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Council Actions 03-16-15
LEA 40176- 031615 ROANOKE CITY COUNCIL REGULAR SESSION MARCH 16, 2015 2:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order- -Roll Call. Council Members Lea and Price were late. The Invocation was delivered by Mayor David A. Bowers The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, March 19 at 7:00 p.m., and Saturday, March 21 at 4:00 p.m.; and video streamed by internet through Rev.Net Technologies, Inc., at http: / /www.wrev.net Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. 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 TUESDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONTACT THE CITY CLERK'S OFFICE AT 853 -2541, OR ACCESS THE CITY'S HOMEPAGE TO OBTAIN AN APPLICATION. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT OR UPCOMING EXPIRATIONS OF TERMS OF OFFICE: ARCHITECTURAL REVIEW BOARD - ONE VACANCY TERM OF OFFICE ENDING OCTOBER 1, 2018 BOARD OF ZONING APPEALS - ONE VACANCY UNEXPIRED TERM OF OFFICE ENDING DECEMBER 31, 2015 FAIR HOUSING BOARD — ONE VACANCY ONE TERM OF OFFICE ENDING MARCH 31, 2018 YOUTH SERVICES CITIZEN BOARD — VACANCIES 4 -ONE, 4 -TWO, 5- THREE, AS WELL AS TWO STUDENT MEMBERS COMMENCING JULY 1, 2015 (DEADLINE FOR RECEIPT OF APPLICATIONS —APRIL 15, 2015) EXPIRATION OF THE THREE -YEAR TERMS OF OFFICE OF MAE G. HUFF, TODD A PUTNEY AND RICHARD M WILLIS JR., AS TRUSTEES OF THE ROANOKE CITY SCHOOL BOARD ENDING JUNE 30.2015. TRUSTEES HUFF AND PUTNEY ARE NOT ELIGIBLE FOR REAPPOINTMENTS. SCHOOL BOARD APPLICATION MAY BE COMPLETED ONLINE OR DOWNLOADED AT http7 / /www roanokeva goy /schoolboardapplication CITY'S WEBSITE OR IN THE CITY CLERK'S OFFICE. DEADLINE FOR RECEIPT OF APPLICATIONS HAS BEEN EXTENDED UNTIL 5:00 P.M. ON MONDAY, MARCH 16 2015, IN THE CITY CLERK'S OFFICE 215 CHURCH AVENUE, S. W., SUITE 456. At this point, Council Member Price entered the meeting (2:02 p.m.) 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of Jennifer Hatch as the William C. Lowry Mathematics Educatorofthe Year for the middle school level. Presented Ms. Hatch with a Gold Star Paperweight. 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. Robert Gravely with regard to assistance to low income and impoverished citizens of the City of Roanoke. Jim Thompson with regard to annoyance of a rooster crowing in his neighborhood. During discussion of the matter, Council Member Lea entered the meeting (2:13 p.m.) Matter referred to the City Manager for report to Council (4 -3, Council Members Bestpitch and Ferris and Vice -Mayor Trinkle voting no.) 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 A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2 -3711 (A)(1), Code of Virginia (1950), as amended. A list of current vacancies is included with the agenda for this meeting. RECOMMENDED ACTION: Concurred in the request. C -2 A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss or consider acquisition of real property where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2- 3711(A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -3 A communication from the City Clerk advising of the resignation of The Reverend Erin Hensley as an -At large City representative of the Blue Ridge Behavioral Healthcare Board of Directors to fill the unexpired term of Max E. Davis ending .December 31, 2016, RECOMMENDED ACTION: Accepted resignation and received and filed communication. C -4 A report of the City Attorney recommending that City Council take no action to ban circus performances involving wild and exotic animals at this time. RECOMMENDED ACTION: Received and filed. C -5 A communication from Debbie Bonniwell, Executive Director, Blue Ridge Behavioral Healthcare, requesting concurrence in the appointment of Gregory Hamilton as an at -large Board appointee of the Blue Ridge Behavioral Healthcare Board of Directors to fill the unexpired term of Daniel E. Karnes ending December 31, 2015. RECOMMENDED ACTION: Concurred in the request. C -6 Report of qualifications of Karri B. Atwood as a member of the City Planning Commission to fill the unexpired term of Mark Futrell ending December 31, 2016; and Christopher M. Vail to replace Barbara Botkin as a member of the Architectural Review Board for a term ending October 1, 2018. RECOMMENDED ACTION: Received and filed. A communication from Council Member Sherman P. Lea, Chair, Roanoke City Council Personnel Committee requesting that the Council convene in a Closed Meeting to discuss a personnel matter, being the salaries 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. IN THE INTEREST OF TIME MAYOR BOWERS ANNOUNCED THAT SEVERAL AGENDA ITEMS WOULD BE TAKEN OUT OF ORDER. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 8. REPORTS OF COMMITTEES: b. Rob Catron, Roanoke City Legislative Liaison, gave a status update regarding the 2015 legislative session final report for the City of Roanoke. Without objection by the Council, the update was received and filed. During presentation, Council Member Price left the meeting (2:55 p.m.) 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: Briefing on continuation of FY2016 Budget/Financial Planning Work Session was held following Item 11. — Motion and Miscellaneous Business. ITEMS RECOMMENDED FOR ACTION: Acceptance and appropriation of funds for a supportive services grant from the U. S. Department of Housing and Urban Development to the City of Roanoke Homeless Assistance Team for a one year period beginning February 1, 2015. Adopted Resolution No. 40176-031615and Budget Ordinance No. 40177 - 031615. (6 -0, Council Member Price was absent) 2. Acceptance of a donation of funds from Member One Federal Credit Union as part of the City's "Beautify Roanoke Interchanges through Enhancement' (BRITE) Program to assist the City with the maintenance of the landscaping in the southeast quadrant of the Routel- 581 [Williamson Road interchange, and specifically an educational component regarding the environmental impact of stormwater run -off; and appropriation of funds in connection therewith. Adopted Resolution No. 40178 - 031615 and Budget Ordinance No. 40179 - 031615. (6 -0, Council Member Price was absent) 3.. Amendment of Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, to define the position of an animal warden as a civilian employee and to ensure that animal wardens have the same meaning and authority as an animal control officer as defined in Section 3.2 -6500, Code of Virginia (1950), as amended; and to increase the exemption age of dogs kept on residential property from four months to six months to be consistent with the City's Zoning Ordinance. Adopted Ordinance No. 40180- 031615. (6 -0, Council Member Price was absent) 4. Authorization to renew the contract dated February 6, 2013, between the City of Roanoke on behalf of City's Department of Social Services and Carilion Medical Center for two Outstationed Medicaid Eligibility Workers for two additional and successive one year periods; and appropriation of funds in connection therewith. Adopted Resolution No. 40181- 031615 and Budget Ordinance No. 40182 - 031615. (5 -0, Vice -Mayor Trinkle abstaining and Council Member Price was absent) 5. Authorization to acquire certain real property rights needed in connection with the Trevino Circle /Monterey Road Stream Restoration and Channel Improvements Project. Adopted Ordinance No. 40183- 031615. (6 -0, Council Member Price was absent) 6. Authorization to acquire and demolition certain real property located at 1906 Laura Road, N. W., designated as Official Tax Map No. 6140322, which is subjective to repetitive flooding, under the Federal Emergency Management Agency's Hazard Mitigation Grant Program Adopted Ordinance No. 40184- 031615. (6 -0, Council Member Price was absent) COMMENTS OF CITY MANAGER. St. Patrick's Day Activities • Before the big parade on Saturday, Roanoke Public Libraries held events to offer a morning of music and crafts at the Main Library. • Staff reported that 463 people stopped by the library to enjoy the Celtic band Blue Ridge Ceilidh, which performed from 10:00 am to 11:00 a.m.; and to participate in an arts and crafts corner in the Youth Services area of the Library. • Despite the rain, this year's McDonald's St. Patrick's Day Parade kicked off the celebration with a great crowd and over 100 wonderful entries. • This year marked the first time that the parade was televised from beginning to end, thanks to our partners at W DBJ -7. • After the parade, the rain returned and Downtown Roanoke restaurants and indoor venues were packed with people. • Once the rain subsided, the Shamrock Festival and Corned Beef and Co. Celtic Celebration were another great draw for locals and visitors alike. Art by Bus • This spring, buses in the Roanoke Valley will carry more than passengers: they will also carry art, literature, and music through a program called Art by Bus. • This is collaboration between RIDE Solutions; the City of Roanoke Arts Commission; and the Greater Roanoke Valley Transit Company, which operates Valley Metro, the Star Line Trolley, and the Smart Way bus services. • Goal is to bring more awareness of the city's regional art collection. As part of this program: • Four works of art from the city's public art collection will be displayed on the outside of 4 Valley Metro buses. • Melanie Almeder, a professor at Roanoke College, will serve as our Transit Resident and ride buses in March and April to write about her experiences, the people she meets, and the neighborhoods she travels through. • Local musicians will perform a series of short concerts on the Star Line Trolley. Performances will cover a wide variety of music styles. • More information on Art by Bus and the participating artists can be found at ridesolutions.org /artbybus. 37th Annual Clean Valley Day • Saturday, April 11 • Clean -up will occur from 9:00 a.m. to 12:00 Noon. • Citizens are encouraged to volunteer for this valley -wide cleanup event • Volunteers can pick their spot —a park, playground, roadside or a stream bank —or their very own neighborhood; anywhere litter has accumulated. • The city collects an average of 10 to 12 tons each year as the result of this event, and takes it to the Roanoke Valley Resource Authority for disposal. • Register at www.cleanvalley.org. Career Lifestyle & Financial Fitness Fair • Monday, April 27 • Berglund Center inside the Special Events Center • 8:30 a.m. to 1:00 p.m. • The event is being held in conjunction with the offices of Congressmen Bob Goodlatte and Morgan Griffith. The event will feature: • vendors representing area businesses seeking new employees; • lifestyle organizations creating awareness of amenities and volunteer opportunities; • educational entities sharing their curriculum; and • financial organizations which will educate attendees on resources, as well as ways to save money and to structure their finances moving forward. Sponsors include the City of Roanoke Department of Economic Development, the Renick Group, American National University, Roanoke Valley SHRM, and the County of Roanoke Department of Economic Development. Potholes • With severe cold, the city has experienced an increase in the number of potholes on our streets • Crews will be using cold patch materials to fix these until the weather warms up and permanent asphalt materials are available • Staff anticipate being able to obtain the additional materials needed soon • To reduce the number of potholes resulting on streets after future severe weather events, more funding will be needed for the street paving program and the paving must be done more frequently. b. CITYATTORNEY: Authorization to direct the City Treasurer to refund an overpayment of an erroneous assessment of real estate taxes on real property located on Edmunds Avenue, N. E., designated as Official Tax Map No.3222217. Adopted Resolution No. 40185. 031615. (6 -0, Council Member Price was absent) 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the Director of Finance recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 40186- 031615. (6 -0, Council Member Price was absent) b. Status Report regarding Legislative Matters. Court G. Rosen, Chair, Legislative Committee. Briefing regarding the 2015 General Assembly legislative matters was held prior to Item 7 — Reports of City Officers and Comments of City Manager. 7. C. DIRECTOR OF FINANCE: Presentation with regard to Fitch Ratings and Standard & Poor's affirmed Roanoke's AA+ /Stable Outlook rating. Received and filed. 2. Authorization to establish the percentage reduction for personal property tax relief for the 2015 tax year. Adopted Resolution No. 40187- 031615. (6 -0, Council Member Price was absent) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Council Member Bestpitch commented on Item C4 under Consent Agenda, whereby the City Attorney was recommending that City Council take no action to ban circus performances involving wild and exotic animals at this time. Following remarks by the City Attorney, Council Member Bestpitch recommended that the matter be referred to the Legislative Committee for further discussion in the fall 2015. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 10 7.A. CITY MANAGER -BRIEFING: Continuation of FY2016 Budget/Financial Planning Work Session During the briefing, Mayor Bowers relinquished the Chair to the Vice - Mayor and left the meeting (4:29 p.m.); and Council Member Price returned at 5:11 p.m., during the discussions regarding the Balancing Scenarios (Slide 14) Following in -depth discussion, a public hearing was to be scheduled for Thursday, April 23 at 7:00 p.m., or as soon thereafter as the matter may be heard, to discuss raising the real estate tax up to $.04, for a total amount not to exceed $1.23. 12. RECESS. 5:20 P.M. The Vice -Mayor declared the meeting in recess fora Closed Meeting in the Council's Conference Room, and thereafter, to be reconvened at 7:00 p.m., in the Council Chamber. During the Closed Meeting request of the City Manager regarding acquisition of real property, Mayor Bowers entered the meeting (5:50 p.m.). 11 ROANOKE CITY COUNCIL REGULAR SESSION MARCH 16, 2015 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. All Present. The Invocation was delivered by Council Member Sherman P. Lea. 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, March 19 at 7:00 p.m., and Saturday, March 21 at 4:00 p.m., and video streamed by Internet through Rev.Net Technologies, Inc., at http: / /www.wrev.net. Council Meetings are offered with closed captioning for the hearing impaired. CERTIFICATION OF CLOSED MEETING. (7 -0) 12 Mayor Bowers announced that 12 applications had been received in the City Clerk's Office prior to the 5:00 p.m. deadline this afternoon, naming Freeda Cathcart, Mark Cathay, Chris Craft, Charles Downs, Jr., John Elliott, Reverend Timothy Harvey, Mary Nash, Stedman Payne, Jr., Susan Reese, Laura Rottenborn, Richard "Dick" Willis, Jr.; and the following eightapplicants were selected for interviews to fill the three upcoming vacancies on the Roanoke City School Board, commencing on July 1, 2015 for three year terms, each: Mark K. Cathay Charles L. Downs, Jr. Reverend Timothy P. Harvey Mary B. Nash Stedman A. Payne, Jr. Susan R. Reese Laura D, Rottenborn Richard "Dick" M. Willis The Mayor further advised that the eight applicants would be interviewed during the April 6 Council Meeting at 2:00 p.m., offering a five minute presentation, followed by questions of the Council, with the option to ask additional questions during a Closed meeting, if necessary; a public hearing to be schedule for Monday, April 20 at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments regarding the appointment of any of the abovementioned applicants; and on May 4 or May 16, selecting three applicants to serve on the Roanoke City School Board. A. OTHER BUSINESS: (a) Petition for Appeal fled by Dr. Stephen Rosenoff and 202 Market Street, d /b /a Stefano's on the Market, appealing a decision of the Architectural Review Board denying his request to approve already installed Tx 8' roll -down, fire retardant, enclosure material having clear vinyl openings, to the inside face of the two existing awnings on the west side of the building at 202 Market Street, S. E. John S. Edwards, Attorney. In connection with the abovementioned Petition for Appeal, Vice -Mayor Trinkle advised of a personal conflict of interest; and read a prepared statement for the record. 13 As requested by John S. Edwards, Attorney, representing the applicant, the matter was re- referred back to the Architectural Review Board for further discussion (6 -0, with Vice -Mayor Trinkle abstaining). B. PRESENTATIONS AND ACKNOWLEGEMENTS: Recognition of Afire Devries, the new President and CEO of the United Way of Roanoke Valley. Mayor Bowers presented Ms. Devries a Gold Star Paperweight. Recognition of Billy Weitzenfeld, Executive Director of the Energy Conservation Professionals. Mayor Bowers presented Mr. Weitzenfeld with a ceremonial proclamation declaring March 16 as Billy Weitzenfeld Day. 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 expressing appreciation for amendment to the Parks and Recreation Master Plan for funds to renovate the Thrasher Park Recreation Center; to seek funding to refurbish East Gate Park; and he called attention to the Grand Opening of a neighborhood Walmart Store on Route 460 East on April 8, 2015. David Hess, 50914"' Street, S. W., appeared before Council in connection with comments expressed by Jim Thompson during the 2:00 p.m. session of Council regarding annoyance of rooster crowing in his neighborhood. Mayor Bowers advised that the matter had been referred to the City Manager for review and report to Mr. Thompson and City Council. 14 D. PUBLIC HEARINGS: 1. Request of Alvin Woods that the alley located on the south side of Orange Avenue, N. E., between 11`" and 12`" Street, N. E., specifically adjoining Official Tax Map Nos. 3050402, 3050403, 3050405 and 3050406, be permanently vacated, discontinued and closed. Alvin Woods, Spokesperson. Adopted Ordinance No. 40188- 031615. (7 -0) 2. Request of Alvin and Bonita Woods that property located at 111311V' Street, N. E., bearing Official Tax Map Nos. 3050407, three unaddressed lots on 11`" Street, N. E., bearing Official Tax Map Nos. 3050402, 3050403, and 3050406; and an unaddressed lot on Orange Avenue, N. E., bearing Official Tax Map No. 3050405, be rezoned from CN, Commercial- Neighborhood District, to CG, Commercial - General District, with conditions. Michael Woolwine, Hughes Associates, Spokesperson. Adopted Ordinance No. 40189-031615. (7 -0) 3. Request of PR Homes, LLC, that property located at 4414 Pheasant Ridge Road, S. W., bearing Official Tax Map Nos. 5460124; 4345 Griffith Road, S. W., bearing Official Tax Map No. 5470302 for under addressed lots on Griffith Road, S. W., bearing Official Tax Map Nos. 5470301, 5470303, 5470304, 5470305, and three unaddressed lots on Van Winkle Road, S. W., bearing Official Tax Map Nos. 5470306, 5470307, 5470308, be rezoned from Mixed Use Planned Unit Development Plan (MXPUD), pursuant to Ordinance No. 39610 - 031813 adopted by Roanoke City Council on Monday, March 18, 2013, to Institutional Plan Unit Development Plan (INPUD). Hunter Smith, Special Manager, Spokesperson. Council Member Rosen advised of a conflict of interest and that he would reframe from participating in any discussions; and read a statement for the record. Adopted Ordinance No. 40190- 031615. (6 -0, with Council Member Rosen abstaining) 15 4. Receive citizen comments with regard to consideration of a request from Countryside Sportsplex, Inc., a Virginia non - stock, not for profit corporation, for tax exemption of real property located at 2002 Highland Farm Road, N. W., known as Official Tax Map No. 6472303. Christopher P. Morrill, City Manager. Council Member Price advised of a conflict of interest and that she would reframe from participating in any discussions; and read a statement for the record. Adopted Ordinance No. 40191 - 031615. (6 -0, with Council member Price abstaining due to a conflict of interest) 5. Proposal of the City of Roanoke to sell to Black Dog Properties, L.L.C., approximately one -half parcel of real property located at 1231 Midvale Avenue, S. W., designated as Official Tax Map No. 1221301, for business expansion purposes. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40192-031615. (7 -0) E. UNFINISHED BUSINESS: Mayor Bowers relinquished the Chair to Vice -Mayor Trinkle and left the meeting since he had previously disclosed a personal conflict for the record at the February 2 Council meeting with regard to the matter as setforth below: (a) Petition for Appeal filed by Ricky Mitchell appealing a decision of the Architectural Review Board denying his request to amend a previously approved Certificate of Appropriateness to allow for installation of replacement windows at 436 Walnut Avenue, S. W. Ricky Mitchell, Spokesperson. (MATTER WAS TABLED ON MONDAY, FEBRUARY 2, 2015 UNTIL MONDAY, FEBRUARY 17, 2015 AT 7:00 P.M.; AND DUE TO INCLEMENT WEATHER, THE MATTER WAS CONTINUED UNTIL MONDAY, MARCH 16, 2015 AT 7:00 P.M.) The matter was taken off the table for discussion (6 -0, Mayor Bowers was absent.) 16 (b) A report of the Architectural Review Board recommending that City Council affirm its decision to deny the request, which is not consistent with H -2 Guidelines. Derek B. Cundiff, Chairman, Spokesperson. Council voted to affirm the decision of the City of Roanoke Architectural Review Board and to deny the request for a Certificate of Appropriateness to allow the replacement of existing windows at 436 Walnut Avenue, S. W. F. ADJOURNMENT. 9:00 P.M. 17 9.�4°Y 845:44 CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W.,SUITE 452 ROANOKE,VIRGINIA 24011-1594 TELEPHONE: (540)853-2444 FAX: (540)853-1145 DAVID A.BOWERS Mayor March 16, 2015 The Honorable Vice-Mayor David B. Trinkle and Members of the Roanoke City Council . Roanoke, Virginia Dear Vice-Mayor Trinkle and Members of Council: This is to request a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended. A list of current vacancies is included with the agenda for this meeting. Sincerely, David A. Bowers Mayor DAB:smr VACANCY LIST COMMITTEE VACANCIES MARCH 16, 2015 Vacancy created by the expiration of the three-year term of office of Gail Kinzer Lewis as a member of the Fair Housing Board ending March 31, 2015. Vacancy created by the expiration of the four-year term of office of Warner N. Dalhouse as a member of the Architectural Review Board ended October 1, 2014. Unexpired term of office of Steven Trompeter as a member of the Board of Zoning Appeals ending December 31, 2015. Appointment of two At-large Citizens to serve on the Roanoke Cultural Endowment Board of Directors, one of which will serve initially a two year term; and the second of which will serve initially a three year term, with their successors to be appointed for the three year terms. Expiration of the three-year terms of office of Mae G. Huff, Todd A. Putney, and Richard M. Willis, Jr., as Trustees of the Roanoke City School Board ending June 30, 2015. Trustees Huff and Putney are not eligible for reappointments. Deadline for receipt of applications on Monday, March 16, 2015 at 5:00 p.m., in the City Clerk's Office. 1 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 16, 2015 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss or consider the acquisition of real property where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to §2.2-371 1 .A.3, Code of Virginia (1950), as amended. / ristopher P. Morrill City Manager Distribution: Council Appointed Officers ; :1;:1114.,‘ CITY OF ROANOKE • " 1 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: dcrk(r&roanokeva.gov JONATIIAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk March 19, 2015 The Reverend Erin Hensley 1834 Belleville Road, S. W. Roanoke, Virginia 24015 Dear Reverend Hensley: A communication from the City Clerk advising of your resignation as an At-large City representative member of the Blue Ridge Behavioral Healthcare Board of Directors to fill the unexpired term of Max E. Davis ending December 31, 2016, was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, March 16, 2015. On behalf of the Mayor and Members of City Council, I would like to express appreciation to you for your willingness to serve the City of Roanoke as an At-Large City representative of the Blue Ridge Behavioral Healthcare Board of Directors; and do wish you much success in Austin, Texas. Sincerely, Jam, Wad Stephanie M. Moon, MM Q City Clerk pc: Debbie Bonniwell, Executive Director, Blue Ridge Behavioral Healthcare, 301 Elm Avenue, S. W., Roanoke, Virginia 24016 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,M MC E-mail: elerk@roanokova.gov JONATIIAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk March 16, 2015 The Honorable Mayor David A. Bowers and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: This is to advise that a vacancy currently exists on the Blue Ridge Behavioral Healthcare Board of Directors due to the relocation of residence out the City by the Reverend Erin Hensley, who was recently appointed to fill the unexpired term of Max E. Davis ending December 31, 2016. Sincerely, hn. 'Pr vv. Stephanie M. Moon Reynolds, MMC City Clerk CITY OF ROANOKE X44 OFFICE OF THE CITY ATTORNEY -+► " Timothy R. Spencer 464 MUNICIPAL BUILDING } 215 CHURCH AVENUE, SW Steven J. Talevi ROANOKE, VIRGINIA 24011-1595 David L. Collins Heather P. Ferguson Daniel J. Callaghan TELEPHONE 540-853-2431 Laura M. Carini City Attorney FAX 540-853-1221 Assistant City Attorneys EMAIL: ciryatty@roanokeva.gov March 16, 2015 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request to Adopt a ban on Circus performances that include animals Dear Mayor Bowers and Members of Council: BACKGROUND River Laker contacted certain Council Members, the City Manager, and others in City administration and requested that the City consider the adoption of an ordinance that would prohibit circuses that included animal performances from operating within the City. Mr. Laker expressed concerns for the treatment and well-being of the animals. Mr. Laker provided materials and other information supporting his request. Presently, two circus operators offer performances at The Berglund Center. DISCUSSION The City Charter currently authorizes the City to adopt measures regarding animals within the City. See Section 2(16), City Charter (1952), as amended. Based upon this authorization, City Council has adopted several ordinances that address animals within the City. For example, Chapter 6, Code of the City of Roanoke (1979), as amended, establishes several regulations regarding the possession, use, and treatment of animals. In addition, City Code requires operators of circuses to obtain business licenses (Section 19- 11), and collect admission taxes (Section 32-216). Circus performances are also permitted to be held at The Berglund Center(Section 24-26). State Code also imposes certain regulations regarding the use of animals within the Commonwealth. The General Assembly has enacted limited regulations regarding the exhibition of wild animals in Virginia. See Sections 29.1-412 and 29.1-417, Code of Virginia (1950), as amended. A copy of the application form required by the Virginia Department of Game and Inland Fisheries pursuant to these state code provisions is attached. Virginia, as a Dillon's Rule state, limits the authority of localities to adopt ordinances to those areas expressly authorized by the General Assembly, those areas necessarily or fairly implied or inferred from the express authorization, and those areas essential to the declared objects of the locality. A strict application of Dillon's Rule suggests that, in the absence of specific authorization to prohibit circus operations that include animal performances, localities have no authority to act. Arguably, the limited regulations adopted by the General Assembly may not preempt the ability of the City to impose restrictions or prohibit circus performances within the City, several factors warrant a cautious approach. First, no locality within the Commonwealth currently bans circus performances within the locality. Some localities impose restrictions and limitations on the conditions under which such performances can be presented. As an example, Fairfax County and Spotsylvania County prohibit contact between people and exotic animals in exhibitions. Second, a regulation directed at animal performances may produce some unintended ramifications. For example, a prohibition of animal performances may affect dog shows, horse shows, and other animal exhibitions and shows. A ban limited solely to wild and exotic animals might affect zoos and nature preserves as well as circuses. An ordinance limited only to circus performances may be subject to challenges that the ordinance denies operators equal protection of the law. Issues involving the merits and morality of animal performances are continually discussed and debated throughout the United States. Recent media reports note that more local governments are considering actions regarding circuses. More notably, circus operators are reconsidering these business models and, at least one major circus promoter, is taking voluntary actions to alter its use of animals in their performances. RECOMMENDATION City Council take no action to ban circus performances involving wild and exotic animals at this time. The City can, and should, monitor these performances to ensure that all such animals are treated humanely. Citizens who desire to prohibit circus performances that include wild and exotic animals can petition the General Assembly for legislation that would impose such restrictions throughout the Commonwealth. Respectfully submitted, Daniel J. Callaghan City Attorney DJC/lsc Enclosure c: Council Appointed Officers Sherman A. Holland, Commissioner of the Revenue Evelyn Powers, City Treasurer R. Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations VIRGINIA DEPARTMENT OF GAME AND INLAND FISHERIES APPLICATION TO EXHIBIT WILD ANIMALS IN VIRGINIA (Under Authority of§ 29.1-412, § 29.1-417 of the Code of Virginia,4 VAC 15-290-60,4 VAC 15-30-40) PERMIT: (Check One) NEW RENEWAL PREVIOUS VDGIF PERMIT# Mr. Mrs. Ms. Miss. Name of Applicant: Email Address: Address: County Phone# City State Zip Business Name: Address: County Phone# City State Zip TYPE OF OPERATION OR SPONSORSHIP AND NON-REFUNDABLE APPLICATION FEE(Check One): ri Accredited Educational Institution($20) En Political Subdivision ($20) LI Agency of the State ($20) n Public Authority($20) Rehabilitator($20) f) Business/Corporation ($50) [F-1 Falconer($20) Name and location of facility(if different from above) where animal(s) will be held or exhibited: (Temporary Exhibitors MUST list all dates and locations of exhibits to be held in Virginia: additional pages may be added as needed.) County County • Applicants must attach a list of species (include scientific and common names and number of each) that the applicant wishes to be permitted to exhibit to this application. Only animals defined as domestic in Title 29.1 of the Code of Virginia do not need to be listed, all others must be listed. If an exhibitor wishes to add any additional species to their permit during the year, they must notify VDGIF's Permitting Section at (804) 367-9588, and we will consider each animal individually for approval. The Department must also be notified of changes in number of exhibited individuals of a given species. (No additional fee will be charged for any updates.) • The Applicant must be licensed by the U. S. Department of Agriculture under the Federal Animal Welfare Act, if exhibiting warm-blooded mammals. A copy of the license must be included with the application. • To exhibit migratory birds, attach copy of U. S. Fish and Wildlife Service permit and for threatened or endangered species, attach copies of Federal permit(s). 2/27/2014 SAD • Applicants must submit information proving their exhibit to be educational and purposeful in nature, and they must indicate what interpretive information and educational brochures are available. Programs must involve the public. If an exhibit is temporary in nature, the applicant must describe how the animals are to be displayed or caged. Have you been convicted of violating any federal or state wildlife laws or wildlife-related regulations within the past 5 years? Yes No If"yes", year and nature of offense Applicant Signature: Date: By my signature above, I hereby certify that all entries made on this application are true and complete, and I agree and understand that any falsification of information herein, regardless of time of discovery, may result in denial or revocation of my permit. TYPED SIGNATURE IS AUTHORIZED AND BINDING PER CODE OF VIRGINIA§1-13.32 AND §2.1-7.4 Make check for non-refundable application fee payable to: Treasurer of Virginia and return to: Permits Section, VDGIF, P. O. Box 11104, Richmond, Virginia 23230-1104 THIS PERMIT EXPIRES OCTOBER 31" DO NOT WRITE BELOW THIS LINE AGENCY USE ONLY Date: _ / / Payment Type: ❑ VISA ❑ MasterCard ❑ Personal Check ❑ Business Check ❑ Money Order Payment Amount: $ Comments: _ Payment Revd By: 2/27/2019 SAD w w'w'e Virginia Department of Game and Inland Fisheries Credit Card Authorization Form Credit Card Type: ❑ od ❑ maste'° ' Name Shown on Credit Card: Credit Card Number: Expiration Date: / (mm) (yy) I authorized the Virginia Department of Game and Inland Fisheries to charge my credit card for the products/services indicated on the enclosed form,in the amount of$ Signature: Date: 2/27/2014 SAD ATTACHMENT A GENERAL CONDITIONS OF EXHIBITOR PERMIT 1. This permit will be required of any wild animal exhibit (permanent or temporary) serving an educational purpose rather than serving merely as an attraction or amusement, and must be operated or sponsored by one of the following: a. An accredited educational institution. b. A business or corporation providing educational exhibits as part of its operation, and charges a fee for their services. c. An agency of the State. d. A political subdivision of the State. e. A public authority duly created by law, or by a political subdivision of the State. f Rehabilitators g. Falconers Exhibits conducted under the auspices of this permit must be educational and purposeful in nature. 2. Permanent exhibit areas must contain interpretive information designed to inform visitors about the animals on display. 3. Permanent exhibits must be open to the public. A private menagerie is not considered an educational exhibit. 4. Animals must be confined under sanitary and humane conditions with no animal continuously restrained by a chain, rope, or other similar device. 5. All exhibits and facilities must be open to inspection by Department representatives, at all times. 6. Permits to hold, in captivity, species subject to the Endangered Species Act (Code of Virginia, §29.1-564) will be considered only if the applicant is able to show, affirmatively, that the application, and the transportation and possession, of such animals has not been in violation of federal laws, or of laws of this, or any other state. 7. Individuals wanting to display rehabilitated non-releasable wildlife for educational purposes must include a description of the nature of the injury/illness that makes each animal non-releasable. Animals with visible deformities will not be exhibited. 8. Under authority of Sections §29.1 - 103 and §29.1 -521 of the Code of Virginia, it shall be unlawful to take, possess, import, cause to be imported,buy, sell, offer for sale or liberate within the Commonwealth any wild animal unless otherwise specifically permitted by law or regulation. Permittees shall not receive, transfer,move or relocate any member of the Cervidae family into or within Virginia, except when specifically allowed by the Director of the Department of Game and Inland Fisheries under supplemental conditions available from the Department. Any facility possessing cervids under this permit is prohibited from accepting cervids for rehabilitation or for any other purpose unless otherwise provided for by an exception from the Director. 9. Under authority of Section 29.1-545 of the Code of Virginia, it shall be unlawful for any person, firm, association or corporation to possess, sell, offer for sale, or liberate in the Commonwealth any live fur- bearing animal commonly referred to as nutria. 2/27/2014 SAD 10. It shall be unlawful for any person, or persons, to display, exhibit, handle or use any poisonous or dangerous snake or reptile in such a manner as to endanger the life or health of any person under authority of Section 18.2-313 of the Code of Virginia. 11. It shall be unlawful for the owner or keeper of any exotic reptile or type of reptile not native to the Commonwealth of Virginia, including but not limited to the American alligator, to keep the reptile in any manner that will permit its escape or to knowingly permit the reptile to run at large under authority of Section 29.1-569 of the Code of Virginia. 12. All exhibitors operating temporary exhibits must submit information on how their animals are displayed or caged at an event. All animals must be exhibited in a manner determined by the Department to prevent the opportunity for animal or public injuries. 13. Individuals operating a temporary exhibit must additionally include an outline of the educational program (include a brochure, if applicable). 14. Temporary exhibitors that have not notified the Department of all permit year exhibition dates and locations on the application, must notify the Permit Section of the Department of any additional events at least seven days prior to the event. 15. During the year, if an exhibitor wishes to add any additional animals to the list of species shown on their permit, they must notify the Department's Permitting Section at (804) 367-9588, and we will consider each animal individually for approval. (No additional fee will be charged.) 16. An annual report containing the disposition of the animals, the number of exhibits or programs held during the year, and the approximate number of people reached will be submitted to the Department by November 1st each year. Failure to submit the Annual Report will preclude the Department from renewing the permit. 17. This permit does not absolve the permittee of any responsibilities or conditions of any other federal, state, or local laws and regulations, including those that apply to threatened/endangered species. 18. The permittee(s) shall maintain adequate liability insurance to cover all damages, losses, or claims arising from the possession, exhibition, or escapement in the Commonwealth of Virginia of the species authorized by this permit. The permittee(s)hereby agrees to indemnify and hold harmless the Commonwealth of Virginia and the Department of Game and Inland Fisheries for all damages, losses, or claims arising out of the possession, exhibition, or escapement in the Commonwealth of Virginia of the species authorized by this permit. The permittee(s) shall cooperate with the Commonwealth and the Department in defense of any claim hereunder, and permittee(s) shall pay all consequential and incidental expenses of the Commonwealth and the Department, including but not limited to reasonable attorney fees. 19. Should the permitted species escape, the permittee(s)must immediately notify the Department and is responsible for all expenses incurred for their recovery. Members of the Cervidae family which escape from confinement may be destroyed by the VDGIF without indemnity, after the VDGIF contacts the owner. In any case, escaped free-ranging Cervids will be destroyed after a period of 30-days following escape. 20. In the event of the escape of any permitted species this permit may be revoked without further action by the Department. Such revocation on this basis shall not relieve the permittee(s) of any other responsibility 2/27/2014 SAD and/or liability required herein. 21. The permittee shall notify the Department of all deaths to members of the Cervidae family(except deer less than 6 months of age) within 48 hours. Carcasses (except those deer less than 6 months of age)must be transported by the permittee to a Virginia Department of Agriculture and Consumer Services veterinary diagostic laboratory, or the head and neck of the carcass must be given to designated Department personnel, within 48 hours for disease testing. 22. The permittee shall immediately notify the Department if any member of the Cervidae family demonstrates some combination of clinical neurological signs consistent with Chronic Wasting Disease (e.g., abnormal behavior, increased salivation, tremors, stumbling, lack of coordination, difficulty swallowing, excessive thirst, excessive urination). The permittee is encouraged to euthanize and submit such an animal for disease testing. The Department's wildlife veterinarian will consult with the permittee's veterinarian regarding appropriate actions to be taken. 23. The permittee must immediately notify the Department if wild deer enter any enclosures holding cervids. If the wild deer cannot be freed within 24 hours, the Department will assist in its removal. 24. All Cervids will be individually identified with ear tags provided by the VDGIF. Exhibitors will be required to comply with Cervid marking requirements within 90 days of receipt of ear tags. Cervid young must be identified as prescribed above within 7 days following birth. Permittees requiring ear tags for deer born on site must request additional tags from the Department. 25. Records on the inventory of all Cervid stock must be maintained on forms provided by the Department and such records shall be retained for at least two years. Records will be open to inspection by authorized department personnel at any reasonable time. 26. A separate Virginia Endangered and Threatened Species Permit is not required if you have a valid permit to exhibit the species in Virginia. 27. A Permit To Exhibit Wild Animals In Virginia is not required for an authorized falconer or raptor propagator to exhibit a bird held under his/her valid falconry or raptor propagation permit(s) for noncommercial, conservation education purposes, except eagles. 28. Regulation 4 VAC 15-30-7 states that provided that the issuance of a permit renewal has been delayed past the expiration date of the permittee's previous permit at no fault of the applicant, the permittee may continue the specific activities authorized by the expired permit until the Department has acted on such person's application for renewal. To qualify for this allowance, applicants must submit a completed renewal application to the Department at least 30 days prior to the expiration date of the permit. The Department may deny renewal of a permit to any applicant who fails to meet the issuance criteria set forth by the Department. Renewal applications will be mailed approximately two months in advance of the permit's expiration date. Compliance/Violation/Revocation Regulation 4 VAC 15-290-130 states that a permit holder shall comply with all terms and conditions of any permit issued by the Department of Game and Inland Fisheries pursuant to Title 29.1 of the Code of Virginia and the regulations of the board pertaining to hunting, fishing, trapping, attempting to take, possession, sale, offering for sale, transporting or causing to be transported, importing or exporting, propagating, exhibiting, and 2/27/2014 SAD • rehabilitating of any wild bird, wild animal or fish. The penalty for violation of this section is a Class 3 misdemeanor unless another penalty is specified. Further, any violation of state or federal wildlife laws related to the permitted activities by the permittee, his/her agents or employees, or guests will constitute a violation of the conditions of the permit. As provided by 4 VAC 15-30-5, failure to comply with the provisions of a permit may result in the revocation or suspension of the permit for a period up to but not to exceed five (5) years. Any person whose permit is revoked, or suspended may appeal that decision in writing, to the Director, Department of Game and Inland Fisheries, 4010 W. Broad Street, Richmond, VA 23230. SUPPLEMENTAL EXHIBITOR PERMIT CONDITIONS FOR DANGEROUS REPTILES AND AMPHIBIANS Caging requirements and safety measures: 1. A safety barrier(perimeter fence, secondary fence) shall be present to adequately prevent wildlife from touching, grasping, or biting visitors. These barriers shall be present to prevent the public from approaching the cages,pens, enclosures or areas near enough to contact the cage that the wildlife is in. Under no circumstances should the public ever be allowed to come inside this safety barrier. A minimum of 4' feet from the cage holding the animal to the safety barrier shall be maintained at all times. 2. All cages and enclosures shall be secured at all times in such a manner as to prevent animals from escaping or the public from entering. The public may at no time come into contact with the animals. 3. Animals on display shall be contained within an escape-proof area or enclosure at all times when not under the immediate control or direct supervision of the handler. 4. All cage entrances must remain locked at all times when unattended with chains and locks of sufficient strength to prevent entrance to the facility by unauthorized individuals and to prevent the animal from breaking open the door if highly excited. 2/27/2014 SAD =arfor ;' 4 il."8;.;„. 4:414 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: cicrk(droanokeva.gov JONATIIAN L.CRAMP,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk March 19, 2015 Debbie Bonniwell, Executive Director Blue Ridge Behavioral Healthcare 301 Elm Avenue, S. W. Roanoke, Virginia 24016-4001 Dear Ms. Bonniwell: Your communication recommending concurrence in the appointment of Gregory Hamilton as an at-large member of the Blue Ridge Behavioral Healthcare Board of Directors, to fill the unexpired term of Daniel E. Karnes, commencing February 12, 2015 and ending December 31, 2015, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, March 16, 2015. Council concurred in the ratification of the appointment of Mr. Hamilton, as an at-large member of the Blue Ridge Behavioral Healthcare Board of Directors, to fill the unexpired term of Daniel E. Karnes ending December 31, 2015. Sincerely, kfrian:11-) Pli heThfriN• Rfcriga--) Stephanie M. Moon, MMC City Clerk pc: Krystal M. Coleman, Deputy Clerk of Council, City of Salem, P. 0. Box 869, Salem, Virginia 24153 Deborah C. Jacks, Deputy Clerk, Roanoke County Board of Supervisors, P. 0. Box 29800, Roanoke, Virginia 24018 Susan Johnson, Clerk, Town of Vinton, 311 S. Pollard Street, Vinton, Virginia 24179 Kathleen D. Guzi, County Administrator, Botetourt County, 1 West Main Street, Box 1 , Fincastle, Virginia 24090 B. Clay Goodman, Ill, County Administrator, Craig County, P. 0. Box 308, New Castle, Virginia 24127 Donna Henderson Chair Blue Ridge = Ptla Prrine yeas rer Paula Prince Treasurer Behavioral Linda Manns Secretary Executive Director Healthcare Debbie Bonniwell February 24, 2015 Mr. Christopher P. Morrill City Manager City of Roanoke 215 Church Ave, SW, Room 364 Roanoke, VA 24011 Dear Mr. Morrill: The Blue Ridge Behavioral Healthcare Board of Directors nominated Mr. Gregory Hamilton as an at-large board member at the February 12, 2015 board meeting. Mr. Hamilton has taken the vacant at-large board appointment that was previously held by Mr. Dan Karnes. This Board nominates our at-large board representatives, and asks the participating governing bodies to approve those appointments. At our February 12, 2015 Board meeting, the Board unanimously endorsed Mr. Hamilton to serve as an at-large member for which he is eligible according to Title 37.2 - 502 of the Code of Virginia. We respectfully request that the Roanoke City Council approve the appointment of Mr. Hamilton for his first term, from February 12, 2015 through December 31, 2015. This request is being sent concurrently to administrators in each of our other four local governing bodies for their approval of at-large members as called for in our By-laws. If I can be of assistance in this process or if you have any questions that I may be helpful with, please do not hesitate to contact me at 540-345-9841 at your convenience. Sincerely, a aL 719-1a Debbie Bonniwell, MBA, MSSW, LCSW Executive Director C: The Honorable David A. Bowers, Mayor Ms. Donna Henderson, Chair, Blue Ridge Behavioral Healthcare Board of Directors Mr. Gregory Hamilton Ms. Stephanie M. Moon, MMC, City Clerk Executive Offices 301 Elm Avenue SW Roanoke,Virginia 24016-4001 (540)345-9841 Fax(540) 345-6891 The Community Services Board serving the Cities of Roanoke and Salem,and the Counties of Botetourt,Craig and Roanoke 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 SI FPIIANIE.M.MOON REYNOLDS,MMC E-mail: elerk(n�roanokeva.gov JONA'FIIAN E.('RAFT,('M(' ('ity Clerk Deputy City Clerk CECELIA 1.WEBB,CMC Assistant City Clerk March 20, 2015 Tina M. Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: This is to advise you that Karri B. Atwood has qualified as a member of the City Planning Commission to fill the unexpired term of Mark Futrell ending December 31, 2016. Sincerely, Ym. Stephanie M. Moon Rey s, M City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Karri B. Atwood, 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 member of the City Planning Commission to fill the unexpired term of Mark Futrell ending December 31, 2016, according to the best of my ability. So elp me God. I I l 'ARrI B. • TWOOD The foregoing oath of office was taken, sworn to, and subscribed before me by Karri B. Atwood this 5_1_1\- day of /i/p/(',� 2015. Bre, . : S. Hami n Clerk of the Circuit Court I // /r _ , /..ii k i / ,`G#er�c / I / rem 114.... 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 @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant City Clerk March 20, 2015 Candace R. Martin, Secretary Architectural Review Board Roanoke, Virginia Dear Ms. Martin: This is to advise you that Christopher M. Vail has qualified as a member of the Architectural Review Board for a term ending October 1, 2018. Sincerely, tY) '1/444 Stephanie M. Moon Reynolds, M City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Christopher M. Vail, 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 to replace Barbara Botkin as a member of the Architectural Review Board ending October 1, 2018, according to the best of my ability. So help me God. ,A,��� ,1/ 4,7 . sib CHRISTOPF ER M. VAIL The foregoing oath of office wa,� taken, sworn to, and subscribed before me by Christopher M. Vail this�U/e day ofil2015. Brenda S. Hamilton, Clerk s he Circuit Court B J .7/ t Ale 1 , Clerk /,,..�ilt,,. CITY OF ROANOKE " CITY COUNCIL .-,lam+ r- 215 Church Avenue, S.W. \ ir, 4� Noel C.Taylor Municipal Building, Suite 456 3 N J ,,l,,l/ Roanoke,Virginia 24017-1536 ° 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 G. Rosen David B.Trinkle March 16, 2015 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 salaries of the Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, SaAstimites". AL Sherman P. Lea, Chair City Council Personnel Committee SPL:smr 2015 LEGISLATIVE SESSION FINAL REPORT CITY OF ROANOKE • • ,.,/! ,L14�' ® ' k� �� 4n ito 41 I f" M / t � t3 '- + , , . r , • r 5t ?ye ri s A }jJ : Is• / t• I In ail ROANOKE Roanoke Legislative Priorities • City Charter legislation passed (Senators Edwards and Stanley and Delegate Head) • Qualified immunity for blood samples passed (Senator Edwards) • Line of Duty Act legislation requires VRS and DHRM to review JLARC recommendations and return a report by October 1, 2015 to the General Assembly on how to modernize and pay for the Line of Duty Act benefits • The Historic Rehabilitation Tax Credit was saved for FUTURE another year; however, the bill sponsor (Hugo) intends to r � review all tax credits for the purpose of tax reform c CORRIDOR • I-73 Transportation Compact created (Stanley) • No legislation was passed that would harm passenger rail service returning to Roanoke • Transit capital funding to increase by $40 Million per year (HB 1887, Jones) i ; ROANOKE Roanoke Legislative Priorities, cont. • We were able to secure a guarantee from the Department of Social Services that Sabrina's Place will be able to compete for anti-domestic violence grants (Rasoul) • Legislation to allow localities ban plastic bags because they are a public nuisance passed the Senate 20-16, but was tabled ; -. , awn in the House Commerce and Labor Committee (McWaters) .. • Legislation that would repeal the requirement that City k __ _ _.4Y- . procurements must be published in the newspaper and instead require that procurements be published on Virginia's "eva.virginia.gov" Internet procurement portal was again defeated (Head) • A new Juvenile and Domestic Relations Court judgeship was funded in the Roanoke Circuit aallIf ROANOKF Public Education • Legislation passed the House and was again defeated in the Senate Commerce and Labor Committee that would allow School Boards to set a start date prior to Labor Day • Funding for K-12 was largely held harmless • No effort was undertaken to create an Urban Schools Task Force to review the challenges, identify best practices and make recommendations for how to improve public education in Virginia's urban school districts; Sen. Edwards pointed out that this can be done via a Governor's Executive Order or by a decision by the Secretary of Education to create one Li Ii OA N OK IT • Transportation Funding • The General Assembly passed a completely new transportation funding policy (HB 1887, Jones) • Among other provisions, the legislation: • establishes the high-priority projects program and the highway construction district grant program • this legislation replaces the $500 million annual allocation made by the CTB and the 40-30-30 allocation formula to the primary, secondary, and urban highways with a new allocation of funds • Beginning July 1, 2020 after funds are set aside for maintenance of highways, the remaining funds are allocated in this manner: • 45% to state of good repair purposes (def: improvement of deficient pavement conditions and improvement of structurally deficient bridges) • 27.5% to the high priority projects program (def: projects of regional or statewide significance, such as projects that reduce congestion or increase safety, accessibility, environmental quality, or economic development) • 27.5% for the highway construction district grant program • The CTB will solicit projects and strategies from local governments for consideration in the applicable highway construction district's grant program • Projects and strategies will be screened, evaluated, and selected by the CTB according to the process established pursuant to subsection B of § 33.2-214.1 (HB 2) but shall be within a highway construction district and not outside such highway construction district • Projects and strategies from localities within a highway construction district shall be scored against projects and strategies within the same highway construction district • Only those candidate projects and strategies submitted by a locality shall be funded ROANOKE State Budget Update, key items • $30 Million reversion for aid to localities was eliminated saving Roanoke about $650,000 • Provides 2% pay increase for state supported local employees • Budget funds state's share for a 1.5% pay increase for teachers and gives localities flexibility on when and how to fund their share of the pay raise • Funds 4th Quarter per diems for state responsible prisoners in regional jails • HB 599 (police department) funding restored to 2014 levels • State reimbursement for regional jail construction, expansion or renovation was reduced from 50% to 25% • State funded $187 Million VRS payment to get VRS funded status to 90% • Virginia Housing Trust Fund receives $4 Million each budget year for affordable rental housing loans and grants • Funds $5 Million in FY 16 for 50% matching grants to localities to reduce stormwater runoff pollution • Directs DRPT to study the ability of private operators (including TNCs such as Uber and Lyft) to provide paratransit services ROANOKE Ethics Bill (Conflict of Interest Act) • It is highly likely that Governor McAuliffe will offer amendments to the General Assembly passed bill (HB 2070 Gilbert, SB 1424 Norment) • The bill includes: • $100 cap on gifts — tangible and intangible — from lobbyists, companies or organizations that employee lobbyists or a business that does - or attempts to do - business with the state or a locality • The gift reporting threshold remains at $50 • Effective date is January 1, 2016 • Exceptions to the gift cap: • Widely attended events (25 or more attendees, open to the public) • Gifts from personal friends, spouse (legislation creates a friend test) • Travel paid for by third parties (must first be approved by the Virginia Conflict of Interest and Ethics Advisory Counsel) • Other provisions impacting local government officials: • Official travel paid for by a locality is not a gift, it's official business • Out-of-State travel paid for by a locality must be reported • Local officials will file their forms locally, not with the Ethics Advisory Council 'agar- ROANOKE Public Safety vs. Privacy Issue • HB 1673 (Anderson) and SB 965 (Peterson) restrict the use of technology to collect and maintain information outside of an investigation; the legislation: • Provides that unless a criminal or administrative warrant has been issued, law- enforcement and regulatory agencies shall not use surveillance technology to collect or maintain personal information where such data is of unknown relevance and is not intended for prompt evaluation and potential use respecting suspected criminal activity or terrorism by any individual or organization • authorizes law-enforcement agencies to collect information from license plate readers, provided such information is held for no more than seven days and is not subject to any outside inquiries or internal usage, except in the investigation of a crime or missing persons report; after seven days such collected information must be purged from the system unless it is being utilized in an ongoing investigation • adds to the definition of "personal information" vehicle license plate numbers and information that affords a basis for inferring an individual's presence at any place ROANOKE Veto Session and Questions • The General Assembly will reconvene on April 15, 2015 to address Governor McAuliffe's vetoes and amendments to the State Budget and all legislation. • Questions about the Legislative Session or Other Issues? ROANOKE: alor am CITY OF ROANOKE ..Ir !; OFFICE OF THE CITY CLERK 215 Church Avenue, S. W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (5411)853-2541 Fax: (540)853-1145 til'D:1'l1ANIF.M.MOON REYNOLDS,MMC Emil: elcrk(o roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk ('ECFLIA T.WEI3n,CMC Assistant Deputy City Clerk March 19, 2015 Jane R. Conlin, Director Human/Social Services Roanoke, Virginia Dear Ms. Conlin: I am attaching copy of Resolution No. 40176-031615 authorizing acceptance of a grant by the U. S. Department of Housing and Urban Development to the City of Roanoke Homeless Assistance Team, in the amount of $140,422.00, with a local cash match of $45,320.00, from the City, for a total program budget of $185,742.00, for a one-year period beginning February 1, 2015; and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015. 1Sincerely, -Y ^y,- Stephanie M. Moon Reynolds, MC City Clerk pc: R. Brian Townsend, Assistant City Manager for Community Development Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget �7 t-% ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 2015. No. 40176-031615. A RESOLUTION authorizing acceptance of a grant by the U. S. Department of Housing and Urban Development to the City of Roanoke Homeless Assistance Team, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The supportive services grant from the U.S. Department of Housing and Urban Development to the City of Roanoke Homeless Assistance Team in the amount of$140,422,with a local cash match of$45,320 from the City, for a total program budget of$185,742, for a one year period beginning February 1,2015,as more particularly set forth in the City Council Agenda Report dated March 16, 2015, is hereby ACCEPTED. 2. The City Manager is hereby authorized to execute and file,on behalf of the City,the grant agreement and all necessary documents required to accept such grant. All documents shall be upon 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 accepts ace of this grant. ATTEST: �,,�'p • e Orr�1wr City Clerk. R-roanoke hat grant.3-16-2015 ti!,;4. CITY OF ROANOKE dalr 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: elerWroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy, City Clerk CECE.LIA T.WEBB,CMC Assistant Deputy City Clerk March 19, 2015 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: I am attaching copy of Budget Ordinance No. 40177-031615 appropriating funding from the United States Department of Housing and Urban Development for the Homeless Assistance Team Grant; and amending and reordaining certain sections of the 2014- 2015 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015, and is in full force and effect upon its passage. Sincerely, `)11 (� Stephanie M. Moon Re olds M C P , City Clerk pc: R. Brian Townsend, Assistant City Manager for Community Development Jane Conlin, Director, Human/Social Services Amelia C. Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 2015. No. 40177-031615. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Homeless Assistance Team 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 Regular Employee Salary 35-630-5359-1002 $ 95,323 Temporary Employee Wages 35-630-5359-1004 13,725 City Retirement 35-630-5359-1105 19,737 Health Savings 35-630-5359-1117 953 FICA 35-630-5359-1120 8,415 Medical Insurance 35-630-5359-1125 17,244 Dental Insurance 35-630-5359-1126 1,046 Life Insurance 35-630-5359-1130 1 ,146 Disability Insurance 35-630-5359-1131 323 Telephone 35-630-5359-2020 1,750 Telephone-Cellular 35-630-5359-2021 1,000 Administrative Supplies 35-630-5359-2030 1,750 Expendable Equipment <$5000 35-630-5359-2035 500 Motor Fuel Billed Through Fleet 35-630-5359-2039 2,500 Program Activities 35-630-5359-2066 19,030 Postage 35-630-5359-2160 300 Fleet Management Vehicle Repair 35-630-5359-7026 1,000 Revenues Homeless Assistance Team FY15 35-630-5359-5359 140,422 Homeless Assistance Team FY15 - Local 35-630-5359-5360 45,320 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 4:itiaLtdrn nity■ 9fir-av City Clerk. -- � CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 16, 2015 Subject: Roanoke Homeless Assistance Team (HAT) Grant Renewal Background: The Blue Ridge Continuum of Care (CoC) continues to take practical steps that would have an immediate impact on the lives of the homeless in our community. The Advisory Council on Homelessness and the CoC constantly look for funding sources to address the needs of these individuals and families. The street outreach program goals are to assist homeless persons in their transition from streets and emergency shelters to transitional and permanent housing. HAT staff maintain office hours from 8:00 a.m. until noon after which time street outreach is conducted in shelters and other places not designed for human habitation. Through contacts and engagements, staff provide limited case management services including agency referrals, security deposits, food, transportation, and prescription assistance. Last year, the program assisted 1 ,881 clients. Based on Roanoke's 2014 Continuum of Care application, the Roanoke HAT was awarded a supportive services only grant from the U. S. Department of Housing and Urban Development (HUD) totaling $140,422 for a one year period beginning February 1 , 2015. A local cash match of $45,320 is required for a total program budget of $185,742. Recommended Action: Accept the HUD grant award described above and authorize the City Manager to take such actions and execute such documents as may be necessary to obtain, accept, implement, administer, and use such grant funds, including execution of any required grant agreement, such documents to be in a form approved by the City Attorney. Adopt the accompanying budget ordinance to establish revenue estimates in the amount of $140,422 for Federal grant funds and $45,320 for local match funds. Transfer funding in the amount of $45,320 from the Transfer to Grant Fund (01 -250- 9310-9535), and appropriate funding in the amount of $185,742 to accounts to be established in the Grant Fund (as outlined in Attachment A) by the Director of Finance. (31/bt_ 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 Attachment "A" 201 5 Homeless Assistance Team (HAT) Budget Regular Employee Salary 95,323 Temporary Employee Wages 13,725 City Retirement 1 9,737 Health Savings 953 FICA 8,415 Medical Insurance 1 7,244 Dental Insurance 1 ,046 Life Insurance 1 ,146 Disability Insurance 323 Telephone 1 ,750 Telephone-Cellular 1 ,000 Administrative Supplies 1 ,750 Expendable Equipment <$5000 500 Motor Fuel Billed Through Fleet 2,500 Program Activities 1 9,030 Postage 300 Fleet Mgt Vehicle Repair 1 ,000 Total 185,742 �1 ; ;r 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 51'I?PIIANIE M.MOON REYNOLDS,MMC E-mail: clerk(droanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk March 25, 2015 Daniel Bliley, Director of Marketing Member One Federal Credit Union P.O. Box 14166 Roanoke, Virginia 24038 Dear Mr. Bliley: I am enclosing copy of Resolution 40178-031615 accepting the donation from Member One Credit Union of $20,000.00 to the City as part of the Beautify Roanoke Interchanges Through Enhancement (BRITE) Program to assist with the maintenance of the landscaping in the southeast quadrant of the interchange of 1-581 and Williamson Road; authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use and administer such donation. On behalf of Roanoke City Council and the citizens of the City of Roanoke, I wish to express the City's appreciation for your generous donation as part of the BRITE program to assist the City with the maintenance of the landscaping as described above. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015. Sincerely, U ' t , t Stephanie M. Moon Reynolds, MMC City Clerk Enclosure Daniel Bliley March 25, 2015 Page 2 pc: Sherman M. Stovall, Assistant City Manager for Operations Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget Nell Boyle, Sustainability Outreach Coordinator IN THE COUNCIL OF THE CITY OP ROANOKE, VIRGINIA The 16th day of March, 2015. No. 40178-031615. A RESOLUTION accepting a donation of funds from Member One Credit Union to the City as part of the Beautify Roanoke Interchanges Through Enhancement (BRITE) Program to assist with the maintenance of the landscaping in the southeast quadrant of the interchange of I- 581 and Williamson Road; authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such donation; and expressing the City's appreciation for such donation. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the donation from Member One Credit Union of$20,000 to the City, as more particularly set forth in City Manager's Agenda Report dated March 16, 2015, to this Council. 2. The City Manager is father authorized to execute any necessary documents, as approved as to form by the City Attorney, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such donation. 3. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to Member One Credit Union for its generous donation as part of the BRITE program to assist the City with the maintenance of the landscaping as described above. 4. The City Clerk is directed to transmit a copy of this Resolution to Member One Credit Union expressing the City's appreciation for its donation. ATTEST: 4. t f) City Clerk: Donation-BRITE Program Member One Credit Union.doc � trig, ' CITY OF ROANOKE ' OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 ro „yr Roanoke,Virginia 24011-1536 Telephone: (5411)8S3-2541 Fax: (5411)853-1145 S I EPIIANIIi M.MOON REYNOLDS,MMC E-mail: clerka,roanokeva'gov JONATHAN F.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk March 19, 2015 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: I am attaching copy of Budget Ordinance No. 40179-031615 appropriating funding from Member One Federal Credit Union to the BRITE 581/Williamson Road Landscaping project; and amending and reordaining certain sections of the 2014-2015 Capital Projects Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015, and is in full force and effect upon its passage. Sincerely, rn , Stephanie M. M on Rey Ids, C City Clerk pc: Sherman M. Stovall, Assistant City Manager for Operations Nell Boyle, Sustainability Outreach Coordinator Amelia C. Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of. March, 2015. No. 40179-031615. AN ORDINANCE to appropriate funding from Member One Federal Credit Union to the BRITE 581/Williamson Road Landscape project, amending and reordaining certain sections of the 2014-2015 Capital Projects 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 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Third Party 08-530-9583-9004 $ 20,000 Revenues BRITE 581/Williamson — Member One 08-530-9583-9583 20,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City. Cler . I CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 16, 2015 Subject: BRITE ("Beautify Roanoke Interchanges Through Enhancement") Sponsorship funding from Member One Federal Credit Union Background: The Virginia Department of Transportation (VDOT) established comprehensive roadside management regulations in 2005 that allow local governments, communities, businesses, and individuals to participate in the improvement and management of state-maintained roadsides. Modeled after VDOT's program, the City of Roanoke initiated its BRITE Program to encourage participation by area businesses and organizations. The BRITE program focuses on the I-581 /Route 220 corridor and other high-profile locations. The program is jointly administered by Economic Development and the Transportation Division of Public Works. BRITE participants to date include: - Lamar Advertising (1-581 /Orange Avenue interchange) - Oakey's Funeral Home (Hershberger Road/Valley View Boulevard interchange) - Hometown Bank (U.S. Route 220/Franklin Road interchange) - Branch Management/Piggly Wiggly (Riverland Road Roundabout) Considerations: Recently, Member One Federal Credit Union approached the City to express interest in enhancing the southeast quadrant of the Route I-581/Williamson Road interchange. In addition to the landscaping, Member One is specifically interested in adding an educational component regarding the environmental impact of stormwater run-off. Therefore, the Stormwater Division joined the project to facilitate adding a raingarden demonstration project to both mitigate run-off and improve water quality. Member One and the City of Roanoke will use this project to educate the community on the benefits of mitigation strategies, such as rain gardens, to improve drainage and water quality. Member One's donation of $20,000 will be used for both the landscaping and the raingarden at this location and further enhance this gateway into the City. This donation must be accepted by Council and appropriated into a project account for expenditure. Further, since the interchange of Route 1-581 and Williamson Road is within VDOT right of way, an appropriate agreement will need to be executed between the City and VDOT to permit this enhancement. Recommended Action: Accept the donation from Member One Federal Credit Union and authorize the City Manager to execute such documents as may be necessary to complete this process, 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 $20,000, and appropriate the same amount into a project account to be established by the Director of Finance. act/_ZZ/__ Christopher P. Morrill City Manager Distribution: Council Appointed Officers 2 't40F itO.q,�, vti t-'L. t\ CITY OF ROANOKE ", , • - OFFICE OF THE CITY CLERK t 215 Church Avenue,S. W.,Suite 456 p�,� J Roanoke,Virginia 2401 1-1 53 6 `..•sauna-/ Telephone: (540)853-2541 `"'--**.•.^«...•'^^''"" Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk(a?roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk March 19, 2015 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40180-031615 amending Chapter 6, Animals and Fowl, changing the term animal control officer to animal warden throughout and establishing that animal control warden shall mean animal control officer as defined in Virginia Code Section 3.2-6500, as amended; Section 6-2, Designation and general duties of animal wardens, Article I, In General, Chapter 6, Animals and Fowl; Section 6- 27(b), Limitations on keeping, Division 1, Generally, Article II, Dogs, Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, effective March 16, 2015. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure Municipal Code Corporation March 20, 2015 Page 2 pc: The Honorable Brenda S. Hamilton, Clerk, Circuit Court Rick Kahl, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Stephen D. Poff, Chief Magistrate, Twenty-third Judicial District Joey Klein, Law Librarian Daniel J. Callaghan, City Attorney R. Brian Townsend, Assistant City Manager for Community Development Christopher Perkins, Chief of Police IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 2015. No. 40180-031615. AN ORDINANCE amending and rcordaining Chapter 6, Animals and Fowl, changing the term animal control officer to animal warden throughout and establishing that animal control warden shall mean animal control officer as defined in Virginia Code §3.2-6500, as amended; Section 6-2, Designation and general duties of animal wardens, Article I, In General, Chapter 6, Animals and Fowl; Section 6-27(b), Limitations on keeping, Division I, Generally, Article II, Dogs Generally, Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 6, Animals and Fowl, establishing the uniform term of animal warden as the title for the City's animal control officers throughout this chapter, and recognizing that the City Manager shall designate certain employees as animal wardens with the power to enforce all ordinances enacted under this chapter and all laws for the protection of domestic animals is hereby amended and reordained to read and provide as follows: Chapter 6, Animals and Fowl Article I, In General Sec. 6-2. -Designation and general duties of animal wardens. The city manager shall designate certain employeestttemher-s of the police departmentforee to be known as animal wardens of the city, whose special duty it shall be to enforce the provisions of this chapter and all laws for the protection of domestic animals.t e-be-in-c-harge of e- tion-ef the—ity pound.- The term animal warden shall have the same meaning and authority as an animal control officer as defined in Virginia Code §3.2- 6500, as amended. * * * Sec. 6-6. - Livestock running at large. No person shall permit his livestock to run at large. Any livestock found running at large may be impounded by law enforcement authorities or animal wardenseentrol-offteers until the owner has been ascertained and given an opportunity to take possession of such livestock. The costs to the city of impounding and keeping such livestock shall be paid by the owners thereof and shall be in addition to any other penalties imposed for a violation of this section. * * * Article II, Dogs Generally Division 1, Generally * * * Sec. 6-22. - Definitions. Vicious dog. A canine or canine crossbreed that has (1) killed a person; (2) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (3) continued to exhibit the behavior that resulted in a previous finding by a court, or on or before July 1, 2006, by an animal wardencontrol officer, in accordance with this article that the animal is a dangerous dog, provided that its owner has been given notice of that finding. * * * Sec. 6-25. - Bitches in heat. It shall be unlawful for any owner to allow, cause or permit any bitch in heat to be off the premises of such owner or to remain on such premises to the annoyance of any other person or to the neighborhood. It shall be the duty of the animal wardenseentral—effwers to take into custody and 2 confine in the city pound any such hitch found off the premises of its owner and, also, any such bitch kept on the premises of an owner who, after twenty-four (24) hours' notice from an animal wardeneentrel-offeer, has failed to effectively confine such bitch in a manner not to cause further annoyance to any person or to the neighborhood. Sec. 6-26. - Barking or howling dogs. The harboring or keeping of any dog, which by loud, frequent or habitual barking or howling or by other conduct likely to cause annoyance and disturb the peace and quiet of any person or neighborhood, which loud, frequent or habitual barking or howling or other conduct is heard or observed by any animal wardeneentrel—officer, other officer or other person, shall be unlawful, and any such dog is hereby declared to he a public nuisance. Any such dog may, after reasonable notice has been given by an animal wardeneentrol officer to the owner of such dog, if known, or upon complaint of any person, if such owner is unknown, be impounded and confined in the city dog pound by an animal wardeneentrol officer or any police officer. * * * Article II, Dogs Generally Division 3, Dangerous and Vicious Dogs Sec. 6-50. - Dangerous dog(s). Any animal wardeneentrel-offcer or law-enforcement officer who has reason to believe that a canine or canine crossbreed is a dangerous dog, as defined in this chapter, shall apply to a magistrate of the city for the issuance of a summons requiring the owner or custodian, if known, to appear before the general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. In the event that a law-enforcement officer successfully makes an application for the issuance of a summons, that law-enforcement officer shall contact the local animal wardeneontrol-effieer and inform the animal wardencontrol officer of the location of the dog and the relevant facts pertaining to the law-enforcement officer's belief that the dog is dangerous. The animal wardeneentn eer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal wardencontrol er determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the 3 animal to produce the animal. It', after hearing the evidence, the court finds that the animal is a dangerous clog, the animal's owner shall comply with the provisions of this division, and the animal wardeneenttel-e€fieer or the owner if directed by the animal wardeneontfei-offteer, shall confine the clog until such time as (a) the owner complies with the conditions of this chapter or (b) the court determines that the dog is not a dangerous dog. The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in Article 4, Chapter 15 of Title 19.2 of the Code of Virginia. The city shall be required to prove its case beyond a reasonable doubt. See. 6-50.1. - Vicious dogs. Any animal wardeneentrel-efficef or law-enforcement officer who has reason to believe that a canine or canine crossbreed is a vicious dog, as defined in this chapter, shall apply to a magistrate of the city for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. In the event that a law-enforcement officer successfully makes an application for the issuance of a summons, that law-enforcement officer shall contact the local animal wardeneentfel officer and inform the animal wardeneenftel-effieer of the location of the dog and the relevant facts pertaining to the law-enforcement officer's belief that the dog is vicious. The animal wardeneoalreTeffeer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal wardeneentrel-ef leer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of Code of Virginia, § 3.1-796.119. The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in Article 4, Chapter 15 of Title 19.2 of the Code of Virginia. The city shall be required to prove its case beyond a reasonable doubt. Sec. 6-51. - Registration of dangerous dog. (a) The owner of any animal found to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog registration certificate from the treasurer for a fee of fifty dollars ($50.00) in addition to other fees that may be authorized by law. The treasurer shall also provide the owner with a uniformly designed tag which identifies the 4 animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this paragraph shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained. The animal wardencontrol officer shall provide a copy of the dangerous dog registration certificate and verification of compliance to the state veterinarian. * * * Article III, Rabies Control * * * Sec. 6-62. - Vaccination of dogs and cats. * * * (d) It shall be the duty of the treasurer to examine, under oath, all applicants for dog licenses who decline to exhibit the above-mentioned certificate or other evidence, for the purpose of determining if the applicant's dog has been vaccinated. If the treasurer is satisfied, from such interrogation, that such dog is kept in the city and has not been vaccinated, he shall promptly notify an animal wardencontrol-of cer of such fact, supplying such animal ward.eneontrsl-ef€re-er with a brief description of the dog and the applicant's address. * * * Article IV, Equine Animals Sec. 6-82. - Fencing; roaming at large. All equine animals shall be kept within securely fenced, walled or otherwise enclosed areas. Any such animal found roaming at large may be impounded by law-enforcement authorities or animal wardens control ef€teers until the owner has been ascertained and given an opportunity to take possession of the animal. The cost to the city of impounding and keeping such animal shall be paid by the owner and shall be in addition to any penalties imposed for a violation of this section. 5 * * * Article VII, Cols * * Sec. 6-117. - Vaccination of cats. No person shall own, keep or harbor any cat over four (4) months of age within the city, unless such cat has been vaccinated against rabies pursuant to section 6-62 of this chapter. The owner of each cat shall keep in his possession the certificate of vaccination required by section 6-62(b) of this chapter and shall display such certificate upon request of any animal wardeneentral-effieer, police officer or official of the health department. * * * Sec. 6-119. - Impoundment. Any cat or cats found in violation of any provision of this article or whose owner is in violation of any provision of this article or any cat or cats creating a "public nuisance" as defined by section 6-115 may be seized by any animal wardeneentf er or police officer and impounded at the city pound. The officer seizing any cat and officials of the city pound shall follow the procedures established for impounded dogs by section 6- 28 of this chapter in keeping and disposing of any impounded cat. * * * 2. Section 6-27(b), Limitations on keeping, Division 1, Generally, Article II, Dogs Generally, Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Article II, Dogs Generally Division 1, Generally * * * 6 Sec. 6-27. - Limitations on keeping. * * (b) This section shall have no application to: (I) Dogs under the age of six€ear(64)months; (2) Dogs kept on any parcel of real property zoned RA, Residential-Agricultural District, pursuant to Chapter 36.2 of this Code; (3) Dogs kept on any farm; or (4) Dogs kept at a veterinary hospital, or laboratory for the purpose of study, observation or medical research provided that any veterinary hospital, or any such laboratory shall comply with Chapters 19, License Tax Code, and 36.2, Zoning, of this Code. 3. This ordinance shall become effective on the passage of this ordinance. 4. Pursuant to Section 12, Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Plitt City CL 7 b � est „tit CITY COUNCIL AGENDA REPORT• To: Honorable Mayor and Members of City Council Meeting: March 16, 2015 Subject: Amendments to Chapter 6, Animals and Fowl of the Code of the City of Roanoke, Virginia (1979), as amended Background: The duties and powers of Animal Wardens are established by Article I, Chapter 6, Animals and Fowl, of the Code of the City of Roanoke, Virginia (1979), as amended. The Roanoke Police Department began its current reorganization in January 2014 to provide better customer service, increase accountability, and encourage a compassionate climate of diversity. The proposed amendments to this Chapter including section 6-2 to clarify the status of Animal Wardens as civilian employees and to confirm that Animal Wardens shall have the same meaning and authority as an animal control officer as defined in Virginia Code §3.2-6500, as amended. The proposed amendment to section 6-27(b) increases the exemption age of dogs kept on residential property from four months (4) to six months (6) to be consistent with the City's Zoning Ordinance. Considerations: The minor changes to Article I, Chapter 6, Animals and Fowl, of the Code of the City of Roanoke, Virginia (1 979), as amended are necessary to consistently define the position of Animal Warden and to ensure that Animal Wardens have the same authority as an animal control officer in enforcing state animal control laws. The increased exemption age of dogs kept on residential property will allow residents who own and raise litters of puppies to comply with best practices involving the adoption of puppies at a minimum age and for this code section to be consistent with the City's Zoning Ordinance. Recommended Action: Adopt the proposed amendment to Chapter 6, Animals and Fowl, of the Code of the City of Roanoke, Virginia (1979), as amended, by amending 6-6, 6-22, 6-25, 6-26, 6-50, 6-50.1 , 6-51 , 6-62, 6-82, 6-117, 6-1 19 to refer to Animal Warden instead of Animal Control Officer. Adopt the proposed amendment to Chapter 6, Animals and Fowl, of the Code of the City of Roanoke, Virginia (1979), as amended, Sec. 6-2 Designation and General Duties of Animal Wardens; to clarify the civilian employee status of animal wardens and update the duties and authority of Animal Wardens as defined in Virginia Code §3.2-6500, as amended Adopt the proposed amendment to Chapter 6, Animals and Fowl, of the Code of the City of Roanoke, Virginia (1979), as amended, Sec. 6-27(b) Limitations on Keeping; increasing the exemption age of dogs from four (4) months to six (6) months. Authorize the City Manager to take such other actions and to execute such further documents, approved as to form by the City Attorney, as may be necessary to establish, implement, and enforce Article I, Chapter 6, Animals and Fowl, of the Code of the City of Roanoke, Virginia (1979), as amended. ittiryk Christopher P. Morrill City Manager Distribution: Council Appointed Officers 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 � ...j�. Roanoke,Virginia 24011-1536 Telephone: (5411)853-2541 Fax: (540)853-1145 SFEI'IIAN11?M.MOON REYNOLDS,MM(' Email: elerk(arroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC' Assistant Deputy City Clerk March 19, 2015 Jane Conlin, Director Human/Social Services Roanoke, Virginia Dear Ms. Conlin: I am attaching copy of Resolution No. 40181-031615 authorizing the City Manager to execute a renewal of the Outstationed Eligibility Worker contract dated February 6, 2013, between the City of Roanoke on behalf of its Department of Social Services and Carilion Medical Center, for the placement by the City of an outstationed Medicaid eligibility worker(s) at Carilion, for two successive, additional, one year terms, and authorizing the City Manager to execute any necessary documents required to accept such contract. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015. Sincerely, Stephanie M. Moon Reynolds, MMM City Clerk Enclosure pc: Sherman M. Stovall, Assistant City Manager for Operations Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA )�� " V/ / ( ._, The 16th day of March, 2015. No. 40181-031615. A RESOLUTION authorizing the City Manager to execute a renewal of the Outstationed Eligibility Worker contract dated February 6, 2013 ("Contract"), between the City of Roanoke on behalf of its Department of Social Services ("City"), and Carillon Medical Center ("Carilion"), for the placement by the City of an outstationed Medicaid eligibility worker(s) at Carilion, for two successive, additional, one year terms, and authorizing the City Manager to execute any necessary documents required to accept such contract. WHEREAS, the City and Carilion entered into the Contract for the placement by the City of a Medicaid eligibility worker(s) at Carilion to determine Carilion patients' Medicaid eligibility, and to enroll such eligible patients into Medicaid; and WHEREAS, the initial tern of the Contract was for a two year term commencing February 6, 2013, and the Contract provided that the Contract could be renewed two additional, one year terms, upon the mutual agreement of the parties, and the parties desire to continue the Contract. NOW THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute an agreement between the City and Carilion extending the term of the Contract two successive, additional, one year terms, such renewal agreement to be in a form approved by the City Attorney, and upon such terms and conditions as are more particularly described in the City Council Agenda Report dated March 16, 2015. 2. 'Me City Manager is further directed to execute any additional documents that may be required in connection with the City's renewal of the Contract. ATTEST City Clel c R-Authorize City Manager to Renew OEW Agreement with Cmilion.3-16-15 2 )00.. ....gyp w� it f: CITY OF ROANOKE "' r . OFFICE OF THE CITY CLERK 215 Church Avenue,S. W.,Suite 456 V 3) Roanoke,Virginia 24011-1536 'Telephone: (5411)853-2541 Fax: (540)853-1145 S'TI•:PHANIE M.MOON REYNOLDS,MMC E-mail: clerk(i��ro:nmkeva.g0v JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk March 19, 2015 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: I am attaching copy of Budget Ordinance No. 40182-031615 appropriating funding from the Commonwealth of Virginia and Carilion Medical Center for outstationed eligibility workers; and amending and reordaining certain sections of the 2014-2015 Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015, and is in full force and effect upon its passage. Sincerely, 5-A - — .\1(\(\. thINN Stephanie M. Moon Reyno s, MM City Clerk pc: Sherman M. Stovall, Assistant City Manager for Operations Jane Conlin, Director, Human/Social Services Amelia C. Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 2015. No. 40182-031615. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia and Carillon Medical Center for outstationed eligibility workers, 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 Regular Employee Salary 35-630-5194-1002 $122,376 City Retirement 35-630-5194-1105 25,260 FICA 35-630-5194-1120 9,360 Medical insurance 35-630-5194-1125 23,960 Dental Insurance 35-630-5194-1126 1,332 Disability Insurance 35-630-5194-1131 184 Revenues Outstationed Worker FY15 - Federal 35-630-5194-5194 91,236 Outstationed Worker FY15 - Carilion 35-630-5194-5195 91,236 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ST: At4TTE /y City Clerk. \V art, CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 16, 2015 Subject: Appropriation of Funding for Outstationed Medicaid Eligibility Workers at Carilion Medical Center Background: On February 20, 2013 the City of Roanoke Department of Social Services (DSS) and Carilion Medical Center (CMC) entered into an agreement to establish an Outstationed Eligibility Worker (OEW) position through DSS to be placed at CMC. The OEW will accept Medicaid applications and make determinations of eligibility or ineligibility for applicants who are patients of CMC. CMC desires that an OEW be onsite in order to facilitate eligibility determinations for patients awaiting discharge from the hospital to a long term care facility. The agreement was in effect for a term of two years with the option to be renewed upon written agreement of both parties for two additional and successive one year periods. The agreement may be terminated at any time by either party upon sixty days written notice to the other party. Considerations: DSS and CMC are proposing to renew the agreement for two additional and successive one year periods, with two OEW positions. The total anticipated cost of these positions is $182,472 for an additional two year period. Monthly, DSS will receive reimbursement for 50% of the cost from federal pass-through funding. DSS will, on a monthly basis, bill CMC for the remaining 50%. There is no local cost for these positions. Recommendations: Authorize the City Manager, or his designee to enter into the renewal of this agreement. Such agreement shall be approved as to form by the City Attorney. Authorize the Director of Finance to establish a revenue estimate in the amount of $182,472 and appropriate funding in the same amount for two Outstationed Eligibility Worker Positions for a two year period into accounts in the Grant Fund. (1/4 - Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human/Social Services STATEMENT OF CONFLICT OF INTEREST I, David B. Trinkle, state that I have a personal interest in agenda item 7 a. 4 in the afternoon session of City Council on March 16, 2015, regarding the authorization to renew a contract between the City's Department of Social Services and Carilion Medical Center for two Outstationed Medicaid Eligibility workers because I have an employment relationship with an affiliate of Carilion Medical Center. Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness my signature made this 16`h day of March, 2015. i , (Seal) PAL P avid B. Trinkle e Try • t ,-°' • CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S. W., Suite 456 � w Roanoke,Virginia 24011-1536 e4"- Telephone. (540)853 4541 Fax: (540)853-1145 SI EP11ANIE M.MOON REYNOLDS,MMC E-mail: elm k0oromwkeva.pov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA 1'.WEBB,CMC Assistant Deputy City Clerk March 19, 2015 Anthony Burnette Dennis and Phyllis Groff Frank and Carol Gibson Sitestar Corporation Mark S. Hicks Kirk Avenue Properties 2 LLC Harpear Properties, Inc. Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40183-031615 providing for acquisition of real property rights needed by the City in connection with the Trevino Circle/Monterey Road Stream Restoration and Channel Improvements Project, in the general vicinity of Trevino Circle, N. E., Trevino Drive, N. E., Old Mountain Road, N. E., Jacklin Circle, N. E., and Monterey Road, N. E., and surrounding streets; authorizing City staff to acquire such property rights by negotiation for the City; and authorizing the City Manager to execute appropriate acquisition documents. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015, and is in full force and effect upon its passage. Sincerely, M44,44,,Thrn h.\Stephanie M. Moon Reynold UU (�s, MMC City Clerk Anthony Burnette Dennis and Phyllis Groff Frank and Carol Gibson Sitestar Corporation Mark S. Hicks Kirk Avenue Properties 2 LLC Harpear Properties, Inc. March 20, 2015 Page 2 pc: Sherman M. Stovall, Assistant City Manager for Operations Daniel J. Callaghan, City Attorney Robert K. Bengtson, Director of Public Works Philip C. Schirmer, City Engineer Dwayne R. D'Ardenne, Stormwater Manager Cassandra L. Turner, Economic Development Specialist / J IN THE COUNCIL OF TILE CITY OP ROANOKE, VIRGINIA The 16th day of March, 2015. No. 40183-031615. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Trevino Circle/Monterey Road Stream Restoration and Channel Improvements Project ("Project"); authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City wants and needs certain real property rights, to include temporary construction and/or permanent easements of variable length and width, and such other real property interests as needed, as set forth in the City Council Agenda Report dated March 16, 2015, for the Project, in the general vicinity of Trevino Circle, N.E., Trevino Drive, N.E., Old Mountain Road, N.E., Jacklin Circle, N.E., and Monterey Road, N.E., Roanoke, Virginia, and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned City Council Agenda Report dated March 16, 2015 and any other real property parcels needed for the Project for such consideration as the City Manager may deem appropriate, subject to an acceptable title and environmental report. All requisite documents shall be approved as to form by the City Attorney. 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcel(s) for such consideration as deemed appropriate for 0-Authorize acquis of prop rights-Trevino Circle-Monterey Rd Channel Project3-16-2015 the necessary interests, provided, however, the total consideration offered or expended, including costs, title search Ices, appraisal costs, recordation fees, and other related costs shall not exceed the funds available in the Project's account for such purposes, without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form by the City Attorney, the Director of Finance is authorized to pay the respective consideration to the owners of the real property interests conveyed, certified by the City Attorney to be entitled to the same. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. AT��TESSTT:, City Clerk. • 0-Authorize acquit of prop tights-Trevino Circle-Monterey Rd Channel Project.3-16-2015 i CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 16, 2015 Subject: Acquisition of Real Property Rights for Trevino Circle/Monterey Road Stream Restoration and Channel Improvement Project Background: As part of the FY2016 Capital Improvement Program, staff requests City Council appropriate $1 .92 million for Storm drain improvement projects. These appropriated funds will be matched with $1 .62 million in Virginia Department of Transportation Revenue Sharing funds plus an additional $500,000 in Stormwater Utility operating funds. One of the projects to be funded by this combined FY2016 funding appropriation is a stream restoration within an unnamed tributary of Tinker Creek. This stream restoration project will improve the downstream water quality within the Tinker Creek watershed while providing adequate stormwater conveyance capacity and stabilization measures to the existing stream channel. The project is in the general vicinity of the Trevino Circle, Trevino Drive, Old Mountain Road, Jacklin Circle, and Monterey Road, NE within the Monterey neighborhood. The project portion of this unnamed Tinker Creek tributary is highly eroded and inadequate to convey frequent storms. Runoff from the public right of way contributes to private property flooding and continued erosion results in poor water quality downstream. Constructing the stream restoration and proposed channel improvements would correct known drainage problems in the Monterey neighborhood while improving water quality in the Tinker Creek watershed. In order to construct, operate, and maintain the proposed improvements, the City will need to acquire real property rights from private owners. Considerations: City Council action is necessary to authorize the acquisition of real property rights needed for the Trevino Circle/Monterey Road Stream Restoration and Channel Improvement Project. The real property rights needed are outlined below, but are subject to minor variation of location and extent pending final engineering design details. Funding for acquisition of the real property rights will be available in project account 08-530-9734, Neighborhood Storm drain Projects. Permanent drainage and temporary construction easements of variable length and width are required to accommodate construction activities and will affect eight (8) properties in the general vicinity identified above. The City may also need to acquire various other property rights involving the properties listed below and other properties which have not yet been identified for this project. The properties that have been identified so far are as follows: Tax Map Parcel Address Owner Required Property Rights Number 737081 1 1204 Monterey Anthony Burnette Permanent Drainage Easement Road, NE 737101 2 1257 Trevino Dennis & Phyllis Permanent Drainage Easement Drive, NE Groff 737101 3 1253 Trevino Dennis & Phyllis Permanent Drainage Easement Drive, N E Groff 7370827 0 Monterey Road, Frank & Carol Permanent Drainage Easement & NE Gibson Temporary Construction Easement 7370803 4451 Old Sitestar Permanent Drainage Easement Mountain Road, NE Corporation 7370807 4477 Old Mark S. Hicks Permanent Drainage Easement Mountain Road, NE 7370810 0 Old Mountain Kirk Avenue Permanent Drainage Easement & Road, NE Properties 2 LLC Temporary Construction Easement 7410102 4662 Old Harpear Permanent Drainage Easement Mountain Road, NE Properties Inc. Recommended Action: Authorize the acquisition of any real property rights needed to construct the proposed Trevino Circle/Monterey Road Stream Restoration and Channel Improvement Project, including but not limited to the specific property rights identified in the City Council Agenda Report, by negotiation and execution of the appropriate acquisition documents by the City Manager, such documents to be ap011)roved as to form by the City Attorney. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E., City Engineer Dwayne R. D'Ardenne, CGM, PWM, Stormwater Manager josephus M. johnson-Koroma, P.E., Civil Engineer II Cassandra L. Turner, Economic Development Specialist 2 : CITY OF ROANOKE i OFFICE OF THE CITY CLERK 215 Church Avenue,S. W.,Suite 456 Roanoke,Virginia 24011-1536 ....';i` Telephone: (540)853-2541 Fax: (540)853-1145 S'I'I?PIIANIE M.MOON REYNOLDS,MMC F:mail: clerkn)roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk March 19, 2015 Richard Hill and the heirs of Gary Hill being the heirs of the late Clarence E. and Hazel V. Hill 1906 Laura Road, N. W. Roanoke, Virginia 24017 Dear Mr. Hill and heirs of Gary Hill: I am enclosing copy of Ordinance No. 40184-031615 authorizing acquisition and demolition of certain property located at 1906 Laura Road, N. W., for the purchase price of $81,000.00, subject to a satisfactory environmental site inspection and title report, under the Federal Emergency Management Agency's Hazard Mitigation Grant Program in coordination with the Commonwealth of Virginia Department of Emergency Management, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015, and is in full force and effect upon its passage. Sincerely, Att..44;;A:hn • ht...":97 Stephanie M. Moon Reynolds, M City Clerk Enclosure Richard Hill and the heirs of Gary Hill being the heirs of the late Clarence E. and Hazel V. Hill March 20, 2015 Page 2 pc: Sherman M. Stovall, Assistant City Manager for Operations Daniel J. Callaghan, City Attorney Robert K. Bengtson, Director of Public Works Philip C. Schirmer, City Engineer Dwayne R. D'Ardenne, Stormwater Manager Cassandra L. Turner, Economic Development Specialist J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 2015. No. 40184-031615. AN ORDINANCE authorizing the acquisition and demolition of certain property located at 1906 Laura Road, N.W., which is subjective to repetitive flooding, under the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program ("Program") in coordination with the Commonwealth of Virginia Department of Emergency Management, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute the necessary documents, upon form approved by the City Attorney, to acquire the real property located at 1906 Laura Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 5030214, which is currently owned by the heirs of the late Clarence Hill and Hazel Hill, in whose names the property is currently assessed, for the purchase price of$81,000.00, such acquisition is subject to a satisfactory environmental site inspection and title report, under the FEMA Hazard Mitigation Grant Program in coordination with the Commonwealth of Virginia Department of Emergency Management, and to demolish the structure located thereon after such acquisition, in accordance with the requirements of the Program, upon the terms and conditions contained in the City Manager's March 16, 2015, letter to City Council. Such documents shall be upon form approved by the City Attorney. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk 0-FEMA Grant Acquisition-1906 Laura Rd.3-L6-2015 . . ., : CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 16, 2015 Subject: Acquisition of Real Property Known as 1906 Laura Road, NW, Official Tax Map Number 6140322 for the City of Roanoke Floodplain Mitigation Project Background: The City of Roanoke was awarded a grant as part of the FY 2013 Federal Emergency Management Agency (FEMA) Hazard Mitigation Assistance Program. City Council appropriated $58,437 for the City of Roanoke Floodplain Mitigation project. This will be matched with $175,309 in Hazard Mitigation Assistance Program funds, for a total project cost of $233,746. The project consists of acquisition and demolition of two real properties within the FEMA floodway which are prone to flooding. Upon demolition, both properties are to be converted to open space in perpetuity as required by the terms of the grant. The owners of one of the two real properties are no longer interested in selling their property to the City. This property will be removed from the project. The other real property is located at 1906 Laura Road, NW, Roanoke, Virginia 24017, bearing Official Tax Map No. 6140322, and is currently assessed in the name of Clarence E. Hill and Hazel V. Hill. Both persons are now deceased, and their heirs Richard Hill and Gary Hill had accepted a formal offer from the City of Roanoke for the purchase of the property in the amount of $81 ,000, which represents the fair market value of the property based on an appraisal obtained by the City. Gary Hill passed away in early March, and City staff is negotiating the sale of this property with Gary Hill's heirs. Considerations: City Council action is necessary to authorize the acquisition of real property rights needed for the City of Roanoke Floodplain Mitigation Project. The real property rights needed are outlined below. Funding for acquisition of the real property rights is available in account 35- 530-8182, City of Roanoke Flood Mitigation Project. The one (1 ) property identified is as follows: Tax Map Address Owner Required Property Rights 6140322 1906 Laura Road, NW Richard Hill and Full Property Acq. the heirs of Gary Hill; being the heirs of Clarence E. Hill and Hazel V. Hill Recommended Action: Authorize the acquisition of property rights needed for the City of Roanoke Floodplain Mitigation Project, including but not limited to the specific property rights identified in this City Council Agenda Report, by negotiation and execution of the appropriate acquisition documents by the City Manager, such documents to be approved as to form by the City Attorney. Wk. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E., City Engineer Dwayne R. D'Ardenne, CGM, PWM, Stormwater Manager Josephus M. Johnson-Koroma, P.E., Civil Engineer II Megan Scott, EIT, CFM Cassandra L. Turner, Economic Development Specialist 2 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S. W.,Suite 456 ‘;:',0401 Roanoke, Virginia 24011-1536 1'elepkone: (540)853-2541 Fax: (540)853-1145 I±PIIANIP:M.MOON REYNOLDS,MM(' E-mail: clerkat ronnokcvn.l;ov JONATHAN E.('RAFT,('MC City Clerk Deputy City Clerk March 19, 2015 CECELIA T.WEBB,CMC Assistant Deputy City Clerk The Honorable Evelyn W. Powers City Treasurer Roanoke, Virginia Dear Ms. Powers: I am attaching copy of Resolution 40185-031615 authorizing and directing the City Treasurer to refund an overpayment of an erroneous assessment of real estate taxes, including any penalties and interest, on real property located on Edmunds Avenue, N. E., bearing Official Tax Map No. 3222217, owned by Wayne Eubank for the 2014, 2013, 2012, and 2011 tax years, together with interest at the annual rate of 10% , in accordance with the provisions of Section 58.1-3981(A), Code of Virginia (1950), as amended; ratifying the recommendation of the Director of Real Estate Valuation to correct an erroneous assessment of real estate taxes on another parcel of real estate located on Edmunds Avenue, N. E., bearing Official Tax Map No. 3222215, owned by Sandra Lee Overstreet; authorizing the proper City officials to take such other actions as may be necessary to implement, administer, and enforce the correction of the assessments of Official Tax Map Nos. 3222217 and 3222215, respectively, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015, and is in full force and effect upon its passage. Sincerely, ftttZ4Ah b,, ld Stephanie M. Moon Reynolds, MM City Clerk Enclosure The Honorable Evelyn Powers March 20, 2015 Page 2 pc: Wayne F. and Traci L. Eubank, 4548 Pennsylvania Avenue, N. E., Roanoke, Virginia 24019 Sandra L. Overstreet, 3349 Southwood Village Court, S. W., Roanoke, Virginia 24014 The Honorable Sherman A. Holland, Commissioner of the Revenue Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Susan Lower, Director of Real Estate Valuation J2�C IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA J The 16th day of March, 2015. No. 40185-031615. A RESOLUTION authorizing and directing the City Treasurer to refund an overpayment of an erroneous assessment of real estate taxes, including any penalties and interest, on real property located on Edmunds Avenue, N.E., Roanoke, Virginia, bearing Official Tax Map No. 3222217, owned by Wayne Eubank ("Parcel 3222217 "), for the 2014, 2013, 2012, and 2011 tax years, together with interest at the annual rate of 10% , in accordance with the provisions of Section 58.1-3981(A) of the Code of Virginia (1950) as amended; ratifying the recommendation of the Director of Real Estate Valuation to correct an erroneous assessment of real estate taxes on another parcel of real estate located on Edmunds Avenue, N.E., Roanoke, Virginia, bearing Official Tax Map No. 3222215, owned by Sandra Lee Overstreet ("Parcel 3222215"); authorizing the proper City officials to take such other actions as may be necessary to implement, administer, and enforce the correction of the assessments of Parcel 3222217 and Parcel 3222215; upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, the City's Commissioner of the Revenue has determined and certified, and the City Attorney consented, as further stated in the City Attorney's letter to this Council dated March 16, 2015, that, as a result of an erroneous assessment on Parcel 3222217, Wayne Eubank has overpaid the amount of real estate taxes due on such parcel by the amount of$2,378.06, for the 2014, 2013, 2012, and 2011 tax years, and is entitled to a refund of the same. NOW THEREFORE, RE IT RESOLVED by the Council of the City of Roanoke as follows: I. Pursuant to Section 58.1-3981 (A) of the Code of Virginia (1950) as amended, and the certification of the Commissioner of the Revenue, with the consent of the City Attorney, the City Treasurer is hereby authorized and directed to refund to Wayne Eubank the amount of$2,378.06 which amount reflects the overpayment of real estate taxes made on Parcel 3222217 as a result of an erroneous assessment for the 2014, 2013, 2012, and 2011 tax years, and includes penalties, together with interest, at the annual rate of 10% from the dates of such overpayments, and prior to making payment of the refund, the City Treasurer is authorized and directed to deduct the balance of the 2014 real estate taxes owed on such property in the amount of $797.75, and make a net payment by the City Treasurer to Wayne Eubank in the amount of$1,580.31, as further set forth in the City Attorney's March 16, 2015, letter to this Council. 2. City Council hereby concurs and ratifies the Director of Real Estate Valuation's recommendation that the City correct the assessment of Parcel 3222215 as of July 1, 2015, and refrain from collecting any additional taxes owed on such parcel for the prior tax years. 3. The proper City officials are authorized to take such other actions as may be necessary to implement, administer, and enforce the correction of the assessments of Parcel 3222217 and Parcel 3222215. ATTEST ittieLo.„ City Clerk R-Authorize City Treasurer to refund Eubank tax refund.3-16-2015 2 CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY wrl Timothy R. Spencer 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW Steven J. Talevi ROANOKE, VIRGINIA 24011-1595 David L. Collins Heather P. Ferguson Daniel J. Callaghan TELEPHONE 540.853.2431 Laura M. Carini City Attorney FAX 540-853-1221 Assistant City Attorneys EMAIL: ciryatry @roanokeva.gov March 16, 2015 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Approval of refund of overpayment of real estate taxes 0 Edmunds Avenue, N.E. Official Tax Map No. 3222217 Wayne Eubank, property owner Dear Mayor Bowers and Members of Council: BACKGROUND In December, 2014, a citizen contacted the City of Roanoke Real Estate Valuation Office to question whether City records were accurate with respect to the tax assessment of certain real property situated on Edmunds Avenue, N.E., Roanoke, bearing Official Tax Map No. 3222217 (Parcel 3222217). The City had assessed Parcel 3222217 at a value of$58,200 ($10,500 for the land and $47,700 for a single family home). Upon review, the Director of the Real Estate Valuation concluded that the assessment records for this parcel were incorrect because Parcel 3222217 was a vacant lot. In her research, the Director of the Real Estate Valuation also concluded that the assessment of another parcel on Edmunds Avenue, N.E., bearing Official Tax Map No. 3222215 (Parcel 3222215) was also in error. Parcel 3222215 was assessed at a value of$10,700 for the value of land only, when, in fact, a single family home had been constructed on Parcel 3222215 and maintained for several years. The Director of Real Estate Valuation met with the owner of Parcel 3222217, Wayne Eubank, and advised him of this error. The Director also advised Mr. Eubank that, subject to approval by City Council, he was entitled to a refund of taxes paid by him for the current tax year, if any, and the three prior tax years, together with interest at the annual rate of 10%, for the portion of taxes paid that were attributable to the erroneously assessed value of the improvements on Parcel 3222217. The refund would also include a refund of any penalties and interest paid by Mr. Eubank. The aggregate amount due to Mr. Eubank is $2,378.06 Mr. Eubank also agreed that the amount of current real estate taxes due and unpaid, for Parcel 3222217 may be deducted from the refund. The net amount to be paid to Mr. Eubank is $1,580.31. The Commissioner of the Revenue has certified that the assessment of Parcel 3222217 was erroneous pursuant to Section 58.1-3981(A), Code of Virginia (1950), as amended. A copy of this certification is attached to this letter. The Director of Real Estate Valuation also met with a representative of the owner of Parcel 3222215 (Sandra Lee Overstreet) and informed her representative that, subject to approval of the Commissioner of the Revenue and the City Treasurer, together with the acknowledgement and endorsement of City Council, the City would correct the assessment of Parcel 3222215 to include the value of the single family home on the property but would not seek a payment of taxes for the prior years, based on the omission of the value of the improvements in the assessed value of Parcel 3222215. The Commissioner of the Revenue and the City Treasurer support this resolution with respect to Parcel 3222215. RECOMMENDED ACTION Adopt a resolution to (i) authorize and direct the Treasurer to issue a refund to Mr. Eubank, owner of Parcel 3222217, for the erroneous assessment of Parcel 3222217; (ii) acknowledge and ratify the recommendation of the Director of Real Estate Valuation that City correct the assessment of Parcel 3222215 as of July 1, 2015 and refrain from collecting any additional taxes for prior tax years assessed against the parcel; and (iii) authorize such other actions as may be necessary to implement, administer, and enforce the correction of the assessments of Parcel 3222217 and Parcel 3222215. Respectfully submitted, % 1� Daniel J. Callaghan City Attorney DJC/lsc Enclosure—Certificate of Commissioner of the Revenue c: Council Appointed Officers Sherman Holland, Commissioner of the Revenue Evelyn Powers, City Treasurer R. Brian Townsend, Assistant City Manager for Community Development Sherman Stovall, Assistant City Manager for Operations Susan Lower, Director of Real Estate Valuation David Collins, Assistant City Attorney CERTIFICATION OF THE COMMISSIONER OF THE REVENUE PURSUANT TO SECTION 58.1-3981 (A), CODE OF VIRGINIA (1950), AS AMENDED I, Sherman A. Holland, hereby certify, pursuant to Section 58.1-3981 (A), Code of Virginia (1950), as amended, that Wayne Eubank, owner of certain real property situated at Edmunds Avenue, N.E., Roanoke Virginia, bearing Official Tax Map No. 3222217 (Parcel 3222217), that the assessment of Parcel 3222217 was erroneous and Mr. Eubank is entitled to a refund in the amount of$2378.06, subject to a deduction for currently unpaid real property taxes in the amount of $797.75, all as described in a letter to Mr. Eubank from Susan S. Lower, Director, Real Estate Valuation, dated February 9, 2015, a copy of which letter is attached to this certification. Dated this 11th day of March,2015. Sherman A. Holland Commissioner of the Revenue Consented to pursuant to Section 58.1-3981 (A) gh Daniel J. ]lagh City Attorney SHERMAN&VIVIAN HOLLAND 3801 RED FOX DR NW ROANOKE, VA 24017C:\Users\CRSHI\AppData\Local\Temp\notesEIEF34\CERTIFICATION OF THE COMMISSION OF THE REVENUE.doc 3/11/15 REAL ESTATE VALUATION PH: 540.853.2771 Noel C. Taylor Municipal Building FAX: 540.853.2796 �;:�, 215 Church Avenue, S.W. Room 250 ROA N O K E Roanoke, Virginia 24011 February 9, 2015 Hand Delivered Mr. Wayne Eubank 4548 Pennsylvania Ave NE Roanoke, VA 24019 RE: Property owned by Wayne Frederick Eubank Known as Lot 18, Block 10, Jackson Park Official Tax Map Number 3222217 Property owned by Wayne Frederick Eubank And Traci Leigh Eubank Known as Lot 1 7, Block 10, Jackson Park Official Tax Map Number 3222216 Dear Mr. Eubank, We are writing to inform you it has come to our attention in a recent review of your properties that you purchased Lot 18, Blk 10, Jackson Park in December of 2005, according to Instrument Number 05001 9800. This property is designated as Official Tax Map Number 3222217 in the City's tax assessment system and on the City's Geographical Information System (GIS). The City's assessment system erroneously has this property assessed as a lot with a house and an address of 1650 Edmund Avenue NE. As a result, you have been charged real estate taxes based on an assessment of a lot and dwelling since the date of purchase. This property is actually 0 Edmund Avenue, NE and is a vacant lot. We have corrected the information to reflect this. A corrected Property Card is enclosed. This correction is made effective July 1 , 2014. Additionally, you and Traci Leigh Eubank acquired Lot 1 7, Blk 10, Jackson Park in May of 2005 according to Instrument Number 050006916. This property is designated as Official Tax Map Number 3222216 by the City. The City's assessment system erroneously has this property listed as 1718 Edmund Avenue NE. The correct address for this property is 1650 Edmund Avenue, NE. As a result you have been charged real estate taxes based on an assessment for the property located at 1 718 Edmund Avenue NE. We have corrected the information to reflect this. A corrected Property Card is enclosed. This correction will be made effective as ofJuly 1 , 201 5. The tax assessment for the current tax year is not changed. Due to our errors, you are entitled to receive a refund. We have discussed the calculation of the refund and I have enclosed some documents that provide the details to determine the amount of your refund. In summary, you are entitled to a refund for the portion of property taxes, together with the portion of interest, late fees, and charges related to the value of the building erroneously included in your tax bill. The City will also pay you interest on this amount. The total amount of your refund, with interest, is $2378.06. As we discussed you currently owe the City taxes on both properties. In addition, you will be receiving bills from the City for the taxes that are payable in April. We have agreed that the City will deduct these amounts ($797.75) and pay you the sum of $1580.31 . Under state law, we must advise City Council of this matter and obtain authorization from City Council to make this refund. We expect to obtain Council approval at the February 17`h or March 21 sessions of Council. I apologize for these errors. The City Attorney and I are happy to meet with you to discuss any questions you may have. I can be reached at 540-853-2771 to set up an appointment. Sincerely, Susan S. Lower, SRA Director Real Estate Valuation cc: Daniell Callaghan, City Attorney Received by: _2\i°_ `ta_<t-!i!! dQ Date: ill 9 1S Mr. Wayne Eubank Eubank Refund - ( Tax Map No.s 3222216 & 3222217) Property Taxes Attributable to Building Only Fiscal Year FY 11/12 FY 12/13 FY13/14 Grand Total Total Tax Paid (Building only - Tax Map No 3222217) $531.94 $531.94 $531.94 Total Fee, Penalty, Interest Paid by Mr. Eubank 180.76 165.04 132.55 Charge 80% of Penalty Paid attributable to Bldg only $144.61 $132.03 $106.04 Interest Charged o.jo 0.20 0.10 Interest Amt $202.96 $132.79 $63.80 Total Due $879.51 $796.77 $701.78 $2,378.06 Less Tax Bills owed through June 30, 2015 - FY 14/15 3222216 - Amount owed through 6/30/2015 (672.80) 3222217 - Amount owed through 6/30/2015 - Land Only (124.95) Total (797.75) (797.75) Total Due to Eubank $1,580.31 PO EVELYN BOX W POWERS,TREASURER City of Roanoke PO BOX E,V ROANOKE,VA 24007 aMINN Real Estate Tax Statement (540)853-2561 FAX(540)853-1019 www.roanokeva.gov ROANOKE Statement Date: 02/04/2015 Tax Year 2015 Property Address 1650 EDMUND AVE NE Tax Map No 3222216 Legal Description LOT 17 BLK 10 JACKSON PARK Roanoke City Jan 1 Owner EUBANK WAYNE FREDERICK&TRACI LEIGH Current Owner(s) EUBANK WAYNE FREDERICK&TRACI LEIGH Asa'esaatl VFIUesWA ` d�'rh�`r �,�,"'t,k 'k+',,,-i',>:' �AZ, Ciedlb and EzernPtlona Land 10,500 Building 45,400 Gliirye b.444WW.Itir t. i n ` :A 7Tazeb1ie Value Rata/t100"' Tu Real Estate Tax 55,900 1.19 665.21 Total Current Year Tax 665.21 Stormwater Utility Fee' 7.20 Total Current Year Charges 672.41 Prior Year Delinquencies 0.00 Total Charges 672.41 AMOUNT DUE BY 04/06/2015 $672.80 'For Stormwater Utility Fee Questions,Call the Stormwater Division(540)853-2676 or stormwater @roanokeva.gov _a "'Ce'�. '�� .;rangtare,m„a +M?'Acco'Ymtsummarv��.,�'t. ``'"',�r-:a33`eA0424' , < Bill Number Installment Due Date Tax Penalty Interest Fees Total Due 2015-01027880 First 10/06/2014 328.38 0.00 8.21 0.00 338.59 Second 04/06/2015 336.21 0.00 0.00 0.00 336.21 Grand Total 664.59 0.00 8.21 0.00 672.80 V. The property owner is responsible for ensuring full payment of this obligation.If funds are held in escrow to pay for these taxes,forward this statement along with your loan number to the mortgage holder. • Payments must be received or postmarked by the due date to avoid penalty and interest charges on current balance due and additional charges on delinquent balances due. • Payments received may be applied to the oldest outstanding bills first per§58.1-3913. • See back for additional information. TEAR AND RETURN BOTTOM PORTION WITH YOUR PAYMENT Tai MMa? ,; �r * 1$U e DateM/ Current Amount Dug? YDehnquent/�mo n{�D `1 ,' 2" l 2e�;; • y , 3222216 04/06/2015 672.80 0.00 672.80 MAKE CHECKS PAYABLE TO:TREASURER,CITY OF ROANOKE ;�Amount EnGosed a° Statement Date:02/04/2015 EUBANK WAYNE FREDERICK&TRACI LEIGH MAKE ADDRESS 4548 PENNSYLVANIA AVE NE ROANOKE VA 24019 CHANGE HERE: 3222216000000067280 EVELYN W POWERS,TREASURER : . City of Roanoke PO BOX 1451 ter` ROANOKE,VA 24007 �$ , Real Estate Tax Statement (540)853-2561 FAX(540)853-1019 www.roanokeva.gov ROANOKE Statement Date:02/04/2015 Tax Year 2015 Property Address EDMUND AVE NE Tax Map No 3222217 Legal Description LOT 18 BLK 10 JACKSON PARK Roanoke City Jan 1 Owner EUBANK WAYNE Current Owner(s) EUBANK WAYNE Cretlggigtxamptiona Pfr'','it x. `=,<. Land 10,500 Building Real Estate Tax /c 500 .68;260 1.19 69258- /a'J,% Total Current Year Tax 692.58 /,9 4 q5 - Stormwater Utility Fee 14-40 . ,- Total Current Year Charges -706S8 J ° "�) Prior Year Delinquencies 0.00 Total Charges 70598 r� f4.f; AMOUNT DUE BY 04/06/7015 575649 For Stormwater Utility Fee Questions,Call the Stormwater Division(540)853-2676 or stormwater @roanokeva.gov .24E - ,.: ., .`. _; ,,' E r,'a';t .t ._ .r:.ecount5umma _ _ Bill Number Installment Due Date Tax Penalty Interest Fees Total Due 2015-01027879 First 10/06/2014 35049 S5735 4.2-96 0.00 461.80 Second 04/06/2015 353-49 0.00 0.00 0.00 363.40 t(' /C,5cop lq'lal wig 10,500 q £/ 2015 6047 Grand Total 1 a4, 9s 7898 025-95- 01206 0.00 /a4,954.66.29 I The property owner is responsible for ensuring full payment of this obligation.If funds are held in escrow to pay for these taxes,forward this statement along with your loan number to the mortgage holder. • Payments must be received or postmarked by the due date to avoid penalty and interest charges on current balance due and additional charges on delinquent balances due. • Payments received may be applied to the oldest outstanding bills first per§58.1-3913. • See back for additional information. TEAR AND RETURN BOTTOM PORTION WITH YOUR PAYMENT ' u •initn 34. oho te9 qr L' r/•'4. +l " {e i• ee >x, ',' ?.]Jt7rL "`' < 3222217 04/06/2015 -755.29 l a LI,q6- 0.00 755729 /�'!�193 ✓ MAKE CHECKS PAYABLE TO TREASURER,CITY OF ROANOKE # "- -.al• -r - I Statement Date:02/04/2015 EUBANK WAYNE MAKE ADDRESS 4548 PENNSYLVANIA AVE NE ROANOKE VA 24019 CHANGE HERE: 3222217000000075529 3222216 EUBANK WAYNE FREDERICK & TRACI LEIGH 1650 EDMUND AVE NE 200 EUBANK WAYNE FREDERICK & TRACI LEIGH Printed 02/05/2015 Card No. 1 of I 4548 PENNSYLVANIA AVE NE LOANOKE, VA 24019 TOwnefer of Ownership Consideration Transfer Date Deed Book/Page Deed Type I LOT 17 BLK 10 JACKSON PARK EUBANK WAYNE F (Inactive) 0 05/04/2005 050006916 Ot Neighborhood Number 11 1 EUBANK OPAL (Inactive) 0 03/14/2005 050000146 Ot Neighborhood Name 0 07/04/1776 CONV000000126790 Ot THRASHER PARK 71 TAXING DISTRICT INFORMATION Jurisdiction Name City of Roanoke • Area 001 District Roanok Census Tract 6 Valuation Record Site Description Assessment Year ;2011 2012 2013 'i 2014 2015 2015 2015 Topography I , Public ❑tilitics Change for Chan e Annual GRA Annual GRA ;' Annual GRA 1 Annual GRA Annual GRA Admin Adjust Annual GRA Street or Road � - _ - — _ — -._ _._- —__ •-__-.. - . .. �- _ - 0 L 10700 10700 10500 105001 10500 ; 10500 ) 10500 Neighborhood I 44500 44500 445001 45400 44800 47700 47700 zoning: T 55200 55200 55000 55900 55300 58200 58200 RM-1 Legal Acres: 0.1177 • Land Size Rating, Soil ID Acreage Square Feet -or- -or- -or- 1 Actual Effective Effective Land Type Frontage Frontage Depth Influence Factor Homesite 40.0 0 0 ' ej -,,-- ;222216 EUBANK WAYNE FREDERICK & TRACI LEIGH 1650 EDMUND AVE NE 200 Physical Characteristics i Printed 02/05/2015 Style: 41 Newer 1 Story ACCOMMODATION Occupancy: Single family Finished Rooms 4 • Story Height: 1.0 Bedrooms _ Finished Area: 666 HEATING AND AIR CONDITIONING Attic: None Primary Heat: Electric baseboard Basement: 3/9 • Lower Full Part ROOFING /Bsmt 1 Upper Upper • Material: Comp sh to 2358 PLUMBING type: Gable 8 TF • Framing: Std for class 3 Fixt. Baths 1 3 Pitch: Medium 5/12-8/12 Kit Sink 1 1 Water Heat 1 1 FLOORING TOTAL 5 • Slab and joists 30 1.0 REMODELING AND MODERNIZATION iula 3ase Allowance B, 1.0 Amount Date 1 SFr • EXTERIOR COVER 17 B Slum siding 1.0 Masonry B Jinyl siding 1.0 10 1 INTERIOR FINISH L I 1sFr i normal for Class e, 1.0 8 C 156 RFX 60 8 95 Conc M Stp 30 6 5 Special Features Summary of Improvements 1 • Story Const Year Eff Size or ' Description ID_ USE ._ Height ' Type Grade Cons Year Cond Area '' D DWELL 0.00 Fr- 1952 1952 AV 1176~ i I• 1 i _. . _ .. _ J 3222217 EUBANK WAYNE EDMUND AVE NE 100 EUBANK WAYNE 1 Tax ID ND Printed 02/05/2015 Card No. 1 of 1 4548 PENNSYLVANIA AVE NE - . ROANOKE, VA 24019 1 Transfer of Ownership LOT 18 6LK 10 JACKSON PARK II Owner Consideration Transfer Date Deed Book/Page Deed Type - MCGHEE LEON T (Inactive) 25000 12/01/2005 050019800 Ot Neighborhood Number 71 �H ST CLAIR THELMA M (Inactive) 12000 09/23/1986 01545 01300 Ot I Neighborhood Name 0 07/04/1776 CONV000000126793 Ot THRASHER PARK 71 I . TAXING DISTRICT INFORMATION Jurisdiction Name City of Roanoke Area 001 District Roanok Census Tract C. �y� rJ OL Nefl-)Valuation'FLecord AN ()Lb /011J Site Description Assessment Year 2013 2013 I 2014 2014 2015 2015 2015 I Topography Public Utilities ' Reason for Change I Annual GRA C Annual GRA 'Annual GRA Cl Annual GRA Annual GRA C Annual GRA Annual GRA Street or Road — __._-1— 0 L 10700 10500 10500 10500 10500 10500 10500 Neighborhood L, 1 01 44700I 0 47700 0 47700 01 Zoning: T 10700 1 55200 I 10500 58200 10500 58200 10500 • RM-1 Legal Acres: 0.1103 I . . Land Size Rating, • I Soil ID Acreage Square Feet -or- -or- -or- 1, Actual Effective Effective Land Type Frontage Frontage Depth Influence Factor Homesite 40.0 0 0 • • • • 32122/7 prMIMIren is •lM—OLua Lajas I La riel isI -ter: .. .11l --IJIe' a-r *air ht - Sp.. . FLT. I Penal easels Vew+adSge oohs potted I A ve I Foil . loavadart Laid 1 r P4paal Recent,)Earl)Came Values I.laam=I vl PIN j 0^'1^11 4 )' l ,. –3222217 Surinam Nsla,I BukuP. ..-. v41fYNIM 111^10)-- ��.^ ��y � vattafm Vattd tt9tryua a> __. 01/01/200$7 01/9120107 01/_01/2011 1. 0.7/01/2011R 01/01201 R ...0,7/01 201 4 1 Amual GRA. Annual GRA Annual GRA Annual GRA_C Annual GRA Annual GRe- NEEDED NEEDED 01/05/2011 NEEDED 01/05/2012 NEEDED Appraised Values Land 10700 10700 10700 10700 10700 10700 Imp: 44700 44700 44700 0 44700 0 1 Total. 55400 55400 55400 10700 55400 10700 — Use Values: Land 0 0 0 0 0 0 Pascal efl Imp I 44700 44700 44700 0 44700 0 J E µ }. 4 S [5! w a "` OP ti00O •SE Xi. i�IIl ®13:44:•;74t Uw^C d AI "a' ` r ' p w.i _ OC • - q .- ir ti.,-. x K 9 r: n ' r +:r- yJ' +wy. Y�,�" ...rW {�' "' rh 'A �+ 1Ts„ y ` w ,y ' , P n °, • ♦ .ae°'�caW ” i . A , ,,..,L2.-‘:::',":".4-',. -,- ., '4- F w, ur AA , rc .',/,'; r ; S ° - s • G 3 t „a_ ' ., ��F 't w'h` .'.0; s K M, p„t i .. x, -4•4,c-.4,--eh.�zy -1 5 / .. , . .�•�i C x t e,,. •1w� :.- y„�.« ':.' ' :. . . ay • •°*.a { CaVJ W5'r fi ` � °« • µy .,/ 4. f.`Q .?4. .- 4':. �. ir Tr .-0111 it Z�40E. E x � r yr 8 . ° nt• r, 4 . .. . , , ,- --,:,‘.,,, .,:-...,..,- . , . ...,.. ,....,. 'Act-, CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W.,Suite 456 Roanoke,Virginia 24011-1536 cicphone (540)853-2541 Pas: (540)853-1145 ti'l'I.:PIIANII?M.MOON 121,MOLDS,MMC, P:mail clerk(,roanokeva.gov BONA"r11AN F.CRAFT,CMC City Clerk Deputy City Clerk C PCELIA T.WEBB,CMC Assistant Deputy City Clerk March 19, 2015 Cindy H. Poulton, Clerk Roanoke City School Board P. O. Box 13145 Roanoke, Virginia 24031 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40186-031615 appropriating funding from the Federal government and the Commonwealth, local and private agency grants for various educational programs; and amending and reordaining certain sections of the 2014-2015 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015, and is in full force and effect upon its passage. Sincerely, _ __/244 Anaatern Stephanie M. Moon Reyno s, MMC City Clerk pc: Dr. Rita D. Bishop, Superintendent, Roanoke City Public Schools Amelia C. Merchant, Director, Management and Budget Barbara A. Dameron, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 2015. No. 40186-031615. AN ORDINANCE to appropriate funding from the Federal government, the Commonwealth, local and private agency grants for various educational programs, amending and reordaining certain sections of the 2014-2015 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014-2015 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Instructional Supplies 302-110-0000-1070-134J -61100-46614-9-09 $ 1,000 Professional Development Suppl. 302-210-3300-0000-362J-62140-41129-9-01 1,967 Teaching Staff 302-110-0000-1170-313H -61100-41121-3-04 57,048 Retirement—VRS 302-110-0000-1170-313H-61410-42202-3-04 28,524 Health Insurance 302-110-0000-1170-313H-61100-42204-3-04 28,524 Miscellaneous 302-203-0000-1000-751J-62130-45586-9-00 2,000 Revenues Federal Grant Receipts 302-000-0000-0000-134J-00000-38010-0 00 $ 1,000 State Grant Receipts 302-000-0000-0000-362J-00000-32291-0-00 1,967 Local Contribution 302-000-0000-1170-313H-00000-33802-0-00 57,048 Other Finance Sources Local 302-000- LMAT-1170-313H-00000-72000-0-00 57,048 Other Agency Receipts 302-000-0000-0000-751J-00000-33808-0-00 2,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: rn• h �" �City Clerk. j242"--- is fir ROANOKE CITY PUBLIC SCHOOLS Strong Students.Strong Schools.Strong City. School Board March 16, 2015 Todd A. Putney Chairman Suzanne P. Moore The Honorable David Bowers, Mayor Vice Chairman and Members of Roanoke City Council William B. Hopkins, Jr. Roanoke, VA 24011 Mae G. Huff Annette Lewis Dear Members of Council: Lori E. Vaught Richard Willis As a result of official School Board action on Tuesday, March 10, 2015, the Board respectfully requests that City Council approve the Dr. Rita D. Bishop following appropriation requests: Superintendent Cindy H. Poulton New Appropriation Award Clerk of the Board Title I-D Detention Center Literacy Program 2015-16 $1,000.00 Foundation of Roanoke Valley $2,000.00 Revised Appropriation Additional Award Mentor Teacher Program $1,966.86 Governor's School 2013-2014 $114,095.00 On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. oulton Clerk pc: Dan Callaghan Rita D. Bishop Chris Morrill Kathleen Jackson Barbara Dameron Acquenatta Harris (w/details) Todd A. Putney p: 540-853-2381 f: 540-853-2951 P.O. Box 13145 Roanoke,VA 24031 www.rcps.info of CITY COUNCIL AGENDA REPORT s To: Honorable Mayor and Members of City Council Meeting: March 16, 2015 Subject: School Board Appropriation Request Background: As the result of official School Board action at its March 10, 2015 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Title I, Part D Detention Center Literacy Program 2014-15 grant of $1 ,000 provides funds to support literacy initiatives at the Roanoke Valley Juvenile Detention Center. This program will be fully reimbursed by federal funds and will end September 30, 2016. The Mentor Teacher Program 2014-15 grant of $1 ,967 provides funding to support the division in enhancing its mentor teacher program. Funding is provided based on the number of teachers with zero years of teaching experience. This program is reimbursed 100% by state funds and will end June 30, 201 5. This is an increase to the original award allocation. This is a continuing program. The Governor's School 2013-14 represents funding of $114,095 provided by the school districts and the Virginia Department of Education. The funding is for fiscal year 2013-2014. Students in the program learn about science, mathematics, and technology. This is an increase to the original award allocation. The Foundation for Roanoke Valley provided a grant of $2,000 from their Anne E. Craghead Charitable Fund for the needy to be used to purchase coats, gloves, hats, and scarves for the coat drive program in 2014-2015. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. i % /✓((,R� 41i )r z- ara A. Dameron Director of Finance Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS P. Steve Barnett, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Acting Executive Director of Fiscal Services, RCPS - DEPARTMENT OF ROANOKE EPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 465 Roanoke,Virginia 24011-1220 Telephone: (540)853-2821 Fax: (540)853-6142 BARBARA A.DAMERON ANDREA F.TRENT Director of Finance Assistant Director of Finance March 12, 2015 Honorable Mayor and Members of City Council Roanoke, VA Dear Mayor and Members of City Council, I am pleased to report that Roanoke had a successful competitive bond sale March 10. The winning bid was awarded with a 2.75% True Interest Cost, which is excellent given the 11-year average life of the structure. Fitch Ratings and Standard & Poor's affirmed Roanoke's AA+/Stable Outlook rating. Attached is a copy of the presentation made to the rating agencies during our update call. The team presenting the information represented the City well, demonstrating the City's strong operational and financial management, strong economic development projects, both completed as well as ongoing, and the excellent quality of life afforded Roanoke's residents and visitors. In their rating rationale, Fitch noted the City's slight decline in taxable assessed values, but also pointed out the City's tax rates and levies are not subject to statutory or charter limitations, affording the City the ability to offset assessed value decreases and maintain revenue stability. Fitch further noted the City's tax rate has been flat or declined each year since fiscal year 2002. Standard & Poor's report reflected their opinion of the City's: • "Adequate economy that serves as a regional commercial hub in western Virginia; • Very strong budgetary flexibility with a demonstrated willingness and ability to raise taxes and fees; • Strong budgetary performance in fiscal 2014 coupled with consistently balanced general fund budgets; • Very strong liquidity with strong access to external liquidity; • Very strong management conditions with strong financial management policies and practices in place; and • Strong debt and contingent liability profile with rapid principal amortization." Honorable Mayor and Members of Council March 12, 2015 Page 2 Standard & Poor's noted it was unlikely there would be a significant deterioration in operating performance or reduction in liquidity or reserves, but stated deterioration in these conditions could lead to a lower rating. It was also noted that substantial economic growth, holding all other factors equal, could lead to a higher rating. Several City of Roanoke departments were involved in either the rating update presentation, providing information for the presentation, or both. I would like to thank everyone who participated. I would also like to thank City Council for their leadership and commitment to good governance, which enables City staff to develop policies and practices that help maintain the City's bond rating. A strong credit rating allows the City to make investments in and for the community at a lower cost of financing. Please let me know if you have questions or if I can provide additional information. Sincerely, zY at a 0 amoto,C2 Barbara A. Dameron Director of Finance Attachments Ili: ``its , . . 1 11 ,..,,Z.:',.! ' _ .., {._. `ts$ ir4; c q 1 � fix ,.. »► " i ♦ — �. .. ,,.5 I _ t£. �= fir ' •� ij git . It -_ Ill° ate - = I i ` ` Sit 1 - 1 SLOZ `61^ A enagaj s6uiRIEi ualld 04 uoi4s4uasaad vA ' eoueoj amoueou I 1 • 3 MN C IL—II l r.__J l __l is i e i L J 1 1 1 1 1 1 1 1 l 1 I 1 ! L k 1 WU is &. r Wrir ROANOKE Presentation Team City of Roanoke, Virginia Christopher P. Morrill Barbara Dameron, CPA City Manager Director of Finance 26 years of experience 25 years of experience R. Brian Townsend Sherman M. Stovall Assistant City Manager Assistant City Manager 25 years of experience 28 years of experience Wayne F. Bowers Director of Economic Development 41 years of experience Public Financial Management, Financial Advisor Kevin Rotty Kristy Choi Managing Director Senior Managing Consultant - l 1 - M M M MI MP.°dal ROANOKE Table of Contents I . Overview II . Financial Update III . Capital Improvement Plan & Debt Management IV. Economic Update V. Series 2015 Bond Sale & Conclusion MOIAJOAO • _ . . .... , _ ' '' --• ------ ..k. - • .. . , • - - -,------ ii.:,....-- ... 01,1' "f, 11111416.- ', ''' '''..... .%44*.X X4-77 - ; •- ' - -- -; i''t - - ...- -. ... , - ..., .. . . , , : .. , . FIA Ng 1 Nara ROANOKE Executive Summary • The City's culture of planning and making strategic investments continues • The City's overall tax base remains stable • The City has one of the most diverse economies in Virginia • Finances are sound and the City continues to demonstrate fiscal discipline and adherence to its policies • The City's unemployment rate continues to trend downward and below the national levels 1 ROANOKE Innovative Initiatives to Promote Small Businesses • The City was selected to be one of eight cities in the Small Business Administration's pilot program, ScaleUp America • The City's support of and partnership with the new Grandin CoLab helps small businesses to grow and expand • Culture of planning and strategic, targeted investments within the City will continue to drive sustainable growth • Continued growth of biomedical research facilities will promote increases in startup companies within the industry 2 Ikea a-i MN IIIIII IIIIII IIIIIII IIIMI • NM I MS E MI NM MI = I __si s�� lirlirli ROANOKE Transportation Initiatives The Commonwealth continues to invest in the City's transportation initiatives TARGET 1 wValley View Boulevard Interchange Improvement — State funding of $64 million to complete the partial interchange at BEST BUY \ Valley View Boulevard, improving access to a major retail center se;,; and providing access to approximately 130 acres of privately --__ _ � owned developable vacant land - -telly ,41111 • Elm Avenue Interchange Improvements — State funding of wk `:••j r : approximately $23 million to improve one of the interchanges °'�E` 1RI" ST{MPS i°� that serves as a transportation corridor into the Central Y . I . Business District ,F • Rail Infrastructure Improvements — State funding of 73 approximately $93 million for rail infrastructure improvements to support the return of passenger rail service to Roanoke .E, - ¢ ::y n 4.�.I es"" • Roanoke is part of the 1-73 Corridor, which will improve the transportation network and result in enhanced economic development opportunities. The General Assembly created a Joint Subcommittee to study and develop a strategy to enhance Welcome to the future 1-73 corridor the project 3 IPAP11.111141 ROANOKE Select Awards and Achievements • Recognized with the Outstanding Achievement Award in the 2014 City Livability Awards Program by the U.S. Conference of Mayors — the Parks and Arts initiative was the city program highlighted for the award • Received 41 GFOA Certificates of Achievement for Excellence in Financial Reporting and 29 consecutive GFOA Distinguished Budget Presentation Awards • Named one of America's Best Small Cities on the Rise by Smarter Travel in July • Ranked in the Top 10 Digital Cities for the fourteenth consecutive year • Nationally or internationally accredited departments: Fire/EMS, Police, E-911 , Sheriff's Office, Building Inspections, Parks and Recreation, Police Training Academy (ISO 2 in Fire and ISO 1 in Commercial Properties) 4 • - - - MN NM M 11= 16-41 I I " - ,..;;:.4:tvitil'4,:\ ..,i...wq... ir.:* ' 1 I 11.4' I I - %• , k 1 1 I I ) il I 4—•0 CU 13[ ...„..."<7 \\kj = ..—.. 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III ' : . ,i- • \ 1 i • wfl , t",, . i r : • o i 1 • •' • , • $ c , r it r_..i i r-i • FY 2013 & FY 2014 ROANOKE General Fund Revenues ➢ The City's General Fund Revenues FY13 Actual FY14 Final vs. FY14 FY14 Budget vs. increased by 1 .9% General Fund Revenues FY13 Actual Budget FY14 Actual Actual FY14 Actual compared to FY13 General Property Taxes 105,475,896 105,388,000 106,192,008 0.7% 0.8% Other Local Taxes 72,597,560 74,518,000 73,384,932 1.1% (1.5%) ➢ The City's General Permits, Fees, and Licenses 966,903 1,034,000 1,092,534 13.0% 5.7% Fines and Forefeitures 1,439,961 1,592,000 1,209,575 (16.0%) (24.0%) Property Tax revenues, Revenue from Use of Money and Property 149,019 214,000 211,268 41.8% (1.3%) which represent 41% of Charges for Services 10,919,251 11,195,000 11,066,281 1.3% (1.1%) Intergovernmental 62,464,181 65,867,000 65,498,375 4.9% (0.6%) the City's total General Miscellaneous 579,619 550,000 613,058 5.8% 11.5% Fund Revenue, Transfers 81,916 266,126 266,126 224.9% - increased modestly by Sub Total 254,674,306 260,624,126 259,534,157 1.9% (0.4%) 0.7% compared to FY13 Source: Comprehensive Annual Financial Reports, FY13-14. 6 IliffillusuP -1_____,. FY 2013 & 2014 ROANOKE General Fund Expenditures FY13 Actual ➢ FY 2014 expenditures FY14 Final vs. FY14 FY14 Budget vs. increased 1.7% from General Fund Expenditures FY13 Actual Budget FY14 Actual Actual FY14 Actual FY2013 General Government 12,841,798 14,635,810 14,167,002 10.3% (3.2%) Judicial Administration 8,086,630 8,294,340 8,250,037 2.0% (0.5%) > FY2014 expenditures Public Safety 61,896,070 64,302,738 63,919,991 3.3% (0.6%) Public Works 23,842,020 26,091,284 24,857,169 4.3% (4.7%) were 1.4% below Health and Welfare 34,908,498 36,360,315 36,044,982 3.3% (0.9%) budget Parks, Recreation and Cultural 9,365,870 9,776,963 9,640,580 2.9% (1.4%) Community Development 6,176,126 7,365,739 7,297,301 18.2% (0.9%) Schools 73,870,214 74,366,181 74,366,181 0.7% - Transportation 1,654,105 1,527,146 1,527,146 (7.7%) - Transfers 21,495,122 19,465,666 18,423,555 14.3% 5.4% Total 254,136,453 262,186,182 258,493,944 1.7% (1.4%) Source: Comprehensive Annual Financial Reports, FY13-14. 7 ih.A 164 1•4111 iii....4 11-11 MO 11111111111•1111111 =111111111111•11111111111111111111—ali—A I. Write ROANOKE FY 2015 Adopted Budget • Total FY 2015 General Fund Budget of $260,147,000 • Implementation of Stormwater Utility Fee • Continued commitment to fund Roanoke City Public Schools • Continued targeted incremental investment in Infrastructure, Livability and Economy 8 ROANOKE FY 2015 YTD General Fund Results • As of January 2015, property and other local taxes are showing an increase of 3.7% compared to FY 2014 • As of January 2015, total General Fund Revenues have increased 4.1 % compared to FY 2014 • Expenditures are proactively managed to remain within adopted budget level or revised revenue outlook as appropriate • Positive outlook for FY 2016 and beyond • Strategic wage increases under consideration • Use of Municast to project 5 years of operating expenses and utilize data to strategically plan for operating needs Source: City of Roanoke 9 IN.111 111111 MN MINI 1.-41 in I7 rni WI sr" Taxable Real Estate Assessments and ROANOKE Tax Rates 8,000 ( $1.40 ➢ Real Property Assessed Value grew 36.0%from 7,000 4.9% 2.0% 1.6% -0.1% -1.0% -0.7% 3.1% 0.0% FY 2005 to 2014, an $1.20 average annual growth of 7.2% I 1 3.6% 6,000 9.0% I ➢ Reassessments 8.9% - $1.00 3 conducted annually and 5,000 assessment cycle - $0.80 i enables a high degree of m budget certainty o 4,000 a w - $0.60 0° 3,000 L a� $0.401 2,000 1,000 - $0.20 0 - - $0.00 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Fiscal Year aimi Assessed Value (Real Property Tax Rate Projected 10 Source: Comprehensive Annual Financial Reports, FY 05-14. Projections by Office of Real Estate Valuation, FY15 - FY16. Willui 1 ROANOKE Residential Real Estate • Median sales prices have increased by 0.7% in CY 2014 from CY 2013 • Number of foreclosures have decreased 43.9% in CY 2014 from CY 2013 P, Calendar Year to Date* 2012 2013 2014 MARKET ST SE1 ' Valid Residential Units Sold 475 639 602 I �. Number of Foreclosures 283 310 174 Foreclosures as a % of 0.9 /° 1 .0 Total Residential Units ° /° 0.6% Median Sales Price $132,000 $137,000 $138,000 *All Calendar Year data represents activity from January 1 to October 31.Total number of residential housing units= 30,101 in CY 2014. Source: Proval Database. 11 Loma OM M MN MIN NM k 1 L i I--4 f I rs is IM1111 ROANOKE General Fund Revenue Trends ➢ Other Local Taxes include 2% Eat $300 for Education Meals Tax of % 0.2% -1.5% 1.9% 0.2% 1.1 $4.58m in FY11 & $4.92m in FY12 $250 ➢ Intergovernmental revenue includes Daycare revenue of $200 approximately $3m in FY08 — 11 & $1.77m in FY12 (1/2 year worth of revenue in FY12) $150 O ➢ FY13, FY14, and FY15 Adopted Budget does not include 2% Eat $100 for Education Meals Tax or the Daycare revenue $50 $o , 2010 2011 2012 2013 2014 2015 Adopted Budget •General Property Taxes •Other Local Taxes •Permits,Fees and Licenses •Fines and Forfeitures Rental Income •Investment Income •Intergovernmental •Charges for Services •Miscellaneous Source: Comprehensive Annual Financial Reports, FY 2010—FY 2014,Adopted Budget FY 2015. 12 Note: Percentages above bars refer to annual percent change. ROANOKE Real & Personal Property Tax Revenue $120.0 —> Average annual growth in 1.4% 1.3% -0.4% 0.7% -0.1% property tax revenue 1.4/a from FY 2010 to FY 2014 $100.0 was 0.8% ➢ FY 2014 property tax revenue was $80.0 approximately 41%of total General Fund revenue $60.0 c 0 II II $40.0 1 $20.0 $0.0 2010 2011 2012 2013 2014 2015 Adopted Budget Fiscal Year Source: Comprehensive Annual Financial Reports, FY 2010—FY 2014,Adopted Budget FY 2015. Note: Percentages above bars refer to annual percent change. 13 I I' O — - - ■ 11 r - - r - - - - i- 1 ROANOKE Other Local Tax Revenue gstwommyr, $80 ➢ The City has a diverse group of 2.1% Y 9 p 1.6% 2.7% 1.1% 0.5% local taxes $70 • Other local tax revenue includes sales, utility, cigarette, $60 - recordation, BPOL,transient, admissions, telecommunications, motor $50 vehicle,franchise,food & c beverage and bank stock tax, $40 with sales tax being the largest c source in this category $30 ➢ FY 2014 other local tax revenue was 28%of total $20 General Fund revenue $10 $- 2010 2011 2012 2013 2014 2015 Adopted Budget •Other Local Taxes •Eat for Education Meals Tax Source: Comprehensive Annual Financial Reports, FY 2010—FY 2014, Adopted Budget FY 2015. Note: Percentages above bars refer to annual percent change. There was a 2%meals tax rate increase dedicated to Roanoke City Public Schools in FY 11 & 12. Percentage represents 14 growth excluding 2% component for the Eat for Education Meals Tax. �T « . General Fund Expenditures RQANOKE ➢ Schools include 2% Eat for $300 — -- Education Meals Tax of $4.58m 1.3% 0.9% -1.6% 1.7% 0.6% in FY11 & $4.92m in FY12 $250 ➢ Health & Welfare expense for Daycare of approximately $3m $200 in FY08— 11 & $1.77m in FY12 (1/2 year worth of expense in $150 FY12) N ➢ FY13, FY14, and FY15 $100 Adopted Budget do not include 2% Eat for Education Funding 4a $50 $0 2010 2011 2012 2013 2014 2015 Adopted Budget •General Government •Judicial Administration •Public Safety •Public Works Health and Welfare •Parks, Recreation and Cultural Community Development •Greater Roanoke Transit Company Schools •Other •Transfers ■2015 Adopted Budget Source: Comprehensive Annual Financial Reports, FY 2010—FY2014,Adopted Budget, FY 2015. Note: Percentages above bars refer to annual percent change. 15 --� 16411 M O — — I — lip — • — MIA — — I i 1_„ a Reserve Policies ROANOKE Multi-Year Funding Plan Unassigned General Fund Reserve Policy Target Anticipated Completion Date 10% of General Fund Expenditures Met Policy since FY 2011 Risk Management Reserve Policy Target Anticipated Completion Date 25% of 3-yr average of self-insured claims costs + 10% of 3-yr average of fully insured FY 2021-2023 premiums + $1 million catastrophic reserve Economic Downturn Reserve Policy Target Anticipated Completion Date 5% of the current year's General Fund After the Risk Management Reserve Expenditure Budget is fully funded 16 ROANOKE General Fund Reserves ➢ The City met its 10% Unassigned General Fund Balance as a % of reserve target fora General Fund Expenditures fourth consecutive year 12.0% Roanoke's total fund 10.0% balance grew from Reserve 10.0% $44.8m in FY13 to 10.0% 10.1% 10.3% 10.4% o icy $53.1 in FY14 9.5% Floor 8.0% ➢ Roanoke Public Schools maintain 6.0% separate reserves outside of the City's General Fund 4.0% - Schools General Fund unassigned 2.0% reserve totaled $24.8 million as of FY 2014 0.0% 2010 2011 2012 2013 2014 •Unassigned GF Balance as a% of GF Expenditures •Unreserved, Undesignated GF Balance •Budget Stabilization Reserve as a % of GF Expenditures Source: Comprehensive Annual Financial Reports, FY 2010—FY 2014. 17 iii �a itvi Awl MO 111111 11.111 I &broil IrAl2 ROANOKE Available Fund Balance Beyond the General Fund Fund Balance FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 Reserved for Encumbrances 598,753 - - - - Unreserved Fund Balance 24,361,867 - - - - Committed General Fund Balance - 1,379,076 1,084,361 1,562,056 1,905,812 Unassigned General Fund Balance - 25,535,754 26,000,436 26,060,594 26,757,052 General Fund Balance 24,960,620 26,914,830 27,084,797 27,622,650 28,662,864 Restricted Debt Service Fund 1,213,260 1,133,011 1,317,554 1,493,056 1,406,148 Committed to Economic and Community Development Reserve in Capital Projects Fund 3,696,973 4,231,740 3,429,077 3,487,561 4,300,322 Cash and Cash Equivalents in the Risk Management Fund 11,922,250 5,918,275 6,730,755 12,217,731 18,728,642 Available Fund Balance $ 41,793,103 $ 36,818,780 $ 37,477,822 $ 43,258,942 $ 51,192,164 General Fund Revenues 255,112,637 257,953,924 258,513,070 254,592,390 259,535,157 General Fund Balance as % of General Fund Revenues 9.8% 10.4% 10.5% 10.9% 11.0% Available Fund Balance as % of General Fund Revenues 16.4% 14.2% 14.5% 17.0% 19.7% Source: Comprehensive Annual Financial Reports, FY10- 14. 18 IOW ROANOKE City of Roanoke Pension Plan • Cost-sharing multiple-employer plan • Historically, the City has always fully funded its annually required contribution • In July 2012, City Council adopted retirement benefit changes following an extensive employee dialogue process spanning two years • Plan changes phased in over several years and costs are expected to decline in the long term, while there is an increase in costs in the short term until cost-saving changes are implemented • As of FY 2014, the City's funded ratio is 67.8% which reflects the benefit changes, and is an increase from the FY 2013 levels of 66.9% • The Pension Plan's investment performance has well exceeded the plan discount in 4 of the past 5 years Rate of Return FY 2014 21 .3% FY 2013 15.7% FY 2012 3.0% FY 2011 25.2% FY 2010 12.2% 19 N = MI - - r NM NM OM — MN MI MO — b—ao f 8 City of Roanoke Pension Plan : ROANOKE Projected Contribution & Funded Ratio City of Roanoke Pension Plan Contribution Rate as a Percent of Payroll 25 00% 22 23% 20.64% 1917% 16.18% 20 00% 1701% 1575% 15.30% 1494% 1482% 1433% 1406% 1381% U.56% 7338% 13.19% e 15 0040 _ --- _. Lao 0 G• 10 0040 I II 500% 3 385 24% 342% City of Roanoke Pension Plan 2015 2018 2017 2018 2018 2020 2021 2022 2023 2024 2025 2028 2027 2028 2029 Projected Funded Status Fiscal Year Ended $700 ,.. _._.______ •Fmployee Contribution •Employer Contreufon $600 • ____. ..._........_.............__ _. iifflflhIiflfl 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Fiscal Year Ended 20 Source: Cheiron. •Actuarial Accrued Liability •Actuarial Value of Asset L Note:This assumes all actuarial assumptions are realized, including investment performance equal to actuarial assumed rate of return of 7.75% Iff0711111-1R1 ROANOKE Other Post Employment Benefit Plans • City adopted a Post-Employment Health Insurance Plan — The Plan provides eligible retirees access to health insurance at a blended rate until age 65, creating an implicit rate subsidy — The City has funded the Post-Employment Health Insurance Plan at or above the annual required contribution since inception • Line of Duty Benefits — The City provides benefits to eligible public safety employees as required by State statute — Based upon extensive cost analysis, the City elected to self-fund Line of Duty benefits — The City's policy is to fully fund the actuarially determined contribution on an annual basis Source: Comprehensive Annual Financial Report, FY14. 21 luawa6euen lqa ueid luawanaidwi ieHdeo .111 ......_ ;,,.„,---- - A'4%Saebr'' ,.., ..••• *. - , 14.1 r* ? Nr• ..' - . . ,--- .---- ■:1;''"te-,12_,,L7 . . ,rip t r,... 7, MN NM NM INN 11111111111111111111 •11111111111111111MLA INNIIIIIIILIIIIIIIIIIIIIIIIIIIINIIIM - WU i-a L ..___�i 'I- F I I ./► Adopted Five-Year Capital ■11■07. Improvement Program (FY 15-19) ROANOKE Civic Center ➢ Continued focus on Fund maintaining City's ° assets with targeted Buildings 14% investments in FY 2015-FY 2019 Parks Livability and Project Uses Streets, ° 13/° Infrastructure Total = $134,047,395 Sidewalks, Bridges 39% Schools 21% Economic Development Storm Drains 1% 8% Planned Debt Issuance ($ in 000s) Project Category FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Total Buildings 4,093 2,857 2,720 2,170 5,500 17,340 Parks 1,000 1,000 2,500 2,500 2,500 9,500 Schools 5,000 8,500 5,000 5,000 5,000 28,500 Storm Drains 1,120 1,120 1,120 1,120 1,120 5,600 Streets, Sidewalks, Bridges 7,800 9,650 7,900 4,600 4,250 34,200 Civic Center Fund 1,000 1,000 1,000 1,000 1,000 5,000 Grand Total $ 20,013 $ 24,127 $ 20,240 $ 16,390 $ 19,370 $ 100,140 Source: City of Roanoke and Adopted Capital Improvement Program, FY 2015-2019. 23 Ili/ Ter 4.2 ROANOKE Debt Policies The City remains in compliance with each of its debt policies. Polic FY 2013 FY 2014 Net tax-supported debt as a percentage of the total taxable assessed value will 2.8% 2.7% In Compliance In Compliance not exceed 4% Net tax-supported general obligation debt service shall not exceed 10% of 9.5% 9 1 In Compliance In Compliance General Fund expenditures Not less than 60% of the outstanding tax- supported debt will be retired within 10 75% 76% In Compliance In Compliance years 24 • I I MN E MI MI NM MI NM I IIIIIII NM r I ajepdn o!wouo33 .A1 ,_.: ;, ' 1 1 4'.'''.'''.>''':\..k•.'.''°' . .,.....Hr'<11 i/ ... ••• _ • ��y �y , . ./".• '\,k/iir".".......-''..."..'"‘ • MN MN MN 111.11 tY `. 3 MI MI _J i LJ ITP70 ROANOKE Economic Development Vision Cultivate a thriving business environment and innovative Continually strengthen workforce opportunities to Promote higher downtown ensure the prosperity of our education partnerships • Growth of downtown community • Roanoke Higher residential Education Center • Public and private • Virginia Tech Carilion investments Capitalize on position as Medical School and regional center Research Institute • Jefferson College • Western Virginia Regional Industrial Facility Authority Encourage formation and • Intermodal freight facility Expand tourism in the growth of information leadership role based businesses region • Support of Grandin CoLab • Expanded marketing program • Roanoke Valley Broadband • Construction of new hotels Authority 26 W19111111"e-0- Features Attractive to Business ROANOKE Cost of Living • A moderate cost of living (89.9% and 91 .4% of the national average cost of living in 2013 and 2014 according to the ACCRA COLI Index, respectively) • Roanoke Region's housing costs are 12% lower than the national average according to the 2014 Q2 ACCRA COLI Index • Roanoke Metro Area's gross metropolitan product increased 3.6% from 2012 to 2013, the second leading growth rate in Virginia • Third ranked digital city in the 75,000 to 124,999 population category; 14th consecutive year the City has been in the top ten ranking by the Center for Digital Government 27 k-ii 14.41 MI 1.1 111111 11.111 MO MI ME ME ME ME ME MIN _gamin* 1 Features Attractive to Business ROANOKE Higher Education • Over 22 colleges and universities within 60 miles of Roanoke including Virginia Nr7" Tech, The Virginia Military Institute, Roanoke College, Hollins University, r Washington & Lee University, Radford University, and Ferrum College • Roanoke Higher Education Center offers access to higher education providing undergraduate, graduate and professional programs offering over 175 programs of study through the Center's 14 partner institutions of higher education • Jefferson College of Health Sciences enrolls 1 ,131 students in undergraduate and graduate programs, employing 75 full-time faculty • Virginia Western Community College with 12,849 full and part-time students and 271 Iptif full-time employees is a two-year public institution of higher education operating under Virginia's Community College System • $5.5 million expansion of the Al Pollard Culinary Arts Program at Virginia Western Community College rJ • Virginia Tech initiates new doctoral program in Transitional Biology, Medicine, and Health '., • 28 1 AdWi I UPI I k.w 1 I ROANOKE Employment and Labor Market > The City's economic profile consists of diverse Employment by Industry employment by industry, with no employment sector more than 18.5% of the total employment Number of Employer Rank Ownership Employees** Carilion Clinic* 1 Private 6,600 Roanoke City Public Schools* 2 Local Govt 2,009 Norfolk Southern* 3 Private 1,696 City of Roanoke* 4 Local Govt 1,604 Advance Auto Parts* 5 Private 1,600 United Parcel Service 6 Private 854 •Accommodation and Food Services (9.5%) Administrative and Support and Waste Management (4.8%1 Kroger* 7 Private 562 •Arts.Entertainment,and Recreation (0.7%) •Construction (5.6%) US Postal Service* 8 Federal Govt. 561 .Educational Services (0.6%) ■Finance and Insurance(4.3%) Anthem* 9 Private 559 .Health Care and Social Assistance (18.5%) ■Information (1.3%) Walmart 10 Private 527 .Management of Companies and Enterprises (4.4%) •Manufacturing (61%) •Other Services(except Public Administration) (3.9%) Professional.Scientific,and Technical Service (4.5`0) United Health Group 11 Private 521 •Public Administration (13.1%) Real Estate and Rental and Leasing (1 4%) Friendship Retirement Community 12 Private 513 *Retail Trade (12.0%) Transportation and Warehousing (6.0%) Steel Dynamics* 13 Private 420 •wholesale Trade (3.4%) Eaton* 14 Private 363 Virginia Transformer* 15 Private 340 Source: Comprehensive Annual Financial Report, FY14 and Virginia Employment Commission—2nd Qtr.2014 Census of Employment and Wages. No data available for the Utilities, Mining,and Agriculture/Forestry/Fishing/Hunting industries *Denotes employers that have been in the City for 25+years. 29 1r1 iII I' -1 Wire ROANOKE Adjusted Per Capita Personal Income The City's Cost of Living Index is 90% of the U.S. as of 2013. Although Roanoke's Adjusted Per Capita Personal Income 550.000 $47,890 nominal per capita income $ $46,010 46,768 trails the National PCI, the $45.000 $44,659 $42,655 City's favorable Cost of $41.694 ' $44,765 Living Index provides 540.000 �� $40,843 $37,48 residents greater purchasing power $35.000 — — $30,000 $25,000 _.._._..... $20,000 $15,000 $10,000 $5.000 -- $0 2009 2010 2011 2012 2013 Year mem Roanoke(Unadjusted) Boom Roanoke(COLT Adjusted)'-Virginia (COLT Adjusted)-US-Roanoke MSA (COLT Adjusted) Note:Shaded light blue bars adjust Per Capita Personal Income data for cost of living index for Roanoke.As of 2013 Q2, Roanoke's cost of living index was 89.9%of the US, whereas Virginia's cost of living index was 119.58%of the US. 30 Source: Bureau of Economic Analysis.Council for Community and Economic Research. Roanoke region MSA includes Roanoke, Botetourt, Craig, Franklin and Salem Counties. ROANOKE Carilion Clinic • Headquartered in the City of Roanoke • $16 million Ambulatory Outpatient Center, projected opening early CY 2016 • Provider of health care services to western Virginia and is the first Level I _ Trauma Center in southwest Virginia —the highest designation for trauma • care =t V • Major economic driver responsible for job growth and development with substantial investment along the South Jefferson Street corridor • Partnership with the $59 million Virginia Tech-Carillon School of Medicine and Research Institute, a 4-year medical school (VTCSOM) and research C - institute (VTCRI), created one of the nation's premiere biomedical research environments • 176 staff members; 23 research teams administering research grants with , " y = -- an annual value of $14 million; a multi-year portfolio of $48 million pending; 3 bio-technology start-up companies established in Roanoke 31 RQANOKE Projects Recently Completed 1 . Valley View Hampton 1 3 4 1 R � �; Inn & Suites ' iii III : 1 �� 1 r 1 lt � S ti 2. Ponce De Leon (former r t r r ,I,,,I�I� ����, ,I 1 �� Crystal Towers) i v r #��������r�„�,1"1„��1 :i nUi ,n 1111 y y, ., .. , 1111 k,r. .! 1 • 1 L iiiiil11;1;If�;�111t111 3. Poff Building 1 ;1�1�IIuU1�= saliiml` � ` � i 4. Horton Building (302 1st . ;` .;i II r11. ,, 1 ,, Street) - " _ 5 0 6 7 8 5. Main Library Renovation . ,. ., y � 6. Market 1 e Square , - 7. Krispy Kreme _ - - ,.<-,- ,d ',�n11�1 .�t,. , II It it _ r Retail/Production 1 •°; ti J.i 1I - 8. 425 Campbell Ave b ' - 1, ,� �'' 'ICI i 11 L tie 1 ! A �..�+ mss 32 Under Construction or Nearing Projects ■ ll► ROANOKE Completion 1 . Market Garage Hotel 2 2. Former Health l �,r II' tlil! 3 _ Department f � t" --� 3. Walmart Neighborhood f� Markets — Orange Ave . ,r A air 4. Walmart Neighborhood ;' ; . ._. " Markets — Dale Ave E /' , 5. Planet Fitness 4 ' 6. Hayley Toyota Dealership `� ' '.. �;' ; 7. Huff Lane development a limmil ��� 1, 33 tio ROANOKE Downtown Residential Project • Recently announced residential (69 apartments) and commercial (8,000 sq. ft.) project at 206 Williamson Road _ • Will replace a City owned surface parking lot with a fi . 01p_ `=gip'" � $7.4 million private investment — - l m • High quality new construction that continues t,,a residential growth trend in downtown • Groundbreaking scheduled this spring with completion planned for April 2016 „ kt ;4x,eanrsr z a E...4fflif li%r iL 34 The Bridges Mixed-Use Development ROANOKE Project • With the start of construction in June 2013, the 22-acre mixed-use project is the largest development of its kind in the City and will include apartments, restaurants, offices and retail ows- space • Over the next decade, The Bridges is planned to grow to 1 yY million sq. ft. of residential, retail and office space that will connect downtown with the Roanoke River • Phase 1 will include a 6,684 sq. ft. restaurant/coffee house, f. 401 31 ,000 sq. ft. of commercial space, office space, and a 139,084 sq. ft. 157-unit apartment building • 22 apartments have been completed and occupied and expect rri 0. THE BRIDGE S full occupancy by mid-2015 • Starbucks opened in December 2014 and two fast casual restaurants planned for 2015 • Phase 2 now under construction involves renovation of an old trolley barn into 24,000 sq. ft. of office space • Plans recently announced for a 2.3 acre outdoor festival venue to be operational by summer 2015 35 16.11 MN MI MI NM NMI EN RN NM MN SE I r-`'l milli ROANOKE Grandin CoLab • The City partnered with the Grandin CoLab in 2014 to support small business and entrepreneurship in the Roanoke area • CoLab is a co-working space, event venue and resource hub for Lab.innovation Co RE Arc coLLAi . MINIM • CoLab opened in March 2014 in a 10,000 square foot renovated inimom e=MINN space in the vibrant Grandin Village area • In December 2014, CoLab opened a second location in Downtown Roanoke • Currently, CoLab has about 60 members and hope to add another 40 in the coming year Join the Movement • CoLab collaborates with Virginia Western Community College tom,.,,,. offer seminars on how to succeed in owning a business and provide =*•s, small business and startups the resources of an office without the upfront costs � _ r • CoLab aims to bring together community leaders, entrepreneurs, Experience CoLab / and freelancers into a collaborative environment 36 ROANOKE ScaleUp Roanoke Valley • Roanoke was selected, along with seven other cities, out of over sixty applicants to participate in the U.S. Small Business lir117111111111,, Association's (SBA) ScaleUp America program VIRGINIA • ScaleUp America is a new initiative designed to provide the SBDC ROANOKE necessary support to help companies grow, strengthen ROANO,„ entrepreneurship, and create measurable economic impact and job o", growth in local communities 2 • ScaleUp Roanoke Valley is a collaboration between the City, the v us.smallBusincssAdministmtiore 42.0 VirginiaTech SBA, Virginia Tech, Grandin CoLab, and other partners to provide 1838 Vir glnvent the Future services such as: ROANOKE REGIONAL =MIMI • Business development :'!*► Co— Lab. • Entrepreneurial workshops CHAMBER IMMIMM/ =ME • Peer-to-peer problem solving • Ways to identify capital and resources • First cohort of 12 businesses announced on January 28, 2015 37 INN OM MN IIMI • . 1 I I I I II I I - 1 11.911 �A r k - - e a I - s r l rl ROANOKE Roanoke Acceleration Center • Public-private partnership located in 11 ,000 sq. ft. downtown building • State grant to fund $600,000 renovation pending • Owned by City and operated by Roanoke Blacksburg Innovation Network • Will grow 3 to 5 early stage companies per year II . 1 ILI asialp i y " ■ ■ ■ = a, ■ ■ X11 ■ ' or 38 ROANOKE Office Market Occupancy City's Central Business Office Market Occupancy Rate District Occupancy Rate 100.0% has remained above the Regional Office Market 90.0% — -- � --- Occupancy Rate since 2003 80.0% — — --— — D Regional Office Market 70.0% Occupancy Rate has been consistent over the 60.0% past ten years averaging 93% occupancy 50.0% —40.0% 30.0% • • 6▪ 11111, 20.0% is ea▪ In 11 NO ■ ; 10.0% - -• ■ r • • ■ ■ ■ ■ 0.0% ■ • a 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 IIII Regional Occupancy Rate —City of Roanoke Central Business District Occupancy Rate Note:2008 regional decline was due to 160,000 sq.ft. of office space vacated in Roanoke County. 39 Source: Poe and Cronk Real Estate Group(2015 Report). M — 1.111 Ihril ii r MI !• I l 116.11 r IBM I It I _� ROANOKE Building Permit Values $250 $233 Building permit values are consistent with historical averages $200 $193 Since 2003, commercial construction value has averaged $115 million $144 annually and residential $150 — construction value has $123 averaged $22 million o $109 $104 $107 annually F- $100 — $81 $69 $50 -- $47 24 30 24 29 24 25 16 15 t 21 21 10 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 YTD Fiscal Year •Commercial Construction Value •Residential Construction Value Note: 2015 YTD data represents through January 31,2015. 40 Source: Comprehensive Annual Financial Report, FY14 and the City of Roanoke Department of Planning, Building and Development. ROANOKE Building Permit Activity 800 754 > Building permit activity consistent with historical 697 709 693 709 700 - 673-- 686 averages 663 610 600 — -- II r 49 51- 1 rrrr .• 500 45' 400 50 31. 300 200 100 0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 YTD Fiscal Year •Commercial Construction Permits •Residential Construction Permits Note:2015 YTD data represents through January 31,2015, 41 Source: Comprehensive Annual Financial Report, FY14 and the City of Roanoke Department of Planning, Building and Development. ' r1111161111•11111411111111111111111111111 uoisniouo3 li• ales puoe g Loz sepas .A - -.. . „.... _ .... . •::;.:, ' .---, .72, .-. " •. -?--. 'r17 lw."""-" tairi.r.. ...t..- 71/ - '• il.'ly .,. ...... .. . ..............,...,,_ .,,,.:,..:31.„____ _... ....-.\s■,,j, \v/ ., ,. ..4,. i i i 11 . 1 f i i i i i 1 i II I . 1 ROANOKE Series 2015 Plan of Finance & Schedule • Issuance of new money bonds to generate $20 million in proceeds to fund City & School projects • $9.6 million in tax-exempt refunding bonds to advance refund the City's outstanding General Obligation Bonds, Series 2008, 2008B (originally issued through the Virginia Resources Authority) and 2012A • Projected NPV savings total $530k, or 5.5% of refunded par • No extension of maturity • Ratings requested NLT Monday, March 2 • Competitive Bond Sale scheduled for Tuesday, March 10 • Anticipated Closing on March 25 43 `Preliminary, subject to change. IW"w44.; ROANOKE Conclusion • The City continues to serve as the regional hub • Planned, strategic investments promote successful economic development in the City • Strong leadership and proactive management serve as a solid foundation • Finances remain resilient supported by stable tax base :rte S. /• V a • _ R •ism �� 45 - - L4 11111 INN 111111 v Pv 4E7014 CITY OF ROANOKE it OFFICE OF THE CITY CLERK } 215 Church Avenue, S.W., Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 SI'1?PIIANIIi M.MOON REYNOLDS,MMC cicrk(r&roanokcva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk March 19, 2015 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: I am attaching copy of Resolution No. 40187-031615 setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2015 tax year. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015. Sincerely, Stephanie M. Moon Reyno , MMC City Clerk pc: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, City Treasurer Amelia C. Merchant, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 2015. No. 40187-031615. A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2015 tax year. WHEREAS, in accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or "PPTRA") of Chapter 951 of the 2005 Acts of Assembly, qualifying vehicles with a taxable situs within the City commencing January 1, 2015, shall receive personal property tax relief; and, WHEREAS, this Resolution is adopted pursuant to Ordinance 37221-101705 adopted by City Council on October 17, 2005. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That tax relief shall be allocated such as to provide 100% tax relief for qualifying personal use vehicles valued at $1,000 or less. 2. That qualifying personal use vehicles valued at $1,001-$20,000 will be eligible for 49.00% tax relief. 3. That qualifying personal use vehicles valued at $20,001 or more shall only receive 49.00% tax relief on the first $20,000 of value. 4. That all other vehicles which do not meet the definition of "qualifying" (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PP'TRA funds allocated to the City of Roanoke by the Commonwealth of Virginia. ATTEST: n ytail City Clerk. 2 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 16, 2015 Subject: Adoption of Tax Year 2015 Personal Property Tax Relief Act (PPTRA) Percentage Background: The PPTRA was enacted in 1998 and provides for a measure of personal property tax relief based on assessed motor vehicle values. (Vehicles valued at $1 ,000 and below are exempt from taxation.) The amount of relief each locality receives from the Commonwealth has been fixed since 2006 (Roanoke currently receives $8,075,992 annually). Considerations: City Council is required by the Commonwealth to annually adopt a resolution setting the percentage reduction in personal property for that year. City staff computed the effective reimbursement rate using the PPTRA Allocation Model, developed by a working group of local officials and used across the Commonwealth. The percentage reduction is calculated to distribute the $8,075,992 block grant allocation from the Commonwealth in an equitable manner. The allocation model applies a five year average of personal property data to the vehicle levy from the prior year. When the prior year levy and the calculated averages increase, as is the case this year, the relief percentage decreases. Since there is a fixed grant amount, the higher the levy, the smaller share each taxpayer receives. The rate as computed for tax year 2015 is 49.00%, down from the 2014 rate of 58.37%. Recommended Action: Adopt the attached resolution which establishes the percentage reduction for personal property tax relief at 49.00% for the City of Roanoke for the 2015 tax year. y✓C4 lk BBarbara A. Dameron Director of Finance Distribution: Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, Treasurer Council Appointed Officials Amelia C. Merchant, Director of Management and Budget T Iv '1 0 Illr'' IL v, 1 N 4 , ., , ,., i , 1 .1C Pr II q , lif , it, ,, 40400 t ca s 7 c 114 -''' - 0 ca yam . T N CD T O U Mz N CC� W LL C Agenda • Budgeting for Outcomes Update • Revenue Adjustments • Balancing 2 2 BFO Process Update • Where We Are Now — Priority Teams made final funding recommendations to Budget Committee — Revenue updates — Budget Committee made further expenditure adjustments and developed balancing options 3 3 Revenue Adjustments Since March 2nd $Growth/ FY15 FY16 $Growth/ FY16 (Decline) Adopted Estimate (DecNne) Estimate from FY15 as of 3/2/16 from 3/2116 as of 3/16/16 Adopted Estimate Budget General Property Tax 5106,079,000 S 107,601,000 $ 226,000 $ 107,827,000 1,748,000 Other Local Taxes 73803,000 75.754,000 75,754,000 1,951,000 Permits Fees and Licenses 1.136.000 1.195.000 - 1,195.000 59,000 Fines and Forefeittaos 1.276.000 1.259,000 - 1,259000 (17,000) Revenue from Use of Money/Property 185,000 161,000 - 161.000 (24.000) Health and Welfare Funding from Corrrnonwealtn 27,910,000 29,070,000 - 29,070000 1,160,000 Other Funding from Federal and State 38,728,000 40,008,000 40,008,000 1,280,000 Charges for Services 8,141,000 8,261,000 158,000 8,419,000 278,000 Internal Services 2,285,000 2.520,000 - 2,520.000 235,000 Other Revenues 604.000 649,000 - 649.000 45.000 Total General Fund Revenues 3260,147,000 $ 266,478,000 $ 384,000 $ 266,862,000 $ 6,715,000 4 Initiatives for Service Sustainability RCPS r 1,510,000 Human Services-CSA(30%local share),Adoption(100%state 1,447,365 funded),Youth Haven(100%local share),Family Services Specialist (21%local share) Public Safety Body Camera Management 35,926 Fire/EMS Peak Unit 129,180 Library Hours.Books and Materials,Youth Services 116.285 Convention and Visitors Bureau(by formula) 144,750 Capital Adjustments Fleet Replacement 1,057,887 Technology Capital 500,000 Capital Building Maintenance 400,000 Transportation Sidewalk Repair and Maintenance 150,000 Street Paving 651,000 Snow Removal 100,000 Competitive Pay and Benefits Salary Increase 3.381,713 Market Competiveness 207.878 Public Safety Adjustments ! 504,853 5 5 March 16 Reconciliation February 2"d Variance ($9,997,154) Adjustments Expenditure (2,945,254) Revenue Estimate 1,657,000 March 2nd Variance ($5,394,900) Adjustments Expenditure (740,038) Revenue Estimate 384,000 March 16'h Variance ($4,270,862) 6 Revenue History 259.3 260.5 260.1 259.5 260 254A 255 251.5 251.6 250.2 250 E. 245 tl 290 235 230 1.15 FY08 FY09 FY13 FY:1 FY12 FY13 FY14 FY1S (Adopted) Revenues for all fiscal years have been adjusted for tax rate changes and day care revenues for comparability nr^'in'represents inflation adjusted buying power in 2008 dollars 7 5 - Year Forecast REVENUES,EXPENDITURES &UNASSIGNED FUND BALANCE $350.0 $300.0 O $250.0 $200.0 $150.0 FT2015B FT2016E FT2016F FT2017F FT2018F FT2019F FT2020F acv VARIANCE $0.0 5(4.3) $(4.3) 5(3.3) $(4.1) 5(3.41 5(4.8) VAR BASE $260.1 $271.1 $271.1 $276.8 $285.3 $283.3 $303.8 -REVENUE $260.1 $266.9 $266.9 $273.5 $281.2 5289.9 $298.9 EXPENDITURES $260.1 $271.1 $271.1 $276.8 $285.3 $293.3 $303.8 8 8 Real Property Tax Neighbors and VA First Cities Hampton 1.24 Newport News 1.22 Norfolk 1.11 Portsmouth 1.24 Richmond 1.20 Roanoke City 1.19 Lynchburg 1.11 Roanoke County 1.09 Salem 1 18 0.0 02 0.4 0.6 08 1.0 1.2 14 $ Tax Rate per$.100 of assessed value. 9 Source.Weldon Cooper Center for Public Service 2013 Tax Rates 9 Real Property Tax Rate Comparison 1 24 Portsmouth 1.21 Hampton i 2Z Newport News 1.11 Nortek 11621111111. 80.15 1.19 Coy of Roanoke 0.20 0.40 0.80 0.80 1.00 1.20 1.40 ■Real Eslale Solid Waste Fee Portsmouth $400.32 $520;or$299 if a household + Hampton recycles at least twice per month $280.80-60 gallon cart; Newport News $351-90 gallon cart '10 Norfolk $327.36 10 Median Value Single Family Home 1]Sp00 171j38 131.274 132260 132.97 132261 fxa 096 130.000 12 704 124.171 124.171 175.000 170.000 115.000 110.000 moo° --- FY 07 FY08 FY09 FY10 FY11 FY12 FY13 FY14 FY14 R/E Tax paid on Median Value Single Family Home 1.590 1,569 1.574 1.574 1.575 1.570 y1/ increase o1524 from 1.562 FY14 rate 1 19.573 1.550 1,528 lower from peak year 1.5]0 FY11 tsln 1.496 1,502 1.490 ,Q3 1.17 1.450 FY07 FY06 FY09 FY10 FY11 FY12 FY 13 FY14 F1114 1.19 1.19 119 1.19 1.19 1.19 I.II 1.19 1.21 11 Meals Tax Neighbors and VA First Cities ==:= Hampton 75 Newport News 7.5 Norfolk 6 5 Portsmouth 6.5 Richmond 6.0 Roanoke City 5.0 Christ,ansburg ''S Blacksburg 6,0 Lynchburg 6.5 Roanoke County 4.0 Salem 6.0 00 I0 20 30 4.0 50 60 70 8.7 ,,, Source:Weldon Cooper Center for Public Service 2013 Tax Rates 12 Motor Vehicle License Tax Neighbors and VA First Cities Hampton 35 Newpon News 26 Norfolk 26 Portsmouth 25 Richmond 23 Roanoke City 20 Roanoke County 20 Franklin County 25 Lynchburg 29.5 Salem ' 20 0 5 10 15 20 25 30 35 $ 13 13 Balancing Scenarios Meals Motor Real Gross RCPS Net Variance Tax Vehicle Estate Revenue 40% Revenue Rate License Rate Tax #1 +2% +$13 +$0.02 $8.154,000 $3,261,600 $4,892,400 $621,538 $5,528,000 $1,326,000 $1,300.000 #2 +2% +$5 +$002 $7.338.000 $2.935.200 $4,402.800 $131.938 $5,528,000 $510.000 $1.300.000 #3 +1%% +$13 +$0.02 $6.847,000 $2,738,800 $4,108,200 ($162,662) $4,221,000 $1,326,000 $1,300,000 Gross revenue target=$7 12 million 14 14 Council Discussion: FY 2016-2020 Balancing 15 15 Operating and Capital Budget Development Next Steps • Legal Advertisement for Real Estate rate — March 24, 2015 • Council Briefing — April 6, 2015 • Recommended Budget Presentation — April 20, 2015 • Public Hearing — April 23, 2015 • Council Briefing/Budget Study — May 4, 2015 • Budget Adoption — May 11 , 2015 16 16 C CITY OF ROANOKE e) ' OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 s Telephone: (540)853-2541 Fax: (540)953-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk@roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk March 23, 2015 CECELIA T.WEBB,CMC Assistant Deputy City Clerk Dr. Stephen Rosenoff d/b/a Stefano's on the Market 202 Market Street, S. E. Roanoke, Virginia 24011 Dear Dr. Rosenoff: Your petition appealing a decision of the Architectural Review Board at its meeting of December 19, 2014, denying your request to approve already installed 7' x 8' roll-down, fire retardant, enclosure material having clear vinyl openings, to the inside face of the two existing awnings on the west awnings on the west side of the building at 202 Market Street, S. E., which is not consistent with the H-1 Architectural Design Guidelines, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, March 16, 2015. Pursuant to your request that the matter be re-referred to the Architectural Review Board, along with the concurrence of the Chairman of the Architectural Review Board, the matter was remanded to the City of Roanoke Architectural Review Board for reconsideration. Sincerely, tits, in,. riots", 4.0..)\,„ Stephanie M. Moon Reynolds, M I City Clerk Enclosure pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Parviz Moosavi, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board CITY OF ROANOKE OFFICE OF THE CITY CLERK § 215 Church Avenue,S.W.,Suite 456 uTY :Y Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk tai roanokcva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 14, 2015 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I am enclosing copy of a Petition for Appeal filed by Dr. Stephen Rosenoff and 202 Market Street, d/b/a Stefano's on the Market, in connection with a decision of the Architectural Review Board at its meeting of December 19, 2014, denying your request to amend the previously approved Certificate of Appropriateness to allow roll-down awnings on the side of the building located at 202 Market Street, S. E., which is not consistent with the H-1 Guidelines. The petition was filed in the City Clerk's Office on Tuesday, January 13, 2015, Section 36.2-530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 calendar days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition, unless the property owner and the Agent to Architectural Review Board agree to an extension. The Council may affirm, reverse or modify the decision of the Architectural Review Board, in whole or in part, or refer the matter back to the Board. With the concurrence of City Council, a public meeting will be scheduled for Monday, March 16, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, to render a decision in connection with the above stated matter. Sincerely, rn, h7t't'', ., / Stephanie M. Moon Rey'letds, M' • City Clerk Enclosure Mayor and Members of Council January 14, 2015 Page 2 pc: John S. Edwards, Esquire, P.O. Box 1179, Roanoke, Virginia 24006-1179 Dr. Stephen Rosenoff, 202 Market Street, S. E., Roanoke, Virginia 24011 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Jillian Papa, Agent, Architectural Review Board Derek Cundiff, Chair, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) PETITION FOR APPEAL 202 Market Street and ) Dr. Stephen Rosenoff This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36,2-530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s): Stephen Rosenoff and 202 Market 2. Doing business as (if applicable): Stefano's on the Market 3. Street address of property which is the subject of this appeal: 202 Market Street, SE, Roanoke, Virginia 24011 4. Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighborhood Overlay District) of property(ies) which is the subject of this appeal: H-1 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: December 19, 2014 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2-330, if H-1 or Section 36.2-331, if H-2): Section 36.2-330 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: Roll-down awnings on the side of the building. 8. Grounds for appeal: Application complies with all applicable architectural design guidelines. Among other things, the application provides roll down enclosures to protect patrons from inclement weather, when necessary. Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City Council: John S. Edwards, Esq. P.O. Box 1179 Roanoke, Virginia 24006-1179 540-985-8625 — Phone 540-345-9950 - Fax jselaw@edwardsva.com WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) Signature of Petitioner(s) (If not Petitioner): or representative(s), / er applicable: sl / %'^44. z1-- Dr. Stephen Rosenoff 202 Market Street Name (Print or Type) Name (Print or Type) TO BE COMPLETED BY CITY CLERK: Received by4, ,,,_, „_ _k4 Qjro-lite: i il 3/ is- Law Office of 510 Suntrust Plaza John S. Edwards (540)985-8625 10 E.Franklin Rd, (540)345-9950 Fax Roanoke,Virginla 24011 Iselaw @edwardrva.com Mailing Address: January 7 2015 P.O.Box 1179 y Roanoke,Virginia 24006-1179 Ms. Stephanie M. Moon City Council Clerk Noel C. Taylor Municipal Building 215 Church Avenue SW Roanoke, VA 24011 Re: Petition for Appeal 202 Market Street, SE Dear Stephanie: I am enclosing for filing the Petition for Appeal of Dr. Stephen Rosenoff and 202 Market Street from the decision of the Architectural Review Board dated December 19, 2014. My client would be pleased if the matter were re-referred to the Architectural Review Board for further consideration, if it is the pleasure of the City Council to do so. Thank you for your kind consideration of this matter. Very truly yours, John S. Edwards JSE/eog Enclosure cc: Dr. Stephen Rosenoff(w/enclosure) Mr. Derek Cundiff, Chair, Architectural Review Board (w/enclosure) Dan Callaghan, Esq., City Attorney (w/enclosure) STATEMENT OF CONFLICT OF INTEREST I, David B. Trinkle, state that I have a personal interest in agenda item C. 1 in the evening session of City Council on March 16, 2015, regarding the appeal filed by Dr. Stephen Rosenoff regarding a decision of the Architectural Review Board denying his request to approve installed roll down material attached to two existing awnings at a restaurant at 202 Market Street because I have a restaurant business in the vicinity of 202 Market Street. Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness my signature made this 16th day of March, 2015. 1 (Seal) D avid ':. rinkle bf�M' SUGGESTED MOTION TO AFFIRM THE DECISION OF THE CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD AND TO DENY THE REQUEST FOR A CERTIFICATE OF APPROPRIATENESS TO ALLOW TWO ROLL DOWN AWNINGS AT 202 MARKET SQUARE, S.E. "Based upon the evidence (testimony and documents) presented to this Council at today's hearing,I move that the decision of the City of Roanoke Architectural Review Board on December 19, 2014, be affirmed and that no Certificate of Appropriateness be issued to allow two roll down awnings at 202 Market Square, S.E., as set forth in the Application for Certificate of Appropriateness, on the ground that the installation is not architecturally compatible with the structures or historic landmarks in the H-1 District." Or SUGGESTED MOTION TO REVERSE THE DECISION OF THE CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD AND TO GRANT THE REQUEST FOR A CERTIFICATE OF APPROPRIATENESS TO ALLOW TWO ROLL DOWN AWNINGS AT 202 MARKET SQUARE, S.E. "Based upon the evidence (testimony and documents) presented to this Council at today's hearing, I move that the decision of the City of Roanoke Architectural Review Board on December 19, 2014, be reversed and that a Certificate of Appropriateness be issued to allow two roll down awnings at 202 Market Square, S.E., as set forth in the Application for Certificate of Appropriateness, on the ground that the installation is architecturally compatible with the structures or historic landmarks in the H-1 District." MOTIONS- 202 Market Square.doc orh , CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 16, 2015 Subject: Appeal of a decision of the Architectural Review Board at its meeting of December 17, 2014, denying the request to approve already installed 7'x8' roll-down, fire retardant, enclosure material having clear vinyl openings, to the inside face of the two existing awnings on the west side of the building at 202 Market Street, S.E., which is not consistent with the H-1 Architectural Design Guidelines. Background: The subject property at 202 Market Street, S.E., is located within the City Market District of the H-1 Historic Downtown Overlay District. The ground level of this two-story historic structure is currently occupied by "Stefano's, On the Market." The applicant installed two roll-down enclosures to provide protection for restaurant guests using the outdoor dining area on the west side of the restaurant. A City Code Enforcement Inspector advised the Agent to the Architectural Review Board that the enclosure was in place and a certificate of appropriateness (COA) had not been obtained. Staff contacted the owner's representative to advise that a COA would need to be applied for. Findings: The City of Roanoke created the H-1 Historic District to: • Identify properties (buildings. landmarks, structures, and areas) of architectural, cultural, and historic significance within the City that are on or are eligible for inclusion on the Virginia Landmark Register or National Register of Historic Places; • Encourage the preservation, enhancement, and maintenance of such properties; and • Develop and maintain appropriate settings and environments for properties. H-1 Architectural Design Guidelines (Guidelines) adopted by the Architectural Review Board (ARB) and endorsed by City Council provide recommendations for exterior alterations of buildings. The ARB uses the Guidelines during its monthly meetings to consider applications related to alterations, additions, and new constructions within the established historic districts. Approved proposals are granted a Certificate of Appropriateness (COA), which is necessary to obtain proper permits from the Permit Center of the Planning, Building, and Development Department. EXHIBIT A (Denied Certificate of Appropriateness COA #140229 and ARB staff report) On December 17, 2014, the ARB denied the applicant's request to retain the two installed roll-down enclosures hanging from the existing awnings over the sidewalk dining area, west of the building. The ARB found that the application was not consistent with the following H-1 Architectural Design Guidelines: Working with the ARB • Rehabilitating Historic Buildings In the H-1 Historic District changes to be reviewed by the ARB include: - All exterior changes to existing buildings. Storefronts • The street storefront is the most noticeable portion of a commercial building's facade. Its purpose is to: - Allow goods to be displayed to the public, - Provide daylight into shop interior, - Offer a welcoming entry for shoppers • Transparency is essential to the character of commercial storefront. Retaining Important Features • Identify and retain important features and materials, such as : - Window transparency Appropriate Storefront Rehabilitation Materials • Use display windows effectively to represent the commercial use of the ground floor. Even if the business does not require merchandise displays, find attractive and interesting ways to show the public the kind of services offered. Awnings and Canopies Guidelines for Compatible Design • Appropriate Use Use awnings only in the following situations: - to provide weather protection for pedestrians, - to provide sun protection for display window merchandise, - to enhance an unattractive or uninteresting storefront 2 • Location, Size and Proportion Do not obstruct or destroy decorative details of the facade such as: - decorative brick or tile work - Storefront piers • Material, Design and Details Choose appropriate awning fabrics such as cotton duck, polyester, or acrylic. Other applicable regulations: • Regulations for Outdoor Dining Areas: The design and style of all furniture, planters, barriers, and other objects placed in the right of way shall be architecturally compatible with all buildings adjoining the outdoor dining area and with other buildings on the street block face. All of such items should be similar colors. Materials and design style whenever possible. Do not purchase any such items prior to receiving a permit from the City Manager. The City Manager or the City Manager's designee reserves the right to approve the style, design, materials, and color of all chains, barriers, tables, chairs, planters, and trash containers placed on the sidewalk or street. If new objects are purchased that were not described in the original application, then the Permittee must submit the description of the new objects for approval. EXHIBIT B (Denied Certificate of Appropriateness COA# 10-009, March 11 , 2010) On March 11 , 2010, the ARB had denied approval of the applicants' request for an enclosure proposed at the corner entrance to the restaurant at Campbell Avenue, S.E., and Market Street, S.E. EXHIBIT C (Certificate of Appropriateness COA# 14001 5 and ARB staff report) On February 20, 2014, the ARB approved proposed awnings along the west side of the building, as exist today. The awnings were approved within an area of the facade ensuring the protection and visibilities of character defining features of the building. EXHIBIT D (Outdoor Dining Approval) On May 22, 2014, a sidewalk dining permit (the west side of the restaurant) was issued by the City. 3 EXHIBIT E (Appeal received by the City Clerk, Tuesday, January 13, 201 5) On Tuesday, January 1 3, 201 5, a Petition to Appeal was filed in the City Clerk's Office by Dr. Stephen Rosenoff and 202 Market Street, d/b/a Stefano's on the Market, in connection with a decision of the Architectural Review Board at its meeting of December 1 7, 2014, denying the request to approve already installed 7'x8' roll down, fire retardant, enclosure material having clear vinyl openings, to the inside face of the two existing awnings on the west side of the building at 202 Market Street, S.E., that is inconsistent with the H-1 Architectural Design Guidelines. Considerations: City Council established the ARB with the stated purpose of protecting designated historic properties against destruction or architecturally incompatible buildings and structures. The ARB's review criteria are based on the standards set forth in the Zoning Ordinance, and, where applicable, its adopted H-1 Architectural Design Guidelines (Guidelines). The Guidelines adhere to the Secretary of Interior's Standards for Rehabilitation, which are Federal criteria for appropriate treatment of historic buildings and contexts. The Guidelines for storefronts, awnings, and canopies are relevant for consideration of this application, as stated on previous pages. Recommended Action: The proposed roll-down enclosures obscure the building's ground level character defining features of the existing historic building. The Architectural Review Board finds the application inconsistent with the H-1 Architectural Design Guidelines as noted in Exhibit A of this report. In addition, the roll-down enclosures are inconsistent with the City of Roanoke regulations for Outdoor Dining Areas. Therefore, the ARB recommends that the City Council affirms the ARB decision to deny the issuance of a Certificate of Appropriateness allowing the installation of the roll down enclosures at 202 Market Street, S.E. .athp.e44,2etsgmili Derek B. Cundiff, Chair Architectural Review Board Enclosures: Exhibit A through Exhibit E cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development 4 Ian Shaw, Planning Administrator Jillian Papa Moore, Zoning Administrator Frederick Gusler, Senior Planner Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Dr. Stephen Rosenoff and 202 Market Street, d/b/a Stefano's on the Market John S. Edwards, Esq. 5 EXHIBIT "A" (Denied Certificate of Appropriateness COA #140229 and ARB staff report) PLANNING BUILDING AND DEVELOPMENT Noel C. Taylor Municipal Building ec 215 Church Avenue, SW, Room 166 ¢ Roanoke, Virginia 24011 R OA N O K E 540 853 1730 fax 5408531230 plannina(aroanokeva.Qov December 19, 2014 Dr. Steven Rosenoff 4975 Fox Ridge Road Roanoke, VA 24018 Dear Dr. Rosenoff: Subject: Application for a Certificate of Appropriateness COA140229, 202 Market Street, S.E. On December 1 7, 2014, the Architectural Review Board of the City of Roanoke, Virginia, considered your request for approving an already installed 7'x 8' roll down, fire retardant, enclosure material having clear vinyl openings, to the inside face of the two existing awnings on the west side of the building at 202 Market Street, S.E. and a Certificate of Appropriateness was denied. The Board found that the application was not consistent with the following H-1 Architectural Design Guidelines: Working with the ARB Rehabilitating Historic Buildings In the H-1 Historic District, changes to be reviewed by ARB include: - all exterior changes to existing buildings, Storefronts The street-level storefront is the most noticeable portion of a commercial building's facade. Its purpose is to: - allow goods to be displayed to the public, - provide daylight into shop interior, - offer a welcoming entry for shoppers. Retaining Important Features • Identify and retain important features and materials, such as: - window transparency Appropriate Storefront Rehabilitation Materials • Use display windows effectively to represent the commercial use of the ground floor. Even if the business does not require merchandise displays, find attractive and interesting ways to show the public the kind of services offered. Awnings and Canopies Guidelines for Compatible Design • Appropriate Use Use Awnings only in the following situations: - to provide weather protection for pedestrians, - to provide sun protection for display window merchandise, - to enhance an unattractive or uninteresting storefront, and • Location, Size & Proportion Do not obstruct or destroy decorative details of the facade, such as: ornamental ironwork , decorative brick or tile work storefront piers, and Do Location, Size & Proportion • Materials, Design & Details Choose appropriate awning fabrics such as cotton duck, polyester, or acrylic. In addition, the roll-down enclosures are not consistent with the City of Roanoke Regulations for Outdoor Dining Areas. If you are aggrieved by this decision of the Architectural Review Board, you have the right to appeal the Board's decision to City Council within 30 days of the date of the decision. Information on the appeals process is enclosed. Please contact Parviz Moosavi at 540-853-1522 if you have additional questions. Sincerely, IK:no/Q u 4 Candace R. Martin, Secretary City Architectural Review Board /m enclosure cc: Mr. Nick Wentworth AGENDA ITEM IV. E. December 11, 2014 Mr. Derek Cundiff, Chair and Members of the Architectural Review Board Roanoke, Virginia Dear Members of the Board: Subject: Request from Dr. Steven Rosenoff, represented by Mr. Nick Wentworth to approve already installed 7'x 8' roll down, fire retardant enclosure material having clear vinyl openings, to the inside face of the two existing awnings on the west side of the building at 202 Market Square S.E. Background: The applicant has installed two roll down fire retardant enclosures from the inside face of the existing awnings on each side of the business entry door on Market Square. The subject property is located within the Historic Neighborhood Overlay (H-1) and all exterior alterations are required to be approved by the ARB. The applicant requests approval of the two installed roll down enclosures. Findings: The H-1 Architectural Design Guidelines recommend the following: Storefronts The street-level storefront is the most noticeable portion of a commercial building's facade. Its purpose is to: - allow goods to be displayed to the public, - provide daylight into shop interior, - offer a welcoming entry for shoppers. Rehabilitating Historic Buildings In the H-1 Historic District, changes to be reviewed by ARB include: - all exterior changes to existing buildings, Retaining Important Features • Identify and retain important features and materials, such as: - window transparency Guidelines for Preservation & Rehabilitation Important Considerations • Transparency is essential to the character of a commercial storefront. • The traditional commercial storefront is the appropriate ground-floor expression for the vast majority of downtown Roanoke's commercial buildings. • A successful storefront reflects the architectural character of the commercial building to which it belongs, as well as the individual character of the business it serves. Appropriate Storefront Rehabilitation Materials • Use display windows effectively to represent the commercial use of the ground floor. Even if the business does not require merchandise displays, find attractive and interesting ways to show the public the kind of services offered. In addition, the roll down enclosures must not violate the City of Roanoke Regulations for Outdoor Dining Areas, in particular Section 2.a, 2.c & 2.d and Section 6.a (General Design). Design Application Review Committee comments: • Would this roll down enclosure stay all year round, or is it possible to be removed when not needed? Staff Comments: The roll down enclosure would allow outdoor seating for the restaurant during the cold months and must not be utilized all year round. Therefore, staff recommends approval of the application, as proposed. /9a__1; Parviz Moosavi, ARB Agent EXHIBIT "B" (Denied Certificate of Appropriateness COA# 10-009, March 11, 2010) CITY OF ROANOKE l �� PLANNING BUILDING AND DEVELOPMENT k 215 Church Avenue, S.W.,Room 166 t t- »" ° a) am.T__ Roanoke,Virginia 24011 \,� "�" Telephone: (540)853-1730 Fax: (540)853-1230 C E-mail: planninggroanokeva.gov i„l Architectural Review Board Board of Zoning Appeals Planning Commission March 12, 2010 202 Market Square Properties, LLC 202 Market Square, S.E. Roanoke, VA 24011 Dear Property Owner: Subject: Application for a Certificate of Appropriateness No. 10-009, 202 Market Square, S.E. On March 1 1 , 2010, the Architectural Review Board of the City of Roanoke, Virginia, considered your request for installation of temporary seasonal enclosure at corner entrance with red fabric awning, clear material, and door at corner entrance at 202 Market Square, S.E. and a Certificate of Appropriateness was denied. The Board found that the application was not consistent with the following H-1 Architectural Design Guidelines for building facades and awnings and canopies: • Identify the architectural features and materials of a building's facade that are important to its character before undertaking any alterations. Important features include those that survive from the building's original construction, are distinctive or have architectural interest, are examples of quality craftsmanship, and would make the building less attractive or unrecognizable if removed. • Do not use alterations, such as cover-up materials, oversized signs, or extreme color schemes, that damage or obscure characteristic features of the facade, change or destroy the traditional relationship between the upper and lower portions of the facade, call undue attention to the facade, and are out of character with neighboring buildings. • Choose appropriate awning fabrics such as cotton duck, polyester, or acrylic. Awnings made of aluminum or vinyl are not appropriate. • Use awnings only in the following situations: to provide weather protection for pedestrians, to provide sun protection for display window merchandise, to enhance an unattractive or uninteresting storefront, and to provide business identification. • Proportion an awning so that it has an 8-foot clearance to the sidewalk, a 4- to 7-foot projection over the sidewalk, a 15° to 45° slope, and a valance width of 8 to 12 inches. If you are aggrieved by this decision of the Architectural Review Board, you have the right to appeal the Board's decision to City Council within 30 days of the date of the decision. Information on the appeals process is enclosed. Please contact Erica Taylor at 853-1522 if you have additional questions. Sincerely, acs #11/4"14) Candace R. Martin, Secretary City Architectural Review Board /m enclosure cc: Mr. Zachary Rosenoff H-1 , Historic Downtown Overlay District Submittal Requirements Checklist ''Aj " Submit by Email Print Form RO A NOKE The following must be submitted for all applications: ( /�I v C F A completed application form and checklist. Applications will be deemed incomplete without owner signature. A brief project description of work including how the proposed architectural or site alterations are consistent with the F ARB Guidelines for the subject Historic District. If historic materials are being replaced rather than repaired, please provide justifications. F Photographs showing the current conditions of the specific project site. For painting,the following must be submitted: F Identify portions of the building to be painted. F Paint color sample(s). For lighting,the following must be submitted: F Site Lighting: A site plan showing proposed location of lighting. F Building Mounted: Photograph or scaled drawing of elevation showing location of proposed lighting. F Sample, photograph or catalog picture of proposed fixture. For awnin s and canopies,the following must be submitted: Scaled elevation drawing showing location, size and proportion of proposed awnings or canopies in relation to the building. Please ntify the materials, design,distance from the sidewalk to the bottom of awning/canopy(eight foot clearance required)and ie ounting method to be used. Sample, photograph or catalog picture of manufactured items. For new construction,the following must be submitted: F ite plan, including property lines, roadways,footprint of buildings and structures, paving,etc. F Scaled elevation drawings of all sides of proposed building/addition. F Samples, photographs or catalog pictures of building materials. For signs,the following must be submitted: F Building Mounted: Photograph or scaled drawing of elevation showing location of proposed sign. F hotograph or scaled drawing of the proposed sign, identifying materials, color, lettering (size and style), and wordage. F Specifications of sign brackets, mounting hardware and lighting, if applicable. For windows,doors, roofs, parapets and cornices,the following must be submitted: r Scaled elevation drawings showing proposed alteration. If proposing to return building to an earlier appearance, please provide supporting documentation for the request(i.e. historic photograph). F Sample, photograph or catalog picture of proposed building material. For demolition,the following must be submitted: F Justification for demolition, including structural evaluation and cost estimates for rehabilitation. For other items, please refer to a like category. *Note: If applying by e-mail please include the above items as an attachment. De•artment of Plannin• Buildin• and Develosment ARB Agent Room 166, Noel C. Taylor Municipal Building Erica Taylor, City Planner II 215 Church Avenue, S.W. Phone: (540) 853-1522 Roanoke,Virginia 24011 E-mail: erica.taylor @roanokeva.gov Phone: (540)853-1730 Fax: (540)853-1230 Form updated 01/08 Page 1 of 3 - H-1 , Historic Downtown Overlay District Application for Certificate of Appropriateness Ir441.11". .seri Date of Application 172-/ /CI LL ROA N O K E Site Address I 2_02— itt c e'\ L �-1 t/ 6- 2�� C) l / Property Owner: Name: Z VkA kk t b .� a(� r-4-1 n 2.5 j L L Address: 120?— (�� ✓ �� City: I ' ,, 1 State: I Zip Code: I 2gc, j( Phone Number: I_S -1U 3'-{3} - 'aft E-Mail: ac, I\E 202_ ( 'n t Owners Representative (if applicable): Name: ZAc Hti-(2-1/41 (L)--b (-- Address' I ,I ° Lt-e___ f- L City: I C, (c-C_ State: I by' Zip Code: Z-yO / rC�' Phone Number: �� 7� - E 3 7 (� E-Mail: ZGuL �_ 1 2E20 o � ll�� Application prepared by:I Z a (L.— Project Type: (— Painting (- LightingkC6wnings and Canopies f New Construction r Signs I- Windows and Doors I- Storefront P Roof, Cornice or Parapet I- Demolition f- Other: I 'PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION. Acknowledgement of Responsibility: I understand that all applications requiring review by the ARB must be complete and must be submitted before application deadlines; otherwise consideration will be deferred to the following meeting. I agree to comply with the conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans approved by the ARB. I understand that no changes are permitted without prior approval b he City. Signature of Property Owner: arTi Date: I j //, 54) S Section Below to be Completed by Staff Certificate Number: I coA loOtoig I Approval By: $ARB C- Agent Other approvals needed: Tax Parcel Number: 140105[15 Zoning Permit f— BZA/Planning Commission Base Zoning District: IAA_ ( ' p Building Permit r Other C Agent,Architectural Review Board: I ACC,a 4 j DUX, P�,.-�, Date: I pp 3-/o Member,Architectural Review Board: I J ` Date: I Form updated 01/08 Page 2 of 3 H-1 , Historic Downtown Overlay District Detailed Project Description ice► ROANOKE Site Address: 17 G2 tLi LAX ft A`'e-- ki 2({C' Property Owner: ZCa_ 11-#a r (<--e)r-( ,.--tart Pa, ' (I; Cs bz,v (_ ((,,c;,f(____ 6 c,,,sf ecti._ 1(, ,,, ,._, „Ai l Lti r: t v' + _ V„l c F-S [AsLi to r L/ v:),\.A.A \k (1,- Acri..A___ r6Lv-a---- 6-fe__q____? ilt__ , try f° r , > �� 1 17. ?� C k eLr6,- ,t Sri , (( L Y� esxLLA Project � ,�,t�-- Description: � °� �t �� ���_ Additional information to be submitted: I— Photographs I— Site Plan I— Elevation Drawings F Sample, Photograph,or Catalog Pictures of Proposed Material I— Other: Form updated 01/08 Page 3 of 3 4 a Cat K t _ A 4 _ S . • .• • I .. .._." .._.., . - ,-,,,,itt4t7,,,4steetott,•,,,, - • . : ormandar . ... ' SW' * t ..,, . 7 - .-,•-- it ..- - - ,.. f I , . . . . , ! i . t- ,. I', I S. . S o......ilik ."110b.'a t ..iv...0...s^ , f i 9% ". JI 5:....6.„ ‘:5(r.'.... i . ,. ii.' 1;-K•"4 i , ` i,....,.. li - - ,4 • tL MIS Pal sl 4 '' , , ' 1' ; 1 . - ' ■ 11 ikiikin.:41at "tr.7" ",--.. ---il..f-, ..,-1:0,0:1;: ' , i IP IP ■ A k . fit 1 . ir L : lig‘ .. . , .• 14 ' • • . • #100“1* ft 4# : "...a.: jileit' ; I .. -" r 1 . 1 I -••• . • II. ry,42v1. t c AsimuHl ir i . . ,-- ,e, ", 1.81" ` '41.8t0A, ".8:11.-P., -"C.1•411%*44, ' .. .4.,-,.,,,,„ 4.0....- ., if_.... . .. } - . Ilibto.dokoo, [ ,, . . ,, • \ 1 ,, ..... . . .. , . kf\i"."---.,'"/"R,INC4'..'iit1/4 \I! ‘ . , . . 'ik ''.: 1. . \ ‘ F■....... i k . , c. v ......' ,,, , \ ,„_;______ - ---: - , ,, . .6 ■...■- .. Y 4 f t^e _."0, J te• A w 4 � ',OP., i 4 { r ‘4� 4 Jr . A A t ? T , A S.,:44, eit ire ■ i Ai LO 2./14 5 C 6f-c - 779 zca MA/PkE7 P. O• S0)4 !Z 8/f-3 - SUNNYSIDE AWNING CO. 601 Salem Ave.,S Roanuke,VA 24016 N CN . ,.. 0-344-7726 Fax 344-0484 A� - c S2-f- 9Yo8 1.54 n /CA,! ' _3 443 - 6d Su AG4 /f,7A'Acv?0o•rtAirs .d+*'t - 4LL - Ar'/7 PC,u,.e. -- D/?41W/NG Pots' NOS' . -.. R $1/ow /�aW /'G�gL1 ?E q - 4 i IJ /'/AG✓ 4M -lEGc✓� / � v i v r sic: ^ t ( , I \\ 1 s ii 11 a S 0 3,:t.„ — ' I r. I , > 1 CI) o D , G Al b ° Fq G ME'...Wa.KG in//G,- Cam![ _.. P0L C zp.AAJ o Y`Pc ./"AL am',aim S—A ica 71/a6 --C.'d 114 r ci,.=' ,6 c°/ �n3illc f6m4 _ GWN/U6S 0 a) !N/r/✓ - 0 4 0 S4 vc '_-CLt, Q !'/Ar< /=c,7 wi,.bchid -- _- EXHIBIT "C" (Certificate of Appropriateness COA# 140015 and ARB staff report) BLANK PAGE PLANNING, BUILDING AND DEVELOPMENT Noel C.Taylor Municipal Building eV 215 Church Avenue,SW, Room 166 Roanoke,Virginia 24011 ROANOKE 540.853.1730 Fax 540.853.1230 planning @roa nokeva.gov February 24, 2014 Mr. Stephen Rosenoff 204 S. Jefferson Street, Apt. 5 Roanoke, VA 24011 Dear Mr. Rosenoff: Subject: Certificate of Appropriateness No. COA140015 202 Market Square, S.E., Tax ID#: 4010903 The City of Roanoke Architectural Review Board considered your request for a Certificate of Appropriateness and your request was approved as set out on the enclosed Certificate. Please bring your Certificate and drawings with you to Room 170, Noel C. Taylor Municipal Building, when applying for all applicable permits. If you have any questions relative to this matter, please contact Jillian Papa at 853-1522. Sincerely, aldq 711/0013 Candace R. Martin, Secretary Architectural Review Board enclosure rp7 PLANNING, BUILDING AND DEVELOPMENT saeNoel C.Taylor Municipal Building 215 Church Avenue,SW,Room 166 Roanoke,Virginia 24011 540.853.1730 fax 540.853.1230 ROANOKE planning @roanokeva.gov PLEASE POST CERTIFICATE OF APPROPRIATENESS No.: COA140015 Date: February 20, 2014 On February 20, 2014, the City of Roanoke Architectural Review Board granted this Certificate of Appropriateness to Stephen Rosenoff approving replacing an existing shed style awning over the dining room door facing Market Square with a wider awning according to the photo rendering and drawing submitted and amending the valance lettering approved per COA130209 to "STEFANO'S an itaitian kitchen" according to the photo rendering submitted. The awning will be black and white striped in color and pattern as previously approved per COA130209 and the height of the lettering on valances will not exceed 11"at 202 Market Square, S.E., as per the application and plans presented to the Board on the date set out above: This Certificate is valid for one year from the date set out above. V v . Derek Cundiff, Chair AGENDA ITEM II.C2. PLANNING, BUILDING AND DEVELOPMENT ® Noel C.Taylor Munk pal Building iaggell 215 Church Avenue.SW,Room 166 Roanoke,Virginia 24011 ROANOKE ptanningc ro fax okeva.B511z3o plann mg,^roanokeva.gov February 13, 2014 Mr. Derek Cundiff, Chair and Members of the Architectural Review Board Roanoke, Virginia Dear Members of the Board: Subject: Request from Steven Rosenoff to replace an existing awning with a wider awning and to amend COA130209 to change the valance lettering of the awnings on the building located at 202 Market Square, S.E. Background: The Paradox Building was constructed circa 1909 in the Beaux Arts style. The building contributes to the City Market Historic District, which is located within the Historic Downtown Overlay District(H-1). The applicant is requesting approval of the following work: 1. Replace an existing shed style awning over the dining room door facing Market Square with a wider awning according to the photo rendering and drawing submitted. 2. Amend the valance lettering approved per COA130209 to"STEPHANO'S an italtian kitchen"according to the photo rendering submitted. The awning will be black and white striped in color and pattern as previously approved per COA130209. The height of the lettering on valances will not exceed 11". Findings: The H-1 Architectural Design Guidelines for Awnings and Canopies recommends: Appropriate use • Use awnings only in the following situations: to provide weather protection for pedestrians; to provide sun protection for display window merchandise; to enhance and unattractive or uninteresting storefront; and to provide business identification. Location, Size and Proportion • Do not obscure or destroy decorative details of the facade, such as: ornamental ironwork, decorative brick or tile work, transoms, storefront cornices, storefront piers, and brick arches or pressed metal window hoods. • Proportion and awnings so that it has: an 8-foot clearance for the sidewalk; a 4-to 7-foot projection over the sidewalk; a 15 to 45 degree slope; and a valence width of 8 to 12 inches. • Locate awnings or canopies on the transom bar—above the display windows but beneath the transom windows—whenever possible. When such location would prevent adequate clearance above the sidewalk, the awning or canopy may be located above the transom windows or immediately below the storefront lintel, sign panel, or storefront cornice. • Avoid using posts or columns that interfere with pedestrians to support an awning or canopy. • Do not permit water to drain off a canopy without a downspout. Runoff should be drained by downspouts located adjacent to the piers of the building. • Make the width of an awning or canopy somewhat greater than that of a storefront, overlapping slightly but not extending across the outermost structural piers. It may extend across one or more Intermediate piers to unify several storefront openings for a single tenant, but only if it does not obscure significant features or details of the façade. Materials, Design and Details • Choose appropriate awning fabrics such as cotton duck, polyester, or acrylic. Awnings made of aluminum or vinyl are not appropriate. • Secure an awning firmly without causing damage to the structure or materials of the facade. • Keep awnings fairly restrained in design and pattern for buildings with highly detailed facades—preferably by using a solid fabric. Striped fabrics and other patterns are better suited to plainer buildings. • Choose an awning shape that is appropriate for a particular storefront. The familiar, straight-sloped awning is generally best for most storefronts. Awnings with rounded tops or curved profiles should not be used unless justified by the shape of the storefront or its window or door openings. • Select awning colors that reinforce the overall color scheme of the building. • Consider awning details, such as the style of the valance (scalloped, notched, straight) as a way of making the awning compatible with the character of a particular building façade. The proposed awnings generally comply with the H-1 Design Guidelines for Awnings and Canopies stated above. The H-1 Architectural Design Guidelines for Signs recommends: Number and Size • Do not exceed one square foot of total sign area per linear foot of building frontage for all uses in any commercial building. Color • Choose simple color schemes for painted signs using no more than three colors that relate to the overall color scheme of the building. Lettering • Choose simple lettering for commercial signs that is: easy to read, appropriate to the character of the business, and compatible with the architecture of the building. The request for awning signs generally complies with the H-1 Design Guidelines for Signs. Design Application Review Committee comments: • Recommended for consent agenda. Staff Comments: façade The application complies with the H-1 Guidelines for Signs and Awnings and Canopies. Staff recommends approval. Jillian Papa, AICP ARB Agent H-1, Historic Downtown Overlay District .Application for Certificate of Appropriateness Date of Application I8-(L/ - 13 ROANOKE Site Address I ao a IMo.c [face_ -koe1-aoCt 040( i Prog Owner Name: I SVeP 'u `A • (2..ostr occ Address: I d`t L( J e.cce(SOrI S 7- � \- S City: I Roe.tvott(s state: I V A zip code:I 09O ( Phone Number 1540 --�ci S*- guy W E-Mail: Si CA/c..0 a0 k.Aac te_v oc_ Owners Representative Of applicable); Name: I Sorg,e as &\ZoJ t_ Address: I City: I State: I Zip Code: I Phone Number: I E-Mail: Application prepared by:I Protect Tyne: I Painting F Lighting Pe Awnings and Canopies F New Construction r✓ligns F Windows and Doors F torefront F Roof,Cornice or Parapet F Demolition r Other. `PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION. Acknowledgement of Responsibility; I understand that all applications requiring review by the ARB must be complete and must be submitted before application deadlines; otherwise consideration wAl be deferred to the following meeting. I agree to comply with the conditions of this certificate and all other applicable city regulations and to pursue this project In strict conform with the plans approved by the ARB. I understand that no changes are permitted without prior approval b Signature of Property Owner Date: rair2 Section Below to be Completed by Staff Certificate Number. I Approval By: ARB r Agent M�,� Other approvals needed: Tax Parcel Number. I ///17l ago 3 r Zoning Permit r BZA/Planning Commission Base Zoning District: I r Building Permit r Other Agent,Architectural Review Board: I Date: I Member,Architectural Review Board: I Date: I Form updated 12111 Page 2 of 3 H-1, Historic Downtown Overlay District Detailed Project Description .4ay D 1 ROANOKE Site or e Address: I o a M a rr iPi k- v of f Property owner. I 3\ccAm e.n \�1 O co no is (L.ccoc s c cc.w ti n ci 5 add a Neu...) 04,4->N ( I S \- 0 ∎ ck.v L ■ cop A- PA-\cc C1 Project Description: Additional information to be submitted: otographs r Site Plan F Elevation Drawings F Sample,Photograph,or Catalog Pictures of Proposed Material F Other: I Form updated 12111 Page 3 of 3 rPLANNING, BUILDING AND DEVELOPMENT Noel C.Taylor Municipal Building A a RoChurch Avenue, 0 Room 166 Roanoke,Virginia 34011 11 ROANOKE 540.853,1730 fax 540.853.1230 p la n n i n g®roa n o keva.gov September 16, 2013 Mr. Stephen Rosenoff 204 S.Jefferson Street, Apt. 5 Roanoke,VA 24011 Dear Mr. Rosenoff: Subject: Certificate of Appropriateness No. COA130209 202 Market Square, S.E., Tax ID#: 4010903 The City of Roanoke Architectural Review Board considered your request for a Certificate of Appropriateness and your request was approved as set out on the enclosed Certificate. Please bring your Certificate and drawings with you to Room 170, Noel C. Taylor Municipal Building, when applying for all applicable permits. If you have any questions relative to this matter, please contact Jillian Papa at 853-1522. Sincerely, ( ofqu O3 Candace R. Martin, Secretary Architectural Review Board enclosure PLANNING, BUILDING AND DEVELOPMENT Noei C.Taylor Municipal Building r� R anoke.V Avenue, Ot Room i66 Roanoke,Virginia zgou ROANOKE 5lannin ©ro fax eva.gay.rz7o planning @roanokeva.gov D MO A r . 'i CERTIFICATE OF APPROPRIATENESS No.: COA130209 Date: September 12, 2013 On September 12, 2013, the City of Roanoke Architectural Review Board granted this Certificate of Appropriateness to Stephen Rosenoff approving the following at 202 Market Square, S.E., as per the application and plans presented to the Board on the date set out above. 1. Recover six(6) existing awnings with black and white striped patterns and lettering according to the photographic renderings submitted.The height of the lettering on valances will not exceed 11". 2. Install two (2) new shed style awnings facing Campbell Avenue. The awnings are 20'7" and 16' 01"in width and will project 3' 3'from the building. The placement will be 15' above the sidewalk, on the transom bar. The awnings will be black and white stripe according to the photographic rendering submitted. 3. Repaint the brickwork (currently maroon)to Blindfold. 4. Repaint trim (currently light cream)to Iron Frost. 5. Repaint accent details(currently dark cream)to Blindfold. This Certificate is valid for one year from the date set out above. {•1 • Derek Cundiff, Chair Tammy Palmer From: Mateo Marquez Sent Thursday,August 15,2013 12:17 PM To: stephen rosenoff;Tammy Palmer Subject Awning Dimensions Is this enough to show dimensions? r ` "P"" ti fi'" 4 ,"° + ^JH r- ;a; 7 +•.• ✓s ;",,7 ^,v^4;� ale■ Y F y { pM j� i �n .V' i �.i' •0 �w- rvt� Autil 1 cV Liu) iP%W rn c\01 S l �1 i /1 1, Y i Ld £°' 0 mss yi ,i_, ' .,r '�MARKET — a/ 1 1 k{ ~. n 7 r • 4 I r 4 ajA'. 4 (\k-ci �Casvid—id -5 6 c N'cw ocm< S S ly:cif (s, ..to 4 5o 9) la) 13 —r—wli.).cup„.0 vt e A Des..,,,s\-, d„ o c L r 5 °F Co\oar- 0 Nc.W _pour. 10 Tammy Palmer From: Mateo Marquez Sent Thursday,August 15,2013 12:40 PM To: Tammy Palmer Cc: stephen rosenoff Subject Re:Awning Dimensions Attachments•. TextSizingjpeg Here is the basics of letter sizing. Should have all the details.No matter what text we choose to put on the awnings--the maximum heigh of it will be 11" Oae eta an eatery I On Aug 15,2013,at 12:18 PM,Tammy Palmer wrote: I Should work,just need size of letters T-\t S LOcj 0 From:Mateo Marquez[malito:mateomrazagmail.coml V Sent:Thursday,August 15,2013 12:17 PM To: stephen rosenoff;Tammy Palmer Subject Awning Dimensions Is this enough to show dimensions? <image001 Jpg> I 1_ . • 110•ig ' I- ' ' '- e• s. Vr • i i. . •,ahalflft . h. .040re ,• 4 V h. -. •-3P,' . • -110 • . , „,Li- . i, , e21.1.. i . / 4-000:11frolibi,40.;--; .- ,- i A, i 4 :" '4 ( i ki fr. -:ai NA% 0 r .; 4 . . 4 ., t ,1 i• i . 41 g 4 'ilte.:1 1 3.0r 1,5 a 1 1:"i • 1 ? rif& I. * • g ' 1 ' .ga.-,■-.4.14.* • 11 !fill : . i IOC ,,,,.. ■!.4-- 1- ie. ; et . - s, ' • ,i'4/ •••./ (a; a 6. , _ fle ,i) _,,--- ; etr, mk fic. 4)-,..., - ..tusevr-A-:--ci, -- i ...' ii,t,, 1 ..*,, + A 4 . %. . • , r4 4 t In: g g'''' -: • . "-1.: 0 - . 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Ar _ 11.2■- , 0 0 • . ...: t . • - ... -4 * --_ 202 MARKET STUDIOS c-.4 !I 7 .r-rrP,„:•-._ , 1 ! + . f , f 1 . 1 11 .1 1 '4 1 ; I , - - • •-• "4"..7,1, ---•-0,-... - 1 I 9 e f—t- '-4, °• - il ii i r -•-•. rile 4.' i/- n t i------: -,,,,....,-..,--, . -----,.. ,...,..,„--, , -ti ....r...,,,t, *: I allio- •81, '. i - ' - ,- ir - III ' ReoNeir 6 i p ' �� f Ff. Y •.`J .?. � yY •,3 V Y t { 'i e k ? { ii, ti ka • '' II, i 1 / t Yk is \ i` litS \ {f g IttiatAtal ` +f g{ t"°"";'•`�� tar; !j if1 1+, L f ii r C ja _ I T f. !... , V"f S st..4 ..ifLL' 4a .L.j1 t )J. Cir1. Ab�IL C)Yul t. 202MARKET GALLERY Co.12 r ■ Dark Cream to Light Grey(60%Grey) . ■ Light Gem to Charcoal Grey(80%Grey) ■ Maroon Brick to Charcoal Grey(BO%Grey) i , goon lag% .k, 'amilog-,-.8, '‘i ' ,lik i \, Its \kLutitzgrage\ a i . ..- ..7�-. -.. t 1 1 fi ..,sa'`c ^2n. ; ,`::� 4, u, . :y>ilFa r . E • , a a � w s - _ _ i 8 • r • • i is an Malian STEFANO ' S___ �. . . r • t — r „ it a w -it f - 1 r t'e. 141 � . ...n..-.Y.«.. - ""'.: - _ s �`s-...'�` r 8 \c"$- ;},. 3,7 '•�_. FS 9 1 f ! ��. ',,,,e• .., lit' ;Ali 1 (�t .wry i�,. �.� � : _ ', rT�i(It• _.. zp 2 pesti v?4^/,- ziet-_,5,1469- SONNYSIDE AWNING CO. .. -a 4.2 a Pil 4.c•leer_rpfrAK.71: - .--- "'I :::_„7:77.. 601 Salem Ave.,S.W. - .-:7 ..7/7.",4soewes,, gels. .z.r.: 511... _- 1.47:5;i:).- 2q.1; Ad CtVer, Ade- Roanoke,VA 24016 1-5404444726 Fax 344-0464 •••3$43- (et(/' . fl'-_574?----Ey3 -Ceego - 5i-A."11/f Ar etc):strew-77---. .....— .13,..A.46,:ktv, .A;;A:/- -• cif ST-to — i--- A44/2 j I- i s7R1t7 - . -S-te-fiLs , k r_tQ 64 -' f .l . can\ , it. 3 rc 3'cin f. * -, // I /• = -'i - '' "ii .- .• " 5' , ' / -----... .:„›.., . -, / r on 0 2 4 2 IF 1 , .11 ' '' 4-..• 1 v 1 u• ,_ .• ,. i ,. 1 ...---- ,-' _ . P. ----- , .- /4-* ' • • / j. •••' i _sad, . , . • - - r. ---s- -_--------.--------- •-,-P - -724 re-.:z!:. _.___ . _713 t ..;-4tintlta•tt t''.': ,•,.\-,•„----.,,P,•:...:!.--,,Ai* ,;, --•,:-. . .• • , -, • i •.„ ,,,,,,.......,„,.1,--ra•,,,,.....e....---„,..-, ••--••,,--...ii, •-r-, -.......4-.4.-t_.....„.„,..„--..._.-,,- _ EXHIBIT "D" (Outdoor Dining Approval, May 22, 2014) BLANK PAGE Re: Revised 202 Market Outside Dining IN 1 Bob Bengtson to: stephen rosenoff 05/22/2014 01:41 PM Cc Sherman Stovall,Daniel J Callaghan Steve, City staff has completed its review and I hereby approve the attached sidewalk dining plan (the revised version which we received from you today). You are authorized to proceed with Implementation. I appreciate the manner in which we were able to collaboratively work to arrive at this revised layout and anticipate that this will be welcomed by the downtown community and its many visitors. Thank you/ Bob Bengtson Director of Public Works City of Roanoke Doc-May 22,2014,12-26 PM.pdf stephen rosenoff Bob and Joey, I hope that this will meet your app... 05/21/2014 01:11:53 PM From: stephen rosenoff<steptienrosenoff @gmail.com> To: "Bob.Bengtson @roanokeva.gov"<Bob.Bengtson @roanokeva.gov>,Joey Pugh Asst Fire Marshall <joe.pugh @roanokeva.gov>, Cc: "Sen.John Edwards"<iselaw@roacoxmail.com>,daniel.caliaghan @roanokeva.gov Date: 05/21/2014 01:11 PM Subject: Revised 202 Market Outside Dining Bob and Joey, I hope that this will meet your approval. If I receive approval today, I will have the tables, that would be in the "Public Sidewalk",moved into the Revised 202 Market Outside Dining area, as shown in the attachment. Should there exist any question,please do not hesitate to call me. Thanks, Steve 540-798-8448 cell Forwarded message From: Stephen Rosenoff<steve@202market.net> Date:Wed, May 21,2014 at 12:57 PM Subject: Revised 202 Market Outside Dining To: "stephenrosenoffagmail.com" <stephenrosenoff @gmail.com> Sent from my iPhone RAJ 35k 201 MARKET -p Fine CVACUAtToN ra,a [] I � +S! L - /4I N G- �E OJl /�� 7ur(-;A-,21 zZ 71 TR ee I Oen NI111w±+a nisi a h11 1■•11110■■1 11111•■v■s10 t►.'' p, AmmarangtallINIIIIIIIImillellimillIMIL ralkIWIrtilkIlM111111 __ ampigg 1 iiimmaul_ _ _____3_,.. As imphownwils1 �� ■ . ..,, -_47.:w d . � w It :■ 5 ea 17 11 \LI al 1. A ' o MI Date I 4 1.4 I 1 i-t . --- = ,--- --- .-- . 1/4,,cr.?. ji, E e..r iG2F,0 ROANOKE „__ -, . -2,-i-7.4,-;- Planning Building& Development Permit Application For 215 Church Ave., SW, Room 170 Roanoke, VA 24011 Outdoor Dining Phone: (540)8534090 Fax:853-1594 www.roanokeva.VQY Complete,f0 cc lento.Submit Elec 000,llyf RSrmItCI terl>Droanokeva.aov Property Address inky s+_O G.r AI-Ji;Lb _ eil T9ri MapV a , ioI oy 3..... Applicant Name Buemess Name 1 - i� !C LG�.. - y r Rote Relationship to Property Ownerr Owner C'_TTenant ('Agent /y,�Owner's Phone Number. 4 y” � Applicant Address _ni AiLie� +S.e,.. �I RD/a- a/cc State Zip Code D// Phone Number Fax Number 1 I''ma' S ) Mtn , - Onmet Address 0 ys, s,, .tit?.,S� N, i C ." CAW _ 048& eta��(7f',p; zipca /( Hours of operation in outdoor dining area: A a ((1 '3OAtb 3 ;0 D� Permit a4:wwaa tormltGti . TM Fpilowln Information must be attached• , lmit appdCatlon�a11d70frs'�tgm�tt�11 , desrgnihatige _ " ,`i.:.... ntten description and photos of all furniture. Dates of operation. " e cawing or Diagram of Outdoor Dining Area, clearly to �h" i i ' ry4 �1 z'C Id' �w showing the square footage requested. ,, /rent Certificate of Insurance. �, l `�e 7�r�a j,0 s^,- py l x, Amount of Square nw:if,apt sr _ , F--- Sign Permit Application(if necessary) Feet Requested: f 8)-D Citg.81:RQ°aribke If Pennittee'plans to use adjoining froperty,signature(s)of owner(s)of affected property(properties)must be obtained.: I consent to _ - -- having permission to conduct outdoor dining in front of exa _ through December 31 of the year, Signature of Property Owner Signature of Applicant Property OwnerPermisslon gtNot pplicant) I under stand and agree to comply with all rules,regulations,ordinances,laws, I have read this application and hereby we my consent to its submission statues or conditions imposed by the City of Roanoke aoolicable to this print Signature of Date + / Signature of r Date. V./Signature ,y�s7/� Ownery�j.� 111 • 'Additional Conditions of Permit to be attached In separate letter Date Applkiintk nil$75 Fee Readied Total Square Footage ••f Total Months I - . .. . , Total Amount Appco ed_$ I I s 4 z S rd'a -,j^ ; a . l Yyr ^ $ d ' 6 !' -•v ied nittike. pr +y Y ye 4 ,N4{M ti ,tA S k 4� tt 0,� • S , Ti C 4, lPermit Center CEIVED a Counter Checklist: �E ROANOKE Submittal of Permit Application APR 02 2014 City oS Roke c,ennm9�'d1i 'nB and Development ano I i J application Form—appropriate form Application- completed & signed (If applicant is not the owner, need Property Owner signature as well) //Tax Map Number determined based on address provided on application Address - confirmation (application, GIS, Permits Plus) Current Liability Insurance Certificate 7-Supporting documents o Written description and photos of all furniture o Drawing or diagram of Outdoor Dining Area /Verify hours of operation, dates of operation and square footage for which permit is requested azDate Stamp Ap 9 Upton ( t A 1. t Initials of Technicia 1 c. p eting checklist t 1 I I •' „Y a .r r u iA -V '4 �� to<c\2._ lops CcIce '. Maktv \ st-►apc ) -� Lx to c-ith Qi --cps CO ( �n I ' '" l0.befy- I . TO J 12. s+ctrr.et • C D I - 1 k 1/7)04-4_04 I ! i�}a n ln'zzc-f uoz C1u:\trs C a1av-- : S 1ve k-cy X tD : I t XJR -77,'0- 5\'h Cc-- S _�t�,N-mil Hd s + * (IL- " ''l v\_.0 y }_-- >C I T six.-a, E6 + qty . • Page 1 of 1 . g ; t • t 1 y x it t hops:(/gm l.ggpht.com/uJPgFij IOsLOgo3 RcZhiNs1XIY V USGt5 kzlw'_c 5KgYt_i-TgBmn6... 3/31/2014 Page 1 of I 11111 se * https://gml.ggpht.com/fFFXm8aKKDvNWC4 WcMTH_Vn5g9A05MUAmZCFwZ6ZMN... 3/31/2014 Page 1 of I https://gm l.ggpht.com/068IySpQ_sJJV 1 s_8QRIQR7Px1He WMTa4iYFL9akhM0prg-OAH... 3/31/2014 Page 1 of t • _ ii : ... as I►j T;xx 4Nn7 tri igt ' i 4.1t 8i1P !, a ��-. hill �� I PI:IS rttiffieninsr 020 M."'S . * .f 4,"4. 7 4 rt SY- r q f L R 4 T E� https://gm1.ggpht.com'998nM-f5fzgbOX_mSvn9_JwWjtz IssPDsSdoWiSLIL1OmOXaCU... 3/31/2014 Page 1 of 1 https://gml.ggpht.com/UbTgz0dRQa09VwnWR651c49wG WpdONSFyv..1-JzhF'RjOWPg... 3/19/2014 , Page 1 of 1 r $ -, 1. \P 1 i, rei ,..,. .... 1 li _— ii , . .,...„ : ., , ., , 1.. . . . .... ,....___ . er-, ..., • . , r .. • , .....„ .5,,, , .,, _ . y , \ �` ..,. ., .. ,I , , ,7F ,, l .. . , i https://gm l.ggpht.com/SmPzfpFo4Ov j HSEobIKtPbsdSc 59cS FQMX2d2hjrbulNhHbf sms2... 3/19/2014 OD) (4 on ( O 202 MA (�K - riiiiii,��\\\"`,���� REVISED A \/ `4:08 pm,Apr 09, 2014 '—FETAL SF= fioo s�f....f.,. a3Ue 4 " x 1T HL:.. t,, o. i oftAkiralittrills41S' - I -- ,. 1 1E11.1101.1t1W, - t ---1 °Mil" H , Ali: 13, _ I:. ill i , 1 „. 1 . . _ .. •.r I uer}u apls }s!q 6 44 ! I 1 e A. go Z \� S 1 fi(4, ill Eva*%1<0.!'t n1 i 0 "rabk doll iiii ,- r t/�.� u rt1 STEM RoSEac/ YCE V �."v AR Nar Rt8 tNUUDeb EXIT I S entra to / bistr6 side intran 11X3 dirt%j rc.:!Snn en 1 ACORD CERTIFICATE OF LIABILITY INSURANCE DAM(NM DDYTYY) 03/26/2014 PRODUCER (276) 223-1148 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION RISK SOLUTIONS Insurance c Financial Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 110 East Main St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 555 1 theville _-. VA -24382_ - _- INSURERS AFFORDING COVERAGE _ _.___ __ ._._. wS:IT EL A COVingtOn Special ty+ Ins _ _ 202 Market Square Properties, 202 Market NS.REE- , Square LLC T/A MSC, LLC I ,lcl`• PO Box 12843 r JM VRr Roanoke VA 24015- _,IRI-E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONCITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS EXCLUSIONS AND CONDITIONS Of SUCH POLICIES -I;;aF ul.1115 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ..o,ACE I _. _ ._._-...— ._ _ __ ___.__._____--.POLICY EFFECTIVE POLICY EXPIRATION —_____ ._.._._ _-_-.-_ TY ISPC TYPE OF INSURANCE POLICY NUMBER DATE IMM.DD•'YY) DATE(MIA/DEWY) L LIMITS A X GENERAL LIABILITY VBS. 228410 00 10/17/2013 10/17/2014 1 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED 100,000 X ' 1 GENERA LIABILITY PREMISES Ea cco era. 5 _ _ - •• I I Am.MTGE i X1CLCFIR, / / / / MEDEXP;An,Eva vesr s 5,000 PERSONAL a AEA/INJURY S 1,000,000 -- — / / / / _ GENERA} AI„ RELATE S 2,000,000 r AL,.RE CA LIM'T AFLIE 1EI, PRx' TS COMG'OF Ate, S 2,000,000 f IP,:L„ I ,E' T III C.. 1 / / / / i AUTOMOBILE LIABILITY / / I / / I COMBINED SING}.F LIMIT E �L R a S 1 ANY A1 C AI.I.CI,N r AUTOS / / / / BODILY INJURY CPFL sl IAUtGS PB ceraxJ _.. Hi RED AUTOS I / / / / BODILY INJURY ,I NON OARED AUTOS IPelA2:UPNl 1 _. i _. / / / / PROPERTY DAMAGE I (Pr acedef I U I `GARAGE LIABILITY AUTO ONLY.EA ACCIDENT I I. I ANY AUTO / / / / OTHER THAN EA ACE, S• AUTO ONLY AUG 5 EXCESS UMBRELLA LIABILITY / / / / EACH OCCURRENCE S I OCCUR L CLAIMS MADE AGGREGATE I I OFDUCIMII / / / / __.t- .._ __. . • ' 9l II I. 1, T i IJ I WORKERS COMPENSATION AND / / / / L HY I.4115 IOER EMPLOYERS'LIABILITY _-_- - �.- - - ANYPROPRIIiIOR/PARTNRRTEXECU TIM: E l EACH ACC IU&NF I OFFICER'MEMOER EXCLUDED' / / / / EL (DISEASE EA EMPLOYEE S 11 E , r E L DISEASE-POIIdY LIMIT I C THER I I / / / / / / 1 / / / / / DE SCR PTION OF OPERATIONS LOCATIONSNEHICLES EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS PER THE TERMS, CONDITIONS G EXCLUSIONS OF THE POLICY FORMS. The certificate holder below, The City of Roanoke, its officers, employees and agents, assigns and volunteers are camel as additional insured's for the outside dining exposure in regards to the General Liability Policy listed above CERTIFICATE HOLDER CANCELLATION ( ) - ( ) - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER %ILL ENDEAVOR TO MAIL 030 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT City of Roanoke - Planning, Building 6 FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION DR LIABILITY OF ANY KIND UPON THE Economic Development INSURER.ITS AGE REPRESENTATIVES 215 Church Ave. AUTHORIZED REP NTATIVE ' j,, � ''''f� Y7' LC . 4.71,01° Rcaooke VA 24011- c�- /=g r�., /- A-;-,RE 75 120011081 L. r ACORD CORPORATION 191■ ,r IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such • em it's sumentts). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon • • • ACORD 25(2001/08) INS025_• AMS ' Qe r 2 EXHIBIT "E" (Appeal received by the City Clerk, Tuesday, January 13, 2015) CITY OF ROANOKE ' t 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: cicrkCroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 14, 2015 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I am enclosing copy of a Petition for Appeal filed by Dr. Stephen Rosenoff and 202 Market Street, d/b/a Stefano's on the Market, in connection with a decision of the Architectural Review Board at its meeting of December 19, 2014, denying your request to amend the previously approved Certificate of Appropriateness to allow roll-down awnings on the side of the building located at 202 Market Street, S. E., which is not consistent with the H-1 Guidelines. The petition was filed in the City Clerk's Office on Tuesday, January 13, 2015. Section 36.2-530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 calendar days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition, unless the property owner and the Agent to Architectural Review Board agree to an extension. The Council may affirm, reverse or modify the decision of the Architectural Review Board, in whole or in part, or refer the matter back to the Board. With the concurrence of City Council, a public meeting will be scheduled for Monday, March 16, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, to render a decision in connection with the above stated matter. Sincerely, ItSan..c.t...) hIcifrn P I Stephanie M. Moon Rey'hefds, M • City Clerk Enclosure Mayor and Members of Council January 14, 2015 Page 2 pc: John S. Edwards, Esquire, P.O. Box 1179, Roanoke, Virginia 24006-1179 Dr. Stephen Rosenoff, 202 Market Street, S. E., Roanoke, Virginia 24011 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Par e JiiharfPap , Agent, Architectural Review Board Derek Cundiff, Chair, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) PETITION FOR APPEAL 202 Market Street and Dr. Stephen Rosenoff ) This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36,2-530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s): Stephen Rosenoff and 202 Market 2. Doing business as (if applicable): Stefano's on the Market 3. Street address of property which is the subject of this appeal: 202 Market Street, SE, Roanoke, Virginia 24011 4. Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighborhood Overlay District) of property(ies) which is the subject of this appeal: H-1 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: December 19, 2014 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2-330, if H-1 or Section 36.2-331, if H-2): Section 36.2-330 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: Roll-down awnings on the side of the building. 8. Grounds for appeal: Application complies with all applicable architectural design guidelines. Among other things, the application provides roll down enclosures to protect patrons from inclement weather, when necessary. Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City Council: John S. Edwards, Esq. P.O. Box 1179 Roanoke, Virginia 24006-1179 540-985-8625— Phone 540-345-9950 - Fax jselaw@edwardsva.com WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) Signature of Petitioner(s) (If not Petitioner): or representative(s), ere applicable: Dr. Stephen Rosenoff 202 Market Street Name (Print or Type) Name (Print or Type) TO BE COMPLETED BY CITY CLERK: Received by: IL ' , r �Vcn ti; I31 15` 1 Today, Afira DeVries became the President and CEO of United Way of Roanoke Valley. Her skills as a resource development, strategic planning and project management professional have been built at four United Way agencies over the past 17 years, first as a volunteer, then as a staff member and senior executive. Ms. DeVries is currently the Chief Development and Innovations Officer at United Way Suncoast in Tampa, FL. She also serves as a trainer and speaker for United Way Worldwide and is well known and regarded among United Way executives across the United States. Ms. DeVries is a graduate of Averett University in Danville, VA. She is also a graduate of the United Way Executive Resource Development Institute at University of Indiana's Lilly Family School of Philanthropy, where she completed a two-year fellowship offered to only twenty United Way senior executives per class. She also completed a six course graduate-level program at Cornell University on strategic planning, project development, coaching and talent management. Office of'the Mayor C ITN' OF ; ' ROANOKE totiamalion WHEREAS, Billy Weitzenfeld will be retiring after sixteen years of service as the Executive Director of the Association of Energy Conservation Professionals; WHEREAS, Billy is the Executive Director of the Sustainable Living Education Center in Floyd, Virginia; a past member of the U.S. Green Building Council, Southwest Virginia Chapter; a member of the Virginia Weatherization Policy Advisory Council, the Virginia State Corporation Commission Consumer Education Advisory Board, Sustain Floyd Resilient Virginia, and Rebuilding Together- Roanoke; WHEREAS, Billy holds a Bachelor's Degree in Sociology from Old Dominion University; and is a Certified Home Energy Rater; and is highly respected amongst industry and government professionals for his diplomacy and consistency in handling difficult conversations concerning energy efficiency, weatherization and utilities; WHEREAS, Billy was instrumental during the mid—]990's in developing state legislation that reallocated funds from the Department of Social Services Fuel Assistance Program to the State Weatherization Program resulting in recurring savings to citizens of the Commonwealth of Virginia who are in a low or moderate income status; WHEREAS, through Billy's industrious efforts, the fifteen year, admission free, Green Living and Energy Expo that focused on energy efficiency, alternative energy education and attracted over 30,000 participants, including many school children from the area held at the Berglund Center was the first and longest running event of this type in the United States; WHEREAS, Roanoke has developed a reputation for being one of the leading environmentally focused communities in Virginia, in part, due to the Green Living and Energy Expo and the tireless work of Billy;and WHEREAS, the Roanoke City Administration and Billy's peers are grateful for his significant contributions toward reducing energy consumption for residents of Roanoke and Southwestern Virginia. NOW, THEREFORE,I,David A. Bowers, Mayor of the City of Roanoke, Virginia, in recognition of his valuable service to the citizens of Roanoke, do hereby proclaim March 16 throughout this great, six-time All-America City, as BILLY WEITZENFELD DAY. Given under our hands and the Seal of the City of Roanoke this sixteenth day of March in the year two thousand and fifteen. ATTEST: Stephanie M. oon ynolds e,.,-''r''rtz -- ---;-7--.= David A.Bowers City Clerk Mayor °-1r CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.,Suite 456 Roanoke,Virginia 24011-1536 J r. Telephone: (540)853-2541 Fax: (540)853-1145 Srl?PIIANIE M.MOON REYNOLDS,MMC E-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk March 24, 2015 CECELIA T.WEBB,CMC Assistant Deputy City Clerk Michael Woolwine Hughes Associates Architects and Engineers P. O. Box 1034 Roanoke, Virginia 24005-1034 Dear Mr. Woolwine: I am enclosing copy of Ordinance No. 40188-031615 permanently vacating, discontinuing and closing a 10 feet wide and 35 feet long alley located on the south side of Orange Avenue, N. E., between 11th Street and 12th Street, N. E., adjoined by Official Tax Map Nos. 3050402, 3050403, 3050405, and 3050406. Pursuant to Ordinance No. 40188-031615, 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 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. Such plat will not be approved until the applicant, or any person or entity associated with or on behalf of the applicant, has provided streetscape improvements consisting of curb, gutter and sidewalk installed in compliance with all applicable City standards, adjoining the applicant's properties on 11th and 12th Street, N. E., or has posted security acceptable to the City for installation of such improvements. If the applicant fails to provide such streetscape improvements or post such security, the plat will be approved upon receipt of payment, in the amount of$1,283.66. Furthermore, upon recording a certified copy of Ordinance No. 40188-031615 with the Clerk of the Circuit Court, the applicant shall file with the City Engineer the Clerk's receipt demonstrating that such recordation has occurred. If the aforementioned conditions have not been met within a period of one year from the date of adoption of Ordinance No. 40188-031615, then such ordinance shall be null and void with no further action by City Council being necessary. Michael Woolwine March 24, 2015 Page 2 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015, and is in full force and effect upon its passage. Sincerely, 4-40-01.4.A.Th rh •Stephanie M. Moon Reyndlds, M City Clerk Enclosure pc: The Honorable Brenda Hamilton, Clerk, Circuit Court The Honorable Evelyn Powers, City Treasurer Alvin Woods, 1814 Hidden Forest Drive, Goodview, Virginia 24095 May Ram, LLC, 6022 Columbia Pike, Falls Church, Virginia 22041 Jerry L. Reed, 1116 Orange Avenue, N. E., Roanoke, Virginia 24012 Racetrac Petroleum, Inc., P. O. Box 22845, Oklahoma City, Oklahoma 73123 Webster Properties, LLC, 1000 Coyner Springs Road, N. E., Roanoke, Virginia 20412 Ronnie and Joyce T. Harper, 1207 McDowell Avenue, N. E., Roanoke, Virginia 24012 Fairmont, LLC, 4029 Hazelridge Road, N. E., Roanoke, Virginia 24012 Claude W. and Doris M. Trent, 1207 McDowell Avenue, N. E., Roanoke, Virginia 24012 Chris Craft, Wildwood Civic League, 1501 East Gate Avenue, N. E., Roanoke, Virginia 24012 Tina Carr, Secretary, City Planning Commission Frederick Gusler, Senior City Planner Ian Shaw, Agent, City Planning Commission Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney ' 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 2015. No. 40188-031615. AN ORDINANCE permanently vacating, discontinuing and closing a public right-of-way in the City of Roanoke located on the south side of Orange Avenue, N.E., between I1th Street, N.E., and 12th Street, N.E., as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Alvin Woods 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 March 16, 2015, 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: a 10 ft. wide and 35 ft. long alley located on the south side of Orange Avenue, N.E., between 11th Street, N.E., and 12th Street, N.E., adjoined by Official Tax Map Nos. 3050402, 3050403, 3050405, and 3050406, 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 IF FURTHER ORDAINED that closure of the subject right-of-way shall be subject to the following conditions: 1. 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 2 land within the right-of-way to be vacated in a manner consistent with law, and 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- o f-way. 2. Such plat shall not be approved until the applicant, or any person or entity associated with or on behalf of the applicant, has provided streetscape improvements consisting of curb, gutter and sidewalk, installed in compliance with all applicable City standards, adjoining the applicant's properties on I1°i Street, N. E., and 12°' Street, N. E., or has posted security acceptable to the City for the installation of such improvements. 3. If the applicant does not provide such streetscape improvements or post such security, the plat will be approved upon the payment to the City of Roanoke $1,283.66. 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. 3 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§I2 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Cler . Vacate Orange Ave alley between 11 and 12th st.doc 4 ""t City COUNCIL AGENDA REPORT viVeMpt To: Honorable Mayor and Members of City Council Meeting: March 16, 2015 Subject: A request from Alvin Woods requesting that the alley located on the south side of Orange Avenue, N.E., between 11th Street, N.E., and 12" Street, N.E., adjoined by Official Tax Map Nos. 3050402, 3050403, 3050405, and 3050406, be permanently vacated, discontinued, and closed. Recommendation: The Planning Commission 'recommends vacation of the right-of-way as requested. The applicant should not be charged for the value of the right-of- way provided that certain streetscape improvements (curb, gutter and sidewalk) are installed. Vacation should 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. Such plat will not be approved until the applicant, or any person or entity associated with or on behalf of the applicant, has provided streetscape improvements consisting of curb, gutter and sidewalk installed in compliance with all applicable City standards, adjoining the applicant's properties on 11th and 12`h Street, N.E., or has posted security acceptable to the City for the installation of such improvements. If the applicant fails to provide such streetscape improvements or post such security, the plat will be approved upon the payment of $1 ,283.66. 2. 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. 3. Upon meeting all 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. 4. If the above conditions have not been met within a period of one year 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. Respectfully submitted,l tlChad Van Hyning Chair, Planning Commission cc: Chris Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney 2 Application Information Request: Alley Vacation Adjoining Alvin Woods Owner/applicant City Staff Person: Frederick Gusler Site Address/Location: 1 1 1 3 11" St, N.E. Official Tax Nos. of 3050402, 3040403, 3040405, 3040406 adjoining properties: Site Area: +/- 346 Square Feet Existing Zoning: CN, Neighborhood Commercial Proposed Zoning: CG, General Commercial, subject to concurrent rezoning Existing Land Use: Vacant building Proposed Land Use: Commercial, Used Auto Sales Neighborhood Plan: Hollins/Wildwood Specified Future Land Commercial Use: Filing Date: January 30, 201 5 Background Concurrent with this application, the applicant has applied to rezone the adjoining properties from CN, Neighborhood Commercial, to CG, General Commercial, with the intent of opening a motor vehicle sales and service establishment, used. Considerations The existing portion of alley is unimproved and dead ends at Official Tax Map No. 3050406. It appears the alley was platted with this configuration, or an adjoining portion was vacated long before Orange Avenue was widened. Regardless, the applicant intends to access the property off of 12`h Street and the alley is not useful for access or City services. The value of the property is $1 ,283.66, based on the median value of the adjoining property's land. As part of the rezoning request, the applicant has proffered to install right-of-way improvements including curb, gutter, sidewalk and street trees on the three street frontages related to Official Tax Nos. 3050402, 3040403, 3040405, 3040406. The applicant will be required to submit the costs of the improvements to the City prior to the final review of the required plat combining the properties. The value of the improvements will be weighed against the total value of the property. It is expected that the value of the improvements will be greater than the value of the right-of-way to be vacated. The applicant will be required to pay any balance after the improvements have been accounted for. 3 Surrounding Zoning and Land Use: Zoning District Land Use North 1-1 , Light Industrial Commercial, Industrial South I-1 , Light Industrial Residential East CN, Neighborhood Commercial Commercial West CG, General Commercial Commercial Compliance with the Zoning Ordinance: The applicant has requested a rezoning of the adjoining properties. If approved, all of the properties and the vacated alley will be combined into one parcel, which will be more conducive to future use. Conformity with the Comprehensive Plan and Neighborhood Plan: Vision 2001-2020 encourages new development or revitalization of underused sites to conform to the general design principles found in City Design: The Plan's Unifying Theme. Vision 2001-2020 also encourages traditional neighborhood design, which incorporates alleys and rear access. However, this alley is not suitable for vehicular access and no city services can use it. Public Utilities: No utility companies oppose the request. City Department Comments: Economic Development supports the request as the alley will assist the owner in putting the adjoining properties into use. Public Comments: None Planning Commission Work Session: None 4 The Roanoke Times Account Number Roanoke, Virginia 6011439 Affidavit of Publication Date CITY OF ROANOKE -POV March 03, 2015 Alin Tina M. Cart 215 CHURCH AVE ROOM 166 ROANOKE, VA 24911 Cale Category Oescriplan Atl Sias Total Cost 0 310 312 01 5 Winners, Ni PUBLIC HEARING NOTICE All pri hearings advertised her 1 x 161 L 153532 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the Slate of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE Al was published in said newspapers on the following dates: 0224.0 310 312 01 5 The First insertion being given... 02124rz015 Newspaper reference: 0000136479 U �u kL &V-- Billing Representative Sworn to and subscribed before me this Tuesday. March 3, 2015 I� .aryl ru� .Pr..... , , NOTA R Y Stateo Virginia a2 PUBLIC REG a332964 City)Caunty of My Commission expires *1 MYCOMMRSON I HIZi Izi NUI A FULL. YLGAJC r'AY rKUM INVUIOL. IMANN TLIU snwBl, snmi i aM Nree.- Ohlboll lots Dacia, PUBLIC HEARING NOTICE asgre, a" MM sooeoi la n."S, nom dined u[, planned via ml rynle museums aerertisee xe2m =re _I, plan Respond) wnl be led m be city a o,emadoI No 59 di abortion f3Rd C fil llooq them dul Noel by on, Coul l oo Marco IB. off to L. tm y- helical frold'mg. IT' land CnurtM1 toanrxc, ezelontend man P1. inn mrymlt ml a ponI...a, are armlade .ovpnearon is to peg he conzbucbon for review m me Madrid, Buaelnq o buildings dedupp a ainPlnu, l6a) and Bare —at omg,. arefar;nty and a miry 2rs enurrn Avenue. Ill reanowe i5oi urn e s st =a limy la[."I' to ban,io rear. he land a :eiloalezwee Ned, Any Person with a mubglty regm,mg modal its End goes, Immg n. blemse: v medial u[ommoaadnrn m donna aseambty an m partidpate in Inn mumengs mould enleRainmen[, Public Ill ional Dolan Nahelng. handing all and [pm I us aVabinnent at (Sao) B ",1 a transport 6on,mu agnculturith end least ore ears pro, In meSennmwee win a mad mum a .,I, neannq. V[ol one dwelling art Per lIII an m n me o'n rehen plan designated m, TeJadendolal.-nPut nIan na I eae,naz rm yertr lw .I S. f:lP a,m 9. vats. a ...... al n : =. eat matters ayadaheard. ai me.aemems: m ornnotm gmsAltler messappli[a[irnz: M.e m1arv.Gq planing dermal. Lrmmr :[inn Commission sort Alvin and to m, at order m r d[ tea a wv era note rabh[ nee uullrnnteeelXhreeexnnp on;aai Illl.a vas bou 2hswm: three e , I.. fallonerrno allth scat. a mSPone nea,e. n do ill desire lots Pn t)u sneer. o, zoanulM man =,z Din rag oa. r ..a, ,troulz, ddle let Il het xna an anity, sop note M. Moon tevno ea. MMe yea n Orange A neannq VIdi Crry Clerk OlL[s i . .andaGO5. amil[ation Is tr rezone the property IDe Cib of toanoxe hoard of Zoning /mm [ cal- Neighborhood Appeals will nolo Public dealings on hi.m[v koiimcemmmnalsenerel n u, ells. at boo r. m., or oizta[I. wIn I nm9eni be as me man=, mar be Heard, to to re aae Ronald nahou of Cub,g theyyenne. Vao car eNo sideuelx alone Ran rvazt N E. Woperno Iodated ane 292 st ane Ipm N.C.. tae snananeoan A bearing ImpmYemed. and too, with h mom Tax NOS 2410105 Bold 2410205, ,uIld era. The Inn, use wtli enbep. fa, a special I varnon Permitted m the LG hrstdcl aging, nersel to $ecnon w24oslm. modenume aae ....P Iwaff. Sunni core of the city of toannx, i musical inaagoial: a=z,melr and 11921), a on ads. o public ietlm6wal a roam'. amx rl cued of a[on aM� munitl facillNer, lrnhume us cocain? utility 1 agrlwlomC gregate of 25% of emnspolVter, nd grog rv. wish a maamam nod, erg, of worm. I al es gIIIeJ moda pr 50. The[ nsilm reesipnales cation by In Ue report, Cmlmnme real AMP-11.1e Infect ➢anbmnold eommm[a use The 11.1). nr pmrvty leashed at proposed am rl Re mooed Is use, 210 penal on table. s... th ering oln1la1 sNO1213505, sales ane seMge. Tea her a mo[li FoYenrles pl¢mion wooed Bern an w"Puld m srolued IN requesoeq that, me all, no=atea on its all IN I me, Zinn.. Sued m m, sae0 Ora rani Ply of tea a (1979). adz amenael . mg-am hen sl laid to Iadbnzh e.orx,1Mm re,t NF. adjusted m official Tads Appn[aaon Pled I, mrnae all, -err losoao2. gasaa0s, err m[am at sae Nrnnngton a ea to sa<06. oe prmanent, ra[atee. PQUie,are, N.L, beumg omnal T. diz[onnued. and close¢ The they is zo11e1m2 her a l appeal of the arpheammmy IB ft wide and s ft rmng eamnl al deli en s long and Iron. the Orange AlenuL Tel to $tt[on )62 -R4. Zom . N E., Xgnl of way on ane zutn side of oa e of MI 1 of toanoMI l life). as energy m,he,. N.E. meee,e, to anon n al e pe n xo ILL, t �'a more, vehicle m a here mobility leaned dear, III sort Rr , bearing OZed T. Na dro l2f. 1115 GXtnn I nes l nel. sismo:y. fly Board of toad, sw. al log unfi l The he Zo.do appeals snm02: foal unaddressed lots o toad. s. w., hoar m d onm lady 1ur PUBLIC HEARING NoEICE PUBLIC HEARING NOTICE All public hearings advertised herein will beheld 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 Choi ch Avenue, S.W., Roanoke, Virginia. 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 March 9, 2015, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application fi om Alvin and Bonita Woods to rezone property located at 1 113 11 °i Street, N.H., bearing Official Tax No. 3050407; three unaddressed lots on 11 `s Street, N.E., bearing Official Tax Nos. 3050402, 3050403, and 3050406; and all unaddressed lot on Orange Avenue, N.E., bearing Official Tax No. 3050405. The application is to rezone the property from CN, Commercial - Neighborhood District, to CG, Commercial- General District, with conditions. The conditions require, among other things, the installation of curb, gutter, and sidewalk along 11" Street, N.B., and 12f' Street, N.E., and improvements consistent with guidelines. The land use categories permitted in the CG District include accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with it maximum floor area ratio of 5.0. The comprehensive plan designates the property for Neighborhood Commercial Use. The proposed use of the property is used motor vehicles sales and service. Application from Alvin Woods requesting that the alley located on the south side of Orange Avenue, N.E., between I I" Street, N.E., and 12 °i Street, N.H., adjoined by Official Tax Map Nos. 3050402, 3050403, 3050405, and 3050406, be permanently vacated, discontinued, and closed. The alley is approximately 10 ft. wide and 35 ft, long and fronts the Orange Avenue, N.E., right of way on the south side of Orange Avenue, N.E. Application from PR Homes, LLC, to rezone property located at 4414 Pheasant Ridge Road, S.W., bearing Official Tax No. 5460124; 4345 Griffin Road, S.W., bearing Official Tax No. 5470302; tour unaddressed lots on Griffin Road, S.W., bearing Official Tax Nos. 5470301, 5470303, 5470304, 5470305; and three unaddre"ed lots on Van Winkle Road, S.W., bearing Official Tax Nos. 5470306, 5470307, 5470308; from Mixed Use Planned Unit Development Plan (MXPUD), Ordinance No. 3 961 0- 03 1813, adopted by City Council on March 18, 2013, to Institutional Planned Unit Development Plan (INPUD). The application is to permit construction of buildings housing it sixty-tom (64) unit memory care facility and a ninety (90) emit assisted living facility. 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 mixed density residential and single family residential use, but does not specify density. Tina M. Can', Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on March 16, 2015, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon Reynolds, MMC, City Oct k The City of Roanoke Board of Zoning Appeals will hold public hearings on March 11, 2015, at 1:00 p.m., or as soon as the matter may be heard, to consider these applications: Application filed by David Rowland for property located at 2534 and 2532 Shenandoah Avenue, N.W., bearing Official Tax Nos. 2410205 and 2410206, respectively, for a special exception pursuant to Section 36.2- 705(c), Zoning, Code of the City ofRoanoke (1979), as amended, to permit an increase in volume. area, or extent of a nonconforming use not exceeding an aggregate of 25% of a nonconforming place of worship use. Application filed by Local Environmental Agriculture Project, Inc. (LEAP), for property located at 1210 Patterson Avenue, S.W., bearing Official Tax No. 1213505, for a special exception pursuant to Sections 36.2 -315 and 36.2 -560, Zoning, Code of the City of Roanoke (1979), as amended, to establish a workshop. Application filed by Michael Atkins for property located at 508 Huntington Boulevard, N.E., bearing Official Tax No. 3181012, for an appeal of the Zoning Administrator's decision relating to Section 36.2 -424, Zoning, Code of the City of Roanoke (1979), as amended, to allow the parking of a certain motor vehicle in a residential district. Tina M. Carr, Secretary, City Board of Zoning Appeals Please publish in newspaper on'1 uesday, February 24, 2015, and 'IUesday, March 3, 2015. Please bill and send affidavit of publication to: Tina M. Can' Secretary to the Board of Zoning Appeals Secretary to the Planning Commission Planning Coordinator Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1330 tina.carr @roanokeva.gov 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 AFFIDAVIT APPLICANT: Alvin Woods LOCATION: 11th St, NE, Tax Nos. 3050402, 3050403, 3050406 & 3050405 REQUEST: Alley Vacation COMMONWEALTH OF VIRGINIA ) TO-WIT: CITY OF ROANOKE ) The affiant, Tina M. Carr, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail this day of , 2015, notices of a public hearing to be held on this day of , 2015, on the request captioned above to the owner or agent of the parcels as set out below: Tax No and Owner's Name and Address 3042137 3042142X 3050104 MAY RAM LLC MAY RAM LLC REED JERRY L 6022 COLUMBIA PIKE 6022 COLUMBIA PIKE 1116 ORANGE AVE NE FALLS CHURCH VA 22041 FALLS CHURCH VA 22041 ROANOKE VA 24012 3050107 3050315 3050402 REED JERRY L RACETRAC PETROLEUM INC WOODS ALVIN FREDRICK 1116 ORANGE AVE NE PO BOX 22845 1814 HIDDEN FOREST DR ROANOKE VA 24012 OKLAHOMA CITY OK 73123 GOODVIEW VA 24095 3050403 3050405 3050406 WOODS ALVIN FREDRICK WOODS ALVIN FREDRICK WOODS ALVIN F & BONITA M 1814 HIDDEN FOREST DR 1814 HIDDEN FOREST DR 1814 HIDDEN FOREST DR GOODVIEW VA 24095 GOODVIEW VA 24095 GOODVIEW VA 24095 3050407 3050408 3050409 WOODS ALVIN F & BONITA WEBSTER PROPERTIES LLC WEBSTER PROPERTIES LLC M 1000 COYNER SPRINGS RD 1000 COYNER SPRINGS RD 1814 HIDDEN FOREST DR ROANOKE VA 24012 ROANOKE VA 24012 GOODVIEW VA 24095 3050501 3050515 3050525 HARPER RONNIE L & FAIRMONT LLC TRENT CLAUDE W & DORA M JOYCE T 4029 HAZELRIDGE RD 1207 MCDOWELL AVE NE 1207 MCDOWELL AVE NE ROANOKE VA 24012 ROANOKE VA 24012 ROANOKE VA 24012 3050526 FAIRMONT LLC 4029 HAZELRIDGE RD ROANOKE VA 24012 Tina M. Carr SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this day of , 2015. Notary Public Ariak',Y CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 .4 Roanoke,Virginia 24011-1536 _ - Telephone: (540)853-2541 Fax: (540)853-1145 STF:PIIANIE M.MOON REYNOLDS,MMC F.-mail: clerk(7roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk March 3, 2015 Alvin Woods 1814 Hidden Forest Drive Goodview, Virginia 24095 Dear Mr. Woods: 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 to be heard by the City Planning Commission on Monday, March 9 at 1:30 p.m., in the Council Chamber regarding g your request that the alley located on the south side of Orange Avenue, N. E., between 11 and 12 Street, N. E., specifically adjoining Official Tax Map Nos. 3050402, 3050403, 3050405 and 3050406, be permanently vacated, discontinued and closed. Furthermore, a public hearing also has been scheduled to be held on Monday, March 16 at 7:00 p.m., or soon thereafter as the matter may be heard before the Roanoke City Council in the Council Chamber. Should you have questions regarding the public hearing before the Planning Commission as abovementioned, please contact Tina Carr, Secretary, City Planning Commission, at (540) 853-1330. Lastly, it will be necessary for you, or your representative,to be present at the March 16 Council public hearing. Failure to appear could result in a deferral of the matter until a later date. If you should have questions regarding the public hearing before City Council, please feel free to contact the City Clerk's Office at (540) 853-2541. Sincerely, t &tjn. Ors` . l Stephanie M. Moon Reyncids, MMC� City Clerk .' ` w CITY OF ROANOKE At OFFICE OF THE CITY CLERK } ;;Y 215 Church Avenue, S. W., Suite 456 Ij Roanoke,Virginia 24011-1536 ti Telephone: (540)853 2541 Fax: (5411)853-1145 STEPHANIE.M.MOON REYNOLDS,MMC E-omit: elerk(a!ro:mukeva'gov JONATI IAN E.CRAFT,CMC City Clerk Deputy City Clerk C'ECELIA T. WEBB,CMC Assistant Deputy City Clerk March 3, 2015 May Ram, LLC Jerry L. Reed Racetrac Petroleum, Inc. Webster Properties, LLC Ronnie and Joyce T. Harper Fairmont, LLC Claude W. and Doris M. Trent Ladies and Gentlemen: 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 to be heard by the City Planning Commission on Monday, March 9 at 1:30 p.m., in the Council Chamber regarding g your request that the alley located on the south side of Orange Avenue, N. E., between 11 t and 12` Street, N. E., specifically adjoining Official Tax Map Nos. 3050402, 3050403, 3050405 and 3050406, be permanently vacated, discontinued and closed. Furthermore, a public hearing also has been scheduled to be held on Monday, March 16 at 7:00 p.m., or soon thereafter as the matter may be heard before the Roanoke City Council in the Council Chamber. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853-1330. Questions regarding the public hearing on March 16 before City Council may be directed to the City Clerk's Office at (540) 853-2541. Sincerely, All--- -4..) On). O" Reynol M. Moon eynol , MM City Clerk pc: Chris Craft, Wildwood Civic League, P. O. Box 12804, Roanoke, Virginia 24028 CITY OF ROANOKE t 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,MM E-mail: elerk(roroanokeva'guv JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk January 27, 2015 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: Pursuant to Chapter 30 - Streets and Sidewalks, Article I - In General, Section 30-14 - Procedure for altering or vacating city streets or alleys, fees therefor, 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 January 26, 2015, from Alvin Woods that the alley located on the south side of Orange Avenue, N. E., between 11th Street and 12th Street, N. E., specifically adjoining Official Tax Map Nos. 3050402, 3050403, 3050405 and 3050406, be permanently vacated, discontinued and closed. Sincerely, Ahtetn,; - Oft '- -' Stephanie M. Moon Rynolds MMC City Clerk Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Alvin Woods, 1814 Hidden Forest Drive, Goodview, Virginia 24095 Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney �l Y/ APPLICATION STREET OR ALLEY VACATION ROANOKE Date: January 26,2015 To Office of the City Clerk 111 Gigtii-A***CM Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. 0 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: The alley is located on the south side of Orange Avenue NE between 11th Street NE and 12 Street NE. Specifically it adjoinsTax Parcels 3050402, 3050403, 3050405 and 3050406. The alley is 10 ft.wide and fronts on the Orange Avenue right of way.The metes and bounds are as follows; beginning at a point N76deg. 09'21"E 10.01', S17deg.22'00"E 34.29', S72deg. 38100"W 10.00'and N17deg.22'00"W 34.90'to the point of beginnning, containing 345.96 sf. Ownership of all parcels is the same and will be combined. Proposed use of vacated street or alley: The alley will be part of a larger 0.378 parcel, in which a Motor Vehicle Sales and Service Establishment, Used,wiill operate. Name of Applicant/Contact Person: Mr.Alvin Woods Mailing Address: 1814 Hidden Forest Dirve Goodview,VA 24095 Telephone: ( ) 540-890-2402 Fax: ( ) 540-890-6968 Email: carsau1o81 @yahoo.com Ap icpt( signature(s): MI I have read, signed and dated the attached page outlining conditions required for a successful closure. 5 ■ Ili le -- Y / rAX PARCEL: 3050402 lies To A P ert �i ull zoNING: G" y ORANGE AVE. N.E. 0.02,0 Ac.) (U.S. RL 460) 10' PLLE TO F-i- –� ,i (Variable Width Right-Of--Way) ° +- 600 TO N E ail 8E Vp Krer, (MY.: 'Walk k %% / // (� 3 Cont. Wal N 75 09 21' E 8087 o' p� 7 - _ --26.55' o 44.25' -_ – �– — 01 �Y l�0 /i // ,� of 7� 1E66' r77.7 '�– b o o iti9 AA 1/( //tb r 14 err E 77h a Ls ti N 72' 38 % /_�I .� ap 4Z,if) '9iP ,A A\ / I ill /,\%.-- ..9 Q NB � TS NQ as 9oC/A-rc, 11I X15 p_ D- I '(F- R n 'J O _ �V O � � � �� o'@`"pEy-' r x�aRCEL: 3�oao3 < o " / a a.ez' -{` II 1 C\... 0"P ZONINO.- - z z sz.00' s `�,, sea 1 i l ,a 0487 Ac.) 10.00'_ I �� I / 18.91' o1v/ — -f– (Total) V I I I II o/ -j / cite — E 153-00 ( �I / I ' I III 11 �� N 77 38 00" II 7 18" RCP _ I j m �� 0 . 111 11 o I I 1 �� II h : II/ii IN 0 I o TAX PARCEL: 3050406 Ii1 . w W W V o ? ZONING: CN r. p I Z -`a, ii k3 1 I g, (0.1393 AC.) 150_32 – n 11 1 it i N 72'3B' 00� .— — of I 3 0 r.V c (� Conc. �� �-- a ll 1—Story—Frame Pod Gravel Driveway �3 2 I� a "' o �o w� Crawl � w W _ ` x(1113 TAX PARCEL: 350407 FF 826.30 – ZONING: CN �/ �5" Oak 6nck Planter tom:. ° (0.7368 AC.) _– l:gi' nc_Wolf, EM 515:5 o3 --::7:::gn Wood 1e^c I 0, yy fit A. _ dt®_ _ F _ G ve ]2�-� CC \tai. '<IEE4ER PEOPE3TIIE5 LL '� _F — _ L - -a h woo cote `�.�O PARCE��DO°0350408 R a a�� ,er��' NAP °E°NA"°�"I HUGHES I i F90,1 LOT 3. ELK 9 OF ZONING ' ASSOCIATES GRAPHIC SCALE RCHITECTS 20 10 20 EXHIBIT 1 40 00NGI EERS h = r v 20 ) El 1 inch h == 20 ft. 3050107 3050104 �\ w , Su \ \ _b ed Alley+y \ / V & 3050405 \ ( 3050A02 ° \ \ \ik � ° i \ 1 \ \ \ t °1 t . 5 3050#0 a N Potential Aley Vacs|on: % Or nge A ye, N E ' 0, , 2 APPLICANT: Alvin Woods LOCATION: 11th St, NE, Tax Nos. 3050402, 3050403, 3050406 & 3050405 REQUEST: Alley Vacation Adjoining Property Owners Tax No and Owner's Name and Address 3042137 3042142X 3050104 MAY RAM LLC MAY RAM LLC REED JERRY L 6022 COLUMBIA PIKE 6022 COLUMBIA PIKE 1116 ORANGE AVE NE FALLS CHURCH VA 22041 FALLS CHURCH VA 22041 ROANOKE VA 24012 3050107 3050315 3050402 REED JERRY L RACETRAC PETROLEUM INC WOODS ALVIN FREDRICK 1116 ORANGE AVE NE PO BOX 22845 1814 HIDDEN FOREST DR ROANOKE VA 24012 OKLAHOMA CITY OK 73123 GOODVIEW VA 24095 3050403 3050405 3050406 WOODS ALVIN FREDRICK WOODS ALVIN FREDRICK WOODS ALVIN F & BONITA M 1814 HIDDEN FOREST DR 1814 HIDDEN FOREST DR 1814 HIDDEN FOREST DR GOODVIEW VA 24095 GOODVIEW VA 24095 GOODVIEW VA 24095 3050407 3050408 3050409 WOODS ALVIN F& BONITA M WEBSTER PROPERTIES LLC WEBSTER PROPERTIES LLC 1814 HIDDEN FOREST DR 1000 COYNER SPRINGS RD 1000 COYNER SPRINGS RD GOODVIEW VA 24095 ROANOKE VA 24012 ROANOKE VA 24012 3050501 3050515 3050525 HARPER RONNIE L&JOYCE T FAIRMONT LLC TRENT CLAUDE W & DORA M 1207 MCDOWELL AVE NE 4029 HAZELRIDGE RD 1207 MCDOWELL AVE NE ROANOKE VA 24012 ROANOKE VA 24012 ROANOKE VA 24012 3050526 FAIRMONT LLC 4029 HAZELRIDGE RD ROANOKE VA 24012 of RQ,� 7 n - - V\ CITY OF ROANOKE ti Rfr " " OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 11417, Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk @iroanokevn.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk March 24, 2015 Michael Woolwine Hughes Associates Architects and Engineers P. O. Box 1034 Roanoke, Virginia 24005-1034 Dear Mr. Woolwine: I am enclosing copy of Ordinance No. 40189-031615 rezoning certain property located at 1113 11th Street, N. E., bearing Official Tax Map No. 3050407, three unaddressed lots on 11th Street, N. E., bearing Official Tax Map Nos. 3050402, 3050403, and 3050406, and an unaddressed lot on Orange Avenue, N. E., bearing Official Tax Map No. 3050405 from CN, Commercial-Neighborhood District, to CG, Commercial-General District, subject to certain proffered conditions, as set forth in the Zoning Amendment Amended Application No. 1 dated February 16, 2015. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure Michael Woolwine March 24, 2015 Page 2 pc: The Honorable Brenda Hamilton, Clerk, Circuit Court Alvin and Bonita Woods, 1814 Hidden Forest Drive, Goodview, Virginia 24095 May Ram, LLC, 6022 Columbia Pike, Falls Church, Virginia 22041 Jerry L. Reed, 1116 Orange Avenue, N. E., Roanoke, Virginia 24012 Racetrac Petroleum, Inc., P. O. Box 22845, Oklahoma City, Oklahoma 73123 Webster Properties, LLC, 1000 Coyner Springs Road, N. E., Roanoke, Virginia 20412 Ronnie and Joyce T. Harper, 1207 McDowell Avenue, N. E., Roanoke, Virginia 24012 Fairmont, LLC, 4029 Hazelridge Road, N. E., Roanoke, Virginia 24012 Claude W. and Doris M. Trent, 1207 McDowell Avenue, N. E., Roanoke, Virginia 24012 Chris Craft, Wildwood Civic League, 1501 East Gate Avenue, N. E., Roanoke, Virginia 24012 Tina Carr, Secretary, City Planning Commission Katharine Gray, Land Use and Urban Design Planner Ian Shaw, Agent, City Planning Commission Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney -'i • IN TI IF COUNCIL OF TI IF CI'T' ( OF ROANOKE, VIRGINIA The 16th clay of March, 2015. No. 40189-031615. AN ORDINANCE to rezone certain property located at 1113 11`1' Street, N.E., three (3) unaddressed lots on 1161 Street, N.E., and one (1) unaddressed lot on Orange Avenue, N.E., from CN, Commercial-Neighborhood District, to CG, Commercial- General District, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Alvin and Bonita Woods have made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 1113 11th Street, N.E., bearing Official Tax Map No. 3050407; three (3) unaddressed lots on 1 lib Street, N.E., bearing Official Tax Map Nos. 3050402, 3050403, and 3050406; and one (I) unaddressed lot on Orange Avenue, N.E., bearing Official Tax Map No. 3050405, rezoned from CN, Commercial-Neighborhood District, to CG, Commercial-General District, subject to certain conditions; 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 16, 2015, 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 he heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that the property located at 1113 11th Street, N.E., bearing Official Tax Map No. 3050407; three (3) unaddressed lots on 1 1th Street, N.E., bearing Official Tax Map Nos. 3050402, 3050403, and 3050406; and one (1) unaddressed lot Orange Avenue, N.E., bearing Official Tax Map No. 3050405, be, and are hereby rezoned from CN, Commercial-Neighborhood District, to CG, Commercial- General District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 1 dated February 16, 2015. 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: 1514144444.)--- • City Clerk. Rezone with proffers-car lot orange ave.doe 2 V... CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March16, 2015 Subject: Application from Alvin and Bonita Woods to rezone property located at 1113 11th Street, N.E., bearing Official Tax No. 3050407; three unaddressed lots on 11th Street, N.E., bearing Official Tax Nos. 3050402, 3050403, and 3050406; and an unaddressed lot on Orange Avenue, N.E., bearing Official Tax No. 3050405. The application is to rezone the property from CN, Commercial-Neighborhood District, to CG, Commercial-General District, with a condition. Recommendation The Planning Commission held a public hearing on Monday, March 9, 2015. By a vote of 7 - 0 the Commission recommended approval of the rezoning request, finding that the Amended Application No.1 is consistent with the City's Comprehensive Plan and Zoning Ordinance as it combines and improves several underutilized and hard to develop parcels in a manner compatible with the surrounding area. Application Information Request Rezoning Owner: Alvin & Bonita Woods Applicant: Alvin & Bonita Woods Authorized Agent: N/A City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address/Location: 1 1 1 3 11th Street, N.E; three unaddressed lots on 11th Street, N.E.; and an unaddressed lot on Orange Avenue, N.E. Official Tax Nos.: 3050407, 3050402, 3050403, 3050406, 3050405 Site Area: Approximately 0.378 acres Existing Zoning: CN, Commercial - Neighborhood District Proposed Zoning: CG, Commercial - General District Existing Land Use: Vacant Proposed Land Use: Motor Vehicle Sales Establishment, Used Neighborhood Plan: Hollins/Wildwood Area Plan Specified Future Land Use: Neighborhood Commercial Filing Date: Original Application: Jan 22, 201 5 Amended Application No.1 : Feb 18, 2015 Background In 1987 the subject property (containing five separate parcels) and surrounding properties to the east, west, and south were zoned Heavy Manufacturing while the properties to the north were zoned Light Manufacturing. In 2005, the Zoning Map was comprehensively amended and the subject property and properties to the east were rezoned to CN, Commercial - Neighborhood District, while the properties to the north and south were rezoned to I-1 , Light Industrial District. The property to the west was rezoned to CG, Commercial - General District. In January of 201 5, the owner filed an application to rezone the subject property from CN, to CG. The application included a development plan showing the combination of all five of the separate parcels in the subject property into a single parcel and the development of the new single parcel for a used motor vehicle sales establishment. In February of 201 5, the owner filed Amended Application No.1 in response to comments. The application includes a proffered condition regarding development of curb, gutter, and sidewalk on the subject property in place of the previous development plan. Conditions Proffered by the Applicant The applicant hereby agrees to proffer the following condition as it applies to Official Tax Number 3050402, 3050403, 3050405, 3050406, and 3050407. 1 . Curb, gutter and sidewalk shall be constructed along 11th Street NE and 12th Street NE, adjacent to the subject properties, prior to issuance for any certificate of occupancy for any building on the site. Improvements shall comply with the Street Design Guidelines. Public right-of-way will be dedicated as required to allow for such improvements within the right-of- way. Considerations Surrounding Zoning and Land Use: Zoning District Land Use North I-1 , Light Industrial District Motor vehicle repair or service establishment, Commercial motor vehicle sales & service (truck & trailer parts and service), Welding shop 2 South CN, Neighborhood Commercial Vacant, Single Family Dwelling District, (one property) and (non-conforming use located in I-1 1-1 , Light Industrial District District), and Motor vehicle repair (majority) or service establishment East CN, Commercial-Neighborhood Retail sales establishment, District, and I-1 , Light Commercial vacant, Single Family Industrial District Dwelling (non-conforming use located in I-1 District) West CG, Commercial-General Gasoline station (vacant) and District Nursery or greenhouse, commercial Compliance with the Zoning Ordinance: The minimum lot area for a used motor vehicle sales establishment is 15,000 square feet; the subject property provides approximately 16,000 square feet. Additionally, there are several supplemental regulations within the Zoning Ordinance that the development of the property must meet such as a landscaping strip along the adjacent right-of-way as well as requirements for location and construction of the vehicle display area. These items will be addressed during the development review process. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Hollins/Wildwood Area Plan encourage the redevelopment of underused commercial sites in a manner appropriate to the surrounding area. At the same time, the plans note that the unnecessary expansion of commercial districts should be avoided to encourage the most efficient use of land in the existing districts. Unlike most neighborhood commercial zoning districts that are surrounded by residential zoning districts, this area is surrounded by industrial zoning districts to the north and south with a general commercial zoning district to the west. Given that the purpose of the commercial neighborhood district is to encourage a concentration of neighborhood-scaled uses in an area in close proximity to residential neighborhoods, and the fact that there is no adjacent zoning district with residential properties as a conforming use within that district, a greater intensity in zoning classification is appropriate in this area and still meets the goal of minimizing the intensity of the zoning districts in certain areas along Orange Avenue. The site is made up of several vacant commercial parcels, the majority which would be difficult to develop based upon their size and configuration. One parcel is approximately fourteen feet wide, a second is approximately twenty feet wide, and a third is a small triangular shape. The smallest parcels sit close to Orange Avenue and access to those parcels would allow less than one car length to the busy intersections. An undeveloped alley separates these parcels 3 and its vacation is the subject of a separate request. The proposed combination of these hard-to-develop lots with the two other parcels creates one larger lot with a greater potential for use in the future. The plans encourage urban streetscape amenities with new development in this area. The application proffers curb, gutter, and sidewalk along two of the three frontages that are not improved to current City standards. While any one of the above-mentioned items alone would not always lead to a recommendation to change the zoning district designation from neighborhood commercial to general commercial along a busy commercial corridor, the combination of distance from a residential zoning district, assembling multiple hard-to-develop vacant commercial properties, and site improvements that create a better streetscape do together address the overall goals of the plans and lead to such a recommendation in this case. City Department Comments: The following comment was reviewed with the Planning Commission and given to the applicant. 1 . Recommend a written proffered condition in place of a proffered development plan for this site in order to address appropriate right-of-way improvements without restricting future development to a specific plan. Public Comments: Mr. Chris Craft of the Wildwood Civic League sent an email stating the Wildwood Civic League is against the rezoning as they do not want the area becoming another "used car alley like Williamson Road". He stated that there are already five used car dealerships from the Norfolk Southern railroad bridge that crosses Orange Ave heading east. Planning Commission Work Session: No specific comments related to the proposed rezoning. Commissioners stated that right-of-way improvement costs on the parcels should negate alley vacation (filed in a separate application) acquisition costs. Planning Commission Public Hearing: Mr. Chris Craft of the Wildwood Civic League stated the Wildwood Civic League is against the rezoning as they do not want the area becoming another Williamson Road with used car lots each block. He stated that there are already used car dealerships from the Norfolk Southern railroad bridge that crosses Orange Ave heading east and that existing owners are not selling cars. 4 O4adl v O Chad A. Van Hynin , Ch 'r earl City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Alvin & Bonita Woods, Owner 5 11.111111111111111111111111.1.1111111a1 WWI Department of Planning,Building and Development ROA N O K E Room 166,Noel C.Taylor Municipal Building FEB 18 2015 215 Church Avenue,S.W. CITY OF ROANOKE Roanoke,Virginia 24011 PLANNING BUILDING 8 Click Here toprint Phone: (540)853-1730 Fax: (540)853-1230 DEVELOPMENT Date: February 16,2015 Submittal Number: Amended Application No.1 htl.ki 1" ,€ 1_x11 )1r,fl 11.13�'r1" ❑ Rezoning,Not Otherwise Listed ❑Amendment of Proffered Conditions p Rezoning,Conditional ❑Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: 1113 11th St.NE, 011th St.NE, 011th St.NE, 011th St.NE, 0 Orange Avenue NE Official Tax No(s).: 3050407 3050402 3050403 3050406 3050405 (respectively) Existing Base Zoning: ❑ With Conditions (If multiple zones,please manually enter all districts. al,Commercial-Neighborhood ( P P Y ) la Without Conditions Ordinance No(s).for Existing Conditions(If applicable): p With Conditions Proposed Requested Zoning: CG,Commercial-General Motor Vehicles Sales&Service,Used ❑ Without Conditions Land Use: Name: Alvin and Bonita Woods Phone Number. +1 (540)890-2402 if1814 Hidden Forest Drive Goodview,VA 24095 E-Mail: cars4u1081@yahoo.com Property Owner's Signature: 5 ' Name: Phone Number: Ad s : E-Mail: Applicant's Signature: Name: Hughes Associates Architects&Engineers (Mike Woolwine) Phone Number. +1 (540)342-4002 Address: P.O.Box 1034 Roanoke,VA 24005-1034 E-Mail: mwoolwine@hughesae.com Authorized Agent's Signature: iii ROA N O K E ✓ Completed application form and checklist. ✓ Written narrative explaining the reason for the request. ✓ Metes and bounds description,if applicable. ig Filing fee. F oncept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures.• ✓ Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item 2(c)'in Zoning Amendment Procedures. Please label as 'development plan'if proffered. .s t 1'Tfr ? �I} '4 63' jxxl<. '+ r�. i'i, il. ✓ Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. yy r Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. '- Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures, ✓ if applicable. ✓ Written proffers to be amended. See the City's Guide to Proffered Conditions. F Copy of previously adopted Ordinance. F Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. ✓ Copy of previously adopted Ordinance. F Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. r A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. ✓ Cover sheet. r Traffic impact analysis. F Concept plan. F Proffered conditions,if applicable. F Required fee. *An electronic copy of this application and checklist can be found at www.roanokeva.gov/pbd by selecting'Planning Commission'under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended,unless otherwise specified by staff. ■ HUGHES TRANSMITTAL ASSOCIATES eIICHI l EC S DATE: February 16,2015 NGINEERS comm N O.: 14020 Architecture•Engineering•Can,ulting wont,HughevlEeem PROJECT: Rezoning for Al Woods RECEIVED T 0 : Ms. Katharine Gray,Architect COPY: FEB 18 2015 ADDRESS: City of Roanoke—Planning Department CITY OF ROANOKE 215 Church Ave,SW—Room 165 PLANNING BUILDING& Roanoke,VA 24011 DEVELOPMENT FROM : Mike Woolwine RE: Amended Rezoning Application#1 COPIES DATE DESCRIPTION SET # 1 February 16,2015 Amended Rezoning Application#1 Packet 1 January 22, 2015 24"x36" Concept Plan FEB1815 9:49ni COMMENTS: 656 ELM AVE., SW I PO BOX 1034 I ROANOKE,VA 24005-1034 I TEL.: 540.342.4002 I FAX:540.342.2060 ■ Proffered Condition The applicant hereby agrees to proffer the following condition as it applies to Official Tax Number 3050402,3050403, 3050405, 3050406,and 3050407. 1. Curb,gutter and sidewalk shall be constructed along 11th Street NE and 12th Street NE,adjacent to the subject properties, prior to issuance for any certificate of occupancy for any building on the site. Improvements shall comply with the Street Design Guidelines. Public right-of-way will be dedicated as required to allow for such improvements within the right-of-way. RECEIVED FEB 18 2015 CITY OF ROANOKE PLANNING BUILDING& DEVELOPMENT NARRATIVE The purpose of this request is to rezone Tax Parcels 3050402, 3050403, 3050405, 3050406 and 3050407 from CN to CG for the purpose of a used auto sales business. If rezoned,all parcels will be combined to create one parcel and an existing 10' alley will be vacated, resulting in a single 0.378 acre parcel (See Exhibit A). The current owner of the property is the applicant, Mr. Al Woods. The proposed development will be owned and operated by Mr. Woods, who has been in the car sales business for over 37 years. Mr. Woods has operated ALARS,a used car dealership in Chamblissburg for over 24 years. Given Mr. Woods years of experience he is confident that the proposed Orange Avenue location will be successful. The proposed project includes; a 12 space used car display area, a 3 space parking area, a commercial entrance from 12th Street and remodeling the existing 1,100 sf.house to be used as the sales office (See Exhibit B). This business will be used for automobile sales only.No servicing of vehicles will be done onsite. The option to create a commercial entrance from 11th Street was evaluated and the following should be noted; 1)the elevation difference between 11th Street and the existing floor elevation of the house is approximately 9 ft. resulting in an undesirable steep entrance grade into the body of the site. Conversely,the 12th Street entrance is about 18"below the floor elevation and can easily be accommodated. 2)the distance from the intersection of Orange Avenue to an 11th Street entrance would be approximately 70 ft.,whereas,the 12th Street distance from Orange Ave. is approximately 95 ft.,therefore,providing an additional 2 car stacking space. For verification I met onsite with Hung Liu of the Roanoke City Transportation Department and received a favorable response from him for the 12th Street entrance. This property is situated within an area of the City that is predominately zoned Light Industrial District(I-1), Heavy Industrial District(I-2)and Commercial General District (CG). Specifically,the most adjacent properties are zoned I-1 to the north across Orange Avenue, CG to the west across 11th Street and Commercial Neighborhood District(CN) to the south and east across 12th Street. An evaluation of the zoning classifications within the proposed project neighborhood,that being the area bordered by Williamson Road to the west, Orange Avenue to the north, 13th Street to the east and Norfolk and Campbell Avenue to the south,(See Exhibit C)indicated no residentially zoned properties. Commonly found throughout the City and in the Comprehensive Plan CN districts are normally bordered by residentially zoned properties, however, not the case at this location. Most of the residentially zoned properties are east of 13th Street. An approximate 5,300 acre area within the City was evaluated for where CN zoning districts are generally established. Seventeen CN zoned districts were identified within that area and sixteen of those districts adjoined residential districts. The only CN property that didn't adjoin a residential district is the subject property. (See Exhibit D). Furthermore,the properties within close proximity of this project are identified as brownfield sites by the city(See Exhibit E). RECEIVED FEB 1 S 2015 CITY OF ROANOKE PLANNING BUILDING& DEVELOPMENT Orange Avenue is a primary arterial road with a heavy traffic count, creating an ideal area for commercial development, which is already common along this corridor. The proposed project will enhance the aesthetics of the existing lot by providing landscaping along the street frontages of Orange Avenue, 11 w Street and 12th Street. Additionally,new curb and gutter and sidewalk will be provided in front of the property along 11 t' Street from Orange Avenue. The sidewalk will provide pedestrian access to the front of the existing house. Also, sidewalk will be provided along 12th Street from Orange Avenue to the new site entrance. All utilities are already present and no additional demand will be required to accommodate this project. The traffic generated at this site will be minimal given the limited size of the display area and the anticipated number of employees. Mr. Woods current car sales business located off Route 24 in Chamblissburg, displays approximately 40-50 vehicles and generates on average 4 to 5 customers per day, whereas,a heavy day may generate 10 customers. Given the size of the proposed Orange Avenue location and that is located on a road that generates a higher traffic volume than Route 24, it is anticipated that the number of customers per day will be similar to that of his existing business. The number of employees onsite will be two to three. The CG zoning is an appropriate classification for this site based on the surrounding zoning districts,the predominantly heavy industrial use within the neighborhood and the commercial corridor in which the property is located. Also, by combining the five smaller parcels it creates a sizeable lot that is well suited for commercial use. ■ TAX PARCEL: 30517402 lies To A Tripe art z // 7 ZONING: CN II R`P'' ORANGE AVE. N.E. ZONIN0 AC.) 5 6 y (U.S. RI. 460) ?O I fit"- (Variable Width Right-Of Way) lo. VACATES) 690' 7R0 N.E. °l�l �i \ E 4 HOLLINS 2s Sd O R i --�` CO cone, Wol N /6 09 21"E 80.BY(Tao Conc.A\Valk .%\ l /�tik /4, a --r__--_2.. 3`- yr' — *k /B 1 //,9" 4. 4/ N 79. 04' 10':E ' '4.25i=-moo ? — O`\ i Ary ,' /ON S ov\ 4 18.66' � /1,- '�_ b�- o ro°.s J. \1 IB /i ci.N72•33 .EJ177. II �'L�O�°' 1'`Q t.dM J II e\P6�:-''TAX-y•1•CEL: 300403 482 1'' �CONI f# z^ / 520011 // 18.91 tiz /004:1 AC.)- I 1 ‘4__a/` 11 e �� / 91.00' �.00'(Total) �I I / T� y 72=36' 00"E IIy 11 / / / RT��R�rsor o tl 7�yR�P _ Y I = I �; ALL I>vre p 1� .t I r TO B` -"- ° °o II IU v 3 -0I I I LINE5 ZN IN 3 is I-a TAX PARCEL 3050406 '(Y !, /J W = 41�I o I / ZONING: CN n Z I I 1 (0.1393 AC.) - E 150_31�� - en III E m I ` N 72'3W 90_j_______" _ 9 TO w II -- Conc. I ° vo o N IO, w \ac.�j vll , 1-Story-aroma pad Gravel 0r;veway f's 1 RECEIVED o llp,,, 6" C J w/ Crowl I I y - III'yl a W.k III' 1 [1113 TAX PARCEL: 3P50407 "- 7/ FF 9276.30 ZONING: CN — .. _- ( FEB 18 2015_It Oak -I ' Brick Planter d: ZONING AC.) 1 • Conc. �- _ I I 4 W,II M Ste•s u3 CRYNG WWI KE `^tj•O _ -sE coo IL -�5 high woo enc I PLANNING eW.oINCs _ _=ice W1 iI CEVELOPMENT Gr,vN 6.., A. \j 4 . �kEe,n,pRopErts lit / I• o,a 72-18• 00 .E15T./04�i146 I / I E —E c.: .'-'"'i oo, ante - PA CE. IO. J09 OF HUGHES R • g 92 l--storl 6' • high O LOT 3• MN 9 MAPZONING AMWNI , woad fence / ASSOCIATES Exhibit A GRAPHIC SCALE 4RCCI TS EXISTING PLAN V S ME b N 0,ZENGINEERS man = zo m III ■ i lies io A triple i 7'Box Culvert ` PROPERTY aYNER: ALVH F. ST NRA M.011 SS ' x Rye ORANGE AVE. N.E. 3 TM ADORE 1113 11114 3T NE'ODD„9r.NE 0 orRge NE N" 305040.VA 74017 TA%PARf,EI- 9030407,07,OS,06 t OS f.eapectNeya CL .i (U.S. R T 460) .1 x_ PROPERTY AREA 0916 AG.(16,466 9F.) _- CURRENT za+HS: c14 f (Variable Width Right-Of--Way) ■\ � GURREATUc , VACANT- 690' TO / PROPO56vREZONHb: cb HOUSE HOLLINS RD. N.E. �°II , 3. � G --� - _ "' PERMnT®use MOTOR VEHrLESSNa� .� ` //% % I� - •_� / SERVGE E9TABLEHMQIT.USED SD-3 Conc. Wol N 76'09' 21" E 80.8- (iotol) Conc. Walk > PROPOSED ME: MOTOR VEHICLES s.FA,ism / --- _.-... - w nnnEl+sIDHAL R136uLArIOHS: ._ -- -a, ±• ..Sr^ \\ / RECURID/N10Y® PROVIDED 04' 3'/' � P�- - -� � -- �.� V Mm.LOO AREA 10,000 5F. 16.166 31'. k/ (� N 79' r --- 0• MAx LOT AREA: 190.6603P. 6.1669. // .�i p, A' 18.66' ==--� sj �+-- y \\ MH.LOT PRONTAde 100 Fr. 399 PA. y. 7,' i� .9� 1\ MH.FRONT YARD: OFT. 11TH sr=Z1A PT. A �O T / / / 1 oPST. 0 NE&e AVG.=6144 FT. L' / p I P ko �i RA55 AREA ; 1I I1 — 1 S jc. - MAX.FRONT YARD: so FT. 11TH OT.=21.0 FT. ���''� 50 FT. ORAN/6E AVE.=61.4 FT. I II z / '6 •e 92s" _ / /279-----/ L1 i Me.eve rARP: a Fr. 9.5 Fr. / / I MM.REAR YARD: 0 PT. WA I ' 3 '/, // /- MAX.OLDS.HEKHr: 49 Fr. �/-16 FT. I I 110 / ' // -- -- - I I MAX PLOOR AREA RATIO, 5 0116 ' �J, ,r - p I I MAx MPERVIOUS SuRPALE 6s% u%I / ;Z 7,..„.., .- 1". / sr •Y A O U5•'P� •• I 1 / PEDESTRUA ALCM REONRED PROYE7CD t ��,/� N• / MH.TREE Gw0►Y: 10% ./-11% 1J'�P = -`I�„ ,'- �, /3 - r� MM.TRANSPARENCE 9 / ''92 N I 6ROLND moo", 50% 11114 ST.=71% [H,„.____=_....x-1 y=, I. 17TH ST.=11% r ORANSE AVE'=6% -} I l I 1111 I UPPER FLOOR: 70% WA F y 3 'I 1� '! I f- I IN SUPPLEMENTAL REGULATIONS: R_E_GUAeFD/ALLON® PROVO®O I I 92� s I I MM.DISTANCE DEiPLAY AREA AROM 5' 11' / ; O I f NEW PARKING I Z ,T °.NNE oR RFM PROPERTY LHE Cir, Iv I J .9 q L _ - r` —• ( L 04.LOT F E sTRP AO.YGBir p' y�-"VV ~ , To R13HT OF WAY (/) +" I 5 \ 1 m Zs 925 MIN.LOT AREA 5.000SF. 16,166 Sp f (�{y�. \ -v_ d p�, EMPLOYEE PARKINS REQIRBABITS: t,Y• Q- - Q2 (0 �s-- 43 MHMUM:1 SPACE ISO SF.OP NET FL000R AREA C 'I sO '1\ \ d MAXIMUM:150%Cr THE MHMUM RESUMED seAGEs o EXISTING 6UIl.DING Conc- I o ,7 g r� Frame ci 6eolruo=7 SPACE N c aPACS \J 1-Story- ..,_;.;� ' Grovel Driveway, i - 6." C0'"' 'I' w/ Crawl 1 1 -1J •'!:W PARKING " co MAX.9PAC%sX,7o%-(NOT DHb MOP 4 Z I " dliQi Ill' #1113 f� 11 PROVIDED: FF 92er � '' 7 STANDARD SPACES, 7 SPA E3, y;' 36= Oak . Brick Planter �� SP -_ TOTAL SPACES 3 SPACES 1 Conc. c" ---- "` '! LAND3C.AAHbRESIRedvNT9 �`4ti• Steos c_i 3 A I I B.PPCLHS t 9OREENH6 WILL BE PER THE ZONHb ORDINANCE H EFFECT 4r "Con Wvll EM — —• 1 � Q � CO* I\ - wF''5--. 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CLOD Vi M MI IN MX i r 8'*';`,1'.':li/\,! lr�. lub.Y�4kpp cd '�` - CO „/� rt I I. Via' -P „„, . -= 10t,z ,gilit---r#A . - • © ...____ was" cm DID : .. -. - :---/. ''-tell"' . /--/- .4110:14kim..1*Iiiiiiirt;ba.5 IN u — '.01111111111111 1 y De 1 �; -I v. r CN C t. �1 RM-1(e) .: !� .. -.. - R a - CN © RI!g.2 9...0 OD�n , _ E � 'r ) �,(y..,y, CN ZONING INPUU i.�. 1M-2 ®IN ' RP 4 . S ?}3 1'i' ( (TYP.) RM w. Nr ZONING MAP RECEIVED EXHIBIT D FEB 18 20;5 PLANNING BUILDING& DEVELOPMENT .. J�'' �s x �G"�` WV' � L cP Hollins Se - ,�j Cp�d �� M „. 4 •EO.RGfA P >i•e8y�4 , - �� PROJECT SITE s � ' 3 P' BROWNFIELD - '''s\c":"1.7: , �° "' G� 05 °T: - I�t 0 pl 0. �ir �BROWNFIELD � MCDO,WE1.3- 0 a if East p• n Xa- f - �-� , .. , .7%.2. ° a .5 W sz .' .. t. k tea' EA ' m W BROWNFIELD CORRIDOR SITE �� _-1_t s JEXHIBITE P., a ` BONING DISTRICT MAP ' cv r , 1113, 0, 0, 011th St. NE co r c° a c and 0 Orange Ave. NE ' ■ Official Tax Parcels: 3050407, 3050101 3050402, 3050403, 3050406, i 8 ! and 3050405 (respectively) 30501(1-1 , Ir 4 Area to be Rezoned i o I_ Conditional Zoning f± i Zoning 1 I c• M RA (Residential-Agriculture) r R-12 (Res.Single-Family) ' E 3042 42X R-7 (Res.Single-Family) / ORANc"E R-5 (Res.Single-Family) �o — .-- °!�� R-3 (Res.Single-Family) • + ♦j!�!!! f ::; (Res.:::: pi !! r*1!l111 !l111 ►41► -(Res. ►�►��������1�!*�1 4645 4rC N RMF (Res. Multi-Family) .�v 4c � ��1.��'l� �- rl -_ !A" 0 /l� . f ► ► 4o 4 ,►i, b CN (Commercial-Neigh) iiiii CG (Commercial-General) 1'�i;.04 33•44' #i #r4 IIIII CLS (Commercial-Large Site) +giNt. �i.T4r►< Ap7 40Ag*�. I-1 (Light Industrial) '∎∎- i 4 3° . P-0 A w o 1-2 (Heavy Industrial) ' SAM'' ')0lsjQ� s` • - x o 0 To ® D (Downtown) '-GO - o o w ME MX (Mixed Use) t% 3050x19 N IN (Institutional) ciS 01111111 ROS (Rec&Open Space) i-i 1 AD (Airport Dev) W oo o MXPUD (Mixed Use Planned Unit Dev) 0 305138 0 INPUD (Institutional Planned Unit Dev) 's Wo IPUD (Industrial Planned Unit Dev) !_� o 0 iim OF (Urban Flex) �� 355801 w 0 N N N 0 C O 5j3 lii W 0 '0 100 Feet W _!0'- E �OOOWEL� 8 3Q5Qg42 ao S 305081 .��� w1 The Roanoke Times Roanoke, Virginia Affidavit of Publication 013Y OF ROANOKE - POV Asp rose Can 215 CHURCH AVE ROOM 165 ROANOKE, VA24011 Account Number 6011439 Date March 03, 2015 Data Category Description Ad Size Total Cost (I31032015 Municipal Notices PUBLIC HEARING NOTICE All pubfm hearings advertised his 1 z 161 L 1,538.32 Publisher of the 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 NOTICE At was published in said newspapers on the fallowing dates: 02)24, 0310012015 The First intention being given.., 02124,7015 Newspaper reference: ('00001364]9(? NFU VW Billing Representative Sworn to and subscribed before me this Tuesday, March 3, 2015 l/f . U, McENNFiy�� Nota Pub is P'. . State o Virginia � p; puECCC Llc CitylCounty of Roanoke * ( qEG, #332964 '; My Commission expires IA 3/1 �IJI� MVCOMMI5510@ 4WeeA I TO, 4F THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU .11111 slims, 'I'd", :lima, one full, unaawessm lots PUBLIC HEARING NOTICE onioai ma ".yol ". °.,..A Snialoi, post I'd. Mlmd led manner inn" All p°mic healing: moddiiem h—an evempmtnt plan tMmVOI. ormnaa will be hula m me Ray council No. 39slo 01913, adopted Inc..'. hoards limit, N°em ass. bell by City C I"'nn Mart n le. zou,m C. Ina. Municipal Banding, 315 °nil Rannn .11, etch moue Sad"Reommc Glen GNpum. Yglma up aoonoatuall Old xvanable application is t° permit a" ...Qla' 1°r rest— In the planning, Budding of brilliant housing a sixty -1°°r Ibp and development °ffce, "°°m 1c4, unit nLLm°ry care facility and a ninety Ached. I.A. , Footnote V gull a einea going fini me 4iryunarm lob mad use categories permined m the lxpvd l ieniel include rendentmr. an, person wan A ai nsuff y rewldng m°dab°ns and group '..an: ertalnmem, mmmRon m attend emmC embly aad o� peaiodoaie in me hearings sn°mn aorom eplad; A -also, INannme. enlldmg and And meetly faenhas: oem at bag) .1.110 a btlisp. remper; allied, tehural: pan days prior m the sent and a winl a la neast eedre. density .2" awmline mnumpe A. :prate Icut °1 let a and TOO Oily of household planning ompreheadve plan tlesig tiles "' do come wall base panic hem rings and, par mixed aenslty puldloc.1 0, M arch 9. 3015, m 1:10 p.m.. or as and single rura ly reald use, but she maven may be bemam data nett spears 1.15111. conaz tact Ihese applitalions: Tend M. Carr, Secretary. City planning Commrssen Pvellmhan from and, and Bonita %= to rvpne pmpvty .eared al 14 Cwnctl will Ruth public beeriage 1111 11Th Street. R.E. bearing Official a "he ant iaid applitalions an loioaoi: find unaddressed March IC, 5014 at IAss p.m.. o e 1. oa inn sneeb x . bearing inn' a lne foutrs m ay be heads! Ofbc.l T,p N°s. 1151 ; "Ida", and 3050406: and an annlar..5m lot I amarm M_ .,in lea °ms. M.e. intense, mange, aid, b aling City Clint oh lOtlu T Ill pp.atipo Is in�vehad the vroper", the Gq of demand Blum of zonal, Item ON, Commercial Neighborhood Appeals will it Id done hearings on chid to ed CmmmeraaL General Match IL 305, at I0 aan m as Bieldn. wlm mnartaohs. me soh ai u, moue' may be'care. to cmdlu °n5 tureen amens oin,, :mgr Inca,"'Andsd ohs: eavucau "Ands. me installation of CUm, gutter, °h bled ny Oand I°w.na mr aria seawall Roam inn mete a4, property located al 1Sla end 1.1 eha um sued". N6 and snenanaoan Audi l a formal, nd mrestionls w11n I° Ofnaa lm x° andiy a za nonlnml Op6 me lad gad tategonei reap ectroely. 1°r a special eac.p0°n mareaed m tM e0 arrsldet mcmae cars at to Section X1 Rate), modabom aria group lmmg: zoning. Chad of the cl a m Foomoln vial: im ehrom Cie tmbq aria 11919). ended. manic an entertainment. public, Institutional volume, area or ¢.lent of and munlfy facilities: nc °nf °rmang use not extender, °aggregate trompar0hoq anuff, Aarl.ul..I: of E96 ml aria azresmry, wW a mulmum floor melg place of worship um to. mina"' 0. Ina dwnprendappoe Anglianon filed al Local plan dealiers. to, pmpe'ry for Environmental Ag'iculture prejttl. amendable. commercial use I'd ind, t1don). for amoral I°m"ed al ,,OPo.d as, °I the popery, 1s..0 Ass. funamd moan In impose ad ad on— Metal Tier Noi 111)505. for a special app @ation from amen woods .teen °n pit moon to sormar, 16b re°mmrg that the alley located on iu aria 311 H, mum,. code m the Pe mum side at Crange avenuL N. E, City of Footnote fruit az amended, d.lwe,1 um 5lreee x and Izm O'cat"lienawotions, sumac N c. hajpined byEOfucfal Tm Application ,led by Michael aalm All ad ps. rui 1PIDap1. 10oden, pr °pea Itealea at sea Nen4y.n and]050906. be permanently vacate6 B °ulevar0, if beazln, Olealal Tav dism °tlnuea, and closed ad alley is N°. 1191013, for an appeal of Ire Intel, Is it wide and 35 fe noun, admalialoh dedlslen appre"i ng and troll the Om.e. AvcnuC relating 1° Mhmn 1st alt. loning. NE. d l of we, On the mum Side of „ Code of P, City .1 goal as s,(le"), lid avenmq N. E. amended, to allow the parking of a A pain on from Re Homed LL0. 1° attain mMOr verltk In a rtsidental recome °aa tlblre Pheazmg, am L.Sw.,Ma rig l o filial 1. N°..14; 4345 Griffin Tina M. Care Secretary. City Ooard of loop. 5w, bearing Official Tv N°. among Appals 500'x: our vladdressM later on 9af,n dead. s,w. which Omtial1. (136419) 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 Avenue, S.W., Roanoke, Virginia. 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 March 9, 2015, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application from Alvin and Bonita Woods to rezone property located at 1113 11 °i Street, N.E., bearing Official Tax No. 3050407; three unaddressed lots on 11 °i Street, N.E., bearing Official Tax Nos. 3050402, 3050403, and 3050406; and an unaddressed lot on Orange Avenue, N.E., bearing Official Tax No. 3050405. The application is to rezone the property from CN, Commercial - Neighborhood District, to CG, Commercial - General District, with conditions. The conditions require, among other things, the installation of curb, gutter, and sidewalk along I I" Street, N.E., and 12`h Street, N.E., and improvements consistent with guidelines. The land use categories permitted in the CG District include accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and eonummity facilities; transportation; utility; agricultural; and accessory, with a maximum floor area ratio of 5.0. The comprehensive plan designates the property for Neighborhood Commercial Use. The proposed use of the property is used motor vehicles sales and service. Application from Alvin Woods requesting that the alley located on the south side of Orange Avenue, N.P., between 1 Ph Street, N.E., and 12" Street, N.E., adjoined by Official Tax Map Nos. 3050402, 3050403, 3050405, and 3050406, be permanently vacated, discontinued, and closed. The alley is approximately 10 ft. wide and 35 ft. long and fronts the Orange Avenue, N.E., right of way on the south side of Orange Avenue, N.E. Application from PR Homes, LLC, to rezone property located at 4414 Pheasant Ridge Road, S.W., bearing Official Tax No. 5460124; 4345 Griffin Road, S.W., bearing Official Tax No. 5470302; four unaddressed lots on Griffin Road, S.W., bearing Official Tax Nos. 5470301, 5470303, 5470304, 5470305; and three unaddressed lots on Van Winkle Road, S.W., bearing Official Tax Nos. 5470306, 5470307, 5470308; from Mixed Use Planned Unit Development Plan (MXPUD), Ordinance No. 39610- 031813, adopted by City Council on March 18, 2013, to Institutional Planned Unit Development Plan ( INPUD). The application is to permit construction of buildings housing a sixty -four (64) unit memory care facility and a ninety (90) unit assisted living facility. 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 mixed density residential and single family residential use, but does not specify density. Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on March 16, 2015, 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 public hearings on March 11, 2015, at 1:00 p.m., or as soon as the matter may be heard, to consider these applications: Application filed by David Rowland for property located at 2534 and 2532 Shenandoah Avenue, N.W., bearing Official Tax Nos. 2410205 and 2410206, respectively, for a special exception pursuant to Section 36.2- 705(e), Zoning, Code of the City of Roanoke (1979), as amended, to permit an increase in volume, area, or extent of a nonconforming use not exceeding an aggregate of 25% of a nonconforming place of worship use. Application filed by Local Environmental Agriculture Project, Inc. (LEAP), for property located at 1210 Patterson Avenue, S.W., hewing Official Tax No. 1213505, for a special exception pursuant to Sections 36.2 -315 and 36.2 -560, Zoning, Code of the City of Roanoke (1979), as amended, to establish a workshop. Application filed by Michael Atkins for property located at 508 Huntington Boulevard, N.E., bearing Official Tax No. 3181012, for an appeal of the Zoning Administrator's decision relating to Section 36.2 -424, Zoning, Code of the City of Roanoke (1979), as amended, to allow the parking of a certain motor vehicle in a residential district. Tina M. Carr, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, February 24, 2015, and Tuesday, March 3, 2015. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Board of Zoning Appeals Secretary to the Planning Commission Planning Coordinator Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1330 tina.can nroanokeva.gov 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 AFFIDAVIT APPLICANT: Hughes Associates , Architects & Engineers LOCATION: 1113 11th St, NE, Tax Nos. 3050407, 3050402, 3050403, 3050406 & 3050405 REQUEST: Rezoning to CG(c) COMMONWEALTH OF VIRGINIA TO-WIT: CITY OF ROANOKE The affiant, Tina M. Carr, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail this day of , 2015, notices of a public hearing to be held on this day of , 2015, on the request captioned above to the owner or agent of the parcels as set out below: Tax No and Owner's Name and Address 3042137 3042142X 3050104 MAY RAM LLC MAY RAM LLC REED JERRY L 6022 COLUMBIA PIKE 6022 COLUMBIA PIKE 1116 ORANGE AVE NE FALLS CHURCH VA 22041 FALLS CHURCH VA 22041 ROANOKE VA 24012 3050107 3050315 3050402 REED JERRY L RACETRAC PETROLEUM INC WOODS ALVIN FREDRICK 1116 ORANGE AVE NE PO BOX 22845 1814 HIDDEN FOREST DR ROANOKE VA 24012 OKLAHOMA CITY OK 73123 GOODVIEW VA 24095 3050403 3050405 3050406 WOODS ALVIN FREDRICK WOODS ALVIN FREDRICK WOODS ALVIN F & BONITA M 1814 HIDDEN FOREST DR 1814 HIDDEN FOREST DR 1814 HIDDEN FOREST DR GOODVIEW VA 24095 GOODVIEW VA 24095 GOODVIEW VA 24095 3050407 3050408 3050409 WOODS ALVIN F & BONITA M WEBSTER PROPERTIES LLC WEBSTER PROPERTIES LLC 1814 HIDDEN FOREST DR 1000 COYNER SPRINGS RD 1000 COYNER SPRINGS RD GOODVIEW VA 24095 ROANOKE VA 24012 ROANOKE VA 24012 3050501 3050515 3050525 HARPER RONNIE L &JOYCE T FAIRMONT LLC TRENT CLAUDE W &DORA M 1207 MCDOWELL AVE NE 4029 HAZELRIDGE RD 1207 MCDOWELL AVE NE ROANOKE VA 24012 ROANOKE VA 24012 ROANOKE VA 24012 3050526 FAIRMONT LLC 4029 HAZELRIDGE RD ROANOKE VA 24012 Tina M. Carr SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this day of , 2015. Notary Public a� 7,,.A.,... r.- C,' CITY OF ROANOKE OFFICE OF THE CITY CLERK k q. 215 Church Avenue, S. W.,Suite 456 :o•we Roanoke, Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk @roanokeva.gov JONATHAN E.CRAP r,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk March 3, 2015 Michael Woolwine Hughes Associates Architects and Engineers P. O. Box 1034 Roanoke, Virginia 24005-1034 Dear Mr. Woolwine: 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 to be heard by the City Planning Commission on Monday, March 9 at 1:30 p.m., in the Council Chamber regarding a request of Alvin and Bonita Woods that property located at 1113 11th Street, N. E., bearing Official Tax Map No. 3050407; three unaddressed lots on 11th Street, N. E., bearing Official Tax Map Nos. 3050402, 3050403, and 3050406; and an unaddressed lot on Orange Avenue, N. E., bearing Official Tax Map No. 3050405, be rezoned from CN, Commercial- Neighborhood District, to CG, Commercial-General District, with conditions. Furthermore, a public hearing also has been scheduled to be held on Monday, March 16 at 7:00 p.m., or soon thereafter as the matter may be heard before the Roanoke City Council in the Council Chamber. Should you have questions regarding the public hearing before the Planning Commission as abovementioned, please contact Tina Carr, Secretary, City Planning Commission, at (540) 853-1330. Lastly, it will be necessary for you, or your representative, to be present at the March 16 Council public hearing. Failure to appear could result in a deferral of the matter until a later date. CITY OF ROANOKE #410"' OFFICE OF THE CITY CLERK � �� I a 215 Church Avenue, S. W., Suite 456 4 Roanoke, Virginia 24011-1536 Telephone: (540)353-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MM(' F-inull: elerk(a)roanokeva.gov JONA'T'HAN G.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T. WEBB,CMC Assistant Deputy City Clerk March 3, 2015 May Ram, LLC Jerry L. Reed Racetrac Petroleum, Inc. Webster Properties, LLC Ronnie L. and Joyce T. Harper Fairmont, LLC Claude W. and Dora M. Trent Ladies and Gentlemen: 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 to be heard by the City Planning Commission on Monday, March 9 at 1:30 p.m., in the Council Chamber regarding a request of Alvin and Bonita Woods that property located at 1113 11th Street, N. E., bearing Official Tax Map No. 3050407; three unaddressed lots on 11th Street, N. E., bearing Official Tax Map Nos. 3050402, 3050403, and 3050406; and an unaddressed lot on Orange Avenue, N. E., bearing Official Tax Map No. 3050405, be rezoned from CN, Commercial- Neighborhood District, to CG, Commercial-General District, with conditions. Furthermore, a public hearing also has been scheduled to be held on Monday, March 16 at 7:00 p.m., or soon thereafter as the matter may be heard before the Roanoke City Council in the Council Chamber. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853-1330. a I at v- s Department of Planning,Building and Development ROA N O IC E Room 166,Noel C.Taylor Municipal Building R EC E I V D 215 Church Avenue,S.W. Roanoke,Virginia 24011 Click Here to Print Phone: (540)853-1730 Fax: (540)853-1230 JAN 2 2 2015 Date: January 22,2015 Submittal Number Original ApplicaCtRY OF ROANOKE Pi nrihING BUILUINti& •ri t 1 j rt f 11 • -T ?"' DEVELOPMENT ❑ Rezoning,Not Otherwise Listed ❑ Amendment of Proffered Conditions El Rezoning,Conditional ❑Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District InieganINM Address: 1113 11th St.NE, 011th St.NE, 011th St.NE, 011th St.NE, 0 Orange Ave. NE Official Tax No(s).: 3050407 3050402 3050403 3050406 3050405 (respectively) Existing Base Zoning: ❑ With Conditions (If multiple zones,please manually enter all districts.) CN,Commercial-Neighborhood p Without Conditions Ordinance No(s).for Existing Conditions(If applicable): Requested Zoning: CG,Commercial-General © With Conditions proposed Motor Vehicle Sales&Service,Used ❑ Without Conditions Land Use: Name: Alvin and Bonita Woods Phone Number: +1 (540)890-2402 Ado 1814 Hidden Forest Drive Goodview,VA 24095 E-Mail: cars4u1081@yahoo.com Property Owner's Signature: > . . , r Name: Phone Number Ad E-Mail: App icant's Signature: G ;h. Name: Hughes Associates Architects&Engineers (Mike Woolwine) Phone Number: +1 (540)342-4002 Add' s: P.O.Box 1034 oanc e,VA 24005-1034 E-Mail: mwoolwine @hughesae.com A thonzed Agent's Signature: Itcyl hwt�7,l�l�l, or0t-;fl ROANOKE fx Completed application form and checklist. 17 Written narrative explaining the reason for the request. fx Metes and bounds description,if applicable. 17 Filing fee. ^7Ja Y!'I11;riJo141fr(:;rYl `jT) M.Ft,2„1761110,n1 (gni :10.0 r�7^'lit F Concept plan meeting the Application Requirements of item 2(c)'in Zoning Amendment Procedures. 6.,IPAihtIS Pi PN. lf ' I( nsl-=1' 17 Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Please label as 'development plan'if proffered. 7 Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. F Comprehensive signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. f .1 t`f 11 f Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures, r if applicable. F Written proffers to be amended. See the City's Guide to Proffered Conditions. F Copy of previously adopted Ordinance. F Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. F Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. F Copy of previously adopted Ordinance. F A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. F Cover sheet. F Traffic impact analysis. F Concept plan. F Proffered conditions, if applicable. F Required fee. An electronic copy of this application and checklist can be found at www.roanokeva.govlpbd by selecting'Planning Commission'under 'Boards and Commissions'. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. ■ HUGHES TRANSMITTAL ASSOCIATES ARCHITECTS DATE: January 22, 2015 NGINEERS COMM NO. : 14020 Architecture•Engineering•Consulting meu,.HughewlE.conn PROJECT: Rezoning for Al Woods T O: Ms. Katharine Gray,Architect COPY: ADDRESS: City of Roanoke—Planning Department 215 Church Ave,SW—Room 165 Roanoke,VA 24011 FROM : Mike Woolwine RE: Rezoning Application COPIES DATE DESCRIPTION SET It 1 January 22, 2015 Rezoning Amendment Application Packet 1 January 21, 2015 $925 Rezoning Application Fee 1 January 22, 2015 24"x36" Development Plan COMMENTS: 656 ELM AVE., SW I PO BOX 1034 I ROANOKE, VA 24005-1034 I TEL.: 540.342.4002 I FAX: 540.342.2060 ■ NARRATIVE The purpose of this request is to rezone Tax Parcels 3050402, 3050403, 3050405, 3050406 and 3050407 from CN to CG for the purpose of a used auto sales business. If rezoned, all parcels will be combined to create one parcel and an existing 10' alley will be vacated,resulting in a single 0.378 acre parcel (See Exhibit A). The proposed development will be owned and operated by Mr. Al Woods. Mr. Woods has been in the car sales business for over 37 years and has operated ALARS, a used car dealership in Chamblissburg for over 24 years. Given Mr. Woods years of experience he is confident that the proposed Orange Avenue location will be successful. The proposed project includes; a 12 space used car display area,a 3 space parking area,a commercial entrance from 12th Street and remodeling the existing 1,100 sf. house to be used as the sales office (See Exhibit B). This business will be used for automobile sales only.No servicing of vehicles will be done onsite. The option to create a commercial entrance from I 1 th Street was evaluated and the following should be noted; 1)The elevation difference between 11th Street and the existing floor elevation of the house is approximately 9 ft. resulting in an undesirable steep entrance grade into the body of the site. Conversely,the 12th Street entrance is about 18" below the floor elevation and can easily be accommodated. 2) The distance from the intersection of Orange Avenue to an 11th Street entrance would be approximately 70 ft., whereas,the 12th Street distance from Orange Ave. is approximately 95 ft.,therefore,providing an additional 2 car stacking space. For verification I met onsite with Hung Liu of the Roanoke City Transportation Department and received a favorable response from him for the 12th Street entrance. This property is situated within an area of the City that is predominately zoned Light Industrial District(I-1), Heavy Industrial District(I-2) and Commercial General District (CG). Specifically,the most adjacent properties are zoned I-1 to the north across Orange Avenue, CG to the west across 11th Street and Commercial Neighborhood District(CN) to the south and east across 12th Street. An evaluation of the zoning classifications within the proposed project neighborhood,that being the area bordered by Williamson Road to the west, Orange Avenue to the north, 13th Street to the east and Norfolk and Campbell Avenue to the south,(See Exhibit C) indicated no residentially zoned properties. Commonly found throughout the City and in the Comprehensive Plan CN districts are normally bordered by residentially zoned properties, however, not the case at this location. Most of the residentially zoned properties are east of 13th Street. An approximate 5,300 acre area within the City was evaluated for where CN zoning districts are generally established. Seventeen CN zoned districts were identified within that area and sixteen of those districts adjoined residential districts. The only CN property that didn't adjoin a residential district is the subject property. (See Exhibit D). Furthermore,the properties within close proximity of this project are identified as brownfield sites by the city(See Exhibit E). An inventory was taken of the car sales businesses and developable vacant properties along Orange Avenue between Williamson Road and 13th Street. There are two car sales lots; one being Magic City Ford and the second being a used car sales business and two vacant properties zoned CG. Along Orange Avenue between 13`h Street and Gus Nicks Boulevard there are 2 used car sales lots and five vacant properties. Three of the vacant properties area zoned CG and two zoned CN. The availability of these properties is unknown. Orange Avenue is a primary arterial road with a heavy traffic count, creating an ideal area for commercial development,which is already common along this corridor. The proposed project will enhance the aesthetics of the existing lot by providing landscaping along the street frontages of Orange Avenue, 11`h Street and 12`h Street. Additionally,new curb and gutter and sidewalk will be provided in front of the property along 11th Street from Orange Avenue. The sidewalk will provide pedestrian access to the front of the existing house. Also, sidewalk will be provided along 12th Street from Orange Avenue to the new site entrance. All utilities are already present and no additional demand will be required to accommodate this project. The traffic generated at this site will be minimal given the limited size of the display area and the anticipated number of employees. Mr. Woods current car sales business located off Route 24 in Chamblissburg, displays approximately 40-50 vehicles and generates on average 4 to 5 customers per day, whereas,a heavy day may generate 10 customers. Given the size of the proposed Orange Avenue location and that is located on a road that generates a higher traffic volume than Route 24, it is anticipated that the number of customers per day will be similar to that of his existing business. The number of employees onsite will be two to three. The CG zoning is an appropriate classification for this site based on the surrounding zoning districts,the predominantly heavy industrial use within the neighborhood and the commercial corridor in which the property is located. Also,by combining the five smaller parcels it creates a sizeable lot that is well suited for commercial use. Proffered Condition The applicant hereby agrees to proffer the following condition as it applies to Official Tax Number 3050402, 3050403, 3050405, 3050406,and 3050407. 1. The property shall be developed in substantial conformity with the development plan prepared by Hughes Associates Architects& Engineers, dated January 22, 2015 and attached hereto as Exhibit B "Development Plan", subject to those changes which may be required by the City of Roanoke during comprehensive development plan review. Adjoining Property Owners Adjoining Property Owners of: Official Tax Numbers 3050402, 3050403, 3050405, 3050406 and 3050407 Tax Number: 3050408 Webster Properties LLC 1000 Coyner Springs Road Roanoke, VA 24012 ■ iAX PARCEL: 30504021ies To A T^Ple rt �i , Z ANG: cN a 0.0.Q� ORANGE AVE. N.E. ,� (0.0210 AC.) �Y (U.S. RI. 460) s T� 0- 1 10' ALLEY (Variable Width Right-Of Way) E AGATEP 690' TO �� I HOLLINS RD. N.E. �1I ice_ _g5'�K:G___.� _ _ �- /'y Cont. Vial N 76'09'21' E 80.87'(To - Conc'Wo k . 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A- < :t -.•---°- `�. am's, ,g� 15 EXISTING ✓ yru t r fi, , ... -... i 1. jo ti w RESIDENCES '°' Y.cs1 _+::it.iri si ' � t C ..I ! '1'1 .?7 it I� , -vol *ems'' , '5 . -41 . t}Z t4 ' « L +$ 1`^ �" cLs •.: . ,mow ,S e S +.r, em r�f� y ` a .}y.l ',.r. ...Ai ,Jj't t 4 """ - ai L..A c 1 ' `: 'x?::.,k . 1-1 1 t `1t - , 'a C,4= -- - .d: ' 4::. 4 s 1, n i t t :f FI 'k' r. 1 >Id. . l` 'CG Fy} > iArr a a `+ k t. ~ If P ! a �+ r ° - < � �� I D v�`� rG,' y� y x`33. '.;y� i`:3 + }1`.. 11.�' '• ' ..,S 't ..� _ ,ie±•. rLc `ti �-s,. y a'a 1 ,,tAA� I�'p ✓ i �v �a 4 1 r. 9y. 5 , . - .a . ,a . piy���5us�'' •Wilt i i � , .� •� X31 } t -+s�x ^r:✓' e� rk�• �c A +y W Kl 1 11 r D ` ! r* ' \� t e�aa^^ Rng�. +' -1 1J`it_ ,�"•."-6.y !mitt ,14 „e•�ti41a:•., IV I b '•..c. � ✓..! '� ° '�Nl ik �..r` 1.�c34y9�SA 1�i �"1iSU .�i•��Wt*1Y. Anna: ti*}it1E.;_-�'c. 64� , e�F.ea 4'. :._.- . . 1 w ZONING SNAPSHOT BETWEEN WILLIAMSON RD.AND 13th STREET �� EXHIBIT C PM ] 4YS a`_s .i r J : C5 Mx 1 PM] IN RM I 'TI fJ', 1 ." �.' R'"' CN ZONING 1... 'SIX` •N > , `{}�� � RM.l kMV cG IN F E`K r (TYP) Yp s + >1 1 CL3 ■ G 1 6- Sq 'OS Nrca 1 1 11�t. PROJECT 1aM-1 v ¢t �h � = ,1C1 I , ,,1 uc SITE '% RM 1�� I"1 . 6's M a. •''� 1 PM S PM 1 - I 1Nruo 1 ,� cN rtl iO an.1 -...t. IN `II ,N M ]. MX N _C IC1 'N I I4a iq rlx 1 IN o IA% 1, _ _. I A*_N _ __ 1:75 l c. ' ,, i [ �� N CG IN COO CG I C, RM. 'N i 1 � .I �r�� • - . ���� N Ira. �7.Iry N - ,,,.n • • - �. b ���s...�' »c N �. ,, NM ? •" ] ' FL11 c N M��ii y 1.1%ict M. 11 1111.111111111 )0,11 PM 2' MR L)1:, 4'JS VIMM® 1 -,� 'ff MI IN MN yi RM11_ _X i ' _N:f . IiM 3 Y �A LS JN,,, RM. RM 1 n Olc, 'N - { L. . MX :Rs, IN RM 9 CN RC CN ZONING N 'I z "- (TYP.) ` c. , ZONING MAP EXHIBIT D d,co. P.-.i� o4pp Ot�aP `� ,: F- Hollins a P� • E9.RGIA cp�`� I AVE y tyP_ ti I ik v ' '' COQ- in 4e •PRO0LCT SITE r �TJ "3 0 BROWNFIELD s `S'T tG IC'y Try N Cr a y �S,N1CK VS, tir a • BROWNFIELD �„N\ P� 'tP� Pv ' (I ' MCOO Ee-1 4I- Camp bno e s n 8� '^ it _ Eat �� . o- � �, ',` �` e. ..11 R -. - s =jaw : j VE r t t 0 •* ' 2 it iy `1'c PEE. ' BROWNFIELD CORRIDOR SITE j' .� � 'cc III EXHIBIT E e ' ® � y R •I !. !ONING DISTRICT MAP `4? ,..... , N 1113, 0, 0, 011th St NE $ r°o S ; and 0 Orange Ave. NE I p, Official Tax Parcels: 3050407, 3050101 3050402, 3050403, 3050406, and 3050405 (respectively) b 30501 it.1 V 4 Area to be Rezoned Conditional Zoning Zoning 1 e ttt���iii RA (Residential-Agriculture) I FCYj+7� $ R-12 (Res.Single-Family) 1 R-7 (Res.Single-Family) i 3042142X l , R-5 (Res.Single-Family) 1 "' 4c./1'o'et * oiP R-3 (Res.Single-Family) r�V i` 4 a E o l 8 RM-1 (Res.Mixed Density) a -';s® Sj�J *A°s¢S p®1 t �` ' �y RM-2 (Res.Mixed Densely) � •1. 'gyp r♦ Iii`���:� �C N l + 1 >R'1 01%1 RMF (Res.Multi-Family) +py� 9"� 1Y1���tau ;� CN (Commercial-Neigh) \ �0�3p50�03�;,, ®� d �1 ` - O' 50406 se. 't ' ® CG (Commercial-General i t\ 0 ' � a - CLS (Commercial-Large Site) +tY�,�" 05�gp1 1, •I-1 (light Industrial �t� --� C+ �s - 1-2 (Heavy Industrial) �� �4� i O . 50 06 % I D (Downtown) CGO o- y WV MX (Mixed Use) �' 3p5040 IN (Institutional) ( . ROS (Rec&Open Space) • , I-1 - ' AD (Airport Dev) w MXPUD (Mixed Use Planned Unit Dev) 3p50316 c ►IPUD (Institutional Planned Unit Dev) A n IPUD (Industrial Planned Unit Dev) S al OF (Urban Flex) 905pg0 0 50 100 Feet w 'or- [ p2) 1 I s l08 3050 j 306 �l . 'P CITY OF ROANOKE a. ;TSP. 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(Jronnokevn.gov JONATHAN &CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk March 24, 2015 Hunter D. Smith Special Manager PR Homes, LLC 4423 Pheasant Ridge Road, Suite 301 Roanoke, Virginia 24014 Dear Mr. Smith: I am enclosing copy of Ordinance No. 40190-031615 rezoning certain property located at 4414 Pheasant Ridge Road, S. W., bearing Official Tax Map No. 5460124; 4345 Griffith Road, S. W., bearing Official Tax Map No. 5470302 for unaddressed lots on Griffith Road, S. W., bearing Official Tax Map Nos. 5470301, 5470303, 5470304, 5470305, and three unaddressed lots on Van Winkle Road, S. W., bearing Official Tax Map Nos. 5470306, 5470307, 5470308, from MXPUD, Mixed Use Planned Unit Development, to INPUD, Institutional Planned Unit Development, as set forth in the Zoning Amendment Amended Application No. 2 dated February 19, 2015. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015, and is in full force and effect upon its passage. Sincerely, fi ^ vi ` 111, Stephanie M. Moon Reynolds, M / City Clerk Enclosure Hunter D. Smith March 24, 2015 Page 2 pc: Susan Echert, 5480 the Peaks Drive, Roanoke, Virginia 24018 Aubury Holmes, 4423 Pheasant Ridge, Roanoke, Virginia 24014 Adjoining property owners' names and addresses, per attachment Tina Carr, Secretary, City Planning Commission Katharine Gray, Land Use and Urban Design Planner Ian Shaw, Agent, City Planning Commission Susan S. Lower, Director, Real Estate Valuation Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 2015. No. 40190-031615. AN ORDINANCE to rezone certain property located at 4414 Pheasant Ridge Road, S.W., 4345 Griffin Road, S.W., four unaddressed lots on Griffin Road, S.W., and three unaddressed lots on Van Winkle Road, S.W., from MXPUD, Mixed Use Planned Unit Development, to INPUD, Institutional Planned Unit Development, subject to certain conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, PR Homes, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 4414 Pheasant Ridge Road, S.W., bearing Official Tax Map No. 5460124; 4345 Griffin Road, S.W., bearing Official Tax Map No. 5470302; four unaddressed lots on Griffin Road, S.W., bearing Official Tax Map Nos. 5470301, 5470303, 5470304, and 5470305; and three unaddressed lots on Van Winkle Road, S.W., bearing Official Tax Map Nos. 5470306, 5470307, and 5470308, rezoned from MXPUD, Mixed Use Planned Unit Development, to INPUD, Institutional Planned Unit Development; 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 16, 2015, 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 he heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that at 4414 Pheasant Ridge Road, S.W., bearing Official Tax Map No. 5460124; 4345 Griffin Road, S.W., bearing Official Tax Map No. 5470302; four unaddressed lots on Griffin Road, S.W., bearing Official Tax Map Nos. 5470301, 5470303, 5470304, and 5470305; and three unaddressed lots on Van Winkle Road, S.W., bearing Official Tax Map Nos. 5470306, 5470307, and 5470308, be and are hereby rezoned from MXPUD, Mixed Use Planned Unit Development, to INPUD, Institutional Planned Unit Development, as set forth in the Zoning Amendment Amended Application No. 2, dated February 19, 2015. 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: /JQ City Clerk. , ""CCy 2 K:\Cassandra Barton\Talevi\Planning\Planning Commission Measures\Rezone-Pheasant Ridge 3.!5.I5 doe ti y� ,; a=n CITY COUNCIL AGENDA REPORT Ist To: Honorable Mayor and Members of City Council Meeting: March 16, 201 5 Subject Application by PR Homes, LLC to rezone the property located at 4414 Pheasant Ridge Road, S.W., bearing Official Tax No. 5460124; 4345 Griffin Road, S.W., bearing Official Tax No. 5470302; four unaddressed lots on Griffin Road, S.W., bearing Official Tax Nos. 5470301 , 5470303, 5470304, 5470305; and three unaddressed lots on Van Winkle Road, S.W., bearing Official Tax Nos. 5470306, 5470307, 5470308. The application is to rezone the property from MXPUD, Mixed Use Planned Unit Development, to INPUD, Institutional Planned Unit Development. Recommendation The Planning Commission held it public hearing on Monday, March 9, 2015. By a vote of 7 - 0 the Commission recommended approval of the rezoning request, finding that the Amended Application No.2 is consistent with the City's Comprehensive Plan and Zoning Ordinance as it develops an undeveloped site, maximizes development potential of the site, and is sensitive to its relationship with the adjoining neighborhood. Application Information Request: Rezoning Owner PR Homes, LLC Applicant: PR Homes, LLC Authorized Agent: N/A City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address/Location: 4414 Pheasant Ridge Road, SW; 4345 Griffin Road, SW; four unaddressed lots on Griffin Road, SW; and three unaddressed lots on Van Winkle Road, SW Official Tax Nos.: 5460124, 5470301 , 5470302, 5470303, 5470304, 5470305, 5470306, 5470307, 5470308 Site Area: Approximately 1 1 .38 acres Existing Zoning: MXPUD, Mixed Use Planned Unit Development District Proposed Zoning: INPUD, Institutional Planned Unit Development District Existing Land Use: Vacant Proposed Land Use: Group Care Facility, Congregate Home Group Care Facility, Nursing Home Dwelling, Multifamily, Elderly Neighborhood Plan: Southern Hills Neighborhood Plan Specified Future Land Use: Mixed Density Residential and Single Family Residential Filing Date: Original Application: Jan 29, 201 5 Amended Application No.1 : Feb 18, 2015 Amended Application No. 2: Feb 19, 201 5 Background In August 2006, the property was rezoned from MX, MX(c) and R-7 to MXPUD. The development plan had six buildings housing 160 condominiums arranged along a driveway designed to appear as a street and included a future wellness center. In May 2007, an amendment of the Planned Unit Development Plan was approved. That amendment modified the previous development plan to add a large retaining wall and buffer strip with particular plantings to accommodate a stormwater conveyance channel along Griffin Road and Van Winkle Road. In March 201 3, the development plan for the MXPUD property was again amended. The new development plan had six buildings with 210 apartment units and a standalone clubhouse with a pool. The buildings were oriented along a driveway with retaining walls and surface parking. The large retaining wall along the Griffin Road and Van Winkle Road portion of the property was removed from this version of the plan. A traffic study was required due to the increase in the number of dwelling units and subsequent increase on traffic. After review, traffic engineering determined no changes to the surrounding public street system were needed for the development plan. In January 201 5, PRMC, LLC, filed an application to amend the Planned Unit Development Plan. The proposed development changes the six buildings with 210 apartment units and a standalone clubhouse with a pool to two buildings with 1 54 dwelling units. The buildings are oriented along a driveway with retaining walls and surface parking. The number of dwelling units included with the new plan decreased the projected traffic generated from the previous development plan; therefore, no traffic impact study was required. In February 201 5, PR Homes, LLC, filed Amended Application No. 1 and 2 to rezone the property from MXPUD to INPUD. The application revisions included minor changes in building, roadway, wall placement and text notations in the development plan. 2 Conditions Proffered by the Applicant As an INPUD, the development plan attached to this amendment is binding for future development. Development standards are listed directly on the development plan. Considerations Surrounding Zoning and Land Use: Zoning District Land Use North R-7, Residential Single-Family Vacant land and Single-family District detached dwellings South MXPUD, Mixed Use Planned Group Care Facility, Congregate Unit Development District Home; Multifamily dwellings, and Office East R-7, Residential Single-Family Single-family detached dwellings District West CLS, Commercial-Large Site Retail sales establishments and District and R-7, Residential Single-family detached dwellings Single-Family District Compliance with the Zoning Ordinance: For apartment use, the minimum lot area per dwelling unit is 1 ,800 square feet; the development plan provides 3,219 square feet per dwelling unit. The impervious surface ratio maximum is 80 percent; the development plan provides 33 percent. The minimum tree canopy requirement for the property is 10 percent. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001-2020 and the Southern Hills Neighborhood Plan recognize the need for infill housing that is compatible with the surrounding area. The site is part of a larger mixed-use development that is bordered by commercial along U.S. Route 220 to the southwest and single-family residential to the northeast. The property is within a transition zone between the single-family residential to the northeast and the office and multifamily residential portions of the larger mixed-use development. The multiple parcels within the property contain vacant land and a single residential structure. The change in development plan will better reflect the transition from smaller single family residential to mixed use along the Griffin Road and Van Winkle Road portion of the property from the development plan that currently exists. Relevant Vision 2001-2020 policies: • EC P5. Trees. Roanoke will maintain and increase its tree canopy coverage as a way to improve air quality. Roanoke will work 3 regionally to promote tree planting and tree preservation Valley- wide. • NH P5. Housing Choice. The City will have a balanced, range of housing choices in all price ranges and design options that encourage social and economic diversity throughout the City. • City Design Suburban neighborhoods o 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. o Design principles: • New residential development should incorporate traditional neighborhood principles rather than suburban patterns. • Traditional Neighborhood Design principles: o All streets should have sidewalks and should be lined with trees. On-street parking should be encouraged; driveways and garages should be located to the side or rear of buildings. o Neighborhood schools and commercial centers should be preserved. o Houses should be consistent in terms of front yard setback and bulk. • Street improvements within suburban neighborhoods should focus on greater vehicular connection, pedestrian amenities, and reduction of pavement width. Relevant Southern Hills Neighborhood Plan Policies: Community Design Policies • New commercial development must consider adjoining uses during site design. Compatibility should be addressed first by thoughtful site and building design rather than by screening alone. Commercial building fronts should be oriented very close to streets. Parking should be to the side or back of buildings. Parking lots should have generous amounts of interior landscaping and tree canopy coverage. 4 Residential Development Recommendations • Support continued mixed density residential development in Pheasant Ridge and Southmont. • Support new residential development that uses traditional urban neighborhood development patterns with urban amenities such as sidewalks and street trees. Such development should be encouraged through appropriate zoning and supporting infrastructure improvements. New developments should accommodate mixed densities (and incomes), and must preserve environmentally sensitive areas to the greatest extent possible. Quality of Life Recommendations • Ensure that new development preserves mature trees and incorporates new tree plantings to replace those lost during development. • Encourage the use of clustered development to avoid development on steep slopes or near parkway lands. New development should design excess capacity in erosion control and stormwater management measures. The proposed development plan achieves many of the policies noted above from the plans. It provides for the continued mixed density development at Pheasant Ridge. It provides for reforestation of the areas of land that are touched but not utilized by redevelopment. It provides for trees and sidewalks along the main drive. And the design is sensitive to the scale and materials of the properties around it through the stepping down in scale of the building closest to the smaller single family residential homes, by utilizing materials that are common in residential architecture, and by providing landscaping along the base of the retaining walls to mask their scale. City Department Comments: Comments included recommendations to clarify the notes on the development plan, rezoning to INPUD due to supplemental regulations regarding group care facilities, amending proposed uses to cover all the applicant's uses, extending the landscape buffer to include all areas where grading changes will occur in the buffer, and moving the proposed dumpster enclosure from within the 30' landscape buffer. Public Comments: Mr. Don Bruster, Director for the Board of Directors, Pheasant Ridge Condo Owners Association, submitted a letter of support from the Association for the 5 rezoning request stating that the proposed memory care facility would be a compliment to the overall neighborhood. Planning Commission Work Session: Commissioners questioned the scale of the buildings, the materials listed compared to those in the majority of the Pheasant Ridge development, the existing uses within Pheasant Ridge, and whether there had been public comment to date. Planning Commission Public Hearing: Four people spoke regarding the proposed rezoning. The people who spoke against the changes cited concern for the proximity of this development to the existing development on Pheasant Ridge, particularly the assisted living aspect of the proposed development. The concerns being that the assisted living portion of the development is similar in nature to the existing development as well as a lack of a traffic analysis for this specific use, current difficulty in access to the Pheasant Ridge property, and the probable increase of emergency services required. The people who spoke in favor of the changes cited the need for additional memory care services within the area. Staff notes that the need for a traffic impact analysis was reviewed by the Transportation Department and was not needed due to existing traffic impact analyses from previous rezonings/plan amendments. That is, the decrease in the number of proposed dwelling units from the previous proposal, the type of traffic expected to be generated by the type of dwelling units, and the anticipated decrease in traffic from the currently approved PUD plan. Q'°' Dail teat A. Van Hyning, C it City Planning Commission cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Hunter D. Smith, PR Homes, LLC Aubury Holmes, Smith/Packett 6 Zoning Am®ndrnent;. AP APPIiCatQsys �►� Department of Planning,Building and Development FEB 1 s 2015 ROA N O K E Roam 166,Noel C.Taylor Municipal Building 215 Church Avenue,S.W. CITY of ri�NnoKE Roanoke,Virginia 24011 PLANNING BUILDING Click Hem b PM Phone: (540)853-1730 Fax: (540)853-1230 DEVELOPMENT ��lt Data I .2- / 9 -/5 Submittal Number. 'Amended Application No2s' ' L (If ❑Rezoning,Not Otherwise Listed RR ii ❑Amendment of Proffered Condition ❑Rezoning,Conditional ❑Amendment of Planned Unit Development Plan El Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑Establishment of Comprehensive Sign Overlay District ,fir _.q •4' Address: 'Pheasant Ridge Road Roanoke,VA 24014 Official Tax No(s).: 15460124,5470301.5470302,5470303,5470304,5470305,5470306,5470307 and 5470308 Exhling Base Zoning: MXPUD,Mixed Use Planned Unit Development ❑ With Conditions (If multiple zones,please manually enter all districts.) f Without Conditions Ordinance No(s).for Existing Conditions(If applicable):' ❑ With Conditions Proposed Requested Zoning: INPUD,Institutional Planned Un ,v � g< _ ❑ Without Conditions Land Use: Name: `IPR Homes,LLC _ j Phone Number: +1 (540)774-7762 Address: J4423 Pheasant Ridge Road Suite 301 Roanoke,VA 24014 j E-Mail aholmesgsmnhpackett.mm 131. Property Owner's Signature nor int, V;Cs- C1s.jfa« filsra.trt/ Pay �9 t)-on D. S (( Name: I _ Phone Number: Address: I E Ma l: J J� Applicants Signature: Name: I _ Phone Number. Address: E-Mail: Authorized Agent's Signature: Signature Page to Zoning Amendment Application Tax Map No,: 5461024 Property Address: 4414 Pheasant Ridge Road,SW Tax Map No.:5470301 Property Address: 0 Griffin Rood,SW Tax Map No.: 5470302, Property Address:4345 Griffin Road,SW, Tax Map No.: 5470303, Property Address:0 Griffin Road,SW, Tax Map No.: 5470304, Property Address 0 Griffin Road,SW, Tax Map No.: 5470305, Property Address:0 Griffin Road,SW, Tax Map No.: 5470306, Property Address:0 Van Winkle Road,SW, Tax Map No,:5470307 Property Address 0 Van Winkle Road,SW Tax Map No: 5470308, Property Address 0 Van Winkle Road,SW, Signature of Owner. PR Homan,LLC• By: Its, s L reginsier- ' '-� Srv*$1 RECEIVED Signature of Applicant JAN 8 9 2015 PRMC,I.LC ' /�['�[,_— CITY OF ROANOKE By. PLANNING BUILDING& Ds: A e 1. &meat% DEVELOPMENT ' PR Homes,LLC succeeded to the ownership of rea:estate or any interest in real estate pursuant to merger with Aid Holdings, LLC, Dalton Place, LW Van Winkle, LW, Integra Investment, LLC and Pheasant Ridge Holders, LW effective as of December 31, 2008. A copy of the emir cation from the Virginia State Corporation Commission is attached evidencing the same Location Map ■ City of Roanoke.Real ES.GIs ►..—,f r. wink .w., a., l.w.M.. w. s.w.r..% Aso wr.m. Mw sty.lipr Ni r f, a� t. Li �r #yg ,t vial pl t p. ti J, r [.0 RI FU y.! .* s r \ iii _ k.„.. dr°t 4', `.• ° a ;f 44. t r 1 �4 y fi , . / . — a Y ; '� "iii� iir The Roanoke Times Aannnt Nam Roanoke, Virginia 6011439 Affidavit of Publication Dale CITY OF ROANOKE POV Marc, 63, 2915 Alln rrn MCarr 215 CHURCH AVE ROOM 166 ROANOKE, VA24611 Late CaIgA' Desniplion Ad 5'¢e Total COST 031OW015 Munidpal Notices PUBLIC HEARING NOTICE A, public hearings Oivenisd het te161L 1.53832 Publisher of the Roanoke Times I, Ithe undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the Slate of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE Al was published in said newspapers on the following dates: 02124, 0310N2015 The First insertion being given... 02124/2015 Newspaper reference: 0000136479 �u w Billing Representative \ Sworn m and subscribed before me this Tuesday, March 3, 2015 _d. - -r/lA— /— A cEN City /County of Roanoke - • REG. 1332964 My Commission expires .� - *i vAcow{M�I5g510N ;n0 49/3/115 PUBLIC HEARING NOTICE All o lie ,caring, aaverlied lord, will ad hal In Ill. Clly Lr—A ,',lied luurtn gd, P.O. ell Adel [ iayla, Munldaal Bullain0, 3fl ClmreB S.W., Poarake. Virglnla, All aPPIketit are Paddled for ravi¢w In the Planning. Building end @velopmenl o10[L Poom 16 6. ehurth alma, S.W., Penrod, V aro P., On yell a dl:oallry reaullmp any sp¢ al a[mmmoaided to alien, or Patliapalc In me headed, 'laid on Planning, BuflLng and eralop meal al (sea) esa I'D a dad, eve days pdm to the schodolee hnnn th, she of Paanoke Plannfnd wnmlyell wen had Peale heal on y= 9. IDIS, nl 1:1a p. m., or as, colon the nces may be lard. to lier la mess apail.10d: Pink adon Imm All and 0onita an to —All, oroaem Indeed al la cc. yeah The unm aC, he al ale dad.ne mane nwann, it cer t :qp— feel of lot n omplel .;,e p,ad al atei'Is oroperty tar nodedPOOR, leslaemial aaE '"On" lamily redaenllm use. but Tea .1 .1 la 1C15eeRiryi.[fly Plannln9 ell, a uynea did nma ill "norgs me ahodand ill"Oatmae o Marta 16. Eaa, al 1:ad p.m., or as :don as memafears may to heard Slephaole M. Moen Peyoolay. MMC, ClryaaM1 2onlnq Pamfo6 halor0 deelilon fete., to SttBan 1I.14M, 2.111'. ta@ of me Clly of PWno4(191B).. meoad, a Bllow he parted, at a cerhfn motor veldt is a reAdenlinl l ldc ii no M. Carr. Seerelary, Cie Wall of $Doing Appeals 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 Avenue, S.W., Roanoke, Virginia. 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 March 9, 2015, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications: Application from Alvin and Bonita Woods to rezone property located at 1113 11" Street, N.E., bearing Official Tax No. 3050407; three unaddressed lots on I I's Street, N.E., bearing Official Tax Nos. 3050402, 3050403, and 3050406; and an unaddressed lot on Orange Avenue, N.E., bearing Official Tax No. 3050405. The application is to rezone the property from CN, Commercial - Neighborhood District, to CG, Commercial- General District, with conditions. The conditions require, among other things, the installation of curb, gutter, and sidewalk along 1 I" Street, N.E., and 12'" Street, N.E., and improvements consistent with guidelines. The land use categories permitted in the CG 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 Neighborhood Commercial Use. The proposed use of the property is used motor vehicles sales and service. Application from Alvin Woods requesting that the alley located on the south side of Orange Avenue, N.E., between 11`" Street, N.E., and 12" Street, N.E., adjoined by Official Tax Map Nos. 3050402, 3050403, 3050405, and 3050406, be permanently vacated, discontinued, and closed. The alley is approximately 10 ft. wide and 35 ft. long and fronts the Orange Avenue, N.E., right of way on the south side of Orange Avenue, N.E. Application from PR Homes, LLC, to rezone property located at 4414 Pheasant Ridge Road, S.W., bearing Official Tax No. 5460124; 4345 Griffin Road, S.W., bearing Official Tax No. 5470302; four unaddressed lots on Griffin Road, S.W., bearing Official Tax Nos. 5470301, 5470303, 5470304, 5470305; and three unaddressed lots on Van Winkle Road, S.W., bearing Official Tax Nos. 5470306, 5470307, 5470308; from Mixed Use Planned Unit Development Plan (MXPUD), Ordinance No. 39610 - 031813, adopted by City Council on March 18, 2013, to Institutional Planned Unit Development Plan ( INPUD). The application is to permit construction of buildings housing a sixty -four (64) unit memory care facility and a ninety (90) unit assisted living facility. 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 mixed density residential and single family residential use, but does not specify density. Tina M. Car, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications on March 16, 2015, 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 public hearings on March 11, 2015, at 1:00 p.m., or as soon as the matter may be heard, to consider these applications: Application filed by David Rowland for property located at 2534 and 2532 Shenandoah Avenue, N.W., bearing Official Tax Nos. 2410205 and 2410206, respectively, for a special exception pursuant to Section 36.2- 705(c), Zoning, Code of the City of Roanoke (1979), as amended, to permit an increase in volume, area, or extent of a nonconforming use not exceeding an aggregate of 25% of a nonconforming place of worship use. Application filed by Local Environmental Agriculture Project, Inc. (LEAP), for property located at 1210 Patterson Avenue, S.W., bearing Official Tax No. 1213505, for a special exception pursuant to Sections 36.2 -315 and 36.2 -560, Zoning, Code of the City of Roanoke (1979), as amended, to establish a workshop. Application filed by Michael Atkins for property located at 508 Huntington Boulevard, N.E., bearing Official Tax No. 3181012, for an appeal of the Zoning Administrator's decision relating to Section 36.2 -424, Zoning, Code of the City of Roanoke (1979), as amended, to allow the parking of a certain motor vehicle in a residential district. Tina M. Carr, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, February 24, 2015, and Tuesday, March 3, 2015. Please bill and send affidavit of publication to: Tina M. Car Secretary to the Board of Zoning Appeals Secretary to the Planning Commission Planning Coordinator Planning, Building & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1330 tina.carr @roanokeva.gov Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Suitc 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 Adjoining Property Owners Owner Propoerty Address Tax ID Mailing Address Paige Paul Andrew&Joy Faye 4323 Griffin Rd SW 5470206 4323 Griffin RD SW Roanoke,VA 24014 PR Homes LLC 0 Griffin RD SW 5470413 4423 Pheasant Riage Rd Suite 301 Roanoke VA 24014 DNAL Holdings I LLC 4334 Griggin RD SW 5470412 4423 Pheasant Ridge Rd Suite 301 Roanoke VA 24014 DNAL Holdings I LLC 0 Griffin Rd SW 5470411 4423 Pheasant Ridge Rd Suite 301 Roanoke VA 24014 Claytor Henry J JR&Carolyn D 4350 Griffin RD SW 5470410 4350 Griffin Rd SW Roanoke VA 24014 TRS First Baptist Church 0 Griffin RD SW 5470409 310 N Jefferson St Roanoke,VA 24016 Webb Richard B JR 4372 Griffin RD SW 5470408 4372 Griffin RD SW Roanoke,VA 24000 Paige Paul Andrew&Joy Faye 4404 Van Winkle RD SW 5470712 4323 Griffin RD SW Roanoke,VA 24014 Muse Ruby Marie 4422 Van Winkle RD SW 5470713 4422 Van Winkle RD SW Roanoke,VA 24014 Edwards Gloria M 4437 Van Winkle RD SW 2470310 4437 Van Winkle RD SW Roanoke,VA 24014 Roanoke IL Investors,LLC 4428 Pheasant Ridge RD SE 5460165 4423 Pheasant Ridge RD SW Suite 301 Roanoke,VA 24014 Pheasant Ridge Office Buildings LLC 4423 Pheasant Ridge RD SW 5470130 4423 Pheasant Ridge RD SW Suite 301 Roanoke,VA 24014 Pheasant Ridge Office Buildings LLC 4419 Pheasant Ridge RD SW 5470129 4423 Pheasant Ridge RD SW Suite 301 Roanoke,VA 24014 Ventas Pheasant Ridge LLC 4435 Pheasant Ridge RD SW 5460130 21001 N Tatum BLVD STE 1630-630 Phoenix,AL 85050 Brixmor GA Apollo I Sub Holdings LLC 4210 Franklin RD SW 5470116 PO Box 4900 Dept 124 Scottsdale,AZ 85261 Rye Charles W 4384 Van Winkle RD SW 5470711 4324 Van Winkle RD SW Roanoke,VA 24014 Amendment Rezoning Application Supporting Documents Tax No. 5460124, 5470301, 5470302, 5470303, 5470304, 5470305, 5470306, 5470307 and 5470308 City of Roanoke, Virginia Project Name: Pheasant Ridge Memory Care Project Location: Pheasant Ridge Road, Roanoke, Virginia Proposed Zoning: INPUD Contents Legal Description 3 Narrative 5 Description of Proposed Use and Development 5 Justification for Change 5 Impact to Surrounding Neighborhood 5 Availability of other similarly zoned properties in the area 6 Relationship to the City's Comprehensive Plan and the Southern Hills Neighborhood Plan 6 Exhibits 8 Development Plan 8 Stormwater Conveyance Channel 9 Elevations Memory Care 10 Elevations Assisted Living 11 Previously Adopted Ordinance 12 2 Legal Description BEGINNING at an existing iron pin lying on the northerly right-of-way of the terminus of Pheasant Ridge Road,SW,a variable width public right-of-way,and Pheasant Ridge Road, SW, a 40-foot private right-of- way, common corner of the property of Brixmor GA Apollo I SUB Holdings, LLC (Instrument # 120009239) and the herein described tract thence leaving the said northerly right-of-way of Pheasant Ridge Road, SW and with the common line of the aforesaid property of Brixmor GA Apollo I SUB Holdings, LLC the following two (2) courses; N 38° 34' 31" W for a distance of 79.17 feet to an existing iron pin; thence N 38° 28' 51"W for a distance of 81.27 feet to an existing iron pipe at the corner of the property of Paul Andrew Paige and Joy Faye Paige (Instrument # 0020005882); thence leaving the said property of Brixmor GA Apollo I SUB Holdings, LLC and with the line of the aforesaid property of Paul Andrew Paige and Joy Faye Paige the following four(4)courses; N 51°32' 17" E for a distance of 207.12 feet to an existing iron pipe; thence N 49°35' 04" E for a distance of 311.79 feet to a point; thence N 42° 58' 32" W for a distance of 6.89 feet to a point; thence with a curve to the right having a delta angle of 135° 00' 00", a radius of 14.50 feet, a chord bearing and distance of N 24° 31' 28" E, 26.79 feet to a point on the southerly right-of-way of Griffin Road, SW, a 50-foot public right-of-way; thence leaving the said property of Paul Andrew Paige and Joy Faye Paige and with the southerly right-of-way line of Griffin Road, SW the following four(4) courses; S 87° 58' 32" E, passing an existing iron pin at a distance of 154.37 feet, a total distance of 275.04 feet to a point; thence with a curve to the left having a delta angle of 19° 24' 50", a radius of 116.80 feet, a chord bearing and distance of N 82° 17' 53" E, 39.39 feet to a point;thence N 72°35' 28" E, passing an existing iron pin at a distance of 141.04 feet and passing an existing iron pin at a distance of 230.95 feet, a total distance of 344.46 feet to a point; thence with a curve to the right having a delta angle of 68° 49' 43", a radius of 73.21' feet, a chord bearing and distance of S 72° 59' 40" E, 82.75 feet to a point at the southwesterly intersection of the said Griffin Road, SW and the westerly right-of-way of Van Winkle Road, SW, a 50-foot public right-of-way; thence leaving the southerly right-of-way of the said Griffin Road, SW and with the aforesaid westerly right-of- way of Van Winkle Road,SW,5 38°34'49" E for a distance of 220.07 feet to corner of Lot 10A, Block 11, Section 2, Southern Hills (Map Book 1, Page 3423), the property of Gloria M. Edwards (Instrument #140000594); thence leaving the said westerly right-of-way of Van Winkle Road and with the northwesterly line of the aforesaid property of Gloria M. Edwards, S 51° 15' 28" W for a distance of 3 199.80 feet to a point on the northeasterly line of the property of Roanoke IL Investors, LLC(Instrument U 120005370); thence leaving the said property of Gloria M. Edwards and with the line of the aforesaid property of Roanoke IL Investors, LLC the following four (4) courses; N 38° 31' 22" W for a distance of 50.45 feet to an existing iron pin; thence S 44°05' 23"W for a distance of 199.10 feet to a point; thence S 63°46' 17" W for a distance of 372.94 feet to a point; thence S 23° 35' 16" W for a distance of 354.15 feet to a point on the northerly right-of-way of the aforesaid Pheasant Ridge Road, SW(private 40' right- of-way); thence leaving the said property of Roanoke IL Investors, LLC and with the northerly right-of- way line of the aforesaid Pheasant Ridge Road, SW (private 40' right-of-way) the following seven (7) courses; N 27° 24'40" W for a distance of 57.33 feet to a point; thence with a curve to the left having a delta angle of 24° 44' 04", a radius of 230.00 feet, a chord bearing and distance of N 39° 46' 42" W, 98.52 feet to a point; thence N 52°08'44"W for a distance of 68.27 feet to a point;thence with a curve to the right having a delta angle of 34°29' 37", a radius of 105.00 feet,a chord bearing and distance of N 34° 53' 56" W, 62.26 feet to a point; thence N 17° 39' 07" W for a distance of 31.00 feet to a point; thence with a curve to the left having a delta angle of 91° 34' 57", a radius of 130.00 feet, a chord bearing and distance of N 63° 26' 35"W, 186.37 feet to a point; thence S 70°45'56" W for a distance of 8.37 feet to an existing iron pin,the POINT OF BEGINNING,containing 11.3763 acres. 4 Narrative Description of Proposed Use and Development The purpose of the requested rezoning application to INPUD is to permit the Applicant to construct group care facility, congregate home, elderly group care facility, nursing home dwelling, multifamily, elderly on those certain tracts of real property designated as tax parcel numbers 5460124, 5470301, 5470302, 5470303, 5470304, 5470305, 5470306, 5470307, 5470308, containing, in the aggregate, approximately 11.38 acres (collectively, the "Property"). It is anticipated that there will be a sixty four (64) unit memory care building and a ninety (90) unit assisted living building all as shown on the Development Plan attached hereto. The exterior recreational amenities will include internal walkways that tie into the existing walkways on adjacent parcels. All infrastructure will be planned and constructed as required by the applicable City, state and federal laws and regulations. In addition to applicable code requirements, the site development standards for building placement, parking locations, pedestrian paths, impervious areas and architectural elements will be governed by the development standards shown on the Development Plan. To the extent the proposed development impacts trees or landscaping on any adjacent parcels, the Applicant shall return any impacted areas to substantially the same condition that existed prior to any development. Justification for Change The Property was rezoned to MXPUD, Mixed Use Planned Unit Development, in August of 2006 to permit the construction of upscale condominiums. The 2006 Development Plan included six (6) buildings containing one hundred and sixty (160) condominiums with a portion of the parking serving the development to be located beneath the buildings. In 2007, the approved MXPUD was amended to permit a variable width buffer behind the proposed retaining wall to accommodate a storm water conveyance channel. In 2013 the Development Plan was amended to include 6 multifamily building and a clubhouse with surface parking to serve the buildings. Both memory care and assisted living facilities will meet an ever-increasing need in the community to provide safe, affordable housing to our aging population. The proposed use will complement the existing senior housing Pheasant Ridge Community. As Pheasant Ridge residents continue to age, the new memory care and assisted living facilities will help to meet the continuum of care necessary to provide seniors the ability to stay within the same community that they have become accustomed to. Based on the foregoing,Applicant requests the modification to the existing zoning ordinances to enable new apartments to be constructed on the Property in accordance with this Application. Impact to Surrounding Neighborhood The rezoning request will not significantly impact the surrounding areas from the current zoning. 5 Based on this requested change in use,there would be a moderate decrease in traffic flow in and out of the community as it is unlikely that residents of the memory care and assisted living facilities will have access to or regularly use personal vehicles for travel. However, as noted in 2006, a portion of the Property was previously zoned for office use and the change to condominiums had previously lessened the traffic impact. In 2013,the property was zoned for multifamily use.That remains the case under the proposed amendment. In addition,there remains no connection with Griffin Road or Van Winkle Road. The location of the buildings and the decreased surface parking reflected on the Development Plan will create minor visual changes and the Applicant has revised the Development Plan to reduce the impact. Specifically, the Applicant has significantly reduced the overall number of parking spaces as well as reduced the size of the retaining walls viewed from Griffin Road, while the landscaping along the retaining wall remains. Additionally, because the proposed use is for senior housing and care facilities, there will be no net gain in terms of students entering local schools. Availability of other similarly zoned properties in the area The availability of similarly zoned properties in the general area is virtually nonexistent. There have been no new senior housing communities in the City for many years, and the proposed new memory care and assisted living facilities will help to meet the growing need of the senior population in our community. Relationship to the City's Comprehensive Plan and the Southern Hills Neighborhood Plan The requested changes to the existing ordinances are generally consistent with the Vision 2001-2012 Comprehensive Plan and the Southern Hills Neighborhood Plan based on the following: 1. The proposed land use is consistent with the future land use plan identified in the Comprehensive Plan and will contribute to Roanoke's overall housing mix by providing senior housing. 2. The Development Plan shows a connectivity with the Pheasant Ridge Community through a walking trail and complimentary exterior elevations. 3. The requested amendment supports the continued mixed density of the overall development of Pheasant Ridge. 4. The proposed plan has sidewalks with landscaping provided between curb and sidewalk, and the walking trails connect the development to adjacent parcels. 5. Although there is no connectivity to Griffin Road and Van Winkle Road,these rural roads are narrow with no sidewalks or areas for pedestrians to safely traverse and cannot handle any 6 additional capacity. The benefit of having a connection is negated by the addition of traffic on streets that cannot safely support the added traffic. 6. The Applicant has modified its plan to the extent reasonably possible to limit the construction on steep slopes and will design the development to ensure adequate erosion control and stormwater management measures. 7 Exhibits Development Plan See Exhibit A-1 attached • 8 i 5 i On�.'nfTErarr.ifT.aTAn C nn' sr % t 0f�rarr .raR airrrrr'Sr.rr7 °.. 0 � � � E MEMMORYeARE� f L,' �r ..em..ee.v.7.:..n 8 wont acme mew gas . 9. ui MEMORY CARE m��e� 3rc F• _ Ar� .r r l wU al�tie wa•k4101 0 my m mim vw.m wa TINE 51*OPMWATER' ! �yy / / MANAGEMFHTigrg ys/ "PHEALHf I/� _ /Y17�'/�� ` :uY••••••• CK �,a�� A±p�� r l -� , j -i��~!�� �) - /' / v�.v.m�r.noww®.amr¢e ��� �.' dps®��flf�o'ftce `� ,�iel� , /. �.. .- �p>. t m o rl� F , .m,<�„ . �f� aft i 1 / F v 0 x o i Ii / f At°" M1 IA w.., mac 3 .? F,F ter. 1: a f � � z ��� ti ' ..u°nvsr...''WS' � a C / FF \ n ° S • z ? . 6 I µ! — 3. -\ R -' vw ,na,.m vm x. ./ / SIS � h i, LANDSCAPE REV . . '' EXHIBIT A I • K s a...._ ® .°...r.,, \ / "/ / • A. DEVELOPMENT PLAN r✓ PHEASANT RIDGE ' ® / 1 „r9” I. KC J > .. -_ �' °ll MEMORY CARE&xASSIoTED LIVING w e / / -- , • . SMITH/PACKETT MEUCOM,LLC - uv � ,,e-n . xonxoxEv„.u .a a Stormwater Conveyance Channel See Exhibit A-2 attached 9 l OTE -'---: ?; - THIS EXHIBIT IS FOR ILLUSTRAIIW PURPOSES ONLY. - �j% THE ANAL LOCATION AND SPECIES OF PLANT MATERIALS = . l WILL BE ESTABLISHED INTH THE SITE DEVELOPMENT ` rr' %� %/ PLANS AND ARE SUBJECT TO THE RENEW AND �/ f APPROVAL OF ROANOKE CITY STAFF. �ti y --taw.% . -=- SECTION LOCATION L t LARGE DECIDUOUS TREES INaUMN& a -- BUT NOT LIMITED TO, RED MAPLE, SUGAR MAPLE BLACK an4 PILLOW —so aaw—. , OA14 AND RIVER BIRCH PLANTING a"'III- SHALL !1V A RANDOM SEQUENLE apart:en a �I It .�a e.,Pr TAIL 1i�ta.° if Ma`y.. w : a a GTNIMN ROAD , �' - so' a NI Y a. IMPROVED DUSTING STORSIWATER CONVEYANCE - EXHIBIT "A-2" MATTING & GRASS LANG 4664 9RAMBLETON AVENUE DATE: January 20, 2015 s LUMSDEN ASSOCIATES, P.C. ROANOKE BOX 20669 24018 SCALE: = _" - ENGINEERS-SURVEYORS-PLANNERS PHONE:1540;%74-0411 NO SCALE ' ` ROANOKE, VIRGINIA FAX: 540) 772 4441 o --- COMM. NO.: bMA1L:MAIL�DLUMSDENPC.COM 12-166 S, Elevations Memory Care See Exhibit a-1 attached 10 ' - / VINYL OR FIBER CEMENT j,,,'.1740;97. „.. , 'WI V+ 'r. DIMENSIONAL ASPHALT SHINGLE— - SIDING AND TRIM 700/0":1411., ' 1 4411 � � --re `L d n ■I I n =Er- ., n// ' I ///! nn d @//li6 es ... ,. n . n I MM II //// n// n// nn in NI MI IN IASnEt ff 'f NI` r n MM P MN MS 'an fa fans. n// I i/n I Re IF /in ' ' of Me es n --� RR I MM (I 1111 IS ' Tf•� .. - - -.-- —. - - fs ca of of ill fA Alit BRICK.SPLIT FACE CMU,OR ENTRY DETAIL NATURAL MASONRY SCALE: 1/4"=1'-0° r ee is m mn ®� . "Si _s na�l :, e: ^••a I 1 � 1 r "� I I "B FRONT ELEVATION(NW) SCALE:3/32"=1'-0" PHEASANT RIDGE MEMORY CARE CONCEPTUAL ELEVATIONS GAYLEN HOWARD LAING ARCHITECT ' `" ' ARCHITECTURE NTERICR DESIGN PLMNING SMITH/PAC KE .mnm"wu..n.nmvi im wx�iurv:w+rv.+m.mi nm RYNffIQ WMI MI ENYORMM • 3 a It r SIDE ELEVATION(SW) SCALE:3/32 =1'-0" At I�t t� U� @® nn tin n as ai I I !I it Ila ; a® flit na W� pr EL�+ REAR ELEVATION(SE) PHEASANT RIDGE MEMORY CARE SIDE ELEVATION(NE) CONCEPTUAL ELEVATIONS :Sr %,;taattionanormist-: GAYLEN HOWARD LAING ARCHITECT SCALE 3/32"=T-0" I ARCHITECTURE INTERIOR DESIGN PLANNING •SMITH/PACKETT .mnnry — -aawrz.mw.nxn.u.e+mrs--- Elevations Assisted Living See Exhibit B-2 attached 11 ZINN- - . dirlik.. . ...... zoleNNsiii,. , IM M lea 1108 di UM V 11011 ...'.aiti LIM MSaa l WMM INI 141M 0m wHU ON 11V11IM:11 NIIIIS II WHWM I O HIWllWM0I V 9 TSHiWaIIrSM H is a00 W=ij llt dIIIIIII I I i hIH0t..I 1 ■ III MI _al LIIIILIL.Filit_tel_ HIE III In 11$0 Hil HI IIWIII . 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IR Ii'lle BIM htt.. ..1115 Me; Mit ii3 IE.::: ME :11.1.:: mm IIIN l". :LUZ ll'^ - IL% MI: .141 :El.11 =I ....l. i: , ... .1:1 :1:::: ...... .111:1 :al EMI ill' .11i Mi. •:” ::::: ::::: . . ... ., FRONT ELEVATION(NW) PHEASANT RIDGE ASSISTED LIVING SCALE:3/37=1-0" CONCEPTUAL ELEVATIONS GAYLEN HOWARD LAING ARCHITECT ARCITECTURE INTERIOR DESIGN PLANNING SMITH/PAC NE Previously Adopted Ordinance See Exhibit C Attached 12 \ N THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 18th day of March, 2013. No. 39610-031813. AN ORDINANCE.to amend §362-100,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 Mixed Use Planned Unit Development Plan,as it pertains to 4414 Pheasant Ridge Road, S.W., bearing Official Tax No. 5460124; 4345 Griffin Road, S W., bearing Official Tax No. 5470302;and four unaddressed lots on Griffin Road,bearing Official Tax Nos. 5470301,5470303, 5470304, 5470305; and three unaddressed lots on Van Winkle Road,bearing Official Tax Nos. 5470306,5470307 and 5470308;and dispensing with the second reading by title of this ordinance. WHEREAS, Pheasant Ridge Apartments,LLC,has made application to the Council of the City of Roanoke, Virginia("City Council"),to amend the Mixed Use Planned Unit Development Plan, to permit construction of six buildings housing 210 apartment units instead of 160 condominium units, a stand-alone clubhouse, and a pool, with a changed site configuration and amenities than previously permitted by the Mixed Use Planned Unit Development Plan,Ordinance No.37789-052107,adopted by City Council on May 21,2007,as they pertain to the parcels bearing Official Tax Nos. 5460124, 5470301, 5470302, 5470303,5470304,5470305,5470306,5470307, and 5470308; 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 at its meeting on March 12,2013,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 18,2013, after due and timely notice thereof as required by§36.2-540, Code of the City of 1 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 Mixed Use Planned Unit Development Plan,for the properties described as Official Tax Nos.5460124,5470301, 5470302, 5470303,5470304,5470305,5470306,5470307,and 5470308; and WHEREAS,this Council, after considering the aforesaid application,the recommendation made to the Council by the Planning Commission,the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice,requires the amendment of the Mixed Use Planned Unit Development Plan,as they pertain to the parcel bearing Official Tax Nos. 5460124, 5470301, 5470302, 5470303, 5470304,5470305,5470306, 5470307,and 5470308,as herein provided. THEREFORE,13E 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 Mixed Use Planned Unit Development Plan, as it pertains to the parcels bearing Official Tax Nos. 5460124, 5470301, 5470302, 5470303, 5470304, 5470305, 5470306, 5470307, and 5470308,as set forth in the Amended Application No. 2,dated February 27, 2013. 2. Pursuant to the provisions of Section 12 of the City Charter,the second reading of this ordinance by title is hereby dispensed with. ATTEST: • tr.) City Clerk. ZONING DISTRICT MAP s 170 u„ p 4414 Pheasant Ridge Road SW; s ps°o °�o _4 sy s°so o'' 5g1o� y cs 0, 4345, 0, 0, 0 Griffin Rd. SW; <9 °'5' i.t' sQ s3 'IDI"` u N o 5470516 and 0, 0, 0 Van Winkle Rd. SW ap '��`♦ s9 8� °° JOPLIN B o yQ1o�o� Official Tax Parcels: 5460124, o��ROS sP o? o� .Q 5470517 5470301, 5470302, 5470303, `' ' °oyo os X05 alo�oa 5470304, 5470305, 5470306, �sQ 2 °s r `'° 2 5470515 5 09 5470307, 5470308 so � s sp o g41OT RA (c) j pp oy n- 5470519 •I. Area to be Rezoned Y / `ros vs BRISTOL RD 541°1 ,\ I- -I . .. 5480401' I ��• 011 Conditional Zoning / h q f �o y 5470404 5470407 5 Zoning - v o f -..�/ h o`' 0.(12 RA (Residential-Agriculture) • - (19\ <,) FIN 54� R-12 (Res. Single-Family) p1° y „lee i O R-7 (Res.Single Family) yA�09' 0L05 ,GRIFFINlRD .•t.$.♦* 541•06oa.►,�, (3 v i♦ s r`♦JS S ♦♦ 5450101 R-5 (Res.Single-Family) .: 0a 10 0 ...♦♦ `♦♦ O °1a •��♦ o 45a o•♦4. g.. > d o •♦♦ • • -4 o ♦ w 413 (o R-3 (Res. Single Family) ‘17;.-12i, 5 �10`L M , I,li♦ - at♦ �♦ o ♦•o ♦ o�, •♦♦ ya'1,o� RM-1 (Res. Mixed Density) ` 6 Off' ♦♦♦♦♦♦♦♦i MXPUD' c)1°w • D i♦♦!♦� O � . p'1 •♦♦♦♦♦ v Oi ♦♦♦♦ // v.. ,5 6 5450102 •••• •'ri�o ♦♦♦♦♦♦♦ . O 4 RM-2 (Res. Mixed Density) �• S sA♦♦♦♦♦♦j♦♦'�♦♦♦♦♦♦♦♦♦♦♦♦♦'y`d1•••••A♦♦ t• j f 2L ,♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ �y' �+� /` 4•RMF (Res. Multi-Family) o ' e♦♦♦♦♦♦♦♦♦ ♦♦♦♦♦♦♦ 36.µc•, , �Z•' ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦�♦♦♦�♦�♦�♦�i♦�4 w -' 10'' CN (Commercial-Neigh) as iy.ku�♦♦♦♦♦♦♦♦• o ♦�►SA, 5y,a r, x: F !� R50 CG (Commercial General) ' ••♦♦♦!♦.♦♦♦♦♦♦coa a♦♦�♦ A," o, e r �A• ( rg ) R .. • HE SYNC ° 4.•4,, ♦:♦:♦♦::♦ ?"'' '>,1i. MX(e) -,.. i `,._-_'- P .-,..0 CLS (Commercial-Large Site A '� 1(";',? ` �;�, - I-1 (Light Industrial) Q1OGE c-, b•♦i♦�♦�♦Alp1 i" • ^:` ' I- { y'� t+si`t•1-2 (Heavy Industrial) •A: �✓x K- 44.•.e•V t;. Nsi i GF 5-473012-3 ? 'PI Ell D (Downtown) _ '� (�i_ �d 4 p:"�4."^`♦♦, •rx.'",+ ' )9__a D"lPV" '4,'� ti . ) �∎ MX (Mixed Use) '., ` I ) \-.•1„'lyt, �:., r : /Jr �{• IN (Institutional) 1, , �-(4, `.°c s !K r /� J � � a' o ROS (Rec&Open Space) . tr ° qtr �3 ��! 0:; `t � � 'v a 1• _�: r r AD (Airport Dev) , k t.,o y. yy,,� .'1 :: 3 + 1';',,f',2:(:-.',- V11,-,. / :::7p�;•:• t ,x ^ r at- OG' ' MX e 4....,":1,- )r s MXPUD (Mixed Use Planned Unit Dev) -, ?:a-(p12� ,,, `'�MX (cj 60�� a,`" a. <�ry ) ( t„Y . 1 - C A� ' } MX(c)k: _ /• INPUD (Institutional Planned Unit Dev) : v� . • t 4:2, "• "> 4`"",,1_,Z,....�- tr- S- T• ® IPUD (Industrial Planned Unit Dev) .a a ',� ; T e >�f }�� r � J 't © 546n am OF (Urban Flex) N it . a 0 200 Feet w -1FE , t tixr Ii : lr. .*' s '":. at, -1. V: / .-..,.a,; . _ .'�. .!_V:-' : i 5460117 ? AFFIDAVIT APPLICANT: PR Homes, LLC LOCATION: 4414 Pheasant Ridge Road, SW Tax Nos. 5460124, 5470301, 5470302, 5470303, 5470304, 5470305, 5470306, 5470307 & 5470308 REQUEST: Amend Planned Unit Development Plan COMMONWEALTH OF VIRGINIA ) TO-WIT: CITY OF ROANOKE ) The affiant, Tina M. Can-, first being duly sworn, states that she Is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail this '2 day of Cd. s'ttit�G� , 2015, notices of a public hearing to be held on this 9 day of 4/1-CA , 2015, on the request captioned above to the owner or agent of the parcels as set out below: Tax No and Owner's Name and Address 5460152 5460153 5460154 MILLER MASON JR&HELEN G RETALEATO GEORGE M& HENSLEY JUDITH L 4434 PHEASANT RIDGE RD SW 305 SIKORSKI-RETALE 4434 PHEASANT RIDGE RD SW 307 UNIT 4434 PHEASANT RIDGE RD SW 306 ROANOKE VA 24014 ROANOKE VA 24014 UNIT 5460155 5460156 5460157 GOOD ANDREW J&DIANA D JOHNSON MARIE JOYNER HARDY JOHN M 4434 PHEASANT RIDGE RD#308 4434 PHEASANT RIDGE RD#401 4434 PHEASANT RIDGE RD UNIT ROANOKE VA 24014 ROANOKE VA 24014 402 ROANOKE VA 24014 5460158 5460159 5460160 SMITHSON ANNE M LARGEN GLORINE C COBHAM BRENDA A 5573 SEMINARY RD#107 4434 PHEASANT RIDGE RD SW 404 4434 PHEASANT RIDGE RD SW 405 FALLS CHURCH VA 22041 UNIT UNIT ROANOKE VA 24014 ROANOKE VA 24014 5460161 5460162 5460163 KWUN DOOYUNG& EUNJUNG JACKSON JAMES R CLARK PAULINE CARR PO BOX 269 4434 PHEASANT RIDGE RD SW 407 4434 PHEASANT RIDGE RD SW 408 TAZEWELL VA 24651 APT UNIT ROANOKE VA 24014 ROANOKE VA 24000 5480202 5460203 5460205 BEATTY HARLEY RICHARD& WOOD MARGARET K COLEMAN NANCY J&ETAL MARTHA JANE 4438 PHEASANT RIDGE RD SW 103 4438 PHEASANT RIDGE RD SW 2840 JACK'S FAIRWAY UNIT UNIT 105 NASHPORT OH 43830 ROANOKE VA 24014 ROANOKE VA 24014 5460206 5460207 5460208 MYERS DAVID L SR TRUSTEE SHUPE HAROLD T&JANE G DEATON ANNE H MYERS LIVIN 4438 PHEASANT RIDGE RD SW 107 4438 PHEASANT RIDGE RD SW 106 4428 PHEASANT RIDGE RD SW UNIT UNIT UNIT 35 ROANOKE VA 24014 ROANOKE VA 24000 5460209 5460210 5460211 DAVIS NORMA LOU WEN CHANGBO&ZHU XIAO WU GLOVER H ALLEN JR&MARY K 4438 PHEASANT RIDGE RD SW 201 6812 140TH PL NE 2729 ROSALIND AVE SW UNIT REDMOND WA 98052 ROANOKE VA 24014 ROANOKE VA 24000 5460212 5460213 5460214 SAVELY JOE E &MAUREEN L JOANNE R WILLIS MARITAL TRUST PATILLO HOWARD F&ELIZABETH K 4438 PHEASANT RIDGE RD SW 204 4438 PHEASANT RIDGE RD SW 205 4438 PHEASANT RIDGE RD SW 206 STE ROANOKE VA 24014 UNIT ROANOKE VA 24014 ROANOKE VA 24000 5460215 5460217 5460218 HUTCHERSON REGINALD K WRIGHT GILLIAN P&DAVID E ROY DONALD J &MYRIAM 4438 PHEASANT RIDGE RD UNIT 4438 PHEASANT RIDGE RD SW 301 4438 PHEASANT RIDGE RD SW 302 207 UNIT UNIT ROANOKE VA 24014 ROANOKE VA 24014 ROANOKE VA 24014 5460219 5460220 5460221 RICE H LAWRENCE&MARY R WALZ CHARLES R FIELDING JOHN&NORMA D 4438 PHEASANT RIDGE RD SW 303 4438 PHEASANT RIDGE RD SW 304 4438 PHEASANT RIDGE RD SW 305 UNIT UNIT UNIT ROANOKE VA 24014 ROANOKE VA 24000 ROANOKE VA 24014 5460222 5460148 5460151 BENNETT WILLIAM F TRUSTEE MAYHUE PROPERTIES LLC ELLIOTT RICHARD J&EDITH N 4438 PHEASANT RIDGE RD SW 306 125 HIDDEN FALLS LN 4434 PHEASANT RIDGE RD SW 304 UNIT BOONES MILL VA 24065 UNIT ROANOKE VA 24014 ROANOKE VA 24014 5460149 5460146 5460142 SEVEN JULIE JOHNSON WHITEHURST CORRIE L JR&EMILY BUDNER JUDITH H 4434 PHEASANT RIDGE RD SW 302 D 907 VISTA PKWY UNIT 4434 PHEASANT RIDGE RD SW 207 HARDY VA 24101 ROANOKE VA 24014 UNIT 5460141 5460140 5460139 ECKSTEIN SHIRLEY ZOLL RON H&CAROLYN P TICE GEORGE M 4434 PHEASANT RIDGE RD SW 202 4434 PHEASANT RIDGE RD SW 201 4434 PHEASANT RIDGE RD E#108 UNIT UNIT ROANOKE VA 24014 ROANOKE VA 24014 ROANOKE VA 24014 5460138 5460137 5460136 SMITH/PACKETT MED-COM LLC KINSEY WARREN L&BESSIE D HATCHER LINDELL A LIFE ESTATE 4423 PHEASANT RIDGE RD SW STE 2530 COAHCMAN CIR 4434 PHEASANT RIDGE RD 1 BLDG 301 ROANOKE VA 24012 ROANOKE VA 24014 ROANOKE VA 24014 1 5460135 5460134 5460133 ROBERTS JESSELYN M LIFE KIDD BETTY JO WOOD DONNIE L&JUDY C ESTATE 5027 HUNTING HILL DR SW 4434 PHEASANT RIDGE RD SW 102 4434 PHEASANT RIDGE RD SW 104 ROANOKE VA 24018 UNIT UNIT ROANOKE VA 24014 5460132 5460125 5460124 MOFFITT MARY P PHEASANT RIDGE CONDOMINIUMS PR HOMES LLC 901 MADRONA ST APT 234 LLC 4423 PHEASANT RIDGE RD SW STE MIDLOTHIAN VA 23114 213 S JEFFERSON ST STE 1007 301 ROANOKE VA 24011 ROANOKE VA 24014 5480123 5460223 5480224 HCP VIRGINIA INC DOUGAN LAWRENCE BALTZELL NOVA LENORE TRUSTEE PO BOX 847 3451 OVERKILL TRL 4438 PHEASANT RIDGE RD SW 308 CARLSBAD CA 92018 ROANOKE VA 24018 UNIT ROANOKE VA 24014 5460225 5460226 5460227 SCHULTZ SHIRLEY W TRUSTEE HARTER BASIL T ETALS TRUSTEES CLINGMAN MARALLYN R SCHULTZ LI 6243 STRATFORD WAY 4438 PHEASANT RIDGE RD SW 403 4438 PHEASANT RIDGE RD SW 401 ROANOKE VA 24018-7793 UNIT UNIT ROANOKE VA 24014 5460229 5460230 5460231 GORHAM PERRY G THE LEE M GREINER SR AND DRAPER VIRGINIA M 4438 PHEASANT RIDGE RD SW#405 GRETCHEN R 4438 PHEASANT RIDGE RD SW 407 ROANOKE VA 24014 4438 PHEASANT RIDGE RD UNIT UNIT 406 ROANOKE VA 24000 5460232 5460233 5460234 OCONNOR JOHN F OR OCONNOR LESLIE JOHN W&MATAH C PHEASANT RIDGE CONDOMINIUMS PAMELA S T 4448 PHEASANT RIDGE RD SW 101 LLC 4438 PHEASANT RIDGE RD SW 408 UNIT 4423 PHEASANT RIDGE RD SW 301 UNIT ROANOKE VA 24014 STE 5460235 5460236 5460237 PEGRAM DAVID E MCLENDON JESSE&JOYCE 5 PALMORE WILLIAM R& 4448 PHEASANT RIDGE RD UNIT 4448 PHEASANT RIDGE RD SW 104 JACQUELINE E 103 APT 4448 PHEASANT RIDGE RD SW APT ROANOKE VA 24014 ROANOKE VA 24014 105 5460238 5460239 5460240 BRUSTER DONALD C RAFALIK RICHARD J &KATHLEEN HUSHOUR DONNA L 4448 PHEASANT RIDGE RD SW 108 4448 PHEASANT RIDGE RD SW 4448 PHEASANT RIDGE RD SW UINT UNIT 107 UNIT 108 ROANOKE VA 24014 ROANOKE VA 24014 ROANOKE VA 24014 5460241 5460242 5480243 STOVALL LOWELL P&ANNIE B PR CONDO HOLDINGS LLC CREWEY MARY L 4448 PHEASANT RIDGE RD SE UNIT 4423 PHEASANT RIDGE RD SW STE 4448 PHEASANT RIDGE RD SW 203 201 301 STE ROANOKE VA 24014 ROANOKE VA 24014 ROANOKE VA 24014 5460244 5460245 5460247 RAPP EMILY H MARCUM FRANCES L HEFFER LOUISE A 4448 PHEASANT RIDGE RD SW 204 4448 PHEASANT RIDGE RD SW 205 4448 PHEASANT RIDGE RD SW 207 UNIT UNIT UNIT ROANOKE VA 24014 ROANOKE VA 24014 ROANOKE VA 24014 5460248 5460250 5460251 HAWLEY WILLIAM H &JANICE H WATKINS ROSEMARY COON PHEASANT RIDGE CONDOMINIUMS 516 MIDLANE PL 4448 PHEASANT RIDGE STE 302 LLC MELBOURNE FL 32934 ROANOKE VA 24014 4423 PHEASANT RIDGE RD SW 301 STE 5460252 5460254 5460255 FOSS MARGARET R FLORENCE PEALE REVOCABLE LEE ROY R& NORMA J 4230 ELM VIEW RD SW APT 324 LIVING TRUS 3206 ROBIN DALE DR ROANOKE VA 24018-8425 120 CHESTNUT FOREST CIR VINTON VA 24179 HARDY VA 24101 5460256 5460257 5460258 PAINTER R KEITH DILLON JAMES M&MARTHA P BURNETT SARAH E 4448 PHEASANT RIDGE RD SW 4448 PHEASANT RIDGE RD SW 401 4448 PHEASANT RIDGE RD SW 402 UNIT 308 UNIT UNIT ROANOKE VA 24014 ROANOKE VA 24014 ROANOKE VA 24014 5460259 5460260 5460261 CRAFT HARRY S&DELORES 0 BYRD CONNIE C EVALT JOSEPH ANTON 4448 PHEASANT RIDGE RD SW 403 4448 PHEASANT RIDGE RD SW 200 THE GLEBE BLVD#2004 UNIT UNIT 404 DALEVILLE VA 24083-3724 ROANOKE VA 24014 ROANOKE VA 24014 5460262 5460263 5460264 CARTER ROBERT S LINKOUS JULIE A GOAD JOYCE P 3804 BRANDON AVE SW APT 325 4448 PHEASANT RIDGE RD SW 4448 PHEASANT RIDGE RD SW ROANOKE VA 24018 UNIT 407 UNIT 408 ROANOKE VA 24014 ROANOKE VA 24014 5460301 5460302 5460303 YEATTS PATRICIA 0 SNEDEGAR MARY J THE MENTEL LIVING TRUST DATED 4444 PHEASANT RIDGE RD SW 4444 PHEASANT RIDGE RD UNIT NOVEMB UNIT 101 102 4444 PHEASANT RIDGE RD SW ROANOKE VA 24014 ROANOKE VA 24014 ROANOKE VA 24014 5460305 5460306 5460307 KINNEY FAMILY LIVING TRUST BRAND CYNTHIA D BOVA BRENDA C 4444 PHEASANT RIDGE RD#105 4444 PHEASANT RIDGE RD#106 4444 PHEASANT RIDGE RD SW 107 ROANOKE VA 24014 ROANOKE VA 24014 UNIT ROANOKE VA 24014 5460308 5460310 5460311 APOSTOLOU JOHN L JEANNE H BERNARD REVOCABLE MCMAINS SUSAN 4444 PHEASANT RIDGE RD SW TRUST AGR 4444 PHEASANT RIDGE RD SW UNIT 108 4444 PHEASANT RIDGE RD UNIT UNIT 203 ROANOKE VA 24014 202 ROANOKE VA 24014 5460312 5460313 5460314 JANET C DAVIS TRUST NULPH DONALD R& KATHRYN E KEESEE WILLARD H&DORIS M 4444 PHEASANT RIDGE RD#204 4444 PHEASANT RIDGE RD SW#205 4444 PHEASANT RIDGE RD SW 208 ROANOKE VA 24014 UNIT UNIT ROANOKE VA 24014 ROANOKE VA 24014 5460315 5460316 5460317 LAYMAN DOROTHY W COFFMAN BRENDA M BAKER KENNETH G& EMILENE A 4444 PHEASANT RIDGE RD SW 207 4444 PHEASANT RIDGE RD SW 208 4444 PHEASANT RIDGE RD SW UNIT STE UNIT 301 ROANOKE VA 24014 ROANOKE VA 24014 ROANOKE VA 24014 5460318 5460319 5460320 TREADWAY CORINTH S FREED DELLA JOYCE SHECKLER LOUIS R&SHIRLEY L 4444 PHEASANT RIDGE RD UNIT 4444 PHEASANT RIDGE RD SW 303 4444 PHEASANT RIDGE RD SW 304 302 ROANOKE VA 24018 UNIT ROANOKE VA 24014 ROANOKE VA 24014 5460321 5460322 5460324 WINKLEHAUS CHARLES PHEASANT RIDGE CONDOMINIUMS STAMPS MARGARET A 4444 PHEASANT RIDGE RD SW 305 LLC 4444 PHEASANT RIDGE RD SW 308 UNIT 4423 PHEASANT RIDGE RD SW 301 ROANOKE VA 24014 ROANOKE VA 24014 STE 5480325 5460326 5460327 WILLS DOUGLAS G &WANDA S TRH HOLDING LLC CRAFT SHIRLEY G 4444 PHEASANT RIDGE RD SW 2100 WINSTON AVE 4444 PHEASANT RIDGE RD SW UNIT 401 ROANOKE VA 24014 UNIT 403 ROANOKE VA 24014 ROANOKE VA 24014 5460328 5460329 5460331 IVEADOR FRANK B JR&PAMELA C TRENT FRANCES G MASSEY ROBERT H 5806 BAYSIDE RD 4444 PHEASANT RIDGE RD SW 405 4444 PHEASANT RIDGE RD SW 407 ST LEONARD MD 20685 UNIT UNIT ROANOKE VA 24014 ROANOKE VA 24014 5460332 5460130 5460165 MCINTOSH WILLIAM H&LAURA T VENTAS PHEASANT RIDGE LLC ROANOKE IL INVESTORS LLC 4444 PHEASANT RIDGE RD SW 408 21001 N TATUM BLVD STE 1630-630 4423 PHEASANT RIDGE RD SW STE UNIT PHOENIX AZ 85050 301 ROANOKE VA 24014 ROANOKE VA 24014 5470116 5470129 5470130 BRIXMOR GA APOLLO I SUB PHEASANT RIDGE OFFICE PHEASANT RIDGE OFFICE HOLDINGS LLC BUILDINGS LLC BUILDINGS LLC PO BOX 4900 DEPT 124 4423 PHEASANT RIDGE RD SW STE 4423 PHEASANT RIDGE RD SW STE SCOTTSDALE AZ 85261 301 301 5470203 5470204 5470205 ANDREWS WALTER LEE& RICHARDS ERWIN B HARRIS RICHARD JR &MARGARET CLEMONTEEN 7219 RABBIT RUN RD C 4263 GRIFFIN RD SW ROANOKE VA 24018 4313 GRIFFIN RD SW ROANOKE VA 24014 ROANOKE VA 24014 5470206 5470301 5470302 PAIGE PAUL ANDREW&JOY FAYE PR HOMES LLC PR HOMES LLC 4323 GRIFFIN RD SW 4423 PHEASANT RIDGE RD SW STE 4423 PHEASANT RIDGE RD SW STE ROANOKE VA 24014 301 301 ROANOKE VA 24014 ROANOKE VA 24014 5470303 5470304 5470305 PR HOMES LLC PR HOMES LLC PR HOMES LLC 4423 PHEASANT RIDGE RD SW STE 4423 PHEASANT RIDGE RD SW STE 4423 PHEASANT RIDGE RD SW STE 301 301 301 ROANOKE VA 24014 ROANOKE VA 24014 ROANOKE VA 24014 5470306 5470307 5470308 PR HOMES LLC PR HOMES LLC PR HOMES LLC 4423 PHEASANT RIDGE RD SW STE 4423 PHEASANT RIDGE RD SW STE 4423 PHEASANT RIDGE RD SW STE 301 301 301 ROANOKE VA 24014 ROANOKE VA 24014 ROANOKE VA 24014 5470310 5470409 5470410 EDWARDS GLORIA M TRS FIRST BAPTIST CHURCH CLAYTOR HENRY J JR&CAROLYN 4437 VAN WINKLE RD SW 310 N JEFFERSON ST D ROANOKE VA 24014 ROANOKE VA 24016 4350 GRIFFIN RD SW ROANOKE VA 24014 5470411 5470412 5470413 DNAL HOLDINGS I LLC DNAL HOLDINGS I LLC PR HOMES LLC 4423 PHEASANT RIDGE RD 301 STE 4423 PHEASANT RIDGE RD 301 STE 4423 PHEASANT RIDGE RD SW STE ROANOKE VA 24014 ROANOKE VA 24014 301 ROANOKE VA 24014 5470414 5470415 5470712 RATLIFF ERIC W&HOPE M ROY RD LW PAIGE PAUL ANDREW&JOY FAYE 4320 GRIFFIN RD SW 4423 PHEASANT RIDGE RD STE 301 4323 GRIFFIN RD SW ROANOKE VA 24014 ROANOKE VA 24014 ROANOKE VA 24014 5470713 MUSE RUBY MARIE 4422 VAN WINKLE RD SW ROANOKE VA 24014 r Tina M. Carr SUBSCRIBED A WORN to befor y e, a No Public, in the City of Roanoke, Virginia, this day of ' , 2015. aida u 2 Notary Public CANDACE R.MARTIN NOTARY PUBLIC Commonweakh of Virginia Reg.#262076 My Commission Expires !r0 akl( STATEMENT OF CONFLICT OF INTEREST I, Court G. Rosen, state that I have a personal interest in agenda item B.3 in the evening session of City Council on March 16, 2015, regarding the request of PR Homes, LLC, to rezone certain properties because I have a business relationship with an affiliate of PR Homes, LLC. Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness my signature made this 16th day of March, 2015. (Seal) Court G. Rosen . CITY OF ROANOKE OFFICE OF THE CITY CLERK :1 215 Church Avenue,S. W., Suite 456 � - Roanoke,Virginia 2401 1-1536 `....:... !,,:''--' Telephone: (540)853-2541 Fax: (540)853-1145 STIINIIANIE M.MOON REYNOLDS,MMC F.-mail: clerk @roanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T. WEBB,CMC Assistant Deputy City Clerk March 3, 2015 Hunter D. Smith Special Manager PR Homes, LLC 4423 Pheasant Ridge Road, Suite 301 Roanoke, Virginia 24014 Dear Mr. Smith: 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 to be heard by the City Planning Commission on Monday, March 9 at 1:30 p.m., in the Council Chamber regarding a request of PR Homes, LLC, that property located at 4414 Pheasant Ridge Road, S. W., bearing Official Tax Map Nos. 5460124; 4345 Griffith Road, S. W., bearing Official Tax Map No. 5470302 for under addressed lots on Griffith Road, S. W., bearing Official Tax Map Nos. 5470301, 5470303, 5470304, 5470305, and three unaddressed lots on Van Winkle Road, S. W., bearing Official Tax Map Nos. 5470306, 5470307, 5470308, be rezoned from Mixed Use Planned Unit Development Plan (MXPUD), pursuant to Ordinance No. 39610-031813 adopted by Roanoke City Council on Monday, March 18, 2013, to Institutional Plan Unit Development Plan (INPUD). Furthermore, a public hearing also has been scheduled to be held on Monday, March 16 at 7:00 p.m., or soon thereafter as the matter may be heard before the Roanoke City Council in the Council Chamber. Should you have questions regarding the public hearing before the Planning Commission as abovementioned, please contact Tina Carr, Secretary, City Planning Commission, at (540) 853-1330. Lastly, it will be necessary for you, or your representative,to be present at the March 16 Council public hearing. Failure to appear could result in a deferral of the matter until a later date. CITY OF ROANOKE OFFICE OF THE CITY CLERK a a 215 Church Avenue, S. W., Suite 456 Roanoke,Virginia 2401 1-1536 „.._;.-.-, Telephone: (540)853-2541 Fax: (540)853-1145 STFPI IAN IF M.MOON REYNOLDS,MMC Email: clra k(Mroanokevu.gov JONATHAN L.CRAFF,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk March 3, 2015 Adjoining Property Owners/Interested Property Owner Ladies and Gentlemen: 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 to be heard by the City Planning Commission on Monday, March 9 at 1:30 p.m., in the Council Chamber regarding a request of PR Homes, LLC, that property located at 4414 Pheasant Ridge Road, S. W., bearing Official Tax Map Nos. 5460124; 4345 Griffith Road, S. W., bearing Official Tax Map No. 5470302 for under addressed lots on Griffith Road, S. W., bearing Official Tax Map Nos. 5470301, 5470303, 5470304, 5470305, and three unaddressed lots on Van Winkle Road, S. W., bearing Official Tax Map Nos. 5470306, 5470307, 5470308, be rezoned from Mixed Use Planned Unit Development Plan (MXPUD), pursuant to Ordinance No. 39610-031813 adopted by Roanoke City Council on Monday, March 18, 2013, to Institutional Plan Unit Development Plan (INPUD). Furthermore, a public hearing also has been scheduled to be held on Monday, March 16 at 7:00 p.m., or soon thereafter as the matter may be heard before the Roanoke City Council in the Council Chamber. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853-1330. Questions regarding the public hearing on March 16 before City Council may be directed to the City Clerk's Office at (540) 853-2541. Sincerely, kitat ash. Stephanie M. Moon Reyno ds, MMC City Clerk r' C1 L I a ra Department of Planning,Building and Development JAN 2 9 2015 R OA N O K E Room 166,Noel C.Taylor Municipal Building 215 Church Avenue,S.W. CITY OF ROANOKE Roanoke, Virginia 24011 PLANNING BUILDING& I. Click Hereto Print I Phone: (540)853-1730 Fax: (540)853-1230 DEVELOPMENT Date: 1/20/2015 ; Submittal Number: [ Oyipd lnal Aprlict he n J ❑Rezoning,Not Otherwise Listed ❑Amendment of Proffered Conditions ❑ Rezoning,Conditional Q Amendment of Planned Unit Development Plan ❑Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: Pheasant Ridge Road Roanoke,VA 24014 j Official Tax No(s).: 5450124,5470301,5470302 5470303,5470304,5470305,5470306,5470307and_TY 2.0301 1 Existing Base Zoning — — j ❑ With Conditions (If multiple zones,please manually enter all districts.) MXPUD,Mixed Use Planned Unit Development ❑ Without Conditions Ordinance No(s).for Existing Conditions(If app:icable) Requested Zoning. MXPUD.Mixed Use Planned Uni] Proposed Land Use: [ - Name: LPG{Homes LLC 1 Phone Number [ +I (540)774 7762 Address' [4423 Pheasant Ridge Road Suite 301 Roanoke,VA 24014 ] E-Mail f ahoimes @smithpackett.com 1 Property Owners Signature: xn. ra x°^mrt^:. '.i ^S. •w... _YY::r 3.FYi T.i.:..WRtR*:'+c: Name. [PRMC,LLC I Phone Number L +1 (540)774 7762 i Address. 14423 Pheasant Ridge Road Suite 301 Roanoke VA 24014 _I E-Mail [aholmes @smithpackett.corn I Applicant's Signature - r Name; j 11 2✓ i- �/ y a' H ag�� I Phone Number 5_ -736. . Address: 2"3 I 3% 1'Y)f R, j5Cj r cart-)� 1 M- a4. HSmi 7R Authorized Agent's Signature , Zoning! AifiOndoserst - It, :i _ ..„:4, , ., :: .,,,,,,, :: t;., dt:,,,,,,,,,, :14,- ' : ' •;..4 al,""-„: 4; ; ' jail a la t 4,-" ,,... : , ,I" ' -,*t,,,'t 0.4t" -,-x10#40" t":7;I, .•'''- '' "W4::'• :: ,‘ • I., W al +/.' .-••, . r , . .•1 • , 't't•Cf° 11' 4- 1'1 I,' , 4' t ' C,",':- LL.' 1';:t.4440417i ROANOKE n Oefed application form and checklist. [3-Written narrative explaining the reason for the request. ...ation map. Joining property owners list. Metes and bounds description,if applicable. gliequired fee. FOLI.:,T:t.' ,i'tt.' ...,;,.4,1 411,,...Mil:, 0 Concept plan meeting the Application Requirements of item#4 In Zoning Amendment Procedures. too.e...: /:.. ... .:•.-i,„'.-v..-:- .: tishatilig7,---1.-:#17.-111 r Written proffers. 17, 6ocepl plan meeting the Application Requirements of item#4 in Zoning Amendment Procedures. Please label as'development plan'if proffered. Fr.If nWifigiiiiictiAthktitininiejiiiiiIM:' 0 Development plan meeting the Application Requirements of item#4 in Zoning Amendment Procedures Fort1.10014/0frigatity:19.-4-17,:f.'fi.:11:ii.:ti.,.. ID Comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance, 0 Amended development plan meeting the Application Requirements of item#4 in Zoning Amendment Procedures,if applicable. D Amended concept p'an meeting the Application Requirements of item#4 in Zoning Amendment Procedures,if applicable. CI Written proffers to be repealed. n Written proffers to be adopted,if applicable. If some of the existing proffers are to be retained,please include these in this list. ID Copy of previously adopted Ordinance. Pars LanififirSithi*:' iiiiik**0.0104)11**Sirtittanit 0 Amended development plan meeting the Application Requirements of item#4 in Zoning Amendment Procedures 0 Copy of previously adopted Ordinance. 0 Amended comprehensive signage plan meeting the requirements of Section 36 2-336(d)of the City's Zoning Ordinance D Copy of previously adopted Ordinance. For a SatiNekiiiisktilic ImPed study be KOOS to the Piter,10‘00*(19 must also be iankted: D A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. F's hippos ma isquileatriteilteitiiiiiiiiiii bialtigittAftiot hi tisOlimostablOWSS: fl Cover sheet. C Traffic impact analysis. r Concept plan C Proffered conditions,if applicable E Required fee. An electronic copy of this application and checklist can be found at www.roanokeva.gov/pbd by clicking'Applications,Agreements,Birds,and Schedule of Fees' A complete packet must be submitted each time an application is amended,unless otherwise specified by staff Signature Page to Zoning Amendment Application Tax Map No.: 5461024 Property Address: 4414 Pheasant Ridge Road,SW Tax Map No.:5470301 Property Address: 0 Griffin Road, SW Tax Map No.: 5470302, Property Address: 4345 Griffin Road,SW, Tax Map No.: 5470303, Property Address:0 Griffin Road,SW, Tax Map No.: 5470304, Property Address:0 Griffin Road,SW, Tax Map No.: 5470305, Property Address:0 Griffin Road,SW, Tax Map No.: 5470306, Property Address:0 Van Winkle Road,SW, Tax Map No.:5470307 Property Address: 0 Van Winkle Road,SW Tax Map No.: 5470308, Property Address:0 Van Winkle Road,SW, Signature of Owner: PR Homes,LL'LLCC/ By: ` Its: ,ns0il __ }tete b. srnl►h RECEIVED Signature of Applicant: JAN 2 9 2015 PRMC,I.LC CITY OP ROANOKE By: MANNING BUILDING& DEVELOPMENT M D. Sms& PR Homes,LIZ succeeded to the ownership of real estate or any interest in real estate pursuant to merger with A&J Holdings, LLC, Dalton Place, LLC, Van Winkle, LLC, Integra Investment, LLC and Pheasant Ridge Holders, LLC effective as of December 31, 2008. A copy of the certification from the Virginia State Corporation Commission is attached evidencing the same RECEIVED 01/20/2015 19:10 5405628274 RY 01/26/2012 21:11 9477345 JIM PAGE 01/03 81120/2016 05:13 6406628274 RY PAGE 04/09 PRMC. LLC 4423 Pheasant Ridge Rood,Suite 301 Roanoke, VA 24014 January 6,2015 TO WHOM IT MAY CONCERN; Hunter D.Smith la hereby authorized to act on behalf of PRMC,LLC;a Virginia limited liability company, as a Special Manager of the company. Any prior actions taken by Special Manages' Hunter D. Smith are in all respects haraby ratified,confirmed and approved. PRMC,LLC A Virginia limited liability company By: lames R.Smith Chairman Manager vans ran radaalomUnwo Dsl rovan RECEIVED JAN 2 9 2015 CITY OF ROANOKE PLANNING BUILDING& DEVELOPMENT Location May o CO of Roanoke-Nw/lsMbols 00 f • • A -1 ® � ' 0 ' ........ r 1 / , . p1. .i { .ww.. rM g .o7rsx b , r 1. �f\�� .' WiSTul RD 4, Cklr • \. : 4.. • � d: 1 1t1 ; !4 , . 74 II, 1 VV 4(n . r lye, � . 'r.r. �.,�tix411 WMnp ey �' 1 . O y� 1,+1.. tro �i'�i !1+ s t El _N T Adjoining Property Owners Owner Propoerty Address Tax ID Mailing Address Paige Paul Andrew&Joy Faye 4323 Griffin Rd SW 5470206 4323 Griffin RD SW Roanoke,VA 24014 PR Homes LLC 0 Griffin RD SW 5470413 4423 Pheasant Ridge Rd Suite 301 Roanoke VA 24014 DNAL Holdings I LLC 4334 Griggin RD SW 5470412 4423 Pheasant Ridge Rd Suite 301 Roanoke VA 24014 DNAL Holdings I LLC 0 Griffin Rd SW 5470411 4423 Pheasant Ridge Rd Suite 301 Roanoke VA 24014 Claytor Henry J JR&Carolyn D 4350 Griffin RD SW 5470410 4350 Griffin Rd SW Roanoke VA 24014 TRS First Baptist Church 0 Griffin RD SW 5470409 310 N Jefferson St Roanoke,VA 24016 Webb Richard B JR 4372 Griffin RD SW 5470408 4372 Griffin RD SW Roanoke,VA 24000 Paige Paul Andrew&Joy Faye 4404 Van Winkle RD SW 5470712 4323 Griffin RD SW Roanoke,VA 24014 Muse Ruby Marie 4422 Van Winkle RD SW 5470713 4422 Van Winkle RD SW Roanoke,VA 24014 Edwards Gloria M 4437 Van Winkle RD SW 2470310 4437 Van Winkle RD SW Roanoke,VA 24014 Roanoke IL Investors, LLC 4428 Pheasant Ridge RD SE 5460165 4423 Pheasant Ridge RD SW Suite 301 Roanoke,VA 24014 Pheasant Ridge Office Buildings LLC 4423 Pheasant Ridge RD SW 5470130 4423 Pheasant Ridge RD SW Suite 301 Roanoke,VA 24014 Pheasant Ridge Office Buildings LLC 4419 Pheasant Ridge RD SW 5470129 4423 Pheasant Ridge RD SW Suite 301 Roanoke,VA 24014 Ventas Pheasant Ridge LLC 4435 Pheasant Ridge RD SW 5460130 21001 N Tatum BLVD STE 1630-630 Phoenix,AL 85050 Brixmor GA Apollo I Sub Holdings LLC 4210 Franklin RD SW 5470116 PO Box 4900 Dept 124 Scottsdale,AZ 85261 Rye Charles W 4384 Van Winkle RD SW 5470711 4324 Van Winkle RD SW Roanoke,VA 24014 Original Application Supporting Documents Tax No. 5460124, 5470301, 5470302, 5470303, 5470304, 5470305, 5470306, 5470307and 5470308 City of Roanoke, Virginia Project Name: Pheasant Ridge Memory Care Project Location: Pheasant Ridge Road, Roanoke, Virginia RECEIVED JAN 2 9 2015 I CITY OF ROANOKE PLANNING BUILDING& DEVELOPMENT 1 Contents Legal Description 3 Narrative 5 Description of Proposed Use and Development 5 Justification for Change 5 Impact to Surrounding Neighborhood 5 Availability of other similarly zoned properties in the area 6 Relationship to the City's Comprehensive Plan and the Southern Hills Neighborhood Plan 6 Exhibits 8 Development Plan 8 Stormwater Conveyance Channel 9 Elevations Memory Care 10 Elevations Assisted Living 11 Previously Adopted Ordinance 12 2 Legal Description BEGINNING at an existing iron pin lying on the northerly right-of-way of the terminus of Pheasant Ridge Road,SW,a variable width public right-of-way, and Pheasant Ridge Road,SW, a 40-foot private right-of- way, common corner of the property of Brixmor GA Apollo I SUB Holdings, LLC (Instrument # 120009239) and the herein described tract; thence leaving the said northerly right-of-way of Pheasant Ridge Road, SW and with the common line of the aforesaid property of Brixmor GA Apollo I SUB Holdings, LLC the following two (2) courses; N 38° 34' 31" W for a distance of 79.17 feet to an existing iron pin;thence N 38°28' 51"W for a distance of 81.27 feet to an existing iron pipe at the corner of the property of Paul Andrew Paige and Joy Faye Paige (Instrument#0020005882); thence leaving the said property of Brixmor GA Apollo I SUB Holdings, LLC and with the line of the aforesaid property of Paul Andrew Paige and Joy Faye Paige the following four(4)courses; N 51°32' 17"E for a distance of 207.12 feet to an existing iron pipe;thence N 49°35'04" E for a distance of 311.79 feet to a point;thence N 42° 58' 32"W for a distance of 6.89 feet to a point; thence with a curve to the right having a delta angle of 135° 00' 00", a radius of 14.50 feet, a chord bearing and distance of N 24° 31' 28" E, 26.79 feet to a point on the southerly right-of-way of Griffin Road, SW, a 50-foot public right-of-way; thence leaving the said property of Paul Andrew Paige and Joy Faye Paige and with the southerly right-of-way line of Griffin Road,SW the following four(4) courses;S 87° 58'32" E, passing an existing Iron pin at a distance of 154.37 feet, a total distance of 275.04 feet to a point;thence with a curve to the left having a delta angle of 19°24' 50", a radius of 116.80 feet, a chord bearing and distance of N 82° 17' 53" E, 39.39 feet to a point;thence N 72°35'28" E, passing an existing iron pin at a distance of 141.04 feet and passing an existing Iron pin at a distance of 230.95 feet, a total distance of 344.46 feet to a point; thence with a curve to the right having a delta angle of 68° 49' 43", a radius of 73.21' feet, a chord bearing and distance of S 72° 59' 40" E, 82.75 feet to a point at the southwesterly intersection of the said Griffin Road, SW and the westerly right-of-way of Van Winkle Road, SW, a 50-foot public right-of-way; thence leaving the southerly right-of-way of the said Griffin Road, SW and with the aforesaid westerly right-of- way of Van Winkle Road, SW, S 38°34'49" E for a distance of 220.07 feet to corner of Lot 10A, Block 11, Section 2, Southern Hills (Map Book 1, Page 3423), the property of Gloria M. Edwards (Instrument #140000594); thence leaving the said westerly right-of-way of Van Winkle Road and with the northwesterly line of the aforesaid property of Gloria M. Edwards, S 51° 15' 28" W for a distance of 199,80 feet to a point on the northeasterly line of the property of Roanoke IL Investors, LLC (Instrument # 120005370); thence leaving the said property of Gloria M. Edwards and with the line of the aforesaid 3 property of Roanoke IL Investors, LLC the following four(4) courses; N 38° 31' 22" W for a distance of 50.45 feet to an existing iron pin; thence$44°05'23"W for a distance of 199.10 feet to a point; thence S 63°46' 17" W for a distance of 372.94 feet to a point;thence 5 23°35' 16"W for a distance of 354.15 feet to a point on the northerly right-of-way of the aforesaid Pheasant Ridge Road,SW(private 40'right- of-way); thence leaving the said property of Roanoke IL Investors, LLC and with the northerly right-of- way line of the aforesaid Pheasant Ridge Road, SW (private 40' right-of-way) the following seven (7) courses; N 27° 24'40"W for a distance of 57.33 feet to a point; thence with a curve to the left having a delta angle of 24°44' 04", a radius of 230.00 feet, a chord bearing and distance of N 39° 46' 42" W, 98.52 feet to a point;thence N 52°08'44"W for a distance of 68.27 feet to a point;thence with a curve to the right having a delta angle of 34°29'37",a radius of 105.00 feet,a chord bearing and distance of N 34° 53' 56" W, 62.26 feet to a point; thence N 17° 39' 07" W for a distance of 31.00 feet to a point; thence with a curve to the left having a delta angle of 91° 34' 57", a radius of 130.00 feet, a chord bearing and distance of N 63°26'35"W, 186.37 feet to a point;thence 5 70°45'56"W for a distance of 8.37 feet to an existing iron pin,the POINT OF BEGINNING,containing 11.3763 acres. 4 Narrative Description of Proposed Use and Development The purpose of the requested amendment Is to permit the Applicant to construct senior housing multifamily buildings of a memory care and an assisted living on those certain tracts of real property designated as tax parcel numbers 5460124, 5470301, 5470302, 5470303, 5470304, 5470305, 5470306, 5470307,540308, containing, In the aggregate,approximately 11.38 acres(collectively,the "Property"). it is anticipated that there will be a fifty six(56) unit memory care building and an eighty five (85) unit assisted living building all as shown on the Development Plan attached hereto. The exterior recreational amenities will include internal walkways that tie into the existing walkways on adjacent parcels. All Infrastructure will be planned and constructed as required by the applicable City, state and federal laws and regulations. In addition to applicable code requirements,the site development standards for building placement, parking locations, pedestrian paths, impervious areas and architectural elements will be governed by the development standards shown on the Development Plan. To the extent the proposed development impacts trees or landscaping on any adjacent parcels,the Applicant shall return any impacted areas to substantially the same condition that existed prior to any development. Justification for Change The Property was rezoned to MXPUD, Mixed Use Planned Unit Development, in August of 2006 to permit the construction of upscale condominiums. The 2006 Development Plan included six (6) buildings containing one hundred and sixty (160) condominiums with a portion of the parking serving the development to be located beneath the buildings. In 2007, the approved MXPUD was amended to permit a variable width buffer behind the proposed retaining wall to accommodate a storm water conveyance channel. In 2013 the Development Plan was amended to include 6 multifamily building and a clubhouse with surface parking to serve the buildings. Both memory care and an assisted living facility will meet an ever-increasing need in the community to provide safe, affordable housing to our aging population. The proposed use will complement the existing senior housing Pheasant Ridge Community. As Pheasant Ridge residents continue to age, the new memory care and assisted living facilities will help to meet the continuum of care necessary to provide seniors the ability to stay within the same community that they have become accustomed to. Based on the foregoing,Applicant requests the modification to the existing zoning ordinances to enable new apartments to be constructed on the Property in accordance with this Application, Impact to Surrounding Neighborhood The amendment request will not significantly impact the surrounding areas from the current zoning. 5 Based on this requested change in use,there would be a moderate decrease in traffic flow in and out of the community as it is unlikely that residents of the memory care and assisted living facilities will have access to or regularly use personal vehicles for travel. However, as noted in 2006, a portion of the Property was previously zoned for office use and the change to condominiums had previously lessened the traffic impact. In 2013,the property was zoned for multifamily use.That remains the case under the proposed amendment. In addition,there remains no connection with Griffin Road or Van Winkle Road. The location of the buildings and the decreased surface parking reflected on the Development Plan will create minor visual changes and the Applicant has to revise the Development Plan to reduce the impact. Specifically, the Applicant has significantly reduced the overall number of parking spaces as well as reduced the size of the retaining walls viewed from Griffin Road and the landscaping along the retaining wall remains. Additionally, because the proposed use is for senior housing and care facilities,there will be no net gain in terms of students entering local schools. Availability of other similarly zoned properties in the area The availability of similarly zoned properties in the general area is virtually nonexistent. There have been no new senior housing communities in the City for many years, and the proposed new memory care and assisted living facilities will help to meet the growing need of the senior population in our community. Relationship to the City's Comprehensive Plan and the Southern Hills Neighborhood Plan The requested changes to the existing ordinances are generally consistent with the Vision 2001-2012 Comprehensive Plan and the Southern Hills Neighborhood Plan based on the following: 1. The proposed land use Is consistent with the future land use plan identified in the Comprehensive Plan and will contribute to Roanoke's overall housing mix by providing senior housing. 2. The Development Plan shows a connectivity with the Pheasant Ridge Community through a walking trail and complimentary exterior elevations. 3. The requested amendment supports the continued mixed density of the overall development of Pheasant Ridge. 4. The proposed plan has sidewalks with landscaping provided between curb and sidewalk, and the walking trails connect the development to adjacent parcels. S. Although there is no connectivity to Griffin Road and Van Winkle Road,these rural roads are narrow with no sidewalks or areas for pedestrians to safely traverse and cannot handle any 6 additional capacity. The benefit of having a connection is negated by the addition of traffic on streets that cannot safely support the added traffic. 6. The Applicant has modified Its plan to the extent reasonably possible to limit the construction on steep slopes and will design the development to ensure adequate erosion control and stormwater management measures. 7 Exhibits Development Plan See Exhibit A-1 attached 8 ,.nw, na, y.,,. w oa ��ss.i.vohnIsNsI9e 111vA iINsOhNVm OH d1 N .�R ,. ..r SH IHY Id S110A AOS-SH'IRA1%11 .`. , . .i w i ' ‘ �"p 1 1�a 19, 1° it!i ��ii 31 llohlttppp '1 i'° li� G: I i- -'A .I itiit8itt a hp 6 9 o °�+ l p: i+9 7Y It llief' +t1iai idly. g wW o ,k r lump pi dd 1, t Iii E t ill pp: nip Y;ij t 8 I" � a �G '1, I . llllllllll " milli AN +i °6 ri eiti a let it Y, ,i 7,11101';iv `°� , k -7,4,X2 y� l ti its it Nil ill 1 !1I ii i I , 11�t Y�x 14x07 °,I `w F.ai'IY .I. i 1!!l+Uli M ga+t ° + hi 11J" IOmh ys raa 1'0111 11 a 71t ;ilia a 1v 77Sx4 ti•p1711 ; �I� ] f; ij O uq�i 415 i t i iel 111 l t ,{66 t�, t'Y°, °'{�1 1 W ug E M , 1 l_l tt°tt li t� . � til t ! to�elar���{li'1g• {9� � ilgi I; 1 ` 1111 11 I1 I dit� i lilic, titiel i ° ao r W • f t a1 , ' t-ii-. 3 . - ._!..‘ ,\ . l 'k\,\' '* Ii '. " ,a N it It ii• , , D c A ..,, ,, , 3 lili` ' 1 ',i g Ht, !iffi iii;li 1 t°y!�' � ' ;lIl iiII�I d ! 7 . t ! Wit a !hi;. li jr ,�a; a !� 1" i tLiiIii i, I e ellir 11011 it ' 1 its. ` L m y L m , �` A f si'Z el k Z M 3c / i2 ID o \ 1+ .i• 6 A m =--- 42 0 4 g3,, '':8.r" Stormwater Conveyance Channel See Exhibit A-2 attached 9 , HATE- - '3-- This EXPNENT IS FOR tuusmAm£Proms ONLY. THE FINAL LOCATION AND SPECIES a PLANT MATERIALS �- NIL BE ESTABU9IED 1117N THE SITE DEYELOPMLNT - PLAN$ ANO ARE SUBJECT TO THE RMEw AND - APPROVAL OF ROANOKE dry STAFF. . ® <i ' 1 SECTION LOCATION LARGE DECIDUOUS TREES INCLUDING BUT NOT LIMITED TO, RED MAPLE; MEMORY SUGAR MAPLE BLACK &U( MILLOW .„ OAK, AND RIYER Mdv. PLANTING '-� BUFFER— CARE `� �J,/� FACTUIY SHALL BE IN A RANDOM SEQUENCE Vii, 1 ���- �� -lam \ I • • - \ A 4 ��_ ts mat Ital. - I GRIFFIN ROAD 1 SC NPROYED DOSING TH CHNINEL - EXHIBIT "A-2" W MATING It CRASS LJNNG 4664 BRAWL kI()N AVENUE DATE: January 20,2015 - LUMSDEN ASSOCIATES, P.C. PO BOX 20669 T4 ENGINEERS-SURVEYORS-PLANNERS R PIIUNEE'5410)7174-4411TH SCALE. NO SCALE m ROANOKE, VIRGINIA FAX-1540) 4445 COMM. NO.: ° E-MAIL MAIL(g�LUMSDkNPC.CCM1 12-166 3 Elevations Memory Care See Exhibit BA attached 10 1 II a '' DIMENSIONAL HALT SHINGLE -- VINYL SIDING AND TRW ' ,•se Cis ■■.� I as Bar a :I— ;111. d� I aaaa_ il_ Ll`Jj` ii BRICK°R1- nECw.OR ENTRY DETAIL NATURAL MA80MRY SCALE 114'=1'-0- 2 Z _.. 4 FRONT ELEVATION(NW) SCALE:3137 PHEASANT RIDGE ME CARE CONCEPTUAL ELEVATIONS F:X}11B11 "B-I" January 20,2015 S J /P SIDE ELEVATION(SW) SCALE:3/32 • REAR ELEVATION(SE) • PHEASANT RIDGE MEMORY CARE ' SIDE ELEVATION(NE) CONCEPTUAL ELEVATIONS SCALE:3/32't SMITH/PA EXHIBIT"B-I" January 20,2015 CRETT u+wnwamareo s Elevations Assisted Living See Exhibit B-2 attached 11 6 MENS ONA.ASPHALT Sa NG.E -- VINYL SIG NG AND TRIM III It I� -�" ' I MI..y 1 . • ,•. a ,. 1•• BRICK Mi.FACE U.GR ENTRY DETAIL i NATURAL MASONRY SCALE'3116'-i'-0' 47:4-1" , a..j�, ..r0. .. .,l..o- ..-J.c_• .pia: .,o- .F e, ti x so. e' b.,aR: .,mac �1 f. , /��1 .e. , FRONT ELEVATION(NW) PHEASANT RIDGE ASSISTED LIVING SCALE:3132-=1-0' CONCEPTUAL ELEVATIONS V \1101A ARD LAING ARLBIIk' 1' EXHIBJ'1 "132" January 20.2015 .Biala /PACRETT Previously Adopted Ordinance See Exhibit C Attached 12 IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 18th day of March, 2013. No. 39610-031813. 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 Mixed Use Planned Unit Development Plan,as it pertains to 4414 Pheasant Ridge Road, S.W., bearing Official Tax No. 5460124; 4345 Griffin Road, S.W., bearing Official Tax No. 5470302;and four unaddressed lots on Griffin Road,bearing Official Tax Nos. 5470301,5470303, 5470304, 5470305; and three unaddressed lots on Van Winkle Road, bearing Official Tax Nos. 5470306,5470307 and 5470308;and dispensing with the second reading by title of this ordinance. WHEREAS,Pheasant Ridge Apartments,LLC,has made application to the Council of the City of Roanoke, Virginia("City Council"),to amend the Mixed Use Planned Unit Development Plan, to permit construction of six buildings housing 210 apartment units instead of 160 condominium units, a stand-alone clubhouse, and a pool, with a changed site configuration and amenities than previously permitted by the Mixed Use Planned Unit Development Plan,Ordinance No.37789-052107,adopted by City Council on May 21,2007,as they pertain to the parcels bearing Official Tax Nos. 5460124, 5470301,5470302, 5470303, 5470304,5470305,5470306,5470307, and 5470308; 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 at its meeting on March 12,2013,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 18,2013, after due and timely notice thereof as required by§36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the amendment of the Mixed Use Planned Unit Development Plan,for the properties described as Official Tax Nos.5460124, 5470301, 5470302, 5470303, 5470304, 5470305, 5470306,5470307,and 5470308; and WHEREAS,this Council,after considering the aforesaid application,the recommendation made to the Council by the Planning Commission,the City's Comprehensive Plan,and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice,requires the amendment of the Mixed Use Planned Unit Development Plan,as they pertain to the parcel bearing Official Tax Nos, 5460124, 5470301, 5470302, 5470303, 5470304,5470305,5470306, 5470307,and 5470308, 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 Mixed Use Planned Unit Development Plan, as it pertains to the parcels bearing Official Tax Nos. 5460124, 5470301, 5470302, 5470303, 5470304, 5470305, 5470306, 5470307, and 5470308, as set forth in the Amended Application No. 2,dated February 27,2013. 2. Pursuant to the provisions of Section 12 of the City Charter,the second reading of this ordinance by title is hereby dispensed with. ATTEST: tiliFL(/ Th*irYth-J City Clerk. ZONING DISTRICT MAP sp p,, OS ugd; 4414 Pheasant Ridge Road SW; s °°1 °°o ‘,S sp °s° °N 5410105 0, 4345, 0, 0, 0 Griffin Rd. SW; p°° °s s'l' S 8g ' a1°6 N and 0, 0, 0 Van Winkle Rd. SW °°, -*,$� $° 76, 910..°° 6 JOPLIN Ro ,o c ` 5470516 5610�p1 Official Tax Parcels: 5460124, o'� o 0. LO 5470301, 5470302, 5470303, ��o Ros °p Q°s RipS°� o 5470517 541°lpa 5470304, 5470305, 5470306, °op °s 6 o 5470518 p1pg 5470307, 5470308 °T s sp ^ 5a 1 T RA (�) x - 'a O °s ,v It ! 5470519 ��i Area to be Rezoned 1 `ro °'d+ BRISTOL RD 54,10110 -- I ,. x. ,5480401•-. op ', rn 0111 Conditional Zoning h Zoning a� py 5470404 5470407 589 �" ��/ ' ^ph 12 RA (Residential-Agriculture) ri..� CAI' 6b p408 549°� R-12 (Res.Single-Family) b'° 9- ��"�w R-7 (Res.Single-Family) 6 °�O S <... rre -T03p6si.4 p�^"5 R-5 (Res. Single-Family) �O p . GRIFFIN RD ��i. _ 1 " , R, O I ( . "-A\-4 i 0.1 ( 1 Q G Vi. Aix,n i O O , 6 5450101• R-3 (Res. Single-Family) 6 6a(pL °O .i a t 1'w` e�� - ' , o •.A0• f1,° 4 . t A I (,6b m RM-1 (Res.Mixed Density) O MXPUD c - RM-2 (Res. Mixed Density) 6 cii O't eat t . ( 1 •�•_ �, :.�'::.-•.--- � �0' i 5450102 RMF (Res. Multi-Family) ' _ �L CN (Commercial-Neigh) { • ' 1R 10 ,-- • b0.\-0;"- y�l� 5p50 3 CG (Commercial-General) , D•}.gory 6ts",> CLS (Commercial-Large Site) NEptiANT 4�NS•�0f? mow- MX �) �O P G[ RD y :> ?SP I-1 (Light Industriaq R10 6s 1-2 (Heavy Industrial) ��, T RID 60123 D (Downtown) Tp,23 MX (c) , a� QOARS I 4VTl OF .. MX (Mixed Use) �O ` • - IN (Institutional) 0O _o ROS (Rec&Open Space) o LO AD (Airport Dev) `. 6 MXPUD (Mixed Use Planned Unit Dev) �Tp121 ', 4^ 60,'50 MX (c) MX (c) MX (c) ' ti0) INPUD (Institutional Planned Unit Dev) O� • �ro ® IPUD (Industrial Planned Unit Dev) • N 5460164 se OF (Urban Flex) F N c 5460101 .mx 5460105 0 200 400 Feet W_ r E o • . I I I I I S ,v • 5460•1, i 1 ra`b� 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 EPHANIE M.MOON REYNOLDS,MMC' E-mail: clerk(n:roanokeva•gov JONATHAN G.CRAFT,CMC' City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk March 24, 2015 Mark E. Feldmann, Esquire Glenn Feldman Darby and Goodlatte 37 Campbell Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Feldmann: I am enclosing copy of Ordinance No. 40191-031615 classifying and designating Countryside Sportsplex, Inc., as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempting from real estate taxation certain real estate, identified as Official Tax Map No. 6472303, commonly known as 2002 Highland Farm Road, N. W., which Property is used exclusively for charitable or benevolent purposes on a non-profit basis; and continuance of this exemption shall be contingent on the continued use of the Property in accordance with the purposes which Countryside Sportsplex, Inc., has designated in such Ordinance. Furthermore, in consideration of Council's adoption of Ordinance No. 40191-31615, Countryside Sportsplex, Inc., agrees to pay to the City of Roanoke real estate tax levy, on or before October 5 of each year a service charge in an amount equal to twenty percent of the City of Roanoke's real estate tax levy. The tax exemption granted Countryside Sportsplex, Inc., pursuant to this ordinance shall be further conditioned upon the following: (a) Countryside Sportsplex, Inc., acknowledges and agrees that it will immediately notify the City of Roanoke Commissioner of Revenue in writing when any portion of the Property that is being exempted from taxation pursuant to this ordinance is being leased to a third party and to provide the City a copy of such lease, and (b) Countryside Sportsplex, Inc., agrees to include a provision in all leases of the Property to third parties that such third parties are responsible for paying the City applicable leasehold taxes assessed by the City. Countryside Sportsplex, Inc., acknowledges that if the foregoing conditions are not met, the City reserves the right to terminate the tax exempt status of the Property. • Mark E. Feldmann March 24, 2015 Page 2 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015, and shall be in full force and effect on July 1, 2015, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. Sincerely, " n Stephanie M. Moon ReynoYds, MMC City Clerk Enclosure pc: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn W. Powers, City Treasurer Amelia C. Merchant, Director, Management and Budget Susan S. Lower, Director, Real Estate Valuation :I .iii CITY OF ROANOKE air ' OFFICE OF THE CITY CLERK 215 Church Avenue,S. W.,Suite 456 Roanoke,Virginia 24011-1536 .. cicphonc: (5411)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC' E-mail: clerknerunnokevn.gav JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WIi13I3,CMC Assistant City Clerk April 28, 2015 The Honorable Sherman A. Holland The Honorable Evelyn W. Powers Commissioner of the Revenue City Treasurer Roanoke, Virginia Roanoke, Virginia Dear Mr. Holland and Ms. Powers: I am forwarding an attested copy of Ordinance No. 40191-031615, which has been properly executed by Countryside Sportsplex, Inc., for purposes of assessment and collection of the service charge established by this Ordinance. Sincerely, 1±4,74.,;„4... ' rr t, Stephanie M. Moan Reyn Ids, MMC City Clerk Enclosure pc: Clay L. Dawson, President, Countryside Sportsplex, Inc., 1529 Williamson Road, N. E., Roanoke, Virginia 24012 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Susan Lower, Director, Real Estate Valuation Amelia C. Merchant, Director, Management and Budget IN TIIE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 2015. No. 40191-031615. AN ORDINANCE exempting from real estate property taxation certain property located at 2002 Highland Farm Road, N.W., Roanoke, Virginia, and depicted as Official Tax Map No. 6472303, owned by Countryside Sportsplex, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date; and dispensing with the second reading of this ordinance by title. WHEREAS, Countryside Sportsplex, Inc., (hereinafter "the Applicant"), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens and other interested persons had an opportunity to be heard with respect to the Applicant's petition was held by Council on March 16, 2015; WHEREAS, the provisions of subsection B of Section 58.1-3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any buildings and improvements located thereon, identified as Official Tax Map No. 6472303, commonly known as 2002 Highland Farm Road, N.W., Roanoke, Virginia, (the "Property"), and owned by the Applicant, and providing that the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) K:\Measures\tax exempt Countryside Sportsplex real property 3 154.doc of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. TI IEREFORE, RE IT ORDAINED by the Council of the City of Roanoke as follows: . Council classifies and designates Corn tryside Sportsplex, Inc., as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, identified as Official Tax Map No. 6472303, commonly known as 2002 Highland Farm Road, N.W.,, Roanoke, Virginia, and owned by the Applicant, which Property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the Property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke real estate tax levy, on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy. 3. This Ordinance shall be in full force and effect on July 1, 2015, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Clay L. Dawson, President, and the authorized agent of Countryside Sportsplex, Inc. KAMeasuresltax exempt Countryside Sportsplex real property 3 54.doc 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A 1TEST: City Cleric. ACCEPTED, AGREED TO AND EXECUTED by Countryside Sportsplex, Inc., this day of PLC _ , 201S. COUNTRYSIDE SPORTSPLEX, INC. By I ' L. r'`•-)Qwc.s--OY---. ( � t .sue.-_ '-P 2es;da„l� Printed Name and Title K:\Measures\tax exempt Countryside Sportsplex real property 3 154.doc .ue : CITY COUNCIL AGENDA REPORT e4z,tt Are To: Honorable Mayor and Members of City Council Meeting: March 16, 2015 Subject: Tax Exemption Request - Countryside Sportsplex, Inc. Background: Countryside Sportsplex, Inc. is a Virginia, non-stock, not-for profit corporation which owns certain real property located at 2002 Highland Farm Road, N.W., Roanoke and depicted as Official Tax Map number 6472303. The organization desires the property be designated as exempt from real estate taxes pursuant to the provisions of the Code of Virginia. It was incorporated in April 2014 for the primary purpose of acquiring and developing the above property to provide facilities to inspire youth and adults to strengthen their health and well-being through recreation, wellness activities, and business academic enrichment. At present, annual real estate taxes on the parcel are $931 on a total assessed value of $170,000. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by Resolution 36331 -051 903, with an effective date of January 1 , 2003. Based on this policy and procedure, Countryside Sportsplex, Inc. has provided the necessary information required for applications for exemptions that would take effect July 1 , 2015. As noted above, the assessed value of the real property at 2002 Highland Farm Road is currently $170,000 with annual real estate taxes due of $931 . The organization is current on its taxes. In lieu of the $931 in real estate taxes, the organization would agree to pay to the City an annual service charge equal to twenty percent of the tax levy on the parcel for as long as the exemption continues. In this case, based on the current assessed value, the service charge amount would be $186. Consequently, the City would be foregoing $745 in annual real estate revenue. Additionally, the organization agrees that it will immediately notify the Commissioner of the Revenue and the Treasurer if any portion of the property is leased to a third party and will provide the City with a copy of the executed lease. The organization agrees to include a provision in the lease that the third party will be responsible for paying the City applicable leasehold taxes. The proposed ordinance reserves the right of City Council to review and/or revoke the exemption if the applicant fails to comply with these requirements. Commissioner of the Revenue, Sherman Holland, has determined that the organization is not exempt from paying taxes by classification or designation under the Code of Virginia. The IRS recognizes the organization as a 501 (c)(3) tax-exempt organization. Notification of a public hearing to be held March 16, 201 5, was duly advertised in the Roanoke Times. Recommended Action: Adopt an ordinance to authorize Countryside Sportsplex, Inc. exemption from real property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective July 1 , 2015. /c/kV' istopher P. Morrill City Manager Distribution: Council Appointed Officers Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Management and Budget Susan S. Lower, Director of Real Estate Valuation Mark E. Feldmann, Esquire, Glenn Feldman Darby & Goodlatte, 37 Campbell Avenue, S.W., Roanoke, VA 24011 2 DEPARTMENT OF MANAGEMENT & BUDGET Noel C. Taylor Municipal Building aA 215 Church Avenue, SW, Room 354 Roanoke, Virginia 24011 ROANOKE 540.853.6800 fax: 540.853.2/73 March 4, 2015 Mr. Mark E. Feldmann, Esquire Glenn Feldmann Darby & Goodlatte 37 Campbell Avenue, S.W. Roanoke, VA 24011 Dear Mr. Feldmann, Countryside Sportsplex, Inc. filed a petition in the City Clerk's Office on February 12, 2015 requesting exemption from taxation on real property located at 2002 Highland Farm Road, N.W. The real property is identified as tax map number 6472303. Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing if it wishes to consider a petition for a tax exemption. At a regular session of the Roanoke City Council held on Monday, March 2, 2015, the Council approved a request of the City Manager to hold a public hearing on Monday, March 16, 201 5, at 7:00 p.m., or as soon thereafter as the matter may be heard, to receive citizen comments on the request. Notices of a public hearing with regard to the matter will be published in the Roanoke Times. Your organization will be billed for the amount incurred for publishing the notices. I am forwarding you an initial draft copy of a Council Report dated March 16, 201 5, from the City Manager's Office addressed to the Mayor and Members of City Council regarding the petition. Although we are recommending authorization for exemption from real estate taxation on the property, please be advised that the final decision with regard to the exemption rests with City Council. Council will also consider citizen comments from the public hearing. It is suggested that either you and/or Clay Dawson be present at the public hearing on March 16th to respond to questions that may be raised regarding the petition. The session will be held in the City Council Chamber, Room 450, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W. You or your client should register with City Clerk staff at the desk outside Council Chamber immediately prior to the public hearing. Within the Council Report, I would like to draw your attention to the third paragraph under the "Considerations" section. This section deals with leases and leasehold taxes should the organization lease any portion of the property to a third party. This will also be outlined in the proposed ordinance as well. I am enclosing a copy of the current draft of the proposed ordinance. This is a new provision that we are now adding for tax exemption requests. Our City Attorney, Dan Callaghan, plans to discuss this section with you prior to the March 16`h public hearing. If you have any questions regarding this information, please feel free to call me at 540-853-1643 or email me at rb.lawhorn @roanokeva.gov. Sincerely, ieeCIX/04AL131 R. B. Lawhorn, Jr. Budget/Management Analyst Department of Management and Budget Enclosures c: /Stephanie M. Moon Reynolds, City Clerk Daniel J. Callaghan, City Attorney STATEMENT OF CONFLICT OF INTEREST I, Anita J. Price, state that I have a personal interest in agenda item B.4 in the evening session of City Council on March 16, 2015, regarding the request of Countryside Sportsplex, Inc. for a tax exemption of real property located at 2002 Highland Farm Road, N.W., bearing Official Tax Map. No 6472303 because my husband, Charles Price, is involved with the applicant. Therefore, pursuant to Virginia Code Section 2.2-3112, I must refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness my signature made this 16th day of March, 2015. 4A, (Seal) Anita J. Price The Roailakainteis • Account Number Roanoke,Virginia 6028502 Affidavit of Publication Date COUNTRYSIDE SPORTSPLEX,INC. March 09,2015 4TH FLOOR,NOEL C.TAYLOR MUNICIPAL BUILDING 215 CHURCH AVE.SW,ROOM 456 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 03/15/2015 Legal Notices NOTICE OF PUBLIC HEARING Notice is hereby given that thr 1 x 51 L 302.56 Publisher of the NOTICE OF PUBLIC HEARING Roanoke Times Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on March 16, 2015, I,(the undersigned)an authorized representative of the at commencing after as the matp.m., yrbe heard, Roanoke Times,a daily newspaper published in Roanoke, in the in the Council Chamber,4th Floor, Noel C. Taylor Mun Municipal Building, 215 State of Virginia,do certify that the annexed notice NOTICE OF Church Avenue, S.W., Roanoke. Virginia,on the question of adoption of PUBLIC HEARING was published in said newspapers on the an ordinance pursuant to '58.1-3651, Code of Virginia (1950), as amended, following dates: approving the request of Countryside Sportsplex, Inc., for designation of its real property as exempt from taxation. The assessed value of the applicant's real property located at 2002 Highland Farm Road, N.W., Roanoke, Virginia, 03/09/2015 and known as Official Tax Map No. 6472303, is currently $170,000 and real estate taxes of $931.14 were paid in the most recent year. The loss of revenue will be$745.00 annually after a 20% service charge is levied in lieu of real estate taxes. citizens and other interested persons The First insertion being given ... 03/09/2015 shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability Newspaper reference: 0000141505 who needs accommodations for this public hearing, contact the City Clerk=s Office,(540)853-2541,by 12:00 noon on Thursday.March 12,2015. GIVEN under my hand this 5th day of 61 �r (�i �/-+��Lu March.2015. 11.- Bil 6-kb Representative, Stephanie M.Moon Reynolds, City Clerk (141505) Sworn to and subscribed before me this Monday,March 9,2015 Notttaru[Tu IC Vlsttt:arrr. cENy\ State of Virginia P1 .. .. •City/County of Roanoke r!OTAHY 3), 2015 s ��:332 My Commission expires REG a3s2as4 GO?.1'•91SSIOIV C) . EXP RE THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU dOZC NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on March 16, 2015, commencing at 7:00 p.m.,or as soon thereafter as the matter may be heard,in the Council Chamber, 41h Floor,Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.,Roanoke,Virginia,on the question of adoption of an ordinance pursuant to §58.1-3651, Code of Virginia (1950), as amended, approving the request of Countryside Sportsplex, Inc., for designation of its real property as exempt from taxation. The assessed value of the applicant's real property located at 2002 Highland Farm Road, N.W., Roanoke, Virginia, and known as Official Tax Map No. 6472303, is currently$170,000 and real estate taxes of$931.14 were paid in the most recent year. The loss of revenue will be $745.00 annually after a 20% service charge is levied in lieu of real estate taxes. Citizens and other interested persons shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, (540) 853-2541, by 12:00 noon on Thursday, March 12, 2015. GIVEN under my hand thisf Thday of March, 2015. Stephanie M. Moon Reynolds, City Clerk K MEASURES AX EXEMPT PI I NOTICE COUNTRYSIDE SPORTSPI EX RP 3 I S.DOT Note to Publisher: Please publish once in the Roanoke Times, Legal Notices, on Monday, March 9, 2015. Please send bill to: Please send affidavit of publication to: Mr. Clay L. Dawson, President Stephanie M. Moon Reynolds, City Clerk Countryside Sportsplex, Inc. 4th Floor, Noel C. Taylor Municipal Building 1529 Williamson Road, N.E., 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24012 Roanoke, Virginia, 24011 (540) 819-2597 (540) 853-2541 .; 0, 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 SlEPIIANIE M.MOON REYNOLDS,MMC E-mail: clerk@ roauokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk February 12, 2015 Christopher P. Morrill City Manager Roanoke, Virginia Dear Mr. Morrill: I am attaching copy of a petition, which was filed in the City Clerk's Office on February 12, 2015, by Countryside Sportsplex, Inc., a Virginia non-stock, not-for-profit, Virginia corporation, requesting exemption from taxation of real property located at 2002 Highland Farm Road, N. W., pursuant to Section 58.1-3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Manager by April 15th for evaluation and recommendation to City Council will have an effective date of July 1st. Petitions forwarded by October 15th will have an effective date of January 1st. Sincerely, � ly; Stephanie M. Moon Reynolds, MC City Clerk Attachment pc: Mark E. Feldmann, Esquire, Glenn Feldmann Darby & Goodlatte, 37 Campbell Avenue, S.W., Roanoke, Virginia 24011 The Honorable Sherman A. Holland, Commissioner of the Revenue Daniel J. Callaghan, City Attorney Susan S. Lower, Director, Real Estate Valuation R. B. Lawhorn, Budget Management Analyst, Office of Management and Budget • VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1. Your Petitioner, Countryside Sportsplex, Inc., 1529 Williamson Road, Roanoke, Virginia 24012, is a non-stock, non-profit, Virginia corporation exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. Petitioner was incorporated in April 2014 by its voting members Northwest Recreation Club, Inc., and Wilmont Recreation Club for the primary purpose of acquiring property along Highland Farm Road in the City of Roanoke, Virginia, and renovating improvements on said property to provide facilities to inspire youth and adults to strengthen their health and well-being through recreation, wellness activities and business- academic enrichment. 2. Your Petitioner owns certain real property, located at 2002 Highland Farm Road, N.W., in the City of Roanoke, Virginia (the "property"), which property is City of Roanoke Tax Map ID #6472303, with a total assessed value of$170,000 and a total of$931.14 in real property taxes assessed and payable in 2014, and desires to be an organization designated pursuant to the provisions of § 58.1-3651, of the Code of Virginia, as amended, in order that the referenced property, to be used exclusively for charitable and benevolent purposes in providing facilities to inspire youth and adults to strengthen their health and well-being through recreation, wellness activities, and business-academic enrichment, be exempt from taxation under the provisions of Article X, Section 6(a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. A copy of the Deed dated July 30, 2014, conveying the property from the City of Roanoke, Virginia, to Petitioner is attached as Exhibit A. 3. Your Petitioner agrees to pay to the City of Roanoke an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this tax exemption continues. A copy of the most recent real estate tax bill received by Petitioner is attached as Exhibit B. 4. Your Petitioner is not located within a service district of the City of Roanoke. 5. The Commissioner of Revenue has determined that your Petitioner is not already eligible for tax exempt status by classification or designation. Copies of Petitioner's written request and the determination of the Commissioner are attached to this Petition as Exhibits C and D. 6. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: 1. (Q) Whether the organization is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954. (A) Your Petitioner was granted an exemption from income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954 effective April 21, 2014. A copy of a letter from the IRS to Petitioner dated August 19, 2014, advising of such exemption is attached as Exhibit E. 2. (Q) Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for such use on such property. 2 (A) A current annual alcoholic beverage license for serving alcoholic beverages has not been issued by the Virginia Alcoholic Beverage Control Board to your Petitioner for use on such property. 3. (Q) Whether any director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A) No director, officer, or employee of your Petitioner has been paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders. 4. (Q) Whether any part of the net earnings of such organization inures to the benefit of any individual and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services. (A) No part of the net earnings of your Petitioner shall inure to the benefit of any individual, and no significant portion of the service provided by your Petitioner is expected to be generated by funds received from local, state, or federal grants. Petitioner has received donations in the form of personal services since its founding and does intend to solicit additional donations to support the services to be provided by Petitioner. 5. (Q) Whether the organization provides services for the common good of the public. (A) Your Petitioner intends to provide services for the common good of the public. Your Petitioner is a non-stock, non-profit Virginia corporation formed in April 2014 by Northwest Recreation Club, Inc., and Wilmont Recreation Club, both tax exempt entities under § 501(c) of the Internal Revenue Code, for the purposes as set forth in paragraph 1 above. Your Petitioner believes that healthy individuals are the foundation of a healthy community; the pursuit of health and wellness is a community endeavor; and that Petitioner's services in providing a wide range of team sports, fitness/wellness classes, strength training and academic enrichment will enhance the physical, cognitive and social-emotional development of youth and adults in the community. 6. (Q) Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting, to influence 3 legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A) No substantial part of the activities of your Petitioner involves carrying on propaganda, or otherwise attempting to influence legislation. Your Petitioner does not participate in, or intervene in, any political campaign on behalf of any candidate for public office. 7. (Q) Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A) No rule, regulation, policy or practice of your Petitioner shall discriminate on the basis of religious conviction, race, color, sex or national origin. 8. (Q) Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A) No significant impact is anticipated as a result of the exemption. 9. (Q) Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such resolution. (A) Your Petitioner has addressed all issues required to be addressed by it and agrees to address any other criteria, facts, and circumstances that City Council deems pertinent to the adoption of an ordinance exempting Petitioner's real property from taxation. THEREFORE, your Petitioner, Countryside Sportsplex, Inc., respectfully requests the Council of the City of Roanoke that the real property of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing facilities for use by youth and adults to strength their overall health and well-being through recreation, wellness activities and business/academic enrichment. 4 Respectfully submitted this J—day of rEJ(23.)1 , 2015. COUNTRYSIDE SPORTSPLEX, INC. By: L c �lis� Cla L. Dawson Its: President 5 Prepared by: David L. Collins C) Assistant City Attorney Re -urn +e• VSB #42673 f Office of the City Attorney Ldw Orrice- G.A. mcLetn,Tr• Noel C. Taylor Municipal Building 30z L.Jcs lin +"n /}/v.1 -e 543 215 Church Avenue, S.W. , Room 464 Dp �lrr Roanoke, VA 24011 „°nrQke• vA at 0I& Ungar Wi i'l'k'- by Pi 1¢3i4r' I1c4iona.) T}10 Tncu(-"+nce Cone Exemption claimed: Grantor and Grantee are exempted from recordation taxes and fees pursuant to §58.1-81IC (4) and §58.1-811A(3), Code of Virginia. Roanoke Official Tax Map No. 6472303 Property Owner: City of Roanoke,Virginia Consideration: $10.00 Assessed Value: not assessed THIS DEED, is entered into this 30' day of J`- , 2014, by the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia ("Grantor") and COUNTRYSIDE SPORTSPLEX, INC., a Virginia non-stock corporation ("Grantee"), RECITALS: WHEREAS, Grantor is the owner of certain property located in the City of Roanoke, Virginia, designated as Roanoke Official Tax Map No. 6472303, known as Tract A, and containing approximately 3.5890 acres, including the improvements located thereon ("Property"); WHEREAS, the Property was originally a portion of Roanoke Official Tax Map No. 6472302, prior to being subdivided into Tract A, leaving the remainder of Roanoke Official Tax Map No. 6472302 containing approximately 115.1865 acres, pursuant to a subdivision plat dated June 12, 2014, described below; 1 EXHIBIT A WHEREAS, the Grantor and the Northwest Recreation Club, Inc., entered into a "Contract for Purchase and Sale of Real Property" dated February 28, 2014 ("Sales Agreement"), whereby the Northwest Recreation Club, Inc., agreed to purchase the Property, to use to rehabilitate and restore the Property for recreational purposes; WHEREAS, pursuant to an assignment agreement dated June 27, 2014 ("Assignment Agreement"), the Northwest Recreation Club, Inc., assigned its right to purchase the Property to the Grantee, the Grantor having consented to such assignment; WHEREAS, Grantee desires to purchase the Property, and Grantor desires to convey the Property to Grantee, in accordance with the terms and conditions contained in the Sales Agreement and the Assignment Agreement; and WHEREAS, at a public hearing held on February 18, 2014, Roanoke City Council authorized the sale and conveyance of the Property pursuant to Ordinance No. 39868-021814. NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of TEN and NO/DOLLARS ($10.00), cash in hand paid by the Grantee to Grantor, receipt of which is hereby acknowledged, and other good and valuable consideration, and the above recitals which are incorporated herein, the Grantor does hereby GRANT AND CONVEY to Grantee, its successors, and assigns, the following described parcel of land in fee simple by Special Warranty of title, together with any and all improvements located thereupon, and being Roanoke Official Tax Map No. 6472303, located in the City of Roanoke, Virginia, to wit: 2 Tax Map No. 6472303 ALL THAT parcel of land containing 3.5890 acres, more or less, designated as "Tract A (156,340.4224 sq.ft.) 3.5890 acres" as more particularly shown on the plat entitled "Plat of Survey Showing "Tract A" (3.5890 acres) to be Subdivided out of "B2A1" T.P. 6472302 (118.7755 Acres) with the Remainder of "B2A1" T.P. 6472302 Being (115.1865 Acres) Situated Along Highland Farm Road N.W." dated June 12, 2014, prepared by LMW, P.C., on record in the Circuit Court Clerk's Office for the City of Roanoke, Virginia, as Instrument No. 140006271, which plat is incorporated by reference and made a part of this deed. Being a portion of the same property conveyed to the City of Roanoke, Virginia, from the Fairways Group, LP, by deed dated November 10, 2005, on record in the Clerk of Court's Office for the Circuit Court for the City of Roanoke, Virginia, as Instrument No. 050018538. This conveyance is subject to the terms, conditions, and obligations of the parties contained in the Sales Agreement, a copy of which is attached to this Deed as Exhibit A and incorporated herein, the exhibits to the Sales Agreement which are on file in the City Clerk's Office for the City of Roanoke, Virginia, and which are incorporated herein by reference, and the Assignment Agreement, a copy of which is attached hereto as Exhibit B and incorporated by reference. These terms and conditions include, and are not limited to, the use of an existing driveway by Grantee for ingress and egress to the Property, on adjacent property owned by Grantor, described as "Private Driveway" on the map attached as Exhibit C (which is part of Exhibit 2 to the Sales Agreement) which is incorporated herein. The terms, conditions and obligations of the parties contained in the Sales Agreement, the exhibits to the Sales Agreement, the Assignment Agreement, and the attached map showing the Private Driveway, shall survive the closing of this Deed, shall run with the land, and are expressly made binding on Grantee, and Grantee's successors and assigns in title. To have and to hold unto the Grantee, its successors and assigns forever. This conveyance is made expressly subject to all recorded conditions, reservations, easements and 3 restrictions affecting title to the property herein conveyed, including existing easements for public roads and highways,public utilities, railroads and pipelines, together with any matters that would be shown by a survey. WITNESS the following signatures and seals: GRANTOR: C Y Orr • OANOKE, VIRGINIA g (SEAL) Chrrtopher P. Morrill, City Manager COMMONWEALTH OF VIRGINIA: To-wit: CITY/ 44 OF ROANOKE: The foregoing instrument was acknowledged before me this 30`h day of July, 2014, by Christopher P. Morrill, the City Manager for the City of Roanoke, Virginia, for and on behalf of the City. My Commission expires: a2-I 281 11 /L•• 1/i0•.. Lite-lev;, `/4 Vat t NOTARY ' Notary Public PUBLIC , `* I REO.#7257834 s w' Registration No. 1251839 n MY COMMISSION I Q C EXPIRES s��e 4 Countryside Sportsplex, Inc., hereby accepts the Property conveyed by this Deed in its AS IS condition, upon the terms and conditions stated above. By: M V �--:Dose (SEAL) Printed Name: e L. ttScar, Title: 99 ces Id.z ry Date: oL1 3O, a0l1' COMMONWEALTH OF VIRGINIA: To-wit: CITY/COUNTY OF ROANOKE: The foregoing instrument was acknowledged before me this 3 0 day of July, 2014, by Clay L. 04w.on , the Pros cter 1 for Countryside Sportsplex, Inc., for and on behalf of such corporation. My Commission expires: 4-30- I S NOTARY•' PUBLIC m rn * , REG #227907 •* COMMISSION Notary Public MY .,, -W EAL iH 0``�,� Registration No. ) 7 987 Approved as to Form: 1O & Assistant City Attorney 5 EVELYN W POWERS,TREASURER drar City of Roanoke ROANOKE,ROANOKE,VA 24007 a Real Estate Tax Statement (540)853-2561 FAX(540)853-1019 www.roanokeva.gov ROANOKE Statement Date: 01/23/2015 Tax Year 2015 Property Address 2002 HIGHLAND FARM RD NW Tax Map No 6472303 Legal Description TRACT A ARROW WOOD Roanoke City Jan 1 Owner Current Owner(s) COUNTRYSIDE SPORTSPLEX INC Assessed Values Credits and Exemptions Land 48,600 Building 121,400 Charge Description Taxable Value Rate/5100 Tax Real Estate Tax 0 Total Current Year Tax 0.00 Stormwater Utility Fee` 270.00 Total Current Year Charges 270.00 Prior Year Delinquencies 0.00 Total Charges 270.00 AMOUNT DUE BY 04/06/2015 52,259.66 `For Stormwater Utility Fee Questions,Call the Stormwater Division(540)853-2676 or sormwater @roanokeva.gov Account Summary Bill Number Installment Due Date Tax Penalty Interest Fees Total Due 2015-01045502 First 10/06/2014 135.00 13.50 3.71 0.00 152.21 Second 04/06/2015 135.00 0.00 0.00 0.00 135.00 2015-01045848 First 11/20/2014 931.14 93.11 17.06 0.00 1,041.31 Second 04/06/2015 931.14 0.00 0.00 0.00 931.14 Grand Total 2,132.28 106.61 20.77 0.00 2,259.66 The property owner is responsible for ensuring full payment of this obligation. If funds are held in escrow to pay for these taxes,forward this statement along with your loan number to the mortgage holder. • Payments must be received or postmarked by the due date to avoid penalty and interest charges on current balance due and additional charges on delinquent balances due. • Payments received may be applied to the oldest outstanding bills first per§58.1-3913. • See back for additional information. TEAR AND RETURN BOTTOM PORTION WITH YOUR PAYMENT Tax Map Number Due Date Current Amount Due Delinquent Amount Due Total Due 6472303 04/06/2015 2,259.66 0.00 2,259.66 MAKE CHECKS PAYABLE TO:TREASURER,CITY OF ROANOKE Amount Enclosed Statement Date: 01/23/2015 ATTN:CLAY DAWSON MAKE ADDRESS COUNTRYSIDE SPORTSPLEX INC 1529 WILLIAMSON RD NE CHANGE HERE: ROANOKE VA 24012 — 64723030000002 EXHIBIT B . p.2 Countryside Sportsplex, Inc. 1529 Williamson Road, N.E. Roanoke,Virginia 24012 December 29, 2014 Mr. Sherman A.Holland Commissioner of the Revenue City of Roanoke 215 Church Avenue, S.W. Room 251 Roanoke, Virginia 24011 Re: Property Tax Exemption for Property located at 2002 Highland Farm Road,N.W. Tax Map No.: 6472303 Dear Mr. Holland: Countryside Sportsplex, Inc., a Virginia Non-Stock Corporation, ("Countryside") requests a determination of eligibility for tax-exempt status by classification or designation pursuant to Title 58.1,Chapter 36—Tax Exempt Property,of the Code of Virginia(1950),as amended. Countryside was incorporated for the purposes of promoting recreational activities for the development of young men and women in the Roanoke Valley and to acquire and renovate the above-referenced property to provide facilities for such recreational activities. Countryside has been granted tax-exempt status under IRC § 501(e)(3) and intends the use the referenced property exclusively for its charitable and benevolent purposes. Please contact me should you require any additional information. Very truly yours, C:____C____-)Dr .)ga,` Clay L.Dawson President c: Mark E. Feldmann,Esquire EXHIBIT C p.2 COMMISSIONER OF THE REVENUE CITY OF ROANOKE SHERMAN A.HOLLAND 1;?Ou Commissioner � c GREGORY S.EMERSON TJ f Chief Deputy E4 January 6, 2015 Mr. Clay L. Dawson, President Countryside Sportsplex,Inc. 1529 Williamson Road,NE Roanoke,VA 24012 Re: Exemption of property located at 2002 Highland Farm Road,NW Parcel No. 6472303 Dear Mr. Dawson, We received your letter requesting tax exemption from real estate taxes from the City of Roanoke on the above captioned property. The above parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2014-15 tax year. Based on the information submitted, this property is not eligible for exemption by classification or designation. However, you may contact the City Clerk's Office at (540) 853-2541 for information on applying for an exemption for non-profit organizations through City Council. Should you have any additional questions please do not hesitate to call. Sincerely, Sherman A. Holland Commissioner of the Revenue SAH(jec Cc: Stephanie Moon Reynolds, City Clerk R.B. Lawhorn,Dept. of Management and Budget EXHIBIT D 215 Church.Avenue SW.Room 251 * Roanoke,Virginia 24011 Phone (540)553-252] * Fax (540)553-1115 * u-.cw,rommkevm,gni- 02 INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. O. BOX 2508 CINCINNATI,, OH 452((0'1 9 2014 Employer Identification Number: Date: AUG ti 46-561.854 DLN: 17053195334004 COUNTRYSIDE SPORTSPLEX INC Contact Person: 1529 WILLIAMSON RD CUSTOMER SERVICE ID# 31954 ROANOKE, VA 2412 Contact Telephone Number: (877) 829-550D Accounting Period Ending: December 31 Public Charity Status: • 170 (b) (1) (A) (vi) Form 990 Required: Yes Effective Date of Exemption: April 21,2014 Contribution Deductibility: Yes Addendum Applies: No Dear Applicant: we are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501 (c) (3) of the Internal Revenue code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2105 or 2522 of the Code. Because this letter could help resolve any questions retarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c) (2) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this letter. For important information about your responsibilities as a tax-exempt organization, go to www.irs.gov/charities. Enter "4221-PC" in the search bar to view Publication 4221-PC, Compliance Guide for 501 (o) (3) Public Charities, which describes your recordkeeping, reporting, and disclosure requirements. Sincerely, rte` Director, Exempt Organizations Letter 947 EXHIBIT E GLENN FELDMANN Mark E. Feldmann GLENN FELDMANN DARBY&GOODLATTE Direct Dial(540)224-8015 E-mail mfcldmanni<delenn eldmann.com • February 11, 2015 HAND DELIVERED Stephanie Moon Reynolds, MMC, City Clerk Noel C. Taylor Municipal Building, Room 456 215 Church Avenue, S.W. Roanoke, Virginia 24011-1536 Re: Countryside Sportsplex, Inc./ Petition for Exemption from Taxation Dear Ms. Reynolds: We represent Countryside Sportsplex, Inc. ("Countryside Sportsplex"). Countryside Sportsplex is non-stock, non-profit, Virginia corporation which was incorporated in April 2014 for the primary purpose of acquiring property to provide facilities to inspire youth and adults to strength their health and well-being through recreation, wellness activities and business-academic enrichment. The property is located at 2002 Highland Farm Road, N.W., and is City Tax Map No. 6472303. The corporation has already requested and been denied tax- exempt status by the office of the Commissioner of the Revenue. We enclose a Petition for Exemption from Taxation which we believe complies with the requirements for obtaining tax-exempt status for the referenced real property. Countryside Sportsplex agrees to pay to the City an annual service charge equal to 20% of the real estate tax levy that would be applicable to the real property if it were not granted exemption from such taxation, for so long as the tax exemption is in effect. We will appreciate your advising us when City Council will hold a public hearing with respect to the enclosed Petition. Please do not hesitate to contact me should you have any questions with respect to this matter. Very t ly yours, Mark E. Feldmann MEF:tgm:7556002 Enclosure 37 Campbell Avenue S.W. I P.O.Box 2887(24001) Roanoke,Virginia 24011 I MAIN 540 224 8000 I FAX 540 224 8050 I www.glennfeldmann.com TTT MERITAS' Stephanie Moon Reynolds, MMC, City Clerk February 11, 2015 Page 2 c: Mr. R. B. Lawhorn, Dept. of Management and Budget (w/enc.) (Hand Delivered) Mr. Clay Dawson (w/enc.) (By Electronic Mail) Ms. Sandra Bond (w/enc.) (By Electronic Mail) Mr. Charles Price (w/enc.) (By Electronic Mail) COMMISSIONER OF THE REVENUE GLTY Q ';.RQANOKE SHERMAN A.HOLLAND )4i ..� • Commissioner r GREGORY S.EMERSON j. Chief Deputy —ti January 6, 2015 Mr. Clay L. Dawson, President Countryside Sportsplex, Inc. 1529 Williamson Road, NE Roanoke, VA 24012 Re: Exemption of property located at 2002 Highland Farm Road,NW Parcel No. 6472303 Dear Mr. Dawson, We received your letter requesting tax exemption from real estate taxes from the City of Roanoke on the above captioned property. The above parcel is currently being taxed by the City of Roanoke for real estate taxes for the 2014-15 tax year. Based on the information submitted, this property is not eligible for exemption by classification or designation. However, you may contact the City Clerk's Office at (540) 853-2541 for information on applying for an exemption for non-profit organizations through City Council. Should you have any additional questions please do not hesitate to call. Sincerely, Sherman A. Holland Commissioner of the Revenue SAH/jec Cc: /Stephanie Moon Reynolds, City Clerk R.B. Lawhorn, Dept. of Management and Budget 215 Church Avenue SW,Room 251 * Roanoke,Virginia 24011 Phone (540)853-2521 * Fax (540)853-1115 * wow roanokeva gm' r ;P� , CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W., Suite 456 Roanoke,Virginia 24011-1536 "• r Telephone: (540)853-2541 Fax: (540)853-1145 STEPHANIE M.MOON REYNOLDS,MMC E-mail: clerk @lroanokeva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC March 24, 2015 Assistant Deputy City Clerk Stephen W. Lemon, Esquire Martin, Hopkins & Lemon, P.C. P. O. Box 13366 Roanoke, Virginia 24033-3366 Dear Mr. Lemon: I am enclosing copy of Ordinance No. 40192-031615 authorizing execution of an Agreement for Purchase and Sale of Real Property to sell to Black Dog a parcel of land, consisting of approximately one-half of the parcel, not to exceed 1.25 acres, located at 1231 Midvale Avenue, S. W., designated as Official Tax Map No. 1221301, for the purchase price of $8,750.00, upon such terms and conditions as more particularly set forth in the City Council Agenda Report dated March 16, 2015. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, March 16, 2015, and is in full force and effect upon its passage. Sincerely, • Stephanie M. Moon R ynol•s, MC City Clerk Enclosure pc: Robert H. Kulp, Jr., Operating Manager, Black Dog Properties, L.L.C., 902 131h Street, S. W., Roanoke, Virginia 24016 Daniel J. Callaghan, City Attorney Wayne Bowers, Director, Economic Development Steve Buschor, Director, Parks and Recreation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of March, 2015. No. 40192-031615. AN ORDINANCE authorizing the proper City officials to execute an Agreement for Purchase and Sale of Real Property between the City of Roanoke, Virginia ("City"), and Black Dog Properties, L.L.C. ("Black Dog"), to sell to Black Dog certain real property located at 1231 Midvale Avenue, S.W., Roanoke, Virginia, consisting of approximately one-half of the parcel, not to exceed 1.25 acres, designated as Official Tax Map No. 1221301, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on March 16, 2015, pursuant to Section 15.2- 1800 and Section 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to execute an Agreement for Purchase and Sale of Real Property ("Sales Contract"), substantially similar to the Sales Contact attached to the City Council Agenda Report to this Council dated March 16, 2015, to sell to Black Dog a parcel of land consisting of approximately one-half of the parcel, not to exceed 1.25 acres, located at 1231 Midvale Avenue, S.W., Roanoke, Virginia, designated as Official Tax Map No. 1221301 ("Property") for the purchase price of $8,750.00, upon such Minis and conditions as more particularly set forth in the City Council Agenda Report dated March 16, 2015. 0-Authorize contract between City and Black Dog-1231 Midvale Ave,SW-TM 1221301-3.16.2015 1 2. The City Council further finds the sale of the Property will be of economic benefit to the City and its citizens. 3. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by Black Dog pursuant to the Sales Contract. 4. The form of the documents referred to above and in the City Council Agenda Report are to be approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. TTEST: ate, , ,.Q , City Clerk. 0-Authorize contract between City and Black Dog-1231 Midvale Ave,SW-TM 1221301-3.16.2015 2 40 4.�t4 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 16, 2015 Subject: Sale of City-Owned Property Located at 1231 Midvale Avenue, S.W. Background: Black Dog Properties, L.L.C. (Black Dog), has requested that the City of Roanoke sell a portion of a property, not to exceed 1 .25 acres, located at 1231 Midvale Avenue, S.W., (Official Tax Map #1221301) (Parcel) for the expansion of Black Dog's adjacent business. This Parcel was acquired by the City in 2006 along with other adjacent properties for construction of the Roanoke River Flood Reduction Project. The portion of the Parcel being considered for sale is not currently utilized for any public park purpose and is undeveloped. City staff and Black Dog's representatives have prepared the attached Agreement for Purchase and Sale of Real Property that contains all of the terms of the transaction. Under Section 15.2-1800, et seq., Code of Virginia (1950), as amended, prior to selling City-owned property the City is required to give public notice, conduct a public hearing, and adopt an ordinance by City Council. Consideration: The Parcel contains 2.3222 acres and has an assessed value of $16,800. The proposed sale involves approximately one-half of the Parcel and the sale price is $8,750. The exact boundaries of the Property to be conveyed will be determined by a survey prior to closing. The Property to be sold will not exceed 1 .25 acres. Recommended Action: Absent comments at the public hearing to the contrary, adopt the attached ordinance authorizing the City Manager to execute an agreement substantially similar to the one attached to this report, and to execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such agreement. All documents are subject to approval as to form by the City Attorney. ristopher P. Morrill City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Wayne Bowers, Director of Economic Development Steve Buschor, Director of Parks and Recreation AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY This Agreement for Purchase and Sale of Real Property ("Agreement") is dated as of , 2015, by and between the City of Roanoke, a Virginia municipal corporation 215 Church Avenue, Room 364, Roanoke, Virginia 24011("Seller") and Black Dog Properties, L.L.C., 902 13th St. SW, Roanoke, VA 24019 ("Purchaser"). RECITALS WHEREAS, Seller is the owner in fee simple of certain real property and improvements thereon located in the City of Roanoke, Virginia, as shown and described more particularly on the Plat attached as Exhibit "1" and described in Section 1(B) below; and WHEREAS, Seller is desirous of selling the Property, and Purchaser is desirous of purchasing the Property pursuant to the terms hereof. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein set forth, and such other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties hereto, Seller and Purchaser, intending to be fully and legally bound, hereby agree that the above Recitals and exhibits are incorporated into this Agreement and that they further agree as follows: 1. DEFINITIONS. As used in this Agreement, unless the context otherwise requires or it is otherwise herein expressly provided, the following terms shall have the following meanings: A. "Effective Date" shall mean the date the last party signs this Agreement. B. "Property" shall mean a portion of the property, not to exceed 1.25 acres, generally depicted as Roanoke City Tax Map No. 1221301, described on Exhibit "1", and having an address of 1231 Midvale Ave. SW, Roanoke, VA 24019, together with privileges, easements, appurtenances and hereditaments appertaining thereto. C. "Purchase Price" shall mean $8,750.00 in U.S. Dollars. D. "Purchaser" shall mean Black Dog Properties, L.L.C., 902 13`h St. SW, Roanoke, VA 24019 ("Purchaser"). E. "Seller" shall mean the City of Roanoke, Virginia with an address at: Room 364 Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia 24011, with a copy of any notices sent to Seller sent to Assistant City Manager for Community Development, Room 364, Noel C. Taylor Municipal Building, 215 Church Avenue, SW, Roanoke, Virginia 24011. F. "Settlement" and/or "Closing" shall mean the consummation of the sale and purchase provided for in this Agreement to occur as provided in Section 9 hereof. 1 2. PURCHASE AND SALE. The Seller agrees to sell and convey and the Purchaser agrees to purchase the Property upon the terms set forth in this Agreement. 3. PURCHASE PRICE AND PAYMENT. The Purchaser shall pay the Purchase Price in cash at Settlement, in addition to such other closing costs attributable to Purchaser as set forth herein. If payment is by check, the check shall be a certified or cashier's check payable to the City of Roanoke. 4. DEFAULT/TERMINATION. Purchaser shall have the right, until all contingencies set forth in Section 8 below have been satisfied, to notify Seller of Purchaser's election to terminate this Agreement and neither party shall have any further rights against or obligations to the other party arising out of this Agreement. 5. REPRESENTATIONS AND WARRANTIES OF SELLER. The Seller represents and warrants to the Purchaser as follows: A. Title to the Property is, and at Settlement shall be, marketable and good of record and in fact, free and clear of all liens, easements, encumbrances, leases, covenants, conditions, restrictions which Purchaser, in its absolute discretion, determine may materially and adversely impair its intended use of the Property, and title will be insurable on standard commercial terms with all appropriate and customary endorsements, including insured access to a public road, at standard title insurance company rates of the title company chosen by Purchaser (the "Title Company"), except for restrictions and encumbrances appearing of record. To the best of the knowledge of Seller, there are no title conditions adversely affecting title insurability. Notwithstanding anything else in this Agreement, the Property is sold "SUBJECT TO" such state of facts as an accurate survey or title search of the Property would disclose. Conveyance of title to Purchaser shall be by Special Warranty deed. B. Purchaser shall have until the expiration of the Inspection Period, as referenced in Section 13 below, within which to search title to the Property and within which to furnish Seller with a written statement of title and survey objections. If Purchaser fails to give Seller notice of any title and/or survey objections prior to the expiration of the Inspection Period, then Purchaser shall have waived the right to object to the same. Seller shall have ten (10)business days after receipt of Purchaser's objections to notify Purchaser as to which objections Seller elects to satisfy and shall have until the Settlement in which to do so or to notify Purchaser that it has elected not to satisfy same. Seller shall have the right, but not the obligation to satisfy all objections which it undertakes to satisfy or which arise after the effective date of this Agreement, unless consented to in writing by Purchaser, provided that Seller covenants to clear all monetary liens from the Property prior to closing. If Seller elects not to cure such title objections, then Purchaser shall choose within ten (10) days from receipt of such notice from Seller to do one of the following: (i) terminate this Agreement (except for any obligations which are specified to survive any termination of this Agreement), or (ii) close and receive the deed required herein from Seller irrespective of such title objections without reduction of the Purchase Price. If Purchaser fails to give Seller written notice of Purchaser's election by the end of said ten (10) day period, Purchaser shall be deemed to have elected not to 2 accept the Property and to have terminated this Agreement as set forth in clause (i) above. C. The Seller is the fee simple owner of the Property and has all necessary authority to sell the Property. There are no other contracts for sale or options involving the Property. There are no leases affecting the Property. Notwithstanding anything else in this Agreement, the Property is being sold in its "AS IS, WHERE IS" condition at the time of Settlement. The Seller is making no warranties, or representation regarding the physical and environmental condition of the Property, or the suitability of the Property for Purchaser's purpose. There are no eminent domain or condemnation proceedings pending against the Property, and Seller has no knowledge of such proceedings or of any intentions or plans definite or tentative that such proceedings might be instituted. There are no actions or suits in law or equity or proceedings by any governmental agency now or pending or, to the knowledge of Seller, threatened against Seller in connection with the Property. There is no outstanding order, writ, injunction or decree of any court or governmental agency affecting the Property. D. Seller has full power and authority to enter into this Agreement and assume and perform all of its obligations hereunder. E. There are no service, supply, management or other agreements relating to the operation or ownership of the Property. F. In the event any of the representations, warranties, additional undertakings of Seller in this Agreement and/or other responsibilities of the Seller, as set forth in this Agreement, are not accurate and cannot be or are not ratified or fulfilled prior to Settlement, then the Purchaser shall have the right.at its sole option, to take one of the following actions: (i) waive the inaccurate, un-ratified or unfulfilled representation, warranty, additional undertakings and/or responsibility of Seller, and proceed with Settlement hereunder, provided, however, that such waiver shall be in writing, or (ii) terminate this Agreement, whereupon all rights and responsibilities hereunder shall be null and void, and neither party shall have any further obligations hereunder. 6. REPRESENTATIONS AND WARRANTIES OF PURCHASER. The Purchaser represents and warrants to Seller that the Purchaser has the financial ability to purchase the Property, and is purchasing the Property in its AS IS, WHERE IS condition, without any warranties by Seller as to the physical or environmental condition of the Property. 7. ADDITIONAL UNDERTAKINGS OF THE PARTIES. A. The Seller agrees to remove any City-owned equipment or materials from the Property prior to the date of Settlement. All such equipment and materials shall remain the sole property of the Seller. B. Purchaser shall promptly pay for all advertising costs and any related fees or costs connected with this Agreement and/or sale of the Property, including, but not limited to the costs for any advertisement of required public hearing(s). Such 3 payments shall be made directly to the entity providing the advertising or other service as the City may direct. C. Purchaser shall be responsible for payment of all application, filing and related fees to the City of Roanoke for the creation of the Property as a separate parcel from its adjoining property belonging to Seller as defined in Section 8 (B) below. 8. OBLIGATIONS OF SELLER AND PURCHASER TO SETTLE. The obligations of the Seller and the Purchaser to settle on the Property pursuant to the provisions of this Agreement shall be subject to the following conditions: A. The representations and warranties of the Seller set forth in this Agreement shall be true and correct on and as of the Settlement as though such representations and warranties were made on and as of such date. B. The Purchaser, at its sole cost and expense, shall conduct a survey of the Property and develop a subdivision plat and submit it for review and approval through the City of Roanoke subdivision approval process to create the Property as a separate tax parcel or parcels or to include a portion or portions of the Property into Purchaser's adjoining properties and to establish the remaining portion of Roanoke City Tax Parcel No. 1221301 as Roanoke City Tax Parcel No. 1221301, as adjusted, within sixty (60) days after the completion of the Inspection Period referred to in Section 12 below and shall diligently pursue approval of a subdivision plat in good faith. Seller acknowledges that Purchaser's subdivision / combination activities may require administrative approval of the creation of a lot in excess of the by right size lot for OF zoning. Purchaser reserves the ability to combine the subdivision approval with a rezoning petition for the Property if deemed in its best interest during the Inspection Period. If the subdivision is not approved by the City of Roanoke within one hundred eighty (180) days after the completion of the Inspection Period, either party may terminate the Agreement by written notice of termination to the other party. The boundary line between the Property and the remaining portion of Roanoke City Tax Parcel No. 1221301 is generally depicted on Exhibit 1. The parties acknowledge that the exact location of the boundary line shall be determined during the Inspection Period and agree to cooperate in the final determination of the exact location of same. Purchaser shall submit its proposal for the final, exact location of the boundary line to Seller for its review and approval by the City Manager, or his designee. 9. SETTLEMENT. The Settlement shall be held at the offices of the Roanoke City Attorney, or such other place as mutually agreed upon, within thirty (30) days of completion of the above Contingencies. Purchaser shall provide Seller with ten (10) days written notice prior to Closing ("Closing Date"). 10. TENDER OF SETTLEMENT. The delivery to the Seller by the Purchaser of the Purchase Price and by Seller to the Purchaser of the executed Deed together with all other documents and instruments required to be delivered by either party to the other at the time of Settlement by the terms of this Agreement shall be deemed to be a good and sufficient tender of performance of the terms hereof. 4 11. SETTLEMENT OBLIGATIONS OF THE PARTIES. The cost of any title examination and recording taxes payable in connection with the recording of the Deed and costs for all applicable public hearing advertisements and other costs shall be paid by Purchaser. Other Settlement costs shall be charged as is customary in Virginia. Each party shall be responsible for costs normally paid by Seller and Purchaser respectively and each party shall be responsible for any other fees charged to them, as agreed upon by them or their attorneys. 12. TITLE AND CLOSING. A. Title to the Property, in accordance with the Survey, shall be conveyed by Seller to Purchaser by Special Warranty Deed in an AS IS, WHERE IS, condition (the "Deed") subject to the following: 1. Ad valorem real property taxes and stormwater utility fees for the current year, not yet due and payable; 2. Those matters of title to which Purchaser has not objected to in writing; 3. Those matters reflected on the Survey to which Purchaser has not objected to in writing; 4. Easements and other restrictions of record as of the date of execution of this Contract by Seller, provided that Seller shall provide clarification that the temporary construction easement depicted on the plat recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke, Virginia in Map Book 1, page 3356 has expired as the construction has been completed; 5. Liens and objections shown on the Title Commitment (if obtained by Purchaser); 6. Standard conditions, other customary and usual exceptions not adversely affecting title; and B. Delivery of title in accordance with the foregoing shall be evidenced by the willingness on the Closing Date of the Title Company (if obtained by Purchaser) to issue, upon payment of its normal premium, to Purchaser its ALTA Owner's Policy of Title Insurance (06/17/06) w/ VA Mod (the "Title Policy") insuring Purchaser in the amount of the Purchase Price in respect to the Property (including access to the Property) and that title to the Property is vested in Purchaser subject only to the Conditions of Title. C. On the Closing Date, Seller shall deliver or cause to be delivered to Purchaser the following documents: 1. Its duly executed and acknowledged Special Warranty Deed conveying to Purchaser the Property in accordance with the provisions of this Contract; 2. A mechanic's lien affidavit executed by a representative of Seller, satisfactory to the Title Company, and to the effect that no work has been performed on the Property by Seller in the one hundred twenty-five (125) days immediately preceding the Closing Date that could result in a mechanic's lien claim, or, if such work has been performed, it has been paid for in full; 5 3. A parties in possession affidavit satisfactory to the Title Company; 4. Such evidence and documents including, without limitation, a certified copy of the ordinance adopted by the Seller, as may reasonably be required by the Title Company evidencing the authority of the person(s) executing the various documents on behalf of Seller in connection with its sale of the Property; 5. A duly executed counterpart of a Closing Statement; and 6. Any other items required to be delivered pursuant to this Contract. D. At Closing, real property taxes (if any) and stormwater utility fees shall be prorated with Purchaser being responsible for all periods thereafter. E. Purchaser shall pay for (i) the cost of all investigations of the Property including, but not limited to, examination of title and title insurance premiums for issuance • of the Title Policy; (ii) all attorney's fees and expenses incurred by legal counsel to Purchaser; (iii) the newspaper ad advertising the public hearing by City Council for its consideration of this matter, and (iv) any Grantee's tax and recording costs required to be paid in connection with the recording of the Deed. F. Seller shall pay the Grantor's tax, if any, and the expenses of legal counsel for Seller, if any. G. Exclusive possession of the Property shall be delivered to Purchaser on the Closing Date, subject to the provisions of this Contract. 13. RIGHT OF ENTRY AND INSPECTION PERIOD. A. Purchaser shall have ninety (90) days from the effective date of this Agreement to complete Purchaser's due diligence review of the Property (Inspection Period) to determine if there are any issues that would prevent the Purchaser's use of the Property. Seller shall make available to Purchaser Seller's existing title insurance policies, all title exceptions, surveys, environmental audits, building permits, certificates of occupancy, plans and specifications, books and records, zoning information and other matters currently in the possession of Seller regarding the Property. Should Purchaser determine during such Inspection Period that it is not satisfied with the Property or any characteristics thereof for any reason whatsoever, in Purchaser's sole and absolute discretion, Purchaser may terminate this Agreement by notifying the Seller in writing as soon as possible, but no later than five (5) consecutive calendar days after the end of such Inspection Period, of Purchaser's decision to terminate the Agreement. In such case, this Agreement shall thereupon be terminated and of no further force and effect, unless Seller and Purchaser mutually agree to modify this Agreement to address any such issues. B. In connection with the Purchaser's ability to conduct its Due Diligence review mentioned above the Seller hereby grants to Purchaser, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives, and consultants, a revocable right to enter upon the Property at any time during the Due Diligence Period, upon two (2) working days prior written notice to the Seller, in order to survey, make test borings, and carry out such other 6 examinations, exploratory work, or settings as may be necessary to complete a Phase I and Phase II Environmental Assessments, or geotechnical assessments, or nondestructive engineering evaluations of the Property, and to store Purchaser's property and equipment, upon the following terms and conditions: 1. If the Purchaser exceeds its rights granted under this Section or fails to obtain and maintain the insurance required by this Section 13, the Seller may immediately revoke this right of entry. 2. Purchaser agrees to be responsible for any and all damages resulting from the activity or activities of Purchaser, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on the Property in the exercise of the rights granted under this Section. Purchaser shall, at its sole cost, promptly and fully restore any land disturbed by the exercise of the rights under this Section to a condition equal to that existing immediately prior to entry on the Property. 3. Purchaser agrees and binds itself and its successors and assigns to indemnify, keep and hold the Seller and its officers, agents, employees, volunteers, and representatives free and harmless from any and all liability, claims, causes of action, costs and damages of any type, including attorney's fees, on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Purchaser in connection with this right of entry, including, but not limited to, Purchaser's use of the Property in violation of any provision of this Contract, claims relating to the storage of property by Purchaser on the Property, or the exercise of any right or privilege granted by or under this Section 13. In the event that any suit or proceeding shall be brought against the Seller or any of its officers, employees, agents, volunteers, or representatives, at law or in equity, either independently or jointly with Purchaser, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, on account thereof, Purchaser, upon notice given to it by the Seller or any of its officers, employees, agents, volunteers or representatives will pay all costs of defending the Seller or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgment being awarded against the Seller or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Purchaser, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, then Purchaser will pay such settlement or judgment in full or will comply with such order or decree, pay all costs and expenses of whatsoever nature, including attorney's fees, and hold the Seller or any of its officers, employees, agents, volunteers or representatives harmless therefrom. 7 4. Purchaser shall, at its sole expense, obtain and maintain, or have its contractors or representatives obtain and maintain, the insurance set forth below. Any required insurance shall be effective prior to the beginning of any work or other performance by Purchaser under Section 3. The following policies and coverages are required: (i) Commercial General Liability. Commercial General Liability insurance, written on an occurrence basis, shall insure against all claims, loss, cost, damage, expense or liability from loss of life or damage or injury to persons or property arising out of Purchaser's acts or omissions. The minimum limits of liability for this coverage shall be $2,000,000 combined single limit for any one occurrence. (ii) Contractual Liability. Broad form Contractual Liability insurance shall include the indemnification obligation set forth above. (iii) Workers' Compensation. Workers' Compensation insurance covering Purchaser's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance shall be maintained for all its employees engaged in work under this Section 3. Minimum limits of liability for Employer's Liability shall be $100,000 bodily injury by accident each occurrence; $500,000 bodily injury by disease (policy limit); and $100,000 bodily injury by disease (each employee). With respect to Workers' Compensation coverage, the insurance company shall waive rights of subrogation against the Seller, its officers, employees, agents, volunteers and representatives. (iv) Automobile Liability. The minimum limit of liability for Automobile Liability Insurance shall be $1,000,000 combined single limit applicable to owned or non-owned vehicles used in the performance of any work under this Section 3 and shall be written on an occurrence basis. 5. The insurance coverages and amounts set forth above may be met by an umbrella liability policy following the form of the underlying primary coverage in a minimum amount of $2,000,000. Should an umbrella liability insurance coverage policy be used, such coverage shall be accompanied by a certificate of endorsement stating that it applies to the specific policy numbers indicated for the insurance providing the coverages required by this section, and it is further agreed that such statement shall be made a part of the certificate of insurance furnished by Purchaser to the Seller. 6. All insurance shall also meet the following requirements; unless otherwise agreed to by the City's Risk Manager: (i) Purchaser shall furnish the Seller a certificate or certificates of insurance showing the type, amount, effective dates and date of 8 expiration of the policies. All such insurance shall be primary and noncontributory to any insurance or self-insurance the Seller may have. Certificates of insurance shall include any insurance deductibles. (ii) The required certificate or certificates of insurance shall include substantially the following statement: "The insurance covered by this certificate shall not be canceled or materially altered, except after thirty (30) days written notice has been provided to the Risk Management Officer for the City of Roanoke, except for non- payment of premium which shall be ten (10) days" (iii) The required certificate or certificates of insurance shall name the City of Roanoke, its officers, employees, agents, volunteers, and representatives as additional insureds. (iv) Where waiver of subrogation is required with respect to any policy of insurance required under this Section 13, such waiver shall be specified on the certificate of insurance. (v) Insurance coverage shall be in a form and with an insurance company approved by the Seller, which approval shall not be withheld unreasonably. Any insurance company providing coverage under Section 13 shall be authorized to do business in the Commonwealth of Virginia. C. Upon the request of Seller, Purchaser, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall within a reasonable period of time after receipt of any preliminary or final survey, test results or conclusory reports and opinion statements, deliver copies of same to Seller. If Seller so requests, Purchaser shall also turn over copies of raw data obtained and any laboratory and observation reports or analyses. Such copies of all the above shall be provided to Seller without charge. Purchaser, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, shall at all times during performance of the Contract, comply with all applicable federal, state, and local laws, rules, and regulations. Purchaser, its officers, agents, employees, contractors, subcontractors, licensees, designees, representatives and consultants, prior to exercising any rights under this section shall obtain, at their cost, any and all required permits and/or licenses for any such work 14. Intentionally Deleted. 15. RISK OF LOSS. Risk of loss shall be borne by Seller prior to Settlement. However, in the event of any damage to the Property prior to Settlement, the Purchaser shall have the election to Close as required hereunder without diminution in the Purchase Price and with the assignment by Seller of all Seller's interest in payments for damage to the Property or terminate this Agreement. 9 16. REAL ESTATE BROKERS: The parties to this Agreement agree that there are no real estate broker's fees due as a result of this transaction. 17. NOTICES. All notices hereunder must be in writing and shall be deemed validly given, by personal service, if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address the party to be notified may have designated to the sender by like notice): If to Seller: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Fax No. 540-853-2333 With a Copy to: Assistant City Manager for Community Development City of Roanoke 364 Noel C. Taylor Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Fax No. 540-853-2333 If to Purchaser: Black Dog Properties, L.L.C. 902 13th St. SW Roanoke, VA 24019 With a copy to: Stephen W. Lemon, Esq. Martin, Hopkins & Lemon, P.C. 1000 Wells Fargo Tower 10 S. Jefferson Street Roanoke,Virginia 24011 P. O. Box 13366 Roanoke, Virginia 24033-3366 Fax No. 540-982-2015 Notice shall be deemed delivered upon the date of personal service, two days after deposit in the United States mail, or the day after delivery to a nationally recognized overnight courier. 18. GOVERNING LAW. By virtue of entering into this Agreement, Purchaser and Seller agree and submits themselves to a court of competent jurisdiction, which shall be the Circuit Court or General District Court for the City of Roanoke, Virginia, and further agrees this Agreement is controlled by the laws of the Commonwealth of Virginia, with the exception of Virginia's conflict law of provisions which shall not apply, and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia, as aforesaid. Purchaser and Seller further waive and agree not to assert in any such action, suit, or proceeding that it is not personally 10 subject to the jurisdiction of such courts, that the action, suit or proceeding is brought in an inconvenient forum, or that the venue of the action, suit, or proceeding is improper. 19. ASSIGNABILITY: This Agreement is not assignable to any third party without the expressed written consent of all parties to this Agreement. 20. CONSTRUCTION. The parties acknowledge that each party and its counsel have reviewed and revised this Contract and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. 21. SEVERABILITY AND SURVIVAL. If any term of this Contract is found to be invalid, such invalidity shall not affect the remaining terms of this Contract, which shall continue in full force and effect. The parties intend for the provisions of this Contract to be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable by any court or agency of competent jurisdiction, they shall be deemed modified to the extent necessary to make them enforceable. 22. TIME. Time is of the essence with respect to all provisions of this Agreement. 23. COUNTERPART COPIES. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. 24. ENTIRE AGREEMENT. This Agreement, together with the exhibits hereto, contains all representations and the entire understanding between the parties hereto with respect to the subject matter hereof. Any prior correspondence, memoranda, or contracts are replaced in total by this Agreement and the exhibits hereto. No amendment to this Agreement shall be valid unless made in writing and signed by the appropriate parties. SIGNATURES APPEAR ON FOLLOWING PAGE 11 IN WITNESS WHEREOF, Purchaser and Seller have executed this Agreement by their authorized representatives. SELLER: ATTEST: CITY OF ROANOKE, VIRGINIA By City Clerk Christopher P. Morrill, City Manager COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing instrument was acknowledged before me this day of , 2015 by Christopher P. Morrill, City Manager for the City of Roanoke, Virginia, for and on behalf of said Municipal Corporation. My commission expires: Notary Public SEAL Approved as to Form: Approved as to Execution: City Attorney City Attorney Authorized by Ordinance No. 12 PURCHASER: BLACK DOG PROPERTIES, L.L.C. By (SEAL) Robert H. Kulp, Jr., Operating Manager § To-Wit: The foregoing instrument was acknowledged before me this day of , 2015, by the Operating Manager of Black Dog Properties, L.L.C., for and on behalf of such entity. My commission expires: Notary Public SEAL 13 Contract for Purchase and Sale of Real Property dated , 2015 by and between City of Roanoke Virginia, as Seller, and Black Dog Properties, L.L.C., as Purchaser EXHIBIT "1" 14 A.J 3 if A .er .' m in. • • . � � TM � a .. �.A«`.q "4"yu'4 trytilh F 'R ...a.s'.'"S R ' * •F Property to be �fi e ' i ! 4 "` conveyed to Black f Dog Properties, . `�'t LLC ` ' s •-, r AT � ; +@l�y,��. +.- •1 F Off. ' 'P 1, y c ra` +' B.« g • RN, t * ¢ .. F , F a a.Y i II x y * x �. �. - Balance to be t, � ,: A #' � retained by City of �;,� '!„, ... f,,, * ,ijat ' Roanoke r- go The Roanoke Times Roanoke, Virginia Affidavit of Publication BLACK DOG PROPERTIES LLC Alto ROBERT H. KULP, JR. 902 -13TH STREET, SW ROANOKE. VA 24016 Account Number 6028363 Dale March 99, 2015 Otte Category Desaiplicn Ad St. TolaICOST 03I15I2015 Legal Notices NOTICE OF PUBLIC HEARING Pursuant to the re9ulrements 1x58L 334.48 NOTICE OF PUBLIC NEARING adool 456. NIVI C. T111.1 ".".,°.:fi ".`. °e is °:o`ie`a`a ss•ont - m 11- cRy � yr1, a, nuey N Wald I., IbIll ...SS ea .to ya at cweo under my nand rm. 2nd day or Publisher of the 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 NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 010912015 The First insertion being given ... 03/09/2015 Newspaper reference: OD00139782 1� Billing Representative Sworn to and subscribed before me This Monday, March 9, 2015 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU ItAla P P`McEN{y �' Note P Iic; State of Virginia NOTARY' City/County of Roanoke /�7� PU BLIC My Commission expires - /Cij 3),2015 7 PEG. A032954 _ 1 f✓n' GOMMISSIGN f((/ [YOIRFS,__ THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU ItAla P U NOTICE OF PUBLIC HEARING Pursuant to the requirements of Sections 15.2-1800.B and 15.2-1813, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on March 16, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on a proposed Contract for Purchase and Sale of Real Property (Contract) between the City of Roanoke (City) and Black Dog Properties, L.L.C. (Buyer), wherein the City proposes to sell to Buyer certain real property located at 1231 Midvale Avenue, S.W., Roanoke, Virginia, consisting of approximately one-half of the property, not to exceed 1.25 acres, designated as Official Tax Map No. 1221301 (Property). A copy of the proposed Contract will be available at the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on and after Monday, March 9, 2015. For further information on the matter, you may contact the Office of the City Clerk at (540)853-2541. All parties and interested entities may appear on the above date and time to be heard on the above matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, March 12, 2015. Given under my hand this 2nd day of March, 2015. Stephanie M. Moon Reynolds, City Clerk Notice of Public Hearing-Black Dog Properties-322015 Note to Publisher: Please publish once in the Roanoke Times, Legal Notices, on Monday, March 9, 2015. Please send bill to: Please send affidavit of publication to: Robert H. Kulp, Jr. Stephanie M. Moon Reynolds, City Clerk Operating Manager 4th Floor, Noel C. Taylor Municipal Building Black Dog Properties, L.L.C. 215 Church Avenue, S.W., Room 456 902— 13th Street, S.W. Roanoke, Virginia 24011 Roanoke, Virginia 24016 (540) 853-2541 (540) 343-6200 a 0 #' CITY OF ROANOKE ,Air! OFFICE OF THE CITY CLERK 215 Church Avenue,S. W.,Suite 456 : Roanoke,Virginia 24011-1536 [� ? Telephone: (540)853-2541 Fax: (540)853-1145 SI'P:PIIANII+.M.MOON REYNOLDS,MMC E-mail: clerk(ntroanokeva.gov JONATHAN F.CRAVE,('MC City Clerk Deputy City Clerk CECELIA T.WEBB,CM(' March 25, 2015 Assistant Deputy City Clerk Ricky Mitchell 436 Walnut Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Mitchell: Your petition appealing a decision of the Architectural Review Board at its meeting of November 13, 2014, denying your request to allow for the installation of replacement windows at 436 Walnut Avenue, S. W., which is not consistent with the H-2 Architectural Design Guidelines, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, March 16, 2015. On motion, duly seconded and adopted, City Council affirmed the decision of the City of Roanoke Architectural Review Board and denied your request for a Certificate of Appropriateness to allow replacement of existing windows at 436 Walnut Avenue, S. W. Sincerely, itit:ti-Aln Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: Tim Taylor, 115 Mountain Avenue, S. W., Roanoke, Virginia 24016 Joel Richert, 415 Allison Avenue, S. W., Roanoke, Virginia 24016 Joe Kraft, 637 Mountain Avenue, S. W., Roanoke, Virginia 24016 Steven J. Talevi, Assistant City Attorney Parviz Moosavi, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 STEPHANIE M.MOON REYNOLDS,MMC En%° (540)853-1145 E-mail: clerk@roanokeva.gov City Clerk JONATHAN E.CRAFT,CMC Deputy City Clerk CECELIA T.WEBB,CMC Assistant Deputy City Clerk February 18, 2015 Ricky Mitchell 436 Walnut Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Mitchell: Discussion of the matter regarding your,petition appealing a decision of the Architectural Review Board for a Certificate of Appropriateness to allow the installation of replacement windows at 436 Walnut Avenue, S. W., which is not consistent with the Ii-2 Guidelines, was continued until the regular meeting of Roanoke City Council scheduled to be held on Monday, March 16, 2015 at 7:00 p.m., or as soon thereafter as the matter may be heard. Sincerely, tratigt,,,,t4„,rn. ej�l Stephanie M. Moon Reynolds, MMC City Clerk pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Parviz Moosavi, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board O wr-± OFFICE CITY F OF THE CITY CLROANOKE ERK • 215 Church Avenue, S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (5411)853-2541 Fax: (5411)853-1145 STEPHANIE M.MOON REYNOLDS,MMC b;mail• tier roanokeva.gov JONATHAN F.CRAFT,CMC City Clerk Deputy City Clerk ('ECELIA T.WEBB,CMC Assistant Deputy City Clerk February 3, 2015 Ricky Mitchell 436 Walnut Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Mitchell: Your petition appealing a decision of the Architectural Review Board for a Certificate of Appropriateness to allow the installation of replacement windows at 436 Walnut Avenue, S. W., which is not consistent with the H-2 Guidelines, was scheduled to be heard at a regular meeting of Roanoke City Council on Monday, February 2, 2015. The matter was tabled until 7:00 p.m., or as soon thereafter on Tuesday, February 17, 2015. Sincerely, ArtitistAti. Th. t@1rQt&4 Stephanie M. Moon , MMC City Clerk pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Parviz Moosavi, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2-530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s): 'i CiL� ( fL\ 2. Doing business as (if applicable): 3. Street address of property which is the subject of this appeal: 2-13 le upc-1 ry --1- l 4. Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighborhood Overlax District) of property(ies) which is the subject of this appeal: t-,- 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: 15 ti wv 7)-(3 %1/4-1 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2-330, if H-1 or Section 36.2-331, if H-2): 3(, ) .—33 k 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: f Cotc, ,mt-k C< 8. Grounds for appeal: j Cara ,Sc"i cc c cl q9.— ) CktSs,)■.L LA Q#.vsrn—. L [4k- j'SSuY_ '4t`C,* WO r. L t rely5}Yi. U 1ti Jep --c tLc. LA. 'AINA( hit ! TV-A .✓ \ \ rwrr. A c...Ar phySi(s-F Vtit.'-k - ,n rc% 'se 'S 9. Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City Council: (3,;L.k el\ ( I x - 05 -10 WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) Signature of Petitioner(s) or (If not Petitioner): representative(s), where applicable: ame: RliL f \l Cnf-1/4. t Name: (print or t e) (print or type) Name: Name: (print or type) (print or type) TO BE COMPLETED BY CITY CLERK: Received by CR-1-k_ep 1. L^-J eAQ Date: t 2l I t U -\ CWLION ;:..3NIC CARILION CLINIC, FAMILY MEDICINE 1314 Peters Creek Road Roanoke VA 24017 Phone: 540-562-5700 Fax: 540-562-4278 2/3/2015 Re: Roscoe Lee Grayson, 7/10/1939 To whom it may concern: Mr. Grayson has been a patient of mine for the past several months. 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Fire Safe Seniors HOME ASSESSMENT TOOL DATE: _/ / ASSESSOR: NAME: ADDRESS: ZIP: PHONE:( ) GENDER: LIM LIE DATE OF BIRTH: /_ / ETHNICITY(Circle one): African American Asian/Pacific Islander Hispanic Native American Non-Hispanic White Other: Look for smoke alarms: Alarm Status •On every level of the home AM(alarm missing) -Directly outside of every sleeping area NIB(non-lithium or unknown battery) NWL(nonworking lithium alarm) >10(working lithium alarm more than 10 years old) <10(working lithium alarm less than 10 years old) Outside of sleeping area sl Indicate level of hmne: Outside of sleeping area#2 Indicate level of home Outside of sleeping area#3 Indicate level of home: Additional level of home without a sleeping area Indicate level of home Additional level of home without a sleeping area Indicate level',Thome: Other area: Total+of new alarms needed: (AM+NLB+NWL.+10): Escape barriers observed: Home ownership status: ❑ Windows nailed or painted shut ❑Resident owns home ❑ Furniture or boxes blocking exit doors LI Resident lives in home occupied by owner ❑ Security bars on doors and/or windows or owned by family member ❑ Clutter hindering escape route ❑Resident rents home ❑ Other: Number of people living in home: ny sac FEMA I pe Ere IJ S Fire Eve ry one's Fight 40„ cal Fire Safe Seniors HOME ASSESSMENT TOOL DATE: _/_/ ASSESSOR: NAME: ADDRESS: ZIP: PHONE:( )___ GENDER: QM ❑F DATE OF BIRTH:_/ / ETHNICITY(arc/tone): African American Asian/Pacific Islander Hispanic Native American Non-Hispanic White Other: Look for smoke alarms: Alarm Status •On every level of the home AM(alarm missing) •Directly outside of every sleeping area NLB(non-lithium or unknown battery) NWL(nonworking lithium alarm) >10(working lithium alarm more than 10 years old) <10(working lithium alarm less than 10 years old) Outside of sleeping area#1 Indicate level of hone Outside of sleeping area#2 Indicate level of home Outside of sleeping area#3 Indicate level of hone: Additional level of home without a sleeping area Indicate level of home Additional level of home without a sleeping area Indicate level of home: Other area: Total it of new alarms needed: (AM.NLB+NWL+X10): Escape barriers observed: Home ownership status: ❑ Windows nailed or painted shut ❑Resident owns home ❑ Furniture or boxes blocking exit doors ❑Resident lives in home occupied by owner ❑ Security bars on doors and/or windows or owned by family member ❑ Clutter hindering escape route Li Resident rents home ❑ Other: Number of people living in home: •' /// CDC �: FEMA U.S.Fire Atkins' moon 11 Everyone's [C II�\ Fight_ �q.+w nsa�y^i*•t 7"4477.7-:i c ✓Wt.v+ m e . .. w Volume 14 Is stte 9/August 2013 Fire Risk to Older Adults in 2010 These topical reports am designed to rg.�.,:if ..cc- explore facets of the U.S.fire problem as , _ depicted through data mimed in the U.S Older adults continue to experience a disproportionate share of fire deaths.In 2010, Fire Adndnistr on•s National Fre hrcidet older adults(age 65 or older)represented 13 percent of the United States population but Reporting System Each topical report suffered 35 percent of all fire deaths. briefly addresses the nature of the specific The relative risk of individuals age 65 or over dying greater fire o fire-related topic,leghts Egan- ° ge ying in a fire was 2.7 times eater than that pmt findings from the data,and may rug of the general population.The risk worsened as age increased.The relative risk for adults i estother remwcesto consider f rturUte ages 65 to 74 was 1.9,but soared to 4.6 for those over the age of 84. information. ° Older American Indians/Alaska Natives and African-Americans were at a much greater risk of dying in a fire than their Asian/Pacific Islander or white fellow citizens.Older Asian/ Pacific Islanders had 20 percent less risk than the general population. • Older males were 62 percent more likely to die in fires than older females. • Older adults were more vulnerable in a fire than the general population due to a combination of factors including mental and physical frailties,greater use of medications, and elevated likelihood of living in a poverty situation. In 2010, older Americans were burdened with the gravest At over one-third of total fire deaths, the number of older fire risk in the U.S. and were consistently more threatened Americans who died in fires across the nation in 2010 was with death by fire than any other segment of society. While clearly high_The issue becomes even more concerning admirable strides have been made in lowering the over- when the relative risk of fire death encountered by older all U.S. fire death rate in the last decade, fewer gains have Americans is compared to the rest of the adult population. been realized among the oldest age groups.This Topical Fire Report explores the risk of fire deaths in the older adult Defining Risk population and is an update to "Fire Risk to Older Adults in The concept of"risk" with respect to fire casualties can he 2007;'Volume 11, Issue 10. addressed in several ways: absolute numbers of deaths and According to the National Center for Health Statistics injuries,proportions (percent) of these casualties, rates (per (NCHS) data on mortality, 3,445 deaths were caused by fire unit, usually fires or population), and relative risk. Each in 2010. Older adults were disproportionately the victims measure is useful, but each has its drawbacks as well. The —fire fatalities among people age 65 years or older in 2010 absolute number of casualties is an important consideration was 1,200, accounting for 35 percent of all fire deaths that —it is a concrete measure of the size or magnitude of the year.' Older adults comprised 13 percent of the U.S.popula- problem, but it does not address the magnitude relative to tion in 2010,2 and their ranks are growing.It is estimated other aspects of the problem.In this case, proportions are that the older population will rise sharply between now and used to compare the relative size of the problem. Yet these 2030, the years when the baby boom generation will be in proportions do not convey the magnitude of the problem as retirement. By 2030, the U.S. Census Bureau estimates that does the absolute number of casualties.Neither of these two adults age 65 or older will comprise 19 percent of the U.S. measures is useful for comparisons across different groups. population, and they will reach 20 percent by 2040.'Better For comparison across groups, a common basis is used to health care and new developments in medicine continue to determine rates.These rates then account for any differences increase American life expectancy. By their 65th birthday, in group sizes that may affect the magnitude of the problem? on average, Americans can expect to live another 19 years." U.S. Department of Homeland Security • U.S.Fire Administration FEMANational Fire Data Center • Emmitsburg, Maryland 21727 o www.usfa.fema.gov/statistics/ STATEMENT OF CONFLICT OF INTEREST I D & ,D A, c3ooees state that I have a personal interest in agenda item 1 2- a regarding 1/4frkt_ aeiaoa,( -n lc L by R Ic.km+ I cram a &Lefts:on t-E ' Arck* ckaJ &uIeta&Arc( because T 6 ite a Kcsonctt itiAkonship 1.4 1141 a Fri la Irk 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 2c/ day of RA brow r y , 201E SX aS (SEAL) )19viD 4. 13oiE-g, SD. 1 (a) 436 Walnut Ave SW-Window Replacement- Council Agenda 3/16/15 - mayor, Court Rosen, Tim Taylor to: bill.bestpitch @roanokeva.gov, 03/16/2015 09:36 AM ray.ferris @roanokeva.gov, anita.price, Sherman To whom it may concern- As a resident and volunteer in Old Southwest, I am asking you to vote in favor of the ARB (Architectural Review Board) decision and not allow Mr. Ricky Mitchell of 436 Walnut Ave SW to replace his historic windows. After reading the minutes and seeing how the ARB tried it's best to work with Mr. Mitchell for alternatives as well as noting that these windows are some of the nicest historic windows in Old Southwest, I cannot support his wishes to replace them. Mr. Mitchell is a wonderful neighbor who has invested in the historic neighborhood by purchasing and renovating his home located on Walnut Ave however, I cannot support his wish to replace his historic windows if there is no real need. This home sits at the corner of one of the busiest streets in Old Southwest (Walnut Ave & 5th St) and serves as a main artery for traffic of all kinds; vehicular,bicycle, and walkers. His home sits across the street from both Highland Park Elementary where buses and kids are about as well as from Highland Park which houses the amazing new playground and which serves for many outdoor activities. It's obvious that sounds would be more prevalent from his home given it's location. I'd also like to note that individuals who purchase historic homes in Old Southwest should be acutely aware that they are buying in an historic neighborhood where guidelines apply. It's hard to understand that individuals purchase historic homes wanting the ambiance and flare of these historic structures but then wanting to modernize them. If his windows were in deplorable condition, than I could understand taking a closer look at alternatives, but as I said, the ARB found these to be some of the nicest in Old Southwest. I ask you to support and uphold the decision made by the ARB. I wish Mr. Mitchell the very best and hope he will understand this position. Respectfully, Tim Taylor 115 Mountain Ave SW Old Southwest "Live the Life You Imagine" Re: 436 Walnut/on City council agenda March 16. Joel to: Joel 03/16/2015 04:13 PM Cc: city.clerk History This message has been replied to. I am unable to attend the council meeting to night and would like my comments read into the record. Thank you for your help. Joel Richert On Mon, 3/16/15, Joel <dkbtide @yahoo. com> wrote : Subject : 436 Walnut To : parviz .moosavi @roanokeva . gov Cc : "Joe Kraft" <joekraftrealtor @gmail . com> Date : Monday, March 16, 2015, 1 : 19 PM My observations of the condition of windows at 436 Walnut Ave SW. 1 . None of the windows are in bad shape or need to be repaired. . If necessary they are all repairable on site by using paint at the most . 2 . The ARB Guidelines are very clear on the removal of windows . 3 . The noise factor he does not like comes from living so close to a school and busy street corner. 4 . His options include using storm windows either on the outside or inside to cut noise as well as any air flow. He could use a caulk to fill in a small air leakage . I left him some information about inside storm windows . 5 . He needs to recognize that his windows were built for that house individually in 1911 and new ones would be "standard" sizes and these often need work to shim and caulk around the air sites which is not always successful . Thank you for your attention to this issue and I ask that you deny the request . Joel Richert 415 Allison Ave SW 24016 SUGGESTED MOTION TO AFFIRM THE DECISION OF THE CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD AND TO DENY THE REQUEST FOR A CERTIFICATE OF APPROPRIATENESS TO ALLOW THE REPLACEMENT OF EXISTING WINDOWS AT 436 WALNUT AVENUE, S.W. "Based upon the evidence (testimony and documents) presented to this Council at today's hearing, I move that the decision of the City of Roanoke Architectural Review Board on November 13, 2014, be affirmed and that no Certificate of Appropriateness be issued to allow the replacement of existing windows at 436 Walnut Avenue, S.W., as set forth in the Application for Certificate of Appropriateness, on the ground that the windows being replaced are architecturally compatible with the structures or historic landmarks in the H-2 District and are not missing or in need of repair." Or SUGGESTED MOTION TO REVERSE THE DECISION OF THE CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD AND TO GRANT THE REQUEST FOR A CERTIFICATE OF APPROPRIATENESS TO ALLOW THE REPLACEMENT OF EXISTING WINDOWS AT 436 WALNUT AVENUE, S.W. "Based upon the evidence (testimony and documents) presented to this Council at today's hearing, I move that the decision of the City of Roanoke Architectural Review Board on November 13, 2014, be reversed and that a Certificate of Appropriateness be issued to allow the replacement of existing windows at 436 Walnut Avenue, S.W., as set forth in the Application for Certificate of Appropriateness, on the ground that the windows being replaced are in need of being replaced with windows that are architecturally compatible with the structures or historic landmarks in the H-2 District." MOTIONS- 436 Walnut Avenue.doc 1 , CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: February 2, 201 5 Subject: Appeal of a decision of the Architectural Review Board at its meeting of November 13, 2014, denying the request to allow for the installation of replacement windows at 436 Walnut Avenue, S.W., which is not consistent with the H-2 Guidelines Background: The subject property at 436 Walnut Avenue, S.W., is a 2'A story, single-family home located within the H-2 Historic Neighborhood Overlay District. The H-2 Architectural Design Guidelines (Guidelines) adopted by the Architectural Review Board (ARB) and endorsed by City Council provides recommendations for exterior alterations of buildings. The ARB uses the Guidelines during its monthly meetings to consider applications related to alterations, additions, and new constructions within the established historic districts. Approved proposals are granted a Certificate of Appropriateness (COA), which is necessary to obtain proper permits from the Permit Center of the Planning, Building, and Development Department. The Southwest Historic District was designated a National Historic District in 1985. The district is a large urban residential neighborhood that encompasses 1 ,547 contributing structures developed between 1882 and 1930, a period of tremendous growth and prosperity in the City of Roanoke's early history. It is a primarily residential district consisting of a variety of popular architectural style of houses. As in many other historic districts, the structures in the Southwest Historic District have gone through changes throughout the years. Fortunately, many structures have maintained their architectural integrities due to the efforts of the area residents, the City of Roanoke, and other historic preservation-minded organizations and individuals. The subject property includes a residence that is a great example of the structures in the Southwest Historic District that still maintains its appearance and material, including original windows. EXHIBIT A (Application for Certificate of Appropriateness in H-2 Historic District) On October 16, 2014, a COA application was submitted by Mr. Ricky T. Mitchell, the owner of the property at 436 Walnut Avenue, S.W., for the proposed scope of work: • Replace all windows, wood for wood, same appearance. EXHIBIT B (Staff report to ARB, November 13, 2014) Staff prepared the ARB report considering the scope of work proposed in comparison with the established Architectural Design Guidelines for the H-2 Historic District and cited the following guidelines stated under "Windows and Doors": Window Replacements: • Replace entire windows only when they are missing or beyond repair. • If owners choose to remove and replace their historic windows they must first present sufficient physical and photographic evidence and information to the ARB regarding the condition of the existing windows and the feasibility of repair/replacement in-kind, and replacement with new materials. Replacement should be based upon physical evidence and photo documentation rather than the availability of stock or replacement windows. • If historic windows need to be replaced, consider only the replacement of the sash units themselves and not the entire window frame or surround. • Replace windows to improve thermal efficiency only as a last resort; match existing windows if replacement occurs. • If replacement is warranted, use replacement windows with true divided lites or interior and exterior fixed muntins with internal spacers (known as simulated divided lites) to replace historic or original windows. The staff report included the following comments from the Design Application Review Committee (DARC): • There was no evidence that existing windows are in disrepair to justify the proposed window replacements. In conclusion, staff provided the following recommendations: • The proposal is not consistent with the H-2 Design Guidelines mentioned above. • The existing windows appear to be in good condition and staff recommends denial of the application, as proposed. 2 EXHIBIT C (ARB Meeting Minutes of November 13, 2014) On November 13, 2014, the ARB reviewed and considered a COA application submitted by the applicant. The ARB received a presentation by Mr. Mitchell and his representative, Mr. W. R. Gibbs with Harvest General Contractors. In addition, the ARB considered the DARC comments noted in the staff report. After a general discussion and considering all of the evidence presented for the proposed window replacement, the ARB could not support the proposed window replacements because the existing windows were some of the nicest windows in the Old Southwest and they did not merit replacements. The ARB concluded that the application was inconsistent with the Design Guidelines of the H-2 Historic Overlay District. The ARB members unanimously voted to deny the application to replace the windows as proposed. EXHIBIT D (Letter sent to Mr. Ricky T. Mitchell, Denial of COA #140198) Considerations: City Council established the ARB with the stated purpose of protecting designated historic properties against destruction or architecturally incompatible buildings and structures. The ARB's review criteria are based on the standards set forth in the Zoning Ordinance, and, where applicable, its adopted Architectural Design Guidelines (Guidelines). The Guidelines adhere to the Secretary of Interior's Standards for Rehabilitation, which are federal criteria for appropriate treatment of historic buildings and contexts. The H-2 Guidelines for windows are relevant for consideration of this application. Staff and the ARB cited the following specific section: Window Replacements: • Replace entire windows only when they are missing or beyond repair. • If owners choose to remove and replace their historic windows they must first present sufficient physical and photographic evidence and information to the ARB regarding the condition of the existing windows and the feasibility of repair/replacement in-kind, and replacement with new materials. Replacement should be based upon physical evidence and photo documentation rather than the availability of stock or replacement windows. • If historic windows need to be replaced, consider only the replacement of the sash units themselves and not the entire window frame or surround. • Replace windows to improve thermal efficiency only as a last resort; match existing windows if replacement occurs. 3 • If replacement is warranted, use replacement windows with true divided lites or interior and exterior fixed muntins with internal spacers (known as simulated divided lites) to replace historic or original windows. EXHIBIT E (Appeal received by the City Clerk, Thursday, December 1 1 , 2014) On Thursday, December 11 , 2014, a Petition to Appeal was filed in the City Clerk's Office by Mr. Ricky T. Mitchell, in connection with a decision of the Architectural Review Board at its meeting of November 1 3, 2014, denying the request to allow for the installation of replacement windows at 436 Walnut Avenue, S.W., which is not consistent with the H-2 Design Guidelines. As directed by the ARB Chairman, the ARB Agent reached out to the applicant on several occasions to request for a meeting with Mr. Ricky Mitchell to reach alternative solution(s). However, the offer was not accepted by Mr. Mitchell. Recommended Action: The Architectural Review Board recommends that the City Council affirms its decision to deny the issuance of a Certificate of Appropriateness to allow the installation of replacement windows at 436 Walnut Avenue, S.W. 9 Derek B. Cundiff, Chair Architectural Review Board Enclosures: Exhibit A through Exhibit E cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian Shaw, Planning Administrator Jillian Papa Moore, Zoning Administrator Frederick Gusler, City Planner Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Mr. Ricky T. Mitchell, Property Owner Mr. W. R. Gibbs, Harvest General Contractors 4 EXHIBIT A (Application for Certificate of Appropriateness in H-2 Historic District) H-2, Historic Neighborhood Overlay District Application for Certificate of Appropriateness Date of Application io/ Site Address i3/u i,(.Af !Jut Ayr SW Property owner: Name: RoCtCy -r, tu\ it &t.e I Address: 431e 10 fkt$J u- - A VC City 1Z-a&ii o Ke. Stale: Vpr, Zip Code: f W Phone Number: E-Mail: Owner's Representative(ifaoplicaip)i y Name: h'4ityeSt e,u/C4f p COflefi ,tit}e o& fi3 ' X Address � (knit� a� �� t�l City. 5A (.e-M. State: VA Zip Code: 24 153 Phone Number: 546 460 5ioq E-Mail: Application Prepared By: (,b, 7 , cS;6 1,5 Ctrnent Use Single-Family Two•Fami'y(Duplex) Multifamily Townhouse Commercial Commerctaal Describe Use Project Type: Roof Porch 1A Windows and Doors New Construct on Signs Walls and Fences Parking and Paving Demolition Other Acknowledgement of Responsibility; I understand that all app cations requiring review by the ARB must be complete and must be submitted before application deadlines,otherwise consideration will be deferred to the following meeting. I agree to comply with the conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans approved by the ARB. I understand that no changes are permitted without prior approval by the City. Signature of Property Owner Dale: l(��/(e/ky C Section Below to be Completed by Staff Certificate Number Approval By SAPS Agent Other approvals needed. Tax Parcel Number I 3D, ^ Zoning Permit BZA/Planning Commission Base Zoning District: Building Permit Other Agent Architectural Review Board Date: H-2, Historic Neighborhood Overlay District Detailed Project Description Site Address: +3 40 mat / o c : LiJ o,;,u, Property Owner: 7;c.Ky tat 1te_ e tf Replace Lk) e: 5A me 'APP'' 4. Re fv<' C Project Description: Additional information to be submitted: Photographs Site Plan Elevation Drawings Sample, Photograph,or Catalog Pictures of Proposed Material Other: C ,L } t ., _ z C • • ' .r Ij .'`iFN .w.r...r! t— 4 I `�"'`� 1 } a .{ ' is ,tl.. ii: \:' '6.:' . .1 .. %,\1/41 Mfr,�t A 4.M`4,T' °rte y3"'���..' t . p i .r t 7 :-. ..11110 e. . .. • .... ...._ ./.., , , ,,, , ,....„ . _ _ ,....,,,, ...• ......„, .. r. , .. . . , ., \ . • 1 r j. y'vl a s y , • . : !"S '�?I- ° ,• • "t w • f ,..i !. Y \ ,, l >, Gh 'I tit; t' ,. 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V -<cz 0 ct, /7-1A\ 7/4_ 1 1 K \\\C\7\ 1 ,1 i v/nit CD \\//// r J' iii m — lit \ + 1 Lel 0= = // I ‘ 4 --...„ L. 1 Irli f / / N 1 -Daylight Opening- ta —Ci. Glass Size ui hi.—Sash Size-- -----1 Architectural Detail Manual Primed ZapPack Replacement Picture Sash Section Details ZAP PACK PICTURE I f I i L _ _ __ N J L • I L „ g' = v m a O in m 1 7116 _T U7 O opj iv I 1 VERTICAL SECTION 01/09 Scale: 6" = 1 '-0" • /- A 0 r /I" He i ++ lit' r1/8" 5j8„ I II i r----1 r a 7 iii At __________ r�/8„ K.di A 1'LPAI- _"'_ �1 ► A\ I 1/2' 1/2,: Daylight Opening - , '1 1/4"--i Glass Size (-1 1/4"---. / Sash Size Primed Zap DH Horizontal Section EXHIBIT B (Staff report to ARB, November 13, 2014) AGENDA ITEM IV. C. November 13, 2014 Mr. Derek Cundiff, Chair and Members of the Architectural Review Board Roanoke, Virginia Dear Members of the Board: Subject: Request from Mr. Ricky T. Mitchell, represented by Mr. W. R. Gibbs, Harvest General Contractor, to replace the existing windows throughout the existing single-family home with new wood windows matching existing, at 436 Walnut Avenue, S.W. Background: The building at 436 Walnut Avenue, S.W., is a 2 %-story single-family house located within the Historic Neighborhood Overlay (H-2). The applicant requests approval for the following work: 1. Removing all existing windows throughout the 2-story single-family house. 2. Install new energy efficient insulated glass wood windows to match the existing. Findings: The H-2 Architectural Design Guidelines recommend the following: Window Replacements: • Replace entire windows only when they are missing or beyond repair. • If owners choose to remove and replace their historic windows they must first present sufficient physical and photographic evidence and information to the ARB regarding the condition of the existing windows and the feasibility of repair/replacement in-kind, and replacement with new materials. Replacement should be based upon physical evidence and photo documentation rather than the availability of stock or replacement windows. • If historic windows need to be replaced, consider only the replacement of the sash units themselves and not the entire window frame or surround. • Replace windows to improve thermal efficiency only as a last resort; match existing windows if replacement occurs. • If replacement is warranted, use replacement windows with true divided lites or interior and exterior fixed muntins with internal spacers (known as simulated divided lites,) to replace historic or original windows. Design Application Review Committee comments: • There is are no evidence that existing windows are in disrepair to justify the proposed window replacements. Staff Comments: The proposal is not consistent with the H-2 Design Guidelines mentioned above. 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A: 4. 1' te II:Ik 1 � .,. j t EXHIBIT C (ARB Meeting Minutes of November 13, 2014) CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD November 13, 2014 MINUTES The regular meeting of the Board was held on Thursday, November 13, 2014. The meeting was called to order at 5 p.m., by Derek Cundiff, Chair. Mr. Cundiff read the rules of procedure. Attendance was as follows: Members Present: Katherine Coffield Aaron Copeland Derek Cundiff Mary Dykstra John Fulton Members Absent: Barbara Botkin Others Present: Candace Martin, Secretary Frederick Gusler, Senior Planner Parviz Moosavi-City Planner II Steven Talevi, Assistant City Attorney The following items were considered: 1. Consent Agenda C1. Approval of October 9, 2014 Minutes and Administrative Approvals. Ms. Dykstra made a motion to approve the consent agenda. Ms. Coffield seconded the motion and the consent agenda was approved by a roll call vote of 5-0, as follows: Mr. Fulton-yes Ms. Dykstra-yes Ms. Coffield-yes Mr. Copeland-yes Mr. Cundiff-yes Architectural Review Board Minutes November 13, 2014 Page 2 2. Request from Mr. John Ferguson to remove three aluminum single hung windows (one within the front porch and two on the second floor), replace them with three new wood windows to match the existing, re-install and re-furbish existing third floor, diamond shaped sash window, found in the attic at 732 13th Street, S.W. Mr. John Ferguson appeared before the Board and there were two windows on the right, going to the front door that would be taken out and replaced with original windows facing the street. He said next to the front door was another metal window that would be replaced with a wood window. He said on the second floor metal window would be replaced with a wood window and on the left side, second floor, a metal window would also be replaced with a wood window to match other wood windows in the home. He said the rest of the windows were repairable, except the peak on the attic because there was no window there but would be making a wood window, diamond-shaped to match existing window. Mr. Cundiff asked for public comment and there was none. He asked for staff comments. Mr. Gusler said staff supported the application. He said the applicant had found the third floor original window that matched the existing window on the front elevation. Ms. Dykstra made a motion to approve the application. Mr. Fulton seconded the motion and the application was approved by a roll call vote of 5-0, as follows: Mr. Fulton-yes Ms. Dykstra-yes Ms. Coffield-yes Mr. Copeland-yes Mr. Cundiff-yes 3. Request from Mr. Gary Garst to replace the existing slate roof with laminated shingles due to a fire-damage to a part of the roof structure of the existing two- story house. Repair and replace damaged roof rafters, extend the roof over the existing garage and replace porch shingles with in-kind material at 1401 2nd Street. S.W. Mr. Gary Garst appeared before the Board and said his parents owned the house in the 60's and he had owned it since the 80's. He said in July, lighting struck a tree and set the roof rafters on fire. He said the damage was on the roof on the front side and back side. He said he had been asked to fill out an application to put composite or laminate Architectural Review Board Minutes November 13, 2014 Page 3 shingles back on the home but wanted slate. He said the Insurance Company was invoking a provision in his policy that allowed them to substitute material at their discretion that was antiquated. He said the policy stated it had to be functioning, equivalent replacement materials. He said he disagreed with replacing the slate with shingles because shingles would fades, could be damaged by hail, didn't look like slate, and did not preserve the historic Tudor revival style of the house. He said the home was a picture in the Architectural Review Guidelines. Mr. Cundiff asked for public comments. Ms. Joel Richert 415 Allison Avenue, said the matter was brought up at the Old Southwest Board meeting and no one disagreed with the staff or DARC comments. She said the home contributed to the Historic District and its design and materials were one of the best in the district. She asked the Board to keep the roof slate and asked that they deny the application for cheaper material. She said she wanted to see the slate replaced. Mr. Cundiff asked for staff comments. Mr. Gusler said staff met with the applicant and has spoken with the insurance company and contractors on the property. He said our stance was consistent, that if they wanted a quick approval, they should apply for an in-kind repair/replace form that would allow replacing of the existing material or put back the same material. He said the applicant did apply and was approved for an in-kind repair. He said he was not familiar with the type of shingle that was proposed. He said a slate roof replacement had more analysis that went into it in demonstrating why the slate needed to be torn off or replaced. He said at the time of the application a portion of the roof was damaged but the majority of the roof was intact. He said the pictures shown were from the applicant. He said based on the pictures and the application, he did not know whether the roof could be repaired or the condition of the rafters. He said lacking the rafter information and product information, staff could not support the application and recommended denial. Mr. Garst said the insurance company would allow slate to be put back and the contractor filed an in-kind replacement and was approved however that was not enough of a denial or code requirement for the insurance agent. Mr. Tommy Dowdy, 1348 Maple Avenue, said he lived across the street from the house for 28 years and wanted to see a slate roof from that point on. He said not to approve an inferior product for the roof. Mr. Cundiff asked for clarification on the application regarding repairing roof rafters and extending the roof over the existing garage. Architectural Review Board Minutes November 13, 2014 Page 4 Mr. Garst said there was no roof over the garage but wanted to put a shed roof over it. He said during the summer he wanted to sit under the roof in the shade and it would help dry out the garage underneath. He said he rough drawings. He said he would use the tongue and groove material that was on the soffits and would put a copper standing seam on top of the garage roof. Mr. Cundiff said the Board needed more details for extending the roof. He said if they denied the application, the garage roof request would go along with the application and you couldn't come back with that request for a year. Mr. Gusler said he would be limited in coming back with the same request for the same material. Mr. Cundiff said a denial would preclude him from coming back with any material for an addition. He asked Mr. Garst if he was amendable to removing the garage portion from the application. Mr. Garst said yes. Mr. Talevi asked if the Board was removing items two and three from the application to be considered next month. Mr. Cundiff said it was just item three. He said the repair of roof rafters was going on now and was an in-kind replacement. He said they would discuss items one, two and four. Ms. Dykstra asked the condition of the slate prior to taking it down. Mr. Garst said it was in good condition and plenty of slate was thrown away although he tried to preserve it. Ms. Dykstra said the guidelines were pretty clear. She said if a limited portion was damaged then it needed to be repaired with the same material. Mr. Talevi asked to see the slide of comparisons on the roof coverings. Mr. Garst said the shingles were no comparison for slate. Mr. Talevi asked if shingles were architecturally compatible. Mr. Cundiff said the Board had allowed slate to be replaced with shingles. He said the Board would go out and look at the roof and make the best evaluation. He said in the current situation, they didn't have the benefit of looking at the slate before it was taken off. Architectural Review Board Minutes November 13, 2014 Page 5 Mr. Talevi said the Board needed a positive motion to issue a certificate of appropriateness for items one, two and four. He told the Board to vote no if they were against the motion. Mr. Fulton made a motion to grant the certificate of appropriateness for items one, two and four. Ms. Dykstra seconded the motion and the application was denied by a roll call vote of 0- 5, as follows: Mr. Fulton-no Ms. Dykstra-no Ms. Coffield-no Mr. Copeland-no Mr. Cundiff-no 4. Request from Mr. Ricky T. Mitchell, represented by Mr. W. R. Gibbs, Harvest General Contractor, to replace the existing windows throughout the existing single family home with new wooden windows matching existing at 436 Walnut Avenue, S.W. Mr. Gibbs from Harvest General Contractors appeared before the Board and said there 44 windows on the house and they planned to replace them with wood windows to conserve energy and stop bugs and air coming in through the windows. Mr. Cundiff asked for public comments. Ms. Richert said the original drawings of the home were wonderful and had the best of everything in it. She said she didn't see any reason for replacing the windows. She said there were ways to get help by having interior material put in front of the windows or put storm windows up. She said she didn't want any wood removed. She said the home was beautiful and well kept. Mr. Ricky Mitchell, owner of home, said he loved the house and if it was just him, he would put in storm windows but it was a safety hazard for the person he was taking care of. He said there were problems with noise and dust and the person was confined to two rooms of the house because of health reasons. He said he had to look out for the interest of somebody else. He said he had talked to several people about putting in storm windows but would not help the noise problem. He said the person he was caring for was 75 years old and it was intolerable for him to be in the house because of the noise and dust. Mr. Cundiff asked for staff comments. Architectural Review Board Minutes November 13, 2014 Page 6 Mr. Gusler said he wanted to commend the applicant for the care of the property and that extended to the windows. He said the windows were almost the poster of how an old window should be maintained. He said staff could not support the application because per the guidelines, the conditions were not such that they needed to be replaced and there was no deterioration. Mr. Cundiff asked for Board comments. Ms. Coffield said they went out to the site and thought the windows were in really good shape. She said replacing the windows was not much of a solution for the noise. Mr. Gibbs said the proposed windows provided sound reduction. Ms. Coffield asked if there was any other way maybe interior storm windows that would make it easier to get out in case of a fire. Mr. Gibbs said storm windows were not acceptable for the person living with Mr. Mitchell. He said the other issue was the air. He said the air was coming in and the windows were well maintained. He said he really required the double pane glass that was proposed. Ms. Coffield said based on the tour that the windows were in good condition and did not merit replacement. Mr. Fulton said he concurred with Ms. Coffield. Mr. Cundiff said the Board was given specific guidelines that they had to adhere to. He said they had to be consistent with all property owners even though all cases were different. He said the Board required photographic documentation of how bad the window was so they could approve repair or replace. He said the windows were some of the nicest windows in Old Southwest. He said he understood Mr. Mitchell's concerns and issues but the Board would not be maintaining the guidelines. He said the primary purpose of the Board was aesthetics. Mr. Gibbs asked if they would be denied even if the windows looked just like the existing windows. Ms. Dykstra said the guidelines were crystal clear. She said the guidelines stated to replace windows only when they were missing or beyond repair. She said it was a beautiful home and the windows were gorgeous. Mr. Cundiff said the windows were beautiful. He said the Department of Interior Standards were notoriously strict about doors and windows. Architectural Review Board Minutes November 13, 2014 Page 7 Mr. Gusler said the roll of the Board for the end result was aesthetics but the guidelines were preservation itself. He said the goal was always preserving original materials if they could be preserved. Mr. Copeland made a motion to approve the application. Ms. Dykstra seconded the motion and the application was denied by a roll call vote of 0- 5, as follows: Mr. Fulton-no Ms. Dykstra-no Ms. Coffield-no Mr. Copeland-no Mr. Cundiff-no 5. Request from Community Housing Partners, represented by Mr. Michael George, to replace the front entry door with a window, replace existing wood handrail with a painted wood handrail, repair of front porch with in-kind tongue & groove pine, repair existing vinyl siding, replace existing aluminum corner trims with paintable material, replace the existing rear lattice handrail with a painted wood handrail, repair and paint all but one existing windows, and reduce the height of the kitchen window in the rear of the structure at 630 Day Avenue, S.W. Mr. Michael George said the front entry door was a solid panel steel door and was not original to the house and wanted to replace it with a wood window comparable to the existing window. He said they would weave in siding to match existing siding beneath the window. He said the window would have the same head height and muntin bars. He said painted wood handrail would be installed to match what was in the rear. He said they wanted to remove the lattice in the rear and replace with a handrail. He said the window in the rear would be reduced height because it was in the kitchen of the house. He said it was a standard height counter top and the bottom sash was missing so it would have to be replaced. He said they would come up with a workable solution to the window height if it was the Board's preference. Mr. Cundiff asked for public comments. Ms. Richert said it was a good project. She said she was most concerned about the kitchen window. She said it could be used to grow things in to put in salads and it put light in the kitchen. She said it was a dark room but with the window well it would be very attractive and kept the architectural features of the house. She said she had no objection to taking the lattice down. She said she would like to see the handrail narrower in the rear and metal. Architectural Review Board Minutes November 13, 2014 Page 8 Mr. Cundiff asked for staff comments. Mr. Gusler said staff supported the application. He said he neglected to address the railing in front but typically galvanized pipe was used, he preferred a simple metal design. He said the lattice was an early part of the house but staff supported removing it. He said staff wanted the rear window remain at its current dimensions but the Board approved a similar window on Elm Avenue. He said staff supported all the application but wanted the railing in the front to be metal. Mr. Cundiff asked Mr. George if he was amendable to keeping the height of the window and using a window well along with a metal railing. Mr. George said asked if he could just shift the window up but keep the existing dimensions. Mr. Cundiff said he was more in favor of reducing the height of the window. Ms. Coffield said she worked on a project where instead of a well, they put up a screen to keep the appearance of the window on the outside. Mr. George said he was open to finding a window height solution. He said he was amenable to the metal railing in the front. Mr. Cundiff said everything on the application was approvable except item 6. He said that item could be removed so the applicant could explore options. He said the front handrail would be changed to metal. Mr. George said that was good. He said the handrail did not attach to the column and was a stand-alone railing. Mr. Copeland asked the diameter of the metal pipe he was using. Mr. Fulton said it was an inch and a quarter to an inch and a half. Mr. Cundiff asked if the steps were concrete. Mr. George said the steps were treated lumber. Mr. Cundiff said they would remove any reference towards the rear window from the application and change the front railing to metal. Ms. Dykstra made a motion to approve the amended application for items 1, 2, 3, 4 & 5 with the addition of the metal porch railing. Architectural Review Board Minutes November '13, 2014 Page 9 Mr. Fulton seconded the motion and the amended application was approved by a roll call vote of 5-0, as follows: Mr. Fulton-yes Ms. Dykstra-yes Ms. Coffield-yes Mr. Copeland-yes Mr. Cundiff-yes 6. Request from Mr. David Workman to replace the entire front porch tongue & groove wood decking with a composite material at 609 Allison Avenue S.W. Mr. David Workman said he wanted to use tongue and groove pine which was there now and not composite. He said in the past he tried to sand and recover it but it did not do well. He said a professional painter came in and it still did not do well. He said it would not hold paint and looks raggedy. He said he wanted the property to look as good as possible and would replace all the decking. Mr. Cundiff asked for public comments. Ms. Richert said she approved. Mr. Cundiff asked for staff comments. Mr. Gusler said he was uncomfortable with the administrative approval. He said looking at the condition of the boards it was staffs opinion that most of the boards were in good shape. He said staff recommended repairing boards with like materials rather than replacing the entire porch. Ms. Dykstra said there was some really bouncy places and was in much rougher condition than the photos. She said she was delighted about the pine and was okay with replacement. Ms. Coffield said she agreed with Ms. Dykstra. Mr. Cundiff asked the applicant if he was using tongue and groove. Mr. Workman said it was tongue and groove. MD KC Approved Ms. Dykstra made a motion to approve the application. Ms. Coffield seconded the motion and the application was approved by a roll call vote of 5-0, as follows: Architectural Review Board Minutes November 13, 2014 Page 10 Mr. Fulton-yes Ms. Dykstra-yes Ms. Coffield-yes Mr. Copeland-yes Mr. Cundiff-yes 7. Request to revise a previously approved COA 140053 to include an alternative 2nd floor metal balcony spindles design facing Kirk Avenue at 301 Market Street, S.E. Mr. Larry Degen, Degen Architects, said they came in April for an addition of a balcony when it was converted to a residential unit He said the fabricator wanted to be a little different and it ended up looking different than what was drawn in the plans. He said they wanted to revise the Certificate of Appropriateness to include the new balcony configuration. Mr. Cundiff asked for public comments and there were none. He asked for staff comments. Mr. Gusler said the minutes did not reflect specific language about the design. He said in the DARC meeting a comment was made that the drawings were inconsistent with the photographs. He said the current design was not in keeping with the district. He said there were few balconies in the district and they were more like the one in drawing and not in the picture. He said the balcony did not mimic anything on the building before. He staff supported the application as it was. Mr. Cundiff asked for Board comments. Ms. Dykstra said what was there looked larger than the drawings before. Mr. Degen said the balcony was the same size but optically looked larger. Mr. Cundiff asked if the original balcony had the same radius. Mr. Degen said no, it was rectangular. Ms. Coffield asked if the balcony was designed for two people. Mr. Degen said it was 40 inches to the outer radius and now it was 43 inches to the outside edge of the furthest point. Mr. Copeland said the mounting hardware did not look correct. Mr. Degen said they did not use what was in the plan. Architectural Review Board Minutes November 13, 2014 Page 11 Ms. Coffield said her concern was if the Board approved the balcony they would be opening the door for similar balconies. Mr. Degen said he agreed. He said he was told by staff that it was an individual case. Mr. Cundiff said Mr. Degen was in a position to establish a precedence downtown. Mr. Degen said there was no other balconies like it in the Market area but were similar designs at the Row by the Rail. Mr. Copeland said the balcony looked like something in New Orleans with more flair then the balcony in the first drawing. He said it did not represent the area. Mr. Cundiff said the current balcony was more imposing. Mr. Degen said part of that was the angle the photographs were taken. He said he agreed it was a different animal than what they drew. Ms. Dykstra said it was more imposing and not what the Board approved. Mr. Fulton said the balcony looked larger and more imposing. He said the curved rails added insult to injury. Mr. Cundiff said the original design was very appropriate. Mr. Copeland made a motion to approve the application. Ms. Dykstra seconded the motion and the application was denied by a roll call vote of 0- 5, as follows: Mr. Fulton-no Ms. Dykstra-no Ms. Coffield-no Mr. Copeland-no Mr. Cundiff-no 8. Request for a conceptual review on alteration of the existing wall skins and installing exterior wall mounted light fixtures at 1 Market Square, S.E. Mr. Nathan Harper with Spectrum and the President of Center in the Square showed a presentation of the light fixtures they wanted to install on Center in the Square. He said the Center was interested in sponsorship similar to what the Civic Center and Berglund had done. He said they had met with the City in Planning and Zoning and would be staying within the guidelines. Architectural Review Board Minutes November 13, 2014 Page 12 The Board said it looked great. 9. Vote on a new ARB Agent, Mr. Parviz Moosavi Mr. Fulton nominated Parviz Moosavi as agent to the Architectural Review Board. Ms. Dykstra seconded the nomination and Parviz Moosavi was elected as agent to the Architectural Review Board by roll call vote of 5-0, as follows: Mr. Fulton-yes Ms. Dykstra-yes Ms. Coffield-yes Mr. Copeland-yes Mr. Cundiff-yes There being no further business to come before the Board, the meeting was adjourned at 6:41 p.m. Respectfully submitted: anoliqu, ffig0-3 Candace Martin, Secretary EXHIBIT D (Letter sent to Mr. Ricky T. Mitchell, Denial of COA # 140198) PLANNING BUILDING AND DEVELOPMENT Air ® Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, Virginia 24011 ROA N O K E 540.853.1730 fax 5408531230 plannmu(a roanukeva.pov November 14, 2014 Mr. Ricky T. Mitchell 436 Walnut Avenue, S.W. Roanoke, VA 24016 Dear Mr. Mitchell: Subject: Application for a Certificate of Appropriateness COA140198, 436 Walnut Avenue, S.W. On November 13, 2014, the Architectural Review Board of the City of Roanoke, Virginia, considered your request for replacing existing windows throughout home with new wood windows at 436 Walnut Avenue, S.W. and a Certificate of Appropriateness was denied. The Board found that the application was not consistent with the following H-2 Architectural Design Guidelines: Window Replacements: • Replace entire windows only when they are missing or beyond repair. • If owners choose to remove and replace their historic windows they must first present sufficient physical and photographic evidence and information to the ARB regarding the condition of the existing windows and the feasibility of repair/replacement in-kind, and replacement with new materials. Replacement should be based upon physical evidence and photo documentation rather than the availability of stock or replacement windows. • If historic windows need to be replaced, consider only the replacement of the sash units themselves and not the entire window frame or surround. • Replace windows to improve thermal efficiency only as a last resort; match existing windows if replacement occurs. • If replacement is warranted, use replacement windows with true divided lites or interior and exterior fixed muntins with internal spacers (known as simulated divided lites,) to replace historic or original windows. If you are aggrieved by this decision of the Architectural Review Board, you have the right to appeal the Board's decision to City Council within 30 days of the date of the decision. Information on the appeals process is enclosed. Please contact Parviz Moosavi at 540-853-1 522 if you have additional questions. Sincerely, ? ► l �Q LP 7)7/#3 Candace R. Martin, Secretary City Architectural Review Board /m enclosure cc: Old Southwest, Inc. Mr. W.R. Gibbs, Harvest General Contractor EXHIBIT E (Appeal received by the City Clerk, Thursday, December 11, 2014) 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 1 mail cierk(mroano keva.gov JONATHAN E.CRAFT,CMC City Clerk Deputy City Clerk CECELIA T.WEBB,CMC REVISED Assistant Deputy City Clerk December 23, 2014 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: I am enclosing copy of a Petition for Appeal filed by Ricky Mitchell, in connection with a decision of the Architectural Review Board at its meeting of November 13, 2014, denying your request to amend the previously approved Certificate of Appropriateness to allow for the installation of replacement windows at 436 Walnut Avenue, S. W., which is not consistent with the H-2 Guidelines. The petition was filed in the City Clerk's Office on Thursday, December 11, 2014. Section 36.2-530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 calendar days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition, unless the property owner and the Agent to Architectural Review Board agree to an extension. The Council may affirm, reverse or modify the decision of the Architectural Review Board, in whole or in part, or refer the matter back to the Board. With the concurrence of City Council, a public meeting will be scheduled for Monday, February 2, 2015, at 2:00 p.m., or as soon thereafter as the matter may be heard, to render a decision in connection with the Petition for Appeal filed by Mr. Mitchell. Sincerely, i14-14-"."-:--)T • Stephanie M. Moon Reyno�y 12th MM City Clerk Enclosure Mayor and Members of Council December 23, 2014 Page 2 pc: Ricky Mitchell, 436 Walnut Avenue, S. W., Roanoke, Virginia 24016 Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Jillian Papa Moore, Agent, Architectural Review Board Candace R. Martin, Secretary, Architectural Review Board VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) PETITION FOR APPEAL ) ) This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2-530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s): Ri C �LL6 (Y\t \ c�Ne t 1 2. Doing business as (if applicable): 3. Street address of property which is the subject of this appeal: LI5lo r\LA- 4. Overlay zoning (H-1, Historic Downtown Overlay District, or H-2, Historic Neighborhood Overlay District) of property(ies) which is the subject of this appeal: 0- D- 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: t 3 i ;}c iL 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2-330, if H-1 or Section 36.2-331, if H-2): 3(E -33 t 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: CJ- l J rl n J S 8. Grounds for appeal: LT (c_na,Ssc v6 (t ' cl t L P.v5 cSt(5,)Jlt L l � r,\�., YF�k i c t,4t I� c '+ 4vulC f 1-� tv<<-Y><)*P+ - -tu i e t KC r) ( Cir.1/2'-"\ tYKn,#--1 c.N& 0..6.1( vx.4 Sc-` 1-y- 9. Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City Council: ra;,„L t WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) Signature of Petitioner(s) or (If not Petitioner): representative(s), where applicable: (/. 1% pc ame: flit ()NA c%The t t Name: (print or t e) (print or type) Name: Name: (print or type) (print or type) TO BE COMPLETED BY CITY CLERK: Received by( 1 t. • J.ciloic-2 Date: (Z( 11 ( I _