district,~
.~. ." ".".. ....".. .,....,.. .....n . .." .... . ._ ._......
cohservation-,district or redeyelopmel]t'are,a; and shall inlibl\le
st(uctures being con\lertedprimoa[ily.ti:> .r~~i~.enti~I..dwe!!ilJg.~D)Is:f9t
$.~leJ.QJDc:liyj9!Ji:!LVn.itqWD"er'S.:
Procedure and Process
a. Applicants for assistance must submit to the Director of Planning
Building and Economic Development in writing a description of the
proposed project, including:
a. Type of business
b. Legal name of entity
c. Description of project
d. Entity's financial ability to do project
e.-Experience of entity..in .similar projects___.
f. Partners in the project
g. Amount of investment
i. Real Estate
2
ii. Machinery & Tools
Iii. Personal Property
h. Number of new jobs/jobs retained
i. Salary rarige
ii. Benefits
i. Project time frame
j. Specific grant request
k. Justification/need for assistance
I. Benefits to the City
m. Other applicable grants received
n. Such other information and documents as requested by the
City
b. Applicants should also provide a spreadsheet of estimated direct
revenue produced by year.
3. Review and Consideration of Grant Requests
The Director of Planning Building and Economic Development, in
consultation with the City Attorney, Director of Finance, and other
appropriate City departments, shall review and evaluate each request
using the general guidelines below, allowing flexibility to determine the
needs for each specific request. Guidelines may be individually
considered or combined, depending on the nature of the project:
a. Business or developer should have been in existence at
least three years with good financial standing at time of
request.
b. Investment in new construction or renovations to existing
facilities, and/or equipment investment should be at least
$5 million, unless the business currently has operations in
-- the Cityvalued/assessed"atthat amount or more.
c. Number of jobs created or jobs-earmarked for
" rete"n"tion/retrairiing should be at least 100 permanent /
full-time positions.
3
d. Proposed average salaries should be at or above the
median wage level for the region. (Note: Currently
$12.66/hr)
e. Estimation of tax revenue generated based on projected
building/land assessment, equipment value, business
personal property, business license tax, and sales tax, as
applicable, should cover the value of the requested grant
within a three to ten year time frame.
f. The submitted grant request should clearly indicate the
existing/requesting business or proposed new
development is considering a location in another state or
adjacent loca.lity, and/or the physical conditions of a
specifically proposed site within the City would not
reasonably support the proposed development without
-mugrant-assistance;u-- _____ __._____ .. ___ ___u_
g. . The grant request would result in underutilized, blighted
or obsolete land uses being eliminated and/or additional
sites for future development being created as a result of
the proposed grant request.
h. The grant request would mitigate 'extraordinary'
development costs.
i. Any public improvements subject to the grant request and
undertaken as part of the proposed development would
benefit the public generally and the surrounding
neighborhood.
j. The proposed development would not result in any
significant environmental pollution.
k. Whether the business is participating in other incentive
programs offered by the City, State or Federal levels of
government to which the project is entitled. The City
must determine if other sources of funds available to the
- existing/requesting business might preclude the City's
further participation in the development. (City incentives
aresurilmarized in Appendix A of this poliCY.)
4
I. Such other items or matters relevant to determining the
City's participation.
The Director of Planning Building and Economic Development shall report
the findings, evaluation, and analysis related to the grant request to the
City Manager to formulate a recommendation on any grant request. This
recommendation shall be made to the City Council, based on the general
parameters of this policy.
4. Approval of Grants by City Council
a. A written Performance Agreement in a form approved by the
City Attorney, and reviewed by the Director of Finance for
fiscal/financial impact, specifying the terms, conditions, and
obligations of the parties must be agreed to and signed by
the existing/requesting business before approval by City
Council and the EDA, and be fully executed prior to the
disbursement of grant funds.
b. The EDA, upon approval as outlined above, will administer
the payment of grant funds to each grant recipient in a
manner as outlined in the executed performance agreement.
c. The grant recipient shall provide written reports and
documentation to the City and EDA, showing its compliance
with the Performance Agreement. Other documents or
verifications may be requested by either the City or EDA.
d. Grant payments should be reimbursements made once
milestones, conditions, and obligations of the grant
recipient, outlined in the Performance Agreement are met
and verified, not before, unless a Governor's Opportunity
Fund (GOF) grant has been secured. InGOF cases, GOF
incentives are usually- provided- at-the- initiation- of. the
development or as the state may otherwise require.
5
l.
...
.....~~../'.
./'.
.."
; .(
I~c;
IROANOKE
BACK~ROUND
. ,.
',; .
! ..
Improperly_ ;':;ailaged storm water runoff from
. . t. . .
Developed/lands adversely effects Roanoke
citizens' environmer1"(by causing:
1,
- Increased downstream flooding.
- Increased stream channel erosion.
..;-..' ,-.:
,;:;.:;!ncrease.d pollution}rom nutrients, bacteria, and oils
.-', and.greases.""/.
,... Decreased aquatic wildlife diversity.
.."
r.;Hy Uf'HIJEJfJlJb~, :i!'JfI!J ii'hJt!j{ ?J'S!:J:'IJ~:Jti~.JfJ
1
EXISTING SWM REQUIREMENTS
"
~~-
~d
ROANOKJ:;.
o City o~IR9anoke's existing SWM Ordinance was
adop!ed to"primarily address flooding.
. ,.
. "\',
.~~..~.: \
-'-:':-...
......__;:::/'., ___// ~~::?~..~:.: ' '.' :....~~~.~~J;~~~:~~:~~
- It.does not meet'currentDepartment of
//'Conservation and Reqeation (DCR) Stormwater
._ ~./ Management Regulations
. '(.:.:Ey {)j.H!:JEJfJDht, '::;brllt ~\hd~r .?f~:.;!:HitEltj!:J!J
WHY IS A NEW SWM ORDINANCE AND DESIGN
MANUAL R'EQUIRED?
. . '.!. 'J.,
: - ~
Requirement for. localities that maintain a Virginia Pollution
Discharge Elimination System (VPDES) Permit and operate a
. ~-.." , ..... .
lIII~nicipal.?eparate Storm Sewer System (MS4).
. To Serve the DevelopmenfCommunity.
, -."' c';'-
- Currentiy construciion over 1 acre requires a DCR permit.
'.'
. DCR permit requir~s compliance with State SWM
. Regulations;ho~ever, the State has not historically
enforced their requirements.
. -~---;:</ EpA-is ~ressuring:6cR to begin enforcement which will
........ cause confusion"in the development community.
. With the new SWM Ordinance, the City will be able to
review plans locally and avoid potential for conflicts with
DCR.
.I~~~
I~OANOKE
GHy fA j"~!.J=JJjfj~~:;,.~:;t!:JrJJJ WElt~r .Pf~S:tfJtEJtjljIJ
2
~
ROANOKE
HOW HAS l:HE CITY BEEN DEVELOPING A NEW
SWM ORDINANCE AND DESIGN MANUAL?
- '.
........-._ I
....
o the City andCounty.:bave been jointly working since
January 2006 on developing a SWM Ordinance and
...
a SWMDesign Manu'al to provide guidance to the
development community and residents.
., ".:- ".
-:-,-9ty.~nd <;ounfystaffhave worked to standardize
.-"'"' /req~lrements as ~~ch as pOSSible.
,,---A'stakeholder's commiUeehas met to review the
_' //' progress and offer comments and input
--
'(.,;Hy I'Jr j"{!:J=.JfI~.d~YJ ?:it'A:1J ~\'.hd::Jf ?(::l~::.orJt~ltir.JfJ
Highlights of Proposed Ordinance
!~
:~Q~1'!9J5_~
o Stormwater Quantitv requirements (flood protection)
remain the same
. ." .
o Requirements for:permanent stormwater Qualitv
control are added. . TIi-ese must be met by
implementing Best rvjanagement Practices (BMP's)
o RE:lqi,!irements for landowners to inspect and maintain
,'-i3Mp's to maintain their function.
. Requirement for City to periodically inspect all BMP
facilities_ .
C;Hy f.Jf .r~':J~JlE);~f:!1 :;!!:Jrm W"=lt&f ?fO,)::;~fJ!'Elfjf.JrJ
3
I~
I~OKE.
,.
Design McWl!al
. "
.' \,
~"'''''''' . \
o Design.Manual ~rings together all stormwater related
requirem,~nts if'] one'di:lcument.
. Provides guidance.to';"aesigners and developers to
minimize confusion.'
. '.
o Ol,ltlilJes inspectioriand maintenance requirements.
...-:-:..,' . ~..' ..' ". ....
"
/"
../
C:Hy rA f~~.J?.JJJ~:~:':, ::Jbrm ~'hlt~r .Pr~:~~lJ~~~i0fJ
WHAT ARf'THE ANTICIPATED IMPACTS TO
DEVE!,.OPERS?
!~
~~QAI'iQKE
o Increased design effort.
. f--::'-~'
. Increased construqtiqncosts to provide BMPs.
. Potentially more use of land for BMP's. Water quality
BMP's may be incorporated into landscaping with
..,.proper planning and design.
SHy u; J~r)';.HJ!J:~~J 7~br:J! W~J!~r ?r~;j::lrd::!ti!:J[j
4
. "
.' J: ;.
WHAT ARTTHE ANTICIPATED IMPACTS?
l'~iiiI!
ROANOKE
--
'j '.
, '
..~
. ~r
'r..;lty ':.Ji i~':),=ifJ!J;~=::J, ::,;tl)rm W::![7f ?r:1.:j::11Jt~djljJJ
I~.
LROANOKE
WHAT AR~ .~HE ANTICIPATED IMPACTS TO
LANDOWNERS?
-.
. I ~ "..
''t;~-. .r \
'.
. increased maintenance costs for SWM BMP's.
. .~..
. Requirement to keep,maintenance records and
...
submit to City annlJC}lIy, .
. Must give the City th~. right to enter property for
.,p.eriodic inspections.,'.
.... . ," .," .,'
"
..'
CHy ~A j~~EIW.J}i":;!, .:i~'JrI1J W:lti'::lr 1-'P:.l:::;f:;lfJt::.ltjUfl
5
'1urZ2-
'. ...... ~
. . ROANOKE
ANTICIPATED IMPACTS TO ADMINISTER THE ~--
ORDINANCE \
'.~ ""
. .Increas'ed'staff,time for plan reviews.
. increase~ staff time.for inspections during
construction.' .' ?', .
/.
. I ncreased staff time to periodically inspect every BMP
in the'City,.
.", '\
- This effort will increase over time as additional BMP's are
~""';':const!yctea. ".'. ..---."
( ," . .
. Increased time to track maintenance by landowners.
,./..... .
.......
"
"SH) ':.If F~'J!JfJr.J:~!S!, ~jt0J'IIl ~\h.lt~r ?r:;l~!::!fJt~Jtj!:JfJ
I~~~
!~QI>,NOK~
WHAT ARE THE ANTICIPATED BENEFITS?
"'""" .
. Avoid'increases.i[l,f1ooding (same as existing
SWM ordinance):".,
,
. Avoid increases'in stream erosion and
degradation. .
~"()ver~ime improve stream water quality.
. Comply with MS4 permit requirements.
~~Hj vI EmJiJrJh:l, .Jbrm i.N~I!~r ?r::l:.;'.:dJt~Jtir.JrJ
6
WHAT ARE THE ANTICIPATED BENEFITS?
~ /"
"Or
.{..:.
I""...
1--
IROANOKE
~
...../
,.-
SHy uj J~~EJIj~~~:'J ~t!:,d'f{J \.HE,grJ( j-ir::l:.;~rd:.J!jlJJJ
7
I,
'1
i'
;
!
,
;
I
! .:
r.
UJ
~.
O.
Z
<(
o
c:::
.:.
, :~,
,I
Ii,
CI)
ca.....
.- ca
C-c
.- c.
~::J
.-
>~
.....
11'\ ._
CD::
~.....
O::J
c: J..
.'ea (I),.
. 0" ....." t...
.\ ca<~
; a:\~s= -
......
o E
~J..
... 0
.-
o '......
en
C)
c:
....
Gi r--
.- 0
'm'~
- "'
. (j I.C)
c: .c
z. (.)
0....
.0 ..~
~.
. ...
-'".-
o
I .
,
,
<.
"1
, I
'. \
\ l
" "1
I
"
"'
.......-.--__ ....._..._..__.. _hn_~._....__. _'....m_.__._.__.. _ '._._.. ..__n__.. .__.._ .....
en
Q)
C>
C.'
, ctS .'
..c
()
""0 C
Q) 0
+-' .-
ca en
c.. en
'" ::J .
.~,u
+'"" 'en
c ......
<( (l)
, 1
1 .
.,
.
~ :>',
~
......
.<:)
,~
.~,
'-'
'~q
.-......,
'-'
.......
J)
.~i)
J)
1....,
L\,
1....,
J)
.~,
'-'
III
.. ::>.
~
~
......
......
1....,
<:)
.~,
ii")
~
J)
,.,
-..,
<:)
~
....,
~
III
<:)
~~
LL,
,'--,
Cl
>-,
.~,
".:......:..,
D
"
,-:;--'::-":::::: --:.:.:..--:.-
t/)
CD
.-
1J
~
....,
en
tn
~
o
. ....
>
CD
b
.(j6
c
<<S
-
a..
-
c
0)
E en
-
0) ()
0> 0)
<<S '-
0
C lo....
<<S a.. >.
~ - "0
C :J
lo.... -
0) 0) (/)
- E
<<S >.
S 0) -
.-
> -
E 0 .0
lo.... .-
0.. en
lo.... <<S
0 ,
\\ E
.- 'l\ ,,}. .0)" .
(/).:. --~..' lL .'
, ,
\"-
". <<S
.- . \\ ..' :>.
<<S \-
-~.- .-
.- c a. .-
""'" --
0 '<<S 0 -
.- "'" () 0 :::>
0> 0) C\I
'0) 0) lo.... LO
a:: C ..... 0) 0
,.... .- Q) - 0
..... <<S .c <<S C\I'.
0) Q) lo.... E S
~ .c 0 .c
"'0 0 Q) u
-- E u E : .....
C u Q) , ;.rn
<<S 0 lo.... 0 lo.... ~
0 0 0 .' ,
a: I - I - 'I'
(/) (/) .! .'.
'.
\.
0 0 0 .\
.~
.,::)
,~
-~,
~,
'\\.l
-~,
'--.
L.,
J)
.~ i)
<1)
:L,
L\.,
:L,
J)
-":-'-1
~
.~
~
~
""
.....,
:L,
,::)
-~,
l'J
.,.
.1)
,: 1
-.,
,::)
~
..L.,
~
\\l
,::)
'LS
''-,
.c)
>-,
-~,
,-'-.,
L'1
i.
i
i
l
I'
i
,
I.
i
i
"
Jo..O)
C1)0)
..... ~
C'O Jo..
3=C1)
.c
e,S
Jo..(J
.so
en,
-
CtS C
c: C'O
0-
0_ a..
m ..",'
CI) b
a: (1).
CI) E
~(!)
ot>>
c W
00 c:
o ffi
OC~
en Q)
Q).:Y:.
.- 0
o C
:.= CO
o 0
Q.cr:
~ Q)
.- ..c
E-
co.~
X c
Q) 0
.9:;:;
en~
CO:;:;
~ '-,
~E_
-o-oJ!l.
:JO, o.
- 0', ~
en ....., \t:~,
~.. C!'!
", ~ 0"\ "
'101. "I, "
~ .E () 'I,:. __
-'en~~ €
oQ)S 0 E::J
en:i c C Q) 0
:J. #f"t ~ 0
-0 'U. 0 ~
g 'Q):J, a: (f) Q)
-00---5
0-00
~,., lo- >- >- @
lo-Q.~+-'+-'o
Q)-o=ooa:
o ~~ I I I
o
c
o
C')
Q)
cr:
Q)
..c
-
c
en
-0
Q)
Q)
Z
~
-'...,
,0
.'~
-~,
.~
-~,
.'-,
......
J)
~i)
J)
:L.;
LL,
:L,
.J)
-~,
~,
::::-,
~
-
o
Q)
'-
o
l0-
a..
c
~
......
......
:L,
o
-~,
L'"i')
.~
'I.{)
~
J)
,.,1
-..,
o
~
'"
-,
\"
o
..,~
LL,
"11
.,....
"
C -Y;}
.B-oCi)
C Q) '-
>" .- ~
.-
.-
_ - 0
o '. C "'0
C Q) l'--
S :E 0>
o 0>
~ C T"""
'. ~j CO. '-'"
1'\,'. a:: I
n_..,
C\
>-,
-~,
.,~
D
'0
.. .... - --.... "__..'_ _ ....._.. ._.. ..__ '._.._~__n~.. ..__.___.____.___. _..__..__
i
,
I
,
!
~
>. 0
0
'U LO
:J. fF}
+oJ I
C/)
- ~
CO 0
en C 0 ~
... 0 T""" ;:)
(,) .- fF} .,~
0') ,,:-7
(1) -,
Q) :~\.l
- -~,
.- 0 '--.
0 lo.... ....,
:1)
"- Q) Q) :~.i)
0- .r::. 0') J)
+oJ '-',
... C 0') i:\.,
c: C ~ C '--,
(1) J)
'U 'U -~7
E Q) \ll
Q) .r::. 0 :::::-,
(1) 0 :::-"
- +oJ
> .- .~
+oJ - ....,
C ....,
0 C Q) '--,
.- ;:)
"- ~ Q) Q) 0') ":-'
Q.- , "C'- li~
i'l .'- "CO
' .
E 0) ,', .~.-
',Il 'CO - .' ~
'.'C
. .
I.. J)
LO i 'j C/)
- ", '" ... C/) .- '.,1
!. . +-". CO -.,
- Y:t' \; U +oJ ;:)
CO , ,P '., Q) U '- . ~
Q) Q) 'U ~
... '--' ~q
.- +oJ 0 ~ ....... - ;:)
Q. CO o ct:S .....;-,
.'- 10- ;LL,
CO ~ E 0.""" lo- U "--.
0 0 C/) T""" a.. 0 .~
+oJ +oJ LO
0 C/) U Ct') fF} - :>,
c: C\I Q) .. 0 Q). -~,
Q) +oJ ,'--,
.- '--' C/) CO >..2= i:.J
as "- +-0 .0
"- CD ."C '- Q) 'U ~',O
C .c Q) a.. 'U Q) '-C/)
lo.... :J O.
E E '- <.0 - :J '--' Q)
:J U - CO ;~
:r- CD 0 <.0 C CO ~ 0'
0 (J T""" - > _.
ID ...
~ '~ .
W C 0 0 0 0
,
,
;
,.
"
,
,
!
! .
j
i
i
l..~_..
J'
!
!
i
,
t
J
i
,
!
!
,
J
Q)
~
en
en
-
Q)
C)
ca
c
.-
ca
...
C
-
ca
CJ
.-
C.
~
I-
;
i
.~..; ',. ~
f .. '.
1\ , '.
.,.
';l . ~ ~.
.
.~__.l,.,,-------__~, .
,.
~
......,
Ll
,~
-~,
""
,,,
-~1
'""
.....,
:])
~j)
:])
......,
i:\..,
......,
.1)
-~1
""
,,,
::::-,
.;=-.
~
.....,
.....,
......,
Ll
-~,
17)
~
:])
'-"
-~
Ll
~
......,
~
,,,
Ll
L~
"--.
C\
:>-,
-~,
,'--,
D
,
i.~ .
i
I
;
i
;
i
'j
I
,
I
,
,
CI)
:J
en
en
-
CI)
C)
m
c
.-
m
~
C
-
m
(J
.-
; Co
I
I ~
! ,
. .....
,.
i.
~
......,
;:)
,-.;
-~1
'-0
'\"1
-~1
'-0
.....,
.1)
1',1
J)
'-,
L\..,
'-,
J)
-~1
~,
\"
:::::-,
;-.
~
......,
......,
'-,
;:)
-~1
z";:)
~
J)
'.1
-~
C"l
~
.....,
~;
;:)
~~
LL,
''-c-1
C"l
.>-,
-~1
,-.;
'':'':'l
-
(])
C>
ctS
~
(])'
> ctS
ctS
~ :::J
ctS C ~
C .~
(]) L)
ctS ,~
>. ,~,
. :-1
0 '\\l
0 '~l
.e-,
0 <-,
~ J)
-- 0 ~i)
~ .J)
ctS 0 '-,
:::J Cf) il,
C Y)- '-,
J)
C I '~l
0 e-,
ctS 1'1
0 :>,
.::=-0
0 0 ~
tn 0 ~ <-,
LO <-,
'-,
Q) 0 C\I L)
,~ ,~,
(.) ,....., Y)- .., t/)
" cD i.
"- ',I,
~. ./ ~
' , ,1)
~ I \ "'" C> '"'
'. . .-"
0 \.".Y)- "' C L)
\.. ~
tn .~" .- .<-,
"'0 -,
I"
Q) C> C L)
~~
a: c ~ Ll..,
.- LL 'c-.
"'0 L)
t: c en >:,
... ~ C . -'-1
,'-,
m LL 0 L~
....
C - +-'
" ctS ctS
+-' ~
.- '<
E Q. (]) ,
,
ctS Q.
a.... 0 ;
0 () . .
~ ,
; W 0 0
}.
i '1.
I.
t.
rt!iV
~
@ C~
@ ~
@)~
~
g ~.
~ ~
@<:=J
goo
rt!iV(QYlJ
@) ~
[] c:=:J a r=::J
<:=J
~~
@ ~
g d
(911&:,
d~
@ (9
0= ~
~ rt!iV
0= @'
9>>'~E::=:]
6 <:=J
Cc:::::J Cc::::::I
~~
<:=J
d
l"
i
i
E
"-
o
-I-'
Cf)
-
o
c
o
.-
+='
o
:J
"-
+J
Cf)
C
o
o
"-
o
....... '.
C',',
. '.
','\
o ',\
.=Cf)
'+J
'- CD
. Cf) .-
~ -- -=--'
:J.:=.
0"0
U:C'tS
CO.......
". "-
"OQ)
C+J
CO CO
....J S:
o
'*""
C
Q)
E
Q)
b-
.-
+-'
Q)
"-
+=' Q)
.0 0
Q) C
U ctS
'0 C
"- C Cf) Q)
2 n1Q) +J
I'Pt .- C
~y ~ +-' .-
S: c:..= ro
E .Q 0 E
+-' CO
"- 0....... "0
O:::Jb C
..... lo.... Q) CO
Cf) t5 ~
c:>.. C
o. ';::>'.Q
0..;. E (ti'
c> b.. lo-
C ...8 Q)
'6 Cf) a.
Q)....... 0
Q) 0 >.
+J
.5 en :=
c> t5 u
Co CO
WuLL,
Cf)
E
eel
"-
0>
o
b-
e.
..,.......
"0
\.."
C
o
.-
.....
Cd
lo-
.....
Cf)
.-
C
.-
E
"0
<(
o 0
;
,
'-. 0
, "
. \.
/" i
\.
.....-. ...... .... '-. -..
.~
.2\
,~
-~,
.~
-......:...,
.'--,
L,
J)
"1'/1
J)
:0....,
L\..,
:0....,
J)
-"-:-1
~l
:::::-,
=
>.
+-'
.-
;::;
L,
:0....,
C)
-~,
ii'J
Cd
:::s
0"
"-
Q)
.....
n1
~
E
lo-
o
-.
CJ)
~
.1)
'v'
-..,
2\
<':::
-,
'"
C)
~~
LL,
"-.
~
::::--.,
.~,
,'--.
D
o
I-
~
~.
a=
=
a=
~
d
@
(g
@
b
@
-<Q!
a=
@IJ
~
(Q)
o
@
00
~
@
o
~
~
@
~
@
~@>
@ @IJ"
~ d
@ @
~ y
2= @
@ro
~
ffi ~
~ a~
~
~ ~
2= @l
g~
000
-
-
o
C
:J
l....
"0
Q)
en
ctS
Q)
b
U
C
.-
en
Q)
+-'
ctS "'0
lo- Q)
Q) "'0
c ._
Q) > .-
0> 0 U
l.... _ en
>- a. '(3 Q)
t en,Q) Q)
Q). ','- ;,,0.-
0.\\Q) "...l,^ ~"
. I ....UJ '-'
e \2 Q) Q) .
a. :> l.... +-',
.. ~ ctS U
:""0; Q) Q)
Q) en en=
0. Q) U 0
0.- Q) U
(j) ~ '0.8
> l.... l....
Q) :J a.. Q)
"0 en - ~
>. ctS ctS 0
l.... Q) ~ a.
~ E g-en
W <( () ~
c
.-
en
.......
c
Q)
E
Q)
>
o
lo-
0.
E
000
~
.'-,
C)
,~
-~,
~,
'\\.l
-~,
'-,
'-,
J)
. :ii)
J)
:L,
L\,
:L,
.1)
-~1
~,
\"
::::0-,
~
~
'-,
'-,
:L,
C)
.....:..,
1,~
.'
~
,1)
,.,
-~
.j
~
'-,
~
\"
..::)
~-,
LL,
"---,
.j
>,
-~1
,'-,
Ll
\
'! :
\
~,:
I
I.
I
I
~
'*"
0=
=
0=
'*"
d
k,
@
'*"
@
~
~
k,
<<2>.
'*"
00
.....__.m...... ... ..~~.._.__...__...____.. _" _. ........_. __."
"'0 en
c
0) .-
"'0 (tj ~
.'-,
.- "- ,C')
> "'0 ,~
.~,
0 '-'
\q
"- E -~1
0.. "~
"- <n
en 0 L'/)
..... ;})
0) en :L.,
u L\..,
.- 0 :L.,
> ..... ;})
"- .~,
0) "'0 ~
\q
en 0) ::::...
,;:-.
0) .....
c .- ~
E '-,
0 - '-,
0.. >, :L.,
.- C')
.- (tj. -
"'0 U .~1
0) c. 0...\ en .~(:~. 1/"
!'io_ . .
.- , , ~
en "- .en \ I, a)
(tj Q. ,'0) , "en , ,.,
'U .- ., -..,
..c C')
. '+-, c
.en.\ "- c::
0) >" 0) ~ ~
\q
"- (tj; 0.. -....; C')
CO ~~
." 0.. 0 - Ll,
en "- 0 u_.,
"- 0.. Cl
0) 0) 0) ~
0) en - en .>-,
- .~1
u.. :::::> <( :::::> D
000 0
"\
'.
!. ;
;
,
,
..
6
@
.;:=J ~
ffi
~ 0)
, (])
i
I +-'
! ~ CO
i lo...
; --
6 en en
(g. c (])
lo...
.;:=J ~ 0 :J
00 -0 .- "0
Q) ......
:l ctS Q)
ffi ..... lo... +-' U
en :J c
6 ..... Q) 0
~ U lo... (])
WJ +- ::J E a. u
.- b..
0= -. (]) c
= .- +- 0') en
.JQl ..c en - etS
.- Q. b c: Q)
ffi en (]) .- u
8: -
ctS . - .-.
......, "il u.':;;;
.;:=J . cU '-'>:0
WJ (]) , i ~ . lo... - b.,-...
~-, .
-. . ~ c: 0 Q)
!1illl ,. , ...+-
etS CtS \ 'i. CO c: c: en
- (])
(g 0.. a. 0.. etS (])
.;:=J 0 0 0 E +- -0
- (]) Q) 0.. .-
WJ (]) (]) >
@" > > > a. 0 0
(]) Q) (]) E u lo...
@ 0 0 0 <( 0...
.;:=J ~
00 .\0 0 0 0 0 0
=
ffi 0\,
(?J ~
<::::=l '\
C c:::J a c:::J .,
, ~[]~ "
I ;
;
; ~_<::::=l
i
I ~d
i , ..
; \
-;
~ .. ---
~
..,.,
,::)
,~
-~,
~,
,I'
-~,
.;:;
~n
lj)
J)
:L,
~
:L,
J)
-~,
--.
'"
::>.
;-.
~
--.
--.
:L,
,::)
-~,
l"j"1
~
.1)
'-.1
--,
,::)
;:;
~
\"
,::)
L'L;
,'--,-,
~
>...
-~,
,'-,
D
!
1..
L."
CD
....,
m
$;
E
b
"A
; ~
; ........"
" ..........
i '.00
,
!.
"
Q)
Q) ~
..c:: c
- Q)
Q) >
C (]) (])
0 :l....
'-
- <<1 "'0
(]) 1::
"'0 C
~ <<1
0 en (])
-
en en :l....
'- ~ ~
enO -
>..- 0
- > ~
<<1 :l.... :l....
'Q) -
ffi c.. en
"'OE Q)
-
C .- <<1 en
- :l.... "'0
<<1 0 >. (])
..c:: _ _. Q)
. O'C .-
- c;:.
. :l...."(]) .-
\ \ '. . -.:
"'<<1 E ~ C
'1
'~ Q) (]) 0
.-
- -
(]J :l.... ..c ,0
:l.... ~ .- ~
"'0 en en
en :l....
Q) m -
0 en
"~ E c.. C
> "'0 0
'0 - (J
.- Q)
:l.... C - -
c..~ <<1 <<1
>. 0 E -"
'a'
"'0 .- .- "
en - <<1'
~ en
- <<1 W (Jo,
CJ) ..c ..
\ l
0 0 0
>-..,
-~1
D"
.L;
.,:)
,~
-~1
~,
I'l
-~1
~
.<])
~j)
<])
'-,
'LL,
'-,
<])
-~1
:-.
I"
:;::-,
.;-.
~
....,
.....,
'-,
,:)
-~1
l'/)
~
<])
",
-.,
,:)
L;
~
III
,:)
"""-1
CL,
n_..,
Cl
,
..
~
C)
o
-
o
"'0 .-.
0::)
.c:a:
l)w
:!::;:'
.-
C C
0::)
-
CO
.-
...
CO
C;
.- C
E CD
'-"'0
CD .-
... en
CD CD
Co:
......
.- C
C CD
::)-
C)~
C..::;
.-. ...
-
=0-
mw
, .
... <:.
.' .
~. >., /'f, ,
". .;'.
"I'~':' "1 ...j
Q . , !
,': :
N..... N.-
N..... -
-
- 0
0 0 ~
L{) I'--
""'"~ ""'" ~
T"""
T"""
m
Q)
~
<(
Q)
CJ)
:::J
o
I
.'~'
- -
-
.-
C
:::)
OJ
C
--
-
-
--
,10
"C
CI)
"C
C
CI)
',' E
E
o
(,)
C1)
oc
.,
..
:1,
; !
CI)
::::J
C
CI)
>
CI)
a:
-
as
::::J
c
c
<C
:i5
LLN
en,..:
00
N II
0)
"':J
T-
II a:
W
.:) 0
a:O
w -
. T-
"..i . fit
-
CO
.....
o
I-
~
.0
,~
..~1
'~l
-~,
..:....,
":--. "j
,~])
~';)
J)
:L,
i:\..,
:L,
.,1)
-~,
~
\"
~
=
~
c..,
c..,
:L,
o
-~,
l";:')
~
J)
v'
-.,
C)
~
c..,
w
o
v,
LL,
,'-,
Cl
:>-.
-~,
is
()
.-
(/)
cu
..0
0)
-:5-0
- 0)
o.~
(/) (/)
0) cu
0) C. Q)
2E E
-0 :J-
~ E ~
.- C +-'
-; 0 ~
>. >. c
cu cu o'
a. a.
.-0
O)(/). 0)(/)'.'.\,(/)0)'"
~i-\.
.- t:: \ro ,."
1:: 0).0 CJj
8..' a. u.:: ()
.' e: e 00 {g
a. 0.0 :J
_ . (ij C\I (/)
~, 'U'~ ~
c ~~...J
0) 0
~ E 15's;
.- ~
(/) E:J 0)
Q) 00: a.
o:owE
.-
....
.-
c::
:)
C)
c:
.-
-
-
.-.
In
CJ
. ....
tn
m
m
::J
0:'
w
o
o
i.
;.
j'
0)
.c
+-'
.c
+-'
C
o
E
(/)
0)
E
.-
~
0)
a.
o
I'-
.
C\I
C\I
tfl-
(/)
.-
0)
0)
-
0)
.c
+-'
+-'
I'-
.
C\I
C\I
(/)
.-
Q)
()
cu
't:
:J
(/)
(/)
::J
o
.-
C :J
Q) .' /0:
c::. LL- '.
E'OO w.,
.- 0 0
0) C\I 0
~ 0) .
~~ ~
- -
~ 0 .0
.. +-' 0)
0) .-
- c 1ti
0.::J ~
E () I, '"
CO -- 011. \U
>< ~ \"0
W ..0 \LJ..
i!"
o
..
o
,~
C)
~~ i
W '
-~ 1
L,
.1)
IIi)
J)
'L.,
il,
:L.,
;])
.~,
'""
\"
:::::-.
-='"'
~
.....,
......,
:L.,
C)
.~,
(i1
ll)
,.,
-..,
C)
c::;
i;\,
C)
l'L;
n....,
~
:>,
-~,
G
.~ .
2:
C\J
. -
T""" .-
ffl E
>'LO
CDffl
.....
co 0
E .....
._ ('I')
>< ffl
e t::
0. 0
0. 0.
CO 0.
CI) ~
-0 CI)
CD C
.- co-
>. U
..c CI)
.....
c CD
O~>
E'CD
. <v 0>
a.';:
=> (ij
a:t)
w'
e
e
~~,:
,.~~~:
, <('
.:_~ -~' ,
", "0'
-. _.. .~j
y=='
@
=
@,
~
@
~
[1&!J
T"""
ffl
/\
CD
~
c
CD
>
CD
'10....
co
:!:::
0.
CO
U
s:
CD
c
c
.-
c
o
.-
c
..... CI)
C.....
~ ~
'10.....-
~ 0
OQ.
/~
moo
co-
..oCJ
co-o
..... c
~co
- u)
.!Bc
~ .0
um
CD '10....
> CD
'._ 0.
Ciio
'::;-0
CI) C
C co
.- CD
E u
-Oc
co co
- C
0> CD
c.....
. :.=,.';,c
\\" == ;~'-
f - \'"
".\..0 E =
',1,'10.... ',':>
'L,.o - :>
- Cf) CI)
t:: - .....
oCJ u
CD
0. - '--'
0...... 0
~ C '10....
CI) CD 0.
>.E 0> co
:: &.c :!:::
.....coo.o.
~ co.
C 0. U i.
ococo-'
zEE<(.\
/;\
,.....
.-
CJ
>-
<(
a..
--
-0
CD
-0
C
~
-
..c
CI)
co
u
CD
.;0 .
A
CD
...
ca
~
o
-
....
...
ca
Il>
>
o
';:
ca
I:
Il>
U
en
~
I:
o
'. i\i
'I .....
, .-
-, Q.
ca
o
E
OJ
to
~
.8
C\J
C')
~
Il>
OJ
I:
ca
a:
Il>
~
I:
~
'Il>
a:
::::)
a:
UJ
ca
~
I:
I:
<(
'tJ
!
ca
E
:;::
Ul
UJ,
c:
.0
o
to
-.:i
~
o
-.
o
,....
N'
Y3-
.;:;
'0
,~
'~1
."""
.\\.1
.~,
'......
.L,
'J)
.~ j)
J)
"L,
Ll,
"L,
J)
~~,
~
\"
:>.
;-,
;:::
......
"L,
o
-~,
til
::::)
a:
.UJ
.,;,
Il>
Q.
Il>
OJ
...
ca
J:
o
~
J:
-
I:
o
2
~
.1)
'..1
-..,
o
;:;
~
\"
o
~~
LL,
'.......
~
::::....,
.~1
,......
D
-
o
Il>
OJ
I:
ca
a:
.-
,I z;
:1 <(i
1.-----.- ~ l
,un I
i
I
!
J
,
1
;
/
I
I
I
..
i
;
,.
'.
~
~
@
c= .
~
~
g
0)
c:
.-
E
E
"'C ~
~ e
0) oS 0.
c: U ....
10 '2: 2
.... Q) ~
_ C/) en :>
~ 0: .... E
~ () Q) ....
u E 0
enm .9 Ci5
c: ~ en ....
~ 0 a .E
~ 0 "'C ~
'm ..... c: ~
.0. en. ~ "'C
o Q) \i. 0)
-0\ 2'<) 'c: ~
~,,\ 5 .:: (!J
l.' en ~ 0)'
Q) Q) .... c:
u .... 0 :;::;
c: - ~
~ ~ t:: "'C
c: a. 0 0.
Q) LL. 0. ::J
...... 0.
;c: '"'C ::J ....
~ Q) en .E
E ~ c: t::
a. ~ ~ 'E ~
() ~ Q) "'C 0.
,>\,:\~~~
" A A
-
o
.~
CIS
C
Gl
U
en
--
Gl
>
'0
." r::
Gl
.c
" Gl
, I-
,a.
'E
o
[0
CD
I-
CIS
~
o
-
.....
I-
CIS
~
c
.0
E
t--
(0
fF7
o
.-
.;t.
fF7
Gl
en
I:
CIS
a:
Gl
::1
I:
Gl
>
Gl
a:
;:)
a:
w
-
CIS
::1
C
ci
'0
Gl
-
CIS
E.
.;:;"
en,
w
,
o
.....
LO
fF7
o
.-
o
C')
et:i
fF7
~
.'-,
Ll
,~
-~,
W
.~.1
~
'-,
.1)
.:.j1
J)
"L,
i:1..,
"L,
<])
-~,
~,
,,,
:>.
,;:-,
:)
a:
w
~
~
'-,
"L,
Ll
-~,
L"i')
Z11
v'
-,
Ll
~
.'-,
-,
,,,
Ll
~~
Ll,
I-
Gl
a.
Gl
en
I-
CIS
J:
o
~
.c
-
I:
o
:E
,'-,
C1
:::...,
-~,
,,-<
i:...'l
-
o
Gl
en
I:
CIS
a:
00
"""'"'
t:
"-
m
b
. .....
:>
s::
."""'"
en
(1)
....
.p!I
.1l!I:lll
""""'"
".....
'*'"
d
lb,
(U
..,
CO
~
e
b
Q)
<::=J
00
<::::=J
~
@
&::,
: &::,
d
g
L_
C
~
'E
....
=
*
>
...'"
. 0 'll
_N-;a
.!!lit:: OIl
"'0"
Co '"
OIl 0 .,
:EN::o
., 0
lU .......-
a::N~
,""OIl
C",! 1:1.
00 E
z*._
o
III
'"
.!II-
...
OIl
.,
.'"
..c
D.
~
....g
00
~'t:
._ 0
uz
C
.~
'E
....
o
..-t
*
...
o
II:!
i
01'"
Ul ~
N",
N.,
.. ::0
OIl 0
1:1.'-
M ~
"'!!.
IIlE
*.-
, .
:\
. ,
:.'j
, .
, 1
ril'
....L~
III
*
...
IX
'"
.c-.
D.
'"
'2
.~
._ 0(
>>
... '
o.c
u
~'"
._ OIl
UlIIl
C
~
'E
Ul
N
*
...
o
II:!
i
""m
""..
co'"
..t.,
.. ::0
OIl 0
1:1.'-
o~
o OIl
.1:1.
IIlE
*.-
'j'
'i."
o
o
iii
*
...
IX
'"
.c
D.
.s:
...
::0
o
E
~
o
D.
'S
>
~c(
U>
C
~
'E
01
.t
~
...
o
II:!
g-
.,
""",
""~
.f\ca
.-t.,
.. ::0
OIl 0
1:1.'-
o ~
.-tOIl
.1:1.
ME
*.-
o
.-t
M
*
...
IX
'"
.c
D.
~
o
1:1.
== '
OIl ...
z~.2l
... .0
0" r:::
~==ClI
u~~
C
~
'E
III
,.j
*
...
o
II:!
cr
.,
01'"
N ~
.... '"
N.,
.. ::0
OIl 0
1:1.'-
o~
III OIl
.1:1.
NE
*.-
o
III
,.j
*
...
IX
'"
.c
D.
-.c
'0
'5.
..E,.
.",.
:r
""
0;
~'.'
._ 0(
U>
C
~
'E
N
.t
*
...
o
II:!
i
N'"
.-tOIl
.-t"
, '"
N .,
.. ::0
OIl 0
1:1.'-
1Il~
III OIl
.1:1.
NE
*.-
III
III
N
*
...
OIl
.,
'"
.c
'D.
tV
-.00:
'"
OIl
1:1.
'"
.,
OIl
.c
U
...
o
~
._ 0(
U>
C
~
'E
M
iii
*
...
o
II:!
cr
.,
0'"
o~
0",
..t.,
.. ::0
OIl 0
1:1.'-
.... ~
CO OIl
.1:1.
OE
*.-
~
.'-,
C\
"~
-~,
'-0
\'1
.-~1
0:::
J)
1'7)
J)
'-,
i:L,
'-,
J)
~'-1
'-0
\'1
:>-,
,;-,
~
'-,
.'-,
'-,
C\
-~,
L"il
r'i
.2l
o.
M r:::
": ClI
~IJ/
~
,1)
'-..1
-"
C\
~
'-0
-,
,'1
C\
L'L;
...
OIl
.,
'"
.c
D.
'......
C'l
>-,
-~,
,~
(~
E
'"
:=0(
._>
~t
UC
C ::0
. 'i: 0
D.U
,
- i
~
0
~
C> ~
0>
0 0> .....
ctS
..... C>
0> S
ctS
::J C ~
E ."-,
c .- C)
.- ctS ~ ,~
..... ~ "~,
c 0 ~,
'0 .~\.l
.~'-,
0 ..... ~
() C> CJ) <I)
C '0 :~ il
- <I)
- .-
.- >. 0> :L,
S ctS > LL,
en () 0 :L,
<I)
'0 0> ~ "~,
a. ~,
c '0 \"
E ::::-.,
ctS ..... ~
E 0 - ;:::
~ '-,
..... :L,
0> .C 0 u
'0' I - "~,
" 0> 'I. ~ I , <"i~
, ,
.' t. I.... en:,.'
..... \E .-
W; 0> ~
.() <I)
'0> ...... ." ~ , "
@) 0> ctS' -~
'--' () u
9>> 0 '0 ~
ctS .'-,
~ ~
~ - C \"
a. a. ctS u
@) ~~
0> 0> ~ . LL,
= ctS ~ ...~
= ..... ~ U
@ .- '0 ::J >.
, a.. ::::--.,
~ C ..... ~
ctS () -~,
0 ,'-,
(0) () ctS ::J ..... L.")
~ ~ ctS ~
- .- ..... - ..... ,
@> 0 ctS en ::J .-.
-';
6 ..... a. ctS C> ctS\
d en 0> ~ 0> . ;
- ::J. i,
.- cr: c a"
<:==9 -J a: ' ..
d .- :l
;'
I!:J1, 0 0 0
,
,
..u_
! .
,
,
, .
1
,
,
;
,....
UJ
~
o
z
<(
o
c:::
c:
o
--
tn
tn
.:J"
"~" i~:.. . . '.'
~ '.,.
.tJJ .,.
--
C
L
i,
,
\' \,
',. .
r :.
,
"
d1~"
~
~~
CITY OF ROANOKE
OFFICE 01<' THE CITY CLERK
115 Church Annne. S. W.. Roornot56
Roanoke, Virginia lotO 11-1536
Tl'Il'phone: 1~.JOI R~J-25~1
Fax: (540' 85.\.114:;
E-mail: dl'rkli!'rnllnokt'\'a.~o\'
SHF.IL\ N. HARTMAl>
AssislllDl City C1t'rk
STEPHANIE M. WIO:O;, eMC
Cit,y c.."h:rk
March 14,2007
File #514
James F. Douthat, Attorney
Woods Rogers PLC
P. O. Box 14125
Roanoke, Virginia 24038-4125
Dear Mr. Douthat:
A petition for review of the decision of the Zoning Administrator filed by
Faison-Southern Lane, LLC, for authorization to comply with the Concept
Landscape Plan as it pertains to Tract B in connection with the
development of the site location on Franklin Road, S. W., for a Home Depot
retail facility, was before the Council of the City of Roanoke at its regular
meeting held on Monday, March 5, 2007. Your request to withdraw the
petition was concurred in by the Council.
Furthermore, subject to the filing of an amendment and substitution of
Proffered Condition No. 10 binding upon a certain tract of land identified
as Official Tax No. 5480704, the Council and the City Planning Commission
will hold a joint public hearing on Monday, April 2, 2007, at 2:00 p.m., or as
soon thereafter as the matter may be heard, to consider an amendment to
the proffered conditions.
Sincerely,
~~.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
James F. Douthat
March 14, 2007
Page 2
pc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
R. Brian Townsend, Acting Assistant City Manager for Community
Development
Chris Chittum, Planning Administrator
Nancy C. Snodgrass, CZA, Zoning Administrator
~~
~-
ROANOKE
PLANNING BUILDING AND DEVELOPMENT
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 166
Roanoke, Virginia 24011
540.853.1730 fax 540.853.1230
plan n ing@ci.roaneke.va.us
March 5, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Jr., Vice-Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Council Member
Honorable Sherman Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris andMembers of City Council:
Subject:
Faison-Southern Lane, LLC
Appeal of Determination of Zoning Administrator in
Enforcement of Proffered Condition in Conditional Rezoning
of tracts of land located on Franklin Road, Southern Lane,
Southern Hills Drive and Griffin Road, SW., identified as Tax
Map Numbers 5470115,5470113,5470114,5470112,
5470111,5470108,5470109,5470110, 5480701,and
5480704 (as pertains to Tract B)
Background:
On August 15, 2005, the City Council accepted and approved certain conditions
proffered by the petitioner in an amendment of proffered conditions on the
subject properties (enacted by Ordinance No. 37159-081501).
On June 15, 2006, the Home Depot-South Roanoke Comprehensive
Development Plan was approved administratively by City staff after review for
compliance with the proffered conditions, the zoning ordinance, and other
applicable City codes. The landscape and grading plan elements of the
approved comprehensive development plan clearly, and to scale, delineated an
"Area to Remain Undisturbed/Forested" in compliance with a proffered condition.
On January 22,2007, a request for approval of certain revisions to the approved
Home Depot-South Roanoke Comprehensive Development Plan was submitted
to the Department of Planning Building and Economic Development. The
submitted revisions included a grading plan for Tract B, location of a retaining
wall on Tract B, expansion of the Tract B development site, and a delineation of a
temporary road through Tract B.
,-
On February 21,2007, in a meeting with planning and building staff, the project's
civil engineer, and representatives of Faison and Southern Lane Group, the
Zoning Administrator determined that the location of the temporary road, as
submitted, did not comply with the proffered condition of the "area to remain
undisturbed/forested", but determined that a location along the edge of the
proffered undisturbed/forested area on the northern part of Tract B, generally
running along the right-of-way of old Griffin Road, would be deemed substantial
conformity with the proffeL
On February 22, 2007, the Zoning Administrator determined that the
encroachment into the proffered "Area to Remain Undisturbed/Forested" by the
revised expansion of the development site of Tract B, the construction of the
retaining wall, and the proposed grading behind the wall on Tract B was not in
substantial conformity with the proffered condition and could not be approved.
The civil engineer who submitted the revisions for review was notified by letter of
the Zoning Administrator's determination (Attachment A).
On February 25,2007, Faison-Southern Lane, LLC, filed an appeal of the Zoning
Administrator's interpretation of the proffered condition regarding the "Area to
Remain Undisturbed/Forested."
Considerations:
In addition to the considerations set forth in the Zoning Administrator's letter of
determination (Attachment A), following are additional factors in the Zoning
Administrator's interpretation of the proffered condition in response to certain
specific points outlined in the petition for review submitted by Faison-Southern
Land, L.L.C.:
. Paragraphs 5 and 10: The reference in the staff report to the Planning
Commission regarding the development of Tracts Band C was a
statement of support for allowing their development to be regulated by the
development standards of the zoning ordinance in effect at the time of
development. Proffered conditions survive comprehensive re-zonings,
and when proffered conditions and zoning regulations conflict, the
proffered conditions govern. "Details of site development" referred to the
development site outside of the "Area to Remain Undisturbed/Forested"
on the northern portion of Tract B as delineated and labeled on the
proffered landscape plan.
. Paragraphs 7 and 10: The "Area to Remain Undisturbed/Forested" is
delineated on a drawn to scale proffered landscape plan (proffered plan
clearly delineates a scale of 1" = 30'). The "scalloped edges" on the plan
are not indicative of uncertain boundaries but are the accepted graphic
symbol for an existing tree line. Furthermore, the interpretation of the
2
,-
Zoning Administrator clearly indicates a willingness to discuss substantial
conformity around the "edges" of the delineated area, but not a 50%
encroachment into the area. The "Concept Landscape Plan" is not a
"concept" but a proffered landscape plan per proffer #1 0 of the petition to
amend proffered conditions.
. Paragraphs 8 and 12: In the aforementioned meeting of February 21,
2007, the Zoning Administrator determined that a temporary road location
along the northern edge of the "Area to Remain Undisturbed/Forested"
and generally along the right-of-way of Griffin Road would be deemed
substantial conformity with the proffered landscape plan. A field check by
City staff following the meeting determined that fewer trees would be lost
along the northern edge route than the submitted route through the
middle of the "Area to Remain Undisturbed/Forested."
. Paragraph 9: A transcript of the tapes of the Planning Commission public
hearing on July 21, 2005, provides the following statements related to
Tract B and the "Area to Remain Undisturbed/Forested":
o Mr. Douthat: When we come to Griffin Road, its going to come
around. Here's the intersection. Griffin Road is going to come
around like this. You'll notice on the aerial photograph we have
natural trees at that point right now. We intend to leave the natural
trees that are shown on tract 1.78 acre tract. So we'll have--this
will be natural trees. We may have to cut around the bottom on
our grading or what not and we will have street trees there. The
street trees will begin to go all' the way up from approximately this
point.
o Mr. Douthat: Before we go to the building, let me touch on tract
"C", and tract "B". We do not show anything built on tract "C" and
tract "B" because what's going to happen is we have limited our
proffered conditions that I'm going to run through in a moment, we
have limited what can be built on this entire tract. When these two
tracts are built, they will come under the new ordinance, we
assume. It will be limited in what can go on there and will come
under the ordinance, height, setbacks, such as that. So, and also
it will be limited because this remaining undisturbed landscape or
forest area is a part of our landscape plan.
o Mr. Douthat: That brings up another issue. Home Depot is leasing
a site. Faison-Southern Lane owns this and is leasing this.
They're gonna maintain ownership of this, subJect to the
(inaudible). No, but I can proffer on tract Band C, again on tract B,
we are only talking about a small area down here, because of
3
,
topography and because of the fact that this is going to remain
forested.
. Paragraph 11: Encroachment into 50% of the "Area to Remain
Undisturbed/Forested" is not "slightly modified." Changes impacting a
smaller portion of the proffered area and impacting it along the edges
could be considered "slightly modified." Furthermore, it is the
determination of the Zoning Administrator that "reforestation" of such
portion of the proffered area would require an amendment of the proffered
condition, through the process of public notice and public hearing before
the Planning Commission and the City Council.
. Paragraph 13: The grading of Tract B could be administratively
approved, provided such grading does not encroach into the proffered
"Area to Remain Undisturbed/Forested."
. Paragraph 14: If the petitioner has decided to expand the development
site of Tract B as proffered and has discovered that the proffered "Area to
Remain Undisturbed/Forested" creates a need for a high, unsightly
retaining wall, the appropriate channel is to apply to amend the proffered
condition.
Recommendation:
In light of the above-noted findings and conclusions, it is recommended that the
City Council uphold the determination of the Zoning Administrator in the
interpretation of and application of the proffered condition of the "Area to Remain
U nd istu rbed/Forested."
Sincerely,
~~e,~
Nancy C. Snodgrass, CZA
Zoning Administrator
Attachments
cc: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
R. Brian Townsend, Acting Assistant City Manager
Petitioner: Faison-Southern Lane, LLC
4
ATTACHMENT A
~.
ROANOKE
PLANNING BUILDING AND DEVELOPMENT
Noel C. Taylor Municipal Building
215 Church Avenue, SW. Room 166
Roanoke, Virginia 24011
540.853.1730 fax 540.853.1230
plan ning@ci.roanoke.va.us
February 22, 2007
Mr. Wm. Thomas Austin, P.E.
Mattern & Craig
701 First Street, S.W.
Roanoke. VA 24016
Dear Mr, Austin:
RE: Request for approval of revisions to the approved Home
Depot - South Roanoke Comprehensive Development Plan
(Tax Map No. 5480704, et al)
My review of the revisions to the approved Home Depot - South
Roanoke Comprehensive Development Plan, submitted to our office for
review, concluded with the following findings:
(1) The property in question is subject to certain conditions proffered
by the petitioner and accepted by the City Council on August 15,
2005 (Ordinance No. 371 59-081501). Proffer #1 0 conditions the
property's development to a landscape plan labeled Exhibit D
(proffered condition #10 and proffered landscape plan attached as
Attachments 1 and 2 respectively).
(2) The revisions submitted to our office for review include the
disturbance of an area which is delineated on the proffered
landscape plan as "Area To Remain Undisturbed/Forested" (copy of
proposed revision attached as Attachment 3). These disturbance
activities include grading, construction of a Portion of a retaining
wall, and expansion of the development site of Tract B.
(3) The proffered landscape plan clearly delineates an "Area to Remain
Undisturbed/Forested," both by a delineation of boundary and
label.
,>
Wm. Thomas Austin
February 22, 2007
Page 2 of 3
(4) The phrase "to remain" is commonly defined as "to continue
without change of condition, quality, or place", "to persist or
endure." (Webster's)
(5) The term "disturb" is commonly defined as "to trouble or destroy",
"to interfere with", "to intrude on." (Webster's)
(6) The proposed grading, construction of a portion of a retaining wall,
and expanded development site of Tract B incorporates
approximately 50 percent of the area designated on the proffered
site plan as "Area to Remain Undisturbed/Forested" (see
Attachment 4 which shows the relationship between the proposed
revisions for grading, construction, and development activities and
the boundaries of the proffered "Area to Remain Undisturbed/
Forested").
(7) Pursuant to See. 36.2-541 (e)(3) of the Code of the City of Roanoke
(J 979), as amended, once conditions are proffered and accepted by
the City Council, any development plan submitted for the
development of the property in question shall be in conformance
with all proffered conditions, and no development shall be
approved by any City official in the absence of such conformance.
(8) Pursuant to See. 36.2-541 (g)(1) of the City Code, the Zoning
Administrator is vested with the authority on behalf of the City
Council to administer and enforce conditions as may be attached to
an amendment of the Official Zoning Map.
(9) Pursuant to See. 36.2-541 (h) of the City Code, once proffered and
accepted by the City Council, conditions created pursuant to a
conditional rezoning remain in full force and effect until a
subsequent amendment changes such conditions, Such application
for a change in proffered conditions can be made only by the
property owner, contract purchaser with the owner's consent, or
the owner's agent, pursuant to the procedures for a conditional
rezoning, including public notice and hearing before the Planning
Commission and City Council.
In consideration of the proffered conditions in effect on this
property, I am unable to approve the revision to the Comprehensive
Development Plan which disturbs the area labeled on the proffered
landscape plan as "Area to Remain Undisturbed/Forested." Given the
land-disturbing activities proposed in this area, which include grading,
"
Wm. Thomas Austin
February 22, 2007
Page 3 of 3
construction of a retaining wall, and development for Tract B, as well as
the extent of the encroachment into the proffered "Area to Remain
Undisturbed/Forested," I find that the revision fails to comply with the
proffered condition. The revision meets neither the literal delineation of
the "undisturbed area" nor the intent of the proffered "area to remain
undisturbed/forested." In order to comply with the proffered condition,
this area must remain substantially undisturbed by grading, clearing, or
construction.
If you are aggrieved by my determination, you may petition the City
Council for review of my decision. Pursuant to See. 36.2-541 (g)(2) of the
City Code, any such petition for review must be filed with the Zoning
Administrator and the City Clerk within 30 calendar days from the date of
this letter and such petition shall specify the grounds upon which you are
aggrieved.
Sincerely,
~(!.~
Nancy C. Snodgrass, CZA
Zoning Administrator
c: William Hackworth, City Attorney
Brian Townsend, Acting Assistant City Manager
Chris Chittum, Planning Administrator
Steve Talevi, Assistant City Attorney
ATTACHMENT 1
.~..
9. Signage provided by the petitioner and approved by the City of Roanoke, and
'identifying the Southern Hills Neighborhood shall be placed on the side of Griffin Road near its
intersection with Roy Drive.
10. Landscaping shaJI be as shown on the Concept Landscape Plan, The Home Depot,
Franklin Road and Valley Avenue, City of Roanoke, Virginia, dated July 8, 2005, prepared by
Mattern & Craig, a copy of which is attached hereto as Exhibit D, subject to any changes
required by the City as part of Comprehensive Development Plan review.
II. The following C-2 uses as designated in the Code of the City of Roanoke shall be
permitted on the subject properties:
36.1-206(1) Dwellings located above ground floor
nonresidential uses.
36.1-206 (3) Trade, business and art schools of a nonindustrial
nature.
36.1-206 (8) Libraries, musewns, art galleries and art studios and
other similar uses including associated educational and
instructional activities.
36.1-206 (16) Post offices.
36.1-206 (17) Indoor recreational uses including bowling alleys,
indoor tennis courts, squash courts, fitness centers and other
similar uses.
36,1-206 (18) Theaters with unlimited seating capacity,
36,1-206 (20) Outdoor recreational facilities including swimming
clubs, tennis courts, athletic facilities and other similar uses.
36.1-206 (23) General and professional offices including financial
institutions.
(Ml932227.1,093230-00041'()1) 7
ATTACHMENT 2
I .
I
: ;rl,~1
'{ :, ,
1111 C
I IB
, I IS
" ,,!,'
I ;
fi: i I
Ii, ,',
tH"
I, I
. I
.. I
\" J \) \\\ <,",,":_
'/ //:.,. . .' .'
~ \, ~~,---v\: '\ I.. \\\. <:;>...~:.-~.,.\, /\
--.L .:::::_J "--.~..) '1~"'~' \.)..... \
------ .,=:.... .." " , /
-----~ ../., v/
" (-
. .
I I \ . .....---.
5 ..'._ \
a~
//11
.111,.1".'.1.' II
/
, i
\\\a~
t\llf/l
t\\
- - .
1)--0 "';"\'
. - --- ,.",,\;:Ui\l~~t4" ..,\ti ~.::~
. - ----t- , . . \ \ , I . . \ ' ; . i,..l-J ._-\
- -a- , ': ~ ~ I' ., \ \ \" ,:_~.I-" .__,
,\'ii;'" ._ \rf.l.i...;....a-- _\_ ._.~
" .. r,
. t' ~I' _ _.- , _ -r1-('..-
"'\\\11 -- -- '--: \L ~~il"
~: . t,'. ;. _'~~~~'--~~J---,J, if',. II T-, fl' f 5
'1 ' I ~ 'i' ~'/ - - \ ... - I J Ii '1 Ii
I ,\t, ., - - i ~" I. I i
1,1,;,'" d:i"'L--- 'p,!! i .,1
I j'" I,d ,-
:1 ; I. I . EXHIBIT
IBm=~..... I....~i r . iJ
I
'. .ATTACHMENT 3-'
/
//
/
/
I
'.//
//
~TTACllMENT 4
t ,i'
"
I
,.
/
,/
.k
...
,'"
~'
. /~,rdl
/.
/ ,60~~~ of'
:l>"",-m.....c
"B......... ~ Pe..w
l.Lr)d.i akrbe.l/'"
/ fi> (l9~~"
'YI""P"~".~
r::;.p.u1~""""
of'T~ 'B
de 'Ie I..-.....r
'$i+e'.. '
~~
...r \'"e."fzUni.....
c.o4.L.Q ..J
/
'P~DfO e.1!'.t
~Y'<l;{(o-
/-
"')
fj)
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853.2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
SHEILA N. HARTMAN
Assistant City Clerk
STEPHANIE M. MOON, CMC
City Clerk
February 26, 2007
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Harris and Members of Council:
Based on the decision of the Zoning Administrator to deny the revisions to
the approved Home Depot - South Roanoke Comprehensive Development
Plan, I am enclosing copy of a Petition for Review of Decision of the Zoning
Administrator filed by James F. Douthat, Attorney, representing Faison-
Southern Lane, LLC, requesting authorization to comply with the Concept
Landscape Plan as it pertains to Tract B, in connection with development of
the site location for a Home Depot Retail facility.
Section 36.2-s41(g)(2), Code of the City of Roanoke (1979), as amended,
provides that any zoning applicant or any other person who is aggrieved by a
decision of the Zoning Administrator made pursuant to the provision of
subsection (1), may petition the City Council for review of the decision of the
Zoning Administrator. All petitions for review shall be filed with the Zoning
Administrator and the City Clerk within 30 calendars from the date of the
decision for which review is sought and shall specify the grounds upon which
the petitioner is aggrieved.
The request has been included on the March 5 agenda for action by the
Council.
Sincerely,
~m.~hv
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
L:\CLERK\DA T A \CKEWl \Appeal to Zoning\Southem Lane Group.doc
~
The Honorable Mayor and Members
of the Roanoke City Council
February 26, 2007
Page 2
pc: James F. Douthat, Attorney, Woods Rogers PLC, P. O. Box 14125
Roanoke, Virginia 24038-4125
Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Steven J. Talevi, Assistant City Attorney
R. Brian Townsend, Acting Assistant City Manager for Community
Development
Chris Chittum, Planning Administrator
Nancy C. Snodgrass, CZA, Zoning Administrator
L:\CLERK\DA T A \CKEW 1 \Appeal to Zoning\Southern Lane Group.doc
/.'
,
IN THE COUNCIL FOR THE THE CITY OF ROANOKE, VIRGINIA
INRE:
PETITION FOR REVIEW OF DECISION OF THE ZONING ADMINISTRATOR
PURSUANT TO SECTION 36.2-541(g)(2) OF THE CODE OF
THE CITY OF ROANOKE
"
ENFORCE~ENT OF PROFFERED CONDITION IN CONDITIONAL REZONING
\
TO THE HONORABLE MEMBERS OF THE
COUNCIL OF THE CITY OF
ROANOKE, VIRGINIA:
1. By Ordinance No. 37159-081505 dated August 15,2005, proffered conditions
binding upon certain tracts ofland located on Franklin Road, Southern Lane, Southern Hills
Drive and Griffin Road, S.W., Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979),
as amended, and Sheet Nos. 547 and 548 of the sectional 1976 Zoning Map, City of Roanoke,
were amended to reflect that 15 parcels ofland were zoned C-2, General Commercial District
GCD, with proffers as set forth in a Third Amended Petition to Amend Proffers filed in the City
Clerk's Office July 29,2005 (the "Property") in order that the Property could be combined as a
site for a retail out parcel development at the request ofthe Petitioner, Faison-Southern Lane,
LLC and Petitioner Save-X 2 LLC.
2. The purpose of the amendment of the proffered conditions was to allow Faison-
Southern Lane LLC to develop the Property as the site of a Home Depot retail facility and two
other retail establishments in a manner that reflected representations made to the community, the
planning staff, the Planning Commission and City Council and in a manner that would result in a
development that would be in the best interest of all interested parties.
3. Proffered Condition No. 10, in the Third Amended Petition to Amend Proffers
filed by the Petitioners which were approved and adopted as part of Ordinance No. 37159-081505
provides:
Landscaping shall be as shown on the Concept Landscape Plan,
The Home Depot, Franklin Road and V alley Avenue, City of
Roanoke, Virginia, dated July 8, 2005, prepared by Mattern &
Craig, a copy of which is attached hereto as Exhibit D, subject to
any changes required by the City as part of Comprehensive
Development Plan review (a copy of the Exhibit D is an
attachment to Exhibit I attached hereto) (the "Concept Landscape
Plan").
4. Faison-Southern Lane has proceeded expeditiously to develop the Property and
{#1011769-I, 093230-OO041-01}
..
\
,
has completed the storm sewer through the Property, located sanitary sewer and water in the
property available for hook up and anticipates a portion ofthe road system and the Home Depot '\
retail facility will be open for public use prior to May 15, 2007. Final utility function and road
dedication to serve the adjacent residential community are planned to be completed and available
for use on or before May 15, 2007.
5. The July 1, 2005, Staff Report to the Chairman and the members ofthe Planning
Commission in preparation for the public hearing before the Planning Commission states that:
"Development of two other sites (Tracts Band C) is undefined in
the petition. The Petitioner indicates that the intent is for future
development to take place subject to the land uses proffered in the
petition, but details of site development to occur under the
regulations in place at the time of development. Staff supports this.
approach as it would ensure that site development occurs in a
manner more consistent with Vision 2001-2020."
6, The Concept Landscape Plan indicates, in part, that Tract B contains 1.78 acres, is
on the northerly comer ofthe Property and that a part of Tract B is designated as "Area to remain
undisturbed/forested" .
7. The "Area to remain undisturbed/forested," shown on the Concept Landscape
Plan is located in the northerly comer of the Property with its southerly and westerly boundaries
indicated by scalloped edges generally following the proposed rights-of-way of new Griffin Road
and Roy Road extended to new Griffin Road. This area is not identified by meets and bounds
description nor is its size designated.
8, In order to construct the road complex to serve in the Property and the Southern
Hills community it is necessary, and was so represented to the Planning commission, that Griffin
Road be built in two phases if the residents of Roy Drive are to have uninterrupted access to their
property. In the first phase, which is occurring at this time, Griffin Road would be constructed to
a point approximately adjacent to the lettering in the Concept Landscape Plan "Area to remain
undisturbed/forested" and then a temporary access will be constructed from Roy Drive to the
newly constructed Griffin Road. At that time the existing Griffin Road from Southern Hills Drive
to Roy Drive will be removed and the second phase of new Griffin Road constructed to connect
Griffin Road to Southern Hills Drive and, thereafter, to the new location of Roy Drive. The
topography of the Property and the necessity to maintain uninterrupted access to Roy Drive and
Southern Hills Drive requires the two stage development of Griffin Road and the temporary
access from Roy Drive to Griffin Road through the area designated as "Area to remain
undisturbed/forested" on Tract B in the Concept Landscape Plan, as was detailed in meetings with
the Southern Hills neighborhood and the planning department.
9. It was, and continues to be, the understanding of Faison-Southern Lane that the
portion of Tract B generally bounded by the adjacent property, newly constructed Roy Road and
(#101 1769-1. 093230-D004I-01}
2
i\
the street trees along a portion ofthe newly constructed Griffin Road would be forested, whether
as a result ofleaving the existing pines and/or by replanting indigenous trees. This understanding
was expressly stated in neighborhood meetings, in meetings with the planning staff and in the
Planning Commission hearing.
10. Faison-Southern Lane b.ased its plans for the development of the Property on its
understanding that the "details of site development. . . (for Tract B would) '" occur under the
regulations in place at the time of development." In other words, the final configuration of that
portion of Tract Bthat would be developed for commercial use and that portion of Tract B to
remain undisturbed and be forested would be determined under the zoning ordinance in place at
the time the parcel was developed, and that ordinance would specifically govern what vegetation
would be required in the area. The edge ofthe undisturbed/forested area was shown as scalloped
on the Concept Landscape Plan because the exact boundaries of that area had not been
determined and therefore could not and were not set forth specifically in the Concept Landscape
Plan as were the remaining landscaping requirements for the Property, which were covered in
detail.
11. In September 2006 representatives of Faison-Southern Lane met with planning
staffto discuss the configuration of Tract B. The final plans for the proposed development and
the proposed undisturbed/forested area of Tract B were discussed and were assumed to be
generally as shown on the attachments to the February 22,2007, letter from the Zoning
Administrator to Wm. Thomas Austin, a copy of which is attached hereto as Exhibit 1. At that
time it was the understanding of the representatives of Faison-Southern Lane that proffered
condition no. 10 would be met by this concept in that the location and size of the
"undisturbed/forested area" in Tract B would remain in tact although its configuration would be
slightly modified consistent with the undetermined boundaries shown on the proffered Concept
Landscape Plan. The plan discussed in September 2006, and on numerous occasions since by
Faison-Southern Lane, the "undisturbed/forested area" would be graded to bring it closer to the
grade for developed part of Tract B and would be improved by newly planted trees so that the
trees in the "undisturbed/forested area" would be, in part, original growth and, in part, trees
approved and planted pursuant to the then existing zoning ordinance of the City of Roanoke.
12. The literal determination by the Zoning Administrator in the February 22,2007,
letter (Exhibit I) of the exact location and topography of the "undisturbed/forested area" is
inconsistent with staff acknowledgment that the temporary extension of Roy Road must go
through this area.
13. The literal determination by the Zoning Administrator will require Faison-
Southern Lane to bring approximately 15,00<Bo cu. yards offill material or 1,500010 truck loads of
fill material to the site in order to complete the construction of Griffin Road. Thereafter the same
1,500010 truck loads of fill material will have to be removed from Tract B in order to develop the
commercial part of Tract B. This will cause major traffic congestion in the 220/Franklin Road
area, delay completion of the project and serve no useful planning or public purpose.
14. The literal determination by the Zoning Administrator will result in an unsightly
development that is not in keeping with the efforts by Faison-Southern Lane to develop a project
which is in the best interest of the public. Ifforced to comply with the Zoning Administrator's
{#IOI1769-1. 093230'{)()041-01}
3
.\
determination, Faison-Southern Lane will have to build a retaining wall between that portion of
Tract B to be developed and that portion designated as "undisturbed/forested area" approximately
700t feet tall. In addition, assuming the "undisturbed/forested area" cannot be disturbed, the
existing pines are unsightly and have suffered greatly from pine bark beetle devastation since the
adoption of proffer no. 10 and many of these trees should be removed from the site. Ifthe pines.
may not be disturbed or replanted this will cause an eye sore and not allow this area to be the
"forested area" that was proffered by Faison-Southern Lane to serve as a buffer between the
commercial development and the residential area which borders the northerly and easterly
boundaries of the "undisturbed/forested area" in Parcel B.
WHEREFORE, Faison-Southern Lane respectfully requests that it be authorized to
comply with the Concept Landscape Plan as it pertains to Tract B by configuring the area to be
developed and the area to be forested generally as shown on said Attachment 3 to the February 2,
2007 letter from the Zoning Administration; that it be authorized to grade Tract B as generally
shown on Attachment 3 and that it be authorized to reforest that portion of Tract B which is not
shown as developed pursuant to the existing zoning ordinance of the City of Roanoke, Virginia,
and that it have such other further and general relief as this council may determine.
Respectfully submitted,
FAISON-SOUTHERN LANE LLC
By: Southern Lane Group, a
Virginia Limited Liability
Corpor ti
James F. Douthat, Esq., Bar No. 1191
Woods Rogers PLC
10 S. Jefferson Street, Suite 1400
P.O. Box 14125
Roanoke, VA 24038-4125
540-983-7662 - Phone
540-983-7711 - Facsimile
douthat@woodsrogers.com
{#1011769-1, 093230-O0041-01}
4
.,m
...'.....""_.,"".~""'~,,,~.~...".""..H'.'.........,,'~""',.,..,'....' ..,_e, "......., "..,...'_.._....'"....,..,:~'..,:.'..'......,....;.,....'...H.. '.'
.........,....'"......"..,..1.......,'-..".;......,.....,........:...........,,;....
:........:..,....,..,..., ...\....,,;....:...~~;.
~.,
ROANOKE
PLANNINGI3UILDING AND DEVELOPMENT"
Noel c. 1',lyll'Jr,Mul1lr.tp~'1 Blllldillg
21S Church Avonu., SW,~oom 1.66
Roanoke, Ylr~lnlil24011
S4o.eS'~.1730 I.x S4o.8$,.1',n
plltnni nx:@cLro~n'okn"Ii' .I)S
l".i';jj.... ,..
'.
P..... J?aflVtS
,.".,...
February 22, 2007
Mr. Wm. Thomas AustIn, P,E.
Mattern <& Craig
701 First Street, S.W. .
Roanok~, VA 24016
Dear Mr. Austin:
RE: Request for approval of revisions to the approved Home
Depot - South Roanoke ComprehenSive Development Plan
(Tax Map No. 5480704, et al) .
My review of the reVlsl6ris to the approved Home Depot - South
Roanoke Comprehensive Development Plan, submItted to our office for
review, concluded With thefoll6wlng findings:
(l) The property in question is subject to certain conditions proffered
by the petitioner and accepted by the City Couhcil 011 August 15,
2005 (Or'dlnal1ceNo.371 59-08 1501), Proffer #10 cOrJditions the
property's developmeht to a landscape.planlabeled Exhibit D
(proffered condition #10 and proffered landscape plan attached as
Attachments land 2respecr/vely).
(2) The revisions submitted .to our office for review include the
disturbance of an area: Which Is delineated on the proffered
landscape plan as "Area To Remain Undisturbed/Forested" (copy of
proposed revlSIOnatrached as Attachment 3). These disturbance
activities .Include grading,. construction ofa portion of a retaining
wall, and expansIon of the development sIte of TractB.
(3) The profferedlandsdlpeplari clearly delineates an "Area to Remain
Undisturbed/Forested/both bya delineation of boundary and
label. .
"
.............;..........,...',n.......................................,.,........."..,........,.'........"...
Wm. Thomas Austin
February 22, 2007
Page 2 of 3
(5)
(6)
(7)
(4)
The phrase "to remain" Is commonly defirledaS"to continue
without change of condition, quality, or place", "to persist or
endure." (Webster's)
The term "disturb" Is commonly defined as "to trouble or destroy",
"to Interfere with.....to intrude on." (Webster's)
The proposed grading, construction of aport ion of a retaining wall,
and expanded development site of Tract B Incorporates
approximately 50 percent of the area designated on the proffered
site planas "Area to Remain Undisturbed/Forested" (see
Attachment 4 Which shows the relatfoMhip between the proposed
revisions forgtadlng, construction, and development actIvIties and
the boundaries of the proffered "Area .to Remain Undlsturbed/
Forested"). .
Pursuant to Sec.36~2.541 (e)(3) of the Code of the CIty of Roanoke
(1979), as amended,once conditions arep'"rof(ered and accepted by
the City Council, any development plansubrnlttt'!d for the
developmenfofthe property In question shall belr; conformance
with allprofM'edccindltlons, and no development shall be
approved by any CItY officIal In the absence of such conformance.
. .
Pursuant to Sec. 36.2-541 (9)(1) of the City COde,thelonlng
Administrator is vested iNlth the authorftY on behalf of the City
Council to adl'ninisterandenforce conditions asrnay be attached to
an amendment of the Official ZoningMap.'
Pursuant to Sec. 35.2-541 (h) of the City Code, once proffered and
accepted by the City Council, conditions treated pursuant to a
conditional rezoning remain In full forCE! and effect until a
subsequentami:mdment changes such conditions. Such application
for a change in proffered condItions can be made only by the
property owner, contract purchaser with the OiNner's consent, or
the owner'sagent,pursuant to the procedures for a conditional
rezoning, Including public notice and hearing bl!fore the Planning
Commission and ClryCouncl1. '.
In consideration' of thl! proffered conditions in effect on this
property, I am unable to approve the revision to the Comprehensive
Development Plan'iNhlch disturbs the area labeled on the proffered
landstapeplari as "Area to Remain Undisturbed/Forested." Given the
land-dIsturbing actlVltlespropbSedin this area, which Include grading,
(8)
(9)
.,
Wm. Thomas Austin
February 22, 2007
Page 3 of 3
. .
construction of aretaii1ing wall. and developml!nffor Tract 5, as well as
the extent of the encroachment into the proffered "Area to Remain
Undisturbed/Forested," I find that the revision falls to comply with the
proffered condition. The revision meets neither the literal delineation of
the "undisturbed area"nor the intent of the proffered "area to remain
undisturbed/forested:' .In .order to comply with the proffered condition,
this area must remain substantially undlsturbEid by grading, clearing, or
construction.
If you are aggrieved by my determination. yoir may petition the City
Council for review of my decision. Pursuant to Sec. 36.2.S41(g)(2) of the
City Code, any such petitIon for review must be filed with the Zoning
Administrator and the City Clerk within 30 calendardays from the date of
this letter and such petition shall specify the groulldsupon which you are
aggrieved.
Sincerely,
~(!.~
Nancy C.Sllodgrass, CZA
Zoning AdmInistrator
c: William Hackworth, City Attorney
Brian Townsend, Acting Assistant City Manager
Chris ChlttulTi, Planning Administrator
Steve Talevi, Assistant-City Attorney
,
ATTACHMENT 1
9, Signage proVidedb)' the petitioner and approvodby the City ofRoBlloke, and
identifYing the Southern Hills NeiSbborhood shall be plaeedon the side of Griffin Road ncar ita
inteTllcctioD with Roy Drive.
1 O. Landscallillg~hallbe as shown on the Concept Landscape Plan. The Home Depot,
Franldin Road and Valley Averiu6.City'ofRoanoke, Virgillia, dated Itily 8,2005, prepared by
Mattern & Craig. a copy oCWhic!1 isattuched hereto lIS Exhibit D,subject to any changes
required by the City lIS part ofComprehlmsive DevclopmcntPlart rcvlew.
. .
II. The fcil.lowiJ:lgC-2 usee as designated in the Code OfthllClty of Roanoke shall be
permitted on the subject propertieS:
'.
36.1-206(1) . DWellliigil located above ground floor
nonresidentialuseJl. '.
'. . ,
36.1-206 (3) Tradc, bUsiness and art schools ofa nOllindulltrial
nature.
36.1-206 (4) Trade and vocational schools of 1m industrial nature.
36.1-206 (6) Dsycartl centers with unliniltedcllpacityslibjcct to
the requirclmentaof section 36.1-510 et soq.
. .
. .
. .
36.1-206 (7) Chtitthes,synagogues and otherplac~s ofWbillhip
including' accCllSOl'}'collimbariums.
36,1-206 (8) '.'Libtaries, museums. art gallerics and art studios and
other simiIII1' i1sesineluding associated oduclltionalllnd
illslructi01181 activitieS:
36.1-206 (16)\>ost ofPces.
36.1-206 (11)' Indoor recreational uses includlngboWling alleys,
indoor telinis collrta, sqwUlh courts, fitness centers and oth6t
similar uses.' \
36.1-206 (18) Theliters with I1nlimited seating capacity;
36.1-206 (20) Outdoor recreational facilities inCluding swimming
clubs, telinisccillrta, athletic' facilities and other siJnilar uses.
36.1-206 (23) denerll.1 ond professional offices including financial
institutions.
("'''2227-1, OG3~t).41-<l1) 7
'\
:,
. ATTACHMENT 2
, I: I
\ ,II " I \:
j I I I \/
,..(/ I' "'(i\1 1lI
J / I .I.
,.:\ \
! d i ::',.
i :;1\: : C\
. I . I I I
A 1:1'
4,1,1. I
"
'III
l.nln'..1I . II
/
~.
pi
I
.1/ ll~
!" ': I
. I: ~ \ne
II l\\% .'.
o \"~.. '.
,. , . \. .
II,', ,I" ~;~'. .
r'1 t .--0 t' \
/ I _____~1) . . \i~l\l
4 I -.--s- _.. _ \ I 1\. I.' I' , \ \ :::'\
" ...~- . .H . \\'\"'\~~ .~.
.f. I M!' , ,\ \ \ \ I . I,. .' . '"''-' ,\~'ut..JJ...:..l~"'''' \::,-. :::"'1
I t. .--.......-:..""t:.-.. .=...,.to"( .8_
II -.- ~,. "....\1..
\, .n ::~~---~- ,---,fjllm .,., if IS
)1,' 11.'W l~l~'\L.-~~~_-J \----Hq~lii,. ,I ','.~
'I I to" \ft::ir!! I ..
II'! 1.1 I.
--
. ~VIllIIi_
....~
..,......-.....vuIB .....'
...,../.!t~~. ~ ~'. ~
~:.\.:~ ~i~:.~ =.;": :'::-:. :.~;~ :.~,;~;. :?; ~::;:~.:.
.. .,,',..,.,...~~.t...,,:..
':':';'; .._,f.';;.Jff?:~;..::.,. ",.
c:ONeIPT' INlDSc.IPE PINl
I "',
,ATTAC!lMENT 3
./' I
" :' I
"
i
/...
!
/
I"JI'.T
'/
.' (\
,~>~~
~
--
.
~T'rACIlMENT 4
./
.'
,.
i
./
.'
,.
/
/,i' /
// (\
.' "~\C
. /' .
./
"
, ec~~'.\ ..f
:V"..,~~..J:
".R1'\Oo...fo~
U-1')d1~/"
..-- FO\'lll~"
?l",,?O~
&p4I1~
of'T....el ~
a.~.I,,_.:
'lli~
~
,,-r...-d.tinl
w.uR
/"
?Y'DfO :,..
~'I'4~i(l
DIVISION 4. ZONING AMENDMENTS AND CONDITIONAL REZONING
Page 1 of 5
,
DIVISION 4. ZONING AMENDMENTS AND CONDITIONAL REZONING
Sec. 36.2-540. Zoning amendments.
(a) Purpose. The purpose of this section is to establish procedures for initiating and
processing petitions to amend the provisions of this chapter and to amend the Official Zoning
Map.
(b) Applicability. Whenever the public necessity, convenience, general welfare, or good zoning
practice requires, the City Council may by ordinance amend, supplement, or change this
chapter, including the text and the Official Zoning Map. Any such amendment may be initiated
by resolution of the City Councilor by motion of the Planning Commission. An amendment to
the Official Zoning Map may be initiated by petition of the owner, contract purchaser with the
owner's written consent, or the owner's agent of the property which is the subject of the
proposed zoning map amendment.
(c) Procedures; filing of petition.
(1) Prior to the filing of a petition to amend the Official Zoning Map, the petitioner shall
meet with the Zoning Administrator to determine that all filing requirements have been
met and that all information is correct.
(2) A petition to rezone property shall be in writing, addressed to the City Council, and
filed in the Office of the City Clerk, accompanied by payment of all fees and charges
established by the City Council.
(3) A petition for the rezoning of property shall include the following:
(A) A description of the purpose for the requested zoning district classification
and the proposed use of the property;
(8) A concept plan outlining features of the proposed use of the property
including buildings, parking, access, and similar features;
(C) A map or maps of the area requested for rezoning;
(D) Names, signatures, and addresses of the owner or owners of the lots or
property included in the proposed change: and
(E) Names, addresses, and official tax numbers of owners of the lots or property
immediately adjacent to and those directly opposite thereto: provided, however,
that inaccuracy or inadequacy of any such list of adjacent owners shall not in any
manner affect the validity of any proceedings had or taken by the City Council
with respect to the matters contained in such petition.
(4) Upon the filing of such petition, and the payment of all applicable fees and charges,
the City Clerk shall note the filing of the same and shall immediately transmit the petition
to the Planning Commission for study, report, and recommendation to the City Council,
with a copy of such petition mailed or delivered to the mayor and members of the City
Council and to the Zoning Administrator.
(5) Once City Council has considered a petition, a petitioner may not request
consideration of substantially the same petition for one (1) year. Nothing in this section
shall be construed to limit City Council's ability to reconsider a petition under Rule 10 of
Section 2-15, Rules of procedure, of this Code.
(d) Planning Commission action.
http://1ibraryl.municode.comlmcc!Doc View/114 7 4111269/278/282
2/26/2007
DIVISION 4. ZONING AMENDMENTS AND CONDITIONAL REZONING
Page 2 of 5
~
(1) All proposed amendments to this chapter shall be submitted to the Planning
Commission for consideration and recommendation. The Planning Commission shall
study proposals to determine:
(A) The need and justification for the change;
(B) When pertaining to a change in the district classification of property, the
effect of the change, if any, on the property and on the surrounding
neighborhood;
(C) When pertaining to a change in the district classification of property, the
amount of undeveloped land in the general area and in the City having the same
district classification as requested: and
(0) The relationship of the proposed amendment to the purposes of the general
planning program, with appropriate consideration as to whether the proposed
change will further the purposes of this chapter and the City's Comprehensive
Plan.
(2) Prior to making recommendations on any proposed amendment to the provisions of.
this chapter or to the Official Zoning Map, the Planning Commission shall conduct a
public hearing on such proposal, after notice of such hearing is given pursuant to
Section 36.2-540(f).
(3) Within sixty (60) calendar days from the date that any proposed amendment is
referred to it (unless a longer period shall have been established by mutual agreement
between the petitioner and the Planning Commission in the particular case), the
Planning Commission shall submit its report and recommendation to the City Council.
The recommendation of the Planning Commission shall be advisory only and shall not
be binding on City Council. If the Planning Commission does not submit its report within
the prescribed time, the City Council may proceed to act on the amendment, without
further awaiting the recommendation of the Planning Commission.
(e) City Council hearing. Prior to amending the provisions of this chapter or the Official Zoning
Map, the City Council shall conduct a public hearing on such proposed amendment, after notice
of such hearing is given pursuant to Section 36.2-540(f).
(f) Notice of hearing. Prior to conducting any public hearing required by this chapter before the
City Councilor the Planning Commission, notice shall be given as required by Section 15.2-
2204 of the Code of Virginia (1950), as amended. The expense of advertising shall be borne by
the applicant. Any affidavits required by Section 15.2-2204, Code of Virginia (1950), as
amended, shall be filed with the City Clerk. In addition, at least ten (10) business days prior to
the public hearing before the Planning Commission, the Zoning Administrator shall erect a sign
indicating the zoning district requested, identification of the subject property, and the time, date,
and place of such public hearing as set forth in the schedule below:
TABLE INSET:
Scope of Rezoning Petition Sign Posting Requirements
Petition to rezone 1--25 tax parcels, 1 sign per street frontage of contiguous subject tax
or portion thereof parcels
Petition to rezone 26--100 tax 1 sign per intersection constituting the perimeter of
parcels, or portion thereof the area proposed to be rezoned
Comprehensive rezoning (over 100 No sign posting required
properties)
(g) Amendment after hearing; City Council action. After the City Council has held a public
hearing, it may make appropriate changes or corrections in the proposed amendment and
http://libraryl.municode.comlmcc/Doc View/l1474/1/269/278/282
2/26/2007
DIVISION 4. ZONING AMENDMENTS AND CONDITIONAL REZONING
Page 3 of 5
f,
proceed to act without holding a hearing on the proposed amendment in its new form. The City
Council shall decide whether to approve or to deny a petition to amend the provisions of this
chapter or the Official Zoning Map.
Sec. 36.2-541. Conditional rezonings.
(a) Purpose. The purpose of this section is to implement conditional rezoning authority
pursuant to Section 15.2-2296 of the Code of Virginia (1950), as amended, in order to provide
for the orderly development of land in a manner that provides for a more flexible and adaptable
zoning method to permit differing land uses and at the same time to recognize effects of
change. It is the purpose of conditional rezoning to provide a flexible and adaptable zoning
method to cope with situations whereby a zoning classification may be allowed subject to
certain conditions proffered by the petitioner for the protection of the community that are not
generally applicable to land similarly zoned.
(b) Applicability. Conditional rezonings may be granted pursuant to the provisions of Sections
15.2-2296 through 15.2-2302, Code of Virginia (1950), as amended. A conditional rezoning may
be initiated only by petition of the owner, contract purchaser with the owner's written consent, or
the owner's agent of the property which is the subject of the proposed zoning map amendment.
The owner must sign such petition if conditions are proffered.
(c) Procedures. The procedures for the filing and approval of a conditional rezoning shall be
the same as the procedures to amend the Official Zoning Map as set forth in Section 36.2-540,
subsections (c) through (f), except as otherwise provided in this section. The acceptance of
proffers or other conditions, enforcement, recordation, amendments, and variations of
conditions, shall be as set forth in the provisions of Sections 15.2-2296 through 15.2-2303,
Code of Virginia (1950), as amended. Procedures specifically applicable to a request for a
conditional rezoning shall be as follows:
(1) The owners of property for which a petition is being made for an amendment to the
Official Zoning Map may, as part of the petition, voluntarily proffer, in writing, reasonable
conditions which shall be in addition to the regulations of the zoning district classification
requested by the petition. Any conditions proffered by petition of a property owner shall
be drafted in such a way that they are clearly understood and enforceable and shall
adhere to the following standards:
(A) The rezoning itself must give rise for the need for the conditions;
(8) The conditions shall have a reasonable relation to the rezoning;
(C) The conditions shall not include a cash contribution to the City;
(D) The conditions shall not include mandatory dedication of real or personal
property for open space, parks, schools, fire departments, or other public
facilities not otherwise provided for in Section 15.2-2241, Code of Virginia (1950),
as amended;
(E) The conditions shall not include a requirement that the petitioner create a
property owners' association under Chapter 26 (Section 55-508 et seq.) of Title
55, Code of Virginia (1950), as amended;
(F) The conditions shall not include payment for or construction of off-site
improvements except those provided for in Section 15.2-2241, Code of Virginia
(1950), as amended;
(G) No condition shall be proffered that is not related to the physical
development or physical operation of the property; and
(H) All such conditions shall be in conformity with the City's Comprehensive
http://libraryl.municode.comlmcc/Doc View/ 11474/1/269/278/282
2/26/2007
/,;"
\
DIVISION 4. ZONING AMENDMENTS AND CONDITIONAL REZONING
Page 4 of 5
Plan.
(2) Such conditions may be proffered prior to the public hearing before the Planning
Commission. Alternatively, or in addition, in consideration of comments expressed
during the Commission deliberations on a petition, the property owner may, prior to the
final public hearing conducted by the City Council, choose to proffer original conditions
or revised conditions.
(d) Approval criteria. The decision as to whether to accept a condition or a proffer shall be
considered a legislative decision, and shall be committed to the sole discretion of the City
Council subject to any criteria set forth in the applicable provisions of Sections 15.2-2296
through 15.2-2302, Code of Virginia (1950), as amended, or any other applicable provision of
state or federal law.
(e) Scope of approval.
(1) Proffered conditions shall be considered supplemental to and in addition to the
provisions contained elsewhere in this chapter or other City ordinances and shall not
authorize less than full compliance with all other applicable provisions of this chapter.
(2) Once proffered and accepted by the City Council as part of an amendment to the
Official Zoning Map, such conditions shall continue in full force and effect until a
subsequent amendment changes such conditions or the zoning on the property covered
by the conditions; however, the conditions shall continue if the subsequent amendment
is part of a comprehensive implementation of a new or substantially revised zoning
ordinance.
(3) Conditions once proffered and accepted by the City Council shall immediately
become effective with approval of the petition to amend the Official Zoning Map. Upon
approval, any development plan, subdivision plat, or development plan submitted for the
development of the property in question shall be in conformance with all proffered
conditions, and no development shall be approved by any City official in the absence of
such conformance.
(f) Recording of conditions. The Official Zoning Map shall show by an appropriate symbol on
the map the existence of conditions attached to the zoning district designation on the map. The
Zoning Administrator shall keep in the Department of Planning, Building and Economic
Development and make available for public inspection a conditional zoning index. Such index
shall provide ready access to each ordinance creating such conditions. The index shall also
provide ready access to all proffered cash payments and expenditures disclosure reports
prepared by the City Council pursuant to Section 15.2-2303.2, Code of Virginia (1950), as
amended. The Zoning Administrator shall update the index annually and no later than
November of each year.
(g) Enforcement of conditions.
(1) Failure to meet all conditions of a conditional rezoning shall constitute cause to
deny the issuance of any required permit or certificate, as may be appropriate, and to
seek such remedy as provided under the terms of this chapter. The Zoning Administrator
(See Section 15.2-2286.4, Code of Virginia, 1950, as amended) shall be vested with all
necessary authority on behalf of the City Council to administer and enforce such
conditions as may be attached to an amendment of the Official Zoning Map, including:
(A) The ordering in writing of the remedy of any noncompliance with such
conditions:
(B) The bringing of legal action to ensure compliance with such conditions,
including injunction, abatement, or other appropriate action or proceeding; and
(C) Requiring a guarantee, satisfactory to the City Council, in an amount
sufficient for and conditioned upon the construction of any physical
http://library1.municode.comlmcc/Doc View/1 1474/ 1/269/278/282
2/26/2007
DIVISION 4. ZONING AMENDMENTS AND CONDITIONAL REZONING
Page 5 of 5
t,)
improvements required by the conditions, or a contract for the construction of
such improvements and the contractor's guarantee, in like amount and so
conditioned, which guarantee shall be reduced or released by the Zoning
Administrator upon the submission of satisfactory evidence that construction of
such improvements has been completed in whole or in part.
(2) Any zoning applicant or any other person who is aggrieved by a decision of the
Zoning Administrator made pursuant to the provisions of subsection (1), above, may
petition the City Council for review of the decision of the Zoning Administrator. All
petitions for review shall be filed with the Zoning Administrator and the City Clerk within
thirty (30) calendar days from the date of the decision for which review is sought and
shall specify the grounds upon which the petitioner is aggrieved.
(h) Amendment of conditions. Amendment of conditions created pursuant to this section shall
be made only as an original petition for amendment to the zoning ordinance, pursuant to the
procedures set forth in this Division including public notice and hearing.
http://libraryl.municode.comlmcc/Doc View/l1474/l/269/278/282
2/26/2007
DIVISION 4. ZONING AMENDMENTS AND CONDITIONAL REZONING
Page 1 of 1
'\
(2) Any zoning applicant or any other person who is aggrieved by a decision of the
Zoning Administrator made pursuant to the provisions of subsection (1), above, may
petition the City Council for review of the decision of the Zoning Administrator. All
petitions for review shall be filed with the Zoning Administrator and the City Clerk within
thirty (30) calendar days from the date of the decision for which review is sought and
shall specify the grounds upon which the petitioner is aggrieved.
http://libraryl.municode.comlmcc/Doc View/I 14 7 4/11269/278/282
2/26/2007
DIVISION 4. ZONING AMENDMENTS AND CONDITIONAL REZONING
Page 1 of 1
\
h) Amendment of conditions. Amendment of conditions created pursuant to this section shall
be made only as an original petition for amendment to the zoning ordinance, pursuant to the
procedures set forth in this Division including public notice and hearing.
http://libraryl.municode.comlmcc/Doc View/ 11474/1/269/278/282
2/26/2007
Expansion
of
Development
Site
{' <.parking lot)
./ 111
Retaining
Wall;
Temporary
Road
!
,I,
/
/
, .~'7
..'C..:,:>~;~._"
~;"...-
-1;\:\1\/./
_7'~ .,;~1~j~
jJ,'-;'lr .-
" it
,- /'."."'~: ',,/
." _.r.-/"
--- :~;:-::~,.,~a. ./ _.,
)1. L---'\~'1:-
1
"
".
\1
'I";'
Ir'o-",
~.i:'_~/.. :..
/
".~
'A' 'L!J'
. ......~:~7~.~
.
III
Graded
.",.
"."'''.'..1''
~"l,~!~
,.
Remaining
Natural
Area
/
EXHIBIT 1
~",
~o~o .'~"
~~?-
.....'
\
........
...............
'Q\,t}- ">
,./,
../
.----
.
HYDRO SEED W /
PARTRIDGE (PP)
Ii
.
5 ZS
-:J---
-' .
_FA
PA
C
S
~
..
G
PO
..
PM
'0
.- RO
we
PLANT SCHEDULE
Botlln/c Nam.
...~ ""'~ --- .
">...
.---'
Acerrobrum
. AefftUbfllm
11e~ .NflMieRSre~ena.
.. Fr8!t1nUI Am,neftl. 'P.tm~.
Pic....bi..
C8lCi.cs"..,.nlit
Zelko-.. Z.I~oV',..G~V"'.
Creplm rtIa La froam;lI"NafcJt.z"
Sla.Ma nob Mil noJiastlOb'.
Sarviceb Amelanchier ndiflon
SarbianSpruc. Pif;uo~
Ma noliaSlellllt. Mil nali,stlfllar."Ro alSt.,.
P .acantha Uoh..... c'llflrua' moII.w" ESPALIERED
1I...DragonLldy"Ioc"~operLilndICllp'~
RedOllk Ou-=wlllbnun
WiIowOak QuMclnI
AlTMnc.n Ho U." 0 _ Nt.
i
'2" ,
/~--
-:::":><:--_..~:~-=:
.-'
_ ..f.>-
I[
/
o
~,
fO\'-O
~" ,BO\~\ ,
10. ~BO()Ol'\
\0.
/
/
/
129(1.7
/'
\,r..'f.
"
.,"
1,'
.,,~.
/
/
-
/
~C)
/" ,
,
/
"~
/
...------.
./ ,
-~ -,
,~
/'
/
./
/
'/. j'"
/, .'. [IJWAlL": / },
/ .; /:
.~
,
---
-----'. ' /
'1 EXHym' 34 ,/"/\\,0
~ - / "o~
_\\']0 ~" \..
.~~ ~...', ~ ~
/\0,1>'
." .\
I
I
.~}..0
~."'ij!ljI
fJ.3-'"
EXHIBIT 4
5 C
20 Df
~
45
30
r~-'
r; s
't..._,_.
9 ZS
HYDRO SEED wi PEA
PARTRIDGE (PP)
Proffered "Area to Remain Undisturbed/Forested"
Iii]
~
Retaining Wall
[I,;;:
f4f1i)
f!,J{,~.:
Parking Lot for Development of Tract B
ZS
Planting Schedule
.....~'
, .
.,
./
v
EXHIBIT 5
/
/
//\
//"j
.k
j"
I'
I: ....
.I
l,.'/
. /
"
//'
/
'. ,
~=a
-I
~
-
Proffered "Area to Remain Undisturbed/Forested"
Area Proposed to be Graded (Disturbed)
~
Area of Natural Trees to Remain (undisturbed)
~_ .f. I 't' ~_:.o;o.,i.;;:.'..~'...~~"^
~
"
"
"
"
Ii
,I
"
d ,
ii i
I, I
I' ,
I:
'1\ .
, ,
'I ,
!I I
,i'\ :
:j :
:11'
'iI:
\I:
: it:
: \I:
, Ii
. Ii
; II
I II
I I II
4'! i ;"1:1
I I I ,
: : : l[ ::1
! I'll II
;-~I.:..=-:-;.:II' . I
" ,
, '1 .
-..,/ I ..-t-::-
... I I I
,
,
"
"
..
"
'I
"
'I
L,
.',
_U
'I
"
"
"
if
"
"
.'
,
,
"
"
,
,
,
,
!
I:'
I I II
, '.
~---'::=-"='~I
r'lflCO .,.,,'!'
~ I
~ J I
il I::
:1 "I l~ I
.: I 1~1
I I rfn I
~ I l::a
~f '10
f 'I'S
, ~iiil
f :~
110
, .
Illj
Ii i~ I
fi i~ r-
11161
I, .
f<;?I./
" I'
It. I,
I'! i ~
\' ,
1\ ; ,,:
: ; l\i I
'1' :
. .
, i
I
I,
, ,
"-
1--'
, '
,
,
4
"
./
0' '
\..J
u
J 1""\ \ \ \ " "-;..-
\ \. ,~/'/ A \ , -.,"\ ' .Y" /
." ,~,/"~r",." 1"~'" \ t.\ \\ '<""\
L' \, i /<".~~.,\,~~..., \ '''",\ \,\, /' /"O~.-/\ \
- - '-..'_J "',.,._..",," / /r"~ \,\ ~:,:-::-~~./ '\).../ .-/\\
(-....'\ - - - - ~^"" \., ".",. ?~": /
I \ _______,;\.... \ ,/
l ! I \ ;;" /' V"
\ l ! " \/
\ l\ ~~ If ' ~-"c-"",
-, I; It "
~'''''............................... /.\'...'......-......;\
~ _\~
'. \ \ \ ~'i. ,.)
.0 ) j \..--
,/_1 ./
\ I I, i
'. / "
,.
'-
I
I
Ii
II
F"
U!
!
!
UU;linliUGaijll
" ~
"I
II'
~
/
\:~/;
"\ ~,\
'- \ ''-,. ,
\ 1 \ .........
~\ t \ /.'
\. \.,J--;~J
~_...;rt1t4 ,
'--;i!~.~
~~_..
~ \\
\\-
\Q '. ,
\:a \ '~
\~Yo,,-'
I' \%\ \,
~~\"
~ . \ ~\
~. \\\
'\\ \'
I \\~~..
\ j\\\
\ '~
\ .
~ I
.' " ~-\
. ... \
~: &....":::::--- "I';' ~--',-a-
~. ~ ~~:- - r' J;t~-l--"'''''~ -"'" -:\
- -0 "1'~ O~<..,""~'" '~'\
----0: n ~~~~.-~~"~', "t..
- -0 e; ~,.,dl~1-~ ~ I ~ ~ I ' i ' "
-~-;~\r(nn,~)\\\:":::i"\'\..\ :=-=-~ ':
=.-----1 - .a:.,...~-....~ : , : " , t i " , \ \ . '_1_-'-"';'- _ .'_\
- - - ).-, o~~~\ \ \ \ ; i " . ,___ \ '; _L\..LL,-j.-~" ~~:_~ ...._j,
~~-:".' I' I \ ' ' _ -+--- rt~\ 'II -r-''',.,.--
--1iI....-, , I " I, . ' ' - ~ - t..-- : '. \ ~_-:-o;"j , .
' .._,....-r \ I " \ ' I \ - - r-- ~\.._..,.....,_",,::,;,
· .1"1. \,,;;.,. - - - .~: n"'. I. CD' 6'
,,--/. .I l-~ _ - t \_ '"'
.....----;-: "') l/,:-- -' - ....~r""" _ _ , _ .~ I~ I~
! / (~2~/'--1- - "'"f..~ - U;I;I ~ f! i II
(:{, ~?<'----- .....l - - - \ - - - h if Dr :::f t s .!
(,f "-1</7\- -- ~ c--- ii~p.. I I I "
!; d;{ L--- - ill! I ! i
I..-f[c-- I, ~ , i I ~
,
",::E~,I
t>:;'.,.~
J
"
Ii"
. ..;":
.
" ,"
.'
'.,
....\. ",' ".
.. . \; ." "..
. \ ,---;-~- . .
. 'f'-' 1\'1
. ,. 1.\"......
.. ,Yo 1\ .
. Of ,I,
\. _J ~.
. "\.:--;'-'^' \.' r
". .. ~. ~
, . \ '
"1'11"
.... ' \.
.' . \ "
., .,...-.'"...
.,
\ ~
\\\ ~.
,\\ i:
",m
~\\~
'0
"""
. .
,
SB M.l3fm'l.o VAl1C('-"
~ l CONCEPT LANDSCAPE PLAN
QTYOf'RONfOI([, \1ft0ltllA
~~~
1=11-:'
J:::~
J~,.:;:
fir
~
*--
~
".. ; "
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A "enue. S. W.. RLlll1ll 456
RD:1lltlkc. Virginia ~4()11-153t)
Tekpllt>m': (54Ul !:iSJ ~541
Fax: (540, ~5~.1145
E.mail l'!t-rk(!:!'f(I,Ull)kl'\;l ~O\
SHEILA :<.IL\RHIA:<
,\$~I~lalll City ('Ierl..
STEPHAto:IE", ~IOO:<. OK
Cil) C1L"rk
March 7, 2007
File #60-188-236
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No. 37698-030507 accepting the Assistance
to Firefighters grant to the City from the Department of Homeland Security, and
authorizing execution of any required documentation on behalf of the City.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, March 5, 2007.
Sincerely,
^~t'n.~hv
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Chief of Fire-EMS
4~
~
IN THE COUNCIL OF THE CITY OF ROA;..jOKE, VIRGINIA
The 5th day of March, 2007.
No. 37698-030507.
A RESOLUTION accepting the Assistance to Firelighters grant to the City from the
Department of Homeland Security, and authorizing execution of any rcquired documentation on
behalfofthe City.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. The City of Roanoke does hereby accept the Assistance to Firelighters grant
offercd by the Dcpartmcnt of Homeland Security in thc amount of $432,820.00 upon all thc
terms, provisions and conditions relating to the rcccipt of such funds. The grant, which requires
as 108,204.00 in-kind match by the City, is more particularly describcd in the lcttcr of the City
Manager to Council, dated March 5, 2007.
2. The City Manager and the City Clerk are hereby authorized to execute, seal, and
attest, rcspectively, thc grant agrccment and all necessary documents required to accept the grant
all such docwnents to be approved as to form by the City Attorney.
3. The City Manager is further directcd to furnish such additional infornlation as
may be required in connection with th~ City's acceptance of this grant.
A TTRST:
!:~'C~k}n. ~
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A\'Clluc. S. \V.. Room -1-56
Rnan{)kl~. Virginia .:!40) 1-I53h
h'kph(ln~': 15..\.1)1 K53-25-l-1
F:IX: (5...:.0) S5.LII-l-5
Ii-mail: rkrk (q rtlanok~~\'a.~o\'
SIIUL, J\. IIARHIAN
A.~:'>I.~tallt City ('lei k
STEPIIA'JIE ~L MOO". CMC
Cil\' Clerk
March 7, 2007
File #60-188-236
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37699-030507 appropriating
funds from the Federal Government for the Assistance to Firefighters Program,
and amending and reordaining certain sections of the 2006-2007 Capital
Projects and Grant Funds Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, March 5, 2007, and is
in full force and effect upon its passage.
Sincerely,
~ m. rYJoo-rv
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Chief of Fire-EMS
~'-J
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of ~~rch, 2007_
No. 37699-030507.
AN ORDINANCE to appropriate funding from the federal government for the
Assistance to Firefighters Program, amending and reordaining certain sections of the
2006-2007 Capital Projects and Grant Funds Appropriations, and dispensing wiih tile
second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2006-2007 Capital Projects and Grant Funds Appropriations be, and the
same are hereby, amended and reordained to read and provide as follows:
Capital Projects Fund
Appropriations
Capitallmprovelllent Reserve - Contingency
Transfer to Grant Fund
08-530-9575-9220
08-530-9712-9535
S (108.204)
108,204
Grant Fund
Appropriations
Other Equipment
Revenues
Assistance to Firefighters FY07 - Federal
Assistance to Firefighters FY07 - Local
35-520-3576-9015
541,024
35-520-3576-3576
35-520-3576-3577
432.820
108.204
Pursuant to the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~ In. m,1YV
City Clerk: - {
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Not..'] C. T<l~'h)r Municip.ll Buildin~
213 Church A\'L'l1UC', S.\V., Rtllllll .16-l
Rllanokl'. Viq.';lTlicl :!-lUll-15~J"I
J L'k'Phlllll.': {::;.III} ,,,,:;.\-~, ~.1
r.l \: (''''-1-1)) .,,::;.~-] 1:;:-:
Ci1\" \\'vl': \\'\\'\\'.r'l,ln"kl'\',l..~'l\'
March 5, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wish neff, Council Member
Dear Mayor Harris and Members of City Council:
Subject:
Assistance to Firefighters
Grant Acceptance
Background:
The Assistance to Firefighters Grant Program is designed as an opportunity
for the United States Congress to work with the Federal Emergency
Management Agency (FEMA) to enhance basic fire service delivery across the
United States. Since 2001, the Assistance to Firefighters Grant Program has
provided $2.4 billion to local fire departments and first responder
organizations. In FY'06, the Department of Homeland Security received over
18,000 applications for nearly $2.5 billion in grant requests. Five thousand
departments will receive the allotted $485 million to support training
programs, first responder health and safety programs and response
equipment and vehicle requests.
The Department of Homeland Security, FEMA and the U.S. Fire Administration
recently announced that the Roanoke Fire-EMS Department has been awarded
a federal grant of $432,820 from the 2006 Assistance to Firefighters Grant
program. The grant requires a local match of 20%, totaling $108,204. This
grant was authored and submitted in collaboration with Randall Funding and
Development, Ine., the firm with which the City contracts for grant writing
services.
Honorable Mayor and Members of City Council
March 5. 2007
Page 2
Considerations:
This grant will be used to install diesel exhaust removal systems in all
Roanoke Fire-EMS Stations. This equipment will ensure a safer environment
for firefighters to live in for their allotted 24 hour shifts. This equipment will
also keep the station environment safer for visitors to all of the Fire-EMS
Stations.
Recommended Action:
Authorize acceptance of the grant of $432,820, with a match from the City of
$108,204, totaling $541,024 and authorize the City Manager to execute the
required grant agreement and any other related documents; such documents
to be approved as to form by the City Attorney. Authorize the Director of
Finance to establish a revenue estimate in the amount of $432,820 in the
Grant Fund and transfer funding for the local match in the amount $108,204
from account 08-530-9575-9220 (Capital Project Contingency). Appropriate
funding in the amount of $541,024 to an account to be established by the
Director of Finance in the Grant Fund.
Respectfully su
~
Darlene L. urcham
City Manager
DLB/tb
cc: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
James Grigsby, Assistant City Manager for Operations
H. David Hoback, Chief of Fire-EMS
Sherman M. Stovall, Director of Management and Budget
CM07-00024
Office of Gr"rJl'ts "'I'd Tr:lining
P:ep;:J,re(I'le~Js DirectOlale
U.S. LJepar/fIlenl ,)f Hl'1f)J/:3'!,md Sel~i1rity
W.!sh':i;J!ofJ. D.C. 2053;
Mr. David Hoback
Roanoke Fire-EMS
541 Luck Avenue, Suite 120
Roanoke. Virginia 24016-5045
Re: Grant No.EMW-2006-FG-04197
Dear Mr. Hoback:
On behalf of the Office of Grants and Training. I am pleased to inform you that your grant
application submitted under the FY 2006 Assistance to Firefighters Grant has been approved.
Along with the U.S. Fire Administration and the Federal Emergency Management Agency. we
carry out the federal responsibilities of administering your grant. The approved project costs
total to $541,024.00. The Federal share is 8432.820.00 of the approved amount and your share
of the costs is $108.204.00.
As part of your award package. you will find Grant Agreement Articles. Please make sure you
read and understand the Articles as they outline the terms and conditions of your Grant award.
Maintain a copy of these documents for your official file. You establish acceptance of the
Grant and Grant Agreement Articles when you request and receive any of the Federal
Grant funds awarded to you.
The first step in requesting your grant funds is to confirm your correct Direct Deposit
Information. Please go on-line to the AFG eGrants system at www.firegrantsupport.com and if
you have not done so. complete and submit your SF 1199A. Direct Deposit Sign-up Form.
Please forward the original. completed SF 1199A, Direct Deposit Sign-up Form. signed by your
organization and the banking institution to the address below:
Department of Homeland Security
Emergency Preparedness and Response Directorate (FEMA)
Grants Management Branch
500 C Street. SW. Room 334
Washington. DC 20472
Attn: Assistance to Firefighters Grant Program
After your SF 1199A is reviewed and you receive an email indicating the form is approved. you
will be able to request payments online. Remember. you should basically request funds when
you have an immediate cash need (i.e. you have a bill in-hand that is due within 30 days).
If you have any questions or concerns regarding the awards process. donations. or how to
request your grant funds. please call 1-866-274-0960.
Sincerely.
#iJ
Corey Gruber
Acting Assistant Secretary
Office of Grants and Training
I-d.
.-"..::
.~.; ;;~ ~;.~~t{f.~~~~~ :A~f21~~:'::.; .~.~.~ ::~.~pF :":-;; ;~~:'.:;~;jgf~~r~~irih~'f~ffif~.1
U.S. Department of Homeland Security
Washington. D.C. 20531
AGREEMENT ARTICLES
ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Safety program
GRANTEE: Roanoke Fire-EMS
PROGRAM: Operations and Safety
AMENDMENT NUMBER:
AGREEMENT NUMBER: EMW-2006-FG-04197
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
TABLE OF CONTENTS
Project Description
Grantee Concurrence
Period of Performance
Amount Awarded
Requests for Advances or Reimbursements
Budget Changes
Financial Reporting
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Performance Reports
DHS Officials
Other Terms and Conditions
General Provisions
Audit Requirements
Additional Requirements
Article I - Project Description
The purpose of the Assistance to Firefighters Program is to protect the health and safety of the
public and firefighting personnel against fire and fire-related hazards. After careful consideration,
DHS has determined that the grantee's project submitted as part of the grantee's application.
and detailed in the project narrative as well as the request details section of the application -
including budget information - was consistent with the program's purpose and worthy of award.
The grantee shall perform the work described in the approved grant application as itemized in
the request details section of the application and further described in the grant application's
narrative. These sections of the application are made a part of these grant agreement articles by
reference. The grantee may not change or make any material deviations from the approved
scope of work outlined in the above referenced sections of the application without prior written
approval.
However, in keeping with this year's program guidance, grantees that have grant funds left over
after completing the approved scope of work prior to the end of the period of performance have
three options for the use of the excess funds: 1) they may return the unused funds to the
Federal government. 2) they may use a maximum of 55,000 to expand the activities for which
they were awarded, or 3) create or expand an existing fire prevention program. Grantees are
encouraged to review the program guidance for more information in this area.
Article II - Grantee Concurrence
By requesting and receiving Federal grant funds provided by this grant program, the grantee
accepts and agrees to abide by the terms and conditions of the grant as set forth in this
document and the documents identified below. All documents submitted as part of the
application are made a part of this agreement by reference.
Article III - Period of Performance
The period of performance shall be from 09-FEB-07 to 08-FEB-08.
The grant funds are available to the grantee for obligation only during the period of performance
of the grant award. The grantee is not authorized to incur new obligations after the expiration
date unless the grantee has requested, and DHS has approved, a new expiration date. The
grantee has 90 days after period of performance to incur costs associated with closeout or to
pay for obligations incurred during period of performance. Award expenditures are for the
purposes detailed in the approved grant application only. The grantee cannot transfer funds or
assets purchased with grant funds to other agencies or departments without prior written
approval from DHS.
Article IV - Amount Awarded
The amount of the award is detailed on the Obligating Document for Award attached to these
articles. Following are the budgeted estimates for each object classes of this grant (including
Federal share plus grantee match):
Personnel 50.00
Fringe Benefits 50.00
Travel 50.00
Equipment 50.00
Supplies 50.00
Contractual 50.00
Construction 5541.024.00
Other 50.00
Indirect Charges 50.00
Total 5541,024.00
Article V - Requests for Advances or Reimbursements
Grant payments under the Assistance to Firefighters Grant Program are made on an advance or
reimbursable basis for immediate cash needs. When the grantee needs grant funds and has
obtained a user account, the grantee fills out the on-line Request for Advance or
Reimbursement. If the grantee has not obtained a user account. an account may be obtained by
calling the help desk at 1-866-274-0960.
Article VI - Budget Changes
Generally. grantees may make changes in funding levels between the object classes (as
detailed in Article IV above), as long as the grant's project or scope of work is accomplished.
The grant's scope of work is outlined in the project narrative and in the request details of the
grant application. The only exception to this provision is for grants where the Federal share is in
excess of $100,000. In grants where the Federal share exceeds 5100.000. the funding levels of
the object classes can be changed, but if the cumulative changes exceed ten (10) percent of the
total budget, changes must be pre-approved. The provisions of this article are not applicable to
changes in the budgeted line-items listed in the request details section of the application.
Article VII - Financial Reporting
The Request for Advance or Reimbursement mentioned above will also be used for interim
financial reporting purposes. At the end of the performance period. or upon completion of the
grantee's program narrative. the grantee must complete. on-line. a final financial report that is
required to close out the grant. The Financial Status Report is due within 90 days after the end
of the performance period.
Article VIII - Performance Reports
The grantee must submit a semi-annual and a final performance report to DHS. The final
performance report should provide a short narrative on what the grantee accomplished with the
grant funds and any benefits derived there from. The semi-annual report is due six months after
the award date.
Article IX - DHS Officials
Program Officer: Tom Harrington. Deputy Chief of the Grants Program Office, is the Program
Officer for this grant program. The Program Officer is responsible for the technical monitoring of
the stages of work and technical performance of the activities described in the approved grant
application.
Grants Assistance Officer: Christine Torres is the Assistance Officer for this grant program.
The Assistance Officer is the Federal official responsible for negotiating. administering, and
executing all grant business matters.
Grants Management Branch POC: Jacqueline Lee is the point of contact for this grant award
and shall be contacted for all financial and administrative grant business matters. If you have
any questions regarding your grant please call 703-605-0643.
Article X - Other Terms and Conditions
Pre-award costs directly applicable to the awarded grant are allowable if approved in writing by
the DHS Program Office.
Article XI - General Provisions
The following are hereby incorporated into this agreement by reference:
44 CFR, Emergency Management and Assistance
Part 7
Part
13
Nondiscrimination in Federally-Assisted Programs
Uniform administrative requirements for grants and
cooperative agreements to state and local governments
Government-wide Debarment and Suspension (Non-
procurement) and Government-wide Requirements for
Drug-free Workplace (Grants)
Part
17
Part
18
New Restrictions on Lobbying
31 CFR 205.6 Funding Techniques
OMS Circular A-21 Cost Principles for Educational Institutions
OMS Circular A-87 Cost Principies for State/local Governments, Indian tribes
OMS Circular A-122 Cost Principles for Non-Profit Organizations
OMS Circular
A-102
Uniform Administrative Requirements for Grants and Agreements With State
and Local Governments Assistance to Firefighters Grant Application and
Assurances contained therein.
Uniform Administrative Requirements for Grants and Agreements With
Institutions of Higher Education, Hospitals. and Other NonProfit Organizations
Assistance to Firefighters Grant Application and Assurances contained therein.
OMS Circular
A-110
Article XII- Audit Requirements
All grantees must follow the audil requirements of OMS Circular A-133. Audits of States. Local
Governments, and Non-Profit Organizations. The main requirement of this OMS Circular is that
grantees that expend S500,000.00 or more in Federal funds (from all Federal sources) must
have a single audit performed in accordance with the circular.
As a condition of receiving funding under this grant program, you must agree to maintain grant
files and supporting documentation for three years upon the official closeout of your grant. You
must also agree to make your grant files, books. and records available for an audit by DHS. the
General Accounting Office (GAO), or their duly authorized representatives to assess the
accomplishments of the grant program or to ensure compliance with any requirement of the
grant program.
Article XIII- Additional Requirements (if applicable)
. Vehicle awardees for FY 2006 will be required to include a performance bond as part of
the contract with the vehicle manufacturer. The performance bond MUST include a
delivery date to be acceptable under this requirement. Extensions to a grant's period of
performance may not be considered if a performance bond is not included in the
purchase contract. Note: This is a new requirement for this program year.
. Grantees that are the hosts of regional projects as provided for in the annual program
guidance will not be responsibie for equipment purchased with grant funds if that
equipment is disbursed to other first-responder organizations under a memorandum of
understanding which places the responsibility for the equipment in the hands of the
recipient.
Additional Requirements if applicable
Modification to Facilities Requirements: DHS is required to ascertain how proposed
modifications to any facilities that will have sprinkler installation may be impacted by
requirements related to the National Historic Preservation Act and the National Flood Insurance
Program regulations. Modification projects must be evaluated for compliance with applicable
statutory and regulatory environmental/historic preservation requirements and must be
approved by DHS prior to project implementation. No funds may be requested for construction
until all these requirements are fulfilled. If the installation site is a building that is 50 years old or
older they shall not proceed with proposed modification projects. other than planning. until being
notified by DHS that all reviews have been completed. Noncompliance may jeopardize receipt of
federal funding.
Grantee is sharing their Tax ID Number with the City of Roanoke. Audit findings are related to
issues with the City rather than the Fire Department. The findings deal with allowable costs/cost
principles as reflected in the audited financial statements for the year ended June 30. 2005.
Grantee is expected to adhere to the corrective actions indicated in the report. Continued
funding is also based upon adherence to the noted corrective actions. No issues identified for
historical review or flood plain review.
'''''''''''......~R~ijAQ::g:M~~q~N"(;X:,M~~~Q~~t~~t,:A(i:~~cy. ..'
':'-" OBLIGATING :DOCUMENTiFOR ;AW ARD/ AMENDMENT",,,,
'": "::"'''''''':.'.::,,,,,,,:''':':.''''''." ."''''"" '" . ....:..,,:." :.~ ":..:".",:;::"
;1 a AGiit~M:gNT_:R9]
EMW-2006-FG-04197
21
~Mr[ftfM~!i!1i
NO.
o
'riSSUING-OFFICE-AN-IDii5BRESS
OOP/Financial and Grants
Management Division
500 C Slreet. S. W.. Room 350
Washington DC. 20472
POC: Jacqueline Lee 703-605-0643
3. nEcIPIEN1"NO]
54-600i569---
~. TYPEJ?6
[>.CTIQ.f>!
AWARD
5. CONfROD
. r------,-
NO.
W437660N
6~REClp.IENT'NAME
AND ADDRES~
Roanoke Fire-EMS
541 Luck Avenue. Suite
120
Roanoke
Virginia. 24016-5045
!f"NAME'OF'RE_CIP!ENi;
PROJECT OFFICER
o3vid -Hc)iJack- -----
j1Ti;:FFEC;;TII(~~D-A TJ;":9B
i!Jj!~LACTION
09-FEB-07
if"pAYMENT-OFFICE-AN[)A-i5BRESS
GOP/Financial Services Branch
500 C Street. SW.. Room 723
Washington DC. 20472
F'l'foNE-NO]
540-853-2327
~:l[ri~MIg:OF-PF1Q}tCr-c90R"rjINA 1'011
Tom Harrington
PHoi'fi': NO]
1-886-274-0960
,12 METFfoq
OF PAY.M~_~]
SF-270
~_3._e.:S:~ISIANQ~~ARRANGEM@
Cost Sharing
"-u~Ri=oliME!'j~~:~E.B!qR
~~~~~~9- To:OB.FEB-OB
Budget
Period
From:20-
OCT-06
To:30-SEP-07
,u;. ["L~j:;RIPTIOiifoF-ACTjo-N
a. (Indicate funding data for awards or financial changes)
PRO-GRAM gFDA-::tT.9] t;C:C:O_U:rgIlt:J_c,lJ_~.t~
NAME--- (AACS CODE)
~CRONYM XXXX-XXX-XXXXXX-
XXXXX-XXXX-XXXX-X
2007-62-0632RE-
63000000-4101-R
I: ." .":':';:[:::,,::'::li:j:w;:mmm~~H:m~,,::m;'!fj1!ii:!::'[;::U,>..,.'11 TOT ALSII:-:(:;::"s.o:QQJl:f:;:';s4~g:~?(j:Q.oIl"1:;S~?:~20:00m::!: .
b. jo:describe chang~~ther. !b.,!Q1Y.riqillg_~at~~o.t:~!l~!}~.@.LQ.b.~:dg~.!?~~~n,!c.!l.~.Jj_'le_ltule..:?..!ld'ch'~k.here!
NfA
PRlo"Fi
J'rOT[>.~
iWvAFlQ
AMOUNT!
,.. ."'..n ;.I..
AWAR[)ED
mS "ACTIO]
+OR (-)
S432.820.00
g~u~~-~:~1i
10TA.Lt
AWARD
AFG
97.044
SO.OO
$432.820.00
tUMMUGA TIVE
. ----~.. ""f---'
N0N'
rEDER~~
!:;.QMMIf.~_EB]
5108.204.00
"'51'08:204;00]
i:6~.,fq@j:it:J:gT\3-"::$:tEBiP~9GR.Arqs7i'\~(;).~IWN'r(s}l~901i'\~[LT9:::$191!.A!'jD-RE~U.!BNTHB.~((~fco-PIES-;-6F.
[1;tJ::;2[)_O_C_UM~ND_9":I::EM~,(:3.ee:Bib'ck.7~fpr,add(e.ss)
Assistance to Firefighters Grant recipients are not required to sign and retulTl copies of this document However.
recipients should print and keep a copy of this document for their records.
~..Q. FOFfDlsAslER-PRO:G:I3Kr0:!?;R(C]e!~NT!Sl:!9'r-Fit9PjFfgJ) To_~19l!
This assistance is subject to terms and conditions attached to this award notiCE or by incorporated reference in program
legislation cited above.
~7. RECIPIENT-SIGNATORY-OFFICiAC(Narne anct-fi11Qi bATE
N.lA N!A
iia;:t,"MA-~(GI!ATQRY-OFFjclAL(Narne-"nd'Tri.~j
Arlyce Powell
D-ATE
05-FEB-07
CITY OF ROANOKE
OFFlCE OF THE CITY CLERK
215 Church Avenue. S. W.. Room 456
Roanoke. Virginia 24011-1536
Telephone: (540) SSJ.2541
1-=3.\: (540) ~53-1145
E-mail' ..::lelk0'h")all(lkc\'a.~o\'
SHEILA 'i. HAJ(nl,11'
A5Sisti1111 City Clerk
STEI'HMHE ~1. MOO'i. Ole
Cit)'lIeTk
March 7, 2007
File #60-236-293-336
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Resolution No.3 7700-030507 accepting the Marketing
Leverage grant made to the City from the Virginia Tourism Corporation, and
authorizing execution of any required documentation on behalf of the City.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting, which was held on Monday, March 5, 2007.
Sincerely,
J;.q:1 ~~: ~ In. rrcOthV
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
Richard Salzberg, Arts Festival Manager
r'-(
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of Mk~reh. 2007.
No. 37700-030507.
A RESOLUTION accepting the Marketing Leverage grant made to thc City from thc
Virginia Tourism Corporation, and authorizing execution of any requircd documentation on
bchalf of the City.
BE IT RESOLVED by thc Council ofthc City of Roanoke as follows:
I. Thc City of Roanoke does hereby acccpt the Marketing Leverage grant offered by
the Virginia Tourism Corporation in the amount of 525,000 upon all the terms, provisions and
conditions relating to thc receipt of such funds. The grant, which requires a $50,000 2-for-1
match by the City, is more particularly describcd in the lettcr of the City Manager to Council,
dated March 5, 2007.
2. Thc City Manager and the City Clerk are hereby authorized to execute, seal, and
attest, respectively, any grant agreement and all necessary documcnts required to obtain, acccpt,
implement, administer, and use the grant, all such documents to be approved as to form by the
City Attorney.
3. The City Manager is further directcd to furnish such additional infonnation as
may be required in connection with the City's acceptance of this grant.
ATTEST:
~ rn.lYJbt1w
" City Clerk.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21:" Church A Vl'IlUC. S. \V.. Room 456
Rllal1ok~. Virginia ~4011-15J6
Tt'lt:phClllt': 15.l!).l K53-25-l-1
FJx: i5-1!l) ~5~ I loot)
[-Ill.lil: dl~rk l.B'rLlanlll'~'\"J.g()\
SHEIL."~. HARnl.~~
r\:',~lstallt City Ckrk
O%~-;:....
fA-J' 4!l .~"'t~
."~"~"'"
r...... ~
", ~
.~~ "
STFPHA~IE M. \10UK. nlc
CuyCll:rk
March 7, 2007
File #60-236-293-336
Jesse A. Hall
Director of Finance
Roanoke, Virginia
Dear Mr. Hall:
I am attaching copy of Budget Ordinance No. 37701-030507 appropriating
funds from the Commonwealth of Virginia for the Virginia Tourism Corporation
Marketing Leverage Funds Program, and amending and reordaining certain
sections of the 2006-2007 General and Grant Funds Appropriations.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, March 5, 2007, and is
in full force and effect upon its passage.
Sincerely,
~m.hJo~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Darlene L. Burcham, City Manager
Sherman M. Stovall, Director, Office of Management and Budget
Richard Salzberg, Arts Festival Manager
~" ':>
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 5th day of March, 2007.
No. 37701-030507.
AN ORDINANCE to appropriate funding from the Commonwealth of Virginia
for the Virginia Tourism Corporation Marketing Leverage Funds Program, amending
and reordaining certain sections of the 2006-2007 General and Grant Funds
Appropriations, and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke that the following
sections of the 2006-2007 General and Grant Funds Appropriations be, and the same
are hereby, amended and reordained to read and provide as follows:
General Fund
Appropriations
Transfer to Grant Fund
Arts Festival Anniversary Celebration -
Professional Services
01-250-9310-9535
01-300-1213-2010
S 50,000
(50,000)
Grant Fund
Appropriations
Advertising
Revenues
VA Tourism Marketing FY07 - State
VA Tourism Marketing FY07 - Local
35-300-9701-2015
75,000
35-300-9701-9701
35-300-9701-9702
25,000
50,000
Pursuant to -the provisions of Section 12 of the City Charter, the second reading
of this ordinance by title is hereby dispensed with.
ATTEST:
~ ~ rn. rr-;OUY\;
City CJerk,
.. l ,~-",~,:.~'~~:~i{t.".".
((:-',;""411" ,,' !Ii L;~i\)
';l~ '. .:~:!~
,'" .~
\.~ ....
, :'~ .
". ':~.i':;!l.II\".':'~>'"
",.",.,;--
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
Nllt'1 (.'. "I.IyhlT ~lunicip.'11 Building
21:1 Church AVl'nue, S.\V., RO~ll11 3!)-t
I{o.lllokl,. Virglni.l 241l"l 1-1391
Tvl"f1hnIlV: 1:--lll1 ~:;,_::.;.1;\
Ll': I::;.ll!) :-;:;.1_] I:;S
l.'l~Y \\'l'[': \\"\\"\\",n''}:l,d.I.'\",I.):'.I\'
March 5, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: Virginia Tourism Corporation
Marketing Leverage Grant
Background:
The Virginia Tourism Corporation (VTC) Marketing Leverage Funds Program is
designed to "stimulate new tourism marketing programs through the creation
of local, area, and regional tourism partnerships," with the objective being "to
leverage limited marketing dollars, resulting in increased visitor spending." The
City applied for the grant funds for the first Roanoke Arts Festival, to be held
October 4 - 7, 2007.
On February 1, 2007, VTC awarded the City, for use for the Roanoke Arts
Festival, a maximum grant in the amount of $25,000 on a reimbursement basis
to promote the Festival regionally, statewide, and beyond. This is a "2-for-1"
matching grant which requires a $50,000 match from the City in order to take
full advantage of the grant, with the City funds coming from the Arts Festival
budget.
Recommended Action:
Accept the Virginia Tourism Corporation Grant described above and authorize
the City Manager to take such actions and execute such documents as may be
necessary to obtain, accept, implement, administer, and use such grant funds,
including execution of any required grant agreement, such documents to be in
a form approved by the City Attorney.
Honorable Mayor and Members of City Council
March 5, 2007
. Page 2
Adopt the accompanying budget ordinance to appropriate funding in the
amount of $75,000 to an account in the Grant Fund to be established by the
Director of Finance. The budget ordinance will establish a revenue estimate in
the amount of $25,000 from the Virginia Tourism Corporation, and it will
transfer funding in the amount of $50,000 from General Fund account 01-300-
121 3-2010.
Darlene L. Bu cham
City Manager
DLB:rs
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
Richard Salzberg, Arts Festival Manager
CM07-00025
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church A\'l'mJ~. S. \V.. Room 456
Roanoke. Virginia 24011-1536
Tekphone: (540185.1-2541
Fax: (5.10) 853-1 ]45
E-m;lil ~'krk@I(1Jnnke\'a.go\'
SIIEII.,\ ~. HART\IA~
As!'i.~lalll City Clerk
srEPI L\J\IE H MOOK. eMC
City Clerk
March 7, 2007
File #178-455
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37702-030507 authorizing the waiver of
the City's sovereign immunity in connection with the City's use of Valley View
Mall for the Fair Housing Board's Fair Housing Fair, and authorizing execution
of an agreement with Valley View Mall, LLC, through is agent, CBL & Associates
Management, Inc., in connection with use of Valley View Mall.
The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting, which was held on Monday, March 5,2007.
Sincerely,
!f;;;IJ~ hJ. '"10(hv
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Acting Assistant City Manager for Community
Development
Dan Webb, Acting Director of Housing and Neighborhood Services
Angie Williamson, Housing Development Specialist
j
L'-I THE COL~CU" OF THE CITY OF ROANOKE, VLRGTh;lA,
The 5th day of March, 2007.
No. 37702-030507.
A RESOLUTION authorizing the waiver ofthc City's sovereign immunity in connectiun
with the City's use of Vallcy View Mall for the Fair Housing Board's Fair l'lousing Fair, and
authorizing execution of an agreement with Valley View Mall, LLC, through its agent, CBL &
Associates Management, Inc., in connection with such use of Valley Vicw Mall.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
I. This Council hcrcbywaives its sovereign inununity with regard to thc City's use orValley
View Mall on April 14,2007, in connection with Fair Housing Fair activities.
2. The City Manager is hereby authorizcd to cxecute, for and on behalfofthc City, upon
form approved by the City Attorney, an Agreement relating to the City's use ofVallcy View i'v1aIL 011
April 14,2007, for Fair Housing Fair activities.
ATTEST:
~rn. hjo~
City Clerk.
:~:\.':"TrORNE\"\D..\r^\CL!...Ci\.\1casures\FairHo1l5i.ng u.~c ofV:llley View "'.1:1.115 19 07.duc
o%~
-
.~ .,
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S. W., Room 456
Roanoke. Virginia 24tlI I - I 536
'I\:lephonc: (5,101 H53-:!5.1]
Fax: (540) 853 1145
E-mail: clerk@roanokcva.gc'l\'
SIIEILA~. IJARTMA~
A~~i~(;Ult City Clerk
STEPIJA~IE \1. ~100N. C\1C
City Clerk
March 7, 2007
File #178-455
Darlene L. Burcham
City Manager
Roanoke, Virginia
Dear Ms. Burcham:
I am attaching copy of Ordinance No. 37703-030507 authorizing the waiver of
the City's sovereign immunity in connection with the City's use of Valley View
Mall for Citizen Appreciation Day, and authorizing execution of an agreement
with Valley View Mall, LLC, through is agent, CBL & Associates Management,
Inc., in connection with use of Valley View Mall.
The above referenced measure was adopted by the Council of the City of
Roanoke at a regular meeting, which was held on Monday, March 5, 2007.
Sincerely,
;;tW.~ 'rYJ. h)06'n./
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Attachment
pc: Jesse A. Hall, Director of Finance
Sherman M. Stovall, Director, Office of Management and Budget
R. Brian Townsend, Acting Assistant City Manager for Community
Development
R. B. Lawhorn, Co-Chair Service Excellence Committee
rt-f
~
I.:-.J THE COUNCIL or THE CITY OF ROM":OKE, VIRGlNL\
The 5th day of March, 2007.
No. 37703-030507.
A RESOLUTION authorizing the waiver of the City's sovereign immunity in cOlmection
with the City's use of Valley View Mall for Citizen Appreciation Day, and authorizing execution of
an agreement with Valley View Mall, LLC, through its agent, CBL & Associates Management, Inc.,
in connection with such use of Valley View Mall.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
I. This Council hereby waives its sovereign immunity with regard to the City's LIse of
Valley View Mall on May 19, 2007, in connection with its Citizen Appreciation Day activities, as set
forth in the City Manager's letter to this Council dated March 5, 2007.
..,
The City Manager is hereby authorized to execute, for ,md on behalf of the City, upon
.
foml approved by the City Attorney, an Agreement relating to the City's use of Valley View Mall on
May 19,2007, for Citizen Appreciation Day activities.
ATTEST:
tJ;ffI ~ hi. rr--p~
, City Clerk.
K:\MeaslRs\Cilizcns Apprc Day 2007 Valley View Mall.doc
CITY OF ROANOKE
OFFICE OF THE CITY MANAGER
!\oL'l C. Ta\'l\lr \lunicip,,1 Building
215 Chun.:h .'\ \'enlH.', S. \V., ROlHll 36..J.
H.l..hllltlk(" Virginicl 24{1U-15LJI
Tl'k'~'iH"1t,: {,-l,ilj ....:;~-~:\ \ >
1',1': I ::;"+111 ,-.::;.~ II J....
l"i:v \\\'l~: \\'\\'\\'.n',lll'lk"\'<l.~\I\"
March 5, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason, Council Member
Honorable Brian J. Wishneff, Council Member
Subject:
Rental Agreements for Citizen
Appreciation Day and Fair
Housing Fair
Dear Mayor Harris and Members of City Council:
The City's Fair Housing Board is planning to sponsor a Fair Housing Fair at
Valley View Mall on Saturday, April 14, 2007. The owners of the mall, CBL &
Associates Management, Inc., require that the City execute an agreement in
order to use the mall. This agreement contains a provision which requires that
the City agree to indemnify and hold harmless CBL, and to defend it, in the
event that anyone is injured or anything is damaged during the City's use of the
premises. Only City Council can waive the City's sovereign immunity and agree
to such a provision. CBL is not willing to delete this provision.
The City's Service Excellence at Work Committee is planning to sponsor the
City's Citizen Appreciation Day at Valley View Mallon Saturday, May 19, 2007.
The owners of the mall, CBL & Associates Management, Inc., require that the
City execute an agreement in order to use the mall. This agreement contains a
provision which requires that the City agree to indemnify and hold harmless
CBL, and to defend it, in the event that anyone is injured or anything is
damaged during the City's use of the premises. Only City Council can waive the
City's sovereign immunity and agree to such a provision. CBL has again
declined to delete this provision.
Honorable Mayor and Members of City Council
March 5, 2007
Page 2
Attached is a resolution which authorizes a waiver of the City's sovereign
immunity and authorizes the City Manager to execute both of these
agreements, such agreements to be approved as to form by the City Attorney.
Recommended Action(s):
Approve the accompanying resolution and authorize the City Manager to
execute these agreements.
Respectfully submitted,
Darlene L. B rcham
City Manager
DLB:rbl
c: Stephanie M. Moon, City Clerk
William M. Hackworth, City Attorney
Jesse A. Hall, Director of Finance
R. Brian Townsend, Acting Asst. City Manager for Community Dev.
Dan Webb, Acting Director of Housing and Neighborhood Services
Angie Williamson, Housing Development Specialist
R. B. Lawhorn, Co-Chair Service Excellence Committee
CM07-00026
CITY OF ROANOKE
DEPARTMENT OF fiNANCE
215 Church A,emle, S.W.. Room 461
P.O. II", 1220
Roanoke, V il'ginia 2"'006-1220
Telephone: 1"40) X53-2821
fax: 15401 853-6142
A:'IIl\; H. SUA WVER
Ilr]lllty Dil"rrtnr
~'l11ai:. an:1 ;;h.lw\"::r",; ..:i.l~,.lndl.c.\"1 a~
.JESSE A. HALL
Uircclnl' IIr Fillnnrr
l'm;d !~,~~ ~;al:.ii\'1 r'\lIh'J...C V.l.llS
March 5, 2007
Honorable C. Nelson Harris, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable Alfred T. Dowe, Jr., Council Member
Honorable Beverly T. Fitzpatrick, Jr., Council Member
Honorable Sherman P. Lea, Council Member
Honorable Gwendolyn W. Mason. Council Member
Honorable Brian j. Wishneff, Council Member
Dear Mayor Harris and Members of City Council:
Subject: January Financial Report
Attached is the monthly financial report through January, with discussion of revenue and
expenditure trends for the first seven months of the fiscal year. The overall economy is still
exhibiting reasonable growth with low inflation and relatively low interest rates. The consumer
price index remained at 2.6 percent for calendar year 2006, and the Federal Reserve left the
benchmark federal funds rate unchanged at 5.25 percent at their January meeting. The City had
no major tax due dates in January or February. Our business license tax was due March I. and we
will provide' an update with the next monthly financial report regarding its performance. In
summary, our general fund revenues and expenditures are trending reasonably close to the
budgetary projections.
gevelllles
Roanoke's fiscal year 2007 adopted budget anticipates revenue growth of 7.1%. General fund
revenues grew 9.3% through January in part due to a significant delinquent tax billing. Adjusted
for this one-time occurrence, revenues grew 7.2% through the first seven months of the fiscal year.
Most revenues are growing as anticipated, taking into account that the due dates for two of our
major taxes, business license and personal property, are in the second half of the fiscal year.
Detaiied comments on budgetary variances for our major revenues are addressed as follows:
General Property Taxes increased 14.7% due in part to a large Machinery and Tools tax delinquent
billing processed in the current fiscal year. Adjusted for this difference, revenues in this category
inueased 9.1 ~,.; primarily as a result of growth in reassessments and new construction. The first
semi,annual installment of the real estate tax was due October 5, with a second payment due
April 5, 2007. This tax is expected to grow by approximately 7.6% in FY 2007, and actual growth
met this expectation for the first seven months of the fiscal year.
Other I.ocal Taxes increased 4.6% in the current fiscal year. Contributing to this growth is the
Cigarette Tax increase from 27 cents to 54 cents per twenty pack effective July 1, 2006. This rate
is comparable to that of the other urban Virginia First Cities. Although this rate increase is
contributing additional revenue, the increase in Cigarette Tax revenue is not commensurate with
the rate increase. This is due in part to higher cigarette stamp sales during the latter months of
Honorable Mayor and Members of Council
March 5, 2007
Page 2
FY06, in anticipation of the rate change, as well as an apparent significant decrease in cigarette
sales due to the rate increase. Sales tax. growth through January totals 8.4% compared to the same
period during FY06. December sales exceeded previous year sales by 5.9%, indicating a good
holiday shoPpin9 month for our retail merchants. Sales tax is performing exceedingly well on a
year.to-date basis, as performance for FY06 increased 5% compared to FY05 and sales tax
statewide through January increased 2.7% compared to the prior year. As I've mentioned in
previous reports, we are monitoring this major revenue source with guarded optimism as it trends
at a somewhat higher than normal rate. Also adding to the growth in this category are increases in
both Prepared Food and Beverage and Transient Occupancy tax revenues of 5.3% and 6.9%,
respectively.
Fines and Forfeitures increased 7.4% due in part to an increase in parking ticket revenue as the
result of more extensive use of booting and vehicle registration withholding as collection tools.
Higher revenue from General District Court fines due to an increased case load also contributed to
the variance.
Revenue from the Use of Money and Property increased 80.1 % due in part to a timing difference in
the collection of Health Department rent. In the prior year, the Health Department paid several
months rent via one-time payment but is making monthly payments in the current year. Adjusted
for this timing difference, revenues in this category increased 52.8%, or approximately S301 ,000.
which is primarily attributable to the City benefiting from higher interest rates. Additionally, the
City has re-established several leases at higher renewal rates in the current year.
Grants'in-Aid Commonwealth grew 9.0% in part due to a timing difference in the collection of
personal property tax relief revenues. During calendar year 2006, the state began distributing this
reimbursement on a pre-determined schedule rather than upon request. Adjusted for this change
in methodology, revenues increased 4.5% as a result of increased reimbursements to fund the
costs of constitutional officers, as well as an increase in funding for street maintenance and law
enforcement through HB 599. These revenues have grown as expected based on state budgetary
data. Additionally, AFDC Foster Care revenues grew. These social services revenues are directly
related to an increase in reimbursable expenditures related to adoption services.
Internal Services increased 5.2% primarily due to an increase in reimbursements for the estimated
school portion of Comprehensive Services Act expenditures.
Miscellaneous Revenue decreased 11.3% as the result of a prior year collection of flood insurance
proceeds. Adjusted for this one-time occurrence, revenues in this category increased 10.3% due in
part to reimbursement received through partnership with Virginia Western Community College for
training programs held at the Regional Fire-EMS Training Center.
,E~Renditures
General Fund obligations as a whole increased 6.4%. The FY07 expenditure budget includes
funding of approximately $1.2 million to cover contracts and purchase orders made during FY06
but not paid by the end of that year. City Council approved re-appropriation of this funding when
Honorable Mayor and Members of Council
March 5. 2007
Page 3
adopting the General Fund budget in May. Additionally, General Fund expenditures of all
departments are affected by a 4% pay raise effective July 1, 2006. Other than these items, which
affect most categories of expenditures, variances between FY06 and FY07 are addressed as
follows:
Judiciai Administration expenditures increased 11.6% due in part to an increase in the number of
juveniles housed at the Roanoke Valley Juvenile Detention Center in the current fiscal year.
Public Safety expenditures increased 9.1 % due to the aforementioned pay raise, as well as an
increase in the cost of prison health care services and food.
Health and Welfare expenditures increased 9.3% primarily due to higher foster care and special
needs adoption expenditures as a result of a higher rate of child placement. An increase in the
Health Department subsidy also contributed to the variance.
Parks, Recreation, and Cultural expenditures grew 8.8% due in part to the aforementioned pay
raise. An increase in workers compensation expenditures also contributed to the variance.
Community Development expenditures increased 5.4% due to the movement of Department of
Management and Budget personnel to Housing and Neighborhood Services.
Transfer to Debt Service Fund expenditures decreased 11.0% primarily as a result of a timing
difference in principal and interest payments. Payments were remitted for the 2003, 2004A, and
2004B bond issuances on January 31 ,. in the prior year and on February 1" in the current year.
Adjusted for this variance, expenditures increased 0.4% or approximately 556,000.
Nondepartmental expenditures increased 40.5% due to an increase in the amount of undesignated
fund balance transferred to the Capital Projects, Civic Facilities, Market Building, and Grant funds.
These transfers fluctuate from year to year based on the needs of each fund and availability of
fund balance.
Sincerely,
C;)~;,",'_/ A. I*-~
Jesse A. Hall
Director of Finance
JAH:DLH:ca
Honorable Mayor and Members of Council
March 5, 2007
Page 4
Attachments
c: Darlene L. Burcham, City Manager
William M. Hackworth, City Attorney
Stephanie M. Moon, City Clerk
James Grigsby, Assistant City Manager
R. Brian Townsend, Acting Assistant City Manager
Sherman M. Stovall, Director of Management and Budget
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE
Year to Date for the Period
Revised
Revenue
Estimates
9[;.878.000
69.936.000
1,236.000
1,287.000
689.000
63.842.645
38.000
8.581.035
2,803.000
629.000
$ 239.919,680
Current Fiscal Year
Percent of
Revenue
Estimate
Received
43.0%
40.4%
53.3%,
68.7%
149.0%
42.3C,k
a.Do/e
58.9%
61.7%
44.7%
43.3%
Revenue Source
General Property Taxes
Other Local Taxes
Permits, Fees and Licenses
Fines and Forfeitures
Revenue from Use of Money and Propert}
Grants-In-Aid Commonwealth
Grants-in-Aid Federal Governmenl
Charges for Services
tnternal Services
Miscellaneous Revenue
Total
July 1 . January 31
2005-2006
S 34,03S.491
27.002.111
668.198
823.324
569.884
24,759.308
19.364
5.254.151
1.643.639
317.443
$ 95,092,933
July 1 - January 31
2006-2007
S 39.038.231
26.241 ,663
659.185
Be-3,91!
1.026.566
26.978.528
5.051.746
1,728,117
281,440
$ 103.890.393
Percentage
of Change
14 T % oS
4.6 %
-1.3 %
7.4 clc
80.1 %
9.0 %
-%
.3.9 %
5.2 %
-11.3 %
9.3 %
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period
Current Fiscal Year
Percent of
July 1 - January 31 July 1 - January 31 Percentage Unencumbered Revised Budget
Expenditures 2005-2006 2006-2007 of Change Balance Appropriations Obligated
General Government S 7.036.988 S 7.140811 1.4 % S 5.645.071 S 12.785.982 55.8OA:
Judicial Administration 3.854.445 4.~10r;.7B3 11.6 % 3.350,803 7.65' .586 56.2%,
Public Safety 33.676.569 36.725.062 91 % 23.532.999 60.268.061 61.0%
Public Works 14.365,753 14.92e.L'f/7 39 % 10.107,212 2f-.035.509 59.6%
Health and Welfare 18.601.117 20.336.993 93% 14.110,906 34.447.899 59.0%
Parks, Recreation end Cultural 5.805567 6.314AOb 88 tA: 4.602.019 10,816.427 57.8%.
Community Development 3.!iElO.02i 3.773.962 5.4 % 2,354.000 6.'27.962 61.6%
Transfer to Debt Service Fund 15.~55.7e.8 :;:-.845.566 -11.0 "A: 5.397.004 19.242.572 720%
1 ransfer to School Fund 32 5~6.363 :'';.552 Ol~ e..O %.. 24.064.707 5t 616.7t5 5fl.9ck
Nondepartmental 5.069.136 7.120.501 40.5 "Ie; 2.949,307 10.069.808 70.7%
Total $ 140,145.754 S 149,048,563 6.4 % S 96,114.028 $ 245,162.591 60.8%
CITY OF ROANOKE, VIRGINIA
CIVIC FACILITIES FUND
COMPARATIVE INCOME STATEMENT
FOR THE SEVEN MONTHS ENDING JANUARY 31, 2007
FY 2007 FY 2006
Operating Revenues
Rentcds S 293.902 c:: 282.659
v
Event Expenses 116,537 61.600
Display Advertising 73.002 93,669
Admissions Tax 126,060 160,645
Electrical Fees 11,458 6,255
Novelty Fees 8.942 31,411
Facility Surcharge 97.988 130.059
Charge Card Fees 28.997 32,717
Commissions 28,906 22,406
Catering/Concessions 342,457 396,723
Other 425 6,064
Total Operating Revenues 1.128,674 1,224,208
Operating Expenses
Personal Services 1.175,070 1.171.654
Operating Expenses 849.748 1,047,493
Depreciation 303.653 325.507
Total Operating Expenses 2.328,471 2,544,654
Operating Loss (1,199.797) (1.320,446 )
Nonoperating Revenues (Expenses)
Interest on Investments 15.644 28,600
Transfer from General Fund 1,553.994 803.346
Transfer from General Fund - VS 125.841
Transfer to Debt Service Fund (47,059) (47.809)
Interest and Fiscal Charges (54,239) (54,799)
Arena Ventures Contractural Penalties 133,585
Viper Hockey Performance Bond 65.254
Miscellaneous 7,217 2.772
Net Nonoperating Revenues 1,540,811 991,536
Net Income/(Loss) $ 341,014 $ (328,910)
2
CITY OF ROANOKE, VIRGINIA
PARKING FUND
COMPARATIVE INCOME STATEMENT
FOR THE SEVEN MONTHS ENDING JANUARY 31, 2007
FY 2007 FY 2006
Operating Revenues
Market Garage $ 228.084 S 246.867
Elmwood Park Garage 303.217 307.937
Center in the Square Garage 124.906 125.761
Church Avenue Garage 378.886 373.311
Tower Garage 288.477 264.815
Gainsboro Garage 62.924 71.869
Williamson Lot 46.206 49.426
Noriolk Avenue Lot 15,673
Higher Ed Center Lot 29.805 26.245
Market Lot 18.833 26,600
Elmwood Lot 47,110 47,168
Warehouse Row Lot 17.369 13.586
West ChurchfYMCA Lots 15.324 18.664
Total Operating Revenues 1.561.141 1.587.922
Operating Expenses
Operating Expenses 629.315 652,068
Depreciation 329.833 337.721
Total Operating Expenses 959.148 989.789
Operating Income 601,993 598,133
Nonoperating Revenues (Expenses)
Interest on Investments 81.958 47.017
Miscellaneous 43.997
Interest and Fiscal Charges (164.980) (175.094)
Net Nonoperating Expenses (39,025) (128.077)
Net Income $ 562,968 $ 470,056
3
CITY OF ROANOKE, VIRGINIA
MARKET BUILDING FUND
COMPARATIVE INCOME STATEMENT
FOR THE SEVEN MONTHS ENDING JANUARY 31, 2007
FY 2007 FY 2006
Operating Revenues
Retail Space Rental $ 154.739 $ 140.263
Total Operating Revenues 154.739 140.263
Operating Expenses
Operating Expense 158,110 165,568
Depreciation 6.006 4.540
Total Operating Expenses 164.116 170,108
Operating Loss (9,377) (29.845)
Nonoperating Revenues
Interest on Investments 11.268 2.241
Transfer from Capital Projects Func 474.300
Transfer from General Fund 280,500 17,500
Miscellaneous 130
Net Nonoperating Revenues 766.068 19.871
Net Income/(Loss) $ 756,691 $ (9,974)
4
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED JANUARY 31, 2007
TO THE DIRECTOR OF FINANCE'
GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINI/.
FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED JANUARY 31, 2007
CONSOLIDATED FUNDS
BALANCE AT
DEC 31, 2006
$88.209.754 14
RECEIPTS
$24,745.421.71
DISBURSEMENTS
$36,428.99240
BALANCE AT
JAN 31, 2007
$76,526,183.45
BALANCE AT
JAN 31, 2006
$70.224,741 04
CERTIFICATE
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY
TO THE CITY OF ROANOKE VIRGINIA. FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF
FOR THE MONTH ENDING JANUARY 31,2007. THAT SAID FOREGOING.
CASH
CASH IN HAND
CASH IN BANK
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
COMMERCIAL HIGH PERFORMANCE MONEY MARKET
COMMERCIAL PAPER
LOCAL GOVERNMENT INVESTMENT POOL
MONEY MA.NAGEMENT ACCOUNT
U S. AGENCIES
VIRGINIA AIM PROGRAM IU. S. SECURITIES)
VIRGINIA SNAP PROGRAM iU. S SECURITIES)
TOTAL
$9,859,56
4,685,245.89
1,050.000.00
3.420.006.46
19.945,212.62
10.387,071,52
12,500,000.00
17,229,780.66
7,299,006.74
$76,526,183.45
,-(;...,"'-
..' /
FEBRUARY 16, 2007
~,._- ./ /
(",:"-?/J/J/ Ii; 7J/L{~'iC' ....
lEVEL YN W. POWERS. TREASURER
5
CITY OF ROANOKE PENSION PLAN
STATEMENT OF CHANGES IN PLAN NET ASSETS
FOR THE SEVEN MONTHS ENDED JANUARY 31, 2007
FY 2007 FY 2006
Additions:
Employer Contributions $ 6,140,261 S 4.602.022
Investment Income
Net Appreciation in Fair Value of Investments 27,439,808 23.885.962
Interest and Dividend Income 9,312,614 3,433,327
Total Investment Income 36.752,422 27.319,289
Less Investment Expense 201,339 141,614
Net Investment Income 36,551,083 27,177,675
Total Additions $ 42,691,344 $ 31,779.697
Deductions
Benefits Paid to Participants
Administrative Expenses
Total Deductions
S 13,576,433 S 12,525.362
303,079 295,189
$ 13,879,512 $ 12.820,551
28,811,832 18,959,146
Net Increase
Net Assets Held in Trust for Pension Benefits:
Fund Balance July 1
Fund Balance January 31
334,232,043
$ 363,043,875
318,675,367
$ 337,634,513
6
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
JANUARY 31, 2007
FY 2007 FY 2006
Assets
Cash S 826,295 S 279,340
Investments, at Fair Value 364,211 ,228 339.180,109
Due from Other Funds 2.433 1,431
Total Assets $ 365,039,956 $ 339,460,880
Liabilities and Fund Balance
Liabilities:
Due to Other Funds S 1,962,423 S 1.824,197
Accounts Payable 33,658 2,170
Total Liabilities 1.996,081 1.826,367
Fund Balance:
Fund Balance, July 1 334,232,043 318,675,367
Net Gain - Year to Date 28,811,832 18,959,146
Tolal Fund Balance 363,043,875 337,634,513
Total Liabilities and Fund Balance $ 365,039,956 $ 339,460,880
7
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church.-\. "('lIl1e. S. \\'., Room 015(,
Roanoke. Virginia 241111-1536
Telephone: (540) 85.\-2:-41
Fax: (540) 853-1145
E-mail: dcrk@:roannke\"II.gO\'
SHEILA N. HARnIA~
Assistant Cit)' Cll'rk
STEPHAKIE M. \100N. DIe
Cil)' Clerk
March 13, 2007
File #11 0-448
Ms. Melinda Mayo
Public Information Officer
Roanoke, Virginia
Dear Ms. Mayo:
At a regular meeting of the Council of the City of Roanoke which was held on
Monday, March 5, 2007, you were appointed as the City Manager's designee to the
Roanoke Valley Regional Cable Television Committee, effective March 5, 2007.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing
copy of the Virginia Freedom of Information Act.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for your willingness to serve the City of Roanoke as the City Manager's
designee to the Roanoke Valley Regional Cable Television Committee.
Sincerely,
~'^'^.~
Stephanie M. Moon, CMC
City Clerk
SMM:ew
Enclosure
pc: Robert R. Altice, Chair, Roanoke Valley Regional Cable Television Committee,
616 South Maple Street, Vinton, Virginia 24179
Darlene Bailey, Secretary, Roanoke Valley Regional Cable Television
Committee, 311 South Pollard Street, Vinton, Virginia 24179
Mary V. Brandt, Secretary, Roanoke Valley Regional Cable Television
Committee, P. O. Box 29800, Roanoke, Virginia 24018
Elaine Simpson, Director, RVTV, 541 Luck Avenue, S. IN., Suite 145, Roanoke,
Virginia 24016
K:\(\ath and leaving service\Roanokl' Valley Regional Callie Tclc\'i$I(11l Commillcc-IJ\1clinda Mayo.doc