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Council Actions 02-19-13
PRICE 39591-021913 0n'.Iy .�;i� T.T. ctPs ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 19, 2013 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1. Call to Order--Roll Call. Council Member Lea was absent (2:00 p.m. session only) The Invocation was delivered by Bernard S. Via, Minister, Green Memorial United Methodist 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 Channel 3on Thursday, February 21 at 7:00 p.m., and Saturday, February 23 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. I 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, CLICK 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 EXPIRATIONS OF TERMS OF OFFICE: FAIR HOUSING BOARD (FOUR THREE-YEAR TERMS OF OFFICE) PARKS AND RECREATION ADVISORY BOARD (FOUR THREE-YEAR TERMS OF OFFICE) 2 ACCEPTING APPLICATIONS FOR TWO THREE-YEAR TERMS OF OFFICE ON THE ROANOKE CITY SCHOOL BOARD COMMENCING JULY 1, 2013 AND ENDING JUNE 30, 2016. INFORMATION PERTAINING TO THE SCHOOL BOARD PROCESS AND APPLICATION FOR APPOINTMENT ARE AVAILABLE ON THE CITY'S WEBSITE AND IN THE CITY CLERK'S OFFICE. DEADLINE FOR RECEIPT OF APPLICATIONS IS MONDAY, MARCH 11, 2013. FOR QUESTIONS AND/OR ADDITIONAL INFORMATION, PLEASE CONTACT CITY CLERK'S OFFICE AT 853-2541. THE CURRENT SCHOOL BOARD TRUSTEES ARE ANNETTE LEWIS AND SUZANNE MOORE. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. Jim Baldwin and Robert Gravely appeared before the Council. 4. CONSENT AGENDA: NONE. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Request of the Roanoke Valley Greenway Commission to update the Council on its projects and activities. Liz Belcher, Greenway Coordinator, Spokesperson. (Sponsored by the City Manager) Remarks received and filed. 3 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance and appropriation of funds in connection with the Juvenile Accountability Block Grant from the Department of Criminal Justice Services to provide training in leading treatment method for adolescent substance abuse. Adopted Resolution No. 39591-021913 and Budget Ordinance No. 39592-021913 (6-0). 2. Acceptance and appropriation of funds in connection with the Strengthening Families Initiative Grant from the Virginia Department of Social Services for use by the Department of Social Services to provide education and training sessions on parent enhancements and fatherhood initiatives, and explore other successful programs through participation in Strengthening Families Initiative - Innovators for Success Council related conferences and meetings. Adopted Resolution No. 39593-021913 and Budget Ordinance No. 39594-021913 (6-0). 3. Transfer of funds to support the Police Department Crime Analyst position until June 30, 2013 due to the termination of grant funding on February 28, 2013. Adopted Budget Ordinance No. 39595-021913 (6-0). COMMENTS BY CITY MANAGER. The City Manager shared the following comments: New Website for Parks and Recreation Roanoke Parks and Recreation recently launched a new web site: www.PLAYRoanoke.com. • The new site makes it easy to browse and register for programs, find a park with the interactive park map, reserve a facility, view an online calendar, and much more. 4 2013 Leadership College • Sponsored by the Office of Neighborhood Services. • Begins Wednesday, March 20. • Classes meet each Wednesday evening from 6:00 p.m. to 9:00 p.m. in the Municipal Building for nine weeks. • No cost to attend. • Goals: help participants learn about their local government's operations and services, and develop basic conflict resolution skills. • Registration is first-come, first-serve — register online at www.roanokeva.gov/leadershipcollege or call Bob Clement, Neighborhood Services Coordinator, at 853-5210 to ask for a registration form to be mailed to you. • Deadline to register is March 15. Next Steps for FY 2014 Budget Development • March 4 — Budget Update to City Council • April 15 — Recommended Budget presented to City Council • April 25 — Public Hearing • May 6 — Budget Study • May 13 — Budget Adoption Municipal Bond Sale • The City had a successful bond sale last week • The assessed value of our bonds says a lot about Roanoke as a city • Roanoke has strong financial management and is an excellent credit risk • The Director of Finance summarized the bond sale process and advised that the City received a great interest rate of 2.3 percent and has great standing amongst the credit rating agencies. 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for two educational programs; and a report of the Director of Finance recommending that Council concur in the request. Margaret Lindsey, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 39596-021913 (6-0). 5 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. NONE. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. Appointed William Dudley to serve as the School Board representative on the Election Task Force. AT 3:10 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 6 R'o) y ROANOKE CITY COUNCIL REGULAR SESSION FEBRUARY 19, 2013 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll 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 Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, February 21 at 7:00 p.m., and Saturday, February 23 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. A. PUBLIC HEARINGS: 1. Request of Habitat for Humanity in the Roanoke Valley, Inc., to rezone property located at 1224 Rorer Ave., S. W., from Commercial-Neighborhood District (CN) to Residential Mixed Density District (RM-2). Brian Clark, Construction Director, Spokesperson. Adopted Ordinance No. 39597-021913 (7-0). 7 2. Request of Roanoke City School Board to amend the Planned Unit Development Plan to permit enlargement of Roundhill Elementary School located at 2020 Oakland Blvd., N. W., for additional parking adjacent to the side and front of the building. Bernardo Hernandez, Director of Capital and Planned Maintenance Programs, Spokesperson. Adopted Ordinance No. 39598-021913 (7-0). 3. Proposal of the City of Roanoke to grant a permanent five foot Building Maintenance and Access Easement across City-owned property, located at 335 Campbell Avenue, S. W., for Star City Lofts, LLC to maintain, access, and repair a certain multi-story structure for use as an apartment building and construct and maintain window wells on the structure adjoining parcel located at 327 Campbell Avenue, S. W., owned by Star City Lofts. C. Cooper Youell, IV, Agent, Spokesperson. Adopted Ordinance No. 39599-021913 (7-0). 4. Request of Pheasant Ridge Apartments, LLC, to amend the Planned Unit Development Plan to permit construction of apartment units instead of condominiums previously permitted by the Mixed Use Planned Unit Development Plan (MXPUD), as set forth in Ordinance No. 37789-052107 adopted by City Council on May 21, 2007, on properties located at 4414 Pheasant Ridge Road, S. W., 4345 Griffin Road, S. W., four unaddressed lots on Griffin Road, and three unaddressed lots on Van Winkle Road,S.W. Aubrey Knox, Manager, Spokesperson. The matter was tabled until Monday, March 18, 2013 at 7:00 p.m. B. OTHER BUSINESS: 1. Continuation of the matter regarding a request of NDRA II, LLC, to rezone a portion of property located at 4412 Huff Lane, N. W., from Institutional District (IN) and Recreation and Open Space District(ROS)to Commercial- Large Site District, with conditions (CLS(c)) for hotel and restaurant uses. Sheldon R. Bower, P. E., Parker Design Group, Inc., Spokesperson. Adopted Ordinance No. 39600 on its first reading, (4-3, Council Members Lea and Price and Mayor Bowers voting no) 8 C. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. Mellissa Millner appeared before the Council. D. RECESS - 9:51 P.M. RECONVENE ON THURSDAY, FEBRUARY 28 AT 6:00 P.M.,AT THE ROANOKE COUNTY GREEN RIDGE RECREATION CENTER, 7415 WOOD HAVEN ROAD, FOR AN ECONOMIC REGIONAL SUMMIT HOSTED BY THE ROANOKE COUNTY BOARD OF SUPERVISORS, IN CONJUNCTION WITH THE ROANOKE REGIONAL PARTNERSHIIP TO DISCUSS THE ECONOMIC FUTURE FOR THE ROANOKE VALLEY AND SURROUNDING AREAS WITH CERTAIN LOCAL GOVERNING BODIES AND OFFICIALS. 9 artlj CITY OF ROANOKE us OFFICE OF THE CITY CLERK 215 Church Avenue,S.W., Suite 456 Roanoke,Virginia 24011-1536 \ ygiV` Telephone: (540)853-2541 Fax. (540)853-1145 STEPHANIE M.MOON,MMC E-mail. clerk @roanokeva gov' JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk February 22, 2013 The Reverend Bernard S. Via 5003 Shady Side Drive Roanoke, Virginia 24018 Dear Reverend Via: On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Tuesday, February 19, 2013. Sincerely, / Stephanie M. Moon, MMC City Clerk SMM:aa 40 Roil CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 19, 2013 Subject Status Report - Greenway Commission I would like to sponsor a request from Liz Belcher and Mark McClain of the Greenway Commission to present a report to City Council on Greenway Commission activities and projects. Christopher P. Morrill City Manager Distribution: Council Appointed Officers 111111PLA costar Roanoke Valley Greenways Update to Roanoke City Council February 19, 2013 Agenda • Budget Time • Benefits : Return on the Investment • Update on Roanoke River Greenway Across Valley • Bridging the Gap to Finish Roanoke River Greenway iSC 2 Budget Time • Greenway Budget: $88 , 635 • Request to Localities Unchanged : $87 , 500 • Roanoke's Portion is 45 .4% , based on population estimates from Weldon Cooper Center - $39 , 700 rig-A 3 Return on Investment This Year • Bridge the Gap - private funds $625 , 000 • RS grant matched by BtG $625 , 000 • Enhancement grant $500 , 000 • Pathfinders - Carvins Cove $ 7 , 250 • Pathfinders — Lick Run Bridge $ 1 , 600 • Pathfinders — Roanoke River $ 5 , 590 • Pathfinders — 3300+ hours $ 69 , 300 ir-tg $ 1 , 833 , 740 4 r , ' r° j� 1 Crap County i.e.. 4 �c `'.. �Tf7 0 - �` ,. tfa ' I .e.i + 1 c F �,d 9 • �f" it N. c i 1 _ O 0 .. _ JA BaNU+rl Cow" 2J : J se Atv ` , 7 , 0 t" re a 13 _ JA 6 10\\ G11'W Ronk* :� FdarO Cwu.tY ` in 1 - ,�' `....r. ti 20+ O, to 23■. 2. _ 2s r e[�, 33 r 0 r. • _ ,L..1r MpMgear.ry county Is— I 2s f� l2 PWriC•Count/ 0. 2 V Vsi. e S r in • 4W + 0 05 1 2 3 Greenway Volunteers for Roanoke \ FT s C• y Y _i"�\ , - F - V it,'-k - . T✓ ' v ■ '' .. ..‘s Y l- r —• shamL ,j- ' i9� • Greenway and Trail Amenities -1 •+�i! • } l' ROANOKE COMMEMORATIVE TREE PROGRAM icnoi of F nI i • • : A-, CO at L , . , . ... .- ,..... ....._ irie4 a Special Events - $ for BtGap • Gallop 2012 NI $ 14, 270 to BtG • First Fridays VIRGINIA -. .f ' n� ' GALLOP 4 THE GRUENWRYS e Runners, walkers raise green 4P,- a ;'4 k * `" . . . to close paths' funding gap o, _ - «;�,�±. - F e JI , CCC \i�yl l "wE Y '/ 4-1 . . J Economic Development in 2012 "Ir's lust abate being a pan QI w hat's happening.The rehabilitation of that area. the grow rh ojthe erects an the energy that's there tin WasenaI" ,. I � BIKE r ;�;' - • o► S IIE ICI V � * I / .., / AND ' 'KF+ ;; yl R At � �I �� �.W,ano,ro 0000.,. .,,.,.s o o,.,.o..,w has plans to nn+ . lair' East Coasters Bike Shop u1 ail plans to buy old museum ld tr.linp in.r14■1, Waft.. . , "'flak M +r r.. m Gf s . . a 1 ,.: Underdog Bike Shop near Vic Thomas „ : : ... ::' R., H h. I 1 R l .i I. \ the ."'"'"44%., >, F n k R no. u in 4b4'n Real Estate Investment : RiverHouse $15 M Project • Apartments c 010 • Climbing wall , -Ammisig • Wildflour restaurant • Tap house • Bella magazine t Now Open ! New Real Estate Investment: Roanoke Riverfront on Jefferson Street , t, \. 4R f c , #011010!yF•k'� F{^ X# 1 el; CEM ixE G`�J£ y� g2t � ... � y cc t>.r - Air - , Y . l ).°. COY /a _ Real Estate Investment : HITS t =- r :a 1' '.'�f4i ,,. ) z. , R 111 , . ,tom,, .� ► : ',, at • p ` ,,k- • � .t .:. , r sa y '\ ,I �." \ Nearness to greenw°ay a plus, especially on weekends b• - mit 4 -noise 1 ' *mot s- .e -4. y � • a '�-. a` ,. .. . . F ' . b t y 3 • wt 4. 3144` .� 5. ., -C �- lit ,.. s 4h p � . N•�." v�� - u. , no w .mmtisemmupmpmi Real Estate Investment : Private Residential Greenway Counter near Rivers Edge _ • 1 May 2011 13,425 May 2012 24,464 . . . Teen_ FilliallilatOR SALE . . FOR BY OWNER : " 7 idaciiiest.,1/4\ ..;" 4 BY -"' 41.S061 OWNER COMMISSION% S' %43 " A 00 7046 • . ° SHOWN By POINTMEN Economic Benefits : Free Health and Fitness , � i� g y iiir ,i " :a... • ti y _ " ii : ti *-1. 4 ! I "` Y �i a Roanoke River Greenway Construction • Roanoke - To Bridge St. 1 . 2 miles opened • Roanoke — To Tinker 1 . 2 miles opened • Salem — Colorado to Moyer 0. 3 opened • Salem — Eddy to Riverside 1 . 3 built Roanoke River Greenway - 4 miles in 2012 ! River Roanoke ,'',. ' ` Under x, "tang City of , Consooctton Roanoke '' v iii r OVin As ; , / _Lair% -wiP 0 mm ' 111111411111t1111111!,# Roanoke County Funding 1\eidded to 2.,,... Bridge thoiaap • 0 0 1/4;. t IMP MO 0 � � ao• CD wow 4 1 N fy III ` _ N ■ - N 2 _ _. ■ CD City Progress in 2012 • • Bridge St. to Memorial Ave . : 1 . 2 miles • erisnirwir, • • . • ire . •• • •t if • t. t 1/4 . • I 0,0 is; ROMIOCUMPIT 100 atemaa•-lezma— rSalaihUtlia_ Salem Progress in 2012 : Mill Lane to Eddy Avenue : 1 . 3 miles � R� ;.4:41I I s , Taprir dr ■ tr y SY \ \ # / 17 f,tCP .' !I . Bridge set. Opening - G spring 2013. . . . Salem Progress in 2012 : Colorado to Rotary Park : 0 • 3 miles /ter' ,"I��� i 001„. 001 • .1 i. r 0 �:�'..„01 �I�"oil Air IP .„A 6 Progress in Roanoke County : Green Hill Park to Mill Lane and WWTP to Parkway r Engineering and °" o . ■ Right of Way 8.h...kP ,raP. p• 1 "r qA'S y' a F d "M dj-. by. OP 1• y 000 ty4 " 39a w+! ;116' .;. �: Roanoke River Greenway East M Roanoke City Line to Blue Ridge Parkway v: DIU. ids Lane ow `S: I•.... ^ r✓ ^ • r.} •• ' q Roanoke River Greenway .-Roanoke River Greenway . ' Giuguide Lane to Mill Lane in Green 111 Park Coming in 2013 City: Roanoke River — PE/ROW for Bridge St to Salem City: Roanoke River — Parking Lot at Bridge St. City: Lick Run at Countryside City: Rattlin' Run at the Cove Roanoke River Salem — Open Eddy to Mill Lane Roanoke River — PE for Rotary to City & for east and west ends Mason Creek Greenway in Salem Hanging Rock Bridge in County Spring Grove crosswalk on Wolf Creek Glade Creek PE, Walnut to Dale Ave. Catawba Greenway Back Creek ROW Bridge the Gap Campaign ;V�\, i �� , Hang n9 0 �,t .._-_-_--� / ' City of N%' City of �. � oanoke1 V Smut } \w.:, ickin�, `i''r `:Wolf z t Creek � Green Hill t J _ V- ^rrw, '4` Po Creek Par x Wrier x V'''' w9 Munay �" /t ea r / . �� `� -�., zzo H Mill 1S° `p, � f � Mountain /� h" Roanoke County fmu r� / �-Ridge' Jy Explore Park I Need : $7M To date : $4. 1 M Bridge the Gap Section in Roanoke • IT st d•• ■ ifr- @ L i Progress on Bridge the Gap BRIDGING THE GAP • Goal : $ 7 million Protect Sponsors GOAL $7,000,000 • To date : $ 4 . 1 million • Need : $ 2 . 9 million $3.648,524 WI r Help us complete the Roanoke River Greenway Bridge the Gap : $7 M , 4. 1 miles • Local Govt $ 814 , 000 m • Enhancement Grants $ 1 , 188 , 000 >_ 74% • Revenue Sharing $ 900, 000 • Other Govt Grants $ 133 , 825 • Foundations $ 541 , 570 • Corporations $ 275, 040 26% • Civic Groups $ 92 , 310 • Individuals, trusts $ 155, 540 lir TOTAL $4, 100, 285 Strategy Match all local money with grants : Revenue Sharing (50/50) , TAP (80/20) , RSTP. • To finish we need : $ 2 . 9 million • Expected from grants filed $ 1 , 000 , 000 • Future grant requests $ 950 , 000 • CIP & Private funds needed $ 950 , 000 ir as match Greenways = Quality of Life in Our Valley ` . .s. , .. ✓ >; 4 , -A is r' _' ,7 °-•� �� ' ° al it M n Y d i r ill .. .: t . H. a : tt`+ pit 1Apo TVn � w4 Thanks for Doing Your Part to Make Greenways a Reality ! k+ - Y4 -I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of February, 2013. No. 39591-021913. A RESOLUTION authorizing acceptance of a Juvenile Accountability Block Grant from the Virginia Department of Criminal Justice Services on behalf of the City,authorizing the City to serve as the fiscal agent for distribution of the grant proceeds,and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Juvenile Accountability Block Grant from the Virginia Department of Criminal Justice Services, in the amount of$25,265,with a local match of$2,807,for a total award of$28,072, such local match to be provided by Carilion Clinic. The purpose of this grant is to bring to Roanoke training in the country's leading treatment method for adolescent substance abuse,as set forth in the City Council Agenda Report dated February 19, 2013. 2. The City of Roanoke is hereby authorized to be the fiscal agent for distribution of the grant proceeds. 3. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these grant funds,and to furnish such additional information as may be required in connection with the City's acceptance of these grant funds. All documents shall be approved as to form by the City Attorney. ATTEST: rTtA) City Clerk R-Juvenile Accountability Block Granr2-19-2013 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of February, 2013. No. 39592-021913. AN ORDINANCE to appropriate local match funding and funding from the Commonwealth of Virginia Department of Criminal Justice Services for the Juvenile Accountability Block Grant Adolescent Community Reinforcement Approach with Assertive Continuing Care (ACRA-ACC) Program, amending and reordaining certain sections of the 2012-2013 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 2012-2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees For Professional Services 35-630-5108-2010 $ 28,072 Revenues JABG ACRA-ACC CY13 - State 35-630-5108-5108 25,265 JABG ACRA-ACC CY13 - Local 35-630-5108-5109 2,807 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. pATTTESST: City Clerks sas t )-r CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 19, 2013 Subject: Juvenile Accountability Block Grant Funding Background: The Department of Criminal Justice Services has notified the City of Roanoke of an allocation of funds under the Juvenile Accountability Block Grant Program (JABG). The allocation is for $25,265 in federal funds and requires $2,807 in local matching funds for a total award of $28,072. Carilion Clinic is providing the matching funding of $2,807 as a cash match for the project, using a Foundation for Roanoke Valley grant. The City of Roanoke will serve as the fiscal agent for the grant award. The project is entitled: Roanoke's Adolescent Community Reinforcement Approach with Assertive Continuing Care (ACRA-ACC) Project. This grant will make it possible to bring to Roanoke training in the country's leading treatment method for adolescent substance abuse. The JABG Advisory Committee has met and developed a plan identifying Juvenile Justice priorities in the City of Roanoke, a plan that has been reviewed by Judge Joseph M. Clark, Chief Judge. Consistent with the identification of youth substance abuse as a serious community concern, Carilion Clinic's Department of Psychiatry staff worked with City of Roanoke staff members in submitting a JABG proposal for January 1 , 2013 - November 30, 2013. Recommended Actions: Authorize the City Manager to accept the $25,265 JABG grant, and authorize the City to serve as fiscal agent for distribution of the grant proceeds and to execute the grant agreement and other documents from the Department of Criminal Justice Services as may be necessary to accept such funds; all such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $28,072 (for the federal funding and local match to be provided by entities other than Roanoke) and to appropriate funding in the same amount to an .•n/itu e account to be established in the Grant Fund by the Director of Finance. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Jane Conlin, Director of Human/Social Service • COMMONWEALTH of VIRGINIA • Department of Criminal Justice Services 10 BAnk Street Gantt L.Wheeler Richmond.Virginia 23219 Director (804)186-6630 December 19,2012 TDD(804)388-8732 Mr.Christopher P.Morrill City Manager City of Roanoke 215 Church Avenue, SW Roanoke,VA 24011 • Title: Juvenile Accountability Block Grant(JABG): ACRA-ACC Project • Dear Mr. Morrill: I am pleased to advise you that grant number 13-A2719JB10 for the above-referenced grant application has been approved for an amount of$25,265 in Federal Funds and$2,807 in Matching Funds , for a total award of$28,072. Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions. To indicate your acceptance of the award and conditions,please sign the award acceptance and return it to Janice Waddy, Grants Administrator,at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully,as some may require action on your part before we will disburse grant funds. These grant funds will be disbursed to you quarterly on a reimbursement basis only. When we receive documentation showing that you have complied with the conditions,you will be eligible to request funds awarded under this grant. Remember all financial and progress reports,budget amendment requests,and request for funds are processed through our on-line Grants Management • Information System (GMIS). However,we cannot process your request until we have received and approved all required information. Also, enclosed are the Post Award Instructions and Reporting Requirements. We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success. If you have any questions, please call Lloyd Young at(804)786- 3967. Sincerely, • A7g• •• Garth L.Wheeler Enclosure cc: Ms.Carol Tuning,Human Services Coord. • Mr. Ann Shawver,Director of Finance • Mr. Lloyd Young, DCJS Monitor • Criminal Justice Service Board•Committee on Training•Advisory Committee on Juvenile Justice Advisory Committee to Court Appointed Special Advocate and Children's Justice Act Programs Private Security Services Advisory Board•Criminal Justice Information Systems Committee www.dcievirginia.gov Department of Criminal Justice Services 1100 Bank Street, 12th Flour,Rklmaod,VA 23219 Statement of Grant Award/Acceptance • Subgrantee: Roanoke City Date: December 19,2012 Grant Period: Grant Number: From: 01/01/2013 Through: 12/31/2013 13-A2719JB10 Project Director Project Administrator Finance Officer Ms.Carol Timing Mr.Christopher P.Morrill Ms.Ann Shawver Human Services Coordinator City Manager Director of Finance City of Roanoke City of Roanoke City of Roanoke 339 Salem Avenue,SW 115 Church Avenue,SW 215 Church Avenue,SW,Rm 461 Roanoke,VA 24016 Roanoke,VA 24011 Roanoke,VA 24011 Phone: (540)853-1721 Phone; (540)853-2333 Phone: (540)853-2821 Email: carol tuning(aJroanokeva.gov Email: chris.monill@roanokcvagov Email: Ann.ShawverQroanokeva.gov Grant Award Budget DCJS Funds Budget Categories Federal General Special Local TOTALS Travel S0 $0 $0 SO $0 Supplies/Other SO SO SO $0 $0 Personnel $0 $0 $0 $0 $0 Indirect Cost SO SO $0 $0 SO Equipment $0 $0 SO SO $0 Consultant S0 $0 S0 SO SO Totals $25,265 SO $0 $2,807 $28,072 This grant is subject to all rules,regulations,and criteria included in the grant guidelines and the special conditions attached thereto. / Garth L.Wheeler,Director The undersigned,having received the Statement of Grant Award/Acceptance and the Conditions attached thereto,does hereby accept this grant and agree to the conditions pertaining thereto,this day of ,20 . Signature: ' Title: • STATEMENT OF GRANT AWARD SPECIAL CONDITIONS Department of Criminal Justice Services 1100 Bank Street, 12'"Floor Richmond,Virginia 23219 Juvenile Accountability Block Grant Subgrantee: Roanoke,City of Grant Number: 13-A2719JB10 Federal Catalog Number: 16.523 Title: Juvenile Accountability Block Grant Date: December 19,2012 The following conditions are attached to and made part of this grant award: I. By signing the Statement of Grant Award/Acceptance, the grantee agrees to comply with all terms, conditions,certifications and assurances that are attached to and made part of this grant award. 2. The Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements (2 pages) can be downloaded from the DCJS website at: http://www.dcis.virginia.eov/forms/erants'usdoj.doc. 3. The General Grant Conditions and Assurances, Attachment A (5 pages) can be downloaded at htto://www.dcis.virginia.gov/fomts/grants/attachmentA.doc. 4. Prior to obligating and requesting funds, the grantee agrees to submit to DCJS the following • • • documentation: a) Itemized Budget — This form and its instructions can be downloaded at: http:/fwww.dcis.vireinia.eov/forms/under Grants Administration— General Grant Applications and Reporting. b) Budget Narrative — The Budget Narrative must itemize and justify all proposed expenditures for the requested funding amount. All budget categories on the Itemized Budget form should be addressed and an explanation provided on how all costs were derived. Demonstrate how the expenditure(s)relate to the program and that it is both necessary and reasonable. Provide the total cost for each budget item. Please round to the nearest whole dollar. c) Roster of the Local Advisory Board—The grantee agrees to establish and convene a local Advisory Board to recommend a coordinated enforcement plan for how they will use the JABG funds. The Advisory Board must include representation from: I) local police department, 2) local sheriff's department, 3) local prosecutor's office (Commonwealth's Attorney), 4) local court services unit (probation office), 5) local juvenile court, 6) schools (local educational agency), and 7) a local business. In addition,ONE of the following must be represented on the Advisory Board:a religious- affiliated organization, fraternal organization, nonprofit organization, or social service organization involved in crime prevention. Additional representation may be added as deemed appropriate by the locality. The roster should include the name and title of each member,mailing address,area code and telephone number, and an email address. Units of local government may add additional representation as appropriate. Units of local government may utilize members of prevention policy boards established pursuant to Section 505(b)(4) of Title V of the ADP Act to meet the advisory board requirement,provided that each such coalition meets the membership requirements listed in this section. http://www.dcis virginia.eov/formstj uveni I e/J ABC LocalAdv isorvBoardMembershio.doc d) Letter of Communication Seeking Advice from the Chief Judge of the Local Court— Sample Letter. In the development of their application, units of local government are required to consider the needs of the judicial branch in strengthening the juvenile justice system and specifically seek the advice of the chief of the local court,regarding the content of the application.See 42 U.S.C: • 3796ee-20. Applicants should certify that they have communicated in writing with the judicial branch and should submit a letter with their application. Applicants should provide a narrative describing how their locality took into consideration the needs of the judicial branch in strengthening the juvenile justice system. htto://www.dcis.virginia.gov/formsluvenile/0912-Juv- JABGSamoleletter.doc e) Scheduled Audit. The grantee agrees to forward a copy of the scheduled audit of this grant award;Please forward to DCJS—Attention:FINANCE 0 Pooled Funds. If applicable, a cooperative agreement signed by the city manager or county administrator from all localities wishing to pool their JABG funds together should be submitted to DOS. DOS will not reimburse grant funds until all the required documentation outlined above is received. Please refer to the accompanying checklist to ensure all required documentation is submitted. 5) The grantee agrees to provide to the DCJS a copy of any policies and programs that are in effect or have been implemented that provide for a system of graduated sanctions. Graduated Sanctions is a system that has as a minimum of the following: I)Sanctions that are imposed on ajuvenile offender for each delinquent offense; 2) Sanctions that escalate in intensity with subsequent, more serious delinquent offense; 3) Sufficient flexibility to allow for individualized sanctions and services suited to the individual juvenile offender; and 4) Appropriate consideration to public safety and victims of crime. The term sanction means tangible, proportional consequences that hold the juvenile offender accountable for the offense committed. A sanction may include counseling, restitution, community service, a fine, supervised probation, or confinement. For grantees that do not currently have policies and programs in effect and have not implemented a system of . graduated sanctions, a letter of assurance as to the steps that will be taken over the next year to develop such policies and implement such a system of graduated sanctions as described above should be provided. 6) THE GRANTEE AGREES THAT NOT MORE THAN(5%) OF FUNDS RECEIVED ARE USED TO PAY FOR ADMINISTRATIVE COSTS. 7) Federal funds may not exceed 90% of total program costs, including any funds that the grantee sets aside for program administration. 8) If a grantee uses funds under Program Purpose Area 62 to construct a permanent juvenile detention or juvenile corrections facility, the grantee must provide at least 50%percent of the total cost of the project. The 50% match applies only to construction costs for a permanent juvenile detention or juvenile corrections facility. Construction of any other allowed facility or other provisions of Program Purpose Area 92 have the same match requirement as all other program purpose areas. There is a 10% cash match requirement for all other program purpose areas. Federal funds and match requirements do not change the Virginia Department of Juvenile Justice's requirements for construction reimbursement. 9) Opportunity for Faith-Based and Other Community Organizations to Access JABG Funds by Partnering With Their Respective Units of Local Government The Omnibus Crime Control and Safe Streets Act of 19.68 stipulates that state grantees make subgrant awards to state agencies and qualified units of local government. See 42 U.S.C.3796ee-3(b). Therefore, faith-based and other community organizations are statutorily ineligible to apply directly to OJJDP or the state agency that administers the JABG program for funding under the JABG program. However, Section 1806 of the Omnibus Crime Control and Safe Streets Act of 1968 allows states and units of local government to contract with private, non-profit entities or community-based organizations to implement appropriate JABG purpose areas. State grantees must ensure that their units of local government subgrantees consider faith-based and other community organizations for contracts as JABG implementing agencies on the same basis as other eligible applicants. If they enter into contracts with faith-based groups, units of local government subgrantees in their administration of such contracts must treat faith-based groups'on an equal basis with all other contractors. Units of local government subgrantees shall not favor nor discriminate against any eligible implementing agency based on its religious character or affiliation,religious name, or the religious composition of its board of directors or persons working in the organization. Faith-based organizations receiving DO) assistance funds passed through states and then through units of local government retain their independence and do not lose or have to modify their religious identity(e.g.,removing religious symbols)to receive assistance awards. Faith-based groups,however,may not use D01 grant funds for any inherently religious activity, such as prayer or worship. Inherently religious activity is permissible, although it cannot occur during an activity funded with DOJ grant funds;rather,such religious activity must,be separate in time or place from the DOJ-funded program. Further, participation in such activity by individpals receiving services must be voluntary. Programs that DOJ funds may not discriminate in the provision of services based on a beneficiary's religion. If the applicant is a faith-based organization that makes hiring decisions on the basis of religious belief,it may be entitled,under the Religious Freedom Restoration Act,42 U.S.C. §2000bb,to receive federal funds and yet maintain that hiring practice,even if the law creating the funding program contains a general ban on religious discrimination in employment. For the circumstances under which this may occur, and the certifications that may be required, visit the Civil Rights Compliance link, lAx//www.airrusdoreov/fundinc/other requirements.htm. 10) The grantee agrees to submit such reports as requested by DOS on forms provided by DOS, or through the Grants Management Information System (GMIS). Funds from this grant will not be reimbursed, if any required financial or progress report is overdue by more than 30 days unless good cause is submitted for missing the reporting deadline. a) Federal performance indicator reporting is required as part of the DOS reporting. Data should be reported using the matrixes provided by the Office of Juvenile Justice and Delinquency Prevention (OJJDP),which can be downloaded at: htto://www.oildp-dctarorg II) DOS prefers that grant funds are disbursed quarterly. Grant and local match funds are expended and/or - obligated during the grant period. The final request for funds must be submitted by the I P"working day after • the end of the grant period. All legal obligations must be liquidated no later than 90 days after the end of the grant period.The grant recipient agrees to submit to the DOS a final grant financial report,and return all unexpended grant funds that were received within 90-days after the end of the grant. 12) By accepting this grant,the recipient assures that funds made available through it will not be used to supplant state or local funds that would,in the absence of this grant,be made available for the same purposes. 13) Budget Amendment Requests must be submitted through GMIS by the Project Director, Program Administrator, or Finance Officer, and must be accompanied by the Budget Amendment Form. This Budget Amendment form will serve as the narrative that should be uploaded to GMIS when submitting the request. No more than two such amendments will be permitted during the grant period. The deadline for all budget amendments to be submitted will be 45 days prior to the end of the grant year. 14) Acceptance of this grant award by a local government applicant constitutes its agreement that it assumes full responsibility for the management of all aspects of the grant and the activities funded by the grant, including. assuring proper fiscal management of and accounting for grant funds; assuring that personnel paid with grant funds are hired, supervised and evaluated in accord with the local government's established employment and personnel policies; and assuring that all terms, conditions and assurances—those submitted with the grant application,and those issued with this award—are complied with. 15) Any delegation of responsibility for carrying out grant-funded activities to an office or department not a part of the local government must be pursuant to a written memorandum of understanding by which the implementipg office or department agrees to comply with all applicable grant terms, conditions and assurances. Any such delegation notwithstanding, the applicant acknowledges by its acceptance of the award its ultimate responsibility for compliance with all terms,conditions and assurances of the grant award. 16) The grantee agrees to comply with the Virginia Public Procurement Act (§ 2.2-4301 et seq). Procurement transactions, whether negotiated or advertised and without regard to dollar value, shall he conducted in a manner so as to provide maximum open and free competition. An exemption to this regulation requires the prior approval of the DCJS and is only given in unusual circumstances. Any request for exemption must be submitted in writing to the DCJ S. Permission to make sole source procurements must be obtained from DCJS in advance. 17) The grantee may follow their own established travel rates if they have an established travel policy. If a grantee does not have an established policy, then they must adhere to state travel policy. The state allows reimbursement for actual reasonable expenses. For future reference please refer to the following IRS website for the most current mileage rate: hnp://www.irs.gov/formspubs/article/0„id°178004,00-htntl.Transportation costs for air and rail must be at coach rates. 18) Project Income - Any funds generated as a direct result of DCJS grant funded projects are deemed project income. Project income must be reported on the Subgrani Financial Report for Project Income form provided by DOS. This form is on the DCJS website under Forms and Applications—Grants Administration which can be downloaded at: ://www.dcis.virainia.gov/forms/. Examples of project income might include service fees, client fees; usage or rental fees; sales of materials; or income received from sale of seized and forfeited assets(cash,personal or real property included). 19) The grantee agrees to comply with all federal and state confidentiality requirements. All grantees receiving funds to conduct research or statistical activities that involve collecting data identifiable to a private person should submit a Privacy Certificate, when required, in accordance with the requirements of 28 CFR Part 22. Please refer to the following OJJDP link for more about this special condition: htto://ojj done irs.or2/fundine/privacv.adf. 20) The grantee agrees to comply with the requirements of 28 CFR Part 46—Protection of Human Subjects,which can be downloaded at: hjp://www.access.gpo.govinara/cf/waisidx 04/28cfr46 04.hunl. 21)The recipient agrees to assist O➢DP in complying with the National Environmental Policy Act (NEPA), and other related federal environmental impact analyses requirements in the use of these grant funds. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. Recipient understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the recipient, subrecipient, or any third party and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met. The activities covered by this special condition are: a) New construction; b) Minor renovation or remodeling of a property either(1)listed on or eligible for listing on the National Register of Historic Places or(ii)located within a 100-year flood plain; c) A renovation, lease, or any other proposed use of a building or facility that will either(i) result in a change in its basic prior use or(ii)significantly change its size;and d) Implementation of a new program involving the use of chemicals other than chemicals that are (i) purchased as an incidental component of a funded activity and(ii)traditionally used,for example, in office,household,recreational, or education environments. 22) Prior to DCJS disbursing funds,the recipient must comply with the following special conditions: • a) Delete the following for your record: in Consultants; Organizations and Associations, Fee for Program Coordinator of$6,000, Fee for Counseling Supervisor of$4,000, and Fee for Social Work Supervisor of$3,500. b) Submit an itemized budget and budget narrative to equal the award. 4 k 'd COMMONWEALTH of VIRGINIA Department of Criminal Justice Services 1100 Bank Street Garth L..Wheeler Richmond.Virginia 23219 Director (804)786>000 NOTICE TDD(804)386-8732 To: Grants Project Administrator • From: Janice Waddy, DCJS Grants Administrator Re: Post Award Instructions and Reporting Requirements PLEASE READ VERY CAREFULLY. ❑ GRANT AWARD AND SPECIAL CONDITIONS: Please review your Award and Special Conditions very carefully. Pay attention to the last Special Condition listed. This Special Condition may require additional documentation from you before grant funds can be released Sign and date the grant award acceptance and submit any Special Condition documentation to: • Grants Administration Department of Criminal Justice Services 1100 Bank Street, 12th Floor Richmond, Virginia 23219 ❑ REPORTING REQUIREMENTS By accepting the accompanying grant award, you are agreeing to submit on-line quarterly progress and financial reports for this grant throughout the grant period, as well as final reports to close the grant. No eligible current recipient of funding will be considered for continuation funding if, as of the continuation application due date, any of the required Financial and Progress reports for the current grant are more than thirty (30) days overdue. For good cause, submitted in writing by the grant recipient, DOS may waive this provision. Financial reports and progress reports are due no later than the close of business on the 12th i... working day after the end of the quarter (*except Virginia Prisoner Reentry Program (formerly pspis) reports which are due by the last working day of the end of the following month). Reports are required even if no expenditures have occurred during the quarter. Requests for Funds will not be honored from grant recipients who do not fulfill this reporting obligation. A schedule of due dates is also attached for your reference. Criminal Justice Service Board•Committee on Training-Advisory Committee on Juvenile Justice Advisory Committee to Court Appointed Special Advocate and Children's Justice Act Programs Private Security Services Advisory Board•Criminal Justice In formation Systems Comm'aee wwwdcjs virginia.gov ❑ PROGRESS REPORTS Refer to our website: ham://www.dcis.virginia.gov/for submitting progress reports through the Grants Management Online Information System. In order to use this web-based system, if you have not previously done so, you must obtain a user name and password set up by DCJS Grants Administration. You are required to use the on-line system to submit your progress reports. Paper copies of progress reports will no longer be accepted! ❑ FINANCIAL REPORTS Refer to our website for submitting financial reports through the Grants Management Online Information System. In order to use this web-based system, if you have not previously done so,you must obtain a user name and password set up by DCJS Grants Administration. The address is http://www.dcis.virainia.gov/g rantsAdministration/¢mis/index.cfm?menuLevel=4. Paper copies of the financial reports will no longer be accepted! You are required to use the online system in reporting your expenditures. ❑ REQUESTING GRANT FUNDS Refer to our website for requesting funds through the Grants Management Online Information System. In order to use this web-based system, if you have not previously done so, you must obtain a user name and password set up by DOS Grants Administration. *Please note,you can access this system using the same password assigned for the on-line • reporting system. The address is: http://www.dcis.virginia.gov/grantsAdministratio ni amis/index.cfm?menuLevel=4. You are required to use the online system for requesting funds. ❑ BUDGET AMENDMENTS Budgets can be amended in most DCJS grant programs with prior approval. Please review • your special conditions carefully to determine the requirements and procedures for amending budgets. Refer to our website for the Grants Management Online Information System. *Please note again that you can access this system using the same password assigned for the on-line financial reporting system. The address is: http://www.dcis.virginia.gov/grantsAdministration/gmis/index.cfm?menuLevel=4. Paper copies of the Budget Amendments will no longer be accepted. You are required to use the on-line system for submitting budget amendments. If you have any questions,please contact Virginia Sneed (804) 786-5491 or by e-mail at virginia.sneed@dejs.virginia.gov. genpgms. PROJECTED DUE DATES FINANCIAL& PROGRESS REPORTS Reports are due by the 12th working day following the close of the quarter covered in the report. Financial reports are required even if no expenditures have occurred. QUARTER ENDING DUE DATE 9/30/2012 10/17/2012 12/31/2012 1/17/2013 3/31/2013 4/16/2013 6/30/2013 7/17/2013 9/30/2013 10/17/2013 12/31/2013 1/16/2014 M/ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA ��!l.. The 19th day of February. 2013. No. 39593-021913. A RESOLUTION authorizing acceptance of the Strengthening Families Initiative- Innovators for Success Council Grant to the City from the Commonwealth of Virginia, Department of Social Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the Strengthening Families Initiative- Innovators for Success Council Grant to the City in the amount of$20,000, with no local match from the City, from the Commonwealth of Virginia, Department of Social Services, to be used by the City of Roanoke Department of Social Services to provide education and training sessions on parent enhancement and fatherhood initiatives, and explore other successful programs by participating in Strengthening Families' related conferences and meetings, as more particularly described in the City Council Agenda Report dated February 19,2013. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents necessary to accept the grant, in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: City Clerk R-Strengthening Families Initiative gant.2-19-2013 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of February, 2013. No. 39594-021913. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia, for the Strengthening Families Grant, amending and reordaining certain sections of the 2012- 2013 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 2012-2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Training and Development 35-640-5200-2044 $ 4,000 Printing 35-640-5200-2075 1,000 Purchased Services 35-640-5200-3160 15,000 Revenues Strengthening Families - State 35-630-5200-5200 20,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. i Ro � ;' CITY COUNCIL AGENDA REPORT ■. r",...4; To: Honorable Mayor and Members of City Council Meeting: February 19, 2013 Subject: Strengthening Families Initiative Grant Background: The City of Roanoke Department of Social Services is currently participating in the Virginia Department of Social Services' Strengthening Families Initiative - Innovators for Success Council. The Council is a select cohort of 23 local departments of social services chosen to seek creative ways to reduce poverty and improve the well-being of mothers, fathers and children by reducing non-marital births, connecting and reconnecting fathers with their children and encouraging the formation and maintenance of safe, stable, intact, two-parent families. The local departments participating in the Council each received a $20,000 state grant to explore barriers to strengthening families, share best and promising practices, pilot creative strategies, and galvanize interest for the Strengthening Families Initiative. The City of Roanoke Department of Social Services proposes to use this funding to provide education and training sessions on parent enhancement and fatherhood initiatives, and explore other successful programs by participating in Strengthening Families' related conferences and meetings. Considerations: This is a one-time only, time limited grant that must be spent by the end of calendar year 2013 and there is no local match. The Social Services Department will include a request for funding of any future Strengthening Families Initiatives programs that are identified as needed on an ongoing basis in its annual Promoting Safe and Stable Families application to the Commonwealth. Recommendations: Accept the Strengthening Families Initiative Grant in the amount of $20,000. Adopt the accompanying budget ordinance establishing a revenue estimate and appropriating funding in a Grant Fund account to be established by the Director of Finance. i Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human/Social Services 7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of February, 2013. No. 39595-021913. AN ORDINANCE to appropriate funding for the extension of the position of Police Crime Analyst through the end of Fiscal 2013, amending and reordaining certain sections of the 2012-2013 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 2012-2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salary 35-640-3399-1002 $ 10,520 City Retirement 35-640-3399-1105 1,642 FICA 35-640-3399-1120 805 Medical Insurance 35-640-3399-1125 1,764 Dental Insurance 35-640-3399-1126 110 Life Insurance 35-640-3399-1130 125 Disability Insurance 35-640-3399-1131 34 Revenues Crime Analyst Extension FY13 - Local 35-640-3399-3399 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. �AT�T_E_SnT: ^ 4.s�„ lima ' 1 ,v'_ City Clerk. (1s �is ) L CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 19, 2013 Subject: Crime Analyst Extension Background: The City of Roanoke and the Roanoke Police Department were recipients of grant funding from the American Recovery and Reinvestment Act (ARRA) of 2009. The Roanoke Police Department as part of its American Recovery and Reinvestment Act grant award received $150,000 in federal funding to support the salary and benefits of a crime analyst position. No local match funding is required for the crime analyst position. American Recovery and Reinvestment Act grant funding for the crime analyst ends on February 28, 2013. The Roanoke Police Department has requested that this position be made permanent as part of its proposed 2014 budget. However no funding has been allocated to support the crime analyst position in the interim between March 1 , 2013 and June 30, 2013. The crime analyst is a significant force multiplier for the Roanoke Police Department and plays an invaluable role in the successful execution of the Police Department's geo- temporal policing strategy. The crime analyst is an essential employee who analyzes crime trend data to map crime data and forecast patterns of criminal activity. The information the crime analyst provides to the Police Department administration allows the Roanoke Police Department to deploy its resources to achieve the most efficient and effective outcomes. The amount of $15,000 has been reserved in a local match funding for grants account (35-300-9700-5415) in the event that no additional grant funding or alternative funding sources could be located to support the crime analyst position. Recommended Action: Adopt the accompanying budget ordinance to transfer funding in the amount of $15,000 from account 35-300-9700-5415 for crime analyst salary and benefits to an account to .e designated by the Director of Finance. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police Amelia C. Merchant, Director of Management and Budget A.. CITY OF ROANOKE rpS OFFICE OF THE CITY CLERK .,, _ 215 Church Avenue,S.W., Suite 456 " ,' +f Roanoke,Virginia 24011-1536 q Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: elerk@roanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBS Assistant Deputy City Clerk February 20, 2013 Cindy H. Poulton, Clerk Roanoke City School Board Roanoke, Virginia Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 39596-021913 to appropriate funding from the Federal and Commonwealth governments for various educational programs, amending and reordaining certain sections of the 2012 - 2013 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 19, 2013, and is in full force and effect upon its passage. Sincerely, m. Stephanie M. Moon, M City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Amelia Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA 111 ���222°O° The 19th day of February, 2013. No. 39596-021913, AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments for various educational programs, amending and reordaining certain sections of the 2012-2013 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 2012-2013 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teacher Stipends-Patrick Henry 302-110-0000-0390-322G-61100-41129-3-10 $ 7500 Teacher Stipends-William Fleming 302-110-0000-0400-322G-61100-41129.3-10 7500 Teacher Stipends-Forest Park 302-110-0000-1304-322G-61100-41129310 7.500 Academy Coordinator 302-160-0000-1304-101G-61100-41124-9-07 9,614 Teachers 302-160-0000-1304-101G-61100-41121-9-07 735 Revenues State Grant Receipts 302-000-0000-0000-3220-00000-32415-0-00 22,500 Federal Grant Receipts 302-000-0000-0000-101G-00000-38002-0-00 10,349 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. TIES • rk. City Clerk. iii W ROANOKE CITY PUBLIC SCHOOLS School Board February 19, 2013 David B. Corson Chairman/ The Honorable David Bowers, Mayor and Members of Roanoke City Council Todd A. Putney Vice Chairman Roanoke, VA 24011 Mae G. Huff Dear Members of Council: Annette Lewis Suzanne P. Moore As a result of official School Board action on Tuesday, February 12, 2013, Lori E. Vaught the Board respectfully requests City Council approve the following Dick Willis appropriation requests: Dr. Rita D. Bishop Superintendent New Appropriation Total New Award Cindy H. Poulton Project Graduation 2012-13 $22,500 Clerk of the Board Revised Appropriation Additional Award Adult Basic Education 2012-13 $10,349 The School Board thanks you for your approval of the appropriation requests as submitted. Sincerely, Cindy H. Poulton, Clerk pc: Dan Callaghan Rita D. Bishop Chris Morrill Curt Baker Ann Shawver Margaret Lindsey David B. Carson Acquenatta Harris (w/details) p: 540-853-2381 f:540-853-2951 P.O.Box 13145 Roanoke,VA 24031 www.rcps.info iu•'tt t A 1 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 19, 2013 Subject: School Board Appropriation Request Background: As the result of official School Board action at its February 12th meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Project Graduation Academic Year Academy 2012-13 grant of$22,500 will be used to provide funds for remedial high school instruction for seniors needing verified credits to graduate and for sophomores and juniors who passed a class but failed the associated SOL exam. The program will be reimbursed by state funds and will end May 15, 2013. This is a continuing program. The Adult Basic Education 2012-13 program grant award of$10,349 provides funds for the education of adults who have not completed high school.The program will be reimbursed by federal funds. The program will end September 30, 2013.This is a continuing program. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. e AA■1aWVER Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Curtis Baker, Deputy Superintendent for Operations, RCPS CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 ' . Roanoke,Virginia 24011-1536 ,ms. Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk®roanokeva.gov JONATHAN E.CRAFT City Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk February 20, 2013 William Dudley, Roanoke City School Board representative 1133 Highland Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. Dudley: At the regular meeting of the Council held on Tuesday, February 19, 2013, you were appointed to a task force to study the current alignment of the City's voting precincts, consider the current proposal for realignment of the City's voting precincts submitted by the City of Roanoke Electoral Board, and make a recommendation to City Council as to whether the voting precincts may be realigned or consolidated to make voting more efficient and convenient to maximize voter participation. Pursuant to Section 22-3702, 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 appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Election Task Force. Sincerely, MMC Stephanie M. Moon, MMC City Clerk Enclosure pc: JoAnn Edmunds, Democratic Committee representative Delvis "Mac" McCadden, SCLC representative Herbert R. Moore, Republican Committee representative Braxton G. Naff, Roanoke Neighborhood Advocates representative William Dudley February 20, 2013 Page 2 pc: William "Rob" Roberts, Blue Ridge Independent Living Center representative Jane M. Smith, Roanoke Electoral Board Officer of Elections Charles G. Steele, III, Roanoke Electoral Board Officer of Elections Keith Wheaton, NAACP representative Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney, w/applications Laverne G. Shepherd, City Registrar Melvin Williams, Chairman, Roanoke City Electoral Board COMMITTEE VACANCIES/REAPPOINTMENTS February 19, 2013 VACANCIES: Expiration of the three-year terms of office of Valerie N. Hale, Demond Hammond, Marc K. Davis and Anthony M. Reed as members of the Fair Housing Board ending March 31, 2013. Expiration of the three-year terms of office of Pete Eshelman, William Modica, Sonya Echols and Steve Stinson as members of the Parks and Recreation Advisory Board ending March 31, 2013. Expiration of the three-year terms of office of Annette Lewis and Suzanne Moore as School Board Trustees ending June 30, 2013. CITY OF ROANOKE at ir4 OFFICE OF THE CITY CLERK -V ,�— 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk February 20, 2013 Brian Clark, Construction Manager Habitat for Humanity 403 Salem Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Clark: I am enclosing copy of Ordinance No. 39597-021913 rezoning property located at 1224 Rorer Avenue, S. W., from Commercial-Neighborhood District (CN) to Residential Mixed Density District (RM-2), as set forth in the Zoning Application No. 1 dated October 26, 2012. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 19, 2013; and is in full force and effect upon its passage. Sincerely, tr-a9(wA-L.rn• 0 Stephanie M. Moon, MC City Clerk Enclosure pc: Blanton Properties, LLC, 1229 Rorer Avenue, S. W., Roanoke, Virginia 24016 Blanton Properties, LLC, 1223 Rorer Avenue, S. W., Roanoke, Virginia 24016 Lawrence D. Baxter, 1219 Rorer Avenue, S. W., Roanoke, Virginia 24016 Wells Fargo , Attn: Larry Baker, OBA Enterprises, LLC, 215 9th Street D1150- 010, North Wilkesboro, North Carolina 28659 Lily, 310 13th Street, S .W., Roanoke, Virginia 24016 Mr. Brian Clark, Construction Manager Habitat for Humanity February 20, 2013 Page 2 pc: James Wilder Hancock, II, 5901 Southwest Karla Court, Portland, Oregon 97239 Jeanette Hancock, 1710 Pebble Brook Drive, Austin, Texas 78752 123 LLC Trust of, 312 13th Street, S. W. Land Trust, 3735 Franklin Street#117 Roanoke, Virginia 24014 West End Center, Inc., P.O. Box 4562, Roanoke, Virginia 24015 Jimmy Cook, Hurt Park Neighborhood Alliance, 1737 Salem Avenue, S. W., Roanoke, Virginia 24017 Peggy Parker, 110 13th Street, S. W., Roanoke, Virginia 24016 Christine Williams, 1907 Salem Avenue, S. W., Roanoke, Virginia 24016 Jim Crawford, 822 13th Street, S. W., Roanoke, Virginia 24016 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Rebecca Cockram, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of February, 2013. No. 39597-021913. AN ORDINANCE to amend § 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, Habitat for Humanity in the Roanoke Valley, Inc., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 1224 Rorer Avenue, S.W., bearing Official Tax No.1212803, rezoned from Commercial-Neighborhood District (CN) to Residential Mixed Density District (RM-2); WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, 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 February 19, 2013, after due and timely notice thereof as required by §36.2- 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 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 Map No. 1212803, located at 1224 Rorer Avenue, S.W., be and is hereby rezoned from Commercial-Neighborhood District (CN) to Residential Mixed Density District (RM-2), as set forth in the Zoning Application No. 1 dated October 26, 2012. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. 1�V� ., 1 T CITY COUNCIL AGENDA REPORT ',6 kv. To: Honorable Mayor and Members of City Council Meeting: February 19, 2013 Subject: Application by Habitat for Humanity in the Roanoke Valley, Inc. to rezone property located at 1224 Rorer Ave., S.W., bearing Official Tax No. 1212803, from Commercial-Neighborhood District (CN) to Residential Mixed Density District (RM-2). Planning Commission Public Hearing and Recommendation: The Planning Commission held a public hearing on Thursday, January 17, 2013. By a vote of 7-0, the Commission recommended approval of the rezoning request, finding the Original Application, dated December 06, 2012, to be consistent with the City's Comprehensive Plan, Hurt Park/Mountain View/West End Neighborhood P/an, and Zoning Ordinance as a vacant lot will be redeveloped for an active use appropriate to the surrounding neighborhood. Application Information Request: Rezoning Owner: Blue Ridge Housing Development Corporation Applicant: Habitat for Humanity in the Roanoke Valley, Inc. Authorized Agent: N/A City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address/Location: 1224 Rorer Avenue SW Official Tax Nos.: 1212803 Site Area: __ 0.1535 acres -- Existing Zoning: CN, Commercial - Neighborhood District Proposed Zoning: RM-2, Residential Mixed Density District Existing Land Use: Vacant _ Proposed Land Use: Dwelling, Single-Family Detached Neighborhood Plan: Hurt Park/Mountain View/West End Neighborhood Plan Specified Future Land Use: Single and Two-Family Mix Filing Date: Original Application: Dec 06, 2012 Background In October 2012, a representative of Habitat for Humanity in the Roanoke Valley met with staff from the City of Roanoke to discuss a proposed single family residence to be constructed on the vacant parcel on Rorer Avenue SW. The proposed use is not permitted in the current CN district. In December 2012, Habitat for Humanity in the Roanoke Valley filed an application to rezone tax map number 1212803 located on Rorer Avenue SW. The application included a concept plan to reflect the applicant's typical development for this type of site. Conditions Proffered by the Applicant None. Considerations Surrounding Zoning and Land Use: Zoning District Land Use North RM-2, Residential Mixed Density Dwelling, single-family detached District South CN, Commercial - Neighborhood Community Center District East RM-2, Residential Mixed Density Dwelling, single-family detached District West CN, Commercial - Neighborhood Dwelling, single-family detached District Compliance with the Zoning Ordinance: Residential development on the parcel will be subject to Neighborhood Design District (NDD) standards. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001-2020 and the Hurt Park/Mountain View/West End Neighborhood P/an recognize the need for the redevelopment of vacant or underused sites in a manner that reinforces the physical and social fabrics of the existing neighborhood. The vacant parcel is located in a transition zone between mixed density residential and commercial property near the neighborhood village center. The change in zoning will allow for development that better reflects the forms and uses along the street on which the property is located. Relevant Vision 2001-2020 policies: • NH P3. Neighborhood Plans. The City will adopt neighborhood plans for all neighborhoods. Neighborhood plans will address land use, zoning, transportation, infrastructure, neighborhood services, and the development of village centers and recognize those neighborhoods with architectural and historic value, among other issues. (excerpt) 2 Design Principals: • City Design Downtown Neighborhoods o Downtown neighborhoods are characterized by small lots (approximately 5,000 square feet); two-story houses with porches; consistent building setbacks; and an interconnected grid of narrow, tree-lined streets and alleys. These neighborhoods developed adjacent to the downtown between the 1890s and 1920s. o Design principles: • Houses should have front porches; setbacks for residential structures should be consistent. • Recognized historic buildings should be preserved and should be used to guide new development. • All streets should have sidewalks and should be lined with trees; on-street and rear-access parking should be encouraged. Relevant Hurt Park/Mountain View/West End Neighborhood Plan Policies: Community Design Policies • Development Model: Future development should follow the traditional neighborhood model prescribed by Vision 2001-2020. Residential Development Policies • Zoning patterns: Zoning patterns should allow for compatible uses in proximity to each other, and provide buffering or transition space between incompatible uses. • Home Ownership: Encourage more home-ownership in the neighborhood. • Design of Infill Housing: New housing should be compatible with existing structures in design and scale. City Department Comments: None. Public Comments: None. Planning Commission Work Session: None. 3 Planning Commission Public Hearing Discussion: None. Jad 7( hY Lora Katz, Chair City Planning Commis ion cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Brian Clark, Habitat for Humanity 4 Zoning Amendment Application �.�► Department of Planning,Building and Development ROA N O K E Room 166,Noel C.Taylor Municipal Building 215 Church Avenue,S.W. Roanoke,Virginia 24011 Phone: (540)853-1730 Fax: (540)853-1230 Date: 1 D/ 2_ 6// Z Submittal Number: ©- Request(select all that apply): 'Rezoning,Not Otherwise Listed ❑Amendment of Proffered Conditions El Rezoning,Conditional - ❑Amendment of Planned Unit Development Plan ❑Rezoning to Planned Unit Development ['Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Property Information: Address: I. Z`1 )2,0( e v-I4✓.f_ S L u- Official Tax No(s).: I 2 .Z 'p 3 Existing Base Zoning: C With Conditions (If multiple zones,please manually enter all districts.) N ❑ Without Conditions Ordinance No(s).for Existing Conditions(If applicable): Requested Zoning: (Z M - Proposed Land Use: z l-er y c Property Owner Information: �S e- ,i-.`a Name: 644 aedavf ,ffa7l 06,awe s az/p,CxlhJio Phone Number: ($y4)7#f.5s/b Address: SiO /11/1 L1 vbI7 E-Mail: G STl e G 7� i1 r r*q u�y eM i r x. i C.O.B. -AZit. (� tom operty Owner's Signature: Apply ant information (if different from owner: Name: 6..;a v\ C(ai(c - 7-4 ) - 1;1',1.0, n , 17 Phone Number: 5 Yo.-3 -S f 04 Address: `(U S t<1 w �>t..t S �J /�(74 n o 1(.e -1- Li Pi ,b j E-Mail: 6C14,(< a �q 1):"+ J 0/1licant's Signature: Authorized Agent Information (if applicable): Name: J Phone Number: Address: E-Mail: Authorized Agent's Signature: • Zoning Amendment Wet; Application C �► The following must be submitted for all applications: ROA N O K E Completed application form and checklist. Written narrative explaining the reason for the request. ✓ Metes and bounds description,if applicable. /1//4- 17—Filing fee. For a rezoning not otherwise listed,the following must also be submitted: Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. For a conditional rezoning,the following must also be submitted: I— Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Please label as 'development plan'if proffered. For a planned unit development,the following must also be submitted: 1— Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. For a comprehensive sign overlay district,the following must be submitted: (— Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. For an amendment of proffered conditions,the following must also be submitted: Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures, r if applicable. I— Written proffers to be amended. See the City's Guide to Proffered Conditions. (— Copy of previously adopted Ordinance. For a planned unit development amendment,the following must also be submitted: ✓ Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. (- Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment,the following must also be submitted: ✓ Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. • Copy of previously adopted Ordinance. For a proposal that requires a traffic impact study be submitted to the City,the following must also be submitted: i A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. For a proposal that requires a traffic impact analysis be submitted to VDOT,the following must also be submitted: r Cover sheet. • Traffic impact analysis. ✓ Concept plan. ✓ Proffered conditions, if applicable. r" Required fee. 'An electronic copy of this application and checklist can be found at www.roanokeva.gov/pbd by selecting'Planning Commission'under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. 11/23/2012 City of Roanoke 215 Church Ave. SW Noel C. Taylor Municipal Building Roanoke, VA 24011 Re: Rezoning 1224 Rorer Ave SW Dear Planning Commission, Blue Ridge Housing Development Corporation is the owner of the property located at 1224 Rorer Avenue SW, Roanoke,VA ("Property"). Habitat for Humanity in the Roanoke Valley ("Habitat") is pursuing the purchase of the Property. This letter shall serve as our authorization for Habitat to proceed with rezoning the Property from CN to RM-2. Sincerely, Cyndi Beach Stultz Chairman of the Board Blue Ridge Housing Development Corporation 510 11th Street NW Roanoke, VA 24017 (540) 769-8857 • Zoning Amendment Application 1224 Rorer Ave SW, TM 1212803—Habitat for Humanity in the Roanoke Valley Habitat for Humanity in the Roanoke Valley would like to build a two story, single family home at 1224 Rorer Ave SW. Currently this property is zoned CN with a NDD overlay zoning. It is located on an outer corner of the CN zoning district. The property is adjacent to and surrounded by a RM-2 district, along with other residential zoning districts in the area(see map below). Zoning boundaries are usually divided along alleyways. In this case, the boundary line is the middle of Rorer Ave and then splits the 1200 and 1300 blocks of Rorer Ave. The entire 1200 block of Rorer Ave SW is currently established and used as residential housing. We feel that a change to a RM-2 zoning district and the construction of a single family home would maintain the existing residential character of the block. This property is currently vacant and owned by Blue Ridge Housing Development Corporation. Blue Ridge has agreed to sell the property to Habitat if a rezoning request was granted. I have attached a letter from Cyndi Beach Stultz authorizing Habitat to pursue the rezoning application for 1224 Rorer Ave. The introduction of a new single family home to this residential area would have less of an impact on traffic than the potential usage allowable by the current CN zoning. The completion of the project would help fill in the streetscape of this block and significantly increase the tax rate for this property. The City's neighborhood plan identifies issues that need to be addressed for this area, such as "attracting new homeowners, improving the area's appearance, and zoning changes that would encourage the development of vacant lots."(Introduction, pg 1) This proposed project will help address these issues. When we break ground on a new project, a family has already been identified. When the house is complete, the house is occupied immediately and does not sit vacant waiting to sell. I have included a proposed concept plan for the basic development of the lot if the zoning were changed to allow a single family home. The proposed house will blend with the neighborhood streetscape and adhere to previously established building lines. The conceptual house design plan will conform to the requirements of the Federal Registry District in the neighborhood. Habitat has received architectural approvals from the Department of Historic Resources on all its projects for the last several years. Our proposed project will go through the normal DHR approval process as well as conform to all requirements of the Neighborhood Design District overlay zoning. For our most recent homes, we have used design plans from the City's Residential Plans Library. These are pre-approved Model Plans that complement the existing historic neighborhoods and adhere to DHR and NDD guidelines. Rezoning 1224 Rorer to RM-2 would allow this project to begin. If approved, we anticipate receiving a Certificate of Occupancy by December 2013. Page 1 of 5 a a i v �-u- to ��yy��yye42-t, 1 -.., Q , t —" ---�."°. N ' 3 - it t � • -_r G1 ,'$o$ del c''- .+ 'Y �.r7,,,....,..........,.,......j P r--------m- - .ce 909e4 , d - 4a L 909? eit d ei Z Od b, r v._ .. i .."*"........„„.............. ... tp iltCleeiT;Th { 6 x: C 7 izp CV If N, N bi<0 �. ,,0 .0 t aQi et 9°� N • 0 I N d LO aF.,,,_'' ,, , let _ 1.44.1. 47 q , i---- ...c 0 ttl h` i^• r 1 Below are pictures that show the vacant lot at 1224 Rorer,recent houses built by Habitat, and how those houses complement existing streetscapes. A. Ilk . '__ 41 w 1224 Rorer is the vacant lot <! :: centered in the picture. The ;-' y house on the right side is r - 1228 Rorer Ave. The lot to the left of 1224 Rorer Ave is °i 0 also currently vacant. i 4111V \ .., • I • Existing residential character of the 1200 block Existing residential character of the 1200 block of of Rorer Ave., looking east from 13th St. SW. Rorer Ave., looking east from 13th St. SW. This This picture shows the south side of 1200 picture shows the north side of 1200 Rorer Ave. Rorer Ave. The house to the right is 1228 Rorer and the house in the distance is 1218 Rorer Ave. Page 3 of 5 Below: Examples of different house designs recently completed in the Hurt Park/Mountain View/West End neighborhoods by Habitat for Humanity in the Roanoke Valley. Our proposed single family home at 1224 Rorer, if allowed, would likely be one of these designs or one of a similar style. LI _ l ,��a 111111 �� , L HIJHto Mlle 0 µ � li Y A "The Salem", Model Plan MOD 1103004 • - "The Campbell", Model Plan MOD1203003 "The Patterson", Model Plan MOD1103006 Page 4 of 5 Below: Examples of how existing Habitat house designs blend with and complement existing streetscapes. 1 :; a First two houses on left are Habitat houses. South side of 1400 block of Rorer Ave SW. I NJ il u' Blue sided house with some Tyvek showing on ' _. front (2"d from right) is a Habitat house still under construction. North side of 1400 block of fi ..(-1111 4 1 Rorer Ave SW. l ,t, -. 2nd and 3`d houses from right are Habitat houses. r _.. � North side of 1700 block of Rorer Ave. SW ,I I jk_ { Page 5 of 5 LEGEND GRAPHIC SCALE SURVEYED PROPERTY UNE 30 0 15 30 —DEED UNE• SET REBAR O EXISTING IRON FOUND O END UNE/CURVE (IN FUT) IRORER AVE NOTHING FOUND, NOTHING SET—W— WATER UNE \ ,I a SITE —SS— SEWER UNE 1 _ NOTES. 1. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE SEARCH AND THEREFORE MAY p0,�" NOT SHOW ALL ENCUMBRANCES. ,�'.00�"" v0 2. THIS PROPERTY AS PLATTED DOES NOT FALL x,•'FPS'TH Op y°r° VICINITY MAP WITHIN THE 100 YEAR FLOOD ZONE'_ "X" MAP 11 •p 51161C0164G 09/28/2007 HAS NOT BEEN o. 0 O NO SCALE VERIFIED BY ACTUAL FIELD ELEVATIONS 6' I• G • ,41; 3. THIS PLAT WAS PREPARED FROM AN ACTUAL q' P of l,r AND CURRENT FIELD SURVEY. ' `‘ 4. T HABITAT FOR HUMANITY LOT 2 BLOCK 10. COJ^l C T.M.M. 1 1212803 ;Q C. 'O. • •—B " r 5. ANY PHYSICAL IMPROVEMENTS NOT DIMENSIONED, SHALL NOT BE SCALED. 6. UTILITIES 610 UNDERGROUND: PER "%;,'y0 OS♦;;6;;�. p 17 7. OUTDOOR UGHTING: PER SEC. 36.2-625 0 8. FACADE SHRUBS: 1 SHRUB PER 4 L.F. OF FACADE MINIMUM 18' HEIGHT AT PLANTING CANOPY, TREES: 21M1N. CAUPER AND 5' MIN. HEIGHT. v v — v — v — v — v — w 9. PROPOSED IMPERVIOUS SURFACE RATIO: 18X 10. LEGAL REFERENCE: INST. / 020017734 RORER AVE. SW(80'It/o6 11. PROPERTY CURRENTLY ZONED: RM-2 FRONT SETBACK SUBJECT TO THE PROVISIONS OF SEC. r-20• p• 36.6-313 10 ONSTREET PARKING f l0' 12. THE CONTRACTOR SHALL PROTECT ALL TREES LOCATED IN THE "TREE PROTECTION AREA LOCATED ON THIS SITE PLAN, PER CITY CODE. sIDEwAtx` 59-E SEE 36.2-643(b)(1) OF THE ROANOKE CITY ( _- CODE. / PROPY y----1 50.00'' 97.00'TO IRON P&1 1 UNE —r 5'SW I 21.8' , 8 21.8' % lir O .—. P oP i..4,3 c 0ZadKC.s r- � . ,„Slc 6Y2-I .•h 'a0�� OrJOIN„r� tril1: :0 t it. .: . E>CRISES ,r' ' 2 STY. HOUSE 8 T OSA EN LLC (1224) 11 5 N T.M. 1212801. JEANE3TE HANCOCK INSTR. #050017011 e5TR. 11 2 Y ji) ( (X I TREE�PROTTECTION AREA 15' FY■111BE@AY TRFF _ � - „, N ,1 �� 177.2.g. U ( ? , T.Y. 1212802.$ INSTR. /120010445 . 2Y TREE PROIL TION AREA 11 r __— �'yp.�,� 5.0.6 277.04'TO RCN PIN TIE UNE Ss SS— SS— SS— SS— SS SS SS SS— SS- SS—SS— SS— EX.TREES TREE CANOPY AT 20 YEARS 16'+/- AllEY 4"ASH 254 SO.FT. 18"ASH 1016 SOFT. (3) MULBERRY 3048 SOFT. TOTAL EX. 4318 SOFT. PROP. TREES TREE CANOPY AT 20 YEARS DOGWOOD 177 SQ.FT.(TOTAL) PLAT OF SURVEY TOTAL 4495 SQ.FT. SHOWING REQUIRED (107) 6.750 SQ.FT.=675 SQ.FT.SHRUBS(8) EVERGREEN T 0 PROPOSED B OU PLACED LOT 2 BLOCK 10 102 Albemarle Ave FOR L M w P.C. Roanoke, Virginia HABITAT FOR HUMANITY 24013 LOCATED IN Engineering www.lmwpc.com CITY OF ROANOKE Architecture ph: 540.34 5.0675 Surveying fax: 540.342.4456 VIRGINIA Landscape Design Imweng®Imw.roacoxmail corn COMM.:2647ZZZ SURVEYED:10-29-2012 DRAMM:10-29-2012 4djo1ninci propir' (.( ou nerS ! -D.(4 IC)reV AVe5' -) TAXID LOCADDR OWNER OWNERADDR1 MAILCITY M/MAINZIPCOC 1212108 1229 RORER AVE SW BLANTON PROPERTIES LLC 1229 RORER SW ROANOKE VA 24016 1212109 1223 RORER AVE SW BLANTON PROPERTIES LLC 1223 RORER SW ROANOKE VA 24016 1212110 0 RORER AV SW BAXTER LAWRENCE 0 1219 RORER AVE SW ROANOKE VA 24016 1212801 1228 RORER AVE SW OBA ENTERPRISES LLC 215 9TH ST 01150-010 NORTH WILKESBORO NC 28659 1212802 310 13TH ST SW LILY 310 13TH ST SW ROANOKE VA 24016 1212804 1220 RORER AVE SW HANCOCK JEANETTE 1710 PEBBLE BROOK OR AUSTIN TX 78752 1212811 312 13TH ST SW 312 13TH STREET SW TRUST 3735 FRANKLIN ST#117 ROANOKE VA 24014 1212813 1223 PATTERSON AVE SW WEST END CENTER INC PO BOX 4562 ROANOKE VA 24015 1212814 0 PATTERSON AV SW WEST END CENTER INC PO BOX 4562 ROANOKE VA 24015 N / ten, Stttltl 1-114 r ' 6OBZIZt - S t PLLZtZI ■ N ' fl 808Ztet ttgzlz :. et, -7. { 1QS£Ltt 1 108ZLZL my liwiliiiiiiiiii cr a 90s£ttt I 0 O 908ZLZ1 co cr s08ZtZ1 Q Zl s . v ..', r £Q ttl Zt LL 1Zl bO8Ztzt POS£LZ1 iL�L�t 1,1844 Zt soLZt Zl J� ��ti %i'►���.�..� � �4#4it,••404. "*0� Z £OS£LZL iztzt vi 00.144∎;�a.IP 4,1 , 80Letel. t441108248.-"11, •4**40 ailailif LO9ZLZ1 '. :I 4 _ ZOSZLZt ti Z0S£tzt H11 I. ,ry ZtBZLZ1 �' Los£czc o el a . . ... .. 9oottZl £totltt o0 ,i/ et 10144 ^°� �n N s�,� sOOZi,1 OZtZ! ry N tn O btLZteL M Z b0 11044 901 Z1Z1 C a otczl Lov£tzt c� .4>c, 2 ' o! s L x - `f oZ1Zt. (W ort[t1 £ttZ�Z «f tOOZ1Z14 t 90t`£LZL p ~ 2 re CO ij kOltttl ;^ x N Mt 0 S�£LZL N O £OLtGtI I1 I The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times + 1 HABITAT FOR HUMANITY BRIAN CLARK Munilpae Noel neg,/15 PNBLN HEARING Churc venun ,Church Aromni , to 1306 RORER AVENUE, W • WEE Roadexh, lit{Iola, to ROANOKE VA 24016 The Council of the City of consider n bYi Roanoke will hold a public Hume y yl'Nebu e hearing Tuesday. Roano alley,Inc.,to February 19,2013,at 2:°0 <property located at p.m., or as soon as me 3224 a Av S.W.. ones may be heard,M Ne bearing Rorer Ave., No. REFERENCE: 80157325 Council Chamber.fourth 1212803, from 13226568 NPH-Habitat for Huma 1 — CommaincM141flibodszod District calm Residential Mixed Ny District (RMQ),The land use State of Virginia tolnin permitted In me RMd3 District include City of Roanoke resid` emMial; Zone and group living;commercial;utility and Mruchnes;animal I, (the undersigned) an authorized representative and aalcultural uses;and accessory,with a maximum of the Times-World Corporation, which corporation den Gone dwelling unit is publisher of the Roanoke Times, a daily areaa..TThe`compreleniive newspaper a published in Roanoke, in the State of plan designates the P P P =city for Maple and Virginia, do certify that the annexed notice was zWp�.aalMeendutd:The published in said newspapers on the following proposed use of the dates: property pprotl Single-family onle dwelling unit per 8,686 square f lot aim. Is available for review In the Of flee of the City Clerk. Room 455,Noel C.Taylor Municipal Building,215 . Church Ave.SW.Roanoke. City/County of Roanoke, Commonwealth/State of andmizns mayap�ppee`ar`on Virginia. Sworn and subscribed before me this thera boon ve date tan dFbe 1a"i ay of February.2013 . Witness my hand and person with a disability accommodation prn nt s hednl official seal. to r should in t t hearing \ �rk's contact the City requiring a no M6on the _ ` �_ otary Public before the II %;' ,i ',,,z, , hurWrynder my on of the hearing listed above. GIVEN under my hand this 29th day oflenuary.3013. ` ytP�YMgN, ,' stepxanle M.Moon.welt J Ci jpk° 1(13226588)• PUBLISHED ON: 02/01 02/08 ] t 71. ,p tgo9\TP 4._ K . TOTAL COST: 498. 00 rrrl r FILED ON: 02/13/13 • + Authorized �/ ,/ /yl O Signature: / , Billing Services Representative 4, Th?Twa hT a3A ET e 183,1 A113 PUBLIC HEARING NOTICE The Council of the City of Roanoke will hold a public hearing on Tuesday, February 19, 2013, at 7:00 p.m., or as soon as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia, to consider the following: An application by Habitat for Humanity in the Roanoke Valley, Inc., to rezone property located at 1224 Rorer Ave., S.W., bearing Official Tax No. 1212803, from Commercial-Neighborhood District (CN) to Residential Mixed Density District (RM-2). The land use categories permitted in the RM-2 District include residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory, with a maximum density of one dwelling unit per 2,500 square feet of lot area. The comprehensive plan designates the property for single and two-family mix, but does not specify density. The proposed use of the property is single-family with approximately one dwelling unit per 6,686 square feet of lot area. The application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Ave. SW, Roanoke, VA. All parties in interest and citizens may appear on the above date and be heard on the matter. Any person with a disability requiring any special accommodation to attend or participate in this hearing should 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 29th day of January , 2013. Stephanie M. Moon, MMC City Clerk Notice to Publisher: Publish once in the Roanoke Times on Friday, February 1 and Friday, February 8, 2013. Send affidavit to; Send Bill to: Stephanie M. Moon, MMC, City Clerk Brian Clark 215 Church Avenue, S.W., Room 456 Habitat for Humanity Roanoke, VA 24011 1306 Rorer Avenue, S. W. (540) 853-2541 Roanoke, Virginia 24016 (540) 314-5409 • AFFIDAVIT APPLICANT: Habitat for Humanity in the Roanoke Valley, Inc. LOCATION: 1224 Rorer Ave., S.W, Tax Map No. 1212803 REQUEST: Rezoning from CN to RM-2 COMMONWEALTH OF VIRGINIA TO-WIT: CITY OF ROANOKE The affiant, Rebecca Cockram, 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 28th day of December, 2012, notices of a public hearing to be held on the 17th day of January, 2013, on the request captioned above to the owner or agent of the parcels as set out below: Tax No and Owner's Name and Address 1212108 BLANTON PROPERTIES LLC 1229 RORER AVE SW ROANOKE VA 24016 1212109 BLANTON PROPERTIES LLC 1223 RORER AVE SW ROANOKE VA 24016 1212110 BAXTER LAWRENCE D 1219 RORER AVE SW ROANOKE VA 24016 1212801 % WELLS FARGO ATTN: LARRY BAKER OBA ENTERPRISES LLC 215 9TH ST D1150- 010 NORTH WILKESBORO NC 28659 1212802 LILY 310 13TH ST SW ROANOKE VA 24016 1212804 JAMES WILDER HANCOCK II 5901 SW KARLA CT PORTLAND OR 97239 JEANETTE HANCOCK 1710 PEBBLE BROOK DR AUSTIN TX 78752 1212811 % 123 LLC TRUST OF 312 13TH ST SW LAND TRUST 3735 FRANKLIN ST#117 ROANOKE VA 24014 1212813 WEST END CENTER INC 1212814 PO BOX 4562 ROANOKE VA 24015 Notices sent to: Jimmy Cook Hurt Park Neighborhood Alliance 1737 Salem Avenue SW Roanoke, VA 24017 Peggy Parker 110 13th Street SW Roanoke, VA 24016 Christine Williams 1907 Salem Ave., S.W. Roanoke, VA 24016 Jim Crawford 822 13th Street SW Roanoke, VA 24016 tc& CrLUCCA- ) Rebecca Cockram SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 2 ay of DecemAer, 2012.1 Notary Public CANDACE R. MARTIN i NOTARY PUBLIC Commonwealth of Virginia Reg. #28207. a or My Commission Expires CITY OF ROANOKE �1s OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 4 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: elerk@roanakeva.gov STEPHANIE M.MOON,MMC JONATHAN E.CRAFT City Clerk Deputy City Clerk February 8, 2013 CECELIAT.WEBB Assistant Deputy City Clerk Brian Clark Habitat for Humanity 403 Salem Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Clark: 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 Tuesday, February 19, 2013, 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 Habitat for Humanity in the Roanoke Valley, Inc., to rezone property located at 1224 Rorer Avenue, S. W., from Commercial-Neighborhood District (CN) to Residential Mixed Density District (RM-2). The proposed use of the property is single-family with approximately one dwelling unit per 6,686 square feet of lot area. 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 February 19th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, P-r, . �b11ti,/ Stephanie M. Moon, MMC City Clerk SMM:ctw Enclosure CITY OF ROANOKE A - OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 *.'S ''< s Roanoke,Virginia 24011-1536 - -( Telephone: (540)853-1541 Fax: (540)853-1145 E-mail: clerl(4roanokeva.gov JONATHAN E.CRAFT STEPHANIE M.MOON,MMC Deputy City Clerk City Clerk February 8, 2013 CECELIA T.WEBB Assistant Deputy City Clerk To Adjoining Property Owners 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 Tuesday, February 19, 2013, 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 Habitat for Humanity in the Roanoke Valley, Inc., to rezone property located at 1224 Rorer Avenue, S. W., from Commercial-Neighborhood District (CN) to Residential Mixed Density District (RM-2). The proposed use of the property is single-family with approximately one dwelling unit per 6,686 square feet of lot area. 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. Sincerely, • �M Step Moon, MN1C City Clerk SMM:ctw CITY OF ROANOKE et‘i A OFFICE OF THE CITY CLERK I�. s 215 Church Avenue,S.W.,Suite 456 i `•w Roanoke,Virginia 24011-1536 y Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk February 20, 2013 Bernardo Hernandez, Director of Capital and Planned Maintenance Programs Roanoke City Public Schools 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Mr. Hernandez: I am enclosing copy of Ordinance No. 39598-021913 amending the Planned Unit Development Plan as it pertains to the property located at 2020 Oakland Boulevard, N. W., as set forth in the Amended Application No. 1, dated January 15, 2013. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 19, 2013; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon, M City Clerk Enclosure pc: Alexandre Osnel, 1242 Pleasant View Avenue, N. W., Roanoke, Virginia 24012 Audrey and Emmett Taylor, 1241 Pleasant View Avenue, N. W., Roanoke, Virginia 24012 Betty S. Fulton, 1242 Greenhurst Avenue, N. W., Roanoke, Virginia 24012 Shirley M. Powell, 1241 Greenhurst Avenue, N. W., Roanoke, Virginia 24012 Samuel G. Pierson, 3544 Valley View Boulevard, N. W., Roanoke, Virginia 24012 Bernardo Hernandez Roanoke City Public Schools February 20, 2013 Page 2 pc: Trustees of Valley View Wesleyan Church, 2302 Oakland Boulevard, N. W., Roanoke, Virginia 24012 C/O Realty Income Corporation, Realty Income Properties 9, LLC, 600 La Terraza Boulevard, Escondido, California 92025 Dayton Hudson Corporation, Target Corporation T 1162, P. O. Box 9456, Minneapolis, Minnesota 55440 Staples, The Office Superstores East, Inc., P. O. Box 9271, Framingham Massachusetts 01701 Seven 0 One Highway, LLC, Best Buy Property Management, 7601 Penn Avenue South, Richfield, Minnesota 55423 David Campbell, President, Grandview Area Neighborhood Watch, 2536 Ravenwood Avenue, N. W., Roanoke, Virginia 24012 Jeff Parrish, 2521 Ravenwood Avenue, N. W., Roanoke,Virginia 24012 Dustin Akers, 2049 Windsor Avenue, S. W., #9, Roanoke, Virginia 24015 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Rebecca Cockram, Secretary, City Planning Commission \ 3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of February. 2013. No. 39598-021913. AN ORDINANCE to amend §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 amend a Planned Unit Development Plan as it pertains to a parcel bearing Official TaxNo.2250102; and dispensing with the second reading by title of this ordinance. WHEREAS,the Roanoke City School Board,has made application to the Council of the City of Roanoke,Virginia("City Council"),to amend a Planned Unit Development Plan as it pertains to a parcel bearing Official Tax No. 2250102; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, 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 February 19,2013,after due and timely notice thereof as required by§36.2-540, 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 amendment of the Planned Unit Development Plan, for the property described as Official Tax No. 2250102; 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, finds that the public necessity, convenience, general welfare and good zoning practice,requires the amendment of the Planned Unit Development Plan as it pertains to the parcel bearing Official Tax No. 2250102, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1 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 the amendment of the Planned Unit Development Plan as it pertains to the parcel bearing Official Tax No. 2250102, as set forth in the Amended Application No. 1, dated January 15, 2013. 2. Pursuant to the provisions of Section 12 of the City Charter,the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. 0-2020 Oakland Blvd doc co A too % ; =` CITY COUNCIL AGENDA REPORT •.?6,N1' To: Honorable Mayor and Members of City Council Meeting: February 19, 2013 Subject: Application by Roanoke City School Board to amend the Planned Unit Development Plan on property located at 2020 Oakland Blvd., N.W., bearing Official Tax No. 2250102, to permit enlargement of the existing elementary school previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning, Ordinance 37269-120505, on December 5, 2005. Recommendation The Planning Commission held a public hearing on Thursday, January 17, 2013. By a vote of 7-0, the Commission recommended approval of the rezoning request, finding the Amended Application No. 1, dated January 16, 2013, to be consistent with the City's Comprehensive Plan, Williamson Road Area Plan, and Zoning Ordinance as an existing elementary school will be able to enlarge their facility in a manner appropriate to the surrounding neighborhood. Application Information Re•uest: Amendment of Planned Unit Development Plan Owner: Roanoke City School Board/City of Roanoke As• •licant: Roanoke City School Board/City of Roanoke AuthorizedA•ent Mark Ayles, Hughes Associates Architects & Engineers Cit Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address/Location: 2020 Oakland Blvd., NW Official Tax Nos.: 2250102 Site Area: Approximately 16 acres Existin• Zoning: INPUD, Institutional Planned Unit Development District Pro•osed Zoning: INPUD, Institutional Planned Unit Development District Existin• Land Use: Educational facilities, elementary/middle/secondary Pro•osed Land Use: Educational facilities, elementary/middle/secondary Neighborhood Plan. Williamson Road Area Plan Specified Future Land Use: Institutional Filing Date: Original Application: Dec 06, 2012 Amended Application No. 1: Jan 16, 2013 Background The December 2005 comprehensive rezoning redesignated the Round Hill Elementary School property to INPUD. The site and buildings as they exist are, in effect, the PUD development plan for the property. Any significant changes to a development plan for a PUD must be approved through the zoning amendment process. The 2010 closure of Huff Lane School resulted in increased enrollment at Round Hill Elementary. Since then, many new families have moved into the neighborhood and increased the enrollment even more. The school currently operates with modular units in addition to the main facility. In November 2012, staff from Roanoke City School and Hughes Associates Architects & Engineers met with staff from the City of Roanoke to discuss a proposed expansion to the elementary school at 2020 Oakland Blvd, NW. In December 2012, Roanoke City School Board/City of Roanoke filed an application to amend the Planned Unit Development Plan for tax map number 2250102 located at 2020 Oakland Blvd, NW. The proposed development is shown in phases and expands the approximately 38,000 square foot footprint of the existing school towards the rear of the site to an approximately 55,000 square foot footprint in Phase I and to approximately 81,900 square foot footprint in Phase II, removes the existing modular classrooms, and adds parking adjacent to the side and front of the building. In January 2013, Roanoke City School Board/City of Roanoke filed Amended Application No 1 to amend the Planned Unit Development Plan. The changes are noted below: • Street trees added • Revised adjoining properties tax numbers • Revised front parking to Phase I • Revised main parking area to be Phase II • Revised note stating all modular classrooms will be removed after Phase II • Revised note under landscaping requirements in text box regarding street trees • Changed color of existing building • Darkened the trailers • Added the areas where we may have mulch beds for Low Impact Development areas Conditions Proffered by the Applicant As an INPUD, the development plan attached to this amendment is binding for future development. Development guidelines are listed directly on the development plan. 2 Considerations Surrounding Zoning and Land Use: Zoning District _ Land Use North CLS, Commercial-Large Site District Retail sales establishment and a movie theater South R-5, Residential Single-Family Single-family detached dwellings District and Interstate 581 and Interstate 581 East ROS, Recreation and Open Space Vacant land and single-family District and R-5, Residential Single- detached dwellings _ Family District West CLS, Commercial-Large Site District Retail sales establishments Compliance with the Zoning Ordinance: The minimum tree canopy requirement for the property is ten percent. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001-2020 and the Williamson Road Area Plan recognize the need for the maintaining the existing schools as important parts of the community. Relevant Vision 2001-2020 policies: • EC PS. Trees. Roanoke will maintain and increase its tree canopy coverage as a way to improve air quality. Roanoke will work regionally to promote tree planting and tree preservation Valley-wide. • NH P3. Neighborhood Plans. The City will adopt neighborhood plans for all neighborhoods. Neighborhood plans will address land use, zoning, transportation, infrastructure, neighborhood services, and the development of village centers and recognize those neighborhoods with architectural and historic value, among other issues. (excerpt) • PE PI. Quality education. Roanoke's school system will be known for its quality education that prepares students for the workplace or with the skills and knowledge needed to succeed in higher education. Roanoke will maintain and improve its high-quality public education facilities and programs at all levels. • PE P2. School facilities. School facilities are important community facilities. The location of new school facilities will be carefully planned to enhance the surrounding community and adhere to the City Design principles recommended. 3 Relevant Williamson Road Area Plan Policies: Community Design Policies • Parking: Parking is recognized as a necessity, but must not be allowed to dominate any development. Parking lots should be located to the rear or side of buildings. The number of spaces provided should be limited to that which is needed for typical demands (rather than peaks) and consider the availability of on-street parking spaces. Street-side and shared parking arrangements are strongly encouraged. Street Design General Principles • Streets should have green areas with large species street trees. Planting strips between sidewalks and curbs should be at least four feet wide to accommodate trees. Landscaped center medians should be used on major arterial streets. • Street design should promote easy and safe pedestrian activity. Planting strips should be used to create separation zones between pedestrians and automobile traffic. Arterial and collector streets should have side walks, curbs, and street trees. Streets must be configured so they are easily crossed. Curb cuts should be configured so they maintain the grade of the pedestrian's path. Oakland Boulevard • This street functions as a neighborhood collector street - retaining a residential feel, but functioning to move traffic from local streets out to arterial streets. The configuration of this street varies. Following the street's path is confusing at times. The street should be formalized as a path through the neighborhood by striping parking lanes, infilling sidewalks/curbs, and installing street trees. Public Services Policies • Schools: The existing system of schools will be maintained as important centers for education, recreation, fitness, and community life. • Stormwater runoff will be managed with effective and environmentally responsible approaches. City Department Comments: None. 4 Public Comments: None. Planning Commission Work Session: None. Planning Commission Public Hearing Discussion: None. 71112C—z 90 6 �f i i 'Lora Katz, Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Curt Baker, Roanoke City Public School Mark Ayles, Hughes Associates Architects and Engineers S Zoning Amendment iiiiiiii Ap Application Department of Planning, Building and Development RECEIVES RSA N V K E Room 166, Noel C.Taylor Municipal Building JAN 1 6 2013 215 Church Avenue, S.W. Roanoke,Virginia 24011 Phone: (540)853-1730 Fax: (540)853-1230 CITY ROANOE PLANNING BUILDING AND DEVELOPMENT Date: January 15, 2013 Submittal Number: Amended Application No. 1 1 ,Request_(select all that apply); ❑ Rezoning,Not Otherwise Listed ❑ Amendment of Proffered Conditions ❑ Rezoning,Conditional ® Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Property information; Address: 2020 Oakland Blvd. NW Roanoke, Virginia 24012 Official Tax No(s).: 2250102 Existing Base Zoning: ❑ With Conditions INPUD, Institutional Planned Unit Development (If multiple zones,please manually enter all districts.) ® Without Conditions Ordinance No(s).for Existing Conditions(If applicable): Requested Zoning: INPUD, Institutional Planned t Proposed Land Use: Educational-Elementary . Property_Owner Information: Name: Roanoke City Schools Attn: Bernardo Hernandez Phone Number: 853-6363 Addre •• 47 Douglas Ave. NW Roanoke VA 24012 ifE-Mail: bhernandez @rcps.info Property Owner's Signature: . Applicant Information (if different from owner); Name: Phone Number: Address: 1 E-Mail: Applicant's Signature: Authorized Agent Information (If applicable); Name: 'Hughes Associates Architects & Engineers Phone Number: 342-4002 Address: P.O. Bo( 1034 Roanoke, VA 24005-1034 1 E-Mail: mayles @HughesAE.Com I Pri f Authorized Agen i. Sig .ture: Zoning Amend 4 FTh11111111111ubmitted for all applications: iimigNi ROA N O K E 6Z Completed application form and checklist. X Written narrative explaining the reason for the request. 6Z Metes and bounds description,if applicable. 6Z Filing fee. For a rezoning not otherwise listed,the following must also be submitted: (- Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. For a conditional rezoning,the following must also be submitted: f Written proffers. See the City's Guide to Proffered Conditions, Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Please label as 'development plan'if proffered. For a planned unit devKollowing must also be submitted: 6Z Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. oar a"comprehensive rlay district,the following must be submitted: ✓ Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. For an amendment of proffered conditions,the following must also be submitted: Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures, if applicable. (— Written proffers to be amended. See the City's Guide to Proffered Conditions. 1— Copy of previously adopted Ordinance. planned unit development amendment,the following must also be submitted: I— Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. I— Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment,the following must also besubmitted: X Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. I— Copy of previously adopted Ordinance. 1Por a pf oh o salethat requires a traffic impact study be submitted to the City,the following must also be submitted: i— A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. For a proposal that requires a traffic impact analysis be submitted to VDOT,the following must also be submitted: • Cover sheet. • Traffic impact analysis. T Concept plan. I— Proffered conditions,if applicable. (— Required fee. *An electronic copy of this application and checklist can be found at www.roanokeva.govlpbd by selecting'Planning Commission'under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended,unless otherwise specified by staff. Round Hill Elementary School 2020 Oakland Blvd NW Roanoke, Virginia Parcel No.2250102 January 15, 2013 Narrative The purpose of this request is to gain the approval of Roanoke City Council for the proposed additions to Round Hill Elementary School ("Round Hill"). The parcel, Number 2250102, is currently zoned INPUD - Institutional Planned Unit Development - and consists of approximately 16.0 acres (based on Roanoke City GIS mapping). Round Hill currently has an enrollment of more than 620 students in grades K-5 who are served by 100 teachers and staff. The main building on the school campus is a 31,230 square foot masonry and steel structure originally constructed in 1961 and expanded in 1997. This building contains 20 classrooms, an 1,850 square foot cafeteria/multi-purpose room, and administrative offices. The campus also includes a modular gymnasium and four modular classrooms. Two of the four modular units contain 1,800 square feet each; the remaining two have 1,600 square feet each. The school also uses two 12 x 20 modular storage buildings. The site has 70 striped parking spaces and 11 unmarked spaces, all of which are used on a daily basis. Overflow parking for staff and visitors is provided along the approach driveway and in the grass around the paved parking lots. The school is served by nine Mountain Valley Transportation buses and two mini-buses from private after-school programs. The buses pick up and drop off in the front of the school while those travelling by car are picked up and dropped off along the south side of the main building. Car traffic is regulated using walkie-talkies and manual direction. The number of students attending Round Hill has grown significantly over the last few years. The anticipated student enrollment will be approximately 900 students with a staff of 145 at the time Phase Ill is completed. The Roanoke City School Board intends to continue occupying the school during the period of construction and, therefore, to minimize class disruption, anticipates the expansion project will occur in three phases. Phase I construction is tentatively scheduled to start in March, 2013, so that construction work can be substantially completed by the beginning of the 2013-2014 academic year. It is anticipated that Phase II construction may begin as early as spring 2014. Phase III construction is the renovation of the remaining portions of the existing building. Phase I site development will include improvements to accommodate construction traffic and staging as well as to replace staff parking lost to construction activities and building expansion. This phase will include the construction of additional parking to bring the total number of paved and marked spaces to a maximum of 90. In addition to the new permanent spaces at the front of the building; a portion of the new main lot will also be constructed, the extent of which is dependent on the loss of existing parking areas. Phase I building improvements will include the construction of a new cafeteria/multi- purpose room and kitchen sized to accommodate the school's projected enrollment growth. A new 91 x 50 foot, free-standing gymnasium will replace the current modular building used for this purpose. The four modular buildings will remain in their current locations until replaced by additional permanent classroom space to be constructed in later phases. While the enrollment and the number of teachers and staff will remain at current levels throughout the first phase, the anticipated enrollment will grow to approximately 900 students with 145 teachers and staff. The second phase of the project has been designed for this population and will include the addition of 26 new classrooms. Sitework in this phase will also clarify site circulation, separating bus and private vehicular traffic, and providing efficient ingress and egress from the site. This will include relocating the bus pick up and drop off to a new loop on the south side of the building with car traffic accommodated along a loop in front of the building. Parallel parking along the entry drives and on the street will be greatly reduced. Although the proposed number of parking spaces exceeds the number provided for in the Zoning Ordinance, it represents a realistic requirement based on current usage and anticipated needs. We understand that the City's general philosophy is that new construction should reinforce and enhance the streetscape. Unfortunately, the extreme grade on the front of school's property would make development in this direction prohibitively expensive. We have concentrated development on the back of the site using its generally flat topography to create grade level access to all parts of the school with minimal stairs and ramps. The Owner has developed a plan that is compatible to the neighborhood's goals and meets the criteria of the INPUD zoning designation. The Owner acknowledges that prior to construction each phase will be reviewed and approved by the Roanoke City Planning Staff using their comprehensive review process. This will include consideration of landscaping, site lighting, fire access, storm water management, and utility connections,as well as any other applicable items. Round Hill Elementary School 2020 Oakland Blvd NW Roanoke, Virginia Parcel No. 2250102 Adjoining Property Owners SW Commonwealth Transportation Board (VDOT) Route 581 Limited Access Right-of-Way NW City of Roanoke Valley View Blvd Limited Access Right-of-Way NE Parcel No. 2250117 Realty Income Properties 9, LLC 600 La Terraza Blvd Escondido CA 92025 (Movie Theater) NE Parcel No. 2250118 Realty Income Properties 9, LLC 600 La Terraza Blvd Escondido CA 92025 (Buffer/Basin) SE City of Roanoke Oakland Blvd Round Hill Elementary School 2020 Oakland Blvd NW Roanoke, Virginia Parcel No.2250102 Legal Description The property located at 2020 Oakland Boulevard, NW, in the City of Roanoke,Virginia, is generally known as Round Hill Elementary School. The legal description is based on record plats because the current source deed is not available. Beginning at a point at the westerly end of Oakland Boulevard NW, said point being the westerly end of the northerly right-of-way of Oakland Boulevard NW and a corner in the easterly limited access line of Interstate 581;thence along the easterly limited access line of Interstate 581 the following courses, south 39 degrees 02 minutes 55 seconds west 58.55 feet to a point, along a curve to the right having a central angle of 06 degrees 36 minutes 44 seconds a radius of 2714.79 feet a length of 313.30 feet a chord of 313.13 feet and a chord bearing of north 53 degrees 34 minutes 27 seconds east to a point, north 50 degrees 16 minutes 05 seconds west 538.75 feet to a point on the southerly limited access line of Valley View Boulevard;thence leaving the easterly limited access line of Interstate 581 and along the southerly limited access line of Valley View Boulevard the following courses, north 08 degrees 46 minutes 35 seconds west 29.21 feet to a point, north 25 degrees 00 minutes 11 seconds east 181.31 feet to a point, north 49 degrees 57 minutes 09 seconds west 28.90 feet to a point, north 40 degrees 02 minutes 55 seconds east 555.33 feet to a point;thence leaving southerly limited access line of Valley View Boulevard south 50 degrees 22 minutes 01 seconds east 936.41 feet to a point on the northerly right-of-way of Oakland Boulevard NW; thence along said line south 39 degrees 02 minutes 55 seconds west 675.25 feet to the point of beginning and containing approximately 15.964 acres. 4 f� ,:� '{" w►ae` mac_,.-' 1 A\. 1 "'01 SITE DATA: • .. . I I i - SAM ALL OF THE ••.- II CAM. •aware u.r.cwora. GV.S3R.00tH STRD6 RAM ii . .Dowel► CV....V.0 Mn • i' yRAgg AAA AREA ` II 7.1"..011.. .30102 v.0•a INILL BE REMOVED ii - ,wa•R.r.wu I.•AC. / 4 . 6RY.99 I I I II uwa.w.r eawn. !AO 1 PUY6RQJND' &HASS • I I .wono.m .ae , • i. wFeO.M. . . ` I■ C.A.AM 11,OfO.N,QD.w.f.Rf.U�[IO� I I I n.wV,lo we ,99os.M.. rwY I I1 ,some u>e assrt.wY td sloe PHASE II ■ I/ MOM.,A. m.r..rcwmmn wr rW�/ ' I../ ' I MY..►i war^pw LOOP HASE w Iorwr. io AMA 140 Tcre .w.t, 6011RT • ii vav » ( YAD II, ..,w...e ORDANAZ , I I AT 'M M M CO.AIdMS HA.-WTt9 MTw r)Q•Jh1fr T I I ••••••...1.,NO.ai:om.,.a re.WV 0707 �\ PHASE II - •01.0 Mrlwl.1.7.T Ilk mnen2 nwa.Y.x n w e Y � 6 TAX uantf IR r.nm l \ l h - NW/YMW� .6.`\ AREA ! BRASS 1 rowans I AOn.w...s-•w.we a IAA u.Y O..o»...71NO we F. � \\ % / i .'t•IOw.N.M..MAW IOII.0.11Yf t... , c.WC I ` i 11 MAO AT...er.e.e.n.r. 1.7..oee xaa.00MAIs PHASE II e.�aw.n wrw.FWD watt 6rtA8Dti I • ...... I II• 't PHASE 1 ii_ • PH rPr,....0 i --= ---' 6RA6s w�.I.V.rrae l' PHASE It - I t 5ry. IOW.4,.01/`LA p,R['A 'A t• -1,-r E•35T1N6 V',. p men TO ,.o` '� i � j RD w�Port ,P"'& � . -�_� PHASE 1 DEVi l-C)lMENT �, ..cp... i ...... ►� Ge IU a PLAN j '� &RAC , ' (e, TlIS ,I ....� } 1 dtNb'NY y�yy ,, I •s I DOM, I I ec Ij .RAN \ 6RAN HUGHES _� �_.,, ,, �_ • • �, .�,_i►_1.--- �` —..i_ ASSOCIATES • awonoww.w+ Development Plan For �--' '°O7 RCHITECTS , Round Hill School I r r EE i ��i I �j ti" r —^GRAPHIC SCALE :blink •en a.wu.w.;•C..wiufuur i I � I F •� ..lot, 'InTh6.icbilnu .w. 2020 Oakland Blvd. NW Roanoke. Virginia I Iii ,.;a, ■ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 Trr ti 2 4, , y 5021 °,Ir . 4517 yry o co ^ 111 y ) N^ ?'s w ' y o �:' r,i ,, �o ^y° ry^ h�0 h 0 .‘,, ..% ^y y ^ y • ry ^y^ oy , yh saw'.. .40400 0••4°0•• O°•°•°•� 00°0°.11 u•90°O�'•••••j°°.°°41 j 1••04.40 0°•••4•.0••••••4*•,►°°°°°044.440°04° °*O°04.°•0.• i°i°••A■••••4°:4#':••°:I:°:•••i°i°. 400°0°0000 °°°°0•0°0 o°O°i°i°°'O°i°i°.V.* O°4°4°.•"•••••44-c- .1.;,. o•...•4 4O°�O�O�O�O�O�O°r:�0�:,:�:.41,�•E.0 ` boo`° . .. #••0,°i�••• -•1• O�O�O•O i�0�•0•0�°��i*0*0°44•°0 rye.•• a®:%•••••�••:• :•iii':°o•••••:••••••••4049••••••*••••4°'.1 ? 1t boa t, •0 40404.440•°0404.40404044044040°.•O 04•••• 4040i�0i°4�0i°i0004•••% ry� C�` �o'•;, 4....O•i•0•°�O.O.°•0.0••• q•••••I°°O.O°�i•O.O•X40•°•O••404�i°°4•4°44.0°i'00°i'O°00°4°i'O°°i'°°°°O'i°O'i°!o4 ° 444444 � ,,o►Off►•O°040°°•°•O°4°00°0•'•°404 .t•> .o :a•••,04•••�°4r°i.°i°°O'i'O°• O° . _•,,,,�,,,.•• 4:0::°�:°:�°:°:°JOiI.ALO'i•K°0�0i'-40.AAA.0 i0:0°Oi°e°:::0:0:0:40•' ryN� °1�° '\ 21• !4 •44$7•••••••:••••444�•••••�° °:'::':°O: ° :::::•��:°0�4°+°°4•°i:i�'::°:'°0:°:°4• .pry° `�a a`. ,�^`° %400 •••e•••°••••°•O•O•O••••• ••0.0•• •••••�i•0�0�0 ice°• ••414•0 ^� ry^ ry^ bo ^h•`°•d�:°i°:°:°i•°:° :•°•:°:• ••••4•••••••••••••••••••••••••:i'% The Roanoke Times • Roanoke, Virginia PUBLIC KARIN Affidavit of Publication WINE The Council of City of Roanoke will hold a public The Roanoke Times hearing on Tuesday, February 19,2013,at :00 + p.m., or es soon Cmallet may be heard,In the ouncil Chamber,fourth floor,In the Noel C.Taylor ROANOKE CITY SCHOOL BOARD Municipal Building,215 ROANOKE CITY SCHOOL BOARD Church Avenue, SW, Roanoke, Virginia, to 40 DOUGLAS AVE NW Anwaewelen imRoanoke ROANOKE VA 24012 City School Board to amend the planned Unit Development plan on property located at 2020 Oakland Blvd., H,W., bearing Official Tax Na. REFERENCE: 82047899 1160102, to permit enlargement of the existing 13226773 NPH-Roanoke City Sch elementary school previously rezoned to Institutional Planned Unit State of Virginia during the comprehensive rezoning by the adoption of City of Roanoke Ordinance 37269-120505, on December 5,2005. The land use categories I, (the undersigned) an authorized representative pbVldteedoaetrhe INPUDD of the Times-World Corporation, which corporation ilimmodatiens and group g; u mercial: is publisher of the Roanoke Times, a daily a ass eimmb l y pand lc newspaper published in Roanoke, in the State of instituticeal and community 140111lles;transportation: Virginia, do certify that the annexed notice was l uumy;agriculturap and published in said newspapers on the following accessory, dwemaximum li n dates: area'oThe'como ehemme, plan designates the property for institutional .use. The proposed use of the pro arty is educational !fad NIP s, Is middle/secondary. The ter, developrept is hewn in abases and City/County of Roanoke, Commonwealth/State of expands the approximately 38,000 square foot Virginia. Sworn and subscribed before me this footprint of the existing school towards the rear o \atitay of February.2013 . Witness my hand and t eeoiiie ice uoeo official seal. footprint in Phase l and to approximately 81,900 V square ford footprint in otter Public vhase u, removes the Y existing modular [inswoms, and adds end adjacent uil dice bide e T heM of Me halt i og liana application Is available for City l the Room 5.N City Clerk, for ur„ Room Municipal Noel C. ,215 Church pvl BW, a,ok y xP.?,YMq� ,, VA. Al Ave.SW,Roanoke,interest PUBLISHED ON: 02 Ol 02 O8 an,citizens iapear on / / 'e• 0 and above date and be j S,.' ZPP P z the d nth date end hey . N2 JG o - person with a matter. Any - Cr •' P0 ,I3 00 : a - requiring ter disability - m O #� \SSf0' 1 z = accommodation to attend `paMGpate in Ws hearing -:* .*-C?. M�OE RS •J should Contact the S 0 Thursdayf noon on detee of• TOTAL COST: 635.28 ' O mehaming listed above. �''.r'�°NWiNtl ;\ GIVEN under my handmis FILED ON: 02/13/13 29th day ef January,3013 Stephanie M.Moon,!AMC + CityCNM --- _ (132267731 Authorized iLA/ a 04 Signature: ,/�, 0, 66- , Billing Services Representative 1 1 It PUBLIC HEARING NOTICE The Council of the City of Roanoke will hold a public hearing on Tuesday, February 19, 2013, at 7:00 p.m., or as soon as the matter may be heard, in the Council Chamber, fourth floor, in the Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia, to consider the following: An application by Roanoke City School Board to amend the Planned Unit Development Plan on property located at 2020 Oakland Blvd., N.W., bearing Official Tax No. 2250102, to permit enlargement of the existing elementary school previously rezoned to Institutional Planned Unit Development Plan (INPUD), during the comprehensive rezoning by the adoption of Ordinance 37269-120505, on December 5, 2005. The land use categories permitted in the INPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,800 square feet of lot area. The comprehensive plan designates the property for institutional use. The proposed use of the property is educational facilities, elementary/middle/secondary. The proposed development is shown in phases and expands the approximately 38,000 square foot footprint of the existing school towards the rear of the site to an approximately 55,000 square foot footprint in Phase I and to approximately 81,900 square foot footprint in Phase II, removes the existing modular classrooms, and adds parking adjacent to the side and front of the building. The application is available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Ave. SW, Roanoke, VA. All parties in interest and citizens may appear on the above date and be heard on the matter. Any person with a disability requiring any special accommodation to attend or participate in this hearing should 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 2 9th day of January , 2013. Stephanie M. Moon, MMC City Clerk Notice to Publisher: Publish once in the Roanoke Times on Friday, February 1 and Friday, February 8,2013. Send affidavit to; Send Bill to: Stephanie M. Moon, MMC, City Clerk Bernardo Hernandez 215 Church Avenue, S.W., Room 456 Roanoke City School Board Roanoke, VA 24011 40 Douglass Avenue, N. W. (540) 853-2541 Roanoke, Virginia 24012 (540) 853-6363 AFFIDAVIT APPLICANT: Roanoke City School Board LOCATION: 2020 Oakland Blvd, N.W., tax no. 2250102 REQUEST: Amendment of Planned Unit Development COMMONWEALTH OF VIRGINIA TO-WIT: CITY OF ROANOKE The affiant, Rebecca Cockram, 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 28th day of December, 2012, notices of a public hearing to be held on the 17th day of January, 2013, on the request captioned above to the owner or agent of the parcels as set out below: Tax No and Owner's Name and Address 2141401 OSNEL ALEXANDRE 1242 PLEASANT VIEW AVE NW ROANOKE VA 24012 2141201 TAYLOR EMMETT W&AUDREY S 1241 PLEASANT VIEW AVE NW ROANOKE VA 24012 2141101 FULTON BETTY S 1242 GREENHURST AVE NW ROANOKE VA 24012 2140720 POWELL SHIRLEY M 1241 GREENHURST AVE NW ROANOKE VA 24012 2140719 PIERSON SAMUEL GEORGE 3544 VALLEY VIEW BLVD NW ROANOKE VA 24012 2250105 TRUSTEES OF VALLEY VIEW WESLEYAN CHURCH 2302 OAKLAND BLVD NW ROANOKE VA 24012 2250117 C/O REALTY INCOME CORPORATION REALTY INCOME PROPERTIES 9 LLC 600 LA TERRAZA BLVD ESCONDIDO CA 92025 2250101 % TARGET CORP T 1162 DAYTON HUDSON CORPORATION PO BOX 9456 MINNEAPOLIS MN 55440 2250109 STAPLES THE OFFICE SUPERSTORES EAST INC PO BOX 9271 FRAMINGHAM MA 01701 2250106 % BEST BUY PROPERTY MANAGEMENT SEVEN 0 ONE HIGHWAY LLC 7601 PENN AVE S RICHFIELD MN 55423 Notices sent to: David Campbell, President Grandview Area Neighborhood Watch 2536 Ravenwood Ave NW Roanoke, VA 24012 Jeff Parrish 2521 Ravenwood Ave NW Roanoke, VA 24012 Dustin Akers 2049 Windsor Ave SW # 9 Roanoke, VA 24015 , ,Q , _ _ Rebecca tCCocckrraam SUBSCRIBED AN II SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28 d.y of Dece • •er, 2012. 1S4C. A. Notary Public CANDACE R. MARTIN NOTARY PUBLIC Commonwealth of Virginia Reg xpires fl,`�N�/6 My Commission Expires // �/ CITY OF ROANOKE t OFFICE OF THE CITY CLERK • -1 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone; 0 851-5 501 Fax (540)85 E-mail Berkgr oanekev a.go v STEPHANIE M.MOON,MMC JONATHAN K CRAFT City Clerk Deputy City Clerk February 8, 2013 CECELIAT.WEBB Assistant Deputy City Clerk Roanoke City School Board Attention: Bernardo Hernandez 40 Douglass Avenue, N.W. Roanoke, Virginia 24012 Dear Mr. Hernandez: 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 Tuesday, February 19, 2013, 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 Roanoke City School Board to amend the Planned Unit Development Plan to permit enlargement of Round hill Elementary School located at 2020 Oakland Blvd., N. W., to permit parking adjacent to the side and front of the building. 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 February 19th public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, , Stephanie M. Moon, MMC City Clerk SMM:ctw Enclosure CITY OF ROANOKE ea OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 tE.c Roanoke,Virginia 24011-1536 ` 1 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: elerk@aroanokeva.gov JONATHAN E.CRAFT STEPHANIE M.MOON,MMC Deputy City Clerk City Clerk February 8, 2013 CECELIA T.WEBB Assistant Deputy City Clerk To Adjoining Property Owners 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 Tuesday, February 19, 2013, 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 Roanoke City School Board to amend the Planned Unit Development Plan to permit enlargement of Roundhill Elementary School located at 2020 Oakland Blvd., N.W., to permit parking adjacent to the side and front of the building. 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. Sincerely, �. 1 Step Mroon, MnV OY City Clerk SMM:ctw CITY OF ROANOKE /1 OFFICE OF THE CITY CLERK - 215 Church Avenue, S.W.,Suite 456 13.7 Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECELIA T.WEBB Assistant Deputy City Clerk February 20, 2013 Christopher Morrill, City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Ordinance No. 39599-021913 authorizing the conveyance of a permanent five (5) foot Building Maintenance and Access Easement across City-owned property, located at 335 Campbell Avenue, S. W., Roanoke, Virginia, to Star City Lofts, LLC; upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, February 19, 2013; and is in full force and effect upon its passage. Sincerely Stephanie M. Moon, MMQ� City Clerk Enclosure pc: C. Cooper Youell, IV, Agent, Whitlow & Youell, PLC, 26 West Kirk Avenue, Roanoke, Virginia 24011 Daniel J. Callaghan, City Attorney Ann H. Shawver, Director of Finance Steve Talevi, Assistant City Attorney Susan Lower, Director, Real Estate Valuation V)-(j IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of February, 2013. No. 39599-021913. AN ORDINANCE authorizing the conveyance of a permanent five (5) foot Building Maintenance and Access Easement across City-owned property, designated as Official Tax Map No. 1010829, located at 335 Campbell Avenue, S.W., Roanoke, Virginia, to Star City Lofts, LLC; upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held February 19, 2013, pursuant to §§ 15.2-1800 and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed deed of reservation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: I. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of a permanent five (5) foot Building Maintenance and Access Easement across City-owned property, designated as Official Tax Map No. 1010829, located at 335 Campbell Avenue, S.W., Roanoke, Virginia, to Star City Lofts, LLC, in order for Star City Lofts, LLC, to maintain, access, and repair a certain multi-story structure to be used by Star City Lofts, LLC, as an apartment building and to allow certain window wells to be constructed and maintained on the structure on the adjoining privately owned parcel of real estate designated as Official Tax Map No. 1010832, located at 327 Campbell Avenue, S.W., Roanoke, Virginia, owned by Star City Lofts, LLC, as more particularly set forth in the City Council Agenda Report dated February 19, 2013. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter,the second reading of this ordinance by title is hereby dispensed with. ATTEST: C O-Building Maintenance&Access Easement to Star City Lofts,LLC.2-19-2013 s6R'V 11 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 19, 2013 Subject: Request from Star City Lofts, LLC for a Building Maintenance and Access Easement on City Owned Property located at 335 Campbell Avenue, S.W. Background: Star City Lofts, LLC is the developer of property located at 327 Campbell Avenue, S.W. (Official Tax Map No. 1010832) which involves the rehabilitation of a warehouse/garage facility formerly owned by the Kazim Temple Corporation into a mixed use building which will contain twenty two apartment units and one live/work space. The building's western facade is located on the property line adjoining City-owned property which contains the Campbell Avenue Parking Garage located at 335 Campbell Avenue, S.W. (Official Tax Map No. 1010829). In order for Star City Lofts, LLC to construct two window wells in the western building facade to facilitate the creation of residential units, and to have the ability post construction to maintain and access the western facade of the building located on the property line, Star City Lofts, LLC has requested that the City grant a five (5) foot wide permanent building maintenance and access easement to Star City Lofts, LLC.. Such easement would be approximately ninety (90) feet in length along the property line. A proposed deed of easement and related exhibit are attached for City Council's review and consideration. Considerations: The granting of the easement will facilitate the rehabilitation of a building in downtown and provide for a means to properly access and maintain the building's western facade in the future. The granting of the easement will have no adverse impacts on the City's operation or maintenance of the adjacent Campbell Avenue Garage facility. For the foregoing reasons and given the steep topography of the proposed easement area, the easement would be granted for the nominal consideration of $1 .00. A public hearing is required for the consideration of granting the requested easement. Recommended Action: Following a public hearing, authorize the City Manager to execute the appropriate documents granting a permanent building maintenance and access easement, for nomin. co' sideration, as described above to Star City Lofts, LLC, such easement shall •. . ov:d as to form by the City Attorney. / Christopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Debbie Moses, Parking Administrator Cassandra Turner, Economic Development Specialist S NOIES S R45r36'E 114.>r' � AVENUE., S.IPA 7. IIIS MWIYIS AST LOCOED NMI lIE LAOS OF A 100 ?EAR P1000 BOUNDARY AS OESONARD BY PEVA MS OPMfN IS BASED QY AN M'9'EC,Hw • OF THE FLOiM NA/RANCE RAZE MAP AND HAS am MIMEO BY ACTUAL FELD EIEYAUNS SEE COMMUNITY PANEL 1510130 0046 0. MP 15116M015116M01640,TX/1010808 ` 4.000 ZIE•X,NATO 5EP 24 2W7.RAY L 1103E1 e I T 189M & 2 7165 PLAT WAS PREPARED NMNT VE RENEW OF A BANDIT VILE REPORT AND Mil MAY DOSING BIaMENANLES NNW AFFECT TIE PART LOT IS SON B . TAX #1010829 J a L R PREPERTY FIAT ARE NOT SHORN Ik7EdL RORER MAP �1. CITY I; a MS PLAT R BARD ON A CURRENT HEM SHEET: OF ROANOKE 3I I @k 4. DC PURPOSE CF MS PLATS rD CREAE THE NEW 5'BLURS �. INSTRUMENT 060017893 i YANIDW CE aseveIr(460 SF.)LOCATED Y TAX 17070829(PANEL A) I,•ro PARCEL A AND LS FOR VE BMW OF TAX npNLWiz PROPERTY OF STAR air LOFTS ' LEO VCR PLAT DOES NOT COYSFNIE A BOUNDARY, PHYSICAL.MWRO%e ENT IA.H. 1, PG. 3165-3160 ' OR Nr6mAPNC SNLEY. —A �: � uwceElr PA in s O5YB'IY W L S $07&AMYPOPPOSES NO7 ALL PHYSCAL MWROVEMBBS TO THE /338' ASECr ARMIES ARE SHORN IEREW. N 8471'45 _ © r2zY ALLEY wPt,Tlt as c N 6439'44•E Ex o�Hat a RAC xA4 >y o 1560' DOSING 5 STONY .6 •• - - - - — LEGEND gp PARKINS GARAGE (2-0 al - L_ MAP BOOK o IDELZLE 5 PO i N8817544.E i•4o TAX p01MU SF. SQUARE FEET > EX. EXISFNG No. 1754 Ia (8-CJ IA. i,'q L SFAR CITY WEIS LW R1 30 R/W RIGHT-OF-WAY 8'- %L"-:y .;I N^' 9 PART LMO'WR MM°Nd Cl'vb sLR[Na'. NEW 5'BUILDING TAN porafin • MAN/ENANCE EASEMENT ^>I O 1 B • THREE PONY SEVEN —460 S.F. (HATCHED AREA)— m "d G N''"N^ PLAT SHOWING OW UMPont, LW (CORNERS A THRU C F7 1 TO A) $ARV.8+ "�i' �' NEW 5' BUILDING MAINTENANCE EASEMENT E. WSIRUUENT 060001549 -. - 1�$C LOT 1St SW. e = COMM -'" a)' LOCATED ON PIE PROPERTY OF ° RORER MM u G! ? THE CITY OF ROANOKE 2 INSwman•p000419.3 � NA Mt �� 1t _ _ (MB. 7, PG 3765-3166) 14a15' ,� Ex RN vex GRAPHIC SCALE BEING GRANTED TO I5a I5' n STAR CITY LOFTS, LLC - _ �. 5 84'39'44'w (79TH.) 40' 0 40' CAMPBELL AVENUE, S.W. I SITUATED AT#335 CAMPBELL AVE.. S.W. (66'R,%Y) SCALE: Y = 40' ROANOKE, VIRGINIA 24 _ LUMSDEN ASSOCIATES, P.C. DATE! January B,2013 • ENGINEERS-SURVEYORS-PLANNERS 4060 nRUn3LErory AVENUE NON n9-0bu ' P.O.50X 20659 FAX:(540)%R-9445 COMAE NO.: ROANOKE,VIRGINIA 39018 E-MAIL:MAIL @LUMSUENPC.COM 2013-0038 t. ROANOKE, VIRGINIA SCALE: r=4a ■ o E'i .o i!- F l i1 I a k_ !{ .ns Fri hi 1: II! Tio .. to Iio_ NMI u pip rio co N •Ib'-031R��_ _ _ _ _ LL i.QSFFLOOR Li_, ; FLOOR O Qu Z o r �O ilddi IJ�I �--• az i� us an c.� m INTERLOCKING RETAINING O O 0 WALL BLOCKS \ I w 'sown 0.FlRR FLOOR �� NBW WINDOW Inn Ill ziii±ta- ^r n S9-33H X� a, L-Fl• 10'-7IN' a-ir J,V-I Lla"t -I6'-13/4' 0 ____1_ M1N me,6F. T.D.BASBALNi FLOOR FA OWEST ELEVATION SK.02 Prepared by: David L. Collins Assistant City Attorney TSB S426i3 Office of the City Attorney Noel C. Taylor Municipal Ru11ding 215 Church Avenue, S.W., Room 464 Roanoke, VA 24011 DRAFT Exemption claimed: Grantor and Grantee are exempted from recordation taxes and fees pursuant to§ 5R.1-11A(3)and C(4),Code of Virginia. Prepared by the Office of the City Attorney Official Tax No. 1010829 Property Owner: City of Roanoke,Virginia THIS DEED OF EASEMENT is entered into this day of ,2013,by and between the CITY OF ROANOKE,VIRGINIA,a municipal corporation organized and existing under the laws of the Commonwealth of Virginia("Grantor"),and STAR CITY LOFTS,LLC,a Virginia limited liability company("Grantee"), WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of land located in the City of Roanoke, Virginia, designated as Tax Map No. 1010829; WHEREAS, Grantee is the owner of that certain parcel of land located in the City of Roanoke, Virginia, designated as Tax Map No. 1010832; WHEREAS,Grantee desires Grantor to convey Grantee a permanent building maintenance and access easement across a portion of Grantor's property,to use to maintain,access, and repair a certain multi-story structure to be used by Grantee as an apartment building or other dwelling for residential purposes("Structure")located on Grantee's property,and to allow certain window wells t to be constructed and maintained on the Structure,which window wells shall encroach into the area of the easement; and WHEREAS,Grantor desires to convey an easement to Grantee for such purposes,upon the terms and conditions stated below. NOW THEREFORE, THAT FOR AND IN CONSIDERATION of the sum of ONE AND NO/100 DOLLARS ($1.00),cash in hand paid by the Grantee to Grantor,receipt of which is hereby acknowledged, and the above recitals which are incorporated by reference herein,Grantor does hereby GRANT AND CONVEY to Grantee,a permanent building maintenance and access easement,for the purpose of accessing,maintaining and repairing the Structure located on Grantee's property designated as Tax Map No. 1010832, including the construction and maintenance of certain windows wells to be constructed on the Structure and which shall encroach into the area of the easement,said easement being over,through and across real estate lying in the City of Roanoke, Virginia, bearing Tax Map No.1010829, and being more particularly described as follows: A PERMANENT BUILDING MAINTENANCE AND ACCESS EASEMENT containing 460 sq. ft, more or less, designated as "New 5' Building Maintenance Easement" as shown on the attached plat entitled "Plat Showing New 5' Building Maintenance Easement Located on the Property of the City of Roanoke Tax No. 1010829-Parcel A(M.B. 1,PG. 3165-3166) Being Granted to Star City Lofts, LLC, Situated at No. 335 Campbell Ave., S.W." dated January 8, 2013, prepared by Lumsden Associates, P.C., a copy of which is attached hereto as Exhibit A and incorporated by reference herein. As part of the rights conveyed by this easement, Grantee shall be allowed to construct and maintain no more than two(2)window wells located on the Structure that shall encroach into the area of the easement. The parties acknowledge and agree that such window wells will encroach no more 2 than 4' from the Structure, as further shown on the drawings attached as Exhibit B, which are incorporated herein by reference. Grantee further acknowledges and agrees that: I. Grantee agrees to indemnify, keep and hold the Grantor and its officers,employees, agents, volunteers and representatives,free and harmless from any liability on account of any injury or damage of any type,to any person or property,growing out of or directly or indirectly resulting from any actor omission of Grantee,negligent,intentional or otherwise,arising out of this easement, including but not limited to,(a)Grantee's use of the easement conveyed herein;(b)the exercise of any right or privilege granted by or under this easement,including encroachment of the window wells into the easement;and (c)the failure,refusal or neglect of Grantee to perform any duty imposed upon or assumed by Grantee under this easement or by applicable law. In the event any suitor proceeding shall be brought against the Grantor or any of its officers,employees, agents,volunteers or representatives at law or in equity, either independently or jointly with Grantee on account thereof, Grantee, and Grantee's contractors,or subcontractor's, agents, or assigns, upon notice given to it by the Grantor or any of its officers, employees,agents,volunteers or representatives,will pay all costs of defending the Grantor or any of its officers,employees,agents,volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the Grantor or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Grantee, then Grantee will pay such settlement or judgment in full or will comply with such decree,pay all costs and expenses of whatsoever nature and hold the Grantor or any of its officers,employees,agents,volunteers or representatives harmless therefrom. 2. Grantee shall repair and restore any damage to Grantor's property, at Grantee's 3 expense,caused by Grantee's,or Grantee's contractors,agents,and assigns,exercise of its rights under this easement. Grantee recognizes that there are sewer laterals located under the Grantor's property, and that Grantee shall take no action to interfere with, remove, or relocate such sewer laterals, or otherwise damage such laterals. 3. In the event that the Structure(i.e. the multi story building existing on Grantee's Property,designated as Tax Map No. 1010832,as of the date of this easement)is ever demolished,the easement granted herein shall extinguish automatically and revert to Grantor without any additional action required by the parties. 4. Grantee may only use the easement herein granted for the purpose of maintaining, repairing, and construction of the Structure and the window wells on the Structure, and for no other purpose, including, but not limited to, storing equipment or other personal property in the area of the easement or constructing any property within such easement. Grantee shall not bring any hazardous substances, as that term is defined under applicable state, federal, or local law, into the area of the easement. 5. The easement conveyed by Grantor herein only conveys surface rights to Grantee,and does not convey or include any subsurface rights to Grantor's property. Provided, however, that Grantee shall be entitled to perform certain excavation work limited to removing the amount of soil necessary to install, construct, and maintain the window wells on the Structure, within the area of the easement. 6. Grantee shall obtain and maintain,at its sole expense,the insurance policies as set forth below. Any required insurance policies shall be effective prior to the beginning of any work or other performance by Grantee under this Agreement. The following policies and coverages are required: (A) Commercial General Liability. Commercial General Liability insurance, 4 written on an occurrence basis,shall insure against all claims,loss,cost,damage,expense or liability from loss of life or damage or injury to persons or property arising out of Grantee's and Grantee's agent and contractor's, performance under this Agreement. The minimum limits of liability for this coverage shall be$1,000,000 combined single limit for any one occurrence. (B) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth in the preceding section of this Agreement. (C) Workers' Compensation. Workers' Compensation insurance covering Grantee's contractors, statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Agreement. Minimum limits of liability for Employer's Liability shall be$100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, Grantee's contractor, shall waive rights of subrogation against the Grantor, its officers, employees, agents, volunteers and representatives. The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $1,000,000. Should an umbrella liability insurance coverage policy be used,such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this section, and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Grantee, and Grantee's contractor, to the Grantor. All insurance shall meet the following requirements: 5 (A) Grantee shall furnish the Grantor a certificate or certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. Certificates of insurance shall include any insurance deductibles. (B) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered,except after thirty(30)days written notice has been provided to the Risk Management Officer for the City of Roanoke." (C) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees,agents,volunteers and representatives as additional insureds. (D) Where waiver of subrogation is required with respect to any policy of insurance required under this Section, such waiver shall be specified on the certificate of insurance. (E) Insurance coverage shall be in a form and with an insurance company approved by the Grantor which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Agreement shall be authorized to do business in the Commonwealth of Virginia. 7. This easement and its terms and conditions shall run with the land, and is made binding on Grantee's successors and interests in title. WITNESS the following signatures and seals: SIGNATURES TO FOLLOW 6 GRANTOR: CITY OF ROANOKE, VIRGINIA By (SEAL) Christopher P. Morrill, City Manager COMMONWEALTH OF VIRGINIA ' To-wit: CITY OF ROANOKE The foregoing instrument was acknowledged before me this_day of 2011, by Christopher P. Mon-ill, the City Manager of the City of Roanoke, Virginia, for and on behalf of the City. My Commission expires: Notary Public Registration No. 7 GRANTEE STAR CITY LOFTS, LLC, a Virginia limited liability company By Printed Name: Title: COMMONWEALTH OF VIRGINIA To-wit: The foregoing instrument was acknowledged before me this_day of 2013,by the of Star City Lofts, LLC,for and on behalf of such company. My Commission expires: Notary Public Registration No. 8 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times + d parcel of real estate COUPER YOUELL designated as Official Tax Map No ampbell2,Avenu 26 KIRK AVENUE, S.W. NOIRE OF PUBLIC e, SW.,Roanoke,Virginia. 611 JEFFERSON, LLC REARING d by Star city lofts, ROANOKE VA 24016 LLC. ursuant to the The City of Roanoke Vuirement8 t proposes to grant a SS20-,1800an0 $181a, permanent flue(5)tool ameed,'notic Ish0r,by Building MalMgtapro and that notice Is hereby Access Easement across of that the City Council REFERENCE: 80178880 f the City of Roanoke will City-own ed property wee a public'wringer,the 13231454 NOTICEOFPUBLICHEARIN I Identified by Official Tax above matter at its regular Map No.1010829,located to be held on 1335 Campbell Avenue,. Feb,meeting ue ry 19, 2013, at 335 Roanoke.Virginia, n' rimming at 7:00 p.m., State of Virginia starcity Lutq,LLC,In order db the, alter tithe Mr Star City Lofts,LLC,to ;fitter me be Lard,In the City of Roanoke maintain,ate.and repair Council 1hambers, 4m a certain m ltl-story Floor, Noel C. Taylor structure to be used by Star MuMapa Building,215 I, (the undersigned) an authorized representative city Lofts, LLC, as an Church Avail use. s.w., 9 P apartment building end m Roanoke,vbglnla.Further of the Times-World Corporation, which corporation ilowLeuuaweoroewus Information is available is publisher of the Roanoke Times, a daily mamtaine wihestructn Clerkfor thelCityC1of P }' on the adjoining privately Roanoke at (540) newspaper published in Roanoke, in the State of j 853.2541 Virginia, do certify that the annexed notice was opowunnayto beltneard and published in said newspapers on the following eaIaw�heir opinions on r. dates: n you are a person with e accommodations for needs i hearing Please contact Me City Clerk's Office at(540) 8532541,before 12:00 noon on February 14,2013. GIVEN under my hand this 5th day of February. City/County of Roanoke, Commonwealth/State of 20Stephanie M. Moon. Virginia. Sworn and subscribed before me this Mmc,City clam. May of February.2013 . witness my hand and 113231454) official seal. Se ..a. \ ).... Notary Public Q NOSPaG PUBLISHED ON: 02/08 S Q ' PVi ap930 '• e .01 cc,oN iP � CMh _ * M7 CI3���vA*�SL" '\'o;n'yO,N..T. s\ F: TOTAL COST: 282 .72 " "'' FILED ON: 02/13/13 + Authorized ((/I —(69 Signature: g. 0 Ce-, Billing Services Representative bar?iwa hi a�1_T,)f',I ,;.lI3 NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant a permanent five (5) foot Building Maintenance and Access Easement across City-owned property identified by Official Tax Map No. 1010829, located at 335 Campbell Avenue, S.W., Roanoke, Virginia, to Star City Lofts, LLC, in order for Star City Lofts, LLC, to maintain, access, and repair a certain multi-story structure to be used by Star City Lofts, LLC, as an apartment building and to allow certain window wells to be constructed and maintained on the structure on the adjoining privately owned parcel of real estate designated as Official Tax Map No 1010832, located at 327 Campbell Avenue, S.W., Roanoke, Virginia, owned by Star City Lofts, LLC. Pursuant to the requirements of§15.2-1800 and §1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on February 19, 2013, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at(540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on February 14, 2013. GIVEN under my hand this 5th day of February , 2013. Stephanie M. Moon, CMC City Clerk. PH-Deed of Easement-Star City Lolls,LLC Send Publisher's Affidavit to: Send Bill to: City Clerk C. Cooper Youell, IV Noel C. Taylor Municipal Building, Whitlow &Youell, PLC Room 456 P. O. Box 779 215 Church Avenue, S.W. Roanoke, VA 24004 Roanoke, VA 24011 (540) 904-7836 PH-Deed of Easanao-Star City dons.I I.0 01 CITY OF ROANOKE 1 a ' OFFICE OF THE CITY CLERK it: _ 215 Church Avenue,S.W., Suite 456 ic Roanoke,Virginia 24011-1536 ----'t Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT City Clerk Deputy City Clerk CECEL.IAT.WEBB Assistant Deputy City Clerk February 13, 2013 Aubrey Knox, Manager Pheasant Ridge Apartments, LLC 4423 Pheasant Ridge Road, S. W. Roanoke, Virginia 24014 Dear Ms. Knox: This will acknowledge receipt of your communication dated February 12, 2013, requesting that the public hearing scheduled to be heard by Roanoke City Council on Tuesday, February 19 regarding the request of Pheasant Ridge Apartments, LLC, to amend the Planned Unit Development Plan to permit construction of apartment units instead of condominiums previously permitted by the Mixed use Planned unit Development Plan.(MXPUD), as set forth in Ordinance Nol. 37789-052107 adopted by City Council on May 21, 2007, be tabled until its meeting on Monday, March 18, 2013 at 7:00 p.m. Since the City Planning Commission has granted your request for a continuance until March 12, your request has been approved and will be shared with the Council. If you should have any questions or need additional information, please do not hesitate to contact me. Sincerely, xntal)•n - Stephanie M. Moon, MMC City Clerk Aubrey Knox February 13, 2013 Page 2 pc: Paul Andrew and Joy Faye Paige, 4323 Griffin Road, S. W., Roanoke, Virginia 24014 PR Homes, LLC and Griffin Road, LLC, 4423 Pheasant Ridge Road, S. W., Suite 301, Roanoke, Virginia 24014 DNAL Holdings I, LLC, 4423 Pheasant Ridge Road, S. W., Suite 301, Roanoke, Virginia 24014 Carolyn D. and Henry J. Claytor, Jr., 4350 Griffin Road, S. W., Roanoke, Virginia 24014 Trustees of First Baptist Church, 310 N. Jefferson Street, N. W., Roanoke, Virginia 24016 Richard B. Webb, Jr., 4372 Griffin Road, S. W., Roanoke, Virginia 24014 Stellar One Bank, Attn: Sonya Simpson — Asset Resolution, P. O. Box 600 Christiansburg, Virginia 24068 Ruby Marie Muse, 4422 Van Winkle Road, S. W., Roanoke, Virginia 24014 Terry Leo Edwards, 4437 Van Winkle Road, S. W., Roanoke, Virginia 24014 Roanoke IL Investors, LLC, 4423 Pheasant Ridge Road, S. W., Suite 301, Roanoke, Virginia 24014 Brixmor GA Apollo I Sub Holdings, LLC, 4410 Franklin Road, S. W., Roanoke, Virginia 24014 Pheasant Ridge Office Buildings, LLC, 4423 Pheasant Ridge Road, S. W., Suite 301, Roanoke, Virginia 24014 Ventas Pheasant Ridge, LLC, 10350 Ormsby Park Place, Suite 300, Louisville, Kentucky 40223 The Honorable Mayor David A. Bowers and Members of Roanoke City Council Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Phillip Schirmer, City Engineer Ann H. Shawver, Director of Finance Susan Lower, Director of Real Estate Valuation R. Brian Townsend, Assistant City Manager for Community Development Christopher Chittum, Director, Planning Building and Development Katherine Gray, Land Use and Urban Design Planner Robert Clement, Neighborhood Services Coordinator Rebecca Cochran, Secretary, City Planning Commission Pheasant Ridge Apartments, LLC 4423 Pheasant Ridge RD SW, Roanoke,VA 24014 540.774.7762 Tuesday, February 12, 2013 The City of Roanoke Katharine Gray 215 Church Avenue Roanoke VA 24011 Dear Katherine, Pheasant Ridge Apartments would like to ask for a continuance until the Planning Commission Meeting on March 12th and the City Council Meeting on March 18th due to the traffic study. Thank you, EKOwda'T T Rid=_T',id3131.113