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Home My WebLink AboutCouncil Actions 07-20-15ROSEN 40297 - 072015 ROANOKE CITY COUNCIL REGULAR SESSION JULY 20, 2015 2:00 P.M. CITY COUNCIL CHAMBER F_1W 4.Lhl 1. Call to Order- -Roll Call. Council Members Price was absent. Council Member Rosen arrived late. 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 Boy Scout Troop No. 5 of Williamson Road, N. W. Welcome. Mayor David A. Bowers. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, July 23 at 7:00 p.m., and Saturday, July 25 at 4:00 p.m.; and video streamed by internet through Rev.Net Technologies, Inc., at hftp: / /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 PRIORTO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. THE CITY CLERK'S OFFICE PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEVA.GOV, CLICK ON THE GOVERNMENT ICON. NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. SPECIAL ASSISTANCE IS AVAILABLE FOR DISABLED PERSONS ADDRESSING CITY COUNCIL. EFFORTS WILL BE MADE TO PROVIDE ADAPTATIONS OR ACCOMMODATIONS BASED ON INDIVIDUAL NEEDS OF QUALIFIED INDIVIDUALS WITH DISABILITIES, PROVIDED THAT REASONABLE ADVANCE NOTIFICATION HAS BEEN RECEIVED BY THE CITY CLERK'S OFFICE. PERSONS WISHING TO ADDRESS COUNCIL WILL BE REQUIRED TO CONTACT THE CITY CLERK'S OFFICE PRIOR TO THE MONDAY COUNCIL MEETING, OR REGISTER WITH THE STAFF ASSISTANT AT THE ENTRANCE TO THE COUNCIL CHAMBER PRIOR TO COMMENCEMENT OF THE COUNCIL MEETING. ONCE THE COUNCIL MEETING HAS CONVENED, THERE WILL BE NO FURTHER REGISTRATION OF SPEAKERS, EXCEPT FOR PUBLIC HEARING MATTERS. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH; HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL - APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE MAY CONTACT THE CITY CLERK'S OFFICE AT 853 -2541, OR ACCESS THE CITY'S HOMEPAGE TO COMPLETE AN ONLINE APPLICATION. THE COUNCIL OF THE CITY OF ROANOKE IS SEEKING APPLICATIONS FOR THE FOLLOWING CURRENT VACANCIES AND /OR UPCOMING EXPIRATIONS OF TERMS OF OFFICE: BUILDING AND FIRE CODE OF APPEALS /AT -LARGE - ONE VACANCY THREE -YEAR TERM OF OFFICE ENDING JUNE 30, 2018 PARKS AND RECREATION ADVISORY BOARD UNEXPIRED TERM OF OFFICE ENDING MARCH 31, 2016. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. ALL MATTERS WILL BE REFERRED TO THE CITY MANAGER FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL, AS HE MAY DEEM APPROPRIATE. Tommy Jordan and Robert Gravely appeared before the Council. Mr. Jordan distributed information regarding the three Summer Concert Series in Elmwood Park on Sunday, August 2 with Morris Day & the Time and Cameo (Gates at 5:00 p.m.), Cost $30.00; Tuesday, August 11 with Old Crow Medicine Show (Gates at 6:00 p.m.), Cost $29.50 advance /$38.50 day of; and on Wednesday, September 9 with Dwight Yoakam (Gates at 6:00 p.m.), Cost $35.00. Tickets at Jeffersoncenter.org or by calling (540) 345 -2550. 4. CONSENT AGENDA (APPROVED 5 -0, Council Member Rosen was not present when vote was recorded) 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. The Mayor called attention to two requests for Closed Meeting. C -1 A communication from Mayor David A. Bowers requesting that Council convene in a Closed Meeting to discuss the 2015 Citizen of the Year Award, pursuant to Section 2.2 -3711 (A)(10), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -2 A communication from the City Attorney requesting that Council convene in a Closed Meeting for consultation with legal counsel to discuss the status of litigation where such consultation in an open meeting would adversely affect the negotiating or litigating posture of the public body, pursuant to Section 2.2- 3711(A)(7), 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 Kirk Bates as a member of the Building and Fire Code Board of Appeals, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C -4 A communication from the City Clerk advising of a vacancy created by unexcused absences of Sonya Echols on the Parks and Recreation Advisory Board for a term of office ending March 31, 2016. RECOMMENDED ACTION: Received and filed. C -5 Reports of qualification of the following individuals: The Honorable Anita J. Price (At- Large), Heidi Schmidt (At- Large), and Dawn C. Board for one -year terms of office, each, commencing July 1, 2015 and ending June 30, 2016; Marcus E. Huffman (At- Large), Benjamin Bazak (At- Large), and Karen Pillis (Public) for two -year terms of office, each, commencing July 1, 2015 and ending June 30, 2017; Lorena Wilson (At- Large), Crystal L. Hall (Public), Charlsie E. Parker (Public), and Ray F. Bemis, III, (Public) for three - yearterms of office, each, commencing July 1, 2015 and ending June 30, 2018, as members of the Youth Services Citizen Board; Wayne F. Bowers as a City of Roanoke representative of the Western Virginia Water Authority for an initial term of office ending June 30, 2019; Robert L. Price, III, (Builder) and Patrick J. Williams (Engineer) as members of the Building and Fire Code Board of Appeals for three - year terms of office, each, ending June 30, 2018; D. David Parr, Jr., as a member of the Roanoke Neighborhood Advocates for a three -year term of office ending June 30, 2018; and Amy G. Moorefield as a member of the Roanoke Arts Commission for a three -year term of office ending June 30, 2018. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: Appropriation of additional grant funds from the Department of Fire Programs to supplement the Fire -EMS budget in the General Fund. Adopted Budget Ordinance No. 40297 - 072015 (5 -0, Council Member Rosen was not present when vote was recorded). 2. Acknowledgement of Western Virginia Workforce Development Board Program Year 2014 Workforce Investment Act (WIA) transition funding for award period January 1, 2014 to December 31, 2015. Adopted Resolution No. 40298- 072015 (5 -0, Council Member Rosen was not present when vote was recorded). COMMENTS OF CITY MANAGER. The City Manager offered the following comments: Greenway Ribbon - Cutting • The Roanoke River Greenway is one mile closerto full connectivity with the opening of a new section that intersects Peters Creek Road. • Roanoke Parks and Recreation will hold an official ribbon - cutting ceremony on Friday July 24. at 11:00 a.m. • Council members are invited to attend this event. • Parking for the ceremony will be near the cul -de -sac at the end of Blue Ridge Drive. • This section of the greenway begins at Anal Way Drive and passes under Peters Creek Road, where it travels adjacent to Blue Ridge Drive. The paved pathway terminates at the Salem City line right next to the MB Contractors corporate office building. National Night Out • Tuesday, August 4 • This event takes place all over the country on the first Tuesday night in August. • Purpose: o Heighten drug prevention awareness. o Generate support for participation in local anti -crime programs. o Strengthen neighborhood spirit and police- community partnerships. • Neighborhood groups that have events planned include: • Airlee Court Neighborhood Watch: LIGHT UP THE NIGHT • Fairland Civic Organization: ANNUAL NEIGHBORHOOD FISH FRY AND BLOCK PARTY • Melrose Rugby Neighborhood Forum, Inc., and Loudon Melrose Neighborhood Organization, Inc.: NEIGHBORHOOD BLOCK PARTY • Northwest Neighborhood Environmental Organization, Inc.: 2ND ANNUAL COMMUNITY PARTY • Southeast Action Forum, Inc., Starview Heights Neighborhood Watch, Riverdale Farm Neighborhood Association, Kenwood Neighbors, Belmont Neighborhood Association: 4th ANNUAL SE NEIGHBORHOOD CELEBRATION • More information can be found at roanokeva.gov /nno Roanoke Fire -EMS will partner with Mattel Toys to participate in their 2015 "Supreme Herd' Matchbox Car Collection • This partnership was first forged in 2011 when Mattel approached the department about being a part of their "Hometown Heroes" campaign. • The campaign was a huge success and Roanoke Fire -EMS was showcased in various toy and other specialty stores across the country. • This is a great way to showcase our internationally accredited Fire -EMS Department and we are pleased that Mattel chose to partner with us for a second time. • Sample cars have been provided to City Council, and be sureto keep an eye out for the Roanoke Fire -EMS Brush Truck wherever Matchbox Toys are sold. b. CITYATTORNEY: Approval of a refund to Glenn D. Cowden for an incorrect assessment of real property situated at 0 Lilac Avenue, N. W. Adopted Resolution No. 40299. 072015 (5 -0, Council Member Rosen was not present when vote was recorded). DIRECTOR OF FINANCE: Amendment of the City Code to reflect interest on delinquent non -tax accounts receivables only be assessed on the principal amount owed, only. Adopted Ordinance No. 40300 - 072015 (5 -0, Council Member Rosen was not present when vote was recorded). 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. 40301 - 072015 (5 -0, Council Member Rosen was not present when vote was recorded). 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: NONE. 11. MOTIONS AND MISCELLANEOUS BUSINESS: NONE. Inquiries and /or comments by the Mayor and Members of City Council. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 12. RECESS - 2:47 P.M. THE COUNCIL MEETING WAS RECESSED UNTIL 7:00 P.M., FOR A CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM, ROOM 451, NOEL C. TAYLOR MUNICIPAL BUILDING. At this point, Council Member Rosen arrived at the meeting (3:00 p.m.) ROANOKE CITY COUNCIL REGULAR SESSION JULY 20, 2015 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. Council Member Price was absent. 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. CERTIFICATION OF CLOSED MEETING. (6 -0) NOTICE: Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, July 23 at 7:00 p.m., and Saturday, July 25 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. A. PUBLIC HEARINGS: 1. Request of Southeastern Site Acquisitions, LLC, to rezone properties located at 0 and 212 Daleton Road, N. E., and 0 and 2548 Orange Avenue, N. E., from Commercial Large Site District and Commercial General District to Mixed Use Planned Unit Development, subject to certain proffered conditions. Maryellen F. Goodlatte, Esquire, Spokesperson. Adopted Ordinance No. 40302- 072015(6.0). 2. Request of Virginia Lutheran Homes, Inc., to amend certain proffered conditions as part of a rezoning of property located at 3804 Brandon Avenue, S. W., which was previously accepted by Roanoke City Council on January 19, 2010, pursuant to Ordinance No. 38709 - 011910. Maryellen F. Goodlatte, Esquire, Spokesperson. Adopted Ordinance No. 40303-072015 (6-0). 3. Request of the City of Roanoke to amend the City's Fee Compendium to create new legal advertising fees for zoning actions that require public hearing notices. Ian D. Shaw, Agent, City Planning Commission. Adopted Ordinance No. 40304-072015 (6-0). 4. Request of the City of Roanoke to vacate an approximate 0.556 acre portion of City -owned property at Brown - Robertson Park, designated as Official Tax Map Nos. 2050307 and 2050402, to create a right -of -way to realign 10'" Street, N. W.; and the dedication by Virginia Department of Transportation of a 0.220 acre portion of property across 10'" Street, N. W., to create a trail head parking area as part of an agreement with the National Park Service and Virginia Department of Conservation and Recreation. Ian D. Shaw, Agent, City Planning Commission. Adopted Ordinance No. 40305-072015 (6-0). 5. Proposal of the City of Roanoke to acquire various easements by "quick take' condemnation proceedings for the Fresno Street -Aspen Street, N. W. Stormwater Drainage Improvement Project, such easements to be across, on, and under parcels of real property located at 1535 and 1541 Fresno Street, N. W., in order to alleviate stormwater runoff. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40306-072015 (6-0). 6. Proposal of the City of Roanoke to acquire one easement by "quick take' condemnation proceedings for the Queen Avenue - Courtland Road, N. W. Stormwater Drainage Improvement Project, such easementto be across, on, and under parcels of real property located at 3140 and 0 Courtland Road, N. W., in order to alleviate stormwater runoff. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40307-072015 (6-0). Proposal of the City of Roanoke to acquire various easements by "quick take" condemnation proceedings for the Cove Road - Andrews Road, N. W. Drainage Improvement Project, such easements to be across, on, and under a certain parcel of real property located at 1610 Cove Road, N. W., in order to alleviate stormwater runoff. Christopher P. Morrill, City Manager. Adopted Ordinance No. 40308-072015 (6-0). B. 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. Jason Lambert, Ricardo Valdivieso, Steven Moon, and Martin Jeffrey appeared before the Council to seek support of an increase in the minimum wage law. Shawn Hunter appeared before the Council to announce that a local grass- roots organization would be hosting a job fair and street rally on Friday, July 24 from 11:00 a.m. — 8:00 p.m., at 11`h Street and Melrose Avenue, N. W., with the job fair being held from 11:00 a.m. — 4:00 p.m. More than 30 employers, speakers and other attractions scheduled. C. ADJOURNED -9:01 P.M. 10 1� CITY OF ROANOKE CITY COUNCIL i 15 Chirac A, urine, S. W. **� Noel C Taylor Munmipal Building, Suite 456 - Roanoke, Virginia 24011 -1536 Telephone (540) 953 -2541 DAN ID A. BOWERS F,o, (540) 853 -1145 Mxwr July 20, 2015 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Council Members William D. Reattach Raphael E. "Ray" Perris Sherman P. Lea Anita 1, Price Court G. Rosen David B. Trickle This is to advise you that I will not be present at the 2:00 p.m. and 7:00 p.m., sessions of Council on Monday, July 20, 2015. Best wishes for a successful meeting. Si' ' Wncru i Anita J. Price Council Member AJP /ctw EIEE RING f DUNDATIDN PRESENTS THE 2015; &eaKu 3kl ,61G L.r_ ELMWOOD PARK - TICKETS AVAILABLE AT IEFFCENTER.ORG �iiAdm ic (J Brig4;4gMices Ewll ® 1.-X.1 MORRIS DAY & THE TIME AND LAMED SUNDAY, AUG. 2, 2015 • GATES AT 5pm $30 HIRVICE HO ,ara;,tlmissiaa rickets atjeOCOefacling or by calling 5403452550 OW MEDICINE SHOW TUESDAY, AUG. 11, 2015 • GATES AT 6pm $29.50 ADVANCE AllivICEEEEI $36.50 DAY OF KIRKEEEE) gen¢fal admission tickets ot'Aconr¢r org or 4 calling 540.345.3650 DWIGHT YOAKAM WEDNESDAY, SEPT. 9, 2015 • GATES AT 6pm $dj ( *SERVICEEEEI gmmralodmission tickets al i¢Ocenr¢ca g or 4 calling 540.3452450 MAGIC CITY I, -.... 94. oavmYdn OPoiiopfiuo smq CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W.. SUITE 452 ROANOKE, VIRGINIA 24011 -1594 I LLHPHONE 040)853444 FAX (540)853.1145 DAN IDA. BOWERS Nfavnr July 20, 2015 The Honorable Vice -Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss the 2015 Citizen of the Year Award, pursuant to Section 2.2 -3711 (A)(10), Code of Virginia (1950), as amended. Sincerely, wu-wk David A. Bowers Mayor DAB:ctw yo4n CITY OF ROANOKE c OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHGRCH AVFNUF, SW �itrarNtiE< ROANOKL, VIRGINIA 24011 -1595 Daniel J. Callaghan TFLLPHONF 540 - 853.2431 City Attorney FAX 540 - 853.1221 EMAIL ciryatty@rwnokeva.dov July 20, 2015 The Honorable David Bowers, Mayor and Members of City Council Roanoke, Virginia Re: Request for Closed Meeting Dear Mayor Bowers and Members of Council: Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys This letter is a request of the City Attorney for a closed meeting with City Council regarding consultation with the City Attorney and briefing by staff pertaining to actual litigation, where such consultation and briefing in open meeting would adversely affect the negotiating or litigating position of City Council. This request is made pursuant to Section 22 -3711. A.7, Code of Virginia (1950), as amended. Respectfully requested, Dani.I4J Ca City Attorney DJC /lsc c5 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chm'ch Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 "1'tk,luoe: (541) 853 -2541 Fax: (541)853 -1145 NI 'IT:PIIANI limail: derk(u,cunoke...... 8 I! M. MOON REYNOLDS, MM(' City ('le, 'k July 21, 2015 Kirk Bates 434 King George Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Bates: CECELIAT. WEBB, CMC Acting Deputy City Clerk A communication from the City Clerk advising of your resignation as a member of the Building and Fire Code Board of Appeals was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, July 20, 2015. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Building and Fire Code Board of Appeals from July 1, 2012 to July 20, 2015. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, Stephanie M. Moon Reynold City Clerk SMM:ctw Enclosure pc: Tina Carr, Acting Secretary, Building and Fire Code Board of Appeals CERTIFICATE OF APPRECIATION PRESENTED TO KIRK BATES AS A MEMBER OF THE BUILDING AND FIRE CODE BOARD OF APPEALS FROM JULY 1, 2012 TO JULY 20, 2015 ON THIS 21ST DAY OF JULY '2015 IN RECOGNITION OF PUBLIC SERVICE RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: k�u ""v11�' uw u 4Y DAVID A. BOWERS STEPHANIE M. MOON R&TNOLDS MAYOR CITY CLERK 6� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fa= (541)853 -1145 STEPHANIE AL MOON REYNOLDS, M MC E -mull: clerk(& }oaaokey..,., City Clerk July 20, 2015 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: CECELIA T. W EBB, CIVIC Acting Deputy City Clerk This is to advise that Kirk Bates has tendered his resignation as a member of the Building and Fire Code Board of Appeals, effective immediately. Z Si e ly e / nie . Moon Reynolds, MMC City Clerk cf CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Snite 456 Roalmke, Virginia 24011 -1536 'I'6ephnnc (540)M3-2541 Eux: (541 ))N53 -1145 S EPIIAN I M. MOON REYNOLDS, MM( C'ily ('le, k July 21, 2015 Sonya R. Echols 3240 Allendale Street, S. W. Roanoke, Virginia 24014 Dear Ms. Echols: CECE W A "I'. W EBB, CM(' Ading DCPU0 ('ily ('Ei k Pursuant to Section 2- 283.1, Code of the City of Roanoke (1979), as amended, City Council must be notified of three consecutive unexcused absences which may result in loss of membership on any Council- appointed bodies. A communication from the City Clerk advising of your absences from meetings of the Parks and Recreation Advisory Board, was before the Council of the City of Roanoke at a regular meeting, held on Monday, July 20, 2015. Please find enclosed a Certificate of Appreciation in recognition of your service to the City of Roanoke as a member of the Parks and Recreation Advisory Board from March 5, 2012 to July 20, 2015, and an aerial view photograph of the Roanoke Valley. Sincerely, Stephanie M. Moon ReynoldMC City Clerk SMM:ctw Enclosure PC: Nicole Ashby, Secretary, Parks and Recreation Advisory Board CERTIFICATE OF APPRECIATION PRESENTED TO SONYA R. ECHOLS AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FROM MARCH 5, 2012 TO JULY 20, 2015 ON THIS 21ST DAY OF JULY 2015 IN RECOGNITION OF PUBLIC SERVICE RENDERED TO THE CITY OF ROANOKE APPROVED: ATTEST: DAVID A.BOWERS STEPI E .M RE} OLDS MAYOR CITY CLERK CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 ru: (540) 853 -1145 STEPIIANIE M. MOON REYNOLDS, NIMC E-mail: elerk(u'roaookeva.6.� City Clerk July 20, 2015 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: CECELIA'1. WEBB, CMC Acting Deputy City Clerk This is to advise of a vacancy created by unexcused absences of Sonya Echols on the Parks and Recreation Advisory Board, for a term of office ending March 31, 2016. S' ere i tep anie M. Moon Reynolds, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W„ Suite 456 Roanoke, Virginia 74011 -1536 TdepLone: (540)353 -2541 Pnr: (540) 353 -1145 S I'EPOANUE M. MOON REYNOLO5, MM(' E -real: elm'kprroa,mkevx.gm' City Clerk CECIAAA'1.. WEBB, CMC Ae ing Uepuly City Clerk July 22, 2015 Aisha Johnson Assistant to the City Manager Roanoke, Virginia Dear Ms. Johnson: This is to advise you that The Honorable Anita J. Price (At- Large), Heidi Schmidt (At- Large), and Dawn C. Board for one -year terms of office, each, commencing July 1, 2015 and ending June 30, 2016; Marcus E. Huffman (At- Large), Benjamin Bazak(At- Large), and Karen Pillis (Public) for two -year terms of office, each, commencing July 1, 2015 and ending June 30, 2017; Lorena Wilson (At- Large), Crystal L. Hall (Public), Charlsie E. Parker (Public), and Ray F. Bemis, III, (Public) for three -year terms of office, each, commencing July 1, 2015 and ending June 30, 2018, have qualified as members of the Youth Services Citizen Board. Sincerely, �. Stephanie M. Moon Holds, MC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, The Honorable Anita J. Price, 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 (At- Large) of the Youth Services Citizen Board for a one -year term of office commencing July 1, 2015 and ending June 30, 2016, according to the best of my ability. So help me God. THE HO O B E ANITA J. PRICE The foregoing oath of office was taken, sworn to, and subscribed before me by The Honorable Anita J. Price this ��day of l Gt(12015. Brenda S. Hamilton, Clerk of the Circuit Court By o Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Heidi Schmidt, 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 (At- Large) of the Youth Services Citizen Board for a one -year term of office commencing July 1, 2015 and ending June 30, 2016, according to the best of my ability. So help me God. HE Ip SCH DT The foregoing oat of office was taken, sworn tom, and subscribed before me by Heidi Schmidt thi day of 2015. Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Dawn C. Board, 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 Youth Services Citizen Board for a one -year term of office commencing July 1, 2015 and ending June 30, 2016, according to the best of my ability. So help me God. DAWN C. BOARD The foregoing oath of office was taken, sworn to, and subscribed before me by Dawn C. Board this;Ac'day of OZIA 2015. Brenda S. Hamilton, Clerk of the Circuit Court B Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Marcus E. Huffman, 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 (At- Large) of the Youth Services Citizen Board for a two -year term of office commencing July 1, 2015 and ending June 30, 2017, according to the best of my ability. So help me God. MARCUS E. HUFF AN The foregoing oath of office was taken, sworn //to, and subscribed before me by Marcus E. Huffman this day of 72/1015. Brenda S. amilton, Clerk of the Circuit Coin By Cle k Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Benjamin Bazak, 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 (At- Large) of the Youth Services Citizen Board for a two -year term of office commencing July 1, 2015 and ending June 30, 2017, according to the best of my ability. So help me God. d BENJAMIN BAZAK The foregoing oath of office was taken, sworn to, and subscribed before me by Benjamin Bazak this 2`? day of E 2015. Brenda S. Hamilton, Clerk of the Circuit Court y Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Karen Pillis, 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 (Public) of the Youth Services Citizen Board for a two -year term of office commencing July 1, 2015 and ending June 30, 2017, according to the best of my ability. So help me God. KAREN MILLIS The foregoing oath of office was taken, sworn to, and subscribed before me by Karen Pills this i�day of � 2015. Brenda S. Hamilton, Clerk of the Circuit Court Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Lorena Wilson, 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 (At- Large) of the Youth Services Citizen Board for a three -year term of office commencing July 1, 2015 and ending June 30, 2018, according to the best of my ability. So help me God. 'JORENA WIL ON The foregoing oath of office was taken, sworn to, and subscribed before me by Lorene Wilson this day ot(�� 2015. Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Crystal L. Hall, 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 (Public) of the Youth Services Citizen Board for a three -year term of office commencing July 1, 2015 and ending June 30, 2018, according to the best of my ability. So help me God. L��4 " CRYSTALL.HALL The foregoing oath of office was taken, sworn to, and subscribed before me by Crystal L. Hall this w it- day of 4 015. B da S. Hamilton, Cler c of the Circuit Court �v / k Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Charlsie E. Parker, 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 (Public) of the Youth Services Citizen Board for a three -year term of office commencing July 1, 2015 and ending June 30, 2018, according to the best of my ability. So help me God. a C t IC -iZIA CHARLSIE E. PARKER The foregoing oath of office was taken, sworn to, and subscribed before me by Charlsie E. Parker this a) day of June. 2015. Bre S. Hamilton, Clerk of the Circuit Court By Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Ray F. Bemis, III, 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 (Public) of the Youth Services Citizen Board for a three -year term of office commencing July 1, 2015 and ending June 30, 2018, according to the best of my ability. So help me God. , /� `'— The foregoing oath of office was taken, sworn to, and subscribed before me by Ray F. Bemis, III, this pSFday of 2015. Brenda S. Hamilton, Clerk of the Circuit Court y Clerk S I'EPBANIE M. MOON REYNOLDS, M M(' City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 "1'elehhone: (5411)853 -2541 Fax: (540) M53 -1145 Ii -nwil: clerk(arunnnkr—,— June 22, 2015 Gayle Shrewsbury, Secretary Western Virginia Water Authority 601 S. Jefferson Street, Suite 200 Roanoke, Virginia 24011 Dear Ms. Shrewsbury: CECELIA'1'. WEBB, CM(' Aeling Peru ly Cily Clerk This is to advise you that Wayne F. Bowers has qualified as a City of Roanoke representative of the Western Virginia Water Authority for an initial term of office commencing July 1, 2015 and ending June 30, 2019. Sincerely, Stephanie M. Moon Reynolds, MC City Clerk SMM:ctw Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, WAYNE F. BOWERS, do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City of Roanoke representative of the Western Virginia Water Authority Board for an initial term of office ending June 30, 2019, according to the best of my ability. So help me God. WAYNE F. BOWERS The foregoing oath of office was taken, sworn to, and subscribed before me by Wayne F. Bowers, this z��dayof.QZZ4 2015. Brenda S. Hamilton, Clerk of the Circuit Court By July 22, 2015 Tina M. Carr, Acting Secretary Building and Fire Code Appeals Board Roanoke, Virginia Dear Ms. Carr: This is to advise you that Robert L. Price, III, (Builder) and Patrick J. Williams (Engineer) have qualified as members of the Building and Fire Code Board of Appeals forthree -year terms of office, each, ending June 30, 2018. Sincerely, (� lit J a } n Stephanie M. Moon Reynolds, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Far: (540)853 -1145 STI !I'IIANIEM.MOONRI;VNOI,DS,hIMC. L -mail elerk(nkovnvkeva.gov Ci1v Clerk CECELIA T. W EDD, CM(' Acting Deputy City Clerk July 22, 2015 Tina M. Carr, Acting Secretary Building and Fire Code Appeals Board Roanoke, Virginia Dear Ms. Carr: This is to advise you that Robert L. Price, III, (Builder) and Patrick J. Williams (Engineer) have qualified as members of the Building and Fire Code Board of Appeals forthree -year terms of office, each, ending June 30, 2018. Sincerely, (� lit J a } n Stephanie M. Moon Reynolds, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Robert L. Price, III, 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 Builder representative of the Building and Fire Code Board of Appeals for a three -year term of office, commencing July 1, 2015 and ending June 30, 2018, according to the best of my ability. So help me God. / ROBERT L. PRICE, III The foregoing oath of offi a was taTken,,. ,sworn to, and subscribed before me by Robert L. Price, III, this lay of 2015. Brenda S. Hamilton, Clerk of the Circuit Court Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Patrick J. Williams, 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 an Engineer representative of the Building and Fire Code Board of Appeals for a four -year term of office, commencing July 1, 2015 and ending June 30, 2018, according to the best of my ability. So help me God. Patrick J. Williams The foregoing oath of office was taken, sworn to, and subscribed before me by Patrick J. Williams this -LIZ&. day of 2015. Brenda S. Hamilton, Clerof the Circuit Court By�� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Clarch Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 '1'eleplinnm (54(1)853 -2541 1.x: (5411) 853 -1145 STEPHANIE M. MOON REYNOLDS, MMC F:mnil: elerk(ntrov,okevn.gar City Clerk CECELIA'1. WEDD, CM( Aeling Deputy City Clerk July 22, 2015 Robert A. Clement, Jr. Neighborhood Services Coordinator Roanoke, Virginia Dear Mr. Clement: This is to advise you that D. David Parr, Jr., has qualified as a member of the Roanoke Neighborhood Advocates for a three -year term of office ending June 30, 2018. Sincerely, Stephanie M. Moon Reynolds, MC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I,-Da D. Parr, 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 Roanoke Neighborhood Advocates for a three -year term of office ending June 30, 2018, according to the best of my ability. So help me God. DAVIE) F). PARR 7r o PpRR,'�9 , "D•7A-vtp Thhee foregoing oath of office was taken, sworn to, and subscribed before me by @avid -D_ Parr this day of 42015. Brenda S. Hamilton, Clerk of the Circuit Court July 22, 2015 Melissa Murray, Secretary Roanoke Arts Commission Roanoke, Virginia Dear Ms. Murray: This is to advise you that Amy G. Moorefield has qualified as a member of the Roanoke Arts Commission for a three -year term of office ending June 30, 2018. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chrurh nvenae, S. W., Suite 456 Runnuke,Virginity 24011 -1536 'I'dr,lnne: (54(1)853 -2541 fan (540)X53 -1145 S I EPI IAN I E M. MOON REYNOLDS, MM( C }mull: clerk(mronnnkevu . eov WEBB, CDC ('ilv('lur k Acling Deputy City Clerk July 22, 2015 Melissa Murray, Secretary Roanoke Arts Commission Roanoke, Virginia Dear Ms. Murray: This is to advise you that Amy G. Moorefield has qualified as a member of the Roanoke Arts Commission for a three -year term of office ending June 30, 2018. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, AMY G. MOOREFIELD, 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 Roanoke Arts Commission for a three -year term of office ending June 30, 2018, according to the best of my ability. So help me God. 44Z OOREFIELD The foregoing oath of office was oaken, sworn to, and subscribed before me by Amy G. Moorefield this 0 "/day of JT 2015. Brenda S. Hamilton, Clerk of the Circuit Court / Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2015. No. 40297 - 072015. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2015- 2016 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 2015 -2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Wearing Apparel 35 -520- 3345 -2064 $15,995 Revenues Fire Program FY15 35- 520- 3345 -3345 15,995 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. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2015 Subject: Department of Fire Programs Grant- Increase Revenue Estimate Background: The Fire Programs Fund was established by the General Assembly during the mid- 1980s. Program guidelines require that funds received by localities are non - supplanting and may not be used to replace existing local funding. Program funds are used to supplement the Fire -EMS budget in the General Fund. On October 9, 2014, City Council accepted and appropriated Department of Fire Programs (DFP) funds totaling $291,416. The City has been notified by DFP that additional funding in the amount of $15,995 will be received. Considerations: City Council action is needed to approve and appropriate the additional DFP funds received and increase the revenue estimate from $291,416 to $307,411. Recommended Action: Adopt the accompanying budget ordinance to appropriate funding and increase the revenue estimate of the DFP FY14 Grant in the amount of $15,995 in the Grant Fund. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance t CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 {` Roanoke, Virginia 24011 -1536 'Pete,)....- (5411) 853-2541 Fax: (540)853 -1145 .S1EP11AN11, M. MOON REYNOLDS, MMC L:Inail: d-ka- aaake,,,.km City Clerk July 21, 2015 George Taratsas, Resource Administrator Workforce Administration and Resources Virginia Community College System James Monroe Building 101 North Fourteenth Street Richmond, Virginia 23219 Dear Mr. Taratsas: (1! ELIA'I'.WEBB,C'M(' Aoin, 1) 1, ('it, (')erk I am enclosing copy of Resolution No. 40298- 072015 acknowledging and recognizing the PY2014 Workforce Investment Act and Workforce Innovation and Opportunity Act funding from the Virginia Community College System in the amount of $15,000.00 for the PY2014 WIA Transition funds for WIOA Transition Activities, for the award period of January 1, 2014, through December 31, 2015, the foregoing funding to be administered by the Western Virginia Workforce Development Board. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, July 20, 2015. Sincerely, P ^� Nit Stephanie M. Moon R nolds, MMC City Clerk pc: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance R. Brian Townsend, Assistant City Manager for Community Development Jane R. Conlin, Director of Human /Social Services IN T111; COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of du1y, 2015. No. 40298- 072015. A RESOLUTION acknowledging and recognizing the PY2014 Workforce Investment Act ( "WIA ") and Workforcc Innovation and Opportunity Act ( "WIOA ") funding from the Virginia Community College System in the amount of $15,000 for the PY2014 WIA Transition funds for WIOA Transition Activities, for the award period of January 1, 2014, through December 31, 2015, the foregoing funding to be administered by the Wester Virginia Workforce Development Board ( "WDB "). WHEREAS, pursuant to the WIA and the WIOA that was enacted on July 22, 2014 and I eplaces the WIA, federal funding is provided to support various programs in support of various client populations as more particularly described in the City Council Agenda Report dated July 20, 2015; and WHEREAS, on February 28, 2013, the WDB was designated as the fiscal agent for WIA funds and administers the federal funds provided by WIA through the Virginia Community College System for Local Workforce Area III, the designated area which encompasses the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke, and the cities of Covington, Roanoke, and Salem. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: I � Council acknowledges and recognizes for the purpose of administering the Western Virginia Workforce Development Board, the PY2014 WIA and WIOA funding in the amount of $15,000 fio n the Virginia Community College System, with no local match from the City, to be used during the award period of January 1, 2014, through December 31, 2015, tier the R- acknowledge Weetem V. Wo,M, cDevdo),"'M FY2013 a.&I19 2 -I4 -2015 propose of administering the PY2014 WIA Transition Cards for WIOA Transition Activities, as more particularly Set out in the City Connell Agenda Report dated .luly 20, 2015, 2. The City Manager is directed to fulloish such additional infcnmation as may he required in connection With the acknowledgement and recognition of the foregoing finding. 3. The City Clerk is directed to provide an attested copy of this Resolution to the Western Virginia Workforce Development Board. ATTEST: City Clerk. It R- recognize Wmvem Vu Wmklbme Developinelt FY20J4 hL lding7 -20 -2015 2 c3" o CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2015 Subject: Funding for Western Virginia Workforce Development Board Workforce Investment Act (WIA) /Workforce Innovation and Opportunity Act (WIOA) Programs Background: The Workforce Innovation and Opportunity Act (WIOA) was signed into law on July 22, 2014 and replaces the Workforce Investment Act of 1998 (WIA). Most WIOA provisions related to Department of Labor Programs take effect July 1, 2015. WIOA Section 503(g)(1) provides for the expenditure of WIA funds on WIOA Transitional Activities. The City of Roanoke is the grant recipient for Workforce Investment Act (WIA) and Workforce Innovation and Opportunity Act (WIOA) funding, thus, City Council must recognize the funding for all grants received in order for the Western Virginia Workforce Development Board to administer WIA and WIOA programs. The Roanoke Valley Alleghany Regional Commission serves as the fiscal agent for WIA and WIOA funds and, therefore, administers the federally funded WIA and WIOA for Area 3, which encompasses the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke, and the cities of Covington, Roanoke, and Salem. WIA and WIOA funding is for four primary client populations: • Dislocated workers who have been laid off from employment through no fault of their own. Services provided these individuals include intensive job search assistance and employment counseling, additional training to upgrade skills or obtain initial certification or degree, on the job training and supportive services. • Economically disadvantaged individuals as determined by household income guidelines defined by the U.S. Department of Labor. Services provided these individuals include intensive job search assistance and employment counseling, additional training to upgrade skills or obtain initial certification or degree, on the job training and supportive services. • Youth who are economically disadvantaged, or who have other barriers to becoming successfully employed adults. Services provided these individuals include career counseling and exploration, incentives to remain in school, work readiness classes, summer work program, mentoring, tutoring and post secondary education /training. • Businesses in need of employment and job training services. The City of Roanoke has received a Notice of Obligation, on behalf of the Western Virginia Workforce Development Board, from the Virginia Community College System, allocating $15,000 of PY2014 WIA Transition funds, for WIOA Transition Activities for award period January 1, 2014 - December 31, 2015. Transition Activities include WIOA Business Summit, Communications /Logo, and signage for Workforce Board office. Considerations: • Program Operations - Existing activities will continue and planned programs will be implemented. • Funding - Funds are available from the Grantor agency and other sources as indicated, at no additional cost to the City. Recommended Action: Recognize the Western Virginia Workforce Development Board PY2014 WIA Transition funds of $15,000, for award period January 1, 2014 to December 31, 2015. Christopher P. Morrill City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Barbara A. Dameron, Director of Finance Jane R. Conlin, Director of Human /Social Services CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chtvch Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 '1 elephonc (540)853 -2541 Fax: (540)853 -1145 N'1'I!PI IAN II! M. MOON REYNOLDS, MMC 6 mail: cicrkGOrannohevngnv City Clerk July 21, 2015 Glenn D. Cowden 4535 Long Acre Drive Roanoke, Virginia 24019 Dear Mr. Cowden: CECELIA1. WF,UD, CHIC Acting Deputy City Clerk I am enclosing copy of Resolution No. 40299- 072015 authorizing and directing the City Treasurer to refund to Glenn D. Cowden an overpayment of an erroneous assessment of real estate taxes, including any penalties and interest, on real property located on 0 Lilac Avenue, N. W., previously owned by Glenn D. Cowden (the "Parcel') for the 2015, 2014, 2013, and 2012 tax years, together with interest at the annual rate of 10 percent, in accordance with the provision of Section 58.1- 3981.A, Code of Virginia (1950) as amended; and authorizing the proper City officials to take such other actions as may be necessary to implement, administer, and enforce this Resolution. The abovementioned measure was adopted by the Council of the City of Roanoke at its regular meeting held on Monday, July 20, 2015. Sincerely, Stephanie M. Moon Rey olds, MC City Clerk PC: The Honorable Evelyn W. Powers, City Treasurer The Honorable Sherman A. Holland, Commissioner of the Revenue Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of Ju1y, 2015. No. 40299 - 072015. A RESOLUTION authorizing and directing the City Treasurer to refund to Glenn D. Cowden an overpayment of an erroneous assessment of real estate taxes, including any penalties and interest, on real property located on 0 Lilac Avenue, N.W., Roanoke, Virginia, hearing Official Tax Map No. 2631010, previously owned by Glenn D. Cowden (the "Parcel ") for the 2015, 2014, 2013, and 2012 tax years, together with interest at the annual rate of 10 %, in accordance with the provision of Section 58.1 -398LA of the Code of Virginia (1950) as amended; and authorizing the proper City officials to take such other actions as may be necessary to implement, administer, and enforce this Resolution. 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 .July 20, 2015, that, as a result of an indexing error Glenn D. Cowden has paid real estate taxes due on the Parcel at a time with Glenn D. Cowden was not the owner of the Parcel and is entitled to a refund of the taxes, interest and penalties paid by Mr. Cowden, together with interest at the annual rate of 10% for tax years 2012 through and including 2015 in the aggregate amount of $869.81. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Pursuant to Section 58.1 - 3981A 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 Glenn D. Cowden the amount of $869.81 which amount reflects the payment of real estate taxes made on the Parcel as a result of K AMeaswesVCowdo,, Glenn n Refiind rf Real nstatc I" paymants 2015.doee 7/14/15 an erroneous billing of taxes for tax years 2012 through and including 2015, and together with penalties and interest, at the annual rate of 10% from the dates of such payments. The proper City officials are authorized to take such other actions as may be necessary to implement, and cufm cc this Resolution. ATTIST: City Clerk. K WeasurtsVCowden, Glenn D Refbod of Real ESlata I a, payment, 2015 dooI 9/14/15 Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BCILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011.1595 The Honorable David Bowers, Mayor and Members of City Council Roanoke, Virginia TELEPHONE 540.853 -2431 FAX 540 - 853.1221 EMAIL: ciryatty@roanokeva.gov July 20, 2015 Re: Approval of refund for erroneous payment of real estate taxes 0 Lilac Avenue, N.W. Official Tax Map No. 2631010 Glenn D. Cowden Dear Mayor Bowers and Members of Council: BACKGROUND Timothy R. Spencer Steven J. Talevi David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys Glenn D. Cowden and his spouse owned two adjacent parcels of real estate in Roanoke, located at 0 Lilac Avenue, N. W. (Official "Pax Map No. 2631010) and 3504 Lilac Avenue, N.W. (Official Tax Map No. 2631011). In 2008, the holder of the deed of trust on both parcels foreclosed on both parcels and transferred both parcels to another individual. The deed of trust included a reference to only one parcel (Tax Map No. 2631011) although the description of the properties transferred in the foreclosure included both parcels. The City's real estate tax records recorded the purchaser of the parcel at 3504 Lilac Avenue, N.W. as the owner of this parcel. Due to the indexing error by the holder of the deed of trust, the City's tax records continued to identify Mr. Cowden as the owner of the property at 0 Lilac Avenue. Mr. Cowden continued to receive lax bills for this parcel and continued to pay these bills. Recently, the Commissioner of the Revenue discovered this error and contacted Mr. Cowden. The tax records have been corrected. However, Mr. Cowden is entitled to a refund of all taxes paid, together with interest at the annual rate of ten percent (10 %), for the current tax year (2015) and the previous three (3) tax years (2012 through 2014). The aggregate amount due Mr. Cowden is $869.81 which amount is the sum of (i) $751.91 for taxes, interest and penalties paid by Mr. Cowden; and (ii) $117.90 for accrued interest. The Commissioner of the Revenue will certify that Mr. Cowden was erroneously assessed for these taxes and is entitled to this refund. A copy of the form of certification is attached to this Report. RECOMMENDED ACTION Adopt a resolution to (i) authorize the Treasurer to issue a refund to Mr. Cowden in the amount of $869.81 for the payment of real estate taxes erroneously assessed to Mr. Cowden and; (ii) authorize such other actions as may be necessary to implement, administer, and enforce this resolution. Respectfully submitted, Dan allaghar City Attorney DJC/lsc Enclosure: Certificate of the Commissioner of the Revenue c: Council Appointed Officers Barbara A. Dameron, Director of Finance Sherman Holland. Commissioner of the Revenue Evelyn Powers, 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 L. Collins, Assistant City Attorney CERTIFICATION OF THE COMMISSIONER OF THE REVENUE PURSUANTTO SECTION 58.1-398 LA, CODE OF VIRGINIA (1950), AS AMENDED I, Sherman A. Holland, Commissioner of the Revenue, hereby certify, pursuant to Section 58.1 -398LA Code of Virginia (1950), as amended, that Glenn D. Cowden was erroneously identified as the owner of a parcel of real estate situated at 0 Lilac Avenue, N. W., Roanoke, Virginia, bearing Official Tax Map No. 2631010 (the "Parcel") and, as a result, Mr. Cowden was erroneously assessed real estate taxes for the Parcel. Mr. Cowden is entitled to a refund, together with interest at the annual rate of 10 %, in the aggregate amount of $869.81. Dated this ZO day of July, 2015. J Sherman A. Holland Commissioner of the Revenue Consented to pursuant to Section 58.1-398 LA, Code of Virginia (1950), as amended. 60- 'A Qllorffl�l— O7?o•20 5 Daniel J. 4WIlaghan Date City Attorney L:AATTORNEYVCASE SIIARE\CITY ATTORNEY LETTERS TO COUNCILACERTIFICATION OF THE COMMISSIONER OF THE REVENUE. f0 cowdendoc 7/20115 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 'Edephonc (540)853 -2541 Fnr: (540)853-1145 .S'rEP11AN11, M. MOON REYNOLDS, MMC E'n,aL: 111.Wl oanokeva_gov ('11v Clerk July 21, 2015 Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32316 Ladies and Gentlemen: CECELIA "I'. WEDB, CMC Acting Deputy City Clerk I am enclosing copy of Ordinance No. 40300 - 072015 amending Section 2- 178.1, Interest rates on overdue accounts, of Article VIII, Finance Generally, of Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, to provide for the assessment of interest on the principal amount only, of delinquent non -tax accounts receivables owed the City, as authorized pursuant to Section 15.2 -105, Code of Virginia (1950) as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2015; and is in full force and effect upon its passage. lncerely, Stephanie M. Moon olds MC City Clerk Enclosure PC: The Honorable Evelyn W. Powers, City Treasurer 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, Office of the Magistrate Joey Klein, Law Librarian Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance N(' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2015. No. 40300- 072015. AN ORDINANCE amending Section 2- 178.1, Interest rates on overdue accounts, of Article Vlll, Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, to provide for the assessment of interest on the principal amount only, of delinquent non -tax accounts receivables owed the City, as authorized pursuant to Section 15.2 -105 of the Code of Virginia (1950) 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. Section 2- 178.1, Interest rates on overdue accounts, of Article VIII, Finance Generally, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: Sec. 2- 178.1. - Interest rates on overdue accounts. Interest at the rate established by section 15.2 -105, Code of Virginia (1950), as amended, shall be assessed upon the principal and penalty oifaoy even °der city aCkxnaiie- exwhklo;r {art arcouniv.- and water -and s<wvrr aety"If+,owed on any overdue city account, excludlnl, t to nccounts, from the first day following the day such account is due No interest shall be rsgcsscd on any penalties assessed pursuant to this section. - -- 2. Pursuant to §12 of the Roanoke City Charter the second reading of this ordinance by title is hereby dispensed with. 3. This ordinance shall be in full force and effect iuunediately upon its adoption. ATTEST: �Yiri. iMqt�� City Clerk. O -City Code Amendment- Inmrest Sect -198.1 Q) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2015 Subject: Interest Calculated on Penalty Charges for Miscellaneous Delinquent Non -tax Accounts Background The Code of Virginia Title 15.2 Section 105 allows cities to charge and collect interest on penalty of all accounts due a locality. The City of Roanoke's code requires that interest be charged on penalty of any overdue city accounts. On August 13, 2015, the City is scheduled to implement an upgrade to the Advantage Financial System. Data processed in a test environment of the new software verifies that interest is calculated correctly on the principal amount of delinquent non -tax accounts, however, interest is not calculated on the penalty. Investigation into this matter revealed that the interest calculation on penalty is considered an enhancement to the Advantage Financial System. Staff is working with the software provider to remedy this issue; however, because this calculation would be considered an enhancement, it could take up to a year or longer for the vendor to offer interest calculation on penalty as an available option. In order to proceed with the upgrade to Advantage as scheduled, we are requesting City Council adopt the attached ordinance, amending Section 2- 178.1 of the City Code to provide that interest shall only be assessed upon the principal amount of the delinquent non -tax account, with no interest assessed on the amount of any penalty. This change will allow us to proceed with the implementation of the upgrade to the Advantage Financial System, and remain in compliance with the City Code. Interest shall continue to be assessed on the principal and any penalty of delinquent tax accounts, as authorized pursuant to other applicable provisions of the City Code. Considerations: This system is used for delinquent non -tax accounts receivables, such as weed and demolition abatements, inoperative vehicles, emergency medical services, police and fire alarm registrations and false alarms, and numerous other miscellaneous charges. Historical trends show that approximately $23,000 in interest is charged annually on penalty of delinquent accounts, with the exception of emergency medical services. Unfortunately, in the legacy system we are unable to determine the amount of interest charged on penalty for delinquent emergency medical service accounts. In fact, the legacy system has limited reporting capabilities. In addition, the integrity of the reports that are available is questionable. As a result of these constraints and other factors, actual collection of interest on penalty amounts to approximately only $3,000 annually. Moving forward with the software implementation will allow for improved and reliable reports and data, and, therefore, allow for better accountability of the collection effort. Recommended Action: Adopt the accompanying resolution, modifying Chapter 2, Article VIII, Section 2- 178.1 of the City Code to provide that interest on delinquent non -tax accounts receivables shall only be assessed on the principal amount owed, and not on any penalty. c-tarbah A. Dame on Director of Finance Distribution: Council Appointed Officers CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 'Telephone: (540)851 -2541 Fax: (540) 853 -1145 F: -mail: elerk(ajoaaokeva.gGv ('F.0 FIFA 1. WEDR,(1M(' 5'IT:PIIANI E M. MOON REYNOLDS, MMC Acting Depnty City Clerk City Clerk July 21, 2015 Cindy Poulton, Clerk Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Ms. Poulton: I am enclosing copy of Budget Ordinance No. 40301 - 072015 to appropriate funding from the Federal and Commonwealth for various educational programs, amending and reordaining certain sections of the 2015 - 2016 School Grant Fund Appropriations. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2015; and is in full force and effect upon its passage. Sincerely, Stephanie M. M00%Re=s'MZ'nk" City Clerk Enclosure PC: Dr. Rita Bishop, Superintendent, Roanoke City Public Schools, 40 Douglass Avenue, N. W., Roanoke, Virginia 24012 Christopher P. Morrill, City Manager 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 '['he 20th day If July, 2015. No. 40301 - 072015. AN ORDINANCE to appropriate funding from the Federal and Commonwealth for various educational programs, amending and reordaming certain sections of the 2015 -2016 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 2015 -2016 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Instructional Supplies Teacher Supplies Social Security Health /Dental Professional Services 302 -110- 0000 - 1070 -134J- 61100- 46614 -9 -09 302 - 110 -0000- 1000 -318J- 61100- 41129 -9 -01 302 - 110 -0000 -1000- 318J -61100 - 42207 -9 -07 302 - 120 - 0000- 1050 - - 61410 - 42204 -9 -09 302 - 120 -0000 -0000 -121 121 H H -67100 <3311 -9 -02 $ 1,700 2'787 213 750 71,600 Revenues Federal Grant Receipts State Grant Receipts State Grant Receipts Federal Grant Receipts 302 -000 -0000 -0000 -134J - 00000 -38013 302 -000 -0000 -0000 -318J -00000 -32467 302 -000 -0000 -0000 -330K -00000 -32418 302 -000 -0000 -0000 - 721 H - 00000 -38173 -0 00 -0 00 -0 00 -0 00 $ 1.000 3,000 150 11,000 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 C k. il` Uh Ll ROANOKE CITY PUBLIC SCHOOLS Revised Appropriations Additional Award Special Education in Local and Regional Jails 2015 -2016 $ 158.65 IDEA Part B, Section 619 Preschool 2013 -2014 $11,000.00 On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. Poulton Clerk pc: Dan Callaghan Chris Morrill Barbara Dameron Suzanne P. Moore Rita D. Bishop Kathleen Jackson Acquenatta Harris (w /details) .wW.rms.info P: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 School Board July 20, 2015 Suzanne P. Moore Chairman Lori E. Vaught The Honorable David Bowers, Mayor Vice Chairman and Members of Roanoke City Council Roanoke, VA 24011 Mark K.Cathey William B. Hopkins, Jr. Dear Members of Council: Annette Lewis Laura D. Rottenborn As a result of official School Board action on Tuesday, July 14, 2015, Dick Willis the Board respectfully requests that City Council approve the Dr. Rita D. Bishop following appropriation requests: Superintendent New Appropriations Award Cindy H. Poulton Title I, Part D Detention Center Literacy Clerk of the Board Program 2014 -2015 $1,000.00 Career Switcher Mentoring Program 2014 -15 $3,000.00 Revised Appropriations Additional Award Special Education in Local and Regional Jails 2015 -2016 $ 158.65 IDEA Part B, Section 619 Preschool 2013 -2014 $11,000.00 On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. Poulton Clerk pc: Dan Callaghan Chris Morrill Barbara Dameron Suzanne P. Moore Rita D. Bishop Kathleen Jackson Acquenatta Harris (w /details) .wW.rms.info P: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 o ' CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2015 Subject: School Board Appropriation Request Background As the result of official School Board action at its July 14, 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, 2015. The Career Switcher Mentoring Program 2014 -15 grant of $3,000 provides state funds to enable school divisions to provide a teacher mentor for each new teacher who has entered the profession through an alternative career switcher route. This program will be fully reimbursed by state funds and is a continuing program. The Special Education in Local and Regional Jails 2015 -16 grant of $159 provides state funds for special education teachers to serve the Roanoke City Jail. The funds also provide for administrative support associated with providing those services. This is an increase to the original award allocation, will be fully reimbursed by State funds and will end March 31, 2016. The IDEA Part B, Section 619 Preschool 2013 -14 grant of $11,000 provides funding to support early childhood educational services for students with disabilities. This is an increase to the original award allocation and will be used for the purchase of materials and professional development for all early childhood staff. This program will be fully reimbursed by federal funds and will end September 30, 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. 'Xi, Barbara 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 Chief Financial Officer, RCPS tSF CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Fax: (540)853 -1145 E -mnil: el,iku1r.nrkyvu.g., CECEI.IAT. WEDD, CIVIC S I IiP11AN18 M. MOON REYNOLDS, MMC Acting Deputy City Clerk City Clerk July 21, 2015 Maryellen F. Goodlatte, Esquire Glenn, Feldmann, Darby and Goodlatte P.O Box 2887 Roanoke, Virginia 24001 -2887 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 40302 - 072015 rezoning certain property located at one unaddressed lot on Daleton Road, N. E., 2512 Daleton Road, N. E., one unaddressed lot on Orange Avenue, N. E., and 2548 Orange Avenue, N. E., from CLS. Commercial -Large Size District, to MXPUD, Mixed Use Planned Unit Development District, subject to certain conditions proffered by the applicant, as set forth in Zoning Amendment Application No. 1 (Revised) dated July 8, 2015; and to have property located at 2548 Orange Avenue, from CG, Commercial - General District, to MXPUD. Mixed Use Planned Unit, Development District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Application No. 1 (Revised) dated July 8, 2015. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2015; and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Hold MC City Clerk Enclosure Maryellen F. Goodlatte, Esquire July 21, 2015 Page 2 PC: Adjoining Property Owners Philip C. Schirmer, City Engineer Susan S. Lower, Director, Real Estate Valuation Steven J. Talevi, Assistant City Attorney Tina Carr, Secretary, City Planning Commission Katharine Gray, Land Use and Urban Design Planner Ian Shaw, Agent, City Planning Commission Kennie Harris, GIS Analyst It `A1\.`\, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2015. No. 40302- 072015. AN ORDINANCE to rezone certain property located at one (1) unaddressed lot on Daleton Road, N.E., 2512 Daleton Road, N.E., one (1) unaddressed lot on Orange Avenue, N.E., and 2548 Orange Avenue, N.E., subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Southeastern Site Acquisitions, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have property located at one (1) unaddressed lot on Daleton Road, N.E., 2512 Daleton Road, N.E., and one (1) unaddressed lot on Orange Avenue, N.E., bearing Official Tax Map Nos. 7130116, 7130102, and 7130103, respectively, rezoned from CLS, Commerical -Large Size District, to MXPUD, Mixed Use Planned Unit Development District, subject to certain conditions, and to have property located at 2548 Orange Avenue, N.E., bearing Official Tax Map No. 7130101, rezoned from CG, Commercial - General District, to MXPUD, Mixed Use Planned Unit Development 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 July 20, 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 be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described Property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 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 have property located at one (1) unaddressed lot on Daleton Road, N.E., 2512 Daleton Road, N.E., and one (1) unaddressed lot on Orange Avenue, N.E., bearing Official Tax Map Nos. 7130116, 7130102, and 7130103, respectively, rezoned from CLS, Commerical -Large Size District, to MXPUD, Mixed Use Planned Unit Development District, subject to certain conditions proffered by the applicant, as set forth in Zoning Amendment Application No. I (Revised) dated July 8, 2015; and to have Property located at 2548 Orange Avenue, N.E., bearing Official Tax Map No. 7130101, rezoned from CG, Commercial- General District, to MXPUD, Mixed Use Planned Unit Development District, subject to certain conditions proffered by the applicant, as set forth in tine Zoning Amendment Application No. 1 (Revised) dated July 8, 2015. 2 2. Pursuant to the provisions of Section 12 of the City Chatter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2015 Subject: Application by Southeastern Site Acquisitions, LLC, to rezone property located at 0 Daleton Road, N.E., bearing Official Tax Map Number 7130116, 2512 Daleton Road, N.E., bearing Official Tax Map Number 7130102, 0 Orange Avenue, N.E., bearing Official Tax Map Number 7130103, from CLS, Commercial -Large Site District, and 2548 Orange Avenue, N.E., bearing Official Tax Map Number 7130101, from CG, Commercial - General District, to MXPUD, Mixed Use Planned Unit Development District, with conditions. Recommendation The Planning Commission held a public hearing on Monday, July 13, 201 S. By a vote of 7 - 0 the Commission recommended approval of the rezoning request, finding that the Amended Application No.l (Revised) is consistent with the City's Comprehensive Plan, Hollins /Wildwood Area Plan, and Zoning Ordinance as it maximizes development potential of the site in a manner that is sensitive to its relationship with the adjoining neighborhood. Application Information Request: Rezoning Owner.* John R. Patterson, Executor of the Estate of Mary T. Hylton, Deceased William Frank Hylton Wilna Caudill Hylton John Moir Hylton Linda H. Hylton Bellavista Holdings, LLC Applicant- Southeastern Site Acquisitions, LLC Authorized Agent: Maryellen F. Goodlatte, Glenn Feldmann Darby & Goodlatte City Staff Person. Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 0 Daleton Road, N.E., 2512 Daleton Road, N.E., 0 Orange Avenue, N.E., and 2548 Orange Avenue, N.E., Official Tax Nos.: 71301 16, 7130102, 7130103, 7130101 Site Area: Approximately 1 8.21 acres Existing Zoning: CLS, Commercial -Large Site District, and CG, Commercial - General District Proposed Zoning: MXPUD, Mixed Use Planned Unit Development District Existing Land Use: Vacant and Motor Vehicle Repair or Service Establishment Proposed Land Use: Dwelling, Multifamily and Community Center Neighborhood Plan: Hollins /Wildwood Area Plan Specified Future Land Use: Mixed Residential, Single- family, High Density; and General Commercial Filing Date: Original Application: Mar 30, 2015 Amended Application No.l : Jun 24, 2015 Amended Application No.l (Revised): Jul 08, 201 5 Background In March 2015, the applicant met with staff to discuss the possibility of building a multifamily apartment complex on property containing multiple parcels between Daleton Road and Orange Avenue. The majority of the property is part of an estate and is vacant. The property is currently zoned for large scale commercial use and general commercial use. In March 2015, the applicant met with the surrounding property owners and neighborhood representatives to discuss their plans. In March 2015, the applicant filed an application to amend the zoning for the property from CLS and CG to MXPUD. The development plan shows two phases of development with a final build out of nine multifamily buildings housing a total of 324 dwelling units and a community center arranged around two courtyards in the center of the property. The development plan includes two vehicular entrance /exits from Orange Avenue with right -of -way improvements to meet the vehicular demand. The PUD plan specifically prohibits vehicular access to Daleton Road, N.E. Several retaining walls are located around the perimeter of the site and a 20 feet wide landscape buffer wraps around the back edge of the property along Daleton Road. A landscape plan and building elevations are part of the PUD development plan. The applicant also submitted a traffic study, approved by the Transportation Division, documenting appropriate changes to be made along Orange Avenue based on the new development. The proposed right -of -way improvements include curb, gutter, and sidewalk on the north side of Orange Avenue, N.E, improved left turn lanes and right turn tapers, and dedication of right -of -way to accommodate anticipated VDOT improvements along the Orange Avenue /U.S. Route 460 corridor. In June 201 5, the applicant filed Amended Application No. 1 to rezone the property. The application revisions included changes in buffer location, landscaping, roadway, retaining wall, and text notations in the development plan and landscape plan. The applicant later filed Amended Application No. 1 (Revised) clarifying an attachment listed and noting 'with conditions' on the first page of the application and clarifying a tax parcel labeled on the zoning district map. Development Plan - Conditions Proffered by the Applicant As a MXPUD, 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: Compliance with the Zoning Ordinance: For apartment use, the minimum lot area required per dwelling unit in the proposed MXPUD district is 1,800 square feet; the development plan provides 2,448 square feet per dwelling unit. The impervious surface ratio maximum is 80 percent; the development plan depicts approximately 53 percent. The minimum tree canopy requirement for the property is 15 percent and the plan provides for that. Conformity with the Comprehensive Plan and Neighborhood Plan Both Vision 2001 -2020 and the Hollins /Wildwood Area Plan recognize the need for infill housing that is compatible with the surrounding area. The site is a large property that is bordered by commercial along Orange Avenue to the south and single - family residential to the north. The multiple parcels within the property contain vacant land, a single residential structure, and a commercial establishment. The change in zoning will allow for a development that will better reflect the transition from smaller single family residential along Daleton Zoning District Land Use North R -5, Residential Single- family detached dwellings Single-Family District South CG, Commercial- Gasoline Station; Retail Sales Establishment, General District and Not Otherwise Listed; Office, General or MX, Mixed Use Professional; Motor Vehicle Repair or Service District Establishment; and Dwelling, Single - Family Detached East R -5, Residential Single- family detached dwellings Single-Family District West R -5, Residential Vacant Single - Family District Compliance with the Zoning Ordinance: For apartment use, the minimum lot area required per dwelling unit in the proposed MXPUD district is 1,800 square feet; the development plan provides 2,448 square feet per dwelling unit. The impervious surface ratio maximum is 80 percent; the development plan depicts approximately 53 percent. The minimum tree canopy requirement for the property is 15 percent and the plan provides for that. Conformity with the Comprehensive Plan and Neighborhood Plan Both Vision 2001 -2020 and the Hollins /Wildwood Area Plan recognize the need for infill housing that is compatible with the surrounding area. The site is a large property that is bordered by commercial along Orange Avenue to the south and single - family residential to the north. The multiple parcels within the property contain vacant land, a single residential structure, and a commercial establishment. The change in zoning will allow for a development that will better reflect the transition from smaller single family residential along Daleton Road to commercial development along the Orange Avenue portion of the property than currently exists. Relevant Vision 2001 -2020 policies: NH P1. Sustainable population. Roanoke will have a balanced, sustainable population. Roanoke will promote its urban assets, diversity, convenience, and affordability to retain existing residents and attract new ones. NH P5. Housing choice. The City will have a balanced, sustainable range of housing choices in all price ranges and design options that encourage social and economic diversity throughout the City. • NH P6. Housing clusters. Development of housing clusters will be used to encourage and promote neighborhood revitalization, replace derelict or neglected structure, and complement the surrounding neighborhood. Relevant Hollins /Wildwood Area Plan Policies: Community Design Policies • Neighborhood Character: Established neighborhoods should retain their current character and development patterns. Higher density residential development should be concentrated on the edges of commercial development and closer to arterial streets. Residential Development Recommendations • Neighborhood Character: Older neighborhoods should retain their current residential character. • New development: New development should be well - planned and use limited land resources wisely. Infrastructure should be installed in conjunction with new development, including street improvements to address added traffic. Infrastructure Recommendations New Development: Infrastructure: Infrastructure should be installed in conjunction with new development, including street improvements to address added traffic. Traffic studies by prospective developers may be required. • Stormwater Drainage: Stormwater runoff should be mitigated as much as possible through improvements that are consistent with the character of the neighborhood. The proposed development plan achieves many of the policies noted above from the plans. It uses a mostly undeveloped property for a mixed density development along a major commercial corridor. The design is sensitive to the adjoining neighbors' concerns about retaining the residential character of their street to the north of the site by reducing the intensity of the allowable development through the rezoning as well as providing a treed buffer along Daleton Road, landscaping to prevent headlight from shining onto their property, and elevations of the proposed building reflecting a traditional residential nature. The traffic was studied and right -of -way improvements approved by the Transportation Division as appropriate are listed on the development plan. The stormwater drainage was preliminarily addressed in the plan, and agreement noted on the plan for any needed changes as required during development review, and the Stormwater Division reviewed the existing stormwater system in the area and determined that sufficient capacity exists to handle the proposed development. Planning Commission Work Session: The following items were discussed in the Planning Commission Work Session for compliance with City policy and ordinances. • Move the landscape buffer along the northern edge of the property to align with the property line along Daleton Road with detention and bioretention basins to the inside of the buffer. • Show proposed fencing around dry detention basins /ponds. • Move retaining walls shown currently along Daleton Road towards the parking area and inside of the landscape buffer. • Retaining wall location /grading on the plan should reflect the increased height allowed to increase spacing between walls for plantings /reduce the number of retaining walls while keeping a human scale. • Show all underground detention proposed on plan. • Future R/W Line should be listed as Proposed ROW Line. • Add language regarding landscaping: Actual parking area and parking area canopy to be assessed during development review. • Clearly denote the extent of the location of the large evergreen shrubs on the landscape plan (from the parking areajust west of the dumpster enclosure around the rear perimeter of the parking area to the parking along the northernmost property line of Official Tax Parcel 7130103). Size of shrubs at planting should be 3' tall. Public Comments: Sharon Sue Altice, 2515 Daleton Road NE, stated that she did not think the existing storm drain can handle this development and that her road was not built for this either. She does not want the new property owner to drain any water from the property into the storm system on Daleton Road. Staff discussed the neighbor's concerns with the Stormwater Division and they have no complaints of flooding issues in this location. They stated there is capacity in the existing drainage system to handle this proposed development and that they will further look at the plan during development review. Joyce Higgs, 2631 Daleton Road NE, stated that she is opposed due to adding congestion to the existing congestion on Orange Avenue. She lives in a secluded area, a piece of heaven, and does not want 800 people roaming in front of her now. The traffic was studied and right -of -way improvements approved by the Transportation Division as appropriate are listed on the development plan. The property is currently zoned Commercial -Large Site District and could be developed much more intensively under the existing zoning. Plannina Commission Public Hearin Nancy Miller , 1717 Ashbury Court, stated that what is proposed is a lovely development, but is not appropriate until Orange Avenue is widened as it is currently a parking lot with accidents every other day and you cannot add that many cars without creating a traffic problem. Joyce Higgs, 2631 Daleton Road NE, stated that she agrees the traffic on Orange Avenue is a parking lot. She has wildlife on her 3 acre parcel that will go away with the addition of this many people. Sharon Sue Altice, 2515 Daleton Road NE, stated that the detention basin /storm drain system was put there in the 1980's to control flooding and the Stormwater Division told her that it was designed for a 10 -year flood event. She has seen this stormwater system overflow in the past. She is not against the apartments, but against the apartments putting stormwater from the site into the existing stormwater system on Daleton Road. She stated that the traffic on Orange Avenue is atrocious. And she stated that she has requested evergreen trees so that she does not see lights or hear noise from the apartments. Chris Craft, President of Wildwood Civic League, stated that there have been no problems as anticipated at the Wal -Mart Neighborhood Center at Orange Avenue and King Street and there would be no problems with the traffic from this development that would not be worse with by -right CLS district development that the property is currently zoned for. Per police reports, there have only been 3 calls for accidents in 4 months on Orange Avenue from 13" St to Bonsack. The Wildwood Civic League membership unanimously supports this rezoning. Sean Truxel, 2511 Daleton Road, NE, stated that you cannot stop growth and his agreement with all that was said. His concerns are flooding could happen and the traffic on Orange Avenue should be addressed by the City. Regarding the property, he does not want commercial development on the site and does not want access off of Daleton. If the property is developed as proposed, then it would be a good thing for the area. He stated that his main concerns are with water, mosquito abatement in stormwater detention ponds when it does rain, and movement of existing animals on the site movement into the surrounding neighborhood when construction begins. Jim Grdch, Southeastern Site Acquisitions and Blue Ridge Companies, stated that they have worked closely with the Planning Department to address staff and neighbor concerns in development of the 18 acre parcel. The plan addresses neighbor concerns with no access off of Daleton Road, is consistent with the Neighborhood Plan's future land use plan, allows for right -of way for the future widening of Orange Avenue, increases City tax revenue without requiring additional public infrastructure, and is an effective use of the land resource. U Q Chad A. Van Hyning, Ch ✓hAl City Planning Commissio cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney Chris Dunbar, Southeastern Site Acquisitions, LLC Maryellen F. Goodlatte, Glenn Feldmann Darby & Goodlatte °Zoning. � Amendment ttion r Department of Planning, Bu7dng and Development ROA N O K E Room 165, Noel C Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 a� Here to Pmt Phone: (540) 853.1730 Fax (540) 853.1230 Date I July 8 2015 Subic la Number. Amended Application No.l (Revised) R =aloe MR *at aocatil:_ ❑ Rezoning, Not OUerwise Listed ❑ Amendment of Proffered Condo" ❑ Rezoning, Conditional ❑ Amendment of Planned Un8 Development Plan 0 Rezoning to Planned Unit Development Cl Amendment of Comprehensive Sign Oveday District ❑ Establishment of Comprehensive Sign Overall District irieieer'tia �ntenC+alfd.e Address: and 2512 Daleton Road, N.E., Roanoke, VA 24012 AND 0 and 2548 Orange Avenue, N.E., Roanok Official Tax NO(s).: 17130116, 7130102, 7130103, and 7130101 EAsing Base Zon ng. See Attachment to Zoning nWith Conditions Ql multiple zones, please manually enter all diistricts.) Amendment Application liti Condibom Ordinance No(s). for Exstng CordN]ns (If applicable): Requested Zoning MXPUD, Mixed Use Plannetl U ® With COnd4eoe Prppi [�Wdhoul Corldi Lan Use Dweling, tauki -Fatuity /Community Cent Rooe'- -Owner ininmiafio��. Name See Attachment to Zorl Amendment A22licati rm Phone Number Address: E -Lti J Property owners Sgnakrre' Agpdcant Information (if di$erent from owner): =hone Number +1(336)869.1512 Name 5outheastern Site Acquisitions, LLC Addr 826 amet Drive, Suite 105, High Point, NC 27265 E -Mail grdi<hihluer dgemmpanmscom Applicants Signature. Authorized Agent information 11f aoolleablej; Phone Number +1 (540) 224 -8018 Name Maryellen F. Goodlatte, Esq. Address: Glenn. Feldmann, et al., P.O. Box 2887, Roanoke, VA 24001 -2 E -M)fl. Im9oi ne2- glenn'eldmr:nncom 1 /rr2rin ,s.�7, F�� Auh0ued i SCnelllre Zoning Amendment Mica #ian Checklis# iddlo The following must be submitted for all applications: ROA N O K E r Completed application form and checklist. r Written narrative explaining the reason for the request. r Metes and bounds description, if applicable. W Filing fee. For a rezoning not otherwise listed, the following must also be submitted: r Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. For a condiVenal rezoning, the following must also be submitted: F- Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as f 'development plan' d proffered. For a planned unlit development, the following must also be submitted: r Development plan meeting the requirements of Section 36.2 -326 of the Citys Zoning Ordinance. For a comprehensive sign overlay district, the following must be submitted: F- Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the Ctys Zoning Ordinance For an amendment of proffered conditions, the following must also be submitted: Amended development or concept plan meeting the Application Requirements of dem'2(cy in Zoning Amendment Procedures, F- if applicable. r Written proffers to be amended. See the City's Guide to Proffered Conditions. Copy of previously adopted Ordinance. For a planned unit development amendment, the following must also be submitted: I- Amended development plan meeting the requirements of Section 36.2 -326 of the Citys Zoning Ordinance F- Copy of previously adopted Ordinance . For a comprehensive sign overlay amendment, the following must also be submitted: r Amended comprehensive signage plan meeting the requirements of Section XN36(d) of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. For a proposal that requires a traffic impact study be submitted to the City, the following must also be submitted: r A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. For a proposal that requires a traffic impact analysis be submitted to VDOT, the following must also be submitted: F- Coversheet 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.govlpbd by seledng'Planning Commission' under 'Boards and Commissions'. A complete packet must be submitted each t me an application is amended, unless otherwise specified by staff. ATTACHMENT TO ZONING AMENDMENT APPLICATION Applicant: Southeastern Site Acquisitions, LLC Existing Base Zoning: TM# ZoninE 7130116 CLS 7130102 CLS 7130103 CLS 7130101 CG Property Owner Information: TM# 7130116, 7130102, and 7130103 John R. Patterson. Executor of the Estate of Mary T. Hylton, Deceased 213 South Jefferson Street, Suite 900 Roanoke, Virginia 24011 (540) 342 -5157 bobkilboboattersonlaw.com William Frank Hylton Wilna Caudill Hylton 10106 Portland Place Silver SDrina. MD 20901 Phone - 301 -593 -3189 E -mail - wilshylton(dveiizon.net John Moir Hylton Linda H. Hylton ton Post Office Box 12147 Roanoke VA 24023 -2147 Phone (540) 977 -5411 Fax- (540)977 -1738 TM #7130101 Bellavista Holdines. LLC c/o Dan Flynn 711 Pocahontas Avenue, N.E. Roanoke, Virginia 24012 (540) 537 -7383 Inn82 daol.com RECEIVED JUN 84:2015 CRY OF ROANOKE PLANNING BUILDING 8 DEVELOPMENT Proi)ertv Ow. Q S' ire zYY °Ck�i/� n . Patterson, Executor of the Estate of Mary T. Hylton, Deceased William Frank Hylton Wilna Caudill Hylton \\ \\ oir Hylton Cinda. H. Hylton Bellavista oldings, LLC By: an Flynn Its kt a• ✓.r*� RECEIVED JUN 84.2015 CRY OF ROANOKE PLANNING BUILDING & DEVELOPMENT E y ± /! % m § §; CONDITIONS SET FORTH ON DEVELOPMENT PLAN USES: The property shall be used only for the following land uses: Dwelling, Multifamily, Community Center, ARCHITECTURAL COMPATIBILITY: The design of the buildings shall be in substantial conformity with the conceptual elevations attached as Exhibit A to the Development Plan. Buildings shall not exceed fifty (50) feet in height. VEHICULAR ENTRANCES: Two (2) entrances on Orange Avenue will serve the site as depicted on the Development Plan. There will be no construction or permanent vehicular access from Daleton Road. PROJECT SIGNAGE: No more than two ground signs shall be permitted on the subject property. Ground signs shall not be deemed to include (a) directional signage or (b) any development identification ground signs which are incorporated within a landscaped retaining wall or other landscaped element. Ground signs shall not exceed 10 feet in height. Building mounted signs shall be limited to identification and/or directional signage. Building signs shall not be deemed to include signs applied to awnings or entrance canopies. PARKING LOT LIGHTING DESIGN: All perimeter parking lot lighting fixtures shall be the Illuminating Engineering Society of North America (IESNA) standard full cutoff type luminaries. LANDSCAPING: The following landscaping will be installed prior to issuance of a certificate of occupancy for any buildings on the property and maintained thereafter: a landscape buffer area located in the area hatched on the Development Plan near the Daleton Road border will be established and maintained with a mixture of 70% large deciduous hardwood and 30% Large evergreen trees. Plant spacing at the time of planting will be 20' on center in double rows offset from each other. Large deciduous trees will be planted and maintained at 50' on center in an 8 foot planting strip adjacent to Orange Avenue as depicted on the Landscape Plan. Actual parking area and parking area canopy to be assessed during development review. RECEIVED JUN 2 4 2015 CITY OF ROANOKE PLANNING BUILDING & DEVELOPMENT Additionally, evergreen shrubbery, as depicted on the Landscape Plan attached hereto as Exhibit B, shall be installed at the rear parking lot, to aid in screening parking lot headlights from adjacent properties to the north. RETAINING WALLS: Retaining walls shall not exceed 8 feet in height. Those retaining walls on the western portion of the property, as shown on the Development Plan, may be eliminated if a slope easement on tax parcel 7120401 is granted by the owner of said parcel. Landscaping shall be installed at the base of retaining walls as depicted on the Landscape Plan. STORMWATER MANAGEMENT: The property will comply with stormwater management, adequate channel, and other applicable regulations during the development review process. NARRATIVE Southeastern Site Acquisitions, LLC ("Southeastern"), an affiliate of Blue Ridge Companies, LLC has contracted to purchase an 18t acre site bounded by Orange Avenue on the south and Daleton Avenue on the north. Except for an automotive repair facility on Orange Avenue and an abandoned residence, the property is undeveloped. The .4 acre parcel containing the automotive repair facility is zoned CG (commercial - general). The balance of the site is zoned CLS (commercial - large site). Southeastern proposes to develop a market -rate apartment community on the site. For 20 years, Blue Ridge Companies has developed, constructed, managed, and owned such rental communities in Virginia, North Carolina, South Carolina and Mississippi. Its closest community to the subject property, constructed about 15 years ago, is located in Roanoke County off Alt -220 (The Orchards). This community would be developed in two phases, as depicted on the Development Plan. A total of 324 apartments are planned — the majority being one and two bedroom units. Based on experience, Blue Ridge Companies will market to primarily empty nesters and young professionals. As shown on the Development Plan, the community will include a clubhouse, pool, recreational open space, and a small pet park. The apartments will include upscale amenities to meet renters' expectations for living in a new market -rate community. The outside of the buildings will be equally appealing. The conceptual elevations (Exhibit A to Development Plan) detail the articulation and interest inherent in each building's placement on the site and related design. The site will be thoughtfully landscaped to not only appeal to residents, but to aid in screening and buffering the site with respect to adjacent properties. As shown on the Landscape Plan (Exhibit B to Development Plan), a significant landscaped buffer area will be installed near the Daleton Road border. To help screen parking lot headlights, the Landscape Plan provides for the installation of evergreen shrubs at the rear parking lot. The Landscape Plan also details the plantings to be installed at the base of retaining walls. Mindful of Daleton Road resident concerns, there will be no vehicular access to the site — whether construction or permanent — from Daleton Road. The two entrances on Orange Avenue shown on the Development Plan will provide access to the community. Those entrances align with the existing median breaks on Orange Avenue. The improvements recommended by the traffic engineers — i.e. right -turn taper lanes from Orange Avenue at both entrances, and full left turn lanes and related tapers for both entrances on Orange Avenue — are shown on the Development Plan. As recommended by the City's professional staff, to facilitate a future widening of Orange Avenue, the site development respects the future Orange Avenue right -of- way line. RECEIVED JUN 24.2015 Crry OF ROANOKE PLANNING BNILGINC. a Grading will be required to balance the site. Retaining walls cannot exceed 8 feet and will be landscaped at their base. A section through the center of the site is shown on the Landscape Plan, provided to illustrate the existing grade, the future grade, and the proposed improvements from the perspectives of both Orange Avenue and Daleton Road. The development of the site, as proposed, requires that it be rezoned from its current commercial districts (CLS and CG) to one permitting residential use. Southeastern is requesting that the property be rezoned to the MXPUD zoning district. This change of use — from commercial to residential — is encouraged, and indeed recommended, by the City's Comprehensive Plan. The majority of the parcel is designated as Mixed Residential on the Future Land Use plan. The Hollins /Wildwood Neighborhood Plan sets residential development as a priority initiative: Encourage new development per the Future Land Use map and, in certain undeveloped areas, consider rezoning for residential development rather than commercial or industrial The neighborhood plan goes on to state: Development of multifamily housing whether by apartment units or duplexes, is well suited for Orange Avenue to support the commercial uses there, and to keep commercial property values high by keeping the market from being saturated with too much commercial zoning. The neighborhood plan specifically identifies this property as a residential development opportunity site and "since commercial development has been the source ofgrowth in recent years and contributed to trafftc congestion, most remaining vacant land in the area should be zonedfor residential development ". Southeastern expects to invest thirty million± dollars in the site so as to develop it as shown on the Development and Landscape Plans, and in the fashion encouraged by the Comprehensive Plan. Because of the Blue Ridge Companies' experience in constructing and operating market rate apartment communities, Southeastern is able to be more specific with its plans than most developers at this early stage of the development process. Like all its other properties, the Blue Ridge Companies expect to own and manage this development in a fashion that will complement its neighbors as well as the larger community. U3/3u /ZU13 1Y16 I'M 9U002/0002 CERTIFICATE This is to confirm that I son the Manager of Bellavista Holdings, LLC, and am authorized to sign documents on behalf of the company including, but not limited to, the Zoning Amendment Application submitted to the City of Roanoke, Virginia, by Southeastern Site Acquisitions, LLC with respect to the property owned by Bellavista Holdings, LLC. Dated this ?O day of /YIAnG k , 2015. BELLA,,VVI/ISS�TA HOLDINGS, LLC By: Daniel R. Flynn Manager RECEIVED JUN 2 4 2015 CITY OF ROANOKE PLANNING BUILDING a DEVELOPMENT CERTIFICATE This is to confirm that I am the Manager of Southeastern Site Acquisitions, LLC, and am authorized to sign documents on behalf of the company including, but not limited to, the Zoning Amendment Application submitted to the City of Roanoke, Virginia, with respect to Roanoke City Tax Map Parcels 7130116, 7130102, 7130103, and 7130101. Dated this ,23 day of M 4 ^ cc44 , 2015. SOUTHEA TE N SITE ACQUISITIONS, LLC By: 6(14 Christopher Dunbar Manager RECEIVED JUN 2 t 2015 CITY OF ROANOKE PLANNING BUILDING 6 DEVELOPMENT ;�+ " "" "•,. North Carolina Elaine F. Marshall DEPAR i MEN OF THE Secretary SECRETARY OF STATE PO Bon 29622 Raleigh, NC 27626 -0622 .:9 -! 01 2' D, Date: 6/15/2015 Click here to: View Document Filings I File an Annual Report I J Print a Pre populated Annual Report Pitiable PDF Form i Amend A Previous Annual Report Corporation Names Name Name Type C SOUTHEASTERN SITE LEGAL ACQUISITIONS, LLC Limited Liability Company Information SOSID: 0712646 Status: Current - Active Effective Date: 2/20/2004 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: SHERIDAN, DESMOND G. Office Address: 100 WEST FRIENDLY AVENUE, STE. 400 GREENSBORO NC 27401 Mailing Address: P.O. BOX 1888 GREENSBORO NC 27402 Principal Office Office Address: 5826 SAMET DR, STE 105 HIGH POINT NC 27265 Mailing Address: 5826 SAMET DR, STE 105 HIGH POINT NC 27265 Officers /Company Officials Title: MANAGER Name: CHRISTOPHER T. DUNBAR Business Address: 5826 SAM ET DR, STE 105 HIGH POINT NC 27265 Title: MANAGER Name: DAVID F. COUCH Business Address: 5826 SAMET DR, STE 105 HIGH POINT NC 27265 i i This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 5856 I lull n. I y✓ _ .., ..,... w� Y" a w z u z L: W Q u �tl � Q g 3g3 Oa ORANGE AVENUE APARTMENTS SOUTHEASTERN SITE AGOUISITION5 HIGH POINT, NORTH GAROLINA GRAPWC SCALE 50 25 0 0 IW 1 WCH= 50 IFEf SITE SECTION ENGINEER MpE:p%letWlE%I.n wV: (!!N8�2JIPo mum¢ywpeLgmri RECEIVED JUN 24.2015 r CEL4LpVNEM wo GRAPWC SCALE 50 25 0 0 IW 1 WCH= 50 IFEf SITE SECTION ENGINEER MpE:p%letWlE%I.n wV: (!!N8�2JIPo mum¢ywpeLgmri RECEIVED JUN 24.2015 r CEL4LpVNEM EXHIBIT Orange Avenue, Roanoke, VA 24012 aaainccnmu ORANGE AVE - o.s uNwti oM+u .. APARTMENTS (.1 I iN, flm Proposed KT u _ ApGOment Budd'g aa erc oMiN pT 1-1 INa. e. ve 11 csl RECEIVED muv n JUN 84.2015 hFNNO1G��NG 8 �EVFIWMEXi I P. .1. -11 z' ID11 g tl �lo� 9SWVm a Fi$ ¢m6 x➢ Mo�exM b ORANGE AVE APARIMEMRS Pmposed Apotlment Bod g o A.e A1A 1. eemae mEno F27 Cal r �aeifi'``I 1 --, { �� 9--� � l T 1 ORANGE AVE APARTMENTS °.posed oA1.5 miun� uu c�j- rlla� F-71 iii -t ORANGE AVE APARTMENTS Propose - Apanme�`B d, oo,9e..e A1.7 uimu nr[uu Em 7N r I .� .`.'' =fix.. l-rl; ,r�� taw !�I _ i Ing 1� �- L M I L= 03 02 ORARGEAYE APARTMENTS Proposed Aparmenf Build ACHIJ �lv2 =r= „a EXHIBIT'B" - LANDSCAPE PLAN 4 r _ i Y ° 5 wv�mrw �vxv -5- 4 Lwavonw YL71 mm, i MAY 2512 and 0 Daleton Rd. NE and 0 and 2548 Orange Ave. NE; Official Tax Parcels: 7130102, 7130116, 7130103, and 7130101 respectively Area to be Rezoned Conditional Zoning Zoning RA (Residential. Agriculture) R -12 (Res. Single- Family) R -7 (Res. Single- Famiy) R 5 (Res. Single - Family) R -3 (Res. Single- Famiy) RM -1 (Res. Mixed Density) RM -2 (Res -Mixed Density) RMF (Res. Multi- Family) Chi (Commercial - Neigh) CG (Commercial - General) CLS (Commercial- Lai ge Site) 1 -1 (Light Industrial) 1 -2 (Heavy Industrial) D (Downtown) M% (Mixed Use) _ IN (Institutional) ROS (Rec & Open Space) AD (Airport Dev) M%PUD (Mixed Use Planned Unit Dev) INPUD (Institutional Planned Unit Dev) IPUD (Industrial Planned Unit Dev) ® OF (Urban Flex) N 0 200 400 Feet w I. ^s Nowmi AVE i O� aotoN Op pRp`pR B� QQ,V TRANSPORTATION Arnisitions, SIS Prepared for South LLC Project Number: 1 3/26/2015 na: East OrangeWvenue Apartments Roanoke, VA 11 Fy ItCp �M13C'a q, p s« , ��,,, � m,�, DAVENPORT k.) DAVENPORT Transportation Impact Analysis East Orange Avenue Apartments Roanoke, VA Prepared for: Southeastern Site Acquisitions, LLC March 26, 2015 Analysis by: Nick Liguori P E Joseph Wallace Reviewed by: Frank Amenva P E PTOE T 6 (U4N!CR9LA"L1GU( Sealed by: Nick Liguori P E I No.43\53368 O �9Sio �yCi 1 i� This report is printed on reryded Paper with 30% Iwstconsumar Wheem All paper is FSC Candles, The errtire document induding binding, is 100% rerydable. This document together with the concepts and designs presented here.n, s intended only for the speafic Purpose and diem for which it was Prepared Reuse of a improper reliance on this document by others without written authorization and adaptation by DAVENPORT shall be inthoun lability m DAVENPORT and shall be a violation of the agreement lost een DAVENPORT antl Me diem 0 DAVENPORT East Orange Avenue Apartments — Transportation Impact Analysis Table of Contents 1.01NTRODUCTION ............................................................... ..............................2 Figure1 — Site Plan ............................................................. ..............................3 Figure 2A— Site Location Map ............................................. ..............................4 Figure2B — Vicinity Map ...................................................... ..............................5 2.0 EXISTING CONDITIONS .................................................. ..............................6 2.1 Street Inventory ........................................................... ..............................6 2.2 Base Traffic Volumes .................................................. ..............................6 Figure 3 — Existing Lane Geometry ...................................... ..............................7 Figure 4 — 2015 Existing Traffic Volumes ............................ ..............................8 3.OAPPROVED DEVELOPMENTS AND COMMITTED IMPROVEMENTS ......... 9 3.1 Approved Developments ............................................. ..............................9 3.2 Committed Improvements ........................................... ..............................9 4.0 METHODOLOGY .............................................................. ..............................9 4.1 Base Assumptions and Standards .............................. ..............................9 4.2 Trip Generation ........................................................ ............................... 10 4.3 Trip Distribution ........................................................ ............................... 10 4.4 Future No -Build Traffic ............................................. ............................... 10 4.5 Total Traffic .............................................................. ............................... 10 Figure 5 — Trip Distribution ................................................ ............................... 11 Figure 6 —2017 Future No Build Volumes ........................ ............................... 12 Figure7 —Site Trips .......................................................... ............................... 13 Figure 8 — 2017 Future Build Volumes .............................. ............................... 14 5.01LEVEL OF SERVICE ANALYSIS .................................. ............................... 15 5.1 Level of Service Criteria ........................................... ............................... 15 5.2 Level of Service Results ..... - .................................... ............................... 15 Figure 9 — Recommended Improvements ......................... ............................... 19 6.0 QUEUING ANALYSIS .................................................... ............................... 20 7.O PLANNED ORANGE AVENUE WIDENING .................. ............................... 22 8.0 RECOMMENDATIONS AND SUMMARY ...................... ............................... 23 APPENDIX................................ ........................................... ............................. - 25 Level of Service Analysis .................................................. ............................... 26 Queue Reports (Signalized). ............... .. . .................................. 33 TrafficVolume Data ...................................................... ............................... I... 34 Supporting Documentation ................................................ ............................... 35 3/26/2015 15-3001 East Orange Avenue Apartments — Transportation Impact Analysis 0 DAVENPORT East Orange Avenue Apartments — Transportation Impact Analysis Prepared for Southeastern Site Acquisitions, LLC March 26, 2015 1.O lntroduction The proposed East Orange Avenue Apartments development is located on the north side of US 460 (Orange Avenue) to the east of 2411 Street and west of Mecca Street in City of Roanoke, Virginia. This site is planned to be completed in two (2) phases and will ultimately consist of 324 apartment units. Phase 1 will construct 216 apartments and is expected to be complete in August 2016. Phase 2 will add 108 apartments, with an expected completion date of August 2017. The site plan is shown in Figure 1. Two (2) full accesses to the site are proposed on Orange Avenue at existing median breaks approximately 1,250 feet and 2,000 feet east of Gus Nicks Boulevard, respectively. A site location map is shown in Figure 2A, and a vicinity map is shown in Figure 28. DAVENPORT was retained to determine the potential traffic impacts and to identify transportation improvements that may be required to accommodate the impacts of both background traffic and new development traffic. Per City of Roanoke, the scope of study included capacity analysis of the following intersections: • US 460 (Orange Avenue) at Gus Nicks Boulevard • US 460 (Orange Avenue) at 24th Street • US 460 (Orange Avenue) at Site Access 1 / Existing Driveway • US 460 (Orange Avenue) at Site Access 2 / Existing Driveway • US 460 (Orange Avenue) at Mecca Street • US 460 (Orange Avenue) at Granby Street These intersections were analyzed for the following conditions: • 2015 Existing Conditions • 2017 Future No Build Conditions • 2017 Future Build Conditions • 2017 Future Build Conditions with Improvements The periods studied were weekday AM (6 -9 am) and PM (4 -7 pm) peaks. This analysis included level of service results, queuing analysis, and turn lane warrant analysis based on criteria in the VDOT Road Design Manual. City of Roanoke staff were contacted to obtain background information and to determine the scope of this Transportation Impact Analysis (TIA). Information regarding the property was provided by Southeastern Site Acquisitions, LLC. 32612015 15 -3001 East Orange Avenue Apartments — Transportation Impact Analysis venowo wvari maw ww I € sainvyrm irvsuoTanaa assn xaa G � � E _ 3JIONVON dd NV�d H913Wa � a ��d i i i f _ if �. / 4 e.. \ � a c a a � L F •Y � •' 4 �q• xr.._ a r �1 Tip ''03 0 DAVENPORT 2.0 Existing Conditions 2.1 Street Inventory A field investigation was conducted by DAVENPORT staff to determine the existing roadway conditions in the study area. Table 2.1 summarizes this information. Figure 3 illustrates the existing lane geometry. 2.2 Base Traffic Volumes Existing traffic volumes for this project were collected by DAVENPORT staff. Table 2.2 contains the dates these counts were conducted. School was in session at the time of traffic counts. Additionally, the site accesses are proposed to be located opposite existing business driveways on US 460. Traffic volumes for these existing driveways were obtained using ITE Trip Generation software based on the existing land uses. Figure 4 illustrates existing AM and PM peak hour volumes. More information can be found in the Traffic Volume Data section of the appendix. Table 2.2 Table 2.1 Street Inventory Count Location: ge Avenue at Gus W. Nicks Date Collected: Time Collected: By: 6 Facili Name b Typical Cross Section Pavement Width Speed Limit Maintenance US 4A6VenOe nge 4 -lane divided Approx. 70' 35/40 MPH City of 1/29/2015 6 -9 am DAVENPORT 4-7pmm Avenue at Granby Street 1/29/2015 Roanoke SR 6050 (Gus W. Nicks Boulevard) 4 -lane undivided APProx. 42' 35 MPH City of Roanoke 24" Street 2 -lane undivided Approx. 22' 25 MPH City of _ Roanoke Mecca Street 2 -lane undivided A pprox. 20' 25 MPH City of Roanoke Granby Street 2-lane undivided Approx. 36' 25 MPH City of Roanoke 2.2 Base Traffic Volumes Existing traffic volumes for this project were collected by DAVENPORT staff. Table 2.2 contains the dates these counts were conducted. School was in session at the time of traffic counts. Additionally, the site accesses are proposed to be located opposite existing business driveways on US 460. Traffic volumes for these existing driveways were obtained using ITE Trip Generation software based on the existing land uses. Figure 4 illustrates existing AM and PM peak hour volumes. More information can be found in the Traffic Volume Data section of the appendix. Table 2.2 - Traffic Volume Data Count Location: ge Avenue at Gus W. Nicks Date Collected: Time Collected: By: 6 Boulevartl nge Avenue at 24" Street 1/2y/2015 1/29/2015 -9 am, 4 -7 m DAVENPORT o -9 am [Orange DAVENPORT 4 -7m ge Avenue at Mecca Street 1/29/2015 6 -9 am DAVENPORT 4-7pmm Avenue at Granby Street 1/29/2015 1�'' 6 -9 am, DAVENPORT 4-7 Pm —L 3/26/2015 15 -3001 East Orange Avenue Apartments — Transportation Impact Analysis 4! + /} } U0 _l _ Swet \ _. p; e� |�:, =f 0 { ! |� � _ @; > + 2\ g( !F }/ ! � � � �0 /} 4r } � { � 4!( + p; , , @m ; . � _/R r i ,qr " ^ �.! �z ;�.�l; _l \ e� |�:, 0 DAVENPORT 3.OApproved Developments and Committed Improvements 3.1 Approved Developments Approved developments are developments that have been recently approved in the area, but not yet constructed. Per the scoping with City of Roanoke, there are no approved developments to include in this analysis, but the 1.0% annual growth rate was considered adequate to account for background traffic growth in the study area. 3.2 Committed Improvements Committed Improvements are improvements that are planned by VDOT, City of Roanoke, or a developer in the area, but are not yet constructed. Per City of Roanoke staff, there are no committed improvements to be considered in the study area. There is a VDOT project for the widening of Orange Avenue to six (6) lanes between llt^ Street and Gus Nicks Boulevard. However, this project is in the feasibility study stage, and is not currently funded for construction. 4.0 Methodology 4.1 Base Assumptions and Standards In general, the analysis for this project was conducted utilizing VDOT standards based on the Traffic Operations Analysis Tool Guidebook 1.1. The following table gives a summary of the base assumptions. Table Peak Hour Factor 4.1 —Assumptions 0.92 Background Traffic Annual Growth Rate 1.0% per scoping with City of Roanoke Analysis Software Synchro / SimTraffic Version 8.0 Trip Generation ITE Trip Generation Manual (91° Edition) Lane widths 12 -feet Based on 2013 VDOT Traffic Data and per scoping with City of Roanoke, a heavy vehicle percentage of 10% was used for through movement on Orange Avenue to reflect the presence of truck traffic. A heavy vehicle percentage of 2% was used on all other movements. 3/26/2015 15 -3001 East Orange Avenue Apartments - Transportation Impact Analysis 0 DAVENPORT 4.2 Trip Generation The East Orange Avenue Apartments development is planned to be completed in two (2) phases and will ultimately consist of 324 apartment units. Phase 1 will construct 216 apartments and is expected to be complete in August 2016. Phase 2 will add 108 apartments, with an expected completion date of August 2017. TripGen 2013 software was used to generate trips for this development, based on the 9'h Edition of the ITE Trip Generation Manual. Table 4.2 contains the results. 4.3 Trip Distribution Site trips for this proposed development were distributed based on the existing traffic patterns and engineering judgment, and were agreed upon with City of Roanoke. The directional distributions for site trips are listed below, and are illustrated in Figure 5: • 65% to /from the west of Orange Avenue • 20% to /from the east of Orange Avenue • 10% to /from the south on Gus W. Nicks Boulevard • 3% to /from the north on Granby Street • 1% to /from the north on 241h Street • 1 % to /from the south on Mecca Street 4.4 Future No -Build Traffic 2017 future no build traffic volumes were computed by applying a 1.0% annual growth rate to the 2015 existing traffic volumes. Figure 6 shows the 2017 future no build traffic volumes for AM and PM peaks. 4.5 Total Traffic The 2017 future build volumes were obtained by summing the 2017 future no build volumes and proposed site trips. Site trips are shown in Figure 7, and the resulting build volume totals for AM and PM peaks are shown in Figure 8. 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SKILL Wewdde Palloquw -tlols woy sluawanow s ewa wny gal IOU sde6 Lua!%4nsto °Pei of anp si siyl luawdolenap Posodwd W b am to sseiwefia Iom .., .,., .. —_ .. -.._. __ laaL1S e00aw le (anuanV aBUEJO) 096 S11 - 9'9 awl 1210cNIAVO .— -.. ___...... ,.0 ew wum j13 Sol Papuawwo sluawanwdwi ON :sluawanwdwl (S'Z4)3 (9903 5000 (e'LU0 (1'91)0 0009 goewddV ON (0'0) tl (0 0) tl (0'0) V (0 0) tl (0 0) V (0'0) V (6 ZOa (L'W9 (SWa (b'009 (Z'00a Q'OL)a l em (0'0) tl (0'0) tl (0.0) tl (0.0) tl lam pl!n9 P!!n9 6ups!x 3 PIIn9 piing b193 einlnj LLOZ ON e,mnj 9107 enlnj oN amend 6ullsix3 P•z9eu61sup LLOZ LLOZ Lino SLOZ laaL1S e00aw le (anuanV aBUEJO) 096 S11 - 9'9 awl 1210cNIAVO 0 DAVENPORT 6.OQueuing Analysis A queuing analysis was conducted to determine the adequacy of turn lane storage lengths at the study intersections. This review utilized Synchro Version 8 software to calculate 95th percentile queue lengths. The queuing results for future no build and build out conditions are summarized in the tables below. Synchro 95th k Queue (feet) by Movement AM Peak •PM Peak r available Storage Length ( feet) - 2017 Future No Build MImprovements 2017 Future No Build 2017 Future Build with Improvements EB L 25 25 111 111 200 EB T 349 362 573 643 Full EB R 17 17 166 171 225 WB L m74 m97 #282 #305 100 WBT #1016 #1120 816 844 Full WB TR #1016 #1120 816 844 Full NB L 528 528 #540 #540 Full NB LT 518 518 #555 #555 Full NB R 31 32 25 37 225 SB L 39 39 80 80 Full SB TR 50 50 #258 #258 Full Recommendation Table 6.2 Synchro 95th b Queue (feet) by Movement - US 460 (Orange Avenue) AM Peak at 24th Street - Queue Analysis PM Peak Available Storage 9 Length (fee[)' 2017 Future No Build 2017 Future Build with Improvements 2017 Future No Build 2017 Future Build with Improvements EB L 4 5 4 4 60 WB L 3 3 2 2 200 NB Approach 22 28 1 1 Full SB Approach 14 22 23 31 Full Recommendation No im rove recommended 3/2612015 15 -3001 East Orange Avenue Apartments— Transportation Impact Analysis 20 0 DAVENPORT 3/26/2015 15 -3001 East Orange Avenue Apartments— Transportation Impact Analysis 21 r • 10 q Synchro 95th % Synchro 95th % AM Peak PM Peak Available 2017 2017 Future 2017 Queue (feet) by 2017 Future Storage Movement Future Build with Future Build with Length EBL No Build Improvements No Build Improvements (feet)' EBL - 2 0 9 150 WBR - 0 40 0 100 NB L 12 24 24 61 Full NB TR 4 4 4 9 Full SB L 49 32 Full SB TR 14 6 Full Provide eastbound left turn lane on US 460 with 200 feet of storage and 150 feet of taper. It is rewmmended to offset left turn lane to Reccmmentlation enhance visibility of opposing through trek. Provide westbound right turn taper with 200 feet of taper length Provide se arate left and ddht turn lanes exbna from Site Access 2 3/26/2015 15 -3001 East Orange Avenue Apartments— Transportation Impact Analysis 21 r • 10 q Synchro 95th % AM Peak PM Peak available 2017 2017 Future queue (feet) by 2017 2017 Future Storage Movement Future Build with Future Build with Length Build with No Build Improvements No Build Improvements (feet)'. EBL No Build 2 No Build 9 150 WB R 0 0 0 0 100 NBAp roach 20 40 44 69 Full SB L - 45 29 Full SB R 13 6 Full Provide eastbound left turn lane on US 460 with 200 feet of storage and 150 feet of taper. It is recommended to offset left turn lane to Recommendation enhance visibility of opposing through traffic. Provide westbound right turn taper with 200 feet of taper length Provide se orate left and d ht turn lanes exitino from Site Access 2 3/26/2015 15 -3001 East Orange Avenue Apartments— Transportation Impact Analysis 21 Synchro 95th % AM as PM Peak Available 2017 2017 Future 2017 2017 Future Queue (feet) by Storage Movement Future Build with Future Buildwith Length No Build Improvements No Build Improvements (feet)' WB L 11 12 13 13 200 NBA proach 5 6 24` 28 Full Recommendation No improvements recommended 3/26/2015 15 -3001 East Orange Avenue Apartments— Transportation Impact Analysis 21 0 DAVENPORT • Synchro 95th % Queue (fast) by Movement . AM Peak • _ PM Peak Available Storage Length (feet)' 2017 Future No Build 2017 Future Build with Improvements 2017 Future No Builtl 2017 Future Build with Improvements EB L 50 50 m15 m8 225 EB T 23 26 14 16 Full EB TR 23 26 14 16 Full WS T 554 568 472 490 Full WB T 554 568 472 490 Full WB R 21 21 3 3 300 NBA proach 0 0 0 0 Full SB LT 100 100 93 93 Full SB R 10 10 10 15 200 Recommendation No improvements recommended F L II ndicate f D eoC tl,ct91 o 11 e adlaz I st t I _ _: ^s queue I i _reJ by ',,,1 11111, i�, isenion TO Planned Orange Avenue Widening As indicated in the previous results, there are capacity issues along the US 460 (Orange Avenue) corridor. The intersection of Orange Avenue and Gus Nicks Boulevard experiences LOS F and queuing issues on multiple approaches during the AM and PM peaks, with queues extending at times to adjacent intersections on US 460. The City of Roanoke and VDOT have identified the need to widen Orange Avenue to six (6) lanes between 11th Street and Gus Nicks Boulevard in order to accommodate the heavy traffic volumes. This project is currently in the feasibility stages, and construction is not currently funded. The frontage of the East Orange Avenue Apartments site is outside of the project area of the above - mentioned widening project from 111h Street to Gus Nicks Boulevard. However, it is likely that extension of the six (6) lane section further to the east would be pursued at some time in the future. City of Roanoke staff have indicated that right of way dedication will be required along the frontage of the site. A uniform measurement of 63 feet from the center of Orange Avenue will be required for right of way for future roadway improvements on Orange Avenue. 3/26/2015 15 -3001 East Orange Avenue Apartments — Transportation Impact Analysis 22 0 DAVENPORT 8.0 Recommendations and Summary DAVENPORT was retained to determine the potential traffic impacts of the Proposed East Orange Avenue Apartments development and the transportation improvements that may be required to accommodate these impacts. The site is located on the north side of US 460 (Orange Avenue) to the east of 24'^ Street and west of Mecca Street in Roanoke, Virginia. This site is planned to be completed in two (2) phases and will ultimately consist of 324 apartment units. Phase 1 will construct 216 apartments and is expected to be complete in August 2016. Phase 2 will add 108 apartments, with an expected completion date of August 2017. The site plan is shown in Figure 1. Two (2) full accesses to the site are proposed on Orange Avenue at existing median breaks approximately 1,250 feet and 2,000 feet east of Gus Nicks Boulevard, respectively. Based on ITE Trip Generation 9111 Edition, this development has a trip generation potential of 162 trips in the AM peak and 196 trips in the PM peak. A level of service and queuing analysis was performed for the study intersections. The need for auxiliary turn lanes was also reviewed based on VDOT criteria. Based on the results of the capacity analysis, an eastbound left turn lane and a westbound right turn taper has been recommended at each site access in order to enhance traffic flow entering the site. Separate left and right turn lanes exiting from the site are also recommended at each site access to reduce delay. The recommended improvements are listed in Table 8.1 on the following page, and are illustrated in Figure 9. Based on field observations and the capacity analysis, there are capacity issues along the US 460 (Orange Avenue) corridor. The intersection of Orange Avenue and Gus Nicks Boulevard experiences LOS F and queuing issues on multiple approaches during the AM and PM peaks, with queues extending at times to adjacent intersections on US 460. The City of Roanoke and VDOT have identified the need to widen Orange Avenue to six (6) lanes between 11th Street and Gus Nicks Boulevard in order to accommodate the heavy traffic volumes. This project is currently in the feasibility stages, and construction is not currently funded. At some point in the future, it is likely that extension of the six (6) lane section eastward through the site's frontage will be pursued. City of Roanoke staff have indicated that 63 feet of right of way from the center of Orange Avenue will be required along the frontage of the site. 3/262015 15 -3001 East Orange Avenue Apartments— Transportation Impact Analysis 23 0 DAVENPORT Table 8.1 - Recommended Improvements Intersection Recommendations US 460 (Orange Avenue) at Gus W. Nicks Boulevard No improvements recommended as a result of proposed development US 460 (Orange Avenue) at No improvements recommended as a result of proposed 24th Street develo ment US 460 (Orange Avenue) at Provide eastbound left turn lane on US 460 with 200 feet Site Access 1 (full access) of storage and 150 feet of taper. It is recommended to offset left turn lane to enhance visibility of opposing through traffic. Provide westbound right turn taper with 200 feet of taper length Provide separate left and right turn lanes exiting from Site Access 1 with offset left turn lane US 460 (Orange Avenue) at Provide eastbound left turn lane on US 460 with 200 feet Site Access 2 (full access) of storage and 150 feet of taper. It is recommended to offset left turn lane to enhance visibility of opposing through traffic. • Provide westbound right turn taper with 200 feet taper of length • Provide separate left and right turn lanes exiting from Site Access 2 with offset left turn lane US 460 (Orange Avenue) at No improvements recommended as a result of proposed Mecca Street develo ment US 460 (Orange Avenue) at I No improvements recommended as a result of proposed Granby Street development In conclusion, this study has reviewed the impacts of both background traffic and Proposed development traffic. With the recommended improvements in place, the impacts of the proposed development can be accommodated. Please note that all entrances to the site should be designed according to the VDOT Road Design Manual. 3/26/2015 15 -3001 East Orange Avenue Apartments- Transportation Impact Analysis 24 0 DAVENPORT APPENDIX 3/26/2015 15 -3001 East Orange Avenue Apartments— Transportation Impact Analysis 25 DAVENPORT Level of Service Analysis 3/2612015 15 -3001 East Orange Avenue Apartments— Transportation Impact Analysis 26 0 DAVENPORT Orange Avenue at Gus Nicks Boulevard 3/26/2015 15 -3001 East Orange Avenue Apartments — Transportation Impact Analysis 27 HCM Signalized Intersection Capacity Analysis 100: Gus Nicks Blvd & US 460 2(2412015 1!~ t 1 i P b l w Volume (vph) 6 635 154 44 1306 1 703 9 85 13 15 9 Ideal Flow (vphpQ 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost tlme(a) 4.0 4.5 4.5 4.0 4.5 4.5 45 40 4.6 4.6 Lane Utl. Factor 1.00 0.95 1.00 1.00 0.95 0,95 0.95 1,00 1.00 1.00 FR 1,00 1.00 0.85 1,00 1.00 1.00 1.00 0.85 100 0.94 Flt Protected 0.95 1.00 1.00 0.95 1.00 0.95 0.95 1,00 0.95 1.00 Said. Flow(prot) 1770 3282 1583 1770 3282 1681 1687 1583 1770 1755 Fit Permitted 0.95 1.00 1.00 0.95 1.00 095 0.95 1.00 0.95 1.00 Sal, Flow(perml 1770 3282 1583 1770 3282 1681 1687 1583 1770 1755 Peak-hour factor, PHI- 0.92 0.92 0.92 0,92 0.92 0,92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 7 690 167 48 1420 1 764 10 92 14 16 10 RTOR Reduction (vph) 0 0 40 0 0 0 0 Lane Group Flow (vph) 7 690 127 48 1421 0 390 0 384 57 35 0 14 9 0 H�Vehbks f %) 2% 10% 2% 2% 10% 2% 2% 2% 2% 2% 17 2% 0 2% Tum Type Prot NA pm+ov Prot NA Split NA pmnv Split NA Protected Phases 1 6 3 5 2 3 3 Permitted Phases 6 5 4 4 Actuated Green, G (s) 2.0 72.9 117.5 10.4 81.3 44,6 44.6 3 55.0 6.5 6.5 Effective Green, g(s) 40 74.9 121.5 124 833 466 46.6 59.0 8.5 85 Actuated g/C Ratio 0.02 0.47 0.76 0.08 0.52 0.29 0.29 0.37 0.05 0.05 Clearance Time(a) 60 65 6.5 6.0 65 6.5 6.5 60 6.6 6.6 Vehicle Extension (s 35 60 45 35 60 45 45 35 35 35 Lane Grp Cap (vph) 44 1536 1246 137 1708 489 491 583 94 93 We Ratio Prot 0.00 0.21 0.03 c0.03 c0.43 c0.23 0.23 0.00 0,01 c0,01 We Ratio Perm 0.05 0.02 v/c Ratio 0.16 0.45 0.10 0.35 0.83 0.80 0.78 0.06 0.15 0.18 Uniform Delay, dl 764 287 5.0 700 32.4 523 52.0 32.6 72.3 724 Progression Factor 1.00 1.00 1.00 094 065 1.00 1.00 1.00 1,00 1.00 Incremental Delay, d2 20 10 01 1.5 3.9 9.8 8.8 0.1 0.9 1.1 Delay (a) 78.4 29.6 5.1 67.3 25.0 62.1 60.9 32.7 73.2 73.5 Level of Semce E C A E C E E C E E Approach Delay (s) 253 26.4 58.4 73.4 Approach LOS C C E E HCM 2000 Control Delay 35.3 HCM 2000 Level of Service p HCM 2000 Volume to Capacity ratio 0.77 Actuated Cycle Length (s) 1600 Sum of lost time (s) 17 6 Intersection Capacity Utilization 70.4% ICU Level of Service C Analysis Period (min) 15 c Critical Lane Group 15 -001 Orange Ave Site Nick Liguori, PE AM Existing Page 1 HCM Signalized Intersection Capacity Analysis 100: Gus Nicks Blvd & US 460 M12015 � � � t � t %* 4 Lane Configurations ) }} r § NA Spht NA 4 Split r ej 1 6 Volume (vph) 6 648 157 45 1332 1 717 9 87 72,0 13 1s 15 80.5 Ideal Flow(vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 f 1900 Total Lost time (a) 4,0 4.5 4.5 4.0 4.5 0.76 4.5 4.5 4,0 4.6 46 0.05 Lane Util. Factor 1100 0.95 1.00 1.00 0.95 6.5 0.95 0.95 1.00 1,00 1.00 Vehicle Extension ls) I'd 1.00 1,00 0.85 1.00 1.00 45 1.00 1.00 0.85 100 0.94 1517 FB Protected 0.95 1.00 1.00 0,95 1.00 94 0.95 0,95 1.00 0.95 1.00 c0.03 Said. Flow (Prot) 1770 3282 1583 1770 3282 v/c Ratio 1681 1687 1583 1770 1755 0.80 Fit Permitted 0.95 1.00 1.00 0.95 1.00 294 0.95 0,95 1.00 0.95 1.00 321 Said. Flow (pen) 1770 3282 1583 1770 3282 0.93 1681 1687 1583 1770 1755 1.00 Peak -hour factor, PHF 092 0.92 0.92 0,92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 7 704 171 49 1448 1 779 10 95 14 16 10 RTOR Reduction (vph) 0 0 41 0 0 0 0 C C Lane Group Flow (vph) 7 704 130 49 1449 0 397 0 392 57 0 9 0 Haaw V.hiHoc rosy au 4nv - ... ._.. _.. _. 38 14 17 0 Turn Type Protected Phases Prot NA pmrov Prot NA Spht NA pmrov Split NA Permitted Phases 1 6 3 6 5 2 3 3 5 4 4 Actuated Green, G(s) 2.0 72,0 1174 10.5 80.5 45.4 45.4 3 55.9 6.5 6.5 Effective Green. g (s) 40 74.0 1214 12.5 82.5 47.4 47.4 59.9 8.5 86 Actuated g/C Ratio 0 02 0.46 0.76 0.08 0.52 0.30 0.30 0.37 0.05 0.05 Clearance Time (s) 6.0 6.5 6.5 60 6.5 6.5 6.5 6.0 6.6 6.6 Vehicle Extension ls) 35 60 45 35 60 45 45 35 35 35 Lane Grp Cap (vph) 44 1517 1245 138 1692 497 499 592 94 93 v/s Raba Prot we Ratio Perm 0.00 0.21 0.03 c0.03 c0.44 c0.24 0.23 0.01 0.01 c0, 01 v/c Ratio 0.16 0.46 005 0.10 036 0.86 0.80 0.79 0.02 0.06 0.15 0.18 Uniform Delay, dl 76.4 294 51 699 336 519 516 321 723 724 Progression Factor 1.00 1.00 1.00 0.93 0.65 1.00 100 1.00 1.00 1.00 Incremental Delay. d2 20 1.0 01 14 4.6 97 8.9 0.1 09 1.1 Delay (s) Level of Service 78.4 E 30.5 51 66.8 26.4 61.6 60.5 321 73.2 73.5 Approach Delay (s) C 25.9 A E C 27.8 E E 57.9 C E E Approach LOS C C E 73.4 E HCM 2000 Control Delay 359 HCM 2000 Level of Service D HCM 2000 Volume to Capacity ratio 0.79 Actuated Cycle Length (s) 1600 Sum of lost time (s) 17 6 Intersection Capacity Utilization 71.7% ICU Level of Service g Analysis Period (min) 15 c Crifical Lane Group 15 001 Orange Ave Site Nick Liguon, PE AM Future No Build Page 1 HCM Signalized Intersection Capacity Analysis 100: Gus Nicks Blvd & US 460 2)13/2015 - -*4 t 1 / voiume (vpn) 6 669 157 58 1417 1 717 9 90 13 15 9 Ideal Flow(vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 Total Lost Bme(s) 4,0 4.5 4.5 4.0 4.5 4.5 4.5 40 4.6 46 Lane Util, Factor 1.00 0.95 1.00 100 0.95 0.95 0.95 1.00 1.D0 1.00 Fit Fft Protected 1.00 1.00 0.85 1.00 1.00 1.00 1.00 0.85 100 0.94 Said. Flow (prot) 0.95 1770 1.00 3282 1.00 1583 0.95 1770 1.00 0,95 095 1.00 0.95 1.00 Flt Permitted 0.95 1.00 1.00 0.95 3282 1.00 1681 0.95 1687 0.95 1583 1 1770 1755 Said. Flow (perm) 1770 3282 1583 1770 3282 1681 1687 D 1583 0.95 1770 1.00 1755 Peak -hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj, Flow (vph) 7 727 171 63 1540 1 779 10 98 14 16 10 RTOR Reduction (vph) 0 0 41 0 0 0 0 Lane Group Flow (vph) 7 727 130 63 1541 0 397 0 392 59 39 0 14 9 0 Heave Vehicles ( %) 2% 10% 2% 2% 10% 2% 2% 2% 2% 2% 17 2% 0 2% 1 urn Type Protected Phases Prot NA pm+ov Prot NA Split NA pmrov Split NA Permitted Phases 1 6 3 6 5 2 3 3 5 4 q Actuated Green, G (s) 2.0 71.8 1172 10.7 80.5 454 45.4 3 56.1 6.5 6,5 Effective Green, g(s) 4.0 73.8 1212 121 825 474 474 60.1 8.5 8.5 Actuated 9/C Ratio 0.02 0,46 0.75 0.08 0.52 0.30 0.30 0.38 005 0.05 Clearance Time(a) 6.0 65 65 60 6.5 65 6.5 60 65 66 Vehicle Extension (s) 35 60 45 35 60 45 45 35 35 35 Lan Grp Cap (vph) 44 1513 1243 140 1692 497 499 594 94 93 vls Ratio Prot 0.00 0.22 0,03 :0.04 c0.47 :0.24 0.23 0.01 0.01 00.01 v/s Ratio Pen 005 v/c Ratio 0.16 0.48 0,10 0.45 0.91 0.80 0.79 002 HIT 0.15 0.18 Uniform Delay, dl 76.4 29.8 5.1 70.3 354 519 516 320 723 724 Progression Factor Incremental Delay, d2 1.00 1.00 1.00 0.95 0.68 100 1.00 1.00 1.00 1.00 Delay (s) 20 78.4 1.1 30.9 0.1 5.2 2.2 68.9 7.5 31.6 91 8.9 0.1 09 1.1 Level of Service E 61.6 60.5 32.0 73.2 735 Approach Delay (s) C 26.4 A E C 33.1 E E C E E Approach LOS C 57.8 73.4 C E E HCM 2000 Control Delay 38.2 HCM 2000 Level of Service D HCM 2000 Volume to Capacity ratio 082 Actuated Cycle Length (s) 1600 Sum of lost time (s) 17 6 Intersectbn Capacity U6lieahon 82.5% ICU Level of Service E Analysis Pered(min) 15 c Critical Lane Group is -uel Urange Ave Site Nick Liguori, PE AM Build Page 1 HCM Signalized Intersection Capacity Analysis 100: Gus Nicks Blvd & US 460 _ 2/2412015 -** ~ "V ! ~ ♦ 4N t 1* ` j 41 Lane Configurations vi N pm+ov Prot NA lit NA Pmro Spld NA Permiltetl Phases Volume (vph) 49 1063 502 118 1097 3 534 39 51 31 88.5 122.8 Ideal Flow(vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 66 1900 4r 190[ Total Lost time (a) 4.0 4.5 4.5 4.0 4.5 0.06 60 4.5 075 65 0.08 60 0.56 65 0.21 0,21 Lane MI. Factor 1 00 0.95 1.00 1.00 0,95 76.8 0.95 4.5 095 4.0 4.6 4 6 6.6 Fit 1.00 1,00 0.85 1,00 1.00 1.00 1.00 1.00 0.85 1.00 1 DO 1.00 0.94 Flt Protected 0.95 1.00 1.00 0.95 1.00 0.95 0.96 1.00 0.95 1.00 HCM 2000 Control Delay Satd. Flow (prof) 1770 3282 1583 1770 3281 1681 1698 1583 1770 1752 Flt Permitted 0,95 1.00 1.D0 0,95 1.00 0.95 0.96 1.00 0,95 1.00 176 Said. Flow (pen). 1770 3282 1583 1770 3281 ICU Level of Service 1681 1696 1583 1770 1752 Analysis Period (min) Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 c Critical Lane Group Adj. Flow(vph) 53 1155 546 128 1192 3 580 42 0.92 55 0.92 0.92 0.92 RTOR Reduction Ivor) 0 0 51 0 0 0 34 72 47 Lane Group Flow (vph) 53 1155 495 128 1195 0 0 307 0 315 39 0 14 0 Haaw Vehim.. rYl nui .nm .... _.. .__ 16 34 105 0 Turn T Protected Phases VIM N pm+ov Prot NA lit NA Pmro Spld NA Permiltetl Phases 6 3 6 5 2 3 3 5 5 4 q Actuated Green, G (s) 8,0 88.5 122.8 12.0 92.5 343 34.3 3 46.3 9.6 9.6 Effective Green, g (s) Actuated Ratio 10.0 905 1268 14.0 94.5 36.3 363 503 11.6 116 g/C Clearance Time (a) 0.06 60 0.53 65 075 65 0.08 60 0.56 65 0.21 0,21 0.30 0.07 0.07 Vahic PA ... -(el f c n 76.8 127.4 _ 6.5 6.5 6.0 6.6 6.6 v/s Ratio Prot 0.03 0.35 0.09 '"1 00.07 00.36 JO 0.18 we 00.19 45e 0.00 120 0.02 119 :0.06 We Ratio Pen 0.23 0.01 v/c Ra6'o Uniform Delay. dl 0.51 77.6 066 28.7 0.40 0.88 0,66 0.86 0.87 0.03 0.28 0.88 Progression Factor 1.00 100 79 1.00 77.2 26.4 0.88 1.73 64.4 1.00 64.6 1.00 426 1.00 75.3 785 Incremental Delay. d2 4.6 2.0 04 38.5 16 191 208 00 1,00 15 100 48.9 Delay (a) Level of Service 82.2 30.7 8.2 106.7 473 83.5 853 42.6 76.8 127.4 Approach Delay (s) F C 25.2 A F D 510 F F D E f Approach LOS C D 81.0 116.2 It F F HCM 2000 Control Delay 47.9 HCM 2000 Level of Service D HCM 2000 Volume to Capacity talk) 0.75 Actuated Cycle Length (s) 1700 Sum of lost time (s) 176 Intersection Capacity Utiliza8on 72.1% ICU Level of Service g Analysis Period (min) 15 c Critical Lane Group 15 -001 Orange Ave Site Nick Liguori, PE PM Existing Page 1 HCM Signalized Intersection Capacity Analysis 100: Gus Nicks Blvd & US 460 216/2015 Lam Configurations Volume (vph) 50 1084 512 120 1119 3 545 40 52 32 67 4r Ideal Flow(vphpl) Total Lost time (s) 1900 4.0 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 190( Lane Uhl. Factor 1.00 4.5 0.95 4,5 1.00 4.0 1,00 4.5 0.95 4.5 4.5 4.0 4.6 46 Fd 1.00 1,00 0.85 1.00 100 0.95 1.00 0.95 1.00 1.00 0.85 1.00 1.00 Fit owed 0.95 1.00 1.00 0,95 100 0 95 0.96 1.00 1.00 0.95 0.94 1.00 d. Fl Said. Flow (prof) 1770 3282 1583 1770 3281 1681 1696 1583 1770 1752 Fit Permitted Said. Row (pen) 0.95 100 1.00 0.95 1.00 0.95 0.96 1.00 0.95 1.00 1770 3282 1583 1770 3281 1681 1696 1563 1770 1752 Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Ad(. Flow (vph) 54 1178 557 130 1216 3 592 43 57 35 73 RTOR Reduction (vph) 0 0 50 0 0 48 Lane Group Flow (vph) 54 1178 507 130 0 1219 0 0 314 0 321 40 0 14 0 Heavy Vehicles 1 %) 2% 10% 2% 2% 10% 2% 2% 2% 17 2% 35 2% 107 2% 0 2% Turn Type Protected Phases Prot NA pm +ov Prot NA Split NA pmrov Spht NA Permitted Phases 1 6 3 6 5 2 3 3 5 4 4 Actuated Green, G (s) 8.0 88.5 123.0 12.0 92.5 34.5 34.5 3 46.5 9.4 9,4 Effective Green, g (s) 10.0 90.5 127.0 14.0 94.5 365 36.5 50.5 114 11.4 Actuated 91C Ratio 006 0.53 075 008 0.56 0.21 0.21 0.30 0.07 0.07 Clearance Time (s) 6.0 6.5 65 60 65 6.5 6.5 60 66 66 Vehicle Edens'-n(0 3.5 60 45 35 60 45 45 35 35 35 Lane Grp Cap (M) 104 1747 1224 145 1823 360 364 470 118 117 v/s Ratio Prot We Ratio Perm 0.03 0,36 0.09 CO , 07 c0.37 0.19 c019 000 0.02 c0.06 v/c Ratio 0.52 0.67 0.23 0.41 0.90 0.67 0.87 0.88 0 01 0.04 0,30 0.91 Uniform Delay, d1 777 29.0 79 773 267 64 5 64.7 42 5 75.5 78.8 Progression Factor 1.00 1.00 1 00 0.87 1.76 1.00 1.00 1.00 1.00 1.00 Incremental Delay. d2 50 21 04 407 17 211 22.3 00 17 576 Delay (s) Level of Service 62.7 F 31.1 8.3 108.4 48.5 85.6 869 42.5 77.1 136.4 Approach Delay (s) C 255 A F D 543 F F D E F Approach LOS C 821 123.1 D F F HCM 2000 Control Delay 490 HCM 2000 Level of Service D HCM 2000 Volume to Capacity ratio 0.76 Actuated Cycle Length (s) 1700 Sum of lost hme Is) 176 Intersection Capacity Utilization 73,0% ICU Level of Service D Analysis Period (min) 15 c Critical Lane Group Dour orange Ave Site Nick Cguon, PE PM Future No Build Page 1 HCM Signalized Intersection Capacity Analysis 100: Gus Nicks Blvd & US 460 211312015 -► 1! t 1 T P �► 1 volume (Von) 50 1167 512 127 1184 3 545 40 65 32 67 44 Ideal Flow(vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 190C Total Lost time (s) 4.0 4.5 4.5 4.0 4.5 4.5 4.5 4.0 4.6 4.6 Lane Utti. Factor 1.00 0.95 1,00 1.00 0.95 0.95 095 1.00 1.00 1.00 Po Flt Protected 1.00 0.95 1,00 1.00 0.85 1.00 1.00 0.95 1.00 1.00 1.00 1.00 0.85 1.00 094 Sand. Flow (plot) 1770 3282 1583 1770 3281 195 1681 0.96 1696 1.W 1583 0.95 1770 1.00 1752 Flt Permitted 0.95 1.00 1.00 0.95 1.00 0.95 0.96 1.00 0.95 1.00 Sand. Flow (pen) 1770 3282 1583 1770 3281 1681 1696 1583 1770 1752 Peak -hour factor, PHF 0.92 0.92 0,92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 012 0.92 Adj. Flow(vph) 54 1268 557 138 1265 3 592 43 71 35 73 48 RTOR Reduction (vph) 0 0 48 0 0 0 0 0 Lane Group Flow (vph) 54 1268 509 138' 1268 0 314 321 47 24 0 35 14 107 0 0 Heavy Vehicles ( %) 2% 10% 2% 2% 10% 2% 2% 2% 2% 2% 2% 2% Tum Type Protected Phases Prot NA pm +ov Prot NA Split NA pm +ov Split NA Permitted Phases 1 6 3 6 5 2 3 3 5 4 4 Actuated Green, G (s) 8.0 88.5 123.0 12.0 925 34,5 34.5 3 46.5 9.4 9,4 Effective Green, g(a) 100 905 1270 14.0 945 365 365 505 114 114 Actuated g/C Rata 0.06 0.53 0.75 0.08 0.56 0.21 0.21 0.30 0.07 0.07 Clearance Time (s) 60 65 65 60 65 65 6.5 60 66 66 Vehicle Extension (sl 35 60 45 35 60 45 45 35 35 35 Lae Grp Cap (vph) 104 1147 1224 145 1823 360 364 470 118 117 vls Ratio Prot 0.03 c0.39 0.09 c0.08 c039 0.19 c0.19 0.00 0g2 c0.06 v/s Raba Perm 023 vlc Ratio Uniform Delay, di 077 079 095 070 0.01 Progression Factor 777 1.00 303 30.3 1.00 7.9 1.00 777 777 0,89 27.3 1.70 64.5 645 647 647 426 426 75.5 755 788 788 Incremental Delay, d2 50 2.7 04 55.3 19 1.00 21.1 1.00 223 1.00 1.00 100 Delay (s) 82.7 330 83 124.2 48.4 85.6 86.9 01 42.7 1.7 77.1 576 136,4 Level of Service F C A F D F F D E Approach Delay (s) 27.1 55.8 81.9 F Approach LOS C E 123.1 I't F F HCM 2000 Control Delay 49.8 HCM 2000 Level of Service - HCM 2000 Volume to Capacly ratio 0.79 Actuated Cycle Length (s) 1700 Sum of lost time (s) 17 6 Intersection Capacity Utilization 74.3% ICU Level of Service D Analysis Period (min) 15 c Critical Lane Group Ip -Upl Urange Ave Site Nick Uguon, PE PM Build Page 1 0 DAVENPORT Orange Avenue at 25' Street 3/26/2015 15 -3001 East Orange Avenue Apartments — Transportation Impact Analysis 28 HCM Unsignalized Intersection Capacity Analysis 200: 24th St & US 460 2/242015 -• 1 r l 41 Lane Configurations �4 Volume (vehm) 21i 7712 0 0 1343 13 3 38 4 0 5 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly fim rate(vph) 23 774 0 33 1460 14 3 4 41 4 0 5 PedesMans Lane Width (ft) Walking Speed (IVs) Percent Blockage Right turn Aare (veh) Median type None None Median storage veh) Upstream signal (ft) 289 p%, platoon unblocked 0,86 0.86 0.86 0.86 0.86 0.86 vC, mnfiicting volume 1474 774 1620 2359 387 2008 2352 737 vCi, stage mnf vol 42, stage 2 miff vol vCu, unblocked vol 1474 417 1399 2256 0 1849 2248 737 IC, single (a) 4.1 4.1 75 6.5 69 7.5 65 6.9 tC, 2 stage (s) IF (s) 22 2.2 3.5 4.0 33 35 40 33 p0 queue free % 95 97 96 87 96 86 100 98 cM capacity (vehrh) 453 981 80 32 935 32 33 361 Volume Total 23 516 258 33 973 501 49 10 Volume Left 23 0 0 33 0 0 3 4 Volume Right 0 0 0 0 0 14 41 5 cSH 453 1700 1700 981 1700 1700 222 65 Volume to Capacity 0.05 030 0.15 003 057 0.29 0.22 015 Queue Length 95th (h) 4 0 0 3 0 0 20 12 Control Delay (s) 134 0.0 00 88 0.0 00 257 704 Lane LOS B A D F Approach Delay (s) 04 0.2 257 704 Approach LOS D F Average Delay 1.1 Intersection Capacity Utilization 475% ICU Level of Service A Analysis Period (min) 15 15 -001 Orange Ave Site AM Edsting Nick Liguori, PE Page 1 HCM Unsignalized Intersection Capacity Analysis 200: 24th St & US 460 2(612015 • / ~ \ ♦ / ♦ ~ • ` t ' Lane Configurations Vi 0 R 0 4 Volume(vehm) 21 726 0 31 1370 13 3 4 39 4 0 5 Sign Control Free Free Slop Stop Grade 0% 0% 0% 0% Peak Hour Factor 0,92 0,92 0,92 0.92 0.92 0.92 0.92 0,92 0.92 0.92 0.92 0.92 Houdy flow rate Ivor) 23 789 0 34 1489 14 3 4 42 4 0 5 Pedestrians Lane Width (a) Walking Speed (fOs) Percent Blockage Right turn Aare (van) Median type None None Median storage van) Upstream signal (ft) 289 p%, Plalwn unblocked 0,86 0.86 0.86 0.86 0.86 0.86 vC, conflicting volume 1503 789 1652 2405 395 2048 2398 752 vCl, stage 1conf vol vC2, stage 2 conf vol vCu, unblocked vol 1503 419 1427 2306 0 1889 2298 752 tC, single (s) 41 4.1 7.5 6.5 6.9 7.5 6.5 69 C. 2 stage (s) IF (a) 2.2 22 3.5 4.0 33 35 4.D 33 PO queue free % 95 97 96 85 95 85 100 98 cM capacity (veh h) 442 973 75 30 929 29 30 353 Volume Total 23 526 263 34 993 511 50 10 Volume Lek 23 0 0 34 0 0 3 4 Volume Right 0 0 0 0 0 14 42 5 cSH 442 1700 1700 973 1700 1700 212 59 Volume to Capacity 0.05 031 015 003 0.58 0.30 024 016 Queue Length 95th (8) 4 0 0 3 0 0 22 14 Control Delay (s) 136 00 0.0 88 00 00 27.1 77.1 Lane LOS B A D F Approach Delay (s) 04 0 2 27 1 77 1 Approach LOS D F Average Delay 11 Intersection Capacity Utilization 48.3`4 ICU Level of Service A Analysis Penod(min) 15 15 -001 Orange Ave Site AM Future No Build Nick Liguon, PE Page 1 HCM Unsignalized Intersection Capacity Analysis 200: 24th St & US 460 2/1 312 01 5 • ` • A Lane Configurations `1 }j, yj 0 4. 4, Volume(vehm) 21 750 0 31 1468 14 3 4 39 5 0 5 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0,92 0.92 0.92 0,92 0.92 0.92 Hour Baw rate Ivor) 23 815 0 34 1596 15 3 4 42 5 0 5 Pedestrians Lane WMth (t) Walking Speed (f ls) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) 289 p%, platoon unblocked 0.85 0.85 0.85 085 0,85 0.85 vC, conflicting volume 1611 815 1732 2539 408 2168 2532 805 VCl, stages conf Vol vC2, stage 2 point Vol vCu, unblocked Vol 1611 430 1508 2458 0 2022 2449 805 VC, single (s) 41 4.1 7.5 6.5 69 7.5 6.5 69 tC, 2 stage (s) IF (s) 22 22 3.5 40 3.3 3.5 4.0 33 PO queue free% 94 96 95 81 95 75 100 98 cM capacity (vehm) 401 957 65 23 922 22 24 325 Volume Total 23 543 272 34 1064 547 50 11 Volume Left 23 0 0 34 0 D 3 5 Volume Right 0 0 0 D 0 15 42 5 cSH 401 1700 1700 957 1700 1700 177 41 Volume to Capacity 0.06 032 0.16 004 0.63 032 028 026 Queue Length 95th (t) 5 0 0 3 0 0 28 22 Control Delay (s) 145 00 00 8.9 00 00 33.1 1208 . Lane LOS B A D F Approach Delay (s) 04 02 33.1 120.8 Approach LOS D F Average Delay 1.4 Intersection Capacity Utilization 51.0% ICU Level of Serve A Analysis Period (min) 15 15 -001 Orange Ave Site AM Build Nick Liguori, PE Page 1 HCM Unsignalized Intersection Capacity Analysis 200: 24th St & US 460 2/24/2015 • / ` ♦ t- 1 T I + INZWE Lane Confgurahons 41 efr Volume (vehlh) 21 1124 0 18 1209 32 0 0 B 8 0 9 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0,92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (vph) 23 1222 0 20 1314 35 0 0 9 9 0 10 Pedestrians Lane Width (ft) Walking Speed (Ills) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) 289 pX, platoon unblocked 0.75 0.75 0.75 0.75 0.75 0.75 vC, confidng volume 1349 1222 1973 2655 611 2036 2638 674 vC1, stage 1 cowl vol vC2, stage 2 conl vol vCu, unblocked vol 1349 619 1625 2539 0 1709 2515 674 tC. single (s) 4.1 41 7.5 6.5 69 7.5 8.5 6.9 tC, 2 stage (s) IF (s) 22 2.2 35 40 3.3 3.5 4.0 3.3 PO queue Ilse % 95 97 100 100 99 79 100 98 cM capacity (vehlh) 506 715 47 19 810 41 19 397 Volume Tot at 23 B74 407 20 876 473 9 18 Volume Left 23 0 0 20 0 0 0 9 Volume Right 0 0 0 0 0 35 9 10 cSH 506 1700 1700 715 1700 1700 810 78 Volume to Capacity 0.05 048 024 003 052 028 0.01 0.24 Queue Length 95th (ft) 4 0 0 2 0 0 1 21 Control Delay (s) 124 0.0 00 10.2 00 00 95 64.9 Lane LOS B B A F Approach Delay (s) 02 0.1 95 64.9 Approach LOS A F Average Delay 03 Intersection Capacity Utilixabon 488% ICU Leve'. of Service A Analysis Period (min) 15 1&001 Orange Ave Site PM Existing Nick Liguon, PE Page 1 HCM Unsignalized Intersection Capacity Analysis 200: 24th St & US 460 21612015 Lane Configurations yj i yj T. 4- F('i Volume (vahm) 21 1147 0 18 1233 33 0 0 8 8 0 9 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Peak Hour Factor 092 0.92 0.92 0.92 0.92 0.g2 0.92 0.92 0.92 092 0.92 0.92 Hourly flow rate Ivor) 23 1247 0 20 1340 36 0 0 9 9 0 10 Pedestrians Lane Width (ft) Walking Speed IfUs) Percent Blockage Right tum flare (veh) Median type None None Median storage veh) Upstream signal (ft) 289 p%, platoon unblocked 0.74 174 0.74 0.74 0.74 0.74 vC, conflicting volume 1376 1247 2011 2708 623 2075 2690 688 vC1, stage 1 canf vol vC2, stage 2 coof vol vCu, unblocked vol 1376 627 1662 2604 0 1748 2580 68B VC, single (a) 4.1 4.1 75 65 69 75 65 69 VC, 2 stage (s) IF (s) 2.2 2.2 3.5 40 3.3 3.5 4.0 3.3 p0 queue free % 95 97 100 100 99 77 100 97 cM capacity(vehln) 494 702 43 17 801 38 17 389 Total Volum;Tot, 23 831 416 20 893 483 9 18 Volume Left 23 0 0 20 0 0 0 9 Volume Right 0 0 0 0 0 36 9 10 cSH 494 1700 1700 702 1700 1700 801 73 Volume to Capacity 0.05 049 024 003 053 028 0.01 025 Queue Length 95th (ft) 4 0 0 2 0 0 1 23 Control Delay (s) 126 00 00 10.3 00 00 95 70.8 Lane LOS B B A F Approach Delay (s) 02 01 95 708 Approach LOS A F Average Delay 01 Intersection Capacity Ubluation 495% ICU Levei of Service A Analysis Period (min) 15 15 -001 Orange Ave Site PM Future No Build Nick Uguon, PE Page 1 HCM Unsignalized Intersection Capacity Analysis 200: 24th St & US 460 2113/2015 --u" -► 1! '' t 1 1 O �► : J Volume(whth) 21 1242 0 18 1285 34 0 0 8 9 0 9 Sign Contrd Free Free Slop Stop Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0,92 Hourly flow rate(vph) 23 1350 0 20 1397 37 0 0 9 10 0 10 Pedestdans Lane Width (ft) Walking Speed (foal Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (fti 289 p%, platoon unblocked 0.71 0.71 0.71 0.71 0.71 0.71 vC, conflicting volume 1434 1350 2143 2868 675 2184 2850 717 vC1, stage 1 wnf vol vC2, stage 2 conf vol vCu, unblocked vol 1434 662 1785 2814 0 1843 2787 717 tC, single (a) 4.1 4.1 7.5 65 6.9 7.5 65 6.9 iC, 2 stage (s) IF (a) 2.2 2.2 3.5 40 33 3.5 4.0 33 p0 queue free % 95 97 100 100 99 68 100 97 cM capacity (vehlh) 470 651 33 12 765 31 12 372 Volume Total 23 900 450 20 931 503 9 20 Volume Left 23 0 0 20 0 0 0 10 Volume Fight 0 0 0 0 0 37 9 10 cSH 470 1700 1700 651 1700 1700 765 56 Volume to Capacity 0.05 0.53 026 003 055 0.30 0.01 035 Queue Length 95th (ft) 4 0 0 2 0 0 1 31 Control Delay (s) 13.1 00 00 10.7 0.0 0.0 9.8 99.5 Lane LOS B B A F Approach Delay (s) 02 0.1 98 99.5 Approach LOS A F Average Delay 0.9 Intersection Capacity UbIrZabon 51 0% ICU Levei of Semce A Analysis Period (min) 15 15-001 Orange Ave &te Nick Liguod, PE PM Build Page 1 0 DAVENPORT Orange Avenue at Site Access 1 3/26/2015 15 -3001 East Orange Avenue Apartments— Transportation Impact Analysis 29 HCM Unsignalized Intersection Capacity Analysis 300: BP Access & US 460 2J24i2015 - 7 ! ~ 1 I Volume (vehPo) 725 29 12 1374 12 28 Sign Control Free Free Stop Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly Bow rate (vph) 788 32 13 1493 13 30 Pedestrians Lane Width (It) Walking Speed (ftfs) Percent Blockage Right turn Bare (van) Median type None None Median storage veh) Upstream signal (ft) p%, platoon unblocked vC, conflicting volume 820 1577 410 vC1, stages conf vol vC2, stage 2 conf vol vCu, unblocked vol 820 1577 410 2, single (a) 4.1 6.8 6.9 tC, 2 stage (s) IF (a) 22 35 3.3 p0 queue free % 98 87 95 cM capacity (vehfn) 805 99 591 Volume Total 525 294 511 996 Ali 13 30 Volume Left 0 0 13 0 13 0 Volume Poght 0 32 0 0 0 30 cSH 1700 1700 805 1700 99 591 Volume to Capacity 0.31 017 002 059 0.13 0.05 Queue Length 95th (ft) 0 0 1 0 11 4 Control Delay (s) 0.0 0.0 05 0.0 470 11.4 Lane LOS A E 8 Approach Delay (s) 0.0 02 22.1 Approach LOS C Average Delay 0.5 Intersection Capacity Utilization 564% ICU Level of Service B Analysis Period (min) 15 15 -001 Orange Ave Site Nick Lguon, PE AM Existing Page i HCM Unsignalized Intersection Capacity Analysis 300: BP Access & US 460 2117/2015 Volume (vehm) 740 29 13 1401 12 29 Sign Control Free Free Stop Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate(vph) 804 32 14 1523 13 32 Pedestrians Lane 6Ndth (ft) Walking Speed (fl/s) Percent Blockage Rgbt turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked VC, connoting volume 836 1610 418 vC1, stages conf vol vC2, stage 2 cmf vol vCu, unblocked vol 836 1610 418 tC, single (s) 41 6.8 6.9 tC, 2 stage (s) tF(s) 22 35 33 PO queue hee % 98 86 95 cM capedty (vehlh) 794 94 584 Volume Total 536 300 522 1015 13 32 Volume Left 0 0 14 0 13 0 Volume Right 0 32 0 0 0 32 cSH 1700 1700 794 1700 94 584 Volume to Capacity 0.32 018 002 0.60 014 005 Queue Length 95th (ft) 0 0 1 0 12 4 Control Delay (s) 00 0.0 0.5 0.0 496 11.5 Lane LOS A E B Approach Delay Is) 0.0 0.2 227 Approach LOS C Average Delay 0.5 Intersection Capacity Ublizabon 57.9% ICU Level of Service B Analysis Period (min) 15 15 -001 Omnge Ave Site AM Future No Build Nick Liguori, PE Page 1 HCM Unsignalized Intersection Capacity Analysis 300: Blo Access /Site Access 1 & US 460 21712015 -00 "IF 4�' t t 1 Volume(veh/h) 12 752 29 13 1450 4 12 0 29 16 0 49 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly bow rate yph) 13 817 32 14 1576 4 13 0 32 17 0 53 Pedestrians Lane Width (it) Walking Speed (ft/s) Percent Blockage Right turn Aare (veh) Median type None None Median storage veh) Upstream signal (ft) p%, platoon unblocked vC, conflicting volume 1580 849 1729 2468 424 2073 2482 790 vC1, stage 1 conf vol vC2, stage 2 conf vol vCa, unblocked vol 1580 849 1729 2468 424 2073 2482 790 tC, single (a) 4.1 4.1 75 65 69 75 65 69 tC, 2 stage (s) lF(a) p0 queue free % 22 97 22 98 35 4.0 33 35 4.0 3.3 cM capacity (veh/h) 412 785 72 46 100 28 95 578 39 28 100 28 84 333 Volume TOtai 422 440 802 792 13 32 71 Volume Left 13 0 14 0 13 0 17 Volume Right 0 32 0 4 0 32 53 cSH 412 1700 785 1700 46 578 91 Volume to Capacity 0.03 026 0.02 047 028 0.05 0.77 Queue Length 95th (ft) 2 0 1 0 24 4 101 Control Delay (s) 10 00 05 0.0 1121 11.6 121.6 Lane LOS A A F B F Approach Delay (s) 0.5 0.2 410 1216 Approach LOS t E F Average Delay 4.4 Intersection Capacity Utiliution 666% ICU Level of Service C Analysis Period (min) 15 15 -001 Orange Ave Site Nick Liguori, PE AM Build Page 1 HCM Unsignalized Intersection Capacity Analysis 300: BP Access /Site Access 1 & US 460 211712015 --* ♦ 4 t 4, t r l/ Volume(veh/h) 12 752 29 13 1450 4 12 0 29 16 0 49 Sign Control Free Free Stop Stop Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly bow rate (vyh) 13 817 32 14 1576 4 13 0 32 17 0 53 Pedestrians Lane Width (ft) Walking Speed (fin) Percent Blockage Right turn Aare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 1580 849 1729 2466 424 2071 2479 788 vC1, stage 1 conf vol VC2, stage 2 cant vol vCu, unblocked vol 1580 849 1729 2468 424 2071 2479 788 tC, single (s) 4,1 4.1 75 6.5 69 7.5 65 6.9 tC, 2 stage (s) IF (a) 22 2.2 35 4.0 3.3 3.5 4.0 3.3 pO queue free% 97 98 72 100 95 39 100 84 CM capacity (ve1Vh) 412 785 46 28 578 28 28 334 Volume Total 13 545 304 539 1051 4 13 32 17 53 Volume Left 13 0 0 14 0 0 13 0 17 0 Volume Right 0 0 32 0 0 4 0 32 0 53 cSH 412 1700 1700 785 1700 1700 46 578 28 334 Volume to Capacity 003 032 018 0.02 0.62 0.00 0.28 005 0.61 016 Queue Length 95th (fl) 2 0 0 1 0 0 24 4 49 14 Control Delays) 140 00 00 05 00 00 112.1 116 2509 17.8 Lane LOS B A F B F C Approach Delay (s) 02 0.2 41.0 752 Approach LOS t E F Average Delay 3.0 Intersection Capacity Utilization 634% ICU Level of Serowe B Analysis Period (min) 15 15 -001 Orange Ave Site Nick Liguori, PE AM Build t Imps Page 1 HCM Unsignalized Intersection Capacity Analysis 300: BP Access & US 460 / 2/2412015 ~ ♦ • •_ 4 Volume(veh7n) 1102 38 16 1243 16 38 Sign Control Free Free Stop Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (Von) 1198 41 17 1351 17 41 Pedestnans Lane Width (ft) Walking Speed (ft/s) Percent Blockage Poght turn Bare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, conflicting volume 1239 1929 620 vCl, stage 1 conf vol vC2, stage 2 eonf vol vCu, unblocked vol 1239 1929 620 tC, single (s) 4.1 6.8 69 tC, 2 stage (s) tF (a) P0 queue free% 22 97 3.5 3.3 CM capacfty(veh /h) 558 69 56 90 431 Volume Total 799 441 468 901 17 41 Volume Left 0 0 17 0 17 0 Volume Right 0 41 0 0 0 41 cSH 1700 1700 558 1700 56 431 Volume to Capacity 047 026 0.03 0.53 0.31 010 Queue Length 95th (ft) 0 0 2 0 27 8 Control Delay (s) 00 0.0 09 0.0 950 142 Lane LOS A F B Approach Delay (s) 0.0 0.3 38.2 Approach LOS E t Average Delay I'D Intersection Capacity Utflimbon 55.6% ICU Level of Service g Analysis Period (min) 15 15 -001 Orange Ave Site Nick Liguori PM Existing Page 1 HCM Unsignalized Intersection Capacity Analysis 300: BP Access & US 460 2/172015 1 • / 4 �— Volume(vehPo) 1124 39 17 1268 17 39 Sign Control Free Free Stop Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate (Von) 1222 42 18 1378 18 42 Pedestrians Lane Width (8) Walking Speed (his) Percent Blockage Right turn flare (,eh) Median type None None Median storage veh) Upstream signal (ft) 1313 pX, platoon unblocked 0.74 0.74 0.74 vC, conflicting volume 1254 1969 632 vC1, stage l cont vol VC2. stage 2 canf vol vCu, unblocked vol 657 1608 0 tC, single (s) 4.1 68 6.9 tC, 2 stage (s) tF (a) 2.2 3.5 3.3 PO queue free % 97 73 95 cM cepaaty (vehm) 687 69 803 Volume Total 814 450 478 919 18 42 Volume Leff 0 0 18 0 18 0 Volume Right 0 42 0 0 0 42 cSH 1700 1700 687 1700 69 803 Volume to Capacity 048 0.26 003 054 0.27 005 Queue Length 95th (t) 0 0 2 0 24 4 Control Delay (s) 00 00 08 0.0 754 9.7 Lane LOS A F A Approach Delay (s) 00 03 297 Approach LOS D Average Delay 0.8 Intersection Capacdy Utitizabon 57.1% ICU Level of Service B Analysis Period (min) 15 muut Orange Ave Site Nick U'guori, PE PM Future No Build Page 1 HCM Unsignalized Intersection Capacity Analysis 300: BP Access /Site Access 1 & US 460 2JI712015 Volume (vehm) 48 1172 39 17 1294 15 17 0 39 Sign Control Free Free stop 8 0 26 Grade pq, 0% 0% Stop Peak Hour Fodor Hourly flow rate(vph) 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0,92 0.92 0.92 0% 0.92 0.92 Pedestrians 52 1274 42 18 1407 16 18 0 42 9 0 28 Lane Width (ft) Walking Speed (fl!s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) p%, platoon unblocked VC, conflicting volume vCl, stage l conf vol 1423 1316 2168 2859 658 2235 2872 711 VC2, stage 2 conf Vol vCu, unblocked vol tC, single (s) 1423 1316 2168 2859 658 2235 2872 711 C, , 2 stage (s) 4.1 4.1 7.5 6.5 6 9 7.5 6.5 fi.9 tF(s) p0 queue free % 22 89 22 35 4.0 33 3.5 4.0 33 cM capacity (veM) 474 96 521 15 100 90 53 100 92 22 14 407 19 14 375 Volume Total 689 679 722 720 18 42 37 Volume Left 52 0 18 0 18 0 g Volume Right 0 42 0 15 0 42 28 cSH Volume to Capacity 474 0.11 1700 040 521 0.04 1700 22 407 68 Queue Length 95th (ft) 9 0 3 0.42 0.85 0.10 054 Control Delay (a) 32 00 10 0 00 61 3929 9 149 56 108.1 Lane LOS A A F B F Approach Delay (s) 16 05 129.6 108 1 Approach LOS F F Average Delay 5.1 Intersection Capacity Utilization 843% ICU Level of Semce E Analysis Period (min) 15 15 -001 Orange Ave Site Nick Cguorl , PE PM Build Page 1 HCM Unsignalized Intersection Capacity Analysis 300: BP Access /Site Access 1 & US 460 2JI312015 ♦ Lane Configurations 4?t Volume(veh1h) 48 1172 39 17 1294 15 17 0 39 8 0 26 Sign Control Free Free Slop Stop Grade 0% 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 032 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly flow rate(vph) 52 1274 42 18 1407 16 18 0 42 9 0 28 Pedestrians Lane Width (fi) Walking Speed (ft/s) Percent Blockage Right turn flare (veh) Median type None None Median storage veh) Upstream signal (ft) p%, platoon unblocked VC, conflicting volume 1423 1316 2168 2859 658 2227 2864 703 vC1, stage 1 conf vol vC2, stage 2 conf vol vCu, unblocked vol 1423 1316 2168 2859 658 2227 2864 703 tC, single (s) 4.1 4.1 75 65 6.9 75 65 69 tC, 2 stage (s) IF (a) 22 22 35 4.0 3.3 3.5 40 33 PO queue free % 89 96 15 100 90 54 100 93 cM capaoty (veh1h) 474 521 22 14 407 19 14 380 Volume Total 52 849 467 487 938 16 18 42 9 28 Volume Left 52 0 0 18 0 0 18 0 9 0 Volume Right 0 0 42 0 0 16 0 42 0 28 cSH 474 1700 1700 521 1700 1700 22 407 19 380 Volume to Capacity 0.11 050 027 004 0.55 001 085 010 046 0.07 Queue Length 95th (ft) 9 0 0 3 0 0 61 9 32 6 Control Delay (s) 135 0.0 00 10 00 0.0 3923 14.9 3068 152 Lane LOS B A F B F C Approach relay (s) 05 0.3 1294 839 Approach LOS F F Average Delay 4.2 Intersedym Capaaty Utilization 620% ICU Level of Service B Analysis Period (min) 15 15 -001 Orange Ave Site PM Build - Imps Nick Liguon, PE p Page 1 V DAVENPORT Orange Avenue at Site Access 2 3/26/2015 153001 East Orange Avenue Apartments— Transportation Impact Analysis 30 HCM Unsignalized Intersection Capacity Analysis 400: Bridgestone Access & `US 460 w 2J2412015 �� • or- Volume (veh1h) 739 16 16 1371 16 16 Sign Control Free Free Stop Grade 0% 0% 0% Peak Hour Factor 192 0.92 0.92 0.92 0.92 0.92 Hourly flow rate(vph) 803 17 17 1490 17 17 Pedestrians Lane Width (ft) Walking Speed (fUs) Percent Blockage Right tom Bare (veh) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, osn0iding volume 821 1592 410 VC1, stage 1 confvol vC2, stage 2 conf vol vCu, unblocked vol 821 1592 410 tC, single (s) 4.1 68 69 tC, 2 stage (s) IF (a) PO queue has % 22 98 3.5 3.3 GM capacity (vehih) 804 82 96 97 590 ass le" Volume Tala1 536 285 17 745 745 35 Volume Left 0 0 17 0 0 17 Volume Right 0 17 0 0 0 17 cSH Volume to Capacity 1700 032 1700 0.17 804 002 1700 0.44 1700 165 Queue Length 95th (ft) 0 0 2 0 044 011 Control Delay (s) 00 0.0 96 0.0 0 OA 19 32.6 Lane LOS A D Approach Delay (s) 00 0.1 32.6 Approach LOS 0 Average Delay 0.5 Intersection Capacity Utdinibm 47.9% ICU Level of Service A Analysis Period (min) 15 15 -001 Orange Ave Site Nick Uquon, PE AM Existing Page i HCM Unsignalized Intersection Capacity Analysis 400: Bridgestone Access & US 460 2/13/2015 7 ~ • / 4 ~' Volume(veh7h) 753 16 16 1398 16 16 Sign Control Free Free Stop Grade 0% 0% 0% Peak Hour Factor 0.92 0.92 0.92 0.92 0,92 0.92 Hourly flow rate(vph) 818 17 17 1520 17 17 Pedestrians Lane Width (ft) Walking Speed (ft Percent Blockage Right Nm Aare (van) Median type None None Median storage veh) Upstream signal (ft) pX, platoon unblocked vC, confill volume 836 1622 418 vC1, stage 1 con( vol VC2, stage 2 conf vol vCu, unblocked vol 836 1622 418 tC, single (s) 4.1 68 6.9 tC, 2 stage (a) IF (s) 2.2 35 3.3 p0 queue free 98 81 97 cM capacity (vehlh) 794 92 584 Volume Total 546 290 77 760 760 35 Volume Left 0 0 17 0 0 17 Volume Right 0 17 0 0 0 17 cSH 1700 1700 794 1700 1700 158 Volume to Capacity 032 0.17 0.02 045 045 022 Queue Length 95th (ft) 0 0 2 0 0 20 Control Delay (s) 00 00 9.6 00 0.0 34.0 Lane LOS A 0 Approach Delay (s) 00 0.1 340 Approach LOS 0 Average Data 0 6 Intersection Capacity U0lizehon 486% ICU Level of Service A Analysis Period (min) 15 15 -001 Orange Ave Site Nick Liguori, PE AM Future No Build Page 1 AFFIDAVIT APPLICANT: Southeastern Site Acquisitions, LLC LOCATION: 0 and 2512 Dalelon Road, N.E., AND 0 and 2548 Orange Avenue, N.E. Tax Nos. 7130116, 7130102, 7130103, and 7130101 REQUEST: Rezoning to Planned Unit Development COMMONWEALTH OF VIRGINIA ) ) TO -WIT: CITY OF ROANOKE 1 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 2 q M day of f I ) U/nf, , 2015, notices of a public hearing to be held on this day of J U 4 , 2015, on the request captioned above to the owner or agent of the parcels as set out on the attached. Tax No and Owner's Name and Address 3330110 WILCOHESS LLC 539 S MAIN ST FINDLAY, OH, 45840 3330412 AUTOZONEINC PO BOX 2198 MEMPHIS, TN, 38101 -9842 3330503 WHITCOMB MATTHEW J 2321 ORANGE AVE NE ROANOKE, VA, 24012 3330507 SHORT ROBERT L JR 573 CRESTLAND DR ROANOKE. VA, 24019 3330510 CROUCH W G JR 1610 SHADY RUN RD VINTON, VA, 24179 3340109 HEWINS ERIC D 2320 KESSLER RD NE ROANOKE, VA, 24012 3340202 SMITH SHANNAN Y 2412 KESSLER RD ROANOKE, VA, 24012 3340302 SANTACROCE CHRISTOPHER 2220 EAST GATE AVE NE ROANOKE, VA, 24012 3340401 GRAEWIN LINDSAY R 2176 HORN CIR VINTON, VA, 24179 3330127 3330401 HUGHES DANIEL P FOUR STARZ PROPERTIES LLC 7040 WOODHAVEN RD 1514 STRAWBERRY MTN DR ROANOKE, VA, 24019 ROANOKE. 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ALTICE LEE ROY S SHARON SUE B CASSELL NOLAN & GRACE GREEN 2511 DALETON RD NE 2515 DALETON AVE NE 2447 KESSLER RD NE ROANOKE, VA, 24012 ROANOKE, VA, 24012 ROANOKE, VA, 24012 7120307 7120308 7120309 LYNCH JAMES E DODD WILLIAM III LEE RONALD EDWARD 2435 DALETON RD NE 2425 DALETON RD NE 2435 KESSLER RD NE ROANOKE, VA, 24012 ROANOKE, VA, 24012 ROANOKE, VA, 24012 7120311 7120312 7120313 TAYLOR MICHAEL SHEPHERD CAMERON DOSTER CORENEE 1527 24TH ST NE 2417 DALETON RD NE 2415 DALETON RD NE ROANOKE, VA, 24012 ROANOKE, VA, 24012 ROANOKE, VA, 24012 7120314 7120315 7120316 SCOTT CHRISTOPHER B KEITH ELIZABETH J LEE RONALD E 2427 KESSLER RD NE 2429 KESSLER RD NE 2435 KESSLER RD NE ROANOKE, VA 24012 ROANOKE, VA, 24012 ROANOKE. VA, 24012 7120317 7120318 7120319 DORN BRENDA MOOREDONNAL BAILEY DEBORAH 2413 DALETON RD NE 2411 DALETON RD NE 2409 DALETON RD NE ROANOKE, VA, 24012 ROANOKE, VA, 2401243011 ROANOKE, VA, 24012 7120320 7120321 7120322 MOSS MARLEEN M THOMPSON ASHLEY M GROOMS STEPHEN T 2407 DALETON BLVD NE 2405 DALETON RD NE 224 MAYBERRY DR ROANOKE, VA, 24012 ROANOKE, VA, 24012 BLUE RIDGE, VA, 24064 7120323 SHORTJAMESL 2401 DALETON RD NE ROANOKE. VA. 24012 7120326 SAVCHENKO SHARON A 1435 24TH ST NE ROANOKE, VA, 24012 7120324 7120325 GREENE TA MANNING BRANDON M 745 NEW VILLAGE DR 1445 24TH ST NE CHRISTIANSBURG, VA, 24073 ROANOKE, VA, 24012-6007 7120401 7130101 RM MANUFACTURING CORPORATION BELLAVISTA HOLDINGS LLC 1723 SEIBEL DR NE 711 POCAHONTAS AVE NE ROANOKE, VA, 24012 ROANOKE, VA, 24012 7130102 7130103 7130104 HYLTON MARY HYLTON MARY REED WALLACEA & JACQUELINE B 2142 COACHMAN DR NE PO BOX 12147 2842 ORANGE AVE NE ROANOKE, VA, 24012 -6800 ROANOKE, VA, 24023 ROANOKE, VA, 24012 7130104 REED WALLACE A & JACQUELINE B 2842 ORANGE AVE NE ROANOKE, VA, 24012 7130107 REED WALLACE A & JACGUELNE B 2842 ORANGE AVE NE ROANOKE, VA, 24012 7130110 TEMPLE EMANUEL CEMETERY OORANGEAVENE ROANOKE. VA, 24012 7130113 REED WALLACE A & JACQUELINE B 2842 ORANGE AVE NE ROANOKE, VA, 24012 7130116 HYLTON MARY PO BOX 12147 ROANOKE. VA, 24023 7130119 MUNDY LAWRENCE C & LAURNAG 1512 SCOTT RD NE ROANOKE, VA, 24012 7130105 7130106 REED WALLACE A & JACQUELINE B REED WALLACE ARNOLD & JACQUELINE B 2842 ORANGE AVE NE 2842 ORANGEAVE NE ROANOKE, VA, 24012 ROANOKE, VA 24012 7130108 REED W A & JACQUELINE B 2842 ORANGE AVE NE ROANOKE, VA, 24012 7130111 TEMPLE EMANUEL CEMETARY 0 ORANGE AVE NE ROANOKE, VA, 24012 7130114 HIGGS JOYCE B 2331 DALETON RD NE ROANOKE, VA, 24012 7130117 SAUNDERS GARY & MARY JEAN 1511 SCOTT RD NE ROANOKE. VA, 24012 7130120 UNDERWOOD DAVID C & JENNIFER W 1515 SCOTT RD NE ROANOKE, VA, 24012 7130109 JONES JOHN 2920 ORANGE AVE ROANOKE. VA, 24012 7130112 BETH ISRAEL CONGREGATION CEMEfARY 920 FRANKLIN RE) ROANOKE, VA, 24016 7130115 HIGGS JOYCE B 2631 DALETON RD NE ROANOKE, VA, 24012 7130118 HINER TARA DEE 1504 SCOTT RD NE ROANOKE, VA, 24012 7130121 DOUTHAT JAMES FIELDING 3625 RIDGEWOOD UN ROANOKE, VA, 24014 7130122 7130123 7140102 DOUTHAT JAMES FIELDING CITY OF ROANOKE HODGES LINDA SHORT 3625 RIDGEWOOD LN PO BOX 1451 440 EDGEMONTCIR ROANOKE, VA, 24014 ROANOKE, VA, 24007 VINTON, VA, 24179 7140102 7140103 7140104 HODGES LINDA SHORT CORGI LLC F & S BUILDING & REMODELING CORP 440 EDGEMONT CIR 3814 PARKWAY PLACE DR 2944 ORANGE AVE NE VINTON, VA, 24179 ROANOKE, VA, 24014 ROANOKE, VA, 24012 7140104 7140106 7140124 F & S BUILDING & REMODELING CORP QUARLES PETROLEUM INC F & S BUILDING & REMODELING CORP 2944 ORANGE AVE NE 1701 FALL HILL AVE 2944 ORANGE AVE NE ROANOKE, VA, 24012 FREDERICKSBURG, VA, 22401 ROANOKE, VA, 24012 7140126 7170104 7170109 LYNCHBURG CRANIE SERVICE INC CRAFT JAMES ROBERT ABERNATHY TERRY JO PO BOX 432 2407 MASON MILL RD NE 2524 MANNING RD NE FOREST, VA. 24551 ROANOKE, VA, 24012 ROANOKE, VA, 24012 7170110 7170117 7170118 CURRAN JOHN J RBR PROPERTIES LLC RBR PROPERTIES LLC 8540 TORRESDALE AVE PO BOX 12961 PO BOX 12961 PHILADELPHIA PA 19136 ROANOKE. VA, 24030 ROANOKE, VA, 24030 7170119 7170201 7180101 ABERNATHY TERRY JO DOUTHAT JAMES FIELDING GIMBERT DOUGLAS M 2524 MANNING RD NE 3625 RIDGEWOOD UN 2701 MARY UNDAAVE ROANOKE. VA 24012 ROANOKE, VA, 24014 ROANOKE, VA, 24012 7180101 7180102 7180103 GIMBERT DOUGLAS M SYDNOR ROBERT& GLORIA M WESTERN VIRGINIAWATER AUTHORITY 2701 MARY LINDAAVE 1094 BOATERS WAY 601 S JEFFERSON ST SW STE 200 ROANOKE, VA 24012 DUNNSVILLE, VA, 22454 ROANOKE, VA, 24011 71801134 7180106 7180111 VARNEY INC FIFTY FIVE HUNDRED LLC JSBONE LLC 1701 SHENANDOAH AVE 3812 DERBY DR 940 CAMNEY LN ROANOKE, VA 24017 ROANOKE, VA, 24012 VINTON, VA 24179 Tina M. Carr SUBSCRIBED ANI�WORN to before e, a Notary Public, In the City of Roanoke, Virginia, this �9 day of 12015. UP A- GINDACE R. MARTIN Notary Public NWARY PUBLIC Co momMWmwNryhV C - mni..' +mom PLANNING BUILDING AND DEVELOPMENT Noel Church Municipal Room 215 5noke hAvenue.011 Roam 1fi5 Roanoke Virginia ax 540 540 853 1770 fax 540 853 1230 ROANOKE nianninordroanokevaaov IMPORTANT NOTICE — PLEASE READ June 29, 2015, An application has been filed with the Department of Planning Building and Development. The Complete application can be viewed on the Planning Building and Development website at htto:// www. roanokeva .Cov /planningcommission. Information on the request is as follows: Application by Southeastern Site Acquisitions, LLC, to rezone property located at 0 Daleton Road, N.E., bearing Official Tax Map Number 7130116, 2512 Daleton Road, N.E., bearing Official Tax Map Number 7130102, 0 Orange Avenue, N.E., bearing Official Tax Map Number 7130103, from CLS, Commercial -Large Site District, and 2546 Orange Avenue, N.E., bearing Official Tax Map Number 7130101, from CG, Commercial - General District, to MXPUD, Mixed Use Planned Unit Development District, with conditions. The proposed uses are multifamily dwelling and community center. The land use categories permitted in the MXPUD District Include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory. The comprehensive plan designates the property for Mixed Residential and General Commercial, but does not specify density. The date, time and place of the public hearing scheduled by the City of Roanoke Planning Commission on the request are as follows: Monday, July 13, 2015,11:30 p.m. City Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Questions concerning this request may be directed to Katharine Gray, City Planner, in the Department of Planning, Building and Development, at 853 -1502. L,ui KLUL� Tina M. Carr, Secretary Roanoke City Planning Commission ZONING DISTRICT MAP 2512 and 0 Daleton Rd. NE and 0 and 2548 Orange Ave. NE; Official Tax Parcels: 7130102, 7130116, 7130103, and 7130101 respectively C3Area to be Rezoned I — I Conditional Zoning Zoning RA (Residentiat-Agriculture) R -12 (Res. Single - Family) R -7 (Res. Single - Family) R -5 (Res. Single- Family) R3 (Res. Single - Family) RM -1 (Res. Mixed Density) RM -2 (Res. Mixed Density) RMF (Res. Multi- Family) CN (Commercial-Neigh) CG (Commer iaFOeneral) CLS (Commercial-Large Site) 1 -1 (Light lndustnall 1 -2 (Heavy Industrial) D (Downlown) MX (Mixed Use) — IN (Institutional) ROS (Red & Open Space) AD (Airport Dev) MXPUD (Mixed Use Planned Unit Dev) INPUD (Institutional Planned Unit Dev) IPUD (Industrial Planned Unit Dev) OF (Urban Flex) /N/1 t: 0 200 4 + 00 Feet ``SSVV�� I —ITi s o N o HOWARD VE A j 0 0 ° 7130119 7130 t20 N d o o w C °s KESSLER RD 7120305 �`fOq �Jd Q,O �o Publisher of the Roanoke Times I, ithe 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 - Planning was published In said newspapers on the following dates: 06130, 071072015 The First insertion being given ... 0613012015 Newspaper reference: 0000185415 c BI Ing Representative Sworn to and subscribed before me We Tuesday, July 7, 2015 The Roanoke Times Account Number Roanoke, Virginia `,`` . ... .. 6011433 Affidavit of Publication n!<; PUBLIC -9 City /County of Roanoke Jkv-, 3(, * REG. #332964 Mi COMMISSION : My Commission expires -7 RECEIVED Date CITY OF ROANOKE - PDV July 07, 2015 Ann Time M. Can JUL 2 2 2015 STEPHANIE M. MOON REYNOLDS - MMC, CITY - CLERK CI'r'yOP ROANOKE 215 CHURCH AVE. SW, SUITE 4% PANNING BUILDING a DEVELOPMENT NOEL C. TAYLOR MUNICIPAL BUILDING ROANOKE, VA 24011 Data Category Deacdplion Ad Size Total Coal 0 710 7/2 01 5 Legal Notices PUBLIC HEARING- Planning Commission i x 157 L 1,501.84 Publisher of the Roanoke Times I, ithe 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 - Planning was published In said newspapers on the following dates: 06130, 071072015 The First insertion being given ... 0613012015 Newspaper reference: 0000185415 c BI Ing Representative Sworn to and subscribed before me We Tuesday, July 7, 2015 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU u . McENlyF� •,, /��✓�— Notary P bli `,`` . ... .. State of Virginia n!<; PUBLIC -9 City /County of Roanoke Jkv-, 3(, * REG. #332964 Mi COMMISSION : My Commission expires -7 OR Q ES r 'y2'I'WcniTU OFD, THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE Any peraM with a disability Acquiring any speew xmmmodrdm to anent w paticlp A, In Me bemings should confect Planning. Building add Opveppmenl at (W) 953.1714 at least &I days inner to the scMtluled FIAT% The Oq at emeake elmmep Commission will hold public hearings on guy ll. Z015. at I3O,.nn,or as soon as the mailers may be heard. to consider these appllcatlpns and recount: Apyle 00 by Vidpinis Wlheran flames; Inc, to amend conditions proffered OF pan of a redoning at 3804 Seardbn Avenue, 5 W.. tearing Cif sal Tax Map Mumher 5181304, pravloury .Ioted by City Council o"Anary, 19, 2010, by the aseque n of Ordinance No. 18109 - 011910 The application Is to amHtl conditions by depladn9 the previously ministers development plan Indeed "Brandon oaks," dated July Z& ZW9, amended Comer 29, 201 nihilist to certain MyM,,. ant the ury"Ai5wlmau[mprrearep corditions: residential: aaommodatfom and pinup Iiyin ; commema; Mart and rtrvcte, a anNna and uagridllltpraf uses 'i am Mttssmy. wM a maxlnWm density of om dealing unit per two 11. al lot.. ant M maximum floor Area ratio. The cOmpRkeosive plan desi9na rA the progeny for residential nedfamlly. A rep eR by the City of Roanoke to amab lesion 2020. Me City" canprehen wo Man, by yxaung and A request by the City Of Postpke to consider an Irdinance amend,, the Pee Compendium of the City to establish Me knowing mw fart be final awemserri (or norm, annewridneents. special exception, natteres, ant appeals to the board of unine p,,Ws. such new foes based pon authority granted to the city of Roanoke by Section 151.2286 of the Codeot Virglnia(L930), ssamenbed: Legal adveniaing fe for a .11 a meadn"Ate4Mieene, 9550 return advenising fee M1)r a several exceptbna"Feationam m"AL5350 Legal adrerfising fee far A variance applAAd00 S250 Legal ddverhOr, fee for dh aepval to the Baam of Zoning Appeals $20 Tina M. Car, Seeretary, City Planning Commission City Camrcll will bold public heady, on the aforesaid applications ant requests on luny 20, 2015, at A00 P., as n as the trailers may be heard. Stephanie M. Moon Reynolds, AMC, City Clerk (185415) 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. Copies of all proposed ordinances, including the ordinance to amend the Fee Compendium, together with information concerning the documentation for the new proposed fees, are available for review in the Department of Planning, Building and Development, Room 166, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, and in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 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 July 13, 2015, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications and requests: Application by Southeastern Site Acquisitions, LUC, to rezone property located at 0 Daleton Road, N.E., bearing Official Tax Map Number 7130116, 2512 Daleton Road, N.E., bearing Official Tax Map Number 7130102, 0 Orange Avenue, N.E., bearing Official Tax Map Number 7130103, from CLS, Commercial -Large Site District, and 2548 Orange Avenue, N.E., bearing Official Tax Map Number 7130101, from CG, Commercial - General District, to MXPUD, Mixed Use Planned Unit Development District, with conditions. The proposed uses are multifamily dwelling and community center. The land use categories permitted in the MXPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory. The comprehensive plan designates the property for Mixed Residential and General Commercial, but does not specify density. Application by Virginia Lutheran Homes, Inc., to amend conditions proffered as part of a rezoning at 3804 Brandon Avenue, S.W., bearing Official Tax Map Number 5180304, previously accepted by City Council on January 19, 2010, by the adoption of Ordinance No. 38709 - 011910. The application is to amend conditions by replacing the previously adopted development plan entitled "Brandon Oaks," dated July 28, 2009, amended October 29, 2009, subject to certain changes, and the previously adopted landscape plan entitled "Planting Plan Prepared for Brandon Oaks," dated November 18, 2009, and associated proffers, with a development plan entitled `Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," dated May 26, 2015, subject to certain changes, attd a landscape plan entitled "Landscape Plan for Brandon Oaks `The Pines'," dated May 26, 2015. The zoning of the property will remain Residential Multifamily (RMF), permitting these land use categories without proffered conditions: residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 1,000 s.f. of lot area and no maximum floor area ratio. The comprehensive plan designates the property for residential multifamily. A request by the City of Roanoke to amend Vision 2020, the City's comprehensive plan, by vacating and releasing the public's right to use an approximately 0.556 acre portion of Brown - Robertson Park to create right -of -way for the realignment of 10th Street, N.W., such real property located at 0 10th Street, N.W., bearing Official Tax Map Numbers 2050307 and 2050402, and by dedicating an approximately 0.220 acre of property across 10th Street to become part of Brown- Robertson Park for use as a trailhead parking area. A request by the City of Roanoke to consider an ordinance amending the Fee Compendium of the City to establish the following new fees for legal advertisements for zoning amendments, special exceptions, variances, and appeals to the board of zoning appeals, such new fees based upon authority granted to the City of Roanoke by Section 15.2 -2286 of the Code of Virginia (1950), as amended: Legal advertising fee for a zoning amendment application $550 Legal advertising fee for a special exception application amendment $250 Legal advertising fee for a variance application $250 Legal advertising fee for an appeal to the Board of Zoning Appeals $250 Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications and requests on July 20, 2015, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on Tuesday, June 30, 2015, and Tuesday, July 7, 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.cart @romokeva.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 14F7 A1111771 Z7 � -7 ,, Department of Planning, Building and Development JUN 2 4 2015 ROA N O K E Room 166, Noel C. Taylor Municipal Building Cm OF ROANOKE 215 Church Avenue, S.W. PLANNING WILDING L Roanoke, Virginia 24011 DEVELOPMENT qkk Hare b Rmt Phone: (540) 853 -1730 Fax: (540) 853 -1230 Date: I Jlme 24, 2015 Submittal Number. Amended Application No. t t�2 ❑ Rezoning, Not Otherwise Listed ❑ Amendment of Proffered Conditions ❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan Ej Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: and 2512 Deletion Road, N.E., Roanoke, VA 24012 AND 0 and 2548 Orange Avenue, N.E., Roanok Official Trot No(s).: 7 130116, 7130102, 7130103, and 7130101 EdsBng Base Zoning: C] With Conditions SEE ATTACHED SHEET (If muldple zorres, please manually enter all districts.) Without Conditions Ordinance No(s). for Etdsting Conditions (If applicable): ❑ With Conditions Requested Zoning: M %PUD, Mixed Use Planned U Proposed Dwelling, Multi- Family / Community Cent ❑� Without Conditions Land Use: Name: SET ATTACHED SHEET Phone Number Address: E -Mail: Property Owner's Signature: Name Southeastern Site Acquisitions LLC Phone Number. +1(336)889 -1512 Addres 826 amet Drive, Suite 105, High Point NC 27265 E -Mail: '9rdich @blueridgecompanies.com Applicant's Signature: :... ,,.. Name: Maryellen F. Goodlatte, Esq. Phone Number. +1 (540) 224 -8018 Address: Glenn, Feldmann, at al., P.O. Box 2887, Roanoke, VA 24001 -2 E -Mail: mgoodlane@glennfeldmanncom >~ F- Authorized Ad6nfs Signature: F-- Written narrative explaining the reason for the request. r Metes and bounds descdption, t appl cable. r Fling fee. r- plan meeting the Application Requirements of lem'2(c)' in Zoning Amendment Procedures. r Written proffers. Sea the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of tem'2(c)' in Zoning Amendment Procedures. Please label as F- ' deveopment plan' l proffered. r Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. r Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the Ctys Zoning Ordinance �. Amended development or concept plan meeting the Application Requirements of tem'2(c)' in Zoning Amendment Procedures, If applicable. F Within in proffers to be amended. See the ClVs Guide to Proffered Conditions. r Copy of previously adopted Ordinance. r Amended development plan meeting the requirements of Section 36.2 -326 of the Ctys Zoning Ordinance 17- Copy of previously adopted Ordinance. r Amended comprehensive agnage plan meeting the requirements of Section 36.2- 336(d) of the Cilys Zoning Ordinance. r Copy of previously adopted Ordinance. Mir,�-- _`M_ -___ .;pYzrmot`aHo4e TV A Traffic Impact Study in compliance Win Appendix B-2(e) of the Ctys Zoning Ordinance. > >..e .'....: ..�,,. .. r 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 a(vwv.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. ATTACHMENT TO ZONING AMENDMENT APPLICATION Applicant: Southeastern Site Acquisitions, LLC Existing Base Zoning: TM# Zonin 7130116 CLS 7130102 CLS 7130103 CLS 7130101 CG Property Owner Information: TM# 7130116, 7130102, and 7130103 John R. Patterson. Executor of the Estate of Mary T. Hylton, Deceased 213 South Jefferson Street, Suite 900 Roanoke, Virginia 24011 (540) 342 -5157 bobAbobpattersonlaw.com William Frank Hylton Wilna Caudill Hylton 10106 Portland Place Silver Some. MD 20901 Phone - 301 -593 -3189 E -mail - wilshvlton(u)verizon.net John Moir Hylton Linda H. Hylton Post Office Box 12147 Roanoke, VA 24023 -2147 Phone (540) 977 -5411 Fax - (540) 977 -1738 TM #7130101 Bellavista Holdings. LLC c/o Dan F1vnn 711 Pocahontas Avenue, N.E. Roanoke, Virginia 24012 (540) 537-7383 Inn82(diao1.00m RECEIVED JUN 812015 CITY OF ROANOKE PLANNING BUILDING 8 DEVELOPMENT Proper Ow r, S' d at re . / e m atterson, Executor of the Estate of Mary T. Hylton, Deceased William Frank Hylton W�ilna�JCaudill Hylton \ \ / \J � - oir /Hylton --I" / lam' Linda H. Hylton Bellavista oldings, LLC By: Dan Flynn / Its: laLt M✓ � k I � s RECEIVED JUN 84. ?015 CRY OF ROANOKE PLANNING BUILDING & DEVELOPMENT Tax Map Number Current Owner Applicant Future Owner Location V @in P marl Proposed Land Uses 2130101 Bellavism Holdings. LLC Southeastern Site Acquisitions, LLC Southeastern Site ACquidtlom, LLC Smallest parcel— located on Orange Avenue. Currently used as automotive repair facility. Dwelling, Multi family Community Center 2130102 John R_ Patterson, Executor of the Estate of Mary T. Hylton, Deceased Southeastern Site Acquisitions, LLC Southeastern Site ACquiSitions, LLC Largest parcel Surrounds parcel 2130101— has access to both Orange Avenue and Daleton Read. Dwelling, Multi- Family/ Community Center 2130303 John R. Patterson, Executor of the Estate Of Mary T. Hylton, Deceased Southeaetem site Acquisitions, LLC i SoutM1eastern Site Acquisitions, LLC i Located on Orange Avenue. Adjacent to 2130102 — furthest east Dwelling, Multi- Family/ Community Center 2130116 IOM1n R. Patterson, Executor Of th! State of MaryT. Hylton, Deceasetl Southeastern Site ACqulsibons, LLC I SOUtheastem Site Acquisitions, LLC I rregularly shaped parcel with guess only on Daleton Road Dwelling, Multi- 'amity/ EOmmuelry Center RECEIVED JUN 84.2015 CbTOFNLXWOKE PLANNING 111,11i & DEVELOPMENT CONDITIONS SET FORTH ON DEVELOPMENT PLAN USES: The property shall be used only for the following land uses: Dwelling, Multifamily, Community Center, ARCHITECTURAL COMPATIBILITY: The design of the buildings shall be in substantial conformity with the conceptual elevations attached as Exhibit A to the Development Plan. Buildings shall not exceed fifty (50) feet in height. VEHICULAR ENTRANCES: Two (2) entrances on Orange Avenue will serve the site m depicted on the Development Plan. There will be no construction or permanent vehicular access from Daleton Road. PROJECT SIGNAGE: No more than two ground signs shall be permitted on the subject property. Ground signs shall not be deemed to include (a) directional signage or (b) any development identification ground signs which are incorporated within a landscaped retaining wall or other landscaped element. Ground signs shall not exceed 10 feet in height. Building mounted signs shall be limited to identification and/or directional signage. Building signs shall not be deemed to include signs applied to awnings or entrance canopies. PARKING LOT LIGHTING DESIGN: All perimeter parking lot lighting fixtures shall be the Illuminating Engineering Society of North America (IESNA) standard full cutoff type luminaries. LANDSCAPING: The following landscaping will be installed prior to issuance of a certificate of occupancy for any buildings on the property and maintained thereafter: a landscape buffer area located in the area hatched on the Development Plan new the Daleton Road border will be established and maintained with a mixture of 70% large deciduous hardwood and 30% large evergreen trees. Plant spacing at the time of planting will be 20' on center in double rows offset from each other. Large deciduous trees will be planted and maintained at 50' on center in an g foot planting strip adjacent to Orange Avenue as depicted on the Landscape Plan. Actual parking area and parking area canopy to be assessed during development review. RECEIVED JUN 2 4 2011 CITY OF ROANOKE PLANNING BUILDING 8 DEVELOPMENT Additionally, evergreen shrubbery, as depicted on the Landscape Plan attached hereto as Exhibit B, shall be installed at the rear parking lot, to aid in screening parking lot headlights from adjacent properties to the north. RETAINING WALLS: Retaining walls shall not exceed 8 feet in height. Those retaining walls on the western portion of the property, as shown on the Development Plan, may be eliminated if a slope easement on tax parcel 7120401 is granted by the owner of said parcel. Landscaping shall be installed at the base of retaining walls as depicted on the Landscape Plan. STORMWATER MANAGEMENT: The property will comply with stormwater management, adequate channel, and other applicable regulations during the development review process. NARRATIVE Southeastern Site Acquisitions, LLC ('Southeastern"), an affiliate of Blue Ridge Companies, LLC has contracted to purchase an 18t acre site bounded by Orange Avenue on the south and Daleton Avenue on the north. Except for an automotive repair facility on Orange Avenue and an abandoned residence, the property is undeveloped. The .4 acre parcel containing the automotive repair facility is zoned CG (commercial - general). The balance of the site is zoned CLS (commercial - large site). Southeastern proposes to develop a market -rate apartment community on the site. For 20 years, Blue Ridge Companies has developed, constructed, managed, and owned such rental communities in Virginia, North Carolina, South Carolina and Mississippi. Its closest community to the subject property, constructed about 15 years ago, is located in Roanoke County off Alt -220 (The Orchards). This community would be developed in two phases, as depicted on the Development Plan. A total of 324 apartments we planned — the majority being one and two bedroom units. Based on experience, Blue Ridge Companies will market to primarily empty nesters and young professionals. As shown on the Development Plan, the community will include a clubhouse, pool, recreational open space, and a small pet park. The apartments will include upscale amenities to meet renters' expectations for living in a new market -rate community. The outside of the buildings will be equally appealing. The conceptual elevations (Exhibit A to Development Plan) detail the articulation and interest inherent in each building's placement on the site and related design. The site will be thoughtfully landscaped to not only appeal to residents, but to aid in screening and buffering the site with respect to adjacent properties. As shown on the Landscape Plan (Exhibit B to Development Plan), a significant landscaped buffer area will be installed near the Daleton Road border. To help screen parking lot headlights, the Landscape Plan provides for the installation of evergreen shrubs at the rear puking lot. The Landscape Plan also details the plantings to be installed at the base of retaining walls. Mindful of Daleton Road resident concerns, there will be no vehicular access to the site — whether construction or permanent — from Daleton Road. The two entrances on Orange Avenue shown on the Development Plan will provide access to the community. Those entrances align with the existing median breaks on Orange Avenue. The improvements recommended by the traffic engineers — i.e. right -turn taper lanes from Orange Avenue at both entrances, and full left turn lanes and related tapers for both entrances on Orange Avenue —aze shown on the Development Plan. As recommended by the City's professional staff, to facilitate a future widening of Orange Avenue, the site development respects the future Orange Avenue right -of- way line. RECEIVED JUN 2 12015 CITY OF ROANOKE PLANNING BUILDING & Grading will be required to balance the site. Retaining walls cannot exceed g feet and will be landscaped at their base. A section through the center of the site is shown on the Landscape Plan, provided to illustrate the existing grade, the future grade, and the proposed improvements from the perspectives of both Orange Avenue and Daleton Road. The development of the site, as proposed, requires that it be rezoned from its current commercial districts (CLS and CG) to one permitting residential use. Southeastern is requesting that the property be rezoned to the MXPUD zoning district. This change of use — from commercial to residential — is encouraged, and indeed recommended, by the City's Comprehensive Plan. The majority of the parcel is designated as Mixed Residential on the Future Land Use plan. The Hollins/Wildwood Neighborhood Plan sets residential development as a priority initiative: Encourage new development per the Future Land Use map and, in certain undeveloped areas, consider rezoningfor residential development rather than commercial or industrial The neighborhood plan goes on to state: Development of multifamily housing whether by apartment units or duplexes, is well suited for Orange Avenue to support the commercial uses there, and to keep commercial property values high by keeping the market from being saturated with too much commercial zoning. The neighborhood plan specifically identifies this property as a residential development opportunity site and "since commercial development has been the source ofgrowth in recent years and contributed to traffic congestion, most remaining vacant land in the area should be zonedfor residential development ". Southeastem expects to invest thirty million+ dollars in the site so as to develop it as shown on the Development and Landscape Plans, and in the fashion encouraged by the Comprehensive Plan. Because of the Blue Ridge Companies' experience in constructing and operating market rate apartment communities, Southeastern is able to be more specific with its plans than most developers at this early stage of the development process. Like all its other properties, the Blue Ridge Companies expect to own and manage this development in a fashion that will complement its neighbors as well as the larger community. 03/90/2015 15:18 FAX IM 0002/0002 CERTIFICATE This is t0 confirm that I am the Manager of Bellavista Holdings, LLC, and am authorized to sign documents on behalf of the company including, but not limited to, the Zoning Amendment Application submitted to the City of Roanoke, Virginia, by Southeastem Site Acquisitions, LLC with respect to the property owned by Bellavista Holdings, LLC. Dated this 70 day of /ZfAnL k , 2015. BELLAVI TA HO�LJD,I.NNGGSS, LLC By:�� C / Daniel R. R. Flynn Manager RECEIVED JUN 8 2015 CITY OF ROANOKE PLANNING BUILDING a DEVELOPMENT CERTIFICATE This is to confirm that I am the Manager of Southeastern Site Acquisitions, LLC, and am authorized to sign documents on behalf of the company including, but not limited to, the Zoning Amendment Application submitted to the City of Roanoke, Virginia, with respect to Roanoke City Tax Map Parcels 7130116, 7130102, 7130103, and 7130101. Dated this ,23 day of Al * f crl- , 2015. SOUTAEA TE N SITE ACQUISITIONS, LLC By: � 4 Christopher Dunbar Manager RECEIVED JUN 842015 CITY OF ROANOKE PLANNING BUILDING; DEVELOPMENT u.4 North Carolina f , 1 DEPARTMENT OFTIIE Elaine F. Marshal( i . Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626 -0622 (919)807 -2000 Date: 6/1512015 Click here to: View Document Filings i File an Annual Report i J Print a Pre-populated Annual Report Filla6le PDF Form I Amend A Previous Annual Report i Corporation Names Name Name Type NC SOUTHEASTERN SITE LEGAL ACQUISITIONS, LLC Limited Liability Company Information SOSID: 0712646 Status: Current- Active Effective Date: 2/20 /2004 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: SHERIDAN, DESMOND G. Offlce Address: 100 WEST FRIENDLY AVENUE, STE. 400 GREENSBORO NC 27401 Mailing Address: P.O. BOX 1888 GREENSBORO NC 27402 Principal Office Office Address: 5826 SAMET DR, STE 105 HIGH POINT NC 27265 Mailing Address: 5826 SAMET DR, STE 105 HIGH POINT NC 27265 Officers /Company Officials Title: MANAGER Name: CHRISTOPHER T. DUNBAR Business Address: 5826 SAMET DR, STE 105 HIGH POINT NC 27265 Title: MANAGER Name: DAVID F. COUCH Business Address: 5826 SAMET DR, STE 105 HIGH POINT NC 27265 i i This website is provided to the public as a pad of the Secretary of State Knowledge Base (SOSKB) system. Version: 5856 GRAPHIC SCALE o v o 50 IW twee= to Fser ORANGE AVENUE APARTMENTS 5OU7HEA5TERN 51TE ACOU151TION5 HIGH POINT, NORTH CAROLINA ENGINEER wawfEPoxa s simtvxa, xc. nx3Xrcmr.roSa6 K I]SIxtBIW [xul- gW}�Mpme RECEIVED SITE SECTION JUN 89.206 Em OF PoY.` KE w xuu+vicevuongs oEVEanaurxr M�YIFCNPN onxme f� ♦re! IT wm aB1l�iw<rne.w - �mo°L1Neanoe o auux] r.c xv - � o]wmis ]u. mml \I'_ \II \III \I0 EXHIBIT A Orange Avenue, Roanoke, VA 24012 0.] RECEIVED JUN 84 2015 fnr w nou,o«e M1ANIWG WIMML 6 GEYF1CpIFNI ORANGE AVE APARTMENTS Proposed n W.Wab!' R�n A CS1 1� 0.- ORANGE AVE APARTMENTS ft p,.d npommenle dC.rg d�A- x..vA A1.1 Im,.m, l 0- ORANGE AVE APARTMENTS p."ed! Apoftent Buileing A1.2 NiummE Uw Lj ORANGE AVE APARTMENTS Prom.d Apa entBWding ac�nw A1.3 �x.nenrtaa u ORANGE AVE APARTMENTS Ropore Ap Mt tBuld�, aox nre aomm.vn AI A .Il mn El OOANCE AVE APARTMENTS PrWosre Apm ,t Build N aargen.e Rwrcm, vn A1.5 No"= 13 ORANRE AYE APARTMENTS Propmetl Apam nt Bu ltllr oor5e ew Pmroe. vn A1.6 wiumm[mi 13 NNANAE AVE APARTMENTS Proposed Aporl tBWdir g An'A A1.1 ,1 "Imm3 , El !—I. ORANGE AVE APARINEN75 Proposed Apo en Build - ^g am�nre Poke, VA A1.8 "UNIMEW El OAAAAE AVE APARTMEAES Pw.d ApaMh t d'ng ga genre Pmmb V1 A1.9 amum m Ll ORANGE HE APARTMENTS nop.d Apatlmenl Bold W VA R m Romtte. VA A1.10 Im.muu • ORANGE AYE APARTMENTS Pmwsed Ap enl Buib amwae rtoom�e v� A1.11 Nwmw s 03 03 41 ORANGE AVE APARTMENTS ft.,s d Apartment Bukd W avgenr. ACH1.1 tt • m _ EXHIBIT "B" - LANDSCAPE PLAN °m8 u y-r Ugll da a� MIMS= °m8 ZONING DISTRICT MAP 1�.�-�;,.. , . -�6 `` 2512 and 0 Daleton Rd. NE 't"R 5r' 7130122 and 0 and 2548 Orange Ave. NE N,A o ti •�� v 1' �I • Official Tax Parcels: 7130102 ' N o 7130121 7130116, 7130103, and 7130101 respectively Area to be Rezoned HOA E - Conditional Zoning __' - ^ Zoning 7130119 7130120 v m RA (Residential-Agriculture) R -12 (Res. Single - Family) R -7 (Res. Single- Family) -,Nos ° oxa .713011 R -5 (Res Single- Family) J S (Res. Single- Family) R -3 cs �w0 - NO KESSLERIRD 71`20305 °p �9, RM -1 (Res. Mixed Density) �. .-1 17 L •_° d 3 RM -2 (Res. Mixed Density) i � �Ow �`�O oy RMF (Res. Multi - Family) CN (commercial - Neigh) P0200��,�'S��`3 CG (Commercial - General) CLS (Commercial -Large Site) a�wo Q'O o�� - ,j+'6`- ;"•:°� 1 -1 (Light Industria P�tp �v r _ l —1 -2 (Heavy Industrial) n Q.(rt; ;""1a "'n}. •� OHO �' �/' D (Downtown) MX (Mixed Use) r.e,• 11�oAO p920 pP�� IN (Institutional) •� o�pP O ��6 0 0, _ ,p P, O P ROS (Rec & Open Space) :ew +. _ ,. 1 L o� D ' 10 p)0. AD (Airport Dev) o� )0 ld9 MXPUD (Mixed Use Planned Unit Dev) 3 r INPUD (Institutional Planned Unll Dev) ` Q�90S 0, p3p22s' II� IPUD (Industrial Planned Unit Dev) �� o �y „v. wig �w ' 3 _. o OF (Urban Flex) w o�� 1W oO '? N ww0 w A O� �#.... �p 'ws POPy 0 200 400 Feet Date: I Nexvh 10 2015 Submittal Number. original Application ❑ Rezoning, Not 01hervASe Listed ❑ Amendment of Proffered Conditions ❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: 0 and 2512 Deletion Road, N.E., Roanoke, VA 24012 AND 0 and 2548 Orange Avenue, N.E., Roanok Offcial Tax No(s).: 7130116, 7130102, 7130103, and 7130101 Existing Base Zoning: SEE ATTACHED SHEET F1 With C0rde011B (8 multiple zones, please manually enter all districts,) W,Ihoul Conditkim Ordinance No(s). for Emsting Conditions (If appricable): Requested Zoning: MXPUD, Mixed Use Planned U [:1 With Conditions Prop .❑ Without Conditions Land Use'. Name: E'TATTACHED SHEET Phone Number. Address E -Mail. Property Owners Signature: Name: Southeastern Site Acquisftions ,LLC Phone Number +1(336)889 -1512 Address: 582 Samet Drive, Suite 105, High Point, NC 27265 E_Mail: - rdich(abluefidgecompanies.com Applicants Srgnalure , Name: (Maryellen F. Goodlatte, Esq. Phone Number +1 (540) 224 -8018 Address Glenn, Feldmann, at al., P.O. Box 2887, Roanoke, VA 24001 -2 E -Mal, mgoodlat[e4tglennfeldmanncom 1Clunc.,c�" F/�ev�i -GU Aulhor¢ed Ag 1's Signature: Department of Planning, Building and Development MAR s 0 2915 ROA N O K E Room 166, Noel C. Taylor Munidpal Building 215 Church Avenue, S.W. CITY CF AUANUXE Roanoke, Virginia 24011 PLANNING BUILDING 8 Clyd Hue to Print Phone: (540)B53.1730 Fax (540) 853 -1230 DEVELOPMENT Date: I Nexvh 10 2015 Submittal Number. original Application ❑ Rezoning, Not 01hervASe Listed ❑ Amendment of Proffered Conditions ❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Address: 0 and 2512 Deletion Road, N.E., Roanoke, VA 24012 AND 0 and 2548 Orange Avenue, N.E., Roanok Offcial Tax No(s).: 7130116, 7130102, 7130103, and 7130101 Existing Base Zoning: SEE ATTACHED SHEET F1 With C0rde011B (8 multiple zones, please manually enter all districts,) W,Ihoul Conditkim Ordinance No(s). for Emsting Conditions (If appricable): Requested Zoning: MXPUD, Mixed Use Planned U [:1 With Conditions Prop .❑ Without Conditions Land Use'. Name: E'TATTACHED SHEET Phone Number. Address E -Mail. Property Owners Signature: Name: Southeastern Site Acquisftions ,LLC Phone Number +1(336)889 -1512 Address: 582 Samet Drive, Suite 105, High Point, NC 27265 E_Mail: - rdich(abluefidgecompanies.com Applicants Srgnalure , Name: (Maryellen F. Goodlatte, Esq. Phone Number +1 (540) 224 -8018 Address Glenn, Feldmann, at al., P.O. Box 2887, Roanoke, VA 24001 -2 E -Mal, mgoodlat[e4tglennfeldmanncom 1Clunc.,c�" F/�ev�i -GU Aulhor¢ed Ag 1's Signature: F Completed application form and checkisl. rx Written narrative explaining the reason for the request. r Metes and bounds description, if applicable. r Fling fae. F Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. F Wmten 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 F 'development plan' If Wiferad. .ore a Cr Development plan meeting the requirements of Section 362 -326 of the Cilys Zoning Ordinance F Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the Citys Zoning Ordnance. Fd an d I� 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. r Copy of previously adopted Ordinance. r Amended development plan meeting the requirements of Section 36.2.326 of the Gty's Zoning Ordinance. r Copy of previously adopted Ordinance. or o F Amended comprehensive signage plan meeting the requirements of Section 36.2.336(d) of the Citys Zon ng Ordnance. F Copy of previously adopted Ordinance. F A Traffic Impact Study in compliance with Appendix &2(e) of the Chys Zoning Ordinance. r Cover sheet. F Traffic Impact analysis. r Concept plan. r Proffered conditions, if applicable. r Required fee. 'An eadronic copy of this applicabon and checklist can be found al wvw.roanoleva.govlpbd by selecting 'Plannrig Commission' under 'Boards and Commissions'. A complete packet must be submitted each time an appicafon is amended, unless otherwise specified by staff, ATTACHMENT TO ZONING AMENDMENT APPLICATION Applicant: Southeastem Site Acquisitions, LLC ExistinE Base Zonine: TMM Zonina 7130116 CLS 7130102 CLS 7130103 CLS 7130101 CG Prooerty Owner Information: TMM 7130116, 7130102, and 7130103 John R. Patterson. Executor of the Estate of Mary T. Hylton, Deceased 213 South Jefferson Street. Suite 900 Roanoke, Vireinia 24011 (540) 342 -5157 bob nbobnattersonlew.com William Frank Hylton Wilna Caudill Hylton 10106 Portland Place Silver Sorine. MD 20901 Phone- 301 -593 -3189 E -mail - wilshvltonna verimn.uct John Moir Hylton Linda H. Hylton Post Office Box 12147 Roanoke, VA 24023 -2147 Phone (540) 977 -5411 Fax - (540) 977 -1738 TM47130101 Bellavista Holdines do Dan Flynn 711 Pocahontas Avenue, N.E. Roanoke. Vireinia 24012 (540) 537 -7383 Inn82lu�.aol.com RECEIVED MAR 3 0 2015 cm op AuANM PLANNING BUILDING a DEVELOPMENT Pro ert n r Jo n R. Patterson, ecutor of fhe Estate of Mary T. Hylton, Deceased William Frank Hylton Wilna Caudill Hylton ylto�� n°"r /'/—/�/ 14, Linda H. Hylton Bellavista Holl�dings,,LLLLC By: JIS: RECEIVED MAR 3 0 2015 CITY OF NOANOKE PLANNING BUILDING 6 DEVELOPMENT CERTIFICATE This is to confirm that 1 am the Manager of Southeastern Site Acquisitions, LLC, and am authorized to sign documents on behalf of the company including, but not limited to, the Zoning Amendment Application submitted to the City of Roanoke, Virginia, with respect to Roanoke City Tax Map Parcels 7130116, 7130102, 7130103, and 7130101. Dated this 23 day of H A A-c.r , 2015. SOUTHE TE N SITE ACQUISITIONS, LLC By: (1j, Christopher Dunbar Manager RECEIVED MAR 3 0 2015 CITY Ur a')MOKE PLANNING BUILDING 8 DEVELOPMENT 03/30/2015 15:16 P,1S fQ0n02/0002 CERTIFwATG This is to emtfirm that I am the Manager of Bellavista Holdings, LLC, and am authorized to sign documents on behalf of the company including, but not limited to, the Zoning Amendment Application submitted to the City of Roanoke, Virginia, by Southeastern Site Acquisitions, LLC with respect to the property owned by Betlavista Holdings, LLC. Dated this ?0 day of /MA-e k , 2015. BELLAV TAATIO�LJDiNOS, LLC By: Daniel R. Flynn Manager RECEIVED MAR 3 0 2015 CRY Ur nUV1UKE PLANNING BUILDING 6 DEVELOPMENT NARRATIVE Southeastern Site Acquisitions, LLC (`Southeastern"), an affiliate of Blue Ridge Companies, LLC has contracted to purchase an I&+ acre site bounded by Orange Avenue on the south and Dalelon Avenue on the north. Except for an automotive repair facility on Orange Avenue and an abandoned residence, the property is undeveloped. The .4 acre parcel containing the automotive repair facility is zoned CG (commercial - general). The balance of the site is zoned CLS (commercial - large site). Southeastern proposes to develop a market -rate apartment community on the site. For 20 years, Blue Ridge Companies has developed, constructed, managed, and owned such rental communities in Virginia, North Carolina, South Carolina and Mississippi. Its closest community to the subject property, constructed about 15 years ago, is located in Roanoke County off All -220 (The Orchards). This community would be developed in two phases, as depicted on the Development Plan. A total of 324 apartments are planned - the majority being one and two bedroom units. Based on experience, Blue Ridge Companies will market to primarily empty nesters and young professionals. As shown on the Development Plan, the community will include a clubhouse, pool, recreational open space, and a small pet park. The apartments will include upscale amenities to meet renters' expectations for living in a new market -rate community. The outside of the buildings will be equally appealing. The conceptual elevations (Exhibit A to Development Plan) detail the articulation and interest inherent in each building's placement on the site and related design. The site will be thoughtfully landscaped to not only appeal to residents, but to aid in screening and buffering the site with respect to adjacent properties. As shown on the Landscape Plan (Exhibit B to Development Plan), a significant landscaped buffer area will be installed near the Daleton Road border with a mixture of large trees favoring evergreens (70% large evergreen trees and 30% large deciduous hardwood trees). To help screen parking lot headlights, the Landscape Plan provides for the installation of evergreen shrubs at the rear parking lot. The Landscape Plan also details the plantings to be installed at the base of retaining walls. Mindful of Daleton Road resident concerns, there will be no vehicular access to the site - whelher construction or permanent - from Daleton Road. The two entrances on Orange Avenue shown on the Development Plan will provide access to the community. 'those entrances align with the existing median breaks on Orange Avenue. The improvements recommended by the traffic engineers - i.e. right -turn taper lanes from Orange Avenue at both entrances, and full left turn lanes and related tapers for both entrances on Orange Avenue - are shown on the Development Plan. As recommended by the City's professional staff, to facilitate a future widening of Orange Avenue, the site development respects the future Orange Avenue right -of- way line, Grading will be required to balance the site. Retaining walls cannot exceed 8 feet and will be landscaped at their base. A section through the center of the site is shown on the Landscape Plan, provided to illuslmte the existing grade, the future grade, and the proposed improvements from the perspectives of both Orange Avenue and Daleton Road. The development of the site, as proposed, requires that it be rezoned from its current commercial districts (CLS and CG) to one permitting residential use. Southeastern is requesting that the property be rezoned to the MXPUD zoning district. This change of use - from commercial to residential - is encouraged, and indeed recommended, by the City's Comprehensive Plan. The majority of the parcel is designated as Mixed Residential on the Future Land Use plan. The I Iollins'Wildwood Neighborhood Plan sets residential development as a priority, initiative: Encourage nev, development per the Future Lard Use nurp and, in certain undeveloped areas, consider retuning for residential development rather Ihan commercial or industrial. The neighborhood plan goes on to state: Development of rmulukun ly housing whetho, by apartment units or duplexes, is well suited far Orange Avenue to support, the commercial uses there, and to keep commercial property values high by keeping the market from being saturated with loo much commercial zoning. The neighborhood plan specifically identifies this property as a residential development opportunity site and "since commercial development has been the source ofgrowth in recent yeas and contributed to traffic congestion, most remaining vacant land in the area should be zoned jar residential development ". Southeastem expects to invest thirty million+: dollars in the site so as to develop it as shown on the Development and Landscape Plans, and in the fashion encouraged by the Comprehensive Plan. Because of the Blue Ridge Companies' experience in constructing and operating market mte apartment communities, Soulheastem is able to be more specific with its plans than most developers at this early stage of the development process. Like all its other properties, the Blue Ridge Companies expect to own and manage this development in a fashion that will complement its neighbors as well as the larger community. RECEIVED MAR 3 0 2015 CITY OF HQM UKE PIANN94G BUILDING 8 DEVELOPMENT CONDITIONS SET FORTH ON DEVELOPMENT PLAN USES: The property shall be used only for the following land uses: Dwelling, Multifamily, Community Center, ARCHITECTURAL COMPATIBILITY: The design of the buildings shall be in substantial conformity with the conceptual elevations attached as Exhibit A to the Development Plan. Buildings shall not exceed fifty (50) feet in height. VEHICULAR ENTRANCES: Two (2) entrances on Orange Avenue will serve the site as depicted on the Development Plan. There will he no construction or permanent vehicular access from Daleton Road. PROJECT SIGNAGL: No more than two ground signs shall be permitted on the subject property. Ground signs shall not be deemed to include (a) directional signage or (b) any development identification ground signs which are incorporated within a landscaped retaining wall or other landscaped element. Ground shall not exceed 10 feet in height. Building mounted signs shall be limited to identification and or directional signage. Building signs shall not be deemed to include signs applied to awnings or entrance canopies. PARKING LOT LIGHTING DESIGN: All perimeter parking lot lighting fixtures shall be the Illuminating Engineering Society of North America (IESNA) standard full cutoff type luminaries. LANDSCAPING: The following landscaping will be installed prior to issuance of a certificate of occupancy for any buildings on the property and maintained thereafter: a landscape buffer area located in the area hatched on the Development Plan near the Dateton Road border will be established and maintained with a mixture of 30% large deciduous hardwood and 70% large evergreen trees. Plant spacing at the time of planting will be 20' on center in double rows offset from each other. Additionally, landscaping, m depicted on the Landscape Plan attached hereto as Exhibit B. shall be installed at the rear parking lot, to aid in screening parking lot headlights from adjacent properties to the north. RETAINING WALLS: Retaining walls shall not exceed 8 feel in height. Those retaining walls on the western portion of the property, as shown on the Development Plan, may be eliminated if a slope easement on tax panel 7120401 is granted by the owner of said parcel. Landscaping shall be installed at the base of retaining walls as depicted on the Landscape Plan. RECEIVED MAR 3 0 2015 CRY UP HUANOKE PLANNING BUILDING 8 DEVELOPMENT -4- It 117 lip EXHIBIT A Orange Avenue, Roanoke, VA 24012 ARLHREGNRAL ORANGE AVE MS 6m6'R dtwk M) eX�.u�w rei X66 � - inmw iu. +naz I +ROxrs aRw6z wrzi APARTMENTS sea - mRmtR R1MnM$ Ike. wllm m[Ssu -tnwn[ ftmlke P�aPP+eA Al BuNiw re[ Issl �+ ➢pl5us. wm Apa 9nent MiklinP a+miwreefiml -ort%m - tXnw,a Rlnmws la. E,nml - - m[wwl my T: rvm[ v[ Ital - GIUM utvnpns +i lie/IOUF BuNiw Sse! - ES'rtww utnnans ex. cuaaus[ CSl COVSRSHEU rv�mm:`w� aim C.—+ le Me{meel Pm em+e Nllh 26, 20 Sle pwtll LLt (tiry of 1-1a ] WII0. ➢ N101) uplvw,mm 0 ORANGE AVE APARTMENTS Proposed nponmenl B:A0, AM IW101X61 ME U61 UREA ORANGE AVE APARTMENTS Pr a ea Apatlm ,' Botltl19g A1.1 BUILDING 81664 • ORANGE AVE APARTMENTS mposea nGwtmeet 6uildin9 AU IDILIING M 366E 0 ORANGE AVE APARTMENTS Prcpcsea ApaCmee' Billtlr,c oa,", A1.4 BUILDING fen • ORANGE AVE APARTMENTS amoosec A,rt t B,Idrg u A1.5 cuimuG UUo • DRARRE AVE APARTMENTS Pl000zea Aparmz�t auimi�a A1.6 BYIl11A6 RP[ 3661 r RRARRE AVE APARTMENTS coposea nponment BuiinrG A1.1 BOILDIK6 >E 1661 UREA ORANGE AVE APARTMENTS FrcoosE0 gpanme�' B�ilctnq oo.e A1.8 BUILDING ME 3664 ORAMSE AVE APARTMENTS w,,o,ed Ap tment Bmitlng All emw[smosu URBP ORANGE AVE APARTMENTS PmpweA ApaGment Bu Aiv; A1.10 IORIIX61YPF 3682 ORANGE AVE APARTMENTS �mpCSBC AFO ^men' Bold�g A1.11 BUIO186M1IDR • 03 02 01 ORANGE AVE APARTMENTS pw"o n Aponmen�deGning ACHLI CLUBHOUSE f ° TiY, y p -a _ 1 4 J l a n - �- — EXHIBIT "B" - LANDSCAPE PLAN SITE SECTION ORANGE AVENUE APARTYENT5 F0, SOUTHEASTERN 51TE AOQUI5ITIONS HIGH POINT, NORTH CAROLINA ENGINEER. xPoI., llzm. Il. MAIL uW ®Wx^Yrnm mn vl�� -K MA MKIIL- • sa Y - - -t - GRAPHIC SCALE ss a so Iw I WCH= 50 Y¢ET SITE SECTION ORANGE AVENUE APARTYENT5 F0, SOUTHEASTERN 51TE AOQUI5ITIONS HIGH POINT, NORTH CAROLINA ENGINEER. xPoI., llzm. Il. MAIL uW ®Wx^Yrnm mn vl�� -K ZONING DISTRICT MAPS _ 2512 and 0 Daleton Rd. NE �''' 7130122 and 0 and 2548 Orange Ave. NE '.,. �. Official Tax Parcels: 7130102 7130116, 7130103, and 7130101 respectively ,.,, �1 AV ® Area to be Rezoned HOWARD _ AVE Conditional Zoning - - oo Zoning ° ° 713011 71 ,120 ou RA (Residential- Agriculture) Q R -12 (Res - Single-Family) R -7 (Res Single - Family) .,7)30118 0 _ o o ti 9 9 13J1�5 RR-5 5 -k (Res" Single - Family) w ^' " 't �^' * u � �1�- ti10 °; - p R -3 (Res. Single- Family) KESSLER -RD 71 ?S3 5 fe uo'o __ •� 1 RM -1 (Res. Mixed Density) - /j' RM -2 (Res. Mixed Density) _U4 RMF (Res. Mult-Family) CN (Commercial- Neigh) �- CG (Commercial - General) CLS (Commercial- LargeSite) N (Light Industrial) Py'��- a ✓.. '.,' �0' Oho, >... — 1 -2 (Heavy Industrial) — D (Downtown) n-issw 6 09 O OS OP MX (Mixed Use) PP0X�0 IN (Institutional) ROS (Rec & Open Space) o a o AD (Airport Dev) kN tia O� o. D MXPUD (Mixed Use Planned Unit Dev) INPUD (Institutional Planned Unit Dev) 4405 Oo o O, O IPUD (industrial Planned Unit Dev) OF (Urban Flex) 0- o- =s So ° ' N 0 200 400 Fee[ r f CITY OF ROANOKE OFFICE OF TI"IE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 "1'elepOmu•e (540)853-2541 I av: (5 40) 853-1145 L ?nUdl: elerkn`ronnokevn.gav CLCELIAT. WEBB, CM(' Slba`IIANI li M. MOON IiliV NOI.I)ti, AI MC Acting DePUt)' Cite Clerk Cilv!'lerk July 21, 2015 Maryellen F. Goodlatte, Esquire Glenn, Feldmann, Darby and Goodlatte P.O Box 2887 Roanoke, Virginia 24001 -2887 Dear Ms. Goodlatte: I am enclosing copy of Ordinance No. 40303 - 072015 repealing Ordinance No. 38709- 011910, adopted on January 19, 2010, to the extent it placed certain conditions on property located on 3804 Brandon Avenue, S. W., and rezoning such property RMF, Residential Multifamily District, with proffers as set forth in the Zoning Amendment Application No. 1 dated May 26, 2015. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2015; and is in full force and effect upon its passage. Sincerely, Stephanie Moon ReynoTds, MNfC City Clerk Enclosure pc: Virginia Lutheran Homes, Inc., 117 Sheraton Drive, Salem, Virginia 24153 James Zadell, 3347 Valentine Road, S. W., Roanoke, Virginia 24018 Bonnie Mann, 3339 Valentine Road, S. W., Roanoke, Virginia 24018 Gaynelle Arthur Marrazzo, 3333Valentine Road, S. W., Roanoke, Virginia 24018 Maryellen F. Goodlatte, Esquire July 21, 2015 Page 2 PC: Gregory Osterhaus, 3323 Valentine Road, S. W., Roanoke, Virginia 24018 James Gentile, 3315 Valentine Road, S. W., Roanoke, Virginia 24018 E. C. and Betty Trenor, Trustees, 3307 Valentine Road, S. W., Roanoke, Virginia 24018 Corporation of the Presiding Bishop of the Church of Jesus Christ, 50 East North Temple, 22nd Floor, Salt Lake City, Utah 84150 Michael and Kelly Dooley, 3507 Valentine Road, S. W., Roanoke, Virginia 24018 Georgette Milan, 3411 Valentine Road, S. W., Roanoke, Virginia 24018 Betty Etzler, 3501 Loblolly Lane, S. W., Roanoke, Virginia 24018 Kevin and Susan Russell, 3435 Valentine Road, S. W., Roanoke, Virginia 24018 Blake and Pamela Deavers, 3427 Valentine Road, S. W., Roanoke, Virginia 24018 Mark and Sharon Kennedy, 3419 Valentine Road, S. W., Roanoke, Virginia 24018 Charles Paget, III, 3523 Windsor Oaks Circle, S. W., Roanoke, Virginia 24018 Peter and Lee Wonson, 3519 Windsor Oaks Circle, S. W., Roanoke, Virginia 24018 John Wayne, 3515 Windsor Oaks Circle, S. W., Roanoke, Virginia 24018 Joseph Sartinia, III, 3516 Windsor Oaks Circle, S. W., Roanoke, Virginia 24018 Poplar Hill Limited Partnership, LLC, 3752 Brandon Avenue, S. W., Roanoke, Virginia 24018 CSW Associates, 3807 Brandon Avenue, S. W., Suite 245, Roanoke, Virginia 24018 Baron Enterprises of Virginia, Inc., 4818 Grandin Road, S. W., Roanoke, Virginia 24018 Philip C. Schirmer, City Engineer Susan S. Lower, Director, Real Estate Valuation Steven J. Talevi, Assistant City Attorney Tina Carr, Secretary, City Planning Commission Katharine Gray, Land Use and Urban Design Planner Ian Shaw, Agent, City Planning Commission Kennie Harris, GIS Analyst 11 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of duly, 201.5. No. 40303- 072015. AN ORDINANCE to amend §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by repealing Ordinance No, 38709-011910, adopted on January 19, 2010, to the extent that it placed certain conditions on property located on 3804 Brandon Avenue, S.W., bearing Official Tax Map No. 5180304, and by placing new proffers on the subject property as site]) proffers are set forth in new plans; and dispensing with the second reading of this ordinance by title. WHEREAS, Virginia Lutheran Homes, Inc., has made application to the Council of the City of Roanoke, Virginia ( "City Council"), to repeal Ordinance No. 38709- 011910, adopted on January 19, 2010, to the extent that it placed certain conditions on property located oil 3804 Brandon Avenue, S.W., hearing Official Tax Map No 5180304, as set forth in a development plan entitled "Brandon Oaks," dated July 28, 2009, and amended October 29, 2009, and a landscape plan entitled "Planting Plan Prepared for Brandon Oaks," dated November 18, 2009, and to rezone such property by placing certain new conditions on the subject property as set forth in a development plan entitled `Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," dated May 26, 2015, and a landscape plan entitled "Landscape Plan for Brandon Oaks 'The Pines'," dated May 26, 2015, as set forth in a Zoning Amendment Application No. 1 dated May 26, 2015; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting nn Judy 20, 2015, Lifter due and timely notice thereof as required by ti36 2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the repealing of Ordinance No. 38709 - 011910, adopted on January 19, 2010, to the extent it placed certain conditions on property located on 3804 Brandon Avenue, S.W., bearing Official Tax Map No. 5180304, and rezoning such property by placing certain new conditions on the subject property as set forth ma development plan entitled `Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," dated May 26, 2015, and a landscape plan entitled "Landscape Plan for Brandon Oaks `The Pines';' dated May 26, 2015, and is of the opinion that such properties be zoned RMF, Residential Multifamily District, with proffers as set forth in the Zoning Amendment Application No. 1 dated May 26, 2015, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 38709-011910, adopted on January 19, 2010, to the extent it placed certain conditions on property located on 3804 Brandon Avenue, S.W., bearing Official Tax Map No. 5180304, is hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2, Proffers set forth in the Zoning Amendment Application No. I dated May 26, 2015, are accepted and placed on the property located on 3804 Brandon Avenue, S.W., bearing Official Tax Map No. 5180304, and that such property be zoned RMF, Residential Multifamily District, with conditions proffered by the applicant in the Zoning Amendment Application No. 1 2 dated May 20, 2015, and that §36 .2-100, Codc of tho City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated Decanber 5, 2005, as amended, be ammIldcd to rcllcct such action. h Wlnklot 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 aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2015 Subject: Application by Virginia Lutheran Homes, Inc., to amend conditions proffered as part of a rezoning at 3804 Brandon Avenue, S.W., bearing Official Tax Map Number 5180304, previously accepted by City Council on January 19, 2010, by the adoption of Ordinance No. 38709 - 011910. The application is to amend conditions by replacing the previously adopted development plan entitled "Brandon Oaks," dated July 28, 2009, amended October 29, 2009, subject to certain changes, and the previously adopted landscape plan entitled "Planting Plan Prepared for Brandon Oaks," dated November 18, 2009, and associated proffers, with a development plan entitled "Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," dated May 26, 2015, subject to certain changes, and a landscape plan entitled "Landscape Plan for Brandon Oaks `The Pines'," dated May 26, 2015. Recommendation The Planning Commission held a public hearing on Monday, July 13, 2015. By a vote of 7 - 0 the Commission recommended approval of the rezoning request, finding that the Original Application is consistent with the City's Comprehensive Plan, Greater Deyerle Neighborhood Plan, and Zoning Ordinance as it allows for continued development of the site in a manner that is sensitive to its relationship with the adjoining neighborhood. Application Information Request: Amendment of Proffered Conditions Owner: Virginia Lutheran Homes, Inc. Applicant: Virginia Lutheran Homes, Inc. Authorized Agent: N/A City Staff Person: Katharine Gray, Land Use and Urban Design Planner Site Address /Location: 3804 Brandon Ave SW Official Tax Nos.: 5180304 Site Area: Approximately 18.54 acres Existin Zoning: IMF, Residential Multifamily District Proposed Zoning: RMF, Residential Multifamily District Existing Land Use: Group Care Facility, Congregate Home, Elderly; Dwelling, Multifamily; Dwelling, Townhouse; Proposed Land Use: Group Care Facility, Congregate Home, Elderly Dwelling, Multifamily, Elderly; Townhouse Neighborhood Plan: Greater Deyerle Neighborhood Plan Specified Future Land Use: Residential Multifamily Filing Date: Original Application: May 26, 2015 Background Brandon Oaks was approved by City Council in October 1987. At that time, 22 cottage units were planned for the southern end of the property. In February 1991, City Council approved Ordinance No. 30398 -21991 to permit the reconfiguration of the cottage (two - family and townhouse)units at the southern end of the Brandon Oaks property in order to save large caliper trees (24" and greater). The 1991 development plan showed six one -story townhouse buildings containing 18 units which were constructed soon after the zoning approval. In January of 2010, City Council approved Ordinance No. 38709-011910 to permit the replacement of existing townhouse units in the southeastern corner of the site with a single, twelve -unit, building (effectively shifting six dwelling units from the front to the rear of the site) with a height that is no greater than what is permitted in the surrounding single - family district. In recent years, the applicant indicates that the single twelve -unit multifamily building has had significantly more market demand than the townhouse units. This request adjusts the development at the rear of the portion to be consistent with market demand. In May of 2015, the applicant held an Open House with neighbors to share their plans to request a change in their development plan. In May 2015, Virginia Lutheran Homes, Inc. filed an application to amend the proffered conditions from 2010, including their development plan and landscape plan. The new development plan replaces the townhouses in the center rear of the lot with a 2 -story, 12 -unit multifamily building in the same location. The proposed landscape plan adds evergreen vegetation at the crest of the landscape buffer zone to provide a more effective visual screen for neighbors. Conditions Proffered by the Applicant The applicant and owner, Virginia Lutheran Homes, Inc., hereby requests that all of the conditions enacted by Ordinance No. 38709 -01 1910 (the "Ordinance ") be repealed as they pertain to the 18.5450 acre parcel which is the subject of this application, being Official Tax Map No. 5180304. Those conditions are as follows: A. Proffered conditions set forth in Zoning Amended Application No. 2 dated November 18,2009 and incorporated in the Ordinance (1) The development of the property shall be in substantial conformity with the development plan entitled 'Brandon Oaks," prepared by Perkins Eastman Architects PC dated July 28, 2009, amended October 29, 2009, subject to any changes required by the City during comprehensive development plan review. (2) Supplementary landscaping shall be installed and maintained in accordance with Sections 36.2- 642(e) and 36.2- 642( ±) of the City's Zoning Ordinance within the existing natural vegetative buffer as shown on the "Planting Plan Prepared for Brandon Oaks," prepared by Dan Chitwood, Certified Landscape Architect, dated November 18, 2009. The applicant and owner, Virginia Lutheran Homes, Inc., hereby proffers the following conditions to be imposed on the 18.5450 acre parcel, and requests that they be adopted: (1) The development of the property shall be in substantial conformity with the development plan entitled 'Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," prepared by Lumsden Associates, P.C. dated May 26, 2015, subject to any changes required by the City during comprehensive development plan review. (2) Supplementary landscaping shall be installed and maintained in accordance with Sections 36.2- 642(e) and 36.2- 642( ±) of the City's Zoning Ordinance within the existing natural vegetative buffer as shown on the "Landscape Plan for Brandon Oaks 'The Pines" "prepared by Lumsden Associates, P.C. dated May 26, 2015. Considerations Surrounding Zoning and Land Use: Zoning District Land Use North MX, Mixed Use District and Office; Group Care Facility, RMF - Residential Multifamily Nursing Home, Dwelling, District Multifamily; South R -12, Residential Single- Family Single- family detached dwellings District East RA, Residential - Agricultural Agriculture and Single- family District detached dwellings West IN, Institutional District and R- Place of worship and Single- family 12, Residential Single - Family detached dwellings District Compliance with the Zoning Ordinance: The proposed development plan meets the dimensional standards of the RMF district. The minimum lot area per dwelling unit is 1,000 square feet; the development plan continues to provide 3,545 square feet per dwelling unit. The maximum height in the district is 45 feet, the development plan continues to cap the maximum height for the new multifamily building at the rear at 28 feet. Conformity with the Comprehensive Plan and Neighborhood Plan: Both Vision 2001 -2020 and the Greater Deyerle Neighborhood Plan identify the need to maximize the use of the City's limited land resources while preserving the natural environment. One tool to accomplish this goal is housing clusters, which are market -rate residential developments that provide a variety of housing options on a large site located within or adjacent to an established neighborhood. Since its inception, Brandon Oaks has provided a variety of housing options including congregate living units, townhouse units, and multifamily units for the elderly within to the Greater Deyerle neighborhood. The buildings are well placed with an interconnected network of driveways, walking paths, and green space. The reconfiguration of the southern portion of the site will maintain this development pattern while addressing the needs of future residents. Relevant Vision 2001 -2020 policies: • NH P1. Sustainable population. Roanoke will have a balanced, sustainable population. Roanoke will promote its urban assets, diversity, convenience, and affordability to retain existing residents and attract new ones. • NH P5. Housing choice. The City will have a balanced, sustainable range of housing choices in all price ranges and design options that encourage social and economic diversity throughout the City. Concentration of federally subsidized, assisted or affordable housing will be discouraged. • NH P6. Housing clusters. Development of housing clusters will be used to encourage and promote neighborhood revitalization, replace derelict or neglected structure, and complement the surrounding neighborhood. Relevant Greater Deyerle Neighborhood Plan Policies: Community Design Policies • Neighborhood Character: Established neighborhoods should retain their overall character and development patterns while incorporating new development that is compatible with the neighborhood, the design guidelines of Vision 2001 -2020, and efficiently uses limited land resources. • Parking: Paved parking spaces and impervious surfaces should be minimized. Residential Development Policies • Neighborhood Character: Established neighborhoods should retain their overall character and development patterns, while incorporating new development that is compatible with the neighborhood, yet which maximizes more of the land. • New development: New development should be well - planned and use limited land resources wisely. • Infill development: Infill development should be aesthetically and functionally compatible with its existing context of adjoining development. • Housing Clusters: Support the rezoning of vacant or underutilized large sites for mixed density housing provided that it is consistent with the design guidelines of Vision 2001 -2020, preserves some green space to buffer existing development, and minimized environmental impacts. The proposed development plan achieves many of the policies noted above from the plans. It provides for the continued mixed density development at Brandon Oaks while maintaining the number of dwelling units. The design is sensitive to the scale and materials of the properties around it through: the restricted height of the building closest to the single family residential homes, utilizing materials that are common in residential architecture, and by providing for additional landscaping in the landscape buffer area to screen the new building from view. Citv Department Comments None. Public Comments: None. Planning Commission Work Session None. Plannina Commission Public Hearin Bonnie Mann, 3339 Valentine Road, SW, stated that this is the third occasion of proposed change at Brandon Oaks affecting the adjoining neighbors. She reviewed the proposed conditions in 1991, 2009, now. She stated the existing screening is not enough due to the deciduous nature of the trees in the existing buffer, the plantings that Brandon Oaks never planted, and the ones planted at the property line that have died. She wants additional evergreen trees planted to completely screen the property, the 1 story townhouse unit proffer to remain from 2009, and no construction before Sam or on Sunday. Ron Milan, 3411 Valentine Road, SW, stated that it is not only the altitude, but the magnitude of the proposed building that affects the adjoining neighbors. This proffer change affects the future marketability of their neighborhood. Each proffer change request has brought considerable change. The screening in the existing proffers has not been effective since 2009. He stated that he prefers a one story structure as a two story structure will not be screened for 30 years. What is proposed will have a negative effect on the community and therefore the tax base of the City of Roanoke. Alan Thompson, 3804 Brandon Ave., SW, chose to move into The Pines because of the large size of the units whereas he had previously chosen not to move into the Cottages due to the small size of the units. He cannot see the houses behind his unit through the buffer and does not think the new site would be visible either. Dr. Doug Tuggle, 3804 Brandon Ave., SW, moved to Roanoke for the beauty of the Blue Ridge Mountains, temperate climate, the people, low stress -high quality environment, active arts community. The Pines offers privacy offered in the smaller building with assets in the larger Brandon Oaks building, and close knit fellowship. Sandy Ferris, 3804 Brandon Ave., SW, moved from the Carvins Cove area to The Pines because she wanted greenspace, wooded seclusion, a place to garden, a place to walk her dog, and privacy in addition to the assets of Brandon Oaks. It does not have a retirement home look, but the look of an upscale apartment complex. ad A. Van Hyning, Ch it U 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 Heather L. Neff, Virginia Lutheran Homes, Inc. Maryellen F. Goodlatte, Glenn Feldmann Darby & Goodlatte Department of Planning, Building and Development MAY 26 2015 ROANOKE Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. CITY OF ROANOKE PLANNING BUILDING 8 Roanoke, Virginia DEVELOPMENT Click Here 10 Prl01 Phone: (540)853 -1730 1730 Fax: (540) 853 -1230 Date: May 26, 2015 Submittal Number: Original Application �11jINl�',�1..Y;d(1 t11at anplVle ❑ Rezoning, Not Otherwise Listed ❑x Amendment of Proffered Conditions ❑ Rezoning, Conditional ❑ Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑ Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District iyflitormation: Address: 3604 Brandon Avenue, S.W., Roanoke, Virginia 24018 Official Tax No(s).: 5180304 Existing Base Zoning: ❑x With Conditions RMF, Residential Multifamily (If multiple zones, please manually enter all districts.) ❑Without Conditions Ordinance No(s). for Existing Conditions (If applicable): 38709- 0119to © With Conditions Proposed Multi—Family, Townhouse, and Requested Zoning: RMF, Residential Multifamily p ❑ How, Conditions Land Use: Congregate Home, Elderly Virijosifir owner information: Name: Irginia Lutheran Homes, Inc. Phone Number: 540 - 562 -5443 x 87 6 Address: 3807 Brandon Avenue, S.W.,Roanoke, VA 24018 E -Mail: mbirdevimetorg Prop Owner's Signature: Heather L. Neff, President Anplyi µti IMormatlon ((t dliferent from owner), Name: Phone Number: Address: E -Mail: Applicant's Signature: Authoriled A"nt Information (if applicable); Name: ryellen F. Goodlatte, Esq. Phone Number: Ma +1 (540) 2242018 Address: Glenn, Feldmann, at al., P. O. Box 2887, Roanoke, VA 24001 -2887 E -Mail: mgoodlatteeglennfeldmann.com �t F, jog"P_ Authoz Signature: �f a t�uotntee asrnhiad for all applications: ROA N O K E Ir Completed application form and checklist. r Written narrative explaining the reason for the request. r Metes and bounds description, if applicable. r Filing fee. IFmfa'teY 614Act otlhptydsa' listed, thefollovng Must ateo�estibmiltiadi F- Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. .. . i_ _.. or a ooa�7N1a71M:Iretmning, the following most also be subrni$ad: F- Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as F- 'development plan' if proffered. For a ptahbad u ft development, the following must also be submitted: r Development plan meeting Me requirements of Section 36.2 -326 of the Citys Zoning Ordinance. . '..... . :For aeminptatiensNe sign overlay distlMct the folYOwing'musfbe submitted: [I Comprehensive signage plan meeting the requirements of Section 36.2- 336(d)(2) of the City's Zoning Ordinance. For an amendment of proffered conditions, the following }oust also be submitted: r Amended development or concept plan meeting the Application Requirements of item '2(c)'in Zoning Amendment Procedures, if applicable. Fm Written proffers to be amended. See the Citys Guide to Proffered Conditions. I +I Copy of previously adopted Ordinance. For a,plannedunit development amendment, the following must also be submitted: r Amended development plan meeting the requirements of Section 36.2 -326 of the Citys Zoning Ordinance. r Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment, the following must also be submitted: r Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of City's Zoning Ordinance. r Copy of previously adopted Ordinance . For a proposal that requires a traffic Impact study be submitted to the City, the following must also be submitted: F- A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. For a proposal that requires a traffic impact analysis be submitted to VOOT, the following must also be submitted: F- Cover sheet. r Traffic impact analysis. r Concept plan. F- Proffered conditions, if applicable. r 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 most be submitted each time an application is amended, unless otherwise specified by staff. CERTIFICATE This is to confirm that I am the President of Virginia Lutheran Homes, Inc., and am authorized to sign documents on behalf of the company including, but not limited to, the Zoning Amendment Application submitted to the City of Roanoke, Virginia, with respect to Roanoke City Tax Map Parcel 5180304. Dated this 26th day of __ May _ , 2015. VIRGINIA LUTHERAN HOMES, INC. By: onll'S��L - Heather L. Neff Its: President RECEIVED MAY 2 6 2015 PLA NING BUILDING 8 DEVELOPMENT Page I of 1 Alert to business entities regarding unsolicited mailings from VIRGINIA COUNCIL FOR CORPORATIONS or ANNUAL BUSINESS SERVICES is available from the Bulletin Archive link of the Clerk's Office website. SCC Home RECEIVED MAY 2 6 2015 CITY OF ROANOKE PLANNING BUILDING d DEVELOPMENT https: / /cisiweb.sce.virginia.gov /instant.aspx 5/26/2015 05/26/15 C18N1001 OFFICERS /DIEECTORS AND PRINCIPAL OFFICE, 08:51:58 _D120RAr -- I3: 0112067 4 CURRENT AR# 2 5 -08 -3229 DATE 05 /11 /1, ` CCRF NP ^L: VIRGINIA LUTHERAN HOMES, INC. S: REST: 38U1 BRAFDON AV ?. SG SUITE 2450 CITY: FOAN03E STATE: VA ZIP: 24018 C DIR REQUIR3D: Y L A OFFICERS /OTRECTORS DTSPLAY FOR A.R� i15 -08 -5218 L T N !s T:TSR S -G': 0 HEATHER L NEFF P /CEO E GEOIGE EE \PING MD CIIAIR'�AS E DAV I SKOLE SECRETARY �. IR eAUL F WHI'E _.:MD -AS' C93 RECEIVED MAY 2 6 2015 CITY OF ROANOKE PLANNING BUILDING d DEVELOPMENT https: / /cisiweb.sce.virginia.gov /instant.aspx 5/26/2015 NARRATIVE For almost thirty years Brandon Oaks, operated under the sponsorship of Virginia Lutheran Homes, Inc. (a nonprofit corporation originally known as Virginia Synod Lutheran Homes, Inc.), has been providing quality lifecare services to its residents on its 18.554 acre campus. Over that time, Brandon Oaks' development plan has been periodically adjusted to better meet the expectations of seniors seeking independent life services while being assured that their needs can be met when independence is no longer possible. The last adjustment to Brandon Oaks' development plan occurred in January, 2010 when revised zoning conditions on the 18.554 acre parcel (the "Property ") were approved by City Council. The revision of the zoning conditions enabled the construction of The Pines I, a 2- story, 12 -unit multifamily building on the southern edge of the Property. [See Exhibit A (existing campus view) and Exhibit B (existing campus view with Pines I flagged).] The Pines 1, developed for independent living, has been so successful that demand for similarly- configured space has been constant. As a result, The Pines II has been planned and, if approved, will be constructed in the area adjacent to Pines I. [See Exhibit C (existing campus view with Pines 11 inserted).] Like its neighbor, Pines II would be a 2- story, 12 -unit multifamily building, and would have basement parking for its residents. Conceptual elevations for Pines II are enclosed and demonstrate the care taken to visually harmonize the new multifamily building with Pines I. [See Exhibit D -1 and Exhibit D -2.] The new building would include a community room, serving Pines I and II residents, an amenity requested by residents. The development plan approved in 2010 (the "Existing Development Plan") anticipated the construction of townhouses in the area now proposed for Pines 11. The Existing Development Plan also provided for a buffer zone between the Brandon Oaks development and the property lines of the adjoining residences along Valentine Road. That buffer zone ranged from 95 feet to 170 feet in depth, and included a number of existing mature hardwood trees and areas of relatively dense deciduous undergrowth. A landscape plan for supplementing selected areas on the periphery of the buffer zone was proffered. The location and dimensions of the buffer zone remain unchanged in the updated Development Plan dated May 26, 2015 (the "Updated Development Plan"), proffered by the applicant. [See Exhibit E.] While the plantings within the landscape buffer zone have been generally successful, some have not thrived. Consequently, an updated landscape plan has been proffered in order to supplement the existing vegetation with species that should be better able to thrive within the mature landscaped buffer zone. [See Exhibit F.] The Updated Development Plan places the Proposed Multifamily building (i.e. Pines II) within the confines of the same ring road which encircled the proposed townhouses on the Existing Development Plan. Unlike the previous landscape plan which focused on enhancing plantings closest to the Valentine Road adjoiners' boundary lines, the updated landscape plan provides evergreen planting areas towards the crest of the landscape buffer zone. As communicated by neighbors, and as illustrated on the attached sections, the addition of evergreen vegetation at the proposed location will provide a more effective screen for neighbors and should also provide better growing conditions for the new landscaping. [See Exhibit G -1 and Exhibit G -2.1 The Updated Development Plan continues to provide that the overall number of units on the Property will remain at 228. Without the cap, Pines II would have resulted in 229 units in Brandon Oaks. Smaller units within the existing buildings will be combined or repurposed to maintain the 228 cap. Like Pines I, Pines II will have a maximum height of 28 feet, significantly lower than the height permitted in the adjoining single- family residential district (i.e. the R -12 zoning district). Except to provide for Pines II in the area previously proposed for townhouse development, the majority of the elements contained in the Existing Development Plan remain the same. All traffic will continue to enter and exit the site at Brandon Avenue. The open space on the Property continues to exceed the requirements of the RMF district. And Brandon Oaks will continue to provide the upscale independent living options seniors have been requesting. RECEIVED MAY 26 2015 CITY OF ROANOKE PLANNING BUILDING B DEVELOPMENT *k Go��zle earth 2K Coos] C Cel `.!I _ BRANDON OAKS NVMBERGFONEWNG VNILS -]3B e SIIFIfiA 1flEA ACES DDTARD I - KITE Ex81a14. ®1'x 9I@ ING ECxIXGRMFRI IOIOUM: MNTEMIILY,CIXKJiEGPtE 1KNE A aLERY M9iGNHXGISE 4 3 oR6x�wnr� 6 1 u.mosE 5 3 SOUTH CAMPUS or R+°wzo,E •°e"w"�d] -v EAS NGMUlP M11L WIWYNG 'PMFS I' �� - Pm CEVE GPMExrPUNI ( xes ul B" () d .%�je 2�AnNi¢ 1 A,GPGBW MIA LY W.�NG P , re l _ oeRerela.'. - m�R+wnilr.x..XU.nlxe 8 " l8 oEreMarP wq aaraGS lvsR 70 •1,'�' j ry @ti NEIGHBORING PROPERTY 12 @� INFORMATION 1 msa F eaca L� >\ fr @plk� .1)..a 13 ° ® so[ixav,csaunu 14 A. NEIGHBORING PROPERTY NEIGHBORING PROPERTY araEr°n.rw< . INFORMATIONS. INFORMATION IC 1 nraerxar �mrzrtiu weuruxuwux�w --l— BRANDON w BRANDON OAKS ® VIRGML�LIRNWNNAIE$IXC. 3 au[runrl®ortw vNaarr,n,rvszrrtw 3NI BRINWN AYIIII£ RECEIVED Ra°'°'o' "=N`A2`°'N MAY � (Si0I5@SM3 c P 20 203 DATE LUMSDENASSOCIATES,P.C. 4666BRAMBLaT AVENUE PHONE: (540) 171 I'll RO�ox ENGINEERS- SURVEYORS- PLANNERS P.o.eoz 21)669 ary NGANOxe FAX: (540)n2 -9445 ROANORE, VIRGINIA ROANOKE, VIRGINIA 240018"R` 8P. MAIL @LUMSDENPC.COM 7 M. �a E PARKING CALCUTATIONS n[vorrsa.�a"raizuwo�.a�w a_ am�rwn �.runr�� svm DEVELOPMENT PLAN AMENp.EM 1G QRIGINAL P VN BY EXHIBIT E .fie A Po PARKING CALCUTATIONS n[vorrsa.�a"raizuwo�.a�w a_ am�rwn �.runr�� svm DEVELOPMENT PLAN AMENp.EM 1G QRIGINAL P VN BY EXHIBIT E EX Q n fTINGLN PAWING EXISTING LeyIenU Cryreee �( PLANTING "E t` THE PINES I, EXISTING Mila Pine !.4 I (EXISTING 2 STORY , PLANTING �;, "ayr12� MULTIFAMILY) ,A Q, EXISTING CryptomMe PLANTING ._... �) �! -�" ' EXISTING C,ypmmMe CREENNG —'� y .4 LANTING EXISTING Hdty \ MASS PLANTING J PLANTING N sW /THE 'I� I PINES II r.s �S1INGGLemMDpree �I p ��. LARGE Fxf6TIN0 PTGarvXee PLANTING SREENI (l Ir _aL r 1 $CREENIN G f 1MA65 PLANTING ., LARGE EVERGREEN SCREENING MASS PLANTING DESCRIPTION J .STOEE.EINLLSE.fl ED 1 .m IASSEPEFNTPFF500..... A NWPAVNMAGJREHEKXT EF / W .P,l \� ,.. •rU pMATTIMEEF : y 'f`E'if 'IQ P�SEg18ppFEELTp1BPAE , � -I 1[Yi^ tEY4HOCYPllE99 (aOryWpgprY PBWi RXMIALNpiCN L Ie1O1ON"N'�•1,'reLLIEP. L SMOMS.10.1 ® eeb SCALE: 1" 00•p•aonuMl DATE, May 26, 2015 LUMSDEN ASSOCIATES, P.C. ENGINEERS- SURVEYORS- PLANNERS SCALE: r =fiD• ROANOKE, VIRGINIA kR0ANOKf,VlRGlNlA COMM. NO.: 1KS VABLfTON AVENUE PHONE, (540)77 C6l 2L1E69 FM: I54o1 naw4s LANDSCAPE PLAN or ON AKS "THE PINES" 2018 E -MAU: r, wLQLUMSOENPC.COM o.�zouwma�.::owoaa:o.He •m•nem.m.e.R RECEIVED m x x MAY 2 6 2075 m y Na.-an" Bea' T q( n Pe,EL EVELOPMENL pJJ e WE �� DATE; May 18, 2 15 ISBN O. 1 COMM, NO.t ��NOKE,M�NIA 24078 E-MAIL: MNL�LUWOUNPC�COM w .�arewmee�zaiawom�e.a��awa:ogme EmegeM.m-eeego..Iw. x RECEIVED m MAY y6 2015 ti Cl � YWINMO BUILUM06 N..gppL .. OE4ElOPMEH� TT n ds y II Is a a d a I I III 1 f ,1 g, l O II p 3 j 3 111,11 J w m o 0 I o 0 W I � A N 41 q III N� ;I S I 1 � I;I I 1€ 'I, I I § I; 1� ®LUMSDEN ASSOCIATES, P.C. w �ipox.r�pcew "'°M`; i :wiFay.': ENGINEERS- SURVEYORS�LANNEAS ROANOKE, VIRGINIA npulwcnwHa. �w�e I M,HULlwsmxm_mn x RECEIVED y MAY 88 2015 �iI ClrypFgpprypNE Lj PUNX &G BWLOIHp6 DEVELOPMENT i x RECEIVED y MAY 88 2015 �iI ClrypFgpprypNE Lj PUNX &G BWLOIHp6 DEVELOPMENT EXISTING PROFFERED CONDITIONS The applicant and owner, Virginia Lutheran Homes, Inc., hereby requests that all of the conditions enacted by Ordinance No. 38709 - 011910 (the "Ordinance ") be repealed as they pertain to the 18.5450 acre parcel which is the subject of this application, being Official Tax Map No. 5180304. Those conditions are as follows: A. Proffered conditions set forth in Zoning Amended Application No. 2 dated November 18, 2009 and incorporated in the Ordinance (1) The development of the property shall be in substantial conformity with the development plan entitled "Brandon Oaks," prepared by Perkins Eastman Architects PC dated July 28, 2009, amended October 29, 2009, subject to any changes required by the City during comprehensive development plan review. (2) Supplementary landscaping shall be installed and maintained in accordance with Sections 36.2- 642(e) and 36.2- 642(f) of the City's Zoning Ordinance within the existing natural vegetative buffer as shown on the "Planting Plan Prepared for Brandon Oaks," prepared by Dan Chitwood, Certified Landscape Architect, dated November 18, 2009. The applicant and owner, Virginia Lutheran Homes, Inc., hereby proffers the following conditions to be imposed on the 18.5450 acre parcel, and requests that they be adopted: (l) The development of the property shall be in substantial conformity with the development plan entitled "Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," prepared by Lumsden Associates, P.C. dated May 26, 2015, subject to any changes required by the City during comprehensive development plan review. (2) Supplementary landscaping shall be installed and maintained in accordance with Sections 36.2- 642(e) and 36.2 - 642(1) of the City's Zoning Ordinance within the existing natural vegetative buffer as shown on the "Landscape Plan for Brandon Oaks "The Pines" "prepared by Lumsden Associates, P.C. dated May 26, 2015. RECEIVED MAY S 6 2015 CITY OF BOANOKE PLANNING BUILDING b DEVELOPMENT I 37 BE IT URTHER ORDAINED that the appkant all u n conditlana to th gran9ng of the appocation deliver to a po maetIng all otter the City of Been , Virginia, a earttlad copy of MI r 0 lark of th s Cimut Court of deeds are record to such Clack, OUoe, any recordatbn where Roanoke, VhgIn a Grantor. entl b the hams o g °same In th earns of the Cty of other pert lea In- Mte wda may so request G PP9carhL entl tlta Aamea d any DhergeS ae are require th e Cbrk rant°°° BE IT FURTHER DAINED this or,,naroe being record by the Virginia, where deeds are In the Cly of Roanoke, Virginia, a CIE has acaEned. BE IT FURTHER ORDAI within a Penod of hwNa (12) Men such otdinanca shell be 1 and necessary. BE inch recordatlon.� Pay such lase and 00 MaPept so" She", upon a certified copy of curt of the City of Roanoke, h C Otbe, file with the Cty Engineer for reoeipL demonaboing that each recordation t the above Codtions have not been met the date of the adofnbn of this ordbance, With no further action by City Courot hair; R FINALLY O AINED that pure Charter, th e second yea of this oNManos APPRO ATTEST- h, r�9orJ c1M city to Me proNelons of 0 12 of the City No IS hereby dispenser! with DEEM A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE VIRGINIA The 19'^ day of January, 2010. No. 38709.011910. AN ORDINANCE to emend §38.2 -100, Code of Me City of Roanoke (1879), as amended, 00, as and the OlBClel Zoning Map, City of Roanoke, Mrgknla, dated December 5 2005. as amended, hY MPeatng Ordinance ND. 3039&21981. adopted an February 18. 1991, to the exlem Met n pacad certa n oradltbne on Ofl99I Tax No. 5180308, based d at sp�n Brandon tli Me seco d mad n M thin uroNnenuepy Me. the Progeny: and RECEIVED MAY 2 6 2015 CRYO ROmom P NNND WILDINDe DEVVL EEEm m WHEREAS, Virginia Lutheran Hm of the City of Roanoke oes, Inc. has filed an application to the Council ' to repeal Ordinance No. 30398- 21991, adopted February 19, 1991, to the extem such ordin"M Placed certain conditions upon property bearing Official Tax No. 5180304, located at 3804 Brandon Avenue, S. W., and to place new conditions proffered by the applicant on the property; WHEREAS, the City Planning Commission, which after giving proper nolfce to at concerned as required by §38.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a Public hearing an the mater, has made Its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at is meeting on January 19, 2010, after due and timely notice thereof as required by §38.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties In interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, City Council, seer considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the maters presented at the Public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requke the ' repeal of Ordinance No. 30398 - 21991, adopted February 19, 1991, to the extent such ordinance placed certain conditions upon property bearing Of8dal Tax No. 5180304, located at 3804 Brandon Avenue, S. W. and the adoption of the proffers pertaining to the subject property as set forth herein, and for those reasons, is of the opinion that the subject property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 30398- 21991, adopted by the City Council on February 19, 1991, to the extent that it placed certain conditions on Official Tax No. 5180304, located at 3804 Brandon Avenue, S. W., is hereby REPEALED, and that the Othclal Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to retied such action. 2. That proffers set forth In the Zoning Amended Application No. 2, dated November 18, 2009, are accepted and Placed on the property bearing Official Tax No. 5180304, so that such property will be zoned RMF, Residential Multifamily District with conditions Proffered by the applicant, and that §38.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December S. 2005, as amended, be amended to reflect such action. 'We, 3. Pursuers to the Provisions of 412 of the City Charter, the second readq of miff ordinance by title Is hereby dispensed vdm. n APPROVED ATTEST: in Stephanie M. Moon, CMC Chy Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOK VIRGINIA, 19' day of January, 2010. No. 39710-011910. AN OROINANC to an § 35.2 -100, Cod the City of Roanoke (1979), es emended, and the g15ci ning Map. City of Ro d, VIrgIMa, dated 13ecam6er 5 2005, as emended, b rope Mibna as Mry la Official Tax No. 5370210 and; .021 acre portion of Olfk:lel No. 5370205 too at me Intersection of Peters Creek Road and Woodbridge O ,end such property from CG Commemlal General District, m R -3, ResldenN Ingle Fe b Di. Placing a new aubJecl Properties; and tliapwaIng vin ffre seoontl reading of Mla ordinance 9 by tiffs. WHEREAS; when me CouncN of City of Roanoke ('Ctly Coundl� adopted Ordinance No. 28357 on October 20, 1 qty of RoaN a Property beading Official Tax No. 587p son accepted proffers related to subdivided nm Iwo parcels antl thereby creatln new additional Pr a being wbcequemy Tax No. 5370210: 9 parcel bearing OMClai WHEREAS, D a S Davelopmbnt Group, LLC, nesfilad an application to the Cm Council to repeat the proffers a 4.pted by Council ti adopted Ordinance No 25357 on October 20, 1985, ae e��h conditions relate to i Tex No. 5370210 and e .021 acre portion of Official Tax T°• 5370205; WHEREAS, the applicant seek, to have the Property bearing Official Tax No. 5370210, located at 4403 Woodbridge Avenue, N. W., and a ,021 acre Portion of me adjacent parcel bearing I Tex No. 5370205, rezoned from CG, General DlatrIck to R -3, R Commercial ' as set lo M In iha Zoning dad Sngla ion Ny p-N i subject to a certain cerlati w Application No. 2 dated November 25, 2005; endM DeWhOntof %Muirg, BuWhV and Development ROA NOK E Room 168, Noel C. Taylor MuniGpal Building 215 Church Avenue, S W. Roanoke, Virginia 24011 CIICkNere b PdM Phone: (540)8531736 Fax: (540(853 -1230 Gets, Nov (g 2U-q Submittal Number Amendetl Appliratbn NO.2 ❑ Remning, Not Otherame Listed J Ox Amendment of Pmffemd Conditions ❑ Remning, Conditlonai ❑ Amendre M of Planned Unit Development plan ❑ Rezoning to Plumed Unit Development ❑ Amendment of Camprebensive Sign Ocerlay District ❑ Establishment of Cwllprehenehe Sign Oway District o Address: 3804 Brandon Avenue, SW OlSoial Tax No(s).: 51e0304 Existing Base Zoning: (If multiple cones, please mantel enter all des ls.) px With COrkiaons RMF Residential Mutfamily ❑ Without Condition Ordinance No(s(. far Existing Condieuns(if applirapy); O -2(99( Requested Zoning: RMF, Residential Multifamily too* k""I"limpm Proposed Land Use: MULTIFAMILY/TOWNHOUSE DWELLING Name: VIRGINIA LUTHERAN HOMES, INC. Phone Number: 5625443 Address: 1 Shmwn Drive, Salem, VA 4153 —� E -Mail:) N --_ Prowq Owner ignaNre' Name: Ph.. Number: Address: E -Mail Applicants Signature: Name: Scott R. Geodes, Esq. Phone Number 725 -4709 Adore 3140 Ch pdAa Or DC, Roanoke Virginia 24018 E -Mail: sgetltlesQPOpnlew.com }•^�•yu rypna ay�vry�9, � • . ••. No 0 Subie »rty; 3804 Brandon Avenue, SIN Tax Mao No.: 5180304 ADDlican /Own r Virginia Lutheran Homes, Inc. JUSTIFICATION /INTENDED USE OF PROPERTY Based on vacancies in the existing Brandon Oaks Independent Living apartments and cottages, Petitioner, VIRGINIA LUTHERAN HOMES, INC., determined that an assessment was required of the most feasible way to reposition the campus for the future and it employed Perkins Eastman to re- plan the original cottage "arboretum" site to reposition the campus. Three primary assumptions were a part of this study: • The study would work within the existing project entitlements, including adhering to the 228 unit limitation for the site, which is presently maximized on the site. • New apartments should seek to have similar amenities and square footage as in the existing facility. • No changes to the exterior of any existing portion of the project will be made except for demolition of the existing eighteen cottages at the rear of the property and replacement with three one -story townhouse buildings (Building A) and one two -story multifamily building (Building B). Some conclusions of the study were: o As to the existing "arboretum" site to the south of the main building • At 1100 sf, the cottages on the "arboretum" site are small and have begun to lose their market appeal and experience significant vacancies. Therefore , the changes to this site will replace all of the cottages with larger units. • This "arboretum" site would best meet Brandon Oaks market needs if It created a mix of larger units in one two -story multifamily building consisting of 12 units and three one -story cmum9aNnerlu'%W rk \tlWLtllenbNviminia wmemn HomeswmencedN.mvve.10.30.09.dac vao= 1 orz `Nev -09 townhouse buildings consisting of 4 units each. The two -story multifamily building would have 6 units per floor with communal parking located under the building. Each unit would range In size from 1400 to 1700 sf, with a balcony or Patio, and contain a minimum of two bedrooms /two baths. The three one -story townhouse buildings woultl have four units per building with each unit consisting of 1700 square feet. Parking would be Provided in Individual garages and driveways. These new residences would increase the number of units on the "arboretum" site from 18 units to 24 units while staying within the total permitted - 228 units as the result of the combination of units In the existing facility. EFFECT OF PROPOSED AMENDMENT ON THE SURROUNDING NEIGHBORHOOD The amendment of proffers being requested will not negatively impact the surrounding neighborhood any more than the Impact of the existing proffers. AVAILABILITY OF OTHER SIMILARLY ZONED PROPERTIES IN THE GENERAL AREA AND IN THE CITY N/A RELATIONSHIP OF THE PROPOSED AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN AND THE APPLICABLE NEIGHBORHOOD PLAN Compatible naumgardner /0: \W0r d01.d1erea \V1rywa Lugaran NOm S%AmendedNa,r J,a.10.30.O9.da Page 2 M2 3- Nor -09 cuc�ycp FlpY[.' S 1 P Subject rty: �� 3804 Brandon Avenue, SW Tax Mao No.: 5180304 ADDli an )O • n r Virginia Lutheran Homes, Inc. ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: rrSY OF ROANOKE Of izk T� rrf Property gddr, Owne/ and Mailin�gndi 5050603 3333 Valentine Road, SW Gaynelle Arthur Marrazz0 3333 Valentine Road, SW Roanoke, VA 24018 5180302 3808 Brandon Avenue, SW Corporation of the Presiding Bishop of the Church of Jesus Christ 50 E. North Temple - 22nd Floor Salt Lake City, UT 84150 5180313 3507 Valentine Road, SW Michael R. & Kelly R. Dooley 3507 Valentine Road, SW Roanoke, VA 24018 5180314 3411 Valentine Road, SW Georgette S. Milan 3411 Valentine Road, SW Roanoke, VA 24018 5180325 3502 Loblolly Lane, SW Virginia Lutheran Homes, Inc. 117 Sheraton Drive Salem, VA 24153 5180326 3501 Loblolly Lane, SW Betty C. Etzler 3501 Loblolly Lane, SW Roanoke, VA 24018 C\Oan,mnNS ands Wn9s \anan.opnlawNWwj eVM95 \T[mpp,a,y Nfe,nl.[FlIGS \OLI(COUpO 2),d 31W-09 x1a0a 1 of 3 CUY -10 Ad 5180327 3435 Valentine ne Road, SW OF ROANOKF wo nd Male gddreq K & Susan M. Russell 3435 Valentine Road, SW Roanoke, VA 24018 5180328 3427 Valentine Road, SW Blake C. & Pamela C. Deavers 3427 Valentine Road, SW Roanoke, VA 24018 5180329 3419 Valentine Read, SW Mark D. & Sharon A. Kennedy 3419 Valentine Road, SW Roanoke, VA 24018 5189340 3519 Windsor Oaks Circle, SW Peter H. & Lee B. Wonson 3519 Windsor Oaks Circle, SW Roanoke, VA 24018 5180341 3515 Windsor Oaks Circle, John Wayne & SW 3515 Windsor Oaks Circle, SW Roanoke, VA 24018 5180342 3516 Windsor Oaks Circle, Joseph Valentino Sartinia III SW 3516 Windsor Oaks Circle, SW Roanoke, VA 24018 5190101 3752 Brandon gvenue, SW Poplar Hill Limited Partnership, LLC 3752 Brandon Avenue, SW Roanoke, VA 24018 5050601 3347 Valentine Road, SW James Zadell 3347 Valentine Road, SW Roanoke, VA 24018 5050602 3339 Valentine Road, SW Bonnie L. Mann 3339 Valentine Road, SW Roanoke, VA 24018 5200106 3807 Brandon Avenue, SW C S W associates 3807 Brandon Avenue, SW Roanoke, VA 24018 Q nnadts and Samnps�dnaROpnla� j Semnpe\Tema,dmry tntemet n1eaX0Woe,,o0 (2). 3 -Au¢" do[ppe 2IX 3 W-d T_ aryy�bg� Fromv Andr 3200117 3837 Brandon Avenue, SW CLTY OF ROANOKE Own r' Nam and Ma=li___ nu Add_rM Vlrglnia Lutheran Homes, Inc. 117 Sheraton Drive Salem, VA 241S3 CAD aneRS and Sehinge \enan.aonlaw \W j SCWnga \Temporary Indd n& nlm\O"CONPO (2).do a, 3 d 3 3 -Aug -O u:1ti•v1• i' Subject Property: 3804 Brandon Avenue, SW Tax Map No.: 5180304 ADDlica_ nt/Owner Virginia Lutheran Homes, Inc. Your Petitioner hereby requests that the existing Proffers established by Ordinance No. 3039 8-21991 dated February 19, 1991, the following be REPEALED: (1) That the development Of the property will be in substantial Conformity, with the revised concept plan prepared by ShererfZ Franldin, Crawford 8 Shaffner, dated January 4, 1991, with the January 15, 1991, notations, a copy of which is attached to this Petition as Exhibit "B", subject to any changes required by the City during comprehensive development plan review. (2) That the project will include such screening and buffering at the southeast comer of the development so ae to Prevent headlights from said area being visible to the residences on adjoining properties located on Valentine Road. (3) That all drainage from the developed area will be Collected into detainment basins and piped from the same to a public storm drainage system In a manner approved by the Engineering Depar&wt of the City Of Roanoke. Cs'- n 'Mne ONINGMMONE CMAAM ROMRS r0 BE M M3. 0.A,9 9 Sublect Property: 3804 Brandon Avenue, SW Tax Mao No.: 5180304 Applicant /Owner Virginia Lutheran Homes, Inc. Your Petitioner requests that the following Proffers be ADOPTED: (1) The development of the property shall be in substantial wMormity with the development plan entitled "Brandon Oaks," prepared by Perkins Eastman Architects PC dated July 28, 2009, amended October29, 2009, subject to any changes required by the City during comprehensive development plan review. installed and Maintained ntainetl naccordance with sSections 36.2- 642(e) and 36.2- 642(f) of the City's Zoning Ordinance within the existing natural vegetative buffer as shown on the "Planting Plan Prepared for Brandon Oaks," prepared by Dan Chitwood, Certified Landscape Arwtect, dated November 18, 2009. Cba -9-Nn" /ZONING /RORNOKE CMNLH /PROFFERS TO BE ADOPTED [ M -30 -09 BL 5 {qq{9 a I Y Q O o�p �G. MR I r d Q F _V F 0 Z Z �a 4y/4g SF C> ¢4 Q 0 0 a z 5 u -' OD P `w O µNOL 5050512 co6�e15 50506 �� 505S1g1A 5050610 5056211 505060' 5050613 O 5050608 W � a 5050601 > 51803'40 � Z a 5180331 � 518033 O 5180333 M, 0 0 DAWN -� r c� 00 P� Y °•, v' "" AIT x i� t0 a Jn1 '�8�0`* ND 57 t i p.. DEV bRLE O °o a G bOlff ZS J�. W _ 518012 �i O o ?U0814 � � p O - � E E E po o E v v m -� y v LL c m m .. m 7F5 o % E E E y_ o- U U — 2 0? ¢ p 10 O V a .� N r N n o a ME d o Q Q U Z C7 X O O X LL N J 0 ®� ! N AFFIDAVIT APPLICANT: Virginia Lutheran Homes, Inc. LOCATION: 3807 Brandon Avenue, SW Tax No. 5180304 REQUEST: Amendment of Proffered Conditions COMMONWEALTH OF VIRGINIA ) ) TO -WIT: CITY OF ROANOKE 1 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 27 1Y1 day of Jug , 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 on the attached. Tina M. Carr SUBSCRIBED SWORN to before me a Notary Public, In the City of Roanoke, Virginia, this day of w , 2015. Notary Public CANDACE R. MARTIN NOTARY PUBLIC Comnwn fth of Yegin® M Oa ,..k n. 828207 0 n m N N N N N N N m N N N N N N N N N N N N N N 4 - a a¢ a a a �- a a a a a a a a a a a a a a a . > > > > > > > > > > > > > > > > > > > > > > u Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 0 0 O O O Q O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r Q y N N � N V>I ry N fPV ¢ ¢ ¢ N N O3 N N N Vfl 3 y;j N 3 0 0 0 a a > >> > O 00 a¢¢ a z Z m z z z w Z Z Z 2 z z¢¢¢ Z Z Z Z Z W W z z i W z 0 0 W w w o 0 0 zz z z z zz 'y "J� yam zzzaa qa �� a a E a a a¢ a a¢ o a a m a >> J > >> o >> m > > > > N p1 N N N Z h H 1!1 N O1 m b N N N� N 'O p Zvi N 'I O O N N O O O 2 z Z Z u Z � x ¢ .n z J z ¢ m w C > Z U' F¢ a N S O -. V W b w Q ¢ m V a¢ Z V y�j J C a V F 0 W 0 z? w�y f¢ a? a o o J a f Y F YO V Z> x O '^ w a m _ry x¢ o i i a 3 0 i m o „� z a w Z rc¢- z n pp w O z .t z F s z; 0 3 I a w ¢ o O s N j O Z a 0< 0 ¢ v� ¢ b O a- f f 0 u' F u 0> C¢ 2 x n; m u m u PLANNING BUILDING AND DEVELOPMENT Noel Taylor Municipal Building Room 215 Church urch Avenue, SW, Room 1f 6 Roanoke, Virginia 24011 540 853 1730 fax 540 853 1230 ROANOKE pianninoftDroarokeva.usov IMPORTANT NOTICE — PLEASE READ June 29, 2015 An application has been filed with the Department of Planning Building and Development. The complete application can be viewed on the Planning Building and Development website at httD: / /www.roanokeva .goy /olanninocommission. Information on the request is as follows: Application by Virginia Lutheran Homes, Inc., to amend conditions proffered as part of a rezoning at 3804 Brandon Avenue, S.W., bearing Official Tax Map Number 5180304, previously accepted by City Council on January 19, 2010, by the adoption of Ordinance No. 38709 -011910. The application is to amend conditions by replacing the previously adopted development plan entitled "Brandon Oaks," dated July 28, 2009, amended October 29, 2009, subject to certain changes, and the previously adopted landscape plan entitled "Planting Plan Prepared for Brandon Oaks," dated November 18, 2009, and associated proffers, with a development plan entitled "Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," dated May 26, 2015, subject to certain changes, and a landscape plan entitled "Landscape Plan for Brandon Oaks 'The Pines'," dated May 26, 2015. The zoning of the property will remain Residential Multifamily (RMF), permitting these land use categories without proffered conditions: residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 1,000 s.f. of lot area and no maximum floor area ratio. The comprehensive plan designates the property for residential multifamily. The date, time and place of the public hearing scheduled by the City of Roanoke Planning Commission on the request are as follows: Monday, July 13, 2015, 1:30 p.m. City Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Questions concerning this request may be directed to Katharine Gray, City Planner, in the Department of Planning, Building and Development, at 853 -1502. Tina M. Carr, Secretary Roanoke City Planning Commission ZONING DISTRICT MAP 3804 Brandon Ave SW `®� sipA.,'; T, Official Tax Parcel: 5180304 sonnet Pgpw _ORD - ®Area to be Rezoned 3 0 X a,I 10 Conditional Zoning No vo 5200 Zoning e: RA (Residential -Agriculture) a� R -12 (Res. Single-Family) R4 (Res. Single - Fatuity) " R 5 (Res. Single- Fanuly)[;y R -3 (Res. Single - Family) i s 51i301!##„ RM -1 (Res. Mixed Density) ilc2oi Nr 0 RM -2 (Res. Mired Density) i, N RMF (Res.Mulli- Family) cR caEEI( K j5fip32^ �� CN (Commercial - Neigh) o CG (CommemaFGeneraq 0 CLS (Commercial -Large Site) - 'n B 1.1 (Light Industrial) 'tfi� c2 v-O LOLLY LN 518032 u 1.2 (Heavy Industrial) m j o ,°,� 51ti0325 D (Downtown) 5180123 y w ° MX (Mixed Use) — IN (InsWUhonal) ROS (Rec & Open Space) WtNpS� R OAKS 'o AD (Airport Dev) .0 MXPUD (Mixed Use Planned Unit Oev) 0 0 r' m OAKS AD (Airport Dev) .0 MXPUD (Mixed Use Planned Unit Oev) INPUD (Institutional Planned Unit Dev) r' VPLENTINE G J6 IPUD (Industrial Planned Unit Dev) OF (Urban Flex) OP £ 8 o" Is .7r O J' "Oc 0 200 400 Feet u �F tltl+ 9 S'11'j L6 � ---� -n ^ S07UJ CITY OF ROANOKE - PDV Ann Tina M, Cart STEPHANIE M. MOON REYNOLDS - MMC. CITY CLERK 215 CHURCH AVE, SW, SUITE 456 NOEL C. TAYLOR MUNICIPAL BUILDING ROANOKE, VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication RECEIVED JUL 2 2 2015 CITY OF ROANOKE PLANNING BUILDING A DEVELOPMENT Account Number 6011439 Date July 07, 2015 Date Category Description Ad Size Total Cost 07107/2015 Legal Notices PUBLIC HEARING - Planning Commission i a 157 L 1,501.84 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 - Planning was published in said newspapers on the following dates: 06130,0710712015 The First insertion being given ... 06/302615 Newspaper reference: 0000185415 luuiI BI ing Representative Sworn to and subscribed before me this Tuesday, July 7, 2015 I nra 10 MW I A MILL. rLtASt RAY PROM INVOICE. THANK YOU =F•:' NOTARY '•;�1�: State of Virginia Y: /:; PUBLIC '•9 City /County of Roanoke =,k REG, #332964 My Commission expires `ii /`'y M COMMISSIONp r T�'/`' -fir- I nra 10 MW I A MILL. rLtASt RAY PROM INVOICE. THANK YOU PUBLIC HEARING NOTICE Any person with a dlmbllity, repulsing any sWoal MCOmnpaaflon t0 attend A, paMCipah In Ne hearings should output Planning, Building Rod pelorene nt.1(Up)853-1)10 At lemf fi42 flays poor to the setMaled bearing. The tlH of Reasons Planning COmmlasbn will Mid public bearings prints I', 2015, at laa p.m., or as soon as the nobler, may be beam, to mnmder Rest appllratlons and requests: Appllcatnn by Virginia Lutbsan Homes, Ina, W amen conditions praHerl a pad of A rcaonin9 at 3804 Brandon Avenue. S.l4.. bearing Ofnmal Taa Map Number 5100304, prevjouly aeoeptl by City COUntll on January 19. 2010, by the adbptlon of ordinance No. A70 011910, Tie apultatian Is to asrel cnnditip0s by repfacing the pradnesly Adopted development plan enlftfed "Brandon Oaks." based let, 28, V(st amended OWber 29, 2003, aubjeet to eenaln Changes, And the A reglxn by the City of Roanoke to oonsmer an ordman,a amending thn Fee Compy"tre of the City to establish On follawhng rew lees for legal edye ft.. l for e0er, amendments, scetlal .,ne,joye, variances, and appeals to the board of ^1 ^g appeal, such rev Area ball Upon AbtMtlly granite t0 the Of, of Roanoke by Section 151.2286 of the We At Virg(nia(1950), As amended: Lega( AdIlstelnp Ice M. A ones, mendmentappliWfan 5550 a Legal advedi,ing lee for a special .1od napplb'aljanamendment II50 Legal adveNSing Ire for a variance application 9250 Legal advartiOn fee for an appeal to the Board of Zoning Appeals $11 Tina M. Carp Secretary, Cry Planning fAmrn"Ar, Ctry Coundl will hold public bearings n the aforenid dpplioatlons antl on on holy 20, 2015, at f00 Dim., or on as the matters nmy be heard. so Stephanie M. Moan Reynolds, MMC, City Clerk (185415) 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. Copies of all proposed ordinances, including the ordinance to amend the Fee Compendium, together with information concerning the documentation for the new proposed fees, are available for review in the Department of Planning, Building and Development, Room 166, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, and in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 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 July 13, 2015, at 1:30 p.m., or as soon as the matters may be beard, to consider these applications and requests: Application by Southeastern Site Acquisitions, LLC, to rezone property located at 0 Daleton Road, N.E., bearing Official Tax Map Number 7130116, 2512 Daleton Road, N.E., bearing Official Tax Map Number 7130102, 0 Orange Avenue, N.E., bearing Official Tax Map Number 7130103, from CLS, Commercial -Large Site District, and 2548 Orange Avenue, N.E., bearing Official Tax Map Number 7130101, from CG, Commercial- General District, to MXPUD, Mixed Use Planned Unit Development District, with conditions. The proposed uses are multifamily dwelling and community center. The land use categories permitted in the MXPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory. The comprehensive plan designates the property for Mixed Residential and General Commercial, but does not specify density. Application by Virginia Lutheran Homes, Inc., to amend conditions proffered as part of a rezoning at 3804 Brandon Avenue, S.W., bearing Official Tax Map Number 5180304, previously accepted by City Council on January 19, 2010, by the adoption of Ordinance No. 38709 - 011910. The application is to amend conditions by replacing the previously adopted development plan entitled "Brandon Oaks," dated July 28, 2009, amended October 29, 2009, subject to certain changes, and the previously adopted landscape plan entitled "Planting Plan Prepared for Brandon Oaks," dated November 18, 2009, and associated proffers, with a development plan entitled `Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," dated May 26, 2015, subject to certain changes, and a landscape plan entitled "Landscape Plan for Brandon Oaks `The Pines'," dated May 26, 2015. The zoning of the property will remain Residential Multifamily (RMF), permitting these land use categories without proffered conditions: residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 1,000 s.f of lot area and no maximum floor area ratio. The comprehensive plan designates the property for residential multifamily. A request by the City of Roanoke to amend Vision 2020, the City's comprehensive plan, by vacating and releasing the public's right to use an approximately 0.556 acre portion of Brown - Robertson Park to create right -of -way for the realignment of l Oth Street, N. W, such real property located at 0 1 Oth Street, N. W, bearing Official Tax Map Numbers 2050307 and 2050402, and by dedicating an approximately 0.220 acre of property across I Oth Street to become part of Brown - Robertson Park for use as a tradhead parking area. A request by the City of Roanoke to consider an ordinance amending the Fee Compendium of the City to establish the following new fees for legal advertisements for zoning amendments, special exceptions, variances, and appeals to the board of zoning appeals, such new fees based upon authority granted to the City of Roanoke by Section 15.2 -2286 of the Code of Virginia (1950), as amended: Legal advertising fee for a zoning amendment application $550 Legal advertising fee for a special exception application amendment $250 Legal advertising fee for a variance application $250 Legal advertising fee for an appeal to the Board of Zoning Appeals $250 Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications and requests on July 20, 2015, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on Tuesday, June 30, 2015, and Tuesday, July 7, 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.carr @ronokeva.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 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)853 -2541 Eae: (540)85 3-1145 E -mail clerk@..... kcva.g.r STEPHANIE M. MOON REYNOLDS, MMC City Clerk CECELIA'1'. WEBB, CMC July 14, 2015 Acting Depute City Clerk Maryellen F. Goodlatte, Esquire Glenn, Feldmann, Darby and Goodlatte P.O Box 2887 Roanoke, Virginia 24001 -2887 Dear Ms. Goodlatte: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Monday, July 20, 2015, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on a request of Virginia Lutheran Homes, Inc., to amend conditions proffered as part of a rezoning at 3804 Brandon Avenue, S. W., previously accepted by City Council on January 19, 2010, by the adoption of Ordinance No. 38709 - 011910. At its meeting held on Monday, July 13, 2015, the City Planning recommended approval of the rezoning request on a 7-0 vote. If you would like a copy of the Planning Commission report, please contact Tina Carr, Secretary, City Planning Commission, at (540) 853 -1730. Lastly, it will be necessary foryou, or your representative, to be present at the July 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, AAAt'�r'n. YAM\��,��'r 4Q� Stephanie M. Moon Reynolds, N)MC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Faa: (540) 853 -1145 E -mail: derkivroanokeva.gm STEPHANIE N1. NIOON REYNOLDS, NINIC City Clerk July 14, 2015 To Adjoining Property Owners Ladies and Gentlemen: CECELIA T. SYEDR, CHIC Acting Deputy City Clerk Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing has been advertised for Tuesday, January 20, 2015 at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on a request of Virginia Lutheran Homes, Inc., to amend conditions proffered as part of a rezoning at 3804 Brandon Avenue, S. W., previously accepted by City Council on January 19, 2010, by the adoption of Ordinance No. 38709 - 011910. This letter is provided for your information only as an interested party and /oradjoining property owner. If you have questions or desire a copy of the report with regard to the matter, please contact the Department of Planning, Building and Development at 540- 853 -1730. Should you have questions regarding the public hearing before the Council, please do not hesitate to contact the City Clerk's Office. Sincerely, y,� (� iM-V m. r r tO i� d Yom/ Stephanie M. Moon R nolds, MMC City Clerk Adjoining Property Owners July 14, 2015 Page 2 PC: Virginia Lutheran Homes, Inc., 117 Sheraton Drive, Salem, Virginia 24153 James Zadell, 3347 Valentine Road, S. W., Roanoke, Virginia 24018 Bonnie Mann, 3339 Valentine Road, S. W., Roanoke, Virginia 24018 Gaynelle Arthur Marrazzo, 3333Valentine Road, S. W., Roanoke, Virginia 24018 Gregory Osterhaus, 3323 Valentine Road, S. W., Roanoke, Virginia 24018 James Gentile, 3315 Valentine Road, S. W., Roanoke, Virginia 24018 E. C. and Betty Trenor, Trustees, 3307 Valentine Road, S. W., Roanoke, Virginia 24018 Corporation of the Presiding Bishop of the Church of Jesus Christ, 50 East North Temple, 22nd Floor, Salt Lake City, Utah 84150 Michael and Kelly Dooley, 3507 Valentine Road, S. W., Roanoke, Virginia 24018 Georgette Milan, 3411 Valentine Road, S. W., Roanoke, Virginia 24018 Betty Etzler, 3501 Loblolly Lane, S. W., Roanoke, Virginia 24018 Kevin and Susan Russell, 3435 Valentine Road, S. W., Roanoke, Virginia 24018 Blake and Pamela Deavers, 3427 Valentine Road, S. W., Roanoke, Virginia 24018 Mark and Sharon Kennedy, 3419 Valentine Road, S. W., Roanoke, Virginia 24018 Charles Paget, III, 3523 Windsor Oaks Circle, S. W., Roanoke, Virginia 24018 Peter and Lee Wonson, 3519 Windsor Oaks Circle, S. W., Roanoke, Virginia 24018 John Wayne, 3515 Windsor Oaks Circle, S. W., Roanoke, Virginia 24018 Joseph Sartinia, III, 3516 Windsor Oaks Circle, S. W., Roanoke, Virginia 24018 Poplar Hill Limited Partnership, LLC, 3752 Brandon Avenue, S. W., Roanoke, Virginia 24018 CSW Associates, 3807 Brandon Avenue, S. W., Suite 245, Roanoke, Virginia 24018 Baron Enterprises of Virginia, Inc., 4818 Grandin Road, S. W., Roanoke, Virginia 24018 July 21, 2015 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: I am enclosing copy of Ordinance No. 40304 - 072015 amending the Fee Compendium to create new legal advertising fees for zoning amendments, special exceptions, variances, and appeals to the board of zoning appeals. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2015; and is in full force and effect upon its passage. Sincerely, p4m' t� Stephanie M. Moon eynold , MM City Clerk Enclosure PC: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director of Management and Budget Christopher L. Chittum, Director, Planning, Building and Development Tina M. Carr, Secretary, City Planning Commission CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540 )853-2541 Fax: (540) 853 -1145 .ti'11:I'II ANI P. M. MOON REYNOLDS. MMC L ?mail: elerk(vroan. key..,- CECELIAT. WEEE,CM(' Cin -Clerk Acting Deputy City Clerk July 21, 2015 Barbara A. Dameron Director of Finance Roanoke, Virginia Dear Ms. Dameron: I am enclosing copy of Ordinance No. 40304 - 072015 amending the Fee Compendium to create new legal advertising fees for zoning amendments, special exceptions, variances, and appeals to the board of zoning appeals. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2015; and is in full force and effect upon its passage. Sincerely, p4m' t� Stephanie M. Moon eynold , MM City Clerk Enclosure PC: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director of Management and Budget Christopher L. Chittum, Director, Planning, Building and Development Tina M. Carr, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 2015. No. 40304 - 072015. AN ORDINANCE amending the Fee Compendium to create new legal advertising fees for zoning amendments, special exceptions, variances, and appeals to the board of zoning appeals; providing for an effective date; and dispensing wi¢h the second reading of this ordinance by title. WHEREAS, it is desirable to establish new legal advertising fees for applicants and to facilitate the application process for certain zoning matters; WHEREAS, the planning Commission held a duly advertised public hearing on July 13, 2015, to consider this amendment; and WHEREAS, City Council held a duly advertised public hearing on July 20, 2015, to consider this amendment. NOW, THEREFORE BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as of that date, as amended, shall be amended to reflect the addition of the following new fees: Legal advertising fee for a zoning amendment application $550 Legal advertising fee for a special exception application amendment $250 Legal advertising fee for a variance application $250 Legal advertising fee for an appeal to the Board of Zoning Appeals $250 1 Resolution No. 32412- 032795 is hereby amended to the extent and only to the extent of any inconsistency with this Ordinance. 3. The fees established by this Ordinance will become effective immediately upon adoption, and shall remain in effect until amended by this Council. 4. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ry�,.ov-,k City Clet k. o- Alnena F« Comp dio,n(ad reesi.doc E) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2015 Subject: Amendment to the Fee Compendium of the City of Roanoke Application and Recommendation Recommendation The Planning Commission held a public hearing on Monday, July 13, 2015. By a vote of 7 - 0 the Commission recommended approval of the request on the proposed amendment to the City's Fee Compendium to establish fees for zoning actions that require public hearing notices, such fees to be effective upon adoption by City Council. Background The Planning and Neighborhood Services Division has seen great success with a multiyear process to streamline and otherwise improve the zoning processes that require public hearings. The zoning processes that require public hearings are zoning amendments, special exceptions, variances, and appeals to the Board of Zoning Appeals. The Division implemented a cost saving practice that benefits both applicants and the City. The combination of multiple legal advertisements into a single legal advertisement significantly reduced costs by as much as half. After the change was made, however, the process remained unwieldy because the City had to prorate costs and notify the applicant of the charges for the ad. The applicant then made payment to the Roanoke Times. In some cases, applicants failed to pay the costs and the City was obligated to make the payment. To address the situation, the Division proposes to implement a schedule of flat legal advertising fees that would be paid by each applicant to the City as part of the application process. The City, in turn, would make payments directly to the Roanoke Times. Considerations Typically, adoption of amendments to the Fee Compendium is by City Council resolution. However, the Code of Virginia requires that fees for zoning actions be subject to a Planning Commission public hearing and recommendation, and a public hearing by City Council is required prior to adoption of an ordinance amending the Fee Compendium. Staff reviewed the costs for individual legal advertisements over the recent years and determined the following fee structure as appropriate: Legal advertising fee for a zoning amendment application $550 Legal advertising fee for a special exception application $250 amendment Legal advertising fee for a variance application $250 Legal advertising fee for an appeal to the Board of Zoning $250 Appeals The zoning amendment fee is higher than that for special exception, variance, or appeal because the notices tend to be much longer. Moreover, zoning amendments require notice for two public hearings (Planning Commission and City Council) while only one public hearing is required for actions by the Board of Zoning Appeals. With flat fees, some applicants may pay slightly more or slightly less than the actual cost of the ad. Applicants will appreciate having a predictable cost for legal advertising. More significant is the fact that the new system enables us to reduce legal advertisement costs by nearly half. After one year of implementation, the Division will review actual costs and revenues to ensure the established fees remain appropriate. Public Comment: None. Planning Commission Work Session: None. Planning Commission Public Hearino: None. Chad A. VanHyning, C a' City Planning Commissi n cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney IN FILE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE amending the Fee Compendium to create new legal advertising lees for zoning amendments, special exceptions, variances, and appeals to the board of zoning appeals; providing for an effective date; and dispensing with the second reading of this ordinance by title. WHI;RF,AS, it is desirable to establish new legal advertising fees for applicants and to facilitate the application process for certain zoning matters; WHEREAS, the Planning Commission held a duly advertised public hearing on June 8, 2015, to consider this amendment; and WHEREAS. Citv Council held a duly advertised public hearing on June t5, 2015, to consider this amendment. NOW, THEREFORE BE f f ORDAINED by the Council of the City of Roanoke as follows: I. the Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as of that date, as amended, shall be amended to reflect the addition of the following new fees: Legal advertising fee for a zoning amendment application $550 Legal advertising fee for a special exception application amendment $250 Legal advertising fee for a variance application $250 Legal advertising fee for an appeal to the Board of Zoning Appeals $250 2. Resolution No. 32412- 032795 is hereby amended to the extent and only to the extent of anv inconsistency with this Ordinance. 3. The ties established b� this Ordinance will become effective July 1. 2015, and shall remain in effect until amended be this Council. 4. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. O -Amend 1 n ( om1Cndnim lad fas) d,, 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. A copy of the applications, the proposed ordinance to amend the zoning ordinance, the proposed ordinance to amend the Fee Compendium, and the proposed amendment to Vision 2001 -2020, the City's Comprehensive Plan, are available for review in the Department of Planning, Building, and Development, Room 166, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, and in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 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 the Department of Planning, Building and Development at (540) 853- 1730 at least five days prior to the scheduled hearing. The City of Roanoke Planning Commission will hold public hearings on June 8, 2015, at 1:30 p.m., or as soon as the matters may be heard, to consider these matters and applications: Amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, as set forth below: 1. Sec. 36.2 -311, Use table for residential districts, to delete applicability of regulations relating to spacing, maximum occupancy, and open space for Group care facilities; change Group care facility, congregate home, elderly, and Group care facility, nursing hone, from permitted uses to special exception uses in the Residential Multifamily District; delete Home occupation, personal service, as a permitted use in certain residential districts; add homestay as a new special exception use in all residential districts; and add regulations prohibiting exterior changes, limiting the number of guests and lengths of stays, and requiring the owner or leaseholder to occupy a dwelling unit during any guest stay at a homestay; 2. Sec. 36.2 -312, Dimensional regulations for residential districts, clarifying how certain maximum lot frontages are determined for a comer lot; 3. Sec. 36.2 -315, Use table for multiple purpose districts, to add Campground as a special exception use in the Commercial- General, Commercial -Large Site, Recreation and Open Space, and Urban Flex Districts; to delete applicability of regulations relating to spacing, maximum occupancy, aid open space for Group care facilities; to add Place of worship as a permitted use in the Urban Flex District; to add Homestay as a special exception use in the Mixed Use District and as a permitted use in the Commercial- Neighborhood, Commercial - General, Commercial - Large Site, Downtown, and Urban Flex Districts; and to add regulations prohibiting exterior changes, limiting the number of guests and lengths of stays, and requiring the owner or leaseholder to occupy a dwelling unit during any guest stay at a homestay; 4. Sec. 36.2 -316, Dimensional regulations for multiple nurnose districts, to increase the maximum lot area from 2 acres to 3 acres in the Urban Flex District; to increase the maximum height in the Recreation and Open Space District from 35 feet to 60 feet in certain circumstances; to increase the maximum impervious surface area allowed in the Recreation and Open Space District from 15% to 80 %; to clarify how certain maximum lot frontages are determined for lots with two frontages; and to make certain regulations pertaining to the location, height and aiming cutoff angles of certain outdoor lighting exempt from maximum height regulation for a district but subject to the granting by special exception by the board of zoning appeals under certain circumstances; 5. Sec. 36.2 -322, Use table for industrial districts, to add Amphitheater, Entertainment establishments, Parks or playgrounds, Recreation, outdoor, and Outdoor recreation facility lighting or sports stadium lighting as permitted uses in certain industrial districts; 6. Sec. 36.2 -326, Procedural requirements for planned unit development districts, to specify that a PUD plan shall be established or amended in accordance with Sections 36.2 -540, Zoning Amendments, and 36.2 -541, Conditional Rezonings; 7. Sec. 36.2 -327, Use table for planned unit development districts, to add Campground as a permitted use in certain planned unit development districts; and to delete applicability of regulations relating to spacing, maximum occupancy, and open space for Group care facilities; 8. Sec. 36.2 -405, Bed and breakfast, to rename the section; to add regulations relating to homestays and prohibiting exterior changes, limiting the number of guests acid lengths of stays, and requiring the owner or leaseholder to occupy a dwelling unit during guest stays at a homestay; and to combine such regulations pertaining to homestays with regulations pertaining to Bed and breakfast uses; 9. Sec. 36.2 -412, Groun care facilities, to delete regulations relating to spacing, maximum occupancy, and open space for Group care facilities; 10. Sec, 36.2 -418, Motor vehicle or trailer painting and body repair, to correct a typographical error; 11. Sec. 36.2 -429, Temporary uses, to permit camping in conjunction with public events on property within 1,000 feet of the public event for the duration of a public event; 12. Sec. 36.2 -540, Zoning amendments, advising that fees for notices of public hearing shall be set forth in the Fee Compendium of the City; and establishing that failure to post public notification of certain actions by the zoning administrator as a courtesy to the public would not constitute cause to cancel or reschedule any public hearing or challenge any decision or recommendation upon appeal; 13. Sec. 36.2 -560, Special exceptions, advising that fees for notices of public hearing shall be set forth in the Fee Compendium of the City; and establishing that failure to post public notification of certain actions by the zoning administrator as a courtesy to the public would not constitute cause to cancel or reschedule any public hearing or challenge any decision or recommendation upon appeal; 14. Sec. 36.2 -561, Variances, advising that fees for notices of public hearing shall be set forth in the Fee Compendium of the City; and amending standards, conditions and guarantees, and conforming status regulations to be consistent with Code of Virginia amendments that become effective on July 1, 2015, to allow under certain circumstances the granting of a variance if the terms of a zoning ordinance would unreasonably restrict the use of property or would cause a hardship due to certain conditions, notwithstanding any other provisions of law, general or special; 15. Sec. 36.2 -562, Appeals to board of zoning appeals, advising that fees for notices of public hearing shall be set forth in the Fee Compendium of the City; 16. Sec. 36.2 -563, Anneals from board of zoning appeals, to set forth amount of evidence needed by an appealing party during any appeal in circuit court, to set forth the standard of review for a circuit court, and other procedural matters required by Code of Virginia amendments that became effective on July 1, 2015; 17. Sec. 36.2 -571, Zoning violations, adding a provision that notice of a zoning violation may be given to the owner of the subject property; 18. Sec. 36.2 -644, Overall tree canopy requirements, to provide an exemption from landscaping requirements for certain types of projects; 19. Sec. 36.2 -645, Street yard trees, to delete the section and to designate the section as Reserved; 20. Table 652 -2, Required Parking Spaces, to delete the maximum parking requirement for Community gardens; 21. Sec. 36.2 -653, Maximum narking, to increase the percentage by which maximum, parking may be exceeded with a special exception from 175% to 200 %; 22. Sec. 36.2 -654, Parking acid loading area standards, to delete a prohibition against parking spaces being located between the right -of -way and a principal building in the Neighborhood Design Overlay District; 23. Table 654 -1, Parking and Loading Area Standards, amending regulations as they apply to residential developments of four or fewer units to provide for exceptions to maximum front yard coverage, maximum cumulative driveway width, maximum individual driveway width, and to reduce minimum driveway width to seven (7) feet; 24. Table 668 -1, Type Number, and Size of On- Premises Sims, to allow one freestanding sign for the first 200 feet of lot frontage then one additional sign for each additional 200 feet of lot frontage in the Commercial -Large Site District; 25, Sec. 36.2 -669, Changeable cony signs and electronic readerboard signs, to establish a maximum size of signs in the CN, D, and IN districts of 25 square feet; 26. Sec. 36.2 -675, Outdoor advertising signs, allowing certain outdoor advertising signs to be authorized by the Virginia Department of Transportation; 27. Sec. 36.2 -834, Ouorum and vote, to amend rules for the board of zoning appeals to require the board to offer equal time to parties and the staff of the City of Roanoke; 28. Sec. 36.2 -836, Rules and records, to allow ex parte communications with members of the board of zoning appeals under certain circumstances and to require the dissemination of materials to certain interested parties within a certain period of time; 29. Sec. 36.2 -837, Powers and duties, to specify how an appeal of a zoning administrator determination is to be considered; and to specify that the burden of proof is on the appellant to show justification for a variance; 30. Sec. 36.2 -841, Powers and duties, to allow the zoning administrator to grant a modification under a condition that the strict application of the zoning ordinance would unreasonably restrict the use of the property; 31. Appendix A, Definitions, to add definitions for Campground and Homestay; to amend the definition of Group home to include a residential facility in which no more than eight (8) persons L who are recovering from addiction to alcohol or drugs may reside, but such persons are not currently using or addicted to alcohol or drugs; and to amend the definition of a Variance; and 32. Appendix B, Submittal requirements, B -1, Basic Development Plan , allowing specific information on tree canopy to be substituted with appropriate statements on the development plan. The ordinance adopting the zoning amendments described above shall have an effective date of July 1, 2015. A request by the City of Roanoke to rezone property located at 210 Reserve Avenue, S.W., bearing Official Tax Number 1040202, from INPUD, Institutional Planned Unit Development District, to ROS, Recreation and Open Space District. The proposed use is athletic fields. The land use categories permitted in the ROS District include commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory with no maximum floor area ratio listed. The comprehensive plan designates the property for Recreational /Institutional use. A request by the City of Roanoke to consider an amendment to 1'ision 2001 -2020, the City's comprehensive plan, to establish an urban development area within the entire City of Roanoke. A request by the City of Roanoke to consider an ordinance amending the Fee Compendium of the City to establish new fees for legal advertisements for zoning amendments, special exceptions, variances, and appeals to the board of zoning appeals, such new fees having an effective date of July 1, 2015. Tina M. Can, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid matters and applications on June 15, 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 June 10, 2015, at 1:00 p,m., or as soon as the matter may be heard, to consider these applications: Application filed by Roselawn Realty Investment, LLC, for portions of property located at 4218 Welcome Valley Road, S.E., bearing Official Tax Nos. 5370101, 5370102, 5370103, and 5390201, for a special exception pursuant to Section 36.2 -322, Zoning, Code of the City of Roanoke (1979), as amended, to permit an asphalt plant. r Application filed by Rockydale Quarries Corporation for property located at 4754 Old Rocky Mount Road, S.W., bearing Official Tax Nos. 5370105 and 5370106, for a special exception pursuant to Section 36.2 -322, Zoning Code of the City of Roanoke (1979), as amended, to permit a quarry. Application filed by Shawn D. Law for property located at 315 24" Street, N.W., bearing Official Tax No. 2310101 for a special exception pursuant to Section 36.2 -707, Zoning, Code of the City of Roanoke (1979), as amended, to replace one non- conforming use (place of worship) with another (community market). Tina M. Carr, Secretary, City Board of Zoning Appeals Please publish in newspaper on Tuesday, May 26, 2015, and Tuesday, June 2, 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.ca @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 CITY OF ROANOKE - POV Ann Tina M. Cart STEPHANIE M. MOON REYNOLDS - MMC, CITY CLERK 215 CHURCH AVE, SW, SUITE 456 NOEL C. TAYLOR MUNICIPAL BUILDING ROANOKE, VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication RECEIVED JUL 2 2 2015 CITY OF ROANOKE PUNNING RUILDWG a DEVELOPMENT Account Number 6011439 Date July 07, 2015 Date Category Description Ad Size Total Cost 071072015 Legal Notices PUBLIC HEARING - Planning Cammission i x 157 L 1,501.64 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 - Planning was published in said newspapers on the following dates: 06130, 07107!2015 The First insertion being given ... 0613012015 Newspaper reference: 0000135415 c I Blling Representative Sworn to and subscribed before me this Tuesday, July 7, 2015 U rvomry r�ml �`' Y'..... '* Y <, State of Virginia NOTA P y '•., F�: 9 � /` ; PUBLIC '• i1 City/County of Roanoke = * ? REG. N332964 My Commission expires�.3� MY�CxOeM�iMaIe555�1oN OF I Nib IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE Any person with a disability requiring any Sherrill accommodation to attend Or patinpate In Me hearings should contact Pleading, Buibin, aM Oevebpinent at (NO) 853-1730 at least bye days yr10r t0 the sChodulel health. The n7 of Rmnohe Manning C.mmaYan .11 hold public hearings On Job 13, 01"t 130 p.m, or as soon as the matters may be heard, to consider Mean appll<ataone and request,'. Appholidn by Virginia Lutheran Homes, roc., ro amend conditions proffered a part of a nothing at 3804 Bandon Avenue. S.W., belong OHlclal tax Map Number 5180304, previously 2010, bydthe addabon of Ordnance. No, 38704011910 ale application Is to amend conditions by repaclrg the previously adopted development plan entitled "Mamike Oaks." dated July 20, 2009, amended October 29. 2003, subject to "edam chlral. and the he" ""'Win"' "Mom ..." e casfi ions: msldentlal , accOmmodali0n5 w group living'. commercial, unity uses . structures: animal and aild,of imal .:ani accts so,: ,ith it maMIRNm denry al one dwelon, unit per 1,000 s.l. obloe area and he maximum noon a ratio. The cOmprehenslve plan designates Md property for reelwentlal multitamlly. A upstart by the City of Roanoke to conalder an ordinance amending the Fce Compermlum f the Cary to smbbsh the wMaMirp new fees for legal adyaduarrents for hobo, amendments, Wetlal hiscephrop, valances. so spied, l0 the board of Ohap ap,lab, such new fees based uW authority granted to the City of Roanoke by Section 15.2-2286 of the Code at Virg,n,O(1950), as amenwed: Legal advarbsln6 fee for a x.mr, amendmenlap0lication $580 Legal adverdtin, fee for a special exceed.. appllraloan amendmentSI Legal ddvemmnq fee for a variant, application 5250 Legal adverting fee for an appeal to the Board d Zoning Appeals $250 Tana M. Care Secretory, Clty FaMmg Commassi.n Ciry Council will had publlc hearings ren the aforesaid dppr.,,ns and quests on J0, 20, 2015. at 7'.00 p, m., on as the made.. may be Or earty. s Stephanie A1, Moon Reynolds, MMC, City Clem (185415) 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. Copies of all proposed ordinances, including the ordinance to amend the Fee Compendium, together with information concerning the documentation for the new proposed fees, are available for review in the Department of Planning, Building and Development, Room 166, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, and in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 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 July 13, 2015, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications and requests: Application by Southeastern Site Acquisitions, LLC, to rezone property located at 0 Daleton Road, N.E., bearing Official Tax Map Number 7130116, 2512 Daleton Road, N.E., bearing Official Tax Map Number 7130102, 0 Orange Avenue, N.E., bearing Official Tax Map Number 7130103, from CLS, Commercial -Large Site District, and 2548 Orange Avenue, N.E., bearing Official Tax Map Number 7130101, from CG, Commercial - General District, to MXPUD, Mixed Use Planned Unit Development District, with conditions. The proposed uses are multifamily dwelling and community center. The land use categories permitted in the MXPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory. The comprehensive plan designates the property for Mixed Residential and General Commercial, but does not specify density. Application by Virginia Lutheran Homes, Inc., to amend conditions proffered as part of a rezoning at 3804 Brandon Avenue, S.W., bearing Official Tax Map Number 5180304, previously accepted by City Council on January 19, 2010, by the adoption of Ordinance No. 38709 - 011910. The application is to amend conditions by replacing the previously adopted development plan entitled `Brandon Oaks," dated July 28, 2009, amended October 29, 2009, subject to certain changes, and the previously adopted landscape plan entitled "Planting Plan Prepared for Brandon Oaks," dated November 18, 2009, and associated proffers, with a development plan entitled `Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," dated May 26, 2015, subject to certain changes, and a landscape plan entitled "Landscape Plan for Brandon Oaks `The Pines'," dated May 26, 2015. The zoning of the property will remain Residential Multifamily (RMF), permitting these land use categories without proffered conditions: residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 1,000 s.f, of lot area and no maximum floor area ratio. The comprehensive plan designates the property for residential multifamily. A request by the City of Roanoke to amend Vision 2020, the City's comprehensive plan, by vacating and releasing the public's right to use an approximately 0.556 acre portion of Brown - Robertson Park to create right -of -way for the realignment of 10th Street, N.W., such real property located at 0 10th Street, N. W, bearing Official Tax Map Numbers 2050307 and 2050402, and by dedicating an approximately 0.220 acre of property across 10th Street to become part of Brown - Robertson Park for use as a trailhcad parking area. A request by the City of Roomoke to consider an ordinance amending the Fee Compendium of the City to establish the following new fees for legal advertisements for zoning amendments, special exceptions, variances, and appeals to the board of zoning appeals, such new fees based upon authority granted to the City of Roanoke by Section 15.2 -2286 of the Code of Virginia (1950), as amended: Legal advertising fee for a zoning amendment application $550 Legal advertising fee for a special exception application amendment $250 Legal advertising fee for a variance application $250 Legal advertising fee for an appeal to the Board of Zoning Appeals $250 Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications and requests on July 20, 2015, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on Tuesday, June 30, 2015, and Tuesday, July 7, 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- @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 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 '1elepLnne: (540)853 -2541 W,x: (540)X53 -1145 S 1,1'1 IAN I E M. MOON REYNOLDS, MM(. L ?mnil: clerW,Proanokcvn.gav CECELIA "1'. WG,BB, CM(' City Clerk AcdnC Deputy City Cle,'k July 21, 2015 Estate of Terry McGeorge Paula R. Vineyard 1535 Fresno Street, N. W. Cynthia D. Vineyard Brown Roanoke, Virginia 24017 1541 Fresno Street, N. W. Roanoke, Virginia 24017 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40306 - 072015 authorizing the acquisition of permanent drainage easements and a temporary construction casement on, over, and across certain parcels of real property, all in connection with the Fresno Street /Aspen Street Drainage Improvements Project; authorizing the acquisition of such easements by negotiation; authorizing the condemnation and exercise of the City's quick -take powers to acquire such permanent drainage easements and a temporary construction easement with respect to certain parcels of real property pursuant to Section 15.2 -1904 and Sections 25.1 -300, et. seq., Code of Virginia ( 1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements required by the City for certain improvements to the City's infrastructure with respect to the Fresno Street/Aspen Street Drainage Improvements Project, as provided in this ordinance by negotiation, or by condemnation and exercise of the quick -take powers. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2015; and is in full force and effect upon its passage. Sincerely, � -� Stephanie M. M%.nnol , MMC City Clerk Enclosure Estate of Terry McGeorge Paula R. Vineyard Cynthia D. Vineyard Brown July 21, 2015 Page 2 PC: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Robert K. Bengtson, Director of Public Works Phillip C. Schirmer, City Engineer Dwayne R. D'Ardenne, Stormwater Manager M IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2015. No. 40306 - 072015. AN ORDINANCE awho2izing the acquisition of permanent drainage casements and o temporary cmnslonelion easement on, over, and across certain parcels of real property, all in connection with the Fresno Street /Aspen Street Drainage Improvements Project; authorizing the acquisition of such easements by negotiation; authorizing the condemnation and exercise of the City's quick -take powers to acquire such permanent drainage easements and a temporary construction easement with respect to certain parcels of teal property pursuant to Section 15.2 -1904 and Sections 25.1 -300, et. seq., Code of Virginia (1950) as amended, authorizing the proper City officials to take appropriate action fm- the acquisition of such easements required by the City for certain improvements to the City's infrastmcture with respect to the Fresno Street /Aspen Street Drainage Improvements Project, as provided in this ordinance by negotiation, or by condemnation and exercise of the quick -take powers; and dispensing with the second reading of this ordinance by title. WHEREAS, by Ordinance No. 39900 - 040714, adopted April 7, 2014, City Council authorized the City to acquire by negotiation from private real property owners, certain storm drainage easements, temporary construction easements, other easements, rights of ingress and egress, and other real property interests required by the City in connection with the Fresno Street/Aspen Street Drainage Improvements Project (the "Project"), WHEREAS, the purpose of the Project is to reduce flooding and the accumulation of standing water on private and public properties, 0.AUlhorize condemnation proceed -111 Fremo A,,,u nininege Project ]da -IS 1 WHEREAS, the City has successfully negotiated the acquisition of the necessary easements and other properly interests from most of the arculed real property owners in connection with the Project, WHEREAS, the City has been unsuccesSlul in negotiating agreements to acquire the necessary easements Goer the following owners of certain parcels of real properly, situated in Roanoke, Virginia: —___ ..c urrcu Estate of Teny McGeorge 1535 Fresno Street, N W 923 square foot permanent TM No. 2460285 storm drainage easement, and 723 square foot temporary construction easement Paula R. Vineyard 1541 Fresco Street, NW 1,522 scare foot Cynthia D. Vineyard Brown TM No. 2460284 q permanent _ _ storm drainage easement The real property interests required by the City are more particularly identified and described in the City Council Agenda Report dated July 20, 2015 ( "Report'); WHEREAS, the City entered into bona fide, good faith negotiations with the Estate of Terry McGeorge and offered the sum of $851.30 as just compensation for the permanent drainage easement and temporary construction easement, and the City was unable to acquire such easements from the Estate of Terry McGeorge, all as more specifically set forth in the Report; WHEREAS, the City entered into bona fide, good faith negotiations with Paula R. Vineyard and Cynthia D. Vineyard Brown and offered the sum of $1,061.65 as just compensation for the permanent drainage easement, and the City was unable to acquire the permanent drainage easement from Paula R. Vineyard and Cynthia D. Vineyard Brown, all as more specifically set forth in the Report; 0- Amhanze condeummion pincecdings- Fresno Aspen Dreinagu Project. 730 -IS 2 WHEREAS, the Project is critically important for the City's infrastructure, and it is essential that the Cily acquire all easements, rights -of -way and other teal property interests required for the Project befin e the City can continence work on the Project; WHEREAS, the fair value of the required area of the property owned by the Estate of Terry McGeorge, together with damages, if any, to the remainder of such property is $851.30, based on the 2014 assessed value of the property; WHEREAS, the fair value of the required area of (he property owned by Paula R. Vineyard and Cynthia D. Vineyard Brown, together with damages, if any, to the remainder of such property is $1,061.65 , based on the 2014 assessed value of the property; WHEREAS, the Project is in the public interest and, pursuant to Section 2 of the City Charter, the City is specifically authorized to acquire interests in real property by condemnation as set forth in Chapter 19, Section 15.2 -1900 et. seq., Code of Virginia (1950) as amended; WHEREAS, a public hearing For July 20, 2015, has been duly advertised for City Council to consider this matter in accordance with the requirements of Section 15.2 -1903, Code of Virginia (1950) as amended; and WHEREAS, City Council held the public hearing oil July 20, 2015, to determine the necessity for the condemnation and the use of tre City's quick -take powers in accordance with Section 15.2 -1903, Code of Virginia (1950), as amended, at which public hearing all persons and interested parties were provided an opportunity to express their position on this matter. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I. Council finds and determines that the Project constitutes a public use within the meaning of Section 1- 219.1, Code of Virginia (1950) as amended, as the purpose of the Project is to construct infrastructure improvements to improve and alleviate drainage issues on public and private property, and that such improvements are in the public interest of the citizens of the City in that the O- Awhonze eondannalinn proceedings Fiwsna Aryon Diainuge Pmj t] -20 -1S 3 Project involve the acquisition of casements and other ]),()petty interests ka chsinage facilities, as set Rath in Scction 152 -1904, Codc of Virginia (1950), as antondcd. 2 Council finds and determines the City requires certain drainage casements, as more specifically set forth in the Report and attachments thereto, and Council authorizes the proper City officials to acquire for the City the following property interests from the following property owners (all as mole specifically described in the Report) by continued negotiation: Property Owner _ _ Address and Official Tax Mao No. Property Interests Re aired Estate of Terry McGeorge 1535 Fresno Street, NW are foot permanent TM No. 2460285 ainage easement, and L723 are foot. temporary Paula R. Vineyard 1541 Fresno Street, NW ion easement uare foot Cynthia D. Vineyard Brown TM No. 2460284 permanent inage easement The City Manager is authorized to pay such consideration as he deems appropriate. 3, Upon acceptance of the City's offer, and delivery by such owners to the City of the casements needed for the Project, approved as to form by the City Attorney, the Director of Finance is directed to pay the agreed upon consideration to the owners of the property for such easements conveyed to the City, certified by the City Attorney to be entitled to the same. 4. Council hereby finds that a public necessity and public propose exists for the condemnation of such property interests stated in this Ordinance and the Report, and Council declares its intent to exercise its quick -take powers to acquire by condemnation the property interests described in this Ordinance and the Report, and, if in the event that continued negotiations with Estate of Terry McGeorge, and /or Paula R. Vineyard and Cynthia D. Vineyard Brown remain ineffectual, the City Attorney is authorized and directed to institute condemnation proceedings, including the exercise of the City's "quick take" powers of eminent domain in accordance with Section 15.2 -1904, and Section 25.1 -300 et. seq., Code of Virginia (1950), as amended, and to enter 0- Atnharizc condery auoa ptoccedmgs -nesno Aspen Drniaage Project, 7-20 -1 S 4 upon such real property Lind immediately acquire such properly interests set forth in this Ordinance and more specifically set fill, in the plats attached to the Report, prior to filing condemnation proceedings in the Circuit Court of the City of Roanoke, Virginia, in order fm- the City to commence construction of the Project 5. The casements and other property interests acquired by the City pursuant to this Ordinance shall be used fur the pmposc of constructing and installing, and storm drain facilities adjacent, and other infmstrucmre improvements needed for the Projects. 6. COUncil finds and determines that the amount ofjust compensation due to the Estate of Terry McGeorge for the permanent drainage easement and temporary construction easement, including damages, it' any, to the remainder of its property, is $851.30, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher. Council finds and determines that the amount fjust compensation due to Paula R. Vineyard and Cynthia D. Vineyard Brown for the permanent drainage easement, including damages, if any for the remainder of their property, is $ 1,061.65, or such amount to be determined by a third patty appraisal of the easement, and damages, if any, done to the residue, that is provided to the City by. appraiser retained by the City, if the amount of the appraisal is higher 7. The appropriate City officials, including the Director of Finance, City Manager or City Attorney, are hereby severally authorized to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $851.30, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher, which amount represents the just compensation clue to the Estate of Teny McGeorge for the City's acquisition of such easements in its property, or to sign and file a Certificate of Deposit in lieu of such Certificate of Take, before entering and taking possession of the easements related to the real 0- Anthoiim cundemnudr,n pT62¢dlnss{rPJlia Aspen D.,,,n,, Pmiam. 7 -20-15 5 Property owned by the Estate of Terry McGeorge as described in this Ordinance in connection with the "quick take" condemnation process of such easement, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended, or otherwise as provide(] by law; and (b) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit lire amount of $1,061.65, or such amount to be determined by a third party appraisal of the easement, and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher, which amount represents the just compensation due to Paula R. Vineyard and Cynthia D. Vineyard Brown for the City's acquisition of such easement in their property, or to sign and file a Certificate of Deposit in lieu of such Certificate of Take, before entering and taking possession of the easement related to the real property owned by Paula R. Vineyard and Cynthia D. Vineyard Brown as described in this Ordinance in connection with the "quick take" condemnation process of such easement, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended, or otherwise as provided by law. 8. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance is hereby dispensed with by title. ATTEST: City Clerk. 0 -A 11 condemnation 11 111N1-11- Aepn DmMn 11 P111e1t. 7 40.15 6 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2015 Subject: Authorization for Acquisition of Various Easements by "Quick Take" Eminent Domain for the Fresno Street -Aspen Street Stormwater Drainage Improvements Project Background: The Fresno Street -Aspen Street Stormwater Drainage Improvements Project ( "Project ") is a proposed City project for the purpose of making stormwater drainage infrastructure improvements in the neighborhood along the Fresno Street - Aspen Street corridor to alleviate stormwater runoff. This neighborhood suffers from inadequate drainage evidenced by standing water on road pavement and private property, which may contribute to flooding of private properties. Constructing the proposed storm drain system along this corridor would correct known drainage problems in this neighborhood. The estimated Project cost is $700,000. Pursuant to Ordinance No. 39900 - 040714, adopted by City Council on the 7" day of April, 2014, City Council authorized City staff to acquire the necessary property interests needed for the Project from private property owners at fair market value, using bona fide, and good faith efforts at negotiation. These property interests consisted of permanent drainage easements and temporary construction easements. While City staff acquired the necessary real property interests from 10 of the affected property owners, City staff was unable to acquire certain easements needed for the Project from the property owners shown below, despite making reasonable, bona fide efforts to acquire the property at reasonable and just compensation. Property Owner Address Official Tax Map No. Real Property Interest Needed Estate of Terry 1 535 Fresno St. 2460285 20 ft. public McGeorge drainage easement' containing 923 sq. ft. and a 10 ft. temporary construction easement containing 739 sq. ft. Paula R. Vineyard 1541 Fresno St. 2460284 20 ft. storm drain and Cynthia D. easement Vineyard Brown containing 1,522 The proposed easements to be acquired from the Estate of Terry McGeorge and Paula R. Vineyard and Cynthia D. Vineyard Brown are more particularly shown on the plats attached to this report. City staff estimated the fair value of the easements and the damages to the residue of the remainder of the Estate of Terry McGeorge's property to be $851.30. This amount was based on the assessed value of the parcel, Tax Map No. 2460285, and was initially offered to the owner as just compensation for the acquisition of the easements. An appraisal of the easements is also being obtained by an independent third party appraiser. The City will make another attempt to negotiate the acquisition of these easements from the Estate of Terry McGeorge, and will offer his estate the amount of $851.30 or the appraisal amount, whichever amount is higher, as their just compensation for the easements, and any damages to the residue of the property. City staff estimated the fair value of the easements and the damages to the residue of the remainder of Paula R. Vineyard and Cynthia D. Vineyard Brown property to be $1,061.65. This amount was based on the assessed value of the parcel, Tax Map No. 2460284, and was initially offered to the owners as just compensation for the acquisition of the easement. An appraisal of the easement is also being obtained by an independent third party appraiser. The City will make another attempt to negotiate the acquisition of the easement from Paula R. Vineyard and Cynthia D. Vineyard Brown, and will offer such owners the amount of $1,061.65, or the appraisal amount, whichever amount is higher, as their just compensation for the easement and any damages to the residue of the property. Considerations: Terry McGeorge passed away before the City could complete negotiations to acquire the necessary easements across his property. His sole heir and owner of the property by operation of law is his daughter, Ms. Terrnisha M. James. In order for Ms. James to convey the easements to the City, she would need to complete and sign a Real Estate Affidavit under oath, stating that she is the sole heir of Terry McGeorge and owner of the property, and record such affidavit in the Circuit Court. Ms. James informed City staff that while she had no objections to the City's offer, she does not want to have any interest in the property, or be responsible for the real estate taxes assessed against the property. For those reasons, Ms. James declined to sign the paperwork presented to her by the City for the conveyance of the easements, and the City has not been able to acquire the easements. Moreover, the property is encumbered by a deed of trust held by a bank, for which foreclosure proceedings may be imminent, which further impacts title to the property. With respect to the property owned by Paula R. Vineyard and Cynthia D. Vineyard Brown, City staff has mailed offer letters and spoken with the owners on numerous occasions. The owners have not signed the paperwork presented to them by City staff for the easements to be conveyed to the City, despite repeated contacts by City staff. All properties in the area, including the McGeorge parcel and Paula R. Vineyard and Cynthia D. Vineyard Brown's parcel, will benefit from completion of the Project. In order to commence and complete the Project, it is necessary for the City to acquire the real property interests described above from the owners, the Estate of Terry McGeorge and Paula R. Vineyard and Cynthia D. Vineyard Brown. Recommended Actions: City Council adopt the ordinance attached to this Report to make and authorize the following actions in order for the easements identified above to be acquired from the Estate of Terry McGeorge and Paula R. Vineyard and Cynthia D. Vineyard Brown: (1) Declare that the Project constitutes a public use within the meaning of Section 1 -219.1 of the Code of Virginia (1950) as amended, and that the easements and fee simple interest identified above are necessary for the Project. (2)Authorize City staff to attempt to acquire the easements identified above from the Estate of Terry McGeorge by negotiation, and offer the Estate of Terry McGeorge the amount of $851.30, or the forthcoming appraisal amount, whichever amount is greater, as the Estate of Terry McGeorge's just compensation for conveyance of the easements to the City, and damages to the residue of the property. (3) Authorize City staff to attempt to acquire the easements identified above from Paula R. Vineyard and Cynthia D. Vineyard Brown by negotiation, and offer Paula R. Vineyard and Cynthia D. Vineyard Brown the amount of $1,061.65, or the forthcoming appraisal amount, whichever amount is greater, as Paula R. Vineyard and Cynthia D. Vineyard Brown's just compensation for conveyance of the easements to the City, and damages to the residue of the property. (4) If such attempts at negotiation with the Estate of Terry McGeorge and Paula R. Vineyard and Cynthia D. Vineyard Brown are unsuccessful, authorize City staff to initiate "quick take" eminent domain proceedings in accordance with Section 15.2-1904, and Section 25.1 -300 et. seq., Code of Virginia (1950), as amended, and other applicable law, and to enter upon Roanoke Official Tax Map No. 2460285 and Tax Map No. 2460284 to acquire such easements needed for the Project, and commence work on the Project. (5) Authorize the appropriate City officials, including the Director of Finance, City Manager or City Attorney, to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $851.30, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City if the amount of the appraisal is higher, which amount represents the just compensation due to the Estate of Terry McGeorge; or (b) sign and file a Certificate of Deposit in lieu of such Certificate of Take, in the Circuit Court of the City of Roanoke, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended. (6) Authorize the appropriate City officials, including the Director of Finance, City Manager or City Attorney, to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $1,061.65, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City if the amount of the appraisal is higher, which amount represents the just compensation due to Paula R. Vineyard and Cynthia D. Vineyard Brown; or (b) sign and file a Certificate of Deposit in lieu of such Certificate of Take, in the Circuit Court of the City of Roanoke, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended. Christopll City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E., L.S., City Engineer David L. Collins, Assistant City Attorney Dwayne R. D'Ardenne, Stormwater Manager ' FRESNO ST., NW (R/w vAmEs) 6 R`T I � I I 011ie C JwJ o I I I ��X I a m I S I j I I I I a �3 PLSItEN20' CE o i]� NOiE3 I � I rt -- TAX /2460284 PROPERTY OF p PAULA P. VINEYARD g INSTRUMENT /06000005 �IAT D &PART OF iAl" E L F A L NALTON MAP D.H. 874, PG. 259 D.B. 1165, PG. 502 TAX 246 1 PR Fr OF LtNWAaO Tww A'. NSOXp T JIOOOII651 PMT OF LOT E - A L WALM NAP O.B. 874, PO 159 08, 1163. K. SO Q TAN 1216011Z E. PR TY CF LL W R. SiEWOfr LNflR r A]]m[44166 LOT 1, ROOK 1 - Wi Aff AWITLOH DR Am PDm TAX 1200161 PR TY O" RALPR 0. WADE D.B I31R M 661 PMT OF LOT F - A L MM MAP 0.6 874. K. 2W 0.6. 1163 PG 501 i. 06 M013Htt n NOT COCA LEO RINW A Sreuu rtuw(4M1Tl AMA as MSGVA LEO BY fEyA TMS ORM6Y S BASEII ON MWSIYCBm OF Rf LEGEND FLOOD NRRANLL RATE yM AW HAS REN F4`TD LERFED SEEYM flM M T OF WAY 11. I N'4 II iFPiEyRR 1LL 2W), ZmEO X (LNSNARDf. X EASIYID 'EB Mm F THE R r O' A L19iERT RTLE 1P MW PNI Y EAST Ei#MM84ANCL5 WAm ARECT 1M LLB. MM OOgt OT 9p M! MREOIL O.B. OEEO SOpf 4 P. MFYA�. M. F PAGE MW FffT lRIM6)LT /MOLYAR33 A OLWMTR wWItr. GRAPHIC SCALE W6 TO O TEA MW 40' PIOKA: ORANME 40' a 40 ' EA A m NOT CO'LSRm2 A 60uoABr sArk . WIYSFAL ILPROI£yEHTS IV Ori SUBECT gLOgRrr SLATE 1' - 40' AT. OFFICE OF CITY ENGINEER FRESNO STREET STORM DRAINAGE PROJECT 10' PUBIC ORABUCE EASEMENT (1,52,21F) To be amtwd to TIE CITY OF ROANOKE by PAULA P. VFWARD Gty of Rmwkg WBNID LOYSUEN ASSOCIATES, PA:. SCALE: 1" = 40 ROVED DyiHFFAS- SIIRYEVgis- RNIHpIS Nry f. ^...f 2L� 4664 —k.. lm m 2401 SW q RROr 54 W 'nn 140IB DALE: APRIL 24, 2014 LGu oL_ (540)77 _4411 I., Au un e-ie -r ']aaawL.pal.'ari m6E OF PALENENT FRESNO ST., NW (R/w vARIEs) I 190.0yy fi P.IP.I. xw e ExD Exw 1 L I III � 001•. � sran>�eR51aL I$I O TAX #2460285 F I 9 PRO ERTY OF 1 TERRY McGEORGE N sa INSTRUME T #080015173 r N r6x /1460254 LOT C — A L WALTON MAP PROPERtt a D.B. OU, PG. 269 TAY goamig ' LOTO & PART Lf LOT5 E i A L wALRAY NAP SCOUL Ci I O.B. 624, Pc 259 PRLS'mTTL gOOO9 m I Ra 1165 M. 502 iN61RIAN LO /ObOm951Y1 333 Lore _ I ALWMW OB. 974, M. 259 g ; �i� BfIE : NEw m' NEW rD' x ss 7�s welt ORAMAGE rEMAaxAxlmASTnlucrEN : st `—' 192) , n3e sF.) �isTixsV' Ww -_ 1 jr _ CWArmA%FWX - TAx /1/60226 Q o T M RTYW Su' m'W fiSm' �E T"j1460122 ti OF ILL mmitawg i (1 154 • AJAX a M4111' E M 10 H. ART M LOT r, MOX4- NIERU"MMOR ; AVE., NW 161, 1� TLv ,fiimnw 09. 612, n.. 50 50' R ' MOSS ( � D.E. 812 PC. m 1. M APSa 6 NOT LO IM MM A . ML RM HA A AS PESd/ARD BY £ENA RIS a°f.K1M 6 BASm m AN N9[CAOV OF RE RIXm N 11610 N5RAE W AMI IOU 24 2000 HxPEO. (Li pLAP LEGEND /51161601614 0AE0 SEP ll 14 N10), RT x (LN.91AlT TI Ri1V' gWHT K WAY 2 PAR PLAT WAS PREPMTB Lai00i BE BFN61r 0' A ONRfNT 011E R NO ANI Er T AN IMgiE WAY ERSI ENL}61MAIx'fS NADI ATFEOT qE RPOP.Ntt NAT ARf NOT P APLW a SxONI xLREm M.E. NAP fi001 S LIAWFNi ONMF. ESPY L AkC£OR[E O.B. D® BOOK 1FG1L REFFFRfi1LIL'L NSIRIRENT /mmI51lS PG. PACE 1. qY5 PUT 5 645FB m A CIAWPfNi T[IO AML2Y. F' SqE PI/NOY OF qR6 P1AT 15 IO l%GEAAEW 2!•PIAW.0 ORAWALE G.416x1' GRAPHIC SCALE (925 61:J Arm A AEn l0• RANNARr LTA9snarcnm EASdwr ryxP ss) Arm4O® GOES MOT ttW6gNE A 6pRm/RY SLRLEY. 4 TOP 2ARIry 1PoT ALL PH19GL xWROH]AENR m qE 5116 {Ci PgG°ERiY ARE BALL 1' - 4W sro9M a nrs Put OFFICE OF CITY ENGINEER CreepyTH OF `f ROANOKE VIRGINIA FRESNO STREET STORM DRAINAGE PROJECT TIM H 20' PLEDC DRANACE EA0119IT (923 SF,) & 10' IFJAPGPARY CONSIRUL'NLAV EASEWENT (739 S.F.) c. No. 1 To be GYmted to e THE CITY OF ROMOEE °NO 311aas�0 TERRY L bMcGEORGE CU Of Romak ' h UNISOlM ASSOCIATES, P.C. OP�N : 1" = 40' VED: ENWERS- %R4EYtli5 -PL Ml ' 4664 BruMlelon Avenue. SW MAR. 10, 201 Roari Virginia 24018 1 (540)"4 -4411 NU. 6787 CITY ENGINEER ... a.. ..,wwomnwe....pe...nnwp...aea.. Roanoke Stormw x. T it Public Hearing Project Summary July 20, 2015 Dwayne R. D'Ardenne, CGM, PWM, ENV SP Stormwater Utility Manager C 'p. 4' v Fresno -Aspen r I Queen - Courtland • #2 of 237 projects • $1.4M -Est. Project Cost • 18 Month Acquisition Process • 22 Parcels will Benefit from Project • 13 Easements Already Acquired • 2 Pending - Apx Value $5700 • 1 Redesign • 0 Ability to Proceed without 2 Pending Queen - Courtland Cove - Andrews • #15 of 237 projects • $300K - Est. Project Cost • 7 Month Acquisition Process • 4 Parcels will benefit from Project • 1 Easement Already Acquired • 1 Pending - Apx. Value $2200 • 1 Redesign • 0 Ability to Proceed without 1 Parcel '" i II Ac emy for ;Mathematics and ♦ Science Cove - Andrews Bottom Line The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE ENGINEERING 215 CHURCH AVE ROOM 350 ROANOKE, VA 24011 Account Number 6010637 Date July 96, 2015 Date Category Des ,tion Ad Size Total CoM 0710W2015 Muniupal Notices NPH Qok Take Condemnation 4x 5 O IN 2.77440 Publisher of the Roanoke Times 1, Ithe 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 NPH -Quick Take Condemnan was published in said newspapers on the following dates: 06129.07106/2015 The First insertion being given ... 06/29/2015 Newspaperreference: 0000163567 [6 1 " , Q6, Billing Represents iV Sworn to and dusubscribed before me this Monday, July 6, 2015 Notary u is McErtl , State of Virginia ?\APP' NOTARY City/County of Roanoke y` PUIBUC Z My Commission expires-1 709 * .- REG. #332964: * C MYCOMMISSION THIS IS NOT A BILL. 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Ibyrwpa, city clerk /�C, NOTICE OF PUBLIC HEARING Pursuant to the requirements of Section 15.2 -1903, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke, Virginia ( "City ") will hold public hearings at its regular meeting to be held on Monday, July 20, 2015, commencing at 7:00 p.m., or as soon thereafter as the matters may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, to consider adoption of ordinances authorizing the use of "quick take' condemnation proceedings for the acquisition of various easements across, on, and under certain privately owned real property, in connection with certain City infrastructure projects, more specifically described as follows: (A) An ordinance authorizing the acquisition of various casements by "quick take' condemnation proceedings pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq., of the Code of Virginia (1950) as amended, for the Fresno Street -Aspen Street Drainage Improvements Project, such casements to be across, on, and under the following described parcels of real property (i) located at 1535 Fresno Street, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2460285, and owned by the Estate of Terry McGeorge; and (it) located at 1541 Fresno Street, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2460284, and owned by Paula R. Vineyard and Cynthia D. Vineyard Brown; for the purpose of making stonnwater drainage infrastructure improvements in the neighborhood along the Fresno Street -Aspen Street corridor to alleviate stormwater runoff. (B) An ordinance authorizing the acquisition of various easements by "quick take" condemnation proceedings pursuant to Section 15.2 -1904 and Sections 25.1 -300 ct. seq., Code of Virginia (1950) as amended, for the Queen Avcnue-Courtland Road Drainage Improvements Project, such easements to be across, on, and under the following described parcels of real property (i) located at 3140 Courtland Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2060702, and owned by Galen Eskew; and (it) located at 0 Courtland Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2060746, and owned by Virginia Patterson; for the purpose of making stormwater drainage infrastructure improvements in the neighborhood along the Queen Avenue- Courtland Road corridor to alleviate stormwater runoff. (C) An ordinance authorizing the acquisition of various easements by "quick take" condemnation proceedings pursuant to Section 152 -1904 and Sections 25.1 -300 et. seq., Code of Virginia (1950) as amended, for the Andrews /Cove Road Drainage Improvements Project such easements to be across, on, and under a certain parcel of real property located at 1610 Cove Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2450207, and owned by Joseph C. Moorman and Mary D. Moorman, for the purpose of making stormwater drainage infrastructure improvements in the neighborhood along the Andrews /Cove Road corridor to alleviate stonnwater runoff. The public hearings shall be for the purpose of determining whether each of the projects described above constitutes a public use, and whether the use of condemnation proceedings are necessary for the acquisition of such easements across, on, and under the real property described above. Citizens shall have the opportunity to be heard and express their opinions on said matter. Additional information on the projects described above, and copies of the proposed ordinances will be available in the City Clerk's Office beginning Monday, June 29, 2015. If you are a person with a disability who needs accommodations for these hearings, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, July 16, 2015. GIVEN under my hand this_24thday of June, 2015. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish twice in The Roanoke Times, Legal Notices, as a block style ad, once on Monday, June 29, 2015, and once on Monday, July 6, 2015. Please send bill to: Phillip Schirmer, City Engineer 350 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2731 Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2541 tY� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540)R53 -2541 Fax: (540)853 -1145 SIEPI IAN I E M. MOON REVNOI,I)S, MMC E -me11: eo,k(P,rauakoa.gov CFCELIAT.WLBB,CMC City Clerk Acting UePuly Car Clerk July 21, 2015 Galen Eskew Virginia Patterson 3140 Courtland Road, N. W. 1810 Spruce Street, #122 Roanoke, Virginia 24017 Martinsville, Virginia 24112 Dear Mr. Eskew and Ms. Patterson: I am enclosing copy of Ordinance No. 40307 - 072015 authorizing the acquisition of permanent drainage easements on, over, and across certain parcels of real property, the acquisition of a temporary construction casement on, over, and across a certain parcel of real property, and the acquisition of a fee right -of -way with respect to a certain parcel of real property, all in connection with the Queen Avenue /Courtland Road Drainage Improvements Project; authorizing the acquisition of such real property interests by negotiation; authorizing the condemnation and exercise of the City's quick - take powers to acquire permanent drainage easements, a temporary construction easement, and a fee right -of -way, with respect to certain parcels of real property pursuant to Section 15.2 -1904 and Sections 25.1 -300, et. seq., Code of Virginia (1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements and fee right of way required by the City for certain improvements to the City's infrastructure with respect to the Queen Avenue /Courtland Road Drainage Improvements Project, as provided in this ordinance by negotiation, or by condemnation and exercise of such quick -take powers. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2015; and is in full force and effect upon its passage. Sincerely, I r 1 Stephanie M. Moon R Holds, MC City Clerk Enclosure Galen Eskew Virginia Patterson July 21, 2015 Page 2 PC: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Robert K. Bengtson, Director of Public Works Phillip C. Schirmer, City Engineer Dwayne R. D'Ardenne, Stormwater Manager IN "Cl lli COUNCIL OE "Il IfS CI "fY OI' ROANOKF„ VIRGINIA The 20th day of Jury, 2015. No. 40307- 072015. AN ORDINANCE authorizing the acquisition of permanent drainage casements oq over, and across certain parcels of real Property, the acquisition of a temporary construction easement on, over, and across a certain parcel of real property, and the acquisition of a fee right -of -way with respect to a certain parcel of real property, all in connection with the Queen Avenue /Courtland Road Drainage Improvements Project; authorizing the acquisition of such real property interests by negotiation; authorizing the condemnation and exercise of the City's quick - take powers to acquire permanent drainage casements, a temporary construction easement, and a fee right -of -way, with respect to certain parcels of real property pursuant to Section 15.2 -1904 and Sections 25.1 -300, et. seq., Code of Virginia (1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements and fee right of way required by the City for certain improvements to the City's infrastructure with respect to the Queen Avenue /Courtland Road Drainage Improvements Project, as provided in this ordinance by negotiation, or by condemnation and exercise of such quick -take powers; and dispensing with the second reading of this ordinance by title. WHEREAS, by Ordinance No. 39805 - 111813, adopted November 18, 2013, City Council authorized the City to acquire by negotiation from private real property owners, certain storm drainage easements, temporary construction easements, other easements, rights of ingress and egress, and other real property interests required by the City in connection with the Queen Avenue /Courtland Road Drainage Improvements Project (the "Project "); O AA,mS,, condenmaHon proceedings Queen- Cnwilana Dml ^ngc Pmicct 7 -20 -15 WHEREAS, the purpose of the Project is to reduce flooding and the accumulation of standing water on private and public properties, WHEREAS, the City has successfully negotiated the acquisition of the necessary casements and other property interests from most of the affected real property owners in connection with the Project, WHEREAS, the City has been unsuccessful in negotiating agreements to acquire the necessary easements and right -of -way from the following owners of certain parcels of real Property, situated in Roanoke, Virginia: Property Owner Address and Official Tax Mau Galen Eskew 3140 Courtland Road, TM No. 2060702 Patterson 0 Courtland Road, TM No. 2060746 z4a square toot permanent stone drainage easement; and 347 square foot fee right -of- 4,019 square toot permanent stone drainage easement, and 1,557 temporary construction These properties and the real property interests required by the City are more particularly identified and described in the City Council Agenda Report dated July 20, 2015 ( "Report"); WHEREAS, the City entered into bona fide, good faith negotiations with Galen Eskew and offered the sum of $2,283.86 for the permanent drainage easement and fee right -of -way, WHEREAS, although Galen Eskew agreed to accept the City's offer for the conveyance of such easement and fee right of way, the property is encumbered by a deed of trust held by a financial institution to secure a promissory note conveyed by Galen Eskew, which institution is unwilling to release the easement and fee right of way needed by the City from the deed of trust o- Alah.,e oonaen,neuan p�o�eeet�s, p��e„ro��aT�m oro _7 -20-15 2 unless the outstanding balance of the hank's loan is paid down by approximately $21,000, which the City and Galen Eskew arc unwilling to do, all as more specifically set forth iu the Report; WHEREAS, the City enteral into bona fide, good faith negotiations with Virginia Patterson and offered the sum of $3,395.70 for the permanent drainage cascmcnt and the temporary construction easement, and the City was unable to acquire the permanent drainage easement and the temporary cmtStruchon easement from Virginia Patterson, all as more specifically set forth in the Report; WHEREAS, the Project is critically important for the City's infrastructure, and it is essential that the City acquire all casements, rights -of -way and other real property interests required for the Project before the City can commence work on the Project; WHEREAS, the fair value of required area of the property owned by Galen E ^skew, together with damages, if any, to the remainder of such property is $2,283.86, based on the 2014 assessed value of his property; WHEREAS, the fair value of the required area of the property owned by Virginia Patterson, together with damages, if airy, to the remainder of such property is $3,395.70, based on the 2014 assessed value of her property; WHEREAS, the Project is in the public interest and, pursuant to Section 2 of the City Charter, the City is specifically authorized to acquire interests in real property by condemnation as set forth in Ch,pter 19, Section 15.2 -1900 et. seq., Code of Virginia (1950) as amended; WHEREAS, a public hearing for July 20, 2015, has been duly advertised for City Council to consider this matter in accordance with the requirements of Section 15.2 -1903, Code Of Virginia (1950) as amended; and O- Amhoiize condenvmrion proceedings Queen- Counlund Drnlnuge 1`11e11 7 20 -15 3 WHEREAS, City Council held the public hewing on .July 20, 2015, to determine the necessity for the condemnatfou and the use of the City's quick -take powers in accordance with Section 15.2-1903, Code of Virginia (1950), as amended, at which public hearing all persons and interested parties were provided an opportunity to express their position on this matter. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. Council finds and determines that the Project constitutes a public use within the meaning of Section 1- 219.1, Code of Virginia (1950) as amended, as the purpose of the Project is to construct infrastructure improvements to improve and alleviate drainage issues on public and private property, and that such improvements are in the public interest of the citizens of the City in that the Projects involve the acquisition of easements for drainage facilities, as set forth in Section 15.2 -1904, Code of Virginia (1950), as amended. 2 Council finds and determines the City requires certain easements and other real property interests, as more specifically set forth in the Report and attachments thereto, and Council authorizes the proper City officials to acquire for the City the following property interests from the following property owners (all as more specifically described in the Report) by continued negotiation: 3140 Courtland Road, NW TM No. 2060702 Virginia Patterson 0 Cou rtland d Roac TM No. 2060746 0- Amimnxe condcinnaiion pmwedings Qiieeo-COUrtla I'd Dminnge Pmicce7 -20 -I S 248 square foot permanent storm drainage easement; and 347 square foot fee right -of- 4,0i9 square foot permanent storm drainage easement, and 1,557 temporary construction 4 The City Manager is authorized to pay such consideration as he deems appropriate. 3. Upon acceptance of the City's offer, and delivery by such owners to the City of the easements and other interests needed for the Project, approved as to form by the City Attorney, the Director of Finance is directed to pay the agreed upon consideration to the owners of the property for such easements and other property interests conveyed to the City, certified by the City Attorney to be entitled to the sane. 4. Council hereby finds that a public necessity and public purpose exists for the condemnation of such property interests stated in this Ordinance and the Report and Council declares its intent to exercise its quick -fake powers to acquire by condemnation the property interests described in this Ordinance and the Report, and, if in the event that continued negotiations with Galen Eskew, and /or Virginia Patterson remain ineffectual, the City Attorney is authorized and directed to institute condemnation proceedings, including the exercise of the City's "quick take" powers of eminent domain in accordance with Section 15.2 -1904, and Section 25.1 -300 et. seq., Code of Virginia (1950), as amended, and to enter upon such real Property and immediately acquire such property interests set firth in this Ordinance and more specifically set forth in the plats attached to the Report, prior to filing condemnation proceedings in the Circuit Court of the City of Roanoke, Virginia, in order for the City to commence construction of the Project. 5. The easements and other property interests acquired by the City pursuant to this Ordinance shall be used for the purpose of constructing and installing, and storm drain facilities adjacent, and other infrastructure improvements needed for the Project. 6. Council finds and determines that the amount of just compensation due to Galen Eskew for the permanent drainage easement and fee right -of -way, including damages, if any, to 0.Authodm.... anon pincecdings Quern- COUr�imid niaimige Pirojeq J80 -IS 5 the remainder of his property, is $2,283.86, or such amount to he deternined by a third party appraisal of the casemcnl and fee right -ol -way, and damages, if any, don, to the residua that is provided to the City by an appraiser retoined by the City, if the amounl of the appraisal is higher. Council finds and determines that the amount ofjust compensation due to Virginia Patterson for the permanent drainage casement and the temporary consbmetion casement, including damages, if any for the remainder of her property, is $3,395.70, or such amount to be determined by a third party appraisal of the easements, and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City if the amount of the appraisal is higher. 7. The appropriate City officials, including the Director of Finance, City Manager or City Attorney, are hereby severally authorized to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $2,283.86, or such amount to be determined by a third party appraisal of the easement and fee right -of -way and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher, which amount represents the just emmpensation due to Galen Eskew for the City's acquisition of such easement and fee right -of -way, or to sign and file a Certificate of Deposit in lieu of such Certificate of Take, before entering and taking possession of the easement and fee right -o8 way related to the real property owned by Galen Eskew as described in this Ordinance in connection with the "quick take" condemnation process of such easement and fee right -of- -way, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended, or otherwise as provided by law; and (b) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $3,395.70, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to time City by an appraiser retained by the O- Ambo�ize eondam,anmi pmee._Hings puce,- Convr,nd D.auo gc PIOIeC! 7 -2115 City, if the amount of the appraisal is higher, which amount represents thejust compensation due to Virginia Putters.... u'r the City's acquisition of such casements related to Iter property, or to sign and file a Certificate of Deposit in lieu of such Certificate of Take, before entering and taking possession ..f the casements related to the real property owned by Virginia Patterson as described in this Ordinance: in connection with the "quick take" condemnation process of such easements, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended, or Otherwise as provided bylaw. ii. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance is hereby dispensed with by title. ATTEST: City Clerk'°"' 0.qutlioriu condeinnalion p,p,d,,,, Queen- Couniand omfnog, ri jc 1120 -15 Q) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2015 Subject: Authorization for Acquisition of Various Property Interests by "Quick Take" Eminent Domain for the Queen Avenue - Courtland Road Stormwater Drainage Improvements Project Background: The Queen Avenue - Courtland Road Stormwater Drainage Improvements Project ( "Project ") is a proposed City project for the purpose of making storm water drainage infrastructure improvements in the neighborhood along the Queen Avenue - Courtland Road corridor to alleviate storm water runoff. This neighborhood suffers from inadequate drainage evidenced by standing water on road pavement and private property, which may contribute to flooding of private properties. Constructing the proposed storm drain system along this corridor would correct known drainage problems in this neighborhood. The estimated Project cost is $1,400,000. Pursuant to Ordinance No. 39805- 111813, adopted by City Council on the 18" day of November, 2013, City Council authorized City staff to acquire the necessary property interests needed for the Project from private property owners at fair market value, using bona fide, and good faith efforts at negotiation. These property interests consisted of permanent drainage easements, temporary construction easements, and fee simple interests. While City staff acquired the necessary real property interests from 15 affected property owners, City staff was unable to acquire the easements needed for the Project from the property owners shown below, despite making reasonable, bona fide efforts to acquire the property at reasonable and just compensation. Property Owner Address Official Tax Map No. Real Property Interest Needed Galen Eskew 3140 Courtland Road 2060702 Fee simple 347 sq. ft. parcel and a 5 ft. storm drain easement containing 248 sq. ft. Virginia Patterson 0 Courtland Road 2060746 15 ft. storm drain easement containing 4,679 sq. ft., and a 5 ft. temporary construction easement containing 1,557 sq. ft. The proposed real property interests to be acquired from Galen Eskew and Virginia Patterson are more particularly shown on the plats attached to this report. City staff estimated the fair value of the easements, the fee simple interest, and the damages to the residue of the remainder of Galen Eskew's property to be $2,283.86. This amount was based on the assessed value of Galen Eskew's parcel, Tax Map No. 2060702, and was initially offered to the owner as just compensation for the acquisition of the real estate interests. An appraisal of the easement and the fee simple interest is also being obtained by an independent third party appraiser. The City will make another attempt to negotiate the acquisition of these real estate interests from Galen Eskew, and will offer Galen Eskew the amount of $2,283.86 or the appraisal amount, whichever is higher, as his just compensation for the fee simple interest, the easement, and any damages to the residue of the property. City staff estimated the fair value of the easements and the damages to the residue of the remainder of Virginia Patterson's property to be $3,395.70. This amount was based on the assessed value of Virginia Patterson's real estate, Tax Map No. 2060746, and was initially offered to the owner as just compensation for the acquisition of the easements. An appraisal of the easements is also being obtained by an independent third party appraiser. The City will make another attempt to negotiate the acquisition of these easements from Virginia Patterson, and will offer Virginia Patterson the amount of $3,395.70, or the appraisal amount, whichever amount is higher, as her just compensation for the easements and any damages to the residue of the property. Considerations: While Galen Eskew has accepted the City's offer to purchase the fee simple portion of his property and the permanent drainage easement, the parties have been unable to close this transaction because the real estate at issue is encumbered by a deed of trust held by Green Tree Servicing, LLC ( "Green Tree "). Despite the City's efforts at requesting Green Tree to release the property interests needed by the City from the deed of trust, which efforts included offering to pay Green Tree the just compensation offered to Galen Eskew to be applied to the balance of his loan with Green Tree, Green Tree refuses to release the real estate interests needed by the City unless Galen Eskew's loan balance is paid down by approximately $21, 000, which the parties are unable to do. City staff and Virginia Patterson have been unable to reach an agreement for conveyance of the easements needed by the City on her parcel. Virginia Patterson explained to staff that she lives out of town, and only owns this one parcel of real estate in the City of Roanoke. She is trying to sell the entirety of this parcel, and is concerned the conveyance of the easements to the City will negatively impact the market value of the remainder of her property. While she has asked the City to purchase the entire parcel, the assessed value of this parcel by the City is $1 5,800, an amount substantially more than the fair value of the easements. City staff considered a redesign of the Project without acquiring the property interests described above. However, the property interests needed by the City from Galen Eskew and Virginia Patterson are critical to the Project and the Project cannot be redesigned around the affected parcels. All properties in the area, including Galen Eskew's parcel and Virginia Patterson's parcel, will benefit from completion of the Project. In order to commence and complete the Project, it is necessary for the City to acquire the real property interests described above from the owners, Galen Eskew and Virginia Patterson. Recommended Actions: City Council adopt the ordinance attached to this Report to make and authorize the following actions in order for the real property interests identified above to be acquired from Galen Eskew and Virginia Patterson: (1)Declare that the Project constitutes a public use within the meaning of Section 1 -219.1 of the Code of Virginia (1950) as amended, and that the easements and fee simple interest identified above are necessary for the Project. (2) Authorize City staff to attempt to acquire the easements identified above from Galen Eskew by negotiation, and offer Galen Eskew the amount of $2,283.86, or the forthcoming appraisal amount, whichever amount is greater, as the Galen Eskew's just compensation for conveyance of the easement and fee interest to the City, and damages to residue of his property. (3) Authorize City staff to attempt to acquire the easements identified above from Virginia Patterson by negotiation, and offer Virginia Patterson the amount of $3,395.70, or the forthcoming appraisal amount, whichever amount is greater, as Virginia Patterson's just compensation for conveyance of the easements to the City, and damages to the residue of her property. (4) If such attempts at negotiation with Galen Eskew and Virginia Patterson are unsuccessful, authorize City staff to initiate "quick take" eminent domain proceedings in accordance with Section 15.2 -1904, and Section 25.1 -300 ET. seq., Code of Virginia (1950), as amended, and other applicable law, and to enter upon Roanoke Official Tax Map No. 2060702 to acquire such fee simple interest and easement needed, and Tax Map No. 2060746 to acquire such easements, and commence work on the Project. (5) Authorize the appropriate City officials, including the Director of Finance, City Manager or City Attorney, to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $2,283.86, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City if the amount of the appraisal is higher, which amount represents the just compensation due to Galen Eskew; or (b) sign and file a Certificate of Deposit in lieu of such Certificate of Take, in the Circuit Court of the City of 3 Roanoke, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended. (6) Authorize the appropriate City officials, including the Director of Finance, City Manager or City Attorney, to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $3,395.70, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City if the amount of the appraisal is higher, which amount represents the just compensation due to Virginia Patterson; or (b) sign and file a Certificate of Deposit in lieu of such Certificate of Take, in the Circuit Court of the City of Roanoke, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E., L.S., City Engineer David L. Collins, Assistant City Attorney Dwayne R. D'Ardenne, Stormwater Manager NOTE. 1. THIS PLAT IS COMPILED FROM EXISTING RECORDS AND IS NOT THE RESULT OF A FIELD SURVEY. 2. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT. THERE MAY EXIST ENCUMBRANCES NOT SHOWN WHICH AFFECT THE SUBJECT PROPERTY. 3. THE SUBJECT PROPERTY IS NOT LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS DESIGNATED BY FEMA MAP PANEL NO. 51161C0162G REVISED SEPTEMBER 26, 2007. COURTLAND ROAD �W (R /W VARIES) �4 KI6:.6 i "' sr ;r. S59 58'E x11500' NEW 5' PERMANENT `"qc p'o 1 15.01' S. L STORII DRAIN EASEMENT 'S cep 5y 4,6791 BE (0.143 AC.) Z�hop 0 —i— I 5' TEIMPORARY oy$p "t il CON *RUCTION EASEMENT �" o ///1,55 SF (0.036 e LSE H HALL TAR N0. I 'WAI?FR E. I 2060148 4 BARBARA INSIHUTAENT 5. DAVr (VIRGINIA S. 0,0016641 TAX NO PATTERSON 2060745 LOT 25 - 0.B 1406 TAX NO. - -� FG. 696 2050746 1 WILL BK. 23y N2730'E PG. 10 312.36' LEE H. HILL '^ TAX NO 2060156 T.. I INSTRUMENT MOUNTAIN 1 $27'30'W I 07001664 INVESTORS LC TAX NO I 311.46 rHEIM"AN INSTRU0 E JG & INSTRUMENT AH S NAL, 002 W0838b O. 2060147 ID.B. 1537 PG. 169') I II r I 7 °" 160' — _- UEEN AVENUE (VARIABLE RIGHT OF WAY) N63-24'W ^ OFFICE OF THE CITY ENGINEER a ROANOKE PHILIP C. SCHIRMER LL. No. 1554 SCALE 1' - 40' EAU 0' 20' 40' PLAT SHOWING A ]S' PERMANENT STORM DRAIN EASEMENT AND AS . TEMPORARY CONSTRUCTION EASEMENT TO RE ACQUIRED FROM VIRGINIA S. PATTERSON. LOT 2S, TINKER VIEW ADDITION CITY OF ROANOKE, VIRGINIA DATE !1 13 2013 PUN NO N N.QS.13 o ISS - S�p j��R @4 4�fi� 33g� $sesap a s I4 i'� Ygy i v� F��pxp�iu 3CTV ad�gv :PRq ;yiy 3 cc N pg�p X_app9d��pg�^ 4t5 G� t ��a` ILJ■ y Nii ii Apo � � �e,�:.� �,� � z ©o •,�A � � r � 6 �\l The Roanoke Times Roanoke, Virginia Affidavit of Publication CH OEROANOKE- ENGINEERING 215 CHURCH AVE ROOM 350 ROANOKE, VA 24011 Account Number 6010637 Data July 06, 2015 Data Category Description Ad Size Total Coal 07MR015 Munitipal Notices NPH -OU,tk Take Condemnation 4x5001N 2,77440 Publisher of the Roanoke Times I, Ithe 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 NPH -Quick Take Condemnati was published In said newspapers on the following dates: 06129.0710612015 The First insertion being given ... 06129/2015 Newspaperreference: 0000163567 flh I I I, S40L, Biiling Represents iv Sworn to and subscribed before me this Monday, July 6, 2615 k nrry Notary u is M °ENH State of Virginia P''NOTARY City /County of Roanoke PUBLIC 9 t My Commission expires �,( �'k PEG. #332 SSIGN _ MY COMAMSSION THIS IS NOT A BILL. 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CanSPnssMlaeve Ne0par4niyy Ml%gle pat upmsv llgn npiraons qa sOM maryer, AWilamal inlamulan .,N prole[a ees[riMtl ahOre, and moksol llre poasedoresaxe5 n8 he araiVbk in the LR/CkrkY Olt bryrNy kprina/,JUnw fl.2015.Il Yau arezGM vrd, adisap."a1whe ter, xJ., zols, for Nex"ameds, okase eaWl Ne Cfy Cilm'a Morl a115401653- 2541. berme 12W rwon on 1Falnnar, Al, 16. done - loan nntermrnvp IMe2nnnay al Jrme ,ands. swP,wlk M. Mean Reyman, city crew NOTICE OF PUBLIC HEARING Pursuant to the requirements of Section 152 -1903, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke, Virginia ( "City ") will hold public hearings at its regular meeting to be held on Monday, July 20, 2015, commencing at 7:00 p.m., or as soon thereafter as the matters may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, to consider adoption of ordinances authorizing the use of "quick take' condemnation proceedings for the acquisition of various casements across, on, and under certain privatelyowned real property, in connection with certain City infrastructure projects, more specifically described as follows: (A) An ordinance authorizing the acquisition of various easements by "quick take" condemnation proceedings pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq., of the Code of Virginia (1950) as amended, for the Fresno Street -Aspen Street Drainage Improvements Project, such easements to be across, on, and under the following described parcels of real property (i) located at 1535 Fresno Street, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2460285, and owned by the Estate of Terry McGeorge; and (ii) located at 1541 Fresno Street, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2460284, and owned by Paula R. Vineyard and Cynthia D. Vineyard Brown; forthe purpose of making stonnwater drainage infrastructure improvements in the neighborhood along the Fresno Street -Aspen Street corridor to alleviate stonnwater runoff. (B) An ordinance authorizing the acquisition of various easements by "quick take" condemnation proceedings pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq., Code of Virginia (1950) as amended, for the Queen Avenue - Courtland Road Drainage Improvements Project, such easements to be across, on, and under the following described parcels of real property (i) located at 3140 Courtland Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2060702, and owned by Galen Eskew; and (ii) located at 0 Courtland Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2060746, and owned by Virginia Patterson; for the purpose of making stonnwater drainage infrastructure improvements in the neighborhood along the Queen Avenue- Courtland Road corridor to alleviate stonnwater runoff. (C) An ordinance authorizing the acquisition of various easements by "quick take" condemnation proceedings pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq., Code of Virginia (1950) as amended, for the Andrews /Cove Road Drainage Improvements Project such easements to be across, on, and under a certain parcel of real property located at 1610 Cove Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2450207, and owned by Joseph C. Moorman and Mary D. Moorman, for the purpose of making stormwater drainage infrastructure improvements in the neighborhood along the Andrews /Cove Road corridor to alleviate stonnwater runoff. '1'hc public hearings shall be for the purpose of determining whether each of the projects described above constinrtes et public use, and whether the use of condemnation proceedings are necessary for the acquisition of such casements across, on, and under the real property described above. Citizens shall have the opportunity to be heard and express their opinions on said matter. Additional infommtion on the projects described above, and copies of the proposed ordinances will be available in the City Clerk's Office beginning Monday, June 29, 2015. If you are a person with a disability who needs acconmodations for these hearings, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, July 16, 2015. GIVEN under my hand this 24thday of June, 2015. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish twice in The Roanoke Times, Legal Notices, as a block style ad, once on Monday, June 29, 2015, and once on Monday, July 6, 2015. Please send bill to: Phillip Schirmer, City Engineer 350 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540)853 -2731 Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chr ch Avenue, S. W., Suite 456 Roanoke,Virginia 24011 -1536 Telephone: (540)853 -2541 Fnx: (540) 853 -1145 14nWL elcrk[atrmmake...4ov CECFlAAT. WCDD,CMC KI'N:PIIANILM. MOON I2N;VNOLIIS, MMC Arting Deputy City Clerk Cily Clerk July 21, 2015 Joseph C. and Mary D. Moorman 1610 Cove Road, N. W. Roanoke, Virginia 24017 Dear Mr. and Mrs. Moorman: I am enclosing copy of Ordinance No. 40308 - 072015 authorizing the acquisition of a permanent drainage easement and the acquisition of a temporary construction easement, on, over, and across a certain parcel of real property, all in connection with the Andrews /Cove Road Drainage Improvements Project; authorizing the acquisition of such easements by negotiation; authorizing the condemnation and exercise of the City's quick -take powers to acquire such permanent drainage easement and temporary construction easement with respect to a certain parcel of real property pursuant to Section 15.2 -1904 and Sections 25.1 -300, et. seq., Code of Virginia (1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements required by the City for certain improvements to the City's infrastructure with respect to the Andrews /Cove Road Drainage Improvements Project, as provided in this ordinance by negotiation or by condemnation, and exercise of the quick -take powers. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2015; and is in full force and effect upon its passage. Sincerely, �. ! �a h ' Stephanie M. Moon Rey Ids, MMC City Clerk Enclosure Joseph C. and Mary D. Moorman July 21, 2015 Page 2 PC: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Robert K. Bengtson, Director of Public Works Phillip C. Schirmer, City Engineer Dwayne R. D'Ardenne, Stormwater Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2015. No. 40308- 072015. AN ORDINANCE authorizing the acquisition of a permanent drainage casement and the acquisition of a termporary construction easement, on, over, and across a certain parcel of real Property, all in connection with the Andrews /Cove Road Drainage Improvements Project; authorizing the acquisition of such easements by negotiation; authorizing the condemnation and exercise of the City's quick -take powers to acquire such permanent drainage easement and temporary construction easement with respect to a certain parcel of real property pursuant to Section 15.2 -1904 and Sections 25.1 -300, of. seq., Code of Virginia (1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements required by the City for certain improvements to the City's infrastructure with respect to the Andrews /Cove Road Drainage Improvements Project, as provided in this ordinance by negotiation or by condemnation, and exercise of the quick -take powers; and dispensing with the second reading of this ordinance by title. WHEREAS, by Ordinance No. 40105- 111714, adopted November 17, 2014, City Council authorized the City to acquire by negotiation from private real property owners, certain permanent storm drainage easements and temporary construction easements, other easements, rights of ingress and egress, and other real property interests required by the City in connection with the Andrews/Cove Road Drainage Improvements Project (the Project ,,); WHEREAS, the purpose of the Project is to reduce flooding and the accumulation of standing water on private and public properties, 0.Am6m9ze condc,nr�niion p,nae,dln6s Cnvc Andrews Dorn,, Profcu. ) -20 -I5 1 WIIEREAS, the City has successfully negotiated the acquisition of the necessary casements and other property interests Limn most of the affected real property owners in connection with the Project, WHEREAS, the City has been unsuccessful in negotiating agreements to acquire the necessary casements from the following owners of a certain parcel of real property, situated in Roanoke, Virginia: Joseph C Moorman T1161 ne owed 0 Cove Road, N W 3481 square foot per manent Mary D. Moorman TM No. 2450207 storm drainage easement, and 1,044 square foot temporary The real property interests required by the City are more particularly identified and described in the City Council Agenda Report dated July 20, 2015 ( "Report"); WHEREAS, the City entered into bona fide, good faith negotiations with Joseph C Moorman and Mary D. Moorman and offered the sum of $2,162.87 as just compensation for the permanent drainage easement and temporary construction easement, and the City was unable to acquire the permanent drainage easement and the temporary construction easement from Joseph C. Moorman and Mary D. Moorman, all as more specifically set forth in the Report; WHEREAS, the Project is critically important for the City's infrastructure, and it is essential that the City acquire all property interests required for the Project before the City can commence work on the Project; WHEREAS, the fair Value of the required easements needed by the City across the property owned by Joseph C Moorman and Mary D. Moorman, together with damages, if any, to the remainder of such property is $2,162.87, based on the 2014 assessed value of the property; e -A,,fl i,, wndmnatinn 111cIIM,.,, 01vc Andrew, Dminng, 1`1111"(7.20 -IS 2 WHEREAS, the Project is in the public interest and, pursuant to Section 2 of the City Chatter, the City is specifically authorized to acquire interests in real property by condemnation as set forth in Chapter 19, Section 15.2 -1900 of seq., Code of Virginia (1950) as amended; WHEREAS, a public hearing for July 20, 2015, has been duly advertised for City Council to consider this matter in accordance with the requirements of Section 15.2 -1903, Code of Virginia (1950) as amended; and WHEREAS, City Council held the public hearing on July 20, 2015, to determine the necessity for the condemnation and the use of the City's quick -take powers in accordance with Section 15.2 -1903, Code of Virginia (1950), as amended, at which public hearing all persons and interested parties were provided an opportunity to express their position on this matter. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council finds and determines that the Project constitutes a public use within the meaning of Section 1- 219.1, Code of Virginia (1950) as amended, as the purpose of the Project is to construct infrastructure improvements to improve and alleviate drainage issues on public and private property, and that such improvements are in the public interest of the citizens of the City in that the Project involves the acquisition of easements and other property interests for drainage facilities, as set forth in Section 15.2 -1904, Code of Virginia (1950), as amended. 2 Council finds and determines the City requires certain easements, as more specifically set forth in the Report and attachments thereto, and Council authorizes the proper City officials to acquire for the City the following property interests from the following property owner (a0 as more specifically described in the Report) by continued negotiation: 0 -Auafi condcmnmtan Proceedings Covc And ,,w,Dll- n91P 11e1t.720 -15 3 Property Owner Address and Official Tax Map No. Real Property Interests Required _ _ Joseph C Moorman _. 1610 Cove Road, NW __.._ 3481 square foot permanent Maly D. Moorman TM No. 2450207 storm drainage casement, and 1,044 temporary construction _ casement The City Manager is authorized to pay such consideration as he deems appropriate. 3. Upon acceptance of the City's offer, and delivery by such owners to the City of the easements needed for the Project, approved as to form by the City Attorney, the Director of Finance is directed to pay the agreed upon consideration to the owners of the property for such easements conveyed to the City, certified by the City Attorney to be entitled to the same. 4. Council hereby finds that a public necessity and public purpose exists for the condemnation of such easements stated in this Ordinance and the Report and Council declares its intent to exercise its quick -take powers to acquire by condemnation the easements described in this Ordinance and the Report, and, if in the event that continued negotiations with Joseph C. Moorman and Mary D. Moorman remain ineffectual, the City Attorney is authorized and directed to institute condemnation proceedings, including the exercise of the City's "quick take" powers of eminent domain in accordance with Section 15.2 -1904, and Section 25.1 -300 et. seq., Code of Virginia (1950), as amended, and to enter upon such real property and immediately acquire such easements set forth in this Ordinance, and more specifically set forth in the plats attached to the Report, prior to filing condemnation proceedings in the Circuit Court of the City of Roanoke, Virginia, in order for the City to commence construction of the Project. 5. The easements acquired by the City pursuant to this Ordinance shall be used for the purpose of constructing and installing storm diain facilities and other infrastructure improvements needed for the Project. 4AUtLoiiis .ndmnnnlian proceedings Cove.Mdrews niainn , o l,, 7 20 -IS 4 6. Council finds and determines that the amount Of just compensation due to Joseph C. Moorman and Mary D. Moorman for the permanent drainage easement and temporary Construction casement, including damages, if any, to the remainder of their property, is $2,162.87, or such amount determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher. 7. The appropriate City officials, including the Director of Finance, City Manager or City Attorney, are hereby severally authorized to sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $2,162.87, or such amount determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher, which amount represents the just compensation due to Joseph C. Moorman and Mary D. Moorman for the City's acquisition of such easements in their property, or to sign and file a Certificate of Deposit in lieu of such Certificate of Take, before entering and taking possession of the easements related to the real property owned by Joseph C. Moorman and Mary D. Moorman as described in this Ordinance in connection with the "quick take" condemnation process of such easements, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended, or otherwise as provided by law. 8. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance is hereby dispensed with by title. ATTEST: C � � City Clerk. O- Authoiize condemnation proceedings Cove Andirws Drainage Project.]- -20 -15 5 U� CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2015 Subject: Authorization for Acquisition of Easements by "Quick Take" Eminent Domain for the Cove Road - Andrews Road Stormwater Drainage Improvements Project Background: The Cove Road- Andrews Road Stormwater Drainage Improvements Project ( "Project ") is a proposed City project for the purpose of making stormwater drainage infrastructure improvements in the neighborhood along the Cove Road and Andrews Road corridor to alleviate stormwater runoff. This neighborhood suffers from inadequate drainage evidenced by standing water on road pavement and private property, which may contribute to flooding of private properties. Constructing the proposed storm drain system along this corridor would correct known drainage problems in this neighborhood. The estimated Project cost is $300,000. Pursuant to Ordinance No. 40105-111714, adopted by City Council on the 17" day of November, 2014, City Council authorized City staff to acquire the necessary property interests needed for the Project from private property owners at fair market value, using bona fide, and good faith efforts at negotiation. These property interests consisted of permanent drainage easements and temporary construction easements. While City staff acquired the necessary real property interests for the majority of the Project, City staff was unable to acquire the easements needed for the Project from the property owners shown below, despite making reasonable, bona fide efforts to acquire the property at reasonable and just compensation. Property Owner Address Official Tax Map No. Real Property Interest Needed Joseph C. Moorman 1610 Cove Road 2450207 20 ft. drainage & Mary D. Moorman easement containing 3,841 sq. ft. and a 5 ft. temporary construction easement containing 1,044 sq. ft. The proposed easements to be acquired from Joseph C. Moorman and Mary D. Moorman are more particularly shown on the plat attached to this report. City staff estimated the fair value of the easements and the damages to the residue of the property to be $2,162.87. This amount was based on the assessed value of the Mormons' parcel, Roanoke Official Tax Map No. 2450207, and was offered to the owners as just compensation for the acquisition of the easements. An appraisal of the easements is also being obtained by an independent third party appraiser. The City will make another attempt to negotiate the acquisition of the easements from the Moormans, and will offer the Moormans the amount of $2,162.87 or the appraisal amount, whichever is higher, as theirjust compensation for the easements. Considerations: The property owners, Joseph C. Moorman and Mary D. Moorman, have not accepted the City's initial written offer to acquire the easements identified above, after expressing concern to City staff that the drainage improvements would primarily benefit their adjacent neighbor's property, designated as Roanoke Official Tax Map No. 2450209, owned by Mr. Richard L. Taylor. While the drainage improvements to be made within the area of the proposed easements would provide a benefit to the Mormons' adjacent neighbor's property based on the physical characteristics of that property, all properties in the area, including the Moormans' parcel will benefit from completion of the Project. City staff made the strategic decision to place the proposed easements across the Moormans' parcel because if such easements were placed on their neighbor's property, the easements and the storm drain facilities to be installed within the area of the easements, would have to be physically located too close to their neighbor's house, posing a danger to the structure on that parcel. Locating the easements on the Moormans' parcel allows the easements and storm drain facilities to be placed in an open space area, a sufficient and safe distance from the Moormans' house. City staff considered alternative designs of the Project to avoid the need to acquire easements on the Moormans' parcel. The alternative design would increase the estimated cost for the Project to $700,000. In order to commence and complete the Project, it is necessary and essential for the City to acquire the easements described above from the owners, Joseph C. Moorman and Mary D. Moorman. Recommended Actions: City Council adopt the ordinance attached to this Report to make and authorize the following actions in order for the easements identified above to be acquired from Joseph C. Moorman and Mary D. Moorman: 0) Declare that the Project constitutes a public use within the meaning of Section 1- 219.1, the Code of Virginia (1950) as amended, and that the easements identified above are necessary for the Project. (2) Authorize City staff to attempt to acquire the easements identified above from Joseph C. Moorman and Mary D. Moorman by negotiation, and offer the Moormans the amount of $2,162.87, or the forthcoming appraisal amount, whichever amount is greater, as the Moormans' just compensation for their conveyance of the easements to the City. (3) If such attempt at negotiation with Joseph C. Moorman and Mary D. Moorman is unsuccessful, authorize City staff to initiate "quick take" eminent domain proceedings in accordance with Section 15.2 -1904, and Section 25.1 -300 et. seq., Code of Virginia (1950), as amended, and other applicable law, and to enter upon Roanoke Official Tax Map No. 2450207 to acquire such easements and commence work on the Project. (4) Authorize the appropriate City officials, including the Director of Finance, City Manager or City Attorney, to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $2,162.87, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City if the amount of the appraisal is higher, which amount represents the just compensation due to the Moormans; or (b) sign and file a Certificate of Deposit in lieu of such Certificate of Take, in the Circuit Court of the City of Roanoke, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended. �?� � 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., L.S., City Engineer Barbara A. Dameron, Director of Finance David L. Collins, Assistant City Attorney Dwayne R. D'Ardenne, Stormwater Manager NOTES: I. THIS PLAT WAS PREPARED MTNOUT THE BENEFIT OF A CURRENT TITLE REPORT AND THERE MAY BE ENCUMBRANCES WHICH AFFECT ME SUBJECT PROPERTY Z THE CURRENT PROPERTY OWNER IS JOSEPH C. AND MART D. MOORMAN. REFERENCE INSTRUMENT No. 0000011939. 3. THE PURPOSE OF T IS PLAT IS TO CREATE A PERMANENT 20 DRAINAGE EASEMENT OF 3401 sq, ft., AND A 5' TEMPORARY CONSTRUCTION EASEMENT W 1044 sq. It. AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4, FOR CVAITY NOT A PHYSICAL IMPROVEMENTS TO NE SUBJECT PROPERTY ARE SHOYM ON THIS PLAT. 5, THIS PLAT IS BASED UPON A CURRENT `F SURVEY. 6. ACCORDING TO FEMA PANEL N. 51161CO161C TEE SUBJECT PROPERTY UES WITHIN FLOOD HAZARD ZONE •X AREAS DETERMINED TO BE OUTSIDE TEE 0.2E CHANCE FLOOD PLAIN. APpR SED: o IPF LEGEND IRON PIPE FOUND iLl f IL--- K / O rvrv, o IRF IRON ROD FOUND CITY EN WEER OA q O O PROPERTY CORNER ,. w COMPILED FROM RECORDS 2 IPF% NLLA HEIGHTS TAX P2450z01 \ \ .� JOSEPH C. AND MARY D, MOORMAN \ h . LOT L GX IB, �/S T \ 7. HEIGHTS rvh/8 j PROPOSED PROPOSED 20' DRAINAGE TEMPORARY C EASEMENT CONSTRUCTION / 3481 sq. ff. EASEMENT 1044 sq. ft. n NUA HEIGHTS / / \ \ \N89'24'S9'W i o45� OIPf V 246At a w TAX F24 5 0209 RICHARD L TAYLOR LAI BC. BLOCK 1B �I InN. W It VILLA HEIGHTS ANDREWS /COVE ROADT STORMWATER DRAINAGE IMPROVEMENTS RH pp r PLAT SHOWING A PERMANENT I) 20' DRAINAGE EASEMENT AND TEMPORARY 5' CONSTRUCTION EASEMENT Lie. No. 1400 TO BE ACQUIRED FROM JOSEPH C. AND MARY D. s,�Z11 1 �ryyo MOORMAN LOT 7, BLOCK 18 VILLA HEIGHTS D SURN F' CITY OF ROANOKE. VIRGINIA Draper Aden Associates OFF SCALE: t' =50' ]DRAWN: F,BIn<e.inx • sx ymx Emnomm�mismAV CHECKED: LWK DATE: 11 -24 -14 zzo6sooM wmsArel cwul::rel: vA B of,ft P.VAY4gW „�H,,,aetl..vA NP552-0otsV.V5 010 PROJECT: 613179B -01 3 p291 fggNG The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - ENGINEERING 215 CHURCH AVE ROOM 350 ROANOKE, VA 24011 Account Number 6010637 Date July 06, 2015 Data category Oeamption Ms. Total Cost 07/062015 Munidpal NOtires NPH -Oack Take Condemnation 4x5001N 2,77440 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 NPH -Quick Take Condemnati was published In said newspapers on the following dates: 06129.071062015 The First Insertion being given ... 06/292015 Newspaper reference: 0000163567 �'.ioll ' ►�IL� Sworn to and subscribed before me this Monday, July 6, 2015 v - Notary u is CE N' State of Virginia � ��Q,. 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Mae Mayedda, City CbM al NOTICE OF PUBLIC HEARING Pursuant to the requirements of Section 15.2 -1903, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke, Virginia ( "City") will hold public hearings at its regular meeting to be hold on Monday, July 20, 2015, commencing at 7:00 p.m., or as soon thereafter as the matters may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, to consider adoption of ordinances authorizing the use of "quick take" condemnation proceedings for the acquisition of various easements across, on, and under certain privately owned real property, in connection with certain City infrastructure projects, more specifically described as follows: (A) An ordinance authorizing the acquisition of various easements by "quick take" condemnation proceedings pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq., of the Code of Virginia (1950) as amended, for the Fresno Street -Aspen Street Drainage Improvements Project, such easements to be across, on, and under the following described parcels of real property (i) located at 1535 Fresno Street, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2460285, and owned by the Estate of Terry McGeorge; and (it) located at 1541 Fresno Street, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2460284, and owned by Paula R. Vineyard and Cynthia D. Vineyard Brown; for the purpose of making stonnwater drainage infi-astrucrure improvements in the neighborhood along the Fresno Street -Aspen Street corridor to alleviate stonnwater runoff. (B) An ordinance authorizing the acquisition of various easements by "quick take" condemnation proceedings pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq., Code of Virginia (1950) as amended, for the Queen Avenue - Courtland Road Drainage Improvements Project, such easements to be across, on, and under the following described parcels of real property (i) located at 3140 Courtland Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2060702, and owned by Galen Eskew; and (it) located at 0 Courtland Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2060746, and owned by Virginia Patterson; for the purpose of making stonnwater drainage infrastructure improvements in the neighborhood along the Queen Avenue- Courtland Road corridor to alleviate stonnwater runoff. (C) An ordinance authorizing the acquisition of various easements by "quick take' condemnation proceedings pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq., Code of Virginia (1950) as amended, for the Andrews /Cove Road Drainage Improvements Project such easements to be across, on, and under a certain parcel of real property located at 1610 Cove Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2450207, and owned by Joseph C. Moorman and Mary D. Moorman, for the purpose of making stonnwater drainage infrastructure improvements in the neighborhood along the Andrews /Cove Road corridor to alleviate stonnwater runoff. The public hearings shall be for the purpose of determining whether each of the projects described above constitutes a public use, and whether the use of condemnation proceedings are it ecessary Ibr the acyui Sit ion of such easements across, on, and under the real property described above. Citizens shall have the oppmYUniIy to he heard and express their opinions on said matter. Additional intbrmation on the projects described above, and copies of the proposed ordinances will be available in the City Clerk's Office beginning Monday, June 29, 2015. If You are a person with a disability who needs accommodations for these hearings, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, July 16, 2015. GIVEN undCmy hand this 24t4day of June, 2015. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish twice in The Roanoke Times, Legal Notices, as a block style ad, once on Monday, June 29, 2015, and once on Monday, July 6, 2015. Please send bill to: Phillip Schirmer, City Engineer 350 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540)853 -2731 Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2541 Community Cultivators Inc. presents REVITALIZING OUR COMMUNITY "PUTTING ROANOKE BACK TO WORK" STREET RALLY An event that will address the issues that are plaguing our communities to the DETRIMENT. It is time that we come together as a community and make it a safe, revitalized and economically sound place to live. Join us to: CONNECT THOSE WHO WANT TO WORK WITH A JOB, whether you have a criminal background or not we will help you find employment. REVITALIZE THE URBAN COMMUNITIES by restoring abandoned buildings, promoting business growth and having resources available in the neighborhoods. ADDRESS THE RISING CRIME ISSUES that are becoming prevalent. ENSURE THAT EVERY RETURNED CITIZEN (ex- offender) who is eligible APPLY TO HAVE THEIR RIGHTS RESTORED. PLUS - EMPLOYERS - JOB FAIR - ENTERTAINMENT VARIOUS SPEAKERS - F000 VENDORS - FUN FOR KIOS THE PUBLIC IS INVITED! JULY 24TH 2015 1 11:00AM- 8:00PM 11TH & MELROSE I ROANOKE, VA :T ShawnHunter277 jyah o.com Hunter 540.278.3551 j P CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 9ele,lonc (540)8532541 Fax: (540)853 -1145 &mail elerlearoanokern.gov. C'ECE IA"1'. WEBB, CMC .S'1'IiP11ANIF M. MOON REYNOLDS, NOLDS,MMC Atoka Dpoly Cily Clerk City Clerk July 21, 2015 Christopher P. Morrill, City Manager Roanoke, Virginia Dear Mr. Morrill: I am enclosing copy of Ordinance No. 40305- 072015 amending Vision 2001 -2020, the City's Comprehensive Plan, by vacating and releasing the public's right to use an approximately 0.556 acre portion of Brown - Robertson Park and by dedicating an approximately 0.220 acre parcel of property across 101h Street N. W., from Brown - Robertson Park to Brown - Robertson Park, for use as a trailhead and parking area serving the Lick Run Greenway, as set forth in the City's application dated July 20, 2015. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2015; and is in full force and effect upon its passage. Sincerely, n /] Stephanie M. Moon Reyflaolds,_AM C City Clerk Enclosure PC: Pete McGarrity, Virginia Department of Transportation, Right of Way and Utilities Division, Special Negotiation Section, 1401 East Broad Street, Richmond, Virginia 23219 Synthia Waymack, Land and Water Conservation Fund and Recreational Trails Program Administrator, Department of Conservation and Recreation, 600 East Main Street, Richmond, Virginia 23219 Christopher P. Morrill, City Manager July 21, 2015 Page 2 PC: Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Amelia C. Merchant, Director of Management and Budget Christopher L. Chittum, Director, Planning, Building and Development Tina M. Carr, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2015. No. 40305 - 072015. AN ORDINANCE amending Vision 2001 -2020, the City's Comprehensive Plan, by vacating and releasing the public's right to use an approximately 0.556 acre portion of Brown - Robertson Park and by dedicating an approximately 0.220 acre parcel of property across 10'1' Street, N.W., from Brown - Robertson Park to Brown - Robertson park; and dispensing with the second reading of this ordinance by title. WHEREAS, the Virginia Department of Transportation ( "VDOT ") is currently engaged in a project to widen 10'x' Street, N.W_, between Orange Avenue, N.W., and Williamson Road, N.W., and as part of that project, 10 °i Street, N.W., will be slightly realigned as it passes by the western edge of Brown- Robertson Park, such realignment encroaching upon Brown- Robertson Park; WHEREAS, Brown- Robertson Park is shown in Vision 2020, the City's Comprehension Plan, as a public park; WHEREAS, because federal land and water conservation funds were used by the City to improve the property that comprises Brown - Robertson Park, approvals from the National Park Service ( "NPS-') and the Department of Conservation and Recreation ( "s Out were required for VDOT to proceed with the proposed realignment to ensure that the loss of conservation space from the realignment is adequately offset; WHEREAS, to allow the realigrunent as proposed by VDOT, it is necessary to vacate and release the public's right to use a 0.556 acre portion of Brown - Robertson Park; WHEREAS, as part of the NPS and DCR approvals of the vacation and release of the public's tight to use the 0.556 acre portion of Brown-Robertson Park, VDOT will convey an approximately 0.220 acre parcel of property located across 10 °' Street, N.W., horn Brown - Robertson Park, for a small trailhead and parking area serving the Lick Run Grecnway, such 0.220 acre parcel to become part of Brown - Robertson Park; WHEREAS, the City of Roanoke filed an application with the Council of the City of Roanoke, Virginia ( "City Council "), in accordance with law, requesting City Council to amend Vision 2001 -2020, the City's Comprehensive Plan, by vacating and releasing the public's right to use the approximately 0.556 acre portion of Brown - Robertson Park and by dedicating an approximately 0.220 acre parcel of property located across 10 °i Street, N.W., from Brown - Robertson Park for a trailhead and parking area serving the Lick Run Greenway; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by Section 15.2 -2232 of the Code of Virginia (1950), 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 July 20, 2015, after due and timely notice thereof as required by Section 15.2 -2232, of the Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; 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 heating, finds that the public necessity, convenience and general welfare, require the vacation and release of the public's right to use an approximately 0.556 acre portion of Brown - Robertson Park and the dedication of an 2 approximately 0.220 acre pnuccI of properly to Brown - Robertson Park Ibr it Irailhead and parking area serving the Lick Run Grucoway, and tier those reasons, is of the opinion that the hereinafter described application should be granted. THEREFORE„ BF IT ORDAINED by the Council of the City of Roanoke as follows. I. The 0.556 acre portion of Brown - Robertson Park as identified in the City's application dated July 20, 2015, to this Council is vacated as a public park for recreational and open space uses, and the public's right to use the afore - referenced portion of Brown- Robertson Park is relcasecL 2. The City Manager is authorized to dedicate an approximately 0.220 acre parcel of property located across loth Street, N.W., from Brown- Robertson Park to Brown - Robertson Park for use as a [railhead and parking area serving the Lick Run Greenway, as set forth in the City's application dated July 20, 2015. 3. The City Manager is authorized to execute any and all documents, the form of all of such documents to be approved by the City Attorney, and to take any other actions consistent with the intent of City Council as evidenced by the adoption of this Ordinance. 4. Vision 2001 -2020, the City's Comprehensive Plan, is hereby amended to reflect the vacation and release of the public's right to use an approximately 0.556 acre portion of Brown - Robertson Park as set froth in the City's application dated July 20, 2015, and the dedication of an approximately 0.220 acre parcel to be included in Brown - Robertson Park, such 0.220 acre parcel to be improved and used as a trailhead and parking area serving the Lick Run Greenway, as set forth in the City's application dated July 20, 2015. 3 5. Pursuant to the provisions of Section 12 of the City Chart er, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. 4� U CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2015 Subject: Amend Vision 2001 - 2020, the City's Comprehensive Plan, by vacating and releasing the public's right to use an approximately 0.556 acre portion of Brown- Robertson Park to create right -of -way for realignment of 10th Street, N.W., on a portion of real property located at 0 10th Street, N.W., and designated as Official Tax Map Nos. 2050307 and 2050402, and dedicating approximately 0.220 acres of property across 10th Street to be added to Brown - Robertson Park Application and Recommendation The Planning Commission held a public hearing on Monday, July 13, 2015. By a vote of 7 - 0 the Commission recommended approval of the request to vacate and release the public's right to use an approximately 0.556 acre portion of Brown - Robertson Park to create right -of -way needed for the realignment of 10th Street, N.W. As part of the realignment, the Virginia Department of Transportation will convey 0.220 acres of property across 10th Street to create a trailhead parking area as part of an agreement with the National Park Service and the Virginia Department of Conservation and Recreation, such area to become part of Brown - Robertson Park. VDOT is currently engaged in a project to widen I 01 Street, N.W., between Orange Avenue, N.W., and Williamson Road, N.W. As part of that project, 10th Street, N.W. will be slightly realigned as it passes by the western edge of Brown - Robertson Park (see exhibits enclosed as Attachment A). The realignment will allow the Lick Run Greenway to pass under 10th Street, N.W. and eliminate the current grade crossing, thereby increasing safety for trail users. Federal land and water conservation funds were used by the City to improve the property that comprises Brown- Robertson Park. As a result, approvals from NPS and DCR were required for VDOT to proceed with the proposed alignment, specifically making sure that the loss of conservation space from the realignment is adequately offset. As part of the NPS and DCR approval, VDOT will convey an approximately 0.220 acre portion of property acquired for right - of -way purposes back to the City and create a small trailhead and parking area on that property to become part of Brown - Robertson Park and serve the Lick Run Greenway. The City's Parks and Recreation Department has been working with NPS and DCR for two years to facilitate this project. Overall, the size of Brown - Robertson Park is approximately 10.6 acres, so the vacation represents a small portion of the park area. The VDOT provision of property on the west side of 101" Street to construct the trailhead parking facility for the City will be a valuable asset to the community and will more than offset the loss of area to the east of 10'h Street and has been approved by the NIPS and DCR. The vacation of the 0.556 acre portion of the park is conditioned upon the transfer of 0.220 acres of property and creation of the trailhead on the opposite side of 10" Street as agreed to by VDOT, NPS, and DCR. The Planning Commission recommends support of the following: 1. Vacate and release the public's right to use an approximately 0.556 acre portion of Brown - Robertson Park to create right -of -way for the realignment of 10th Street, N.W. 2. Dedicate approximately 0.220 acres of property across 10th Street to be added to Brown - Robertson Park. 3. Amend Vision 2001 -2020, the City's Comprehensive Plan, to reflect the vacation and release of an approximately 0.556 acre portion of Brown - Robertson Park and the dedication of an approximately 0.220 acre parcel to be included in Brown - Robertson Park, such 0.220 acre parcel to be improved and used as a trailhead serving the Lick Run Greenway. Public Comment: None. Planning Commission Work Session: None. Planning Commission Public Hearing: None. / Chad A. VanHyning , Chai v J City Planning Commissi cc: Chris Morrill, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Steven J. Talevi, Assistant City Attorney ATTACHMENT A Exhibits Proposed Reconfiguration of Brown- Robertson Park, Lick Run Greenway, 10" Street and New trailhead SECTION Ef TRANSFER APPLICATION MAP CITY OF ROANOKE VIRGINIA JULY 15. 2014 f /N(�( ,VDOT D- IN- RCpLRTSOry _ _PARS 4 <.. I, I. F.1,.. < 1.,4_TPT_ITER,_...,11.4 ;;' -ue , t ra PI I wv� r 1111 1711 _c .. c.x� F ...amv mov �x_ O M' mmness .vu CU'nM 3 �1 _ Prgy —v — - IRTH STREET I . f iWaiwM I 3i I Ni Proposed Reconfiguration of Brown- Robertson Park, Lick Run Greenway, 10" Street and New trailhead SECTION Ef TRANSFER APPLICATION MAP CITY OF ROANOKE VIRGINIA JULY 15. 2014 f /N(�( ,VDOT D- IN- RCpLRTSOry _ _PARS 4 <.. I, I. F.1,.. < 1.,4_TPT_ITER,_...,11.4 ;;' -ue , t ra PI I wv� r 1111 1711 _c .. c.x� F ...amv mov �x_ oma I moe � wmn ma am aov lrN u� / UN•1 [ip ¢i enex mew ,¢¢vr eax' nmv xmuar¢ n.n smmvr a mea' immr ruv rm'w' msvr svum'r P.IIY n]Y r�YQ 1 5]YYII•r AO®YRmA sse..ne ivm nme' v,r�r ww sxuirr � ,ww,m ®xeY Qe xort 4 amr me m nsm •� A vE x' [ - n / v wbxxr -, R _ 5 Y RAM wIFIm -n 1. w�grl6Y}lY rmr. emnm w w�iraO°cvea[4Opfaw wre mxow.i°o.° bn u¢ - Nnz Meru, �mN my x,��- �-C� Kn eYxLL�t ,art�M WTI lrt�ll[�[ffiGr�F19�P X4 N11Pr4WE grIOI 1MY Y,[LrM �ia�ni nsm •� A vE x' [ - n / LmNf. Ix1 aGM tm -, R _ 5 Y RAM wIFIm -n 1. r w ° 50 •00 w w�iraO°cvea[4Opfaw wre mxow.i°o.° - mrc¢mrn�vmwmruwxw Nlmb xmax w¢mo,m, wm NOrn rxan my x,��- �-C� Kn eYxLL�t "' e Pms¢¢wow oeegP sbx9s 4 71_a w WY O � e m, rt. as 4 E E 4 pu,ort fi_ n• to R ]u1Y II 11c -RDY W' 11 I yyyy O gaY NYNAi WeYH [Adl ' gtii -�� ammo Proposed Area of Brown - 'r` I _ �' Robertson Park to be Vacated for I 01 Street Right -of -Way - - r' n ¢orvv`O mmr wr nn M, oe� r.¢ rxwr zv mx¢xm m w w ba eavar became w �m m,m m aa. n¢ Mw�m rl xP oo¢ nr ormnub w earbm sumr m n<wvn p1vue wu cn��a°vne, a w�n�s s su¢ mvmx sc ry sm rmn* um- ,a- vo.4 -zm. b -x¢ ¢ -m, o -mz Wm sn ¢ sw issr, w. 10611 MOBr4IDA5'P]' ,art�M WTI lrt�ll[�[ffiGr�F19�P X4 N11Pr4WE grIOI 1MY Y,[LrM �ia�ni wmsm�� r m u m ,m. c-w. w,x usl+m. w Emoans Nvr„� m � ie[ m� Nmmm er vom va �mr. w[ � a awim o maarxb m � r w ° 50 •00 w w�iraO°cvea[4Opfaw wre mxow.i°o.° - mrc¢mrn�vmwmruwxw Nlmb xmax w¢mo,m, wm NOrn rxan my x,��- ANDERSON 8 ASSOCIATES, INC. "' e Pms¢¢wow oeegP sbx9s 0.556 ACRE FEE TAKE AREA CRY OF TAX PARCEL Cm O' ROANOKE, MOW s ALE r' -w Proposed Property to be Conveyed to the City to Establish ' a New Trailhead o.® ms® Proposed Property to be Conveyed to the City to Establish ' a New Trailhead Ch, Qkn,, IrtrI [ .,t, ph,B ' IL L-T ]014 K 2, 135611 0590' - r T [ T _ :EV!'NJLP ,F I'aSLL '.: - e T rr -. -. _ c- 0 -.If T - 1 nie it F E Figure 6 - e r «r, r T V r -LTn F N 1 (Parcel 079A F r, - a . r ff� T" LL _ .._ .--- ANDERSON & ASSOCIATES INC CITY OF ROANOKF, VIRGINIA 29376079A SCArT v5a - Qo4� 1 1 1 CITY OF ROANOKE - POV Attn Tina M. Can STEPHANIE M. MOON REYNOLDS - MMC, CITY CLERK 215 CHURCH AVE, SW, SUITE 456 NOEL C. TAYLOR MUNICIPAL BUILDING ROANOKE, VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication RECEIVED JUL 2 2 2015 CITY OF ROANOKE PLANNING eU1LDING A DEVELOPMENT Account Number 6011439 Date July 07, 2015 Data Category Descdptlon Ad Size Total Cost 0 710 712 01 5 Legal Notices PUBLIC HEARING- Planning Commission 1 x 157 L 1,501.84 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 - Planning was published in said newspapers on the following dates: 06130, 07/0712m5 The First insertion being given ... 061302015 Newspaper reference: 0000185415 BI ing Representative Sworn to and subscribed before me this Tuesday, July 7, 2015 .-. State of Virginia `�P OTAR CItylCOunty of Roanoke �,k 1 REG. #332964 My Commission expires .— /7— f��,°'°,'3 MY COMMIT SIOLN PHIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE ii huarinos advertised hurein Avenue. S.W., Any peRM With a dlMdllity hectoring any s peal accommodation to attend or participate In Me hearings should c tact Planning. Building and Duaelopment at (540) 11730 at least fbe days i to the Schel letl lesdns The City o1 Roanoke Plorm, Cemmlaslan Will hold public hearings on luly 13,1015,at 1:30 pm, or as soon as the matters may be Team, is consider these suggestions and Ra ... tc ADPllcation by Virginla Lutheran Nomvs, Inv, to amend Wnditie s proffered a5 part of a rezoning at 3804 Brandon Avenue, S.W., bemire Official gas Map Number Sull praviaum 2010 accepted by Antonini m DNmance No, 35200011910 The application is to smund Conditions by mill the previously admitted development plan enWlad "Brandon Oaks." dated July 26. 2003, amended October 29, 2M. subject to <enain drought. and the fil 15, Gweiile nn a ma.tmpm 9 Lilt per, 2.000 snit re mavimum floor m lemprehinslve plan IXopeny for residential Roanoke to the Cltya scatting and t to use an Donlon of as a A rested by the City of Roanoke to considm an ordinance amending the Fee Compendium of the City to establish the folawing neW tees kr, legal aMatisemenefs (or zoning amendments. special ¢ ... dons, varMnces, and engines to the board of uning appeal; such new fees hued pon sin0oslly goal to the qty of Roanoke by Section 15.2 2286 of the We of Virglnia(1950), AS amended: Legal adrertl6lhg fee far A only a mendmenteppludition SSW Legal admini fee to, a spacial exception Antoc donshamanism U50 Legal adVeNZMp fee to, a variadtt AppliWtion 9250 Legal advertising fee far an appeal to the Roam of youth, AppealsRW Tina M. Cam Secretary, Ofy Planning commispo n city Chosen will hold public bearings an the 1le111Wd applietdara and reguosts on July 20, 2015, at 7'.00 p.m., or as Bonn As the matters may be heard. Stephanie M. Moan Reynolds, MMC, CltyClerk (105415) 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. Copies of all proposed ordinances, including the ordinance to amend the Fee Compendium, together with information concerning the documentation for the new proposed fees, are available for review in the Department of Planning, Building and Development, Room 166, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, and in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 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 July 13, 2015, at 1:30 p.m., or as soon as the matters may be heard, to consider these applications and requests: Application by Southeastern Site Acquisitions, LLC, to rezone property located at 0 Daleton Road, N.E., bearing Official Tax Map Number 7130116, 2512 Daleton Road, N.E., bearing Official Tax Map Number 7130102, 0 Orange Avenue, N.E., bearing Official Tax Map Number 7130103, from CLS, Commercial -Large Site District, and 2548 Orange Avenue, N.E., bearing Official Tax Map Number 7130101, from CG, Commercial- General District, to MXPUD, Mixed Use Planned Unit Development District, with conditions. The proposed uses are multifamily dwelling and community center. The land use categories permitted in the MXPUD District include residential; accommodations and group living; commercial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory. The comprehensive plan designates the property for Mixed Residential and General Commercial, but does not specify density. Application by Virginia Lutheran Homes, Inc., to amend conditions proffered as part of a rezoning at 3804 Brandon Avenue, S.W., bearing Official Tax Map Number 5180304, previously accepted by City Council on January 19, 2010, by the adoption of Ordinance No. 38709 - 011910. The application is to amend conditions by replacing the previously adopted development plan entitled `Brandon Oaks," dated July 28, 2009, amended October 29, 2009, subject to certain changes, and the previously adopted landscape plan entitled `Planting Plan Prepared for Brandon Oaks," dated November 18, 2009, and associated proffers, with a development plan entitled `Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," dated May 26, 2015, subject to certain changes, and a landscape plan entitled "Landscape Plan for Brandon Oaks `The Pines'," dated May 26, 2015. The zoning of the property will remain Residential Multifamily (RMF), permitting these land use categories without proffered conditions: residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 1,000 s.f. of lot area and no maximum floor area ratio. The comprehensive plan designates the property for residential multifamily. A request by the City of Roanoke to amend Vision 2020, the City's comprehensive plan, by vacating and releasing the public's right to use an approximately 0.556 acre portion of Brown - Robertson Park to create right -of -way for the realignment of 10th Street, N.W., such real property located at 0 10th Street, N. W, bearing Official Tax Map Numbers 2050307 and 2050402, and by dedicating an approximately 0.220 acre of property across fifth Street to become part of Brown - Robertson Park for use as a trailhead parking area. A request by the City of Roanoke to consider an ordinance amending the Fee Compendium of the City to establish the following new fees for legal advertisements for zoning amendments, special exceptions, variances, and appeals to the board of zoning appeals, such new fees based upon authority granted to the City of Roanoke by Section 15.2 -2286 of the Code of Virginia (1950), as amended: Legal advertising fee for a zoning amendment application $550 Legal advertising fee for a special exception application amendment $250 Legal advertising fee for a variance application $250 Legal advertising fee for an appeal to the Board of Zoning Appeals $250 Tina M. Carr, Secretary, City Planning Commission City Council will hold public hearings on the aforesaid applications and requests on July 20, 2015, at 7:00 p.m., or as soon as the matters may be heard. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on Tuesday, June 30, 2015, and Tuesday, July 7, 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.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 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Clim"ch Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 'I "elephnne: (5411)853 -2541 Par: (541))8.53 -1145 S I'PI'll ANIP. M. MOON REYNOLDS, M MC R -mail: clerk(n9'aanpkeva.gar CF( 'ELIA "1'. WEBB, CIVIC City Clerk Acting Depaty City Clerk July 21, 2015 Estate of Terry McGeorge Paula R. Vineyard 1535 Fresno Street, N. W. Cynthia D. Vineyard Brown Roanoke, Virginia 24017 1541 Fresno Street, N. W. Roanoke, Virginia 24017 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 40306 - 072015 authorizing the acquisition of permanent drainage easements and a temporary construction casement on, over, and across certain parcels of real property, all in connection with the Fresno Street /Aspen Street Drainage Improvements Project; authorizing the acquisition of such easements by negotiation; authorizing the condemnation and exercise of the City's quick -take powers to acquire such permanent drainage easements and a temporary construction easement with respect to certain parcels of real property pursuant to Section 15.2 -1904 and Sections 25.1 -300, et. seq., Code of Virginia ( 1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements required by the City for certain improvements to the City's infrastructure with respect to the Fresno StreeVAspen Street Drainage Improvements Project, as provided in this ordinance by negotiation, or by condemnation and exercise of the quick -take powers. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2015; and is in full force and effect upon its passage. p Sincerely, a ry Stephanie M. Moon nol , MMC City Clerk Enclosure Estate of Terry McGeorge Paula R. Vineyard Cynthia D. Vineyard Brown July 21, 2015 Page 2 PC: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Damemn, Director of Finance Robert K. Bengtson, Director of Public Works Phillip C. Schirmer, City Engineer Dwayne R. D'Ardenne, Stormwater Manager M IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2015. No. 40306 - 072015. AN ORDINANCE authorizing the acquisition of permanent drainage casements and a temporary construction easement on, over, and across certain parcels of real properly, all in connection with the Fresno Street/Aspen Street Drainage Improvements Plcjecl; authorizing the acquisition of such easements by negotiation; authorizing the condemnation and exercise of the City's quick -take powers to acquire such pemnanent drainage easements and a temporary construction easement with respect to certain parcels of teal property pursuant to Section 15.2 -1904 and Sections 25.1 -300, et. seq., Code of Virginia (1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements required by the City for certain improvements to the City's infrastructure with respect to the Fresno Street/Aspen Street Drainage hnprovements Project, as provided in this ordinance by negotiation, or by condemnation and exercise of the quick -take powers; and dispensing with the second reading of this ordinance by title. WHEREAS, by Ordinance No. 39900- 040714, adopted April 7, 2014, City Council authorized the City to acquire by negotiation from private real property owners, certain storm drainage easements, temporary construction easements, other easements, rights of ingress and egress, and other real property interests required by the City in connection with the Fresno Street /Aspen Street Drainage Improvements Project (the "Project ',); WHEREAS, the propose of the Project is to reduce flooding and the accumulation of standing water on private and public properties, 0- Awhanzecandeinnmion proceedings f sno A.vpen nrvinvge Pus,u, 7-20.15 1 WHEREAS, the City has SLIC(ICSSIn Ily negotialed the acquisition of the necessary easements and other property interests from most of the affected real properly owners in connection with the Project, WHEREAS, the City has been unsuccessful in negotiating agreements to acquire the necessary casements fom the following owners of certain parcels of real property, situated in Roanoke, Virginia Property Owner of Terry McGeorge 1535 Fresno Street, NW 923 square: foot V permanent TM No. 2460285 storm drainage easement, and 723 square foot. temporary Paula R. Vineyard 1541 Fresno Street, NW 1,522 squareY foot LLpenmanent Cynthia D. Vineyard Brown TM No. 2460284 storm drainage easement The real property interests required by the City are more particularly identified and described in the City Council Agenda Report dated July 20, 2015 ("Report"); WHEREAS, the City entered into bona fide, good faith negotiations with the Estate of Terry McGeorge and offered the sum of $851.30 as just compensation for the permanent drainage easement and temporary construction easement, and the City was unable to acquire such easements from the Estate of Terry McGeorge, all as more specifically set forth in the Report; WHEREAS, the City entered into bona fide, good faith negotiations with Paula R. Vineyard and Cynthia D. Vineyard Brown and offered the sum of $1,061.65 as just compensation for the permanent drainage easement, and the City was unable to acquire the permanent drainage easement from Paula R. Vineyard and Cynthia D, Vineyard Brown, all as more specifically set forth in the Report; PAU @arim mndemnmfon 1-c 16111- 1` ,esn11 Aspen D, -rieca Proied. "1 -20-15 2 WHEREAS, the Project is critically important for the City's infrastructure, and it is essential that the City acquire all easements, rights -of -way and other real property interests required for the Project before the City can commence work on the Project; WHEREAS, the fair value of the required area of the property owned by the Estate of Terry McGeorge, together with damages, if any, to the remainder of such property is $851.30 , based on the 2014 assessed value of the property; WHEREAS, the fair value of the required area of the property owned by Paula R. Vineyard and Cynthia D. Vineyard Brown, together with damages, if any, to the remainder of such property is $1,061.65 , based on the 2014 assessed value of the property; WHEREAS, the Project is in the public interest and, pursuant to Section 2 of the City Charter, the City is specifically authorized to acquire interests in real property by condemnation as set forth in Chapter 19, Section 15.2 -1900 et. seq., Code of Virginia (1950) as amended; WHEREAS, a public hearing for July 20, 2015, has been duly advertised for City Council to consider this matter in accordance with the requirements of Section 15.2 -1903, Code of Virginia (1950) as amended; and WHEREAS, City Council held the public heating on July 20, 2015, to determine the necessity for the condemnation and the use of the City's quick -take powers in accordance with Section 15.2 -1903, Code of Virginia (1950), as amended, at which public hearing all persons and interested parties were provided an opportunity to express their position on this matter. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council finds and determines that the Project constitutes a public use within the meaning of Section 1- 219.1, Code of Virginia (1950) as amended, as the purpose of the Project is to construct infrastructure improvements to improve and alleviate drainage issues on public and private property, and that such improvements are in the public interest of the citizens of the City in that the O- Awl nrize...Acmnarion prooeedingsFreSno Aspen Dininagc Pmjeq. ) -2(ti15 3 Project involve the acquisition of casements and other property interests fm drainage lacilities, as set forth in Section 152 -1904, Code of Virginia (1950), as amended. 2 Council finds and determines the City requires certain drainage casements, as more specifically set forth in the Report and attachments themto, and Council authorizes the proper City officials to acquire Ra the City the following property interests h'om file following property owners (all as more specifically described in the Report) by continued negotiation: rty Owner Address and Official Tax Ma No. Real Property Interests Rc y McGeorge LPa.IaR. 1535 Fresno Street, N W TM No. 2460285 _ 923 square permanent storm drainage ment, and 7ea 723 square temporary constmction ea yard ineyard Brown 1541 Fresno Street, NW TM No. 2460284 1,5 22 square foot permanent storm drainage casement The City Manager is authorized to pay such consideration as he deems appropriate. 3. Upon acceptance of the City's offer, and delivery by such owners to the City of the easements needed for the Project, approved as to form by the City Attorney, the Director of Finance is directed to pay the agreed upon consideration to the owners of the property for such easements conveyed to the City, certified by the City Attorney to be entitled to the same. 4. Council hereby finds that a public necessity and public propose exists for the condemnation of such property interests stated in this Ordinance and the Report, and Council declares its intent to exercise its quick -take powers to acquire by condemnation the property interests described in this Ordinance and the Report, and, if in the event that continued negotiations with Estate of Terry McGeorge, and /or Paula R. Vineyard and Cynthia D. Vineyard Brown remain ineffectual, the City Attorney is authorized and directed to institute condemnation proceedings, including the exercise of the City's "quick take" powers of eminent domain in accordance with Section 15.2 -1904, and Section 25.1 -300 et. seq., Code of Virginia (1950), as amended, and to enter r -A W home condeimvtion pmcecdings hl sno Aspen D,ainage Pmieq. ] -2o -15 4 0 upon such real property and immediately acquire such property interests set forth in this Ordinance and mrna specifically set torch in the plats attached to the Repon, prior to Filing condemnation proccelings in the Circuit Coma ofthe ('icy of Roanoke, Virginia, in order for the City to commence construction of' llie PIaCCL 5. 'file Casements and other property interests acquired by the City pursuant to this Ordinance shall be used lur the purpose of conshmcling and installing, and storm drain facilities adjacent, and other lollasnaClure improvements needed for the projects. 6. Council finds and determines that the amount ofjust compensation due to the Estate of Terry McGeorge fill the permanent drainage easement and temporary construction easement, including damages, it' any, to the remainder of its property, is $851.30, or such amount to be determined by a third party appraisal of the casements and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher. Council finds and determines that the amount Of just compensation due to Paula R. Vineyard and Cynthia D. Vineyard Brown For the permanent drainage easement, including damages, if any for the remainder of their property, is $ 1,061 65, or such amount to be determined by a third patty appraisal of the easement, and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher 7. The appropriate City officials, including the Director of Finance, City Manager or City Attorney, are hereby severally authorized to (a) sign and file a Certificate of Take in the Circuit Corot of the City of Roanoke, and deposit the amount of $85130, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher, which amount represents the just compensation clue to the Estate of Teny McGeorge for the City's acquisition of such easements in its property, or to sign and file a Certificate of Deposit in lieu of such Certificate of Take, before entering and taking possession of the easements related to the real 0 -Am IOl, ttmdemmninr p.,cc,dm, F,ols. Aspen pminnge Rn,c 1 -10 -I S 5 property owned by the Estate of Terry McGeorge as described in this Ordinance in connection with the "quick take" condemnation process of such easement, in accorclance with the rcquncillents of Sections 25.1 -300 ct. seq., Code of Virginia (1950), as amended, or otherwise as povided by law; and (b) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount (1£ $1,061.65, or such amount to be determined by a third party appraisal of the easement, and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher, which amount represents the just compensation due to Paula R. Vineyard and Cynthia D. Vineyard Brown for the City's acquisition of such easement in their property, or to sign and file a Certificate of Deposit in lieu of such Certificate of Take, before entering and taking possession of the easement related to the real property owned by Paula R. Vineyard and Cynthia D. Vineyard Brown as described in this Ordinance in connection with the "quick take" condemnation process of such easement, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended, or otherwise as provided by law. 8. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance is hereby dispensed with by title. ATTEST : Clerk. ,t�t,� 0- NLLhorize eondmnnaiion pmcw&111- Fresno Aspen D.,, o,e. Pl,,M 9 -20-15 6 Q) CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2015 Subject: Authorization for Acquisition of Various Easements by "Quick Take" Eminent Domain for the Fresno Street -Aspen Street Stormwater Drainage Improvements Project Background: The Fresno Street -Aspen Street Stormwater Drainage Improvements Project ( "Project ") is a proposed City project for the purpose of making stormwater drainage infrastructure improvements in the neighborhood along the Fresno Street - Aspen Street corridor to alleviate stormwater runoff. This neighborhood suffers from inadequate drainage evidenced by standing water on road pavement and private property, which may contribute to flooding of private properties. Constructing the proposed storm drain system along this corridor would correct known drainage problems in this neighborhood. The estimated Project cost is $700,000. Pursuant to Ordinance No. 39900 - 040714, adopted by City Council on the 7'h day of April, 2014, City Council authorized City staff to acquire the necessary property interests needed for the Project from private property owners at fair market value, using bona fide, and good faith efforts at negotiation. These property interests consisted of permanent drainage easements and temporary construction easements. While City staff acquired the necessary real property interests from 10 of the affected property owners, City staff was unable to acquire certain easements needed for the Project from the property owners shown below, despite making reasonable, bona fide efforts to acquire the property at reasonable and just compensation. Property Owner Address Official Tax Map No. Real Property Interest Needed Estate of Terry 1535 Fresno St. 2460285 20 ft. public McGeorge drainage easement containing 923 sq. ft. and a 10 ft. temporary construction easement containing 739 sq. ft. Paula R. Vineyard 1541 Fresno St. 2460284 20 ft. storm drain and Cynthia D. easement Vineyard Brown containing 1,522 0 The proposed easements to be acquired from the Estate of Terry McGeorge and Paula R. Vineyard and Cynthia D. Vineyard Brown are more particularly shown on the plats attached to this report. City staff estimated the fair value of the easements and the damages to the residue of the remainder of the Estate of Terry McGeorge's property to be $851.30. This amount was based on the assessed value of the parcel, Tax Map No. 2460285, and was initially offered to the owner as just compensation for the acquisition of the easements. An appraisal of the easements is also being obtained by an independent third party appraiser. The City will make another attempt to negotiate the acquisition of these easements from the Estate of Terry McGeorge, and will offer his estate the amount of $851.30 or the appraisal amount, whichever amount is higher, as their just compensation for the easements, and any damages to the residue of the property. City staff estimated the fair value of the easements and the damages to the residue of the remainder of Paula R. Vineyard and Cynthia D. Vineyard Brown property to be $1,061.65. This amount was based on the assessed value of the parcel, Tax Map No. 2460284, and was initially offered to the owners as just compensation for the acquisition of the easement. An appraisal of the easement is also being obtained by an independent third party appraiser. The City will make another attempt to negotiate the acquisition of the easement from Paula R. Vineyard and Cynthia D. Vineyard Brown, and will offer such owners the amount of $1,061.65, or the appraisal amount, whichever amount is higher, as their just compensation for the easement and any damages to the residue of the property. Considerations: Terry McGeorge passed away before the City could complete negotiations to acquire the necessary easements across his property. His sole heir and owner of the property by operation of law is his daughter, Ms. Terrnisha M. James. In order for Ms. James to convey the easements to the City, she would need to complete and sign a Real Estate Affidavit under oath, stating that she is the sole heir of Terry McGeorge and owner of the property, and record such affidavit in the Circuit Court. Ms. James informed City staff that while she had no objections to the City's offer, she does not want to have any interest in the property, or be responsible for the real estate taxes assessed against the property. For those reasons, Ms. James declined to sign the paperwork presented to her by the City for the conveyance of the easements, and the City has not been able to acquire the easements. Moreover, the property is encumbered by a deed of trust held by a bank, for which foreclosure proceedings may be imminent, which further impacts title to the property. With respect to the property owned by Paula R. Vineyard and Cynthia D. Vineyard Brown, City staff has mailed offer letters and spoken with the owners on numerous occasions. The owners have not signed the paperwork presented to them by City staff for the easements to be conveyed to the City, despite repeated contacts by City staff. a All properties in the area, including the McGeorge parcel and Paula R. Vineyard and Cynthia D. Vineyard Brown's parcel, will benefit from completion of the Project. In order to commence and complete the Project, it is necessary for the City to acquire the real property interests described above from the owners, the Estate of Terry McGeorge and Paula R. Vineyard and Cynthia D. Vineyard Brown. Recommended Actions: City Council adopt the ordinance attached to this Report to make and authorize the following actions in order for the easements identified above to be acquired from the Estate of Terry McGeorge and Paula R. Vineyard and Cynthia D. Vineyard Brown: (1)Declare that the Project constitutes a public use within the meaning of Section 1 -219.1 of the Code of Virginia (1950) as amended, and that the easements and fee simple interest identified above are necessary for the Project. (2) Authorize City staff to attempt to acquire the easements identified above from the Estate of Terry McGeorge by negotiation, and offer the Estate of Terry McGeorge the amount of $851.30, or the forthcoming appraisal amount, whichever amount is greater, as the Estate of Terry McGeorge's just compensation for conveyance of the easements to the City, and damages to the residue of the property. (3) Authorize City staff to attempt to acquire the easements identified above from Paula R. Vineyard and Cynthia D. Vineyard Brown by negotiation, and offer Paula R. Vineyard and Cynthia D. Vineyard Brown the amount of $1,061.65, or the forthcoming appraisal amount, whichever amount is greater, as Paula R. Vineyard and Cynthia D. Vineyard Brown's just compensation for conveyance of the easements to the City, and damages to the residue of the property. (4) If such attempts at negotiation with the Estate of Terry McGeorge and Paula R. Vineyard and Cynthia D. Vineyard Brown are unsuccessful, authorize City staff to initiate "quick take" eminent domain proceedings in accordance with Section 15.2 -1904, and Section 25.1 -300 et. seq., Code of Virginia (1950), as amended, and other applicable law, and to enter upon Roanoke Official Tax Map No. 2460285 and Tax Map No. 2460284 to acquire such easements needed for the Project, and commence work on the Project. (5) Authorize the appropriate City officials, including the Director of Finance, City Manager or City Attorney, to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $851.30, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City if the amount of the appraisal is higher, which amount represents the just compensation due to the Estate of Terry McGeorge; or (b) sign and file a Certificate of Deposit in lieu of such Certificate of Take, in the Circuit Court of the City of Roanoke, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended. (6) Authorize the appropriate City officials, including the Director of Finance, City Manager or City Attorney, to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $1,061 .65, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City if the amount of the appraisal is higher, which amount represents the just compensation due to Paula R. Vineyard and Cynthia D. Vineyard Brown; or (b) sign and file a Certificate of Deposit in lieu of such Certificate of Take, in the Circuit Court of the City of Roanoke, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended. Christopher ----7" City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E., L.S., City Engineer David L. Collins, Assistant City Attorney Dwayne R. D'Ardenne, Stormwater Manager 0, FRESNO ST., NW (B/w VARIES) EDGE OF PAWnWOT?mor TO P.I. 0 IX 0 N 1^.S' T 0' COIF o- — T" IX W - /5116101610, OAIED SEPRMBER 29 2007, ZONED X (M9MOE0). I y. £ 2. BM FUT W RW PA WDNNFT W tENFRT OF A COWEIVT W �' I I d JWOMAEIE' R T AND BBRE MAY EAST ENLLCWBAACES NW? ARECT Of R M.B. MM BOq( D.fl OES BOp2 AWP m MAT ARE NOr SNONE AERELNE. 2 srDar Bepc TAX 82480204 00. 9 I, mAME ° PROPERTY OF �A b $ ^I I PAULA P. VINEYARD INSTRUMENT 8060000055 ART LOT D & P OF LOTS 3a _ S ME PLAFOff Or R65 FLIT 1s TO 0VT A AEW 2P PURTC MANAGE E F EASEMENT (1.572 SF.) AND DOTS 1 CDNSRNR A 601wOMY SLWN:1: 6. FOR C TX,, NOT ALL ffi 9 DPROED 13 TO HC SL9.ECT PROPERTY %% ME 9W NN ON 06.5 PUT. A L NAL TON MAP D.B. 874, PG. 259 -00-w- #fk- OFFICE OF CITY ENGINEER B. 1185, PG. 502 -- -TAX R76OXI PRCPERTY OF E rWNE HWN 16 WLOTENT /IL M6TO PMT 6 LOT E - A L 159 MAP ^ RR. 811, W. 259 IR 0 l I S AEIY iD al 3 0.H 11bA PC. 502 0 Ellssm (1,571 SF.) TAX PM02M >dB� PRp N OF E FAEPN A WADE i R ss.AyAf O.R. 1370 m 661 PMT OF LOT F - A L MM MM Da BTA, PO 259 XOW Oa 1165. PG 501 5l�A9AW1E iENCE .�� - -e Ry- - - u' w TSAR sppl0m ' MINK R. SIEWMT 1 j z X NSIRI.YfNr /030.VALE'H 3 � t0T 1, RLD3r 1 - WK.JOE ApgDW NOTES I I OR HIS. P0. b L MS PflO TY R NOT LOUIEB WM A � ROLO NAZMD AREI As DESCNAIEO BY RMA BAS 015NON 6 BASED LW M W9ECm OF ME LEGEND ROLV W ANLT RAZE MM AND NAS PEEN FEIA Nr61m. SEE MM 17 _r OT WAY /5116101610, OAIED SEPRMBER 29 2007, ZONED X (M9MOE0). X EXIST6NC 2. BM FUT W RW PA WDNNFT W tENFRT OF A COWEIVT W W WW R T AND BBRE MAY EAST ENLLCWBAACES NW? ARECT Of M.B. MM BOq( D.fl OES BOp2 AWP m MAT ARE NOr SNONE AERELNE. PG RAGE 1 M4RfNT OIINRh PAIAA P. MAIEYAO. a" flDERDA'L' WSMUNENT A'wo1A055 A. MS P F6 BA50 OR A CY.ARBIT FYLD SL9f . GRAPHIC SCALE S ME PLAFOff Or R65 FLIT 1s TO 0VT A AEW 2P PURTC MANAGE AO' o so• EASEMENT (1.572 SF.) AND DOTS 1 CDNSRNR A 601wOMY SLWN:1: 6. FOR C TX,, NOT ALL ffi 9 DPROED 13 TO HC SL9.ECT PROPERTY SLAEE 1' MY ME 9W NN ON 06.5 PUT. -00-w- #fk- OFFICE OF CITY ENGINEER ROANOKE VIRGINIA FRESNO STREET STORM DRAINAGE PROJECT 20' RAM MANAGE EASEMFNT (1,52,21F.) To ha CvOtad to TIE CP)Y OF ROANOKE by PAULA P. VEWARD aly of Roanok4 wsnia LO XN ASSOCIATES, P.C. SCALE: i' = 40' E NFFRS- 91RWYORS -PU MS 4664 BrVetm Acme. sw DATE: APRIL 24, 201 RmmXe, V 9'n b 21018 (54o 774-Aa1 PLAN NO. 6767 µ 2q'( N Ew OF PAfAIDIT FRESNO ST., NW (R/w YARAS) N AR•].S16FE I COW RO„PNw EX. P 61A•� n5u I$� � 00 � SRW OMKtl( I TAX 1#2460285 PRO ERTY OFr I 1 TERRY McGEORGE °tg INSTRUME, T #080015173 rAx /zseG2as LOT C — A L WALTON MAP I PRmFRrca D.B. 014, PG. 259 R I yp� WsnnAN>rT PAMA P. W Y*lO TAY 12460M I Fi LOT O e PMT OF LOTSN F F rc a A L WALM NAP I O.R. was, M 259 1 PRfsCOR I. RASNANm 0.fl 1165. PO. SOa RJSIRUKLOTa O091M - LOT R x m I I ALmm NM °I 1 O.R. 874, M 259 g MEW 20' NEW 10' z R 5 jj.7S IE z PERE W MACE IEwVwy CON50N,C00N >" a (923 F.) E 001 i (921 SF.) nTBeERrc A- s ss• aB' w esao' y� rM /zswau 1 SNARON D. s24fHS {10 NVl WS1RMPllT j1IXtlWIJ1 AJAX s 4474bY E NELSR'WMi I{ LOT 1, 9.00K I - MIER9Alf AOCRON ; AVE., NW mAr 1, 1r T 1NRnww nw TES D.H. ela. PG w ( ( /w) R.R. RIZ PG JO sD' R ORS PR F` IS NOT LOC4M MOM A WCAL 11000 HAZARO AREA AS OESRNATFR RY FENA RAs MAAOV 5 RASED W M W9CCRON OF RA' ROro LO YETWm. s NM LEGEND V,, Z X (I.ABM:ER) RAY R T OF WAY fIG 11WIT OF A UARtWT RRE R r AM EXSw P MON PW NFFCr RE PMX4RTY RAIT ARE NOT Y.B. MAP ROCK D.R OMO ROCK 71 M. PAGE CWT.. F. M FE A Ea rPw zD'PUatc ORAENICf FASFAwxr GRAPHIC SCALE WSNWAN EASOANT (7M SF.) ANO40' 0 40' Er. IELI3 RI RE SIA4FCT MR°LRTY ARE SCAM. 1' _ sw OFFICE OF CITY ENGINEER ROANOKE VIRGINIA FRESNO STREET STORM DRAINAGE PROJECT 20' PMIC DRAMAGE EASEMB'FT (92J SF.) k 10' TEMPORARY CONSIRUCWN EASEMENT (7J9 SF.) To be Granted to THE CITY OF ROANOKE by TERRY L YCCEORGE LUMSDEH ASSOCIATES, P.C. SCALE: 1" = 40' ENGINEERS- SUfl4EYpi5- PLANNERS 4%4 B.N.t. AYmoe. Sw DATE: MAR. 10, m, ; RoWe, YrgW. 24018 (540)n4 -4411 PLAN NO. 6767 0 The Roanoke Times Roanoke, Virginia Affidavit of Publication CIT OFROANOKE ENGINEERING 215 CHURCH AVE ROOM 350 ROANOKE, VA 24011 Account Number 6010637 Oate July O6, 2015 Date Category Deaoiplian Ad Size Total COST 0710 512 01 5 Municipal Nolioes NPH -Quick Take CorMemnation 4 x 5.00 IN ? 774 A0 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 NPH -Qwck Take Condemnati was published In said newspapers on the following dates: 06129.07/0612015 The Fire( Insertion being given ... 06129/2015 Newspaperreference: 0000163567 46 ', t 1 S46, "— Billing Represents t Sworn to and subscribed before me this MMoo�nday, July 6, 2015 4 ♦ �.'A— i Notary . is McENy �, P N State of Virginia ? �P.�'�NOI'ARV' :�F? 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Neyn0lds, Cin CMrk Z NOTICE OF PUBLIC HEARING Pursuant to the requirements of Section 15.2 -1903, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke, Virginia ( "City ") will hold public hearings at its regular meeting to be held on Monday, July 20, 2015, commencing at 7:00 p.m., or as soon thereafter as the matters may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, to consider adoption of ordinances authorizing the use of "quick take" condemnation proceedings for the acquisition of various easements across, on, and under certain privately owned real property, in connection with certain City infrastructure projects, more specifically described as follows: (A) An ordinance authorizing the acquisition of various easements by "quick take" condemnation proceedings pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq., of the Code of Virginia (1950) as amended, for the Fresno Street -Aspen Street Drainage Improvements Project, such easements to be across, on, and under the following described parcels of real property (i) located at 1535 Fresno Street, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2460285, and owned by the Estate of Terry McGeorge; and (ii) located at 1541 Fresno Street, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2460284, and owned by Paula R. Vineyard and Cynthia D. Vineyard Brown; for the purpose of making stormwater drainage infrastructure improvements in the neighborhood along the Fresno Street -Aspen Street corridor to alleviate stormwater runoff. (B) An ordinance authorizing the acquisition of various easements by "quick take" condemnation proceedings pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq., Code of Virginia (1950) as amended, for the Queen Avenue - Courtland Road Drainage Improvements Project, such easements to be across, on, and under the following described parcels of real property (i) located at 3140 Courtland Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2060702, and owned by Galen Eskew; and (ii) located at 0 Courtland Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2060746, and owned by Virginia Patterson; for the purpose of making stormwater drainage infrastructure improvements in the neighborhood along the Queen Avenue- Courtland Road corridor to alleviate stormwater runoff. (C) An ordinance authorizing the acquisition of various easements by "quick take' condemnation proceedings pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq, Code of Virginia (1950) as amended, for the Andrews /Cove Road Drainage Improvements Project such easements to be across, on, and under a certain parcel of real property located at 1610 Cove Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2450207, and owned by Joseph C. Moorman and Mary D. Moorman, for the purpose of making stormwater drainage infrastructure improvements in the neighborhood along the Andrews /Cove Road corridor to alleviate stormwater runoff. f The public hearings shall be for the purpose of determining whether each of the projects described above constitutes a public use, and whether the use of condemnation proceedings are necessary for the acquisition of such easements across, on, and under the real property described above. Citizens shall have the opportunity to be heard and express their opinions on said matter. Additional information on the projects described above, and copies of the proposed ordinances will be available in the City Clerk's Office beginning Monday, June 29, 2015. If you are a person with a disability who needs accommodations for these hearings, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, July 16, 2015. GIVEN under my hand this 24t11day of June, 2015. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish twice in The Roanoke Times, Legal Notices, as a block style ad, once on Monday, June 29, 2015, and once on Monday, July 6, 2015. Please send bill to: Phillip Schirmer, City Engineer 350 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540)853 -2731 Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2541 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 S 'FPIIANIC M. MOON REYNOLDS, MMC E -mail: ekrk(,e,uunokeva.gov CECELIA T. WEDD, CMC City Clerk Aeting Deputy City Clerk July 21, 2015 Galen Eskew Virginia Patterson 3140 Courtland Road, N. W. 1810 Spruce Street, #122 Roanoke, Virginia 24017 Martinsville, Virginia 24112 Dear Mr. Eskew and Ms. Patterson: I am enclosing copy of Ordinance No. 40307- 072015 authorizing the acquisition o1 permanent drainage easements on, over, and across certain parcels of real property, the acquisition of a temporary construction casement on, over, and across a certain parcel of real property, and the acquisition of a fee right -of -way with respect to a certain parcel of real property, all in connection with the Queen Avenue /Courtland Road Drainage Improvements Project; authorizing the acquisition of such real property interests by negotiation; authorizing the condemnation and exercise of the City's quick - take powers to acquire permanent drainage easements, a temporary construction easement, and a fee right -of -way, with respect to certain parcels of real property pursuant to Section 15.2 -1904 and Sections 25.1 -300, et. seq., Code of Virginia (1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements and fee right of way required by the City for certain improvements to the City's infrastructure with respect to the Queen Avenue /Courtland Road Drainage Improvements Project, as provided in this ordinance by negotiation, or by condemnation and exercise of such quick -take powers. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2015; and is in full force and effect upon its passage. Sincerely, (+'1 �eeFs/ Stephanie M. Moon REivricilds , MC City Clerk Enclosure Galen Eskew Virginia Patterson July 21, 2015 Page 2 PC: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Robert K. Bengtson, Director of Public Works Phillip C. Schirmer, City Engineer Dwayne R. D'Ardenne, Stormwater Manager 0C IN TIIU COUNCIL 0P'I'I IE CITY 01' ROANOKE, VIRGINIA The 20th day o£ duly, 2015. No. 40307- 072015. AN ORDINANCE authorizing the acquisition of pemanent drainage casements on, over, and across certain parcels of real property, the acquisition of a temporary construction easement on, over, and across a certain parcel of real property, and the acquisition of a fee right -of -way with respect to a certain parcel of real property, all in connection with the Queen Avenue /Courtland Road Drainage Improvements Project; authorizing tine acquisition of such real property interests by negotiation; authorizing the condemnation and exercise of the City's quick - take powers to acquire permanent drainage easements, a temporary construction easement, and a fee right- of-way, with respect to certain parcels of real property pursuant to Section 15.2 -1904 and Sections 25.1 -300, et. seq., Code of Virginia (1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements and fee right of way required by the City for certain improvements to the City's infrastructure with respect to the Queen Avenue /Courtland Road Drainage Improvements Project, as provided in this ordinance by negotiation, or by condemnation and exercise of such quick -take powers; and dispensing with the second reading of this ordinance by title. WHEREAS, by Ordinance No. 39805- 111813, adopted November 18, 2013, City Council authorized the City to acquire by negotiation from private real property owners, certain stomn drainage easements, temporary construction easements, other easements, rights of ingress and egress, and other real property interests required by the City in connection with the Queen Avenue /Courtland Road Drainage Improvements Project (tile "Project "); 0.Amhorim wndnm,etiun proceedings QueemC.,,Jo d Dininnge P1 110 7 -20.15 WHEREAS, the purpose of the Project is to reduce flooding and the accumulation of standing water on private and public properties, WHEREAS, the City has successfully negotiated the acquisition of the necessary casements and other property interests from most of the affected real property owners in connection with the Project, WHEREAS, the City has been unsuccessful in negotiating agreements to acquire the necessary easements and right -of -way from the following owners of certain parcels of real Property, situated in Roanoke, Virginia: Property owner Eskew 3140 Courtland Road, NW TM No. 2060702 Patterson 0 Courtland Road, NW TM No. 2060746 248 square foot permanent storm drainage easement; and 347 square foot, fee right -cf- 4,0/9 square foot permanent stonn drainage easement, and 1,557 temporary construction These properties and the real property interests required by the City are more Particularly identified and described in the City Council Agenda Report dated July 20, 2015 ( "Report"); WHEREAS, the City cut ered into bona fide, good faith negotiations with Galen Eskew and offered the sum of $2,283.86 for the permanent drainage easement and fee right -of -way, WHEREAS, although Galen Eskew agreed to accept the City's offer for the conveyance of such easement and fee right of way, the property is encumbered by a deed of trust held by a financial institution to secure a promissory note conveyed by Galen Eskew, which institution is unwilling to release the easement and fee right of way needed by the City from the deed of trust O- AUtLonze conaeinrc4lion pmceedings QuecnLounlena Dminuge Project 7 20 -15 2 unless the outstanding balance of the bank's loan is paid down by approximately $21,000, which the City and Galen Eskew arc nnWllling to do, all as more specifically set Forth in the Report; WHEREAS, the City entered into bona fide, good faith negotiations with Virginia Patterson and offered the sum of $3,395.70 for the permanent drainage casement and the temporary construction easement, and the City was unable to acquire the permanent drainage easement and the temporary construction easement from Virginia Patterson, all as more specifically set forth in the Report; WHEREAS, the Project is critically important for the City's infrashucture, and it is essential that the City acquire all easements, rights -of -way and other real property interests required for the Project before the City can commence work oil the Project; WHEREAS, the fair value of required area of the property owned by Galen Eskew, together with damages, if any, to the remainder of such property is $2,283.86, based on the 2014 assessed value of his property; WHEREAS, the fair value of the required area of the property owned by Virginia Patterson, together with damages, if any, to the remainder of such property is $3,395.70, based on the 2014 assessed value of her property; WHEREAS, the Project is in the public interest and, pursuant to Section 2 of the City Charter, the City is specifically authorized to acquire interests in real property by condemnation as set forth in Chapter 19, Section 15.2 -1900 et, seq., Code of Virginia (1950) as amended; WHEREAS, a public hearing for July 20, 2015, has been duly advertised for City Council to consider this matter in accordance with the requirements of Section 15.2 -1903, Code of Virginia (1950) as amended; and O- Awhmize eondenuwtlon pmccedinge QneenLuweland Drainage P jeer 7 20 -15 3 WHEREAS, City Council held the public hearing on .July 20, 2015, to determine the necessity for the condemnation and the use of the City's quick -take powers in accordance with Section 15.2-1903, Code of Virginia (1950), as amended, at which public healing all persons and interested patties were provided an opportunity to express their position on this matter. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: Council finds and determines that the Project constitutes a public use within the meaning of Section 1- 219.1, Code of Virginia (I 95f) as amended, as the purpose of the Project is to construct infrastructure improvemcnts to improve and alleviate drainage issues on public and private property, and that such improvements are in the public interest of the citizens of the City in that the Projects involve the acquisition of easements for drainage facilities, as set forth in Section 15.2 -1904, Code of Virginia (1950), as amended. 2 Council finds and determines the City requires certain easements and other real Property interests, as more specifically set forth in the Report and attachments thereto, and Council authorizes the proper City officials to acquire for the City the following property interests from the following property owners (all as more specifically described in the Report) by continued negotiation: Address and O(ticinl Tax Mao Eskew 3140 Courtland Road, TM No. 2060702 Patterson 0 Courtland Road, NW TM No. 2060746 0- Awbodme candcmnminn prorzedings Que111Cp11111und Damn... Pmjcci] 20.15 wa square toot permanent storm drainage easement; and 347 square foot fee right -of- `.,o iy square toot permanent stoma drainage easement, and 1,557 temporary construction The City Manager is authorized to pay such consideration as he deems appropriate. 3. Upon acceptance of the City's offer, and delivery by such owners to the City of the easements and other interests needed for the Project, approved as to form by the City Attorney, the Director of Finance is directed to pay the agreed upon consideration to the owners of the property for such easements and other property interests conveyed to the City, certified by the City Attorney to be entitled to the same. 4. Council hereby finds that a public necessity and public purpose exists for the condemnation of such property interests stated in this Ordinance and the Report and Council declares its intent to exercise its quick -take powers to acquire by condemnation the property interests described in this Ordinance and the Report, and, if in the event that continued negotiations with Galen Eskew, and /or Virginia Patterson remain ineffectual, the City Attorney is authorized and directed to institute condemnation proceedings, including the exercise of the City's "quick take" powers of eminent domain in accordance with Section 15.2 -1904, and Section 25.1 -300 et. seq., Code of Virginia (1950), as amended, and to enter upon such real property and immediately acquire such property interests set forth in this Ordinance and more specifically set forth in the plats attached to the Report, prior to filing condemnation proceedings in the Circuit Court of the City of Roanoke, Virginia, in order for the City to commence construction of the Project. 5. The easements and other property interests acquired by the City pursuant to this Ordinance shall be used for the purpose of constructing and installing, and stone drain facilities adjacent, and other infrastructure improvements needed for the Project. 6. Council finds and determines that the amount of just compensation due to Galen Eskew for the permanent drainage easement and fee right -of -way, including damages, if any, to 0.Autho�iareondemwiion Provicedfngs QuernCOUnWnd Druinegc PrgJ ,, 7 ?0 -15 5 the remainder of his property, is $2,283.86, or such amount to be determined by a third party uppraisaI of the casement and Fee right -of way, and damages, if any, done to I that is provided to the City by an appraiser retained by the City, fine amount of the appraisal is higher. Council finds and determines that the amount ofjust compensation due to Virginia Patterson for the permanent drainage casement and the temporary construction casement, including damages, if any for the remainder of her property, is $3,395.70, or such amount to be determined by a third party appraisal of the easements, and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City if the amount of the appraisal is higher. 7. The appropriate City officials, including the Director of Finance, City Manager or City Attorney, are hereby severally authorized to (a) sign and file a Certificate of Take in the Circuit Corot of the City of Roanoke, and deposit the amount of $2,283.86, or such amount to be determined by a third party appraisal of the easement and fee right -of -way and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher, witich amount represents the just compensation due to Galen Eskew for time City's acquisition of such easement and fee right -of -way, or to sign and file a Certificate of Deposit in lieu of such Certificate of Take, before entering and taking possession of the easement and fee right -of- way related to the real property owned by Galen Eskew as described in this Ordinance iu connection with the "quick take" condemnation process of such easement and fee right -of -way, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended, or otherwise as provided by law; and (b) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $3,395.70, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the 0.Anrhorizu wndcnna� ion pmcecAings Co D,a jngc P11eu9d015 City, if the amuunl of (he appraisal is higher, which amount represents thejust compensation due to Virginia Patuasun fur the city's acquisition of such easements related to her property, or to sign and file it Certificate of Deposit in lice of such Certificate of Take, before entering and taking possession of the easements related to the real properly owned by Virginia Patterson as described in this Ordinance in connection with the "quick take" condemnation process of such casements, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended, or otherwise as provided by law. S. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance is hereby dispensed with by title. ATTEST: City Clerk'""' 0.qu0io�ize wnUemnnlian proceeAings Qncen- Counland o,„inoU Pr jru,_Z20 -I S 7 aCITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2015 Subject: Authorization for Acquisition of Various Property Interests by "Quick Take" Eminent Domain for the Queen Avenue - Courtland Road Stormwater Drainage Improvements Project Background: The Queen Avenue - Courtland Road Stormwater Drainage Improvements Project ('Project ") is a proposed City project for the purpose of making storm water drainage infrastructure improvements in the neighborhood along the Queen Avenue - Courtland Road corridor to alleviate storm water runoff. This neighborhood suffers from inadequate drainage evidenced by standing water on road pavement and private property, which may contribute to flooding of private properties. Constructing the proposed storm drain system along this corridor would correct known drainage problems in this neighborhood. The estimated Project cost is $1,400,000. Pursuant to Ordinance No. 39805-111813, adopted by City Council on the 18" day of November, 2013, City Council authorized City staff to acquire the necessary property interests needed for the Project from private property owners at fair market value, using bona fide, and good faith efforts at negotiation. These property interests consisted of permanent drainage easements, temporary construction easements, and fee simple interests. While City staff acquired the necessary real property interests from 15 affected property owners, City staff was unable to acquire the easements needed for the Project from the property owners shown below, despite making reasonable, bona fide efforts to acquire the property at reasonable and just compensation. Property Owner Address Official Tax Map No. Real Property Interest Needed Galen Eskew 3140 Courtland Road 2060702 Fee simple 347 sq . ft. parcel and a 5 ft . storm drain easement containing 248 s . ft. Virginia Patterson 0 Courtland Road 2060746 15 ft. storm drain easement containing 4,679 sq. ft., and a 5 ft. temporary construction easement containing 1,557 s . ft. I%. The proposed real property interests to be acquired from Galen Eskew and Virginia Patterson are more particularly shown on the plats attached to this report. City staff estimated the fair value of the easements, the fee simple interest, and the damages to the residue of the remainder of Galen Eskew's property to be $2,283.86. This amount was based on the assessed value of Galen Eskew's parcel, Tax Map No. 2060702, and was initially offered to the owner as just compensation for the acquisition of the real estate interests. An appraisal of the easement and the fee simple interest is also being obtained by an independent third party appraiser. The City will make another attempt to negotiate the acquisition of these real estate interests from Galen Eskew, and will offer Galen Eskew the amount of $2,283.86 or the appraisal amount, whichever is higher, as his just compensation for the fee simple interest, the easement, and any damages to the residue of the property. City staff estimated the fair value of the easements and the damages to the residue of the remainder of Virginia Patterson's property to be $3,395.70. This amount was based on the assessed value of Virginia Patterson's real estate, Tax Map No. 2060746, and was initially offered to the owner as just compensation for the acquisition of the easements. An appraisal of the easements is also being obtained by an independent third party appraiser. The City will make another attempt to negotiate the acquisition of these easements from Virginia Patterson, and will offer Virginia Patterson the amount of $3,395.70, or the appraisal amount, whichever amount is higher, as her just compensation for the easements and any damages to the residue of the property. Considerations: While Galen Eskew has accepted the City's offer to purchase the fee simple portion of his property and the permanent drainage easement, the parties have been unable to close this transaction because the real estate at issue is encumbered by a deed of trust held by Green Tree Servicing, LLC ( "Green Tree'). Despite the City's efforts at requesting Green Tree to release the property interests needed by the City from the deed of trust, which efforts included offering to pay Green Tree the just compensation offered to Galen Eskew to be applied to the balance of his loan with Green Tree, Green Tree refuses to release the real estate interests needed by the City unless Galen Eskew's loan balance is paid down by approximately S21, 000, which the parties are unable to do. City staff and Virginia Patterson have been unable to reach an agreement for conveyance of the easements needed by the City on her parcel. Virginia Patterson explained to staff that she lives out of town, and only owns this one parcel of real estate in the City of Roanoke. She is trying to sell the entirety of this parcel, and is concerned the conveyance of the easements to the City will negatively impact the market value of the remainder of her property. While she has asked the City to purchase the entire parcel, the assessed value of this parcel by the City is $1 5,800, an amount substantially more than the fair value of the easements. City staff considered a redesign of the Project without acquiring the property interests described above. However, the property interests needed by the City from Galen Eskew and Virginia Patterson are critical to the Project and the Project cannot be redesigned around the affected parcels. All properties in the area, including Galen Eskew's parcel and Virginia Patterson's parcel, will benefit from completion of the Project. In order to commence and complete the Project, it is necessary for the City to acquire the real property interests described above from the owners, Galen Eskew and Virginia Patterson. Recommended Actions: City Council adopt the ordinance attached to this Report to make and authorize the following actions in order for the real property interests identified above to be acquired from Galen Eskew and Virginia Patterson: (1) Declare that the Project constitutes a public use within the meaning of Section 1 -219.1 of the Code of Virginia (1950) as amended, and that the easements and fee simple interest identified above are necessary for the Project. (2) Authorize City staff to attempt to acquire the easements identified above from Galen Eskew by negotiation, and offer Galen Eskew the amount of $2,283.86, or the forthcoming appraisal amount, whichever amount is greater, as the Galen Eskew's just compensation for conveyance of the easement and fee interest to the City, and damages to residue of his property. (3) Authorize City staff to attempt to acquire the easements identified above from Virginia Patterson by negotiation, and offer Virginia Patterson the amount of $3,395.70, or the forthcoming appraisal amount, whichever amount is greater, as Virginia Patterson's just compensation for conveyance of the easements to the City, and damages to the residue of her property. (4) If such attempts at negotiation with Galen Eskew and Virginia Patterson are unsuccessful, authorize City staff to initiate "quick take" eminent domain proceedings in accordance with Section 1 5.2 -1904, and Section 25.1 -300 ET. seq., Code of Virginia (1950), as amended, and other applicable law, and to enter upon Roanoke Official Tax Map No. 2060702 to acquire such fee simple interest and easement needed, and Tax Map No. 2060746 to acquire such easements, and commence work on the Project. (5) Authorize the appropriate City officials, including the Director of Finance, City Manager or City Attorney, to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $2,283.86, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City if the amount of the appraisal is higher, which amount represents the just compensation due to Galen Eskew; or (b) sign and file a Certificate of Deposit in lieu of such Certificate of Take, in the Circuit Court of the City of 7 Roanoke, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended. (6) Authorize the appropriate City officials, including the Director of Finance, City Manager or City Attorney, to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $3,395.70, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City if the amount of the appraisal is higher, which amount represents the just compensation due to Virginia Patterson, or (b) sign and file a Certificate of Deposit in lieu of such Certificate of Take, in the Circuit Court of the City of Roanoke, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended. Christopher P. Morrill City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Barbara A. Dameron, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Philip C. Schirmer, P.E., L.S., City Engineer David L. Collins, Assistant City Attorney Dwayne R. D'Ardenne, Stormwater Manager 1 NOTE: 1. THIS PLAT IS COMPILED FROM EXISTING RECORDS AND IS NOT THE RESULT OF A FIELD SURVEY, 2. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT. THERE MAY EXIST ENCUMBRANCES NOT SHOWN WHICH AFFECT THE SUBJECT PROPERTY. 3. THE SUBJECT PROPERTY IS NOT LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS DESIGNATED BY FEMA MAP PANEL NO. 51161C0162G REVISED SEPTEMBER 28, 2007. _--* - _ — L - -L e� CDURTLAND ROAD. ITI W� 4%y (R /W VARIES) 4 559'S8'E m 161 . S59'58'E ��15.00' NEW 5� PERMANENT 15.aE 5. Ilj_ STOR DRAIN EASEMENT o 4.6791 SF (0.143 AC.) �1 -- 5- T&PORARY l 9• CON UCTION EASEMENT r F� 11,55 SF (0.036 AC.) mJ L'_E NO Y TAX NO. WAI I4R E. 2060746 i BARDARA INS( RUMENT 5. DAVIS VIRGINIA S. 070016641 AX NO PATTERSON 20607A5 LOT 25 D 1406 TAX NO. —� PG. 696 2060746 WILL BK. 23y N27*30 E IPG. 10 312.36 HILL 2060/SI6 K I INSTRUMENT MOUNTAIN (��. I 0700165,11 ( INVESTORS LLL 1" S27.30�W TAX NO. I 311.46 2060760 HERMAN E- JR. & INSTRUMENT \ DEBORAH S. WALTO 0020008388 TAX NO. 2060747 .V ID .B. 1537 PG. 16919 I r dI I I — , I I F- I PHILIP C. SCHRMER Lic, No. 1554 6, G, 15.0• — QUEEN AVENUE N63' 24,W (VARIABLE RIG[ ',T OF WAY) SCALE 1' - 40' 0' 20' 40' OFFICE OF THE �' CITY ENGINEER ROANOKE PLAT SHOWING A 15' PERMANENT STORM DRAIN EASEMENT AND A 5' TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED FROM VIRGINIA S. PATTERSON. LOT 25, TINKER VIEW ADDITION CITY OF ROANOKE, VIRGINIA N.2s 13 INSTRUMENT 1 M IT sly eouHURRY COORDINATES �� xPAT E5SU�FOR TT. M W EILLEM XEMV ESPEw FKEXEM kR ^BT4 51_ vrt w:w a rvwm, oo- n. I LOTUT (.. Sl) USE STSET m- mun cm. A' ^ x�rts wu E EaxOECwRIUXOP awUES •M . xw CITY ENGINEER rn. m Po.XexS, "RGIXu 'IT w �� mr.x m¢. INSIPUNEXI'X aoO ' i The Roanoke Times Roanoke, Virginia Affidavit of Publication CHN OF ROANOKE - ENGINEERING 215 CHURCH AVE ROOM 390 ROANOKE, VA 24011 Account Number 6010637 Date July 06, 2015 Data Category Desviption Ad Size Total Casl 0710612015 Municipal Notices NPH -Quick Take Condemnation 4x 5.001N 277440 Publisher of the Roanoke Times 1, (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 NPH -Quick Take Condemned was published in said newspapers on the following dates: 06129,07106/2015 The First insertion being given ... 06/29/2015 Newspaper reference: 0000163567 fiL ', '( 1, Billing Represents 1 Sworn to and subscribed before me this Mo'nday, July 6, 2015 - J -� ' / /y / -- �yNotary 1u \ is V Av P ° C ��p11EN1jr� State of Virginia j ��Pr' NOTARY :��' City/County of Roanoke PUBLIC My Commission expires * ; REG, #332964 .: MVCOMMt3510N THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU ,,,,,,, A# NOTICE OF PUBLIC HEARING Pumumto lire reoaremenlsaseMum 152 -I9o], COtle q Yiry4a ('MM a madevmis neMyPubfie Iem 9 y nWltnncih6uurcAWNe cRyollbvMe. ur9ind l'ci1Y'IwIM ne4 W rye Net On Mes", Ja120.2015,w ers"' 9 at ]'W Mm., IN as men Im edfle! as tie MOMM, may be nlary, m me CbuMiI churls, 4NFkvr.Pmmasp. Mt1 C. TaYF✓ MUh e"'mf.215 "Mao peeve.S.W.Wgne'Oe Imli Va, 2401 I.10[rvnper a4gCm at h,,MM savUlmanlg Me We vl "Math Wass Cttgemnsucn PlCaemFgS ln! tl10 MqusII1g101.. razmlmb an0 , m, vp urges cMy'n lebakly marcJ red 01[9eM, NO Me aequblMr10, a IR r,h"lyaay in a RM1IMorryrvalNYOwmtl realpopery in wnmcbm "m "I City inlamueN''We, mue,assess aN dexribeb as Idbwa: W pn mGaz1[e aubmag the acpuiedem 01 emaiv zyanm8 by -WacF Wke- evnnmmmbn pm[em9ge pvev4 MMethes'15,2 -1904 a- Smtlm52s,19W a. wry., 01 Ile CMe 01 Vingena 1195V ae ananded, 1p Oe FteSm Street -0.spen Sanest O"Mans Mplvwmm6 Prgea4 mrtn euemmb to Me mo55. m, mb uMer IN Igbwag yesnip y pus IFhath meap p)Kraatans,25Fmm6VelI, N.W,flOaroFa, Vmpn40eum9 plfi W Tae Map W 246p295, and name 4 Me Estate of Tens, MtGedye abtllnlhxalN 11541 nal su Street, N.W. time, ., mM kabg Ofted Tae AMP Na. 2460264, and gvned by Paub P.lWyne aM CYnNh O.Nmprd Srwm; ryxllce Purmeebl.had sprmwdlertlraney eAmOUaNRimpmanmIs In the ne —MMMd anal the Fresno5Vml,pepen Street t�mdor 10 abes1aithhe D,amedBe �tPmbalarS9r @Pila9pw wlyl of mgrs genm6egae ejlgrryq '�V,hy!'tvmmaMprcreagcfvaaYo Setlun 152.19J1 arISmF-n5251- YA elyry..CWeM Wq'a I1XTraaneFYe.hue PSSFmepWhNM.Oid Nia9spiwmniraReCd .sN : o ¢ mmbbMmm . m . mueemebbno®a+VN WcdytlralPOPelb@ dobdal]140 rnamM 6mzxW. nuns, Wghhlx, nmleolrmTUMaprazo6mae .wowradMGam�Few:ent9 eolnnocaeunwmxW.wama nyeyd.xa*9urm *uFq, w.2ao]4s. uw aweo an/Vaye PiNam. aea.n xeryVAawnneN9 ammnb: memlwrormmxoa121mwlYnxm. x. W. pmaie, Ygne ,de + m9 mhfdiu la xn2om2azamo,vW ram6ss W: mrcwmzd�ags+ unaweuayerruonmreMwammunuerepaeladannu. aameamleeaMm�epudwmrma� .nlea.maacm�on. (elm uNmar"O.- hum91ne az enhu m 01 van0us eaRmenb by-MU¢F IaMe'cwdemnali0npm [ eetlMgs pumxntWSecum 15,2 -19m ane 5atents 25.1 -SW el. R, t,,de gVmyny 119501 xameM¢d IortRgMmeyCgeflmd WaNa9e Inglwenlmb RggtR[beyemsnts bda xm5s.on, alp Wera<erlain WItNOl rtalpopmy 4atm al I610[0re flo Y,N,W „pganaq,Vrynia. bamg 00i[e1im ALp x0. 2950YO],aMOwned bYJau C.MwmInaM MUy O.Mxlmul, lartne PJr0.ve olnvkpg st0m:rslm WaNa9e in12N,aIa! imp0rcmenb m IN M.glNomeat aag Me Mdd'LCaM gytl Mldq, hebannale sbmlwa@rrump. The pubtle nmM9s lw k M IM IM ba, Of hkrmnlllp Metier ettn of IN III. dasnh[d nave rnmulupa a MN, uR. he gnN1¢r Me use q wMpmnelM b- O,,rg,.ane[rsnry he the x@ usnen. OhM usba— M.— III .0b,andu.M.rNp0pnlydeRMeOeWre. arp lneazquWpn0l Na lee Ibl- we”, Metals ul lea PruKM taxnMtl sub.. ( Mme, slay nave IM 0p.4,bbe"and aM wpleu nzlr 0pbipns m 1.0 name, babbrY ml0rmalan nn IM proleels desmbM ON, and ONO Of INMo. a10euxes wp be .."N" Me City CY.MY ONIre NIMON) Mglday, June TJ 2p15, If You are a Permn wiry a Mmunwy qlp � otw�muhters her Ness ManNs, sense cM1ad 01e QtY GeM'SOX¢ eat( 540) 9532541, bases 12M Mnt 0n ThuMaY. JUky 16, 201 5 GNEN mmv my Iva MO 241n Stapxmye M M. NeYbobea, city ciaA NOTICE OF PUBLIC HEARING Pursuant to Tile requirements of Section 15.2 -1903, C'odc of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke, Virginia ( "City') will hold public hearings at its regular meeting to be held on Monday, July 20, 2015, commencing at 7:00 p.m., or as soon thereafter as the matters may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, to consider adoption of ordinances authorizing the use of "quick take" condemnation proceedings for the acquisition of various easements across, on, and under certain privately owned real property, in connection with certain City infrastructure projects, more specifically described as follows: (A) An ordinance authorizing the acquisition of various casements by "quick take" condemnation proceedings pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq, of the Code of Virginia (1950) as amended, for the Fresno Street -Aspen Street Drainage Improvements Project, such casements to be across, on, and under the following described parcels of real property (i) located at 1535 Fresno Street, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2460285, and owned by the Estate ofTeny McGeorge; and (it) located at 1541 Fresno Street, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2460284, and owned by Paula R. Vineyard and Cynthia D. Vineyard Brown; for the purpose of making stonnwater drainage infrastructure improvements in the neighborhood along the Fresno Street -Aspen Street corridor to alleviate stonnwater runoff. (B) An ordinance authorizing the acquisition of various easements by "quick take" condemnation proceedings pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq., Code of Virginia (1950) as amended, for the Queen Avenue- Courtland Road Drainage Improvements Project, such easements to be across, on, and under the following described parcels of real property (i) located at 3140 Courtland Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2060702, and owned by Galen Eskew; and (ii) located at 0 Courtland Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2060746, and owned by Virginia Patterson; for the purpose of making stonnwater drainage infrastructure improvements in the neighborhood along the Queen Avenue- Courtland Road corridor to alleviate stonnwater runoff. (C) An ordinance authorizing the acquisition of various easements by "quick take" condemnation proceedings pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq., Code of Virginia (1950) as amended, for the Andrews /Cove Road Drainage Improvements Project such easements to be across, on, and under a certain parcel of real property located at 1610 Cove Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2450207, and owned by Joseph C. Moorman and Mary D. Moorman, for the purpose of making stonnwater drainage infrastructure improvements in the neighborhood along the Andrews /Cove Road corridor to alleviate stonnwater runoff. The public hearings shall be for the purpose of determining whether each of the projects described above constitutes a public use, and whether the use of condemnation proceedings are necessary for the acquisition of such casements across, on, and under the real property described above. Citizens shall have the Opportunity to be heard and express their opinions on said matter. Additional information on the projects described above, and copies of the proposed ordinances will be available in the City Clerk's Office beginning Monday, June 29, 2015. If you are a person with a disability who needs accommodations for these hearings, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, July 16, 2015. GIVEN under my hand this 24t_day of June, 2015. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish twice in The Roanoke Times, Legal Notices, as a block style ad, once on Monday, June 29, 2015, and once on Monday, July 6, 2015. Please send bill to: Phillip Schirmer, City Engineer 350 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540)853 -2731 Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2541 tr� CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 5 - Roanoke,Virginia 24011 -1536 1clephnoe (54(1)953 -3541 Eaa: (5411) 953 -1145 L:nnul: clm'N(nhn,wokeva.upv CECELIA T. WEBB, CM(' S'1'ISPIIAN I li M. MOON REYNOLDS, MMC Ci Acting Deputy City Clerk R ('lerk July 21, 2015 Joseph C. and Mary D. Moorman 1610 Cove Road, N. W. Roanoke, Virginia 24017 Dear Mr. and Mrs. Moorman: I am enclosing copy of Ordinance No. 40308- 072015 authorizing the acquisition of a permanent drainage easement and the acquisition of a temporary construction easement, on, over, and across a certain parcel of real property, all in connection with the Andrews /Cove Road Drainage Improvements Project; authorizing the acquisition of such easements by negotiation; authorizing the condemnation and exercise of the City's quick -take powers to acquire such permanent drainage easement and temporary construction easement with respect to a certain parcel of real property pursuant to Section 15.2 -1904 and Sections 25.1 -300, et. seq., Code of Virginia (1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements required by the City for certain improvements to the City's infrastructure with respect to the Andrews /Cove Road Drainage Improvements Project, as provided in this ordinance by negotiation or by condemnation, and exercise of the quick -take powers. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2015; and is in full force and effect upon its passage. Sincerely, Stephanie M. Mon Rey Ids, MMC City Clerk Enclosure Joseph C. and Mary D. Moorman July 21, 2015 Page 2 PC: Christopher P. Morrill, City Manager Daniel J. Callaghan, City Attorney Barbara A. Dameron, Director of Finance Robert K. Bengtson, Director of Public Works Phillip C. Schirmer, City Engineer Dwayne R. D'Ardenne, Stormwater Manager .I� tt ' IN THE COUNCIL, OF THE CITY OF ROANOKF„ VIRGINIA The 20th day of July, 2015. No. 40308- 072015. AN ORDINANCE authorizing the acquisition of a permanent drainage easement and the acquisition of a temporary ConsoUction easement, on, over, and across a certain parcel of real Property, all in connection with the Andrews /Cove Road Drainage Improvements Project; authorizing the acquisition of such easements by negotiation; authorizing the condemnation and exercise of the City's quick -take powers to acquire such permanent drainage easement and temporary construction easement with respect to a certain parcel of real property pursuant to Section 15.2 -1904 and Sections 25.1 -300, et, seq., Code of Virginia (1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements required by the City for certain improvements to the City's infrastructure with respect to the Andrews /Cove Road Drainage Improvements Project, as provided in this ordinance by negotiation or by condemnation, and exercise of the quick -take powers; and dispensing with the second reading of this ordinance by title. WHEREAS, by Ordinance No. 40105- 111714, adopted November 17, 2014, City Council authorized the City to acquire by negotiation 5nm private real property owners, certain permanent storm drainage easements and temporary construction easements, other easements, rights of ingress and egress, and other real property interests required by the City in connection with the Andrews /Cove Road Drainage Improvements Project (the `Project "); WHEREAS, the propose of the Project is to reduce flooding and the accumulation of standing water on private and public properties, 0- Awhaiize condmnnnlimi prune dings Cove Andrews nreln , P,njcci.7 -20 15 WHEREAS, the City has successfully negotiated the acquisition of the necessary easements and other pruperty interests hiom most of the affected real property owners in connection with the Project, WHEREAS, the City has been unsuccessful in negotiating agreements to acquire the necessary easements from the following owners of a certain parcel of real property, situated in Roanoke, Virginia: Prooerty Owner Addre'ss and Real Prooerty Interests Official Tax Mao No Required Joseph C. Moorman 1610 Cove Road, NW — s uare foot Mary D. Moorman TM No. 2450207 q permanent storm drainage easement, and 1,044 square foot temporary The real property interests required by the City are more particularly identified and described in the City Council Agenda Report dated July 20, 2015 (`Report "); WHEREAS, the City entered into bona fide, good faith negotiations with Joseph C Moorman and Mary D. Moorman and offered the sum of $2,162.87 as just compensation for the permanent drainage easement and temporary construction easement, and the City was unable to acquire the permanent drainage easement and the temporary construction easement from Joseph C Moorman and Mary D. Moorman, all as more specifically set forth in the Report; WHEREAS, the Project is critically important for the City's infrastructure, and it is essential that the City acquire all property interests required for the Project before the City can commence work on the Project; WHEREAS, the fair value of the required easements needed by the City across the Property owned by Joseph C. Moorman and Mary D. Moorman, together with damages, if any, to the remainder of such property is $2,162.87, based on the 2014 assessed value of the property; OAUtLa'iu condcmoxlion ymaNings cove Andrew, nminope 1`111111 9 -2 0_f 5 2 WHEREAS, the Project is in the public interest and, pursuant to Section 2 of the City Charter, the City is specifically authorized to acquire interests in real property by condemnation as set forth in Chapter 19, Section 15.2 -1900 et. seq., Code of Virginia (1950) as amended; WHEREAS, a public hearing for July 20, 2015, has been duly advertised for City Council to consider this matter in accordance with the requirements of Section 15.2 -1903, Code of Virginia (1950) as amended; and WHEREAS, City Council held the public hearing on July 20, 2015, to determine the necessity for the condemnation and the use of the City's quick -take powers in accordance with Section 15.2 -1903, Code of Virginia (1950), as amended, at which public hearing all persons and interested parties were provided an opportunity to express their position on this matter. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: Council finds and determines that the Project constitutes a public use within the meaning of Section 1- 219.1, Code of Virginia (1950) as amended, as the purpose of the Project is to construct infrastructure improvements to improve and alleviate drainage issues on public and private property, and that such improvements are in the public interest of the citizens of the City in that the Project involves the acquisition of easements and other property interests for drainage facilities, as set forth in Section 15.2 -1904, Code of Virginia (1950), as amended. 2 Council finds and determines the City requires certain easements, as more specifically set forth in the Report and attaelunents thereto, and Council authorizes the proper City officials to acquire for the City the following property interests from the following property owner (all as more specifically described in the Report) by continued negotiation: 0- Au�Aaiiu u,ndrnmaiion pmwedings Cove Andrews Drolnage P,ecl 710 -15 3 Proaerty Owner Address and Official Tax Mao No. Real Proaerty Interests Rcuuired __ 3481 square foot permanent _ Joseph C Moorman 1610 _ Cove Road, N W Mary D. Moorman TM No. 2450207 storm drainage casement, and 1,044 temporary construction casement The City Manager is authorized to pay such consideration as he deems appropriate. 3. Upon acceptance of the City's offer, and delivery by such owners to the City of the easements needed for the Project, approved as to form by the City Attorney, the Director of Finance is directed to pay the agreed upon consideration to the owners of the property for such easements conveyed to the City, certified by the City Attorney to be entitled to the same. 4. Council hereby finds that a public necessity and public purpose exists for the condemnation of such easements stated in this Ordinance and the Report and Council declares its intent to exercise its quick -take powers to acquire by condemnation the easements described in this Ordinance and the Report, and, if in the event that continued negotiations with Joseph C. Moorman and Mary D. Moomran remain ineffectual, the City Attorney is authorized and directed to institute condemnation proceedings, including the exercise of the City's "quick take" powers of eminent domain in accordance with Section 15.2 -1904, and Section 25.1 -300 et. seq., Code of Virginia (1950), as amended, and to enter upon such real property and immediately acquire such easements set forth in this Ordinance, and more specifically set forth in the plats attached to the Report, prior to filing condemnation proceedings in the Circuit Court of the City of Roanoke, Virginia, in order for the City to commence construction of the Project. 5. The easements acquired by the City pursuant to this Ordinance shall be used for the purpose of constructing mad installing storm drain facilities and other infnistructwe improvements needed for the Project. O- AmhOIOP wndemnmian proceedings Cove And,,we Drainage Pro, w 7 -20 -IS 4 6. Council finds and determines that the amount ofjlist compensation due to Joseph C. Moorman and Mary D. Momman for the permanent drainage easement and temporary construction casement, including damages, if any, to the remainder of their property, is $2,162.87, or such amount determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher. 7. The appropriate City officials, including the Director of Finance, City Manager or City Attorney, are hereby severally authorized to sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $2,162.87, or such amount determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher, which amount represents the just compensation due to Joseph C. Moorman and Mary D. Moorman for the City's acquisition of such easements in their property, or to sign and file a Certificate of Deposit in lieu of such Certificate of Take, before entering and taking possession of the easements related to the real property owned by Joseph C. Moorman and Mary D. Moorman as described in this Ordinance in connection with the "quick take' condemnation process of such easements, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended, or otherwise as provided by law. 8. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance is hereby dispensed with by title. ATTEST: City Clerk. O AUAf .Otl.. wnAe,nnminn ymceedings Cove M6 ,, ominnre P,.i 7 20 -15 E CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2015 Subject: Authorization for Acquisition of Easements by "Quick Take" Eminent Domain for the Cove Road - Andrews Road Stormwater Drainage Improvements Project Background: The Cove Road- Andrews Road Stormwater Drainage Improvements Project ( "Project ") is a proposed City project for the purpose of making stormwater drainage infrastructure improvements in the neighborhood along the Cove Road and Andrews Road corridor to alleviate stormwater runoff. This neighborhood suffers from inadequate drainage evidenced by standing water on road pavement and private property, which may contribute to flooding of private properties. Constructing the proposed storm drain system along this corridor would correct known drainage problems in this neighborhood. The estimated Project cost is $300,000. Pursuant to Ordinance No. 401 05- 1 1 1 71 4, adopted by City Council on the 17 1h day of November, 2014, City Council authorized City staff to acquire the necessary property interests needed for the Project from private property owners at fair market value, using bona fide, and good faith efforts at negotiation. These property interests consisted of permanent drainage easements and temporary construction easements. While City staff acquired the necessary real property interests for the majority of the Project, City staff was unable to acquire the easements needed for the Project from the property owners shown below, despite making reasonable, bona fide efforts to acquire the property at reasonable and just compensation. Property Owner Address Official Tax Map No. Real Property Interest Needed Joseph C. Moorman 1610 Cove Road 2450207 20 ft. drainage & Mary D. Moorman easement containing 3,841 sq. ft. and a 5 ft. temporary construction easement containing 1,044 sq. ft. The proposed easements to be acquired from Joseph C. Moorman and Mary D. Moorman are more particularly shown on the plat attached to this report. City staff estimated the fair value of the easements and the damages to the residue of the property to be $2,162.87. This amount was based on the assessed value of the Mormons' parcel, Roanoke Official Tax Map No. 2450207, and was offered to the owners as just compensation for the acquisition of the easements. An appraisal of the easements is also being obtained by an independent third party appraiser. The City will make another attempt to negotiate the acquisition of the easements from the Moormans, and will offer the Moormans the amount of $2,162.87 or the appraisal amount, whichever is higher, as their just compensation for the easements. Considerations: The property owners, Joseph C. Moorman and Mary D. Moorman, have not accepted the City's initial written offer to acquire the easements identified above, after expressing concern to City staff that the drainage improvements would primarily benefit their adjacent neighbor's property, designated as Roanoke Official Tax Map No. 2450209, owned by Mr. Richard L. Taylor. While the drainage improvements to be made within the area of the proposed easements would provide a benefit to the Mormons' adjacent neighbor's property based on the physical characteristics of that property, all properties in the area, including the Moormans' parcel will benefit from completion of the Project. City staff made the strategic decision to place the proposed easements across the Moormans' parcel because if such easements were placed on their neighbor's property, the easements and the storm drain facilities to be installed within the area of the easements, would have to be physically located too close to their neighbor's house, posing a danger to the structure on that parcel. Locating the easements on the Moormans' parcel allows the easements and storm drain facilities to be placed in an open space area, a sufficient and safe distance from the Moormans' house. City staff considered alternative designs of the Project to avoid the need to acquire easements on the Moormans' parcel. The alternative design would increase the estimated cost for the Project to $700,000. In order to commence and complete the Project, it is necessary and essential for the City to acquire the easements described above from the owners, Joseph C. Moorman and Mary D. Moorman. Recommended Actions: City Council adopt the ordinance attached to this Report to make and authorize the following actions in order for the easements identified above to be acquired from Joseph C. Moorman and Mary D. Moorman: (1 )Declare that the Project constitutes a public use within the meaning of Section 1- 219.1, the Code of Virginia (1950) as amended, and that the easements identified above are necessary for the Project. (2) Authorize City staff to attempt to acquire the easements identified above from Joseph C. Moorman and Mary D. Moorman by negotiation, and offer the Moormans the amount of $2,162.87, or the forthcoming appraisal amount, whichever amount is greater, as the Moormans' just compensation for their conveyance of the easements to the City. (3) If such attempt at negotiation with Joseph C. Moorman and Mary D. Moorman is unsuccessful, authorize City staff to initiate "quick take" eminent domain proceedings in accordance with Section 15.2-1904, and Section 25.1 -300 et. seq., Code of Virginia (1950), as amended, and other applicable law, and to enter upon Roanoke Official Tax Map No. 2450207 to acquire such easements and commence work on the Project. (4) Authorize the appropriate City officials, including the Director of Finance, City Manager or City Attorney, to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $2,162.87, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City if the amount of the appraisal is higher, which amount represents the just compensation due to the Moormans; or (b) sign and file a Certificate of Deposit in lieu of such Certificate of Take, in the Circuit Court of the City of Roanoke, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended. erP -W 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., L.S., City Engineer Barbara A. Dameron, Director of Finance David L. Collins, Assistant City Attorney Dwayne R. D'Ardenne, Stormwater Manager 0 NOTES: 1. THIS PLAT WAS PREPARED WITHOUT TIE BENEFIT OF A CURRENT / TITLE REPORT AND THERE MAY BE ENCUMBRANCES WHICH AFFECT THE SUI PROPERTY. 2. THE CURRENT PROPERTY OWNER IS MSEPH C. AND MARY D. MOORMAN. REFERENCE ' INSTRUMENT No, 0000011936. ]. TIE PURPOSE OF THIS PLAT IS TO CREATE A PERMANENT 20' DRAINAGE EASEMENT OF 5001 sq, !L, AND A s TEMPORARY CONSTRUCTION EASEMENT W OF 1094 sq. IL AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. FOR CLARITY NOT A PHYSICAL IMPROVEMENTS M THE SUBJECT PROPERTY ` ARE SHOVM ON THIS PLAT. S. THIS PLAT IS BASED UPON A CURRENT FIELD SURVEY. 6. ACCORDING TO FEMA PANEL No. 51161CO161C THE SUi PROPERTY UES "THIN ROOD HAZARD ZONE "% ". AREAS DETERMINED TO BE OUTSIDE THE 0.2% CHANCE ROOD PLAIN. AP K0. {R LEGEND o IPF IRON PIPE FOUND l /j qqN o Pit IRON qCO FOUND Cltt EN INEE OA 0 PROPERTY CORNER COMRLED FROM RECORDS IPF? VILLA HEIGHTS / TAX 02450209 \ \ \ /.� JOSEPH C. AND MARY 0, MOORMAN \ uLOT 7, BLOCK 16. /g VILLA HEIGHTS ry /8 j PROPOSED PROPOSED 20' DRAINAGE 5' TEMPORARY EASEMENT CONSTRUCTION , EASEMENT EN k. EASEMENT / 1044 sq. ft. / N671616-E 3 ./0�1. ry / \ w C o NUd HEICHTB I 246.12 246.12' e w TA% #2450209 is RICHARD L TAYLOR O LOT 6C. BLOCK 1B /I In. 50 11 NLLA HEIGHTS ANDREWS /COVE ROAD STORMWATER DRAINAGE IMPROVEMENTS wpyTx OF PLAT SHOWING A PERMANENT 20' DRAINAGE EASEMENT AND TEMPORARY v 5' CONSTRUCTION EASEMENT TO BE ACQUIRED FROM r uq. No. 1460 JOSEPH C. AND MARY D. MOORMAN LOT 7, BLOCK 18 VILLA HEIGHTS d CITY OF ROANOKE, VIRGINIA SURF' %6�-& Draper Aden Associates DRAWN: JFF SCALE: 1' 590 -1-9 • saMnnx - E.- roPe„mis— CHECKED: LINK =50' DATE' 11 -24 -14 2208 Au%Main seml PI Baeuwm. vA 246m :,nq°'bi„ sslAVA sW55204H Pw: PROJECT: 6131798 -015 51ass2pz91 C ®q,K The Roanoke Times Roanoke, Virginia Affidavit of Publication CHN OF ROANOKE - ENGINEERING 215 CHURCH AVE ROOM 350 ROANOKE, VA 24411 Account Number 601063] Bate July 06, 2015 Date Category Delimptlon Ad Size Total Coal 071062015 Municipal Noticea NPH -Ooick Take Condemnation 4x 5,00 IN 2.97640 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 NPH -Oulck Take Condemnao was published in said newspapers on the following dates: 06129. OII0612015 The First insertion being given ... 06129/2015 Newspaper reference: 0000163567 Billing Represents 1 Sworn to and subscribed before me this Monday, July 6, 2015 / Notary State of Virginia City /County of Roanoke My Commission expires n - ---1� trn, �, yr• "I McErV/,, NOTARY PUBLIC * ; REG. #332964 .-.: MY COMMISSION :—Z THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU ,, ,,, I NOTICE OF PUBLIC HEARING vnrsgm btlrereouremenk US.. 15.2-11103.Cadle of MlgYna 09501a amwmeb, mace IS MMY"."WhetcJyCIOUI the Clly of Myaae,ylrg'ulu(Thy.) MI had puaM1C Mamgs at It regmarmrellrl9 to W to, on MODU,. Ury 20.2015, mmmOwm,, at ):W p m „al a stun N tafft"x the mailers mey Ee MarO, In pe CounCtlCMmSer, qN FM. Fwm 4”. 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Moo. gry.lcle city CMa NOTICE OF PUBLIC HEARING Pursuant to the requirements of Section 152 -1903, Code of Virginia (1950) as amended, notice is hereby given that the City Council of the City of Roanoke, Virginia ( "City ") will hold public hearings at its regular meeting to be held on Monday, July 20, 2015, commencing at 7:00 p.m., or as soon thereafter as the matters may be heard, in the Council Chamber, 4th Floor, Room 450, Nocl C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, to consider adoption of ordinances authorizing the use of "quick take" condemnation proceedings for the acquisition of various easements across, on, and under certain privately owned real property, in connection with certain City infrastructure projects, more specifically described as follows: (A) An ordinance authorizing the acquisition of various easements by "quick take" condemnation proceedings pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq., of the Code of Virginia (1950) as amended, for the Fresno Strcet -Aspen Street Drainage Improvements Project, such easements to be across, on, and under the following described parcels of real property (i) located at 1535 Fresno Street, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2460285, and owned by the Estate of Terry McGeorge; and (it) located at 1541 Fresno Street, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2460284, and owned by Paula R. Vineyard and Cynthia D. Vineyard Brown; for the purpose of making stonnwater drainage infrastructure improvements in the neighborhood along the Fresno Strcet -Aspen Street corridor to alleviate stormwater runoff. (B) An ordinance authorizing the acquisition of various easements by "quick take' condemnation proceedings pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq., Code of Virginia (1950) as amended, for the Queen Avenue - Courtland Road Drainage Improvements Project, such easements to be across, on, and under the following described parcels of real property (i) located at 3140 Courtland Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2060702, and owned by Galen Eskew; and (ii) located at 0 Courtland Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2060746, and owned by Virginia Patterson; for the purpose of making stomrwater drainage infrastructure improvements in the neighborhood along the Queen Avenue - Courtland Road con idor to alleviate stormwater runoff. (C) An ordinance authorizing the acquisition of various easements by "quick take' condemnation proceedings pursuant to Section 15.2 -1904 and Sections 25.1 -300 et. seq., Code of Virginia (1950) as amended, for the Andrews /Cove Road Drainage Improvements Project such easements to be across, on, and under a certain parcel of real property located at 1610 Cove Road, N.W., Roanoke, Virginia, bearing Official Tax Map No. 2450207, and owned by Joseph C. Moorman and Mary D. Moorman, for the purpose of making stormwater drainage infrastructure improvements in the neighborhood along the Andrews /Cove Road Corridor to alleviate stormwater runoff. The public hearings shall be for the purpose of determining whether each of the projects described above constitutes a public use, and whether the use of condemnation proceedings are neces's'ary for the acquisition of such casements across, on, and under the real property described above. Citizens shall have the opportunity to be heard and express their opinions on said matter. Additional information on the projects described above, and copies of the proposed ordinances will be available in the City Clerk's Office beginning Monday, June 29, 2015. If you are a person with a disability who needs accommodations for these hearings, please contact the City C'lerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, July 16, 2015. GIVEN under my hand this 24ehday of June, 2015. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: please publish twice in The Roanoke Times, Legal Notices, as a block style ad, once on Monday, June 29, 2015, and once on Monday, July 6, 2015. Please send bill to: Phillip Schirmer, City Engineer 350 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2731 Please send affidavit of publication to: Stephanie M. Moon Reynolds, City Clerk 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2541 A,, -/ 116 of -I) Community Cultivators Inc. presents REVITALIZING OUR COMMUNITY "PUTTING ROANOKE BACK TO WORK 11 STREET RALLY An event that will address the issues that are plaguing our communities to the DETRIMENT. It is time that we come together as a community and make it a safe, revitalized and econamiCally sound place to live. Join us to: CONNECT THOSE WHO WANT TO WORK WITH A JOB, whether you have a criminal background or not we will help you find employment. REVITALIZE THE URBAN COMMUNITIES by restoring abandoned buildings, promoting business growth and having resources available in the neighborhoods. ADDRESS THE RISING CRIME ISSUES that are becoming prevalent. ENSURE THAT EVERY RETURNED CITIZEN [ex- offender] who is eligible APPLY TO HAVE THEIR RIGHTS RESTORED. PLUS - EMPLOYERS - JOB FAIR - ENTERTAINMENT VARIOUS SPEAKERS - FOOD VENDORS - FUN FOR KIDS THE PUBLIC IS INVITED! JULY 24TH 2015 1 11:00AM- 8:00PM Yi1S 11TH & MELROSE I ROANOKE, VA =T ShawnHunter277@ayahoo.com Hunter 540.278.3551