HomeMy WebLinkAboutCouncil Actions 09-20-10
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38947-092010
ROANOKE CITY COUNCIL
REGULAR SESSION
SEPTEMBER 20,2010
2:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
1. Call to Order--RolI Call. All Present.
The Invocation was delivered by The Reverend Kenneth P. Lane, Pastor,
Trinity Lutheran Church.
The Pledge of Allegiance to the Flag of the United States of America was led
by Mayor David A. Bowers.
Welcome. Mayor Bowers.
NOTICE:
Today's Council meeting will be televised live and replayed on RVTV Channe/3 on
Thursday, September 23 at 7:00 p.m., and Saturday, September 25 at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing impaired.
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.
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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.CLlCK ON THE GOVERNMENT
ICON.
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.
PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO
CONTACT 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 MAY
CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S
HOMEPAGE TO OBTAIN AN APPLICATION.
THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR
THE FOLLOWING CURRENT OR UPCOMING VACANCIES:
ROANOKE NEIGHBORHOOD ADVOCATES - ONE VACANCY
ECONOMIC DEVELOPMENT AUTHORITY - ONE VACANCY
FAIR HOUSING BOARD - ONE VACANCY
LOCAL BOARD OF BUILDING CODE APPEALS - ONE VACANCY
THE CITY OF ROANOKE IS CURRENTLY ACCEPTING NOMINATIONS FOR
THE 2010 CITIZEN OF THE YEAR. CONTACT THE CITY CLERK'S OFFICE OR
ACCESS THE CITY'S HOMEPAGE TO OBTAIN A NOMINATION FORM.
DEADLINE FOR RECEIPT OF NOMINATIONS IS FRIDAY, SEPTEMBER 24,
2010.
Council sent get well wishes to Andrea Johnson, Administrative Assistant,
City Clerk's Office.
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2. PRESENTATIONS AND ACKNOWLEDGEMENTS:
A Proclamation declaring September 27,2010 as Family Day - A Day to Eat Dinner
With Your Children.
Presentation of the Excellence Achievement Award for Financial Reporting to the
Director of Finance and Staff.
Presented plaque to the Director of Finance and staff.
3. HEARING OF CITIZENS UPON PUBLIC MATTERS:
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE
HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE
REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT
TO COUNCIL.
Robert Gravely
4.
CONSENT AGENDA
(APPROVED 7-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE
ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF
THE ITEMS. IF DISCUSSIONIS DESIRED, THE ITEM WILL BE REMOVED
"FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1 Minutes of the regular meetings of Council held on Monday, July 19, 2010
and Monday, August 2,2010.
RECOMMENDED ACTION: Dispensed with the reading of the minutes
and approved as recorded.
C-2 Minutes of the Audit Committee meeting held on Wednesday, September 1,
2010.
RECOMMENDED ACTION:
Received and filed.
\
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C-3 Reports of qualification of the following individuals:
Jeff S. Philips as a member of the Youth Services Citizen Board for a
term ending May 31,2012;
Richard F. Walters as a member of the Roanoke Civic Center
Commission for a term of three years ending September 30, 2013;
Marion Vaughn-Howard as a member of the Youth Services Citizen
Board for a term ending May 31,2012; and
Rena E. Cromer and Anthony S. Tate as members of the Roanoke
Neighborhood Advocates for terms ending June 30, 2013.
RECOMMENDED ACTION: Received and filed.
REGULAR AGENDA
5. PUBLIC HEARINGS: NONE.
6. PETITIONS AND COMMUNICATIONS:
a. Request of Total Action Against Poverty to share information regarding
Sustainable Energy Resources for Consumers (SERC). Rick Sheets,
Director, Energy Conservation and Rehabilitation, Spokesperson.
(Sponsored by Council Members Lea and Rosen)
Comments received and filed.
7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY
MANAGER:
a. CITY MANAGER:
BRIEFINGS:
· Countryside Property Reuse
30 minutes
At 4:00 p.m., the Council meeting was declared in recess.
At 4:15 p.m., the Council Meeting reconvened in the Council Chamber, with
Mayor Bowers presiding and all Members of the Council in attendance.
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At this point, the Mayor advised that the Council would conduct public
interviews with Timothy Witten and Russ Barksdale for consideration to fill the
vacancy on the Roanoke Redevelopment and Housing Authority created by the
expiration of the term of office of Cheryl Miller on August 31, 2010, adding that the
position is a four-year term of office ending August 31, 2014, and will be televised
live. Inasmuch as Mr. Witten has an illness in his family, the Council agreed to grant
him a public interview during the 7:00 p.m. session of the Council.
ITEMS RECOMMENDED FOR ACTION:
1. Execution of Amendment No.2 to the FY 2009 CDBG/HOME-funded
Agreement with Habitat for Humanity in the Roanoke Valley, Inc., for
housing activities in the City's Hurt Park Neighborhood.
Adopted Resolution No. 38947-092010 (7-0).
COMMENTS BY CITY MANAGER.
The City Manager provided an update regarding the Parks and Recreation
Greenway Courtesy check point in Smith Park; and announced that the
Prescription Take Back Drug Enforcement would be held on September 25
from 10:00 - 2:00 p.m., at the Civic Center, and Halloween would be
observed on Sunday, October 31, 2010, as well as activities sponsored by
Downtown Roanoke, Inc., on Saturday, October 23,2010.
b. CITY CLERK:
1. A communication advising of the expiration of the two-year terms of
office of the City Attorney, City Clerk, Director of Finance and
Municipal Auditor on September 30,2010.
Council / reappointed William Hackworth, City Attorney;
Stephanie Moon, City Clerk; Ann Shawver, Director of Finance;
and Drew Harmon, Municipal Auditor, for terms of two-years,
each, commencing October 1, 2010 and ending September 30,
2012.
8. REPORTS OF COMMITTEES:
a. A report of the Roanoke City School Board requesting appropriation offunds
for various educational programs; and a report of the Director of Finance
recommending that Council concur in the request. Kathryn K. Fox, Lead
Accountant, Spokesperson.
Adopted Budget Ordinance No. 38948-092010 (7-0).
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9. UNFINISHED BUSINESS: NONE.
10. INTRODUCTION AND CONSIDERATION OF ORDINANCES
AND RESOLUTIONS:
a. A resolution reappointing A. Damon Williams as a Director of the Economic
Development Authority for the City of Roanoke for a term of four years
commencing October 21,2014.
Adopted Resolution No. 38949-092010 (7-0).
b. A resolution designating a Voting Delegate and Alternate Voting Delegate
for the Annual Business Meeting of the National League of Cities on
Saturday, December 4,2010, in Denver, Colorado.
Withdrawn.
11. MOTIONS AND MISCELLANEOUS BUSINESS:
a. Inquiries and/or comments by the Mayor and Members of City Council.
A communication from Ralph Fuller Community Band was referred to
the City Manager for review and consideration.
b. Vacancies on certain authorities, boards, commissions and committees
appointed by Council. None.
At 4:50 p.m., the Mayor declared the Council meeting in recess until 7:00 p.m.,
in the Council Chamber.
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ROANOKE CITY COUNCIL
REGULAR SESSION
SEPTEMBER 20,2010
7:00 P.M.
CITY COUNCIL CHAMBER
AGENDA
Call to Order--RolI Call. All Present.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was led
by Boy Scout Troop No. 17, St. John's Episcopal Church.
Welcome. Mayor Bowers.
The Council sent get well wishes to Andrea Johnson, Administrative
Assistant, City Clerk's Office.
NOTICE:
Tonight's Council meeting will be televised live and replayed on RVTV Channel 3
on Thursday, September 23 at 7:00 p.m., and Saturday, September 25 at 4:00 p.m.
Council meetings are offered with closed captioning for the hearing impaired.
A. PRESENTATIONS AND ACKNOWLEDGMENTS:
Recognition of U. S. Kids Care participants.
Presented certificates to the participants.
Recognition for Outstanding Preservation/Renovation Projects by the Architectural
Review Board. Erica Taylor, Agent.
Certificates were presented by the ARB.
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B. PUBLIC HEARINGS:
1. Request of Home Depot U.S.A., Inc., to amend Proffered Condition No. 14
and repeal Proffered Condition No. 17 in connection with the property
/
located at 4176 Franklin Road, S. W. Mary Trott, Agent, Spokesperson.
Adopted Ordinance No. 38950-092010 (7-0).
2. Request of Iglesia De Dios Pentecostal M.1. to rezone property located at
3454 Cove Road, N. W., from R-7, Residential Single Family District, to IN,
Institutional District, subject to certain proffered conditions. David E. Greer,
Agent, Spokesperson.
Adopted Ordinance No. 38951-092010 (7-0).
3. Request of Scott and Ascension Horchler to rezone property located at 1321
Morningside Street, S. E., from ROS, Recreation and Open Space District, to
MXPUD, Mixed Use Planned Unit Development District. Scott Horchler,
Spokesp~rson.
Adopted Ordinance No. 38952-092010 (7-0).
4. Request of the City of Roanoke Planning Commission to amend the City
Code in order to permit residential uses to be located on the first floor of a
mixed-use building in the MXPUD District. Christopher L. Chittum, Agent,
Spokesperson.
Adopted Ordinance No. 38953-092010 (7-0).
C. OTHER BUSINESS:
1. A communication from the City Manager recommending termination of the
Redevelopment Plan for the Hurt Park Community Development Project.
Adopted Resolution No. 38954-092010 (7-0).
2. A communication from the City Manager recommending termination of the
Redevelopment Plan for the Deanwood Community Development Project.
Adopted Resolution No. 38955-092010 (7-0).
3. A ,communication from the City Manager recommending approval of
Amendment NO.5 to the Redevelopment Plan for the Gainsboro Community
Development Program Area.
Adopted Resolution No. 38956-092010 (7-0).
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D. HEARING OF CITIZENS UPON PUBLIC MATTERS:
. CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE
HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE
REFERRED IMMEDIATELY FOR RESPONSE, RECOMMENDATION OR REPORT
TO COUNCIL.
Chris Craft - repairs needed at Elmwood Parking Garage.
At this point, the Council conducted a public interview with Timothy Witten for
consideration to fill the vacancy created by the expiration of the four-year
term of office of Cheryl Miller as .a Commissioner of the Roanoke
Redevelopment and Housing Authority on August 31, 2010.
E. ADJOURNED - 8:08 p.m.
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Office of the Mayor
CITY. OF
the use of illegal and prescription drugs and the abuse of
alcohol and nicotine constitute the greatest threats to the
well-being of America's children;
WHEREAS, 15 years of surveys conducted by The National Center on
Addiction and Substance Abuse (CASA) at Columbia
University have consistently found that the more often
children and teenagers eat dinner with their families the less
likely they are to smoke, drink and use illegal drugs;
WHEREAS, frequent family dining is associated with lower rates of teen
smoking, drinking, illegal drug use and prescription . drug
abuse;
WHEREAS, the correlation between frequent family dinners and reduced
risk for teen substance abuse is well documented;
WHEREAS, parents who are engaged in their children's lives - through
such activities as frequent family dinners - are less likely to
have children who abuse substances; and
WHEREAS, family dinners have long constituted a substantial pillar of
family life in America.
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, urge all citizens to recognize and participate in its observance
and, do hereby proclaim the fourth Monday of evel}'September,
throughout this great All-America City, as
FAMIL Y DA Y - A DA Y TO EA T DINNER WITH YOUR CHILDREN.
Given under our hands and the Seal of the City of Roanoke this twentieth
day of September in the year two thousand and ten.
ATTEST:
~';:;;~
City Clerk
MINUTES OF THE AUDIT COMMITTEE OF ROANOKE CITY COUNCIL
Location: Council Conference Room
Noel C. Taylor Municipal Building, Room 451 South
Date: September 1, 2010
Time: 4:00 p.m. to 5:00 p.m.
Attendees: Sherman Lea, Audit Committee Chair
Court Rosen, Audit Committee Member
David Trinkle, Audit Committee Member
Mayor David Bowers, Ex-Officio Member of the Audit Committee
Drew Harmon, Municipal Auditor
Ann Shawver, Director of Finance
Chris Morrill, City Manager
Jim Grigsby, Assistant City Manager - Operations
Brian Townsend, Assistant City Manager - Community Development
Dawn Hope Mullins, Assistant Municipal Auditor
Pam Mosdell, Information Systems Auditor
Debbie Noble, Senior Auditor
Ann Clark, Senior Auditor
Sheriff Octavia Johnson
Phil Schirmer, City Engineer
Luke Pugh, Civil Engineer II
Stephanie Moon, City Clerk
Susan Lower, Director of Real Estate Valuation
Andrea Trent, Assistant Director of Finance
1. Call to Order
Mr. Lea called the meeting to order at 4:04pm.
2. Selection of Committee Chair
Mr. Rosen nominated Mr. Lea; Mayor Bowers seconded the nomination. There were no
other nominations offered and Mr. Lea was unanimously elected chair.
3. Audit Committee Annual Report
Mr. Lea briefly reviewed the report and commented that the year went well for the
committee. He asked for additional comments and questions. There were none and
the Committee voted to forward the report to the Clerk's office for placement on the
Audit Committee Minutes
September 1, 2010
September City Council consent agenda.
4. Code Enforcement Follow-up Audit
This audit served as a follow up to findings identified in the March 2009 Code
Enforcement report. Community concerns with enforcement of weed, trash, and
property maintenance ordinances, as well as the timelines involved with remedying
issues, prompted Municipal Auditing to schedule a separate, early follow up audit. The
outcome of the report was favorable. Mr. Harmon highlighted some of the notable
findings:
. A complete and comprehensive set of policies and procedures have been
developed and provide a good foundation for future improvements in enforcing
weed, trash, and property maintenance codes.
. Two Senior Inspector positions were created that help ensure consistency in how
Inspectors enforce the code.
. A measure of housing conditions was identified in Real Estate Valuation. Real
Estate Appraisers visit each house in the City over a four (4) year cycle to
evaluate condition. This information provides an excellent gauge of the health of
the City's housing stock. The data indicated that 95% of the city's residential
properties were in average or better condition. The Code Enforcement Division
plans to review the houses evaluated by Appraisers to be in poor condition and to
cite those properties as appropriate.
. Code Enforcement and Technology staff have invested significant time in
improving Property Maintenance screens in the Accela system which will help
facilitate work. These improvements are expected to be completed by December
31,2010.
The Mayor asked about the inconsistency of control dates [go-live dates for
improvements to various Accela modules] in the report. Mr. Harmon responded that it
was normal for changes to be implemented over the course of time. He noted that the
Auditing department will follow up on audit findings annually until they are resolved.
Mr. Rosen and Mr. Lea both commented that the progress in Code Enforcement over
the last year and a half has been impressive.
Dr. Trinkle commented on the positive impact realized when the Neighborhood
Coordinator began sending the court docket to neighborhood representatives. This has
encouraged people to attend court hearings and helped demonstrate to the Judges the
neighborhoods' support for enforcing the code.
Mr. Morrill commented on other related efforts:
Page 2 of 5
Audit Committee Minutes
September 1, 2010
. The Police Department has organized anumber of neighborhood walks that bring
together residents and representatives from various city departments. Crime and
its contributing factors, such as property maintenance issues, are identified during
the walks and collectively addressed.
. The Old Southwest Neighborhood Association has created a rental property sub-
committee. The City is working on a pilot 'project with this group to assemble data
and attempt to determine the root causes of neighborhood problems, as well as
identify means to address them.
. City representatives have met with the Roanoke Neighborhood Advocates group
and discussed ways of improving communication. Additionally, City staff are
developing a business case for implementing a 311 system which would better
support two-way communication with citizens. Such a system would require one
to two years to fully implement, as well as a significant monetary investment.
The only 311 system in the Commonwealth is thought to be in Hampton.
The committee further discussed general aspects of how a 311 system works and the
benefits of partnering with other localities. A regional system would be ideal.
The Code Enforcement Follow-up report was received and filed.
5. Roanoke River Flood Reduction Audit
The Roanoke River Flood Reduction project was initiated in 1988 and a Local
Cooperation Agreement was signed with the Army Corps of Engineers [Corps] in 1990.
At the request of the City's Engineering Division, Municipal Auditing staff worked with
Corps personnel to validate the Corps' August 2009 request for $1.2 million in additional
project funds. Based on available information the request was deternlined to be
adequately supported by the Corp's accounting records.
The audit report offers recommendations for potential project accounting and
communication improvements. The scope and scale of the project, the span of time
involved, and the complexities of cooperation agreement contributed to the reportable
issues. Mr. Harmon noted that both the Corps and the City Engineering Division
personnel were very cooperative and supportive of the audit.
Mayor Bowers asked how the City managed the unexpected request for an additional
$1.2 million in local matching funds.
Mr. Schirmer responded that project funding is derived from a designated portion of the
City's utility tax and that the Corp's request was primarily a cash flow issue. The City
was able to identify the cash funds necessary to make the required payment. Ms.
Shawver also noted that City Council approved additional bond funding for the flood
reduction project in November.
Page 3 of 5
Audit Committee Minutes
September 1, 2010
Mr. Schirmer further explained that the flood reduction portion of the project is nearing
completion, with the final contract for benchcuts and recreational trail having already
been awarded. The Engineering Division does not anticipate additional large payments
will be required.
Dr. Trinkle commented that the report was a good summary and asked if any federal
stimulus funds for the project were lost. Mr. Schirmer replied that no stimulus funds
were lost.
The Committee discussed greenways in relation to the flood reduction project. Mr.
Schirmer reported that the project will conclude with the benchcuts and recreational
trails that stretch to Bridge Street, which are already under contract. Recreational trails
along the river required to reach Salem will not be funded as part of the flood reduction
project. The City will pursue other funding sources to complete this portion of the
greenway which is estimated at approximately two miles. .
The Mayor asked about the original project cost estimate and how it compared to final
costs. Mr. Schirmer stated that original costs were estimated at $31 million with final
project costs totaling approximately $74 million.
The Committee discussed the success of the project in reducing flood damage and
improving the recreation around the river.
The Committee received and filed the Roanoke River Flood Reduction report.
6. Sheriff's Canteen and Auxiliary Funds Audit
The Virginia Auditor of Public Accounts [APA] requires that Inmate Canteen funds be
audited annually by an external audit firm. Staff of the Municipal Auditing Department
perform the audit according to the specifications provided by the APA and the results
are reviewed by the City's independent audit firm, KPMG. No findings were noted in the
Fiscal Year 2010 audit.
A separate, independent audit of the Sheriff's internal controls is also required by the
APA. The City has contracted with Brown, Edwards and Company to perform this work.
The report related to Sheriff's internal controls will be presented at the December Audit
Committee meeting.
The Committee had no questions; the Sheriff's Canteen and Auxiliary Funds report was
received and filed.
7. City Council Expenditures - FY 2010
Page 4 of 5
Audit Committee Minutes
September 1, 2010
Per the Travel and Expense Policy for City Council, Municipal Auditing is required to
review council expenditures annually. During Fiscal Year 2010, all Council Members
sustained a spending level well within budget and there were no findings cited in the
report.
Mr. Lea thanked Ms. Moon and her staff for their work in helping to ensure Members of
Council complied with tne travel policies and procedures.
Dr. Trinkle asked about a disbursement to the Roanoke Tribune noted in the results
section of the audit report. Mr. Harmon stated that the payment was for an
advertisement congratulating the Tribune on its 715t anniversary. This disbursement
was noteworthy as it was classified as a gratuity and is paid annually. It was noted in
the report to ensure Members of Council were aware of the expenditure. Committee
members commented that the expenditure had been approved by Council.
Committee members discussed the City's Discretionary Expenditures Policy. It was
noted that government officials play an important ceremonial role in the community. A
desire that the policy be clear and consistent was expressed. Based on the discussion,
the Committee asked City staff to research model policies and to make
recommendations for improving the City's policy.
8. Call for Other Business Requiring the Committee's Attention
. Ms. Shawver shared with the Committee that the Internal Revenue Service [IRS]
has notified the Department of Finance of its intent to audit the City. Roanoke
County and the City of Salem have already been visited. The audit will likely
involve reviewing the City's files for required forms such as W-4s. IRS staff may
also look at issues such as the City's treatment of employees as contractors. The
engagement will cover Calendar Year 2008 and will take place in late Octobe~.
. Mr. Harmon proposed continuing to hold Audit Committee meetings on
Wednesdays from 4:00 p.m. to 6:00 p.m. and the following dates were confirmed
by the Committee:
March 2,2011
June 1, 2011
September 7,2011
December 7,2011
9. Adjournment
Mr. Lea adjourned the meeting at 5:01 pm.
Page 5 of 5
,
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
September 22,2010
Michael Clark, Secretary
Youth Services Citizen Board
Roanoke, Virginia
Dear Mr. Clark:
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
This is to advise you that Jeff S. Philips has qualified as a member of the Youth Services
Citizen Board for a term of office ending May ~31, 2012.
ecelj T. Webb
Assistant Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virg'inia, City of Roanoke, to-wit:
I, Jeff S. Philips, do solemnly affirm that I will support the Constitution of
the United States of America and the Constitution of the Commonwealth of
Virginia, and that I will faithfully and impartially discharge and perform all the
duties incumbent upon me as a member of the Youth Services Citizen Board for
a term of office ending May 31, 2012, according to the best of my ability (So
help me God).
/;;f
'"
Subscribed a~d sworn to before me this 3/ ~ ~ 201 O.
BRENDA S. HAMILTON, CLERK OF T E CIRCUIT COURT
~'c;
~
BY
STEPHANIE M. MOON,CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
September 22, 2010
Robyn Schon, Assistant General Manager
Roanoke Civic Center
Roanoke, Virginia
Dear Ms. Schon:
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
This is to advise you that Richard F. Walters has qualified as a member of the Roanoke
Civic Center Commission for a three-year term of office ending September 30, 2013.
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Richard F. Walters do solemnly affirm that I will support the Constitution of the
United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a member of the Roanoke Civic Center Commission for a term of three years
ending September 30, 2013, according to the best of my ability (So help me God).
iJu) T I1Jdiw
Subscribed and sworn to before me this /.$ day OfU~ 2010.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY~
~q7d-
, CLERK
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0.. :.1.. '"'. -., l 1,,' f-,~ :.J: ,J
L:\CLERK\DAT A\CKSM I \Oaths\Civic Center Commission\Richard F. Walters oath. doc
STEPHANIE M. MOON, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
September 22, 2010
Michael Clark, Secretary
Youth Services Citizen Board
Roanoke, Virginia
Dear Mr. Clark:
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
This is to advise you that Marion A. Vaughn-Howard has qualified as a member of the
Youth Services Citizen Board for a term of office ending May 31,2012.
Cecelia T. Webb
Assistant Deputy City Clerk
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Marion A. Vaughn-Howard, do solemnly affirm that I will support the
Constitution of the United States of America and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially discharge
and perform all the duties incumbent upon me as a member of the Youth
Services Citizen Board for a term ending May 31, 2012, according to the best of
. my ability (So help me God).
Subscribed and sworn to before m~ thi.v~ay ~ 2010
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
-------
, LERK
B
J
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
September 22, 2010
Robert A. Clement, Jr.
Neighborhood Services Coordinator
Roanoke, Virginia
Dear Mr. Clement:
This is to advise you that Rena E. Cromer has qualified as a member of the Roanoke
Neighborhood Advocates for a term of office ending June 30, 2013.
eaT. Webb
Assistant Deputy City C.lerk
\
K:\Oaths-Qualification\Roanoke Neighborhood Advocates\Rena E. Cromer Qualification.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Rena E. Cromer do solemnly affirm that I will support the Constitution of the
United States of America and the Constitution of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a member of the Roanoke Neighborhood Advocates for a term ending June 30,
I
2013, according to the best of my ability (So help me God).
~ ~ frr1PJ
Subscribed and sworn to before me this 11- day of~1bJJV2010.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
s@e ~Ul ~jCLERK
. j'
L:\CLERK\DAT A \CKSM 1 \Oaths\Roanoke Neighborhood Advocates\Rena E. Cromer oath. doc
"
STEPHANIE M. MOON, CMC
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
September 22,2010
Robert A. Clement, Jr.
Neighborhood Services Coordinator
Roanoke, Virginia
Dear Mr. Clement:
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
This is to advise you that Anthony S. Tate has qualified as a member of the Roanoke
Neighborhood Advocates for a term of office ending June 30, 2013.
Cece . Webb
Assistant Deputy City Clerk
K:\Oaths-Qualification\Roanoke Neighborhood Advocates\Anthony S. Tate Qualification.doc
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Anthony S. Tate do solemnly affirm that I will support the Constitution of the
United States of America and the Constjtutioll of the Commonwealth of Virginia, and
that I will faithfully and impartially discharge and perform all the duties incumbent upon
me as a member of the Roanoke Neighborhood Advocates for a term ending June 30,
2013, according to the best of my ability (So help me God).
--1~ 5. fa
. . ':iJ
Subscribed and sworn to before me this j!j day of J;!2010.
BRENDA S. HAMILTON, CLERK OF THE CIRCUIT COURT
BY ~./Y~'CLERK
L:\CLERK\DAT A\CKSM I \Oaths\Roanoke Neighborhood Advocates\Anthony S. Tate oath. doc
CITY OF ROANOKE
CITY COUNCIL
215 Church Avenue, S.w.
Noel C. Taylor Municipal Building, Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540)853-2541
Fax: (540) 853-1145
Council Members
William D. Bestpitch
Raphael E. "Ray" Ferris
Sherman p, Lea
Anita J. Price
Court G. Rosen
David B. Trinkle
DAVID A. BOWERS
Mayor
September 20, 2010
The Honorable Mayor and Members
of Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
We jointly sponsor a request of Rick Sheets, Director, Energy Conservation and
Housing Rehabilitation, TAP, to share information regarding Sustainable Energy
Resources for Consumers (SERC), at the regular meeting of City Council to be
held on Monday, September 20, 2010, at 2:00 p.m.
Sincerely,
~ rfi~
Sherman P. Lea
Council Member
~
Court G. Rosen
Council Member
SPUCGR:ctw
. ..
tD. a.
~t~Re
Sustainable Energy Resources for Consumers (SERe)
Brief description of the proiect to be undertaken
Total Action Against Poverty, Roanoke County, the City of Roanoke, the Association of Energy Conservation
Professionals (AECP), and Virginia Tech propose a cooperative, block-focused pilot program to expand
weatherization services to income-eligible households using materials, benefits, and renewable energy
technologies not currently covered by the program. Participating entities are especially interested in utilizing
cool roof technologies, high performance hot water systems, geothermal heating/cooling systems, and solar
photovoltaic technology.
Roanoke County staff and City of Roanoke staff will be responsible for identifying city blocks or portions of
county neighborhoods that have a high proportion of income-eligible residents. (Residents who are "income-
eligible" will meet the definition of such set down by DHCD, the weatherization regulatory body in Virginia.)
Once appropriate blocks or swaths of neighborhoods have been identified and the residents have confirmed
their interest to participate, that infonnation will be forwarded to TAP's weatherization department for
inspection.
TAP, the local W AP provider for both the City of Roanoke and Roanoke County, will schedule an inspection of
the properties identified by City or County staff. The inspector will proceed as usual, identifying all of the
energy-saving measures that the house needs. After the inspection is complete, TAP's ECHR director, the crew
foreman, and crew leaders will review the inspection fonns to determine which non-traditional energy
efficiency measures and technologies would best suit each home. (For example, if the inspection found a
malfunctioning or old hot water heater, then installation of a new, high-performance system, would be an
appropriate option.) The crew foreman would then take care of contacting an appropriate contractor to handle
installation of the agreed-upon technologies, while TAP's weatherization crew would handle work done under
the scope of standard WX program measures.
The purpose of this partnership is not only to utilize methods and technologies not usually available to
weatherization recipients and to increase the number of eligible people receiving weatherization services, but to
develop reliable ways to measure total carbon reduction as a result of weatherization services. Weatherization
providers often face difficulties doing this due to the variety of houses and services provided. TAP has
approached an engineer at Virginia Tech about the feasibility of developing methods to measure total carbon
reduction per household that would take into account the variables of house size and services provided. As part
of this project, the Virginia Tech engineer would utilize final inspection measures provided by AECP as the
certified third-party inspector for weatherization services, and develop standards for measuring total carbon
reduction that could be utilized by TAP and other state W AP agencies in the future. In addition, he would
calculate the total carbon reduction for the pilot program.
. ..
ReQuested fundine: levels for the described proiect
TAP proposes program funding of $1 million dollars for this project. That would help cover the cost of staff
time and-resources devoted to the project by Roanoke County, the City of Roanoke, and TAP. Total
administrative costs will not exceed the 10% cap on the use of funds; indeed, we expect the total administrative
budget to be well under $100,000. A portion of the funding will go to AECP for their work on the final
inspections (service fees are still being negotiated), and a portion will go to Virginia Tech for the engineer's
time for data analysis and development of reliable carbon reduction measures (fee for services are still being
negotiated). The remainder of the funds will go toward paying for the materials, benefits, renewable energy
technologies, and contractor fees that will be utilized in the program.
, .
~eK
~
Countryside Property
Development
City Council Briefing
September 20, 2010
Contents
1. Timeline/Background
2. City Plans and Citizen Involvement
3. Planning Approach
1
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Background
. Vision 2001-2020 recommended housing cluster development
. Purchased in 2005 for purposes of mixed-use development
. Two attempts to identify a developer
. Pursued con,tinuation of golf course
- $1.5 million in capital improvements needed
- Extension of the operating agreement for 5 years
- Interim management agreement ($75,000 per year)
Public Golf Course Performance
· Nationally, 1990s & 2000s were a period of overbuilding
of courses.
· Growing imbalance between supply of courses and
demand by golfers beginning in mid-1990s
- Number of courses up 24%
- Decrease of 8,000 rounds per course
National Golf Foundation, Golf Industry Report, Fall 2009
2
, .
Public Golf Course Performance
· Many courses trapped in a downward spiral
- 60% report lowered maintenance standards
- Almost 90% deferring capital expenditures
· 100-200 courses will close every year for the next 10
years.
National Golf Foundation, Golf Industry Report, Fall 2009
Public Golf Course Performance
2008 Construction Cost Estimates
Low
High
New Course
$7.4 million
$8.5 million
Greens Renovation
$1.05 million
$1.3 million
", :" ,:,.-.,.'. -, :,,'-- .....>' ,', ,"'" ":'/',",
Irrigation Renovation
, ,:.~.t./, '- '., "- .,.;'. .
$1.6million
. $?~milliori;
Source: From CB Richard Ellis, Inc., Golf Market Analysis (2008)
Table information from Golf Course Builders Association of America
3
. '
Municipal Golf Course Performance
· 16 Virginia local governments surveyed
· None posted net income for more than two years
· 9-hole courses do not fare better than 18-hole courses
· AveraQe subsidy is $302K
....;.x",,,,,.,::::-::.:...;.::,,::::,,,,::::"',::,,::,.::::::.,,,,.;,-".""::::"::",.::::::::::::.:::"::::",:::::::::-::,;::::::::::",<:.:,,,,,,,:::::::x::",. "::::':::::::::;:::', ;";:..:::;::::;:..". ......,..,:: ::::-'-:-'--'-'---:::1:::"":<:'":-:;:"::;>:-;-:-::-;-:::::::::.,x-..::::-::::->:::::::::<:::::::",,,::::: ::::::x:;:,::::.::::-.."....
I Municipal Golf Course Performance in Virginia
$100,000
$50.000
lil $n
>.
<ll
(IJ ~ I
E ::l I
'" (S50.000)
0 81
0
.E ....
t>> ;; ($100,000)
c: 0
:;:; E ($160,068.)
'"
... ($150.000)
(IJ ;; ~
Q.
0 '0
"S (IJ ($200.000) .. '" ($237.330)
z t>>
'" (520S.,7361 .....-+-
...
<ll ($250.000)
~ (S274,1~ ~
($300,000) .... I
(5302,510)
($350,000) =,~~~"^W~~=~~'=~M~=.=m~
Ii FY05 FY06 FY07 FY08 FY09
4
Municipal Golf Course Performance
1990s
· New courses built in Roanoke MSA increased the supply
of public courses by 50% (4 courses to 6)
· Population increase for Roanoke MSA was 5.1 %
Municipal Golf Course Considerations
· Fundamentally different from other parks and recreation
facilities
- access provided to citizens
- limiteq target market (average golfer income is in the
$60-65K range)
· Expect an operating subsidy each year
· Expect to fund capital improvements and ongoing
repairs/maintenance/periodic replacements . .
5
Current Situation
· Financial situation resulted in the need to defer capital
improvements
· No finalization of management contract given delay in
improvements
· Golf course closed
· City staff directed to work with community on a process
to develop alternative development strategies for the
property.
The Opportunity
· Scarce land resource for new development
· Create new residential development
· Create jobs through economicdevelopment
· Enhance recreational amenities needed in the area
· Add value to the area
6
City Plans to be Considered
· Vision 2001-2020
· Peters Creek North
· Parks and Recreation Master Plan
· Greenway plans
· Housing plan
Community Involvement
· 5 community meetings
· 6 focus groups.
· Open-house follow up
· Excellent attendance
· E-mail correspondence
· Slideshare a useful involvement tool
7
Community Involvement
· Neighborhood
· Recreation
· Economic Development
· Realtors
· Homebuilders
· Planning Commission
Common Ground
· All want something that adds value to the properties
surrounding the former golf course
· The City and the citizens are all concerned about
property values
· Urgency to find a path forward; uncertainty is harmful
· Area near 1-581 an important gateway
· Land between Ranch Road, Mattaponi Drive, and
Countryside Road most critical area in terms of
adjacency.
· Cove Road needs attention
8
Planning Approach
· The property should be considered as a community,:wide
opportunity
· Responsive to recommendations and needs identified in
existing plans
· Ensure development enhances community
· Development that is financially sustainable
· Creates a sense of place and is uniquely Roanoke
· Respects a visible gateway to Roanoke
Challenges
· RPZ restrictions
· Topography
· Street access
· Airport Noise
· Fragmentation of property
· Variety of surrounding uses to be considered
9
Planning Opportunities
. Largest land area currently
available in Roanoke
. Greenway route
. No environmental cleanup
issues
. Can be approached in different
pieces with unique character
. Proximity to retail, airport, 1-81
. Visibility
. Strong neighborhood
association
. Good to excellent adjacent
development
. Address identified needs of the
area
. Potential for expansion of
Trane
. Proximity to WFHS
Planning
Areas
10
Portland
Laurel
Ridge
-137 acres are
City-owned
Schematic
- 8 areas
- Relative size shown
-72 acres RRAC
Ranch~~
Mattaponl U
MattaponiQ
CountrySideu
Laurel
Ridge
Mattaponi
Countryside
11
Positive Features
Existing street frontages
Strong adjacent residential
Good topography
Ranchl
Mattajloni
16 acres
Challenges
Narrow shape
A portion is noise impacted
Comments
Most critical areas in terms of resident
interest.
Existing residential uses make the area a
candidate for some form of residential.
Residential lots could be divided along
existing street frontages.
Resulting lots would need to be relatively
shallow.
If divided for residential, likely to be
remaining area for open space (possibly
deeded or leased to adjoining owners).
Some adjoining owners have expressed
interest in acquisition.
Mattaponil
Countryside
17 acres
Single-family
residential
Ranchl
Mattaponi
16 acres
,/
or open space
Mattaponil
Countryside
17 acres
,/
or
some of both
12
Laurel
Ridge
RanCh/D
Mattaponi
Frontage A
Mattaponi/D
countrySide.
Positive Features
Terrain
Access
Existing street frontages
Challenges
Noise impact - extended centerline of
runway 6 - located within the 65 DBL
contour.
Comments
Most of the land is not suitable for
residential development due to airport
noise impact.
13
open space or agriculture
reserved for future
neighborhood commercial
and civic space (square) ./
Portland
RanCh/D
Mattaponi
MattaponiD
Countryside
Frontage A
14
Positive Features
Western portion has exceptional views
Good existing access streets
Western portion is relatively flat
Challenges
Flood plain
Pond/wetland
Access to eastern portion
Comments
Single-family residential would be appropriate
in terms of use, but raying out traditional lots
would be a challenge.
4-unit condos, townhouses, or patio homes
with 4 units or fewer per building would be
good options because a driveway, rather than a
new street, could be used for access. Such
units could use the land efficiently and leave
opportunities for meaningful open space.
Airport has expressed interest in acquiring
'navigation easements" to limit height of
structures and trees due to flight patterns.
Single-family
residential
r/
15
Portland
RanCh/D
Mattaponi
MattaponiD
Countryside.
laurel
Ridge
Features
Visibility from 1-581
Adjacent high quality office/industrial uses
Potential greenway linkage
Challenges
Flood plain and steep topography limit usable
acreage.
Existing structures could be a liability if not
reused.
Narrow shape
Comments
Potential to complement other properties.
Consider adjacent higher-intensity, higher density
uses.
Appearance is important along this gateway.
16
Portland
RanCh/D
Mattaponi '.
Mattaponi/[J
Countryside
Commercial office!
flex space
.I
or townhouses
.I
Frontage A
17
Positive Features
Large contiguous parcel of land
Visibility from 1-581
Potential greenway linkage
Challenges
Flood plain
Steep slope
Limitations on use
Approach lighting towers
Cannot create water features or uses
attractive to birds.
No occupied structures
Under control of Airport Commission; use
subject to TSA mandates.
Comments
Potential uses severely limited (no structures
and no public assembly)
Passive uses
commercial agriculture/
community garden
.t
or greenway/walking trails
.t
or passive open space
.t
or solar power array
.t
18
Portland
Laurel
Ridge
Ranchl
Mattaponi
Mattaponi
Countryside
Frontage B
Positive Features
Large contiguous parcel.
Good terrain.
Existing buildings could be an asset.
Central area is the most usable portion of the
property.
Open to a wide variety of potential land uses.
Potential greenway linkage
Challenges
Existing buildings could be a liability, depending on
land use.
Disconnected street access
19
Light, small-scale commercial
Mixed density residential
.I
Recreation/Sports complex
.I
Recommended Path Forward
Create a master plan with a focus on each unique area
Continue process that keeps the community engaged in planning
The Planning Commission should have a prominent role
Involve other professionals (planners, lawyers, engineers, real estate,
marketing, etc.).
Approximately 6 months to develop a master plan
Different parts of the property may develop at different times, depending on
market, opportunities, and participation by developers
20
. ..,'
Conclusion
· The land is an opportunity to meet long-standing
community needs and goals
· Questions and discussion
21
J.
.t3ri elinj
Countryside
Detailed Chronology
Supplement for City Council Briefing
September 20, 2010
1925-1999
· 1925-1962:
- Ole Monterey (1925)
- Blue Hills (1957)
- Botetourt(1962)
· 1965: Map of Arrow Wood Country Club.
- 46-acre clear zone owned by City of Roanoke leased to the club.
- U.S. Golf begins subdividing lots off of the property,
· 1991-1999:
- Hanging Rock (1991)
- Ashley Plantation (1999)
- Numerous courses open near SML.
1
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2001
· Vision 2001-2020 recommends housing clusters.
· Fairways Group offers property for sale for
+/- $6 million.
· Appraisal
- $4.1-$4.5 million as a golf course
- $5.2 million if not limited to a golf course
2002
· Lawrence Group provides a general assessment of the
property
· Peters Creek North Plan recommends mixed density
housing for the property.
2
2003
· Lawrence Group provides conceptual-level plans to
assess development potential.
· Revenue projections estimate recapture of land
investment in about 10 years or less.
· Meadowbrook ceases operation of the swimming pool
facility.
2005
· Pending sale announced (May). Public. meeting held at
Fleming.
· Roanoke Regional Airport Commission indicates need
for expansion of RPZ
· Toll Brothers responds to RFQ and invited to submit a
proposal.
3
. ,
'. " ....
2005
· Property conveyed to City
· City and Meadowbrook Golf operation agreement
· Land leased for $35,000 per year
· Property rezoned to ROS (Recreation and Open Space)
- Main portion was zoned RM-2 (Potential for over 1,900 units)
- laurel Ridge area was zoned RS-1 (Single-family Residential)
2006
· Toll Brothers notified City that it does not intend to
pursue development of the property
· Community meeting to gain guidance on content of 2nd
RFP
· Proposal submitted by Countryside, LLC
· City Council authorizes Countryside, LLC to refine its
proposal and resubmit by March 1, 2007
4
'J . . ,'. .
2007
· Community meeting to review Countryside LLC proposal
· City requested refinements to proposal
· City rejects revised Countryside LLC plan
· Renewed operating agreement with Meadowbrook Golf
· Land lease decreases to $17,500/year
2008
· Conveyed 1.1 acres of the property to Newbern
Properties
· Land exchange with Roanoke Regional Airport
Commission for expansion of the Runway Protection
Zone
- The airport gains +/- 17 acres
- City gains +/- 15 acres
· City and Airport Commission execute a 1 O-year lease for
the RPZ
5
. ~ .' ',...
2009
· City Council considers $1.5 million in capital
improvements and extension of the operating agreement
for 5 years.
· Interim management agreement with Meadowbrook Golf
· City pays Meadowbrook Golf $75,000 until a 5-year
agreement is effective and capital projects are initiated
2010
· January: Fiscal constraints require deferral of capital
improvements to fiscal year 2012
· February: No agreement on terms of 5-year
management agreement given delay in improvements
· Golf course closed
- Interim management agreement terminated
- Lease with the Airport Commission is terminated
· City staff directed to work with community on a process
to develop alternative development strategies for the
property
6
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Lj~~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2010.
No. 38947-092010.
A RESOLUTION authorizing the appropriate City officials to execute, upon certain terms and
conditions, Amendment No.2 to the FY 2009 Community Development Block Grant ("CDBG") and
HOME Investment Partnerships Program ("HOME") Agreement with Habitat for Humanity in the
,
Roanoke Valley, Inc. ("Habitat"), for housing activities in the City's Hurt Park neighborhood.
WHEREAS, by Resolutions Nos. 38197-081808 and 38638-091102, the Council of the City of
Roanoke, Virginia ("Council"), approved, respectively, the execution of a Subgrant Agreement with
Habitat and Amendment No.1 for housing activities in the City's Hurt Park neighborhood;
WHEREAS, by Resolution No. 38808-051010, Council approved the City's 2010-2015
Consolidated Plan for submission to the U.S. Department of Housing and Urban Development,
including additional CDBG and HOME funding for Habitat's activities; and
WHEREAS, by Resolution No. 38845-062110 and by Budget Ordinance No. 38846-062110,
Council accepted and appropriated the 2010-2011 CDBG and HOME funds.
THEREFORE, BE IT RE~OLVED by Council that the City Manager, and the City Clerk, are
hereby authorized to execute and attest, respectively, on behalf of the City, Amendment No.2 to the
FY 2009 CDBG and HOME Subgrant Agreement with Habitat, approved as to form by the City
l... Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City
Manager's report dated September 20,2010, to this Council.
{fD~
A. hpu'1 CityC1erk.
R-CDBG-Habitat for Humanity-Amend2.doc
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
September 20, 2010
Amendment No.2 to the FY 2009 CDBG/HOME-funded Agreement with
Habitat for Humanity in the Roanoke Valley, Inc. (Habitat)
Background:
The City began targeted neighborhood revitalization activities in Hurt Park in FY 2008.
In FY 2009, the City undertook single-family housing development in the
neighborhood through a collaborative planning effort with the community's public and
nonprofit housing agencies. Habitat is one of the housing agencies engaged in this
effort and has an agreement with the City to build or rehabilitate 11 single-family
homes to be sold to income-eligible buyers, for which the agreement provides
$1,000,037 in Community Development Block Grant (CDBG) and HOME Investment
Partnerships Program (HOME) funds. Habitat has committed over $450,000 in cash
and/or in-kind contributions toward the development of these homes. The City's HUD
plan for FY 2011 provides an additional $286,373 in CDBG and HOME funds to Habitat
for 3 more single-family homes to be built or rehabilitated for sale, toward which
Habitat has committed $119,000 in additional cash and/or in-kind contributions.
Considerations:
The $286,373 in additional CDBG and HOME funds for Habitat's activities were
authorized by City Council through Resolution No. 38808-051010, which approved the
City's 2010-2015 Consolidated Plan. The action sought by this report will provide
these funds by amending Habitat's FY 2009 agreement. The agreement currently calls
for completing all homes by December 31, 2011. An extension to June 30,2012, is
included as part of this Amendment No.2 in order to allow time for the additional
housing development. .
Recommended Action:
Authorize the City Manager to execute Amendment No.2 to the FY 2009 CDBG/ HOME
Agreement with H bitat, similar in form and content to the draft attached to this letter,
and a p ve a to form by the City Attorney.
CHRISTOPHER P. MORRILL
City Manager
Attachment
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Frank Baratta, Budget Team Leader
Karen Mason, Executive Director, Habitat
AMENDMENT No.2
This Amendment No.2 is made and entered into as of September 20,2010, by and between the City of Roanoke
(AGrantee@) and Habitat forHumanity in the Roanoke Valley, Inc. ("Subgrantee").
WIT N E SSE T H:
WHEREAS, by Resolution No. 38197-081808 and Resolution No. 38638-091102, respectively, the Council of
the City of Roanoke, Virginia, ("Council") approved the execution of a Sub grant Agreement ("Agreement") and
Amendment No.1 to the Agreement between the Grantee and the Subgrantee; and
WHEREAS, by Resolution No. 38451-051109, Council approved the 2010-2015 Consolidated Plan for
submission to the U.S. Department of Housing and Urban Development ("HUD"), including the 2010-2011
Action Plan, which incorporates additional funding for the Subgrantee's Hurt Park housing activities to be
assisted with Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program
("HOME") funds; and
WHEREAS, by Resolution No. _-092010, Council approved the execution of Amendment No.2 to the
Agreement between the Grantee and the Subgrantee; and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Section 1., "SCOPE OF SERVICES," subsection c., "Performance Expectations," subpart (2), "Specific
Quantifiable Objectives," shall be revised to increase the number of home buyer units developed and to
delete the performance objective related to owner-occupied ho~es, and shall now read:
* * * * *
(2) Specific Quantifiable Objectives:
· By June 30, 2012, the Subgrantee shall complete the development of at least fourteen (14) sing1e-
family homes and their sale to eligible homebuyers.
* * * * *
2. Section 1., "SCOPE OF SERVICES," subsection f, "Period ofthis Agreement," shall be revised to extend
the end date of the Agreement and shall now read:
* * * * *
f Period of this Agreement - This Agreement shall be effective as ofJuly 1, 2008, and, unless amended,
shall end June 30,2012.
* * * * *
3. Section 1., "SCOPE OF SERVICES," subsection h., "Subgrantee Investment," shall be revised to increase
the amount of such investment and shall now read:
Page 1 of4
* * * * *
h. Subgrantee Investment - In consideration ofthe in-kind or cash resources that the Subgrantee, as part
! of the Partnership proposals to the Grantee, indicated would be made available to the project, it is
understood that the value ofthis investment in the project by the Subgrantee from such other resources
shall be $569,663.00.
* * * * *
4. Section 9., "ANNUAL AUDIT," shall be revised to clarify audit requirements applicable to the Subgrantee
to conform with federal OMB Circular A-133, and shall now read:
* * * * *
9. ANNUAL AUDIT
Pursuant to City Council policy adopted under Resolution No. 37281-010306, nonprofit entities
existing for at least two years and with an annual budget exceeding $50,000 are required to perform an
annual independent audit. As such, the Subgrantee is subject to this audit requirement. In addition, as
. an entity expending more than $500,000 in federal funding in a fiscal year, the Subgrantee is required to
undergo an annual independent audit conforming to the requirements offedera1 OMB Circular A-133.
To the extent permitted by the budget ofthis Agreement, the increase in the Subgrantee's audit costs
attributable to this requirement are allowable costs under this Agreement. The independent audit
required for federal purposes satisfies both the Council and federal. requirements. A copy of the
required audit is due to the Grantee within 30 days of receipt from the auditor, or 9 months after the
end ofthe fiscal year audited, whichever occurs earlier..
* * * * *
5. Section 11., "OTHER PROGRAM/PROJECT REQUIREMENTS," subsection a., "Maximum per-unit
subsidy amount and subsidy layering," shall be revised to conform with increased subsidy amounts issued
by HUD, and shall now read:
* * * * *
a. Maximum per-unit subsidy amount and subsidy layering - The total amount of HOME funds invested
shall under no circumstances exceed $139,543 for a one-bedroom unit, $169,684 for a two-bedroom
unit, $219,516 for a three-bedroom unit, and $240,962 for a unit with four or more bedrooms.
However, as set forth in section 1.h., it is expected that the Subgrantee shall contribute the indicated
minimum investment to the development of the properties provided for under this Agreement, which
shall reduce the amount of HOME assistance per unit. Further, in accordance with 24 CFR 92.250,
HOME funds invested in combination with other governmental assistance shall not exceed the amount
necessary to provide affordable housing.
* * * * *
6. The CDBG and HOME funding made available by the Grantee under this Agreement shall be increased by
$286,373.00 to a total of$1,286,41O, in accordance with the revised Attachment A, "2008/2009 Habitat
Hurt Park Agreement Financial Accounts," included with this Amendment No.2
Page 2 of4
The Agreement, dated July 1,2008, and Amendment No.1, dated November 2,2009, shall remain unchanged in
all other terms and provisions.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.2 as of the day and year
hereinabove written:
ATTEST: FOR THE GRANTEE:
By By.
Stephanie M. Moon, City Clerk Christopher P. Morrill, City Manager
ATTEST: FOR THE SUBGRANTEE:
By By
Steve Kessing, Secretary ofthe Board Karen L. Mason, Executive Director
APPROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM
Dept. of Planning, Building and Development Assistant City Attorney
APPROPRIATION AND FUNDS REQUIRED
APPROVED AS TO EXECUTION FOR THIS CONTRACT CERTIFIED
Assistant City Attorney Director of Finance
Date
Account #
(See Attachment A)
Page 3 of4
Attachment A
2008-2009 Habitat Hurt Park Agreement
Financial Accounts
Funds Account No. Description Project Funds Delivery Total
Funds
Activity: Development of Homebuyer Housing
CDBG 35-G07-0nO-5549 Habitat Hurt Park Housing $25,000 $25,000
CDBG 35-G07-0nO-5532 Habitat Hurt Park Housing $5,000 $5,000
CDBG 35-G09-0nO-5532 Habitat Hurt Park Housing $50,000 $50,000
CDBG 35-G 10-1020-5532 Habitat Hurt Park Housing $63,500 $63,500
CDBG 35-GI I-I I 19-5532 Habitat Hurt Park Housing $25,000 $25,000
CDBG Subtotal $143,500 $25,000 $168,500
HOME 35-090-5313-5532 Habitat Hurt Park Housing $93,459 $93,459
HOME 35-090-5364-5532 Habitat Hurt Park Housing $78,440 $78,440
HOME 35-090-5368-5527 Habitat Hurt Park Housing (Rehab Reserve) $50,000 $50,000
HOME 35-090-5368-5532 Habitat Hurt Park Housing $207,651 $207,651
HOME 35-090-5370-5532 Habitat Hurt Park Housing $426,987 $426,987
HOME 35-090-5370-5532 Habitat Hurt Park Housing $261.373 $261.373
HOME Subtotal $1,117,910 $1,117,910
Total CDBG and HOME Funds $1,261,410 $25,000 $1,286,410
Page 4 of4
STEPHANIE M. MOON, CMC
City Clerk
Stephanie M. Moon
City Clerk
Roanoke, Virginia
Dear Ms. Moon:
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: cIerk@roanokeva.gov
September 21 , 2010
JONATHAN E. CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
September 20, 2010, you were reappointed as City Clerk of the City of Roanoke, for a
term of two years commencing October 1, 2010, and ending September 30, 2012.
Attached you will find a Certificate of your reappointment and an Oath or Affirmation of
Office which must be administered by the Clerk of the Circuit Court of the City of
Roanoke or her designee.
Please return one copy of the Oath of Office to the undersigned by September 30,
2010.
Jonathan E. Craft
. Deputy City Clerk
L:\CLERK\DA T A\CKSM1 \Oaths\Council Appointed Officers\Reappointments.doc
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Jonathan E. Craft, Deputy City Clerk, and as such Deputy City Clerk of the City
of Roanoke and keeper of the records thereof, do hereby certify that at a regular
meeting of Council which was held on the twentieth day of September 2010,
STEPHANIE M. MOON was reappointed as City Clerk of the City of Roanoke, for a
. term of two years commencing October 1, 2010, and ending September 30,2012.
Given under my hand and the Seal of the City of Roanoke this twenty-first day of
September 2010.
._~/#-
Deputy City c7l--
L:ICLERK\DA T AICKSM1 IOathslCouncil Appointed OfficerslReappointments.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
September 21 , 2010
Ann H. Shawver
Director of Finance
Roanoke, Virginia
Dear Ms. Shawver:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
September 20, 2010, you were reappointed as Director of Finance of the City of
Roanoke, for a term of two years commencing October 1, 2010, and ending
September 30,2012.
Attached you will find a Certificate of your reappointment and an Oath or Affirmation of
Office which must be administered by the Clerk of the Circuit Court of the City of
Roanoke or her designee.
Please return one copy of the Oath of OffiC?e to the undersigned by September 30,
2010.
!lJJ~
--1lA-Stephanie M. Moon, CMC
r--zy City Clerk
L:\CLERK\DA T A\CKSM1 \Oaths\CounciJ Appointed Officers\Reappointments.doc
COMMONWEALTH OF VIRGINIA
)
. ) To-wit:
)
CITY OF ROANOKE
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of Council
which was held on the twentieth day of September 2010, ANN H. SHAWVER was
reappointed as Director' of Finance of the City of Roanoke, for a term of two years
. commencing October 1,2010, and ending September 30,2012.
Given under my hand and the Seal of the City of Roanoke this twenty-first day of
September 2010.
4.
'1
L:ICLERK\DA T AICKSM1 IOathslCouncil Appointed OfficerslReappointments.doc
CITY OF ROANOKE.
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIEM. MOON, CMC
City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
September 21, 2010
Troy A. Harmon
Municipal Auditor
Roanoke, Virginia
Dear Mr. Harmon:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
September 20, 2010, you were reappointed as Municipal Auditor of the City of Roanoke,
for a term of two years commencing October 1,2010, and ending September 30,2012.
Attached you will find a Certificate of your reappointment and an Oath or Affirmation of
Office which must be administered by the Clerk of the Circuit Court of. the City of
Roanoke or her designee.
Please return one copy of the Oath of Office to the undersigned by September 30,
2010.
~
L:ICLERK\DA T AICKSM1 IOathslCouncil Appointed OfficerslReappointments.doc
COMMONWEALTH OF VIRGINIA
CITY OF ROANOKE
)
) To-wit:
)
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular
meeting of Council which was held on the twentieth day of September 2010,
TROY A. HARMON was reappointed as Municipal Auditor of the City of
Roanoke, for a term of two years commencing October 1,' 2010, and ending
September 30,2012.
Given under my hand and the Seal of the City of Roanoke this twenty-first
day of September 2010.
L:\CLERK\DA T A\CKSM1\Oaths\Council Appointed Officers\Reappointments.doc
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
September 21, 2010
William M. Hackworth
City Attorney
Roanoke, Virginia
Dear Mr. Hackworth:
At a regular meeting of the Council of the City of Roanoke which was held on Monday,
September 20,2010, you were reappointed as City Attorney of the City of Roanoke, for
a term of two years commencing October 1, 2010, and ending September 30, 2012.
Attached you will find a Certificate of your reappointment and an Oath or Affirmation of
Office which must be administered by the Clerk of the Circuit Court of the City of
Roanoke or her designee.
Please return one copy of the Oath of Office to the undersigned by September 30, .
2010.
rt-
-"
L:ICLERK\DA T AICKS M1 IOathslCouncil Appointed OfficerslReappointments.doc
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
. CITY OF ROANOKE
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke
and keeper of the records thereof, do hereby certify that at a regular meeting of Council
which was held on the twentieth day of September 2010, WILLIAM M. HACKWORTH
was reappointed as City Attorney of the City of Roanoke, for a term of two years
"commencing October 1,2010, and ending September 30,2012.
Given under my hand and the Seal of the City of Roanoke this twenty-first day of
September 2010.
A~ ~"'tt City Clerk
L:\CLERK\DAT A\CKSM1\Oaths\Council Appointed Officers\Reappointments.doc
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
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
September 20, 2010
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Your attention is called to Section 9, Elections by Council, when held, terms, etc., of the
Roanoke City Charter which provides, in part, that during the month of September 1974
and during the month of September of the second year thereafter, the Council shall elect a
City Clerk, a Director of Finance, a Municipal Auditor and a City Attorney, each of whom
shall serve for a term of two years from the first day of October next following the date of
their election and until their successor shall have been elected and qualified.
Pursuant to the abovereferenced City Charter provision, the two-year terms of the following
Council Appointed officers will expire on September 30, 2010:
Stephanie M. Moon, CMC, City Clerk
Ann H. Shawver, Director of Finance
Troy A. Harmon, Municipal Auditor
William M. Hackworth, City Attorney
Sincerely,
~rn."YY\D~
Stephanie M. Moon, CMC "-
City Clerk
SMM:ctw
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIEM. MOON, CMC
City Clerk
September 22,2010
CECELlA T. WEBB
Assistant Deputy City Clerk
Cindy H. Poulton, Clerk
Roanoke City School Board
Roanoke, Virginia
Dear Ms. Poulton:
I am enclosing copy of Budget Ordinance No. 38948-092010 appropriating funding from
the Federal and Commonwealth governments, private grants, and local match for
various educational programs, and amending and r~ordaining certain sections of the
2010-2011 School Grant Fund Appropriations.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, September 20, 2010, and is in full force and effect
upon its passage.
elia T. Webb
Assistant Deputy City Clerk
Enclosure
pc: Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Sherman M. Stovall, Director, Management and Budget
Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools
~
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2010.
No. 38948-092010.
AN ORDINANCE to appropriate funding from the Federal and Commonwealth
governments, private grants, and local match for various educational programs, amending and
reordaining certain sections of the 2010-2011 School Grant Fund 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
2010-2011 School Grant Fund Appropriations be, and the same are hereby, amended and
reordained to read and provide as follows:
Appropriations
Teachers
Program Coordinator/Site Manager
Instructional Assistants
Retiree Health
Social Security
. VRS
Medical/Dental
Group Life
Contracted Services .
Travel - Mileage
Travel - Fares
Travel - Meals & Lodging
Pupil Transportation
Supplies
Teachers
Program Coordinator/Site Manager
Instructional Assistants
Retiree Health
Social Security
VRS
Medical/Dental
Group Life
Contracted Services
Travel - Mileage .
Travel - Fares
Travel - Meals & Lodging
Pupil Transportation
Supplies
Teachers
Program Coordinator/Site Manager
Instructional Assistants
Retiree Health
. Social Security
VRS
Medical/Dental
Group Life
Contracted Service~
Travel - Mileage
Travel- Fares
Travel- Meals & Lodging
Pupil Transportation
Supplies
Substitute Teachers
Social Security
302-110-1102-0280-139E-61100-41121-3-05
302-1.10-1102-0280-139E-61100-41124-3-05
302-110-1102-0280-139E-61100-41141-3-05
302-110-11 02-0280-139E-611 00-42200-3-05
302-110-1102-0280-139E-61100-42201-3-05
302-110-11 02-0280-139E-611 00-42202-3-05
302-110-11 02-0280-139E-611 00-42204-3-05
302-110-11 02-0280-139E-611 00-42205-3-05
302-110-1102-0280-139E-61100-43313-3-05
302-110-1102-0280-139E-61100-45551-3-05
302-110-11 02-0280-139E-611 00-45552-3-05
302-110-11 02-0280-139E-611 00-45553-3-05
302-110-1102-0280-139E-63200-43343-3-05
302-110-1102-0280-139E-61100-46614-3-05
302-110-1102-0340-149E-61100-41121-3-05
302-110-11 02-0340-149E-611 00-41124-3-05
302-110-1102-0340-149E-61100-41141-3-05
302-110-1102-0340-149E-61100-42200-3-05
302-110-11 02-0340-149E-611 00-42201-3-05
302-110-11 02-0340-149E-611 00-42202-3-05
302-110-11 02-0340-149E-611 00-42204-3-05
302-110-1102-0340-149E-61100-42205-3-05
302-110-1102-0340-149F61100-43313-3-05 .
302-110-1102-0340-149E-61100-45551-3-05
302-110-1102-0340-149E-61100-45552-3-05
302-110-11 02-0340-149E-611 00-45553-3-05
302-110-1102-0340-149E-63200-43343-3_05
302-110-1102-0340-149E-61100-46614-3-05
302-110-1102-0060-150E-61100-41121-3-05
302-110-1102-0060-150E-61100-41124-3-05
302-110-1102-0060-150E-61100-41141-3_05
302-110-11 02-0060-150E-611 00-42200-3-05
302-110-1102-0060-150E-61100-42201-3-05
302-110-11 02-0060-150E-611 00-42202-3-05
302-11 O~ 11 02-0060-150E-611 00-42204-3-05
302-110-11 02-0060-150E-611 00-42205~3-05
302-110-11 02-0060-150E-611 00-43313-3-05
302-110-1102-0060-150E-61100-45551-3-05
302-110-11 02-0060-150E-611 00-45552-3-05
302-110-11 02-0060-150E-611 00-45553-3-05
302-110-1102-0060-150E-63200-45583-3-05
302-110-11 02-0060-150E-611 00-46614-3-05
302-110-0000-0110-151 E-61100-41 021-2-01
302-110-0000-0110-151 E-611 00-42201-2-01
$ 20,400
24,240
36,000
113
6,339
1 ,450
2,225
87
38,328
492
750
2,236
21,500
21,500
30,600
20,500
33,000
. 72
6,604
1,065
1,625
48
34,278
246
750
1,474
21,500
21,500
30,600
20,500
33,000
72
6,604
1,065
1,625
48
34,278
246
750
1,474
21 ,500
21,500
1,000
77
Contracted Services
Training/Conference Travel
Professional Development Materials
& Supplies
Teacher Salary - Jackson
Social Security - Jackson
Teacher Salary - Breckinridge
Social Security - Breckinridge
Teacher Salary - Addison
Social Security - Addison
Teacher Salary - Wilson
Social Security - Wilson
Educational Materials
Food Services Personnel
Social Security
Food
Food Service Supplies
Equipment
Retirement Health
VRS
GLI
Materials & Other Supplies
Staff Development
Contracted Services
Advertising/Outreach
Travel/Mileage
Teacher Salary
Social Security
Mileage
Instructional Supplies
Non-capital Technical Hardware
Revenues
Federal Grant Receipts
Federal Grant Receipts
Federal Grant Receipts
Federal Grant Receipts
State Grant Receipts
Private Grant Receipts
Federal Grant Receipts
Local Match .
Federal Grant Receipts
Federal Grant Receipts
Federal Grant Receipts
302-110-0000-0110-151 E-61100-43313-2-01
302-110-0000-0110-151 E-61100-45554-2-01
302-110-0000-0110-151 E-61100-46617-2-01
302-11 0-1305-0230-359E-611 00-41121-3-01
302-11 0-1305-0230-359E-611 00-42201-3-01
302-110-1305-0210-359E-61100-41121_3_01
302-110-1305-0210-359E-61100-42201_3_01
302-110-1305-0280-359E-61100-41121_3_01
302-11 0-1305-0280-359E-611 00-42201-3-01
302-110-1305-0150-359E-61100-41121_3_01
302-110-1305-0150-359E-61100-42201_3_01
302-180-1307-1170-764E-61100-46614_3_01
302-320-0000-1 000-168E-651 00-41182-2-00
302-320-0000-1 000-168E-651 00-42201-2-00
302-320-0000-1 000-168E-651 00-46602-2-00
302-320-0000-1 000-168E-651 00-46603-2-00
302-320-0000-1 000-168E-651 00-48821-2-00
302-160-0000-1304-101 E-611 00-42200-9-07
302-160-0000-1304-101 E-611 00-42202-9-07
302-160-0000-1304-101 E-61100-42205-9-07
302-160-0000-1304-101 E-61100-46614-9-07
302-160-0000-1304-101 E-61100-45586-9-07
302-160-0000-1304-101 E-61100-43313-9-07
302-160-0000-1304-101 E-611 00-43361-9-07
302-160-0000-1304-101 E-611 00-45551-9-07
302-110-0000-1070-1340-61100-41121_3_09
302-11 0-0000-1 070-1340-611 00-42201-3-09
302-110-0000-1070-1340-61100-45551_3_09
302-110-0000-1070-1340-61100-46614_3_09
302-110-1315-1000-1650-68100-46650_3_01
302-000-0000-0000-139E-00000-38287 -0-00
302 -000-0000-0000-149E-00000-38287 -0-00
302-000-0000-0000-150E-00000-38287 -0-00
302-000-0000-0000-151 E-00000-3801 0-0-00
302 -000-0000-0000-359E-00000-3237 5-0-00
302 -000-0000-0000-764E-00000-33808-0_00
302-000-0000-0000-168E-00000-38555_0_00
302-000-LMA T-0000-1 01 E-00000-72000-0-00
302-000-0000-0000-101 E-00000-38002-0-00
302-000-0000-0000-1340-00000-3801 0-0-00
302-000-0000-0000-1650-00000-38371_0_00
6,000
3,000
3,581
4,645
355
9,289
711
4,645
355
4,645
355
1 ,462
1,000
77
16,000
2,681
998
970
2,030
452
755
4,703
(2,645)
1,812
1,000
(2,214)
(552)
4,934
2,832
15,000
175,660
173,262
173,262
13,658
25,000
1 ,462
20,756
1,381
7,696
5,000
15,000
Pursuant to the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is hereby dispensed with.
fr---/
BI~
~
September 20, 2010
ROANOKE CITY
PUBLIC SCHOOLS
Strong Students. Strong Schools. Strong City.
School Board
The Honorable David Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
David B. Carson
Chairman
Dear Members of Council:
Jason E. Bingham
Vice Chairman
As a result of official School Board action on September 14, 2010, the
Board respectfully requests City Council approve the following new and
revised appropriations, which impact the Schools' 2010-11 budget:
New Appropriations
Total New Award
Mae G. Huff
Annette Lewis
Suzanne P. Moore
Todd A. Putney
Lori E. Vaught
Title IV-B Addison Community Learning Center 2010-11
Title IV-B Lincoln Terrace Community Learning Center 2010-11
Title IV-B Morningside Community Learning Center 2010-11
Title I Distinguished School - Highland Park 2010-11
Virginia Middle School Teacher Corps 2010-11
ACS-Hach High School Chemistry Grant 2010-11
Fresh Fruit and Vegetable Program - Hurt Park 2010-11
$175,660
$173,262
$173,262
$ 13,658
$ 25,000
$ 1,462
$ 20,756
Dr. Rita D. Bishop
Superintendent
Cindy H. Poulton
Clerk of the Board
Revised Appropriations
Additional Award
Adult Basic Education 2010-11
Title I, Part D Detention Center Reading Program 2009-10
Striving Readers 2009-10
$ 9,077
$ 5,000
$15,000
The School Board thanks you for your approval of the appropriation
requests.
Sincerely,
~~~
Cindy H.%ulton, Clerk
pc: William M. Hackworth
Chris Morrill
Ann Shawver'
David B. Carson
Rita D. Bishop
Curt Baker
. Margaret Lindsey
Yen Ha (with details)
p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke, VA 24031 www.rcps.info
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Su bject:
Honorable Mayor and Members of City Council
September 20, 2010
School Board Appropriation Requests
Background:
As the resu It of official School Board action at its September 14th meeting, the
Board respectfully requested that City Council appropriate funding as outlined in
this report.
The Title IV-B Addison Community Learning Center (CLC) grant of $175,660
su pports the CLC's efforts to address the critical attendance, academic, and
parental involvement needs of the school in a safe, supervised, and nurturing
environment. The Addison CLC is designed to provide significant expanded
learning opportunities after school and during the summer that contribute to
reducing violence and drug use while assisting students to meet or exceed local
and state standards in core academic subjects. The program will be fully
reimbursed by federal funds and will end September 30, 2012.
The Title IV-B Lincoln Terrace Commun'ity Learning Center grant of $173,262
su pports the CLC's efforts to address the critical attendance, academic, and
parental involvement needs of the school in a safe, supervised, and nurturing
environment. The Lincoln Terrace CLC is designed to provide significant
expanded learning opportunities after school and during the summer that
contribute to reducing violence and drug use while assisting students to meet or
exceed local and state standards in core academic subjects. The program will be
fully reimbursed by federal funds and will end September 30,2012. This is a new
program.
The Title IV-B Morningside Community Learning Center grant of $173,262
su pports the CLC's efforts to address the critical attendance, academic, and
parental involvement needs of the school in a safe, supervised, and nurturing
environment. The Morningside CLC is designed to provide significant expanded
learning opportunities after school and during the summer that contribute to
reducing violence and drug use while assisting students to meet or exceed local
and state standards in core academic subjects. The program will be fully
reimbursed by federal funds .and will end September 30, 2012. This is a new
program.
The Title I Distinguished School- Highland Park grant of $13,658 funding allows
states to financialJy reward Title I schools that significantly close the achievement
gap or exceed adequate yearly progress for two or more consecutive years.
Mayor and Members of City Council
September 20,2010
Highland Park Elementary has earned the distinction of Title I Distinguished
School for the 2009-10 school year and as such, this award is being made to
provide funds for professional development purposes during the 2010-11 school
year.. The program will be fully reimbursed by federal funds and will end
September 30,2011. This is a new program.
The Virginia Middle School Teacher Corps program grant of $25,000 is designed
to help schools designated as "at risk in mathematics" to fill teaching vacancies
with qualified, experienced math teachers and improve student achievement in
mathematics. This grant supports a salary differential for qualifying math
teachers at Jackson, Breckinridge, Addison, and Wilson Middle Schools. This
program will be fully reimbursed by state funds and ends June 30, 2011.
The American Chemical Society (ACS) grant of $1,462 awards the ACS-Hach High
School Chemistry Grant to selected high school chemistry teachers with
innovative ideas for transforming the teaching and learning of chemistry. This
grant has been received by the Roanoke Valley Governor's School to fund the
implementation of Teacher Steve Smith's project, "The Heat Is On." This program
will be fully funded by grant receipts and will end June 30,2011. This is a new
program.
Hurt Park Elementary School has been accepted as a participant in the US
Department of Agriculture Fresh Fruit and Vegetable Program grant of $20,756
provides funding to assist the school in providing a fresh fruit or vegetable snack
during the school day at times other than meal periods at least three times per
week. The program is intended to create healthier school environments by
providing healthier food choices, expand the variety offresh fruits and vegetables
students experience, increase students' consumption of fresh fruits and
vegetables, and make a difference in students' diets to impact their present and
future health. This program will be fully reimbursed by federal funds and will end
June 30,2011. This is a new program.
The Adult Basic Education program grant of $9,077 provides funds for the
education of adults who have not completed high school. The program will be
reimbursed by federal funds in the amount of $167,451. Matching funds will be
provided in the amount of $29,573. The increase noted above aligns the budget
with the final award amount determined by the Virginia Department of Education.
The program will end January 5,2012.
2
Mayor and Members of City Council
September 20,2010
The Title I - Part D Detention Center Reading program grant of $5,000 provides
federal funds to employ a part time reading teacher at the Roanoke Juvenile
Detention Center. The above increase represents the final allocation awarded.
The program is one hundred percent reimbursed by federal funds and will end
September 30, 2011 .
The Striving Readers program grant of $1 5,000 provides fu nds to su pport the
provision of supplemental reading instruction at Roanoke's five middle schools, in
support of students who are reading below grade level. Through the grant,
intervention specialists will use a supplemental instruction program to work with
groups of"seventh and eighth grade students during the school day. This award
is the first year of a multi-year grant, and will cover the start-up costs associated
with preparing for and beginning the program at the start of the 2010-11 school
year. The increase noted above represents supplemental funding awarded by the
Virginia Department of Education. This program will be fully reimbursed by
Federal funds and will end September 30,2010. This is a new program.
Recommended Action:
We recommend that you concur with this report of the School Board and adopt the
attached budget ordinance to appropriate funding as outlined.
~~V~
ANN H. AWVER --
Director of Finance
Distribution: Council Appointed Officers
Rita D. Bishop, Superintendent, RCPS
Curtis Baker, Deputy Superintendent for Operations, RCPS
3
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-niail: c1erk@roanokeva.gov
JONATHAN E. CRAFf
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
September 21, 2010
Allen D. Williams
2618 Charing Cross Drive, S. W.
Roanoke, Virginia 24018
Dear Mr. Williams:
I am enclosing copy of Resolution No. 38949-0920'10 reappointing you as a Director of the
Economic Development Authority of the City of Roanoke for a term commencing
October 21, 2010, and ending October 20, 2014.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting which was held on Monday, September 20, 2010.
Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation
of Office which may be administered by the Clerk of the Circuit Court of the City of
Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church
Avenue, S. W.
Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal
Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were
reappointed.
Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am enclosing copy
of the Virginia Freedom of Information Act. The Act requires that you be provided with a
copy within two weeks of your reappointment and each appointee is required "to read and
become familiar with provisions of the Act."
L:\CLERK\DA T A\CKSM I \Oaths\Economic Development AuthorityWlen D. Wiliams oath. doc
Allen D. Williams
September 21 , 2010
Page 2
L
On behalf of the Mayor and Members of City Council, I would like to express appreciation
for your willingness to continue your service to the City of Roanoke as a Director of the
Economic Development Authority.
-:bA- tephanie M. Moon, CMC
() City Clerk
Enclosures
pc: Harwell M. Darby, Jr., Assistant Secretary, Economic Development Authority of the
City of Roanoke, Glenn, Feldmann, Darby and Goodlatte, P. O. Box 2887,
Roanoke, Virginia 24001
L:\CLERK\DA T A \CKSM I \Oaths\Economic Development AuthorityWlen D. Wiliams oath. doc
\J~~
Ii
IN THE COUNClL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2010.
No. 38949-092010.
A RESOLUTION appointing a Director of the Economic Development Authority of the City
of Roanoke.
WHEREAS, the Council is advised that there is a vacancy in the position of Director of the
Economic Development Authority ofthe City of Roanoke, Virginia; and
WHEREAS, 915.2-4904, Code of Virginia (1950), as amended, provides that appointments
made by the governing body of such Directors shall be made for terms of four (4) years.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that A. Damon
Williams is hereby reappointed as a Director on the Board of Directors of the Economic
Development Authority of the City of Roanoke, Virginia, for a term commencing October 21,2010,
and expiring October 20,2014.
A.
K:\Measures\eda appointment Damon Williams 201O.doc
COMMONWEALTH OF VIRGINIA
)
) To-wit:
)
CITY OF ROANOKE
I, Stephanie M. Moon, City Clerk, and as such City Clerk of the City of Roanoke and
keeper of the records thereof, do hereby certify that at a regular meeting of Council which
was held on the twentieth day of September 201 0, ALLEN D. WILLIAMS was reappointed
as a Director of the Economic Development Authority, for a term commencing October21 ,
2010, and ending October 20,2014.
Given under my hand and the Seal of the City of Roanoke this twenty-first day of
September 2010.
L:ICLERKIDA T A ICKSM I IOathslEconomic Development AuthorityWlen D. Wiliams oath. doc
u.s. Kids Care is an organization that strives to build young
leaders through community service. U.S. Kids Care is a 501
(C)3 organization designed to empower children in Roanoke
to take on leadership roles in helping others. It is U.S. Kids
Care's goal to help foster the young community leader so
that members can continue to make a difference in their
community, on' their college campuses, and in their work
places as they grow in,o young adults.
U.S. Kids Care is open to all children, ages 8 - 18 years of
age. .It currently has over 125 members and is still growing.
U.S. Kids Care is divided into four portfolios of leaderst)ip:
Community Service, Individual Development, Fund Raising,
and Publicity.
U.S. Kids Care members run the organization and all
projects are created by either Officers, chairmen, or
members who have an idea.
U.S. Kids Care has helped thousands of people in the
Roanoke Valley and beyond since its creation here in
Roanoke 6 years ago in response to the 2004 Tsunami.
~ A Manna Ministries Help Night for the working
poor
~ A Greenvale School Summer Camp for the
Preschoolers (3 days in all)
~ Our annual Mission School Supply Drive
~ A Car Wash for the Presbyterian Community
Center
3
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
September 22,2010
Mary M. Trott, Agent
Home Depot
4176 Franklin Road, S. W.
Roanoke, Virginia 24014
Dear Ms. Trott:
I am enclosing copy of Ordinance No. 38950-092010 amending as requested; such
property located at 4176 Franklin Road, S. W., Official Tax No. 5470104, to be zoned as
CG, Commercial-General District, with proffers as set forth in the Zoning Amended
Application NO.1 dated July 12, 2010.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, September 20, 2010; and is in full force and effect
upon its passage.
Enclosure
Mary M. Trott
September 22, 2010
Page 2
pc: Southern Hills Roanoke, LLC, 1100 Kenilworth Avenue, Charlo~e, North Carolina
28204
The Weston Roanoke, LLC, 9643 McCormick Place, Windmere, Florida 34786
Virginia L. Cobbs, 4208 Southern Hills Drive, S. W., Roanoke, Virginia 24014
John W. and Mary Ann Spring, 4207 Griffin Road, S. W., Roanoke, Virginia
24014
James A. Allman, 1630 Jumping Run Drive, Goodview, Virginia 24095
Just Duus II, LLC, 2634 Dovetail Circle, Roanoke, Virginia 24018
Lowes Home Centers, Inc., P. O. Box 1000, Mooresville, North Carolina 27115
Phyllis Hill, 4305 Van Winkle Road, Roanoke, Virginia 24014
Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Susan Lower, Director of Real Estate Valuation
Philip Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
15\
~ \~~O
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2010.
No. 38950-092010.
AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, by amending and repealing certain conditions presently binding upon
certain property conditionally zoned CG, Commercial-General District; and dispensing
with the second reading by title of this ordinance.
WHEREAS, Home Depot U.S.A., Inc., has made application to the Council of the
City of Roanoke, Virginia ("City Council"), to amend Proffered Condition No. 14 and
repeal Proffered Condition No. 17 presently binding upon a tract of land located at 4176
Franklin Road, S.W., being designated as Official Tax No. 5470104, which property is
zoned CG, Commercial-General District, with proffers, such proffers being accepted by
the adoption of Ordinance No. 37159-081505, adopted August 15,2005;
WHEREAS, the City Planning Commission, after giving property notice to all
concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to
Council;
WHEREAS, a public hearing was held by City Council on such application at, its'
meeting on September 20, 2010, after due and timely notice thereof as required by 936.2-
540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for and against the
proposed amendment; and
O-Home Depot-amend and repeal proffers.doc
1
WHEREAS, this Council, after considering the aforesaid application, the
reconunendation made to this Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the amendment
of the proffers applicable to the subject property, and is of the opinion that the conditions
. now binding upon a tract ofland located at 4176 Franklin Road, S.W., being designated
as Official Tax No. 5470104, should be amended as requested, and that such property be
zoned CG, Conunercial-General District, with proffers as set forth in the Zoning
Amended Application No.1 dated July 12, 2010.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Proffered Condition No. 14 is amended, and
Proffered Condition No~ 17 is repealed, as set forth in the Zoning Amended Application
No.1 dated July 12, 2010, so that the subject property is zoned CG, Conunercial-General .
District, with such proffers.
/
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
O-Home Depot-amend and repeal proffers. doc
2
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
. 215 Church Avenue, S.W., Room 166
Roan?ke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
Architectural Review Board
Board of Zoning Appeals
Planning Commission
September 20, 2010
Honorable David A. Bowers, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable Raphael E. Ferris; Council Member
Honorable Sherman P. Lea, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Dear Mayor Bowers and Members of City Council:
Subject
Request' from Home Depot U.S.A., Inc., to amend Proffered
Condition No. 14 and repeal Proffered Condition No. 17, as set
forth in the Third Amended Petition to Amend Proffered Conditions
and Proffers of Conditions filed on July 29, 2005, and accepted by
City Council by the adoption of Ordinance No., 37159-081505, as
they pertain to the parcel of land at 4176 Franklin Road, S.W.,
bearing Official Tax No. 5470104.
.
Planning Commission Public Hearing and Recommendation:
The Planning Commission held a public hearing on Thursday, August 19, 2010.
A summary of discussion may be found at the end of this report. By a vote of 7-
0, the Commission recommended approval of the request to amend and repeal
proffers. '
Respectfully submitted,
~~
Angela Penn, Chair
City Planning Commission
cc: William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager
Applicant .
Members of City Council '
Page 2
September 20, 2010
Application Information
Req uest: Amendment of Proffered Conditions (Ordinance No.
37159-081505)
Owner: Royal Skies Investors Limited Partnership
Applicant: Home Depot U.S.A., Inc.
Authorized Agent: Mary M. Trott
City Staff Person: Maribeth B. Mills, City Planner
Site Address/Location: 4176 Franklin Road SW
Official Tax Nos.: 5470104
Site Area: 10.58 Acres
Existing Zoning: CG, Commercial-General District with Conditions
Proposed Zoning: CG, Commercial-General District with Conditions
Existing Land Use: Building Supplies and Materials, Retail
Proposed Land Use: Building Supplies and Materials, Retail
NeiQhborhood Plan: Southern Hills Neighborhood Plan
Specified Future Land Use: Commercial
Filing Date: Original Application: June 30, 2010; Amended Application
NO.1: July 12, 2010
Background
In August 2005, City Council adopted Ordinance No. 37159-081505 amending
the subject property's proffered conditions to permit the construction of Home
Depot. That ordinance also permitted the creation of two outparcels that have
since been developed as eating establishments (Starbucks and Chick-fiI-A). The
subject of this amendment is the Home Depot parcel only (Official Tax No.
5470104). Seventeen proffers currently apply to the site, including the prohibition
of any outdoor display except as delineated on the Concept Site Plan for the
seasonal sale of spring/summer live plants, Christmas trees, and other related
greenery. The proffers also prohibit outdoor storage except in locations
screened from view by ornamental fencing. These proffers were drafted in
response to concern expressed by the Planning Commission given the site's
visibility from adjoining single-family residences.
\
The applicant requests an amendment to proffer no. 14 to enable outdoor display
of items such as sheds, mowers,. grills, and special order fence panel in
designated areas along the front apron of the store. The seasonal display area
located in the parking area would remain. The applicant also requests to remove
proffer no. 17 which addresses outdoor storage. Under the City's current Zoning
Ordinance, outdoor storage is not permitted in the CG District, even when
screened from view. Outdoor storage currently located on the site would be
allowed to remain as a legal nonconforming use, but could not be expanded
beyond those areas currently being used for that purpose. An Outdoor Display
Members of City Council
Page 3
September 20, 2010
~
Plan has been proffered showing the location of the proposed outdoor display
area as well as the existing outdoor storage and seasonal display area.
Conditions Proffered by the Applicant
The applicant requests that the following proffered conditions enacted by
Ordinance No. 37159-081505 be AMENDED as they pertain to property located
at 4176 Franklin Road SWand identified as Official Tax No. 5470104:
14. The seasonal sales area designated on the Concept Site Plan (Exhibit B)
will be used solely for the seasonal sale of plants, shrubs, trees and
assorted potted nursery products together with associated bag products
such as mulch, top soil and potting soil. The seasonal sales area '....ill be in
use, intermittently,f-or approximately six months per year f-or the sale of
plants and plant related items appropriate to the time of the year, such as
spring and summer live plants and Christmas trees and related greenery.
No buildings sheds trailers lavm mO'....ers gas grills tractors or similar items
",".:ill be displayed stored or sold in the seasonal sales area. The location
of outdoor display will be in substantial conformity with the Outdoor
Display Plan prepared by the Home Depot, dated July 17, 2010, a copy of
which is attached to this application as Plan Sheet No. C-1.
. 17. There will be no outdoor storage of goods materials or merchandise other
than as proffered for the seasonal sales area designated on the Concept
Site Plan (Exhibit B) and the areas surrounded by ornamental fence
shown on the Concept Site Plan (Exhibit B) and the Rendering of the
Home Depot building (Exhibit C).
All other proffered conditions would remain the same.
Considerations
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North CG, Commercial-General District with Eating establishments
conditions. (Starbucks and Chick-fil-A).
South CLS, Commercial Large-Site with Commercial shopping center
conditions. (including Wal-Mart).
..-
East R-7, Residential Single-Family District and Single-family dwellings.
RA, Residential Agricultural District with
conditions.
West C2C, General Commercial District with Retail sales.
special use.
Members of City Council
Page 4
September 20, 2010
Compliance with the Zoninq Ordinance:
The City's Zoning Ordinance defines 'outdoor display' as the placement of goods
or merchandise for sale or for advertisement outside of the building or structure'
in which the merchandise is normally sold, and 'outdoor storage' as the keeping
or storing, other than in a wholly enclosed building, of any goods, items,
materials, or merchandise. Outdoor display is permitted as an accessory use in
. the CG District. The proposed outdoor display shown on the Outdoor Display
Plan complies with the supplemental regulations listed in Section 36.2-422 of the
Zoning Ordinance as follows:
1. The display area will be located on the same lot as the principal use.
2. The principal use occupies more than the minimum 5,000 square feet of
gross floor area.
3. The square footage of proposed display area is less than 15% of the area
of the principal building.
4. The height of stacked merchandise will be limited to six feet.
5. Merchandise will be placed on a concrete surface.
6. Merchandise placement will not interfere with ingress or egress of
pedestrians or vehicles or access to any utility.
The existing outdoor storage area shown on the Outdoor Display Plan was
established under the 1987 Zoning Ordinance. The 2005 ordinance does not
permit outdoor storage as an accessory use in the CG District. Removing
proffered condition no. 17 will not have an adverse impact because the existing
outdoor storage areas cannot be expanded beyond what already exists.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
Both Vision 2001-2020 and the Southern Hills Neighborhood Plan recognize the
potential conflicts created by commercial development in close proximity to
residential uses. With a residential neighborhood separated from the
development by only a 50 foot right-of-way, proffered conditions were carefully
drafted in 2005 to ensure that potential conflicts were minimized. However, with
the Home Depot now established for three years in the Southern Hills
Neighborhood, it is apparent that outdoor display along front apron of the store
will not have a detrimental effect on surrounding residences..
The following policy of Vision 2001-2020 is relevant in the consideration of this
application:
· ED P6. Commercial development. Roanoke will encourage commercial
. development in appropriate areas of Roanoke to serve the needs of
citizens and visitors.
Members of City Council
Page 5
September 20,2010
The following recommendations of the Southern Hills Neighborhood Plan are
relevant in the consideration of this application:
. Economic Development
o Evaluate future commercial development to ensure a good
relationship to surrounding uses in terms of access, scale, and
orientation.
City Department Comments:
None.
Plannina Commission Public Hearina:
The following comments and questions were posed by the Planning Commission
at their February 18, 2010 public hearing.
1. Mr. Williams and Mr. Chrisman noted that during the 2005 rezoning, there
was a great deal of discussion regarding the visibility of outdoor display
and storage from surrounding residences.
2. Ms. Katz noted that the original proffered condition was attached to the
property before construction as a precaution but now that it had been built,
it was apparent that it was a non-issue. She also noted that the store was
only visible from a few residences on Griffin Road and Southern Hills Drive
. who did not comment on the request.
3. Mr. Williams stated that he had recommended denial of the request to
establish Home Depot at this location in 2005, but did not feel that outdoor
display of merchandise would detract from the Southern Hills
neighborhood any further.
4. Mr. Chrisman asked staff if there were any parts of the request that were
more objectionable than ot,hers that led to the negative recommendation.
Staff responded that the negative recommendation was in response to the
policies of Vision 2001-2020 and the Southern Hills Neighborhood Plan,
but also because the reason for attaching the subject proffers to the
property in 2005 were still pertinent, mainly the visibility of the site to
surrounding residences. Mr. Chrisman asked if the recommendation
would be positive if more vegetative buffering were proffered. Staff
responded that additional buffering had not been explored as the available
areas for planting were limited.
5. Mr. Van Hyning asked the applicant if she agreed with staff's statement
that the reasons for adopting the proffers to protect thesurrounding
neighborhood had not changed. The applicant responded that she had
never agreed with the proffer since visibility of the property was so limited.
She also stated that the type of merchandise displayed were all items you
could find in the back yard of any home.
Members of City Council
Page 6
September 20,2010
6. Mr. Futrell gave his support for the application, stating that the lack of
outdoor display gave the store the appearance of being closed.
The only public comment at the Planning Commission's public hearing was from
Jim Haynes (526 Marshall Avenue, S.W.). Mr. Haynes supported the request,
stating that Home Depot had been an asset to the City and had partnered with
Old Southwest Inc., on numerous projects that had greatly improved the
neig hborhood.
oepartm~ritof Planning ;~Bllildlng and; DeVelOpment
Room 166. NoeIC. TaylOf Munlcipal BUIlding
215 Church Avenue. S.W.
Roanoke. Virgllli~24011
Phone: (540) 853-1730 Fax: (540) 853.1230
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o Rezoning 10. PlannedUnil DeVelopment
p.EstabllshmEmlOrCom f!!:1ensive Sl~ Overlay District
[gI Amendrnont of Proffered CondItions
o Amendmont af Planned UnirDevelopmentPlan
o Amendment af Comprehensive SIgn Overlay DIstrict
Address:
Official Tax No(s).: 15410104
Exl9th~g Ba~eZ?nlng: . . ICG Commercial-General
(Ifmulhple zones, please manually enterati districts.) ,
0ralnance N6(s). for Exlsttil9 Conditions (If applicable): 1371 s,.s:qs ~~~~_____._
RequesledZonlng; leG. eomr!,lI~r(J~I-(;~~leral I Proposed Land Use: /Buildlng Supplies and Materials. Retail
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Phone Number: I
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+ 1 (?O7) 276-3:tOQ
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E-Mail: IJOhn@W1ru/.l.lproperties.com
Nam$.::
Address: 4176 Franktin.Road R okc, VA 2401!f
fIl~.~~. .
HomcJ'cpOt U.S.A.. In'~
Address: 12455 PClces FerryRoa,d,Atla(l~r GA 30339
.. , .,,-'~-'.', ~. ',-.'
Jennifer,M..Ev:ans .
Attorney
Phone NurIlber: I + 1 (770) 384-5024
1 E-Mail: ~t!l\nlre(_M_EVa'\S@hOmedepot.,ooi
-~.
1 P~one Nl!fuber: I + 1 (540)772-3~~! I
E.Mail: ~""':"'TrOUl/flhOlnedepot_(Om I
2455 Paces Ferry Road, N.W. . Atlanta, GA 30339-4024
(770) 433-8211
Direct Dial: 770/433-821/ ext. /8420
Fax: 770/384-3042
e-mail: Mariej_Vielot@homidepot.com
July 20, 2010
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, S. W.
Roanoke, VA 24011
RE: Narrative to the Amendment of Proffered Conditions Application (the "Application") by
HD Development U.S.A., Inc. ("Home Depot") regarding Store 4628 located at 4176 Franklin
. Road Roanoke, VA 24014, as more particularly described on the enclosed legal description (the
"Store") .
Dear Department of Planning, Building and Development,
Please accept this narrative in support of the referenced Application. Home Depot respectfully
requests approval of the Application to amend proffered conditions #14 and #17 to allow the Store to
display certain merchandise outside along the front apron of the Store. The enclosed Site Plan depicts
the area proposed for the outdoor display of merchandise.
Home Depot requests approval for limited display of select merchandise in order to better serve the
customers who depend upon the variety of products available at this Store. In particular, the Store
requests that it be allowed to, upon issuance of the Amendment of Proffered Conditions, establish a
seasonal sales/display area in order to display live goods (e.g., plants and flowers) and other garden
materials (e.g., mulch and soil), sheds, mowers, grills and special order fence panel displays in a
designated area along the front apron of the Store.
If you have any questions regarding the Application, please do not hesitate to contact Marie Vielot,
Paralegal, at (770) 433-8211, ext. 18420.
ii c ely,. .
'~~t
Par . egal - re. Support Legal Group
AMENDMENT OF PROFFERED CONDITION
The Applicant hereby requests that the following proffered conditions enacted by
Ordinance No. 37159-081505 be AMENDED as they pertain to property located at 4176
Franklin Road and identified as Official Tax No. 5470104:
1. The property will be developed in substantial conformity with the Concept Plan
The Home Depot Franklin Road and Valley Avenue City of Roanoke Virginia
prepared by Mattern & Craig dated July 8, 2005, a copy of which is attached to
this Petition as Exhibit B, subject to any changes required by the Virginia
Department of Transportation or the City as part of Comprehensive Development
Plan review.
2. The 105,000+/- s.f. commercial building shall be architecturally finished in
substantial conformity with the July 25,2005, rendering of The Home Depot, City
of Roanoke, Franklin Road & Valley A venue by Architectural Group
International, a copy of which is attached to this Petition as Exhibit C.
3. Any outdoor light fixture shall be a full cuto[ffixture or a decorative fixture with
full cutoff optics. A "full cutoff fixture" shall mean an outdoor light fixture
shielded in such a manner that all light emitted by the fixture, either directly from
the lamp or indirectly from the fixture, is projected below the horizontal plane. A
"decorative fixture with full cutoff optics" shall mean an outdoor light fixture
with manufacturer-provided or manufacture-installed full cut-off optics.
4. The spillover of lighting from any parking area on the subject property onto
public rights-of-way or abutting property in residentially zoned districts shall not
exceed one-half (0.5) foot candle at the property line.
5. Any outdoor lighting in parking areas shall not exceed forty (40) feet in height.
The maximum height shall apply to the height of the poles or other standards to
which the fixtures ~ attached or the top most point of the fixture itself,
whichever is higher. i
I
I
6. Outdoor lighting information for the subject property shall be submitted during
comprehensive development plan review. Such information shall include the
following:
a) Location of all outdoor lighting fixtures including the manufacturer's
specifications of the area to be lighted with such fixtures;
b) Plans indicating the location on the property and the type, of illuminating
devices, fixtures, lamps, supports, reflectors and other devices;
c) Description of the illuminating devices, fixtures, lamps, supports,
reflectors and other devices;
d) Photometric data, such as that furnished by manufacturers, showing the
angle of cut off of light emissions; and
e) Other information as may be deemed necessary by the Zoning
Administrator to determine compliance with the lighting proffers.
7. All dumpsters, loading docks, heating/air conditioning handling units and ground
mounted electrical transformer boxes shall be screened from view from public
rights of way adjacent to the subject property by landscaping, masonry or metal
screen walls.
8. There shall be no building wall signs facing the residentially zoned property along
the easterly side of Griffin Road.
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 shall 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.
11. The following C-2 uses as designated in the Code ofthe 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 (4) Trade and vocational schools of an industrial nature.
36.1-206 (6) Day care centers with unlimited capacity subject to the
requirements of section 36.1-510 et seq.
36.1-206 (7) Churches, synagogues and other places of worship including
accessory co1umbariums.
36.1-206 (8) Libraries, museums, 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 prof~ssional offices including [mancial
institutions.
36.1-206 (24) Medical clinics.
36.1-206 (25) Medical offices.
36.1-206 (26) General service establishments, except for repair or
maintenance of motor vehicles or trailers, provided that, all repair or
maintenance activities shall occur in a wholly enclosed building.
36.1-206 (27) Funeral homes.
36.1-206 (28) Restaurants;;
36.1-206.(29) Hotels, motels, and inns.
36.1-206 (30) Bed and breakfast establishments subject to the
requirements of section 36.1-520 et seq.
36.1-206 (31) General retail establishments primarily engaged in the retail
sale or rental of merchandise, goods,'or products except automobiles,
trucks, or construction equipment; and including the incidental repair and
assembly of merchandise, goods or products to be sold on the premises.
36.1-206 (32) Open air markets selling farm produce, crafts, plants,
secondhand merchandise and other miscellaneous items.
36.1-206 (33) Food stores with unlimited gross floor area.
36.1-206 (34) Neighborhood and highway convenience stores, provided
that no motor vehicle service station canopy over a gas pump island shall
be allowed, unless:
a) Such canopy shall have a maximum clear unobstructed height to its
underside not to exceed fourteen (14) feet six (6) inches. and a
maximum overall height not to exceed sixteen (16) feet six (6)
inches;
b) There shall be no illumination of any portion of the fascia of the
canopy;
c) Any lighting fixtures or sources of light that are a part of the
underside of the canopy shall be recessed into the underside of the
canopy so as not to protrude below the canopy ceiling All such
lighting associated with the canopy shall be directed downward
toward the pump islands and shall not be directed outward or away
from the site;
d) The vertical dimension of the fascia of such canopy shall be no
more than.two (2) feet; and
e) Signs attached to or on such c~opy shall not be illuminated and
shall not extend beyond the ends or extremities of the fascia of the
canopy to which or on which they are attached. ,
36.1-206 (37) New motor vehicle sales and service establishments
provided the lot area for this use is no less than forty thousand (40,000)
square feet.
36.1-206 (38) Auto accessory sales with related installation.
36.1-206 (43) Storage and warehouse activities which are accessory to a
retail use where all storage activities are wholly enclosed in a building
which is located on the same Iotas the retail use and where the gross floor
area of buildings used for storage activities does not exceed fifty (50)
percent of the gross floor area of the retail use.
36.1-206 (47) Plant nurseries and greenhouses including those with retail
sales. (,
36.1-206 (48) Commercial printing establishments which print newspapers
publications and other materials.
36.1-206 (49) Personal service establishments.
36.1-206 (50) Business service establishments.
12. The following C2 uses as designated in the Code of the City of Roanoke shall be
permitted on the subject properties by Special Exception granted by the Board of
Zoning Appeals: '
36.1-207 (2) Fast food restaurants.
36.1-207 (7) Establishments primarily engaged'in the wholesale
distribution of goods where all related activities are wholly enclosed in a
building provided that:
a) The total gross floor area of buildings on a lot shall not exceed
twelve thousand (12,000) square feet.
b) The use is located on a major arterial road or highway.
36.1-207 (8) Manufacturing assembly mixing processing or other
processes which are accessory to a retail use, where all such activities are
wholly enclosed in the same building as the retail use and where no more
than five (5) people are involved in such processes on the premises.
13. As any development on Tracts B and C, as identified on the Concept Site Plan
(Exhibit B), will be visible from public roads from multiple directions the
architectural treatment and palette of exterior materials utilized for any structure
built on either of these tracks shall be applied to all facades of such structure in a
consistent and uniform manner.
14. The seasonal sales area aesignatea on the Caneept Site Pllm (Exhibit B) will be
1:lsea solely for the seasoaal sale of plants, slu1ibs, trees aRa assorteg potted
n1:lfsery proa1:lets tegether ..vith assoeiated bag f)fag1:lets s1:lch as m1:lleh, tap soil
and petting soil. The seasonal sales area v.ill be ill1:lSe, intermittently, fer
approximately six months per year for the sale of plants and plant related items
apf)raf)riate ta the time of the year, sueR as spring aRe swnmer live plants and
Christmas trees aad felated greeaery. No b1:lilaings sheas tmilers lavlfl mewers gas
grills traetors or similar items will be displayed stared or said in the seasonal sales
aFea. The location of outdoor display will be in substantial conformity with the
Outdoor Display Plan prepared by the Home Depot, dated July 17,2010, a copy
of which is attached to this application as Plan Sheet No. C-l.
15. If requested by the City as part of the Comprehensive Development Plan review a
natural non-handicapped accessible pedestrian access will be located between the
Home Depot parking lot and Griffin Road near its intersection with Southern Hills
Drive.
16. The finished grade of Griffin Road ben;een its intersection with Southern Lane
and its intersection with Southern Hills Drive as shown on the Concept Site Plan
(Exhibit B) will not exceed twelve and one-half (12 ~) percent.
17. Ther-e will be R:e elitaoor storage of 800gS materials or mereaandise ather tRaR as
prafferea for the seasonal sales area aesigaatee all the Concept Site Plan. (Exhibit
B) and the areas sW'fOundee by ornamental fence saa'.VB Oll the Ceneept SitePlaa
(Exhibit B) and the Rendering of the Home Depet b1:lileiRg (Exhibit C).
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Adjoining Property Owners List of 4176 Franklin Road Roanoke, VA 24014
Tax Number 5470116
Property Address 4210 FRANKLIN RD SW
Legal Description TRACT A1 (15.323AC) PT AIRHEART TR
Owner Name GAll LEO APOLLO I SUB LTC
Owner 2 Name ' N/A
Owner Address 4210 FRANKLIN RD SW
ROANOKE VA 24014
Neighborhood Number 900
Property Use 40O-CommerciaVlndustrial
Tax Number 5460716
Property Address 4109 SOUTHERN HILLS DR SW
Legal Description TRACT C PINE GROVE
Owner Name SOUTHERN HILLS ROANOKE LLC
Owner 2 Name N/A
Owner Address 1100 KENILWORTH AVE
CHARLOTTE NC 28204
Neighborhood Number 900
Property Use 400-CommerclaVlndustrtal
Tax Number 5480704
Property Address 4110 SOUTHERN HILLS DR SW
Legal Description TRACT B PINE GROVE
Owner Name WESTON ROANOKE LLC (THE)
Owner 2 Name N/A
Owner Address 9643 MCCORMACK PLACE
WINDERMERE FL 34786
Neighborhood Number 900
Property Use 40O-CommerciaVlndustrial
Tax Number 5480301
Property Address 4208 SOUTHERN HILLS DR SW
Legal Description LOT 1 SEC 3 SO HILLS
Owner Name COBBS VIRGINIA L
Owner 2 Name NlA
Owner Address 4208 SOUTHERN HILLS DR SW
ROANOKE VA 24014
Neighborhood Number 310
Property Use 200-SingleFamily
l
Adjoining Property Owners List of 4176 Franklin Road Roanoke, VA 24014
(cont..)
Tax Number 5480341
Property Address 4207 GRIFFIN RD SW .
Legal Description LOT 41 BLK 3 SEC 1 SOUTHERN HILLS
Owner Name SPRING JOHN W & MARY ANN
Owner 2 Name N/A
Owner Address 4207 GRIFFIN RD SW
ROANOKE VA 24014
Neighborhood Number 310
Property Use 200-SingleFamily
Tax Number 5480401
Property Address 4210 GRIFFIN RD SW
Legal Description NEW LOT A BLK 4 SEC 1 SOUTHERN HILLS
Owner Name ALLMAN JAMES A
Owner 2 Name N/A
Owner Address 1630 JUMPING RUN DR
GOODVIEW VA 24095
Neighborhood Number 310
Property Use 20o-SingleFamily
JUST. DUUS II LLC
Address: 4347 FRANKLIN RD, Roanoke VA
Owner Address:
2634 DOVETAIL CIRCLE
ROANOKE, VA24018
LOWES HOME CENTERS INC
Address: 4224 VALLEY AVE
Roanoke, V A
Owner Address:
P. O. BOX 1000
MOORESVILLE. NC 27115
City of Roanoke - GIS
ROANOKE VA
Page 1 of2
Print Report I Full Detail Report I Close Window
Property Information Card for: ROYAL SKIES INVESTORS LIMITED PARTNE
500 L ST 100 STE
ANCHORAGE AK 99501
PARCEL INFORMATION
Tax Number 5470104
Property Address 4176 FRANKLIN RD SW
Legal Description TRACT A OGDEN
Deed Reference 070013904
Deed Reference 2 050014212
Prevo Sale Date 0813112005
Prevo Sale Price 825000
Sale Date 08/1312007
Safe Pri98 $12,070,000.00
Owner ROYAL SKIES INVESTORS LIMITED
PARTNE
500"L ST 100 STE
ANCHORAGE AK 99501
Address
I
Property Acres
OVerlay Zoning
Property Frontage
Property Avg. Depth
Property Area
Basement Area,
Land Assessment
Improvements
Total
10,5840
N/A
510 Feet
660.00 Feet
461,039
N/A
$2,365,100.00
$5,049,800,00
$7,414,900.00
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description."
http://gis.roanokeva.gov/rotDetai1.cfin?maono=54 70104%20%20%20%20%20%20%20%... 6/30/2010
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EXHIBIT "8"
LEGAL DESCRIPTION OF HOME DEPOT PROPERTY
BEGINNING at the southeast intersection of U.S. Route 220 and Oriffm Road, S.W.; Thence with the
southerly rigbt-of.way of Griffm Road, S.W. N 25642'04" E, 43.50 feet to a point; Thence continuing with same
with a curve to the left whose radius is 233.00 feet an arc distance of 158.90 feet (chord == N 46047'59" E, 155.84
feet) to a point; Thence continuing with same N 27015'45" E, 147.00 feet to a point; Thence continuing with same
N 15"21'17" W, 26.58 feet to a point; Thence continuing with Same N 27015'45" E, 51.50 feet to a point; Thence
continuing with same with a curve to the right whose radius is 165.00 feet an arc distance of 19.4.09 feet (chord =
S 60"57'42"W, 183.09 feet) to a point; Thence continuing with same S 85"20'20" E, 49.99 feet to a point; Thence
continuing with same with a curve to the right whose radius is 165.00 feet an arc distance of 101.54 feet (chord =
S 67"42'31" E, 99.95 feet) to a point; Thence continuing with same S 40"52']6" E, 130.62 feet to a point; Thence
continuing with same S 40"11 '58" E, 452.67 feet to a point, said point being the northeast comer of the property of
New Plan Realty Trust (lnst. #980004504, Pg. 84); Thence with the northerly property line of said New Plan Realty
Trust, S 59"29'43" W, 693.10 feet to a point; Thence with the northerly rigbt-of,way of Southern Lane, S.W. .
S 60"17'00" W, 14.44 feet to a point; Thence continuing with same S 60"08'54" W, 157.48 feet to a point on the
easterly right-of.way of U.S. Route 220; Thence with the easterly right-of-way of U.S. Route 220, N 17008'06" W,
403.47 feet to a point; Thence continuing with same N 17005'30" W, 106.15 feet to the POINT OF BEGINNING
and containing 10.539 Acres and being as shown on subdivision plat for Faison-Southern Lane, LLC by Mattern &
Craig dated
Development Agreement Roanoke VA
728024.7 1630.231??oo
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IN THE COUNCIL OF TIlE CITY OF ROANOKE, VIRGINlA,
The 15th day of August, 2005.
No. 37159-081505.
AN ORDINANCE to amend M36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as
. amended, and Sheet Nos. 547 and 548, Sectiona11976 Zone Map, City of Roanoke, by amending
certain conditions presently binding upon certain property previously conditionally zoned C-2,
General Commercial District, by Ordinance No. 33759-040698, and placing such proffers on certain
other property zoned C-2, General Commercial District; and dispensing with the second reading by
title of this ordinance.
WHEREAS, Faison-Southern Lane, LLC and Save-X 2, LLC have made application to the
Council of the City of Roanoke to amend certain conditions presently binding upon Official Tax
Nos. 5470115, 5470113,5470114,5470112, 5470111, 5470108,54 70109,5470110,5480701 and
5480704, which property was previously rezoned by the adoption of Ordinance No. 33759-040698,
adopted Apri16, 1998; ,
WHEREAS, Faison-Southern Lane, LLC and Save-X 2, LLC seek to have the subject
property zoned C-2, General Commercial District, with proffers amended from those accepted by
City Council in Ordinance No. 33759-040698, adopted Apri16, 1998;
WHEREAS, Faison-Southern Lane, LLC and Save-X 2, u.c seek to have the proffered
conditions which they seek to have applied to the above-referenced parcels of property apply to
Official Tax Nos. 5470104, 5470103; 5470102, 5480717 and 5480718, which are zoned C-2,
General Commercial District,
WHEREAS, tQ.e City Planning Co~ssion, which after giving proper notice to all
concerned as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, and after
conducting a public hearing on the matter, has made its recommendation to Council;
WHEREAS, a public hearing was held by City Council on such application at its meeting on
August 15, 2005, after due and timely notice thereof as required by S36.1-693, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an
opportunity to be heard, both for and against the proposed amendment; and
WHEREAS, this Council, after considering the aforesaid application, the recommendation
made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the conditions now binding upon Official Tax
Nos. 5470115, 5470113, 5470114,5470112,5470111,5470108,5470109, 5470110, 5480701 and
5480704, which property was previously rezoned C-2, General Commercial District, with proffers,
by the adoption of Ordinance No.33759-040698, adopted April 6, 1998, should be amended, and
Official Tax Nos. 5470104, 5470103, 5470102, 5480717 and 5480718, zoned C-2, General
Commercial District, should be rezoned to C-2, General Commercial District, with proffers, as set
forth in the Third Amended Petition to Amend Proffers filed in the City Clerk's Office on July 29,
2005.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Sections 36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, mid
Sheet Nos. 547 and 548 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect
that Official Tax Nos. 5470115, 5470113, 5470114, 5470112, 5470111, 5470108, 5470109,
5470110,5480701,5480704,5470104,5470103,5470102, 5480718 and 5480717 be rezoned C-2,
General commercial District, with proffers as set forth in the Third Amended Petition to Amend
Proffers filed in the City Clerk's Office on July 29,2005, and as set forth in th~report of the Planning
Commission dated August 15,2005, so that the subject property is zoned C.;.2, General Commercial
District, with such proffers.
2. Pursuantto the provisions of Section 12 of the City Charter, the second reading of this
ordinance by title is her<t~Y dispensed with.
ATTEST: /?
A~ j(~kt
City Clerk.
-
Jt:\oJU)INANCIlS\O-ANENI>>'RO"w (I'AISON.sourHERN LAI'lII) 0I15O'.1lOC
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THIRD
AMENDED
PETITION TO AMEND PROFFERED CONDITIONS
AND PROFFER QF CONDITIONS
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
INRE:
Amendment and Substitution of Proffered Conditions on eleven (11) and Proffer of
Conditions on four (4) tracts ofland lying and being in the City of Roanoke, Virginia and briefly
described as:
Tax Map No. 5470115, 1.48 acres, Pine Grove, 4156 Southern
Lane, S. W.; Tax Map No. 5470113, 0.5 acres, Part Lot 4, Maggie
Redd Property, 4148 Southern Hill Lane, S.W.; Tax Map No.
5470114,0.84 acres, Pine Grove, Griffin Road, S.W.; Tax Map
No. 5470112, 1.34 acres, Pine Grove, 4325 Southern Hills Lane,
S.W.; Tax Map No. 5470111, 1.19 acres, Pine Grove, 4134
Southern Lane, S.W.; Tax Map No. 5470108, 0.51 acres, Pine
Grove, Southern Lane, S.W.; Tax Map No. 5470109,0.71 acres,
Pine Grove, 4146 Southern Hills Drive, S.W.; Tax Map No.
5470110, 0.()6 acres, Pine Grove, Griffin Road, S.W.; Tax Map
No. 5480701,0.18 acres, Part Parcel No.3, Pine Grove, 4118
Southern Hills Lane, ~.W. and Tax Map No. 5480704, 5.3 acres,
Pine Grove, 4116 Southern Hills Drive, S.W., Tax Map No.
5480718, .357 acres, Pine Grove, Franklin Road, S.W., Tax Map
No. 5480717, .143 acres, Pine Grove, Franklin Road, S. W., Tax
Map No. 5470103, .245 acres, Ogden, 4166 Franklin Road, S.W.,
Tax Map No. 5470104, .98 acres, Ogden, 4176 Franklin Rd., S.W.,
Tax Map No. 5470102, .4 acres, Ogden, Franklin Rd., S.W.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
By Ordinance ~o. 33759-040698 at the request of Southern Lane Group, LLC, a Virginia
limited liability company, City Council rezoned the property identified as Tax Map Nos.
547011S,S470113~5470114,5470112,S470111,5470108,S470109,5470110,5480701 and
5480704 from RS.-3 to C-2, General Commercial District, with proffered conditions. This
property, together with Tax Map Nos. 5470103,5470102,5480717 and 5480718~ which are also
zoned C-2, General Commercial District, were to be combined as the site for a retail out parcel
development as shown on map of the referenced property attached hereto as Exhibit A.
{110932227-1.093230-00041.o1}
Petitioner, Faison-Southern Lane, LLC, owns the abQve referenced property and is the
, .
contract purchaser of the property identified as Tax No. 5470104 which.is zoned C-2, General
Commercial District. Faison-Southern Lane, LLC requests that the proffered conditions which,
apply to the above-referenced parcels of property be amended and that the conditions proffered
in this Petition apply to all of the property owned by or under contract to Petitioner Faison-
Southern Lane, LLC. Save-X 2 LLC, the Virginia limited liability company that owns Tax Map
No. 5470104, joms with Petitioner Faison-Southern Lane, LLC in this request.
Petitioner, Faison-Southern Lane, LLC believes that the repeal of proffers in Ordinance
No. 33759-040698 in favor ofthe conditions proffered in this Petition will further the intent and
the purpose of the City's zoning ordinance and its comprehensive plan in that it would allow for
a better use of the property of Petitioner.
Petitioner hereby requests that the following proffers enacted by Ordinance No. 33759-
040698 be repealed:
1. The property will be developed in substantial
conformity with the Development Plan prepared by Lumsden
Associates, dated June 17, 1997, and revised August 7, 1997, a
copy of which is attached to the Petition for Rezoning as Exhibit
B, subject to any changes required by the City as part of
Comprehensive Development Plan review.
2. The exterior treatment of all buildings on the
property shall be architecturally finished and shall be consistent in
the use of architectural details and materials on all sides of the
building.
3. All lighting on the property shall consist of fixtures
designed with shields that direct illwnination away from the
adjoining residential neighborhood along the easterly side of
Griffin Road.
4. All dumpsters, loading docks and heating/air
conditioning handling units shall be screened from view by
landscaping, masonry or metal screen walls.
(tI0932227 -1 , 093230-00041.(1)
2
5. There shall be no building wall signs facing the
residentially zoned neighborhoods along the easterly side of
Griffin Road.
6. Outdoor advertising, as defmed in the Roanoke City
Code, shall not be permitted.
7. The combined surface area of all signs on the
commercial lots, including signs erected in a required yard, shall
not exceed 2.5 square feet for each foot of lot frontage for the first
one hundred feet oflot frontage, and an additional 1.0 square feet
for each foot of lot frontage remaining. All freestanding sign
structures shall be limited to one per lot with a signage area no
greater than 100 square feet.
8. Tract E shall not be used as a restaurant. Any
restaurants located on Tracts, D, G & F shall not be Fast Food
restaurants. Any restaurants constructed on Tracts D, G & F shall
contain odor abatement equipment to abate the disbursement of
cooking odors to the outdoors.
9. Any structure constructed op Tract E, including a .
motel or hotel, will be no more than three (3) stories high or a
maximum of 45 feet measured from ground level.
10. A sidewalk shall be included along the northern side
of the relocated Southern Hills Drive, and continue along the
eastern side of Southern Lane, such, sidewalk shall run the length
of the relocated Southern Hills Drive on the site and that portion of
Southern Lane shown on the Development Plan.
11. The following C.2 uses as designated in the Code of
the City of Roanoke shall not be permitted on Tracts D, E, For G:
36.1-206( 11) Police stations.
36.1-206(14) Military reserve and National Guard centers.
36.1-206(15) Training facilities .related to police, rue, rescue and
ambulance uses. ,.
36.1-206( 19) Coliseums, stadiums, exhibition halls, and similar
facilities.
36.1-206(21) Parks and playgrounds.
I
36.1-206(22) Drive-in movie theaters.
36.1-206(34) Neighborhood and hi.ghway convenience stores.
(tI0932227.1, 09323().()0()4 Hl1 ) .
3
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36.1-206(35) Outdoor advertising subject to the requirements of
section 36.1-440 et seq.
36.1-206(36) Gas stations.
36.1-206(39) Automobile 'cleaning facilities.
36.1-206(40) Automobile repair establishments except painting
and body shops.
36.1-206(42) Public parking structures.
36.1-206(44) Bus terminals for the loading and unloading of
passengers.
36.1-206(45) Veterinary clinics with no outside corrals or pens.
36.1-206(46) Kennels with no outside pens or "runs." .
36.1-206(47) Plant nurseries and greenhouses including those
with retail sales. (Ord. No. 28611, ~ 2,4-27-87; Ord. No. 29932,2-
20-90; Ord. No. 30648A, 8-26-9 1).
36.1-207( 1) Group care facilities subject to the requirements of
section 36.1-560 et seq.
36.1-207(4) Establishments primarily engaged in the sale or
rental of automobiles, trucks and construction equipment including
the incidental repair and maintenance of vehicles where the lot area
is less than twenty thousand (20,000) square feet.
36.1-207(5) Automobile painting and body shops provided that
there shall be no outdoor storage of damaged automobiles,
equipment, auto parts or other materials.
36.1-207(9) , Utility substations, transmission lines and towers,
booster stations, relay stations and transfonners, ai1d similar uses
provided that light, fumes, noise, unsightliness, or other associated
activities or emissions are adequately screened from the
surrounding neighborhood.
36.1-207(1 0) Medicalla~ratories.
Additionally, open air markets selling second hand merchandise and other miscellaneous
items shall not be permitted on Tracts D, E, F or G.
12. Signage approved by the petitioner and the City of
Roanoke, and identifYing the Southern Hills Neighborhood shall
(Mlll32227-1.093230-00041.Q1)
4
..----~._--' - .~."'_. '. '-:-;'"~.','~'
be placed on both sides of Southern Hills Drive at its intersection
with Griffin Road.
13. Petitioner's landscape buffering/screening along
Griffin Road shall be designed so that a row of evergreen trees
shall face the residential neighborhood located on the easterly side
of Griffin Road, followed by a secOnd and interior row of
deciduous trees, subject to any changes required by the City as part
of Comprehensive Development Plail review.
Petitioner hereby requests that the following proffered conditions be substituted and
adopted for those existing proffers delineated above and apply to all of the referenced property
owned by or under contract by the Petitioner:
1. The property will be developed in substantial conformity with the Concept Site
Plan, The Home Depot, Franklin Road and Valley Avenue, City of Roanoke, Virginia prepared
by Mattern & Craig, dated July 8, 2005, a copy of which is attached to this Petition as Exhibit B,
subject to any changes required by the Virginia Department of Transportation or the City as part
of Comprehensive Development Plan review.
2. The 105,000:i; s.f. commercial building shall be architecturally finished in
substantial conformity with the July 25, 2005, r~dering of The Home Depot, City of Roanoke,
Franklin Road & Valley Avenue, by Architectural Group International, a copy of which is
attached to this Petition as Exhibit C.
3. Any outdoor light fixture shall be a full cutoff fixture or a decorative fixture with
full cutoff optics. A "full cutoff fixture" shall mean an outdoor li~t fixture shielded in such a
manner that all light emitted by the fixture, either directly from the lamp or indirectly from the
fixture, is projected below the horizontal plane. A "decorative fixture with full cutoff optics"
shall mean an outdoor light fixture with manufacturer-provided or manufacture-installed full cut-
off optics.
{1I0932227-1.093230-00041..o1)
5
~.-:-:-----'---:. . ,.... ./'
-'-----:--- ..
.....,._.,. ,,-'o..~_"_____
4. The spillover oflighting from any parking area on the subject property onto
public rights-of-way or abutting property in residentially zoned districts shall not exceed one-half
(0.5) foot candle at the property line.
5. Any outdoor lighting in parking areas shall not exceed forty (40) feet in height.
The maximum height shall apply to the height of the poles or other standards to which the
,
fixtures are attached or the top most point of the fixture itself, whichever is higher.
6. Outdoor lighting infonnation for the subject property shall be submitted during
comprehensive development plan review. Such infonnation shall include the following:
(a) Location of all outdoor lighting fixtures including the manufacturer's
specifications of the area to be lighted with such fixtures;
(b) Plans indicating the location on the property, and the type, of illuminating
devices, fixtures, lamps, supports~ reflectors and other devices;
(c) Description of the illuminating devices, fixtures, lamps, supports, reflectors and
other devices;
(d) Photometric data, such as that furnished by manufacturers, showing the angle of
cut off of light emissions; and
(e) Other information as may be deemed necessary by the Zoning Administrator to
determine compliance with the lighting proffers.
7. All.dumpsters, loading docks, heating/air conditioning handling units and ground
mounted electrical transformer boxes shall be screened from view from public rights of way
adjacent to the subject property by landscaping, masonry or metal screen walls.
8. There shall be no building wall signs facing the residentially zoned property along
the easterly side of Griffin Road.
{#0932227-1. 0932~1.(1)
6
~.~._-.;,.....;....-,~.--.....:..,....!",,'"
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 shall 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.
11. The fol,lowing C-2 uses as designated in the Code of the City of Roanoke shall be
pennitted 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 (4) Trade and vocational schools of an industrial nature.
36.1-206 (6) Day care centers with unlimited capacity subject to
the requirements of section 36.1-510 et seq. .
36.1-206 (7) Churches, synagogues and other places of worship
including accessory columbariums.
36.1-206 (8) Libraries, museums, 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 ~lleys,
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.
(tI0932227-1.093230-00041.o1)
7
36.1-206 (24) Medical clinics.
36.1-206 (25) Medical offices.
36.1-206 (26) General service establishments, except for
repair or maintenance of motor vehicles or trailers, provided that.
all repair or maintenance activities shall occur in a wholly enclosed
building.
36.1-206 (27) Funeral homes.
36.1-206 (28) Restaurants.
36.1-206 (29) Hotels, motels, and inns.
36.1-206 (30) Bed and breakfast establishments subject to the
requirements of section 36.1-520 et seq. .
36.1-206 (31) General retail establishments primarily engaged in
the retail sale or rental of merchandise, goods, or products except
. automobiles, trucks, or construction equipment; and including the
incidental repair and assembly of merchandise, goods or products
to be sold on the premises.
36.1-206 (32) Open air markets selling farm produce, crafts,
plants, secondhand merchandise and other miscellaneous items.
36.1-206 (33) Food stores with unlimited gross floor area.
36.1-206 (34) Neighborhood and highw~y convenience stores,
provided that no motor vehicle service station canopy over a gas
pump island shall be allowed, unless:
(a) Sucb canopy shall have a maximum clear,
unobstructed height to its underside not to exceed fourteen (14)
feet six (6) inches and a maximum overall height not to exceed
sixteen (16) feet six (6) inches;
(b)" There shall be no illumination of any portion of the
fascia of the canopy;
'.
(c) Any lighting fixtures or sources of light that are a
part of the underside ofthe canopy shall be recessed into the
underside of the canopy so as not to protrude below the canopy
ceiling. All such lighting associated with the canopy shall be
directed downward toward the pump islands and shall not be
directed outward or away from the site.
(d) The vertical dimension of the fascia of such canopy
shall be no more than two (2) feet; and
{#0932227-1,093230-00041.(1)
8
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( e) Signs attached to or on such canopy shall not be
illuminated and shall not' extend beyond the ends or extremities of
the fascia of the canopy to which or on which they are attached.
36.1-206 (37) New motor vehicle sales and service
establishments, provided the lot area for this use is no less than
forty thousand (40,000) square feet.
36.1-206 (3'8) Auto accessory sales with related installation.
36.1-206 (43) Storage and warehouse activities which are
accessory to a retail use where all storage activities are wholly
enclosed in a building which is located on the same lot as the retail
use and where the gross floor area of buildings used for storage
activities does not exceed fifty (50) percent, of the gross floor area
of the retail use.
36.1-206 (47) Plant nurseries and greenhouses including those
with retail saleS. .
36.1-206 (48) Commercial printing establislunents Which print
newspapers, publications, and other materials.
36.1-206 (49) Personal service establislunents.
36.1-206 (50) Business service establislunents.
12. The following C-2 uses as designated in the Code of the City of Roanoke shall be
permitted on the subject properties by Special Exception granted by the Board of Zoning
Appeals:
36.1-207 (2) Fast food restaurants.
36.1-207 (7) ~tablishments primarily engaged in the wholesale
distribution of goods where all related activities are wholly
enclosed in a building provided that:
(a) The total gross floor area of buildings on a lot shall
not exceed twelve thousand (12,000) square feet.
(b)
highway.
The use is located on a major arterial road or
36.1-207 (8) Manufacturing, assembly, mixing, processing or
other processes which are accessory to a retail use, where all such
activities are wholly enclosed in the same building as the retail use
(#O932227 -1, 09323().000.41-O')
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and where no more than five (5) people are involved in such
processes on the premises.
13. As any development on Tracts Band C, as identified on the Concept Site Plan
(Exhibit B), will be vi~ible from public roads from multiple directions, the architectural
treatment and palette of exterior materials utilized for any structure built on either of these tracks
shall be applied to all facades of such structure in a consistent and uniform marmer.
14. The seasonal sales area designated on the Concept Site Plan (Exhibit B) will be
used solely for the seasonal sale of plants, shrubs, trees and assorted potted nW'Sery products
together with associated bag p~ucts such as mulch, top soil and potting soil. The seasonal
sales area will be in use, intermittently, for approximately six months per year for the sale of
plants and plant related items appropriate to the time of the year, such as spring and summer live
plants and Christmas trees and related greenery. No buildings, sheds, trailers, lawn mowers, gas
grills, tractors or similar items will be displayed, stored or sold in the seasonal sales area.
15. If requested by the City as part of the Comprehensive Development Plan review, a
natural non-handicapped accessible pedestrian access will be located between the Home Depot
parking lot and Griffin Road near its intersection with Southern Hills Drive.
16. The finished grade of Griffin Road between its interseCtion with Southern Lane
and its intersection with Southern Hills Drive as shown on the Concept Site Plan (Exhibit B) will
not exceed twelve and one-half (12 Yz) percent.
: 17. There will be no outdoor storage of goods, materials or merchandise other than as
proffered for the seasonal sales area designated on the Concept Site Plan (Exhibit B) and the
areas surrounded by ornamental fence shown on the Concept Site Plan (Exhibit B) ,and the
Rendering of the Home Depot building (Exhibit C).
{#O932227-1. 0932~041-O1}
10
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Attached as Exhibit E are the names, addresses and tax numbers of the owner or owners
of all lots or property immediately 8djac~t to and immediately across a street or road from the
subject property.
WHEREFORE, the Petitioner requests that the'above-described amended proffers be
approved as herein set out in accordance with the provisions of the Zoning Ordinance of the City
of Roanoke.
Respectfully submitted, this#th day of July, 2005.
Respectfully submitted,
FAISON-SOUTHERN LANE, LLC
By: (("6> -- />
KentR~
SA VB-X 2, LLC
By: SA VE-X USA, INC.
By. KL{&/ Pre&
/;;?" .J2
James F. Douthat, Esq.
Woods Rogers PLC
10 S. Jefferson Street, Suite 1400
P.O. Box 14125
Roanoke, VA 24038-4125
540-983-7662
Counsel for Faison-Southern Lane, LLC
And Save-X 2 LLC
{#0932227.1, 093230-00041~1}
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ADJACENT PROPERTY
CITY OF ROANOKE, VIRGINIA
TAX NO. OWNER MAILING ADDRESS
5470116 New Plan Realty Trost P.O. Box 4900. Scottsdale. AZ 85261
5470201 WR Grant 1613 Dunbar St.. NW. Roanoke. VA 24012
5480401 J lU'Iles A. Allman 1630 Jumping Run Dr., Goodview, VA
24095
5480301 Virginia L. Cobbs 4208 Southem Hills Dr., SW, Roanoke, VA
24014
5480341 ' John W. & Mary Ann Spring 1757 Tapa Canyon Suite 300, Simi Valley,
CA 93063
5480121 Rama May Ford 4215 Rov Drive. SW. Roanoke, VA 24014
5480703 HeDlY H. & Madeline D. Muse 4049 Griffin Rd.. SW. Roanoke. VA 24014
5480716 City of Roanoke, Virginia 1317 Loudon Ave., NW, Roanoke, VA
24014
5480706 A Gary & Jeanne Yamine 6760 ChristoDher Dr., Roanoke, VA 24018
5480705 Charles B. & Catherine C. Lon2 4527 Burma Rd.. Radfotd. VA 24141
5470104 SA VB-X 2 LLC 416 S.lefferson St., Ste. 205, Roanoke, VA
24011
COUNTY OF ROANOKE, VIRGINIA
"
PARCEL ID# OWNER MAILING ADDRESS
087.08-05-01.00- Lowes Home Centers Inc. 4224 Valley Avenue, Roanoke, VA 24014
??oo ,
087.08-05-02.00- lust Duus IT LLC 4347 Franklin Road, Roanoke, VA 24014
OOOQ
077.20-01-40.00- First National Exchange 4143 Franklin Road, Roanoke, VA 24014
0000 Bank '.
087.08-01-02.00- Old Heritage Cotp. 4252 Summit Street, Roanoke, VA 24014
??oo
. EXHIBIT
IA
{IJ0922078-1.10821t~1}
The Roanoke Times c-NOnCrOFPUBU-1
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ + _ _ _ _ _ _ _ _ _ _\ C
I The CO~~~lf~~e City of
I Roanoke will hold a public
he.aring on Monday,
I September 20, 2010, at
I 7:00 p,m., or as'soon
thereafter as ttie matter
I may be heard, in the
Council Chamber, fourth
I floor, in the Noel C, Taylor
Municipal Building, 215
I Church Avenue, .S,W"
IRoa,noke, Virginia, to
I 'consider the following:
I ' Request from Home Depot
'U.S,A" Inc., to amend
I ,Proffered Condition No. 14
and repeal Proffered
I ICOnditiOn No. 17, as set
forth in the Third Amended
I Petition to Amend Proffered
i Conditions and Proffers of
I Icondit!OnS filed on July 29,
2005, and accepted by City
I Counci! by the adoption of
Ordinance No,
I 37159-081505, as they
I pertain to the parcel of land
at 4176 Franklin Road
I S.W" bearing Official Ta~
No, 5470,104, such
I amendment of proffers to
allow for the outdoor
I storage and display of
goods and merchandise as
I set forth in the Applica/;on
for. an Amendment of
I Proffered Conditions dated'
July 12, 2010. The
I proposed general usage of
/ t~e property is commercial,
with a floor area ratio up to,
I 5,0. The comprehensive I
plan designates the
I property for commercial
uses, with no density
/ specified.
, A copy of the application
I : IS ayallable for review in the
I Office of the City Clerk;
Room 456, Noel C. Taylor
I Municipal Building, 215
Church Avenue, S,W.,
I Roanoke, Virginia.
All parties in Interest and
I citizens may appear on the
above date and be heard on
I 'the matter, If you' are a
,person with a disability who
I ineeds accommodations for
I jthis hearing, please contact
,the City Clerk's Office at
I 1853-2541, before noon' on .
the Thursday before the
I Idate of the hearing listed
,above.
I GIVEN under my hand this
,31st day of August,.2010,
I Stephanie M, Moon, CMC
I City Clerk.
I ,(12323283)
I
I
I
MARY M. TROTT, AGENT
4176 FRANKLIN ROAD, W
ROANOKE VA 24014
REFERENCE:
80175568
12323283
NPH-Home Depot
State of Virginia
City of Roanoke
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. S~orn and subscribed before me this
__~ay of SE T 2010. Witness my hand and
official seal.
PUBLISHED ON:
09/03
09/10
TOTAL COST:
FILED ON:
486.72
09/10/10
Notary Public
\\,111111111
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--------------------------------------------------+------------------------
Billing Services Representative
02: 1m!d 17 1- d3S 0 1. ~iM3TI ;\.11:]
0t~o
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, September 20,
2010, at 7 :00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth
floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to
consider the following:
Request from Home Depot U.S.A., Inc., to amend Proffered Condition No.
14 and repeal Proffered Condition No. 17, as set forth in the Third Amended
Petition to Amend Proffered Conditions and Proffers of Conditions filed on
July 29, 2005, and accepted by City Council by the adoption of Ordinance
No. 37159-081505, as they pertain to the parcel of land at 4176 Franklin
Road, S.W., bearing Official Tax No. 5470104, such amendment of proffers
to allow for the outdoor storage and display of goods and merchandise, as set
forth in the Application for an Amendment of Proffered Conditions dated
July 12, 2010. The proposed general usage ofthe property is commercial with
a floor area ratio up to 5.0. The comprehensive plan designates the property
for commercial uses, with no density specified.
A copy ofthe application is available for review in the Office of the City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed
above.
GIVEN under my hand this 31st day of August
,2010.
.Stephanie M. Moon, CMC
City Clerk.
I-Iome Depot-amend profelTed conditions,doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, September 3, and Friday, September 10,2010.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
NPH-Home Depot.doc
Send Bill to:
Mary M. Trott, Agent
4176 Franklin Road, S. W.
Roanoke, Virginia 24014
(540) 772-3087
Mary trott@homedepot.com
AMENDMENT OF PROFFERS
Home Depot USA, 4176 Franklin Road, SW.
Tax No. 5470104
)AFFI DAVIT
)
COMMONWEALTH OF VIRGINIA
)
) TO-WIT:
)
CITY OF ROANOKE
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to
the Roanoke City Planning Commission, and as such is competent to make this affidavit
of her own personal knowledge. Affidavit states that, pursuant to the provisions of
Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning
Commission of the City of Roanoke, she has sent by first-class mail on the 2nd day of
August, 2010, notices of a public hearing to be held on the 19th day of August, 2010, on
the request captioned above to the owner or agent of the parcels as set out below:
Tax No. Owner Mailinq Address
5470116 Galileo Apollo I 4210 Franklin Road, SW
Roanoke, VA 24014
5480718 Southern Hills Roanoke LLC 1100 Kenilworth Avenue
Charlotte,NC 28204
5480704 Weston Roanoke LLC 9643 McCormack Place
Windermere, FL 34786
5480301 Virginia L. Cobbs 4208 Southern Hills Drive
Roanoke, VA 24014
5480341 John and Mary Spring 4207 Griffin Road, SW
Roanoke, VA 24014
5480401 James A. Allman 1630 Jumping Hun Drive
Goodview, VA 24095
County Just Duus II LLC 2634 Dovetail Circle
(4347 Franklin Road, SW) Roanoke, VA 24018
County Lowes Home Centers Inc. POBox 1000
(4224 Valley Avenue) Mooresville, NC 27115
Also Notified: Phyllis Hill, Southern Hills NH Council, 4305 Van Winkle Road 24014
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CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk .
JONATHAN E. CRAFT
Deputy City Clerk
September 1 , 2010
CECELlA T. WEBB
Assistant Deputy City Clerk
Mary M. Trott, Agent
4176 Franklin Road, S. W.
Roanoke, Virginia 24014
Dear Ms. Trott:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
September 20,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., on the request of Home Depot U.S.A., Inc., to amend and repeal certain
conditions as set forth in the Application for an Amendment of Proffered Conditions dated
July 12, 2010.
For your information, I am enclosing copy of a notice of public hearing. Please review the
document and if you have questions, you may contact Steven J. Talevi, Assistant City
Attorney, at 540-853-2431.
It will be necessary for you, or your representative, to be present at the September 20th
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
~Ih, h-Joo-.0
Stephanie M. Moon, CMC
City Clerk
SMM:ctw
Enclosure
~ "',
/
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
September 1 , 2010
Galileo Apollo I Sub LTC Southern Hills Roanoke, LLC
The Weston Roanoke, LLC Virginia L. Cobbs
John W. and Mary Ann Spring James A. Allman
. Just Duus II, LLC Lowes Home Centers, Inc.
Phyllis Hill, Southern Hills Neighborhood Council
Ladies and Gentlemen:
JONATHAN E. CRAFT
Deputy City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
September 20,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., on the request of Home Depot U.S.A., Inc., to amend' and repeal certain
conditions as set forth in the Application for an Amendment of Proffered Conditions dated
July 12,2010.
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questionswith regard to the matter, please call the Department
of Planning, Building and Development at 540-853-1730.
If you would like to' receive a copy of the report of the City ~Ianning Commission, please call
the City Clerk's Office at 540-853-2541.'
~in~erel~ J
~~J-V 'rn_ 0'0\00Y0
Stephanie M. Moon, CMC l
City Clerk
SMM:ctw
. ~.
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THE ROANOKE VALLEY COMMUNITY BAND
Ralph L. Fuller: Marketing Director
3117Fleetwood Ave.S.W.
Roanoke, Va. 24015
September 12, 2010'
Honorable David Bowers Mayor
City of Roanoke
215 Church Ave. S. W.
Roanoke, Va. 24011
RECEIVED
/ .
SEP~ 1 5 2010
MAYOR'S OFFICE
Dear Mayor Bowers::
In 2007, The Roanoke Valley Community Band represented Roanoke at the Four Hundred
Anniversy of America iil Jamestown Va. and 'the City of Roanoke
was kind enough to donate ohe thousand dollars to help with expenses. We were the band to
play at prime time on the main stage.
We are asking the City of Roanoke to help in our 2011. spring concert. We plan to present Evita
and Phantom of the Opera at the Jefferson Center '
We are requesting that you ask city councel for one thousand two hundred dollars [$1,200.00] for
our 2011 spring concert at the Jefferson Center
We have been advised that you are the one who can take this to city councel
S~inCereIY:' ~"':' ""''''''
.. , ,
. .
. .
. -, . ,"
. '. ' .' -' .. . .
". '. " .,'
Ralph L. Fuller
c.~~
\
~.
ROANOKE
OFFICE OF THE CITY MANAGER
Noel C. Taylor Municipal Building
215 Church Avenue, SW, Room 364
Roanoke, Virginia 24011
540.853.2333
www.roanokeva.gov
October 20,2010
Mr. Ralph l. Fuller, Marketing Director
The Roanoke Valley Community Band
3117 Fleetwood Avenue SW
Roanoke, Virginia 24015
(
Dear Mr. Fuller:
This correspondence is to address your request for funding for the Roanoke Valley Community
Band's 2011 Spring Concert. First, let me say that I appreciate the concerted efforts of the RVCS
staff to promote arts and culture and provide entertainment in our community. Roanoke is a hub for
the arts and cultural community and has a surprisingly strong cultural presence that rivals those of
larger urban centers. The City yiews arts and culture as an essential component to the community
and recognizes its potential to enhance the quality of life for our citizens. This is demonstrated in the
city's commitment to provide approximately $259,000 in funding to the Roanoke Arts Commission
for the promotion of arts and humanities.
In regards to your request, I spoke with Dylan Locke, Artistic Director of the Jefferson Center, to
inquire about the rental rate of the Shaftman Performance Hall. Mr. Locke is willing to provide a
reasonable reduction in the rental rate to the city. As a result, I have agreed to fund the $600.00
rental cost for the RVCS's use of the facility for the 2011 Spring Concert and will provide the
payment directly to the Jefferson Center.
In the future, I ask that you participate in the Roanoke Arts Commission application process for all
arts and cultural funding requests. The Roanoke Arts Commission (RAC) is tasked with advising and
assisting City Council on matters relating to the advancement of the arts and humanities within the
city. The Agency Funding Advisory Committee of the RAC makes annual recommendations to City
Council for expenditure of funds to arts and cultural non.profit organization. Its application is made
available annually through the Office of Economic Development during mid-January. This process
ensures that all arts and cultural resources are fairly considered and that there is no precedence
established th~t would encourage other arts and cultural organizations to seek funding for artistic
performances outside the purview of the RAC.
Again, I thank you and the staff of the Roanoke Valley Community Sand for your efforts in promoting
and enhancing arts and culture in our community. I am hopeful that this letter has addressed your
concerns. Should you have any further questions, please feel free to contact Susan Jennings, Public
Art Coordinator, at (540) 853-2715.
ChristopHer P. Morrill
City Manager
cc: Mr. Myron White, Director
Mayor David A. Bowers
Sherman Stovall, Director of OMB
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M, MOON, CMC
City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
September 22, 2010
David Greer, Agent
4720 Sanders Drive, N. E.
Roanoke, Virginia 24019
Dear Mr. Greer:
I am enclosing copy of Ordinance No. 38951-092010 rezoning property located at 3454
Cove Road, N. W., Official Tax Nos. 6440211 and 6440210, fromR7, Residential Single
Family District, to IN, Institutional District, subject to certain conditions as set forth in the
Zoning Amended Application No.2 dated August 19, 2010.
. The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, September 20, 2010; and is in full force and effect
upon its passage.
J
ecelia T. Webb
Assistant Deputy City Clerk
Enclosure
David Greer
September 22, 2010
Page 2
. pc: Doris V. McKinney, 4735 Barclay Square, S. W., Roanoke, Virginia 24018
B.M. and Frances Hale, 3451 Cove Road, N. W., Roanoke, Virginia 24017
Daniel A. Grey, 3511 Cove Road, N. W., Roanoke, Virginia 24017
Henry T. Phan, et als, 3448 Cove Road, N. W., Roanoke, Virginia 24017 .
Harvey and Dianne Cardwell, 3466 Cove Road, N. W., Roanoke, Virginia 24017
Marie N. Lapierre, 3518 Cove Road, N. W., Roanoke, Virginia 24017
J. Donald Pugh, P. O. Box 6172, Roanoke, Virginia 24017
Ernest and Rebecca Johnson, 3524 Cove Road, N. W., Roanoke, Virginia 24017
Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Susan Lower, Director of Real Estate Valuation
Philip Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
.fv
~~..
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2010.
No. 38951-092010.
AN ORDINANCE to amend S 36.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia; dated December 5,
2005, as amended, to rezone certain property within the City, subject to certain conditions
proffered by the applicant; and dispensing with the second reading of this ordinance by
title.
WHEREAS, Inglesia De Dios Pentecostal M.l., has made application to the
Council of the City of Roanoke, Virginia ("City Council"), to have the property located at
3454 Cove Road, N.W., Official Tax Nos. 6440211 and 6440210, rezoned from R-7,
Residential Single Family District, to IN, Institutional District, subject to certain
conditions;
WHEREAS, the City Planning Commission, after giving proper notice to, all
concerned as required by S36.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on September 20,2010, after due and timely notice thereof as required by S36.2-
540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for and against the
proposed rezoning; and
WHEREAS, this Council, -. after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
0- IngJesia De Dios-rezone with proffers. doc
1
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
the subject property, and for those reasons, is of the opinion that the hereinafter described
- -
property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Nos. 6440211 and 6440210, located at
3454 Cove Road, N.W., be, and is hereby rezoned from R-7, Residential Single Family
District, to IN, Institutional District, subject to certain conditions proffered by the
petitioner, as set forth in the Zoning Amended Application No.2 dated August 19,2010.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading ofthis ordinance by title is hereby dispensed with.
City Clerk.
O-lngJesia De Dios-rezone with proffers.doc
2
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
Architectural Review Board
Board of Zoning Appeals
Planning Commission
September 20,2010
Honorable David A. Bowers, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable Raphael E. Ferris, Council Member
Honorable Sherman P. Lea, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Request from Iglesia De Dios Pentecostal M.1. to rezone
property located at 3454 Cove Road, N.W., Official Tax
Nos. 6440211 and 6440210, from R-7, Residential Single
Family, to IN, Institutional District, for a place of worship,
subject to conditions proffered by the applicant.
Planning Commission Public Hearing and Action:
The Planning Commission held a public hearing on the request on Thursday,
August 19, 2010. Discussion at the public hearing is included at the end of this
report. By a vote of 7-0, the Commission recommended approval, finding the
application to rezone the subject property to be consistent with the City's Zoning
Ordinance, Vision 2001-2020, and the Peters Creek North Neighborhood Plan.
The request provides for the continued mix of churches, schools, and commercial
centers within the City's neighborhoods that allow residents to obtain a variety of
services in close proximity to their homes.
Rl:A:
Angela Penn, Chair
City Planning Commission
cc: William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager
Applicant
Members of City Council
Page 2
September 20, 2010
Application Information
Request: Rezoning, Conditional
Owner: Luz Rodriguez
Applicant: Iglesia de Dios Pentecostal M.1.
Authorized Agent: David E. Greer (DEG Design & Services)
City Staff Person: Maribeth B. Mills
Site Address/Location: 3454 Cove Road NW
Official Tax Nos.: 6440211 and 6440210
Site Area: 3.2198 acres
Existing Zoning: R-7, Residential Single-Family District
Proposed Zoning: IN, Institutional with Conditions
Existing Land Use: Single-family dwelling and vacant
Proposed Land Use: Place of Worship
Neighborhood Plan: Peters Creek North Neighborhood Plan
Specified Future Land Use: Multifamily Residential I
Filing Date: Original Application: January 7,2010; Amended
Application No.1: July 6, 2010;
Amended Application NO.2: August 19, 2010
Background
The proposed development is a 4,500 square-foot sanctuary building and 7,380
square-foot future addition with an exterior treatment of brick and stucco. The
building would be oriented to Cove Road with a concrete sidewalk connecting the
main entrance to a five foot wide public sidewalk constructed along the frontage
by the applicant. A 40-space parking lot would be located towards the rear of the.
building and accessed by a 24-foot way driveway from Cove Road. The existing
single-family dwelling and two associated accessory structures would be
demolished.
Conditions Proffered by the Applicant
The applicant requests that the following proffered conditions be adopted as it
pertains to Official Tax Nos. 6440211 and 6440210:
1. The property will be developed in substantial conformity with the
development plan entitled 'Development Plan for Rezoning Iglesia de Dios
Pentecostal M.I.' prepared by DEG Design & Services, dated 8/17/2010,
subject to any changes that may be required by the City during
Comprehensive Development Plan Review.
Members of City Council
Page 3
September 20,2010
2. The church will be developed in substantial conformity with the exterior
elevations entitled 'Brick and Stucco Church Building Iglesia de Dios
Pentecostal M.I.' prepared by DEG Design & Services, dated 2/2/10.
3. Light levels, generated by the site, shall not exceed 0.5-foot candle
measured at property lines.
Considerations
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North R-7, Residential Single- Single-family dwellings.
Familv District
South R-7, Residential Single- Single-family dwellings.
Family District
East R-7, Residential Single- Single-family dwellings.
Family District
West R-7, Residential Single- Vacant and single-family dwelling.
Family District
Compliance with the Zoninq Ordinance:
The IN District's purpose is to accommodate and integrate institutional uses
within a neighborhood setting through thoughtful site design. The regulations of
this District require the following:
1. The construction of a sidewalk connecting the public sidewalk to a building
entrance.
2. The installation of a type C buffer yard between any new construction and
abutting residential districts.
3. The prohibition of parking between Cove Road and the principal building.
4. A limitation on lighting to 18 feet in height with a 10 foot setback. The
applicant has 'also proffered a maximum 0.5 foot-candle at all property
lines.
5. A limitation on signage to six feet height and 32 square feet in sign area
for one freestanding sign and 32 square feet in sign area for one building
mounted signs.
6. A minimum of 36 spaces and a maximum of 54 spaces to accommodate a
total of 144 sanctuary seats. A total of 40 spaces, including four handicap
spaces, are proposed.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
The compatibility of new construction, lack of pedestrian accommodations, traffic
congestion, and flooding are a few of the issues identified by the Peters Creek
Members of City Council
Page 4
September 20,2010
North Neighborhood Plan for this area of the City. The proposed rezoning
addresses these issues as they relate to the subject properties.
1. The proposed building placement along the public street with minimal
parking located in a subordinate location is consistent with the Design
Principles of Vision 2001-2020: Furthermore, the one-story, brick and
stucco veneer design of the church building is consistent with other
institutional buildings along Cove Road.
2. A five foot wide public sidewalk separated from Cove Road by a six foot
planting strip is proposed for length of the property.
3. A traffic analysis completed by the applicant determined that the site's
primary use during off-peak hours on Sunday morning would only require
the construction of a taper into the site from the west.
4. Stormwater will be mitigated through the use of porous asphalt and a
rainwater harvesting system for the building's roof runoff. The applicant
proposes a zero increase in discharge and volume from the site.
The following policies of Vision 2001-2020 are relevant to the application:
. NH P2. Neighborhoods as villages. Neighborhoods will function as villages,
offering opportunities to live, work, shop, play, and interact in a neighborhood
setting.
. IN P4. Parking. Roanoke will encourage on-street parking wherever possible
and discourage excessive surface parking lots. Off-street parking will be
encouraged to the side or rear of buildings.
. EC P4. Environmental Quality. Roanoke will protect the environment and
ensure quality air and water for citizens of the region. (Note EC A 13. Limit
the amount of impervious surfaces to reduce runoff)
The following policies of the Old Southwest Neighborhood Plan are relevant in
the consideration of this application:
. Economic Development Policies
o Encourage good relationships between commercial and
residential development through thoughtful site and building
design, landscaping, and transitional uses."
. Infrastructure Policies
o Improve stormwater drainage.
o Improve sidewalk/curb system.
· Require developers to install sidewalks and curbs at
rezoning, special exception, or subdivision stage in a
manner consistent with current City policy.
· Provide planting strips at least six feet wide when new
sidewalks and curbs are installed.
Design Principles: Application's Conformity:
Site development should be maximized The principal building is set close to
through reduced parking spaces, the street with the minimum amount of
increased lot coverage, and parcels required parking located to the rear.
Members of City Council
Page 5
September 20, 2010
developed along street frontages.
Parking should be located to the rear or
side of the rinci al buildin .
Building location and design should be
considered as important elements of
the streetscape and should be used to
define the street corridor as a public
lace.
Building fronts and entrances should
face the street.
Outside Aqencv Comments:
The rear of the property has not been
used because it is rone to floodin .
Parking is located to the rear of the
rinci al buildin .
The principal building is set close to the
street and. is compatible with the
setback of other buildings along Cove
Road.
The principal building is oriented to the
street with a front entrance, portico,
and sidewalk connecting the entrance
to the public sidewalk.
The City's Traffic Engineer, Hong Liu, stated that a 24 foot turning radii would be
necessary based on a traffic analysis conducted by the applicant.
Planninq Commission Public Hearinq:
The following comments and questions were posed by the Planning Commission
at their August 19, 2010 public hearing.
1. Mr. Williams questioned the need for a 25 foot turning radii proposed for
the driveway off Cove Road, stating that it made the crossing distance for
pedestrians on the sidewalk much longer than necessary. He also wanted
to ensure that the sidewalk maintained a 2% cross slope at the driveway
intersection. Staff responded that the development plan did need to be
amended to ensure that the driveway width was no greater than 24 feet at
the property line but that it would be most appropriate to allow the design
professional to determine the appropriate turning radii to meet.
performance standards. Staff also stated that the City's Zoning Ordinance
requires a 2% cross slope.
2. Mr. Williams expressed concern for the recommendation of a taper into
the site as proposed by the traffic analysis provided by the applicant which
allowed increased speed for turning vehicles and cut into the 6 foot
planting strip. Mr. Chrisman asked if the recommendation for a taper was
in order to meet VDOT standards. Mr. Hong Liu, City Traffic Engineer,
stated that the recommendation was a VDOT standard based on the
volume of traffic generated by the site. Mr. Williams stated that he did not
feel that VDOT highway standards were appropriate for City streets. Staff
stated that the taper was not included on the development plan and
therefore would not be required.
3. Ms. Katz asked if traffic analysis took into consideration that the peak time
for a church was Sunday morning. The City's traffic engineer said that it
did take that into consideration.
Department of Planning, Building and Development
Room 166, Noel C. Taylor Municipal Building
215 Church Avenue, SW.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
Date: IAU9 19,2010
Submittal Number: lAm ended Application No.2
D Rezoning, Not Otherwise Listed
lEI Rezoning, Conditional
, D Rezoning to Planned Unit Development
D Establishment of Comprehensive Sign Overlay District
D Amendment of Proffered Conditions
D Amendment of Planned Unit Development Plan
D Amendment of Comprehensive Sign Overlay District
Address: 13454 Cove Road NW
Official Tax No(s).: 16440211 and 6440210
Existin.g Base Zoning: .. IR-7 Residential Single-Family
(If multiple zones, please manually enter all dlstncts.) , , .
Ordinance No(s). for Existing Conditions (If applicable): INA
Requested Zoning:I~N, Institutional I Proposed Land Use: Iplace of Worship
I D With Conditions
lEI Without Conditions
Name: ILUZROdrlgyez
Address: 114 Christian Avenue NE, Roanoke, VA 24015
LLI'2 &, tKaAr:~\.l€ 2-
,P~perty ()wner'sS.i9.natu~:. . . U ..
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I Phone Number:
E-Mail: I
+ 1 (540) 520-5098 I
I
, Phone Number: I +1 (540) 366-5760 I
E-Mail: Ipastoralaurap@netzero.com I
Name: lDavi~ Greer
I Phone Number: I + 1 (540) 366-5575 I
E-Mail: IOEGOESIGNS@VERIZON.NET I
Address:
Authorized Agenfs Signatu
David E. Greer
4720 Sanders Dr. NE
Roanoke, Virginia 24019-5838
540-366-5575 Fax 540-366-4664
February 8,2010
To: City of Roanoke Rezoning
~
,
IGLESIA DE OIOS PENTECOSTAL M.I. Church of Roanoke, Va.
Request a rezoning property on Cove Road NNI/ Roanoke Va.
for the intent of building of a wood frame construction building with brick and front
corners with the upper front and sides & rear with stucco as shown on elevation
drawings A 101.
Building size as noted on the drawings A 101 provided with Phase One shown and
Phase Two shown (Phase Two at a later date.) A development plan 0101 showing
;~11Rl!,jl~ing, pourous parking lot. Parking lot to have pourous asphalt paving wI stone
,:~r~~g'arge bed.
:(t,r',,t:t';.
:$r~>~~jk, trees, bushes, plants with sewer line as shown on drawing 0101.
~ ~ ~ / :'.:' .., ,
.;",t ,,~ " . .
"~~Q,, sewer line & pump system to be in place for sewer.
, . iYCfrawin s)
'ij... 'y,;f,~,~,-.- "'Y"'" 'f' 9
~ 5~~:~_:,:,~~~~1~:. ',,' <~; .
, T~'ffic Anaylsis shows traffic 391 + Approaching from Peters Creek Road.
Tf~~c,Anaylsis shows traffic 490 + Approaching from Hershberger Road.
Dat~a: /11/212009 (See Engineering Report for Whole Anaylsis)
l~'_< ~""Y'
~ -d,
At this time the properties are two separate lots with an eXisting structure on Lot
(tax map #644-0210). This structure is to be disposed of and if any other structures
on lot.
A professional Architect, Engineers and/or other personnel will be involved in the
design phases of the said structure for IGLESIA DE DlOS PENTECOSTAL M.I.
This will insure that this structure will be presentable to the neighborhood and
surroundings and to meet all State, Federal & Local Building Codes.
If you have any questions please call or e-mail meatdeadesiansaI>.verizon.net
Thank you.
Sincerely,
David E. Greer
.......................
i
Preliminary Design Narrative
Iglesia De Dios Penticostal M.I. Church
6 July 2010
The proposed worship space structure is to be a one-story preengineered steel frame
building containing approximately 7,500 square feet. The Occupancy Classification will be
A-3, Assembly (2006 IBC). The Type of Construction will be Type IIIB, Unprotected
Combustible/Noncombustible (2006 IBC). The floor will be concrete slab-on-grade. The
exterior walls will have a masonry (brick or decorative CMU) or E.I.F.S. finish. The interior
partitions will be wood studs with gypsum board sheathing. The roofwill be standing seam
metal. The facility will be fully handicap accessible.
The building will contain a worship space, toilet room facilities, a residential-grade kitchen
and related support areas (electric room ,mechanical space, corridors, storage closets,
etc.).
Proffered Conditions
The applicant hereby agrees .to proffer the following conditions as they apply to Official
Tax Nos. 6440211 and 6440210:
1. The property will be developed in substantial conformity with the development
plan entitled 'Development Plan for Rezoning Iglesia de Dios Pentecostal M.I.'
prepared by DEG Design & Services, dated 8/17/2010, subject to any changes
that may be required by the City during Comprehensive Development Plan
Review.
2. The church will be developed in substantial conformity with the exterior
elevations entitled 'Brick and Stucco Church Building Iglesia de Dios Pentecostal
M.I.' prepared by DEG Design & Services, dated 2/2/1 O.
3. Light levels, generated by the site, shall not exceed 0.5-foot candle measured at
property lines.
DEG Designs & Services
David Greer
,
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HERSHBERGER ROAD
TRAFFIC ANAYLSIS SKETCH FOR
IGLESIA DE DIOS CHURCH
LOCATED ALONG
COVE ROAD
IN THE CITY OF ROANOKE, VIRGINIA
DATE: NOVEMBER 2, 2009
i .
TRAFFIC ANA YLSIS FOR
IGLESIA DE DIOS.CHURCH
LOCA TED ALONG COVE ROAD
IN THE CITY OF ROANOKE, VIRGINIA
Proposed Church Data:
To be built in the year 2010
Approximate 200 seating capacity
Will use a ratio of 4 people to 1 car = SOcars per Sunday
Will use a SO/50 split for traffic flow
Existing Traffic Data:
Data from 2007 VDOT Traffic Report for the City of Roanoke
AADT = 8,400
K-Factor = 0.096
Direction Factor = 0.556
Speed Limit = 35mph
No Bid Traffic Data:
WiD use a 3% Growtb Factor
Year 2007 = 8,400
Year 2008 = 8,652
Year 2009 = 8912
Year 2010 = 9179
Pear Hour Traffic Flow along Cove Road from the direction of Hershberger Road:
"Advancing"
9,179 " 0.556 " 0.096 = 490
Tbe churches traffic will be mostly on Sundays at off-peak bours.
A very conservative 5% reduction in the peak hour of traffic will be used.
490 *0. 95 = 466
Will add 25 cars from site = 491
"Opposing"
9,179 * 0.444 * 0.096 = 391
391 * 0.95 = 371
Will add 25 cars from site = 396
Based on Fil!ure C-l-l.2. No Left Turn is warranted
Based on Chart from Section C-36. onlv a taDer is reauired for entrance
C:~ .
C",
'-
2007
Virginia Department of Transportation
Daily Traffic Volume Estimates
Including Vehicle Classification Estimates
where available
Special Locality Report
128
City of Roanoke
Information in this report is included in Report
80
(Roanoke County)
Prepared By
Virginia Department of Transportation
Trame Engineering Division
In Cooperation Wi1h
U.S. Department of Transportation
Federal Higbway Administration
,,'. ,.-:z~ _"m ., " ...~.
.;
Route
('ii,. nrRnAnnL:.
8 Salem Tnpk
e Salem Tnpk
e Garden City Blvd
e Garden City Blvd
8 Shenandoah Ave
~ Shenandoah Ave
:.:J
8 Shenandoah Ave
8 Shenandoah Ave
e Odgen Rd
e Grandin Rd
e Grandin Rd
8 Grandin Rd
e Franklin Rd
8 Franklin Ave
e Tazev.ell Ave
e Tazev.ell Ave
e Green Ridge Rd
,:,;-'? e Cove Rd
Q Mud Lick Rd
\..J
e EdgelMXld Ave
8; Memorlal Ave
5/14/2008
Virllinia Department of T ransportalion
Traffic Enllineerinll OMs Ion
2007
Annual Averaae Oaitv Traffic Volume Estimates Bv Section of Route
City of Roanoke
.-------- Truck--------- K Oir
Length AAOT QA 4Tlre Bus 2Axle 3+Axle 1Trail 2Trail ac Factor aK Factor AAWOT aw
1.35
....1
1600 G
.::::1
8100 G
"I
"'_I
4800 G
1.20
0.42
1.36
.::::1
6900 G
T'I
"-1
12000 G
2.13
o.n
.::::1
9400 G
0,86
.:':1
9400 G
0,29
.:':1
4600 G
T'I
'-1
9200 G
T'I
Jr~1
7100 G
"I
'''1
6600 G
0.55
1.11
0,72
0,97
.:':1
2900 G
T'I
'''1
12000 G
.:1
6100 G
..:1
6700 0
0.60
0;.14
0..54
rr:.1
0.34
4800 0
T'I
"-I
5100 G
1;,23
1,,49
..':'1
9400 G
"I
1'043
"'rIll
3100 G
.:1
8200 G
.:1
6100 G
T'I
0.76
0;71
98%
WCL ROIIlloke
1% 1% 0% 0%
96%
36Ih 51
0% 1% 1% 1%
24th 51
98%
y.llow MID Rd
(lOA. 1 % 0% 0%
RayRd
0% 1% 0% 0%
SR I 16 RivorlandRd
WCL Raoooko
1% 1% 1% 2%
98%
95%
95%
:!4th 51
1% 1% 1% 2%
95%
15th St
1% 1% 1% 2%
95%
SlhSt
1% 1% 1% 2%
Willillll1llanRd
SCL Rosooko
0% 1% 0'l6 0%
WCL ROlIllolc.
SCL Roan<>I<e
0% 1% 0% 0%
U5 II
5R419
0% 1% (lOA. 0%
99%
99%
99%
Mudlick Rd
98%
Danl MiD Rd
US 220B\15
0% 1% 0% 0%
US 22! Ebn Avo
US22! )otfononSI
0% 1% 0'l6 0%
Williomson Rood
WilIillll1lon Rd
0% 1% 0% 0%
!1rh SI
0% 1% 0% 0%
13Th St
NCL ROIII1Clko NCL Sa10m
0% 1% 0% 0%
98%
98%
98%
99%
99%
SR 111 PotorJ Crcc.I: Roed
0% 1% 0% 0%
HeIohberRer Rd
0naxIiil Rd
0% 1% 0% 0%
US 11 BruIldon Avo
Branden Avo
0% 1 % 0% 0%
Memor\&l Avo
Edilewood Avo
0% 1% 0% 0%
Onmdiil Rd
99%
99%
99%
16
0%
I
F 0.087
I
C 0.085
I
1
F 0.104
I
C 0.096
I
1
C 0.097
1
F 0.099
I
C 0.102
I
F 0.094
1
I
C 0.097
I
I
C 0.1
I
I
F 0.098
I
NA
I
I
C 0.098
I
F 0.138
I
C 0.14
I
F 0.144
I
1
F 0.103
I
C 0.096
I
I
F 0,126
I
C 0.099
I
F 0.100
I
F 0.502
8200
Year
G
2007
0%
2007
0%
F 0.514
F 0,585
8800
5200
G
G
2007
G
2007
0%
0%
F 0,578
F 0.51
6300
13000
G
2007
2007
0%
F 0.5~4
1 ??oo
G
0%
G
2007
F 0.536
10000
0%
0%
0%
0%
F 0.605
F 0,564
F
F 0,504
5000
9900
7600
6100
G
2007
G
2007
G
2007
G
2007
G
2007
0%
F 0.622
3100
13000
G
2007
0%
G
2007
F 0.n3
6500
0%
G
2007
F 0.805
6100
0%
G
2007
0%
F 0,913
F 0.519
5200
5500
G
2007
G
2007
0%
0%
0%
0%
F O.~
~.~
F 0.645
F 0,541
F 0.547
9100
3300
6700
5500
G
2007
G
2007
G
2007
C-36
~:1 \
a:
:::l
o
J:
a:
w
a.
en
w
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en
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a:
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"
a:
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..,
..........
::=::;::::::::.:-.
..... .....
... .......
.... ...... ...
:~:~:~: ~:~: ~:~: ~:~:~:~:~: ::;::"
1 00 ii!IJIJI::i'illl'I:IIJ:ilill:1!11[:ii.:!:::i::~:~::t:::\:::"
80 ;:::;:::::;:;:::::::::::::::::::::::::::::::;::::::::::::::::::::::::::::..
~....................................................................................................... ....
.....0 ..... ...... .... .................. ...
....................................................................................
......... .0.... ... ...... ............. '.0 ......
-0. ............ ................. ........ ....
..... .... .......... ........ ........ .0. ........
. '.'~".'..'.."..".'.'..".".."..'..'.."..'..'.."."..'..".."..".".."."..'."."..".".".. eo........................ 0..0
'0. ... ......... ...................... .... ....
'.'. .~:.:.: .:.:.:.:.:.: .:.:.:.: .:.:..:.: .:.:.:.:..:.:.:.:.:. :.:.:.:. :.: .:.:.:.: ..:. :.:.. :.:.:~....
....:.:.:.:.:.:.:.:.:.:.:.:.:..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:..:.:..:.:.:.:.:.:.:.:.:.:;.....
.,.....:.:.:..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:":.:':.:.:':.:.:.:.:.:.:.:":-.
''',:,: . TAPER REQUIRED. ':::;:::::::::::::::::::::::::::;::::-.
".0.:::::::: ::::::::::::: :::::::::: :~::: ::::::::::::::::::::::::::: :::::: :::::::::..
: ..;::::::::,:: ~::: : I!::::.::: ..1111::111111111 i III! illl! Iii 11111 III II! Ill; II II 111II I Iii Ii I"!.:.::.:::: i!: :~!. ::1':: .::::~:
, '..~: :: :~::: ::=:: ::::::::::::::: ::::~:::::::::: :~::
20
RADIUS REQUIRED
700
PHV APPROACH TOTAL. VEHICLES PER HOUR
LEGEND
PHV - Peak Hour Volume (also Design Hourly Volume equivalent)
Adiustment for Riaht Turns
For posted speeds at or under 70 km/h (45 mph), PHV right turns> 40, and
PHV total < 300.
Adjusted right turns - PHV Right Turns - 20
If PHV is not known use formula: PHV = AOT x K x 0
K = the percent of MDT occurring in the peak hour
o = the percent of traffic in the peak direction of flow
Note: An average of 11 % for K x 0 will suffice.
FIGURE C-1-8 GUIDELINES FOR RIGHT TURN TREATMENT (2-LANE HIGHWAY)
(~'r
"',.~~
C',
C-9
WAR R ANT FOR LEFT-TURN STORAGE LANES ON TWO-LANE HI GHW A YS
~\
::z:
Q.
>
Or.d_. Unalvn.llc.d Jnt.r..ctlon.
L - . ~ft ?urna in Y ,
& - Storav. Lenvth R~~ired
V - ~O .ph (OperaUnv/o..&vn Speed)
to - 6.
w
~
::>
....l
o
>
C>
Z
VI
o
Q.
Q.
o
o
>
S=100r
VA
600 800 1000
CING VOLUME (VPH)
E C-1-1.2
!"^
----------------------------------------------~---+-i
I .
I
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I
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I
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
DAVID GREER, AGENT
4720 SANDERS DRIVE,
ROANOKE VA 24019
E
REFERENCE:
80175569
12323300
NPH-Iglesia De Dios
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virsl?ia. Sworn and subscribed before me this
__J~ay of SEPT 10. Witness my hand and
official seal.
PUBLISHED ON:
09/03
. ",""fllll
..."" p.. LA YIl1.I""
...... ^'l ...... '~A.',
... ~v.' :'l '. "'v '
~ ..::;- . ....,'Oit p.~ .... -:;.
... ~ . ~ ~C .
g ~.... \,U6 909SO ". ~ ~
-' :lf10 ~,: -
= : ~'C.G. ~'I\'2}o\G'~:::::
- ~. .IN cOlJ\\" . <: -
:~.... N\'~\?\ t:<5~
, ;-. 10' . ~...
, <-;-,'. .' .~...
" VA... -. .- ~........
, 'I7AI ......... <0~ ...
"~~;/ONWEA\..\~ \\"",
lilt,,,,,,,,"
09/10
TOTAL COST:
FILED ON:
505.44
09/10/10
---.:"'"-=-.=......= - - - - - - --_:- ---- .-----
I j'MUniCiPal Building, 215
NonCE Of PUBLIC i Church Ave~u~, ,S.W.,
: Roanoke, VirginIa, to
I HEARING I' consider the following:,
I Th Request from IgleSIa De
:Roa~ Coun~1I of the City of, Dlos Pentecostal M.1. to
'h e a o,ke Will hold a pUblic I rezone property located at
's ring o'n Monday,. 3454 Cove Road, N.W"
/8~ember 20, 2010, at' Official Tax Nos. 6440211
lIi p.m., or as Soon: and 6440210, from R.7,
1m ere'bfter as the matter" IResidential Single Family
CO.~.~CileC~eard' in the/:' District, to IN, Institutional
'fl ' . amber, fourth .' 'District, for a place of
I oor, ',n the Noel C. Taylor :worship, subject to the
. . - :conditions that the property
r 'will be developed in
.substantial conformity to a
'Idevelopment plan prepared
by DEG Design & Services,
'dated 8/17/10, subject to
"any changes made during
,comprehensive
Idevelopment plan review;
[that the church will be
:developed in substantial
Iconformity with the exterior
',elevations on a plan.
,prepared by DEG Design & I
'Services, dated 2/2/10;
'and that light levels shall
not exceed 0.5 foot candle
Imeasured at the property
:lines, The proposed general
,usage of the property is a
place of worship with no
density specified. The
comprehensive plan
designates the property for
multifamily residential with
no density specified.
A copy of the application
is available for review in the
Office of the City Clerk,
Room 456, Noel C, Taylor
Municipal 8uilding, 215
Church Avenue, S,W.,
Roanoke, Virginia.
All parties in interest and
citizens may appear on the
above date and be heard on
the matter. If you are a
Iperson with a disability who
Ineeds accommodations for
'this hearing, please contact
the City Clerk's Office, at
853.2541, before noon on
the Thursday before the
date of the hearing listed
above.
GIVEN under my hand this
31st day of August, 2010.
Stephanie M, Moon, CMC
City Clerk.
(12323300)
}
Billing Services Representative
.,.-. ';' T 'J'.n,rl \ In
02:l0iM vl Cb:J~~1 i.1 !lO.:lI~ i. "
.-/i1
(?(~ ~u
NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, September 20,
2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth
floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to
consider the following:
Request from Iglesia De Dios Pentecostal M.l. to rezone property located at
3454 Cove Road, N.W., Official Tax Nos. 6440211 and 6440210, from R,7,
Residential Single Family District, to IN, Institutional District, for a place of
worship, subject to the conditions that the property will be developed in
substantial conformity to a development plan prepared by DEG Design &
Services, dated 8/17/10, subject to any changes made during comprehensive
,
development plan review; that the church will be developed in substantial
conformity with the exterior elevations on a plan prepared by DEG Design &
Services, dated 212/10; and that light levels shall not exceed 0.5 foot candle
measured at the property lines. The proposed general usage ofthe property is
a place of worship with no density specified. The comprehensive plan
designates the property for multifamily residential with no density specified.
'I
A copy ofthe application is available for review in the Office ofthe City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed
above.
GIVEN under my hand this 3..1s.t day of Al1g'ISt
,2010.
Stephanie M. Moon, CMC
City Clerk.
Iglesia De Dios Pentecostal MI-rezone with proffers.doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, September 3, and Friday, September 10,2010.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
Send Bill to:
David Greer, Agent
4720 Sanders Drive, N. E.
Roanoke, Virginia 24019
(540) 366-5760
degdesigns@verizon.net
NPH-Iglesia De Dios Pentecostal MI-rezone with proffers,doc
)
REZONING REQUEST
Iglesia De Dios Pentecostal M.I., 3454 Cove Road, N.W. )AFFIDAVIT
Tax Nos. 6440211 and 6440210, from R-7 to IN, w/conditions)
COMMONWEALTH OF VIRGINIA
)
) TO.:WIT:
)
CITY OF ROANOKE
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to
the Roanoke City Planning Commission, and as such is competent to make this affidavit
of her own personal knowledge. Affidavit states that, pursuant to the provisions of
Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning
Commission of the City of Roanoke, she has sent by first-class mail on the 15th day of
March, 2010, notices of a public hearing to be held on the 15th day of April, 2010, on the
request captioned above to the owner or agent of the parcels as set out below:
Tax No.
6440112
6440113
6440122
6440209
6440212
6440214
6440213
6440215
6440218
Owner
Mailinq Address
Doris V. McKinney
4735 Barclay Square, SW
Roanoke,VA 24018
B M and Frances Hale
3451 Cove Road, NW
. Roanoke, VA 24017
Daniel A. Grey
3511 Cove Road
Roanoke, VA 24017
Henry 1. Phan, et als
3448 Cove Road
Roanoke, VA 24017
Harvey and Dianne Cardwell
3466 Cove Road
Roanoke, VA 24017
Marie N. Lapierre
3518 Cove Road
Roanoke, VA 24017
J. Donald Pugh
POBox 6172
Roanoke, VA 24017
Also notified: Ernest and Rebecca Johnson, 3524 Cove Road, 24017
~~~~iJ7~
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
\/irnini:::l thic:: 1 ~th n:::l\/ nf M:::Irf'h ?n1()
/
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
JONATHAN E. CRAFf
Deputy City Clerk
September 1 , 2010
CECELIA T. WEBB
Assistant Deputy City Clerk
David Greer, Agent
4720 Sanders Drive, N. E.
Roanoke, Virginia 24019
Dear Mr. Greer:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
September 20,2010, at 7:00 p.m;, or as soon thereafter as the matter may be heard, in the
City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., on the request of Iglesia De Dios Pentecostal M.1. to rezone property located
at 3454 Cove Road, N. W., from R-7, Residential Single Family District, to IN, Institutional
District, subject to certain proffered conditions.
For your information, I am enclosing copy of a notice of public hearing. Please review the
document and if you have questions, you may contact Steven J. Talevi, Assistant City
Attorney, at 540-853-2431.
It will be necessary for you, or your representative, to be present at the September 20th
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
~ /'Y1. ~OiW
Stephanie M. Moon, CMC .
City Clerk
SMM:ctw
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1I45
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
JONATHAN E. CRAFT
Deputy City Clerk
September 1, 2010
CECELIA T. WEBB
Assistant Deputy City Clerk
Doris V. McKinney
Daniel A. Grey
Harvey and Dianne Cardwell
J. Donald Pugh
B. M. and Frances Hale
Henry 1. Phan, et als
Marie N. Lapierre,
Ernest and Rebecca Johnson
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
September 20,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215' Church
Avenue, S. W., on the request of Iglesia De Dios Pentecostal M.1. to rezone property located
at 3454 Cove Road, N. W., from R-7, Residential Single Family District, to IN, Institutional
District, subject to certain proffered conditions.
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the Department
of Planning, Building and Development at 540-853-1730.
If you would like to receive a copy of the report of the City Planning Commission, please call
the City Clerk's Office at 540-853-2541.
. .. rn. ~OOYv
Stephanie M. Moon, CMC .
City Clerk
SMM:ctw
.I
\.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
Septemoer 22, 2010
Scott and Ascension Horchler
2911 Winterfield Road
Midlothian, Virginia 23113
Dear Mr. and Mrs. Horchler:
r am enclosing copy of Ordinance No. 38952-092010 rezoning property located at 1321
Morningside Street, S. E., Official Tax No. 4130501, from ROS, Recreation and Open
Space District, to MXPUD, Mixed Planned Unit Development District, as set forth in the
Zoning Amended Application NO.1 dated July 23, 2010.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, September 20, 2010; and is in full force and effect
upon its passage. .
ecelia T. Webb
Assistant Deputy City Clerk
Enclosure
Scott Horchler
September 22, 2010
Page 2
pc: Arling T. Clark, 1312 Morningside Street, S. E., Roanoke, Virginia 24013
Timothy Underwood, P. O. Box 339, Ferrum, Virginia 24088
LRC Virginia, LLC, 1005 Pen mar Avenue, S. E., Roanoke, Virginia 24013
Robert and Anne Jenkins, .1332 Morningside Street, S. E., Roanoke, Virginia
24013
Hilton Holdren, 1542 Langhorne Avenue, S. E., Roanoke, Virginia 24013
Laura Padgett, 1040 Morgan Avenue, S. E., Roanoke, Virginia 24013
Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Susan Lower, Director of Real Estate Valuation
Philip Schirmer, City Engineer
Martha P. Franklin, Secretary, City Planning Commission
10 \ '\v
c;/ ~ '\\.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2010.
No. 38952-092010.
AN ORDINANCE to amend 9 36.2-100, Code of the City of Roanoke (1979), as
amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,
2005, as amended, to rezone certain property within the City, and dispensing with the
second reading of this ordinance by title.
WHEREAS, Scott and Ascension Horchler,have made application to the Council
of the City of Roanoke, Virginia ("City Council"), to have the property located at 1321
Morningside Street, S.E., bearing Official Tax No. 4130501, rezoned from ROS,
Recreation and Open Space District, to MXPUD, Mixed Use Planned Unit Development
District;
WHEREAS, the City Planning Commission, after giving proper notice to all
concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended,
and after conducting a public hearing on the matter, has made its recommendation to City
Council;
WHEREAS, a public hearing was held by City Council on such application at its
meeting on September 20,2010, after due and timely notice thereof as required by 936.2-
540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both for and against the
proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid application, the
recommendation made to City Council by the Planning Commission, the City's
O-Horchler-rezone without proffers. doc
Comprehensive Plan, and the matters presented at the public hearing, finds that the public
necessity, convenience, general welfare and good zoning practice, require the rezoning of
thesubject property, and for those reasons, is of the opinion that the hereinafter described
)
property should be rezoned as herein provided.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that:
1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and
the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as
amended, be amended to reflect that Official Tax Map No. 4130501, located at 1321
Momingside Street, S.E., be and is hereby rezoned from ROS, Recreation and Open
Space District, to MXPUD, Mixed Use Planned Unit Development District, as set forth in
the Zoning Amended Application No.1 dated July 23,2010.
2. Pursuant to the provisions of Section 12 of the City Charter, the second
reading of this ordinance by title is hereby dispensed with.
O-Horchler-rezone without proffers. doc
2
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
Architectural Review Board
Board of Zoning Appeals
Planning Commission
September 20, 2010
Honorable David A. Bowers, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable Raphael E. Ferris, Council Member
Honorable Sherman P. Lea, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Request from Scott and Ascension Horchler to rezone
property located at 1321 Morningside Street, S.E., Tax No.
4130501, from ROS, Recreation and Open Space District, to
MXPUD, Mixed Use Planned Unit Development District.
Planning Commission Public Hearing and Action:
The Planning Commission held a public hearing on Thursday, August 19, 2010,
on the request. There was no one present in favor of or against the proposed
rezoning. By a vote of 7-0, the Commission recommended approval of the
rezoning request, finding the application to rezone the subject property to be
consistent with the City's Zoning Ordinance, Vision 2001-2020, and the
Morningside/Kenwood/ Riverdale Neighborhood Plan. Allowing for a mixed-use
building containing a residential unit and meeting hall is appropriate considering
the property's size, will ensure its renovation and upkeep, and will not alter the
current character of the site.
Respectfully submitted,
~~
Angela Penn, Chair
City Planning Commission
cc: William M. Hackworth, City Attorney
R. Brian Townsend, Assistant, City Manager
Applicant
Members of City Council
September 20, 2010
Page 2
Application Information
Re uest:
Owner:
A plicant:
City Staff Person:
Site Address/Location:
Official Tax Nos.:
Site Area:
Existin Zonin :
Proposed Zonin
Existing Land Use:
Proposed Land Use:
Nei hborhood Plan:
S ecified Future Land Use:
Filing Date:
Background
Rezonin to Planned Unit Develo ment
Cit of Roanoke
Scott & Ascension Horchler
Maribeth B. Mills
1321 Mornin side Street SE
4130501
3 acres
ROS, Recreation and 0 en S ace
MXPUD, Mixed Use Planned Unit Develo ment
Community Center and Offices
Mixed Use Building to include Residence and Meeting Hall
Mornin side/Kenwood/Riverdale Neighborhood Plan
Public and 0 en S ace
Original Application: July 7,2010; Amended Application
NO.1: July 23,2010
The subject property (commonly known as Buena Vista) contains an 1849 Greek
Revival structure listed on the Virginia Landmarks Register and the National
Register of Historic Places. Since the City acquired the property in 1934, Buena
Vista has been used as a community center and the local field office for the
Virginia Department of Historic Resources.
On June 21,2010, City Council authorized the sale of Buena Vista, along with
three acres of Jackson Park, in order to transfer it to an entity who can feasibly
undertake necessary rehabilitation and ongoing maintenance. The sales
agreement contains conditions related to retention of the building and the timing
and manner of rehabilitation activities. Also, closing is contingent upon
successful rezoning of the property to permit a mixed-use building to include a
residential unit and meeting hall. The applicant would like to use the entire.
building residentially, with portions used intermittently as a meeting hall for
weddings and other similar functions. Buena Vista, along with the log accessory
building and driveway from Pen mar Street, would be retained. Changes to the
site would include:
· An improved entrance and driveway (max. 20 feet in width) off
Morningside Street.
· A freestanding sign (maximum 15 square feet and 6 feet in height) on
Morningside Street.
· A one and one-half story, three-car garage with bays oriented to the
interior of the site.
Members of City Council
September 20,2010
Page 3
. A deck or verandah off the rear of the main house.
. A 40' x 60' pool area to include a pool, pool decking, enclosure, and pool
house.
Conditions Proffered by the Applicant
As a MXPUD, the development plan attached to this application is binding for
future development. Development standards are listed directly on the
development plan.
Considerations
Surroundinq Zoninq and Land Use:
Zoning District Land Use
North RM-1, Residential Mixed Density District Single-family residences.
South ROS, Recreation and Open Space Jackson Park.
East HOS, Recreation and Open Space Jackson Park.
West ROS, Recreation and Open Space Jackson Park.
Compliance with the Zoninq Ordinance:
The MXPUD district is intended for mixed commercial and residential sites that
have a number of constraints to conventional development. While this site is not
the typical application of the MXPUD district, it fulfills a number of its objectives
including permitting a compatible mix of commercial and residential uses and
encouraging the preservation of historic structures.
The City's supplemental regulations for mixed-use buildings do not permit
residential uses on the first floor. An amendment to the Zoning Ordinance has
been initiated by motion of the Planning Commission to allow any residential use
permitted within the MXPUD district to be permitted on the first floor ofa mixed-
use building. The text amendment will be considered by a separate vote.
The development plan provided by the applicant establishes the following
standards for the site:
. As a meeting hall, the structure's maximum occupancy is 150 people
requiring a total of 30 parking spaces. The applicant would provide 24
parking spaces within the existing parking areas and driveways, taking
advantage of the reduction for proximity to public transportation. There is
no on-street parking along the subject property's frontage on Morningside
Street.
· The existing driveway off Morningside Street would be re-graded and
expanded to a maximum width of 20 feet to allow for two-way ingress and
Members of City Council
September 20,2010
Page 4
egress. An access easement has been provided through Jackson Park
from the entrance off Penmar Avenue.
. A freestanding sign with a maximum sign area of 15 square feet and 6 feet
in height would be installed at the entrance on Morningside Street. The
dimensions of the sign are consistent with sign requirements in residential
zoning districts.
. No additional buffering or lighting is proposed.
Elements not addressed by the development plan must be in compliance with the
City's applicable codes or may require an amendment of the PUD.
Conformity with the Comprehensive Plan and Neiqhborhood Plan:
Vision 2001-2020 and the Momingside/Kenwood/Riverdale Neighborhood Plan
emphasize the importance of preserving the City's historic structures and area
history. Buena Vista is an important element in telling the story of Roanoke's
history and is a prime example of Greek Revival architecture. City Council has
attached a number of conditions on the sale of the property including a
requirement that all renovations must be in accordance with the Secretary of the
Interior's Guidelines for Rehabilitation. This type of investment in the
Morningside neighborhood will serve as a strong marketing tool in attracting
other families to the neighborhood.
Despite being identified for recreation and open space on the future land use
map, its use as a dwelling and meeting hall is appropriate due to the size of the
structure and site. The proposed meeting hall component is, in part, consistent
with the recent former use of the building. The building was frequently rented for
receptions and other gatherings as part of the recreation center function. The
rezoning also does not preclude the structure from being used solely as a single-
family residence which is consistent with the surrounding neighborhood. No
other public amenity (tennis courts, basketball court, baseball field, playground,
and picnic shelter) in Jackson Park would be affected by the sale of Buena Vista.
The following policies of Vision 2001-2020 are relevant to the application:
. NH PS, Housing choice. The City will have a balanced, sustainable range
of housing choices in all price ranges and design options that encourage
social and economic diversity throughout the City.
· EC P6. Cultural and historic resources. Roanoke will identify, preserve,
and protect its historic districts, landmark features, historic structures, and
archaeological sites.
The following policies of the Momingside/Kenwood/Riverdale Neighborhood Plan
are relevant to the application:
Members of City Council
September 20, 2010
Page 5
. Residential Development Policies
a. Market the neighborhoods: Advertise and promote the strengths of
the neighborhood, with an emphasis on promoting the positive
attributes of the housing stock.
b. Zoning patterns: Zoning patterns will support housing revitalization
and desired future residential land use patterns and encourage the
preservation of single-family housing.
City Department Comments:
None.
Planninq Commission Public Hearinq:
At the public hearing, Mr. Chrisman asked for clarification on what uses would be
permitted on the property. Staff responded that the property could only be used
as a single-family dwelling or a single-family dwelling with the meeting hall
component.
Department of Planning, Building and Developmenl
Room 166, Noel C, Taylor Municipal Building .
215 Church Avenue, S.w.
Roanoke, Virginia 24011
Phone: (540) 853-1730 Fax: (540) 853-1230
Submittal Number: I Amended Application No.1
Date: Jul 23, 2010
rt::l' OJUJ[] t-l;H(f1lfllr;r~tl.:):1 ~~:H
o Rezoning, Not Otherwise Listed
o Rezoning, Conditional
[g] Rezoning to Planned Unit Development
0, ~st~blishmenl;()f Comprehensive Sign Overlay District
o Amel1dlllenl,of Proffered Conditions
o Amendme'nt of Planned Unit Development Plan
o Amendment of Comprehensive Sign Overlay District
irl:;r:I. )1\~'111 tf.l~ r~ ;'1 rfj t; f. If:;;
Address: 1321 Morningside Street SE, Roanoke, vA
Official Tax No(s),; r 13,0501,
I
Existing Base Zoning: IROS, Recreation and Open Space
(If multiple zones, please manually enter all districts,) . . . .,..... .
Ordinance No(s), for Existing Conditions (If applicable): I N/A
Requested Zoning: !MXPUD, Mixed Use PlahnecfiJh~ Proposed land Use: Mixed-use'Blding to include dwelling:S
10 With Conditions
[g] Without Conditions
meetingihat '
;'r{.! ;';:c} g ~'!(O 1'.',. n ,'j II t {.J! i'l!' U (";,'1'
Name: . fcity of Roanoke, VA . "
Address: 1215 Church Street, R~~noke, Va 24011
IRI:10ne~Number:
IE.Mail: L
J
I
Property Owner's Signature;
:~-:l.m'i,lllll ti~ t.};",! Fl ft.) I} rt;f{;''f; [( : ( 1 i\:~(t;('J I d (.)','[i (rfll
Name:' '1;~coit8iA~,t~ns'on :rt9(~hl~r,'
Addres's: ;~ j1~:J;:Winteif!~lp'R().~'qi'M(cl)()t.l')r~nl;~~ij~t3
1'P,hOneNl.llTiber: J. +l(B94)2~5;n~2; 'I
;E;Mail:J}~~~Il;l'o~'#,~r~1~y,efi~0r):ne!' :1
I f?h9f1e Numb~r: ./
1 E-Mail: I
r
1
Name:
Address:
Authorized:Agenl!s Signatllre:
Zoning Admendment Application' 1321 Morningside Street SE - Tax Number 4130501 ' Amended 7/2312010
Narrative
On June 21,2010 the Roanoke City Council approved the sale of the property located at 1321
Morningside Street SE, named Buena Vista, to Scott and Ascension Horchler. As part of the sales
agreement the Horchlers have requested that the property be rezoned from Recreation and Open
Space (ROS) to MXPUD as a single-family dwelling or a mixed use building to include a dwelling
and meeting hall.
Potential future plans would include renting the Meeting Hall space for Wedding receptions and
for other similar functions that would be conducive to the historic nature of the property.
{ 2. }
Zoning Admendment Application, 1321 Morningside Street SE - Tax Number 4130501 ,Amended 7/23/2010
Development Plan
1321 Morningside Street SE Rezoning Request
Applicant Name: Scott & Ascension Horchler
Plat of Development: See Plat page.
Lot Size: 3 Acres
Location: 1321 Morningside Street SE -The existing driveway off of Morningside Street will be
used as the principle entrance to the property along with the granted ingress/ egress easement on
the driveway from Pen mar Avenue SE.
Location / Adjacent Owners: See Adjacent Owners page and Map page.
Zoning / Land Use of Adjacent Parcels: ROS immediately surrounding property and RM-1 across
Morningside Street SE. Property is located within Jackson Park.
Property Lines/Easements: See GIS & Plat pages.
Buildings: Currently there are two existing buildings, the main house and a shed. The main
house is approximately 14,000 square feet on three levels - an 1849 original house of two floors
and basement, an 1890 addition (two floors and a basement), and an 1960's single story addition
(over a crawl space). The shed was originally a meat house constructed in the 19th century of
logs. It currently has a dirt/gravel floor.
Proposed Future Development: Request is for MXPUD to convert from ROS to a mixed use building
to include a dwelling and meeting hall or single-family dwelling. Future development plans
include constructing an historically correct 3-car 1 Y2 story garage, developing an in-ground pool
compound to potentially including a pool, pool enclosure, pool decking, and pool house. Plans
also include building a deck/verandah off of the single level ballroom.
Driveways/Parking: See Plat for existing drives and parking. Plan to widen the existing
Morningside Street drive to 20' and re-grading. A new drive will branch off the Morningside
driveway (branch currently exists) to go to the proposed garage. A parking terrace will be place
directly in front of the garage. Entrance to garage will not be visible from Morningside Street.
No additional parking is planned at this time. 24 spaces are required under the parking reduction
for proximity to public transit. This parking for the mixed use building's maximum capacity of
150 and can be accommodated within the existing parking and driveway(s) where noted on the
development plan.
( 3 )
Zoning Admendment Application, 1321 Morningside Street SE - Tax Number 4130501 ' Amended 7/23/2010
Development Plan for Tax ID 4130501
Morningside Street SE
Entrance Sign-IS Sq Ft
no higher than 6',
)'
----
\
~~.
\,
Expand drive to
20'and
regrade,
(749.76 TOTAL)
-~----
373.37
<6>
w
..
..
~..
I:-T g
~ .
1"")0
oL.()
01"")
I"")
Z
New Drive - 20'
with parking
terrace
',' ".D-EXisting Shed
Oe ' '<:~
..
o
o
o
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I"")
9 Parking Spaces
Existing Main House
'@ 44.
:W /
i(
.
N59025'16"W - 373.37'
G)
Dwelling, Single Family and Mixed use building
to include dwelling and meeting hall
f 4 )
Zoning Admendment Application, 1321 Morningside Street Sf - Tax Number 4130501 - Amended 7/23/2010
Adjoining Property Owners
Tax 10
Street Address
Owner Name
Owner Address
4130131
4130132
4130133
4130135
4130136
4130137
4130138
4130139
4130504
1312 Morningside Street SE
Vacant Land
1320 Morningside Street SE
Vacant Land
1328 Morningside Street SE
1332 Morningside Street SE
Vacant Land
1336 Morningside Street SE
1030 Penmar Avenue SE
Clark, Arling T.
Clark, ArUng T.
Underwood, Timothy
LRC Virginia LLC
LRC Virginia LLC
Robert ft Anne Jenkins
Robert ft Anne Jenkins
Holdren, Hilton K.
City of Roanoke
{ 5 }
Same
Same
PO Box 339, Ferrum VA 24088
1005 Penmar Ave SE, Roanoke, VA 24013
1005 Penmar Ave SE, Roanoke, VA 24013
Same
Same
1542 Langhorne Ave SE, Roanoke, VA 24013
215 Church Ave SW, Roanoke, VA 24011
Zoning Admendment Application' 1321 Morningside Street SE - Tax Number 4130501 ' Amended 7/23/2010
Location Map
( 6 )
Zoning Admendment Application - 1321 Morningside Street SE. Tax Number 4130501 ,Amended 7/23/2010
Plat of Tax Number 4130501
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The Roanoke Times
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - -.- - - -
;T1CE OF PUBLIC I
HEARING .
The Council of the City of
Roanoke will hold a public;
hearing on Monday,'
Se~ember20, 2010, a~
7:00 p,m" or as soon.
thereafter as the matter
may be heard, In the
, Council Chamber, fourth,
floor, In the Noel C, Taylor!
Municipal Building, 215
Church Avenue, S.W..
Roanoke, Virginia, to
consider the following:
Request from Scott and
Ascension Horchler to
rezone property located at
1321 Morningside Street,
S,E" bearing Official Tax No,
I 4130501, from ROS,
, Recreation and Open Space
District, to MXPUD, Mixed
Use Planned Unit
Development District, for
the purposes of establishing
a mixed.use building
i containing a dwelling unit
I and a meeting hall. The
I proposed general usage of
the property is mixed
: residential/commercial with
a density of up to one
dwelling unit per 1,800
square feet of land area.
, The comprehensive plan
I designates the property for
public and open space use,
with no density specified.
A copy of the application
I is available for review in the
Office of the City Clerk,
Room 456, Noel C, Taylor
Municipal Building, 215
Church Avenue, S,W"
Roanoke, Virginia, '
All parties in interest and
citizens may appear on the
above date and be heard on
the matter. If you are a
person with a disability who
needs accommodations for
this hearing, please contact
'the City Clerk's Office, at
'853-2541, before noon on
the Thursday before the
,date of the hearing listed
:above,
GIVEN under my hand this
31st day of August, 2010.
Stephanie M, Moon, CMC
City Clerk,
The Roanoke Times
Roanoke, Virginia
Affidavit of publication
HORCHLER, SCOTT AND ASCENSION
2911 WINTERFIELD ROAD
MIDLOTHIAN VA 23113
REFERENCE:
80175025
12323363
NPH-Horchler Rezone
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
VirgiEia. Sworn and subscribed before me this
__1~~ay of SEPT 2010. Witness my hand and
official seal.
Notary Public
PUBLISHED ON:
09/03
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FILED ON:
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--------------------------------------------------+------------------------
illing Services Representative
- d-:J~ r.'1 "o-.r:ll" 111'"1
~"G:l0~M n I :b ~I ."la.:l ,J;. ,"0
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NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, September 20,
20 I 0, at 7 :00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth
floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,"Roanoke, Virginia, to
consider the following:
Request from Scott and Ascension Horchler to rezone property located at
1321 Momingside Street, S.E., bearing Official Tax No. 4130501, from ROS,
Recreation and Open Space District, to MXPUD, Mixed Use Planned Unit
Development District, for the purposes of establishing a mixed-use building
containing a dwelling unit and a meeting hall. The proposed general usage of
the property is mixed residential/commercial with a density of up to one
dwelling unit per 1,800 square feet of land area. The comprehensive plan
designates the property for public and open space use, with no density
specified.
A copy of the application is available for review in the Office ofthe City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date ofthe hearing listed
above.
GIVEN under my hand this .3ls.tday of August
,2010.
Stephanie M. Moon, CMC
City Clerk.
Horchler-rezolle.doc
'--
Notice to Publisher:
Publish in the Roanoke Times on Friday, September 3, and Friday, September 10,2010.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
NPH-Horchler-Rezone.doc
Send Bill to:
Scott and Ascension Horchler
2911 Winterfield Road
Midlothian, Virginia 23113
(804) 245-9282
Richmonders4@verizon.net
REZONING REQUEST
Scott and Ascension Horchler, 1321 Morningside Street, S.E..
Tax No. 4130504 from ROS to MXPUD, conditional
)AFFIDAVIT
)
COMMONWEALTH OF VIRGINIA
TO-WIT:
CITY OF ROANOKE
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to
the Roanoke City Planning Commission, and as such is competent to make this affidavit
of her own personal knowledge. Affidavit states that, pursuant to the provisions of
Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning
Commission of the City of Roanoke, she has sent by first-class mail on the 2nd day of
August, 2010, notices of a public hearing to be held on the 19th day of August, 2010, on
the request captioned above to the owner or agent of the parcels as set out below:
Tax No.
4130131
4130132
4130133
4130135
4130136
4130137
4130138
4130139
4130503
4130501
Owner
Mailina Address
Arling Clark
1312 Morningside Street, SE
Roanoke, VA 24013
Timothy Underwood
1320 Morningside Street, SE
Roanoke, VA 24013
LRC Virginia, LLC
1005 Pen mar Street, SE
Roanoke, VA 24013
Robert and Anne Jenkins
1332 Morningside Street, SE
Roanoke, VA 24013
Hilton K. Holdren
1336 Morningside Street, SE
Roanoke, VA 24013
City of Roanoke Parks and Rec
Also Notified: Laura Padgett, SEAF, 1040 Morgan Avenue, SE 24013
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 2nd day of August, 2010.
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
JONATHAN E. CRAFT
Deputy City Clerk
September 1,2010
CECELlA T. WEBB
Assistant Deputy City Clerk
Scott and Ascension Horchler
2911 Winterfield Road
Midlothian, Virginia 23113
Dear Mr. and Mrs. Horchler:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
September 20,2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, Room 450,. Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., on the request of Scott and Ascension Horchler to rezone property located at
1321 Morningside Street, S. E., from ROS, Recreation and Open Space District, to MXPUD,
Mixed Use Planned Unit Development District, for the purposes of establishing a mixed-use
building containing a dwelling unit and a meeting hall.
For your information, I am enclosing copy of a notice of public hearing. Please review the
document and if you have questions, you may contact Steven J. Talevi, Assistant City
Attorney, at 540-853-2431.
It will be necessary for you, or your representative, to be present at the September 20th
public hearing. Failure to appear could result in a deferral of the matter until a later
date.
Sincerely,
#fL m hJ.OJMJ
Stephanie M. Moon, CMC
City Clerk
SMM:ctw
Enclosure
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: clerk@roanokeva.gov
STEPHANIE M. MOON, CMC
City Clerk
JONATHAN E. CRAFT
Deputy City Clerk
September 1 , 2010
CECELIA T. WEBB
Assistant Deputy City Clerk
Arling T. Clark
LRC Virginia, LLC
Hilton K. Holdren
, Timothy Underwood
Robert and Anne Jenkins
Ladies and Gentlemen:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of
Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
September 20,2010, at 7:00 p,m., or as soon thereafter as the matter may be heard, in the
City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church
Avenue, S. W., on the request of Scott and Ascension Horchler to rezone property located at
1321 Morningside Street, S. E., from ROS, Recreation and Open Space District, to MXPUD,
Mixed Use Planned Unit Development District, for the purposes of establishing a mixed-use
building containing a dwelling unit and a meeting hall.
This letter is provided for your information as an interested property owner and/or adjoining
property owner. If you have questions with regard to the matter, please call the Department
of Planning, Building and Development at 540-853-1730.
If you would like to receive a copy of the report of the City Planning Commission, please call
the City Clerk's Office at 540-853-2541.
. h-). ?JDh0
Stephanie M. Moon, CMC
City Clerk
SMM:ctw
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-II45
E-mail: c1erk@roanokeva.gov
JONATHAN E. CRAFT
Deputy City Clerk
STEPHANIE M. MOON, CMC
City Clerk
CECELlA T. WEBB
Assistant Deputy City Clerk
September 22,2010
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32316
Ladies and Gentlemen:
I am enclosing copy of Ordinance No. 38953-092010 amending and reordaining Section
36.2-416, Mixed use buildinas and live-work units, of Chapter 36.2, Zonina, of the Code
of the City of Roanoke (1979), as al1)ended.
The abovereferenced measure was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, September 20, 2010; and is in full force and effect
upon its passage.
ecelia T. Webb
Assistant Deputy City Clerk
Enclosure
Municipal Code Corporation
September 22, 2010
Page 2
pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court
Ronald S. Albright, Clerk, General District Court
David C. Wells, Clerk, Juvenile and Domestic Relations District Court
Chief Magistrate, Office of the Magistrate
Lara A. Wilson, Law Librarian
Scott and Ascension Horchler, 2911 Winterfield Road, Midlothian, Virginia 23113
Christopher P. Morrill, City Manager
William M. Hackworth, City Attorney
Ann H. Shawver, Director of Finance
Christopher L. Chittum, Planning Administrator
Martha P. Franklin, Secretary, City Planning Commission
I
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'\
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2010.
No. 38953-092010.
AN ORDINANCE amending and reordaining Section 36.2-416, Mixed use buildings
and live-work units, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as
amended; and dispensing with the second reading by title of this ordinance.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, is
hereby amended and reordained, to read and provide as follows:
Sec. 36.2-416. Mixed use buildings and live-work units.
* * *
(b) Mixed-use buildings and live-work units. Mixed-use buildings and live-
work units, as permitted by this chapter, shall comply with the following
standards:
Development
Standards
Mixed,Use Building
Live-Work Units
Location criteria
Where peimitted by the Use Matrix of the
Where permitted by the Use Matrix
applicable zoning district of the applicable zoning district
......................-....... .................................................--....-.. ..-................. .......,.....................
Types ofland Residential dwelling units; Uses permitted in the Residential dwelling units; Uses
uses allowed applicable zoning district pennitted in the applicable zoning
district
.
Pennitted density No density restrictions apply. The building is See subsection (c), below: The
or intensity subject to the dimensional requirements of the building is subject to the dimensional
Dimensional Matrix for the applicable zoning requirements of the Dimensional
district. Matrix for the applicable zoning
district.
.
,
DIstrIbutIOn of
uses by floor:
. Uses permitted
on fIrst floor
Nonresidential uses permitted in the applicable
zoning district~, except that any residential use ,
permitted within the MXPUD district is permitted
on the first floor of a mixed,use building within
the MXPUD district.
Nonresidential uses permitted in the
applicable zoning district (Residential
uses may be located to the rear of the
principal building.)
.. .. - ,,- ... ,_~,,"..._..~. - . -.. "'''.--.. .-.---_.._.'__, .".". ~~ .... h.._..._.__ '._ '.._,
O-Amending Section 36.2-416 (b),doc
. Uses permitted
on second floor
Residential dwelling units; Uses permitted in the
applicable zoning district
Residential dwelling units; Uses
permitted in the applicable zoning
district
. Uses permitted
above second
floor
Residential dwelling units; Professional or general
offices
Residential dwelling units; Uses
permitted in the applicable zoning
district
* * *
2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of
this ordinance by title is hereby dispensed with.
A.
~
O-Amending Section 36.2-416 (b). doc
, 2
CITY OF ROANOKE
PLANNING BUILDING AND DEVELOPMENT
215 Church Avenue, S.W., Room 166
Roanoke, Virginia 24011
Telephone: (540) 853-1730 Fax: (540) 853-1230
E-mail: planning@roanokeva.gov
Architectural Review Board
Board of Zoning Appeals
Planning Commission
September 20,2010
Honorable David A. Bowers, Mayor
Honorable David B. Trinkle, Vice Mayor
Honorable William D. Bestpitch, Council Member
Honorable Raphael E. Ferris, Council Member
Honorable Sherman P. Lea, Council Member
Honorable Anita J. Price, Council Member
Honorable Court G. Rosen, Council Member
Dear Mayor Bowers and Members of City Council:
Subject:
Request from the City of Roanoke Planning Commission to amend
subsection (b) of Section 416, Mixed use buildings and live-work
units, of Chapter 36.2, Zoning, of the Code of the City of Roanoke
(1979), as amended, to permit residential uses to be located on the
first floor of a mixed use building in the MXPUD district
Planning Commission Public Hearing and Action:
The Planning Commission held a public hearing on Thursday, August 19, 2010, on the
request to amend the zoning ordinance. The Planning Commission approved the
amendment by a vote of 7-0.
Background:
As part of City Council's agreement to convey the subject property (commonly known as
"Buena Vista") to Scott and Ascension Horchler, the property must be rezoned to permit
a mixed use building to include a residential unit and meeting hall. The purchaser
intends to use the entire building as a dwelling, with portions used intermittently as a
meeting hall. The City's supplemental regulations for mixed use buildings, however, do
not permit residential uses on a building's first floor. As currently adopted, the only uses
permitted on a first floor are "nonresidential uses permitted in the applicable zoning
district. "
Amendments to the text of the zoning ordinance must be initiated by motion of the
Planning Commission or by resolution of City Council. Therefore, staff asked the
Planning Commission to initiate an amendment of Section 36.2-416(b) of the Zoning
Ordinance to allow any residential use permitted within the Mixed Use Planned Unit
Development (MXPUD) district to be permitted on the first floor of any mixed-use
building. The Commission approved such a motion at its regular meeting on July 15,
2010.
Considerations:
The proposed change is accomplished by amending the table in Section 36.2-540(b) to
modify "Uses permitted on first floor" [Addition noted in italics]:
Sec. 36.2-416. Mixed use buildings and live-work units
* * *
(b) Mixed-use buildings and live-work units. Mixed-use buildings and live-work
units, as permitted by this chapter, shall comply with the following standards:
Development
Standards
Location criteria
Mixed-Use Building
Where permitted by the Use
Matrix of the applicable zoning
district
Types of land
uses allowed
Permitted density
or intensity
Distribution of
uses by floor:
· Uses permitted
on first floor
· Uses permitted
on second floor
· Uses permitted
above second
floor
Live-Work Units
Where permitted by the Use
Matrix of the applicable
zoning district
Residential dwelling units; Uses
permitted in the applicable
zoning district
No density restrictions apply.
The building is subject to the
dimensional requirements of the
Dimensional Matrix for the
applicable zoning district.
Residential dwelling units;
Uses permitted in the
applicable zoning district
See subsection (c), below.
The building is subject to the
dimensional requirements of
the Dimensional Matrix for
the applicable zoning district.
Nonresidential uses permitted in
the applicable zoning district.. 1
except that any residential use
permitted within the MXPUD
district is permitted on the first
floor of a mixed-use building
within the MXPUD district.
Nonresidential uses
permitted in the applicable
zoning district (Residential
uses may be located to th,e
rear of the principal
building.)
Residential dwelling units; Uses
permitted in the applicable
zoning district
Residential dwelling units;
Professional or general offices
2
Residential dwelling units;
Uses permitted in the
applicable zoning district
Residential dwelling units;
Uses permitted in the
applicable zoning district
This amendment would apply to only the MXPUD District and would therefore be
permitted only as part of a MXPUD development plan. The proposed amendments will
increase options for how space can be used within mixed-use buildings. Additional
oversight of this increased flexibility is provided through the public hearing process
required to establish the MXPUD district.
Recommendation:
By a vote of 7-0, the Commission recommended approval of the request finding that the
proposed amendment to the Zoning Ordinance consistent with, and will further the
intent of, Vision 2001-2020. Permitting residential uses on the first floor of mixed-use
buildings will allow more flexibility in determining the most appropriate and feasible
combination of uses.
o
Respectfully submitted,
A,~~
Angela Penn, Chair
City Planning Commission
cc: William M. Hackworth, City Attorney
R. Brian Townsend, Assistant City Manager for Community Development
3
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
--------------------------------------------------+------------------------
CITY OF ROANOKE, PDV
PLANNING, BLDG., DEV
215 CHURCH RM 166
ROANOKE VA 24011
-.-'-,y--.--
City/County of Roanoke, Commonwealth/State of
Vir~.nia. Sworn and subscribed before me this
__l~~day of SEPT 2010. Witness my hand and
official seal.
Notary Public
NonCE OF PUBLIC
HEARING
The Council of the City of
Roanoke will hold a public
hearing on Monday,
September 20, 2010, at
7:00 p.m" or as soon
thereafter as the matte,
may be heard, in the'
Council Chamber, fourth'
floor, in the Noel C. Taylo~
Municipal'Building, 215
Church Av;e.'nue, S.W,,'
I Roa,noke)jirginia, to'
, consider the .IQjlowing: I
. Requ~st'ft~m the City of
Roanoke Planning
I Commission to amend
subsection (b) of Section
136.2-416, Mixed use
, buildings and live-work
i units, of Chapter 36,2,
Zoning, of the Code of the
City of Roanoke (1979),.as
amended, to permit
residential uses to be
located on the first floor of
a mixed-use building in the
MXPUD District.
A copy of the amendment
, is available for review In the
: Office of the City Clerk,
Room 456, Noel C. Taylor
I Municipal Building, 215
Church Avenue, S,W.,
Roanoke, Virginia,
All parties in interest and
citizens may appear on the
above date and be heard on
the matter, If you are a
person with a disability who
needs accommodations'for
this hearing, please contact
I the City Clerk's Office, at
. 853-2541, before noon on
the Thursday before the
date of the hearing listed
above. '
GIVEN under my hand this
: 31st day of August, 2010,
. Stephanie M, Moon, CMC
City Clerk,
REFERENCE: 80076514
12323412
NPH-Code Amendment-P
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
PUBLISHED ON: 09/03 09/10
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TOTAL COST:
FILED ON:
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09/10/10
-------------------------------------------------- ------------------------
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Signature:__i~zAf_~
Billing Services Representative
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NOTICE OF PUBLIC HEARING
The Council of the City of Roanoke will hold a public hearing on Monday, S~ptember 20,
2010, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth
floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to
consider the following:
Request from the City of Roanoke Planning Commission to amend subsection
(b) of Section 36.2-416, Mixed use buildings and live-work units, of Chapter
36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, to
permit residential uses to be located on the first floor of a mixed-use building
in the MXPUD District.
A copy ofthe amendment is available for review in the Office ofthe City Clerk, Room 456,
Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia.
All parties in interest and citizens may appear on the above date and be heard on the matter.
If you are a person with a disability who needs accommodations for this hearing, please contact the
City Clerk's Office, at 853-2541, before noon on the Thursday before the date of the hearing listed
above.
GIVEN under my hand this ..3..ilt day of August
,2010.
Stephanie M. Moon, CMC
City Clerk.
Code amendment-36.2-416 (b),doc
Notice to Publisher:
Publish in the Roanoke Times on Friday, September 3, and Friday, September 10,2010.
Send affidavit to:
Stephanie M. Moon, CMC, City Clerk
215 Church Avenue, S. W., Room 456
Roanoke, Virginia 24011
(540) 853-2541
NPH-Code amendment-36,2-416 (b).doc
Send Bill to:
Martha P. Franklin
Department of Planning, Building, and
Development
215 Church Avenue, S. W., Room 166
Roanoke, Virginia 24011
(540) 853-1730
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S. W., Suite 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
E-mail: c1erk@roanokeva.gov
STEPHANIE M, MOON, CMC
City Clerk
September 22, 2010
Glenda Edwards, Executive Director
Roanoke Redevelopment and Housing Authority
2624 SalemTurnpike, N. W.
Roanoke, Virginia 24017
Dear Ms. Edwards:
JONATHAN E, CRAFT
Deputy City Clerk
CECELIA T. WEBB
Assistant Deputy City Clerk
I am enclosing certified copies of Resolution No. 38954-092010 approving the City of
Roanoke Redevelopment and Housing Authority (RRHA) Resolution No. 3597, which
will terminate and vacate the Redevelopment Plan for the Hurt Park Community
Development Project; Resolution No. 38955-092010 approving the City of Roanoke
Redevelopment and Housing Authority (RRHA) Resolution No. 3598, which will
terminate and vacate the Redevelopment Plan for the Deanwood Community
Development Project; and Resolution No. 38956-092010 approving Amendment No.5,
dated June 2010, to the Redevelopment Plan for Gainsboro Community Development
Program Area; providing for an effective date of such Amendment No.5; and providing
for the City Clerk to take certain actions.
The abovereferenced measureS were adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, September 20, 2010.
~
Enclosure
p-S
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2010.
No. 38954-092010.
A RESOLUTION approving the City of Roanoke Redevelopment and Housing Authority
(RRHA) Resolution No. 3597, which will terminate and vacate the Redevelopment Plan for the
Hurt Park Community Development Project; and providing for the City Clerk to take certain
actions.
WHEREAS, the RRHA Board of Commissioners previously approved the original
Redevelopment Plan for the Hurt Park Community Development Project dated April 1975 (Hurt
Park Plan);
WHEREAS, after appropriate public notice, on June 28, 2010, the RRHA Board of
Commissioners made a determination that the continued existence of the Hurt Park Plan is no
longer necessary and that property owners within the boundaries of the Hurt Park Plan will not
be adversely affected by the termination of such Hurt Park Plan, and adopted Resolution No.
3597 to terminate and vacate the Hurt Park Plan; and
WHEREAS, the RRHA Board of Commissioners recommends in its Resolution No. 3597
that the City approve such RRRA Resolution, which will terminate and vacate the Hurt Park
Plan.
R-Hurt Park Plan termination.DOC
1
A.
R-Hurt Park Plan termination.doc
A. Qp;~ City ClerIc
2
)J:r.
. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2010.
No. 38955-092010.
A RESOLUTION approving the City of Roanoke Redevelopment and Housing Authority
(RRHA) ResolutiOlyNo. 3598, which will termina!e and vacate the Redevelopment Plan for the
Deanwood Community Development Project; and providing for the City Clerk to take certain
actions.
WHEREAS, the RRHA Board of Commissioners previously approved the original
Redevelopment Plan for the Deanwood Community Development Proj ect dated January 1975, as
amended by Amendments 1,2, and 3, dated October 9,1984, July 1985, and September,1994,
respectively (Deanwood Plan);
WHEREAS, after appropriate public notice, on June 28, 2010, the RRHA Board of
Commissioners made a determination that the continued existence of the Deanwood Plan is no
longer necessar~ and that property owners within the boundaries of the Deanwood Plan will not
be adversely affected by the termination of such Deanwood Plan, and adopted Resolution No.
3598 to terminate and vacate the Deanwood Plan, as amended; and
WHEREAS, the RRHA Board of Commissioners recommends in its Resolution No. 3598
that the City approve such RRHA Resolution, which will terminate and vacate the Deanwood
Plan.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. That City Council hereby approves RRHA Resolution No. 3598 dated June' 28,
2010, which RRHA Resolution terminates and vacates the Redevelopment Plan for the
Deanwood Community Development Project, as set forth iJ;l such Resolution.
R-Deanwood Plan termination.doc
1
2. That RRHA Resolution No. 3598, as attached to the City Manager's Report dated
September 20, 2010, to this Council, having been approved and adopted by the RRHA Board of
Commissioners at its meeting on June 28, 2010, and hereby being approved by the Council of the
City of Roanoke, shall and does become effective on date this Resolution is adopted by City
Council, and that the Deanwood Plan, as amended, shall be, and hereby is tenninated and
vacated effective as of such date.
3. The City Clerk is hereby directed to file a copy of the RRHA Resolution No. 3598
with the minutes of this meeting in the City Clerk's Office, attach a copy to this Resolution, and
to send a certified copy of this Resolution to the Executive Director of the RRHA.
~
City Clerk.
,A.
R-Deanwood Plan termination.doc
2
JJ: I.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 20th day of September, 2010.
No. 38956-090210.
A RESOLUTION approving Amendment No.5, dated June 2010, to the Redevelopment
Plan for Gainsboro Community Development Program Area; providing for an effective date of
such Amendment No.5; and providing for the City Clerk to take certain actions.
WHEREAS, the Board of Commissioners of the City of Roanoke Redevelopment and
Housing Authority (RRHA) previously approved the original Redevelopment Plan for
Gainsboro Neighborhood Development Program, which was dated November 22, 1971, and was
subsequently approved by the Council of the City of Roanoke by Resolution No. 20032, adopted
January 10, 1972;.
WHEREAS, the above Redevelopment Plan was subsequently amended by the
following: Amendment No. 1 - Redevelopment Plan for Gainsboro Urban Renewal Area
Neighborhood Development Program, dated June 1975, approved by City Council by Resolution
No.22658, adopted on January 19, 1976; Amendment No. 2 - Redevelopment Plan for
Gainsboro Community Development Program Area, dated April 1983, approved by City Council
by Resolution No. 26684, adopted on September 12, 1983; Amendment No.3 - Redevelopment
Plan for Gainsboro Community Development Program Area, dated December 1986, approved by
City Council by Resolution No. 28463, adopted on December 8, 1986; and Amendment No.4 _
Redevelopment Plan for Gainsboro Community Development Program Area, dated January
1993, approved by City Council by Resolution No. 31425-042693, adopted on April 26, 1993;
WHEREAS, the RRHA on June 10, 2010, held a public meeting with residents of the
Gainsboro Community to discuss the proposed Amendment No.5 to the Redevelopment Plan for
Gainsboro Community Development Program Area and it did not appear to the RRHA that such
R-Amendment No, 5-Gainsboro Redev Plan.doc
I
Amendment No. 5 would have a material adverse impact on any owner, lessee, or transferee of '.
property located within the Gainsboro Redevelopment Area;
WHEREAS, on June 28,2010, the Board of Commissioners of the RRHA duly approved
Amendment No.5 to the Redevelopment Plan for Gainsboro Community Development Program
Area in order to reflect changes in State law, including (but not limited to) restrictions on the use
of eminent domain, which became applicable to the Redevelopment Plan effective July 1, 2010;
WHEREAS, the City has given written notice to owners of property in'the Gainsboro
Redevelopment Area of the City's intent to consider the Amendment No.5 approved by the
RRHA on June 28, 2010, and that such Amendment No.5 will be presented to and considered
for approval by City Council at Council's regular meeting on September 20,2010, at 7:00 p.m.,
or as soon thereafter as the matter may be considered by Council. Such notice further advised
that any person wishing to be heard on the matter could be heard before City Council on
September 20,2010, at such Council meeting;
WHEREAS, based on the recommendations of City staff, it appears that it is necessary to
amend the Redevelopment Plan to reflect the changes in State law as mentioned above; and
WHEREAS, it appears that the continued operation of the Redevelopment Plan, as
,
amended, by Amendment No.5, as indicated in the RRHA's Resolution No. 3599 dated~June 28,
2010, will.in fact benefit the property owners in the Gainsboro Redevelopment Area.
THEREFORE, BE IT RESOLVED by the Council of the City of Roan,?ke as follows:
1. That Amendment No. 5 to the Redevelopment Plan for Gainsboro Community
Development Program Area, which was approved by the Board of Commissioners of the RRHA
on June 28, 2010, is hereby approved by the Council of the City of Roanoke.
2. That such Amendment No. 5, dated June 2010, to the Redevelopment Plan for,
Gainsboro Community Development Program Area, as attached to the City Manager's report
R-Amendment No. S-Gainsboro Redev Plan.doc
2
dated September 20, 2010, to this Council, having been approved and adopted by the Board of
Commissioners of the RRHA at its meeting on June 28,2010, and hereby being approved by the
Council of the City of Roanoke, shall and does become effective on the date this Resolution is
adopted by City Council.
3. The City Clerk is hereby directed to file a copy of Amendment No.5 to the
Redevelopment Plan for Gainsboro Community Development Program Area with the minutes of
this meeting in the City Clerk's Office, attach a copy to this Resolution, and to send a certified
copy of this Resolution to the Executive Director of the RRHA.
ATM~
. A'. arul'l ~:- CIIrk ,-
R-Amendment No. S-Gainsboro Redev Plan.doc
3
CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
September 20, 2010
Termination of the Redevelopment Plan for the Hurt Park
Community Development Project
Background:
A Redevelopment Plan for the Hurt Park Community Development Project (Plan),
dated April, 1975, was approved in 1975 by the Board of Commissioners of the
City of Roanoke Redevelopment and Housing Authority (RRHA) and the City
Council. This Plan guided the acquisition, disposition', and redevelopment of
properties in an area of the Hurt Park neighborhood generally bounded by
Salem Avenue, S.W. on the south, 15th Street, S.W. on the east, Hurt Park
Elementary School on the north, and the former Hurt Park Public Housing
Complex on the west. (Attachment 1)
The goals and objectives of the Plan and related redevelopment activities over
the subsequent years were substantially accomplished, resulting in the creation
of public open space used in conjunction with the Hurt Park Elementary School
complex. No further activity related to the Plan has been undertaken by the
RRHA in recent years.
Considerations:
Since May, 2007, the RRHA and the City of Roanoke have been engaged in
carrying out other community development activities in the Hurt Park
neighborhood under the terms of the "Hurt Park Neighborhood Revitalization
Strategy Area Plan" (NRSA Plan). This NRSA Plan implementation has involved
the demolition of the adjacent public housing complex, the construction of new
housing in its place, and the construction and rehabilitation of additional
housing immediately adjacent in the Hurt Park neighborhood.
With the NRSA Plan implementation underway, the . RRHA Board of
Commissioners has determined that continued existence of the Redevelopment
Plan is no longer necessary and that property owners within the boundaries of
the Plan will not be adversely affected by the termination of the Plan. After
appropriate public notice, on June '28,2010, the RRHA Board of Commissioners
adopted Resolution No. 3597 to terminate and vaca~e the Plan. (Attachment 1)
On August, 2, 2010 legal counsel of the RRHA briefed the City Council on the
proposed termination of the Plan. City Council action is necessary to terminate
and vacate the Plan.
Recommended Action:
Adopt a Resolution approving RRHA Resolution No. 3597, which will terminate
and vacate the Redevelopment Plan for the Hurt Park Community Development
Project.
----..;-
RISTOPHER P. MORRILL
City Manager
Attachment
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Glenda Edwards, Executive Director, RRHA
2
Attachment 1
CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY
RESOLUTION NO: 3597
Meeting Date: June 28,2010
Agenda Item Number: 4
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY
TERMINATING THE REDEVELOPMENT PLAN FOR THE HURT PARK
COMMUNITY DEVELOPMENT PROJECT
WHEREAS, by Resolution of the Board of Commissioners of the Roanoke
Redevelopment and Housing Authority (URRHAn) dated October 20, 1975, RRHA
approved the Redevelopment Plan for the Hurt Park Community Development Project
?ated April 1975 (the "Redevelopment Plan"); and
WHEREAS, the Roanoke City Council did approve and adopt the
Redevelopment Plan; and
WHEREAS, since May 2007, RRHA and the City of Roanoke have been
engaged in a carrying out activities in the Hurt Park area under the terms of the "HURT
PARK NEIGHBORHOOD NEIGHBORHOOD REVITALIZATION STRATEGY AREA
(NRSA) PLAN" (the "NRSA Plan"); and
WHEREAS, the project area designated in the Redevelopment Plan is included
within the 157 acres, more or less, that is covered by the NRSA Plan; and
WHEREAS, RRHA has determined that the Objectives of the Redevelopment
Plan largely duplicate the goals and objectives of the current NRSA Plan, and thus the
Redevelopment Plan is duplicative and no\onger serves any useful purpose; and
WHEREAS, there appears to be no further need for further acquisition or
disposition of real property under the terms of the Redevelopment Plan (as distinct from
the NRSA Plan) by RRHA; and
WHEREAS, RRHA has determined that continued existence of the
Redevelopment Plan is no longer necessary and that the property owners within the
boundaries of the Redevelopment Plan will not be adversely effected by the termination
of the Redevelopment Plan; and
WHEREAS, RRHA has given an appropriate public notice of its intent to consider
this resolution terminating the Redevelopment Plan, in order to advise 'all past and
present owners, lessees or succes.sors in interest of property located within the project
area, or on the boundaries of the project area, as well as all persons who might be
considering the purchase or lease of such properties, of RRHA's intent to terminate the
Redevelopment Plan;
Resolution #3597 - June 28,2010 - Agenda Item #4
1 of 2
NOW THEREFORE BE IT RESOLVED, that the Redevelopment Plan for the
Hurt Park Community Development Project dated April 1975 be and the same is hereby
terminated and vacated and said termjnation and vacation is hereby recommended to
Roanoke City Council for its consideration and approval; and
FURTHER BE IT RESOLVED thatthis Resolution shall become effective
immediately upon its adoption and the Redevelopment Plan for the Hurt Park
Community Development Project dated April 1975 shall be terminated effective
immediately upon action by the City Council of the City of Roanoke.
Recommended by:
~LP~
V of Real Estate Development
~. ~VUA-'
Executive irector
Date b -..2'2.-/6
Approved by:
Date ~/~!JO
COMMISSIONERS ACTION:
~pproved
o Disapproved
Remarks:
Resolution #3597 - June 28,2010 - Agenda Item # 4
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CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
September 20, 2010
Termination of the Redevelopment Plan for the Deanwood
Community Development Project
Backg rou nd:
A Redevelopment Plan for the Deanwood Community Development Project
(Plan), dated January 1975, was approved in 1975 by the Board of
Commissioners of the City of Roanoke Redevelopment and Housing Authority
(RRHA) and the City Council. This Plan guided the acquisition, disposition, and
redevelopment of properties in an area of the City generally bounded by Orange
Avenue, N.E. on the south, Williamson Road, N.E. on the west, Compton Street,
N.E. on the north, and Norfolk Southern Railway tracks on the east. (Attachment
1) The Plan was amended by the RRHA Board of Commissioners and the City
Council in three instances by Plan amendments dated October 9, 1984, July
1985, and September 1994, respectively.
The goals and objectives of the Plan and related redevelopment activities over
the subsequent years were substantially accomplished, resulting in the
development of new office and warehousing facilities and improved streets and
public rights-of-way to facilitate that development. No further activity related to
the Plan has been undertaken by the RRHA in recent years.
Considerations:
Given the determination by the RRHA Board of Commissioners that continued
existence of the Plan is no longer necessary and that property owners within
the boundaries of the Plan will not be adversely affected by the termination of
the Plan, and after appropriate public notice, on June 28, 2010, the RRHA Board
of Commissioners adopted Resolution No. 3598 to terminate and vacate the
Plan, as amended. (Attachment 1)
On August, 2, 2010, legal counsel of the RRHA briefed the City Council on the
proposed termination of the Plan. City Council action is necessary to terminate
and vacate the Plan, as amended.
Recommended Action:
Adopt a Resolution approving RRHA Resolution No. 3598, which will terminate
and vacate the Redevelopment Plan for the Deanwood Community Development
Project.
-~~---------
CHRISTOPHER P. MORRILL
City Manager
Attachment
Distribution: Council Appointed Officers
Brian Townsend, Assistant City Manager for Community Development
Glenda Edwards, Executive Director, RRHA
2
Attachment 1
CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY
RESOLUTION NO: 3598
Meeting Date: June 28, 2010
Agenda Item Number: 5
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY
TERMINATING THE REDEVELOPMENT PLAN FOR THE DEANWOOD
COMMUNITY DEVELOPMENT PROJECT
WHEREAS, the Board of Commissioners.ofthe Roanoke Redevelopment and
Housing,~uthority ("RRHA") duly approved the Redevelopment Plan for the Deanwood
CommunitY Development Project dated January 1975, as amended by Amendment No.
:1 dated October 9, 1984, Amendment NO.2 dated July 1985, and Amendment NO.3
dated September 1994 (the "Redevelopment Plan"); and
WHEREAS, the Roanoke City Council did approve and adopt the'
Redevelopment Plan and all of the amendments to the Redevelopment Plan; and
WHEREAS, RRHA has determined that the Objectives of the Redevelopment
Plan have been substantially accomplished, and that there is no need for further
acquisition or disposition of real property within the project area by RRHA; and
WHEREAS, RRHA has determined that continued existence of the
Redevelopment Plan is no longer necessary and that the property owners within the
boundaries of the Redevelopment Plan will not be adversely effected by the termination
of the Redevelopment Plan; and
WHEREAS, RRHA has given an appropriate public notice of its intent to consider
this resolution terminating the Redevelopment Plan, in order to advise all past and
present owners, lessees or successors in interest of property located within the project
area, or on the boundaries of the project area, as well as all persons who might be
considering the purchase or lease of such properties, of RRHA's intent to terminate the
Redevelopment Plan; and
NOW THEREFORE BE IT RESOLVED, that the Redevelopment Plan for the
Deanwood Community Development Project dated January 1975, as amended by'
Amendment No.1 dated October 9,1984, Amendment No.2 dated July 1985, and
Amendment No.3 dated September 1994, be and the same is hereby terminated and
vacated and said termination and vacation is hereby recommended to Roanoke City
Council for its consideration and approval; and
. FURTHER BE IT RESOLVED that this Resolution shall become effective
immediately upon its adoption and the Redevelopment Plan for the Deanwood
Community Development Project January 1975, as amended by Amendment No.1
Resolution #3598 - June 28, 2010 - Agenda Item # 5
1 of 2
dated October 9,1984, Amendment No.2 dated July 1985, and Amendment NO.3
dated September 1994 shall be terminated effective immediately upon action by the City
Council of the City of Roanoke.
Recommended by:
Date th .-22-/{)
Approved by:
V of Real Estate Development
,~ ~dA~
Executive Director
Date 'IAI :1.).)/0
COMMISSIONERS ACTION:
iii" Approved
o Disapproved
Remarks:
Resolution #3598 - June 28, 2010 - Agenda Item # 5
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CITY COUNCIL AGENDA REPORT
To:
Meeting:
Subject:
Honorable Mayor and Members of City Council
September 20, 2010
Amendment No.5 to the Redevelopment Plan for the Gainsboro.
Community Development Program Area
Background:
A Redevelopment Plan for the Gainsboro Community Development Program
Area (Plan), dated November 22, 1971, was approved in 1971 by the Board of
Commissioners of the City of Roanoke Redevelopment and Housing Authority
(RRHA) and the City Council. This Plan guided the acquisition, disposition, and
redevelopment of properties in an area of the Gainsboro neighborhood
generally bounded by Shenandoah Avenue, N.W. on the south, Williamson Road,
N.E. and Interstate 581 on the east, Orange Avenue, N.E. on the north, and 5th
Street, N.W. on the west. (Attachment 1) The Plan was amended by the RRHA
Board of Commissioners and the City Council in four instances by Plan
amendments dated June 1975, April 1983, December 1986, and January 1993,
respectively.
Considerations:
The goals and objectives of the plan have been pu rsued by the RRHA and the
City over the years subsequent to the Plan's adoption, subject to funding
availability. RRHA wishes the Plan to remain in effect in order to continue the
pursuit of the goals and objectives, but changes in State law which became
effective July 1, 2010, pertaining to the implementation of such Redevelopment
Plans require the Plan's further amendment. These state law changes include,
but are not limited to, restrictions on the use of eminent domain in the
implementation of such Redevelopment Plans.
Under proposed Amendment No.5, RRHA would not actively seek to acquire
any additional properties within the Gainsboro Community Development
Program Area (Area), but would only consider acquisition of any property so
designated through voluntary transactions with landowners or acquisitions at
the request of landowners, subject to availability of funding from the City of
Roanoke. Any acquisition of property by eminent domain within the Area would
be conducted only as permitted under current State Code, and would be
conditioned on further action of the RRHA Board of Commissioners approving
the use of eminent domain and setting out other findings required by law.
Amendment No. 5 describes in more detail the current conditions in the Area,
updates the Plan reflecting those cu rrent conditions, and amends the language
of the Plan to reflect changes in State law noted above. (Attachment 1) It is
desirable and appropriate that certain aspects of the Plan remain operative in
order to control, direct, and assist the ongoing and future development of
remaining parcels still in need of redevelopment and rehabilitation. Therefore,
as indicated in Amendment No.5, other provisions of the original Plan, as
amended, remain in effect.
The RRHA gave written notice of its intent to consider adoption of Amendment
No. 5 to all property owners of record within the Area, and held a public
meeting on Amendment No.5 on June 10, 2010. Upon feedback from that
public meeting, the Board of Commissioners of the RRHA determined that the
approval of Amendment No.5 to the Plan would not have an adverse impact on
any owner, lessee, or. transferee of property located within the Area.
Furthermore, the Board of Commissioners determined that the continued
operation of the Plan, as previously amended and in accordance with the
provisions of Amendment No.5, would benefit property owners within the Area.
On June 28, 2010, the RRHA Board of Commissioners adopted Resolution No.
3599 to approve Amendment No.5 to the Plan, as amended. (Attachment 1)
City Council action is necessary to approve Amendment No.5 to the Plan. On
August, 2, 2010, legal counsel of the RRHA briefed the City Council on the
proposed amendment. By letter dated August 19, 2010, the City Manager's
office provided written notice to all property owners of record within the Area
regarding City Council's intent to consider adoption of Amendment No.5 at its
September 20, 2010, 7:00 p.m. meeting..
Recommended Action:
Adopt, a Resolution approving Amendment No.5 to the Redevelopment Plan for
the Gains oro Community Development Program Area. .
RISTOPHER P. MORRILL
City Manager
Attachment
Distribution: Council Appointed Officers
R. Brian Townsend, Assistant City Manager for Community Development
Glenda Edwards, Executive Director, RRHA
2
Attachment 1
CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY
RESOLUTION NO: 3599
Meeting Date: June 28,2010
Agenda Item Number:, 6
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE CITY
OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY
APPROVING AMENDMENT NO.5 TO THE REDEVELOPMENT PLAN
FOR THE GAINSBORO COMMUNITY DEVELOPMENT PROGRAM
AREA
WHEREAS, the Board of Commissioners of the Roanoke Redevelopment and
Housing Authority ("RRHA") duly approved the Redevelopment Plan for the Gainsboro
pommunity Development Program Area, as amended by Amendment NO.1 (approved
by Roanoke City council on January 19, 1976); Amendment No.2 (approved by
Roanoke City Council on September 12, 1983); Amendment NO.3 (approved by
Roanoke City Council on December 8, 1983) and Amendment NO.4 (approved by
Roanoke City Council on April 26, 1993), all collectively hereinafter referred to. as the
"Redevelopment Plan"; and
WHEREAS, RRHA has pursued the Goals and Objectives of the Redevelopment
. Plan as funding for activities has been made available to it by the City of Roanoke; and
WHEREAS, RRHA wishes to continue the Redevelopment Plan in effect in order
to permit it to pursue the Goals and Objective of the Redevelopment Plan in the future
as funding is made available to RRHA by the City of Roanoke; and
WHEREAS, it is necessary and appropriate that the Redevelopment Plan remain
in place, and that redevelopment activities continue in the Gainsboro Redevelopment
Area as funding is made available to RRHA by the City of Roanoke; and
WHEREAS, it is necessary to amend the Redevelopment Plan in order to reflect
changes in State law, including (but not limited to) restrictions on the use of eminent
domain which will become applicable to the Redevelopment Plan effective July 1, 2010;
and
WHEREAS, the proposed Amendment No.5 to the "Redevelopment Plan for
Gainsboro Community Development Program Area" describes in more detail the current
conditions in the Gainsboro Redevelopment Area, and would amend the
Redevelopment Plan in order to reflect the referenced changes in State law; and
WHEREAS, RRHA has given written notice of its intent to consider the proposed
Amendment No.5 to the "Redevelopment Plan fOf Gainsboro Community Development
Program Area" to all fecord owners of property in the Gainsboro Redevelopment Area;
a~ .
Resolution #3599 - June 28, 2010 - Agenda Item # 6
1 of 2
WHEREAS,-RRHA on June 10, 2010, held a public meeting with residents of the
Gainsboro community to discuss the proposed Amendment NO.5 to the
"Redevelopment Plan for Gainsboro Community Development Program Area"; and
WHEREAS, it does not appear that approval of the proposed Amendment NO.5
to the "Redevelopment Plan for Gainsboro Community Development Program Area" will
have a material adverse impact on any owner, lessee or transferee of property located
within the Gainsboro Redevelopment Area; and
, WHEREAS, the continued operation of the Redevelopment Plan, as amended in
accordance with the proposed Amendment No.5 to the "Redevelopment plan for
Gainsboro Community Development Program Area" will in fact benefit the property
owners in the G'ainsboro Redevelopment Area; .
NOW THEREFORE BE IT RESOLVED by the Commissioners of the City of
Roanoke Redevelopment and Housing Authority, that
1. Amendment No.5 to the "Redevelopment Plan for Gainsboro Community
Development Program Area" is hereby approved; and
2. Amendment No.5 to the "Redevelopment Plan for Gainsboro Community
, Development Program Area" shall become effective as of the date of the
resolution of the City Council of the City of Roanoke approving and adopting
such amendment.
Recommended by: ~ ~
A ~_:eaJ Eslale Developmen1
Approved by: ~ ~
Exec~tive irector
Date b -2'2- /6
Date ~ /~c;l /1 ()
COMMISSIONERS ACTION:
M" Approved
o Disapproved
Remarks:
Resolution #3599 - June 28, 2010 - Agenda Item # 6
20f2
REDEVELOPMENT PLAN
FOR
GAINSBORO
COMMUNITY DEVELOPMENT
PROGRAM AREA
AMENDMENT NO.5
ROANOKE, VIRGINIA
June 2010
City of Roanoke Redevelopment and Housing Authority
Resolution #3599 - June 28.2010 - Agenda Item # 6 - Attachment
1 of 11
The Redevelopment Plan for the Gainsboro Community Development Program Area
(commonly referred to as the "Gainsboro Redevelopment Plan") was approved by
Roanoke City Council on January 10,1972, which plan generally provided for the
renewal of the Gainsboro area as a residential neighborhood.
Amendment No. 1 to the Gainsboro Redevelopment Plan was approved by Roanoke
City council on January 19, 1976. The general purpose of said amendment was to
lower site preparation costs by the adjustment of new street rights-of-way and by
making adjustments in residential land use and residential densities to more adequately
reflect economic conditions that existed at the time of the amendment.
Amendment NO.2 to the Gainsboro Redevelopment Plan was approved by Roanoke
City Council on September 12, 1983. The general purpose of said amendment was to
allow the rehabilitation/conservation of residential structures.
.
Amendment NO.3 to the Gainsboro Redevelopment Plan was approved by Roanoke
City Council on December 8, 1983. The general purpose of said amendment was to
eliminate certain provisions from the plan in order to allow for the development of motels
in Light Industrial Land Use Areas.
Amendment No.4 to the Gainsboro Redevelopment Plan was approved by Roanoke
City Council on April 26, 1993. The purpose of said amendment was to bring the Plan
Exhibits into conformity with what existed at the time; to provide for the revitalization of
the Hotel Roanoke/Henry Street commercial area in general and the development of a
modem hotel-conference center complex In conjunction with the renovation of the Hotel
Roanoke; to make changes in land uses so as to bring them into conformity with the
City of Roanoke's Zoning Districts; and to address the preservation and rev~alization of
historic, residential neighborhoods.
This Amendment No.5 to the Gainsboro Redevelopment Plan is for the purpose of
conforming the provisions of the plan dealing with the acquisition of real property to
reflect changes in applicable State law, so as to remove the use of eminent domain as a
tool for acquisition of property except in certain, narrowly-defined circumstances and to
condition any future use of eminent domain on further findings and actions by the Board
of Commissioners of the City of Roanoke Redevelopment and Housing Authority. This
Amendment also seeks to amend certain provisions of the Gainsboro Redevelopment
Plan in order to reflect developments that have occurred since the plan was last
amended.
This Amendment No.5 amends and supplements the provisions of the Gainsboro
Redevelopment Plan as in effect after approval of Amendment No.4. Except to the
extent repealed, revised, or amended in this AmendmeJit No.5, all provisions of the
Gainsboro Redevelopment Plan as in effect after approval of Amendment NO.4 shall
remain in full force and effect.
Resolution #3599 - June 28, 2010 - Agenda Item # 6 . Attachment
2 of 11
A. 'DESCRIPTION OF COMMUNITY DEVELOPMENT PROGRAM AREA.
The Boundary Description of the Gainsboro Community Development Area (the
"Gainsboro Redevelopment Area") shall continue to be as set forth in Amendment No.4
to the Gainsboro Redevelopment Plan.
B. DEVELOPMENT GOALS AND OBJECTIVES,
The Development Goals and Objective of the Gainsboro Redevelopment Plan are as
set forth in Amendment NO.4 to the Gainsboro Redevelopment Plan, except fhat all
provisions addressing acquisition of property in the Gainsboro Redevelopment Area by
the City of Roanoke Redevelopment and Housing Authority ("RRHA"), including but not
limited to Sections B.1,a, B.1.d, B.2.b.1, B.2.d.1 and B.3.f.11, shall be subject to the
provisions of Section Dof this Amendment NO.5 to the Gainsboro Redevelopment
Plan.
C. GENERAL LAND USE PLAN.
The Land Use Plan as set forth in Amendment NO.4 to the Gainsboro Redevelopment
Plan shall remain in effect, except that any acquisition of property in the Gainsboro
Redevelopment Area by RRHA shall be subject to the provisions of Section D of this
Amendment NO.5 to the Gainsboro Redevelopment Plan.
Section C.3 of Amendment No.4 to the Gainsboro Redevelopment Plan provides that
the regulations and land use provisions set out in that Amendment NO.4 "shall be in full
force and effect until September 1, 2001." Nothing in this Amendment No.5 to the
Gainsboro Redevelopment Plan shall be construed to alter, amend or modify in any way
any contractual obligations set forth in any agreement for the purchase or lease of
property in the Gainsboro Redevelopment Area acquired from RRHA prior to the
effective date of this Amendment No.5, nor shall it be construed to alter, amend or
modify any obligations set forth in any deed or other disposition document(s) for
property sold or leased by RRHA under the provisions of the Gainsboro Redevelopment
Plan or any amendments thereto. .
D. PROJECT PROPOSAL.
The provisions of Section D of Amendment No.4 to the Gainsboro
Redevelopment Plan are deleted in their entirety, and replaced with the following
provisions:
To the extent property in the Gainsboro Redevelopment Area has not previously
been redeveloped and/or rehabilitated in a manner consistent with the terms of
the Gainsboro Redevelopment Plan, RRHA may use any of the following
techniques to achieve and/or assist in such redevelopment and/or rehabilitation.
RRHA's ability to use any of the techniques described in this Section D. is
dependent on the availability offunding from the City of Roanoke to permit RRHA
to pursue activities under the Gainsboro Redevelopment Plan, as RRHA has no
funds of its own which can be used to pursue such activities.
~esolutjon #3599 -:- June 28.2010 - Agenda Item # 6 - Attachment
3 of 11
~,
1.
Land -Acquisition.
a. From and after the date of the approval of this Amendment No.5 to
the Gainsboro Redevelopment Plan, RRHA will focus on
redevelopment through private, voluntary transactions with owners
of properties in the Gainsboro Redevelopment Afea, either through
voluntary acquisition of properties if requested Of agfeed to by the
property owner(s) or through partnerships to support owner .
redevelopment of the properties. RRHA has no present plans to
acquire any additional properties in the Gainsboro Redevelopment
Area unless requested to do so by the owner(s) of the property or
unless the acquisition is by agreement of the property owner(s).
RRHA does not intend at this time to use the power of eminent
domain to acquire additional properties in the Gainsboro
Redevelopment Area. However, eminent domain will be
considered in very narrow circumstances as permitted under
Virginia Code ~ 1-219.1, but only based on additional future action
by the Board of Commissioners of RRHA.
b. From and after the date of approval o(this Amendment No.5 to the
Gainsboro Redevelopment Plan, RRHA will no longer actively seek
to acquire properties in the Gainsboro Redevelopment Area.
However, RRHA reserves the right to initiate a request for voluntary
acquisition if RRHA's Board of Commissioners approves and
authorizes such a request.
c. RRHA will consider acquisition of real property located within the
Gainsboro Redevelopment Area, whether or not such property was
previously designated as property "To be Acquired," if requested by
the property owner(s) or with the agreement of the property
owner(s). RRHA will consider acquisition of properties in the
Gainsboro Redevelopment Area only on the b.ases set forth below.
(i) Acquisition of Real Property by Use of Eminent Domain
(1) From and after the date of approval of this
Amendment No.5 to the Gainsboro Redevelopment
Plan, RRHA will not acquire property in the Gainsboro .
Redevelopment Area through the use of eminent
domain except in the following limited circumstances:
(a) RRHA may utilize eminent domain to acquire
property within the Gainsboro Redevelopment
Area if the property is abandoned. Before
eminent domain may be utilized in any such
case, RRHA's Board of Commissioners must
pass a resolution (a) determining that the
Resolution #3599 - June 28, 2010..., Agenda Item # 6 - Attachment
4 of 11
property is abandoned; (b) identifying the
source of the funds to be used for acquisition
of the property; and (c) authorizing the use of
eminent domain.
'(b) RRHA may utilize eminent domain to acquire
property within the Gainsboro Redevelopment
Area if the acquisition is needed to clear title
where one of the owners agrees to such
acquisition. Before eminent domain may be
utilized in any such case, RRHA's Board of
Commissioners must pass a resolution (a)
identifying the source of the funds to be used
for acquisition of the property; and (b)
authorizing the use of eminent domain.
(c) RRHA may utilize eminent domain to acquire
property within the Gainsboro Redevelopment
Area if the acquisition is by agreement of all
the owners. Before eminent domain may be
utilized in any such case, RRHA's Board of
Commissioners must pass a resolution (a)
identifying the source of the funds to be used
for acquisition of the property; and (b)
authorizing the use of eminent domain.
(d) RRHA may utilize eminent domain to acquire
property within the Gainsboro Redevelopment
Area if the property is itself a blighted property.
However, any such acquisition shall be
conducted under, and in accordance with, the
provisions of Virginia Code ~ 36-49.1:1.
(2) Voluntary Acquisition of Real Property.
(a) RRHA currently does not intend to acquire
additional prope"rties in the Gainsboro
Redevelopment Area, but if approached by the
owner or owners of properties in the
Redevelopment Area RRHA will consider
purchases of property within the Gainsboro
, Redevelopment Area through a voluntary
transaction with the owner(s). RRHA shall not,
however, be obligated to purchase a property
solely because the owner or owners may have
requested that RRHA acquire the property.
Resolution #3599 - June 28, 2010 - Agenda Item # 6 - Attachment
5 of 11
(b) RRHA also reserves the right to initiate a
request for such voluntary acquisition if its
Board of Commissioner's approves and
authorizes such a request.
2. Rehabilitation and Conservation.
RRHA may seek to provide assistance in residential property
rehabilitation. The residential property rehabilitation standards made a
part of Amendment NO.4 to the Gainsboro Redevelopment Plan shall
remain in effect, except that in the event of any conflict between any
provisions of the residential property rehabilitation standards and any
provisions ofthe BuildingHegulations of the City of Roanoke ("Building
Regulations"), or the Zoning Regulations of the City of Roanoke ("Zoning
Regulations"), the Building Regulations and/or Zoning Regulations shall
control.
To facilitate rehabilitation activities within the Gainsboro Redevelopment
Area, RRHA, its agents, or other subcontractors may provide financial and
technical assistance to qualified owners of properties needing
rehabilitation, but shall not be obligated to do so.
3. Owner Rehabilitation/Redevelopment.
RRHA will seek to encourage owner rehabilitation/redevelopment of
properties within the Gainsboro Redevelopment Area. RRHA will consider
a plan of development by an existing property owner for said owner's
property/properties if the proposed development plan complies with the
provisions and intent of the Gainsboro Redevelopment Plan, as amended,
and may enter into a contractual agreement with the owner for
rehabilitation/redevelopment of the property. RRHA may consider
providing assistance to owners, in the form of loans or grants of funds, to
facilitate the construction, reconstruction or rehabilitation of properties, but
RRHA shall not be obligated to provide any such assistance.
4. Disposition of Property.
From and after the date of approval of this Amendment NO.5 to the
Gainsboro Redevelopment Plan, any property within the Gainsboro
Redevelopment Area acquired by RRHA will be disposed of by sale or
lease for redevelopment or rehabilitation by private enterprise or by public
enterprise, or else will be used for public rights-of-way or development or
enlargement of public areas, except that RRHA may, at is discretion,
utilize acquired property for rehabilitation purposes and delay disposition
of such property until such time as rehabilitation has been completed.
5. Proposals for Low and Moderate Cost Housing.
Resolution #3599 - June 28. 2010 - Agenda Item # 6 - Attachment
6 of 11
In administering assistance in rehabilitation and/or redevelopment of
property in the Gainsboro Redevelopment Area, in considering proposed
development plans for properties located in the Gainsboro Redevelopment
Area, and in making decisions about the disposition and use of any
property acquired under the Gainsboro Redevelopment Plan, as
amended, RRHA shall endeavor to provide for the development of
housing within the Gainsboro Redevelopment Area at a sales price or
rental rate not exceeding that which can be afforded by low and moderate
income individuals and families.
6. Developer Obligations.
Any developer acquiring property in the Gainsboro Redevelopment Area
from RRHA shall be subject to the following conditions which shall be
implemented by appropriate covenants running with the land or other
provisions in disposition documents.
a. The developer shall begin and complete the development of the
land within the time specified in the disposition documents.
b. The developer shall retain th.e interest acquired until the completion
of construction and development of the land so acquired, pursuant
to this Plan. and shall not sell, lease or transfer the interest
acquired or any part thereof prior to such completion of construction
and development, except that RRHA may give written consent to
such a sale, lease or transfer with appropriate conditions to ensure
that the purchaser, lessee or transferee'will comply with the terms
of this Plan.
c. The developer shall comply with such other conditions as are
necessary in the judgment of RRHA to ensure that the purposes of
Title 36 of the 1950 Code of Virginia, as amended, are carried out.
d. Nothing in this Amendment No.5 to the Gainsboro Redevelopment
Plan shall be construed to alter, amend or modify in any way any
contractual obligations set forth in any agreement for purchase of
property in the Gainsboro Redevelopment Area acquired from
RRHA prior to the effective date of this Amendment No.5, nor shall
it be construed to alter, amend or modify any obligations set forth in
any deed or other disposition document(s) for property sold by
RRHA under the provisions of the Gainsboro Redevelopment Plan
or any amendments thereto..
7. Underground Utilities.
Within the Gainsboro Redevelopment Area, overhead utility lines will be
placed underground as required by the City of Roanoke, insofar as
practicable.
Resolution #3599 - June 28, 2010 - Agenda Item # 6. Attachment
7 of 11
E. OTHER PROVISIONS NECESSARY TO MEET REQUIREMENTS OF
APPLICABLE STATE OR LOCAL LAW.
In connection with this Amendment No.5 to the Gainsboro Redevelopment Plan,
RRHA has not conducted or commissioned any formal study of the conditions in
the Gainsboro Redevelopment Area to determine whether it continues to meet
the definition of a "blighted area" under the definition contained in Virginia Code S
36-3, or to determine which individual properties might qualify as "blighted
property" under the definition contained in Virginia Code ~ 36-3. Rather, the
purpose of this Amendment No.5 to the Gainsboro Redevelopment Plan is to '
provide RRHA with the means to continue to address the conditions set out in
Amendment No.4 to the Gainsboro Redevelopment Plan in a manner consistent
with current State law.
1. This Amendment NO.5 to the Gainsboro Redevelopment Plan provides an
outline for the continued development/redevelopment of the Gainsboro
Redevelopment Area.
2. Based on available information and observations, many of the conditions
identified in Amendment NO.4 to the Gainsboro Redevelopment Plan
(including the conditions identified in Sections E.1 of Amendment NO.4 to
the Gainsboro Redevelopment Plan) still exist in parts of the Gainsboro
Redevelopment Area and have not been addressed, or have not been
addressed fully, by activities under the Gainsboro Redevelopment Plan or
by private action in the Gainsboro Redevelopment Area. Parts of the
Gainsboro Redevelopment Area continue to be appropriate for
rehabilitation and redevelopment treatment through the removal,
prevention and reduction of blight, blighting influences and other causes of
blight.
3. Despite the r&-opening of the Hotel Roanoke and the addition of its
Conference Center, other conditions identified in Amendment No.4 to the
, Gainsboro Redevelopment Plan have not been addressed, or have not
been addressed fully, through redevelopment and/or rehabilitation.
4, As set forth in Section D., above, RRHA has no present plans to acquire
any additional properties in the Gainsboro Redevelopment Area unless
requested to do so by the owner(s) of the property or unless the
acquisition is by agreement of the property owner(s). From and after the,
date of approval of this Amendment NO.5 to the Gainsboro
Redevelopment Plan, RRHA will not acquire property in the Gainsboro
Redevelopment Area through the use of eminent domain except in the
narrowly-defined, limited circumstances set forth in Section D.1.d.(1),
above, of this Amendment No.5 to the Gainsboro Redevelopment Plan
and only after further action of RRHA's Board of Commissioners.
Resolution #3599 - June 28, 2010 - Agenda Item # 6 -Attachment
8 of 11
5. The plan for the proposed rehabilitation/redevelopment of properties in the
Gainshoro Redevelopment Area continues to be in general conformity with
the City of Roanoke's Comprehensive Plan, and has a definite relationship
with local objectives as to appropriate land uses and transportation, public
utilities, recreation, and community facilities and other improvements.
Based on available information and observations, the provisions of
Section E.9 of Amendment No.4 to the Gainsboro Redevelopment Plan
continue to be applicable to the Gainsboro Redevelopment Area.
6. From and after the date of approval of this Amendment NO.5 to the
Gainsboro Redevelopment Plan, if RRHA acquIres any additional
property/properties within the Gainsboro Redevelopment Area such
property/properties shall be made available to private enterprise or non-
government persons or entities for the purposes of redevelopment in
accordance with the terms of this Amendment No.5 to the Gainsboro
Redevelopment Plan, or to public enterprise for use as public rights-of-
way or for development ancVor enlargement of public areas pursuant to
the provisions of this Amendment No.5 to the Gainsboro Redevelopment
Plan. '
7. Because RRHA has no present plans to acquire any additional properties
in the Gainsboro Redevelopment Area unless requested to do so by the
owner(s) of the property or unless the acquisition is by agreement of the
property owner(s), it is not possible for this Amendment No.5 to the
Gainsboro Redevelopment Plan to indicate the real property to be made
available to private enterprise/non-government persons or entities for the
purposes of redevelopment, or the land which will be made available to
public enterprise for redevelopment. If any real property in the Gainsboro
Redevelopment Area is to acquired by RRHA, additional action will be
required by the Board of Commissioners of RRHA, at which time the -
Board of Commissioners will identify the intended use and/or disposition of
the real property,
8. From and after the date of approval of this Amendment No.5 to the
Gainsboro Redevelopment Plan, if RRHA acquires any additional
property/properties within the Gainsboro Redevelopment Area, then in
evaluating proposals for redevelopment of such property RRHA shall
given preference to redevelopment proposals which provide for
development and/or rehabilitation of a number of decent, safe and sanitary
dwellings at least equal, or substantially equal in number to the number of
substandard dwellings to be cleared as a part of the redevelopment of the
property, at rents within the financial reach of the income groups displaced
from such substandard dwellings. To assist in achieving this goal, RRHA
will encourage redevelopers to utilize townhouse style designs and to
consider construction of buildings designed to include multiple rental units,
where appropriate. RRHA will also encourage redevelopers to replace
substandard dwelling units with new units that would be affordable by
Resolution #3599 - June 28, 2010 - Agenda Item # 6 - AUachment
9 of 11
individuals with income levels not exceeding 80% of the Area Median
Income.
9. In determining whether a dwelling unit is considered to be decent, safe
and sanitary, RRHA will utilize the criteria set out in Section E.11.c. of
Amendment NO.4 to the Gainsboro Redevelopment Plan.
10. RRHA will offer relocation assistance and services as required under
Virginia's Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1972, as amended (hereafter referred to as "the Act"), and
the related sections of the Virginia Administrative Code, (hereafter referred
to as "the Code") to individuals, businesses and nonprofit organizations
that are to be displaced as a result of approved redevelopment activities.
The Act and the Code are the basis for this relocation plan and where any
provision of this Amendment No.5 to the Gainsboro Redevelopment Plan
is in conflict with the Act or the Code, the Act or the Code shall govern.
11. From and after the date of approval of this Amendment NO.5 to the
Gainsboro Redevelopment Plan, if RRHA acquires any additional
property/properties within the Galnsboro Redevelopment Area, then at the
time property is made available for rehabilitation, development or
redevelopment by public or private enterprise RRHA shall stipulate in
disposition documents that the purchaser(s) or lessee(s) shall (i) use the
land for the purpose designated in the Gainsboro Redevelopment Plan;, (ii)
begin the building of their improvements within a period of time which
RRHA fixes as reasonable; and (iii) comply with such other conditions as
are necessary to carry out the purposes of the Gainsboro Redevelopment
Plan and the purposes of Title 36 of the Code of Virginia, as amended.
12. RRHA believes that this Amendment No.5 to the Gainsboro
Redevelopment Plan does not materially adversely affect the owner,
lessee or successor in Interest of any property in the Gainsboro
Redevelopment Area affected by the amendment. However, RRHA has
provided notice of this proposed Amendment NO.5 to the Gainsboro
Redevelopment Plan to all record owners of property in the Gainsboro
Redevelopment Area.
F, PROCEDURES FOR CHANGES IN APPROVED PLAN.
The Gainsboro Redevelopment Plan may be modified from time to time upon
compliance with the requirements of law and outstanding covenant rights,
provided that prior to the passage of any resolution amending the Gainsboro
Redevelopment Plan the owner of any land in the Gainsboro Redevelopment
Area previously disposed of by RRHA for use in accordance with the Gainsboro
Redevelopment Plan and/or any Amendments thereto shall be sent at least thirty
(30) days prior to the consideration of any such resolution by the Roanoke City
Council, written notice of the time and place of such Council meeting, and where
Resolution #3599 - June 28,2010 - Agenda Item # 6 - Attachment
10 of 11
a copy of the proposed amendment and a precise description of the proposed
changes may be inspected. .
Resolution #3599 - June 28, 2010 - Agenda Item # 6 - Attachment
11 of 11
:'~.t
, ROANOKE
PLANNING. .
;;~".
Gainsboro Community Development Program
. January 1993 N
. ~~~ A
D Tax Parcels
The Roanoke Times
Roanoke, Virginia
Affidavit of Publication
The Roanoke Times
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F I LED ON: 09/05/10 II" III \ \ ,
--------------------------------------------------+-----------------------
STEPHANIE M. MOON
CITY OF ROANOKE CLERK'S OFFICE
215 CHURCH AVE SW RM 456
NOEL C. TAYLOR MUNICIPAL BLDG.
ROANOKE VA 24011
REFERENCE:
32143302
12323492
NOM-Deanwood Termina
State of Virginia
City of Roanoke
I, (the undersigned) an authorized representative
of the Times-World Corporation, which corporation
is publisher of the Roanoke Times, a daily
newspaper published in Roanoke, in the State of
Virginia, do certify that the annexed notice was
published in said newspapers on the following
dates:
City/County of Roanoke, Commonwealth/State of
Virginia. Sworn and subscribed before me this
_~~_day of SEPT 2010. Witness my hand and
offlcial seal.
~u
Notary
Public
PUBLISHED ON:
09/05
COMMUNITY
DEVELOPMENT
PROJECT
, Notice is hereby given that
! the Council of the City of
, Roanoke (City Council) at its
! regular meeting on Monday,
i September 20, 2010, at
~ 7:00 p.m., or as soon
, thereafter as the matter:
may be conslaered by
Council, will consider the
I adoption of Resolutions
terminating the
. Redevelopment Plan for the
Deanwood Community
Development Project
(Deanwood Plan), and the'
Hurt Park Community
Development Project (Hurt
Park Plan). The location of
such Council meeting will
be in the Council Chambers
Room 450, in the Noel C: ,
Taylor Municipal Building, I
215 Church Avenue, S.W.,
Roanoke, Virginia 24011. i
On June 2B, 2010, the I
Board of Commissioners of I
the City of Roanoke
Redevelopment and
Housing Authority (RRHA) I
adopted Resolution No.
359B which provided for the
termination of the
Deanwood Plan dated
January 1975, as amended I
by Amendment No.1 dated ~
October 9, 19B4,
Amendment No.2 dated
July 19B5, and Amendment
No.3 dated September I
1994, which RRHA,
Resor'ution is to become:
effective immediately upon
action by City Council
approving such 'RRHA
Resolution.
-un-JUne 28,-2010, the
Board of Commissioners of
Ithe RRHA'adopted
I Resolution No. 3597 which
, provided for the termination
, of the Hurt Park Plan dated
, April 1975, which RRHA
I Resolution is to become
i effective immediately upon
, action by City Council
i approving such RRHA
I Resolution. '
Copies of RRHA
Resolutions Nos. 3597 and
'I 3598 dated June 28, 2010,
and the proposed City
I Council Resolutions
: approving the two RRHA
I Resolutions, as well as
, copies of the Deanwood
:Plan, including
I Amendments No.1, No.2,
and No.3, and the Hurt
I Park Plan are available for
I inspection and 'review in the
Office of the City Clerk,
Room 456, in the Noel C.
Taylor Municipal Building,
215 Church Avenue, S.W.,
Roanoke, Virginia 24011'.
RRHA Resolutions Nos.
, 3597 and 3598 and the
I proposed City Council '
I Resolutions may also be
I viewed by accessing a link
: under the' READ ABOUT
'column on the City of
, Roanoke Website Home
IPa.ge at
, www.roanokeva.gov. RRHA
, Resolutions Nos. 3597 and!
, 3598 and the proposed City,
, Council Resolutions referred I
to above contain a precise ,
description of the actions to I
be taken regarding the
ter,mlnation of the'
Deanwood Plan and the'
Hurt Park Plan.
If City Council approves:
the proposed Resolutions, '
they will become effective
as of the date each I
Resolution is adopted'by :
Ci!y CounciL .
Authorized v:- .Jl1/l1rh// r ~ ~ utA /I .
Signature'_~~~_~~t~ Billing Services Representative
'<..:."""'---_..JJ _,.:;;,.;......-.;.....-...........,__~.-.~_. "__._ .
An~wishing to be :
heard on this matter should I
sign up at the City Clerk's
Office'before the 7:00 p.m. i
meeting on September 20, i
2010, by contacting the City I
Clerk's Office at (540)
853-2541 or by signing up :
before the meeting at the I
table in front of Room 450. ,
Furthermore, ,if you are a
i person with a disability and !
who n~ e ,e d s I
accommodations for the
City Council meeting, please
contact the City Clerk's I
Office at (540) 853-2541
before Noon on. the'
Thursday before the date of
the Council meeting listed
above. ':
If you are unable to attend
the City Council meeting, I
you may submit written ,I
comments to the CiJy by ,
directing such comments to ,
the attention of .the City:
, Clerk at the City Clerk's.
address referred to above. i
If you have any questions; ,
, please contact the City,"
Clerk at (540),853-2541. i
' GIVEN under my hand this ,
31st day of August, 2010. I
Stephanie M.Moon, City !
' Clerk'i
(12323492)
-,.;.;........
" .
': '11
~' :.,
. 7.- j
"j
2h) HIt! E2 d3~3 01. )J?l31:1 A1D
'1
p1.
NOTICE OF MEETING
OF THE
COUNCIL OF THE CITY OF ROANOKE
TO CONSIDER ADOPTION OF RESOLUTIONS
TERMINATING THE REDEVELOPMENT PLANS FOR THE
DEANWOOD COMMUNITY DEVELOPMENT PROJECT
AND THE HURT PARK COMMUNITY DEVELOPMENT PROJECT
Notice is hereby given that the Council of the City of Roanoke (City Council) at its regular
meeting on Monday, September 20,2010, at 7:00 p.m., or as soon thereafter as the matter may
be considered by Council, will consider the adoption of Resolutions tenninating the
Redevelopment Plan for the Deanwood Community Development Project (Deanwood Plan), and
the Hurt Park Community Development Project (Hurt Park Plan). The location of such Council
meeting will be in the Council Chambers, Room 450, in the Noel C. Taylor Municipal Building,
215 Church Avenue, S,W., Roanoke, Virginia 24011.
On June 28, 2010, the Board of Commissioners of the City of Roanoke Redevelopment and
Housing Authority (RRHA) adopted Resolution No. 3598 which provided for the tennination of
the Deanwood Plan dated January 1975, as amended by Amendment No.1 dated October 9,
1984, Amendment No.2 dated July 1985, and Amendment No.3 dated September 1994, which
RRHA Resolution is to become effective immediately upon action by City Council approving
such RRHA Resolution.
On June 28, 2010, the Board of Commissioners of the RRHA adopted Resolution No. 3597
which provided for the termination of the Hurt Park Plan dated April 1975, which RRHA
Resolution is to become effective immediately upon action by City Council approving such
RRHA Resolution.
Copies of RRHA Resolutions Nos. 3597 and 3598 dated June 28, 2010, and the proposed City
Council Resolutions approving the two RRHA Resolutions, as well as copies of the Deanwood
Plan, including Amendments No.1, No.2, and No.3, and the Hurt Park Plan are available for
inspection and review in the Office of the City Clerk, Room 456, in the Noel C. Taylor
Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. RRHA Resolutions
Nos. 3597 and 3598 and the proposed City Council Resolutions may also be viewed by accessing
a link under the READ ABOUT column on the City of Roanoke Website Home Page at
www.roanokeva.gov. RRHA Resolutions Nos. 3597 and 3598 and the proposed City Council
Resolutions referred to above contain a precise description of the actions to be taken regarding
the termination of the Deanwood Plan and the Hurt Park Plan.
If City Council approves the proposed Resolutions, they will become effective as of the date
each Resolution is adopted by City Council.
Any person wishing to be heard on this matter should sign up at the City Clerk's Office before
the 7:00 p.m. meeting on September 20, 2010, by contacting the City Clerk's Office at (540)
853-2541 or by signing up before the meeting at the table in front of Room 450. Furthermore, if
you are a person with a disability and who needs accommodations for the City Council meeting,
1
please contact the City Clerk's Office at (540) 853-2541 before Noon on the Thursday before the
date of the Council meeting listed above.
If you are unable to attend the City Council meeting, you may submit written comments to the
City by directing such comments to the attention of the City Clerk at the City Clerk's address
referred to above.
If you have any questions, please contact the City Clerk at (540) 853-2541.
GIVEN under my hand this 311st day of August
,2010.
Stephanie M. Moon, City Clerk.
Note to Publisher:
Please publish once in the Roanoke Times, legal notices, on Sunday, September 5,2010.
Please send bill and affidavit of publication to:
Stephanie M. Moon
City Clerk's Office
456 Noel C. Taylor Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
(540) 853-2541
2