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HomeMy WebLinkAboutCouncil Actions 07-21-14 ROSEN 39997-072114 art ROANOKE CITY COUNCIL REGULAR SESSION JULY 21 , 2014 2:00 P.M. CITY COUNCIL CHAMBER AGENDA 1 . Call to Order--Roll Call. The Invocation was delivered by The Reverend Kenneth P. Lane, Pastor, Trinity Lutheran Church. Mayor Bowers called for a Moment of Silence in memory of the Honorable Joseph M. Clarke, II, Judge, Roanoke Juvenile and Domestic Relations District Court, who passed away Friday, July 18,2014,while visiting Peru. The City Attorney was instructed to prepare the appropriate measure memorializing the late Joseph Clarke. 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 3 on Thursday, July 24 at 7:00 p.m., and Saturday, July 26 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 1 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. 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. 2 THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING EXPIRATIONS OF TERMS OF OFFICE: BUILDING AND FIRE CODE BOARD OF APPEALS — THREE VACANCIES (TWO-YEAR TERMS OF OFFICE ENDING JUNE 30, 2016) CITY OF ROANOKE PENSION PLAN, BOARD OF TRUSTEES — ONE VACANCY (FOUR-YEAR TERM OF OFFICE ENDING JUNE 30, 2018) PERSONNEL AND EMPLOYMENT PRACTICES COMMISSION — ONE VACANCY (THREE-YEAR TERM OF OFFICE ENDING JUNE 30, 2017) ROANOKE CIVIC CENTER— THREE VACANCIES (THREE-YEAR TERMS OF OFFICE ENDING SEPTEMBER 30, 2017) ROANOKE NEIGHBORHOOD ADVOCATES — FOUR VACANCIES (TWO UNEXPIRED TERMS ENDING JUNE 30, 2015; ONE UNEXPIRED TERM ENDING JUNE 30, 2016; AND ONE THREE-YEAR TERM OF OFFICE ENDING JUNE 30, 2017) ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY — THREE VACANCIES (ONE UNEXPIRED TERM ENDING AUGUST 31, 2016 AND TWO FOUR-YEAR TERMS OF OFFICE ENDING AUGUST 31, 2018) 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Introduced Barbara A. Dameron as the new Director of Finance, effective July 22, 2014. Recognized George Warner, Producer, RVTV Channel 3, who was producing his last meeting of Roanoke City Council. 3 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. James Lynch and his son Jan Lynch appeared before Council and asked that the current hours of operation of 11:00 a.m. to 2:00 p.m., at Eureka Park Recreation Center be extended to 11:00 a.m. to 5:00 p.m. Additionally, Mr. Lynch and his son each requested that the time clock be made available so that the length of games could be limited and everyone would be afforded the opportunity to participate. Mayor Bowers asked the City Manager to follow up on the requests of the two individuals. Steven Deal had previously signed up to speak but was not present to make comments. Mayor Bowers asked the City Manager to contact Mr. Deal and to respond to his concerns. 4. CONSENT AGENDA (Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 Minutes of the regular meeting of City Council held on Monday, March 17, 2014. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C-2 A communication from Council Member Sherman P. Lea, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, being the annual performance evaluations of the Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. 4 C-3 A communication from the City Manager requesting that Council schedule a public hearing for Monday, August 18, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, for the bidding process and award of an agreement with regard to the naming rights at the Roanoke Civic Center facility. RECOMMENDED ACTION: Concurred in the request. C-4 A communication from the City Manager requesting that Council schedule a public hearing for Monday, September 15, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard, regarding the bidding process and award of an agreement with regard to the naming rights of a playground to be constructed on a portion of Elmwood Park (Official Tax Map No. 4013201) and adjacent to the Main Public Library. RECOMMENDED ACTION: Concurred in the request. C-5 Report of qualification of Jim Grisso as a City representative(City Retiree)of the City of Roanoke Pension Plan, Board of Trustees, for a two-year term of office ending June 30, 2016. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 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 Shelter Plus Care Renewal Grant Award from the U. S. Department of Housing and Urban Development to provide rental assistance and supportive services to disabled homeless individuals and their families. Adopted Resolution No. 39997-072114 and Budget Ordinance No. 39998-072114 (7-0). 5 2. Acceptance and appropriation of funds for the Urban and Community Forestry Grant from the Virginia Department of Forestry; and execution of a Memorandum of Agreement in connection therewith. Adopted Resolution No. 39999-072114 and Budget Ordinance No. 40000-072114 (7-0). 3. Acceptance and transfer of funds in connection with the Fiscal Year 2015 Edward Byrne Justice Assistance Grant from the Virginia Department of Criminal Justice Services to support the Drug Market Initiative (DMI) in the Hurt Park and Melrose neighborhoods. Adopted Resolution No. 40001-072114 and Budget Ordinance No. 40002-072114 (7-0). 4. Appropriation of additional funds in connection with the Fiscal Year 2014 Fire Programs Grant to be used by the Roanoke Fire-EMS Department. Adopted Budget Ordinance No. 40003-072114 (7-0). 5. Appropriation of Parking Fund Retained Earnings in connection with the Tower Garage Sprinkler Replacement project. Adopted Budget Ordinance No. 40004-072114 (7-0). 6. Amendment of the City Code to implement and maintain an electronic summons system, effective September 1, 2014. Adopted Ordinance No. 40005-072114 (7-0). COMMENTS BY CITY MANAGER. The City Manager shared the following comments: Recognition of City's Fleet Management • Government Fleet magazine has announced the Leading Fleets for 2014, and the City of Roanoke is among the top 50 named for this honor. • The awards program, sponsored by Ford Motor Company and Property Room, recognizes operations that are performing at a high level, particularly in fleet leadership, competitiveness and efficiency, planning for the future, and overcoming challenges. • The winning names were announced at the Honors Celebration, which took place in June at the 2014 Government Fleet Expo and Conference in San Diego, California. The 50 Leading Fleets represent the best in the industry. 6 Community Walk hoste by the Police Deparmtent: • Wednesday, July 30, 2014 from 6:00 p.m. to 7:00 p.m. • Shenandoah Village and Lansdowne Apartment Complexes • The group will meet in front of the Shenandoah Village Office at 733 29th Street to begin the walk. Elmwood Park Activities: • Blue Ridge Blues & BBQ Festival was held on Saturday, July 19, 2014 from 11:30 a.m. - 10:00 p.m. • Welcome to Elmwood Concert, featuring Sheryl Crow o Thursday, July 31, 2014 o Gates to the park will open at 4:00 p.m. o Gates to the amphitheater will open at 5:00 p.m. o Sheryl Crow takes the stage at 8:00 p.m. National Night Out: • Tuesday, August 5, 2014 • This event takes place all over the country on the first Tuesday night in August to heighten crime and drug prevention awareness; generate support for participation in local anti-crime programs; strengthen neighborhood spirit and police-community partnerships; and send a message to criminals that neighborhoods are organized and fighting back • Information about events will be updated regularly at www.roanokeva.gov/nno State of the City Address: • Friday, August 8, 2014 • Taubman Museum of Art • The public is invited to attend the Mayor's speech at 8:00 a.m. 8. REPORTS OF COMMITTEES: NONE. 9. UNFINISHED BUSINESS: a. Continuation of action on the adoption of an ordinance with regard to a request of Anthony R. Guilliams to permanently vacate, discontinue and close and approximate 974 square foot portion of the right-of-way of Sanford Avenue, S. W., extending westward from its northeastern terminus adjacent to Brandon Avenue, S. W. Adopted Ordinance No. 40006-072114 (7-0). 7 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. Council Member Price reminded of the Youth Services event to be held on Saturday, August 2, 2014, from 9:00 a.m. to 2:00 p.m., at William Fleming High School. She stated that the event was for rising 8`" Grade to 12th Grade students and would allow them the opportunity to be heard through activities and discussion groups and that breakfast and lunch would be provided. She said to call 853-2333 to register or go to www.roanokeva.qov for more information. Mayor Bowers indicated that he would like to see broadband internet brought to the City of Roanoke as soon as possible and he noted its importance to the economic development of the region. Without objection from the Members of Council, the Mayor asked that the City Manager bring a report from the August 7, 2014, meeting of the Roanoke Regional Broadband Authority to the August 18, 2014, meeting of Council and at such time indicate the other localities' desire to pursue broadband Internet service. Council Member Lea inquired about certain signs that have been displayed on an overpass bridge on Interstate 581 and he noted they pose a potential safety hazard. He asked if the signs could be removed; whereupon the City Attorney replied that a balance between the freedom of speech and safety must be struck and the he would bring a report to the August 4, 2014, Council Meeting. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. No action taken. 12. RECESS. AT 3:28 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING UNTIL 7:00 P.M., IN THE CITY COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 8 ROANOKE CITY COUNCIL REGULAR SESSION JULY 21 , 2014 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order--Roll Call. The Invocation was delivered by Mayor David A. Bowers. Mayor Bowers called for a Moment of Silence in memory of the Honorable Joseph M. Clarke, II, Judge, Roanoke City Juvenile and Domestic Relations District Court; Lin Manning, a detective, Roanoke City Police Department; and the victims of Malaysia Airlines Flight 17, respectively. 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, July 24 at 7:00 p.m., and Saturday, July 26 at 4:00 p.m. Council meetings are offered with closed captioning for the hearing impaired. 9 CERTIFICATION OF CLOSED MEETING. (7-0) A. PUBLIC HEARINGS: 1. Request of Mountain Brook Villas, LLC, to amend the Planned Unit Development Plan ("Plan")for property located at 0 Belle Avenue, N. E., and proffers pertaining to the Plan, to permit a different type of residential development, previously rezoned to Mixed Use Planned Unit Development District (MXPUD), by Ordinance No. 38287-111708 adopted by Roanoke City Council on November 17, 2008. Sean Home, Agent, Spokesperson. Adopted Ordinance No. 40007-072114 (7-0). 2. Request of Calvary Memorial Church Inc., to rezone property located at 2226 and 0 Colonial Avenue, S. W., from IN, Institutional District, to INPUD, Institutional Planned Unit Development District for use as a place of worship. Sheldon Bower, Parker Design Group, Spokesperson. Inasmuch as the request had been continued by the City Planning Commission until its next regular meeting on Tuesday,August 12,2014, at 1:30 p.m., the matter was withdrawn. 3. Request of JETR, LLC, to rezone a portion of property located at 2141 Dale Avenue, S. E., and the entire property located at 0 Dale Avenue, S. E., from CLS, Commercial-Large Site District, and CG, Commercial-General District, to MXPUD, Mixed Use Planned Unit Development District, and I-1, Light Industrial District, with conditions. Sean Home, Agent, Spokesperson. Inasmuch as the request had been continued by the City Planning Commission until its next regular meeting on Tuesday,August 12,2014, at 1:30 p.m., the matter was withdrawn. B. OTHER BUSINESS: 1. Petition for Appeal filed by Joyce Epperly, appealing the decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness for repairs at 437 Washington Avenue, S. W. The matter was postponed to the September 15, 2014, at 7:00 p.m., Council Meeting. (4-3, Council Members Lea and Rosen and Mayor Bowers voting no). 10 2. Ordinance No. 39887, on second reading, to amend the INPUD Development to permit construction of a wireless telecommunications tower in Phase I; and an office building in Phase II on property located at 1809 Franklin Road, S. W. Adopted Ordinance No. 39887-072114(4-2, Council Member Bestpitch and Vice-Mayor Trinkle voting no, Council Member Rosen having noted a personal conflict of interest, left the meeting). 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. Chris Craft appeared before Council and asked that the Zoning Permit Application process be examined and that the grass be cut along the Roanoke River. He also invited everyone to attend the "Load the Bus" event to collect school supplies at the Valley View Walmart on Saturday, July 26, 2014, from 3:00 p.m. to 7:00 p.m. D. ADJOURNMENT 10:47 P.M. 11 A ` CITY OF ROANOKE -w-r . OFFICE OF THE CITY CLERK 215 Church Avenue, S. W.,Suite 456 VOi., Roanoke,Virginia 24011-1536 '�" ' Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerkmroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk July 28, 2014 The Reverend Kenneth P. Lane Trinity Lutheran Church 4040 Williamson Road, N. W. Roanoke, Virginia 24012 Dear Reverend Lane: 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 Monday, July 21, 2014. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, Attti.v.A1/ rn• ht•A-rear-4--- Stephanie M Moon Reynolds, MMC City Clerk SMR:aa RECOGNITION OF GEORGE WARNER • George was hired as a Part-Time Production Assistant on October 3, 1995, and became a Full-Time TV Producer on September 9, 1996. • George has worked on the monthly TV Shows "Inside Roanoke" and "Roanoke County Business Partners"; and has also appeared as "Captain Roanoke" in the Citizen of the Year public service announcement. • George enjoys photography, music, and possesses a great sense of humor. • Today is George's last Council Meeting and he will be greatly missed. 1t4.�,� �� CITY OF ROANOKE CITY COUNCIL ' �. >, 215 Church Avenue,S.W. t Noel C.Taylor Municipal Building,Suite 456 4� Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 DAVID A. BOWERS Fax: (540)853-1145 Council Members Mayor William D. Bestpitch Raphael E."Ray"Ferris Sherman P. Lea Anita J. Price Court 0. Rosen David B.Trinkle July 21, 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I wish to request that Council convene in a closed meeting to discuss a personnel matter, being the annual performance evaluations of the Council-Appointed Officers, pursuant to Section 2.2-3711 (A) (1), Code of Virginia (1950), as amended. Sincerely, A -- Sherman P. Lea, Chair City Council Personnel Committee SPL:arj -�L CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 21, 2014 Subject: Request to Schedule a public hearing for the bidding process and award of an agreement with regard to the naming rights at the Roanoke Civic Center facility. Background: The City of Roanoke is the owner of the Roanoke Civic Center complex (Official Tax Map No. 3024004) located at 710 Williamson Road, N.E., Roanoke, Virginia. The City entered into a Management Agreement with Global Spectrum, L.P., dated as of January 1 , 2014 (Management Agreement) for the management and operation of the Civic Center complex. The Management Agreement permits Global Spectrum, L.P. to enter into an agreement for the naming rights of the Civic Center complex, subject to the approval by the City. Global Spectrum, L.P. is proposing an agreement for the naming rights of the Civic Center complex for a term of ten (10) years. Based on the term of this proposed agreement, Section 15.2-2100 et seq, Code of Virginia (1950), as amended, requires that the proposed naming rights agreement be advertised for bidding by the public and a public hearing be held before such naming rights agreement be authorized by City Council. Subject to City Council's concurrence in this request, a copy of the proposed naming rights agreement, the required bid form, and the proposed ordinance awarding the naming rights contract will be placed with the City Clerk for public information and review on or before July 30, 2014. The required legal advertisements will be placed in The Roanoke Times on August 4, 2014, and August 1 1 , 2014. The deadline for submittal of bids to the City Clerk from interested parties will be on Monday, August 18, 2014, at 12:00 noon. Bids received will be opened at the City Council meeting on Monday, August 18, 2014, during the 2:00 p.m. session, and referred to the City Manager for review and recommendation. The public hearing on the bids received will be held on Monday, August 18, 2014, at the 7:00 p.m. session. Recommended Action: Authorize the scheduling and advertising for bids on this matter and for the opening of bids on August 18, 2014, at 2:00 p.m. or as soon thereafter, and for the public hearing on August 18, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard. Christopher P. Morrill City Manager DJC/Isc Distribution: Council Appointed Officers Sherman Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Robyn Schon, General Manager, Roanoke Civic Center a-,A, CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 21, 2014 Subject: Request to Schedule a public hearing for the bidding process and award of an agreement with regard to the naming rights for a proposed children's playground at Elmwood Park Background: The City of Roanoke ("City") is the owner of the property known as Elmwood Park (being a portion of Roanoke Official Tax Map No. 401 3201 ) located at 706 South Jefferson St, S.E., Roanoke, Virginia. As part of the City's development and expansion of Elmwood Park, and to complement the renovation of the Main Branch of the Roanoke Public Library, the City proposes to design, construct, and install a children's playground, including playground equipment, in Elmwood Park at a location adjacent to the Main Branch of the Library. The expected cost of the children's playground is approximately $265,000.00. In order to help offset a portion of the costs of the children's playground, the City is seeking funding from a third party. In consideration for funding by such third party, the City proposes to enter into a naming rights agreement awarding the third party exclusive naming rights for the playground for a term of 10-1 5 years. Based on the term of this proposed agreement, Section 15.2-2100 et. seq., Code of Virginia (1 950), as amended, requires that the proposed naming rights agreement be advertised for bidding by the public, and a public hearing be held before such naming rights agreement is authorized and awarded by City Council. Subject to City Council's concurrence in this request, a copy of the proposed naming rights agreement, the required bid form, and the proposed ordinance awarding the naming rights contract will be placed with the City Clerk for public information and review on or before September 1 , 2014. The required legal advertisements will be placed in The Roanoke Times not later than September 1 , 2014, and September 10, 2014. The deadline for submittal of bids to the City Clerk from interested parties will be on Monday, September 15, 2014, at 12:00 noon. Bids received will be opened at the City Council meeting on Monday, September 15, 2014, during the 2:00 p.m. session, and referred to the City Manager for review and recommendation. The public hearing on the bids received will be held on Monday, September 1 5, 2014, at the 7:00 p.m. session. Recommended Action: Authorize the scheduling and advertising for bids on this matter and for the opening of bids on September 15, 2014, at 2:00 p.m., or as soon thereafter as the matter may be heard, and for the public hearing on September 15, 2014, at 7:00 p.m., or as soon thereafter as the matter may be heard. / Christopher P. Morrill City Manager DJC/Isc Distribution: Council Appointed Officers Sherman Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Steven Buschor, Director, Parks and Recreation 2 tr� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 "-' Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk®roenokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk July 22, 2014 Barbara A. Dameron, Secretary City of Roanoke Pension Plan Board of Trustees Roanoke, Virginia Dear Ms. Dameron: This is to advise you that Jim Grisso (City Retiree) has qualified as a City representative of the Roanoke Pension Plan, Board of Trustees, for a two-year term of office ending June 30, 2016. Sincerely, tStrk Stephanie M. Moon Reynolds, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Jim Grisso, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City representative (Retiree) of the City of Roanoke Pension Plan, Board of Trustees for a two-year term of office ending June 30, 2016, according to the best of my ability. So help me God. t \\s, l JI GRISSO The foregoing oath oath of office was taken, sworn to, and subscribed before me by Jim ( Grisso this 1 day of 15 u1/4.N 2014. i Brenda S. Hamilton, Clerk of the Circuit Court By ri Q c_Xlc2 e , Clerk C V . ✓ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2014. No. 39997-072114. A RESOLUTION authorizing acceptance of the Shelter Plus Care Renewal Grant Award to the City of Roanoke from the U. S.Department of Housing and Urban Development;authorizing the City of Roanoke to serve as fiscal agent for the distribution of such funds; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Shelter Plus Care Renewal Grant Award from the U. S. Department of Housing and Urban Development,in the amount of$192,619, with a required local in-kind dollar for dollar match of supportive services, such match to be provided by the City of Roanoke and various external agencies as more particularly described in the City Council Agenda Report dated July 21, 2014, for a one year period, beginning August 1, 2014,through July 31,2015,to provide rental assistance and supportive services to disabled homeless individuals and their families. 2. The City of Roanoke is authorized to be the fiscal agent for this grant and shall be responsible for distributing the grant proceeds. 3. The City Manager is hereby authorized to execute any and all requisite documents,in a form approved by the City Attorney,and to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: 7 ity /, ��,�, / C Clerk � Q R-Shelter Plus Care Home Grant.7-21-14 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2014. No. 39998-072114. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Shelter Plus Care Grant, amending and reordaining certain sections of the 2014-2015 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 2014-2015 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Shelter Plus Care 35-630-5306-2159 $ 192,619 Revenues Shelter Plus Care FY15 35-630-5306-5306 192,619 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A�TTESST: City Clem CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 21, 2014 Subject: City of Roanoke Shelter Plus Care (SPC) Background: A Shelter Plus Care (SPC) grant allocation of $192,619 was awarded to the City of Roanoke for a one year period beginning August 1 , 2014, through July 31 , 201 5. A local in-kind dollar for dollar match of supportive services is required and has been committed to by the following agencies: Salem Department of Veterans Affairs Medical Center, City of Roanoke Department of Social Services, Total Action Against Poverty, Blue Ridge Independent Living Center, Blue Ridge Behavioral Healthcare, City of Roanoke Health Department, Support Systems, Inc., Dominion Day, East Mental Health, Emotional Health Stabilization (EHS), Trust House, Salvation Army The Turning Point, Family Insight, National Counseling Group, Roanoke Resource, and the Roanoke Redevelopment and Housing Authority. Permanent supportive housing continues to be identified as a top priority for the Blue Ridge Continuum of Care and the Blue Ridge Interagency Council on Homelessness. This program provides rental assistance and supportive services to disabled homeless individuals and their families. Disabilities are defined as serious mental illness, chronic substance abuse, AIDS or related diseases and physical disabilities. Currently, 39 units are included in the SPC program, 7 in Roanoke County and the remainder in the City. Recommended Action: As fiscal agent, authorize the City Manager to accept the Shelter Plus Care Renewal Grant Award in the amount of $192,619 from the U. S. Department of Housing and Urban Development and execute the required grant documents on behalf of the City; 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 $192,619 and appropriate funding in the same amount to an account to be established by the Director of Finance in the Grant Fund. ofik‘ Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director, Human/Social Services U. S. Department of Housing and Urban Development potAE"Tot Community Planning and Development Division Ay g * *off Richmond Field Office 600 E. Broad Street. Floor 3 Richmond.VA 23219-1800 I-800-842-2610 �B'N DEVt' JUN 3 0 2014 Ms Carol W. Tuning, BSW, MALS Human Services Coordinator City of Roanoke 339 Salem Avenue SW ROANOKE, VA 24016 SUBJECT: Processing Your FY2013 Continuum of Care (CoC) Grant Agreement City of Roanoke Shelter Plus Care (SPC)—City of Roanoke Grant Number: VA0032L3F021306 Dear Ms Tuning: Congratulations on the final selection of the City of Roanoke for renewal grant funding under the . FY2013 Continuum of Care (CoC) program. All conditions attached to your award for this project have been met or are in process of being met. This one year award will continue to support your program previously funded by HUD in FY 2012, further contributing to our national effort to end homelessness. The operating start date of the renewal grant is I Aug 2014 (eligible expenses incurred on or after this date through 31 Jul 2015 may be reimbursed through the grant). Upon execution of the renewal grant agreement by you and HUD, HUD will obligate the total funds for this project in the amount of$192,619.00 allocated as follows: 1. Grant for rental assistance $180,336.00 2. Grant for administration 512,283.00 I enclose three copies of the grant agreement that constitute the agreement between the City of Roanoke and HUD. Please sign all three copies and return them to this office within two weeks of receipt of this letter. When they are received, HUD will sign and execute them and return one to you. Please note that your grant cannot begin and HUD cannot disburse any funds to you for this project until the grant agreement is fully executed. If you have any questions, please call me at (804) 822-4831. Staff requiring technical assistance should contact Dr. P. Anthony Brinkman at (804) 822-4827. We look forward to working with you toward the successful continuation of your Continuum of Care (CoC) project. Sincerely, Ronnie J ette Director Enclosures Tax ID Number: 54-6001569 Grant Number: VA0032L3F02 I 306 DUNS Number: 006704316 EXHIBIT 2 • SCOPE OF WORK for FY2013 COMPETITION I. This Agreement is governed by the Continuum of Care program Interim Rule attached hereto and made a part hereof as Exhibit la. Upon publication for effect ofa Final Rule for the Continuum of Care program, the Final Rule will govern this Agreement instead of the Interim Rule. The project listed on this Exhibit at 3.. below, is also subject to the terms of the FY2013 Notice of Funds Availability. 2. The Continuum that designated Recipient to apply for grant funds is not a high-performing community. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $192619 for project number VA0032L3F021306. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. CoC Planning cost S 0 b. Acquisition S 0 c. New construction $ 0 d. Rehabilitation S 0 e. Leasing S 0 f. Rental assistance $ 180336 i. Tenant-based rental assistance $ ii. Project-based rental assistance $ iii. Sponsor-based rental assistance $ g. Supportive services $ 0 h. Operating costs S 0 i. HMIS S 0 j. Administration $ 12283 www.bid.go espanoLlwd.em Page I 4. No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to $578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the projects final operating year under the grant that has been renewed. 5. Nothing in this grant agreement shall be construed as creating or justifying any claim against the federal government or the grantee by any third party. xinii.h udgo' espanol.lmd.go% Pugc 2 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary' of Housing and Urban Development By: (Signature) Ronnie Legette, Director (Typed Name and Title) (Date) RECIPIENT City of Roanoke (Name of Organization) By: (Signature of Authorized Official) Christopher Morrill, City Manager (Typed Name and Title of Authorized Official) (Date) o%+\∎.hudgo% cspanol.hadgm Page 3 w - \i`-) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2014. No. 39999-072114. A RESOLUTION accepting a FY 2015 Urban and Community Forestry Grant to fund a part- time Urban Forestry Planner to work under the Urban Forester,and authorizing the execution of any required grant agreements, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the FY 2015 Urban and Community Forestry Grant in the amount of$15,678,with a$12,931 local match from the City,and 700 hours of in-kind volunteer work by the Roanoke Tree Stewards,to fund various projects,as more particularly set forth in the City Council Agenda Report dated July 21, 2014. 2. The City Manager is hereby authorized to execute,and the City Clerk is authorized to attest,agreements and any other documents necessary to accept and implement such grant,including a Memorandum of Understanding attached to the City Council Agenda Report dated July 21,2014, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: Jam, City Clerk. `\ �' 2014 7 16-R-Urban and Community Forestry Grants-2014.doc CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 21, 2014 Subject: Urban and Community Forestry Grant Acceptance Background: For the thirteenth year, the Virginia Department of Forestry (VDOF) has awarded Parks and Recreation funding to staff a part-time Urban Forestry Planner to work under the Urban Forester. A letter was received on 6/13/14 notifying the Urban Forester that $1 5,678 would be awarded upon completion of the Memorandum of Agreement (MOA). These funds will be matched by $12,931 from the City and 700 hours of in-kind volunteer work by the Roanoke Tree Stewards (for a value of $15,785). The grant will be used to (1 ) provide tree planting and care workshops to residents interested in planting trees for stormwater utility credits, (2) use computer software to quantify the environmental benefits of those new trees (3) calculate urban tree canopy for City neighborhoods and (4) coordinate the Roanoke Tree Steward Program. The activities are consistent with the Urban Forestry Plan adopted as an element of Vision 2001-2020. Considerations: City Council action is needed to accept this grant and authorize the City Manager to execute the MOA between the VDOF and the City. A copy of the MOA is attached to this letter. Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the amount of $15,678, transfer local match funding of $12,931 from the Parks and Recreation budget, and appropriate $28,609 into accounts to be established in the Grant Fund by the Director of Finance. 0 / ristopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Steve Buschor, Director, Parks and Recreation U&CF Assistance Grant Program Memorandum of Agreement Grant # 14UCF02 This agreement made this 10th_day of June,2014 by and between the Virginia Department of Forestry,herein referred to as"Party of the First Part", and City of Roanoke_herein referred to as"Party of the Second Part". The parties of this agreement, in consideration of the mutual covenants and stipulations set out herein in order to promote, support and participate in the federal grant program, sponsored by the U.S.D.A Forest Service(Catalog of Federal Domestic Assistance#10-664) agree as follows: (1) PURPOSE: Now therefore, in consideration of the above premises the parties of the first and second agree to the following terms listed below. (2) SCOPE OF SERVICES: The Party of the Second Part shall provide the service to the Party of the First Part as set forth in the(Attachment B) scope of work and budget. (3) TIME OF PERFORMANCE: The services of the Party of the Second Part shall commence on June 10, 2014 and shall terminate on June 15, 2015. In the event of breach by the Party of the Second Part of this agreement, the Party of the First Part will give written notice to the Party of the Second Part specifying the manner in which the agreement has been breached. All time limits stated are of the essence of this agreement. (4) COMPENSATION: The Party of the Second Part shall be paid $15,678.00 by the Party of the First Part according to the schedule on page 4, in accordance with the rules and regulations in Attachment A: The funds awarded under the grant are available on a reimbursement basis after verification of match and in accordance with the payment schedule on page 4. Minor shifts of the funds among categories not to exceed 10 percent may be permitted, but in no case can the total expenditures exceed the amount provided by this contract. Shifts of funds between budget categories exceeding 10 percent must be approved in writing by the Party of The First Part. Source documentation including canceled checks, copies of invoices, time and attendance records, and/or detailed printouts will be submitted with the"Request for Funds". Invoices will be marked"PAID"and referenced as to how payment was made (i.e. check number). 1 • (5) MATCHING/COST SHARE REQUIREMENTS: The funding listed above will require a 50/50 match/cost share requirements. Indirect charges are not approved as a reimbursable item. Therefore it is our policy not to allow grant funds to be used as indirect overhead;however it does qualify as a match requirement. Overhead costs that will be allowed for match can be negotiated on a project-by-project basis. All federal and recipient matching/cost-share contributions are subject to all relevant OMB Circulars and Code of Federal Regulations. (6) ASSISTANCE: The Party of the First Part agrees upon request of the Party of the Second Part to furnish,or otherwise make available to the Party of the Second Part,copies of existing non-proprietary materials in the possession of the Party of the First Part that are reasonably related to the subject matter of this agreement and are necessary to the Party of the Second Part for completion of his performance under this agreement. (7) GENERAL PROVISIONS: Nothing in this agreement shall be construed as authority for either party to make commitments which will bind the other party beyond the Scope of Service contained herein. Furthermore,the Party of the Second Part shall not assign, sublet or subcontract any work related to this agreement or any interest it may have herein without the prior written consent of the Party of the First Part. This contract is subject to appropriations by the Virginia General Assembly. (8) LAW APPLICABLE: This Memorandum of Agreement shall be governed by the laws of the Commonwealth of Virginia. (9) INTEGRATION AND MODIFICATION: This contract constitutes the entire agreement between the Party of the Second Part and the Party of the First Part. No alteration, amendment or modification in the provisions of this agreement shall be effective unless it is reduced to writing, signed by the parties and attached hereto. This award is executed as of the date of the last signature and is effective through June 15, 2015_at which time it will expire,unless extended by an executed modification, signed and dated by all properly authorized,signatory individuals. Any request for extension must be in writing a minimum of 30 days prior to the end of the stated grant period. Extensions will not be guaranteed. (10) TERMINATION: The Party of the First Part may terminate this agreement for its convenience upon 60 days written notice to the other party. The Party of the Second Part shall be paid for no service rendered or expense incurred after receipt of such notice except such fees and expenses incurred prior to the effective date of termination that are necessary for curtailment of its/his work under this agreement. In the event of breach by the Party of the Second Part of this agreement,the Party of the First Part shall have the right immediately to rescind,revoke or terminate the agreement. In the alternative the Party of the First Part will give written notice to the Party of the Second Part specifying the manner in which the Agreement has been breached. If a notice of breach is given and the Party of the Second Part has not substantially corrected the breach 2 within the sixty 60 days of receipt of the written notice,the Party of the First Part shall have the right to terminate this Agreement. In the event of rescission, revocation or termination,all documents and other materials related to the performance of this Agreement shall become the property of the Department of Forestry. (11) COLLATERAL CONTRACTS: Where there exists any inconsistency between this Agreement,Attachment A and other provisions of collateral contractual agreements which are made a part of this Agreement by reference or otherwise,the provisions of this Agreement shall control. (12) ANTI-DISCRIMINATION: During the performance of this contract, the Party of the Second Part agrees as follows; The Party of the Second Part will not discriminate against any employee or applicant for employment because of race,religion,color,sex,or national origin,except where religion,sex, or national origin is a bona fide occupational qualification reasonable necessary to the normal operation of the Party of the Second Part. The Party of the Second Part agrees to post in conspicuous places,available to employees and applicants for employment,notices setting forth the provisions of this non-discrimination clause. The Party of the Second Part, in all solicitations or advertisement for employees placed by or on behalf of the Party of the Second Part,will state that such Party of the Second Pad is an equal opportunity employer. Notices, advertisements and solicitations in accordance with federal law, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of the Section. The Party of the Second Part will include the above provisions in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. (13) APPLICATIONS: This agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise,by the laws of the Commonwealth of Virginia. (14) SEVERABILITY: Each paragraph and provision of the Agreement is severable from the entire Agreement; and if any provision is declared invalid, the remaining provisions shall nevertheless remain in effect. (15) CONTINGENT FEE WARRANTY: The Party of the Second Part warrants that he/it has not employed or retained any person or persons for the purpose of soliciting or securing this Agreement. The Party of the Second Part further warrants that he/it has not paid or agreed to pay any company or person any fee,commission,percentage,brokerage fee, gift or any other consideration,contingent upon the award or making of this Agreement. For breach of one or both of the foregoing warranties,the Agency shall have the right to terminate this agreement without liability,or,in its discretion or otherwise recover, the full amount of said prohibition fee,commission,percentage,brokerage fee,gift or contingent fee. 3 (16) CONFLICT OF INTEREST: The Party of the Second Part warrants that he has fully complied with the Virginia Conflict of Interest Act. (17) FINANCIAL RECORDS AVAILABILITY: The Party of the Second Part agrees to retain all books, records and other documents relative to this Agreement for five(5) years after final payment,or until audited by the Commonwealth of Virginia,whichever is sooner. The Party of the First Part,its authorized agents and/or State auditors shall have full access to and the right to examine any of said materials during said period. The Party of the Second Part agrees to comply with the following Federal cost and administrative regulations as applicable: Non-Profit Organizations State and Local Governments Universities Cost Principles,2 CFR 230 Cost Principles,2CFR 225 Cost Principles, 2 CFR 220 Admin. Regulations,2 CFR 215 Admin. Regulations,OMB CIR A-102 Admin. Regulations,2 CFR 215 Audits,OMB CIR-A 133 Audits, OMB CIR A-133 Audits,OMB CIR A-133 Administrative Regulations can be located at: http://whitehouse.gov/omb/grants default/ Cost Principles can be located at: http://gpoaccess.gov/cfr/index.html. Forms can be found at http://www.ocio.usda.gov/forms/ocioforms.html or http://search.usda.gov (18) PERFORMANCE REPORTS: The Party of the Second Part agrees to provide the Party of the First Part performance reports on all activities identified in the proposals as they occur. The performance reports will contain a summary of progress and activities for each activity within the proposal; indicate any problems and solutions in meeting requirements, and provide financial funds expenditure information for reimbursement as appropriate. Please see the Performance Report Form Grantees may request reimbursement as frequently as needed(within reason)but no more than 4 times per grant cycle. The schedule for submittal of the periodic performance reports shall be as follows: PERIOD COVERED SUBMITTAL DATE June 10. 2014 September 30, 2014 October 15. 2014 October I, 2014 December 3 4 2014 January 15. 2015 January I. 2015 March 31. 2015 April 15, 2015 Final April I. 2015 June 15, 2015 June 30, 2015 4 (19) PRINCIPAL CONTACTS: Program Contact Administrative Contact Name Barbara White Name Pam Romanello Address 900 Natural Resource Drive Address 900 Natural Resource Drive City, State,Zip Charlottesville, VA 22903 City, State,Zip Charlottesville, VA 22903 Phone 434-220-9041 Phone 434-220-9050 Email Barbara.white @dofvirginia.gov Email Pam.romaello @dof.virginia.gov In witness whereof the parties have caused this agreement to be executed by the following duly authorized officials: PARTY OF THE SECOND PART PARTY OF THE FIRST PART This contract has been reviewed by the staff of the Party of the First Part. Its substantive terms are appropriate, and sufficient funds have been obligated for its performance. BY(Print Name): Christopher P. Mon-ill BY(Print Name): (Signature): (Signature): TITLE: City Manager TITLE: ORGANIZATION: City of Roanoke,Virginia AGENCY: Virginia Department of Forestry DATE: DATE: 5 Attachment A A. Collaborative Arrangements: Where permitted by terms of the award, may enter into collaborative arrangements with other organizations to jointly carry out activities with grant funds. B. Non-Liability: The Virginia Department of Forestry does not assume liability for any third party damages arising out of this award. C. Metric System of Measurement: Wherever measurements are required or authorized, they shall also be made, computed and recorded in metric system units of measurement,unless otherwise authorized in writing. D. Trafficking in Persons: Human Trafficking is prohibited; additional information can be found under the Trafficking Victims Protection Act(TWA) of 2000, as amended (22 U.S.C. 7104 (g)). E. Eligible Workers: All sub-recipients shall ensure that all employees complete the I-9 form and certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 U.C.S. 1324a). F. Program Income: If any program income is generated as a result of an award, costs incidents due to the generation of program income can be deducted from the gross income to determine the program income amount, provided these costs have not been charged to the award and comply with the applicable Cost Principles. G. Grants may not be used for entertainment purposes. This means food,recreational type items, entertainment such as music, alcohol,plays movies, etc. These items also may not be used as match to the grant funding. Land may not be used as match. Rule of thumb—if you can't purchase it directly with grant dollars then most likely one cannot use it as match. H. Award Closeout: Award will be closed out either on the expiration date or with the notice of termination. Any unobligated funding at that time will be reverted to the Department of Forestry. I. Program Performance Reports: Shall be submitted in order to monitor performance of grant activities to ensure that performance goals are being achieved. Performance Reports will include: A comparison of actual accomplishments to the goals achieved for the period; reason(s) for delay if established goals were not met; additional pertinent information pertaining to the grant. J. Notification: Program Manager should be notified immediately of developments that have a significant impact on the activities supported under this grant. K. Changes in Key Positions and Personnel: Revisions to key positions and personnel identified in the application for this award require prior, written approval from the Department of Forestry. Failure to obtain prior, written approval when required may result in the disallowance of costs. L. Freedom of Information Act (FOIA): Public access to grant or agreement records shall not be limited, except when such records must be kept confidential and would have exempted from disclosure pursuant to "Freedom of Information"regulations(5 U.S.C. 552). M. Text Messaging while driving: In accordance with Executive Order(EO) 13513, "Federal Leadership on Reducing Text Messaging while driving" any and all text messaging by Federal Employees is banned. All sub recipients are encouraged to adopt and enforce policies that ban text messaging while driving while on government business. N. Public Notices/Acknowledgement: It is the U.S. Forest Service's policy to inform the public as fully as possible of its programs and activities. It is encouraged to give public notice of the receipt of this 6 • award from time to time, to announce progress and accomplishments. Acknowledge the U.S. Forest Service as well as the Virginia Department of Forestry support in publications, audiovisuals and electronic media developed as a result of this award. A mandatory provision if development of publications or production of audiovisuals, or if information is shared via electronic format(including websites). O. Nondiscrimination Statement-Printed,Electronic or Audiovisual Materials: the following statement, in full, in any printed audiovisual material or electronic media for public distribution developed or printed with any federal funding. "In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability." If the material is too small to permit the full statement to be included, the material must, at a minimum, include the following statement, in print size no smaller than the text: "This institution is an equal opportunity provider. " P. Debarment and Suspension: Grantees must certify if any principals are presently excluded, debarred or suspended from entering into covered transactions with the federal government in according to the terms of 2 CFR Part 180. Q. Drug Free Workplace: Agrees to provide a drug-free workplace form AD-1049 to the Department of Forestry. This will verify that each employee who will be engaged in the performance of any project/program receiving federal funding will follow drug-free regulations as stated in the Rehabilitation Act of 1973 (29 U.S.C. 794). R. Copyrighting: USFS has the sole and exclusive right to copyright any publications developed as a result of this award. This includes the right to publish and vend throughout the world in any language and in all media and forms, in whole or in part, for the full term of copyright and all renewals thereof in accordance with this award. No original text or graphics produced and submitted by the USFS shall be copyrighted. S. Central Contractor Registration and Universal Identifier Requirements: (i) Requirement of Central Contractor Registration (CCR)-unless exempted from 2CFR 25.110, as a recipient you must be registered and maintain information updated at CCR internet site: http://www.ccr.gov. (ii) Requirement of Data Universal Numbering System (DUNS) Number-no entity may receive a sub- award unless the entity can provide a DUNS number. (DUNS current internet site: http://fedgov.dnb.com/webform) T. Members of Congress: Pursuant to 41 U.S.C. 22, no United States member of, or United States delegate to, Congress shall be admitted to any share or part of this award, or benefits that may arise there from, either directly or indirectly. U. Disclosure of Lobbying Activities: Agrees to disclose lobbying activities pursuant to 31 U.S.C. 1352; the completion of Standard Form LLL is mandatory. V. Federal Funding Accountability and Transparency Act (Sub-award Reporting System): Effective October 1, 2010 all sub-awards that receives $25,000 or more from a federal award will need to be reported. The sub-award is responsible for providing DOF with the following information for timely reporting: Name,Address, Federal Tax Identification Number, DUNS Number, Principal place of performance and names of Highly Compensated Officers. 7 Attachment B Check list The following information must be provided with the Memorandum of Agreement: 1. Application for Federal Assistance SF424 2. Revised Budget Detail— if not receiving full funding 3. Assurances SF424B 4. Debarment AD1048 5. Drug Free Form 6. W-9 7. Legislative Information form The following forms must be used when requesting reimbursement 1. Reimbursement form 2. Itemized Expense form 3. Volunteer Log if volunteer time is part of the match 4. Volunteer log used for documentation of staff time, or organization equivalent 8 OMB Approval No.0348-0043 APPLICATION FOR 2.DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE PROPOSAL# 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY State Application Identifier Application Pre-application STATE 14UCF02 0 Construction ❑Construction 4.DATE RECEIVED BY FEDERAL AGENCY Federal Identifier x Non-Construction x Non-Construction 5. Legal Name: City of Roanoke, Virginia Organizational Unit: Address(give city, county,state, and zip code) Name and telephone number of the person to be contacted on matters 215 Church Ave.,Room 303, Roanoke, VA 24011 involving this application (give area code) Daniel J. Henry 540-853-1994 EMPLOYER IDENTIFICATION NUMBER(EIN): 7. TYPE OF APPLICANT: I C (enter appropriate letter in box) 5 4 I - I 6 0 I 0 I 1 15 6 19 I A. State H. Independent School Dist. B. County I. State Controlled Inst.of Higher Learning 8. TYPE OF APPLICATION: C. Municipal J.Private University © New n Continuation n Revision D. Township K. Indian Tribe E. Interstate L. Individual If Revision,enter appropriate letter(s)in box(es): ❑ F. Intermunicipal M. Profit Organization G.Special District N. Other(Specify): A.Increase Award B.Decrease Award C. Increase Duration D. Decrease Duration Other(specify): 9. NAME OF FEDERAL AGENCY: USDA Forest Service 10. CATALOG OF FEDERAL 1 0 • 6 6 4 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: DOMESTIC ASSISTANCE NO. TITLE: Cooperative Forestry Trees as a Stormwater Management Tool 12. AREAS AFFECTED BY PROJECT(cities, counties,states, etc.) City of Roanoke, Virginia 13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant b. Project: June 10, 2014 June 15, 2015 6 6 15. ESTIMATED FUNDING: 16. ISPPPLK.AMONSl CfTOREVEWBYSTATEEJFCUINEORDER123>'2PROCESS9 a. Federal $ 15,678 .00 a YES.THIS F EAPFLV'ATIOWAPPUCF,110NWAS NY+DEAVALAaETOTI-E b. Applicant $ 12,931 .00 STATE E CIJIivEORDER12372 PROCESS FCRREVEW CN: c. State $ .00 DATE d. Local $ .00 b.NO. X PROGRAM IS NO1CCNFI7FDBYE0.12372 e. Other $ 15,785 .00 f. Program Income $ .00 ORPROCRAMHASNOTBLFNSRECTEDBYSFATEFORREVEW g. TOTAL $ 44,394 .00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? inYes If"Yes,"attached an explanation X No 18. TO 11-E BEST OF MY KNOWLEDGE AND BELEF,ALL DATA N THS APPLICA710NPREAPPU A7gN ARE TRUE MD CORRECT.11E DOCUMENT HAS BEEN DULY flUT} RIZEDBY11EGOJER 4GBODYOFTFEAPPLICANTMD1FfAPP1nWWLLCOhPLYWMIH1)EATTACIEDASSURANCESF1FEASSISrNJCESAWARDFD. a.Typed Name of Authorized Representative: I b.Title: City Manager c.Telephone Number: 540-853-2333 Christopher P. Morrill d.Signature of Authorized Representative: e. Date Signed: • Previous Editions Not Usable Standard Form 424 (REV 7-97) Prescribed by OMB Circular A-102 Authorized for Local Reproduction OMB Approval No.0349-0043 INSTRUCTIONS FOR THE SF 424 This is a standard form used by applicants as a required face sheet for pre-applications and applications submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process, have been given an opportunity to review the applicant's submission. Item: Entry: Item Entry: 1. Self-explanatory. 12. List only the largest political entities affected (e.g., State, counties, cities). 2. Date application submitted to Federal agency (or State if applicable) & applicant's control number Of 13. Self-explanatory, usually filled in already applicable). 14. List the applicant's Congressional District and 3. State use only(if applicable). District(s)affected by the program or project. 4. If this application is to continue or revise an existing 15. Amount requested or to be contributed during the award, enter present Federal identifier number. If for first funding/budget period by each contributor. a new project, leave blank. Value of in-kind contributions should be included on appropriate lines as applicable. If the action will 5. Legal name of applicant, name of primary result in a dollar change to an existing award, organizational unit which will undertake the indicate on/v the amount of the change. For assistance activity, complete address of the decreases, enclose the amounts in parentheses. If applicant, and name and telephone number of the both basic and supplemental amounts are included, person to contact on matters related to this show breakdown on an attached sheet. For multiple application. program funding, use totals and show breakdown using same categories as item 15. 6. Enter Employer Identification Number (EIN) as assigned by the Internal Revenue Service. 16. Applicants should contact the State Single Point of Contact (SPOC) for Federal Executive Order 12372 7. Enter the appropriate letter in the space provided. to determine whether the application is subject to the State intergovernmental review process. 8. Check appropriate box and enter appropriate letter(s)in the space(s) provided: 17. This question applies to the applicant organization, not the person who signs as the authorized --"New" means a new assistance award. representative. Categories of debt include --"Continuation" means an extension for an delinquent audit disallowances, loans and taxes. additional funding/budget period for a project with a projected completion date. 18. To be signed by the authorized representative of the --"Revision" means any change in the Federal applicant. A copy of the governing body's Government's financial obligation or contingent authorization for you to sign this application as liability from an existing obligation. official representative must be on file in the applicant's office. (Certain Federal agencies may 9. Name of Federal agency from which assistance is require that this authorization be submitted as part being requested with this application. of the application.) 10. Use the Catalog of Federal Domestic Assistance number and title of the program under which assistance is requested. 11. Enter a brief description title of the project. If more than program is involved, you should append an explanation on a separate sheet. If appropriate (e.g., construction or real property projects), attach a map showing project location. For pre-applications, use a separate sheet to provide a summary description of this project. SF 424 (REV 7-97) Back Authorized for Local Reproduction OMB Approval No.0348-0040 ASSURANCES--NON-CONSTRUCTION PROGRAMS Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant I certify that the applicant: (e) the Drug Abuse Office and Treatment Act of 1972 1. Has the legal authority to apply for Federal assistance, (P.L. 92-255), as amended, relating to nondiscrimination and the institutional, managerial and financial capability on the basis of drug abuse; (t) the Comprehensive (including funds sufficient to pay the non-Federal share Alcohol Abuse and Alcoholism Prevention, Treatment of project costs) to ensure proper planning, management and Rehabilitation Act of 1970 (P.L. 91-616), as and completion of the project described in this amended, relating to nondiscrimination on the basis of application. alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290-dd-3 2. Will give the awarding agency, the Comptroller General and 290 ee-3), as amended, relating to confidentiality of of the United States, and if appropriate, the State, alcohol and drug abuse patient records; (h) Title VIII of through any authorized representative, access to and the the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), right to examine all records, books, papers, or documents as amended, relating to nondiscrimination in the sale, related to the award; and will establish a proper rental or financing of housing; (I) any other accounting system in accordance with generally accepted nondiscrimination provisions in the specific statute(s) accounting standards or agency directives. under which application for Federal assistance is being made; and (j) the requirements of any other 3. Will establish safeguards to prohibit employees from nondiscrimination statute(s) which may apply to the using their positions for a purpose that constitutes or application. presents the appearance of personal or organizational conflict of interest,or personal gain. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform 4. Will initiate and complete the work within the applicable Relocation Assistance and Real Property Acquisition time frame after receipt of approval of the awarding Policies Act of 1970 (P.L. 961-646) which provide for agency. fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or 5. Will comply with the Intergovernmental Personnel Act of federally assisted programs. These requirements apply to 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed all interests in real property acquired for project purposes standards for merit systems for programs funded under regardless of Federal participation in purchases. one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of 8. Will comply with the provisions of the Health Act (5 Personnel Administration(5 C.F.R. 900, Subpart F). U.S.C. §§ 1501-1508 and 7324-7328) which limit the political activities of employees whose principal 6. Will comply with all Federal statutes relating to employment activities are funded in whole or in part with nondiscrimination. These include but are not limited to: State funds. (a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color 9. Will comply, as applicable, with the provisions of the or national origin; (b) Title IX of the Education Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Amendments of 1972, as amended (20 U.S.C. §§ 1681- Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874), 1683, and 1685-1686), which prohibits discrimination on and the Contract Work Hours and Safety Standards Act the basis of sex; (c) Section 504 of the Rehabilitation Act (40 U.S.C. §§ 327-333), regarding labor standards for of 1973, as amended (29 U.S.C. § 794), which prohibits federally assisted construction subagreements. discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 10. Will comply, if applicable, with flood insurance purchase 6101-6107), which prohibits discrimination on the basis requirements of Section 102(a) of the Flood Disaster of age; Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in Standard Fonn 424B (7-97) Prescribed by OMB Circular A-102 Authorized for Local Reproduction the program and to purchase flood insurance if the total (Identification and protection of historic properties), and cost of insurable construction and acquisition of$10,000 the Archeological and Historic Preservation Act of 1974 or more. (16 U.S.C.469a-1 et seq.). 11. Will comply with environmental standards which may be 14. Will comply with P.L. 93-348 regarding the protection of prescribed pursuant to the following: (a) institution of human subjects involved in research, development, and environmental quality control measures under the related activities supported by this award of assistance. National Environmental Policy Act of 1969 (P.L. 91- 190)and Executive Order(EO) 11514; (b)notification of 15. Will comply with the Laboratory Animal Welfare Act of violating facilities pursuant to EO 11738; (c) protection 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) of wetlands pursuant to EO 11990; (d) evaluation of pertaining to the care, handling, and treatment of warm flood hazards in floodplains in accordance with EO blooded animals held for research, teaching, or other 11988; (e) assurance of project consistency with the activities supported by this award of assistance. approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 16. Will comply with the Lead-Based Paint Poisoning 1451 et seq.); (1) conformity of Federal actions to State Prevention Act (42 U.S.C. §§ 4801 et seq.) which (Clear Air) Implementation Plans under Section 176(c) prohibits the use of lead based paint in construction or of the Clear Air Act of 1955, as amended (42 U.S.C. § rehabilitation of residence structures. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 17. Will cause to be performed the required financial and 1974, as amended, (P.L. 93-523); and (h) protection of compliance audits in accordance with the Single Audit endangered species under the Endangered Species Act of Act of 1984. 1973,as amended, (P.L.93-205). 18. Will comply with all applicable requirements of all other 12. Will comply with the Wild and Scenic Rivers Act of Federal laws, executive orders, regulations and policies 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting governing this program. components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE City Manager APPLICANT ORGANIZATION DATE SUBMITTED City of Roanoke,Virginia SF 424B (7-97) Back U.S.DEPARTMENT OF AGRICULTURE Certification Regarding Debarment,Suspension,and Other Responsibility Matters-Primary Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities. The regulations were published as Part IV of the January 30, 1989, Federal Register(pages 4722-4733). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE) (1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1) (h) of this certification;and (d) have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State or Local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. City of Roanoke, Virginia 14UCF02 Organization Name PR/Award Number of Project Name Christopher P. Morrill, City Manager Name and Title of Authorized Representative Signature Date Form AD-1047 (1/92) INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this form, the prospective primary participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out on this form. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in the transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant,""person,""primary covered transaction,""principal,""proposal,"and"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this form that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,"provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to,check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Form AD-1047 (1/92) OMB APPROVAL NO 0991-0002 U.S.DEPARTMENT OF AGRICULTURE CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS(GRANTS) ALTERNATIVE I-FOR GRANTEES OTHER THAN INDIVIDUALS This certification is required by the regulations implementing Sections 5151-5160, of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690,Title V, Subtitle D;41 U.S.C. 701 et seq.),7 CFR Part 3017, Subpart F, Section 3017.600, Purpose. The January 31, 1989, regulations were amended and published as Part 11 of the MAY 25, 1990, Federal Register(pages 21681- 21691). Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the grant. (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE) Altemative I A. The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture,distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs;and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a): (d) Notifying the employee in the statement required by paragraph(a)that, as a condition of employment under the grant,the employee will— (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notify the agency in writing,within 10 calendar days after receiving notice under subparagraph(d)(2)from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position,title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973,as amended;or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal,State, or local health, law enforcement,or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs(a), (b), (c), (d), (e)and(f). I-1 Form AD-1049(REV 5/90) Microsoft Ward 2000 B The grantee may insert in the space provided below the site(s)for the performance of work done In connection with the specific grant. Place of Performance(Street address.city, county,State,zip code) Roanoke Department of Parks and Recreation 1802 Caurlland Rd NE.Suite 120 Roanoke VA 24012 Check fl if there are workplaces on file that are not identified here. City of Roanoke,Virginia 14UCF02 Organization Name Award Number or Project Name Christopher P.Morrill,City Manager Name and Title of Authorized Representative Signature Date Instructions for Certification 1 By signing and submitting this form,the grantee is providing the certification set out on pages 1 and 2 2 The certification set out on pages 1 and 2 Is a material representation of fact upon which reliance is placed when the agency awards the gram. If it is later determined that the grantee knowingly rendered a false certification.or otherwise violates the requirements of the Drug-Free Workplace Act the agency,In addition to any other remedies available lo the Federal Government,may take action authorized under the Drug-Free Workplace Act 3 Workplaces under grants,for grantees other than individuals,need not be identified on the certification If know,they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application,or upon award,if there is no application,the grantee must keep the identity of the workplace(s)on file In Its office and make the information available for Federal Inspection Failure to Identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4 Workplace Identifications must Include the actual address of buildings(or parts of buildings)or other sites where work under the grant takes place Categorical descriptions may be used(e.g,all veNdes of a mass transit authority or State highway department while In operation,Slate employees In each local unemployment office,performers In concert halls or radio studios). 5 If the workplace Identified to the agency changes during the performance of the grant,the grantee shall inform the agency of the change(s),if it previously Identified the workplaces in question(see paragraph twee). 5 Definitions of terms In the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification Grantees'attention Is called,in particular,to the following definitions from these rules. "Controlled substance"means a controlled substance In Schedules I through V of the Controlled Substances Act(21 U.S.C.812)and as further defined by regulation(21 CFR 1308.11 through 1308.15): "Conviction"means a finding of guilt(including a plea of nobs contendere)or Imposition of sentence,or both,by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes: "Criminal drug statute"means a Federal or non-Federal criminal statute Involving the manufacture,distribution dispensing,use,or possession of any controlled substance: "Employee"means the employee of a grantee directly engaged in the performance of work under a grant,including!(i)all"direct charge^employees, (ii)all'indirect charge"employees unless their Impact or Involvement Is Insignificant to the performance of the grant and(ill)temporary personnel and consultants who are directly engaged In the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee(e.g.,volunteers,even if sued to meet a matching requirement:consultants or Independent contractors not on the grantee's payroll:or employees of subrecipients or subcontractors In covered workplaces) 1-2 Form AD-1049 (REV 5/90) Substitute Form W-9 VIRGINIA DEPARTMENT OF FORESTRY 12/01/2000 (Nov.1990) tsubw9po.dot REQUEST FOR TAXPAYER IDENTIFICATION NUMBER(S) AND CERTIFICATION RETURN THIS FORM TO THE REQUESTER WITHIN 30 DAYS-FAILURE TO RETURN MAY RESULT IN 31%BACKUP WITHHOLDING Each person or organization doing business with the Commonwealth of Virginia must provide the following information. ORGANIZATION ENTITY: (CHECK ONLY ONE) ❑ INDIVIDUAL ❑ NON-PROFIT ORGANIZATION SOCIAL SECURITY NUMBER ❑ SOLE PROPRIETOR ❑ FEDERAL AGENCY ❑ PARTNERSHIP ❑ STATE AGENCY And/Or ❑ CORPORATION ® LOCAL GOVERNMENT EMPLOYER IDENTIFICATION NUMBER ❑ TRUST ❑ POLITICAL SUBDIVISION 54-6001569 ❑ ESTATE ❑ OTHER ENTER THE FOLLOWING: LEGAL NAME City of Roanoke,Virginia (MUST MATCH THE SOCIAL SECURITY NUMBER,IF APPLICABLE) TRADE NAME City of Roanoke,Virginia (MUST MATCH THE EMPLOYER IDENTIFICATION NUMBER,IF APPLICABLE) MAILING ADDRESS 215 Church Ave.,Room 303 Roanoke,VA 24011 CONTACT PERSON Daniel J.Henry TELEPHONE NUMBER 540-853-1994 PLEASE ANSWER THE FOLLOWING QUESTIONS: IS YOUR ORGANIZATION(ASSOCIATION,CLUB,RELIGIOUS,CHARITABLE,EDUCATIONAL,OR OTHER E YES ❑NO GROUP)TAX EXEMPT UNDER IRS CODE SECTION 501(A)? ARE YOU A REAL ESTATE AGENT? ❑YES 12]NO CERTIFICATION: UNDER PENALTIES OF PERJURY, I CERTIFY THAT: (1) The number(s)shown on this form is my correct taxpayer identification number(s)(or I am waiting for a number to be issued to me),and(2) I am not subject to backup withholding either because I have not been notified that I am subject to backup withholding as a result of failure to report all interest or dividends,or the Internal Revenue Service has notified me that I am no longer subject to backup withholding. [You must cross out item(2)above if you have been notified by IRS that you are currently subject to backup withholding because of underreporting interest or dividends on your tax return.(see Signing the Certification under Specific Instructions on the Form W-9 Instructions which follow.)I SIGNATURE DATE Return this form to Virginia Department of Forestry 900 Natural Resources Drive, Suite 800, Charlottesville,VA 22903 E-7 Grant Number 14UCF02 Legislative Information As part of our continuing process to inform legislators about the fantastic projects being accomplished in Virginia we need the information below. Please list the Virginia State Senators, Representatives, and US Congressmen and their corresponding District numbers within all Districts affected by your grant. http://www.house.gov/ State Representatives District Number http://conview.state.va.us/whosmy.nsf/main?openform Delegate Christopher T. Head 17 Delegate Sam Rasoul 11 State Senators District Number http://apps.lis.virciinia.ciov/sfbl/Senate/TelephoneList.a spx Senator John S. Edwards 21 US Senators Senator Tim Kaine Senator Mark R. Warner US Congressman District Number Congressman Bob Goodlatte 6 dtv9-- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2014. No. 40001-072114. A RESOLUTION authorizing acceptance of the FY2015 Edward Byrne Justice Assistance Grant Program from the Virginia Department of Criminal Justice 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 Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Criminal Justice Services, the Edward Byrne Justice Assistance Grant Program in the amount of$37,500, with a $37,500 local match from the City required, making a total award of $75,000, to be used to support the Roanoke City Police Department's Drug Market Initiative in the Hurt Park and Melrose neighborhoods, as more particularly described in the City Council Agenda Report dated July 21, 2014. 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: - ret,o, , City Clerk R-Edward Byrne Justice Assistance Grant FY2015.7-21-14 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2014. No. 40002-072114. AN ORDINANCE to appropriate funding from the U.S. Department of Justice through the Commonwealth of Virginia Department of Criminal Justice Services for the Edward Byrne Justice Assistance grant, amending and reordaining certain sections of the 2014-2015 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 2014-2015 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime 35-640-3480-1003 $55,410 FICA 35-640-3480-1120 4,590 Program Activities 35-640-3480-2066 15,000 Revenues Byrne JAG Drug Market Initiative FY15 35-640-3480-3480 37,500 Byrne JAG Drug Market Initiative FY15 - Local 35-640-3481-3481 37,500 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. 4Y1 t-44-1 sS A CITY COUNCIL AGENDA REPORT Vaiager To: Honorable Mayor and Members of City Council Meeting: July 21, 2014 Subject: Byrne Drug Market Initiative FY15 Background: The Virginia Department of Criminal Justice Services is the administering agency for Federal Edward Byrne Justice Assistance Grant funding that is allocated to localities. The Roanoke Police Department has been awarded a $37,500 competitive programming grant to support its Drug Market Initiative in the Hurt Park and Melrose neighborhoods. The grant will be utilized to fund overtime supplementary police patrol and purchase community cleanup supplies to remove blight and enhance livability. A fifty percent (50%) local cash match is required and is available in the Grant Fund in account 35-300-9700-541 5. Recommended Action: Accept the Edward Byrne/Justice Assistance Grant described above and authorize the City Manager to execute the grant agreement and any related documents; 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 Grant Fund for State grant funds of $37,500, transfer funding in the amount of $37,500 from account 35-300-9700-5415 to provide local match funding, and appropriate total funding of $75,000 for overtime, FICA, and expendable equipment in an account to be established by the Director of Finance in the Grant Fund. I Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Christopher C. Perkins, Chief of Police Michael Shockley, Acting Director of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2014. No. 40003-072114. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2014- 2015 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 2014-2015 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Vehicular Equipment 35-520-3344-9010 $19,815 Revenues Fire Program FY14 35-520-3344-3344 19,815 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 CIe to al; / CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 21 , 2014 Subject: Department of Fire Programs Grant- Increase Revenue Estimate Background: The Fire Programs Fund was established by the General Assembly during the mid-1980s. Program guidelines require that funds received are non- supplanting and may not be used to replace existing local funding. Program funds are used to supplement the Fire-EMS budget in the General Fund. On October 7, 201 3, City Council accepted and appropriated Department of Fire Programs (DFP) funds totaling $272,601 . The City has been notified by DFP that it will receive additional funding of $19,815. Considerations: City Council action is needed to approve and appropriate the additional DFP funds received and increase the revenue estimate from $272,601 to $292,416. Recommended Action: Adopt the accompanying budget ordinance to appropriate funding and increase the revenue estimate of the DFP FY14 Grant in the amount of $19,815 in the Grant fund. p Christop er P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2014. No. 40004-072114. AN ORDINANCE to appropriate funding from the Parking Fund Retained Earnings for maintenance projects at various Park Roanoke facilities, amending and reordaining certain sections of the 2014-2015 Parking 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 2014-2015 Parking Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Fund Balance Retained Earnings - Available 07-3348 $ (224,000) Appropriations Maintenance-Buildings — Tower Garage 07-540-8274-2050 224,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ciKtticjILLYY :\ef ir City Clerk. � ® AY CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 21, 2014 Subject: Parking Fund Appropriation of Retained Earnings for Capital Projects Background: The Parking Fund operates the City's off street parking system consisting of seven (7) garages and six (6) surface parking lots. The Fund is responsible for daily operations, maintenance, and capital improvements of these facilities. Considerations: The current Parking Fund Five (5) Year Capital Maintenance Plan identifies the need to replace the sprinkler system in the Tower Garage located at 10 Jefferson Street. The need to replace this system is based upon the most recent structural inspection of the Tower Garage which identified this system as having reached the end of its useful and functional life. Staff issued public bids for this project during FY14. Funding exists in an established Capital Account for this project in the amount of $309,000, which was appropriated for this project by Ordinance No. 39289-010312 dated January 3, 2012. These funds are found to be insufficient to undertake the scope of this project at this time, which is estimated to cost approximately $493,000. Council action is required to appropriate additional funds in the amount of $224,000 to cover the cost of the project, plus a contingency of $40,000, which are available from Retained Earnings in the Parking Fund. Recommended Action: Adopt the accompanying budget ordinance to appropriate funds in the amount of $224,000 from Parking Fund Retained Earnings to the capital project account 07-540-8274 Tower Garage Sprinkler Replacement. 011 Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Deborah J. Moses, Parking Administrator CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W., Suite 456 r ' Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk@roanokcva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk July 22, 2014 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40005-072114 amending Chapter 1, General Provisions, of the Code of the City of Roanoke (1979), as amended, by adding a new Section 1-25, Assessment of court costs to implement and maintain an Electronic Summons System, to increase the court cost in district court and circuit court to support the implementation and maintenance of an electronic summons system. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 21, 2014, and is in full force and effect on September 1, 2014. ��,�Si�nc_ereely, yy�.Q Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: The Honorable Donald S. Caldwell, Commonwealth Attorney The Honorable Brenda S. Hamilton, Clerk, Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Rick S. Kahl, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Chief Magistrate, Office of the Magistrate Joey Klein, Law Librarian 11 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2014. No. 40005-072114. AN ORDINANCE amending Chapter 1, General Provisions,of the Code of the City of Roanoke (1979), as amended, by adding a new Section 1-25, Assessment of court costs to implement and maintain an Electronic Summons System, to increase the court cost in district court and circuit court to support the implementation and maintenance of an electronic summons system; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Adding a new Section 1-25, Assessment of court costs to implement and maintain an Electronic Summons System,Chapter 1,General Provisions,of the Code of the City of Roanoke(1979),as amended, to read and provide as follows: Section 1-25. Assessment of court costs to implement and maintain an electronic summons system. (a) A local fee of five dollars ($5.00) to support the City's implementation and maintenance of an electronic summons system is hereby imposed in each criminal or traffic case in the district or circuit courts of the City of Roanoke pursuant to Section 17.1-279.1,Code of Virginia. The clerks of the district and circuit courts shall charge and collect this five dollar($5.00) assessment as a part of the fees taxed as costs. (h) After collection by the clerk of the court in which the action is filed, the assessment shall be remitted to the city treasurer and held subject to appropriation by the city council to support the implementation and maintenance of an electronic summons system. 2. This ordinance shall be in full force on and after September 1, 2014. 3. Pursuant to Section 12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: � I t Yl0tin ��� City Clerk. fr 41 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 21, 2014 Subject: Amendment to Chapter 1, General Provisions, of the Code of the City of Roanoke, Virginia (1979), as amended, by enacting sec 1-25 Background: The Commonwealth of Virginia has authorized localities to acquire electronic summons systems. Electronic summons systems reduce transcription errors; protect the environment by reducing paper waste, and increase efficiency of data entry. The processes and record keeping requirements for the electronic summons system are currently being formulated by the Virginia Supreme Court and the Virginia Department of Motor Vehicles. The 2014 session of the General Assembly enacted section 1 7.1 -279.1 , Code of Virginia (1950), as amended, which authorizes localities to assess an additional sum not to exceed $5.00 as part of the cost in each criminal or traffic case in the district or circuit courts located within its boundaries in which the defendant is charged with a violation of any statute or ordinance. The assessment shall be collected by the clerk of the court in which the action is filed, remitted to the treasurer of that locality and held by the treasurer subject to disbursements by the governing body to a local law-enforcement agency. This assessment shall be used solely to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system. Considerations: The proposed amendment to the Code of the City of Roanoke will 1 ) allow the City of Roanoke to begin preparing for the eventual acquisition cost of an electronic summons system; 2) preserve existing funding for technology and equipment; and 3) establish a mechanism to offset the maintenance of an electronic summons system once one has been selected and acquired. Based on current caseloads, the annual average revenue from this assessment would be approximately $93,700. This estimate is based upon the average collection of court costs for the past 7 fiscal years. Attached to this report is an ordinance enacting City Code Sec. 1 -25. The proposed amendments would be effective September 1 , 2014. Recommended Action: Adopt the accompanying ordinance to enact Section 1 -25 of Chapter 1 , General Provisions, of the Code of the City of Roanoke, Virginia (1979), as amended, by establishing a section 1 -25, titled Assessment of Court Costs to Implement and Maintain an Electronic Summons System. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Tim Allen, Sheriff of Roanoke Evelyn Powers, Treasurer of Roanoke Brenda Hamilton, Clerk of the Circuit Court of Roanoke Rick Kahl, Clerk of the General District Court of Roanoke David Wells, Clerk of the Juvenile and Domestic Relations Court of Roanoke Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations Christopher Perkins, Chief of Police 2 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke,Virginia 24011-1536 ,., Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk(°),roanokcva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk July 22, 2014 Anthony R. Guilliams 26806 Lee Highway Buchanan, Virginia 24066 Dear Mr. Guilliams: I am enclosing copy of Ordinance No. 40006-072114 permanently vacating, discontinuing and closing an approximately 974 square foot portion of the right-of-way of Sanford Avenue, S. W., from its northwestern terminus adjacent to Brandon Avenue, S. W. Ordinance No. 40006-072114 further ordains that you shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office; and upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court, you shall file with the City Engineer the Clerk's receipt demonstrating that such recordation has occurred. If the above conditions have not been met within one year from the date of the adoption of this ordinance, then Ordinance No. 40006-072114 shall be null and void with no further action by City Council being necessary. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 21, 2014; and is in full force and effect upon its passage. Sincerely, At��F�i/Lwc e-AAn t O�■ it/ Stephanie M. Moon Re olds, City Clerk Enclosure Anthony R. Guilliams July 22, 2014 Page 2 pc: David and Jeannette Morris, 2012 Sanford Avenue, S. W., Roanoke, Virginia 24014 M and W Properties, Inc., 1348 Lakewood Drive, S. W., Roanoke, Virginia 24015 The Honorable Brenda S. Hamilton, Clerk of Circuit Court Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Steve Talevi, Assistant City Attorney Philip Schirmer, City Engineer Susan Lower, Director, Real Estate Valuation Candace Martin, Secretary, City Planning Commission t14+) • \` IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2014. No. 40006-072114. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Anthony R. Guilliams filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on June 16, 2014, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. 1 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: An approximately 974 square foot portion of the right-of-way of Sanford Avenue, S.W., from its northwestern terminus adjacent to Brandon Avenue, S.W., and immediately south of Official Tax Map No. 1271820, be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and 2 retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of§12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: AttirattAA, City Clem 4412.--- 3 CITY OF ROANOKE ' OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 < v Roanoke, Virginia 24011-1536 ...�...' I elephonc: (540)853 2541 Par (540)853-1145 5fEJ?IIANIH M.MOON I2EYNOl DS,MM( E.mail: clerk(alroanokeva.gov JONATHAN E.CRAM,C MC ('iiy('lerk Deputy City Clerk CECELIA T.WEBB,('M(' Assistant Deputy City Clerk July 18, 2014 Anthony R. Guilliams 26806 Lee Highway Buchanan, Virginia 24066 Dear Mr. Guilliams: Your communication requesting a continuation of your request to permanently vacate, discontinue and close an approximately 974 square foot portion of the right-of-way of Sanford Avenue, S. W., from its northwestern terminus adjacent to Brandon Avenue, S. W., was before the Council of the City of Roanoke at its regular meeting on Monday, July 7, 2014. Council concurred in your request to continue the matter until its regular meeting scheduled to be held on Monday, July 21, 2014 at 2:00 p.m., in the Council Chamber. Sincerely, o 1 t16 Ids, Stephanie M. Moon Rey Ids,, City Clerk pc: David and Jeannette Morris, 2012 Sanford Avenue, S. W., Roanoke, Virginia 24014 M and W Properties, Inc., 1348 Lakewood Drive, S. W., Roanoke, Virginia 24015 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Amelia Merchant, Acting Director of Finance Steve Talevi, Assistant City Attorney Candace Martin, Acting Secretary, City Planning Commission Anthony R. Guilliams 26806 Lee Highway Buchanan, VA 24066 June 26, 2014 Stephanie M. Moon Reynolds City Clerk The City of Roanoke 215 Church Avenue, S. W., Suite 456 Roanoke, VA 24011-1536 Dear Ms. Moon Reynolds: Thank you for your diligence in dealing with me. I apologize I missed the City Council Meeting on June 16, 2014. I didn't realize they would have to take up this issue after meeting with the Planning Commission I have received your letter stating the next meeting of the council on July 7, 2014 but unfortunately, I have already purchased tickets and hotel reservations to travel to see my daughter. If I could possible ask the council to bear with me and allow me to address them at the following meeting on July 21'2014 at 2 p.m. I would be greatly appreciated. Please let me know if this is possible. Thank you Sincerely, Anthony R. Guilliams CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 I t Roanoke,Virginia 24011-1536 .4�- Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: elerk@roanokeva.gov STEPHANIE M.MOON REYNOLDS,MMC JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk June 11, 2014 CECELIA T.WEBB,CMC Assistant Deputy City Clerk Anthony R. Guilliams, Owner 26806 Lee Highway Buchanan, Virginia 24066 Dear Mr. Guilliams: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday, June 16, 2014, 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 your request to permanently discontinue, vacate and close an approximate 974 square foot portion of the right-of-way of Sanford Avenue, S. W., extending westward from its northeastern terminus adjacent to Brandon Avenue, S. W. The City Planning Commission at its meeting held on Tuesday, June 10, 2014, on a 5-1 vote, approved your request. If you would like a copy of the Planning Commission report, please contact Candace Martin, Acting Secretary, City Planning Commission, at (540) 853-1730. Lastly, it will be necessary for you, or your representative, to be present at the June 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, M• PQ 4.2 Stephanie M. Moon R nolds, NtMC City Clerk SMM:ctw Anthony R. Guilliams June 11 , 2014 Page 2 Pc: David and Jeannette Morris, 2012 Sanford Avenue, S. W., Roanoke, Virginia 24014 M and W Properties, Inc., 1348 Lakewood Drive, S. W., Roanoke, Virginia 24015 Candace Martin, Acting Secretary, City Planning Commission CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Sax: (540)853-1145 5"I'1?PIIANI F;M.MOON REYNOLDS,MMC M:-innil: elerk(n'roaookeva.gov JONATIIAN E.CRAFT,CMC City Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk June 17, 2014 Anthony R. Guilliams 26806 Lee Highway Buchanan, Virginia 24066 Dear Mr. Guilliams: A public hearing was conducted by the Council of the City of Roanoke on Monday, June 16, 2014, with regard to your request to permanently vacate, discontinue and close an approximately 974 square foot portion of the right-of-way of Sanford Avenue, S. W., from its northwestern terminus adjacent to Brandon Avenue, S. W. Action on the matter was postponed until the regular meeting of Council on Monday, July 7 at 2:00 p.m. The Council furthermore requests that you or a representative be in attendance to respond to questions and/or provide additional information regarding the alley closure. Sincerely, Lkt4fd ,. � 4) Stephanie M. Moon R n Ids, MC City Clerk pc: David and Jeannette Morris, 2012 Sanford Avenue, S. W., Roanoke, Virginia 24014 M and W Properties, Inc., 1348 Lakewood Drive, S. W., Roanoke, Virginia 24015 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Amelia Merchant, Acting Director of Finance Steve Talevi, Assistant City Attorney Candace Martin, Acting Secretary, City Planning Commission CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: June 16, 2014 Subject: A request from Anthony R. Guilliams to permanently discontinue, vacate and close an approximate 974 square foot portion of the right-of-way of Sanford Avenue, S.W. at its northern terminus adjacent to Brandon Avenue, S.W. and immediately south of Official Tax Map No. 1271820. Recommendation: The Planning Commission, by a 5-1 vote on the motion to approve, recommends that City Council approve the application for right-of-way vacation and that the applicant not be charged for the right-of-way. The Commission further recommends that the vacation be subject to the following conditions: 1 . The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. 2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from year the from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. Application Information Request: Right-of-Way vacation Adjoining Mr. Anthony R. Guilliams Owner/applicant City Staff Person: B.T. Fitzpatrick, III - City Planner/GIS Analyst Site Address/Location: Sanford Avenue, S.W. at its northeastern terminus adjacent to Brandon Avenue, S.W. and the southwestern property line of Official Tax Map No. 1271820. Official Tax Nos. of 1271820, 1 271 81 7 adjoining properties: Site Area: +/- 974 Square Feet Existing Zoning: MX, Mixed Use District Proposed Zoning: MX, Mixed Use District Existing Land Use: Residential Proposed Land Use: Residential Neighborhood Plan: Franklin-Colonial Neighborhood Plan Specified Future Land Residential Use: Filing Date: April 1 5, 2014 Background Mr. Guilliams would like to vacate the subject right-of-way to begin to maintain this area to enhance the visual appeal of the neighborhood. Due to the lack of maintenance it has become over grown and unsightly and detracts from the value of adjacent parcels. Considerations The existing portion of right-of-way is unimproved and not used for access by adjacent property owners. Access to Tax Map No. 1271820, and all adjacent properties will be maintained via Sanford Avenue, S.W. Future development potential exists on Tax Map No. 1271820. It is zoned MX, Mixed Use District, and has 14,630 square feet of land area. As it exists today, the property owner could construct five 2500 square foot dwelling units on the property. With the additional 974 square feet gained by the vacation of the Sanford Avenue right-of-way the total square footage of Tax Map No. 1271820 would increase to 1 5,604 sf. This would allow for one additional dwelling unit to be constructed on the property bringing the total number of dwelling units that can be constructed to six. Given the MX, Mixed Use District zoning, the potential for future commercial development exists for the site. 2 Surrounding Zoning and Land Use: Zoning District Land Use North MX, Mixed Use District Vacant South MX, Mixed Use District Residential East MX, Mixed Use District Vacant West MX, Mixed Use District Residential Compliance with the Zoning Ordinance: The zoning map will not be impacted by the vacation. The vacation of the City's interest in the right-of-way does not create any issues with the size or frontage requirements of abutting lots. Conformity with the Comprehensive Plan and Neighborhood Plan: Vision 2001-2020 encourages infill, new development, street improvements, and new development of underused sites to conform to the general design principles found in City Design: The Plan's Unifying Theme. This vacation will not alter the development pattern of the neighborhood in a negative manner. This vacation will not affect connectivity within the Franklin-Colonial neighborhood. Public Utilities: No comments City Department Comments: Access to the property will not be allowed from Brandon Avenue per the Transportation Division. Public Comments: Ms. Janette Morris of Sanford Avenue is opposed to the closure Planning Commission Work Session: Mr. Scholz stated if there is going to be a charge for the right-of-way the amount must be calculated and determined by the average square foot values of surrounding properties. Planning Commission Public Hearing Janette Morris of 2012 Sanford Avenue spoke in opposition to the request, stating that development of the site would take away a natural buffer from 3 Brandon Avenue and 1-581/220. Ms. Morris said that she had signatures of seven residents opposed to the request. Mr. Van Hyning, Mr. Scholz and Mrs. Penn asked if the applicant would be able to build an additional housing unit on the property if granted the request, and Staff responded to say that is true. In light of this, Mr. Scholz asked why there was no charge recommended, to which Staff explained that in theory an additional unit could be built, but the site design may not be possible to achieve such. Mr. Van Hyning asked what would be required if the applicant developed the property as it is now without the right-of-way. Mr. Hale also asked what the applicant could do in terms of clearing his property. Staff explained that the applicant could clear many of the trees and could develop the property to put as many as five dwelling units on it by-right. Staff also said that Sanford Avenue is not up to City standards per the Subdivision Ordinance in terms of width and paved area, thus access to the applicant's property would need to be addressed with this in mind, however curb, gutter and sidewalk could be required. 6540( Vo i a Chad Van Hyning, hai(�� City Planning Commissi n cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Mr. Anthony Guilliams 4 APPLICATION at/ STREET OR ALLEY VACATION ROANOKE Date: 04-14-2014 To Office of the City Clerk f3nIFISn Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. t Amen Appl( tton Noi Roanoke, VA 24011 Phone: (540) 853-2541 Fax: (540) 853-1145 All submittals must be typed and include all required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: End of Sanford Avenue from property line of 1271820 to Brandon Avenue. There is already a guard rail blocking access to this area. Proposed use of vacated street or alley: I would like to begin to maintain this area to enhance the visual appeal of the area. Currently,there is no one maintaining it,so it has become over grown,trashy,unsightly and detracts from the value of not only my property,but the entire area. Name of Applicant/Contact Person: Anthony R.cuilliams Mailing Address: 26806 Lee Highway,Buchanan,Virginia 24066 Teleph9ne: ( ) 540-254-2881 Fax: ( ) 540-563-7057 E-mail: lamesrivercarwash @verizon.net e /I - Ssva5'zogyu Applicant(s) signature(s): 0 I have read, signed and dated the attached page outlining conditions required for a successful closure. 5 • Post Approval Conditions Any right-of-way vacation approved by City Council is subject to the conditions below. These conditions relate to preparation and approval of the plat, and the recordation of the plat and the ordinance. A period of one year is provided to have the plat and ordinance recorded. Street and alley right-of-way vacations may be subject to the following conditions: 1. The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. 2. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from year the from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. By signing below I certify I have read and understand the conditions outlined above. I agree to the closure for which I have applied being subject to the attached conditions. • its r 6v- y- ate%y Aof icant Signature Date Updated December 2013 .'l+.ti m.S. .d� YS�' [{r# • _ 1. • .s Si6`ss '4 aw 1. .. r t3f REQUEST TO VACATE END OF SANFORD Exhibit 1 f w �' x' 1271821 a r. 1271808' . _�"• 1 , .. ; � a. 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A.h sir / et% $P!t Y'4 • V`$. . ,,...9 '� ��wir x co ''S1�iif/Y {Y �P` Rs ', X,.T'l�, \ 5- t � .� tom:. > K Sanford Avenue,S.W.TM#1271820 Adjacent Property Owners List TAXID LOCADDR OWNER OWNERADDR1 MAILCITY MAILST MAINZIPCOD 1271808 2012 SANFORD AVE SW MORRIS DAVID D&JEANNETTE D 2012 SANFORD AVE SW ROANOKE VA 24014 1271817 2001 LYNN AVE SW M &W PROPERTIES INC 1348 LAKEWOOD DR SW ROANOKE VA 24015 1271820 0 BRANDON AV SW GUILLIAMS ANTHONY R 26806 LEE HWY BUCHANAN VA 24066 I development.The land useI 'categories permitted in the (INPUD District incluhe' residential: 'accommodations and grouu. -living: commercial. !a s s e m b I y a n d' ('entertainment': public. The Roanoke Times ilinstltutional and community' transportation; Roanoke, Virginia utility: agricultural, and I accessory.with a maximum! Affidavit of Publication density of one dwelling unit 'per 1.800 square feet of loll area. The comprehensive The Roanoke Times plan designates the' property for large; + institutional and; recreation/open space use.' but does not specify density. The proposed uses CITY OF ROANOKE, PDV of the property will remain • unchanged: library: CITY PLANNING COMMISSION educational facilities, 215 CHURCH AVE, ROOM166 SW PUBLIC business school or NOTICE nonindustrial sty, school.,) college/university, ROANOKE VA 24011 elementary,' All public hearings Imiddle/secondary.school. advertised herein will be for the arts,day care center,I held In the City Council child; office, general or' Chamber, fourth floor, professional. REFERENCE: 80076514 Room 450,Noel C.Taylor Municipal Building, 215 Are quest from Anthony R. 13627558 PUBLIC HEARING NOTIC Church Avenue, S.W., 'Guilliams to permanently Roanoke, Virginia. All 'discontinue. vacate antl applications are available ,close an approximate 9741 for review in the Planning 'square foot portion of the State of Virginia Building and Development right-of-way of Sanford office, Room 166, 215 • Avenue. S.W_ extending, City of Roanoke Church Ave.S.W.,Roanoke, westward from its VA. northeastern terminus adjacent to Brandon Any person with a disability Avenue.S.W..and adjacent I , (the undersigned) an authorized representative requiring any special, to Official Tax Map No, ' accommodation to attend 1271820. of the Times-World Corporation, which corporation or participate in the hearings should contact Application by JEW.LLC to is publisher of the Roanoke Times, a daily Planning Building and 'rezone property and amend! newspaper ubll published in Roanoke, in the State of Development at (540) '.conditions proffered as part! p 853-1730 at least five days 'of a previous rezoning for Virginia, do certify that the annexed notice was prior to the scheduled the property located at g y hearing. .3425 Orange Avenue(US published in said newspapers on the following i Route 460),bearing Official The City of Roanoke iTax No. 7100704. The dates : Planning COlttntlselen will application is to rezone the hold public hearings on !property from CG. June 10,2014, at 1:30 (Commercial-General • p.m., or as soon as the IDistrict.with conditions,to matters may be heard;to CLS.Commercial-Large Site consider these applications: District, with a condition that the site will be Application by the City of developed in substantial Roanoke to amend the conformity to a proffered City/County of Roanoke, Commonwealth/State of Planned Unit Development development plan. The Plan ("Plan") for the conditions proposed for property located at 2102 repeal,adopted through the Virginia. Sworn and subscribed before me this Grandin Road. S.W enactment of Ordinance No. LAWN day of JUNE 2014 . Witness my hand and containing approximately 24626. required the 96 acres,bearing Official petitioner to share in the official seal . Tax No.1460101,and a cost of signalization of the proffer pertaining to the intersection at King Street Plan,to permit expansion of N.E. and US Route 460: the Raleigh Court branch restrict the number of 'L±e`_- - °a Notary Public library previously rezoned to entrances off of Springtree 4 - Institutional Planned Unit !Drive to one: and require Development Olstrict •the petitioner to plant a tree (INPUD), through the I butter along Springtree adoption of Ordinance 'Drive and the eastern 38815-051710 on May 17, Iboundary of the site. The 2010. The amendment to application is to permit vvx°tot tr t,"'a the Plan relates to the construction of a new O,J, P LA Y4,7 z expansion of the building commercial development •.. 1 and parking along with with a changed site associated site configuration and PUBLISHED ON: 05/28 ' Q�=•NO1 SPY >J - amenities. The land use Q LAC, categories permitted in the pUd / • �T ,CLS District include m . Rf70gCi'�� � ':accommodation and group CO � a ; Q _ living; commercial, t � industrial: assembly and M�1007. t _ entertainment: public. �^�. CD institutional and community C� Q facilities:transportation: a J\ utility: agricultural: and j accessory:with a maximum z',.,�c%f r 1 t-∎V% .`\ ''floor area ratio of 5.0. The TOTAL COST: 858 .72 %f�o.- (comprehensive plan FILED ON: 06/04/14 :designates the property for shopping center use,but + i does not specify density. The proposed use of the !property is health and !fitness center. eating ;establishment.and retail 1 sales establishment. Authorized OiINAd /�,y Signature: "..— S4Cji:111 _ _ __ ,-,ui-A 871 irig,;Services Representative Candace Martin,Acting Secretary, City Planning) Commission City Commit will hold a l fo asaid applications on on June.18,..2014,at.7:00 0110,411416La6491,44 the matters may be heard. City Clerke M.Moon,MMC. (7879 as amended,to establish tablish a recycling center, The City of RoNOkr' this location. Board of Zoning Appeals hold a public 014h atring on Candace Martin,Acting p.m., or as soon as the ppe Baa rd of Zoning may be heard,to APPeals g consider these applications: (13627558) Application from Western Virginia Water Authority for property located at 2012 ` I Jefferson Street, S.E., bearing Official Tax No. 4060502, zoned ROS, Recreation and Open Space District, for a special, exception pursuant to', Section 36.2-705 of the Code of the City of Roanoke (1979), as amended,to permit the expansion of a nonconforming use consisting of an above-ground storage tank and generator, at this location. Application from Ann Mare.' White and Dustin Eshelman for property located at 2108 Broadway Avenue, S.W.,bearing Official Tax No.1050301,zoned CN, for special Commercial-Neighborhood, for a special exception pursuant 36.2-315 of the Codecof the City of Roanoke(1979),as amended,to establish an eating and drinking establishment,abutting a residential ocation. district,at this l Application from Third Capital,Inc,for properties located at 835 and 0 Hone Street,S.W.,and 0 Railroad Avenue, S.W., bearing Official Tax Numbers 1410226, 1510104, 1510201 & 1510202, zoned -2,Heavy Industrial, for a special exception pursuant to Section 36.2-322 of the Zoning Code of the City of Roanoke PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE All public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All applications are available for review in the Planning Building and Development office, Room 166, 215 Church Ave. S.W., Roanoke, VA. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact Planning Building and Development at (540) 853-1730 at least five days prior to the scheduled hearing. The City of Roanoke Planning Commission will hold public hearings on June 10, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by the City of Roanoke to amend the Planned Unit Development Plan ("Plan") for the property located at 2102 Grandin Road, S.W., containing approximately 96 acres, bearing Official Tax No. 1460101, and a proffer pertaining to the Plan, to permit expansion of the Raleigh Court branch library previously rezoned to Institutional Planned Unit Development District(INPUD), through the adoption of Ordinance 38815- 051710 on May 17, 2010. The amendment to the Plan relates to the expansion of the building and parking along with associated site development. 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 large institutional and recreation/open space use, but does not specify density. The proposed uses of the property will remain unchanged: library; educational facilities, business school or nonindustrial trade school, college/university, elementary/ middle/secondary, school for the arts; day care center, child; office, general or professional. A request from Anthony R. Guilliams to permanently discontinue, vacate and close an approximate 974 square foot portion of the right-of-way of Sanford Avenue, S.W., extending westward from its northeastern terminus adjacent to Brandon Avenue, S.W., and adjacent to Official Tax Map No. 1271820. Application by JETR, LLC to rezone property and amend conditions proffered as part of a previous rezoning for the property located at 3425 Orange Avenue (US Route 460), bearing Official Tax No. 7100704. The application is to rezone the property from CG, Commercial-General District, with conditions, to CLS, Commercial-Large Site District, with a condition that the site will be developed in substantial conformity to a proffered development plan. The conditions proposed for repeal, adopted through the enactment of Ordinance No. 24626, required the petitioner to share in the cost of signalization of the intersection at King Street N.E. and US Route 460; restrict the number of entrances off of Springtree Drive to one; and require the petitioner to plant a tree buffer along Springtree Drive and the eastern boundary of the site. The application is to pci niit construction of a new commercial development with a changed site configuration and amenities. The land use categories permitted in the CLS District include accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory; with a maximum floor area ratio of 5.0. The comprehensive plan designates the property for shopping center use,but does not specify density. The proposed use of the property is health and fitness center, eating establishment, and retail sales establishment. Candace Martin, Acting Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on June 16, 2014, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on June 11, 2014, at 1:00 p.m., or as soon as the matters may be heard, to consider these applications: Application from Western Virginia Water Authority for property located at 2012 Jefferson Street, S.E., bearing Official Tax No. 4060502, zoned ROS, Recreation and Open Space District, for a special exception pursuant to Section 36.2-705 of the Code of the City of Roanoke (1979), as amended, to permit the expansion of a nonconforming use consisting of an above-ground storage tank and generator, at this location. Application from Ann Maree White and Dustin Eshelman for property located at 2108 Broadway Avenue, S.W., bearing Official Tax No. 1050301, zoned CN, Commercial- Neighborhood, for a special exception pursuant to Section 36.2-315 of the Code of the City of Roanoke (1979), as amended, to establish an eating and drinking establishment, abutting a residential district, at this location. Application from Third Capital, Inc, for properties located at 835 and 0 Korte Street, S.W., and 0 Railroad Avenue, S.W., bearing Official Tax Numbers 1410226, 1510104, 1510201 & 1510202, zoned I-2, Heavy Industrial, for a special exception pursuant to Section 36.2-322 of the Zoning Code of the City of Roanoke (1979), as amended, to establish a recycling center, at this location. Candace Martin, Acting Secretary, City Board of Zoning Appeals Please publish in newspaper on May 28 and June 4, 2014. Please bill and send affidavit of publication to: Candace Martin, Acting Secretary City Planning Commission Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1730 Please send affidavit of publication to: Stephanie M. Moon, MMC, City Clerk 215 Church Avenue, S. W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-1536 (540) 853-2541 May 27, 2014 and 9:32 a.m. (sent up to CA) re CITY OF ROANOKE"11414�" OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 t ,4, , Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: elerk(✓Nroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk April 15, 2014 Rebecca Jo Cockram, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Cockram: Pursuant to Section 36.1-690(e), Code of the City of Roanoke (1979), as amended, I am attaching copy of an Original Application for Street or Alley Vacation received in the City Clerk's Office on April 15, 2014, from Anthony R. Guilliams requesting that the end of Sanford Avenue to Brandon Avenue, S. W., from property line of Official Tax Map No. 1271820, be permanently vacated, discontinued, and closed. Sincerely, icktit- ,„14,itY) ort/wil ho Stephanie M. Moon Re nolds, C City Clerk Enclosure pc: Th:' .o or-ble Mayor and Members of the Roanoke City Council Mr. =3 uilliams , 26806 Lee Highway, Buchanan, Virginia 24066 Susan S. L.wer, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney 7 CT Id 73ti,i+ da •71 cif f\42701 3 iy / Azi‘ spease/ eat- rt ibi y 4V"} F 4 y E} r` Q % .., 1 x is hii AP •q�. :ni 1 at l''' s .$! , - • ••.' a _ •• #.. ' aiti to fir' t i - \ t r; .i l� is * 1/1/ ° ' ;✓.. ' .4:71/4111� # ! t ea /' i > , k r N� t„,•', 104 TT (_d fa Bi�� �! % r ( R � � 7w/U �' i ��;q •{� a tt• • W ° yA)I�411k t'y ti‘'..* aJ •.ALA ..� ,l. .°e T o-a 1'4 'ems `fig. <ti �.i F\ SC - ` Vim. A. v { ' . t - .i T- ,. "0;7' _ -. , � r • fig. 1• Roanoke City Council Members Resolution No. 25523 Map #1271820 �3 - 1 Hello, my name is Teresa Bryant. I also oppose the opening of the right of way closure. We feel that this portion of the alley is not capable of handling "ANY "large equipment due to the narrowness and cliff's behind the apartments. Not to mention the traffic it will bring later for a single lane road. We ask City council to reconsider this decision, and ask you to please do a study; so that future tragedies may be avoided. I have provided council members with some pictures. So you can better understand the condition of this alley, which is referred to as a road. Thank You 699 21st St SW - Google Maps Page 1 of 1 GoogleAddress Address is approximate Entering the alley for the homes on Sanford Ave. S.W. Roanoke, Va. i e 4,&' R l '„ ft. ;� ti .� 1 I- lt'' .�. 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Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: elerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk July 22, 2014 Sean Home, Agent Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Horne: I am enclosing copy of Ordinance No. 40007-072114 repealing Ordinance No. 38287- 111708, adopted on November 17, 2008, to the extent it placed certain conditions on property located on Zero Belle Avenue, N. E., bearing Official Tax Map No. 7060113; and accepting the proffer as set forth in the Zoning Amendment Amended Application No. 1 dated July 3, 2014, and placed on Zero Belle Avenue N. E. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 21, 2014; and is in full force and effect upon its passage. 44--k Si Stephanie M. Moon Reyno Ids; City Clerk Enclosure pc: Mountain Brook Homeowners Association, P.O. Box 665, Vinton, Virginia 24179 Mountain Brook Development, Inc., 3925 Apricot Trail, N. E., Roanoke, Virginia 24012 Mountain Brook Villas, LLC, 1302 Second Street, S. W., Roanoke, Virginia 24016 Billy and Jean Wagner, 3355 Skylar Court, N. E., Roanoke Virginia 24012 Robert and Maryellen Struppler, 3351 Skylar Court, N. E., Roanoke, Virginia 24012 Sean Home, Agent July 22, 2014 Page 2 pc: Daniel and Rhonda Sullivan, 229 Mountain Brook Drive, N. E., Roanoke, Virginia 24012 Jacob Pham, 233 Mountain Brook Drive, N. E., Roanoke, Virginia 24012 Bryan Ingraham and Amy Fogg, 3463 Belle Avenue, N. E., Roanoke, Virginia 24012 Kenneth Thomas and Kathy Kemp, 3635 Preakness Court, N. E., Roanoke, Virginia 24012 Vinton Congregation of Jehovah's Witnesses, P.O. Box 222, Vinton, Virginia 24179 C and D Builders, 3810 Cundifff Drive, N. E., Roanoke, Virginia 24012 Ricky and Marsha Carver, 3671 Belle Avenue, N. E., Roanoke, Virginia 24012 Bulwark Industries, LLC, P.O. Box 10731, Roanoke, Virginia 24022 Jack and Oneida Rothrock, 3532 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 Lynn and Mark McVicker, 3526 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 Douglas and Janice Goerke, 3540 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 Wilbur and Ruth Tucker, 3544 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 William and Tyree Brunelli, 3548 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 William and Nicholas Long, 3552 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 Margaret Macher, 3556 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 Tim Patton, 3109 Winterberry Square, Roanoke, Virginia 24018 Michael and Frances Bartkiewicz, 181 Berkley Road, N. E., Roanoke, Virginia 24012 Christopher P. Morrill, City Manager Barbara A. Dameron, Director of Finance Steven J. Talevi, Assistant City Manager Candace Martin, Acting Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2014. No. 40007-072114. 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, by amending a proffered Planned Unit Development Plan pertaining to property located on Zero Belle Avenue, N.E., bearing Official Tax Map No. 7060113, and by amending the proffer applicable to the subject property; and dispensing with the second reading of this ordinance by title. WHEREAS, Mountain Brook Villas, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend a Planned Unit Development Plan previously proffered as a condition of a conditional rezoning, to permit a different type of residential development as it pertains to the parcel located on Zero Belle Avenue, N.E., bearing Official Tax Map No. 7060113; WHEREAS, Mountain Brook Villas, LLC, has also made application to the Council of the City of Roanoke, Virginia ("City Council"), to repeal Ordinance No. 38287-111708, adopted November 17, 2008, to the extent that it placed certain conditions on property located on Zero Belle Avenue, N.E., bearing Official Tax Map No. 7060113, and replacing such conditions with a new proffer; 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 Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on July 21, 2014, 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 1 an opportunity to be heard, both for and against the proposed repealing of Ordinance No. 38287- 111708, adopted November 17, 2008, the amending of the Planned Unit Development Plan pertaining to the property, and the adding of a proffer pertaining to the subject property; WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the repealing of Ordinance No. 38287-111708, adopted November 17, 2008, to the extent it placed certain conditions on property located on Zero Belle Avenue, N.E., bearing Official Tax Map No. 7060113, and replacing them with a new proffer and amending a previously proffered Planned Unit Development Plan, and is of the opinion that the conditions now binding upon the subject property, should be repealed and replaced as requested with a proffer and an amended Planned Unit Development Plan as set forth in the Zoning Amendment Amended Application No. 1 dated July 3, 2014. 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 the amendment of the Planned Unit Development Plan, as it pertains to the property bearing Official Tax Map No. 7060113, as set forth in the Zoning Amended Application No. 1 dated July 3, 2014. 2. Ordinance No. 38287-111708, adopted November 17, 2008, to the extent it placed certain conditions on property located on Zero Belle Avenue, N.E., bearing Official Tax Map No. 7060113, is hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2 3. That the proffer set forth in the Zoning Amendment Amended Application No. I dated July 3, 2014, is accepted and placed on the property located on Zero Belle Avenue, N.E., bearing Official Tax Map No. 7060113, and that §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 such action. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A11EST: uV City C 3 3 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 21 , 2014 Subject: Application by the Mountain Brook Villas LLC to amend the Planned Unit Development Plan ("Plan") for the property located at 0 Belle Avenue, N.E., bearing Official Tax No. 7060113, and proffers pertaining to the Plan, to permit a different type of residential development, previously rezoned to Mixed Use Planned Unit Development District (MXPUD), through the adoption of Ordinance No. 38287-111708 on Nov. 17, 2008. The amendments to the Plan and the proffer changes relate to the changes to, and reconfiguration of, the type of dwelling units, along with associated site development. The proposed use of the property is detached single family dwellings. Recommendation The Planning Commission held a public hearing on Tuesday, July 8, 2014. By a vote of 6 - 0 the Commission recommended approval of the rezoning request, finding Amended Application No. 1 is consistent with the City's Comprehensive Plan, Hollins/Wildwood Area Plan, and Zoning Ordinance as a portion of existing residential property will be redeveloped for a use appropriate to the surrounding area. Application Information Request: Amendment of Planned Unit Development & Proffered Conditions Owner: Ed Lindsley, Mountain Brook Villas, LLC Applicant: Owner Authorized Agent: Sean Horne, Balzer and Associates, Inc. City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address/Location: 0 Belle Ave. SW Official Tax Nos.: 7060113 Site Area: 47.07 acres (within City of Roanoke limits) Existing Zoning: MXPUD, Mixed Use Planned Unit Development District Proposed Zoning: MXPUD, Mixed Use Planned Unit Development District Existing Land Use: Vacant Proposed Land Use: Single Family Residential Neighborhood Plan: Hollins/Wildwood Area Plan Specified Future Land Use: Single-family, Medium Density Filing Date: Original Application: June 05, 2014 Amended Application No. 1 : July 7, 2014 Background On November 17, 2008, City Council adopted Ordinance No. 38287-111708 rezoning the tracts of land containing approximately 47.07 acres within the City of Roanoke to MXPUD, with conditions, with a development plan for a planned residential community. The phased development was to contain 1 1 5 housing units, made up of four-unit villas, two-family dwelling units, and a community club house with pool, walking trails, sidewalks, street lights, open space, and preserved natural site features such as Glade Creek In May 2014, members of the project team met with City staff to discuss an amendment to the Planned Unit Development Plan. . They proposed to build 96 detached single-family dwellings instead of the villas and duplexes previously planned for the parcel. In June 2014, Mountain Brook Villas, LLC filed an application to amend the planned unit development plan to one that depicts 96 detached single-family units with front loaded garages accessed by individual driveways. The lots would be accessed by a private street consisting of a 26 foot roadway, six foot planting strip with four foot sidewalk along one side of the street, ten foot planting strip along the opposite side of the street, and large street trees. In July 2014, the owner filed an amended application addressing staff comments. Amendment of Proffered Conditions and Planned Unit Development Plan PROFFERS TO BE REPEALED FOR TAX PARCEL #7060113 1) The project Mountain Brook Villas will be developed in substantial conformance with the "Planning and Design Documents for Mountain Brook Villas" Dated September 16, 2008. 2) The project Mountain Brook Villas will be developed in substantial conformance with the "Mountain Brook Villas Development Plan" Dated September 16, 2008. PROFFERS TO BE ADOPTED FOR TAX PARCEL #7060113 I) The project Mountain Brook Villas will be developed in substantial conformance with the "Planning and Design Documents for Mountain Brook Villas" Dated June 5, 2014. Considerations The property is a large vacant parcel of land in the northeast quadrant of the City. The northwestern edge of the property has steep slopes. Approximately 1/3 of the southeastern portion of the property is in either the floodway or floodplain of Glade Creek. The parcel is surrounded by single family residential zoning districts of varying densities. 2 Surrounding Zoning and Land Uses: Zoning District Land Use North R-7, Residential Single-Family Dwelling, Single-Family Detached District South RA, Residential-Agriculture Railroad Tracks and Dwelling, Single- Family Detached East Roanoke County Dwelling, Single-Family Detached and Vacant West R-5, Residential Single-Family Dwelling, Single-Family Detached, and District; R-1 2, Residential Place of Worship Single-Family District; and INPUD, Institutional Planned Unit Development Compliance with the Zoning Ordinance: The purposes of the MXPUD District are to encourage the orderly development of mixed residential/commercial sites and to encourage innovative development patterns that create a desirable environment, particularly for lots that contain a number of constraints to conventional development. These regulations are designed to achieve the following objectives: 1 ) Promote efficient use of land and infrastructure through high quality urban design; 2) Promote a development pattern in harmony with existing development and the objectives of the City's Comprehensive Plan; 3) Permit a compatible mix of commercial and residential uses; 4) Provide safe, efficient access and traffic circulation; 5) Create opportunities to use new technologies in managing the quality and quantity of stormwater; and 6) Encourage the preservation of steep slopes, floodplains, historic structures and areas, and unique, natural, or geological formations. The proposed development plan fulfills most objectives stated in the purpose of the MXPUD District. The plan provides for compatible architecture in keeping with the surrounding neighborhood; accommodations for automobiles and pedestrians; efficient management of quality and quantity of stormwater; addition of large street trees to provide shade and separate pedestrians from vehicular traffic; and the preservation of steep slopes and natural area surrounding Glade Creek. In MXPUD District, development features that are required or regulated by the zoning ordinance for the offsite parking are not shown on the development plan. These details will be finalized during the development review process. 3 Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001-2020 and the Hollins/Wildwood Area Plan recognize the opportunity for development that a large tract of land surrounded by residential development is for the City of Roanoke. Relevant policies and action items in the Comprehensive Plan include: Roanoke should cooperate with its neighbors to protect the scenic beauty of the Roanoke Valley by limiting ridgetop development, preserving important viewsheds, and protecting natural waterways. Roanoke should cooperate with its neighbors to mitigate the effects of population growth by supporting cluster development, the preservation of open space, and the development of a multi-modal transportation network throughout the Roanoke Valley. Suburban neighborhoods Suburban neighborhoods are characterized by large lots (greater than 7,000 square feet), a variety of housing sizes and styles, deep front yard setbacks, wide curvilinear streets, and prominent driveways and garages. These neighborhoods developed after World War II as dependency on the automobile increased. Design principles: • New residential development should incorporate traditional neighborhood principles rather than suburban patterns. • Street improvements within suburban neighborhoods should focus on greater vehicular connection, pedestrian amenities, and reduction of pavement width. Housing Clusters Housing clusters are market-rate residential developments consisting of a mixture of residential uses (single-family, two-family, townhouses) on a large site, located within or adjacent to existing developments of established neighborhoods. Smaller than a traditional suburban subdivision but larger than a single lot infill home, housing clusters are partly defined by the ability and willingness of builders to acquire and package land in a developed, urban setting. Two examples are illustrated: Downtown, higher density infill location requiring a single city block site, and development of a traditional neighborhood design planned unit development on a single 50+ acre site. 4 City Design: 4.3 Design Illustrations and Schematics yondug �.ng�e{ Design Schematic: Traditional immt maR g een rear near c ek s Neighborhood Design a L , Land Uses: A mix of single '���i.'�i�p �11 '` ,-� '' _ • family detached, duplex, single - .e.� -- family attached, and multi- -, ;,aM ` . r'S? : .'�� � sr 5 g t ,y, family dwelling units. Higher -i _ 't rd"r ` density residential i-� °a development should be located ,-ti; . '-.� -`� 1`4ysni .x" ,.*d_ adjacent to the village center --`D, including apartments above shops. Compatible =n new h� Ce it al ease governmental, religious, enter"ehws rstku<on on axis with recreational, and other uses required to support the residents of the new and surrounding area are encouraged. Neighborhood Tradition,'Nofghborhood Design:Large Sae service, commercial, retail, and office uses should be located in the village center. Open space such as neighborhood and community parks, greenways, and trails should be developed. Greenways should be connected to the surrounding neighborhoods. Roadways: Principal access points should be designed to encourage smooth traffic flow at a pedestrian-friendly speed. Where possible, neighborhood streets should connect with existing neighborhood streets to complete the street grid pattern of the surrounding area. Parking: Parking in the village center should be located at the rear of the buildings or in a screened parking area. Streetscape: Higher density structures should be built to the building line with parking located in the rear or in parking areas. Single-family attached and detached structures should be built not more than 10 feet set back from the edge of the sidewalk, with parking located in the rear. Where possible, alleys should be created to serve rear access garages and parking areas. An area identity is created by careful use of plant materials, lighting, street furniture, and signage. Other features: Yards, fences, walls, or vegetative screening at the edge of the neighborhood should be provided to screen residential areas from undesirable views, lighting, noise, or other off-site impacts. The proposed development plan does not follow the recommended development pattern for few large remaining parcels designated for future 5 residential development in this area. Staff has some concern that the proposed amendment reduces housing choice to only single-family units. However, it does allow for continued development of the property in a manner that is compatible with the surrounding neighborhood through the placement and orientation of the buildings and associated site development. The Hollins/Wildwood Area Plan recognizes that the large undeveloped tract of land off of Belle represents an enormous opportunity for the City of Roanoke for residential development in an area that has few large parcels available. The plan is very descriptive about the type of housing development that should be encouraged on these parcels to maximize the land while creating a development in a manner appropriate to the surrounding community. Relevant discussion, policies, and action items in the plan include: Residential Development Opportunities: • Vision 2001-2020 encourages "housing clusters" on large sites. Housing clusters are market-rate developments that consist of a mixture of single- family, duplex, and townhouses. With most of the City's parcels already developed, or 'built out,' vacant or underutilized land is at a premium. New developments need to maximize the use of the land and preserve the natural environment as much as possible. Cluster development is ideal for large sites as it allows for greater densities while still maintaining some green space that benefits all residents. o Design features of housing clusters include: o Traditional neighborhood design; houses should be oriented close to the street (less than 20 feet) and to each other. Houses have minimal setback distance from the street, and parking should be on-street, or to the rear or side of the house. o Traditional neighborhood streets; pavement widths need only be between 22-30 feet, and lined with trees, curb, gutter and sidewalk. o Green space; approximately 20% of the development should be preserved either as natural forest or a landscaped buffer. o Stormwater management; retention or detention ponds should be incorporated into the development without detracting from the aesthetic quality of the natural environment. • Several sites could be potential housing cluster developments. The City should consider residential development on these sites, only if a detailed plan were created that conforms to the design guidelines of Vision 2001- 2020, the City's comprehensive plan, and the goals of the forthcoming Strategic Housing Plan. Such a plan would be required to maximize the 6 number of units, limit parking and impervious surfaces, and preserve green space. Residential Development: • New development: New development should be well-planned and use limited land resources wisely. Infrastructure should be installed in conjunction with new development, including street improvements to address added traffic. • Housing Clusters: o Support the rezoning of vacant or underutilized large sites for mixed density housing that is consistent with the design guidelines of Vision 2001 -2020. o Consider the development of several properties in the areas denoted on the Residential Development Opportunities map. Infrastructure: • Curb, Gutter and Sidewalk Improvements: New developments and arterial and collector streets should have urban amenities such as sidewalks and curb and gutter. Appropriate species of trees should be planted as a part of such improvements. • New Development: Infrastructure should be installed in conjunction with new development, including street improvements to address added traffic. Traffic studies by prospective developers may be required. The principal consideration is whether the proposed rezoning and proffered development plan and conditions are consistent with Vision 2001-2020 and the Hollins/Wildwood Area Plan. The proposed development plan does not follow the recommended development pattern for few large remaining parcels designated for future residential development in this area. Staff is concerned that the proposed amendment does not maximize the developable use of the land, has reduced housing choice both in number and type. However, it does keep the new houses close to the street and to each other; has a narrow street lined with trees, curb, gutter, and sidewalk; and preserves greenspace. This proposed development type does allow for continued development of the property in a manner that is compatible with the surrounding neighborhood through the placement and orientation of the buildings and associated site development. Furthermore, while dead end streets are not encouraged, there is limited opportunity to connect to existing and future street systems. It is appropriate that the street be designated as private as it will provide no connectivity to the public system of streets in the area. 7 City Department Comments: City staff has asked the applicant to provide the following additional information: • Provide 100-year floodplain information on development plan • Provide information on how housing shown in floodplain will be addressed through floodproofing and related provisions. • Since the proposed street is private (no public right of way), please indicates "Private Right of Way" on the plan. • Provide trip generation analysis information based on the recommended procedure from ITE "Trip Generation Handbook 2nd edition, page 10. Public Comment Summary None Planning Commission Work Session (lune 20, 2014): • Provide information on how buildings in floodplain are to be addressed. Applicant Response to Staff, Public, and Planning Commission Comments The owner submitted an amended application showing the 100 year floodway and floodplain on the development plan, labeled the proposed street as private, provided trip generation numbers for the development, and corrected some dates within the application. Planning Commission Public Hearing Discussion: The following comments and questions were posed by the Planning Commission at their July 8, 2014 public hearing. • Ms. Katz asked about the location of the floodway and floodplain in the development plan. o Mr. Crew said the revised application showed the floodway and would remain the same while the floodplain line would shift to the east. • Ms. Penn asked if there would only be sidewalk on one side of the road. o Mr. Crew stated that the sidewalk on one side of the road would be adequate for these private streets. • Mr. Scholz asked about the stormwater management shown in the floodplain. o Mr. Crew said that stormwater management areas in the floodplain are permissible, but not ideal and they would be looking at the grading. 8 • Mr. Scholz asked about the different designs of houses on individual lots. o Mr. Crew said it was for different roof styles. • Ms. Katz asked if the stormwater management pond at the entry changed. o Mr. Crew said that it would be reworked during the engineering phase. • Mr. Talevi asked if the subdivision ordinance allowed for private roads and where cars would park. o Staff said that the ordinance does allow for private streets and that each dwelling unit has a driveway and garage for parking. There was no public comment during public hearing. Oad Va4dr U Wan Chad Van Hyning, Chair City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel .). Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Ed Lindsley, Mountain Brook Villas, LLC Sean Horne, Balzer and Associates, Inc. 9 1. izzl)-iii i /- _ _,.-Ta-, ,-0D- lip _ Airra-4 Department of Planning,Building and Development RECEIVED ROA N O K E Room 166,Noel C.Taylor Municipal Building 215 Church Ave0e,S.W. JUL - 7 9014 Roanoke,Virginia 24011 PleXAMVITIES Phone: (540)853-1730 Fax: (540)853-1230 CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT Date: 7-3-2014 Submittal Number: Amended Application No.1 ❑ Rezoning,Not Otherwise Listed p Amendment of Proffered Conditions ❑ Rezoning,Conditional IM Amendment of Planned Unit Development Plan ❑Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: 0 Belle Ave NE Official Tax No(s).: 7060113 EAsitig Base Zoning: l3 With Conditions If multiple zones,please manually enter all districts. MXPUD,Mixed Use Planned Unit Development ( p p y ) ❑ Without Conditions Ordinance No(s).for Existing Conditions(If applicable): 38287-111708 I3 With Conditions Proposed Requested Zoning: MXPUD,Mixed Use Planned Uni ❑ Without Conditions Land Use: Single Family Residential 1 TJ i 'tin . Name: Mountain Brook Villas LLC Phone Number +1 (540)580-5315 Address: 1302 2nd St SW,Roanoke,VA 24016 E-Mail: ed @mountalnbrookbuilders.com Property Owners Signature: Name: Phone Number: Address: E-Mall: Applicants Signature: Name: Balzer and Associates Inc-Sean Home Phone Number. +1 (540)772-9580 Address: 1208 Corporate Circle Roanoke,VA 24018 E-Mail: shorne @balzer.cc Authorized Agent,S ure: MOUNTAIN BROOK VILLAS REZONING REQUEST NARRATIVE: The purpose of this request is to amend the Mountain Brook Villas Planned Unit Development and to amend the Proffered Conditions. The subject property was originally rezoned from R-12 to MXPUD in 2008 to allow for the development of up to 115 attached patio style homes. This request is being made to change the proposed development pattern to allow for a total of 96 detached patio homes. While the development pattern of Mountain Brook Villas will change, the guiding principles of the original request are being maintained. The proposed development still offers a smaller footprint home in a clustered setting. The proposed roads will be privately maintained. Street trees, sidewalks, and street lights will still be provided. Over 50% of the property will be preserved as open space and the developer maintains an interest in having the greenway extended through the property adjacent to the existing street. Due to the decrease in proposed dwelling units, there are no anticipated negative impacts to the public infrastructure beyond what was anticipated with the previous request. PROFFERS TO BE REPEALED FOR TAX PARCEL #7060113 1) The project Mountain Brook Villas will be developed in substantial conformance with the"Planning and Design Documents for Mountain Brook Villas"Dated September 16, 2008. 2) The project Mountain Brook Villas will be developed in substantial conformance with the"Mountain Brook Villas Development Plan"Dated September 16,2008. tC\‘ IN THE COUNCIL OF THE CITY OF ROANOICE, VIRGINIA The 17th day of November, 2008. No. 38287-111708. 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 properties within the City, and dispensing with the second reading of this ordinance by title. WHEREAS, Mountain Brook Development, hie., represented by Sean Home, Balzer and Associates, Inc., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have properties located on Belle Avenue, N.E., bearing Official Tax No. 7060113, and 237 Mountain Brook Drive, N.E., bearing Official Tax No. 7050164, rezoned from R-12, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District, subject to the conditions that the properties will be developed in substantial conformity with the "Planning and Design Documents for Mountain Brook Villas" revised date of September 16, 2008, and that the project Mountain Brook Villas will be developed in substantial conformity with the "Mountain Brook Villas Development Plan"revised date September 16,2008; 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 November 17, 2008, 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 0-Mountain Brook Development-rezone.dot I 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 properties, and for those reasons, is of the opinion that the hereinafter described properties 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 properties located on Belle Avenue, N.E., bearing Official Tax No. 7060113, and 237 Mountain Brook Drive, N.E., bearing Official Tax No. 7050164, be and is hereby rezoned from R-12, Residential Single Family District, to MXPUD, Mixed Use Planned Unit Development District, subject to the conditions that the properties will be developed in substantial conformity with the"Planning and Design Documents for Mountain Brook Villas"revised date of September 16, 2008, and that the project Mountain Brook Villas will be developed in substantial confonnity with the "Mountain Brook Villas Development Plan" revised date September 16, 2008, as set forth in the Zoning Amended Application No. 1 dated September 16, 2008. 0-Mountain Brunk Develupmcnl-rezone.doc 2 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 rLity Clerk. DQYV C 0-Mountain Brook Development-rezone.doc 3 PROFFERS TO BE ADOPTED FOR TAX PARCEL#7060113 1) The project Mountain Brook Villas will be developed in substantial conformance with the"Planning and Design Documents for Mountain Brook Villas"Dated June 5,2014. ',[i) ea' ''T fllG° Planning and Design Documents for MOUNTAIN BROOK VILLAS RECEIVED Property Owner/Developer: JUL - 7 ?014 Mountain Brook Villas, LLC Attention: Mr. Ed Lindsley CITY OF ROANOKE 1302 2"d St SW PLANNING BUILDING ANL,a v€.OPMENT Roanoke, VA 24016 Consulting Firm: Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, VA 24018 Project# R0500378.02 Date: June 5, 2014 BALM. AND ASSOCIATES INC REFLECTING TOMORROW 2 Table of Contents: I. Table of Contents Page 3 II. Planning and Use Statement/Vicinity Map Page 4 Ill. Rezoning/Background Information Page 5 IV. Vision Statement Page 6 V. Housing Styles Page 7 VI. Streets Page 8 VII. Development Standards Page 9 VIII. Maintenance and Use Standards Page 11 IX. Development Plan Page 12 Via, .1, 3 Planning/ Use Statement: This planning and design document is intended to provide guidance and development standards for the Mountain Brook Villas Mixed Use Planned Unit Development District (MXPUD). Mountain Brook Villas is a proposed 47.07 acre Mixed Use Planned Unit Development consisting of residential development located within the Hollinsldwood area of the City of Roanoke. An additional 2.40 ac. is located within the County of Roanoke and is not part of this rezoning. The total acreage for the parent tract is approximately 49.47 acres. No proposed units will be located on the Roanoke County portion of the site and no rezoning is required for that portion. The intent of this project is to provide a residential development pattern that reflects the ideals found within the neighborhood plan while incorporating the character of the natural features of the site. General site and architectural standards are set forth within this document. The development guidelines shall be referenced by the developer and the Home Owners Association to maintain a consistent character within the Mountain Brook Villas development. The development will provide single family homes and the current development plan indicates a maximum of 100 units to be constructed onsite. The neighborhood will provide many amenities and recreation opportunities for the residents such as sidewalks, street lights, open space, and the preservation of natural site features such as Glade Creek. Vicinity Map: • SITE a C� AJNTA'L OV C�;TF' __ O[ .U :It'I�IOII J� y e G7 tS 4? </j ViNY+RII PARR Rezoning/Background Information: Ogiesiesi 4 Site Summary Property Owner/Developer: Mountain Brook Villas, LLC Attention: Mr. Ed Lindsley 1302 2nd St SW Roanoke, VA 24016 Tax Parcel ID#: 7060113 Total Acreage: 47.07 acres within the limits of the City of Roanoke (Area being rezoned) Approx. 2.40 ac. located within the County of Roanoke Approx. 49.47 ac. total for tracts Existing Zoning: MXPUD — (Mixed Planned Unit Development District) Overlay District: RCC - (River and Creek Corridor Overlay District) Proposed Zoning: MXPUD — (Mixed Planned Unit Development District) Zoning Ordinance/Area Plan Compliance This development is in compliance with the intent of the Hollins/Wildwood neighborhood plan and the Roanoke City Zoning Ordinance. This project provides neighborhood cluster housing that is outlined in the neighborhood plan as a desirable attribute to this area. The proposed development will incorporate the required infrastructure improvements such as water/sewer services, curb and gutter, and sidewalks. This development maximizes the use of the land while preserving the natural environment of Glade Creek. Useable green space is being provided throughout the development. A minimum of 50% of the site is being dedicated as open space for the residents of the neighborhood. In keeping with clustered neighborhood design, the proposed residential units will be oriented to the street with only minimal setback requirements. The density proposed is approximately 2.0 units per acre. 5 Vision Statement: Mountain Brook Villas is developed around the idea of cluster housing to take advantage of developable land while preserving many sensitive features of the site. The housing style, arrangement, and amenities provide for an abundance of outdoor recreation possibilities. Green space preservation and convenient, easy living is provided while meeting the ideals and vision expressed in the Hollins/Wildwood area plan. This community provides development principals and architectural character to match the surrounding scenic beauty of the site. 6 Housing Styles: Single Family Residential Attached Patio homes within the community will be grouped together to provide clustered development and to provide open space between the units. Each unit will have a Front Porch or other architectural features that promotes the front entry. 9 I i ,, 4 SINGLE FAMILY CONCEPT SINGLE FAMILY CONCEPT Type 1 Type 2 Architectural Building Materials and Color Schemes: Exterior Siding: Materials shall consist of Brick, Wood, Stone and/or Fiber Cement Board Shutters: Wood or Vinyl Roofing: Asphalt Architectural Shingles Colors: Traditional color styles as approved by the Mountain Brook Villas Architectural Review Board Windows: Wood, Vinyl, or Aluminum clad wood Foundations: Brick, Stone, Stucco, or parging. ifolesfestrs 7 Streets: The layout and design of the neighborhood provides street level interaction with residents of the community. The internal system of roadways through the site provides access while blending into the landscape with street tree plantings and sidewalks. Pedestrian connections will provide residents with access to other areas of the development, as well as provide access to site amenities. Cross Sections: x Ittr= II26 ICI IDE DSCAP ROADWAY LANDSCAPE wAIX AREA sc. AREA RIGHT OF MAY PROPOSED ROAD CROSS SECTION 8 Development Pattern Standards: The development patterns shall be in general conformance with the development plan for Mountain Brook Villas dated June 5, 2014. Minimum Building Size: 1,400 sf. Maximium Building Height: 36' Lot Frontage: 42' or 30' on a cul-de-sac Minimum Lot Area: 3,000 s.f. Setbacks: Front: 15' Minimum /25' Maximum Side: 3' Rear: 15' All building units shall have a minimum 30' setback from all boundary property lines of the parent tracts. Signage All signage shall be in accordance with the Roanoke City Zoning Ordinance, (latest edition). The main entrance signage shall be a monument style sign with brick construction located at the entrance. The sign shall be a maximum of 6' tall and 13' wide. The minimum setback for the monument entrance sign from the right of way shall be 2'. The maximum sign face area shall be 25 square feet. Lighting All street lighting shall be residential in style and scale, shall be post top style lights, and shall not exceed 16 feet in height. Street lighting shall be allowed within or adjacent to the street Right of Ways. If the street lighting is not located within the street Right of Way, then it shall be located within an appropriate utility easement. No more than 0.5 foot candles shall be allowed to cross the property line of the parent parcel. a 9 Sidewalks and Trails Sidewalks shall be a minimum of 4' wide and shall be constructed of concrete. Each unit fronting a street shall have a sidewalk connecting the unit to the street and/or the driveway for that unit. Walking trails that may be constructed to connect to a possible greenway extension shall be a minimum of 6' wide and shall be constructed of a natural stone dust/cinder material. Open Space A minimum of 50% of the site will be maintained as open space. Landscaping and Buffer Yards The development shall have a 30' natural buffer along the exterior property lines of the parent parcel. A buffer of 50' shall be maintained from the existing top of bank of Glade Creek. Walking trails will be allowed within this buffer. Street trees shall be provided along both sides of all roadways within the right of way at a spacing of one deciduous tree per fifty linear feet. The street yard trees shall be provided from the approved list of the Roanoke City Zoning Ordinance. All stormwater management shall be developed in accordance with Roanoke City Stormwater management standards. The entrances shall be professionally landscaped. Roads All roads will be private and maintained by the home owners association. The maximum grade for any alley or road shall be 12%. All roads will have roll face curb and gutter and/or standard CG-2/CG-6 curbing where appropriate. Subdivision Access The proposed development will have one access point from Mountain Brook Drive. The existing road from Belle Avenue to the proposed development was designed to accommodate the development of the subject parcel. The improvements to date provide the necessary Io pavement widths and sections to support the traffic from the subject development. Home Owners Association All property owners at Mountain Brook Villas will automatically be members of a Home Owners Association for this development. The Home Owner Association (H.O.A.) will be established to maintain all interior roadways, sidewalks, common open space, commonly held stormwater management facilities, commonly held landscaping and signage, as well as enforce all design guidelines set forth within this document. Architectural Review Committee A review committee shall be established to review all neighborhood improvements on the lots or parcels in order to maintain harmony in the design and to reject proposed improvements that would otherwise adversely affect the atmosphere and values of the development. This would include review and approval of all building plans, exterior elevations and colors, and landscape plans. Mountain Brook Villas Maintenance and Use Standards Single Family Lots: Front, Side, Rear Yards: Owned by Resident Maintained By the residents. Open Space: Owned and Maintained by the Home Owners Association for Mountain Brook Resident and Guest Use unless donated to the City of Roanoke or other entity for use by the general public. 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" � " H j° o g' W CS PRChTTY BOUNDARY %/ i`"/,/ _ DRKr4D A" 'nN •s / CIEC"N A c / / PROPERTY BOUNDARY / , ::,,,,,GTE. `�D"s' aol. SITE SUMMARY _ I^l/ / NorfolNorfolk m Souther.Ram a/ / E • �/ -__-- i iRECEIVED owmn ma suc J` GnE4I ZOE. BOW cc/PIASPDXII Wen 0•02 II '--...P ..rt.on.nn h1,1 I ✓II Whorl e O1ep a„m../�, 'ii �Pwc sr.�c Ul -77414 Franc. i `` J EX-A rs rm wwrun sw vws o..m r..[a °' CITY IN RANDDNE m.. i PLANNING BJILDING AND DEVELOPMENT ,w WI R0500378 02 T INST. # 1200011125 KNOW ALL IEH BY THESE PRESENTS TO WT NOTES: CNIgwR Im mssm.0) N OWNER OF RECOw:,,,..4x0°0 ESTATES wumvm095 05acunax,INC. Q ess COQ. \ELWYN FARO MOUNTAIN 514041 HEREON HOMEOWNERS P590C4TJN,INC. N THE FEE SIMPLE OWNER OF THE 1 Ittu ROOF REM6:MONTH 41.FAIRS 31 OWNER 4210.117 717121 YjF PARCEL Of LA SHOWN HEREON BOUNDED B/CGOIEIB 1 TROUGH 7 TO 1,AND BEING A 1,PAGES 315)-3159 MI 01179 717125 A PORTION O TIE Iµ0 CONVEYED TO SHO OWNER BY .9190MEM RELOWE°IN NE CLERK'S TAX um/7%01°. 533.9401 71517030 (WAGE OF THE CIRCUS COURT OF THE CITY O 0 I, AE,TRONA 21 INSTRUMENT WHOM OMEN O ISOM::W urrAm BROOK TWS,UG 8])0.9930 )Im Nel �(, �' .E 090312503 MID SHOWN AS LOT 53 IN RV BOOK 1,PAGES 315)-3159. MDR-RpERDW°:WWWM83MT/390W3°W C`. 'fl}„4 i• 0957]4 )ONAI)9 •fO ,.J SE THAT( O 5109 BROOM COWS,LLC.IS NE FEE SIMPLE OWNER OF ME CUED PARCEL TO VW BO TAX IMP I730B80113 70221135 O WO SHOWN HEREON AS TRACT 31 MD IS ALL O TIE LAND CONVEYED TO 910 1.MPREPARED MAY 3055 ENOMMMIL WHICH 'O°l5°3. ' -3 8, CT'O RdWHE,NRCMY BY INSTRUMENT BARBER 090002509. 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S� °°x+12 = R74.1 _ Y- uY COMMISSION EXPIRES CRlllf .4TiveNr1 NEW 20'srz 54045 A I 3074 I I H v, AMACEJRN4 ACCESS 0017104 EH G® 7 /01./2. 0406 0. LAVE YARW' Lx' E 33R I ?Net/.%0004054 11•IN F38T1 �. THE RECORaMN Of MIS PLAT OF SNB7NSIGH DLEC TKO 6-a WITOtTo£ 2000' C® 7M./7050163 I - O CWS0 OF 1 A CONVEYANCE Of NANO. IS LOTS,PARCEL OR A-B rK]SY4v 75.52' F k O E MACE OF LAND BCE 1 HEREON TINT IS INTENDED FOR SALE f._ I NB f iG 3384 e-C 052L028w /,]w' F ,WO/pi CONEYANCE MUST OE WNVEYm BY DELp NA SAID a © - HAT?ANC 1µT7.SMCEY ARO REB30ONSION PLAT FOR OED USr OE URT CET IN ME OfROE Of ME CI£RK OF G-.5 NRYS SOW }b' a TINE 7 . ® MOUNTAIN BROOK VILLAS, LLC. & THE GRCII?COURT Of THE CITY Of flOWOKE g GRAPHIC SCALE kg 0 u E2j,{g. MOUNTAIN ASSO ESTATES LT a HOMEOWNERS ASGOCIAROO, INC. 4LP DETAIL MAP '1 14 4 E:`:4•1F'i7Y�A BERM ME LOS 13 aw OF E95.TH P'� IN RI V12•NIK.'3�R•^.4l LOS v OF LOT 53A W fO T 49 E LS a�rnii. MOUNTAIN BROOK ESTATES 't CO Ida � MAP BOOT I,PAGES 315]-3155 0No 00200 R F M lISI7a R. LT � � AND JL9N R.MtPOEN y 511WINONN MnHT CURVE EARLE T O1�+P,(.arra 'TACT 3A Lit No C0$Cp. 'F LENGTH RAMS).WCOVE CHORD 5E4WMC ''AA 35(4-2.0 AS SHOW F W I. r ® YY1� � •RESIBOIN90N PLAN FORS PIOUNTAN SHOW BROOK DEVELOPMENT.NC.• Cl r7a ]I, 4Sr r .' - CIO L ,-* 0 0 AP CREATING 1,PAX 3384 4440 SUAVE' D2 ring3.E err l:rM.r..W70•T'a1 r 7® CREATING HEREON 91 DE GEAMN?6919 CF ME"'DUD COURT Dr Gn Dr REWCME• CJ ,,,Lez ,.y^� �£i � [:Al`4F At141L-�29vas � LOT 53A(04940 ACRE/21,309 SE) VIRGINIA.MN LLD MIX THE XRTFI CO OF 5000'lmL11%C LOCK - try DEEDµNIXED 5 A DAY O TO 1_CORO A A:.2 O'CLOCK R i TRACT 320-1(CF9 0491 AWES f914 .NE.RECORDS) $,M.OI 435 4395 Of J11LV $0115 N TPH�uS SITUATE OH Of Bfl12. 092 H E R�1T�PII 1 INSTRUMENT I.STO5 9N SR I HEREBY EU CERTIFY MD MR THIS RECORDS 5 FROM A CURRENT SURVEYED O RWNOHH 2.2012 L�11,fE.fIULG MUM a4M TIRO SDRVEI'01 THAN RE DDE AD 19 CORRECT SMY.0m R/RCN$2 2012 If51L BRENDA 0 HAMILTON a TO HIE BEST M W Mp0'MEOGE MIO BEUEf. +ID AR1210134.00'I SKEET 1 O 1 -7/,,,���� N] 'X � ;61,144, fCPN 3 TEL:510-]]$-9530 H.Y.540-7>$-PO'A al nn CLERKY.192'4' SWAM on. 002002 cxx.r0R PLANNERS ARCHITECT ENGINEERS SURVEYORS 1 Bolze. 491411115. Coln 1111 C R 21011 .sum .un_ AND ASSOCIA ES INO REFLECTING TOMORROW May 30,2014 City of Roanoke Planning Department 215 Church Ave. SW Roanoke,VA 24011 Attn: Ms.Katharine Gray—City Planner RE: Mountain Brook Drive B&A,Inc.Job#R1300078.02 Ms. Gray, The purpose of this letter is to address the traffic requirements for the proposed single-family residential development located on Tax Parcel#7060113 on Mountain Brook Drive. A traffic study was previously completed for the property, dated October 5, 2006 with addendum dated December 20, 2006 and revised on January 22, 2007. The traffic study was completed to analyze turn lane requirements on Belle Avenue to serve the proposed development and the addendum was completed to determine any impacts to the existing intersection at Belle Avenue and King Street. The previous traffic study was based on 90 single-family residential lots on this property. The proposed development consists of 96 patio-style, single-story residential homes, which represents an increase of 6 lots. Based on the fact that the increase in number of lots is minimal and that the proposed house footprints are relatively small in size, it is our opinion that the original trip generation is still valid for the new development plan. Please feel free to call me with any questions or comments. Respectfully submitted, BALZER AND ASSOCIATES,INC. Christopher P.Burns,P.E. Tr',Generation Land Use AM Peak Hour PM Peak Hour Weekday Proposed ITE Independent Enter Exit Total Enter Exit Total Total Development Code Variable Residential 210 96 Dwellings 18 54 72 60 36 96 914 Total 18 54 72 60 36 96 914 Table 1: Site-Generated Traffic Mountain Brook Villas(0 Belle Ave NE)Mks 7060113 Adjoining Property Owners List TAJOD Local Address Owners Mall Address Mall City Mail State Mail Zip 7050131 205 SAVANNAH DR NE MOUNTAIN BROOK ESTATES HOMEOWNERS AS PO BOX 665 VINTON VA 24179 7050158 3356 SKYLAR Cr NE MOUNTAIN BROOK DEVELOPMENT INC 3925 APRICOT TR ROANOKE VA 24012 7050159 3355 SKYLAR CT NE WAGNER BILLY W& JEAN A 3355 SKYLAR CT NE ROANOKE VA 24012 7050160 3351 SKYLAR CT NE STRUPPLER ROBERT WILLIAM&MARYELLEN CHRISTINE 3351 SKYLAR CT ROANOKE VA 24012 7050162 229 MOUNTAIN BROOK DR NE SULLIVAN DANIEL W&RHONDA L 229 MOUNTAIN BROOK DR NE ROANOKE VA 24012 7050163 233 MOUNTAIN BROOK DR NE PHAM JACOB H 233 MOUNTAIN BROOK DR NE ROANOKE VA 24012 7050164 237 MOUNTAIN BROOK DR NE MOUNTAIN BROOK ESTATES HOMEOWNERS AS PO BOX 665 VINTON VA 24179 7060106 0 BELLE AV NE INGRAHAM BRYAN K&FOGG AMY S 3463 BELLE AVE NE ROANOKE VA 24012 7060112 3635 PREAKNESS CT NE THOMAS KENNETH H JR&KEMP KATHY V 3635 PREAKNESS CT NE ROANOKE VA 24012 7060113 0 BELLE AV NE MOUNTAIN BROOK VILLAS LLC 1302 2ND ST SW ROANOKE VA 24016 7060114 3495 BELLE AVE NE VINTON CONGREGATION OF JEHOVAH'S WI PO BOX 222 VINTON VA 24179 7060117 0 PREAKNESS a NE THOMAS KENNETH H JR&KEMP KATHY V 3635 PEAKNESS CT ROANOKE VA 24012 7060119 OPREAKNESS CT NE C&D BUILDERS INC 3810CUNDIFF DR ROANOKE VA 24012 • 7060121 0 BELLE AV NE CARVER RICKY D&MARSHA W 3671 BELLE AVE NE ROANOKE VA 24012 7060137 3528 PINNACLE RIDGE RD NE BULWARK INDUSTRIES LLC PO BOX 10731 ROANOKE VA 24022 7060138 3532 PINNACLE RIDGE RD NE ROTHROCK JACK&ONEIDA 3532 PINNACLE.RIDGE RD NE ROANOKE VA 24012 7060139 3536 PINNACLE RIDGE RD NE MCVICKER LYNN K&MARK C 3536 PINNACLE RIDGE RD NE ROANOKE VA 24012 7060140 3540 PINNACLE RIDGE RD NE GOERKE DOUGLAS B&JANICE P 3540 PINNACLE RIDGE RD NE ROANOKE VA 24012 7060141 3544 PINNACLE RIDGE RD NE TUCKER WILBUR LJR&RUTH F 3544 PINNACLE RIDGE RD NE ROANOKE VA 24012 7060142 3548 PINNACLE RIDGE RD NE BRUNELLI WILLIAM 11R&TYREE E 3548 PINNACLE RIDGE RD NE ROANOKE VA 24012 7060143 3552 PINNACLE RIDGE RD NE LONG WILLIAM E JR&NICHOLAS-LONG AL 3552 PINNACLE RIDGE RD NE ROANOKE VA 24012 7060144 3556 PINNACLE RIDGE RD NE MACHER MARGARET&MACHER MARGARET CUSTODIAN FOR PATRIC 3556 PINNACLE RIDGE RD NE ROANOKE VA 24012 7060145 3560 PINNACLE RIDGE RD NE PATTON TIM 3109 WINTERBERRY SQ ROANOKE VA 24018 7030102 181 BERKLEY RD NE BARTKIEWIC2 MICHAEL S&FRANCES 181 BERKLEY RD NE ROANOKE VA 24012 VICINITY MAP/ _ . . „ ZONING MAP EXCERPT �, . (.4 c z JAI��� r / , Belle Ave. NE(TN 7060113) eta * �- , 44. 'i -�i:' Bnd s d *Y�, ( J r, r a 7 Subject Progeny ,^I < ` i !t r 'k' i + se Zoning District r q a} rd ways + ' ResidentialAgdculture, RA '.,� r t �, "" < ..:..,_,-7:17.,"' Wit '. Residential Single-Family, R-12 �" "�.� ,`:+ may `- ^ , �� “;:b.*-� s Residential Single-Family, R-7 It °^I "'" f � _J:-',-.-,,-;;;,„ � �' a r r j ,*.?' v 1bh ` 't � s " � r c� �, � . ". Residential Single-Family, RS - _ 1'" ''' r' '''' t tc tT ' Residential Slagle-Family. R-3 - . �"" lr `"°S q' r 'r r. � �"t' fs e ' VralM1 `� .+ l kr �1 21; '� Residential Mixed Density,RM-1 , {g Residiential Mixed Density,RM-2 ' ' * , ai 4 Residiential Multifamily,RMF v •�w .-.' f r t + s a ' r$ ", a Mixed Use,MX s x, c 41, 5 A Canmarcial-Neighhorhood,CN - ` F ,; ` ", • Commercial-General,CO 'ti‘ +, ( �, ' , ` ,• " ' 719'2,2k2:ti.' e Commercial-Large Site.CLS i 'r"° r`` ` T - ?'"/ ;t� 'k4,.!`" ,, �'+" • Downtown,D r ' ' ' ;'° +' o.� z:' �tl g, ,'''',410:' II Institutional,IN ,} z 9 �y ..p q �'+ II Recreation and Open Space,ROS !" A�`4 ® Urban Flex,OF r ,'` : ^ r. II Light Industrial, I-1 ?y I. .__, ■ Heavy Industrial,1-2 f �a 'a u a e ' `L. : Airport Development,AD L,�' " ";,�° F a,.tt ` y ,. �, s •� , Mixed Use Planned Unit Development,MXPUD d x ice""" , _ �* r 1 �`y;,,+ r Institutional Planned Unit Development.INPUD � .bw As-' ,� .' � '` „ ,,,; r` sly;�)4°'-0,1 t- 7 Industrial Planned Unit Development,IPUD + . ' >A' M r a i 4 ` nditional Zoning r r r +. ;i6; .. `�' � "'"X+ur .. l l l l l l l l i �9,?,0 100200 400 Feet N �n„ 1 1..1 °..fi�tt ii" 1 inch=400 feet + y "t .h t - rq -.F The Roanoke Times Account Number Roanoke,Virginia 6011439 Affidavit of Publication Date CITY OF ROANOKE-PDV July 03,2014 215 CHURCH AVE ROOM 166 ROANOKE,VA 24011 IDate Category Description Ad Size Total Cost 07/02/2014 Meetings and Events PUBLIC HEARING 7/812014 1 x 0 L 901.68 Publisher of the L I ' Roanoke Times I,(the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke,in the State of Virginia,do certify that the annexed notice PUBLIC HEARING 7/82014 was published in said newspapers on the following dates: 07/02/2014 NtiE 57q it. � '. 4 ONW5 � <> The First insertion being given... 07/022014 Vic' s aEStsrzTC:N'+` -- Newspaper reference: 0000044851 '- '""8 Excxze� trn Sworn to and subscribed before me this v0;4�c JUL 172014 Notary Pu.� Ness State of Virginia City/County of Roanoke I .I I My Commission expires U (Ch THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE Application by JBTR, LAC to rezone a a'. public hearings advertised herein ! portion of the property located at 27U roill be held in the City Council 1 Dale Avenue,S.E.,bearing Official Tax ' 1 Map No.4311201. and the entirety of ' 9namh¢r.fourth floor.Room 450. Ncei the property located at 0 Dale Avenue. •Taylor Municipal Building, 215 St..bearing Official Tax No.4311204. Church avenue, 5.w.. Roanoke. The application is to rezone the Virginia All applications are available for review in the Planning Building and property subject to the application Development office, Room 166, 715 hnm US, Commerciahlarpe Site Church Ave.S.W.,Roanoke.VA. District, and CG, Commercial-General District.to MXPUD,Mixed Use Planned Any person with a disability requiring ' Unit Development Indust District, and -1, • Light Industrial District, with any special a in th hearings to attend conditions. The being tide pertain to or participate in the hearings should the property Doing cevc9 with In contact Planning Building amn substantial conformance with a Development at(540)8531730 at least Application by the Mountain Brook development plan and limiting uses of five days prior to the scheduled Villas tic to amend the Planned Unit the specified hearing. Development Plan ("Plan") for the i to weouse,tat mited of to multiple property located at 0 Belle Avenue. : ! individual rental storage units which The City of Roanoke Planning N.E, bearing Official Tax No. 7060713, ; are accessed from only within the Commission will hold public hearings and proffers pertaining to the Plan. in y on July 8,2014.at 1:30 p.m.,or as soon Permit a different type of residential % warehouse: business service development yp eside tial ; ! establishment, not otherwise listed; i as the matters may be heard, to opment. previously rezoned to I ' financial Institution;laboratory,dental. 1 consider these applications: Mixed Use Planned Unit Development j ' medical, or optical; office, general or District(MXPUD),through the adoption Application by Calvary Memorial of Ordinance No.3828741170.4 a1 Nov. Professional, office, general or Church Inc.to rezone property located 17.2008. The amendments to professional, large scale; • at 2226,and 0 Colonial Avenue. 5.W.. and the proffer changes Plan studio/multimedia production facility: changes ges relate to the I bakery, confectionary, or similar food bearing Official Tax Nos. 1271101. gas to,and reconfiguration of,the type of dwelling along production facility; building supplies 1271102. (27IID3, 1271104, 1:71105, ng units, alon with I and materials, retail; contractor or and 1271106, respectively- Inn associated site development.The land ! tradesman's she application is to rezone the property use categories permitted in the MXPUD P. general or special from IN,Institutional District,to INPUD. District include residential: trade- motor vehicle rerdal accommodations a g . establishment with or e without Institutional The la Planned Unit Development and group g " inventory onsite; dry cleaning arid ce Distnia- The land use categories commercial; assembly and entertainment:public.institutional and laundry Rick up station;general service permitted in the INPUD District include community I establishment. not otherwise listed: residential; accommodations and y facilities: transportation: retail sales establishment, not group living; commercial; assembly utility; agricultural; arid accessory, ' otherwise listed;eating establishment. and entertainment public,institutional with a maximum density of one • dwelling eating and drinking establishment not and community facilities: area unit per 1,800 square feet of abutting a residential district: health a transportation:utility:imam ilensi and lot The comprehensive plan and fitness center; artist studio: ' -v ressory,with a maximum density of designates the property for single community ono tlwelting unit per 1,800 square feel ! family.medium density The proposed Y garden: educational use of the n facilities, business school or of lot area. The comprehensive plan family property is detached single nonindustrial trade school; ost office • Jcsi9nates the does nor for- Ydwellings. parking,off-site; utility distribution or +stdutionm mix, but does not sf the r telecommunications basic: wireless density. The proposed use of the Candace Martin.Acting Secretary,City telecommunicatians facili . stealth: ona;.rerty it Plato chvnrl�'r planning Commission ty. agricultural operations;and accessory City Council will hold public hearings uses,not otherwise listed in the table. nn the aforesaid a • The land use categories permitted in 'on 23.2074,at 7:00 pm,or as soon as3tire 1 the MXPUD District include residential: ' accommodations and group living: matters maybe heard. commercial; assembly and ' Stephanie M. Moon entertainment:public,institutional and Reynolds. MMC. community facilities: transportation: 'Cy Clerk utility: agricultural; and accessory. wit a The City of Roanoke Board of Zoning dwelling un txperr.1,800 square feet one ' Appeals will hold a I July 9,2014,at 1.•00 public o hearing soon on lot itte. the land use categories i cluide pear or as snsi er permitted in the tI l: war include i the matter may be heard. to consider this application: commercial; industrial; mbehousi wad and inment:pub assembly and , Application from Roanoke community facilities;:pubs;inransporta and ' A Railhouse Brewing Co..Inc.,for min ;agri tualan transportation: Property located utility;maximum agricultural;and tioessory with : at cial Franklin r Road, S.W., bearing a maximum iloor area ratio designates tes The •I Official Tax Number General, furl.zoned Ca. property ae center and tie. Commercial General, fur a special exception pursuant to Section 36.2315, ampere far vi specify yeller ity. use. • Zoning. Code of the City put clues use ore life propert. The : 11979), as amended to of permit Roanoke proposed use of the include is a eating and drinking Permit rn commercial center a+ include abutting a residential district.establishment warehouse storage far'niry Application from Lidia Marchese lot property located at 2237 Garden City fir . i Blvd., S.E., gearing Official Tax it436o] Zoned RM- esiax pit Mix sfty Otstrrtt Z. R al exceptioq ppmuaM to 5 fora special (9793 as en the City oof Roanoke I and breakfast ' to fxermit a bed Candace Martin,Acting Secretary, City Board of bong Appeals '135489111 (44851) PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE All public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All applications are available for review in the Planning Building and Development office, Room 166, 215 Church Ave. S.W., Roanoke, VA. Any person with a disability requiring any special accommodation to attend or participate in the hearings should contact Planning Building and Development at (540) 853-1730 at least five days prior to the scheduled hearing. The City of Roanoke Planning Commission will hold public hearings on July 8, 2014, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application by Calvary Memorial Church Inc. to rezone property located at 2226, and 0 Colonial Avenue, S.W.,bearing Official Tax Nos. 1271101, 1271102, 1271103, 1271104, 1271105, and 1271106, respectively. The application is to rezone the property from IN, Institutional District, to INPUD, Institutional Planned Unit Development District. 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 mix, but does not specify density. The proposed use of the property is place of worship. Application by JETR, LLC to rezone a portion of the property located at 2141 Dale Avenue, S.E., bearing Official Tax Map No. 4311201, and the entirety of the property located at 0 Dale Avenue, S.E., bearing Official Tax No. 4311204. The application is to rezone the property subject to the application from CLS, Commercial-Large Site District, and CG, Commercial-General District, to MXPUD, Mixed Use Planned Unit Development District, and I-1, Light Industrial District, with conditions. The conditions pertain to the property being developed in substantial conformance with a development plan and limiting uses of the specified I-1 portion of the property. The land use categories permitted in the MXPUD 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 land use categories permitted in the I-1 District include commercial; industrial; warehousing and distribution; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory with a maximum floor area ratio of 2.0. The comprehensive plan designates the property for village center land use, but does not specify density. The proposed use of the property is a commercial center to include a warehouse storage facility. Application by the Mountain Brook Villas LLC to amend the Planned Unit Development Plan ("Plan") for the property located at 0 Belle Avenue, N.E., bearing Official Tax No. 7060113, and proffers pertaining to the Plan, to permit a different type of residential development, previously rezoned to Mixed Use Planned Unit Development District (MXPUD), through the adoption of Ordinance No. 38287-111708 on Nov. 17, 2008. The amendments to the Plan and the proffer changes relate to the changes to, and reconfiguration of, the type of dwelling units, along with associated site development. The land use categories permitted in the MXPUD 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 single family, medium density. The proposed use of the property is detached single family dwellings. Candace Martin, Acting Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on July 21, 2014, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon Reynolds, MMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on July 9, 2014, at 1:00 p.m., or as soon as the matter may be heard, to consider this application: Application from Roanoke Railhouse Brewing Co., Inc., for property located at 3106 Franklin Road, S.W., bearing Official Tax Number 1300412, zoned CG, Commercial General, for a special exception pursuant to Section 36.2-315, Zoning, Code of the City of Roanoke (1979), as amended, to permit an eating and drinking establishment abutting a residential district. Application from Lidia Marchese for property located at 2237 Garden City Blvd., S.E., bearing Official Tax No. 4360105, zoned RM-2, Residential Mixed Density District, for a special exception pursuant to Section 36.2-405, Zoning, Code of the City of Roanoke (1979), as amended, to permit a bed and breakfast. Candace Martin, Acting Secretary, City Board of Zoning Appeals Please publish in newspaper on June 25 and July 2, 2014. Please bill and send affidavit of publication to: Candace Martin, Acting Secretary City Planning Commission Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1730 Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S. W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-1536 (540) 853-2541 6.23.14 at 11:05 a.m. (sent up to CA for final sign-off) CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 tat .gr kI-."w`k,, Roanoke,Virginia 24011-1536 f'd.�`�."` Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk(/'roanokeva.gov STEPIIANIE M.MOON REYNOLDS,MMC JONATIIAN E.CRAFT,CMC City Clerk Deputy City Clerk July 14, 2014 CECELIA T.WEBB,CMC Assistant Deputy City Clerk Sean Home, Agent Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, Virginia 24018 Dear Mr. Home: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday, July 21, 2014, 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 a request of Mountain Brook Villas, LLC, to amend the Planned Unit Development Plan ("Plan") for property located at 0 Belle Avenue, N. E., and proffers pertaining to the Plan, to permit a different type of residential development, previously rezoned to Mixed Use Planned Unit Development District (MXPUD), by Ordinance No. 38287-111708 adopted by Roanoke City Council on November 17, 2008. The City Planning Commission at its meeting held on Tuesday, July 8, 2014, on a 6-0 vote, approved your request. If you would like a copy of the Planning Commission report, please contact Candace Martin, Acting Secretary, City Planning Commission, at (540) 853-1730. Lastly, it will be necessary for you, or your representative, to be present at the July 21 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, NiAss.e..)Stephanie M. Moon Ids, C City Clerk SMM:ctw Sean Home, Agent July 14, 2014 Page 2 pc: Mountain Brook Homeowners Association, P.O. Box 665, Vinton, Virginia 24179 Mountain Brook Development, Inc., 3925 Apricot Trail, N. E., Roanoke, Virginia 24012 Mountain Brook Villas, LLC, 1302 Second Street, S. W., Roanoke, Virginia 24016 Billy and Jean Wagner, 3355 Skylar Court, N. E., Roanoke Virginia 24012 Robert and Maryellen Struppler, 3351 Skylar Court, N. E., Roanoke, Virginia 24012 Daniel and Rhonda Sullivan, 229 Mountain Brook Drive, N. E., Roanoke, Virginia 24012 Jacob Pham, 233 Mountain Brook Drive, N. E., Roanoke, Virginia 24012 Bryan Ingraham and Amy Fogg, 3463 Belle Avenue, N. E., Roanoke, Virginia 24012 Kenneth Thomas and Kathy Kemp, 3635 Preakness Court, N. E., Roanoke, Virginia 24012 Vinton Congregation of Jehovah's Witnesses, P.O. Box 222, Vinton, Virginia 24179 C and D Builders, 3810 Cundifff Drive, N. E., Roanoke, Virginia 24012 Ricky and Marsha Carver, 3671 Belle Avenue, N. E., Roanoke, Virginia 24012 Bulwark Industries, LLC, P.O. Box 10731, Roanoke, Virginia 24022 Jack and Oneida Rothrock, 3532 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 Lynn and Mark McVicker, 3526 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 Douglas and Janice Goerke, 3540 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 Wilbur and Ruth Tucker, 3544 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 William and Tyree Brunelli, 3548 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 William and Nicholas Long, 3552 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 Margaret Macher, 3556 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 Tim Patton, 3109 Winterberry Square, Roanoke, Virginia 24018 Michael and Frances Bartkiewicz, 181 Berkley Road, N. E., Roanoke, Virginia 24012 Candace Martin, Acting Secretary, City Planning Commission CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk July 22, 2014 Asiisstant Deeputy c ty Clek Jennings T. Bird, Esquire The Bird Law Firm, P. C. 4800 Pleasant Hill Drive, Suite 203 Roanoke, Virginia 24018 Re: Joyce B. Epperly's Architectural Review Board Appeal Filed March 14, 2014 Dear Mr. Bird: The Petition of Appeal filed by Ms. Joyce Epperly appealing the decision of the Architectural Review Board to deny issuance of a Certificate of Appropriateness for repairs at 437 Washington Avenue, S. W., was again before the Council of the City of Roanoke at its regular meeting held on Monday, July 21, 2014. The matter was again postponed until the regular meeting of the Council scheduled for September 15, 2014, at 7:00 p.m., in the Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. Please feel free to contact me with any questions. Sincerely, Jonathan E. raft, CMC Deputy City Clerk Enclosure cc: Joyce B. Epperley, 437 Washington Avenue, S. W., Roanoke, Virginia 24016 Joel Richert, 415 Allison Avenue, S. W., Roanoke, Virginia 24016 Jan Keister, 817 Marshall Avenue, S. W., Roanoke, Virginia 24016 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Christopher L. Chittum, Director, Planning, Building and Development Jillian P. Moore, Planning Administrator Candace R. Martin, Secretary, Architectural Review Board Miscellaneous: City Clerk July 31, 2014 9. INFORMATION ONLY �-� CITY COUNCIL REPORT 4 tat fAje,^.9• To: Honorable Mayor and Members of City Council Date: August 1, 2014 Subject: Timeline for Update of Wireless Telecommunications Policy and Regulations Background The City's Wireless Telecommunications Facilities Policy (Policy) was adopted as part of the Comprehensive Plan by City Council in May, 2004. This Policy was the basis for regulations for wireless telecommunication facilities adopted in the City's Zoning Ordinance in December, 2005. Both documents have remained largely unchanged since that time. During this time period, the City has experienced, on average, one to two applications per year for a new wireless telecommunications tower or changes to an existing tower or related facility. More recently, however, there has been an evolution in the type and extent of service demand on this system with the advent of smart phones and other data streaming devices. The proposed process outlined below will assess industry changes and solicit the collection of relevant information and other related input necessary to create proposed revisions to the City's Wireless Telecommunications Facilities Policy. This revised Policy will then be utilized to update the City's Zoning Ordinance accordingly. The revisions of these documents will coincide with anticipated changes to relevant Federal Communications Commission (FCC) regulations/policy clarifications expected within the next six months which will affect the local regulation of such facilities. Scope of Work • Background Research/Documentation o To be undertaken by the Roanoke Valley/Alleghany Regional Commission • Assess current available, utilized, and emerging technologies for wireless communication facilities and networks • Assess best practices for managing/regulation of wireless facilities in other localities in Virginia • Identify and quantify changes in telecommunication facility needs o Report Complete: October 31 , 2014 • Public / Providers Input into the Process o Host community forum(s)/event(s) on the topic to receive broad based input o Anticipated November, 2014 • Revision of Wireless Telecommunications Facilities Policy o Planning Department staff, with support from a professional consultant with expertise in this subject matter, if necessary, will draft revisions to the Policy o Review/adoption by City Planning Commission and City Council: anticipated spring of 201 5 • Revisions to Zoning Ordinance Regulations o Planning Department staff, with support from a professional consultant with expertise in this subject matter, if necessary, will draft revisions to the City's Zoning Ordinance regulations pertaining to wireless telecommunication facilities o Review/adoption by City Planning Commission and City Council: anticipated late spring/early summer of 201 5 Please let me know if there are any questions about the above timeline outline. Thank you. 1) 1310-,cektet Brian Townsend Assistant City Manager Distribution: Council Appointed Officers Chris Chittum, Director, Planning Building and Development Ian Shaw, Planning Administrator Jillian Papa Moore, Zoning Administrator 2 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 ` 'p,a Sif Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk®roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk July 22, 2014 Maxwell H. Wiegard, Attorney Gentry Locke Rakes & Moore, LLP 10 Franklin Road, S. E., Suite 800 Roanoke, Virginia 24011 Dear Mr. Wiegard: I am enclosing copy of Ordinance No. 39887-072114 amending the INPUD Development Plan to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II on property identified by Official Tax Map No. 1040102, located at 1809 Franklin Road, S.W, as set forth in the Zoning Amended Application No. 4, dated February 27, 2014. The abovereferenced measure was adopted by the Council of the City of Roanoke upon its first reading on Monday, March 17, 2014, and also adopted by Council on Monday, July 21, 2014; and is in full force and effect upon its passage at the second reading. Sincerely, Stephanie M. Moon Reynol s MMC City Clerk Enclosure pc: HTB Properties, LLC, 202 South Jefferson Street, Roanoke, Virginia 24011 Steven Strauss, Timberbrook Properties VI, LLC, 5100 Bernard Drive, S. W., Roanoke, Virginia 24018 Craig Clifton, Pegasus Tower Company, LLC, 548 East Riverside Drive, Suite D, North Tazewell, Virginia 24630 Mr. Mohan Chandler, P. O. Box 1646, Lake City, Florida 32056-1646 Shrinath Enterprises, LLC, 1927 Franklin Road, S. W., Roanoke, Virginia 24014 Tacklebox Properties, LLC, P. O. Box 8725, Roanoke, Virginia 24014 Lorrd Ganeshji, Inc., 5848 Old Locke Court, S. W., Roanoke, Virginia 24018 Maxwell H. Wiegard July 22, 2014 Page 2 pc: Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Ms. Jan Keister, 817 Marshall Avenue, S. W., Roanoke, Virginia 24016 Mr. John M. McGonigal, 706 Montrose Avenue, S. E., Roanoke, Virginia 24013 Ms. Dinah Ferrance, 402 Day Avenue, S. W., Roanoke, Virginia 24016 Ms. Joel W. Richert, 415 Allison Avenue, S. W., Roanoke, Virginia 24016 Mr. S. Ronald Owens, 18 Mountain Avenue, S. W., Roanoke, Virginia 24016 Mr. Frank J. Smith, 934 Highland Avenue, S. E., Roanoke, Virginia 24013 Mr. H. Curtis Rupe, 424 Highland Avenue, S. W., Roanoke, Virginia 24016 Ms. Valerie S. Eagle, 445 Elm Avenue, S. W., Roanoke, Virginia 24016 Mr. James E. Steagall, Jr., 409 Highland Avenue, S. W., Roanoke, Virginia 24016 Mr. James W. Hyams, 349 Walnut Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Kirk W. Gibson, 1606 Hampton Avenue, S. W., Roanoke, Virginia 24015 Mr. Mark Hostetter, 544 Day Avenue, S. W., Roanoke, Virginia 24016 Jean Bollendorff, Roanoke Valley Preservation Foundation, P. O. Box 1366, Roanoke, Virginia 24007 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Steven J. Talevi, Assistant City Attorney Candace Martin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2014. No. 39887-072114. 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 the INPUD Development Plan to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II on property identified by Official Tax Map No. 1040102, located at 1809 Franklin Road, S.W. WHEREAS,Pegasus Tower Company,LLC,has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend the INPUD Development Plan to permit construction of a wireless telecommnunications tower in Phase I and an office building in Phase II to property, identified by Official Tax Map No. 1040102, located at 1809 Franklin Road, S.W.; 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 March 17, 2014, 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 INPUD Development Plan as it pertains to property described as Official Tax Map No. 1040102, located at 1809 Franklin Road, S.W.; 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 Ord-Amend INPUD PIan.Pegasus Tower Company LLC 1 presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the INPUD Development Plan to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II on property identified by Official Tax Map No. 1040102, located at 1809 Franklin Road, S.W., 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 the amendment of the INPUD Development Plan to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II on property identified by Official Tax Map No. 1040102, located at 1809 Franklin Road, S.W., as set forth in the Zoning Amended Application No. 4 dated February 27, 2014. ATTEST: )42 .• 104,1 City Cl Ord-Amend INPUD Plan,Pegasus Tower Company LLC 2 STATEMENT OF CONFLICT OF INTEREST I Co a it T T-os& ) state that I have a personal interest in agenda item 3 - regarding Cap, AJ AN CE 3q45-67 ovt d\tael AS because m ,k tft.1 V- is (A. PA -n[r ir. 413 .t"4 't \ S ArtI cam. • Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask the City Clerk to accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this zlsfday of�f U Ly , 2014. (SEAL) eotAer 7vsE,U GENTRY LOCKE RAKES at M®RE"P Maxwell H.WSegard Attorneys Facsimile 540.983.9400 (540)983-9350 Post Office Box40013 m'Megad@genpYOCke com Roanoke,Virginia 24022-0013 July 15, 2014 HAND DELIVERED David A. Bowers, Mayor Roanoke City Council c/o Stephanie M. Moon, City Clerk Suite 456,Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke,VA 24011 Re: Application for Amendment of Planned Unit Development Plan (the "Application") Applicant: Pegasus Tower Company, LLC Property: 1809 Franklin Road, S.W. (Tax Map No.: 1040102) Dear Mayor Bowers: My firm serves as zoning counsel to Pegasus Tower Company, LLC, the Applicant for an amendment of a Planned Unit Development Plan governing the parcel of real property referenced above. As you will recall, on March 17, 2014, the Roanoke City Council conducted a public hearing on the Application and adopted Ordinance No. 39887. The second reading of Ordinance No. 39887 is currently scheduled for the July 21, 2014, Roanoke City Council meeting. In anticipation of the upcoming City Council meeting, I would like to update you on several efforts by the Applicant and Property Owner, since the public hearing on March 17, 2014. Supplemental Radio Frequency Analysis Based upon a suggestion of City Council, as well as, public comments provided at the public hearing, the Applicant compiled a list of ten (10) places of worship and one (1) educational institution located within (or very close to) the boundaries of Old Southwest. Once the list was compiled by the Applicant, two telecommunication providers that currently have leases with the Applicant: AT&T and nTelos, conducted independent a radio frequency analysis on each property. The purpose of the additional analysis was to determine if any of the additional locations would serve as a viable alternative in lieu of the proposed location at 1809 Franklin Road, S.W. The locations included in the additional analysis included the following sites: Christ Episcopal Church; Saint Mark's Lutheran Church; Second Presbyterian Church; Trinity United Methodist Church; Saint John's Episcopal Church; Jesus is Lord Assembly of Love; Sanctuary at Five Points (formerly known as Saint Paul's Evangelical and Reformed Church); Congregational 10 Franklin Road SE Suite 800+Roanoke,VA 24011 5 Toll Frte:866983-0868 wmv.genbyloake cam 11589/10/6735274v1 GENTRY LOCKE RAKES MCDRE' Mayor David A. Bowers July 15,2014 Page 2 Holiness Church; Beth Israel Synagogue; First Baptist Church; and Highland Park Elementary School. In order to understand the suitability of each location, the Applicant and representatives of A f&T and nTelos, visited each location, obtained from historical records or assumed the approximate age, construction type, and maximum building height of each location. Both AT&T and nTelos then used this information to conduct a radio frequency analysis to measure the potential improvement to their respective network coverage and capacity if a telecommunications facility were located at the evaluated location. Based on the analyses conducted by AT&T and nTelos, none of the additional sites fulfilled the coverage objectives identified by AT&T and nTelos. Thus, none of the additional sites analyzed by AT&T and nTelos could serve as a substitute for a 165 foot telecommunications tower at the proposed location. For your reference, I have attached reports prepared by AT&T and nTelos summarizing the results of their respective analyses (Exhibit 1). This supplemental analysis, compliments the search that was conducted prior to the filing of the Application on October 3, 2013 and in compliance with the City's Wireless Telecommunications Facilities Policy. As a reminder, the Applicant worked with AT&T and nTelos to identify and to evaluate a number of existing structures and buildings in the vicinity for use as a telecommunications tower, including, but not limited to: VTC School of Medicine, Towers Shopping Center, Cambria Suites, Rescue Mission, Carilion Roanoke Memorial Hospital, Carilion Roanoke Community Hospital, and Maher Field Light Pole. Each of the existing structures and buildings were determined to be unsuitable for coloration and a summary of the reasons for the unsuitability were included with the Amended Application No. 4 submitted on February 27, 2014. Community Meetings Although the substance of the Application is unchanged since the March 17, 2014 meeting, the Applicant has held or scheduled community meetings with the adjacent neighborhood or civic associations to solicit feedback and answer questions about the Application. On July 10, 2014, a meeting was held with representatives and members of Old Southwest, Inc. and a meeting is scheduled with the Neighbors in South Roanoke on July 15, 2014. The meetings with the community have provided another forum for dialogue regarding the Application. 11589/10/67.35274v1 GENTRY LOCKE RAKES&M@©RE".` Mayor David A. Bowers July 15, 2014 Page 3 View from Mill Mountain During the Applicant's discussion with some residents, a question was presented regarding the impact of the proposed telecommunications tower on the viewshed from Mill Mountain. While the Applicant has previously submitted photo simulations from various properties nearby the Property, for your reference I have attached a two-page photo simulation exhibit depicting the winter view of the proposed telecommunications tower from the lookout area on the side of Mill Mountain (Exhibit 2). The photo simulation includes the proposed tower on both sheets, but the tower is marked on sheet 2 with a red arrow. This exhibit demonstrates that the proposed telecommunications tower will not negatively impact the viewshed from Mill Mountain. Thank you again for your consideration and review of the enclosed material. I am pleased that the Application obtained a unanimous recommendation of approval from the Planning Commission on March 11, 2014, and comes before Council with a recommendation of approval from the City's planning staff, and after evaluation by an independent, third-party consultant. If you have any questions regarding the Application or the information set forth above, please do not hesitate to call me at 540-983-9350. Very truly yours, GENTRY LOCKE RAKES & M• 11 ', , LLP / 4/ Maxwell H. Wiegard cc: Dr. David B. Trinkle, Vice-Mayor, Roanoke City Council Mr. William D. Bestpitch, Member, Roanoke City Council Mr. Raphael "Ray" E. Ferris, Member, Roanoke City Council Mr. Sherman P. Lea, Member, Roanoke City Council Ms. Anita J. Price, Member,Roanoke City Council Mr. Court G. Rosen, Member, Roanoke City Council Mr. Daniel J. Callaghan, Esq., City Attorney, City of Roanoke, Virginia Mr. R. Brian Townsend, Assistant City Manager, City of Roanoke, Virginia Mr. Chris Chittum, Director of Planning, City of Roanoke Virginia Mr. Ian Shaw, Planning Administrator, City of Roanoke, Virginia Ms. Katharine Gray, Planner, City of Roanoke,Virginia Mr. Craig Clifton(via Email); Mr. Steven S. Strauss(via Email) 11589/10/6735274v1 Exhibit 1 Evaluations of Additional Locations AT&T Mobility Virginia/Wes[Virginia Market Office at&Ct Road Cox Road Suite 300 Glen Allen,Virginia 23060 1. Christ Episcopal Church: This location was evaluated at an estimated antenna height of 50 ft. This location provide a small improvement in coverage within the Coverage objective but due to location and height failed to provide the required coverage within the coverage objective and is rejected by RF as a candidate. 2. Saint Marks Lutheran Church:This location was evaluated at an estimated antenna height of 60 ft. As with Christ Episcopal church this candidate provided a small improvement in coverage within the Coverage objective but due to location and height failed to provide the required coverage within the coverage objective and is rejected as a candidate. 3. Second Presbyterian Church: This candidate was evaluated at an estimated height of 50 ft. This candidate is outside the search area. Due to location and height this candidate failed to provide significant coverage improvement within the coverage objective area and is rejected by RF. 4. Trinity United Methodist Church: This candidate was evaluated at an estimate antenna height of 50 feet.This location is well outside of the search area and fails to provide an improvement in coverage within the coverage objective and is rejected as a candidate. 5. Saint Johns Episcopal Church:This Candidate was evaluated at an estimated antenna height of 40 Ft.This candidate is well outside the search area and fails to significantly improve coverage within the coverage objective and is rejected as a candidate. 6. Jesus is Lord Assembly of Love:This candidate was evaluated at an estimated antenna height of 35 ft. This Candidate is well outside of the search area and due to location and height failed to improve coverage within the coverage area and is rejected as a candidate. 7. Saint Paul's Evangelical and Reformed Church: This location was evaluated at an estimated antenna height of 60 ft.This Candidate achieved a small improvement in the network coverage objective but due to location and height failed to meet the required coverage within the coverage objective and the candidate is rejected by RF. 8. Congregational Holiness Church:This church is well outside the search area and the existing structure provided no acceptable antenna locations.The candidate is rejected. 9. Beth Israel Synagogue: This location is well outside of the search area and the existing structure provided no acceptable antenna locations.The Candidate is rejected. 10. First Baptist Church:This candidate was evaluated at an estimated antenna height of 50 ft.The Candidate is well outside the search area and is rejected for its failure to provide coverage within the coverage objective. 11. Highland Park Elementary School:This structure was evaluated with an estimated antenna height of 40 ft.While the candidate did provide some coverage within the coverage objective the candidate failed to provide the required coverage within the coverage objective due to location and height and is rejected by RF. Lamine Diedhiou I1589/10/6705902vI JSc nTelos Evaluation of Additional I orations lune 5,2014 Candidate place of Warship/Existing Structure Address Telephone Number GFS Coordinates Notes This location provided a small improvement to the Crystal Spring area but failed to meet the objective of off loading the surrounding sites and enhancing coverage to the homes around Highland and 1 Christ Episcopal Church 1101 Franklin Road,SW,Roanoke,VA 24016 (540)343-0159 Lat.37.263923 Long.-79.947238 Wasena Park. This location provided some additional in building coverage to a small portion of homes in Old Southwest but failed to provided the off load of the surrounding sites,provide the coverage improvement to the homes around Highland and 2 Saint Mark's Lutheran Church 1008 Franklin Road,SW,Roanoke,VA 24016 (540)344-9051 tat.37.264479 Long.-79.945962 Wasena Park. This location provided some additional in building coverage to a small portion of homes in Old Southwest but failed to provided the off load of the surrounding sites,provide the coverage improvement to the homes around Highland and 3 Second Presbyterian Church 215 Highland Avenue,SW,Roanoke,VA 24016 (540)343-3659 Lat 37.264985 Long.-79.944237 Wasena Park. This location failed to provide 4 Trinity United Methodist Church 305 Mountain Avenue,SW,Roanoke,VA 24016 (540)342-3501 Lat.37.266029 Long.-79.945241 any network improvement. This location failed to provide 5 Saint John's Episcopal Church 1 Mountain Avenue,SW,Roanoke,VA 24016 (540)343-9341 tat.37.266606 Long.-79.941555 any network improvement. This location tailed to provide 6 Jesus is Lord Assembly of Love 704 Ferdinand Avenue,SW,Roanoke,VA 24016 (540)343-1940 tat.37.266662 Long.-79.954874 any network improvement. This location failed to provide 7 'Saint Paul's Evangelical and Reformed Church 1217 Maple Avenue,SW,Roanoke,VA 24016 (540)529-2968 Lat.37.262190 Long.-79.942089 any network improvement. This location failed to provide 8 Congregational Holiness Church 349 Mountain Avenue,SW,Roanoke,VA 24016 (540)344-7279 Lat.37.266121 Long.-79.947010 any network improvement. This location failed to provide 9 Beth Israel Synagogue 920 Franklin Road,SW,Roanoke,VA 24016 (540)343-0289 cat.37.264984 tong.-79.945861 any network Improvement. Inla location provinen a small enhancement to In building coverage on the south side of 10 First Baptist Church Downtown,but failed to meet 5153rd Street,SW,Roanoke,VA 24016 (540)224-3364 Lat.37.269001 Long-79.946391 any of the objectives. This location failed to provide 11 Highland Park Elementary School 1212 5th Street,SW,Roanoke,VA 24016 (540)853-2963 Lat.37.263068 Long.-79.950582 any network improvement. Exhibit 2 Photo Simulations from Outlook on Mill Mountain - `f� ! '' x,' r vr �- � r t '�s�� . r T' t � - �1. Y +{ "Wy ��' k R02 . _ ., .,,* .....;_ , .;.-C 11 T rook Properties IV,LLC . `.Franklin Road,Roanoke,Virginia .,�,165ft. Monopole • Simulation View from aide of MITI Mountain approx.4,150ft east-southeast of side - + I't(,,Al. -TOWER€ 70-4 1Y •r�)I' r; : , ri' �..b b: ti R w '' - ,�rj, '.,..- f:. ....,5 w« ..-a .". .RO211 ' •Titnberbrook Properties IV,LLC Franklin Road,Roanoke,Virginia 165ft. Monopole Simulation View from side of Mill Mountain approx.4,560ft.east-southeast of site i C,:A'.i!'TOWER'- CITY OF ROANOKE OFFICE OF THE CITY CLERIC 215 Church Avenue,S.W.,Suite 456 , ? ° � Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: elerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk May 29, 2014 Maxwell H. Wiegard, Attorney Gentry Locke Rakes & Moore, LLP 10 Franklin Road, S. E., Suite 800 Roanoke, Virginia 24011 Dear Mr. Wiegard: This will acknowledge receipt of your communication dated May 29, 2014, requesting a continuance of Ordinance No. 39887, on second reading, to amend the INPUD Development to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II on property located at 1809 Franklin Road, S. W., until Monday, July 21, 2014. I am forwarding a copy of your communication to the Council for consideration at its meeting on Monday, June 16. Should you have questions, please do not hesitate to contact me. Sincerely, Stephanie M. Moon Reyno MM City Clerk Maxwell H. Wiegard May 29, 2014 Page 2 pc: The Honorable Mayor David A. Bowers and Members of the Roanoke City Council HTB Properties, LLC, 202 South Jefferson Street, Roanoke, Virginia 24011 Steven Strauss, Timberbrook Properties VI, LLC, 5100 Bernard Drive, S. W., Roanoke, Virginia 24018 Craig Clifton, Pegasus Tower Company, LLC, 548 East Riverside Drive, Suite D, North Tazewell, Virginia 24630 Mr. Mohan Chandler, P. O. Box 1646, Lake City, Florida 32056-1646 Shrinath Enterprises, LLC, 1927 Franklin Road, S. W., Roanoke, Virginia 24014 Tacklebox Properties, LLC, P. O. Box 8725, Roanoke, Virginia 24014 Lorrd Ganeshji, Inc., 5848 Old Locke Court, S. W., Roanoke, Virginia 24018 Ms. Barbara N. Duerk, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Ms. Jan Keister, 817 Marshall Avenue, S. W., Roanoke, Virginia 24016 Mr. John M. McGonigal, 706 Montrose Avenue, S. E., Roanoke, Virginia 24013 Ms. Dinah Ferrance, 402 Day Avenue, S. W., Roanoke, Virginia 24016 Ms. Joel W. Richert, 415 Allison Avenue, S. W., Roanoke, Virginia 24016 Mr. S. Ronald Owens, 18 Mountain Avenue, S. W., Roanoke, Virginia 24016 Mr. Frank J. Smith, 934 Highland Avenue, S. E., Roanoke, Virginia 24013 Mr. H. Curtis Rupe, 424 Highland Avenue, S. W., Roanoke, Virginia 24016 Ms. Valerie S. Eagle, 445 Elm Avenue, S. W., Roanoke, Virginia 24016 Mr. James E. Steagall, Jr., 409 Highland Avenue, S. W., Roanoke, Virginia 24016 Mr. James W. Hyams, 349 Walnut Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Kirk W. Gibson, 1606 Hampton Avenue, S. W., Roanoke, Virginia 24015 Mr. Mark Hostetter, 544 Day Avenue, S. W., Roanoke, Virginia 24016 Jean Bollendorff, Roanoke Valley Preservation Foundation, P. O. Box 1366, Roanoke, Virginia 24007 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Amelia Merchant, Director of Finance Steven J. Talevi, Assistant City Attorney Candace Martin, Secretary, City Planning Commission GENTRY LOCKE RAKES & M®RE"P Maxwell H.Wiegard Attorneys Facsimile 540.983.9400 (540)983-9350 Post Office Box 40013 mwiegard@genWocke.com Roanoke,Virginia 24022-0013 May 29, 2014 HAND DELIVERED Stephanie M. Moon, City Clerk City of Roanoke, Virginia Suite 456, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Re: Request for Continuance of Second Reading of Ordinance on Amended Application No. 4 for Amendment of Planned Unit Development Plan (the "Application") Applicant: Pegasus Tower Company, LLC Property Owner: Timberbrook Properties VI, LLC Property: 1809 Franklin Road, S.W. (Tax Map No.: 1040102) Dear Ms. Moon: We serve as zoning counsel to Pegasus Tower Company, LLC, the Applicant for an amendment of a Planned Unit Development Plan governing the parcel of real property referenced above. On March 17, 2014, the Roanoke City Council conducted a public hearing on the Application and adopted Ordinance No. 39887. The second reading of Ordinance No. 39887 is currently scheduled for the June 16, 2014, Roanoke City Council meeting. The purpose of this letter is to request a continuance of the second reading of Ordinance No. 39887 to the Roanoke City Council meeting scheduled for July 21, 2014. The requested continuance will provide the Applicant additional time for community outreach and to complete its review and analysis of certain existing structures that have been identified as potential alternate locations for the wireless telecommunications tower shown in Phase II of the proposed Amended Planned Unit Development Plan. 10 Franklin Road SE,Suite 800+Roanoke,VA 24011+Toll Free:866-983-0866 ww.v.gentrylocke.com 11589/10/6686590v1 • GENTRY LOCKE RAKES&M®RE° Stephanie M. Moon, City Clerk May 29, 2014 Page 2 We appreciate your consideration of this request. If you have any questions regarding the Applicant's request for a continuance or the information set forth above, please do not hesitate to call me at 540-983-9350. Very truly yours, GENTRY LOCKE RAKES & MO LLP K7,117,1111 Maxwell H. Wiegard cc: Daniel J. Callaghan, Esq., City Attorney, City of Roanoke, Virginia R. Brian Townsend, Assistant City Manager, City of Roanoke, Virginia Chris Chittum, Director of Planning, City of Roanoke Virginia Ian Shaw, Planning Administrator, City of Roanoke, Virginia Mr. Craig Clifton (via Email) Mr. Steven S. Strauss (via Email) 11589/10/6686590v1 C. ( barb Peagus Cell Tower, LLC represented by Mr. Wiegard has asked for a continuance of a 2nd reading to amend the INPUD South Jefferson Redevelopment located 1809 Franklin to permit construction of a wireless telecommunications tower in Phase 1 and an office building in Phase II until Monday,July 21, 2014. The cell tower discussion is before City Council because it was an amended plan that was heard by planning commission. Most cell tower applications go before the Board of Zoning Appeals. You, City Council members, have provided thoughtful input into the reasons how this parcel of land could be better developed to conform to other properties in the S.Jefferson/Reserve Avenue development. Section 36.2-432 Wireless telecommunications facilities and broadcasting towers covers Purpose, Applicability, Definitions, Application requirements and General standards. There are requirements for towers and for stealth locations. I ask that the city guidelines, procedures and codes for accommodating wireless communication in the city of Roanoke be updated. A committee which would include neighborhood leaders, legal council,tourism officials, business leaders and BZA and planning staff would serve to bring forward recommendations on updating Roanoke's response to implementing technology needs for the next century. Thank you, Barbara N. Duerk, CONNECT NOW 1 a , /, Comments for City Council, July 21 meeting, Cell Towers Regional Approach barb to: clerk 07/16/2014 08:13 AM Stephanie, Could you please provide the following letter to Roanoke City Council members? Thanks, Barbara Duerk, TO: Mayor and Members of Roanoke City Council RE: Roanoke Valley-Best Place to Live, Work, Play and Visit YOU have the voice and should vote to implement the RVARC Livability Roanoke Valley Plan, Promoting Economic Opportunity and Quality of Life in the Roanoke Valley. YOU have the voice and should vote to support Roanoke city code Sec. 36.2-432. Roanoke City Council members should ask for section 36.2-432 Wireless telecommunications facilities and broadcasting towers to be reviewed and updated. Section.2-432 (a) No. 2 states, "Minimize the impacts of wireless telecommunications facilities and broadcasting towers on the public safety, the natural environment, and surrounding properties by establishing standards for location that encourage broadcast services and personal wireless services providers to locate their facilities, to the extent possible, in areas where the adverse impact on the community is minimal". Other sections of the code talk about protecting the character, scale, viability, and quality of life of the residential districts. Stealth location is recommended. YOU have the voice and should vote to update Roanoke's cell tower policy and suggest a regional approach for the Roanoke Valley. ASK: Vote NO to the proposed location of a cell tower at property 1809 Franklin Road, S.W. Vote YES to placing a moratorium on cell tower approvals by the BZA or the Planning commission until the Roanoke City Code regarding wireless telecommunications facilities and broadcasting towers is UPDATED. VOTE YES to addressing wireless telecommunications facilities and broadcasting towers as a regional concern. Mr. Wiegard has asked to be involved in updating the city's policies and practices for cell towers. Representation from the Mill Mountain Advisory Board and the Roanoke Neighborhood Advocates should be considered. Cell Tower location is a citywide issue and a regional concern. Barbara N. Duerk, CONNECT NOW " You only have one chance to make a good first impression." July 15, 2014 : Roanoke City Council Noel C. Taylor Municipal Building ROANOKE 215 Church Avenue S.W., Suite 456 VALLEY Roanoke,Virginia 24011 PRESERVATION FOUNDATION Dear Mayor and Members of City Council, This correspondence is in regards to the zoning amendment application for a 165 foot monopole telecommunications tower located at 1809 Franklin Road SW (Tax Map No. 1040102) by Pegasus Tower Company, LLC. The Roanoke Valley Preservation Foundation (RVPF) does not support this application. This tower would be visible from both the Old Southwest Historic District and the Roanoke River Greenway. These are two vital assets to our community that have been widely celebrated by residents and visitors alike. One of the most attractive features of the Old Southwest neighborhood is its rolling topography which offers broad vistas as noted in the Old Southwest Neighborhood Plan (p. 18). This also increases the impact of new development on the historic character of the neighborhood,especially at the proposed height of165 feet. Although the monopole is physically outside the historic district, its visual impact would be just as damaging. The approval of this application would set a precedent for similar applications in the future,compromising the work accomplished by Old Southwest Inc, Roanoke Valley Greenways,and the security afforded to those living in local historic districts. Thank you for your consideration of our comments. Sincerely, Si)5 0 Alison S. Blanton, President Roanoke Valley Preservation Foundation P. 0.Box 1366 Roanoke,VA 24007 a e_ rillAde ROANOKE NEIGHBORHOOD ADVOCATES Noel C.h rch Taylor e Municipal Room 215 Church Avenue,Sw,Room 312 North Roanoke,Virginia 24011 ROANOKE Fax: 5 0.8536597 Fax: 540.6536597 Email: neighborhoods @roanokegov.com July 9,2014 Honorable Mayor David Bowers and Members of City Council 215 Church Avenue,SW,Room 452 Roanoke,Virginia 24011-1594 Dear Mayor Bowers and Members of City Council: On behalf of the Roanoke Neighborhood Advocates(RNA), I am writing concerning the proposed development of a cell tower at 1809 Franklin Road SW. At the April 9th meeting of the RNA, Ms.Barbara Durek,on behalf of the Neighbors in South Roanoke organization, made a presentation to the RNA and upon its conclusion requested the Roanoke Neighborhood Advocates to take a position on the issue on behalf of city neighborhoods and the community at large. Following a brief discussion,the RNA members decided to survey other neighborhoods across the city to seek their input regarding the cell tower proposal and the need to protect our city's viewsheds. During the May 15,2014 RNA monthly meeting,RNA members discussed the results of their conversations with neighborhoods and residents across the city,and unanimously passed a motion to take a position of opposition to the proposed tower If the developer fails to fulfill their obligation to: • meet with adjoining neighborhoods,and • consider and report on alternative locations,and • consider and report on less invasive technologies for service coverage as requested by City Council during the March 17,2014 Public Hearing that took place during Council's 7pm Regular Session. More specifically,the RNA do recognize a shared neighborhood concern for protecting the Roanoke Valley viewshed,as formalized in the city's comprehensive plan,EC P3:"Viewsheds. Roanoke will protect steep slopes,ridgetops,and viewsheds within the City as important environmental and scenic resources and will cooperate regionally to protect such resources located outside of the City." The RNA have initiated communication with the Department of Planning,Building and Development concerning any discussions,studies,or efforts proposed or underway to better specify this goal and strongly recommend the city proactively explore creating a plan for viewshed protection and future cell and communication tower siting preferences. We believe that such a plan should be in place and are willing to assist in Its development. We thank you for your work on behalf of the citizens and neighborhoods of Roanoke. EessMofl eAly�,�r C Roanoke Neighborhood Advocate j Re: Barbara Norris Duerk, sign up to speak? _7 City Clerk !n barb 07/17/2014 09:10 AM '.d lr... Stephanie Moon Adalina Allicott,Andrea Johnson Hi Barb, I have you registered for Monday. Please check in at the table prior to the meeting. Stephanie Moon Reynolds, MMC City Clerk/Clerk of Council City Clerk's Office 215 Church Avenue, S. W. Roanoke, Virginia 24011 (540) 853-2541 (telephone) (540) 853-1145 (fax) "hark" Stephanie Thanks fnr including my written com... 07/17/2014 07:50:35 AM To: <City.Clerk @roanokeva.gov>, Date: 07/17/2014 07:50 AM Subject: Barbara Norris Duerk,sign up to speak? Stephanie, Thanks for including my written comments . Could you also sign me up to SPEAK under the appropriate agenda item for CELL TOWER? Have a blessed day! B Original Message From: Stephanie.Moon @roanokeva. gov [ mailto: Stephanie.Moon @roanokeva. gov] On Behalf Of City. Clerk @roanokeva . gov Sent : Wednesday, July 16, 2014 9: 19 AM To: barb Subject : Re : Comments for City Council, July 21 meeting, Cell Towers Regional Approach Yes Ma ' am. It will be included into the record. Stephanie Moon Reynolds, MMC City Clerk/Clerk of Council City Clerk' s Office 215 Church Avenue, S . W. Roanoke, Virginia 24011 (540) 853-2541 (telephone) (540) 853-1145 (fax) From: "barb" <barbgary @cox. net> To: <clerk @roanokeva . gov>, Date : 07/16/2014 08 : 13 AM Subject : Comments for City Council, July 21 meeting, Cell Towers Regional Approach Stephanie, Could you please provide the following letter to Roanoke City Council members? Thanks, Barbara Duerk, TO: Mayor and Members of Roanoke City Council RE: Roanoke Valley - Best Place to Live, Work, Play and Visit YOU have the voice and should vote to implement the RVARC Livability Roanoke Valley Plan, Promoting Economic Opportunity and Quality of Life in the Roanoke Valley. YOU have the voice and should vote to support Roanoke city code Sec. 36. 2-432 . Roanoke City Council members should ask for section 36. 2-432 Wireless telecommunications facilities and broadcasting towers to be reviewed and updated. Section. 2-432 (a) No. 2 states, "Minimize the impacts of wireless telecommunications facilities and broadcasting towers on the public safety, the natural environment, and surrounding properties by establishing standards for location that encourage broadcast services and personal wireless services providers to locate their facilities, to the extent possible , in areas where the adverse impact on the community is minimal" . Other sections of the code talk about protecting the character, scale, viability, and quality of life of the residential districts . Stealth location is recommended. YOU have the voice and should vote to update Roanoke ' s cell tower policy and suggest a regional approach for the Roanoke Valley. ASK: Vote NO to the proposed location of a cell tower at property 1809 Franklin Road, S .W. Vote YES to placing a moratorium on cell tower approvals by the BZA or the Planning commission until the Roanoke City Code regarding wireless telecommunications facilities and broadcasting towers is UPDATED. VOTE YES to addressing wireless telecommunications facilities and broadcasting towers as a regional concern. Mr. Wiegard has asked to be involved in updating the city' s policies and practices for cell towers . Representation from the Mill Mountain Advisory Board and the Roanoke Neighborhood Advocates should be considered. Cell Tower location is a citywide issue and a regional concern. Barbara N . Duerk, CONNECT NOW " You only have one chance to make a good first impression. " Roanoke, VA 24014