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HomeMy WebLinkAboutCouncil Actions 07-20-20ROANOKE CITY COUNCIL REGULAR SESSION JULY 20, 2020 2:00 P.M. CITY COUNCIL CHAMBER 215 CHURCH AVENUE, S. W. AGENDA WHITE -BOYD 41802 - 072020 The City of Roanoke is a safe, caring and economically vibrant community in which to live, learn, work, play and prosper A vibrant urban center with strong neighborhoods set amongst the spectacular beauty of Virginia's Blue Ridge 1. Call to Order - -Roll Call. All present (Council Members Bestpitch and Osborne participated via telephone conference) Mayor Lea announced he received requests from Council Members Bestpitch and Osborne to allow participation in the meeting via telephone in the 2:00 p.m. and 7:00 p.m. meetings of Council. Council voted unanimously to allow both to participate in the meeting via telephone. Mayor Lea called for a Moment of Silence in memory of the late Civil Rights Advocates Congressman John R. Lewis and the Reverend C.T. Vivian, who both passed away on Friday, July 17, 2020. The Invocation was delivered by The Reverend Steve Hall, Pastor, Roanoke Valley Bible Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. 1 2. NOTICE: This afternoon'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 through Facebook Live at facebook.com /RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: The Council of the City of Roanoke is seeking applications for the following current vacancies and /or upcoming expirations of terms of office: City Planning Commission — one vacancy City of Roanoke Finance Board — one vacancy Mill Mountain Advisory Board — one vacancy Roanoke Valley Regional Cable Television Committee — one vacancy Towing Advisory Board - one vacancy Youth Services Citizen Board - three vacancies Access the City's homepage to complete an online application for the abovementioned vacancies. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of new School Superintendent Verletta White and School Board Trustee Natasha Saunders. The Mayor recognized Ms. White and Ms. Saunders, and welcomed Ms. White to the City of Roanoke and Ms. Saunders to the School Board. Dr. Patricia Sagasti Suppes, Ph.D., Associate Professor of Spanish representing Roanoke Sister Cities, presented photos and information with regard to a trip to Pskov, Russia, and presented Mayor Lea with a gift. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. 4. CONSENT AGENDA: (APPROVED 7 -0) All matters listed under the Consent Agenda are considered 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. F, C -1 Minutes of the regular meetings of City Council held on Monday, June 15, 2020; and Monday, July 6, 2020. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from Mayor Sherman P. Lea, Sr., requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2- 3711(A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -3 A communication from the City Clerk advising of the resignation of Cindy Pasternak as a member of the Roanoke Neighborhood Advocates, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C -4 Annual Report of the City of Roanoke Pension Plan Defined Contribution Board for the time period of July 1, 2019 through June 30, 2020. RECOMMENDED ACTION: Received and filed. C -5 Annual Report of the City of Roanoke Pension Plan, Board of Trustees for the time period of July 1, 2019 through June 30, 2020. RECOMMENDED ACTION: Received and filed. C -6 Annual Report of the City of Roanoke Finance Board for the time period of July 1, 2019 through June 30, 2020. RECOMMENDED ACTION: Received and filed. C -7 Reports of qualification of the following individuals: Dr. Thomas Powers, Jr., as a member of the Roanoke Civic Center Commission for a three -year term of office commencing October 1, 2020 and ending September 30, 2023; Robert S. Cowell, Jr., as the City Employee representative of the Hotel Roanoke Conference Center Commission for a term of office ending April 12, 2021; William Penn as a member of the Roanoke Arts Commission for a three -year term of office, commencing July 1, 2020 and ending June 30, 2023; Auraliz Quintana as a member of the Roanoke Public Library Board for a three -year term of office ending June 30, 2023; 3 Marc B. Nelson as a City employee member of the Board of Trustees, City of Roanoke Pension Plan for a two -year term of office ending June 30, 2022; and Battalion Chief Clarence Turpin as the Public Safety representative of the Board of Trustees, City of Roanoke Pension Plan for a two - year term of office ending June 30, 2022. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. Acceptance of the Rescue Squad Assistance Fund Grant from the Virginia Department of Health, Office of Emergency Medical Services towards the purchase of heart monitors and defibrillators. Adopted Resolution No. 41802 - 072020 and Budget Ordinance No. 41803-072020. (7 -0) 2. Acceptance of 2020 - 2021 Community Development Block Grant, HOME Investment Partnerships Program and Emergency Solutions Grant Funds. Adopted Resolution No. 41804 - 072020 and Budget Ordinance No. 41805-072020. (7 -0) 3. Execution of Change Order No. 2 to the contract between the City of Roanoke and Aaron J. Conner in connection with the Cove Road /Dansbury Drive Drainage Improvement Project. Adopted Resolution No. 41806 - 072020. (7 -0) 4. Execution of Amendment No. 6 to the Agreement for Purchase and Sale of Real Property for development of a downtown parking facility and hotel at 116 and 120 Church Avenue, S. E. Adopted Ordinance No. 41807 - 072020. (7 -0) 4 COMMENTS OF THE CITY MANAGER. The City Manager offered the following comments: Budget Document Available • Management and Budget staff will be providing a link to the FY21 Adopted Budget document to City Council members following the afternoon Council session. The document will also be posted on the City's website, on the Management and Budget webpage, and hard copies will be made available at the City Clerk's Office and at the Main Library. Pedestrian Safety Campaign • Last week, the City launched a new pedestrian safety campaign, with the slogan "Every Corner is a Crosswalk." • The message is simple: In Virginia, every corner is a crosswalk, whether it's painted or not • This campaign will reinforce that drivers need to stop if pedestrians are present at corners or crosswalks, and that pedestrians need be predictable by crossing at the corner or a designated crosswalk. • The campaign launched last Monday, and kicked off on Friday with a Facebook Live virtual event hosted by Ride Solutions. 811/911 Center Dedication • The city will hold a dedication ceremony for the new 811/911 Communication Center on Thursday, Aug. 6, at 10 a.m. at its location on Blue Hills Circle. • Also at this event we will recognize the installation of new public art, "Guidance Tower," which was commissioned for the Center to recognize the important work of our E -911 staff that occurs in the facility and the partnership with Virginia 811. b. CITY ATTORNEY: Approval of the Amended and Restated Articles of Incorporation for the Roanoke Valley Broadband Authority. Adopted Resolution No. 41808 - 072020. (7 -0) 2. Amendment of the City Code, Chapter 14.1, Solid Waste, to align with state regulations and clarify aspects of the code. Adopted Ordinance No. 41809 - 072020. (7 -0) 5 3. Extension of the term of Ordinance No. 41703 - 032720, as supplemented by Ordinance No. 41709, as reinstated, reordained and reaffirmed by Ordinance No. 41797 - 070620. Adopted Ordinance No. 41810 - 072020. (7 -0) 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 City Manager recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Budget Ordinance No. 41811 - 072020. (7 -0) b. Presentation with regard to findings and recommendations of the Star City Strong Recovery Fund Task Force. Mayor Sherman P. Lea, Sr. Received and filed. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. Amendment of the City Code in connection with the newly created Equity and Empowerment Advisory Board. Adopted Ordinance No. 41812 - 072020. (7 -0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Vice -Mayor Cobb presented an update from the Task Force to Reduce Gun Violence Study Committee and shared that the Committee met virtually on Friday, July 17. He reported that the Committee received funding from the City of Roanoke in the amount of $75,000.00 and an additional $75,000.00 grant for work of the Study Committee, hiring of a Coordinator and formation of a reset volunteer team. The rapid engagement support team will offer assistance and resources to residents following a homicide or other traumatic event. He noted that the Human Resources Department currently narrowed the number of applicants and scheduling interviews over the next few weeks. He reviewed the work of the Gun Violence Task Force and noted that the Committee was extremely concerned about the urgency and need to remedy violence in the city and understood it must be a community response effort to deter these acts of violence. Mayor Lea made a brief statement with regard to a solution and thanked Vice -Mayor Cobb for his work on the Gun Violence Task Force Committee. Council Member Osborne commented that she was amazed at the new construction of Fire Station #7; visited the "End Racism" mural painted on Campbell Avenue; commended the artists for their exemplary work and amazing display of creativity; and expressed concern with regard to her participation at Council meetings in the Council Chamber due to the continued rise in COVID -19 cases in the region and would like to explore other alternatives for future Council meetings. b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. 12. RECESSED - AT 4:42 P.M., THE COUNCIL MEETING WAS DECLARED IN RECESS FOR A CLOSED MEETING IN THE COUNCIL CHAMBER; AND THEREAFTER RECONVENED AT 7:00 P.M., IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. 7 ROANOKE CITY COUNCIL REGULAR SESSION JULY 209 2020 7:00 P.M. CITY COUNCIL CHAMBER 215 CHURCH AVENUE, S. W. AGENDA 1. Call to Order - -Roll Call. All present (Council Members Bestpitch and Osborne participated via telephone conference) Mayor Lea called for a Moment of Silence in memory of the late Civil Rights Advocates Congressman John R. Lewis and the Reverend C.T. Vivian, who both passed away on Friday, July 17, 2020. The Invocation was delivered by The Reverend Dana Hensley, Pastor, First Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. CERTIFICATION OF CLOSED MEETING. (7 -0) Appointed Jane Missell to replace Robert Leftwich as a member of the Roanoke Valley Regional Cable Television Committee for a three -year term of office ending June 30, 2023; waived residency requirement. Waived residency requirement for Husain B. Alam as a member of the Architectural Review Board, which appointment was made at the July 6, 2020, Council Meeting. 5] Ratified the reappointment of Carolyn Glover as a City Retiree representative of the Board of Trustees, City of Roanoke Pension Plan for a two -year term of office, commencing July 1, 2020 and ending June 30, 2022; waived residency requirement. Appointed Council Members Bestpitch and White -Boyd as Elected Official representatives of the Equity and Empowerment Advisory Board. 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 through Facebook Live at face book.com /RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. A. PUBLIC HEARINGS: 1. Request of Glade Creek Development, LLC, to rezone and repeal the single condition proffered as part of a previous rezoning for multiple properties located on Savannah Drive and Georgia Court from MXPUD, Mixed Use Planned Unit Development, to R -5, Residential Single - Family District. Richard C. White, Agent, Spokesperson. Adopted Ordinance No. 41813- 072020. (7 -0) 2. Request of Northbridge Properties, LLC, to rezone and repeal all conditions previously proffered as part of a previous rezoning for properties located at 2006 Peters Creek Road, N. W., 4425 Northwood Drive, N. W., 4431 Northwood Drive, N. W., and a portion of 2032 Peters Creek Road, N. W., from CG, Commercial - General District; R -7, Residential Single - Family District; and CG, Commercial - General District, with conditions, to CLS, Commercial -Large Site District, with conditions. Ben Crew, Balzer and Associates, Inc., Spokesperson. Adopted Ordinance No. 41814 - 072020. (7 -0) 3. Request of Grandin Court Baptist Church to rezone property located at 2600 Sweetbrier Avenue, S. W. and 0 Spring Road, S. W., from IN, Institutional District, to R -7, Residential Single - Family District. Ben Crew, Balzer and Associates, Inc., Spokesperson. Adopted Ordinance No. 41815 - 072020. (7 -0) ir] 4. Request of the City of Roanoke to amend Chapter 31.1, Subdivisions, Code of the City of Roanoke, (1979), as amended, for clarification and to make the ordinance more user friendly. Ian Shaw, Agent, Spokesperson. Adopted Ordinance No. 41816- 072020. (7 -0) 5. Request of the City of Roanoke to amend Chapter 36.2, Zoning, Code of the City of Roanoke, (1979), as amended, for clarification and consistency with State law. Ian Shaw, Agent, Spokesperson. Adopted Ordinance No. 41817 - 072020. (7 -0) 6. Request of Local Environment Agriculture Project (LEAP) for designation of its real property, located at 1718 Salem Avenue, S. W., as exempt from taxation. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41818 - 072020. (7 -0) 7. Proposal of the City of Roanoke for authorization of General Obligation Public Improvement Bonds in the principal amount of not to exceed $29,320,000 and appropriation of funds for capital projects. Robert S. Cowell, Jr., City Manager. Adopted Resolution No. 41819 - 072020 and Budget Ordinance No. 41820 - 072020. (7 -0) B. OTHER BUSINESS: 1.a. Petition for Appeal filed by Robert Eanes and Robert Scrimshaw on behalf of Calico Enterprises, LLC, appealing a decision of the Architectural Review Board denying a request to install OG gutters at 638 Marshall Avenue, S. W. Robert Scrimshaw, Spokesperson. b. A report of the Architectural Review Board recommending that City Council affirm its decision to deny the request, which is not consistent with H -2 Guidelines. Bill Mason, Vice - Chairman, Spokesperson. City Council reversed the decision of the Architectural Review Board. (6 -1, Council Member Bestpitch voting no) C. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Freeda Cathcart, 2516 Sweetbrier Avenue, S. W., appeared before the Council with regard to the peaceful protest on May 30, 2020 and demanded that the Police Department cease the use of pepper spray in the future. 10 Jordan Bell, 5208 Lancerlot Lane, N. W., appeared before the Council to request that Council honor the late Evelyn Bethel and Helen Davis for their strong and loyal neighborhood advocacy. D. ADJOURNED - 8:54 P.M. 11 COUNCIL MEMBER'S NOTIFICATION INABILITY TO ATTEND COUNCIL SESSION ON MONDAY, JULY 20, 2020 AND COUNCIL MEMBER'S REQUEST FOR APPROVAL TO ALLOW REMOTE PARTICIPATION BY ELECTRONIC COMMUNICATION MEANS Pursuant to the policy adopted by City Council in Resolution No. 41704- 032720 (Policy), I, William D. Bestpitch, hereby notify Sherman P. Lea, Sr., Mayor of the City of Roanoke, that I am unable to attend the afternoon and evening sessions of City Council set for Monday, July 20, 2020, due to my concerns in attending at Council Chamber in person during the current stage of the COVID -19 pandemic disaster. I further request that City Council allow me to participate at the afternoon and evening sessions, including any closed meeting, remotely through the use of electronic communication means in accordance with the Policy. Dated this /loikday of July, 2020. William D. Bestpitc Member of Council (seal) low f x xs t: CECELIA F. MCCOY, CINIC Cite Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk�aroanokeva.goc July 21, 2020 Cindy C. Pasternak 2606 Highland Road, S. E. Roanoke, Virginia 24014 Dear Ms. Pasternak: CECELIA T. NYEBB, CNIC Depute Cite Clerk A communication from the City Clerk advising of your resignation as a member of the Roanoke Neighborhood Advocates was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, July 20, 2020. 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 Roanoke Neighborhood Advocates from September 6, 2019 to July 20, 2020. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, `- 141-tt Cecelia F. McCoy, CMC City Clerk Enclosure PC: Tonya Pickett, Neighborhood Services Coordinator CERTIFICATE OF APPRECIATION PRESENTED TO Cindy C. Pasternak AS A MEMBER OF THE ROANOKE; NEIGHBORHOOD ADVOCATES FROM SEPTEMBER 6, ?019 TO JULY ?0, 2020 ON Tl IIS -? 1 ST-DAY OF JULY 2020 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVI -:n: S11IRMAN 1'. I. -A. SR. MAYOR A 1 T.CST: C 1 ( TIA F. MCCOY -- - CITY CITRK CECELIA F. MCCOY, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerkgroanokeva.gov July 20, 2020 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: CECELIA T. WEBB, CMC Deputy City Clerk This is to advise that Cindy Pasternak has tendered her resignation as a member of the Roanoke Neighborhood Advocates, effective immediately. Sincerely, Cecelia F. McCoy, CMC City Clerk [EXTERNAL] Resignation from RNA Undy Pasternak city.clerk @roanokeva.gov 06/12/2020 05:40 PM This message has been forwarded. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Hi, I am submitting my resignation from RNA. Thank you, Cindy Pasternak 540- 761 -1957 AMELIA C. MERCHANT Director of Finance July 20, 2020 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 465 Roanoke, VA 24011 -1220 Telephone: (540) 853 -2821 Fax: (540) 853 -6142 Honorable Mayor Lea and Members of City Council Roanoke, VA Dear Mayor Lea and Members of City Council: Attached for your review is a summary of the Roanoke Pension Plan Defined Contribution Board activities for the time period July 1, 2019 through June 30, 2020. The written minutes of each Defined Contribution Board meeting are located in the City of Roanoke Retirement Office. On behalf of the appointed members of the Defined Contribution Board, we would like to thank City Council for the opportunity to be of service to our City. Sincerely, Amelia C. Merchant Director of Finance Attachment c: Cecelia F. McCoy, City Clerk Defined Contribution Board Trustees Annual Report City of Roanoke Pension Plan Defined Contribution Board Fiscal Year Ended June 30, 2020 The Pension Plan Defined Contribution Board established pursuant to City Code Chapter 22.3, as amended, serves as the trustee and administrator of the defined contribution plan component of the Hybrid Program sponsored by the City. In addition, the Board serves as trustee and administrator of the City's internal Revenue Code Section 457 Deferred Compensation Plan and, by authority delegated by the City of Roanoke Pension Plan Board of Trustees, the City's Internal Revenue Code Section 401(h) Retirement Health Savings Account. The City is currently under contract with CAPTRUST Financial Advisors, a defined benefit consultant, who provides consultative investment and administrative guidance to the Board. Ms. Beryl Ball represents CAPTRUST. CAPTRUST is an acknowledged fiduciary. The City is currently under contract with ICMA Retirement Corporation (ICMA -RC), who serves as the administrative record - keeper and the investment provider for the defined contribution plan, the Internal Revenue Code Section 457 Deferred Compensation Plan, and the Internal Revenue Code 401 (h) Retirement Health Savings Account, included as a component of the Pension Plan, and Hybrid 401(a) plans. The following meetings were held for the fiscal year ending June 30, 2020: 1 . August 13, 2019 2. November 12, 2019 3. February 1 1 , 2020 4. April 5, 2020 5. May 12, 2020 Representation Committee Member Meetin s Attended 5 4 3 2 1 Asst. City Manager Designee R. B. Lawhorn V V V V V Ex- officio, Director of Finance Amelia Merchant V V V V V Ex- officio, Asst. City Manager - Operations Sherman Stovall V V V Asst. City Manager Designee Andrea Trent V V V V V Ex- officio, Acting Director of Human Resources An elia Vernon V V V Ex- officio, Director of Human Resources Michele Vine and V August 13, 2019 Meeting The Board was provided an investment update for the quarter ended June 30, 2019, as well as an overview and scoring matrix of the investment funds approved for the 457 and 401 (h) plans. Information was provided on the total market value of assets held in each plan. All investment funds were considered to be in "good standing ". The Board was updated on the successful implementation of the Loan and Roth contribution provisions, which took place in July 2020. The Board was notified that CAPTRUST was selected as the preferred vendor following the issuance of an RFP for services following the expiration of the previous contract. Participant advice services offered through CAPTRUST will be added under the new contract. Annual Report - City of Roanoke Pension Plan Defined Contribution Board Page 2 November 12, 2019 Meeting The Board was provided a quarterly investment update. This update included a review of the overall market conditions and performance for the quarter ended September 30, 2019, as well as an overview and scoring matrix of the investment funds approved for the 457 and 401(h) plans. Ms. Ball updated the Board on the total value of assets held in each of the Plans. All funds were "in good standing ", thus there were no fund actions taken at this meeting. CAPTRUST and City staff will continue to work together to prepare for the introduction of participant advice services to plan participants. February 11, 2020 Meeting Ms. Ball presented an overview of the markets and performance for the quarter ended December 31, 2019. The Board was updated on the total value of assets held in each of the Plans. Ms. Ball provided an overview and scoring matrix of the investment funds approved for the 457 and 401(h) plans. All funds were considered to be in good standing. There were no fund actions taken at this meeting. The Board was updated on the plan for the roll -out of CAPTRUST's participant advice services to include the introduction of CAPTRUST, as our selected vendor, to assist with introduction and information on this personal service at participant meetings to be held in April. April 5, 2020 Meeting A special meeting of the Board was held by electronic means to review and adopt certain provisions of the Coronavirus Aid, Relief and Economic Security (CARES) Act. Ms. Ball reviewed provisions of the CARES Act, passed by Congress in response to the declaration of emergency passed by the President in response to the Coronavirus pandemic. Following discussion, the Board adopted provisions of the CARES Act applicable to the 457 Deferred Compensation Plan, allowing for Coronavirus Related Distributions (CRDs), an increase in the allowable loan limits, and suspension of current loan payments, as provided under the Act. May 12, 2020 Meeting The Defined Contribution held their quarterly meeting via electronic means as a result of the declaration of emergency by the President, the Governor of the Commonwealth of Virginia and Roanoke City Manager. Ms. Ball reviewed overall market performance for the quarter ended March 31, 2020. The Board was updated on the total value of assets held in each of the Plans. Ms. Ball provided an overview and scoring matrix of the investment funds approved for the 457 and 401(h) plans. All funds were considered to be in good standing and there were no recommended changes in the investment fund line -up. The Board was updated on the decision to delay the rollout of the participant advice services offered by CAPTRUST. In consideration of the present restricted working conditions resulting in a significant number of employees working from remote locations, City Administration chose to delay the rollout until such time as communication could be provided to participants in a more normalized working environment. The minutes of each meeting of the Pension Plan Defined Contribution Board have been filed with the Director of Finance upon approval. All Board minutes and related reports are available upon request. AMELIA C. MERCHANT Director of Finance .July 20, 2020 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 465 Roanoke, VA 24011 -1220 Telephone: (540) 853 -2821 Fax: (540) 853 -6142 Honorable Mayor Lea and Members of City Council Roanoke, VA Dear Mayor Lea and Members of City Council: Attached for your review is a summary of the Roanoke Pension Plan Board of Trustees' activities for the time period July 1, 2019 through June 30, 2020. The written minutes of each Board of Trustees meeting are located in the City of Roanoke Retirement Office. On behalf of the appointed members of the Board of Trustees, we would like to thank City Council for the opportunity to be of service to our City. Sincerely, A�7 Gregory W. Chairman Attachment Feldmann c: Cecelia F. McCoy, City Clerk Board of Trustees, City of Roanoke Pension Plan Annual Report City of Roanoke Pension Plan Board of Trustees Fiscal Year Ended June 30, 2020 The Pension Plan Board of Trustees established pursuant to City Code Chapter 22.3, as amended, serves as the trustee and administrator of the defined benefit pension plan sponsored by the City. The City is currently under contract with AndCo Consulting (formerly known as The Bogdahn Group), a defined benefit consultant, who provides consultative investment and administrative guidance to the Board. Mr. Jeff Kuchta represents AndCo. AndCo Consulting is an acknowledged fiduciary. The City is currently under contract with SageView Consulting Group, a defined benefit actuary, who provides consultative technical and administrative guidance to the Board. Mr. William M. Dowd, FCA, EA, MAAA, leads the actuarial team supporting the City. SageView is an acknowledged fiduciary. The City is currently under contract with CAPTRUST Financial Advisors, a defined contribution consultant, who provides consultative investment and administrative guidance to the Board. Ms. Beryl Ball, Vice President and Financial Advisor, represents CAPTRUST. CAPTRUST is an acknowledged fiduciary. The following meetings were held for the fiscal year ending June 30, 2020 1. July 10, 2019 2. October 9, 2019 3. January 8, 2020 4. April 8, 2020 (Cancelled due to COVID -1 9 pandemic) Representation Ex- officio, City Manager Member at Large Retired Employees Participating EmDlovPrc Member at Large Active Employee Ex- officio, Director of Finance Ex- officio, Mayor Public Safetv July 10, 2019 Meeting Committee Member Robert Cowell Greg Feldmann Carolyn Glover Alan Hullette Charles Hunter R. B. Lawhorn Amelia Merchant Sherman Lea Jeffrey Newman Meetings Attended 4 3 2 1 V V V V V V V V V V V V V V V V V V V I V The March 31 , 2019 quarterly investment update was presented and reported upon by the Chairman The Board was encouraged to participate in the investment education session to be provided at the Pension Investment Committee meeting to be held on August 15, 2019. The Retirement Systems Manager updated the Board on the annual disability earned income reporting inquiry made pursuant to §22.3 -56 of City Code. The Board considered and approved four applications for non - occupational disability retirement and overturned the denial of one application for non - occupational disability retirement on appeal. Annual Report - City of Roanoke Pension Plan Page 2 October 9, 2019 Meeting The results of the June 30, 2019 actuarial valuation and a forecast for 2019 through 2033 were presented by William Dowd and William Reid of SageView, the plan's actuaries. The June 30, 2019 quarterly investment update was presented. The Board also received an update on investment performance through August 31, 2019. The Board considered and approved two applications for non - occupational disability retirement. January 8, 2020 Meeting The September 30, 2019 quarterly investment updates were presented and reported upon by the Retirement Systems Manager. The Board also received an update on investment performance through November 30, 2019. The Board received copies of the FY201 9 Pension Plan Comprehensive Annual Financial Report and the FY2019 Pension Plan Popular Annual Financial Report. The Board was also provided information on accessing these reports electronically through the City's website, which is publically accessible. April 8, 2020 Meeting Due to Executive Orders issued by the Governor of the Commonwealth of Virginia and direction of the Roanoke City Manager closing the Noel C. Taylor Municipal Building to the public, the regular quarterly meeting of the Board of Trustees scheduled for April 8, 2020 was cancelled. `Retirement applications processed for the quarter will be presented for approval at the July 2020 quarterly Board meeting. Pension Plan retirement applications were presented at each Board meeting and approved as follows: Meeting Date ERS ESRS Total July 10, 2019 0 19 19 October 9, 2019 0 22 22 January 8, 2020 1 11 12 *April 8, 2020 - _ Total 1 52 53 Death with Spousal Option 6 2 1 9 The minutes of each meeting of the Pension Plan (Defined Benefit) Board of Trustees have been filed with the Director of Finance upon approval. All Board minutes and related reports are available upon request. AMELIA C. MERCHANT Director of Finance July 20, 2020 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 465 Roanoke, VA 24011 -1220 Telephone: (540) 853 -2821 Fax: (540) 853 -6142 Honorable Mayor Lea and Members of City Council Roanoke, VA Dear Mayor Lea and Members of City Council: Attached for your review is a summary of the Roanoke Finance Board activities for the time period .July 1, 2019 through dune 30, 2020. The written minutes of each Defined Contribution Board meeting are located in the City of Roanoke Retirement Office. On behalf of the appointed members of the Finance Board, we would like to thank City Council for the opportunity to be of service to our City. Sincerely, Amelia C. Merchant Director of Finance Attachment c: Cecelia F. McCoy, City Clerk Finance Board Members Annual Report of the Finance Board For Fiscal Year ending June 30, 2020 The Finance Board, created by ordinance No. 38117-060208, adopted June 2, 2008, serves as trustee of funds designated by the City to be held, accumulated and invested by the Board for the purposes of funding Other Post - Employment Benefits (OPEB). The following meetings were held for the fiscal year ending June 30, 2020: 1. October 2, 2019 2. December 4, 2019 3. April 22, 2020 (Cancelled due to COVID -19 Pandemic) 4. June 15, 2020 Committee Member Meetings Attended 4 3 2 1 Ken Cronin V V V Amelia Merchant V V d Evelyn Powers V October 2, 2019 Meeting The VML /VACo June 30, 2019, Quarterly and Year -end Report for the Pooled Trust Fund was reviewed with commentary on the fiscal year's return of 4.5 %, as well as annualized returns of 9.0% and 8.2% for the 3 and 10 year periods ended June 30, respectively. The Board was informed of the pending completion of the annual actuarial valuations for the OPEB and LODA plan expected for the later part of the month. December 4, 2019 Meeting The VML /VACo September 30, 2018, Quarterly Report for the Pooled Trust Fund had not been received at the time of the meeting. Monthly reporting by the investment custodian for the months of September and October were received and the Board was updated on the market value of the trust as of October 31, 2019 The Board was provided an executive summary of the actuarial valuation results as of June 30, 2019. The Board certified the results and approved funding based on the actuarial determined contribution amounts. Funding of the actuarial determine contribution amounts was approved for payment in May, 2020. April 22, 2020 Meeting Due to the declarations of emergency issued by the President of the United States, the Governor of the Commonwealth of Virginia and the Roanoke City Manager, and the restrictions on the conduct of public meetings due to the COVID -19 global pandemic, the April 22, 2020 meeting was cancelled. June 15, 2020 Meeting The VML /VACo March 31, 2020 Quarterly Report for the Pooled Trust Fund and monthly report as of April 30, 2020 were reviewed with commentary on the return for the fiscal year to date return of -1.7% through April 30. The minutes of each meeting of the Finance Board have been filed with the Director of Finance upon approval. All Board minutes and related reports are available upon request. CECELIA F. INICCOV, CHIC Citt Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerk(a roanokeca.go% July 21, 2020 Robyn Schon, Director, Civic Facilities Roanoke Civic Center Commission Roanoke, Virginia Dear Ms. Schon: CECELIA T. NVEBB, Cb1C Depute CUN Clerk This is to advise you that Dr. Thomas Powers, Jr., has qualified as a member of the Roanoke Civic Center Commission for a three -year term of office, commencing October 1, 2020 and ending September 30, 2023. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Dr. Thomas Powers, Jr., do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Civic Center Commission for a three -year term of office commencing October 1, 2020 and ending September 30, 2023, according to the best of my ability. (So help me God.) DR. THOMAS POWERS, JR. The foregoing oath of office was taken, sworn to, and subscribed before me by Dr. Thomas Powers, Jr., this q_ day of 2020. Brenda S. Hamilton, Clerk of the Circuit Court Chi erf CECELIA F. MCCOA', CHIC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerked roanoke%a.ro% July 21, 2020 Brian Mann, Secretary Hotel Roanoke and Conference Center Roanoke, Virginia Dear Mr. Mann: CECELIA T. "'EBB, CHIC Depute CitY Clerk This is to advise you that Robert S. Cowell, Jr., has qualified as the City employee representative of the Hotel Roanoke and Conference Center Commission to fill the unexpired term of office of R. Brian Townsend ending April 12, 2021. Sincerely, (24", 4. rn� Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Robert S. Cowell, Jr., 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 the City Employee representative of the Hotel Roanoke Conference Center Commission for a term of office ending April 12, 2021, according to the best of my abil' o help me God. obert S. Cowell, Jr. The foregoing oath of office was taken, sworn to, and subscribed before me by Robert S. Cowell, Jr., this day of 2020. _Y_ Brenda S. Hamilton, Clerk of the Circuit Co � , e n B������. k CECELIA F. NICCON CHIC Cite Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(a roanokeNa.goN July 21, 2020 Melissa Murray, Secretary Roanoke Arts Commission Roanoke, Virginia Dear Ms. Murray: CECELIA T. NVEBB, CHIC Deputh Cit% Clerk This is to advise you that William Penn has qualified as a member of the Roanoke Arts Commission for a three -year term of office, commencing July 1, 2020 and ending June 30, 2023. Sincerely, ot"o 46�� Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, William Penn, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission for a three -year term of office, commencing July 1, 2020 and ending June 30, 2023, according to the best of my ability. (So help me God.) � WILLIAM PENN The foregoing oath of office was taken, sworn to, and subscribed before me by William Penn this day of 2020. Brenda S. Hamilton, Clerk of the Circuit Court B E Clerk Y CECELIA F. NICCOY, CHIC Cite Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540)853 -1145 E -mail: clerks roanoke%a.goc July 21, 2020 Sheila Umberger, Secretary Roanoke Public Library Board Roanoke, Virginia Dear Ms. Umberger: CECELIA T. NYEBB, CHIC Depute CUN Clerk This is to advise you that Auraliz Quintana has qualified as a member of the Roanoke Public Library Board for a three -year term of office ending June 30, 2023. Sincerely, ()'.0 - - Y�24 cAr . _"'j' j Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit- 1, Auraliz Quintana, 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 Public Library Board for a three -year term of office ending June 30, 2023, according to the best of my ability. (Sq>�p me God). / /AURALIZ WINT/ANA The foregoing oath of offi e was taken, sworn to, and subscribed before me by Auraliz Quintana this day of 2020. Brenda S. Hamilton, Clerk of the Circuit Court (�u B Clerk CECELIA F. NICCOY, CHIC Cite Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerks roanoke%a.ro% July 21, 2020 Amelia Merchant, Secretary City of Roanoke Pension Plan, Board of Trustees Roanoke, Virginia Dear Ms. Merchant: CECELIA T. WEBB, CJIC Deputy City Clerk This is to advise you that Marc B. Nelson has qualified as a City employee of the Board of Trustees, City of Roanoke Pension Plan; and Battalion Chief Clarence Turpin as the Public Safety representative for two -year terms of office, each, ending June 30, 2022. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, MARC B. NELSON, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a City employee member of the Board of Trustees, City of Roanoke Pension Plan, for a two -year term of office ending June 30, 2022, according to the best of my ability. (So help me God.) C,/VA ter- 3 • MARC B. NELSON The foregoing oath of office was taken, sworn to, and subscribed before me by Marc B. Nelson, this day of 2020. Brenda S. Hamilton, Clerk of the Circuit Court Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Battalion Chief Clarence Turpin (Fire -EMS), do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as the Public Safety representative of the City of Roanoke Pension Plan, Board of Trustees for a two -year term of office, commencing July 1, 2020 and ending June 30, 2022, according to the best of my ability. (So help me God.) ION CWEF CLARENCE TURPIN The foregoing oath of office was taken, sworn to, and subscribed before me by Battalion Chief Clarence Turpin this ,y day of 2020. Brenda S. Hamilton, Clerk of the Circuit Court /A CO STE OR MILTON, CLERK �� By a uryClerU B Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2020. No. 41802 - 072020. A RESOLUTION accepting the Rescue Squad Assistance Fund grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: I . The City of Roanoke does hereby accept the Rescue Squad Assistance Fund grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, in the amount of $162,000, with a local match of $162,000, making the total funding in the amount of $324,000, to be used to purchase Heart Monitors /Defibrillators, as more particularly described in the City Council Agenda Report dated July 20, 2020. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any necessary documents to accept the grant, in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. R- Rescue Squad Assistance Fund (RSAF) Grant 7.20.20.doc ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2020. No. 41803 - 072020. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and reordaining certain sections of the 2020 -2021 General Fund and 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 2020 -2021 General Fund and Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Other Equipment Revenues RSAF Equipment FY21 — State RSAF Equipment FY21 — Local 35- 520 - 3729 -9015 324,000 35- 520 - 3729 -3729 162,000 35- 520 - 3729 -3730 162,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. Q `~ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2020 Subject: Acceptance of Rescue Squad Assistance Fund Grant Background: The Virginia Department of Health, Office of Emergency Medical Services administers and awards a Rescue Squad Assistance Fund (RSAF) grant twice annually. Roanoke Fire -EMS applied for this grant in 2019 in order to purchase Heart Monitors /Defibrillators for a total value of $162,000.00. The State Office of Emergency Medical Services awarded Roanoke Fire -EMS a grant totaling $162,000 that requires a 50/50 match from the City. The matching funds of $162,000 for these items will come from the grant match account. Considerations: City Council approval is needed to formally accept and appropriate these funds, and authorize the Director of Finance to establish revenue estimates and appropriations to purchase the equipment in accordance with the provisions of this grant. Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements or documents, such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the Grant Fund for State funds in the amount of $162,000.00 for the equipment. Transfer funding in the amount of $162,000.00 from the grant match account into accounts to be established in the Grant Fund by the Director of Finance. Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia Merchant, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2020. No. 41804- 072020. A RESOLUTION accepting the Fiscal Year 2020 -2021 Community Development Block Grant, HOME Investment Partnerships Program funds, and Emergency Solutions Grant funds by the United States Department of Housing and Urban Development ( "HUD "), and authorizing the City Manager to execute Grant Agreements, Funding Approvals and other documents required by HUD, and such subgrant agreements, amendments and other documents as may be required pursuant to the Annual Update to the 2020 -2021 HUD Action Plan ( "Annual Update "), under certain conditions. BE IT RESOLVED by the Council of the City of Roanoke ( "Council ") as follows: 1. The Fiscal Year 2020 -2021 Community Development Block Grant in the amount of $1,795,505 with a prior year entitlement in the amount of $320,000; HOME Investment Partnerships Program funds in the amount of $676,053 with a prior year entitlement in the amount of $70,000; and the Emergency Solutions Grant Program funds in the amount of $152,376 with a prior year entitlement in the amount of $0, from HUD are hereby ACCEPTED. 2. The City Manager and the City Clerk are authorized to execute and attest, respectively, Grant Agreements, Funding Approvals and other documents, required by HUD, and any and all understandings, assurances and documents relating thereto, to accept such funds, each of such documents to be in such form as is approved by the City Attorney, as more particularly set out in the City Council Agenda Report dated July 20, 2020, to this Council. 3. The City Manager and the City Clerk are further authorized to execute and attest, respectively, such subgrant agreements and amendments as may be required pursuant to the Fiscal Year 2020 -2021 Annual Update approved by Council by Resolution No. 41763- 061520, on June 15, 2020, and as may otherwise exceed the City Manager's authority under Section 2 -124 of the Code of the City of Roanoke (1979), as amended, such subgrant agreements or amendments to be within the limits of funds provided for in the Annual Update and to be approved as to form by the City Attorney. ATTEST: 0'a", -A. � City Clerk HUD Funds 2020 -2021 7 20 20.doc 2 ON< IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2020. No. 41805- 072020. AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program (CDBG), HOME Investment Partnerships Program, and Emergency Solutions Grant (ESG), amending and reordaining certain sections of the 2020 -2021 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 2020 -2021 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations HOME — Regular Employee Salaries 35- 090 - 5412 -1002 $ (2,676) HOME — Training and Development 35- 090 - 5412 -2044 (3,000) HOME — Reserve Home Ownership Project Funds 35- 090 - 5412 -5526 (66,660) HOME — Habitat -New Home Ownership 35- 090 - 5412 -5647 72,336 HOME — Regular Employee Salaries 35- 090 - 5414 -1002 (5,159) HOME — City Retirement 35- 090 - 5414 -1105 (764) HOME — 401 H Health Savings 35- 090 - 5414 -1117 347 HOME — FICA 35- 090 - 5414 -1120 (456) HOME — Medical Insurance 35- 090 - 5414 -1125 (2,414) HOME — Health Insurance Premium PPO— ER 35- 090 - 5414 -1180 1,599 HOME — Health Insurance Premium HRA — ER 35 -090- 5414 -1183 2,667 HOME — HRA — ER 35 -090- 5414 -1184 200 HOME — Habitat -New Home Ownership 35 -090- 5414 -5647 7,913 HOME — Regular Employee Salaries 35- 090 - 5440 -1002 47,455 HOME — City Retirement 35- 090 - 5440 -1105 7,329 HOME — FICA 35- 090 - 5440 -1120 3,548 HOME — Medical Insurance 35- 090 - 5440 -1125 5,651 HOME — Dental Insurance 35- 090 - 5440 -1126 360 HOME — Life Insurance 35- 090 - 5440 -1130 608 HOME — Disability Insurance 35- 090 - 5440 -1131 HOME —Training and Development 35- 090 - 5440 -2044 HOME — Downpayment Assistance 35- 090 - 5440 -5119 HOME — Habitat -New Home Ownership 35- 090 - 5440 -5647 ESG — Regular Employee Salaries 35 -E19- 5232 =1002 ESG — City Retirement 35 -E19- 5232 -1105 ESG — Medical Insurance 35 -E19- 5232 -1125 ESG — Program Activities 35 -E19- 5232 -2066 ESG — Council of Community Services 35 -E19- 5232 -5618 ESG — Family Promise 35 -E19- 5232 -5644 ESG—ARCH 35 -E 19- 5232 -5650 ESG — Family Promise 35 -E20- 5234 -5644 ESG — ARCH 35 -E20- 5234 -5650 ESG — Program Activities 35 -E21- 5237 -2066 ESG — Council of Community Services 35 -E21- 5237 -5618 ESG — Family Promise 35 -E21- 5237 -5644 ESG — ARCH 35 -E21- 5237 -5650 CDBG — World Changers 2008 35 -G18- 1819 -5486 CDBG — Neighborhood Infrastructure 35 -G18- 1820 -5550 CDBG — Empowering Individuals 35 -G19- 1919 -5057 CDBG — Demolition 35 -G19- 1919 -5108 CDBG — Emergency Home Repair TAP 35 -G19- 1919 -5470 CDBG — World Changers 2008 35 -G19- 1919 -5486 CDBG — Limited Housing Rehabilitation MOTA 35 -G19- 1919 -5665 CDBG —Target Neighborhood Infrastructure 35 -G19- 1920 -5442 CDBG — Neighborhood Infrastructure 35 -G19- 1920 -5550 CDBG — Habitat — New Home Ownership 35 -G19- 1920 -5647 CDBG — Infrastructure Improvements 35 -G19- 1920 -5649 CDBG — Major Home Repair MOTA 35 -G19- 1920 -5666 CDBG — Regular Employee Salaries 35 -G19- 1922 -1002 CDBG — City Retirement 35 -G19- 1922 -1105 CDBG — 401 H Health Savings Match 35 -G19- 1922 -1117 CDBG — FICA 35 -G19- 1922 -1120 CDBG — Dental Insurance 35 -G19- 1922 -1126 CDBG — Life Insurance 35 -G19- 1922 -1130 CDBG — Disability Insurance 35 -G19- 1922 -1131 CDBG — Health Insurance Premium PPO — ER 35 -G19- 1922 -1180 CDBG — Health Insurance Premium HRA — ER 35 -G19- 1922 -1183 CDBG — HRA — ER 35 -G19- 1922 -1184 CDBG — Fees for Professional Services 35 -G19- 1922 -2010 141 2,000 20,000 588,961 342 97 (332) 177 (2,871) 3,976 (1,389) 15,000 211,917 5,000 77,676 29,500 40,200 65,818 (65,818) 28,967 (3,324) 10,715 (30,399) 44,845 (64,320) (18,682) 108,528 (59,983) 38,564 6,940 2,159 2 (72) (356) 36 (116) (6,883) 111 200 (28,250) CDBG — Advertising 35 -G19- 1922 -2015 $ (1,662) CDBG — Telephone 35 -G19- 1922 -2020 (2,400) CDBG— Administrative Supplies 35 -G19- 1922 -2030 (1,278) CDBG — Expendable Equipment ( <$5000) 35 -G19- 1922 -2035 (5,000) CDBG — Dues and Memberships 35 -G19- 1922 -2042 (560) CDBG —Training and Development 35 -G19- 1922 -2044 (12,787) CDBG — Printing 35 -G19- 1922 -2075 (2,000) CDBG — Records Management 35 -G19- 1922 -2082 (500) CDBG — Postage 35 -G19- 1922 -2160 (474) CDBG — Xerox Lease 35 -G19- 1922 -3045 (1,000) CDBG — DOT Billings 35 -G19- 1922 -7005 (500) CDBG — Risk Management 35 -G19- 1922 -7017 (500) CDBG — Regular Employee Salaries 35 -G19- 1923 -1002 (833) CDBG — City Retirement 35 -G19- 1923 -1105 (431) CDBG — 401 H Health Savings Match 35 -G19- 1923 -1117 3 CDBG — FICA 35 -G19- 1923 -1120 (543) CDBG — Dental Insurance 35 -G19- 1923 -1126 10 CDBG — Disability Insurance 35 -G19- 1923 -1131 (213) CDBG — Health Insurance Premium PPO — ER 35 -G19- 1923 -1180 (5,751) CDBG — HSA — ER 35 -G19- 1923 -1182 942 CDBG — Health Insurance Premium HRA — ER 35 -G19- 1923 -1183 281 CDBG — HRA — ER 35 -G19- 1923 -1184 30 CDBG — Health Insurance Premium HSA — ER 35 -G19- 1923 -1185 6,505 CDBG — Youth Support Services 35 -G19- 1939 -3742 (6,000) CDBG — Children's Advocacy Center 35 -G19- 1939 -3918 7,645 CDBG — Child Health Investment Partnership 35 -G19- 1939 -5556 (12,925) CDBG — Home Stabilization for Families in Need 35 -G19- 1939 -5604 12,769 CDBG — Trust Healthy Family 35 -G19- 1939 -5652 (4,668) CDBG — Training and Development 35 -G19- 1944 -2044 5,369 CDBG — Neighborhood Development 35 -G19- 1944 -5642 (2,211) CDBG —Empowering Individuals 35 -G20- 2019 -5057 (32,397) CDBG — Rental Rehabilitation 35 -G20- 2019 -5236 150,000 CDBG — Emergency Home Repair TAP 35 -G20 -2019 -5470 (52,904) CDBG — World Changers 2008 35 -G20- 2019 -5486 (35,419) CDBG — Limited Housing Rehabilitation MOTA 35 -G20- 2019 -5665 (44,845) CDBG— Habitat— New Home Ownership 35 -G20- 2020 -5647 18,964 CDBG — Infrastructure Improvements 35 -G20- 2020 -5649 (18,682) CDBG — Major Home Repair MOTA 35 -G20- 2020 -5666 18,800 CDBG — Children's Advocacy Center 35 -G20- 2039 -3918 (7,645) CDBG — Housing Stabilization for Families in Need 35 -G20- 2039 -5604 (12,899) CDBG - Neighborhood Infrastructure 35 -G20- 2044 -5550 $ 84,500 CDBG - Neighborhood Development 35 -G20- 2044 -5642 (7,200) CDBG - Professional Health Services 35 -G20- 2045 -0311 102,159 CDBG - Food Costs 35 -G20- 2045 -0319 50,000 CDBG - Coronavirus Expenses 35 -G20- 2045 -3081 180,658 CDBG - Refugee Resettlement 35 -G20- 2045 -3150 25,708 CDBG - Brain Injury Services of SWVA 35 -G20- 2045 -3916 47,700 CDBG - Home Stabilization for Families in Need 35 -G20- 2045 -5604 200,000 CDBG - Micro - Business Loan Pool 35 -G20- 2046 -5018 450,000 CDBG- Empowering Individuals 35- G21- 2119 -5057 50,000 CDBG - Emergency Home Repair TAP 35 -G21- 2119 -5470 105,000 CDBG- World Changers 2008 35- G21- 2119 -5486 60,000 CDBG - Limited Housing Rehabilitation MOTA 35 -G21- 2119 -5665 82,000 CDBG -Target Neighborhood Infrastructure 35 -G21- 2120 -5442 850,000 CDBG - Residential Fagade Project 35- G21- 2120 -5619 40,000 CDBG - Regular Employee Salaries 35 -G21- 2122 -1002 153,193 CDBG - City Retirement 35 -G21- 2122 -1105 24,205 CDBG - FICA 35 -G21- 2122 -1120 11,719 CDBG - Medical Insurance 35 -G21- 2122 -1125 20,941 CDBG - Dental Insurance 35 -G21- 2122 -1126 1,280 CDBG - Life Insurance 35 -G21- 2122 -1130 2,007 CDBG - Disability Insurance 35- G21- 2122 -1131 464 CDBG - Fees for Professional Services 35 -G21- 2122 -2010 42,000 CDBG - Advertising 35 -G21- 2122 -2015 6,500 CDBG - Telephone 35 -G21- 2122 -2020 2,400 CDBG - Administrative Supplies 35- G21- 2122 -2030 2,500 CDBG - Expendable Equipment ( <$5000) 35- G21- 2122 -2035 2,500 CDBG - Dues and Memberships 35 -G21- 2122 -2042 1,700 CDBG - Training And Development 35 -G21- 2122 -2044 12,000 CDBG - Printing 35 -G21- 2122 -2075 2,000 CDBG - Records Management 35 -G21- 2122 -2082 500 CDBG - Postage 35 -G21- 2122 -2160 700 CDBG - Xerox Lease 35 -G21- 2122 -3045 1,000 CDBG -Neighborhood Planning Activities 35 -G21- 2122 -5634 20,493 CDBG - Dot Billings 35 -G21- 2122 -7005 500 CDBG - Risk Management 35- G21- 2122 -7017 500 CDBG - Regular Employee Salaries 35 -G21- 2123 -1002 116,555 CDBG - City Retirement 35 -G21- 2123 -1105 19,908 CDBG - 401 H Health Savings Match 35 -G21- 2123 -1117 1,166 CDBG - FICA 35 -G21- 2123 -1120 8,917 CDBG — Medical Insurance 35 -G21- 2123 -1125 $ 11,434 CDBG — Dental Insurance 35 -G21- 2123 -1126 654 CDBG — Life Insurance 35 -G21- 2123 -1130 1,527 CDBG — Disability Insurance 35 -G21- 2123 -1131 392 CDBG — Children's Trust — CASA 35 -G21- 2139 -3775 22,875 CDBG — Children's Advocacy Center 35 -G21- 2139 -3918 34,750 CDBG —Apple Ridge Farms 35 -G21- 2139 -5084 50,000 CDBG — Neighborhood Development 35 -G21- 2144 -5642 31,225 Revenues HOME Program Income FY20 35- 090 - 5414 -5415 3,933 HOME Entitlement FY21 35- 090 - 5440 -5440 676,053 ESG CARES COVID -19 FY20 35 -E20- 5234 -5234 226,917 ESG Entitlement FY21 35 -E21- 5237 -5237 152,376 CDBG — Program Income FY20 35 -G20- 2000 -3815 740 CDBG — Program Income RRHA FY20 35 -G20- 2000 -3816 59,533 CDBG — CARES COVID-19 FY20 35 -G20- 2000 -3817 1,056,225 CDBG Entitlement FY21 35 -G21- 2100 -3818 1,795,505 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: (?z4d4a.� ,4'. C2e 6?_ City Clerk. �t t � CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2020 Subject: Acceptance and Appropriation of 2020 -2021 Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) and Emergency Solutions Grant (ESG) Funds Background: CDBG and HOME funds received from the U. S. Department of Housing and Urban Development (HUD) provide for a variety of activities ranging from affordable housing and community development to economic development. ESG funds are used to support programs for homelessness prevention and rapid rehousing. The City has received entitlement grant funds for over thirty years and must submit an Action Plan annually to HUD to receive such funding. On .June 14, 2020, by Resolution No. 41763-061520, City Council authorized filing the funding applications as part of approving the submission of the 2020 -2024 Consolidated Plan to HUD. Funding allocations contained in this report reflect those presented to the City Council in the 2020 -24 HUD Consolidated Plan adoption. Considerations: The 2020 -2021 HUD Action Plan, approved by City Council as part of the 2020- 24 Consolidated Plan, provides for activities totaling $3,013,934. The funding for these activities included new entitlement funds of $2,623,944, and funds unexpended from prior year accounts. The HUD programs received program income equaling $64,206 during the 2019 -2020 fiscal year. Acceptance of the funds and appropriation or transfer to the accounts indicated in Attachment 1 is needed to permit the 2020 -2021 activities to proceed. Recommended Actions: 1. Accept the 2020 -2021 CDBG, HOME and ESG entitlement funds to be used for providing the services indicated in the 2020 -2021 HUD Action Plan as detailed below; CDBG 2020 -21 Entitlement $1,795,505 CDBG Prior Year Entitlement /Program Income 320,000 HOME 2020 -21 Entitlement 676,053 HOME Prior Year Entitlement /Program Income 70,000 ESG 2020 -21 Entitlement 152,376 ESG Prior Year Entitlement /Program Income 0 TOTAL $3,013,934 2. Authorize the City Manager to execute the required Grant Agreements, Funding Approval, and other documents required by HUD in order to accept the funds, all of such documents to be approved as to form by the City Attorney; and 3. Adopt the accompanying budget ordinance to appropriate, deappropriate, reprogram, and transfer funding in the amount of $3,013,934 into accounts to be established in the Grant Fund by the Director of Finance, as detailed in the attached budget ordinance. - - - -- --------------- - - - - -- Robert S. Cowell. jr City Manager Attachment: FY 20 -21 HUD Funds Appropriation Ordinance Distribution: Council Appointed Officers W. Brent Robertson, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Chris Chittum, Director of Planning, Building and Development Keith Holland, Community Resources Program Administrator E IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2020. No. 41806 - 072020. A RESOLUTION authorizing the issuance and execution of Change Order No. 2 by the City Manager to the City's Contract with Aaron J. Conner General Contractor, Inc. for additional work on the Cove Road /Dansbury Drive Drainage Improvement Project ( "Project "); and authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Change Order No. 2 to the above mentioned Contract, as well as the Contract itself. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to issue and execute Change Order No. 2, approved as to form by the City Attorney, to the City's Contract with Aaron J. Conner General Contractor, Inc. for additional work for the Project in the amount of $42,014.87, as well as an additional twenty -one (21) days to complete the project, all as more fully set forth in the City Council Agenda Report dated July 20, 2020. 2. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Change Order No. 2 mentioned above, as well as the Contract itself, with all such documents to be approved by the City Attorney. ATTEST: City Clerk. 8k 53 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: ,July 20, 2020 Subject: Amendment to Contract (Change Order #2) for the Cove Road / Dansbury Drive Drainage Improvement Project Background: The City of Roanoke entered into a contract, dated January 16, 2019, with Aaron J. Conner General Contractor, Inc. to install approximately 2,000 linear feet of various storm drain pipes, 22 storm drain structures, residential driveway entrances, concrete sidewalk repair, asphalt milling and overlay, utility relocation, site restoration, channel improvements, and associated work on Cove Road, Dansbury Drive, VDOT Right -of -Way and Private Properties. The original Contract was issued in the amount of $829,896. Change Order No. 1 was issued for additional work and /or services as well as additional time to complete the project. This Change Order was for an additional $198,819.43 and additional time of ninety (90) days. It was observed during the early phase of construction that the current road subgrade was below standards and the general condition of the road was substandard. The weight of the heavy equipment being used also added further damage to the road. It was determined that it would be prudent to remove the old road and install a proper subgrade, tack coat, and 2" asphalt overlay. In addition to rebuilding the road, shoulder improvements were added by the installation of pipe and inlets to eliminate standing water along the edge of the road as well as deciduous trees to improve water quality. Upon completion of the project it was observed that the shoulder improvements resulted in an extremely steep slope. Change Order No. 2 will include raising the inlets to alleviate the steep angle and provide more shoulder width. Considerations: City Council approval is needed to process Change Order No. 2. Recommended Action: Authorize the City Manager to execute Change Order No. 2 as referenced above, to the City's Contract with Aaron J. Conner General Contractor, Inc. in the amount of $42,014.87 for additional costs as well as an additional twenty -one (21) days to complete the project. Authorize the City Manager to take such actions and to execute such documents, as may be necessary to provide for the implementation, administration, and enforcement of all such amendments to the above mentioned Contract with Aaron J. Conner General Contractor, Inc., as well as the Contract itself. ----- ----- r -------- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager Amelia C. Merchant, Director of Finance Mark D. Jamison, P.E., Director of Public Works Marcus Aguilar, Ph.D., P.E., Acting Stormwater Utility Manager Joseph W. Arthur, P.E., Stormwater CIP Program Manager Beth Watts, Construction Cost Technician IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2020. No. 41807 - 072020. AN ORDINANCE authorizing the City Manager to execute Amendment No. 6 to the Agreement for Purchase and Sale of Real Property for the Development of a Downtown Parking Facility and Hotel, dated September 20, 2018 (the "Agreement ") between the City of Roanoke, Virginia (the "City "), Market Holdings, LLC, ( "MH ") and Big Lick Hospitality, LLC ( "Big Lick "), which proposed Agreement provided that the City, as the owner of certain real property of approximately 0.3607 acres, together with improvements thereon, situated at 120 Church Avenue, S.E., Roanoke, Virginia, designated as Official Tax Map No. 4011413 ( "City Parcel "); MH, as the owner of certain real property of approximately 0.5755 acres, together with improvements thereon, situated at 116 Church Avenue, S.E., Roanoke, Virginia, designated as Official Tax Map No. 4011412 ( "MH Parcel "); and Big Lick, agreed that the City would (i) acquire the MH Parcel; (ii) consolidate the MH Parcel with the City Parcel (collectively, the "Property "); (iii) construct on the Property and own a Parking Facility, in fee simple, and (iv) convey to Big Lick condominium units, certain air rights, and appropriate nonexclusive easement rights within the Parking Facility for the construction and operation of a Hotel Facility to accommodate the operation of a Hotel on portions of the Property, to amend certain terms of the Agreement to extend the Inspection Period, as defined in the Agreement; reordaining Ordinance No. 41267 - 091718, adopted on September 17, 2018, Ordinance No. 41450- 052019, adopted on May 20, 2019, Ordinance No. 41514- 071519, adopted July 15, 2019, - Ordinance No. 41595- 102119 adopted October 21, 2019, Ordinance No. 41654- 012120, adopted January 21, 2020, and Ordinance No. 41963- 031620, adopted March 16, 2020, only to the extent not inconsistent 1 with this Ordinance; authorizing the City Manager to execute all documents necessary to perform, effectuate, administer, and enforce the proposed Amendment No. 6, Amendment No. 5, Amendment No. 4, Amendment No. 3, Amendment No. 2, Amendment No. 1, and the Agreement; and dispensing with the second reading of this Ordinance by title. WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41267 - 091718, adopted on September 17, 2018, in which Council approved the terms of the Agreement between the City, MH and Big Lick; WHEREAS, the City, MH and Big Lick executed the Agreement which was dated September 20, 2018; WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41450- 052019, adopted May 20, 2019, in which Council approved the terms of an Amendment No. 1 to the Agreement between the City, MH and Big Lick; WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41514- 071519, adopted July 15, 2019, in which Council approved the terms of an Amendment No. 2 to the Agreement between the City, MH and Big Lick; WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41595- 102119, adopted October 21, 2019, in which Council approved the terms of an Amendment No. 3 to the Agreement between the City, MH and Big Lick; WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41654- 012120, adopted January 21, 2020, in which Council approved the terms of an Amendment No. 4 to the Agreement between the City, MH and Big Lick; 2 WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 41693 - 031620, adopted March 16, 2020, in which Council approved the terms of an Amendment No. 5 to the Agreement between the City, MH and Big Lick; WHEREAS, under the terms of the Agreement, the Inspection Period expired on June 30, 2020, with the express understanding of the Parties that the Inspection Period is extended to July 31, 2020, pending action of City Council with respect to Amendment No. 6; WHEREAS, all Parties have requested extensions of the Inspection Period, as defined in the Agreement, to complete its due diligence and inspections in form and substance acceptable to the City, MH, and Big Lick, including without limitation the determination whether the development of the Parking Facility or the Hotel Facility are feasible; and WHEREAS, the City, MH and Big Lick desire to amend the Agreement to address these matters in accordance with the terms of this Amendment No. 6. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of Amendment No. 6 to the Agreement as set forth in the City Council Agenda Report dated July 20, 2020, which Amendment No. 6 amends the Agreement approved by City Council by Ordinance No. 41267- 091718, adopted on September 17, 2018, and amends Amendment No. 1 approved by City Council by Ordinance No. 41450- 052019, adopted May 20, 2019, and amends Amendment No. 2 approved by City Council by Ordinance No. 41514- 071519, adopted July 15, 2019, and amends Amendment No. 3 approved by City Council by Ordinance No. 41595- 102119, adopted October 21, 2019, and amends Amendment No. 4 approved by City Council by Ordinance No. 41654- 012120, adopted January 21, 2020, and Amendment No. 5 approved by City Council by Ordinance No. 41693- 3 031620, adopted March 16, 2020, and provides for certain undertakings and obligations by Big Lick, the City, and MH. 2. The City Manager is hereby authorized on behalf of the City to execute Amendment No. 6 to the Agreement, to amend certain terms of the Agreement to ratify and confirm the extension of the Inspection Period to July 31, 2020, with options to extend the Inspection Period for further periods of time, to complete the Parties due diligence review of the Property, as set forth in the aforementioned City Council Agenda Report. Amendment No. 6 to the Agreement is to be substantially similar to the Amendment No. 6 attached to the Agenda Report. 3. The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by Big Lick, the City, and MH pursuant to the Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5, and Amendment No.6. 4. The form of the documents referred to above and in the Agenda Report are to be approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: , �" i 7 t' G 4 City Clerk. 0 Ll h F'm CITY COUNCIL AGENDA r r r To: Honorable Mayor and Members of City Council Meeting: July 20, 2020 Subject: Amendment No. 6 to the Agreement for Purchase and Sale of Real Property for the Development of a Downtown Parking Facility and Hotel, dated September 20, 2018 (the "Agreement ") at 116 Church Avenue, S.E., and 120 Church Avenue, S.E. Background: Market Holdings, LLC (MH), Big Lick Hospitality, LLC (Big Lick), and the City of Roanoke (City) executed an Agreement for Purchase and Sale of Real Property (Agreement) dated September 20, 2018, whereby (i) MH agreed to sell, and the City agreed to purchase, 0.5755 acres, together with improvements thereon, located at 116 Church Avenue, S.E., Official Tax Map #4011412, and (ii) the City agreed to consolidate with City -owned property of 0.3607 acres, together with improvements thereon, located, at 120 Church Avenue, S.E., Official Tax Map #4011413, for the development of a downtown parking facility and hotel. The terms of this Agreement provided for an inspection period of 240 days (Inspection Period) with a non - refundable deposit of $50,000.00 to be paid by the City and Big Lick to MH no later than May 20, 2019. The City, MH, and Big Lick entered into the Agreement under which the City would (i) acquire the MH Parcel; (ii) consolidate the MH Parcel with the City Parcel (collectively, the Property); (iii) construct and own a 490 -500 space Parking Facility, in fee simple; and (iv) sell to Big Lick for $700,010.00 (a) two condominium units for hotel lobby facilities, (b) air rights for hotel rooms, and (c) appropriate nonexclusive easement rights in the Parking Facility in order for Big Lick to construct and own a 125-150 room Hotel Facility to accommodate the operation of a Hotel. In May 2019, the City approved Amendment No. 1 to the Agreement due to all parties requiring additional time for due diligence. In July 2019, the City approved Amendment No. 2 to the Agreement due to all parties requiring additional time for additional soil testing and assessing the feasibility of the Project. In October 2019, the City approved Amendment No. 3, as the parties needed additional time to assess the feasibility of the Project. In January 2020, the City approved Amendment No. 4, as the parties needed additional time to address logistical issues related to the design and construction of the Project. In March 2020, the City approved Amendment No. 5, as the parties needed time to address various issues related to the project caused by the onset of the Covid -19 pandemic. At this time, the parties continue to address those issues. Under the terms of the Agreement, the Inspection Period expired on dune 30, 2020, with the express understanding of the Parties that the Inspection Period is extended to .July 31, 2020, pending action of City Council with respect to Amendment No. 6. To this end, the Parties are seeking approval to extend the Inspection Period to.July 31, 2020, with options to extend the Inspection Period for further periods of time. Recommended Action: Adopt the attached ordinance authorizing the City Manager to execute an Amendment No. 6 to the Agreement among Market Holdings, LLC, Big Lick Hospitality, LLC, and the City of Roanoke, substantially similar to the Amendment No. 6 attached to this Report, with an extended inspection period to duly 31, 2020, with options to extend the Inspection Period for further periods of time, and make such other amendments to the Agreement that are set forth in the proposed Amendment No. 6. All documents are subject to approval as to form by the City Attorney. V----------------------- Robert S. Cowell, .J r. City Manager Distribution: Council Appointed Officers W. Brent Robertson, Assistant City Manager for Community Development Robert Ledger, Director of Economic Development Amelia C. Merchant, Director of Finance Laura M. Carini, Assistant City Attorney 2 AMENDMENT NO. 6 TO AGREEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE DATED SEPTEMBER 20, 2018 AMONG THE CITY OF ROANOKE, VIRGINIA, MARKET HOLDINGS, LLC, AND BIG LICK HOSPITALITY, LLC This Amendment No. 6 to the Agreement for the Purchase and Sale of Real Estate for the Development of Downtown Parking Facility and Hotel dated September 20, 2018, among the City of Roanoke Virginia, a Virginia municipal corporation (the "City "), Market Holdings, LLC, a Virginia limited liability company ( "Mff ), and Big Lick Hospitality, LLC, a South Carolina limited liability company and qualified to conduct business in the Commonwealth of Virginia ( "Big Lick ") ( "Amendment No. 6 ") is dated this day of July, 2020. RECITALS A. The City, MH, and Big Lick entered into the Agreement for the Purchase and Sale of Real Estate for the Development of Downtown Parking Facility and Hotel dated September 20, 2018 (the "Agreement ") under which Agreement, (i) MH agrees to sell, and the City agrees to purchase, the MH Parcel, all as in accordance with the terms and conditions of the Agreement; and (ii) the City agrees to sell, and Big Lick agrees to purchase, the Hotel Facility Property, all as in accordance with the terms and conditions of the Agreement. B. The Parties amended the Agreement by Amendment No. 1 dated May 20, 2019, to extend the Inspection Period to July 31, 2019. C. The Parties amended the Agreement by Amendment No. 2 dated July 17, 2019 to extend the Inspection Period to October 31, 2019. D. The Parties amended the Agreement by Amendment No. 3 dated October 22, 2019 to extend the Inspection Period to January 31, 2020. E. The Parties amended the Agreement by Amendment No. 4 dated January 22, 2020 to extend the Inspection Period to March 31, 2020. F. The Parties amended the Agreement by Amendment No. 5 dated March 17, 2020, to extend the Inspection Period to June 30, 2020. G. Due to additional due diligence review required by all Parties, including without limitation the determination whether the development of the Parking Facility or the Hotel Facility are feasible, the Parties desire to extend the Inspection Period to July 31, 2020, with options to extend the Inspection Period for further periods of time. Based on the foregoing, for good and valuable consideration and the representations set forth in the Recitals which are a material part of this Amendment No. 6 and are incorporated herein, the Parties agree as follows: 1. Section 7.1.1 of the Agreement is amended by deleting the first sentence in its entirety and inserting the following sentence in its place: Big Lick shall have 681 Days following the Effective Date to complete Big Lick's due diligence review of the Property (the "Inspection Period "). The Inspection Period expires on July 31, 2020, unless extended in accordance with Section 7.4 of this Agreement. 2. Section 7.4 of the Agreement is added to the Agreement: 7.4 MH hereby grants to Big Lick and City the right, exercisable at Big Lick and City's option, (hereinafter collectively referred to as the "Extension Options" and individually as an "Extension Option ") to extend the Inspection Period for four additional terms: one term of five calendar months, one term of six calendar months each, and two terms of three calendar months each (each such applicable term is hereinafter referred to as an "Extension Term "). For clarity, the Extension Terms are as follows: First Extension Term August 1, 2020 — December 31, 2020 Second Extension Term January 1, 2021 — June 30, 2021 Third Extension Term July 1, 2021 — September 30, 2021 Fourth Extension Term October 1, 2021 — December 31, 2021 If exercised, the First Extension Term shall commence immediately following the end of the Inspection Period and each succeeding Extension Term shall commence on the expiration of the immediately preceding Extension Term. The Extension Option shall automatically terminate upon the earliest to occur o£ (i) the termination of the Agreement; or (ii) the failure of Big Lick and City to timely or properly exercise the Extension Option, time being of the essence in any exercise thereof. Big Lick and City shall exercise each Extension Option by giving MH written notice (hereinafter referred to as the "Extension Notice ") thereof not later than five (5) Days prior to the expiration of the then - current Inspection Period. Big Lick and City shall each have the right to terminate the Agreement during an Extension Term by providing MH and the other Party written notice of termination pursuant to Sections 7.1 or 7.2 of the Agreement. In the event that Big Lick and City exercise an option to extend the Inspection Period, Big Lick agrees to pay MH, a payment of Fifty Thousand Dollars 2 ($50,000.00) for each of the First Extension Term and Second Extension Term and a payment of Twenty Five Thousand Dollars ($25,000.00) (each an "Extension Payment") for each of the Third Extension Term and Fourth Extension Term, until the earlier of (i) expiration of the applicable Extension Term; or (ii) termination of the Agreement by Big Lick or City. Big Lick shall pay to MH each Extension Payment on or before the fifth (5th) Day of the first month of the applicable Extension Term, in immediately available funds of the United States, without notice, setoff, deduction, or demand. The Agreement shall automatically terminate upon the failure of Big Lick to make an applicable Extension Payment. Upon termination, the Agreement shall automatically terminate and no Party shall have any further rights, or obligations thereunder. Big Lick shall be solely responsible for the payment of each Extension Payment. Each Extension Payment shall be non - refundable and shall not be applied to the MH Purchase Price or the Hotel Facility Property Purchase Price at Closing. 3. Except as amended herein, the Agreement remains in full force and effect in accordance with its terms. The Parties acknowledge and agree that the Agreement, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5, and this Amendment No. 6, constitutes the entire agreement between the Parties with respect to the purchase and sale of the MH Parcel and Hotel Facility Property. 4. Capitalized terms not defined in this Amendment No. 6 shall have the meaning ascribed to such terms as set forth in the Agreement. Dated as of the day and date first above written. SIGNATURES APPEAR ON FOLLOWING PAGES 3 IN WITNESS WHEREOF, the Parties have executed this Amendment No. 6 by their authorized representatives as of the date of this Amendment No. 6. WITNESS: Print name and title COMMONWEALTH OF VIRGINIA CITY OF ROANOKE CITY OF ROANOKE, VIRGINIA By: Robert S. Cowell, Jr. City Manager The foregoing Amendment No. 6 was acknowledged before me this day of , 2020, by Robert S. Cowell, Jr., the duly authorized City Manager of the City of Roanoke, Virginia, a Virginia Municipal Corporation, on behalf of the City of Roanoke, Virginia. My Commission expires: Approved as to form: Notary Public Approved as to execution: SEAL 4 WITNESS: Print name and title STATE OF CITY /COUNTY of MARKET HOLDINGS, LLC WE David Wine, Manager The foregoing Amendment No. 6 was acknowledged before me this day of , 2020, by David Wine, the duly authorized manager of Market Holdings, LLC, a Virginia limited liability company, on behalf of Market Holdings, LLC. My Commission expires: Notary Public SEAL WITNESS: Print name and title STATE OF CITY /COUNTY of BIG LICK HOSPITALITY, LLC a South Carolina limited liability company By: Aughtry Hotel Management, LLC a South Carolina limited liability company its Manager By:_ Name: Its: Paul C. Aughtry, III Manager The foregoing Amendment No. 6 was acknowledged before me this day of , 2020, by Paul C. Aughtry, III, the duly authorized manager of Aughtry Hotel Management, LLC, a South Carolina limited liability company, as the manager of Big Lick Hospitality, LLC, a South Carolina limited liability company, on behalf of Big Lick Hospitality, LLC. My Commission expires: Notary Public SEAL e� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2020. No. 41808 - 072020. A RESOLUTION approving the Roanoke Valley Broadband Authority's Amended and Restated Articles of Incorporation. WHEREAS, the Roanoke Valley Broadband Authority (the "Authority "), is an authority formed and existing in accordance with the provisions of Chapter 54.1 of Title 15.2 of the Code of Virginia, 1950, as amended, the Virginia Wireless Service Authorities Act §§ 15.2 - 5431.1 -15.2- 5431.37 (the "Act "); WHEREAS, by concurrent resolutions adopted October 21, 2013, the Board of Supervisors of Roanoke County, Virginia ( "Roanoke County "), the Board of Supervisors of Botetourt County, Virginia ( "Botetourt County "), the Council of the City of Roanoke, Virginia ( "Roanoke City ") , and the Council of the City of Salem, Virginia ( "Salem City ") adopted Articles of Incorporation (the "Articles ") of the Authority pursuant to the provisions of the Act; WHEREAS, the Authority has organized itself and operated successfully under the Articles and has established itself as an effective agent in the Roanoke Valley for its primary network infrastructure; WHEREAS, the Authority has established its significant network footprint in the Roanoke Valley and now serves major education and research institutions in the Innovation Corridor of the City of Roanoke and mission critical enterprises across all the localities of the Authority; WHEREAS, the Authority's revenues continue to increase with the addition of service providers utilizing its open access carrier grade fiber optic network; WHEREAS, the Authority continues to expand its network and serve the Roanoke Valley to support its mission and mandate, WHEREAS, the Authority continues to examine and evaluate new service areas and delivery methods to support the economic development and well -being of the Roanoke Valley; WHEREAS, the Authority has lobbied the Virginia General Assembly for the ability to increase the number of its Members and has received an amendment to the Act permitting the increase of its Members from five (5) to seven (7); WHEREAS, the Authority is considering the addition of Members representing Virginia Polytechnic Institute and State University and Carilion Clinic; WHEREAS, the Authority is following the procedure for amendment contained within the current Articles of Incorporation; WHEREAS, the Authority, through its Board of Directors, has resolved to amend and restate its Articles of Incorporation so as to allow additional membership in keeping with the recent changes to the Act enacted by the Virginia General Assembly; and WHEREAS, the Authority now seeks approval from the governing bodies of each of its member localities to amend, restate and file with the Virginia State Corporation Commission its Amended and Restated Articles of Incorporation substantially in the following form: AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE ROANOKE VALLEY BROADBAND AUTHORITY The Board of Supervisors of Roanoke County, Virginia, the Board of Supervisors of Botetourt County, Virginia, the Council of the City of Roanoke, Virginia, and the Council of the City of Salem, Virginia (the "Locality Members "), have by concurrent resolutions adopted the following Amended and Restated Articles of Incorporation of the Roanoke Valley Broadband Authority, pursuant to the Virginia Wireless Services Authorities Act (Chapter 54. 1, Title 15.2 of the 1950 Code of Virginia, as amended), (the "Act "). The Authority shall exist for a term of fifty (50) years from the date of the adoption of the concurrent resolutions as a political subdivision. -2- ARTICLE I NAME AND ADDRESS The name of the Authority is the Roanoke Valley Broadband Authority (the "Authority ") and the address of its principal office is 601 South Jefferson Street, Suite 110, Roanoke, VA 24011. The location of the principal office may be changed by the concurrence of three - fourths (3/4) of the Authority members present at any regular meeting, provided that the clerk of the governing body of each Locality Member has been notified of the contemplated relocation in writing at least thirty (30) days before such meeting. ARTICLE II CREATING JURISDICTIONS These Amended and Restated Articles of Incorporation shall not be further amended or changed without the express agreement of the governing body of each Locality Member. None of the following actions shall be taken or permitted to occur by the Board of the Authority without the affirmative vote of a majority of the Individual Members from each incorporating political subdivision creating the Authority: 1. The inclusion of additional political subdivisions in the Authority. 2. Additional agreements with political subdivisions other than Authority members, entities, or persons, local universities and colleges, local hospital systems, the Town of Vinton, and the Western Virginia Water Authority for the expansion of services or network, or wireless infrastructure. ARTICLE III MEMBERS, TERMS OF OFFICE The Authority will be governed by a Board consisting of seven (7) Individual Members, four (4) of which have been appointed or confirmed by the Locality Members. The fifth (5th) Individual Member is a Citizen Member who has been recommended by the Members and confirmed by the Locality Members. The sixth (6th) Individual Member shall be a Citizen Member nominated by Virginia Polytechnic Institute and State University and confirmed by the Locality Members. The seventh (7th) Individual Member shall be a Citizen Member nominated by Carilion Clinic and confirmed by the Locality Members. The term of office of the Authority Members shall be for four (4) years. Members may serve additional terms as appointed or nominated by their governing body. The initial terms of office for the sixth (6th) and seventh (7th) Citizen Members shall be staggered with the initial terms being for approximately 2 and 4 years ending December 12 in the appropriate year. The names and addresses, and terms of office of the current Members of the Board of the Authority and the two (2) new Citizen Members are as follows: -3- Name and address Designator Term expires 1. Jay Taliaferro City Manager's Office 114 North Broad Street Salem, VA 24153 2. Dan O'Donnell County Administrator's Office 5204 Bernard Drive Roanoke, VA 24018 -0798 3. Gary Larrowe County Administrator's Office 1 West Main Street, Box 1 Fincastle, VA 24090 4. Michael McEvoy Western Virginia Water Authority 601 S. Jefferson Street, Suite 200 Roanoke, VA 24011 Salem Roanoke County Botetourt County Broadband Authority 5 Robert S. Cowell, Jr. Roanoke City City Manager's Office Room 364, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 12/12/23 12/12/21 12/12/23 12/12/21 12/12/23 6. Scott F. Midkiff, Ph.D. Virginia Tech 12/12/22 Vice President for Information Technology & Chief Information Officer Professor of Electrical and Computer Engineering Vice President for Information Technology (0169) Burruss Hall, Suite 314, Virginia Tech 800 Drillfield Drive Blacksburg, VA 24061 7. Robert K. Perry (Keith) Senior Vice President and CIO Carilion Clinic 451 Kimball Ave. Roanoke, VA 24016 Carilion Clinic 12/12/24 The governing body of each Locality Member shall be empowered to remove, at any time, without cause, the Individual Member appointed by it and appoint a successor Individual Member to fill the unexpired portion of the removed Member's term. Vacancies on the Board -4- shall be filled for the unexpired term in the same manner as the appointment of the Individual Member being removed from or vacating the Board was made. Each Individual Member shall be reimbursed by the Authority for the amount of actual expenses in performance of duties as an Individual Member of the Authority. Each Individual Member of the Board shall have one equal vote in all matters before the Authority. Individual Members may resign at any time. ARTICLE IV PURPOSE The purpose of the Authority is to provide qualifying communication services as authorized by Article 5.1 (§ 56- 484.7:1 et seq.) of Chapter 15 of Title 56 of the 1950 Code of Virginia, as amended and to provide such other services as provided by law and Chapter 54.1 of Title 15.2 of the 1950 Code of Virginia, as amended. Such services are to be provided to the geographic areas of the County of Roanoke, the County of Botetourt, the City of Roanoke, the City of Salem, Virginia and to such other service areas as the Board may adopt from time to time to establish local governmental network(s) to meet the communication needs of Locality Members, Virginia Polytechnic Institute and State University and Carilion Clinic and their affiliates and subsidiaries and in accordance with the contracts and agreements by and between this Authority and other private or public entities as the Authority may agree in writing upon the terms and conditions established pursuant to such contracts. ARTICLE V POWERS, GENERAL OPERATIONS The Authority shall have all the powers granted by Section 15.2 - 5431.11 of the 1950 Code of Virginia, as amended. The general business of the Authority, including the issuance of revenue bonds and refunding bonds as permitted by the Act and the expenditure of funds for general expenses, shall be conducted by the majority action of the Board of the Authority, provided such Board may create an executive committee and such other committees as the Board may direct, including project committees. The Authority is vested with the powers of a body corporate, including the power to sue and be sued in its own name, plead and be impleaded, and adopt and use a common seal and alter the same as may be deemed expedient. ARTICLE VI DISSOLUTION The Board of the Authority may determine that the purposes for which the Authority was created have been completed, or are impractical or impossible to complete, and that all of the obligations have been paid, or have been assumed by one or more political subdivisions or any Authority created thereby, or that cash or United States government securities have been deposited for their payment. In such event, it shall adopt and file with each of the governing bodies a resolution declaring such facts. If the governing bodies adopt a resolution, concurring - 5 - in such declaration and finding that the Authority should be dissolved, they shall file appropriate articles of dissolution with the State Corporation Commission. ARTICLE VII WITHDRAWAL OF LOCALITY A locality may withdraw from the Authority at any time, provided, that no locality may withdraw from the Authority at any time when,bonds are outstanding unless all remaining members approve such withdrawal at such time. Prior to withdrawing, a locality shall provide the Authority and each of the other participating localities with written notice of the locality's intent to withdraw. In the event that a locality withdraws, such locality electing to withdraw shall execute all documents necessary to reflect such withdrawal, the remaining participating localities shall appoint a replacement member to the Board, and file proper amendments to these Articles with the State Corporation Commission. If any of the governing bodies of the remaining participating localities fails to act or are unable to act to appoint a replacement member within sixty (60) days after the locality electing to withdraw provides notice of withdrawal, then the appointment of the replacement member shall be made by the judges of the Circuit Court for the 23`d Judicial Circuit. ARTICLE VIII AUDIT The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing bodies of each of the incorporating political subdivisions. IN WITNESS WHEREOF, the Board of Supervisors of Roanoke County, Virginia, the Board of Supervisors of Botetourt County, Virginia, the City Council of the City of Roanoke, Virginia, and the City Council of the City of Salem, Virginia have caused these Articles of Incorporation to be executed in their respective names, and their respective seals have been affixed and attested by the respective clerks of each, this day of ROANOKE COUNTY, VIRGINIA Attest: By: Deborah C. Jacks, Chief Deputy Clerk to the Board SEAL M David F. Radford, Chairman Board of Supervisors Approved as to Form: County Attorney Attest: Susan Fain, Deputy Clerk to the Board SEAL Approved as to Form: County Attorney Attest: Cecelia F. McCoy, CMC, Clerk SEAL Approved as to Form: City Attorney BOTETOURT COUNTY, VIRGINIA By: Billy W. Martin, Sr., Chairman Board of Supervisors CITY OF ROANOKE, VIRGINIA WE -7- Sherman P. Lea, Sr., Mayor Attest: James Taliaferro, Clerk SEAL Approved as to Form: CITY OF SALEM, VIRGINIA LIN Renee F. Turk, Mayor City Attorney [End form of Amended and Restated Articles of Incorporation] NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, as follows: 1. The Authority's Amended and Restated Articles of Incorporation are hereby approved by the Council of the City of Roanoke, Virginia, and that the two new Citizen Members nominated by Virginia Polytechnic Institute and State University and Carilion Clinic are hereby confirmed. 2. The Mayor is hereby authorized to execute the Amended and Restated Articles of Incorporation, substantially if the form as presented in this Resolution and subject to approval as to form by the City Attorney. 3. City Council approves the filing of the Authority's Amended and Restated Articles of Incorporation with the Virginia State Corporation Commission. 4. This resolution shall take effect upon passage. ATTEST: 0��.�� City Clerk. W2 Members absent Votes For Votes Against Abstentions CERTIFICATION The undersigned Clerk of the Council of the City of Roanoke, Virginia, does hereby certify that the foregoing is a true, complete and correct Resolution adopted by a vote of a majority of the Members of the Council of the City of Roanoke, Virginia, present at a regular meeting of the Members of the Council of the City of Roanoke, Virginia, duly called and held , 2020, at which a quorum was present and acting throughout, and that the same has not been amended or rescinded and is in full force and effect as of the date of this certification, 32020. (SEAL) Cecelia F. McCoy, Clerk, Council of the City of Roanoke, Virginia Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 TELEPHONE 540- 853 -2431 FAX 540- 853 -1221 EMAIL: cityatty(-roanokeva.gov July 20, 2020 The Honorable Sherman P. Lea, Sr., Mayor and Members, Roanoke City Council Timothy R. Spencer David L. Collins Heather P. Ferguson Laura M. Carini Douglas P. Barber, Jr. Assistant City Attorneys Re: Approval of Roanoke Valley Broadband Authority Membership Changes Dear Mayor Lea and Members of Council: Background: Pursuant to Section 54.1, Title 15.2 of the Code of Virginia (1950), as amended, and Roanoke City Council Resolution No. 39745- 090313, adopted September 3, 2013, the City of Roanoke became a member of the newly created Roanoke Valley Broadband Authority, and adopted the Articles of Incorporation of the Roanoke Valley Broadband Authority. Currently the Broadband Authority consists of five (5) members, one from each of the 4 governing bodies of the participating localities, Roanoke County Board of Supervisors, Botetourt County Board of Supervisors, Roanoke City Council, and Salem City Council. The fifth member, the Citizen Member, is chosen by the four governing body members. The Virginia General Assembly recently passed an amendment to the Virginia Wireless Services Authority Act, Section 15.2 - 5431.10, Code of Virginia (1950), as amended, allowing Authorities to increase their membership to include up to seven (7) members. In accordance with the aforementioned amendment, the Authority seeks to add two (2) additional Citizen Members, one nominated by Virginia Polytechnic Institute and State University and one nominated by Carilion Clinic. The attached letter from Frank M. Smith, II, President and CEO of the Roanoke Valley Broadband Authority provides further information for your consideration. Considerations: Amended and Restated Articles of Incorporation for the Roanoke Valley Broadband Authority require the approval of the City of Roanoke and its other members. Other member jurisdictions are considering the adoption of similar resolutions. Recommended Action: Adopt the accompanying resolution which incorporates the Authority's Amended and Restated Articles of Incorporation, and authorize their filing with the Virginia State Corporation Commission. DJC. /lsc c: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations W. Brent Robertson, Assistant City Manager for Community Development Robert Ledger, Director of Economic Development Laura M. Carini, Assistant City Attorney -- ROANOKE VALLEY 601 S. Jefferson Street, Suite 110, Roanoke, VA 24011 Frank M. Smith, II, President & CEO fsmith(a)highspeedroanoke net Ph: 540.904.1073 June 25, 2020 Roanoke City Council c/o Mr. Robert S. "Bob" Cowell, City Manager City of Roanoke, Virginia 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 RECEIVED JUL 0 2 2020 CITY ATTORNEY'S OFFICE BOARD MEMBERS: Jay Taliaferro, City of Salem Bob Cowell, City of Roanoke Dan O'Donnell, Roanoke County Gary Larrowe, Botetourt County Mike McEvoy, Citizen Re: Approving Roanoke Valley Broadband Authority Membership Changes To the Honorable Members of Roanoke City Council: The Virginia General Assembly recently passed an amendment to the Virginia Wireless Services Authority Act at Va. Code § 15.2 - 5431.1 — 15.2- 3431.37 (the "Act ") allowing Authorities governed by the Act to increase their membership to include up to seven (7) members. Currently, the Roanoke Valley Broadband Authority (the "Authority ") consists of five (5) Individual Members. Each of the four (4) governing bodies of the participating localities appoints a Locality Member. These Locality Members then vote to choose the fifth (5th) Citizen Member whose membership is confirmed by the governing bodies of the participating localities. In accordance with the aforementioned amendment and the changes to the Act, the Authority seeks to add two (2) additional Citizen Members: a sixth (6th) Citizen Member nominated by Virginia Polytechnic Institute and State University and a seventh (7th) Citizen Member nominated by Carilion Clinic. Both the sixth (6th) and seventh (7th) Citizen Members must be confirmed by the Locality Members. Adding representatives from these two dynamic and vital institutions will add depth and breadth to the vision and mission of the Authority. I am writing on behalf of the Authority to request that you approve and adopt the enclosed resolution approving the membership changes shown in the Authority's Amended and Restated Articles of Incorporation, and authorize their filing with the Virginia State Corporation Commission. The Amended and Restated Articles of Incorporation are made a part of a proposed resolution included with this letter. Roanoke City Council June 25, 2020 Page 2 Please let me know when this resolution will be presented and I will plan to attend the meeting. Please do not hesitate to contact me with questions or concerns. Thank you for your attention to this matter. Sincerely, Frank M. Smith, II, President and CEO Roanoke Valley Broadband Authority Enclosure c: ✓ Daniel J. Callaghan, Esq. (w /encl.) 0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2020. No. 41809- 072020. AN ORDINANCE amending and reordaining Section 14.1 -1, Definitions, Article I, In General; Section 14.1 -25, Collection of sharps, Division 1, Generally, Article II, Collection by an Authorized Person; Section 14.1 -42, Application for license, Division 2, Private Collection of Bulk Containers, Article II Collection by an Authorized Person; and Section 14.1 -45. - Placement and maintenance of bulk containers, Division 2, Private Collection of Bulk Containers, Article II Collection by an Authorized Person; of Chapter 14. 1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, to comply with Virginia State Code; 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: I. Chapter 14. 1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended, and reordained to read and provide as follows: Sec. 14.1 -1. Definitions. ARTICLE I. IN GENERAL Household sharps means any needles syringes with attached needles lancets auto miectors pen needles and any other devices that are used to penetrate the skin for the delivery of medications,-that are derived from households through self -care rather than under the care of a home healthcare professional or at a healthcare facility. Household sharps are sharps which except for the fact that they are derived from a household would otherwise be classified as a regulated medical waste. Household waste means any waste material including garbage, trash and refuse derived from households. Households include single and multiple residences hotels and motels bunkhouses ranger-stations, crew quarters, campgrounds, picnic grounds and day -use recreation areas Household waste does not include 1 sanitary waste in septic tanks (septa e). Waste generated by a health care professional or nonstationary health care provider administering care in a household mobile unit or commercially operated residence or outpatient recovery facility, that meets the definition of regulated medical waste is not household waste and must be managed as regulated medical waste. Regulated Medical Waste shall mean "regulated medical waste" as defined in 9 V.A.C. 20- 120 -10 and 9 V.A.C. 20- 120 -80 et seq. This definition includes, human blood and other bodily fluids and any wastes contaminated with such, cultures and stock microorganisms and biologicals, tissues and other anatomical wastes. Because of eaflister-S, S, Regulated medical waste does not include "household waste" as that term is defined herein. ARTICLE II. COLLECTION BY AN AUTHORIZED PERSON DIVISION 1. GENERALLY Sec. 14.1 -25. Collection of household sharps. (a) Household Sharps shall be placed for collection in an opaque plastic container, such as an empty bleach container, a heavy plastic laundry detergent container, an empty milk container, or an empty plastic carbonated beverage container which is tightly sealed with a lid. Such a lid shall be taped closed. (b) Be€e a se tii3 hOUSehQ14::f S oatfaf! lleetion. tThe opal plastic container, in which the household sharps they are placed stered shall be marked with indelible ink "household sha s do not recycle" or "home generated sharps, do not recycle" on at least two (2) sides of the container y with thi 45-a a c Once the household sharps container is properly taped closed and labeled it shall then be placed within the individual refuse container used by the household The household sha s container shall not be laced for collection by itself or in a recycling container. Failure to comply with this provision is a Class 1 misdemeanor. 2 DIVISION 2. - PRIVATE COLLECTION OF BULK CONTAINERS Sec. 14.1 -42. - Application for license. (a) An applicant for the license required by this division shall file with the city manager an application which sets forth: (1) The name and address of the applicant; (2) The trade name under which the applicant does or proposes to do business; (43) Whether the applicant or any officer or principal of the applicant has been convicted of any violation of federal, state or municipal law; and (54) Any other information required by the city manager relating to the ability of the applicant to operate consistently with the public health, safety and welfare. Sec. 14.1 -45. - Placement and maintenance of bulk containers. (a) No person shall place any bulk container on public property or in the public right -of -way without first acquiring a dumpster /container permit as outlined in Section 30-2(b) nor shall any person place such bulk container on private property in such way that collection of solid waste will obstruct or impede pedestrian or vehicular traffic or otherwise create a safety hazard. 2. This ordinance shall be effective as of the date of its passage. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. 3 Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 TELEPHONE 540- 853 -2431 FAX 540- 853 -1221 EMAIL: cityatty@roanokeva.gov July 20, 2020 The Honorable Sherman P. Lea, Sr., Mayor and Members, Roanoke City Council Re: Code Amendment Solid Waste Management Chapter 14.1 Dear Mayor Lea and Members of Council: Background: Timothy R. Spencer David L. Collins Heather P. Ferguson Laura M. Carini Douglas P. Barber, Jr. Assistant City Attorneys Part 1: Regulated Medical Waste Solid Waste Management Chapter 14.1 of City Code currently includes a definition of "Regulated Medical Waste" and "Sharps." City staff was recently informed that the Virginia Department of Environmental Quality ( "VDEQ ") is in the process of completely re- writing their regulations regarding "Regulated Medical Waste." This upcoming re -write makes it clear that medical waste (sharps, blood, tissue, bodily fluids etc.) generated by people living in their own homes is not and cannot be regulated by the state or by a locality. In order to ensure that the City's Code is in compliance with this position, City staff has prepared proposed amendments which define "Household Waste" and "Household Sharps" and then explicitly excludes those items from the definition of "Regulated Medical Waste." Part 2: Bulk Containers Solid Waste Management Chapter 14.1 of City Code also includes regulations that apply to private bulk container collection services. City staff has two recommended amendments. The first amendment involves removing Section 14.1- 42(a)(3) which currently requires applicants to provide a "rate schedule" for uncompacted bulk container service. The City no longer regulates this rate, therefore deletion is recommended. In addition, staff recommends adding a reference to Section 30 -2(b) within Section 14.1 -45(a) in order to ensure that licensed bulk container collection service providers follow the proper procedures when applying for individual dumpster /container permits. Considerations: The above - described amendments are needed to align City Code with State Regulations and to clarify other aspects of the Code. Recommended Action: Adopt the accompanying ordinance to amend Chapter 14. 1, Solid Waste Management, of City Code, by amending and reordaining Sections 14.1 -1, 14.1 -25, 14.1 -42 and 14.1 -45. g el truly : C J. C City At4 DPB, Jr. /lsc c: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Jeffrey Powell, Director, General Services Christopher Blakeman, Environmental Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2020. No. 41810 - 072020. AN ORDINANCE extending the term of Ordinance No. 41703 - 032720, as supplemented by Ordinance No. 41709- 040620, and as reinstated, reordained, and reaffirmed by Ordinance No. 41797 - 070620; establishing an effective date; and dispensing with the second reading of this ordinance by title. WHEREAS, as a result of the COVID -19 pandemic the disaster and the declarations of emergency by the President of the United States, the Governor of the Commonwealth of Virginia, and the City of Roanoke, City Council adopted Ordinance No. 41703 - 032720, at a special session of City Council on March 27, 2020, to effectuate temporary changes in certain deadlines, modifying public meeting and public hearing practices and procedures to address the continuity of operations, and authorizing the City Manager to set the date and time of public hearings on the FY2021 budget and related matters; WHEREAS, City Council supplemented Ordinance No. 41703- 032720 to effectuate changes in the deadlines for responding to requests for records under the Virginia Freedom of Information Act with the adoption of Ordinance No. 41709- 040620; WHEREAS, Ordinance No. 41703- 032720, as supplemented by Ordinance No. 41709- 040620, was in effect for a period of sixty (60) days, subject to further action by City Council; WHEREAS, in April 2020, the General Assembly enacted Section 4- 0.01(g), Chapter 1283, Virginia Acts of Assembly, 2020 Session (Chapter 1283), that authorized, among other matters, that public bodies could meet via electronic communication means without a quorum physically present in one location during the pandemic disaster; state of emergency created by the COVID -19 WHEREAS, City Council adopted Ordinance No. 41797- 070620, to reinstate, reordain, and reaffirm Ordinance No. 41703 - 032720, as supplemented by Ordinance No. 41709- 040620 from May 25, 2020 through and including July 31, 2020; and WHEREAS, City administration recommends that City Council further extend the term of Ordinance No. 41703- 032720, as supplemented by Ordinance No. 41709 - 040620 from July 31, 2020, through and including December 31, 2020. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The term of Ordinance No. 41703 - 032720, as supplemented by Ordinance No. 41709- 040620 and reinstated, reordained, and reaffirmed by Ordinance No. 41797- 070620, be extended from July 31, 2020 through and including December 31, 2020, to ensure that operations within the City continue without interruption from the COVID -19 pandemic disaster. 2. The provisions of Ordinance No. 41703- 032720, as supplemented by Ordinance No. 41709- 040620, as reinstated, reordained, and reaffirmed by Ordinance No. 41797- 070620, shall remain in full force and effect from March 27, 2020, through and including December 31, 2020, unless amended, rescinded, or readopted by City Council. 3. This Ordinance shall be effective upon passage. 4. The second reading of this Ordinance is hereby dispensed with. ATTEST: 4� City Clerk. Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 TELEPHONE 540 - 853 -2431 FAX 540 - 853 -1221 EMAIL: cityatty @roanokeva.gov July 20, 2020 The Honorable Sherman P. Lea, Sr, Mayor and Members of City Council Timothy R. Spencer David L. Collins Heather P. Ferguson Laura M. Carini Douglas P. Barber, Jr. Assistant City Attorneys Re: Proposed Ordinance Extending the term of Ordinance No. 41703 - 032720, as supplemented by Ordinance No. 41709, as reinstated, reordained and reaffirmed by Ordinance No. 41797- 070620 Honorable Mayor and Members of Council: As a result of the COVID -19 pandemic disaster and declarations of emergency made by the President of the United States, the Governor of the Commonwealth of Virginia, and the City of Roanoke, City Council adopted Ordinance No. 41703 - 032720, at a special session of City Council on March 27, 2020, to effectuate temporary changes in certain deadlines, modifying public meeting and public hearing practices and procedures to address the continuity of operations, and authorizing the City Manager to set the date and time of public hearings on the FY2021 budget and related matters (the "Emergency Ordinance "). On April 6, 2020, City Council supplemented the Emergency Ordinance with the adoption of Ordinance No. 41709- 040620 to address deadlines for responses to requests for public records under the Freedom of Information Act ( "Supplemental Ordinance "). On July 6, 2020, City Council reinstated, reordained, and reaffirmed the Emergency Ordinance, as supplemented by the Supplement Ordinance, and extended the term to July 31, 2020. In discussions with City Administration and continued concern in the efforts to control the spread of the COVID-19 pandemic, we recommend that City Council extend the term of the Emergency Ordinance, as supplemented by the Supplemental Ordinance, through December 31, 2020. This action will allow continuation of the Emergency Ordinance, as supplemented by the Supplemental Ordinance, from March 27, 2020 through and including December 31, 2020, subject to the provisions of Section 15.2 -1413, Code of Virginia (1950), as amended. Based on the foregoing, I recommend that City Council adopt the attached proposed Ordinance. incerely, Daniel J. C ghan Roanoke Cit Attorney c: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations W. Brent Robertson, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Timothy R. Spencer, Senior Assistant City Attorney 01�� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2020. No. 41811 - 072020. AN ORDINANCE to appropriate funding from the Commonwealth and private grant for various educational programs, amending and reordaining certain sections of the 2020 -2021 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 2020 -2021 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Data Processing Equipment Data Processing Equipment Data Processing Equipment Revenues State Grant Receipts Local Match 302 - 280 - 0000 - 1000 — 329Q - 68200 - 48826 - 3 - 01 $ 808,800 302 - 280 - 0000 - 1170 — 329Q - 68200 - 48826 - 3 - 01 26,000 302 - 280 - 0000 - 0553 — 329Q - 68200 - 48826 - 3 - 01 26,000 302 - 000 - 0000 - 0000 — 329Q - 00000 - 32104 - 0 - 00 $ 726,000 302 - 000 - 0000 - 0000 — 329Q - 00000 - 72000 - 0 - 00 134,800 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. July 20, 2020 The Honorable Sherman P. Lea, Sr., Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Mayor Lea and Members of Council: As a result of official School Board action on Tuesday, July 14, 2020, the Board respectfully requests that City Council approve the following appropriation request: New Appropriation Award School Instructional Technology Virginia Public Authority (VPSA) Bond Funds, Series XX 2020 -21 $860,800.00 On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. Poulton Clerk pc: Dan Callaghan Verletta B. White Bob Cowell Kathleen Jackson Amelia Merchant Mary Talley (w /details) Lutheria H. Smith ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City. School Board Lutheria H. Smith Chair Dr. Eli C. S. Jamison Vice Chair Mark K. Cathey Laura D. Rottenborn Natasha N. Saunders Joyce W. Watkins Dick Willis Verletta B. White Superintendent Cindy H. Poulton Clerk of the Board www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 Y. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2020 Subject: School Board Appropriation Request Background: As the result of official Roanoke City School Board action at its Tuesday July 14th, 2020 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The Virginia Public School Authority (VPSA) grant award of $860,800 supports school divisions' efforts to implement the Standards of Learning (SOL) Web -based Technology Initiative. Specifically, funds are for use in establishing a computer -based instructional and testing system for the SOLs, developing the capability for high speed internet connectivity at all schools, and administering 100% of SOL tests online. This program will be fully funded by state funds and the required local match. This is a continuing program. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget o ' tablish revenue estimates and to appropriate funding as outlined. Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Dan Lyons, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Director of Finance Star City Strong Recovery Fund Task Force Recommendations July 20, 2020 11Page Letter from Mayor Sherman P. Lea, Sr. and Vice -Mayor Joe Cobb In March, COVID-19 arrived in Roanoke. In a matter of weeks the virus went from a distant news story to local hospitalizations, closed businesses, essential services delivered remotely and a local economy reeling from the impacts. This has not been equitably borne, our Hispanic community has been disproportionately impacted by the virus, and businesses engaged in hospitality and food service have suffered the brunt of the economic impacts. Small businesses, performing artists and cultural institutions had to pivot; closing their doors and innovating new ways of reaching their customers and patrons. The virus once again highlighted the vulnerability of our community and the inequities that have long existed. In May, unrest caused by the death of George Floyd in Minneapolis amplified these vulnerabilities and inequities. But, Roanoke is an All - America City! We never just sit back and let things happen and the current circumstances would be no different. Almost immediately upon arrival of the virus, non - profits came together, coordinated by the United Way of Roanoke Valley to begin addressing the immediate basic needs of our community, businesses began reinventing themselves and the products and services they could offer, local government began providing technical and financial assistance and adapting delivery models for essential services and health care providers ramped up to prepare for whatever may come their way. While the community continued its response to COVID -19, the City began preparations to support the community's recovery. This started with the formation of a framework (Star City Strong: Response, Recovery, Resiliency) to guide our efforts and we did what an All - America City does - turned to our community to determine what is needed next. This engagement included a series of "community conversations', consisting of virtual focus groups and individual interviews, on -line solicitation of ideas, weekly press conferences and a comprehensive social media campaign. In June, the Council formed the Star City Recovery Fund Task Force to evaluate the situation and make recommendations to the Council about how best to financially support the community's recovery. This dynamic group of thirty -six appointed community representatives immediately went to work and have delivered a set of recommendations that support the community's recovery and in a way that makes us stronger and more resilient. This effort itself is just a step along a long path which will later this year, include updating the City's Strategic Plan and preparing the FY22 budget - ensuring we are conducting the City's business and investing our tax dollars in ways that transform our community to one that is more equitable and just. For these efforts we say thank you to the Task Force members for doing their part to ensure we remain Star City Strong! Mayor Sherman P. Lea, Jr. Vice -Mayor Joe Cobb 21 Page Introduction In late May the City unveiled its preliminary plan for supporting the community's recovery from COVID -19- related impacts. This plan, Star City Strong: Response, Recovery, Resiliency, was designed to guide the City through its on -going response to and its recovery from the virus, both grounded in the values of equity and resiliency. On June 1 the City Council formed the Star City Strong Recovery Fund Task Force (Ordinance attached) which was to be co- chaired by the Mayor and Vice - Mayor. On June 15 the Council appointed thirty -six community members to serve on the Task Force. The stated objective of the Task Force was "to consider the challenges confronting the City from the COVID -19 pandemic disaster and the opportunities available to the community through the Star City Strong Recovery Fund, and to make recommendations to City Council regarding the use of the Star City Strong Recovery Fund ". The Task Force worked diligently to achieve this objective in a short time -frame and presents the enclosed recommendations. The Members of the Star City Strong Recovery Fund Task Force are: Co- Chairs Mayor Sherman P. Lea, Sr. Vice -Mayor Joe Cobb Citizens -at -Large Pamela Smith Tommy Page Jan Keister Joshua Patrick Gloria Manns Andrea Micklem Bethany Lackey Health Care/Biomedical Research Cynthia Lawrence, Carilion Clinic Shanell Steelman Antonio Segovia Hospitality/Entertainment Landon Howard, Visit Virginia's Blue Ridge Diane Haley Brian Wells Small Business Joyce Waugh, Roanoke Regional Chamber of Commerce Kat Pascal Nathan Webster Manufacturing James E. Smith, Sr., Genedge Troy Cook Tamea Franco Outdoor Recreation Pete Eshelman, Roanoke Outside Chris Bryant Carol Rowlett Vulnerable Population/Non- Profits Abby Hamilton, United Way of Roanoke Valley Karen Pillis Debbie C. Brown Arts & Culture Shaleen Powell, Roanoke Cultural Endowment 31 Page Ellen Stick Rachel Hopkins Roanoke Chapter of the Southern Christian Leadership Conference Education Mignon Chubb -Hale Carole Tarrant, Western Virginia Community College Jerel Rhodes Cheryl Mosley Roanoke Branch of the National Association for the Advancement of Colored People Brenda Hale Roanoke Latinx Community Dr. Elda Stanco- Downey Youth Services Citizens Board Representatives Christion Bryant Brianna Wilson The Task Force was assisted in its efforts by several members of the City of Roanoke staff: Ex- Officio City Manager Bob Cowell Dan Callaghan, City Attorney Amelia Merchant Susie McCoy, City Clerk Rob Ledger Brent Robertson, Assistant City Tiffany Bradbury Manager Angie O'Brien 41 Pa e Background & Context On March 11, 2020 the World Health Organization declared COVID -19 a global pandemic. On March 12, 2020 Governor Northam declared a State of Emergency for the Commonwealth of Virginia. On March 17, 2020 a local State of Emergency was declared by the City of Roanoke and so began the first stage related to the pandemic. Roanoke is approaching this unprecedented public health and economic crisis within the context of three stages - Response, Recovery, and Resiliency. While each are unique in their challenges and necessary actions, overlap is expected as the community transitions from one stage to the next. Each stage is further explained in the following: Response With the enactment of the local State of Emergency on March 17, the City of Roanoke officially initiated its response to COVID -19. As of the preparation of this document, the City remains in the Response Stage while initiating the Recovery Stage. The Response Stage included a number of significant actions designed primarily to address the public health needs of the community and the City workforce and secondarily to mitigate economic impacts associated with the virus. Notable actions in addition to the State of Emergency declaration included activation of emergency operations, closure of municipal facilities and cancellation of most civic events and public meetings, implementation of community -wide extreme physical distancing, alterations in public service delivery, COVID-19 testing and contract tracing, emergency financial support to small businesses and vulnerable populations, municipal expenditure controls, and various policy adoptions. Recovery Though we remain in the Response Stage, it is necessary that the community progress into the Recovery Stage. It is therefore appropriate to undertake recovery initiatives and projects even while continuing to respond to the immediate health and safety needs of our community. The Recovery Stage is informed by data and guidance from local, state and federal sources. The focus of the Recovery Stage is supporting the "re- opening" of the local economy and municipal operations in a safe manner and supporting our local businesses and impacted individuals and families. Resiliency As has been the case historically, Roanoke will face similar challenges in the future that place the community's health and well -being at great risk. Most immediately is the risk of resurgence of the COVID -19 virus over the upcoming months or even years. Once recovery is well underway, steps should be taken to fortify our community and local economy against similar future shocks, to the extent practical. As the current pandemic has demonstrated, such crises rarely limit their impacts to a single jurisdiction or geography. Actions in this stage therefore must be fully integrated in similar efforts at the regional, state and national levels. 61 Page At the time this report was prepared nearly four million Americans had tested positive for COVID -19 - 809 in the City of Roanoke, and more than 142,000 had succumbed to its impact - 24 in our region. In addition to the loss of life, the Nation and our area have experienced unprecedented economic loss and associated unemployment. At the time of preparing this report more than 12% of the residents of the City of Roanoke remained unemployed with many of those in jobs in hospitality and restaurants. A disproportionate number of those impacted by the economic losses are Hispanic or African American. Businesses throughout the Nation, Virginia and in our area have been greatly impacted. Small businesses and those engaged in hospitality and food service have been especially impacted. Gig workers, performing artists, and arts and culture groups have likewise been impacted with many venues still unable to open and few able to perform. Area non - profits have seen unprecedented demands on their services for access to food, emergency health care, and requests for assistance with basic needs such as housing, utilities, and transportation. For the past several years Roanoke has experienced significant economic growth led by the high - growth sectors of health care, biomedical research and higher education. These have been accompanied by growth in tourism, hospitality and advanced manufacturing. What has emerged in the past decade is a strong city with a vibrant urban core set amongst great outdoor amenities and natural beauty. It has been known for some time that not all in our community have participated in this recent resurgence. The City and the network of social service providers and non - profits have worked diligently to address the issues of poverty. COVID -19 laid bare the depth of these challenges and the more recent demonstrations around racism and inequities have amplified these even more. What is needed is not just recovery - not a return to what the pre- COVID -19 world was like but a new recovery - one that regains the momentum we were experiencing but in a manner that focuses on addressing the inequities that kept many of our residents, families, and businesses from fully participating in the success of our community. The work of the Task Force, combined with the work the City Council will be doing throughout the remainder of the year on revising their Strategic Plan and shaping their FY22 budget, is one step in shaping this new, better, stronger Star City. �1 ❑C 71 Page Star City Strong Recovery Fund With the adoption of the Star City Strong Plan, the City Council stated its intent to provide at least $1 million to support the community's recovery. The Council has been able to honor this commitment and further it. There is currently more than $7 million available to support recovery. The bulk of this support comes from funding made available through the CARES Act passed by Congress earlier this year and made available to the City through the State on June 1. The City received $8.6 million in CARES Act funding. $3 million of the funding is being retained to address COVID- related costs incurred by the City in the Response Stage. The other $5.6 million is available to support the recommendations of the Task Force. Use of these funds is tightly regulated by the Act and must be spent by the end of the calendar year. In addition to CARES Act funds, the City received a special allocation of CDBG funds in the amount of $1.056 million. Most of these funds were immediately distributed to local non- profits in the Response Stage of the City's efforts. However, $405,000 of these funds was allocated to support small businesses; these funds have been designated to support the recommendations of the Task Force. The City also received two special allocations of ESG (Emergency Shelter Grant) funding from HUD to address homelessness and the prevention of homelessness. Combined these allocations equate to $1.4 million. As with the special CDBG allocation, a portion of these funds were immediately put to use providing housing support for homeless individuals and families in need of housing during times of self - isolating or quarantining due to COVID. At least $1 million remains available to support the recommendations of the Task Force, though they come with restrictive limits. The City has also designated $500,000 from Economic Development funds to support the recommendations of the Task Force. In addition to these funds, the CARES Act provided approximately $6 million in aid to the Roanoke City Public School Division and $20 million to the Roanoke - Blacksburg Regional Airport. Valley Metro, the City's transit operation received an additional $8 million in aid which was used to support operations during the Response Stage. All combined these funds represent the opportunity for a significant response to the recovery needs of the community and will help support many of the Task Force's priority recommendations. 81 Page Recommendations The Task Force recommends that the City Council support the community's recovery by emphasizing four specific areas believed essential if our recovery is to be sustainable and equitable: • Community Health • Economy • Safety Net • Youth & Education The Task Force strongly believes that the greatest benefits will come from supporting the local economy, particularly small businesses as they grapple with the impact of COVID and in ensuring the most vulnerable portions of our population are provided the support they need to not only survive through the Response Stage but be better prepared to fully join in the community's post - COVID economic recovery. Community Health - At least $1.2 million This set of priority initiatives and projects very much represent the bridge between the Response Stage and the Recovery Stage, recognizing that any sustainable recovery is dependent upon successfully responding to the virus. Increased availability of COVID -19 Testint - It is recognized that even as the Virginia Department of Health conducts COVID -19 testing and associated contact tracing, their resources are limited, which could impact the amount and timeliness of testing which they depend upon for public health responses and upon which business, families and individuals depend to make decisions. This recommendation provides additional funding to support an increase in testing and related support services with a particular emphasis on reaching high -risk and vulnerable populations. • PPE health screenings, air filtration, cleaning, etc. - In addition to timely testing and contact tracing, it is recognized that adequate PPE and physical upgrades to spaces used by people are essential in managing the virus and keeping people safe. Access to PPE and the associated costs can be a burden to many, including individuals, businesses, and performing arts venues and cultural institutions. This recommendation provides additional access to PPE and additional funding to support the acquisition and distribution of PPE, staffing needed to conduct appropriate health screenings and appropriate physical upgrades to facilities, with a particular emphasis on vulnerable populations, small businesses and local performing arts venues. • Funding to address mental health care (trauma substance use, etc) - The unprecedented response required to combat COVID -19 and the associated physical and social distancing that has resulted, has placed a significant toll on the mental health of our residents resulting in increases in those seeking mental health counseling, substance use and suicide. This recommendation provides additional funding to support the 101 Page expansion of services to address these challenges, with an emphasis on services provided through local no to low cost clinics and on responses to substance use. Funds to address increased costs to health clinics - Local demands for increased services placed upon our local no and low cost clinics have strained them greatly from a personnel and financial perspective. This recommendation provides additional funding to support the costs incurred by these clinics both to adapt their services and to address the increased demand for those services. Economy - At least $2.5 million This set of priority initiatives and projects acknowledge the tremendous toll the response to COVID -19 has had on our local economy, especially on small businesses and workers employed in specific industries hit particularly hard, such as hospitality, entertainment and food services. Tob training for displaced workers - The stark reality is that many who have lost their jobs will not see those jobs return anytime soon. This places these individuals and their families at great risk and also jeopardize the City's ability to regain its pre - COVID momentum. This recommendation provides additional funding to support programs that re -skill displaced workers with a particular emphasis on connecting them to resilient occupations in high - growth sectors. • Funds for marketing reopening/ tourism - It is essential that we safely get our local economy running again. One path to doing so rests with our well - developed niche in outdoor recreation and tourism as folks seek safe opportunities to recreate outdoors and not too far from their homes. Similarly it is essential that potential consumers locally and regionally know that our businesses are open and are prepared to safely welcome customers and patrons. This recommendation provides additional funding to support marketing campaigns that highlight our COVID -safe recreation and tourism opportunities and the businesses that are ready to welcome customers with a particular emphasis on our established business districts and corridors. • Funding and support link between restaurants performing arts, farmers, etc. - The response to COVID -19 has limited the ability to gather in large groups. This has disproportionately impacted restaurants, performing artists, farmers markets, etc. This recommendation provides funding to support programs that establish collaborations between restaurants and performing artists and restaurants and farmers. • Funds to assist small businesses (change business practices to be more COVID - friendly, bring back furloughed employees assistance with back - office help, etc.) - Small businesses have borne the brunt of the economic impact of responding to COVID -19. This in turn has impacted local tax revenues and employment. This recommendation provides funding to assist small businesses in their efforts at adapting business practices to COVID -safe practices, returning furloughed employees, securing additional legal, accounting and human resources assistance to address COVID - related funding opportunities and regulations, with a particular emphasis on restaurants and on businesses able to pivot their offerings/ operations in a way that increases employment or makes them more resilient. 111 Page Funds targeted to assist arts & culture organizations - Arts and culture organizations have played a significant role in the vitality of our community and have been severely impacted by the response to COVID - with many venues still unable to open and host patrons. This recommendation provides funding to arts and culture organizations so that they may remain viable during the Response and Recovery Stages. Funds for maintenan ce /enhancement of outdoor assets - COVID-19 has placed a severe strain on our local parks and outdoor assets as more people pursue safe outdoor recreation opportunities. This recommendation provides additional funding for the maintenance and enhancement of those outdoor assets. Safety Net - At least $2 million Prior to the onset of COVID -19 many in our community were struggling. Poverty is particularly high in the Northwest and Southeast portions of our community and most notably among our African - American population. COVID-19 has placed our most vulnerable at even greater risk, threaten even more with poverty and has strained our local safety net to the breaking point. This set of prioritized recommendations seeks to strengthen that safety net with particular emphasis on ensuring the basic needs of shelter, food and child care are addressed. Funds targeted to assist nonprofits with increased costs /service demands due to COVID - As noted previously, the local providers of social services and addressing the basic needs of our most vulnerable community members are strained to their limits due to increased demand. This recommendation provides additional funding to support these organizations in meeting the increased costs associated with this increase in demand. Non Profit System navigation & communication - With so many new programs and many newcomers to safety net programs, there is an increased challenge associated with effectively communicating about and navigating through the local non - profit system. This recommendation provides funding to enhance communications and develop an adequate navigation system, with a particular emphasis on non - English speaking members of our community. Addressing Basic Needs - Child care, access to healthy food, assistance with utilities, rent, mortgage, transportation, etc. - As noted, no greater need exists among our most vulnerable community members than in ensuring their basis needs are addressed. This recommendation provides additional funding to support greater access to healthy food, assistance with utilities, rent and mortgage and the ability to secure child care for those returning to work. • Interpretive Services - focused on empowering vulnerable communities to educate and inform themselves about issues, needs, responses - Roanoke is home to many where English is not their first language. Additionally, culturally relevant responses to COVID-19 and in support of the community's recovery are necessary. This recommendation provides funding to support projects that empower vulnerable members of our community to educate and inform themselves of the best way to respond to and recover from the virus. 121 Page Youth & Education - At least $1.18 million Our local schools have and will struggle with the challenge of adequately educating our youth and keeping them safe while doing so. This has and likely will continue to involve aspects of virtual or off - campus learning. Additionally, students at our higher education institutions will similarly find themselves learning remotely. This set of prioritized recommendations seeks to create safe places for our youth when they are not in their physical classroom and support a comprehensive community response to supporting students and families as they learn virtually. • COVID safe parks and recreation progamming (mobile/ portable equipment) - With more children studying more often at home and less often in their physical classrooms there exists a need to bring "recess" closer to where they live. This recommendation provides additional funding to acquire and deploy COVID -safe mobile parks and recreation equipment and program with a specific emphasis on reaching youth among our more vulnerable populations. Funding to promote links between organizations and schools in educational offerings - While there may remain some uncertainty in exactly what the school year will look like in the near future, it is certain that it will be different than in the past. This creates opportunities for non - traditional approaches to education and the potential for collaborations between cultural organizations and schools in developing educational offerings to supplement those provided in physical class -room settings. This recommendation provides funding to support such collaborations. Access to broadband /internet and devices to connect for distance learning, job searching etc. - Never has affordable access to reliable broadband and internet service been more important. Students, job seekers and remote workers depend upon this as much as they depend upon any other utility. This recommendation provides funding to enable access to such services. Youth advocate sup, ortive systern for students and families (inside schools and virtual addressing trauma, interpretive services, facilitate community collaboration, mentoring virtual academy, etc.) - As noted, the upcoming school year will be like no other. Therefore a response like none seen before is necessary. This recommendation provides funding to support a coordinated system of virtual learning, mentoring and supportive services, and alternative physical learning spaces. 131 Page Next Steps With the Council's final determination on the Task Force recommendations (at the July 20 Council meeting), staff will initiate the development and implementation of the actual initiatives and projects called for in the approval. In most instances the emphasis will be on using existing providers and networks to maximize efficiency in delivery of these much needed funds and associated services. In a few instances new initiatives will be needed as well as perhaps new collaborations. Use of existing processes, such as that used with the Arts Commission and the Human Services Advisory Board, will be used as often as practical to solicit proposals and award funds. The objective is rapid deployment of needed resources with as minimal bureaucracy as necessary. Just as critical is ensuring as many as possible are aware of these efforts and how they may able to access assistance. Communication should be extensive, multi - lingual and culturally relevant. It is possible that additional funds may become available either through further Congressional action, State action or philanthropic resources. If so, to the extent practical, those funds will be used to further the approved recommendations. It is the genuine belief of the Task Force that timely and effective implementation of the identified priority recommendations will have immediate and long- lasting benefit to our residents, families, institutions, and businesses and will enable us as a community to more rapidly regain the momentum we had prior to the arrival of COVID -19 and to do so in a more equitable and just manner. 141 Page Appendices Resolution 41741 - 060120 forming the Star City Recovery Fund Task Force - June 1, 2020 Star City Strong Recovery Fund Task Force By -Laws and Rules of Procedure - June 26, 2020 Star City Strong Recovery Fund Task Force Meeting Agenda/ Minutes - June 26, 2020 Star City Strong Recovery Fund Task Force Meeting Agenda/ Minutes - July 1, 2020 Star City Strong Recovery Fund Task Force Meeting Agenda/ Minutes - July 8, 2020 Star City Strong Recovery Fund Task Force Public Hearing Agenda/ Minutes - July 14, 2020 Star City Strong Recovery Fund Task Force Meeting Agenda/ Minutes - June 15, 2020 Star City Strong Recovery Fund Task Force Potential and Priority Initiatives and Projects - July 8, 2020 151 Page Monday July 20, 2020 Roanoke City Council Meeting Star City Strong Recovery Fund Task Force "Prioritization" Good Afternoon, When I became aware of the City Manager, Bob Cowell, wanting someone from the Roanoke Branch NAACP to serve on the Star City Recovery Fund Task Force, immediately I asked 3 different Executive Committee members, would anyone be willing to serve, it appeared that there was a fear of the unknown, well now you know why I am standing here today -No Fear!! Folks, I am honored to have served on the Mission of this Covid 19 Task Force. During the first Zoom meeting, I was pleased to see the immense diversity of the Task Force, it was so rewarding knowing that the representation of the Community being reflected, even to include Youth members. I am so proud of Christian Bryant and Brianna Wilson; they brought great introspective comments to the Task Force. Folks, this mission of allocating 7 Million Dollars toward the Covid 19 Recovery Fund were a huge undertaking to prioritize. Work groups were formed taking into account the Task Force members back grounds and their fields of expertise. I noticed that all the Task Force individuals took to heart the mission and wanted a fair and equitable process to take place. That added great value to the mission of the Task Force. Folks, because this mission was so big and laborious, extreme care was taken to prioritize all of the 7 Million dollars financial support of the Community's Covid 19 Recovery efforts. Zoom meeting after Zoom meeting the work was starting to appear to reflect the numerous individual recommendations and showed the equity which everyone desired. The Task Force came to an agreement that considered the inclusivity of Community Health, the Economy, a safety net and the importance of Youth Education. It was indeed an honor to serve on this Star City Covid19 Recovery Task Force, knowing how much the Community will greatly benefit from these desperately needed funds. I wish at this time to give sincere thanks to: Mayor Sherman Lea, Sr., Vice Mayor Joe Cobb and City Manager Bob Cowell for allowing the Roanoke Branch NAACP to be a part of this mission. I know the final decisions you make will be the best for the Community as you move forward with the Star City Strong Recovery Fund recommendations from the Task Force. Submitted By, Brenda L. Hale, President Roanoke Branch NAACP IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2020. No. 41812 - 072020. AN ORDINANCE amending and reordaining Section 2 -305, Equity and Empowerment Advisory Board, Division 2, Permanent Committees, Article XIV, Authorities Boards Commissions and Committees Generally, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended; establishing 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. Amend and reordain Section 2 -305, Equity and Empowerment Advisory Board Division 2, Permanent Committees, Article XIV Authorities Boards Commissions and Committees Generally, Chapter 2, Administration, Code of the City of Roanoke (1979), as amended, as follows: Sec. 2 -305 Equity and Empowerment Advisory Board (b) Purpose, Responsibility (2) Develop proposed plans for the implementation of policies and action identified for each priority set forth in the under Interwoven Equity in City Plan 2040; and (f) Reports to city council. (1) The Equity and Empowerment Advisory Board shall make recommendations to city council as determined by such board. All recommendations shall be in writing and delivered to the city clerk for inclusion in the city council agenda packages. The chair of the Equity and 1 Empowerment Advisory Board shall attend the city council session at which such recommendations are considered by city council. (2) The Equity and Empowerment Advisory Board shall make an annual written report to city council at the second session of city council in December. The annual report shall summarize the matters considered by the Equity and Empowerment Advisory Board, the recommendations made to city council, and the objectives of the Equity and Empowerment Advisory Board for the following year. The chair of the Equity and Empowerment Advisory Board shall present the report at the second session of City Council in December. 2. The ordinance shall be effective upon passage. 3. The second reading of this ordinance by title is hereby dispensed with. ATTEST: eZUA�' J m &r G City Clerk. K CECELIA F. NICCOY, CN1C Citc Clerk Jane Missel 340 North Church Drive Hardy, Virginia 24101 Dear Ms. Missell: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(a roanoke%a.go% July 21, 2020 CECELIA T. WEBB, CINIC Depute Cit} Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 20, 2020, you were appointed to replace Robert Leftwich as the City representative of the Roanoke Valley Regional Cable Television Committee for a three -year term of office ending June 30, 2023. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were appointed. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness serve as the City representative of the Roanoke Valley Regional Cable Television Committee. Sincerelly,� J� to � J • `�G Cecelia F. McCoy City Clerk Enclosures PC.. Elaine Bays- Murphy, Cable Access Manager, Roanoke Valley Regional Cable Television, 541 Luck Avenue, S. W., Suite 145, Roanoke, Virginia 24016 COMMONWEALTH OF VIRGINIA To -wit: CITY OF ROANOKE I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of July 2020, JANE MISSEL was appointed to replace Robert Leftwich as the City representative of the Roanoke Valley Regional Cable Television Committee for a three -year term of office ending June 30, 2023. Given under my hand and the Seal of the City of Roanoke this twenty -first day of July 2020. City Clerk CECELIA F. MCCOY, CJIC Cite Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Far: (540) 853 -1145 E -mail: clerk "d roanokeN a.gov July 29, 2020 Robert L. Leftwich 3718 Chesterton Street, S. W. Roanoke, Virginia 24018 Dear Mr. Leftwich: CECELIA 1'. NVEBB, CHIC Deputy City Clerk On December 27, 1982, the Roanoke City Code was amended to provide that after completion of three consecutive complete terms of office, no member of a permanent board, authority, commission or committee shall be eligible for reappointment to the same office for the next succeeding term. On June 30, 2020, you completed your third consecutive term of office as a member of the Roanoke Valley Regional Cable Television Committee. 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 Roanoke Valley Regional Cable Television Committee from January 4, 2010 to June 30, 2020. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your years of service. Sincerely, o4uj _ J. gxr- cxa- Cecelia F. McCoy, CMC City Clerk Enclosure CERTIFICATE OF APPRECIATION Przl:sFN(rFD TO Robert L. Leftwich AS A MEN113ER OF T1IE ROANOKE VALLEA RE.CIONAL CARIA', 'I FLEVISION COMN11,1 "FEE FROM JI \Nt 1!ARZ 4, 1 I'O.II'N1:: ;U. 2U2O ON Tills DAY (W Il'I.l� , 020 IN RI- VOGNITION OF Pti(3LIC SI:lZV1Cl hnl "f F1t�ULLY RIFN1)HZFI) TO TI IF: CITY OF ROANOKI` S 1\)\I M Al(W \I I I'S I otcd_t� _, 1 yi('(M ('I -I RK CECELIA F. NICCOY, CMC CUN Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(a roanokeva.gov July 21, 2020 The Honorable William D. Bestpitch Council Member Roanoke, Virginia Dear Council Member Bestpitch: CECELIA T.'*N EBB, CHIC Depot} CUN Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 20, 2020, you were appointed as an Elected Official representative of the Equity and Empowerment Advisory Board. Attached you will find a copy of a Certificate regarding your appointment. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Attachment Sincerely, c""t,a-�,j. Cecelia F. McCoy, CMC City Clerk COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of July 2020, WILLIAM D. BESTPTICH was appointed as an Elected Official representative of the Equity and Empowerment Advisory Board. Given under my hand and the Seal of the City of Roanoke this twenty -first day of July 2020. City Clerk CECELIA F. RICCOY, CHIC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(a roanokeva.goy July 21, 2020 The Honorable Patricia White -Boyd Council Member Roanoke, Virginia Dear Council Member White -Boyd: CECELIA T. WEBB, CHIC Deputy City Clerk At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 20, 2020, you were appointed as an Elected Official representative of the Equity and Empowerment Advisory Board. Attached you will find a copy of a Certificate regarding your appointment. Pursuant to Section 2.2 -3702, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. The Act requires that you be provided with a copy within two weeks of your appointment and each member is required "to read and become familiar with provisions of the Act." Sincerely, Cecelia F. McCoy, CMC City Clerk Attachment COMMONWEALTH OF VIRGINIA ) To -wit: CITY OF ROANOKE ) I, Cecelia F. McCoy, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the twentieth day of July 2020, PATRICIA WHITE -BOYD was appointed as an Elected Official representative of the Equity and Empowerment Advisory Board. Given under my hand and the Seal of the City of Roanoke this twenty -first day of July 2020. City Clerk �rn�cOlt, CECELIA F. NICCOY, CiNIC Cih Clerk Richard C. White 1410 16th Street, S. E. Roanoke, Virginia 24014 Dear Mr. White: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerk(a roanokeNa.goc July 21, 2020 CECELIA T. N%rEBB, CINIC Depute Cite Clerk I am enclosing copy of Ordinance No. 41813 - 072020 rezoning certain properties, owned by Glade Creek Development, LLC, and located at 402 through 583 Savannah Drive, N. E.; 125 Brenda Way, N. E.; and 202 through 246 Georgia Court, N. E., and as more specifically described in this Ordinance, from MXPUD, Mixed Use Planned Unit Development District, with conditions, to R -5, Residential Single - Family District, without conditions, repealing Ordinance No. 40007 - 072114, adopted July 21, 2014, to the extent that it placed certain conditions on the subject properties. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2020, and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy, CMC Enclosure City Clerk PC: Stephen Rossi, Glade Creek Development, LLC, 2491 Wolf Run, Vinton, Virginia 24179 Mountain Brook Builders, Inc, 2491 Wolf Run, Vinton, Virginia 24179 Mountain Brook Estates Homeowners Association, P. O. Box 665, Vinton, Virginia 24179 Danny J. Gregory, 234 Mountain Brook Drive, N. E., Roanoke, Virginia 24012 Meghan E. Kamrada, 230 Mountain Brook Drive, N. E., Roanoke, Virginia 24012 Michael R. Mowbray, 226 Mountain Brook Drive, N. E., Roanoke, Virginia 24012 Reginald L. Conner, 222 Mountain Brook Drive, N. E., Roanoke, Virginia 24012 James R. Myers, 3356 Skylar Court, N. E., Roanoke, Virginia 24012 David K. Bell, 3355 Skylar Court, N. E., Roanoke, Virginia 24012 Francis X. Gulli, Jr., 3351 Skylar Court, N. E., Roanoke, Virginia 24012 Longwood Homes, LLC, 606 Middle Country Road, Middle Island, New York 11953 Deborah R. Ashby, 229 Mountain Brook Drive, N. E., Roanoke, Virginia 24012 Richard C. White July 21, 2020 Page 2 Bryan K. Fogg & Amy S. Ingraham, 3463 Belle Avenue, N. E., Roanoke, Virginia 24012 Kenneth H. Kemp Jr. & Kathy V. Thomas, 3635 Preakness Court, N. E., Roanoke, Virginia 24012 Vinton Congregation of Jehovah's Witness, 3495 Belle Avenue, N. E., Roanoke, Virginia 24012 Roger L. Ryan & Delphia M Flippen, 3411 Belle Avenue, N. E., Roanoke, Virginia 24012 Marianne C. Nester, 3810 Cundiff Drive, Roanoke, Virginia 24012 Ricky D. & Marsha W. Carver, 3671 Belle Avenue, N. E., Roanoke, Virginia 24012 Bulwark Industries, LLC, P. O. Box 10731, Roanoke, Virginia 24022 Jack Rothrock, 3532 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 Lynn K. & Mark C. Mcvicker, 3536 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 Jeanette Simmons, 3540 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 Wilbur L. Jr. & Ruth F. Tucker, 3544 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 Augustus Leon Freeman, Sr., 3548 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 William E. Long, Jr. & Nicholas Long, 3552 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 Margaret Macher, 3556 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 Tim Patton, 3560 Pinnacle Ridge Road, N. E., Roanoke, Virginia 24012 Norfolk Southern Railroad, Three Commercial Place, Norfolk, Virginia 23510 The Honorable Brenda Hamilton, Circuit Court Clerk Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager for Community Development Christopher Chittum, Director, Planning Building & Development Ian D. Shaw, Zoning Administrator Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Susan Lower, Director of Real Estate Evaluation Luke Pugh, City Engineer Tina Carr, Secretary, City Planning Commission Katharine Gray, City Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2020. No. 41813 - 072020. AN ORDINANCE rezoning certain properties, owned by Glade Creek Development, LLC, and located at 402 through 583 Savannah Drive, NE; 125 Brenda Way, NE; and 202 through, 246 Georgia Court, NE, and as more specifically described in this Ordinance, from MXPUD, Mixed Use Planned Unit Development District, with conditions, to R -5, Residential Single - Family District, without conditions, repealing Ordinance No. 40007- 072114, adopted July 21, 2014, to the extent that it placed certain conditions on the subject properties; and dispensing with the second reading of this ordinance by title. WHEREAS, Stephen C. Rossi, on behalf of Glade Creek Development, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have properties located at 402, 406, 410, 414, 418, 422, 426, 430, 434, 438, 442, 446, 450, 454, 458, 462, 466, 470, 474, 478, 502, 506, 510, 514, 518, 522, 526, 530, 534, 538, 542, 546, 550, 554, 558, 562, 566, 570, 574, 578, 579, 575, 571, 567, 563, 559, 555, 551, 547, 543, 539, 535, 531, 527, 523, 519, 515, 511, 507, 503, 483, 479, 475, 471, 467, 463, 459, 455, 451, 447, 443, 439, 435, 431, 583, and 487 Savannah Drive, NE; 125 Brenda Way, NE; and 203, 207, 211, 215, 219, 223, 227, 231, 235, 239, 243, 246, 242, 238, 234, 230, 226, 222, 2185 214, 210, 206, and 202 Georgia Court, NE, bearing Official Tax Map Nos. 7060163, 7060164, 7060165, 7060166, 7060167, 7060168, 7060169, 7060170, 7060171, 7060172, 7060173, 7060174, 7060175, 7060176, 7060177, 7060178, 7060179, 7060180, 7060181, 7060182, 7060183, 7060184, 7060185, 7060186, 7060187, 7060188, Rezone and repeal proffers - Glade Creek 7.20.20.doe 1 7060189, 7060190, 7060191, 7060192, 7060193, 7060194, 7060195, 70601965 7060197, 7060198, 7060199, 7060200, 7060201, 7060202, 7060203, 7060204, 7060205, 7060206, 7060207, 7060208, 7060209, 7060210, 7060211, 7060212, 7060213, 7060214, 7060215, 7060216, 7060217, 7060218, 7060219, 7060220, 7060221, 7060222, 7060223, 7060224, 7060225, 7060226, 7060227, 7060228, 7060229, 7060230, 7060231, 7060232, 7060233, 7060234, 7060235, 7060236, 7060260, 7060261, 7060113, 7060237, 7060238, 7060239, 7060240, 7060241, 7060242, 7060243, 7060244, 7060245, 7060246, 7060247, 7060248, 7060249, 7060250, 7060251, 7060252, 7060253, 7060254, 7060255, 7060256, 7060257, 7060258, and 7060259, respectively, rezoned from MXPUD, Mixed Use Planned Unit Development District, with conditions to R -5, Residential Single - Family District, and to repeal Ordinance No. 40007 - 072114, adopted July 21, 2014, to the extent that it placed certain conditions on the subject properties; 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, 2020, 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 Rezone and repeal proffers - Glade Creek 7.20.20.doc 2 Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject properties, and for those reasons, is of the opinion that Ordinance No. Ordinance No. 40007 - 072114, adopted July 21, 2014, to the extent it placed certain conditions on the subject properties, be repealed, and that the hereinafter described properties should be rezoned as herein provided, as set forth in the Zoning Amendment, Amended Application No. 1, dated June 19, 2020. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 40007 - 072114, adopted July 21, 2014, to the extent that it placed certain conditions on the subject properties is hereby REPEALED, and 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 reflect such action. 2. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that properties located at 402, 406, 410, 414, 418, 422, 426, 430, 434, 438, 442, 446, 450, 454, 458, 462, 466, 470, 474, 478, 502, 506, 510, 514, 518, 522, 526, 530, 534, 538, 542, 546, 550, 554, 558, 562, 556566, 570, 574, 578, 579, 575, 571, 563, 567, 563, 559, 555, 551, 547, 543, 539, 535, 531, 527, 523, 519, 515, 511, 507, 503, 483, 479, 475, 471, 467, 463, 459, 455, 451, 447, 443, 439, 435, 431, 583, and 487 Savannah Drive, NE; 125 Brenda Way, NE; and 203, 207, 211, 215, 219, 223, 227, 231, 235, 239, 243, 246, 242, 238, 234, 230, 226, 222, 218, 214, 210, 206, and 202 Georgia Court, NE, bearing Official Tax Map Nos. 7060163, 7060164, 7060165, Rezone and repeal proffers - Glade Creek 7.20.20.doc 3 7060166, 7060167, 7060168, 7060169, 7060170, 7060171, 7060172, 7060173, 7060174, 7060175, 7060176, 7060177, 7060178, 7060179, 7060180, 7060181, 7060182, 7060183, 7060184, 7060185, 7060186, 7060187, 7060188, 7060189, 7060190, 7060191, 7060192, 7060193, 7060194, 7060195, 7060196, 7060197, 7060198, 7060199, 7060200, 7060201, 7060202, 7060203, 7060204, 7060205, 7060206, 7060207, 7060208, 7060209, 7060210, 7060211, 7060212, 7060213, 7060214, 7060215, 7060216, 7060217, 7060218, 7060219, 7060220, 7060221, 7060222, 7060223, 7060224, 7060225, 7060226, 7060227, 7060228, 7060229, 7060230, 7060231, 7060232, 7060233, 7060234, 7060235, 7060236, 7060260, 7060261, 7060113, 7060237, 7060238, 7060239, 7060240, 7060241, 7060242, 7060243, 7060244, 7060245, 7060246, 7060247, 7060248, 7060249, 7060250, 7060251, 7060252, 7060253, 7060254, 7060255, 7060256, 7060257, 7060258, and 7060259, respectively„ be, and are hereby rezoned from MXPUD, Mixed Use Planned Unit Development District, with conditions, to R -5, Residential Single - Family District, without conditions, as set forth in the Zoning Amendment, Amended Application No. 1, dated June 19, 2020. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: IL4Z"Ze�' J. M&T City Clerk. Rezone and repeal proffers - Glade Creek 7.20.20.doc 4 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2020 Subject: Application by Glade Creek Development, LLC, to rezone and repeal the single condition proffered as part of a previous rezoning adopted through the enactment of Ordinance 40007 -072 1 1 4 for the following properties at 125 Brenda Way NE, 402 -583 Savannah Drive NE, and 202 -246 Georgia Court NE, bearing Official Tax Map Nos. 7060113, 7060163- 7060261, from MXPUD, Mixed Use Planned Unit Development, to R -5, Residential Single - Family District. Summary: The Planning Commission held a public hearing on July 13, 2020. By a vote of 7 -0, the Commission recommends approval of the rezoning request, finding that the Amended Application No. 1 is consistent with the City's goals of appropriate residential development outlined in both the Comprehensive Plan and Hollins /Wildwood Area Plan. Application Information: Request: Rezoning Repeal of Proffered Condition Applicant: Stephen Rossi, Glade Creek Development, LLC Owner: Stephen Rossi, Glade Creek Development, LLC Agent: Richard White, SC Rossi & Company, Inc. City Staff Person: Katharine Gray, Land Use and Urban Design Planner Address: 125 Brenda Way NE, 402 -583 Savannah Drive NE, and 202 -246 Georgia Court NE Official Tax Nos.: 7060113, 7060163-7060261 Site Area: +/- 49.707 acres Relevant Plans: Hollins /Wildwood Area Plan Proposed Land Use: R -5, Residential Single - Family District Future Land Use: Single- family, Medium Density Filing Date: Original Application: May 26, 2020 Amended Application No. 1: June 19, 2020 Background: On November 17, 2008, City Council adopted Ordinance No. 38287-111708 rezoning the tracts of land containing approximately 47.07 acres within the City of Roanoke from an R12, Residential Single Family District, to a MXPUD District to create a residential community with a variety of housing types. The rezoning fulfilled the overall vision of cluster housing developments on one of the few large remaining parcels in the city. The proposed development contained 1 1 5 housing units, made up of four -unit villas, two - family dwelling units, community club house with pool, walking trails, sidewalks, street lights, open space, and preserved natural area along Glade Creek. The development proposed fewer dwelling units than what the original R -12 zoning would have allowed by right. On July 21, 2014, City Council adopted Ordinance 40007-072114 replacing the previously adopted development plan and conditions with a new set of plans and a new condition. The new MXPUD proposed a single family subdivision. The main provision of the MXPUD was it permitted a street section that varied from the typical standards of the city's subdivision ordinance and specified specific lot dimensions and two specific housing styles. While the new MXPUD development plan did not provide for the variety of housing types previously proposed, it was deemed to be compatible with the surrounding neighborhood as it generally mirrored what David would have been permitted under the previous R -12 zoning. Proposed Use /Development: The proposed use of the property will be a single - family residential subdivision similar to what is permitted by the current MXPUD plan. The overall arrangement of streets and lots as shown on the non - binding concept plan is similar to the previous proposal with the primary difference being a slight decrease in the number of lots - a reduction from 97 to 88 lots. The desire to rezone from the current MXPUD District to the R -5 District is based on changes in market conditions since 2014. Current market conditions dictate a housing style different from what was included in the current proffered conditions and a preference for a publicly maintained street rather than the private street that would be maintained by a home owners association. The preference for a wider options related to lot layout, housing styles and desire for a public street leads to the applicants request to rezone. PROFFERS TO BE REPEALED 1) The project Mountain Brook Villas will be developed in substantial conformance with the "Planning and Design Documents for Mountain Brook Villas" Dated June 5, 2014. 2 The existing planned unit development plan depicts 96 detached single - family units with front loaded garages accessed by individual driveways. The lots would be accessed by a private street consisting of a 26 foot roadway, six foot planting strip with four foot sidewalk along one side of the street, ten foot planting strip along the opposite side of the street, and large street trees. If the proffered conditions are repealed, the development allowed will be based upon the development standards within the R -5 zoning district. Considerations: Comaatibility with Surrounding Land Uses: The property is a large vacant parcel of land in the northeast quadrant of the City. The northwestern edge of the property has steep slopes. Approximately 1/3 of the southeastern portion of the property is in either the floodway or floodplain of Glade Creek. The parcel is surrounded on the remaining sides by single family residential zoning districts of varying densities: R -5, R -7, and R -12 Residential Single - Family Districts. Applicability /Appropriateness of Proposed Zoning District: The purposes of the R -5 District are to protect residential neighborhoods, to provide a range of housing choices, and to incorporate neighborhood principles, including lot frontages, building setbacks and densities, that are customary in urban and suburban neighborhoods. Although reflective of the higher end of density within the surrounding residential zoning districts, this proposed zoning district is compatible with the medium density residential zoning called for in the future land use map of the Hollins /Wildwood Area Plan. Availability of Other Property; The current MXPUD District property is already planned for a single - family residential housing development. The rezoning to an R -5 District and repeal of proffered conditions would continue the use of the property for a single - family housing development per development standards for that district without the particular plan and building standard requirements, allowing more flexibility (within district standards) in development over time. Consistency with Comprehensive Plan: Both Vision 2001 -2020 and the Hollins /Wildwood Area Plan support appropriate residential development. I:j Policy /Action Housing and Neighborhood Actions • Revise zoning ordinance to encourage quality infill development that reflects the character of the neighborhood including infill development standards. Residential Development Policies: • Zoning: Zoning should reinforce the existing character of neighborhoods. New development: New development should be well - planned and use limited land resources wisely. Infrastructure should be installed in conjunction with new development, including street improvements to address added traffic. Housing Clusters: Support the rezoning of vacant or underutilized large sites for mixed density housing that is consistent with the design guidelines of Vision 2001 -2020. Consider the development of several properties in the areas denoted on the Residential Development Opportunities map. Comments on Application: Planning Commission Work Session: Plan I Applicability to Matter Comprehensive Plan, pg. 43 Hollins /Wildwood Area Plan, pg. 47 Hollins /Wildwood Area Plan, pg. 47 Hollins /Wildwood Area Plan, pg. 47 Rezoning to R -5 will ensure new development has the same standards as the higher- medium density portion of the surrounding neighborhood. Rezoning to R -5 will allow for a single - family housing development reflective of the densest of the surrounding single - family districts. The proposed single - family development at the eastern edge of the city will be required to meet the city standards for street improvements as required based upon the number of residential units eventually proposed. The property will not be used for mixed density housing. Two technical items, identification of all parcels subject to the rezoning, and clear intent to repeal existing conditions were discussed. Amended Application No. 1 addresses these items. El The commission asked about traffic impact of the proposed development. A traffic impact analysis was submitted for the current development, 97 lots. That analysis showed that there was no need for street improvements outside the development. The proposed development shows 88 lots but that number could vary. The applicant has estimated the maximum build out of the development could include 125 lots and provided a trip generation summary based on that level of development as part of Amended Application No. 1. The maximum daily trips estimated from the maximum build out would be 1,180. The city's subdivision ordinance requires a traffic impact analysis for any development that generates more than 1,000 trips in a day. The current proposal of an 88 lot development should not create any traffic issues based on the previous analysis and any significant increase in the proposed development will trigger the need for a new study. The final item discussed in work session was that the previous PUD development plans incorporated a corridor for the future construction of the Glade Creek greenway. When the greenway is constructed, easements or right - of -way would need to be obtained from the future property owners. The property is subject to the River and Creek Corridor Overlay District, which requires that a 50 foot riparian buffer be established along Glade Creek. That would create an area where the greenway could be constructed. Interdepartmental Comments: General comments were provided from the Western Virginia Water Authority; Fire; Planning Building and Development; and Transportation Departments related to: water and sewer design requirements; fire code, building and zoning subdivision requirements; the permitting process, and street design standards. Public Comments: Although questions were received and answered, no public comments were received. Public Hearing: Two emails were received after the staff report was written. They were summarized at the hearing as follows below: David Hoback, 3352 Skylar Court NE, wrote to express his support of the change from MXPUD to R -5 and his concern that the new development share in the cost of maintaining the landscaping along the shared entrance of Mountain Brook Drive from Belle Avenue currently borne by existing Mountain Brook residents through Mountain Brook HOA, that there should be a HOA that regulates basic development standards to maintain property values, and to question if a study had evaluated the impact of additional traffic from such development on Belle Avenue. 5 David Bell, 3355 Skylar Court NE, wrote to express his concern that the current intersection of King Street NE and Belle Avenue NE would not support the additional volume of traffic from this development, the type and quality of houses impacting the market value of the existing housing, and that the proposed development be completed in a timely manner to have the least impact on the surrounding property owners possible. A phone call was received as follows below: Ms. Mavery, 3495 Belle Ave NE, called to state that she is not pleased with the rezoning because of the road next to her property line. Chris Craft, President of the Wildwood Civic League, stated that they have met with the applicant and support this proposed development. He also stated that the intersection at King and Belle was redone in recent years and that he regularly receives police reports and notes no increase in the number of accidents. He stated that the traffic engineer does a good job in monitoring traffic counts within the area and that much of the traffic in the area is not from this development, but from people traveling from the county into the city. Conclusions and Recommendations: Although not a mixed - housing cluster development specifically spoken of within the plans, the proposed development and resulting request for a change in zoning to the R -5 District is compatible with the medium density residential development for the property called for in the Comprehensive Plan and Hollins / Wildwood Area Plan. The R -5 District will provide basic development principals that will maintain the basic character of the area as the property is developed in the future. Tina M. Carr for ua , " cn -i,na M Can lo, Narn B. Ptwotl. Karri B. Atwood, 4« -%•n N9 Chair Karri B. Atwood, Chair City Planning Commission Enclosure: Attachment A, Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Stephen Rossi, Glade Creek Development, LLC Richard White, SC Rossi & Company, Inc. Q 4.1 1 E s � • Y 1 J�� OG Od GAP Gj Q' W 0 � � Y Q - Jay fib'` _ • ail CL - ca w G LLI Z c2 , r. m Z, o� Y L z ; O Z O V y'�c.�r.o 0, mN� a E -- 0 LL 1p �,. N m c _ H N C p` r� �� i ? e LL LL u u u d E m a CDD (p m 9 b j � o c Vi m a R R r- a $ b a g u a 4 & 4 o C4 N N N N L d t m m O E F 5 - v d m e I11 C CO N {� ►- o cj a Q y - o -` x m m y �, ¢ ¢ m 0 0 0 V � U) ^ (V m 4 V y V 0 J 2 p a L a F ¢ Q a• �.J LL N C M Z g ' n°, 'v m t C. o c� c� o f a' z d z z z �d ir rc n cg CN C �R� 0 11 1111��1 °111_ N Zoning Amendment Application Department of Planning, Building and Development Room 170, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Filing Date: June 19, 2020 Submittal Number: Amended Application No. 1 7x Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District ,iIspXrtjr [nL'forinationM Address: See Attached list of Address's and Tax Map Numbers Official Tax No(s).: 1 7060113, 7060163 thru 7060261 Click Here to Pdnt ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ] Amendment of Comprehensive Sign Overlay District Existing ❑ Without Conditions Zoning: MXPUD, Mixed Use Planned Unit Developmer X❑ With Conditions ❑x Planned Unit Development Requested ❑x Without Conditions Zoning: R -5, Residential Single - Family ❑ With Conditions ❑ Planned Unit Development Ordinance No(s). (If 40007- 072114 applicable): --------------- Proposed Land Use: Residential Phone Number: +1(540) 309 -6600 E -mail: srossi @scrossi.com Name: Phone Number. Address: �— E -mail: Appkanfs Slpnd re: Name: Richard C. White, PE Phone Number: +1 (540) 353 -8746 1716th St!nt, SE, Roanoke, Va 24014 E -mail: rwhite @scrossi.com f r ' • IL Application heck"- The following must be submitted for all applications: Completed application form and checklist. Ix Written narrative explaining the reason for the request. Ix Metes and bounds description, if applicable. [x Filing fee. i' itted: Concept plan meeting the Application Requirements of bm'2(c)' in Zoning Amendment Procedures. For a conditional must al_ Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. Please label as 'development plan' if proffered. For a planned unit de elopment Development I; I "ii I meeting the requirements of Section 36,2 -326 of the City's Zoning Ordinance. For a comprehensive s" I- Comprehensive signage plan meeting the requirements of Section 36.2 - 336(1)(2) of the City's Zoning Ordinance. For ar amendment of "proffered conditions, the also f,L s6brnitte l Amended development or concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures, if applicable. Written proffers to be amended, See the City's Guide to Proffered Conditions. Copy of previously adopted Ordinance. For a nk?rned unit development amendment, the following must also be submitted: j-; Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. (-: Copy of previously adopted Ordinance. r Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. "sal that requires a traffic impact study be submitted to the j— A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. ~proposal that requires a traffic impact analysisb " ust also be submitted: F Cover sheet. F raffic impact analysis. F- Concept plan. • Proffered conditions, if applicable. • Required fee. *An electronic copy of this application and checklist can be found at www. roanokeva .gov /planningcommission. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. Mountain Brook Villas Recorded Plat Instrument #170009905 Existing Zoning: MXPLTD Proposed Zoning: R -5 Tax # Address # Lot # Tax # Address # Lot # 7060163 402 Savannah Drive, NE 1 7060203 579 Savannah Drive, NE 41 7060164 406 Savannah Drive, NE 2 7060204 575 Savannah Drive, NE 42 7060165 410 Savannah Drive, NE 3 7060205 571 Savannah Drive, NE 43 7060166 414 Savannah Drive, NE 4 7060206 567 Savannah Drive, NE 44 7060167 418 Savannah Drive, NE 5 7060207 563 Savannah Drive, NE 45 7060168 422 Savannah Drive, NE 6 7060208 559 Savannah Drive, NE 46 7060169 426 Savannah Drive, NE 7 7060209 555 Savannah Drive, NE 47 7060170 430 Savannah Drive, NE 8 7060210 551 Savannah Drive, NE 48 7060171 434 Savannah Drive, NE 9 7060211 547 Savannah Drive, NE 49 7060172 438 Savannah Drive, NE 10 7060212 543 Savannah Drive, NE 50 7060173 442 Savannah Drive, NE 11 7060213 539 Savannah Drive, NE 51 7060174 446 Savannah Drive, NE 12 7060214 535 Savannah Drive, NE 52 7060175 450 Savannah Drive, NE 13 7060215 531 Savannah Drive, NE 53 7060176 454 Savannah Drive, NE 14 7060216 527 Savannah Drive, NE 54 7060177 458 Savannah Drive, NE 15 7060217 523 Savannah Drive, NE 55 7060178 462 Savannah Drive, NE 16 7060218 519 Savannah Drive, NE 56 7060179 466 Savannah Drive, NE 17 7060219 515 Savannah Drive, NE 57 7060180 470 Savannah Drive, NE 18 7060220 511 Savannah Drive, NE 58 7060181 474 Savannah Drive, NE 19 7060221 507 Savannah Drive, NE 59 7060182 478 Savannah Drive, NE 20 7060222 503 Savannah Drive, NE 60 7060183 502 Savannah Drive, NE 21 7060223 483 Savannah Drive, NE 61 7060184 506 Savannah Drive, NE 22 7060224 479 Savannah Drive, NE 62 7060185 510 Savannah Drive, NE 23 7060225 475 Savannah Drive, NE 63 7060186 514 Savannah Drive, NE 24 7060226 471 Savannah Drive, NE 64 7060187 518 Savannah Drive, NE 25 7060227 467 Savannah Drive, NE 65 7060188 522 Savannah Drive, NE 26 7060228 463 Savannah Drive, NE 66 7060189 526 Savannah Drive, NE 27 7060229 459 Savannah Drive, NE 67 7060190 530 Savannah Drive, NE 28 7060230 455 Savannah Drive, NE 68 7060191 534 Savannah Drive, NE 29 7060231 451 Savannah Drive, NE 69 7060192 538 Savannah Drive, NE 30 7060232 447 Savannah Drive, NE 70 7060193 542 Savannah Drive, NE 31 7060233 443 Savannah Drive, NE 71 7060194 546 Savannah Drive, NE 32 7060234 439 Savannah Drive, NE 72 7060195 550 Savannah Drive, NE 33 7060235 435 Savannah Drive, NE 73 7060196 554 Savannah Drive, NE 34 7060236 431 Savannah Drive, NE 74 7060197 558 Savannah Drive, NE 35 7060113 125 Brenda Way, NE 7060198 562 Savannah Drive, NE 36 7060260 583 Savannah Drive, NE 7060199 566 Savannah Drive, NE 37 7060261 487 Savannah Drive, NE 7060200 570 Savannah Drive, NE 38 7060201 574 Savannah Drive, NE 39 7060202 578 Savannah Drive, NE 40 Mountain Brook Villas Recorded Plat Instrument #170009905 Existing Zoning: MXPUD Proposed Zoning: R -5 Tax # Address # Lot # Tax # Address # Lot # 7060237 203 Georgia Court, NE 75 7060249 242 Georgia Court, NE 87 7060238 207 Georgia Court, NE 76 7060250 238 Georgia Court, NE 88 7060239 211 Georgia Court, NE 77 7060251 234 Georgia Court, NE 89 7060240 215 Georgia Court, NE 78 7060252 230 Georgia Court, NE 90 7060241 219 Georgia Court, NE 79 7060253 226 Georgia Court, NE 91 7060242 223 Georgia Court, NE 80 7060254 222 Georgia Court, NE 92 7060243 227 Georgia Court, NE 81 7060255 218 Georgia Court, NE 93 7060244 231 Georgia Court, NE 82 7060256 214 Georgia Court, NE 94 7060245 235 Georgia Court, NE 83 7060257 210 Georgia Court, NE 95 7060246 239 Georgia Court, NE 84 7060258 206 Georgia Court, NE 96 7060247 243 Georgia Court, NE 85 7060259 202 Georgia Court, NE 97 7060248 246 Georgia Court, NE 86 Glade Creek Development, LLC Mountain Brook Villas 1410 16`' Street, SE Roanoke, VA 24014 June 15, 2020 City of Roanoke Planning Department Noel C. Taylor Municipal Building 215 Church Avenue Roanoke, VA 24011 Re: Mountain Brook Villas See attached for Tax Map Numbers Zoning Amendment The request to rezone Tax Parcel's 7060113, 7060163 thru 7060261 is being made by Glade Creek Development, LLC. owners of the of the Property. Owners want to amend the zoning of the Property from MXPUD to R -5. Owners also want to Repeal the existing Proffered Conditions associated with the property, per Ordinance No. 40007 - 072114. The combined Properties are approximately 49.707 -acre located in Northeast Roanoke, just East of Belle Ave., at the intersection of Mountain Brook Dr. & Savannah Dr. Glade Creek is located along the south side of the property. Currently the existing property is an open field with no structures located on it. On November 17, 2008, City Council adopted Ordinance No. 38287 - 111708 rezoning the tracts of land to MXPUD, with conditions. In July 2014, City Council adopted Ordinance No. 40007 - 072114. The Property was conditionally zoned MXPUD that states "The Project Mountain Brook Villas will be developed in substantial conformance with the `Planning and Design Documents for Mountain Brook Villas' dated June 5, 2014 ". The MXPUD Development Plan, dated June 5, 2014, proposes a 97 lot subdivision. Glade Creek Development, LLC is seeking a Zoning Amendment to change the Property from MXPUD to R -5. The R -5 Zoning would allow for the New Roadway to be accepted into the City of Roanoke street system. During the time that planning, and design has occurred, the housing market has changed. Homeowners no longer desire Homeowners Associations, HOA. The R -5 Zoning would provide flexibility for changing conditions in the Residential market. The Zoning Amendment Application would reduce the first stage of development from 97 lots to 8 lots. and A licant, i velo ent, LLC Stephen C. Rossi, Partner Glade Creek Development, LLC Mountain Brook Villas 1410 16'h Street, SE Roanoke, VA 24014 June 15, 2020 City of Roanoke Planning Department Noel C. Taylor Municipal Building 215 Church Avenue Roanoke, VA 24011 Re: Mountain Brook Villas PROFFERED CONDITIONS TO BE REPEALED The applicant hereby requests that the following proffered condition(s) enacted by Ordinance No. 40007 - 072114 be repealed as it/they pertain(s) to Official Tax No(s): 7060113, 7060163- 7060261: 1. The project Mountain Brook Villas will be developed in substantial conformance with the "Planning and Design Documents for Mountain Brook Villas ", Dated June 5, 2014. Property O)njer and Applicant, Creek Dev opment, LLC :n C. Ro , Partner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of July, 2014. No. 40007- 072114. AN ORDINANCE to amend §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending a proffered Planned Unit Development Plan pertaining to property located on Zero Belie Avenue, N.E., bearing Official Tax Map No. 7060113, and by amending the proffer applicable to the subject property; and dispensing with the second reading of this ordinance by title. WHEREAS, Mountain Brook Villas, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to amend a Planned Unit Development Plan previously proffered as a condition of a conditional rezoning, to permit a different type of residential development as it pertains to the parcel located on Zero Belle Avenue, N.E., bearing Official Tax Map No. 7060113; WHEREAS, Mountain Brook Villas, LLC, has also made application to the Council of the City of Roanoke, Virginia {"City Council "), to repeal Ordinance No. 38287 - 111708, adopted November 17, 2008, to the extent that it placed certain conditions on property located on Zero Belle Avenue, N.E., bearing Official Tax Map No. 7060113, and replacing such conditions with a new proffer; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on July 21, 2014, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given I an opportunity to be heard, both for and against the proposed repealing of Ordinance No. 38287- 111708, adopted November 17, 2008, the amending of the Planned Unit Development Plan pertaining to the property, and the adding of a proffer pertaining to the subject property; WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the repealing of Ordinance No. 38287 - 111708, adopted November 17, 2008, to the extent it placed certain conditions on property located on Zero Belle Avenue, N.E., bearing Official Tax Map No. 7060113, and replacing them with a new proffer and amending a previously proffered Planned Unit Development Plan, and is of the opinion that the conditions now binding upon the subject property, should be repealed and replaced as requested with a proffer and an amended Planned Unit Development Plan as set forth in the Zoning Amendment Amended Application No. 1 dated July 3, 2014. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Planned Unit Development Plan, as it pertains to the property bearing Official Tax Map No. 7060113, as set forth in the Zoning Amended Application No. 1 dated July 3, 2014. 2. Ordinance No. 38287 - 111708, adopted November 17, 2008, to the extent it placed certain conditions on property located on Zero Belle Avenue, N.E., bearing Official Tax Map No. 7060113, is hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2 That the proffer set forth in the Zoning Amendment Amended Application No. 1 dated July 3, 2014, is accepted and placed on the property located on Zero Belle Avenue, N.E., bearing Official Tax Map No. 7060113, and that §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City C 3 Glade Creek Development, LLC Mountain Brook Villas 1410 161h Street, SE Roanoke, VA 24014 June 15, 2020 City of Roanoke Planning Department Noel C. Taylor Municipal Building 215 Church Avenue Roanoke, VA 24011 Re: Mountain Brook Villas Zoning Amendment Application Traffic Count TRAFFIC COUNT FOR MOUNTAIN BROOK VILLAS AT FULL BUILDOUT The Potential Number of Dwelling Units in the Mountain Brook Villas at full development is projected to be 125. Following Chart is taken from TTE Trip Generation Manual 10th Edition, Trip Calculations 1) Daily Trips: 125 DU x 9.44 Trips/DU = 1180 Trips/Day 2) AM Peak: 125 DU x 0.74 Trips = 92 Trips/Hr. 3) PM Peak: 125 DU x 0.99 Trips = 124 Trips/Hr. Per the Trip Calculations above, the average daily trips are greater than 1000. A TIA Will be required. UNIT Daily Rate Peak Hour of Adjacent Street Rate ITE AM 7 -9 PM 4 -6 No. Land Use Description Total In Out Total I In Out 210 Single Family Detached Homes DU 9.44 0.74 25% 75% 0.99 63% 37% Trip Calculations 1) Daily Trips: 125 DU x 9.44 Trips/DU = 1180 Trips/Day 2) AM Peak: 125 DU x 0.74 Trips = 92 Trips/Hr. 3) PM Peak: 125 DU x 0.99 Trips = 124 Trips/Hr. Per the Trip Calculations above, the average daily trips are greater than 1000. A TIA Will be required. I I is 1 Industrial /Agricultural 110 General Light Industrial 130 Industrial Park 140 Manufacturing 150 Warehousing 151 Mini - Warehouse 160 Data Center Residential 210 Single- Family Detached Housing 220 Multifamily Housing (Low -Rise) 231 Mid -Rise Residential w/ 1st -Floor Commerci 240 Mobile Home Park 251 Senior Adult Housing - Detached 252 Senior Adult Housing - Attached 253 Congregate Care Facility 254 Assisted Living 255 Continuing Care Retirement Community 270 Residential Planned Unit Development Lodging 310 Hotel 311 All Suites Hotel 312 Business Hotel 320 Motel 330 Resort Hotel Recreational 411 Public Park 416 Campground /Recreational Vehicle Park 444 Movie Theatre 445 Multiplex Movie Theatre 488 Soccer Complex 490 Tennis Courts 491 Racquet/Tennis Club 492 Health /Fitness Club 495 Recreational Community Center ksf 4.96 0.70 88% 12% 0.63 13% 87% emp. 3.05 0.52 83% 17% 0.49 22% 78% ksf 3.37 0.40 81% 19% 0.40 21% 79% emp 2.91 0.44 865,o' 14% 0.42 20% 80% ksf 3.93 0.62 77% 23% 0.67 31% 69% ac 35.02 4.62 90% 10% 4.54 43% 57% ksf 174 0.17 77% 23% 0.19 27% 73% emp. 5.05 0.61 72% 28% 0.66 36% 64% ksf 1.51 0.10 60•� 40'% 0.17 47% 53% ksf 0.99 0.11 55% 45% 0.09 30% 70% DU 9.44 0.74 25% 75% 0.99 63% 37% DU 7.32 0.46 23% 77% 0.56 63% 37% DU 3.44 0.30 28% 72% 0.36 70% 300/6 DU 5.00 0.26 31% 69% 0.46 62% 380A DU 4.27 0.24 33% 67% 0.30 61% 39% DU 3.70 0.20 35% 65% 0.26 55% 45% DU 2.02 0.07 600/a 40% V IS 53% 47% beds 4.24 0.39 78% 22% 0.49 30% 70% units 2.40 0.14 65% 35% 0.16 39% 61% DU 738 0.57 22% 78% 0.69 75% 25% rooms 8.36 0.47 59% 41% 0.60 51% 49% rooms 4.46 0.34 53% 47% 0.36 48% 52% rooms 4.02 0.39 42% 58% 0.32 55% 45% rooms 3.35 0.38 37% 63% 0.38 54% 46% rooms n/a 0.32 72% 28% 0.41 43% 57% ac. 0.78 0.02 59% 41% 0.11 55% 45% occ. sites IIij 0.21 36% 64510 0.27 65% 35% screens 220.00 n/a n/a n/a 14.60 44% 56% screens 292.50 n/a n/a n/a 13.73 51% 490% fields 71.33 0.99 61% 39% 16.43 66% 34% courts 30.32 n/a n/a n/a 4.21 n/a n/a courts 27.71 n/a n/a n/a 3.82 n/a n/a ksf n/a 1.31 51% 49% 3.45 57% 43% ksf 28.82 1.76 66% 34% 2.31 47% 53% July 12, 2012 Design Standards Manual _ Chapter3: Transportation F -11 0 *&41z, -verova 1//,, +4i .-. et,w Planning and Design Documents for MOUNTAIN BROOK VILLAS Property Owner /Developer: Mountain Brook Villas, LLC Attention: Mr. Ed Lindsley 1302 2nd St SW Roanoke, VA 24016 Consuiting Finn: Balzer and Associates, Inc. 1208 Corporate Circle Roanoke, VA 24018 Project # R0500378.02 Date: June 5, 2014 hNIM AND ASSOCIATES INC 16, REFLECTING TOMORROW r 2 Table of Contents: I. Table of Contents Page 3 11. Planning and Use Statement / Vicinity Map Page 4 III. Rezoning /Background Information Page 5 IV. Vision Statement and Development Plan Page 6 V. Housing Styles Page 7 VI. Streets Page 8 VII. Development Standards Page 9 VIII. Maintenance and Use Standards Page 11 IX. Development Plan Page 12 3 Planning/ Use Statement: This planning and design document is intended to provide guidance and development standards for the Mountain Brook Villas Mixed Use Planned Unit Development District (MXPUD). Mountain Brook Villas is a proposed 47.07 acre Mixed Use Planned Unit Development consisting of residential development located within the Hollins/Wildwood area of the City of Roanoke. An additional 2.40 ac. is located within the County of Roanoke and is not part of this rezoning. The total acreage for the parent tract is approximately 49.47 acres. No proposed units will be located on the Roanoke County portion of the site and no rezoning is required for that portion. The intent of this project is to provide a residential development pattern that reflects the ideals found within the neighborhood plan while incorporating the character of the natural features of the site. General site and architectural standards are set forth within this document. The development guidelines shall be referenced by the developer and the Home Owners Association to maintain a consistent character within the Mountain Brook Villas development. The development will provide single family homes and the current development plan indicates a maximum of 100 units to be constructed onsite. The neighborhood will provide many amenities and recreation opportunities for the residents such as sidewalks, street lights, open space, and the preservation of natural site features such as Glade Creek. Vicinity Map: Rezoning /Background Information: 4 Site Summary Property Owner /Developer: Mountain Brook Villas, LLC Attention: Mr. Ed Lindsley 1302 2nd St SW Roanoke, VA 24016 Tax Parcel ID #: 7060113 Total Acreage: 47.07 acres within the limits of the City of Roanoke (Area being rezoned) Armrox. 2.40 ac. located within the County of Roanoke Approx. 49.47 ac. total for tracts Existing Zoning: MXPUD — (Mixed Planned Unit Development District) Overlay District: RCC - (River and Creek Corridor Overlay District) Proposed Zoning: MXPUD — (Mixed Planned Unit Development District) Zoning Ordinance/ Area Plan Compliance This development is in compliance with the intent of the Hollins/Wildwood neighborhood plan and the Roanoke City Zoning Ordinance. This project provides neighborhood cluster housing that is outlined in the neighborhood plan as a desirable attribute to this area. The proposed development will incorporate the required infrastructure improvements such as water /sewer services, curb and gutter, and sidewalks. This development maximizes the use of the land while preserving the natural environment of Glade Creek. Useable green space is being provided throughout the development. A minimum of 50% of the site is being dedicated as open space for the residents of the neighborhood. In keeping with clustered neighborhood design, the proposed residential units will be oriented to the street with only minimal setback requirements. The density proposed is approximately 2.0 units per acre. Vision Statement: 5 Mountain Brook Villas is developed around the idea of cluster housing to take advantage of developable land while preserving many sensitive features of the site. The housing style, arrangement, and amenities provide for an abundance of outdoor recreation possibilities. Green space preservation and convenient, easy living is provided while meeting the ideals and vision expressed in the Hollins/Wildwood area plan. This community provides development principals and architectural character to match the surrounding scenic beauty of the site. Housing Styles: 6 Single Family Residential Attached Patio homes within the community will be grouped together to provide clustered development and to provide open space between the units. Each unit will have a Front Porch or other architectural features that promotes the front entry. i � t SINGLE FAMILY CONCEPT Type 1 SINGLE FAMILY CONCEPT Type 2 Architectural Building Materials and Color Schemes: Exterior Siding: Materials shall consist of Brick, Wood, Stone and /or Fiber Cement Board Shutters: Wood or Vinyl Roofing: Asphalt Architectural Shingles Colors: Traditional color styles as approved by the Mountain Brook Villas Architectural Review Board Windows: Wood, Vinyl, or Aluminum clad wood Foundations: Brick, Stone, Stucco, or parging. is 4 15m r+f Vrfia4 7 Streets: The layout and design of the neighborhood provides street level interaction with residents of the community. The internal system of roadways through the site provides access while blending into the landscape with street tree plantings and sidewalks. Pedestrian connections will provide residents with access to other areas of the development, as well as provide access to site amenities. Cross Sections: Y L._.. ��._. IDE DSCAP ROADWAY LANDSCAPE WALK AREA AREA RIGHT OF WAY PROPOSED ROAD CROSS SECTION �� �tFrx �lfw4 8 Development Pattern Standards: The development patterns shall be in general conformance with the development plan for Mountain Brook Villas dated June 5, 2014. Minimum Building Size: 1,400 sf. Maximium Building Height: 36' Lot Frontage: 42' or 30' on a cul -de -sac Minimum Lot Area: 3,000 s.f. Setbacks: Front: 15' Minimum/ 25' Maximum Side: 3' Rear: 15' All building units shall have a minimum 30' setback from all boundary property lines of the parent tracts. Sisanane All signage shall be in accordance with the Roanoke City Zoning Ordinance, (latest edition). The main entrance signage shall be a monument style sign with brick construction located at the entrance. The sign shall be a maximum of 6' tall and 13' wide. The minimum setback for the monument entrance sign from the right of way shall be 2'. The maximum sign face area shall be 25 square feet. Lisahtina All street lighting shall be residential in style and scale, shall be post top style lights, and shall not exceed 16 feet in height. Street lighting shall be allowed within or adjacent to the street Right of Ways. If the street lighting is not located within the street Right of Way, then it shall be located within an appropriate utility easement. No more than 0.5 foot candles shall be allowed to cross the property line of the parent parcel. 9 Sidewalks and Trails Sidewalks shall be a minimum of 4' wide and shall be constructed of concrete. Each unit fronting a street shall have a sidewalk connecting the unit to the street and /or the driveway for that unit. Walking trails that may be constructed to connect to a possible greenway extension shall be a minimum of 6' wide and shall be constructed of a natural stone dust/cinder material. Open Space A minimum of 50% of the site will be maintained as open space. Landscaping and Buffer Yards The development shall have a 30' natural buffer along the exterior property lines of the parent parcel. A buffer of 50' shall be maintained from the existing top of bank of Glade Creek. Walking trails will be allowed within this buffer. Street trees shall be provided along both sides of all roadways within the right of way at a spacing of one deciduous tree per fifty linear feet. The street yard trees shall be provided from the approved list of the Roanoke City Zoning Ordinance. All stormwater management shall be developed in accordance with Roanoke City Stormwater management standards. The entrances shall be professionally landscaped. Roads All roads will be private and maintained by the home owners association. The maximum grade for any alley or road shall be 12 %. All roads will have roll face curb and gutter and /or standard CG- 2 /CG -6 curbing where appropriate. Subdivision Access The proposed development will have one access point from Mountain Brook Drive. The existing road from Belle Avenue to the proposed development was designed to accommodate the development of the subject parcel. The improvements to date provide the necessary 10 pavement widths and sections to support the traffic from the subject development. Home Owners Association All property owners at Mountain Brook Villas will automatically be members of a Home Owners Association for this development. The Home Owner Association (H.O.A.) will be established to maintain all interior roadways, sidewalks, common open space, commonly held stormwater management facilities, commonly held landscaping and signage, as well as enforce all design guidelines set forth within this document. Architectural Review Committee A review committee shall be established to review all neighborhood improvements on the lots or parcels in order to maintain harmony in the design and to reject proposed improvements that would otherwise adversely affect the atmosphere and values of the development. This would include review and approval of all building plans, exterior elevations and colors, and landscape plans. Mountain Brook Villas Maintenance and Use Standards Single Family Lots: Front, Side, Rear Yards: Owned by Resident Maintained By the residents. Open Space: Owned and Maintained by the Home Owners Association for Mountain Brook Resident and Guest Use unless donated to the City of Roanoke or other entity for use by the general public. Road Right of Way: Sidewalks: Owned and Maintained by the Home Owners Association Mountain Brook Resident and Guest Use Owned and Maintained by the Home Owners Association Mountain Brook Resident and Guest Use 11 DOUGLAS R MEREDITH, JR, P.L EC. ENGINEERIN, I SU VEYING 1647 Millwood Dr. - ph: 540.345.0484 Salem, Virginia, 24153 dmeredith @Imwpc.net VICINITY MAP NO SCALE NOTES LEGAL REFERENCE: INSTRUMENT #150005227 RESIDENTIAL DISTRICT: R -5 MIN. LOT AREA PER DWELLING UNIT: 5,000 SF LOT AREA: MIN. 5,000 SF MAX. NONE LOT FRONTAGE: MIN. 50 FT MAX. NONE FRONT YARD: MIN. 15 FT MAX. 40 FT SIDE YARD: MIN. 3 FT REAR YARD: HEIGHT: MIN. 15 FT MIN. 35 FT IMPERVIOUS SURFACE AREA MAXIMUM (PERCENTAGE OF LOT AREA): 60 PRINCIPAL STRUCTURES: MAX. 1 TREE CANOPY COVERAGE: MIN. 20% OF LOT AREA MINIMUM PARKING REQUIREMENTS APPLIES FRONT YARD REQUIREMENTS FOR INFILL DEVELOPMENT APPLY LOT FRONTAGE: IN ALL RESIDENTIAL DISTRICTS, THE MINIMUM LOT FRONTAGE REQUIREMENTS FOR DEVELOPMENTS ON CUL -DE -SACS SHALL BE MEASURED ALONG THE MINIMUM FRONT YARD AND SUCH MINIMUM FRONTAGE MAY BE REDUCED TO SEVENTY -FIVE (75) PERCENT OF THE FRONTAGE REQUIRED BY THE DISTRICT, BUT IN NO CASE SHALL THE FRONTAGE AT THE RIGHT -OF -WAY LINE BE LESS THAN THIRTY -FIVE (35) FEET. CORNER LOTS AND THROUGH LOTS: CORNER LOTS HAVING TWO (2) STREET FRONTAGES SHALL PROVIDE YARDS AS FOLLOWS; IN A DISTRICT WHERE SECTION 36.2 -313 APPLIES, ONE (1) FRONT YARD SHALL BE PROVIDED WITH THE MINIMUM AND MAXIMUM DEPTHS DETERMINED BY THAT SECTION. THE OTHER FRONT YARD SHALL BE SUBJECT ONLY TO A MINIMUM REQUIRED DEPTH OF ONE -HALF 0) THE MINIMUM FRONT YARD REQUIRED BY THE DISTRICT. THIS PROPERTY AS PLATTED DOES FALL WITHIN THE 100 YEAR FLOOD ZONE THIS PLAT WAS PREPARED FROM AN ACTUAL AND CURRENT FIELD SURVEY. ANY PHYSICAL IMPROVEMENTS NOT DIMENSIONED, SHALL NOT BE SCALED. FEMA FLOOD ZONE: 'X' k 'AE' MAP W51161CO167G, REVISED DATE: SEPT. 28, 2007 CONCEPT PLAN MOUNTAIN BROOK VILLAS TRACT 3A -1 BERKELEY ESTATE GLADE CREEK DEVELOPMENT, L.L.C. LOTS 1 THRU 88 (14.2685 AC); TRACT 3A -1A (10.3548 AC); TRACT 3A —iB (21.7753); TRACT 3A -1C (3.3087) SITUATED ON MOUNTAIN BROOK DRIVE, N.E. CITY OF ROANOKE, VIRGINIA Sheet 1 of 6 �G w a `o Y a a mz E Ua_ ar N o o� x o„oo o ¢ � f I I .BR.Y A K/ INGRAHA M i aN=-10 • ° m Y S FOGG ° m I o E MARGARET F -_ N F z -" RICY D & MAR S H �A T M r ° MACHER DB 01716 DP 01751 N/F P. W. CARVER GORKE m_? x TM/ VINTON CONGREGATION OF Z1 T M. M 7060121 ~INSTR./ INSTR.# 0000004707 'S WITNESSES 7060140 130003648 JEHOVAH T.M.i 704 INS TR N 3 _ _ B op BWA jn- D 07653 06MOUNTAIN BROOK ESTATES 69 N/F N/F STRIES HOMEOWNERS ASSOCIATION LLC TM I T.M. 7060137 - 47050164 972.77 / INSTR,# 090012503 ) _ `o °~z I S / O -- _��_ - - --- 786.24 N41'27'38 "E- i 260.11 N41'33'O6 "E - EXISTING 30' - GAS EASEMENT z _796.36 TRACT 3A -1A °t ' -- N79'l3'21°E wo x`51.58119 -E j1� 780 (10.3548 AC) nlgR 30.40 N o I s j „` 104- �y432 282.54 _ 138.01 ! I �p I zrxx Na3 36�� N45'r1'357 N48' 2'48" NS '682 579'32'09 "E `� 20' PRIVATE STORM 40'�I 59.89 4� DRAIN EASEMENT.\ I� C230- 69.53 7 1- `o t o j o 527• _ 1 �N45'ST19 "E - -L 1 -S6 I o I o I I S I I '^^ c' °- 1 W3. _ ° F N5512'27w� N44.07.41 "W. $ q /7p g g s' I 's l o l o T o n -- -_230.71 _ o _ 61.85' 2 31.42Y V q 6.77 I 'N I 955' 515.11 N3804'S7 "E� l © 0 N N ' N44'4'9'42w, U u "241 - 732.3q _ - _ -�__ - -_ FLOODPLAIN C229__- © LOT ee A -` 3f 2I 132.50 T,Yj I 36.53 N 4 '42w 21 S45.52'19w 98.39 0 �__L -1 S45' 0'07 _I_ ...,,� �m �5ap26N _•19' �� r�_- - z Z oa.ta' I C�LOT 9o'- ° _R T E E N. E. az.1s - -L_l a �O 6f I N 5 °e I Na4 {ib'S7 N F I LOT 87 1- 88 T 42.15 (50' PU8h S S I O I p I N it 1 n n R I R I g Z�� TIFFANY M. A�U -ter -� _� �_� PUBLIC R-O�W) �C S '_ 1 ' ' S I g I O I O I g I s i I '` n Try la O a BROOKS n N4 '30'07 E .7 _ - A - \�- L -I- si,CB N1 rn > &JEREMY S' LOT $ 221 Y 6ROOX5 LOT 66 r ° o ^ ' A N y M p ' � 9 9 I j j o j o s x N S31 NBIJC R.o.w.) S"' g t i ¢� 7OSO, 63 v ill ' o o I o I S4a'S 52 "E I -I_ A 759'06 °E_ / o NSTR. LOT 95 LOT 70 'g I o I o I n I D -"V E N• E 260.49 N3- _ ,7 1a0ao9566 m W I- _ I - j- n 40.42 I I / / N44'S0'S2'M' r -I.�- _ -�" �- �I -,, 45'52'19 "E iol ---L_ L -�__I I I I $ I" 1391.37 n I i T T� -T + T y g I g of 30.00' 'PI LOT 84 2' LOT 71 " 54T47'59"W 355.77 �--�f _ 1 o f I �roo ry I^f�.�l 55a•7a'25'W -_ 3 0 iin,.r g�Ray a° O 1 293.7 LOT B3 /N�o LOT 72 Ivni 0010 _ Y -1 �B32.78 t I o0 LOT 73 Ih - {25w,j8L-- L___L -� -J- 53T59'04"W LOT H U Iw -'' -� I.4 20• SWRA'� _� SEWER EASfOAEN� z .>a LOT B7 Qn LOT 74 I _ --------------- r�pp� = m O09PSPpY,_ 20' STORMWATER _ _ - FLLO -'�i� za .x Fv'_O / EASEMENTS ACCESS - a m . ilf LOT 80 I LOT 75 /y �� / OPEN AREA /11: / - - - 31 OPEN AREA CONS / l / OPEN AREA \ - TRACT 3A-1B SANITARY SEWER {{ Yti�t1 _ W 1 CONSERVED SP a ORM l,l', i/ EASEMENT / al C3 SPACE STORM I / CONSERVED BILLYFw. ' MANAGEMENT MM"ELIENT I� j SPACE ST RM \ (21.7753 AC) / &WAGNER °zl LOT 79 I EASEMENT_ Ifl �I7f r� EASEMENT EASEMENT MANAGEMENT I LOT >LOT711 /F lLOT 78 : O 40 ,._5;06 0[ - 0- z� /e` ' MYERS & SHEILA P MYERS \ pl £590()•57"W II T.M./ 7050158 J - x56.0 II ���P OJ2 _ jINSTR 9 _ 20 STORMWATER MANAGEMENT ACCESS EASEMENTS 0._ S1 SSY,,003 "E - --/ EXISTJUG ��/5.00 {/ t2 / _.I. I - 10'- GREENWAY PEDESTRIAN ACCESS EASEMENT NI FLOODPLAIIV -Y - -- SANITARY SEWER / _ -NFY I EASEMENT -- T�6uNTaN BROOK � 339�5�3'E� 1a � GLADE CREEK I I EXISTING 30' GAS EASEMENT (1 q2' ESI H MEOWNERS I_ _. \{ 02.00 J O /vl ASSOCIATION + h / ___ _.._ 339316 \, t5 /2h`y T.M.X 7050131 �'� r O N8TR.1 090012503 E� �� _ _ _ - - -� I --- J- L- - -- - -- 543'25'S7'W 1320.83 / _UU53Z7-A - rua. -_- -- 106 17 NQRFOLK SOUoTHREw1N RAILROAD {{` CONCEPT PLAN ==++,H+ ff� « """ " MOUNTAIN BROOK VILLAS TRACT 3A -1 BERKELEY ESTATE LEGEND GRAPHIC SCALE GLADE CREEK DEVELOPMENT, L.L.C. - - -- PROPERTY LINE �u - SETBACK LINE LOTS 1 THRU 88 (14.2685 AC); TRACT 3A -IA (10.3548 DOUGLAS RMEREDITH JR "PIT - - EASEMENT LINE ( IN FEET ) AC); TRACT 3A -1B (21.7753); TRACT 3A -1C (3.3087) ENGINEERING - SURV %wYIN, 1 inch = 100' ft. SITUATED ON MOUNTAIN BROOK DRIVE, N.E. CITY OF ROANOKE, VIRGINIA 1647 Millwood Dr. ph: 540.345.0484 Sheet 2 Of 6 Salem, Virginia, 24153 dmeredith @lmwpc.net INST: I i PREVIOUS LOT LINES (TYP) I I I I 1 Y SIDE SETBACK (TYP) I 2.2 - � I 125.2 15' - EAR SETBACK (TYP) n �7 N� 9 J35 4! 7 a SF15.6 5557 51.8 51.6 I - ________38.1 I 5 8 l._-______— LOT 79 LOT 80 �. - __, r �j LOT 2 10.201 af, 6,� I I I ) I Ih 6SIF SF LOTI 82 i I I LOT 88 0 775 a LOT M f I LOT 681 LOT 87 N 7,740 -LOT 65 I 6,807 :2 SF I r5� 89871 +SF BSF :111 8 SF SF I In S 'I I 8,214 (i I � 15 F TIBACK 3 __ I __. ___r: �__5__� �� 133.7 LOT 78 R N7 1 F-r10,480 16.9 18.1 LOT SF 0 5 ___� __ I - �' - 36.7 7 5L9 -, ro _ rr n 6,IF IF E r.. ' \ 21.2 v N 7.5' CORNER LOT SIDE SETBACK I Y 129.3 _ u 1 ¢ LOT 5 \ / / SF 9 '39 6T I 5T _0 - ___ —_r µ �a m 8.830 a hi 9319 0 �I. FR1.S - -- 28A 23.0 51.4 I, 37.6 ir_..______. v, �n _,°r __. 0.0 0� IACK.. 'L r rn \ a s �ETB m �� --------- _. f� \9 ^ LOT 76 LOT 5 SF85 n LOT 6120 ° LOT 73 o LOTI72 i I I I: o LOT 6 m SF N 6.120 c ° LOT 71 LOT 89 +" 6,703 ¢ 6,452 I- SF, w 6,)20 n LOT 70 I LOT 68 I _. Ib ^- - -_ -_, _ - -� 6,125 0 6,202 £! 8• 7,789 I SF SF '�' SF i' SF I i= SF m s; _ =1 m m ._ / __. SL _ - 81,3820 :42. - __ _- _ __ _- __ 980 15' REAR SET YEAC .0 510 _________ SF o. 55.0 ---- 1359-.- - J�i / 1 LOT 67 b LOT 8 1 -� _ - ink tN _ - - - -7.067 SF _ 1408 137.15' y Ic, I - LOT 66 8. I _ LOT y 6 SF 7.248 . �I I SF MATCH LINE (SEE SHEET 4) CONCEPT PLAN MOUNTAIN BROOK VILLAS TRACT 3A -1 BERKELEY ESTATE LEGEND GRAPHIC SCALE GLADE CREEK DEVELOPMENT, L.L.C. - - -- PROPERTY LINE 50 - -- SETBACK LINE L_.� LOTS 1 THRU 88 (14.2685 AC); TRACT 3A -1A (10.3548 DOUGLASR.MERED��P,L,L.C. — — EASEMENT LINE ( IN FEET ) AC); TRACT 3A -1B (21.7753); TRACT 3A -1C (3.3087) ENGIN EERINCi - SURVEYING 1 inch - 50' ft. SITUATED ON MOUNTAIN BROOK DRIVE, N.E. CITY OF ROANOKE, VIRGINIA 1647 Millwood Dr. ph: 540.345.0484 Sheet 3 of 6 Salem, Virginia, 24153 dmeredith@lmwpc.net DOUGLAS R. MEREDITH, JP-1 P.L.L.C. ENGINEERING - SURVEYING 1647 Millwood Dr. ph: 540.345.0484 Salem, Virginia, 24153 dmeredith @lmwpc.net — PREVIOUS LOT LINE 1 18.0 33.1 T —�175 1 .1 a -- . l,r 5- 1x 1 5 R S E T B __ h- s1.o 7 g -_ 7.5' CORNER LOT SIDE SETBACK I�143.0 I LOT 10 I � I ;SLOT 11 -I .LOT 12 -I, I LOT 14 I LIJ II iSF1 a 7.580 �; 7.684 d' L7690 h;,. 7,709 ,� LOT 15 Ib LOT 16� LOT 17 I �'/ Z NEW LOT LINES _. 7,799 i SF _I SF ^I SF SF SF j, y 7.881 7,990 .1' 'LOT 18 1 55.8 T , I ..I, I^ I" SF I I. h, 114.854 �- SF 7� 1 Q '° 1. rI si.' SETBACKS _ f - - - -_. w vWW w i I -LL. l �I I S_L_O � I 'YI: ' -- - -15' F•I I -' 4-N�T_ .-__� i -" _ - . _ �I_ I LO -IL I- I , I 1 s 1 I AR I K SET:gg ACK LOT 8.588 511 � 510 S SF m l LOT 20 6SF h l' LO141 I r l It I I i I I sF I oT of ;1' f z I -- -- S A V A r N P, H D R I V E m ��� FI,' @NT fi II1 BSFZ'1 I. 51.0 511 I II 510 - 510�-I -- -�_ �8�yI� "E T�41CK I I; � _ \ I 1; T SETBM K -_ 51.1 g2. 5' FROI M, -11 I 511 II � _ ,12 6556 W j LOT 65 In 6.556 40T 64 o LOT 63 LOT 82 I I i; I 57i`�_ I N SF IN ,6.407 IN 6.387 Ivf 6,472 LOT 61 o LOT 60 I SF SF ,SF IN 6SSFF4 IN 6.72 SFO n L6,94B °LOT 58 1 iIG 0 1 ' 23 W ^ ^ %I SF In 7,1 5 'o LOT 57 S FR 46:g I (n �� I^ SF �a 7.176 °!� 8� �- -Sig I I SF. a LOT 56 III I: EI9 -j' _ 1'5' I^ 11,551 al LOT 55 A�4ifr 8121 �Z REAjt SETBACK ^ SF $I 7,038 'a 51.0 �_-- �_--si.o "I SF IIi3 ggss I' Ir 1_2- I� - I SF Iii LOT 53 I U -ALL 51._ _ 5 I I �i, 6.407 I°1 LOT 52 L SF H 6SF, �o LOT'd1 I' SF. IN 6.13¢ - _,�7.7 _ 47. IR „SE5121 K' BAd �� Il s�ala• _ 151.+ ___F--.� 1/ / 20' STORMWATER II �� MANAGEMENT ACCESS \ p� EASEMENTS S89'09'20'8 -1�51'\ III CONCEPT PLAN MOUNTAIN BROOK VILLAS TRACT 3A -1 BERKELEY ESTATE LEGEND GRAPHIC SCALE GLADE CREEK DEVELOPMENT, L.L.C. - - -- PROPERTY UNE SETBACK LINE L—.� LOTS 1 THRU 88 (14.2685 AC); TRACT 3A -1A (10.3548 DOUGLAS R MEREDITH, JR, P.L.L.C. — — EASEMENT LINE ( IN FEET ) AC); TRACT 3A -1 B (21.7753); TRACT 3A-IC (3.3087) ENGINEERING - SURVEYING 1 inch = 50' ft. SITUATED ON MOUNTAIN BROOK DRIVE, N.E. CITY OF ROANOKE, VIRGINIA 1647 Millwood Dr, ph: 540.345.0484 Sheet 4 of 6 Salem, Virginia, 24153 dmeredith@Imwpc.net I 1 I - _ I ^ 97.0 I - 52.0 PREVIOUS LOT LINE _ 52 p 52.0 LOT' 9 fiEARU I0 AC KO T �� LOT �B ml 51:7 -T 1 SF I _ 1�1 2 1�T51.2 1 2 f LOT 33' SF �•' 1�f�27 1 _ _ 5,$99 I S1 1.4 52 _ LOT 32 ry j SF 1 I 6,238 n , m�' LOT 30 �� T 31 c�u� 6,242 a� SF 3' SIDE SETBACK LOT I24 - LOT 29 NI 6,252 `" SF ^ I 6.611 Qil LOT 25 LOT 28 6,256 n SF S� N 6,,�0 N� 399 'I��j 387 N� 6.282 rv� SF SF v SF SF SF ^' 2 , �l 52.0 520 — K ^I I - -. 3' SIDE SET89C1L 5,I1 FIRON QAG 45 —t LOT 37 HI 7 r 52.0_ 5_2.0 _ a 9.&52 SIF ^I J CC /� \/ n I ^ I -J I l A V A V Y', f �r 22. 11.0 I_ 52.0 7 N3.4 47.9 LOT 38 - -_ TBACK I 1QSF 52.0 i �.5T0 I �� 1�9t1 T15L3�r 51.7 T SSE I I I �\ � � �I / I i LOT 42 n LOT 41 IH LOT ., Ia / LOT 43 I "' I ni 6.239 r 5,831 'm LOT 39 I 1OI to LOT 50 I v LOT 45 I,H tg 39 IN 6.23 H 8SF `� SF Sfi' �a+ $.9F$ I / 6,197 ° LOT 49 47 rl'I -OT 46 H 6239 H SF I^ In SF 6,SF9 iN LOT 6628 N 6,440 IN 6•SF9 In SF ^ I^ SF SF ^ -�- -2.0 n T S"4TBAC K_ -- (. 522_LI 15,.,frON 52.0 OU 52•� S�,U ^ -� -- PREVIOUS LOT LINE / I / I I DOUGLAS RDOUGLAS R. MEREDKJR,P.L.L.C. ENGINEERING - SURVEYING 1647 Millwood Dr. ph: 540.345.0484 Salem, Virginia, 24153 dmeredith@lmwpc.net INST: CONCEPT PLAN MOUNTAIN BROOK VILLAS TRACT 3A -1 BERKELEY ESTATE LEGEND GRAPHIC SCALE GLADE CREEK DEVELOPMENT, L.L.C. - - -- PROPERTY LINE 50 - — SETBACK LINE LOTS 1 THRU 88 (14.2685 AC); TRACT 3A -1A (10.3548 — - — EASEMENT LINE ( IN FEET) AC); TRACT 3A -1B (21.7753); TRACT 3A -1C (3.3087) 1 inch a 50' ft. SITUATED ON MOUNTAIN BROOK DRIVE, N.E. CITY OF ROANOKE, VIRGINIA Sheet 5 of 6 i I 51.1 - - -_�� LOT 66 d' LOT 65 6,836 I01 6,556 L I LOT 64 i o OT 63 g LOT 82 I 57 .74 ev ?� LOT 61 S 2.3 SF SF I ,6,407 N .6387 In 6472 In 6554 I° LOT 60 I I i ^ SF ry N 6,720 vI LOT 59 SF SF NSF NSF c' SF 6,946 In LOT 58 F' I 4& _ 7,100 ' LOT 57 q S A V A N N I^ I~ I' I�. SF SF la° 7.176 I I I R 9� 5L5 50 SF a LOT 56 I EtB T_ 1�5' REAkt SETBACK iI� I^ I^ 11,F51 al 1 LOT 55 I 11 �'ik 5121 1 5�0 \ - =--`- J_ -�I-C _ 51_U _L51.0 _1 51.0 I �. I i I 7.558 I I-_ - — TSt,.T 1 I LOT 54 �� I I. -.-� T 312 II II -� 6,699 LOT 53 I i, I I SF IN 6,407 �N I I LOT 52 51.2 1 I SF I� 6.203 I' SF Io LOT 51 N 6,135 �o LOT, 50 o LOT 49 I' \ 187.7 I I SF IN 6,197 n b 48 i REAhR 8 I ^ SF IN 6.368 628 1 \ N44.50'52 "W �' —17.0_j SET Ad K;. I- SF SF 20 -25 j _ 7�031Lsa ssa_425"w Inaa JN/ I _ _ I o' 20' STORM WATER �6 �2 /�,�NE I �� ?'4J. �R�1 51.2 II -I-- \ MANAGEMENT S�B�f.' - - re. £' 127. 24.3 - n 1 \ ACCESS EASEMENT /, j j T �W . . . . .. .. MAN20' STORMWATER C� / 9 g AGEMENT SACCESS / 2\ 21 EAEMENTS 569'09'20 "W, g 0 17.58 1B0\ 0 \ s / s 9258.63 '1 — F — . ro y N4— —— —— 5t 1 \ ' \ .� i \ / 1 �� Na4'3t'13 "C — .�7 .19 oe 20' SANITARY SEWER EASEMENT EXISTING 15 SANITARY SEWER EASEMENT �. F I ': '~ � cn 2: /.� .• 243 � % /'/ I ��,. /ICI / _ -- _. _ __ 20� \ 2 OPEN AREA 3 CONSERVED SPACE /_ .' _� \ Nlm' / / // el 52� 46.' 1' OPEN AREA \ STORM WATER �I // ,/ / OPEN AREA _ --{3 I I \ _ CONSERVED SPACE \ \ ^o. MANAGEMENT EASEMENT v / '' ' _;,�.; '� STORM WATER \ 7 CONSERVED TER ?� MANAGEMENT EASEMENT STORM WATER N I I \y MANAGEME_N'. EA$€M£NT /- 1 �\ o. •34`42 �ry -�•I I.�- 5' Z� ,. ��• / , I wF- _ �5s's4z. h S55'S4'42..w CENTERLINE oy'L2l \ \2 543`39'26 "W /7.50 N _ _ I ACCESS •-- o 1 v I J EASEMENT d \ PEDESTRIAN 10' GREENWAY / �� —.. —.. _.. —.L 1 — S43'39'26 W 206.49' / / \/ 20' STORM WATER ACCESS EASEMENT EXISTING 15' SANITARY MANAGEMENT ACCESS - 20' STORM WATER EASEMENT MANAGEMENT SEWER EASEMENT �� � � � ACCESS EASEMENT A/J — EXISTING 25' SANITARY SEWER EASEMENT jI Ir / EXISTING 30' GAS -- -. -. -_ I LINE EASEMENT - - - -.� J/ CONCEPT PLAN :----- - - - - -- - MOUNTAIN BROOK VILLAS -__- - _----- _- __--- - - - -- TRACT 3A -1 BERKELEY ESTATE I. FGFND GRAPHIC SCALE GLADE CREEK DEVELOPMENT, L.L.C. - - -- PROPERTY LINE SETBACK LINE LOTS 1 THRU 88 (14.2685 AC); TRACT 3A -1A (10.3548 DOUGLAS R.MEREWH,JR,P.L.L.C. - - EASEMENT LINE ( IN FEET) AC); TRACT 3A -iB (21.7753); TRACT 3A -1C (3.3087) NGIN EERING - SURVEYING i i inch - 50' ft. SITUATED ON MOUNTAIN BROOK DRIVE, N.E. CITY OF ROANOKE, VIRGINIA 1647 Millwood Dr. ph: 540.345.0484 Sheet 6 of 6 Salem, Virginia, 24153 dmereditholmwpc.net KIM I RMF: 1:1:1,11light Industrial jp it C Mixed eaTU n it itionall = 11170E mi RA: gricultural U_D(c): : Mixed Planned Unit Conditional. oz -7r- –o 40007 - 07211 R CITY OF ROANOKE - PDB Attn Tina Carr 215 CHURCH AVE ROOM 166 ROANOKE, VA 24011 Date 07116/2020 Category Legal Notices The Roanoke Times Roanoke, Virginia Affidavit of Publication Description Ad Size PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 662 L Publisher of the Roanoke Times Account Number 6011439 Date July 23, 2020 I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE An was published in said newspapers on the following dates: 06/30, 07107/2020 The First insertion being given ... 06/30/2020 Newspaper reference: 0001109059 Billing Representative Sworn to and subscribed before me this Thursday, July 23, 2020 Notary Public State of Virginia , City/County of My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU Total Cost 6,107.44 Tax Map No. 7060168 426 Savannah Drive NE, bearing Official Tax Map No. 7060208 PUBLIC HEARING NOTICE Tax Map No. 7060169 555 Savannah Drive. NE, bearing Official 430 Savannah Drive NE, bearing Official Tax Map No. 7060209 239 Map a 060245 g Court NE, bearing Any public hearings advertised herein Tax Map No. 7060170 551 Savannah Drive N bearing Official 434 Savannah Drive NE, bearing Official Tax MaP No. 7060210 g Official Tax Georgia Court NE, bearing Tax Map No. 7060171 will be held in the City Council 438 Savannah Drive NE bearing Official Chamber, 4th floor, Room 450, Noel C. Official 547 Savannah Urive N bearin Official 246 Georgia No Court NE, Tax Map No. 7060211 9 bearing Tax Map No. 7060172 Taylor Municipal Building, 215 Church g Avenue Municipal Roanoke, Virginia. These 442 Savannah Drive NE, bearing Official Official p o 7060248 543 Savannah Drive NE, bearing fficial 42 Georgia Court N Tax Map No. 7060112 g g E bearing Public hearings may be conducted b Tax Ma No. 7060173 y 446 Savannah Drive NE, bearing Official electronic communication Tax Official No. 7060249 539 Savannah Drive NE, bearing Official 238 Georgia is Court NE, bearing Tax Map No. 7060213 means due Tax Map No. 7060174 to the COVID -19 pandemic disaster, as 450 Savannah Drive NE, bearing Official permitted by Virginia Code Sections Official 535 Savannah Drive NE, bearing Official Tax Georgia Court NE, bearing lax Ma p No. 7060214 2.2• p 37082(A) and 15.2.1413, Amendment 28 Tax Ma No. 7060175 454 Savannah Drive NE, bearing Official to House Bill (HB)29 (2020 Bill ( )29 '(2032720, 531 Savannah Drive NE, bearing Official Tax Map No. 7060215 rive Official Tax Map No. 7060251 230 Gear Georgia Court NE, bearing Session), Ordinance and Resolution No. 41704- - 03272. All Tax Map No. 7060176 458 Savannah Drive NE, bearing Official 527 Sa v, -nnah Drive NE, bearing Official Tax Map No. 7060216 g Official Tax 226 G! r ja Court NE bearing Official persons shall be afforded an Tax Map No. 7060177 Opportunity to speak and state their 462 Savannah Drive NE, bearing Official 523 Savannah Drive NE, bearing Official Tax MaP No. 7060217 Tax Mall 222 Georgia . Court N3 Court NE, bearing views concerning all aspects of these Tax Map No. 7060178 matters. 466 Savannah Drive NE bearing Official Official Tax 519 Savannah Drive NE, bearing Official 218 Georgia Court NE, bearing Tax Map No. 7060218 Tax Map No. 7060179 515 Savannah Drive NE, bearing Tax Map No. Official applications will be digitally 470 Savannah Drive NE, bearing Official available for review online or ig be Tax Ma No. 7060180 Official 214 Georgia Court Tax Map No. 7060219 E bearing Official 511 Savannah Drive N Tax Map Na E bearing y 474 Savannah Drive NE, bearing Official p titan rid digitally by emailing Tax Map No. 7060181 g@roanokevagov, Court Official 210 Georgia Court NE, bearing Official Tax Map No. 7060220 Tax Map No. 7060257 507 Savannah Drive NE, bearing The City of Roanoke Planning 478 Savannah Drive NE, bearing Official Tax Map No. 7060182 Official Tax Map No. 7060221 503 Savannah Drive 206 Court is Geor NE, g bearing Official Tax Map No. 7060258 Commission will hold a public hearing 502 Savannah Drive NE, bearing Official Tax Map No. 7060222 E bearing Official 202 Georgia Court bearing Official on July 13, 2020, at 1:30 p.m., or as soon thereafter as the matters may be Tax Map No. 7060183 506 Savannah Drive NE, bearing Official 483 Savannah Drive N Tax Map No. 7060259 Tax Map No. 7060123 E bearing Official 59 heard, to consider the following matters and proposed amendments Tax Map No. 7060184 510 Savannah Drive NE bearing Official 479 Savannah Drive NE, bearing fficial g Tax Map No. 7060224 The land use categories permitted in R. 5 District include to Chapter 362, Zoning, and Chapter 31.1, Subdivisions. All persons wishing to Tax Map No. 7060185 514 Savannah Drive NE bearing Official 475 Savannah Drive NE, bearing Official Tax MaP No. 7060225 r residential: Commercial: ial tlons and group living utility uses g. 9 address the Planning Commission must sign-up with the Secretary to the Tax Map No. 7060186 518 Savannah Drive NE, bearing Official 4715avannah Drive NE bearing Official Tax Map No. 7060226 uses; and cesso l and uses and accesso and agricultuiai ry, with a Planning Commission b planninO aroanokeva. ov y emailing 9 by Tax Ma No. 7060187 522 Savannah Drive NE, bearing Official 467 Savannah Drive NE, bearing Official Tax Map No. 7060227 maximum squiareY Of on,, welling unit per 5,000 lot or calling (540)853 1330 try noon, Friday, July 10, 2020. Persons who register to Tax Map No. 7060188 526 Savannah Drive NE bearing Official 463 Savannah Drive NE, bearing Official Tax Ma D No. 7060228 area and no The i Com Comprehensive area ratio rt for sin Plan speak will be provided with information to present their testimony via electronic Tax Map No. 7060189 530 Savannah Drive NE, bearing Official 459 Savannah Drive NE, bearing Official Tax Map No. 7060229 desi notes designates g densilysErtJh�or single family, medium proposed communication means in the event the public hearing is conducted Tax Map No. 7060190 534 Savannah Drive NE, bearing Official 455 Savannah Drive NE, bearing Official Tax Map No. 7060230 use Of the family dwelt ngsatn detached singlc- using electronic communication musing. Written comments of interested interested Tax Map No. 7060191 538 Savannah Drive NE, bearing Official 451 Savannah Drive NE, bearing Official Tax Map No. 7060231 Application by Northbridge Properties, persons will be received the Secrets y to the Planning Commission Tax Ma No. 7060192 542 Savannah Drive NE, bearing Official 447 Savannah Drive NE, bearing fficial Tax Map No. 7060232 g previously to rezone and repeal all condition; Previously proffered as part Of previous at PlannmgAroanokeva.gov on or prior to 1:00 p.m., Friday, July 10, 2020. Tax Ma No. 7060193 546 Savannah nnah Drive NE bearing Official 443 Savannah Drive NE, bearing Official Tax Map No. 7060233 Peters Creek' for property located at 2Df6 Creek Road All persons shall be afforded an Opportunity to speak and state Tax Ma No. 7060194 550 Savannah Drive NE bearing Official 439 Savannah Drive N Tax Map No. 7060234 bearing Official NW, 4425 Northwood Drive NW, 443] Northwood Drive NW, and a portion their views concerning all aspects of these matters. Tax Map No. 7060195 554 Savannah Drive NE bearing Official 435 Savannah Drive N bearing Official Tax Map No. 7060235 g of 2032 peters Creek Road NW, bearing Official Tax P Os, 6140612, 6140610, 6140609, Application by Glade Creek Tax Map No. 7060196 558 Savannah Drive NE, bearing Official 431 Savannah Drive NE, bearing Official Tax Map No. 7060236 and Commer iaQ General cti Uily. fl-0111 n CG, Development LLC, to rezone and repeal the single condition proffered as Tax Ma No. 7060197 562 Savannah Drive NE, bearing Official 125 Brenda Way N Tax Map No. 706011; Baring Official R -; Residential Single- Family District: and CG, General District, part of a previous rezoning adopted through the enactment of Ordinance Tax Map No. 7060198 566 Savannah Drive NE bearing Official 583 Savannah Drive N E bearing Official Tax Map No. 7060260 nCommercial- S tedi with District, v its A0 40007-ties to for the following properties located as indicated below Tax Ma No. 7060199 570 Savannah Drive NE, bearing Official 487 Savannah Drive NE, bearing Official Tax Map No. 7060261 conditions condith o enactment poi vOrdinane adopted from MXPUD, Mixed Use Planned Unit Development, to R•5, Residential Single- Tau Map No. 7060200 574 Savannah Drive NE, bearing Official 203 Georgia Court N Tax Map No. 7060237 bearing official 17283390 are Proposed for repeal on a Portion of property located at 20.32 Pe ern Creek Family District: Tax Map No. 7060201 578 Savannah Drive NE, bearing Official 207 Georgia Court NE, bearing Official Tax Map No. 7060238 bearing Offiaal Tax Map No. 6141403. NW , All conditions 402 Savannah Drive NE, bearing Official Tax Map No. 7060163 Tax Map No. 7060202 579 Savannah Drive NE, bearing Official 211 Georgia Court NE, bearing Official Tax Map No. 7060239 previously adopted #3525i-040201 en of Ordinance 406 Savannah Drive N� bearing Official Tax Map No. 1060164 Tax Map No. 7060203 5755avannah Drive NE bearing Official 215 Georgia Court N Tax Map No. 7060240 bearing Official are proposed for repeal en property located at 4431 Northwood Drive NW 410 Savannah Drive NE, bearing Official Tax Map No. 7060165 Tax Map No. 7060204 571 Savannah Drive NE, bearing Official 219 Georgia Court NE, bearing Official Tax Map No. 7060241 and 4425 bearing Officio. Tax 6 ap Nos. 151406' 414 Savannah Drive NE bearing Official Tax Map No. 7060166 Tax Map No. 7060205 567 Savannah Drive NE bearing Official 223 Georgia Court NE, bearing Official Tax Map No. 7060242 g 640610, respectively. The land use categories Permitted in the CIS District 418 Savannah Drive NE, bearing Official Tax Map No. 7060167 Tax Map No. 7060206 563 Savannah Drive NE, bearing Official 227 Georgia Court NE, bearing fficial Tax Map No. 71)60243 g include group residential; accommodations and group living: commercial; 422 Savannah Drive NE, bearing Official Tax Map No. 7060207 559 Savannah Drive NE, bearing Official 231 Georgia Court NE, bearing Official Tax Map No. 7060244 industrial; institutional anentertainment; community 235 Georgia Court NE, bearing Official acrliUes, accesssory.twithuno maxiimuumudensit , The comprehensive plan designates the property for commercial and single family residential uses. The proposed use of the properties remain motor vehicle sales and service establishment, new and used. Application by Grandin Court Baptist Church to rezone property located at 2600 Sweetbrier Avenue SW and 0 Spring Road SW, bearing Official Tax Map Nos. 1561301 and 1561315, respectively, from IN, Institutional District, to R -7, Residential Single - Family District. The land use categories permitted in the R -7 District include residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 7,000 square feet The comprehensive plan designates the property for single family, medium density. The proposed use of the properties is single - family residential. Proposed amendments to Chapter 361, Zoning, of the Code of the City of Roanoke, (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted: 1. Sec. 361.205, Dimensional regulations, and Table 205-2, Application of Maximum Front Yard Requirements, to correct the amount of building facade that must be situated within the maximum front yard as noted in the exception. 2. Sec. 361.311, Use table for residential districts, to add Borrow or fill site and Composting Facility as special exception uses in the RA district. 3. Sec. 362 -315, Use table for multiple Purpose districts, to fix scrivener's error for Internet sales establishment and add Borrow or Fill Site as a special exception use in the MX, CN, CG, CLS, D, IN, ROS, and OF districts. 4. Sec. 361.322, Use table for industrial districts, to add Borrow or Fill Site as a special exception use in the 1 -1, 1 -2, and AD districts; to add Composting Facility as a special exception use in the 1.1 District; to modify the descriptor for the Manufacturing: Wood products use to include the shredding or grinding of wood to create mulch; and to include a reference to supplemental regulations for a Workshop. 5. Sec. 362 -327, Use table for planned unit development districts, to add Dwelling, single - family attached; Dwelling, single - family detached; Dwelling, two - family; Dwelling, multifamily; Dwelling, townhouse or rowhouse; Hotel or motel; Live -work unit; Mixed -use building; Amusement, commercial, indoor; Educational facilities, school for the arts; Fire, Police, or emergency services; Library; Supply pantry as permitted uses in the IPUD district. Add Outdoor recreation facility lighting or sports stadium lighting as a special exception tisr in the IPUD district. Add Government offices nr other government facility, ne,t othe,v;ise listed, Broadcasting studio cr stafino as permitted uses in the MXPUD district. Add Broadcasting tower as a special exception use in the MXPUD district. Add workshop; Amusement, commercial, outdoor; Microbrewery or microdistillery as permitted uses in MXPUD and IPUD districts. Add Borrow or Fill Site as a permitted use in MXPUD, INPUD, and IPUD districts. 6. Sec. 36.2 - 410.1, Fill or Borrow Sites, to establish supplemental regulations related to the criteria for reviewing. establishing, and operating a borrow or fill site, including type of fill material, grading and drainage, operating times, storage of equipment, and reclamation. 7. Sec. 36.2407.2, Corposting Facilities, to establish supplemental regulations related to the criteria for reviewing, establishing, and operating a composting facility, including compliance with applicable state regulations, providing details on operations and materials to be composted, implementing and updating an operations plan, and final approval of a composting facility by the state prior to issuance of a certificate of occupancy. 8. Sec. 36.2.423, Outdoor storage, to add requirements for storage of bulk materials, including but not limited to sand, gravel, mulch, or soil. 9. Sec. 362 -429, Temporary uses and Table 429 -1, to change the column title_ "Maximum Number per Calendar Year for Lot" to "Maximum Frequency per Lot" and update time frame for each use accordingly and to add Temporarv. short-term filling, grading, or borrow operation, subject to subsection (f) below as a temporary use. 10 -Sec. 36.2 -429, Temporary uses, to add off -site fill sites or borrow sites associated with a specific construction site as temporary construction. related activity and to add a definition and parameters of operation for a Temporary, short-term filling, grading, or borrow operation. 11-Sec. 36.2 -552, Basic development plans, to reverse the order of items (3) and (4) so the section reads more clearly. 12.5ec. 36.2 -553. Comprehensive development plans, to clarify that an initial review will occur to determine if a plzn is complete. Onca_ &itermlred to be complete, the plan review will be completed within 12 business days, resulting in comments regarding missing information, errOrs, required revisions, etc, or that the plan is sufficient and is approved. 13.Sec. 36,2 -630, General development standards, to add bicycle facilities to the list rd righ(•nf -way improvement: char mdY be rc(luired by the Agent tr, Are Ptanning Comrnissiun and that the Agent to the Planning Commission may require removal cr rr�placemenl at cxistinr, rigtd-uf,vay improsernrrtti when new development necessitates ur no longer requires such improvements. 14.S(L. 36.1.642, General landscaping and screening standards, to update a reference to the Tree List, to update the reference to the trade association that publishes standards for vegetative Plantings, and to clarify that the Zoning Administrator may limit plantings of trees in close pr6irn ty 10 sewer lines and laterals. 15.Sec. 36.2.643, Preservation of existing landscape features, to update a reference to the Tree List and to allow the Zoning Administrator to establish credits for existing trees to br pres,m:ed trer,t thzf are net included in the 1 re-: List. 16. Sec. 3G.2 -648, Parking area landscaping, to update a reference to the, Tree List. 17.Sec. 36.2 -652, Minimum parking anti Table 652 -2, Required Parking Spaces, to increase the decimal places in the number of parking spaces required for Dwelling, single - family attached; Dwelling. two - family; Dwellin multifamily; elderly (intended and designed exclusively to house the elderly); Dwelling, multifamily, other than elderly dwelling; and Townhouse or ro,v house; and to replace the Parking standard for mini- warehouses with a standard for Self- storage builcbngs and Selbstorage facilities. 18.5ec. 36.2.661, Applicability, to amend to increase the size Of temporary real estate signs from six to 12 square feet in the RA, R -12, R -7, R -5, R-3, RM -1, and RM -2 districts; to increase the size of temporary off -site real estate signs from five to 12 square feet: and increase the size of temporary construction signs from six t0 12 square feet in the RA. R -12. R -7, R. 5, R -3, Rlvt -1, and RM -2 districts. 19-Sec, 36.2 -662. Definitions, to add I of a feather sign. 20.Sec. 362.663, Prohibited signs, to expand the prohibition on animated signs to include feather signs. 21.Sec- 36.2 -664, Zoning permits for Signs. to expand exemption for signs not requiring a permit to those set forth in Sec 363.2- 673(a)- 22.Sec. 36.2.673, Temporary on- premises signs, to delete Table 673 -1. irmpOrary Signs: flaxittllrm Squa!e 100tage of Sign Arca; to permit temporary signs in Multiple purr,,;,:, Industrial and Planned Unit Development districts, subject to limits On size, height, number of signs displaved, and madnurm tin ,.. limits for temp -ar, signs; and to provide additional requirements and limits for inflatahle, laser light, or image prof* 'ion, or search light or beacon signs. 23. Appendix A, U fmni <n!s. !, matlify dt finitl0o Of Composting Facility, and to add definition for B(MOw ur Fill Site. 24.Appendi =. E.!, easic D(,velopmcnt Plan, to add requirement that Zoning Administrator may require a basic development plan to be required by a design professional; to alloy, the Zoning Administrator rather than the Agent to the Planning Commission waive standards for a basic development plan; to require that existing and proposed improvements in the right- of=may and prr,pcsCd waterlines, sewer laterals, or septic systems be included on a plan; and to clarify appiicability of agreements in lieu of an erosion and sediment C(tr,tr, 1 plan. Proposed arnendr rents to Chapter 31 .1, Subdivisions, of the Code of the City of Roanoke (1979), as amended: 25.5ection 31.1 -203, Subdivision application, review, and approval, update to require electronic submissions, excepting final signature sets to be recorded. 26-Section 31.1 -400, Standards for streets, add current Virginia Department of Transportation reference documents and most applicable sections for use by the Subdivision Agent; update Tables 400 1 and 400.2 to reflect standard, for streets with average daily traffic (ADT) greater than 4,000; and note that bicycle accommodations may be required on collector and arterial streets; include specific reference for Americans with Disabilities Act (ADA) compliance; and 27.Appendix 8-4, Requirements for final subdivision site plan, add requirement to show average daily traffic (ADT) for street and to show site distance for entrances when directed by the Subdivision Agent The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. The proposed amendments are digitally available for review online or may be obtained digitally by emailing planninga roanokeva.gov. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters and proposed amendments to Chapter 36.2, Zoning, and Chapter 31.1, Subdivisions, on )uly 20, 2020, at 7:00 p.m., or as soon thereafter as the matters may be heard. in the City Council Chamber, fourth floor, Room 450. Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 25'11 at feast five, clays prior to the scheduled public hearings Cecelia F. McCoy, CMC, City Clerk (1109059) PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, 4`h floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster, as pennitted by Virginia Code Sections 2.2- 3708.2(A) and 15.2 -1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41703- 032720, and Resolution No. 41704- 032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. ications will be digitally available for review online or may be obtained digitally by Any appl emailing The City of Roanoke Planning Commission will hold a public hearing on July 13, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters and proposed amendments to Chapter 36.2, Zoning, and Chapter 31.1, Subdivisions. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by emailing or by calling (540)853 -1330 by noon, Friday, July 10, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at 1) 1 1���lin r�� <<� �':�._�a ���`,: on or prior to 1:00 p.m., Friday, July 10, 2020. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Application by Glade Creek Development, LLC, to rezone and repeal the single condition proffered as part of a previous rezoning adopted through the enactment of Ordinance 40007- 072114 for the following properties located as indicated below from MXPUD, Mixed Use Planned Unit Development, to R -5, Residential Single- Family District: 402 Savannah Drive NE, bearing Official Tax Map No. 7060163 406 Savannah Drive NE, bearing Official Tax Map No. 7060164 410 Savannah Drive NE, bearing Official Tax Map No. 7060165 414 Savannah Drive NE, bearing Official Tax Map No. 7060166 418 Savannah Drive NE, bearing Official Tax Map No. 7060167 422 Savannah Drive NE, bearing Official Tax Map No. 7060168 426 Savannah Drive NE, bearing Official Tax Map No. 7060169 430 Savannah Drive NE, bearing Official Tax Map No. 7060170 434 Savannah Drive NE, bearing Official Tax Map No. 7060171 438 Savannah Drive NE, bearing Official Tax Map No. 7060172 442 Savannah Drive NE, bearing Official Tax Map No. 7060173 446 Savannah Drive NE, bearing Official Tax Map No. 7060174 450 Savannah Drive NE, bearing Official Tax Map No. 7060175 454 Savannah Drive NE, bearing Official Tax Map No. 7060176 458 Savannah Drive NE, bearing Official Tax Map No. 7060177 462 Savannah Drive NE, bearing Official Tax Map No. 7060178 466 Savannah Drive NE, bearing Official Tax Map No. 7060179 470 Savannah Drive NE, bearing Official Tax Map No. 7060180 474 Savannah Drive NE, bearing Official Tax Map No. 7060181 478 Savannah Drive NE, bearing Official Tax Map No. 7060182 502 Savannah Drive NE, bearing Official Tax Map No. 7060183 506 Savannah Drive NE, bearing Official Tax Map No. 7060184 510 Savannah Drive NE, bearing Official Tax Map No. 7060185 514 Savannah Drive NE, bearing Official Tax Map No. 7060186 518 Savannah Drive NE, bearing Official Tax Map No. 7060187 522 Savannah Drive NE, bearing Official Tax Map No. 7060188 526 Savannah Drive NE, bearing Official Tax Map No. 7060189 530 Savannah Drive NE, bearing Official Tax Map No. 7060190 534 Savannah Drive NE, bearing Official Tax Map No. 7060191 538 Savannah Drive NE, bearing Official Tax Map No. 7060192 542 Savannah Drive NE, bearing Official Tax Map No. 7060193 546 Savannah Drive NE, bearing Official Tax Map No. 7060194 550 Savannah Drive NE, bearing Official Tax Map No. 7060195 554 Savannah Drive NE, bearing Official Tax Map No. 7060196 558 Savannah Drive NE, bearing Official Tax Map No. 7060197 562 Savannah Drive NE, bearing Official Tax Map No. 7060198 566 Savannah Drive NE, bearing Official Tax Map No. 7060199 570 Savannah Drive NE, bearing Official Tax Map No. 7060200 574 Savannah Drive NE, bearing Official Tax Map No. 7060201 578 Savannah Drive NE, bearing Official Tax Map No. 7060202 579 Savannah Drive NE, bearing Official Tax Map No. 7060203 575 Savannah Drive NE, bearing Official Tax Map No. 7060204 571 Savannah Drive NE, bearing Official Tax Map No. 7060205 567 Savannah Drive NE, bearing Official Tax Map No. 7060206 563 Savannah Drive NE, bearing Official Tax Map No. 7060207 559 Savannah Drive NE, bearing Official Tax Map No. 7060208 555 Savannah Drive NE, bearing Official Tax Map No. 7060209 551 Savannah Drive NE, bearing Official Tax Map No. 7060210 547 Savannah Drive NE, bearing Official Tax Map No. 7060211 543 Savannah Drive NE, bearing Official Tax Map No. 7060212 539 Savannah Drive NE, bearing Official Tax Map No. 7060213 535 Savannah Drive NE, bearing Official Tax Map No. 7060214 531 Savannah Drive NE, bearing Official Tax Map No. 7060215 527 Savannah Drive NE, bearing Official Tax Map No. 7060216 523 Savannah Drive NE, bearing Official Tax Map No. 7060217 519 Savannah Drive NE, bearing Official Tax Map No. 7060218 515 Savannah Drive NE, bearing Official Tax Map No. 7060219 511 Savannah Drive NE, bearing Official Tax Map No. 7060220 507 Savannah Drive NE, bearing Official Tax Map No. 7060221 503 Savannah Drive NE, bearing Official Tax Map No. 7060222 483 Savannah Drive NE, bearing Official Tax Map No. 7060223 479 Savannah Drive NE, bearing Official Tax Map No. 7060224 475 Savannah Drive NE, bearing Official Tax Map No. 7060225 471 Savannah Drive NE, bearing Official Tax Map No. 7060226 467 Savannah Drive NE, bearing Official Tax Map No. 7060227 463 Savannah Drive NE, bearing Official Tax Map No. 7060228 459 Savannah Drive NE, bearing Official Tax Map No. 7060229 455 Savannah Drive NE, bearing Official Tax Map No. 7060230 451 Savannah Drive NE, bearing Official Tax Map No. 7060231 447 Savannah Drive NE, bearing Official Tax Map No. 7060232 443 Savannah Drive NE, bearing Official Tax Map No. 7060233 439 Savannah Drive NE, bearing Official Tax Map No. 7060234 435 Savannah Drive NE, bearing Official Tax Map No. 7060235 431 Savannah Drive NE, bearing Official Tax Map No. 7060236 125 Brenda Way NE, bearing Official Tax Map No. 7060113 583 Savannah Drive NE, bearing Official Tax Map No. 7060260 487 Savarmah Drive NE, bearing Official Tax Map No. 7060261 203 Georgia Court NE, bearing Official Tax Map No. 7060237 207 Georgia Court NE, bearing Official Tax Map No. 7060238 211 Georgia Court NE, bearing Official Tax Map No. 7060239 215 Georgia Court NE, bearing Official Tax Map No. 7060240 219 Georgia Court NE, bearing Official Tax Map No. 7060241 223 Georgia Court NE, bearing Official Tax Map No. 7060242 227 Georgia Court NE, bearing Official Tax Map No. 7060243 231 Georgia Court NE, bearing Official Tax Map No. 7060244 235 Georgia Court NE, bearing Official Tax Map No. 7060245 239 Georgia Court NE, bearing Official Tax Map No. 7060246 243 Georgia Court NE, bearing Official Tax Map No. 7060247 246 Georgia Court NE, bearing Official Tax Map No. 7060248 242 Georgia Court NE, bearing Official Tax Map No. 7060249 238 Georgia Court NE, bearing Official Tax Map No. 7060250 234 Georgia Court NE, bearing Official Tax Map No. 7060251 230 Georgia Court NE, bearing Official Tax Map No. 7060252 226 Georgia Court NE, bearing Official Tax Map No. 7060253 222 Georgia Court NE, bearing Official Tax Map No. 7060254 218 Georgia Court NE, bearing Official Tax Map No. 7060255 214 Georgia Court NE, bearing Official Tax Map No. 7060256 210 Georgia Court NE, bearing Official Tax Map No. 7060257 206 Georgia Court NE, bearing Official Tax Map No. 7060258 202 Georgia Court NE, bearing Official Tax Map No. 7060259 The land use categories pennitted in R -5 District include residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 5,000 square feet of lot area and no maximum floor area ratio specified. The Comprehensive Plan designates the property for single family, medium density. The proposed use of the properties remain detached single - family dwellings. Application by Northbridge Properties, LLC, to rezone and repeal all conditions previously proffered as part of previous rezonings for property located at 2006 Peters Creek Road NW, 4425 Northwood Drive NW, 4431 Northwood Drive NW, and a portion of 2032 Peters Creek Road NW, bearing Official Tax Map Nos. 6140612, 6140610, 6140609, and 6141403, respectively, from CG, Commercial - General District; R -7, Residential Single- Family District; and CG, Commercial - General District, with conditions, to CLS, Commercial -Large Site District, with conditions. All conditions previously adopted through enactment of Ordinance #28339 are proposed for repeal on a portion of property located at 2032 Peters Creek Road NW, bearing Official Tax Map No. 6141403. All conditions previously adopted through enactment of Ordinance #35253- 040201 are proposed for repeal on property located at 4431 Northwood Drive NW and 4425 Northwood Drive NW, bearing Official Tax Map Nos. 6140609 and 6140610, respectively. The land use categories permitted in the CLS District include residential; accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with no maximum density. The comprehensive plan designates the property for commercial and single family residential uses. The proposed use of the properties remain motor vehicle sales and service establishment, new and used. Application by Grandin Court Baptist Church to rezone property located at 2600 Sweetbrier Avenue SW and 0 Spring Road SW, bearing Official Tax Map Nos. 1561301 and 1561315, respectively, from IN, Institutional District, to R -7, Residential Single - Family District. The land use categories pennitted in the R -7 District include residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 7,000 square feet. The comprehensive plan designates the property for single family, medium density. The proposed use of the properties is single- family residential. Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted: 1. Sec. 36.2 -205, Dimensional regulations, and Table 205 -2, Application of MaxiMLlm Front Yard Requirements, to correct the amount of building facade that must be situated within the maximum front yard as noted in the exception. 2. Sec. 36.2 -31 1, Use table for residential districts, to add Borrow or fill site and Composting Facility as special exception uses in the RA district. 3. Sec. 36.2 -315, Use table for multiple purpose districts, to fix scrivener's error for Internet sales establishment and add Borrow or Fill Site as a special exception use in the MX, CN, CG, CLS, D, IN, ROS, and OF districts. 4. Sec. 36.2 -322, Use table for industrial districts, to add Borrow or Fill Site as a special exception use in the I -1, I -2, and AD districts; to add Composting Facility as a special exception use in the I -1 District; to modify the descriptor for the Manufacturing: Wood products use to include the shredding or grinding of wood to create mulch; and to include a reference to supplemental regulations for a Workshop. 5. Sec. 36.2 -327, Use table for planned unit development districts, to add Dwelling, single - family attached; Dwelling, single- family detached; Dwelling, two - family; Dwelling, multifamily; Dwelling, townhouse or rowhouse; Hotel or motel; Live -work unit; Mixed -use building; Amusement, commercial, indoor; Educational facilities, school for the arts; Fire, police, or emergency services; Library; Supply pantry as pennitted uses in the IPUD district. Add Outdoor recreation facility lighting or sports stadium lighting as a special exception use in the IPUD district. Add Government offices or other government facility, not otherwise listed; Broadcasting studio or station as permitted uses in the MXPUD district. Add Broadcasting tower as a special exception use in the MXPUD district. Add workshop; Amusement, commercial, outdoor; Microbrewery or microdistillery as permitted uses in MXPUD and IPUD districts. Add Borrow or Fill Site as a pennitted use in MXPUD, INPUD, and IPUD districts. 6. Sec. 36.2 - 410.1, Fill or Borrow Sites, to establish supplemental regulations related to the criteria for reviewing, establishing, and operating a borrow or fill site, including type of fill material, grading and drainage, operating times, storage of equipment, and reclamation. 7. Sec. 36.2- 407.2, Composting Facilities, to establish supplemental regulations related to the criteria for reviewing, establishing, and operating a composting facility, including compliance with applicable state regulations, providing details on operations and materials to be composted, implementing and updating an operations plan, and final approval of a composting facility by the state prior to issuance of a certificate of occupancy. 8. Sec. 36.2 -423, Outdoor storage, to add requirements for storage of bulk materials, including but not limited to sand, gravel, mulch, or soil. 9. Sec. 36.2 -429, Temporary uses and Table 429 -1, to change the column titles "Maximum Number per Calendar Year for Lot" to "Maximum Frequency per Lot" and update time frame for each use accordingly and to add Temporary, short-tenn filling, grading, or borrow operation, subject to subsection (f) below as a temporary use. 10. Sec. 36.2 -429, Temporary uses, to add off -site fill sites or borrow sites associated with a specific construction site as temporary construction - related activity and to add a definition and parameters of operation for a Temporary, short -tenn filling, grading, or borrow operation. 11. Sec. 36.2 -552, Basic development plans, to reverse the order of items (3) and (4) so the section reads more clearly. 12. Sec. 36.2 -553, Comprehensive development plans, to clarify that an initial review will occur to determine if a plan is complete. Once determined to be complete, the plan review will be completed within 12 business days, resulting in comments regarding missing information, errors, required revisions, etc. or that the plan is sufficient and is approved. 13. Sec. 36.2 -630, General development standards, to add bicycle facilities to the list of right -of- way improvements that may be required by the Agent to the Planning Commission and that the Agent to the Planning Commission may require removal or replacement of existing right - of -way improvements when new development necessitates or no longer requires such improvements. 14. Sec. 36.2 -642, General landscaping and screening standards, to update a reference to the Tree List, to update the reference to the trade association that publishes standards for vegetative plantings, and to clarify that the Zoning Administrator may limit plantings of trees in close proximity to sewer lines and laterals. 15. Sec. 36.2 -643, Preservation of existing landscape features, to update a reference to the Tree List and to allow the Zoning Administrator to establish credits for existing trees to be preserved trees that are not included in the Tree List. 16. Sec. 36.2 -648, Parking area landscaping, to update a reference to the Tree List. 17. Sec. 36.2 -652, Minimum parking and Table 652 -2, Required Parking Spaces, to increase the decimal places in the number of parking spaces required for Dwelling, single- family attached; Dwelling, two - family; Dwelling, multifamily; elderly (intended and designed exclusively to house the elderly); Dwelling, multifamily, other than elderly dwelling; and Townhouse or row house; and to replace the parking standard for mini- warehouses with a standard for Self - storage buildings and Self- storage facilities. 18. Sec. 36.2 -661, Applicability, to amend to increase the size of temporary real estate signs from six to 12 square feet in the RA, R -12, R -7, R -5, R -3, RM -1, and RM -2 districts; to increase the size of temporary off -site real estate signs from five to 12 square feet; and increase the size of temporary construction signs from six to 12 square feet in the RA, R -12, R -7, R -5, R -3, RM -1, and RM -2 districts. 19. Sec. 36.2 -662, Definitions, to add definition of a feather sign. 20. Sec. 36.2 -663, Prohibited signs, to expand the prohibition on animated signs to include feather signs. 21. Sec. 36.2 -664, Zoning pen-nits for signs, to expand exemption for signs not requiring a permit to those set forth in Sec 363.2- 673(a). 22. Sec. 36.2 -673, Temporary on- premises signs, to delete Table 673 -1. Temporary Signs: Maximum Square Footage of Sign Area; to permit temporary signs in Multiple Purpose, Industrial and Planned Unit Development districts, subject to limits on size, height, number of signs displayed, and maximum time limits for temporary signs; and to provide additional requirements and limits for inflatable, laser light, or image projection, or search light or beacon signs. 23. Appendix A, Definitions, to modify definition of Composting Facility, and to add definition for Borrow or Fill Site. 24. Appendix B -1, Basic Development Plan, to add requirement that Zoning Administrator may require a basic development plan to be required by a design professional; to allow the Zoning Administrator rather than the Agent to the Planning Commission waive standards for a basic development plan; to require that existing and proposed improvements in the right -of -way and proposed waterlines, sewer laterals, or septic systems be included on a plan; and to clarify applicability of agreements in lieu of an erosion and sediment control plan. Proposed amendments to Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended: 25. Section 31.1 -203, Subdivision application, review, and approval, update to require electronic submissions, excepting final signature sets to be recorded. 26. Section 31.1 -400, Standards for streets, add current Virginia Department of Transportation reference documents and most applicable sections for use by the Subdivision Agent; update Tables 400 -1 and 400 -2 to reflect standards for streets with average daily traffic (ADT) greater than 4,000; and note that bicycle accommodations may be required on collector and arterial streets; include specific reference for Americans with Disabilities Act (ADA) compliance; and 27. Appendix B -4, Requirements for final subdivision site plan, add requirement to show average daily traffic (ADT) for street and to show site distance for entrances when directed by the Subdivision Agent. The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. The proposed amendments are digitally available for review online or may be obtained digitally by emailing p'. _ui{) Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters and proposed amendments to Chapter 36.2, Zoning, and Chapter 31.1, Subdivisions, on July 20, 2020, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Cecelia F. McCoy, CMC, City Clerk Please publish in newspaper on Tuesday, June 30, 2020, and Tuesday, July 7, 2020. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/853 -1730 Please send affidavit of publication to: Cecelia F. McCoy, CMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 CECELIA F. NICCOV, CHIC Cite Clerk Richard C. White, P.E. 141016 th Street, S. E. Roanoke, Virginia 24014 Dear Mr. White: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: elerk(droanokexa.go� July 7, 2020 CECELIA T. NVEBB, CHIC Depot %, Cite Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, July 13 at 1:30 p.m. in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Glade Creek Development, LLC, to rezone and repeal the single condition proffered as part of a previous rezoning adopted through the enactment of Ordinance 40007 - 072114 for numerous properties from Mixed Use Planned Unit Development, to Residential Single - Family District. (See copy of the Public Hearing Notice attached.) This public hearing will be conducted by electronic communication means due to the COVID -19 pandemic disaster, as permitted by Virginia Code Sections 2.2- 3708.2(A) and 15.2 -1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41703- 032720, and Resolution No. 41704 - 032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, July 20 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on Monday, July 13. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure CECELIA F. NICCOY, CDIC City Clerk Ladies and Gentlemen: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(a roanokeva.gov July 7, 2020 CECELI A T. DVEBB, CDIC Deputy Cit% Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, July 13 at 1:30 p.m. in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Glade Creek Development, LLC, to rezone and repeal the single condition proffered as part of a previous rezoning adopted through the enactment of Ordinance 40007 - 072114 for numerous properties from Mixed Use Planned Unit Development, to Residential Single - Family District. (See copy of the Public Hearing Notice attached.) This public hearing will be conducted by electronic communication means due to the COVID -19 pandemic disaster, as permitted by Virginia Code Sections 2.2- 3708.2(A) and 15.2 -1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41703- 032720, and Resolution No. 41704 - 032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, July 20 at 7:00 p.m. before the Roanoke City Council, conducted by electronic communication means, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on July 13. This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure Adjoining Property Owner /Interested Party July 7, 2020 Page 2 c: Mountain Brook Builders, Inc. Mountain Brook Estates Homeowners Association Danny J. Gregory Meghan E. Kamrada Michael R. Mowbray Reginald L. Conner James R. Myers David K. Bell Francis X. Gulli, Jr. Longwood Homes, LLC Deborah R. Ashby Bryan K. Ingraham and Amy S. Fogg Kenneth H. Thomas, Jr. and Kathy V. Kemp Vinton Congregation of Jehovah's Witnesses Roger L. Flippen and Delphia M. Ryan Marianne C. Nester Ricky D. and Marsha W. Carver Bulwark Industries, LLC Jack Rothrock Lynn K. and Mark C. McVicker Jeanette Simmons Wilbur L. Tucker, Jr. and Ruth F. Tucker Augustus Leon Freeman, Sr. William E. Long, Jr. and Alma G. Nicholas -Long Margaret Macher Tim Patton Glade Creek Development, LLC Norfolk Southern Railroad Submittal Number. loriginal Application Rezoning, Conditional ❑ Rezoning to Planned Unit Development [] Establishment of Comprehensive Sign Oveday District Address: 1 583 Savannah Drive, NE C] Amendment of Proffered Conditions Glick He Amendment of Planned Unit Development Plan Amendment of Comprehensive Sign Overlay District Official Tax No(s).: 7060113, 7060163 thru 7060261 n Without Conditions Existing ®W Conditions Zoning: MXPUD, Mixed Use Planned Unit Developme ment Planned Unit Develop Without Conditions Requested ❑ witil Conditions Zoning: R-5, Residential Single- Family E) planned Unit Development Name: Address: Name: Address: Creek Development, LLC 1 Stephen C. Rossi Street, SE, Roanoke, Va 24014 Name: I Richard C. White, PE 141416th Street, SE, Rja oke, Va 24014 Ordinance No(s). (if 40007 -072114 appfic b ): Proposed Land Use: Residential Phone Number E:+ (540) Sag -s51 i E -rnaj: I srossi @scr0ssi.c0m Phone Number. -- ---- -� E -mail: Phone Number. +1 {540) 353 -8746 E -mail; Irwhitegibscrossi.com ` I Zoning Amendment Application Checklist The following must be submitted for all applt�fiohs: Ix Completed application form and checklist. rX Written narrative explaining the reason for the request. lx Metes and bounds description, if applicable. .< Filing fee. For a nl i9 ffot otl t Co -. . ,., be submitted. O'Z ncept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures. For a`condit oval re oning the following,mushalso be subQfted Written proffers. See the City's Guide to Proffered Conditions, Concept plan meeting the Application Requirements of Item '2(c)' in Zoning Amendment Procedures. Please label as 'development plan' if proffered, .For a ptartned unit development, the faiiow�ng $9 ' d_ x Development plan meeting the requirements of Section 36.2 -326 of ttrr� City's Zoning Ordinance. for a cornprehensrve sign overlay, ` � � ' { ��:Itt� .. 9 g e plan meeting the requirements of Sertwn 36.2- 336(d)(2) of the City's Zoning Ordinance. � Comprehensive si na Of For an ;Amended development � !brtrt#f: if applicable. pment or concept plan meeting the Application Requirements of item'2(c)' in Zoning Amendment Procedures, Written proffers to be amended. See the City's Guide to Proffered Conditions, Copy of previously adopted Ordinance. For a planned tun is de , li► t be slltted, i~ Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. Copy of previously adopted Ordinance. For a ""pi"en*$~ it oveila li. nnmerrt, ih� f�t�rnrrg fiusl also tie su6�t(ec1, Amended comprehensive signage plan meeting the requirements of Section 36.2- 336(d) of the City's Zoning Ordinance. f._. Copy of previously adopted Ordinance. .For a proposal that requires a traffic impact stu dy t pbmitted to the City, the , . , rite Masi ah be gubmitt�ed 2 r— Traffic impact Study in compliance with Appendix 8-2(e) - _- pPe oftheCity's;Zaningprd +Hance. Foy a proposal that requires a trafficrc suomitted;to - V 99TligNlowing must also,he suta . ,u. F- Cover sheet. F- Traffic impact analysis. Concept plan. F- Proffered conditions, if applicable. i... Required fee. *An electronic copy of this application and checklist can be found at www. roanokova .gov /planningcOmmisslon. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. Glade Creek Development, LLC Mountain Brook Villas 2491 Wolfrun Vinton, VA 24179 May 22, 2020 City of Roanoke Planning Department Noel C. Taylor Municipal Building 215 Church Avenue Roanoke, VA 24011 Re: Mountain Brook Villas See attached for Tax Map Numbers Zoning Amendment The request o ment, rezone LLC- wners of the of th7060163 Pro 6perty.Owners want o made by Glade zoning of the Creek Development, Property from MXPUD to R -5. The combined Properties are approximately 49.707 -acre located in Northeast Roanoke, just East of Belle Ave., at the intersection of Mountain Brook Dr. & Savannah Dr. Glade Creek is located along the south side of the property. Currently the existing property is an open field with no structures located on it. On November 17, 2008, City Council adopted Ordinance No. 38287 - 111708 rezoning the tracts of land to MXPUD, with conditions. In July 2014, City Council adopted Ordinance No. 40007 - 072114. The Property was conditionally zoned MXPUD that states "The Project Mountain Brook Villas will be developed in substantial conformance with the `Planning and Design Documents for Mountain Brook Villas' dated June 5, 2014". The MXPUD Development Plan, dated June 5, 2014, proposes a 97 lot subdivision. Glade Creek Development, LLC is seeking a Zoning Amendment to change the Property from MXPUD to R -5. The R -5 Zoning would allow for the New Roadway to be accepted into the City of Roanoke street system. During the time that planning, and design has occurred, the housing market has changed. Homeowners no longer desire Homeowners Associations, HOA. The R-5 Zoning would provide flexibility for changing conditions in the Residential market. The Zoning Amendment Application would reduce the first stage of development from 97 lots to approximately 88 lots. Mountain Brook Villas Recorded Plat Instrument #170009905 Existing Zoning: IVJ UD Proposed Zoning: R -5 Tax # 7060163 Address # 402 Savannah Drive, NE Lot # 1 Tax # —TO— # Lot # 7060164 406 Savannah Drive, NE 2 7060203 579 Savannah Dri ve, NE 41 7060165 410 Savannah Drive, NE 7060204 575 Savannah Drive, NE 42 7060166 414 Savannah Drive, NE 4 7060205 571 Savannah Drive, NE 43 7060167 418 Savannah Drive, NE 5 7060206 567 Savannah Drive, NE 44 7060168 422 Savannah Drive, NE 6 7060207 563 Savannah Drive, NE 45 7060169 426 Savannah Drive, NE 7 7060208 559 Savannah Drive, NE 46 7060170 430 Savannah Drive, NE g 7060209 555 Savannah Drive, NE 47 7060171 434 Savannah Drive, NE 9 7060210 551 Savannah Drive, NE 48 7060172 438 Savannah Drive, NE 10 7060211 547 Savannah Drive, NE 49 7060173 442 Savannah Drive, NE 11 7060212 543 Savannah Drive, NE 50 7060174 446 Savannah Drive, NE 12 7060213 539 Savannah Drive, NE 51 7060175 450 Savannah Drive, NE 13 7060214 535 Savannah Drive, NE g2 7060176 454 Savannah Drive, NE 14 7060215 7060216 531 Savannah Drive, NE 53 7060177 458 Savannah Drive, NE I S 060217 527 Savannah Drive, NE 54 7060178 462 Savannah vannah Drive, NE 16 7060218 523 Savannah Drive, NE 55 7060179 7060180 466 Savannah Drive, NE 17 7060219 519 Savannah Drive, NE 515 Savannah Drive, NE 56 7060181 470 Savannah Drive NE 474 Savannah Drive, NE 18 7060220 511 Savannah Drive, NE 57 58 7060182 478 Savannah Drive, NE 19 20 7060221 507 Savannah Drive, NE 59 7060183 502 Savannah Drive, NE 2I 7060222 503 Savannah Drive, NE 60 7060184 506 Savannah Drive, NE 22 7060223 483 Savannah Drive, NE 61 7060185 510 Savannah Drive, NE 23 7060224 7060225 479 Savannah Drive, NE 62 7060186 7060187 514 Savannah Drive, NE 24 7060226 475 Savannah Drive, NE 471 Savannah Drive, NE 63 7060188 518 Savannah Drive, NE 522 Savannah Drive, NE 25 7060227 467 Savannah Drive, NE 64 65 7060189 526 Savannah Drive, NE 26 27 7060228 7060229 463 Savannah Drive, NE 66 7060190 7060191 530 Savannah Drive NE 28 7060230 459 Savannah Drive, NE 455 Savannah Drive, NE 67 7060192 534 Savannah Drive, NE 538 Savannah Drive, NE 29 7060231 451 Savannah Drive, NE 68 69 7060193 542 Savannah Drive, NE 30 31 7060232 7060233 447 Savannah Drive, NE 70 7060194 7060195 546 Savannah Drive, NE 32 7060234 443 Savannah Drive, NE 439 Savannah Drive, NE 71 7060196 550 Savannah Drive, NE 554 Savannah Drive, NE 33 7060235 435 Savannah Drive, NE 73 7060197 558 Savannah Drive, NE 34 35 7060236 431 Savannah Drive, NE 74 7060198 562 Savannah Drive, NE 36 7060113 7060260 125 Brenda Way, NE 7060199 7060200 566 Savannah Drive, NE 37 7060261 583 Savannah Drive, NE 487 Savannah Drive, NE 570 Savannah Drive, NE 38 7060201 574 Savannah Drive, NE 39 7060202 578 Savannah Drive, NE 40 Mountain Brook Villas Recorded Plat Instrument #170009905 Existing Zoning: MXPUD Proposed Zoning: R -5 •r.- It I,ot # Tax # Address # Lot # 7060237 203 Georgia Court, NE 75 7060249 242 Georgia Court, NE 87 7060238 207 Georgia Court, NE 76 7060250 238 Georgia Court, NE 88 7060239 211 Georgia Court, NE 77 7060251 234 Georgia Court, NE 89 7060240 215 Georgia Court, NE 78 7060252 230 Georgia Court, NE 90 7060241 219 Georgia Court, NE 79 7060253 226 Georgia Court, NE 91 7060242 223 Georgia Court, NE 80 7060254 222 Georgia Court, NE 92 7060243 227 Georgia Court, NE 81 7060255 218 Georgia Court, NE 93 7060244 231 Georgia Court, NE 82 7060256 214 Georgia Court, NE 94 7060245 235 Georgia Court, NE 83 7060257 210 Georgia Court, NE 95 7060246 239 Georgia Court, NE 84 7060258 206 Georgia Court, NE 96 7060247 243 Georgia Court, NE 85 7060259 202 Georgia Court, NE 97 7060248 246 Georgia Court, NE 86 LEGAL DESCRIPTION BEGINNING AT A POINT (POB #1) at the Northwest corner or property belonging to Glade Creek Development, LLC, also known as Tract 3A -1C and on the Right of Way line for Mountain Brook Drive, NE and Private Right of Way line for Savannah Drive, NE. (Instrument Number 170009905) Thence along said Private Right Of Way N79 °13'21" E, 30.40' to corner #2; Thence along said Private Right Of Way N4505211911 E, 69.53' to corner #3; Thence leaving said Private Right Of Way of Savannah Drive, N44 °07'41" W, 163.72' to corner #4; Thence N41033'06" E, 260.17' to corner #5; Thence N41 °27'38" E, 786.24' to corner #6; Thence N41 °39'11" E, 972.77' to comer #7; Thence S43 °18'38" E, 1126.87' to corner #8; Thence S43 °25'57" W, 1320.83' to corner #9; Thence N22'33'56" W, 225.39' to corner #10; Thence S03 °00'03" E, 47.40' to comer #11; Thence 527'53'57" W, 106.00' to corner #12; Thence S59 °00'57" W, 56.00' to comer #13; Thence S13 °52'03" E, 75.00' to corner #14; Thence S39 °33'03" E, 62.00' to corner #15; Thence S15 °32'03" E, 39.16' to corner #16; Thence S43 °25'57" W, 513.04' to corner #17; Thence N44 °07'41" W, 547.50' to comer #18; Thence N45'52'1 9" E, 30.00' to corner #19; Thence N44 °07'41" W, 266.99' to comer #20; Thence S45 °52'19" W, 104.14' to comer #21, South Right of Way Line for Mountain Brook Drive, NE; Thence along Right of Way a Curve with Radius 325.00', Arc Length 21.41', Delta Angle 3'46'31" Chord Length 21.41', Chord Bearing S53 °1 9'12 "W to corner #22; Thence along Right Of Way N55 °12'27 "W, 61.85' to corner #23; Thence along Right of Way a Curve with Radius 73.74', Arc Length 17.79', Delta Angle 13 °49'31 ", Chord Length 17.75', Chord Bearing N62'07'1 9"W to the POINT OF BEGINNING (POB #1) containing 49.7073 acres. CECELIA F. 11CCON', CHIC Cite Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(a roanokeva.gov July 21, 2020 Ben Crew, L.A. Balzer & Associates, Inc. 1208 Corporate Circle, S. W. Roanoke, Virginia 24014 Dear Mr. Crew: CECELI'k T. «EBB, CHIC Deput. Cite Clerk I am enclosing copy of Ordinance No. 41814 - 072020 rezoning certain property located at 2006 Peters Creek Road, N. W., from CG, Commercial - General District, to CLS, Commercial -Large Site District, with conditions; rezoning certain properties located at 4425 Northwood Drive, N. W., and 4431 Northwood Drive, N. W., from CG, Commercial - General District, with conditions; to CLS, Commercial -Large Site District, with conditions; rezoning a portion of certain property located at 2032 Peters Creek Road, N. W., from R -7, Residential Single - Family District, and CG, Commercial - General District, with conditions, to CLS, Commercial -Large Site District, with conditions; repealing Ordinance Nos. 28339, adopted September 25, 1986, and 35253 - 040201, adopted April 2, 2001, to the extent that they placed certain conditions on the subject properties. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2020, and is in full force and effect upon its passage. Sincerely, L4Zdd� Cecelia F. McCoy, CMC City Clerk Enclosure PC: Gary Duncan, Northbridge Properties, LLC, 2050 Roanoke Street, Christiansburg, Virginia 24073 Cecile K. Lambe, 2031 Meadowbrook Drive, N. W., Roanoke, Virginia 24019 Payam Abrarahad, 2025 Meadowbrook Road, N. W., Roanoke, Virginia 24017 Joan Mitchell Yates, 2017 Meadowbrook Road, N. W., Roanoke, Virginia 24017 Pamela J. Davidson, 2011 Meadowbrook Road, N. W., Roanoke, Virginia 24017 Lindsey Kaye Jones, 1330 Haymakertown Road, Troutville, Virginia 24175 Darryl and Donna J. Hurd, 4517 Northwood Drive, N. W., Roanoke, Virginia 24017 Earl G. and Eloise K. Gudeman, 4509 Northwood Drive, N. W., Roanoke, Virginia 24017 Ben Crew July 21, 2020 Page 2 Raquel T. Ekarius, 4503 Northwood Drive, N. W., Roanoke, Virginia 24017 G A D Management, 2050 Roanoke Street, Christriansburg, Virginia 24073 Shiffer Properties, LLC, 1925 Peters Creek Road, N. W., Roanoke, Virginia 24017 Anhthu T. Nguyen, 4650 Pennsylvania Avenue, N. E., Roanoke, Virginia 24012 Marie L. Ferguson, 4512 Northwood Drive, N. W., Roanoke, Virginia 24017 Grandin Holdings 2 LLC, 422 Campbell Avenue, S. W., Roanoke, Virginia 24016 James R. and Gloria J. Stultz, 4428 Northwood Drive, N. W., Roanoke, Virginia 24017 G A D Management, 2050 Roanoke Street, Christriansburg, Virginia 24073 Western Virginia Emergency Medical, 1944 Peters Creek Road, N. W., Roanoke, Virginia 24017 Steven T. Yulle, 2123 Meadowbrook Road, N. W., Roanoke, Virginia 24017 Joseph M. Tilley, 2117 Meadowbrook Road, N. W., Roanoke, Virginia 24017 Betty P. Harvey, 2111 Meadowbrook Road, N. W., Roanoke, Virginia 24017 James J. and Eva J. Perkins, 2105 Meadowbrook Road, N. W., Roanoke, Virginia 24017 Reyna Arriola Alvarez, 2053 Meadowbrook Road, N. W., Roanoke, Virginia 24017 Kimberly and Andrew Shroades, 2047 Meadowbrook Road N. W., Roanoke, Virginia 24017 Elizabeth Maria Bates, 2041 Meadowbrook Road N. W., Roanoke, Virginia 24017 Jeanette B. Lowe, 2035 Meadowbrook Road, N. W., Roanoke, Virginia 24017 Westminister Presbyterian Church, 2216 Peters Creek Road, N. W., Roanoke, Virginia 24017 Gabriel Leonardo Moran, Jr., 2025 Peters Creek Road, N. W., Roanoke, Virginia 24017 Trustees of Maple Camp #66 Woodman of The World, P. O. Box 6040, Roanoke, Virginia 24017 Planned Parenthood South Atlantic, 100 S. Boylan Avenue, Raleigh, North Carolina 27603 Better Than Life, Inc., 6226 University Park Drive, Suite 2314, Radford, Virginia 24141 The Honorable Brenda Hamilton, Circuit Court Clerk Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager for Community Development Christopher Chittum, Director, Planning Building & Development Ian D. Shaw, Zoning Administrator Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Susan Lower, Director of Real Estate Evaluation Luke Pugh, City Engineer Tina Carr, Secretary, City Planning Commission Katharine Gray, City Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2020. No. 41814- 072020. AN ORDINANCE rezoning certain property located at 2006 Peters Creek Road, NW, from CG, Commercial - General District, to CLS, Commercial -Large Site District, with conditions; rezoning certain properties located at 4425 Northwood Drive, NW, and 4431 Northwood Drive, NW, from CG, Commercial- General District, with conditions; to CLS, Commercial -Large Site District, with conditions; rezoning a portion of certain property located at 2032 Peters Creek Road, NW, from R -7, Residential Single - Family District, and CG, Commercial - General District, with conditions, to CLS, Commercial - Large Site District, with conditions; repealing Ordinance Nos. 28339, adopted September 25, 1986, and 35253- 040201, adopted April 2, 2001, to the extent that they placed certain conditions on the subject properties; and dispensing with the second reading of this ordinance by title. WHEREAS, Gary Duncan, on behalf of Northbridge Properties, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have properties located at 2006 Peters Creek Road, NW, 4425 Northwood Drive, NW, 4431 Northwood Drive, NW, and a portion of 2032 Peters Creek Road, NW, bearing Official Tax Map Nos. 6140612, 6140610, 6140609, and 6141403, respectively, rezoned from CG, Commercial - General District, to CLS, Commercial -Large Site District, with conditions, from CG, Commercial - General District, with conditions; to CLS, Commercial -Large Site District, with conditions, and from R -7, Residential Single - Family District, and CG, Commercial- General District, with conditions, to CLS, Commercial -Large Site District, with conditions, respectively; and to repeal Ordinance Nos. 28339, adopted September 25, 1986, and 35253- 040201, adopted April 2, 2001, to the extent that they placed certain conditions on the subject properties, bearing Official Tax Map Nos. 6140612, 6140610, 6140609, and 6141403; 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, 2020, 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 Ordinance Nos. 28339, adopted September 25, 1986, and 35253- 040201, adopted April 2, 2001, to the extent they placed certain conditions on the subject properties, be repealed, and that the hereinafter described property should be rezoned as herein provided, as set forth in the Zoning Amendment, Amended Application No. 1, dated June 17, 2020. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 2 I . Ordinance Nos. 28339, adopted September 25, 1986, and 35253- 040201, adopted April 2, 2001, to the extent that they placed certain conditions on properties located at 2006 Peters Creek Road, NW, 4425 Northwood Drive, NW, 4431 Northwood Drive, NW, and a portion of 2032 Peters Creek Road, NW, bearing Official Tax Map Nos. 6140612, 6140610, 6140609, and 6141403, respectively, are hereby REPEALED, and 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 reflect such action. 2. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map Nos. 6140612, 6140610, 6140609, and 6141403, located at 2006 Peters Creek Road, NW, 4425 Northwood Drive, NW, 4431 Northwood Drive, NW, and a portion of 2032 Peters Creek Road, NW., respectively, be, and are hereby rezoned from CG, Commercial- General District, to CLS, Commercial -Large Site District, with conditions, from CG, Commercial - General District, with conditions; to CLS, Commercial -Large Site District, with conditions, and from R -7, Residential Single - Family District, and CG, Commercial - General District, with conditions, to CLS, Commercial -Large Site District, with conditions, respectively, as set forth in the Zoning Amendment, Amended Application No. 1, dated June 17, 2020. 3 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: e.,e ti.�• �i1e� City Clerk. Rezone and repeal proffers - duncan auto 7.20.20.doc 4 �o� o CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: .July 20, 2020 Subject: Application by Northbridge Properties, LLC, to rezone and repeal all conditions proffered as part of previous rezonings for property located at 2032 Peters Creek Road NW (portion), 2006 Peters Creek Road NW, 4425 Northwood Drive NW, and 4431 Northwood Drive NW, bearing Official Tax Map Nos. 6141403, 6140612, 6140610, and 6140609, respectively, from CG, Commercial - General District, with conditions; R -7, Residential Single - Family District; and CG, Commercial - General District, to CLS, Commercial -Large Site District, with conditions. All conditions previously adopted through enactment of Ordinance #28339 are proposed for repeal on a portion of property located at 2032 Peters Creek Road NW, bearing Official Tax Map No. 6141403. All conditions previously adopted through enactment of Ordinance #35253- 040201 are proposed for repeal on property located at 4431 Northwood Drive NW and 4425 Northwood Drive NW, bearing Official Tax Map Nos. 6140609 and 6140610, respectively. Summary: The Planning Commission held a public hearing on July 13, 2020. By a vote of 7 -0, the Commission recommends approval of the rezoning request, finding that the Amended Application No.] is consistent with the City's Comprehensive Plan, Peters Creek North Neighborhood Plan, and Zoning Ordinance as the subject property will be developed and used in a manner appropriate to the surrounding area. Application Information: Request: Rezoning Amendment of Proffered Conditions Applicant: See owner listed below Owner: Gary Duncan, Northbridge Properties, LLC Agent: Ben Crew, Balzer & Associates, Inc. City Staff Person: Katharine Gray, Land Use and Urban Design Planner Address: 2032 Peters Creek Road NW (portion), 2006 Peters Creek Road NW, 4425 Northwood Drive NW, and 4431 Northwood Drive NW Official Tax No: 6141403, 6140612, 6140610, and 6140609 Site Area: +/ -5.4 acres Relevant Plans: Peters Creek North Neighborhood Plan Proposed Land Use: Motor Vehicle Sales and Service Establishment, New Motor Vehicle Sales and Service Establishment, Used Motor Vehicle Repair or Service Establishment Future Land Use: Commercial Filing Date: Original Application: May 26, 2020 Amended Application No. 1 : June 19, 2020 Background: The owner desires to add an additional dealership building to the commercial property, however, physical storm drainage easements and parcel boundaries do not permit development in accordance with the dimensional standards of the CG, Commercial - General District. The owner has proposed to repeal existing proffered conditions and rezone to CLS, Commercial -Large Site District, with conditions that proffer a development plan and landscaping for the property. Proposed Use /Development: As the property is a commercial property surrounded on two sides by residential development, the owner has offered certainty in how the property will be developed in an appropriate manner by proffering that development will be built in conformance with a development and landscape plan. Based on the proffered development plan, the existing dealership /service buildings will remain as they are today with two new buildings, a dealership building and separate service building that will serve each of the three dealerships, being added to the rear of the property. Development regulations for any redevelopment /development of the property are noted on the development plan and include: a sidewalk and motor vehicle sales /service landscaping strip in front of the existing dealerships along Peters Creek Road, a sidewalk and planting strip with street trees along Northwood Drive, a mixture of large deciduous trees, evergreen trees and solid fencing in a buffer strip along the residential properties to the south and west of the developed area, and a limited number of uses. The uses to be allowed by right and by special exception are listed on the development plan. As portions of the property are located in existing floodplains and floodways, any development, such as the F retaining wall and fill, will be subject to floodplain review during the comprehensive development plan process. Proffers Requested to be Repealed: The property is made up of multiple parcels with multiple proffered conditions on particular portions of the parcels accepted over time. The owner is proposing to repeal all of the existing proffered conditions and to proffer one overarching condition for a development plan and landscaping plan that will regulate the development over each of the parcels that make up the property. This will make understanding and enforcement of the proffered conditions easier over time. The owner is requesting to repeal the proffered conditions enacted by Ordinance No. 28339 be repealed as they pertain to Official Tax Number 6141403: 1 . The property will be used as an automotive dealership with the associated sales of used vehicles and the leasing of new and used vehicles. 2. The landscape design and location will be in substantial compliance with the attached site plan. (The type of plant material is not a condition) 3. Construction of the building to house new automobile sales will begin with two (2) years of the date of final zoning approval and in the event construction is not begun within two (2) years, the zoning will revert to the existing zoning. The owner is also requesting to repeal the proffered conditions enacted by Ordinance No. 35253 - 040201 be repealed as they pertain to Official Tax Numbers 6140610, 6140609, and a portion of 6141403: 1 . The rezoned portion of the Properties will be used as an automobile dealership with the associated sales and leasing of new and used vehicles. 2. The development of the Properties will be in substantial conformity with a site plan prepared by Kinsey Shane & Associates, dated February 1, 2001, a copy of which is attached as Exhibit D, subject to changes required by the City of Roanoke during development plan review. 3. The exterior of the building to be constructed on the rezoned portion of the Properties, as shown on the Plan, shall be substantially similar in appearance to the elevation rendering, a copy of which is attached as Exhibit E. 4. Petitioner will provide and maintain in the development of the Properties a landscaped buffer as shown on the Plan, subject to changes required by 3 the City during development plan review. Petitioner agrees to supplement the existing evergreen buffer by planting staggered, parallel rows of similar evergreen trees, which shall be at least six feet in height at the time of planting and located twelve feet apart on center. All plantings shall be properly maintained and replaced, as necessary. Proffered Condition Offered: The owner is offering to proffer the following condition as it applies to the existing tax parcels identified as Official Tax Numbers 6140609, 6140610, 6140612, and a portion of 6141403: The property will be developed in substantial conformance with the development plan and landscape exhibit plan prepared by Balzer and Associates, Inc. entitled "Duncan BMW Expansion" dated .June 17, 2020, subject to any changes that may be required by the City of Roanoke during comprehensive development plan review. Considerations: Compatibility with Surrounding Land Uses: The property is located along the primarily commercial section of Peters Creek Road NW. The surrounding properties consist of a variety of commercial, institutional, and residential land uses: • To the north is a place of worship within an INPUD District. • To the east are single family detached dwellings and the Harley Davidson dealership in CG, Commercial General District, with conditions, and R -7, Residential Single - Family District. • To the south are the Western Virginia Emergency Medical Services Council in CN, Commercial Neighborhood District, and single family detached dwellings in R -7, Residential Single - Family District, located in close proximity to the proposed commercial buildings. • To the west are detached single family dwellings in R -7, Residential Single - Family District, located in close proximity to the proposed commercial buildings. The future land use plan from the Peters Creek North Neighborhood Plan designates this area for commercial use. Applicability /Appropriateness of Proposed Zoning District: The purpose of the CLS District is to accommodate multiple buildings and uses that are large in scale and generally characterized by multiple tenants or uses on a single zoning lot which share common parking, curb cuts, driveways, and access to and from streets. These uses and areas are heavily dependent on the motor vehicle and tend to result in large parking areas and outdoor display of rd merchandise. CLS District uses include large motor vehicle sales and service establishments and community and regional shopping centers. The district standards provide for landscaped buffers to minimize the impact of CLS uses on surrounding areas. The CLS District, with conditions, is appropriate for the redevelopment of this multiple dealership and service property with physical storm drainage easement constraints that prohibit the development as required within the CG District. Availability of Other Property: The owner owns the property on the commercial corridor and it is already developed as a multiple car dealership destination. The primary motive for the rezoning is to enable the addition of a third dealership and service center within the same property. Consistency with Comprehensive Plan: Both Vision 2001 -2020 and the Peters Creek North Neighborhood Plan recognize that it is important that the existing commercial businesses that are part of the city's urban fabric in appropriate locations be able to redevelop in an appropriate manner over the long term. Policy /Action ED P6 Commercial development. Roanoke will encourage commercial development in appropriate areas (i.e., key intersections and centers) of Roanoke to serve the needs of citizens and visitors. Concentrate commercial uses in commercial nodes. Encourage redevelopment of vacant and underused commercial property before allowing new commercial zoning. Plan Applicability to matter Comprehensive Plan', pg. 59 Peters Creek North Neighborhood Z, pg. 30. ' Vision 2001 -2020. City of Roanoke. 2001 2 Peters Creek North Neighborhood, City of Roanoke. 2002 This change would allow a concentrated car dealership development in an existing motor vehicle dealership location along Peters Creek Road. Again, this change allows the addition of another dealership in an area of multiple dealerships along Peters Creek Road. This change redevelops existing commercial property. Policy /Action Encourage good relationships between commercial and residential development through thoughtful site and building design, landscaping, and transitional uses. Reduce the impacts of flood damage Comments on Application: Planning Commission Work Session: Plan I Applicability to matter This change allows a piece of commercial property with multiple development constraints to be further developed in a manner that respects the residential properties on multiple sides. This change will be subject to floodplain review through the redevelopment process. Several items were discussed at the Planning Commission work session. The more technical items discussed were: clarification of the area to be rezoned, the proposed grading of the site, and the location of the floodplain on the proposed development plan. Also discussed were the need to expand the dealership in this commercial node and the types of appropriate landscaping, vehicle sales landscape strip, street enhancements, and signage that might make for the best transition from this commercial node to the surrounding residential area. The applicant submitted Amended Application No.l to address most of the concerns noted above. Interdepartmental Comments: General comments were provided from the Western Virginia Water Authority; Fire; Planning Building and Development; and Transportation departments related to: water and sewer design requirements; fire code, building and zoning subdivision requirements; and the permitting process. Public Comments: None received. Public Hearing: One email was received after the staff report was written. It was summarized at the hearing as follows below: A Rob Logan of Western Virginia Emergency Medical Services, located at 1944 Peters Creek Road NW, wrote to express full support of the application. He stated that this new addition will provide a facelift to this section of Peters Creek Road that has a number of substandard buildings. He requested that the properties be combined into one parcel. Conclusions and Recommendations: The principal consideration is whether the proposed rezoning is consistent with Vision 2001 -2020 and the Peters Creek North Neighborhood Plan. The proposed change allows for the redevelopment of a car dealership property to include an additional dealership on the same property. The proposed rezoning to CLS allows for the multiple parcels of this property to be combined into one parcel through the subdivision process and creates a single set of conditions that covers the entire property. This change will allow the addition of a new dealership building in a location not permitted under the current zoning district, keeping the commercial development concentrated in the existing commercial node instead of expanding into other less appropriate locations. The proffered development and landscape plans assure that the development will be respectful of the surrounding area. Tina M. Carr for Aw"=,«;; °'rr' M " ^`O,— DN: cn =Tina M. Carr for I(arci B. Atwood, Karri B. Atwood, °= ih Dke. °°= ^nip °m Chair ='02a'Darc(dro36.32agovt c =DS Date. 3020.0] 15 1036.32 00'00' -------------------------- Karri B. Atwood, Chair City Planning Commission Enclosure: Attachment A, Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Gary Duncan, Northbridge Properties, LLC Ben Crew, Balzer & Associates, LLC 7 ZONING DISTRICT MAP 2032 and 2006 Peters Creek Rd NW & 4425 and 4431 Northwood Dr NW Official Tax Parcels: 6141403, 6140612, 6140610, and 6140609 ®Area tc oe Rezcred Zoning AD: Air pcxt Cev C6: Commerua4C,eneral - CLS: Commercial -Large Site CN: Commercial - Neighborhood - D: Downtown _ F1'. Light Industrial - F2: Heavy Industrial - IN Institutional ® NPUD: Institutional Planned Unit Dev -PUD: Industrial Planned Unit Dev %IX -Mixed use QNIXPUD Hied use Planned Unit Dev R -12 Res Sirgle -Family R -3: Res Sirgle- Family R -5: Res Sirgle- Family R -7 -. Res Single- Family RA: Res - Agricultural RM -1 Res Mixed Dens try RM -2 Res Mixed Ceres ity RMF Res Multifamily - ROS Recreation and Open Speoe - OF Urban. Flex it Conditional Zoning 1 ..e 0 76 150 Feet t� + F 6141008 gt�l 1009 z 3 9� O�,kO O+ CP �O Attachment A L r a CP 0 0 Attachment A L r a 11 Department of Planning, Building and Development Room 170, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Filing Date: tun 17,2020 Submittal Number: Amended Application No.1 ❑ Rezoning, Not Otherwise Listed ❑ x Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Click Here to Print ❑ x Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: IPortion of 2032 Peters Creek Rd NW & 2006 Peters Creek Rd. NW, 4425 & 4431 Northwood Dr. NW Official Tax No(s).: Portion of 6141403 and 6140612, 6140610, 6410609 Existing ❑x Without Conditions Ordinance Zoning: CG (w /cond.) / R -7, CG, CG (w /cond.) ❑X With Conditions No(s). (If 28339 & 35253 -0013 ❑ Planned Unit Development applicable): Requested ❑ Without Conditions Proposed Motor Vehicle sales & service Zoning: CLS ❑ With Conditions Land Use: establishment new & used. ❑ Planned Unit Development Motor Vehicle Repair or Servic Property Owner Information: Name: Northbridge Properties, LLC - c/o Gary Duncan Phone Number; +1 (540) 381 -3200 Address: 2050 Roanoke Street Christiansburg, Virginia 24073 E -mail: garyduncan @duncanauto.n Name: Phone Number: Address: E -mail; Applicant's Signature Authorized Agent Information (i# icablel: Name; Balzer & Associates, Inc. c/o Ben Crew Address: 11208 Corporate Circle Roanoke, VA 24018 Autimmd Phone Number: +1 (540) 772 -9580 E -mail: Bcrew @Balzer.cc Zoning Amendment Application Checklist The followin st ubmitted for al, � ' ations: .. ix Completed application form and checklist. r Written narrative explaining the reason for the request. r Metes and bounds description, if applicable. r Filing fee. F— Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. r Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. Please label as 'development plan' if proffered. 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 City's Zoning Ordinance. __.n.._ .'1fi For an amendment of proffered conditions, the Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, r if applicable. Ix Written proffers to be amended. See the City's Guide to Proffered Conditions. Fx Copy of previously adopted Ordinance. For a planned unit development amendment, the following must also be submitted F— Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. F— Copy of previously adopted Ordinance. F— Amended comprehensive signage plan meeting the requirements of Section 36.2 - 336(4) of the City's Zoning Ordinance. F— Copy of previously adopted Ordinance. r A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. al that requires a traffic impact analysis be submitted to VDOT, the following must also be submitt° F— Cover sheet. F raffic impact analysis. F— Concept plan. • Proffered conditions, if applicable. • Required fee. *An electronic copy of this application and checklist can be found at www. roanokeva .gov /planningcommission. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. PROJECT NARRATIVE: The Duncan Automotive Network is a local automotive dealership with fifteen locations around the region, two of which are located within the City of Roanoke. Duncan recently acquired a BMW dealership and is proposing to incorporate this new dealership into its current Acura/Audi dealership location on Peters Creek Road. The location of the new BMW dealership is critical to the efficient operation of the expanding Duncan business which includes new and used car sales and service. The existing Audi and Acura dealerships will remain on -site. Consolidation of brands at one location provides the opportunity for patrons to browse different inventory while owners maintain continuity and efficiency with their overall business operations. Northbridge Properties, LLC is requesting to allow for the construction of a new automotive dealership and the construction of a new service building to serve all three vehicle brands (Audi, Acura, and BMW) This request is similar to the approved zoning amendment from 2001 with the exception of the two residential houses that have since been removed, the configuration of the proposed dealership building (Proposed Building A) has been modified, and the addition of the service building (Proposed Building B). This request further redevelops existing commercial property which is a priority over rezoning new property into commercial. The existing proffered conditions from 1986 and 2001 will be repealed and a new development plan is being proffered with this development. The proposed development plan along with the proposed proffered condition allows this property to be appropriately developed, and the existing business expanded, along the commercial corridor of Peters Creek Road. The request as outlined below contains multiple parts: 1. The first part of the request is to remove existing proffered conditions for a portion of Tax Parcel 6141403 (Existing Split Zoning Commercial General (CG) and R -7 Residential) Ordinance #28339 2. The second part of the request is to remove existing proffered conditions for Tax Parcels 6140610 and 6140609 (Existing Zoning Commercial General (CG)) Ordinance 35253- 040201 3. Rezone Tax Parcels 6140610, 6410609, 6140612, and a portion of 6141403 to CLS — Commercial Large Site with Conditions The proposed zoning amendment request will modify the current Commercial General (CG) zoning to Commercial Large Site (CLS) to facilitate the construction of the new dealership building and service building, however the Residential R -7 zoning will remain on the western portion of the property along the existing residentially zoned property. The preservation of this R -7 zoned area provides a buffer from the proposed improvements while also bolstering the River and Creek Corridor Overlay District by protecting the existing drainageway located along the western property line. The development plan provided outlines the proposed improvements for the Duncan Campus. The alignment and location of the BMW dealership building is based on many factors that include proximity to adjacent property owners, BMW corporate visibility requirements, and existing infrastructure. Proposed Building B construction would be designed to complement the existing facilities including the modern AUDI building that was just renovated a few years ago. This new facility will also have a sleek modern aesthetic that will be highlighted with large expanses of glass and natural light. The finishes on the exterior will designed to be clean and minimalist so to pull the view inward toward the vehicle showroom. The design will also be functional for Duncan's prospective clients while also adhering to the corporate brand requirements from BMW. The proposed improvements and sensitivity to the neighborhood was an important consideration as the project design was developed. New and Used vehicle sales will continue to be located along Peters Creek Road between the existing Audi building and Woodbridge Avenue. The other parking provided on -site will be client /customer parking, employees, and /or service. The proposed CLS zoning is appropriate for this development as it provides buffering of proposed improvements from Northwoods Drive. A combination of evergreen screening and solid fencing is being proposed around the proposed improvements to limit the visual impacts with adjacent property owners. The site is located within the neighborhood planning district of Peters Creek North and this project exemplifies many of the qualities and attributes expressed within the neighborhood plan for future projects. This project develops underutilized commercial property in an appropriate location and provides an appropriate context and site design. The proposed use as an automobile dealership is compatible with the surrounding commercial area. This project will be developed in accordance with all applicable regulations including, but not limited to, the Roanoke City Zoning Ordinance and Roanoke City Stormwater Management Design Manual. PROFFERS TO BE REPEALED: Ordinance Date: 912511986 The applicant hereby requests that the following proffered conditions enacted by Ordinance No. 28339 be repealed as they pertain to Official Tax Number 6141403: 1. The property will be used as an automotive dealership with the associated sales of used vehicles and the leasing of new and used vehicles. 2. The landscape design and location will be in substantial compliance with the attached site plan. (The type of plant material is not a condition) 3. Construction of the building to house new automobile sales will begin with two (2) years of the date of final zoning approval and in the event construction is not begun within two (2) years, the zoning will revert to the existing zoning. PROFFERS TO BE REPEALED: Ordinance Date: 41212001 The applicant hereby requests that the following proffered conditions enacted by Ordinance No. 35253- 040201 be repealed as they pertain to Official Tax Numbers 6140610, 6140609, and a portion of 6141403: 1. The rezoned portion of the Properties will be used as an automobile dealership with the associated sales and leasing of new and used vehicles. The development of the Properties will be in substantial conformity with a site plan prepared by Kinsey Shane & Associates, dated February 1, 2001, a copy of which is attached as Exhibit D, subject to changes required by the City of Roanoke during development plan review. 3. The exterior of the building to be constructed on the rezoned portion of the Properties, as shown on the Plan, shall be substantially similar in appearance to the elevation rendering, a copy of which is attached as Exhibit E. 4. Petitioner will provide and maintain in the development of the Properties a landscaped buffer as shown on the Plan, subject to changes required by the City during development plan review. Petitioner agrees to supplement the existing evergreen buffer by planting staggered, parallel rows of similar evergreen trees, which shall be at least six feet in height at the time of planting and located twelve feet apart on center. All plantings shall be properly maintained and replaced, as necessary. PROFFERED CONDITION: The applicant hereby agrees to proffer the following condition as it applies to the Existing tax parcels identified as Official Tax Numbers 6140609, 6140610, 6140612, and a portion of 6141403 1. The property will be developed in substantial conformance with the development plan and landscape exhibit plan prepared by Balzer and Associates, Inc. entitled "Duncan BMW Expansion" dated June 17, 2020, subject to any changes that may be required by the City of Roanoke during comprehensive development plan review. ,I - WOODBRIDGE AVENUE n� - I � n \J I{ PROPOSED ..y i k J r�l� • EXIST NG BU LOINO O S•t } i 4 L . � J Jate..' 4 J� 8 I = try -1%u E %STING 1 BUItA NG '� .. rdJ II i �O I • ORTHWOOD DRIVE /�-- •u _ 1 50 R/w I y � i_ U Exhibit B SITE SUMMARY 071 BALZER A890CIATC9 1 s� X��w RB o „E r r WOODBRIDGE AVENUE PRO 99D f Ijj BUILDING EXISTING �m �«�. \Nnara ! .,rnos,n„• a BULLDINO - — �+ = n uxw w �I r v I I ' IT O . — �. 1. j 1REEETrPCI0UDU5 ui 6 Leda 33 ♦ -BU DNG o �G SOLO E } € Q 6 TREERtta 'r C'{ °°!77 {. I 1 ® -m N mwwu 1 4l trw BUILDING Q. d Q EXISTING NTI co — B « ® i - Z Q- < W 0 Q musmNv �f w IPRGE Dr EE"TYI RET..wL � — _ w,Px.,,, OR t WOOD DRIVE ^, / �� /Y 1., lm� r I �I z. sR RUB I P. O �r i s' soEwnLX / - i f -5 8 ccr N eB NrvoS iN Dow D DRIVE SCALE 1 •• = 40• LEGAL DESCRIPTION EXISTING PARCELS: Tax Parcel 6140609 Legal Description Beginning at a point on the North line of Northwood Drive; Thence N 08 degrees 02'00" W a distance of 264.10' to a point; Thence S 88 degrees 17'00" E a distance of 122.07' to a point; Thence S 02 degrees 18'00" W a distance of 254.27' to a point; Thence with a curve turning to the left with an arc length of 75.10', with a radius of 417.45', with a chord bearing of S 87 degrees 06'35" W, with a chord length of 75.00' to a point; which is the point of beginning, having an area of 25298 square feet, 0.581 acre. Tax Parcel 6140610 Legal Description Beginning at a point on the North line of Northwood Drive; Thence N 02 degrees 18'00" E a distance of 284.27' to a point; Thence S 88 degrees 17'00" E a distance of 85.00' to a point; Thence S 02 degrees 18'00" W a distance of 285.14' to a point; Thence N 87 degrees 42'00" W a distance of 85.00' to a point; which is the point of beginning, having an area of 24,199 square feet, 0.556 acre. Tax Parcel 6140612 Legal Description Beginning at a point at the Northwest intersection of Peters Creek Road and Northwood Drive; Thence S 71 degrees 18'50" W a distance of 54.12' to a point; Thence N 87 degrees 42'00" W a distance of 76.30' to a point; Thence N 09 degrees 18'00" E a distance of 150.00' to a point; Thence N 14 degrees 28'00" E a distance of 140.81' to a point; Thence S 88 degrees 17'00" E a distance of 78.65' to a point; Thence with a curve turning to the left with an arc length of 4.54', with a radius of 1996.86', with a chord bearing ofS 02 degrees 18'54" W, with a chord length of 4.54' to a point; Thence S 02 degrees 15'00" W a distance of 263.41' to a point; which is the point of beginning, having an area of 29,933 square feet, 0.687 acres Tax Parcel 6141403 Legal Description Beginning at a point on the west line of Peters Creek Road; Thence N 88 degrees 17'00" W a distance of 78.65' to a point; Thence S 14 degrees 28'00" W a distance of 140.81' to a point; Thence S 09 degrees 18'00" W a distance of 150.00' to a point; Thence N 87 degrees 42'00" W a distance of 89.00' to a point; Thence N 02 degrees 18'00" E a distance of 285.14' to a point; Thence N 88 degrees 17'00" W a distance of 85.00' to a point; Thence S 02 degrees 18'00" W a distance of 30.00' to a point; Thence N 88 degrees 17'00" W a distance of 252.04' to a point; Thence N 18 degrees 22'00" W a distance of 31.94' to a point; Thence N 88 degrees 17'00" W a distance of 289.73' to a point; Thence N 08 degrees 33'00" E a distance of 96.41' to a point; Thence N 01 degrees 52'00" E a distance of 80.06' to a point; Thence N 12 degrees 07'00" E a distance of 87.27' to a point; Thence N 00 degrees 25'00" E a distance of 40.00' to a point; Thence N 00 degrees 16'00" E a distance of 261.48' to a point; Thence N 12 degrees 13'00" W a distance of 89.00' to a point; Thence S 74 degrees 53'00" E a distance of 220.57' to a point; Thence S 01 degrees 43'00" W a distance of 448.55' to a point; Thence S 88 degrees 17'00" E a distance of 620.84' to a point; Thence with a curve turning to the right with an arc length of 41.16', with a radius of 25.04', with a chord bearing of S 41 degrees 11'35" E, with a chord length of 36.68' to a point; Thence with a reverse curve turning to the left with an arc length of 122.99', with a radius of 1996.86', with a chord bearing of S 04 degrees 08'41" W, with a chord length of 122.97' to a point which is the point of beginning, having an area of 256,987 square feet, 5.90 +/- acres 2 LEGAL DESCRIPTION FOR PROPOSED PARCELS: New CLS Zoning Parcel Legal Description Beginning at a point at the Northwest intersection of Peters Creek Road and Northwood Drive; Thence S 71 degrees 18'50" W a distance of 54.09' to a point; Thence N 87 degrees 42'00" W a distance of 76.30' to a point; Thence N 87 degrees 42'00" W a distance of 89.00' to a point; Thence N 87 degrees 42'00" W a distance of 85.00' to a point; Thence with a curve turning to the left with an arc length of 75.10', with a radius of 417.45', with a chord bearing of S 87 degrees 06'35" W, with a chord length of 75.00' to a point; Thence N 08 degrees 02'00" W a distance of 264.10' to a point; Thence N 88 degrees 17'00" W a distance of 129.97' to a point; Thence N 18 degrees 22'00" W a distance of 31.94' to a point; Thence N 88 degrees 17'00" W a distance of 206.68' to a point; Thence N 01 degrees 43'00" E a distance of 161.72' to a point; Thence S 88 degrees 17'00" E a distance of 130.00' to a point; Thence S O1 degrees 43'00" W a distance of 12.00' to a point; Thence S 88 degrees 17'00" E a distance of 620.84' to a point; Thence with a curve turning to the right with an arc length of 41.16', with a radius of 25.04', with a chord bearing of S 41 degrees 11'35" E, with a chord length of 36.68' to a point; Thence with a reverse curve turning to the left with an arc length of 127.53', with a radius of 1996.86', with a chord bearing of S 04 degrees 04'46" W, with a chord length of 127.51' to a point;Thence S 02 degrees 15'00" W a distance of 263.4 P to a point; which is the point of beginning, having an area of 235,673 square feet, 5.410 acres New R -7 Zoning Parcel Legal Description Beginning at a point lying 646'+/- west of the West line of Peters Creek Road; Thence N 88 degrees 17'00" W a distance of 130.00' to a point; Thence S O1 degrees 43'00" W a distance of 161.72' to a point; Thence N 88 degrees 17'00" W a distance of 83.05' to a point; Thence N 08 degrees 33'00" E a distance of 96.4 P to a point; Thence N 01 degrees 52'00" E a distance of 80.06' to a point; Thence N 12 degrees 07'00" E a distance of 87.27' to a point; Thence N 00 degrees 25'00" E a distance of 40.00' to a point; Thence N 00 degrees 16'00" E a distance of 261.48' to a point; Thence N 12 degrees 13'00" W a distance of 89.00' to a point; Thence S 74 degrees 53'00" E a distance of 220.57' to a point; Thence S 01 degrees 43'00" W a distance of 436.55' to a point; which is the point of beginning, having an area of 100,744 square feet, 2.313 acres FORM CI o �_' mmercial- General commercial- Generai Conditional' Ord #28387 '- CG: Commercial - - General ►�'�I��1 � I ! I ! a CG(c): mercial- General -_ Conditional Ord #35219 AM F - 637p302 CG(c):1,., Commercial - General Conditional `. Ord #35030 liorhood CITY OF ROANOKE - PDB Attn Tina Carr 215 CHURCH AVE ROOM 166 ROANOKE, VA 24011 Date 07/16/2020 Category Legal Notices The Roanoke Times Account Number Roanoke, Virginia 6011439 Affidavit of Publication Date i July 23, 2020 Description Ad Size Total Cost PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 662 L 6,107.44 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE An was published in said newspapers on the following dates: 06/30, 07107/2020 The First insertion being given ... 06/30/2020 Newspaper reference: 0001109059 Billing Representative Sworn to and subscribed before me this Thursday, July 23, 2020 Notary Public State of Virginia, City/County of rJ� My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, 4th floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These Public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster, as permitted by Virginia Code Sections 1.2- 37082(A) and 15.2.1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41703. 032720, and Resolution No. 41704. 032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online or may be obtained digitally by emailing p I a nn i ng@ro anokeva.gQv. The City of Roanoke Planning Commission will hold a public hearing on July 13, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters and proposed amendments to Chapter 362, Zoning, and Chapter 31.1, Subdivisions. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by emailing planning;aroanokeva.9ov or by calling (540)853 -1330 by noon, Friday, July t0, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at plannmg,aroanokeva.gov on or prior to 1:00 p.m., Friday, July 10, 2020. All Persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Application by Glade Creek Development, LLC, to rezone and repeal the single condition proffered as part of a previous rezoning adopted through the enactment of Ordinance 40007 - 072114 for the following properties located as indicated below from MXPUD, Mixed Use Planned Unit Development, to R -5, Residential Single- Family District: 402 Savannah Drive NE, bearing Official Tax Map No. 7060163 406 Savannah Drive NE, bearing Official Tax Map No. 7060164 410 Savannah Drive NE, bearing Official Tax Map No. 7060165 414 Savannah Drive NE, bearing Official Tax Map No. 7060166 41B Savannah Drive NE, bearing Official Tax Map No. 7060167 422 Savannah Drive NE, bearing Official Tax Map No. 7060168 426 Savannah Drive NE, bearing Official Tax Map No. 7060169 430 Savannah Drive NE, bearing Official Tax Map No. 7060170 434 Savannah Drive NE, bearing Official Tax Map No. 7060171 438 Savannah Drive NE, bearing Official Tax Map No. 7060172 442 Savannah Drive NE, bearing Official Tax Map No. 7060173 446 Savannah Drive NE, bearing Official Tax Map No. 7060174 450 Savannah Drive NE, bearing Official Tax Map No. 7060175 454 Savannah Drive NE, bearing Official Tax Map No. 7060176 458 Savannah Drive NE, bearing Official Tax Map No. 7060177 462 Savannah Drive NE, bearing Official Tax Map No. 7060178 466 Savannah Drive NE, bearing Official Tax Map No. 7060179 470 Savannah Drive NE, bearing Official Tax Map No. 7060180 474 Savannah Drive NE, bearing Official Tax Map No. 7060181 478 Savannah Drive NE, bearing Official Tax Map No. 7060182 502 Savannah Drive NE, bearing Official Tax Map No. 7060183 506 Savannah Drive NE, bearing Official Tax Map No. 7060184 510 Savannah Drive NE, bearing Official Tax Map No. 7060185 514 Savannah Drive NE, bearing Official Tax Map No. 7060186 518 Savannah Drive NE, bearing Official Tax Map No. 7D60187 522 Savannah Drive NE, bearing Official Tax Map No. 7060188 526 Savannah Drive NE, bearing Official Tax Map No. 7060189 530 Savannah Drive NE, bearing Official Tax Map No. 7060190 534 Savannah Drive NE, bearing Official Tax Map No. 7060191 538 Savannah Drive NE, bearing Official Tax Map No. 7060192 542 Savannah Drive NE, bearing Official Tax Map No. 7060193 546 Savannah Drive NE, bearing Official Tax Map No. 7060194 550 Savannah Drive NE, bearing Official Tax Map No. 7060195 554 Savannah Drive NE, bearing Official Tax Map No. 7060196 558 Savannah Drive NE, bearing Official Tax Map No. 7060197 562 Savannah Drive NE, bearing Official Tax Map No. 7060198 566 Savannah Drive NE, bearing Official Tax Map No. 7060199 570 Savannah Drive NE, bearing Official Tax Map No. 7060200 574 Savannah Drive NE, bearing Official Tax Map No. 7060201 578 Savannah Drive NE, bearing Official Tax Map No. 7060202 579 Savannah Drive NE, bearing Official Tax Map No. 7060203 575 Savannah Drive NE, bearing Official Tax Map No. 7060204 571 Savannah Drive NE, bearing Official Tax Map No. 7060205 567 Savannah Drive NE, bearing Official Tax Map No. 7060206 563 Savannah Drive NE, bearing Official Tax Map No. 7060207 559 Savannah Drive NE, bearing Official Tax Map No. 7060208 555 Savannah Drive NE, bearing Official Tax Map No. 7060209 551 Savannah Drive NE, bearing Official Tax Map No. 7060210 547 Savannah Drive NE, bearing Official Tax Map No. 7060211 543 Savannah Drive NE, bearing Official Tax Map No. 7060212 539 Savannah Drive NE, bearing Official Tax Map No. 7060213 535 Savannah Drive NE, bearing Official Tax Map No. 7060214 531 Savannah Drive NE, bearing Official Tax Map No. 7060215 527 Savannah r)r1%'t4 NE, bearing Official Tax Map No. 7060216 523 Savannah Drive NE, bearing Official Tax Map No. 7060217 519 Savannah Drive NE, bearing Official Tax Map No. 7060218 515 Savannah Drive NE, bearing Official Tax Map No. 7060219 511 Savannah Drive NE, bearing Official Tax Map No. 7060220 507 Savannah Drive NE, bearing Official Tax Map No. 7060121 503 Savannah Drive NE, bearing Official Tax Map No. 7060212 483 Savannah Drive NE, bearing Official Tax Map No. 7060223 479 Savannah Drive NE, bearing Official Tax Map No. 7060224 475 Savannah Drive NE, bearing Official Tax Map No, 7G60225 471 Savannah Drive NE, bearing Official Tax Map No. 7060226 467 Savannah Drive NE, bearing Official Tax Map No. 7060227 463 Savannah Drive NE, bearing Official Tax Map No. 7060228 459 Savannah Drive NE, bearing Official Tax Map No. 7060229 455 Savannah Drive NE, bearing Official Tax Map No. 7060230 451 Savannah Drive NE, bearing Official Tax Map No. 7060231 447 Savannah Drive NE, bearing Official Tax Map No. 7060232 443 Savannah Drive NE, bearing Official Tax Map No. 7060233 439 Savannah Drive NE, bearing Official Tax Map No. 7060234 435 Savannah Drive NE, bearing Official Tax Map No. 7060135 431 Savannah Drive NE, bearing Official Tax Map No. 7060236 125 Brenda Way NE, bearing Official Tax Map No. 7060113 583 Savannah Drive NE, bearing Official Tax Map No. 7060260 487 Savannah Drive NE, bearing Official Tax Map No. 7060261 203 Georgia Court NE, bearing Official Tax Map No. 7060237 207 Georgia Court NE, bearing Official Tax Map No. 7060238 211 Georgia Court NE, bearing Official Tax Map No. 7060239 215 Georgia Court NE, bearing Official Tax Map No. 7060240 219 Georgia Court NE, bearing Official Tax Map No. 7060241 223 Georgia Court NE, bearing Official Tax Map No. 7060242 r 227 Georgia Court NE, bearing Official Tax Map No. 7060243 231 Georgia Court NE, bearing Official i Tax Map No. 7060244 t 235 Georgia Court NE, bearing Official a Tax Map No. 7060245 239 Gerrgia Court NE, bearing Official Tax Map No. 7060246 243 Georgia Court NE, bearing Official Tax Map No. 7060247 246 Georgia Court NE, bearing Official Tax Map No. 7060248 242 Georgia Court NE, bearing Official Tax Map No. 7060249 238 Georgia Court NE, bearing Official Tax Map No. 7060250 234 Georgia Court NE, bearing Official Tax Map No. 7060251 230 Georgia Court NE, bearing Official Tax Map No. 7060252 226 G-vola Court NE, bearing Official Tax Map Ng. 7060253 222 Georgia Court NE, bearing Official Tax Map No. 7060254 218 Georgia Court NE, bearing Official Tax Map No. 7060255 214 Georgia Court NE, bearing Official Tax Map No. 7060256 210 Georgia Court NE, bearing Official Tax Map No. 7060257 206 Georgia Court NE, bearing Official Tax Map No. 7060258 201 Georgia Court NE, bearing Official Tax Map No. 7060259 The land use categories permitted in R 5 District include residential: accommodations and group living: commercial; utility uses and structures; animal and agrculturai rises; and accessory; with a maximum density of one dwelling unit per 5,000 square aimume floor area ratio specified. The Comprehensive Plan designates the property for single family, medium density. The proposed use of the properties remain detached single. family dwellings. Application by Northbridge Properties, LLC, to rezone and repeal all conditions Previously proffered as part of previous rezonings for property located at 1006 Peters Creek Road NW, 4425 Northwood Drive NW 4431 Northwood Drive NW, and a portion of 2032 Peters Creek Road NW, bearing Official Tao Map Nos, 6140612, 6140610, 6140609, and 6141403, respectively, from CG, Commercial- General District; R -i, CG. Commesci Single-Family ral District with conditions, to CLS, Commercial -Large Site District, with conditions. All conditions previously adopted through enactment of Ordinance #28339 are proposed for repeal on a portion of Property located at 20.32 Peter Creek Road Nw, bearing Official Tax Map No. 6141403. All conditions previously adopted through enactment of Ordinance #35253. 040201 are proposed for repeal on property located at 4431 Northwood Drive NW and 4425 Northwood Drive NW, bearing Official Tax Map Nos. 6140609 and 6140610. respectively. The land use categories P in the CLS District include esidential; accommodations and group living; commercial; industrial; assembly and entertainment; public, nstitutional and community facilities; ransportation; utility; agricultural: and ccessory. with no maximum density, The comprehensive plan designates the property for commercial and single family residential uses. The proposed use of the properties remain motor vehicle sales and service establishment, new and used. Application by Grandin Court Baptist Church to rezone property located at 26DO Sweetbrier Avenue SW and 0 Spring Road SW, bearing Official Tax Map Nos. 1561301 and 1561315, respectively, from IN, Institutional District, to R -7, Residential Single - Family District. The land use categories permitted in the R -7 District include residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessary: with a maximum density of one dwelling unit per 7,000 square feet The comprehensive plan designates the property for single family, medium density. The proposed use of the properties is single - family residential. Proposed amendments to Chapter 362, Zoning, of the Code of the City of Roanoke, (1979), as amended, by amending and reordalning, adding or deleting the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted: 1. Sec. 362.205, Dimensional regulations, and Table 205 -2, Application of Maximum Front Yard Requirements, to correct the amount of building facade that must be situated within the maximum front yard as noted in the exception. 2. Sec. 36.2.311, Use table for residential districts, to add Borrow or fill site and Composting Facility as special exception uses in the RA district. 3. Sec. 362 -315, Use table for multiple Purpose districts, to fix scrivener's error for Internet sales establishment and add Borrow or Fill Site as a special exception use in the MX, CN, CG, CLS, D, IN, ROS, and OF districts. 4. Sec. 362.322, Use table for industrial districts, to add Borrow or Fill Site as a special exception use in the 1 -1, 1.2, and AD districts; to add Composting Facility as a special exception use in the 1.1 District; to modify the descriptor for the Manufacturing: Wood products use to include the shredding or grinding of wood to create mulch; and to include a reference to supplemental regulations for a Workshop. 5. Sec. 362 -327, Use table for planned unit development districts, to add Dwelling, single - family attached; Dwelling, single - family detached: Dwelfing, two- family; Dwelling, multifamily; Dwelling, townhouse or rowhouse; Hotel or motel; Live -work unit; Mixed -use building; Amusement, commercial, indoor; Educational facilities, school for the arts; Fire, police, or emergency services; Library; Supply pantry as permitted uses in the IPUD district. Add Outdoor recreation lacihty lighting or sports stadium lighting as a special exception ua: in the IPUD district. Add Government offices or other government facility, snot othr= rwrise listed: Eroadcasting Studio or station as permitted uses in the MXPUD district. Add Broadcasting tower as a special exception use in the MXPUD district. Add workshop; Amusement, commercial, outdoor; Microbrewery or microdistillery as Permitted uses in MXPUD and IPUD districts. Add Borrow or Fill Site as a permitted use in MXPUD, INPUD, and IPUD districts. 6. Sec. 362. 410.1, Fill or Borrow Sites, to establish supplemental regulations related to the criteria for reviewing. establishing, and operating a borrow or fill site, including type of fill material, grading and drainage, operating times, storage of equipment, and reclamation. 7. Sec. 36.2. 407.2, composting Facilities, to establish supplemental regulations related to the criteria for reviewing, establishing, and operating a composting facility, including compliance with applicable state regulations, providing details on operations and materials to be composted, implementing and updating an operations plan, and final approval of a composting facility by the state prior to issuance of a certificate of occupancy. 8. Sec. 36.2.423, Outdoor storage, to add requirements for storage of bulk materials, including but not limited to sand, gravel, mulch, or soil. 9. Sec. 362 -429, Temporary uses and Table 429 -1, to change the column titles "Maximum Number per Calendar Year for Lot" to "Maximum Frequency per Lot" and update time frame for each use accordingly and to add Temporary, short-term filling, grading, or borrow operation, subject to subsection (f) below as a temporary use. 10.5ec. 36.2 -429, Temporary uses, to add off -site fill sites or borrow sites associated with a specific construction site as temporary construction- related activity and to add a definition and parameters of operation for a Temporary, short-term filling, grading, or borrow operation. 11.Sec. 36.2.552, Basic development plans, to reverse the order of items (3) and (4) so the section reads more clearly. 12-Sec. 36.2 -553. Comprehensive development plans, to clarify that an initial review will occur to determine if a plan is complete. Ogee drrtermnled tc be complete, the plan review will be completed within 12 business days, resulting in comments regarding missing information, errors, required raVISIOn5, etc. or that the plan is sufficient and is approved. 13.See. 36.2.630, General development standards, to add bicycle facilities to the fist Of righl•nF -taay improvements that may he required by the.' Agent to the Planning tAmmISSIUn and that the Agent (c, the Planning Commission oiay equire rfmnvst or replacement t existing right-of-way improvements when new development necessitates w no longer requires such improvements. 14.Sec. 36.2 -642, General {an:lscaping and screening standards, to update a reference to the Tree List, to update the reference to the trade association that publishes standards for vegetative plantings, and to clarify that the Zoning Administrator mav limit plantings rf trees in close pro +irmty to sewer lines and laterals. 15. Sec. 36.2.643, Preservation of existing landscape features, to update I reference to the Tree List and to allow the Zoning Administrator to establish credits for existing trees to br FQ25 -ved Irr_rs th;,t are opt included in the I rep List. 16. Sec. 36.2 -648, Parking area tlandscaping, to update a reference to he Tree List. 17.Sec. 361 -652, Minimum parking and Table 652.1, Required Parking Spaces, to increase the decimal places in the number of parking spaces required for Dwelling, single - family attached; Dwelling, two-family- ' Dwelling, multifamily; elderly (intended and designed exclusively to house the elderly); Dwelling, multifamily, other than elderly dwelling; and Townhouse or row house; and to replace the parking standard for mini - warehouses With a standard for Self - storage buildings and Self - storage facilities. 18-Sec. 30.2 -661, Applicability, to amend to increase the size of temporary real estate signs from six to 12 square feet in the RA-,R-12, R -7. R -5, R -3, RM -1, and RM -2 districts; to increase the size of temporary off -site real estate signs from five to 12 square feet: and increase the size of temporary construction signs from six to 12 square feet in the RA, R -12, R -7, R. 5, R -3, RM -1. and RM -2 districts. 19 -Sec. 36.2 -662. Definitions, to add definition of a feather sign. 20.Sec. 36,2.663, Prohibftcd signs, to expand the prohibition on animated signs to include feather signs. 21.Sec. 36.2 -G64, Zoning permits for signs, to expand exemption for signs not requiring a permit to those set forth in Sec 363.2.673(a)- 22.Sec. 36.2 -673, Temporary on. Premises signs, to delete Table 673 -1. Trmporary Signs: 163411nu'11 Square fnptagry of Sign Area: to permit temporary signs in MUltiple Purp,,;.;,% Industrial and Planned Unit Development districts, subject to limits on size, height, number of signs displayed, ano mniirnurr lira• hrnhs fni temp.rar, signs; and to provide additional requirements and limits for inflatahle, laser light, or image prof i' on, or search light or beacon signs. 23.Apprndix A, lrelmitirn?s, ls, modify d0inition of Composling Facility, and to add definition for Borrow or f ill Site. 24.Appendi= E.t, Basic Drvelupmetil Plan, to add requirement that Zoning Administrator may require a basic development plan to be required by a design professional; to allow the Zoning Administrator rather than the Agent to the Planning Commission waive standards for a basic development plan; to require that existing and proposed improvements in Ihr right -of -hay and prrrpc. <ed waterlines, sewer laterals. or septic systems be included on a plan; and or, clarify applicability of agreernents hi lieu of an prosier, and sedinrent control plan. Proposed amendments to Chapter 31 -1, Subdivisions, of the Cott, of the City of Roanoke (1979), as amended: 25.Section 31.1 -203, Subdivision application, review, and approval, update to require electronic submissions, excepting final signature sets to be recorded. 26.Section 31.1 -400, Standards for streets, add current Virginia Department of Transportation reference documents and most applicable sections for use by the Subdivision Agent; update Tables 400.1 and 400.2 to reflect standards fee streets With average daily traffic (ADT) greater than 000; and note that bicycle accommodations may be required on collector and arterial streets; include specific reference for Americans with Disabilities Act (ADA) compliance; and 27.Appendix 13-4, Requirements for final subdivision site plan, add requirement in show average daily traffic (ADT) for street and to show site distance for entrances when directed by the Subdivision Agent The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. The proposed amendments are digitally available for review online or may be obtained digitally by emailing planning, _1roanokeva.gov. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters and proposed amendments to Chapter 36.2, Zoning, and Chapter 31.1, Subdivisions, on July 20, 2020, at 7:00 p.m., or as wen thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Re0m 450. Noel C. Taylor Municipal Building, 115 Church Avenue SW, Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings Should contact the City Clerk's office at (540) 85325.11 at least five clays prior to the scheduled public hearings Cecelia F. McCoy, CMC, City Clerk (1109059) PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, 4`" floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster, as permitted by Virginia Code Sections 2.2- 3708.2(A) and 15.2 -1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41703- 032720, and Resolution No. 41704- 032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online or may be obtained digitally by emai ing'� The City of Roanoke Planning Commission will hold a public hearing on July 13, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters and proposed amendments to Chapter 36.2, Zoning, and Chapter 31.1, Subdivisions. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by emailing o�atii- --- 11, ___,(<X',. ,t,�r�,�, or by calling (540)853 -1330 by noon, Friday, July 10, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at pltuai iirn� i ; _�.,�, on or -- - prior to 1:00 p.m., Friday, July 10, 2020. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Application by Glade Creek Development, LLC, to rezone and repeal the single condition proffered as part of a previous rezoning adopted through the enactment of Ordinance 40007- 0721 14 for the following properties located as indicated below from MXPUD, Mixed Use Planned Unit Development, to R -5, Residential Single - Family District: 402 Savannah Drive NE, bearing Official Tax Map No. 7060163 406 Savannah Drive NE, bearing Official Tax Map No. 7060164 410 Savannah Drive NE, bearing Official Tax Map No. 7060165 414 Savannah Drive NE, bearing Official Tax Map No. 7060166 418 Savannah Drive NE, bearing Official Tax Map No. 7060167 422 Savannah Drive NE, bearing Official Tax Map No. 7060168 426 Savannah Drive NE, bearing Official Tax Map No. 7060169 430 Savannah Drive NE, bearing Official Tax Map No. 7060170 434 Savannah Drive NE, bearing Official Tax Map No. 7060171 438 Savannah Drive NE, bearing Official Tax Map No. 7060172 442 Savannah Drive NE, bearing Official Tax Map No. 7060173 446 Savannah Drive NE, bearing Official Tax Map No. 7060174 450 Savannah Drive NE, bearing Official Tax Map No. 7060175 454 Savannah Drive NE, bearing Official Tax Map No. 7060176 458 Savannah Drive NE, bearing Official Tax Map No. 7060177 462 Savannah Drive NE, bearing Official Tax Map No. 7060178 466 Savannah Drive NE, bearing Official Tax Map No. 7060179 470 Savannah Drive NE, bearing Official Tax Map No. 7060180 474 Savannah Drive NE, bearing Official Tax Map No. 7060181 478 Savannah Drive NE, bearing Official Tax Map No. 7060182 502 Savannah Drive NE, bearing Official Tax Map No. 7060183 506 Savannah Drive NE, bearing Official Tax Map No. 7060184 510 Savannah Drive NE, bearing Official Tax Map No. 7060185 514 Savannah Drive NE, bearing Official Tax Map No. 7060186 518 Savannah Drive NE, bearing Official Tax Map No. 7060187 522 Savannah Drive NE, bearing Official Tax Map No. 7060188 526 Savannah Drive NE, bearing Official Tax Map No. 7060189 530 Savannah Drive NE, bearing Official Tax Map No. 7060190 534 Savannah Drive NE, bearing Official Tax Map No. 7060191 538 Savannah Drive NE, bearing Official Tax Map No. 7060192 542 Savannah Drive NE, bearing Official Tax Map No. 7060193 546 Savannah Drive NE, bearing Official Tax Map No. 7060194 550 Savannah Drive NE, bearing Official Tax Map No. 7060195 554 Savannah Drive NE, bearing Official Tax Map No. 7060196 558 Savannah Drive NE, bearing Official Tax Map No. 7060197 562 Savannah Drive NE, bearing Official Tax Map No. 7060198 566 Savannah Drive NE, bearing Official Tax Map No. 7060199 570 Savannah Drive NE, bearing Official Tax Map No. 7060200 574 Savannah Drive NE, bearing Official Tax Map No. 7060201 578 Savannah Drive NE, bearing Official Tax Map No. 7060202 579 Savannah Drive NE, bearing Official Tax Map No. 7060203 575 Savannah Drive NE, bearing Official Tax Map No. 7060204 571 Savannah Drive NE, bearing Official Tax Map No. 7060205 567 Savannah Drive NE, bearing Official Tax Map No. 7060206 563 Savannah Drive NE, bearing Official Tax Map No. 7060207 559 Savannah Drive NE, bearing Official Tax Map No. 7060208 555 Savannah Drive NE, bearing Official Tax Map No. 7060209 551 Savannah Drive NE, bearing Official Tax Map No. 7060210 547 Savannah Drive NE, bearing Official Tax Map No. 7060211 543 Savannah Drive NE, bearing Official Tax Map No. 7060212 539 Savannah Drive NE, bearing Official Tax Map No. 7060213 535 Savannah Drive NE, bearing Official Tax Map No. 7060214 531 Savannah Drive NE, bearing Official Tax Map No. 7060215 527 Savannah Drive NE, bearing Official Tax Map No. 7060216 523 Savannah Drive NE, bearing Official Tax Map No. 7060217 519 Savannah Drive NE, bearing Official Tax Map No. 7060218 515 Savannah Drive NE, bearing Official Tax Map No. 7060219 511 Savannah Drive NE, bearing Official Tax Map No. 7060220 507 Savannah Drive NE, bearing Official Tax Map No. 7060221 503 Savannah Drive NE, bearing Official Tax Map No. 7060222 483 Savannah Drive NE, bearing Official Tax Map No. 7060223 479 Savannah Drive NE, bearing Official Tax Map No. 7060224 475 Savannah Drive NE, bearing Official Tax Map No. 7060225 471 Savannah Drive NE, bearing Official Tax Map No. 7060226 467 Savannah Drive NE, bearing Official Tax Map No. 7060227 463 Savannah Drive NE, bearing Official Tax Map No. 7060228 459 Savannah Drive NE, bearing Official Tax Map No. 7060229 455 Savannah Drive NE, bearing Official Tax Map No. 7060230 451 Savannah Drive NE, bearing Official Tax Map No. 7060231 447 Savannah Drive NE, bearing Official Tax Map No. 7060232 443 Savannah Drive NE, bearing Official Tax Map No. 7060233 439 Savannah Drive NE, bearing Official Tax Map No. 7060234 435 Savannah Drive NE, bearing Official Tax Map No. 7060235 431 Savannah Drive NE, bearing Official Tax Map No. 7060236 125 Brenda Way NE, bearing Official Tax Map No. 7060113 583 Savannah Drive NE, bearing Official Tax Map No. 7060260 487 Savannah Drive NE, bearing Official Tax Map No. 7060261 203 Georgia Court NE, bearing Official Tax Map No. 7060237 207 Georgia Court NE, bearing Official Tax Map No. 7060238 211 Georgia Court NE, bearing Official Tax Map No. 7060239 215 Georgia Court NE, bearing Official Tax Map No. 7060240 219 Georgia Court NE, bearing Official Tax Map No. 7060241 223 Georgia Court NE, bearing Official Tax Map No. 7060242 227 Georgia Court NE, bearing Official Tax Map No. 7060243 231 Georgia Court NE, bearing Official Tax Map No. 7060244 235 Georgia Court NE, bearing Official Tax Map No. 7060245 239 Georgia Court NE, bearing Official Tax Map No. 7060246 243 Georgia Court NE, bearing Official Tax Map No. 7060247 246 Georgia Court NE, bearing Official Tax Map No. 7060248 242 Georgia Court NE, bearing Official Tax Map No. 7060249 238 Georgia Court NE, bearing Official Tax Map No. 7060250 234 Georgia Court NE, bearing Official Tax Map No. 7060251 230 Georgia Court NE, bearing Official Tax Map No. 7060252 226 Georgia Court NE, bearing Official Tax Map No. 7060253 222 Georgia Court NE, bearing Official Tax Map No. 7060254 218 Georgia Court NE, bearing Official Tax Map No. 7060255 214 Georgia Court NE, bearing Official Tax Map No. 7060256 210 Georgia Court NE, bearing Official Tax Map No. 7060257 206 Georgia Court NE, bearing Official Tax Map No. 7060258 202 Georgia Court NE, bearing Official Tax Map No. 7060259 The land use categories permitted in R -5 District include residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 5,000 square feet of lot area and no maximum floor area ratio specified. The Comprehensive Plan designates the property for single family, medium density. The proposed use of the properties remain detached single- family dwellings. Application by Northbridge Properties, LLC, to rezone and repeal all conditions previously proffered as part of previous rezonings for property located at 2006 Peters Creek Road NW, 4425 Northwood Drive NW, 4431 Northwood Drive NW, and a portion of 2032 Peters Creek Road NW, bearing Official Tax Map Nos. 6140612, 6140610, 6140609, and 6141403, respectively, from CG, Commercial - General District; R -7, Residential Single- Family District; and CG, Commercial- General District, with conditions, to CLS, Commercial -Large Site District, with conditions. All conditions previously adopted through enactment of Ordinance #28339 are proposed for repeal on a portion of property located at 2032 Peters Creek Road NW, bearing Official Tax Map No. 6141403. All conditions previously adopted through enactment of Ordinance #35253- 040201 are proposed for repeal on property located at 4431 Northwood Drive NW and 4425 Northwood Drive NW, bearing Official Tax Map Nos. 6140609 and 6140610, respectively. The land use categories permitted in the CLS District include residential; accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with no maximum density. The comprehensive plan designates the property for commercial and single family residential uses. The proposed use of the properties remain motor vehicle sales and service establishment, new and used. Application by Grandin Court Baptist Church to rezone property located at 2600 Sweetbrier Avenue SW and 0 Spring Road SW, bearing Official Tax Map Nos. 1561301 and 1561315, respectively, from IN, Institutional District, to R -7, Residential Single - Family District. The land use categories pennitted in the R -7 District include residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 7,000 square feet. The comprehensive plan designates the property for single family, medium density. The proposed use of the properties is single - family residential. Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease pennitted density in any district, unless otherwise noted: 1. Sec. 36.2 -205, Dimensional regulations, and Table 205 -2, Application of Maximum Front Yard Requirements, to correct the amount of building facade that must be situated within the maximum front yard as noted in the exception. 2. Sec. 36.2-311, Use table for residential districts, to add Borrow or fill site and Composting Facility as special exception uses in the RA district. 3. Sec. 36.2 -315, Use table for multiple purpose districts, to fix scrivener's error for Internet sales establishment and add Borrow or Fill Site as a special exception use in the MX, CN, CG, CLS, D, IN, ROS, and OF districts. 4. Sec. 36.2 -322, Use table for industrial districts, to add Borrow or Fill Site as a special exception use in the 1 -1, I -2, and AD districts; to add Composting Facility as a special exception use in the I -1 District; to modify the descriptor for the Manufacturing: Wood products use to include the shredding or grinding of wood to create mulch; and to include a reference to supplemental regulations for a Workshop. Sec. 36.2 -327, Use table for planned unit development districts, to add Dwelling, single - family attached; Dwelling, single- family detached; Dwelling, two - family; Dwelling, multifamily; Dwelling, townhouse or rowhouse; Hotel or motel; Live -work unit; Mixed -use building; Amusement, commercial, indoor; Educational facilities, school for the arts; Fire, police, or emergency services; Library; Supply pantry as permitted uses in the IPUD district. Add Outdoor recreation facility lighting or sports stadium lighting as a special exception use in the IPUD district. Add Government offices or other government facility, not otherwise listed; Broadcasting studio or station as permitted uses in the MXPUD district. Add Broadcasting tower as a special exception use in the MXPUD district. Add workshop; Amusement, commercial, outdoor; Microbrewery or microdistillery as permitted uses in MXPUD and IPUD districts. Add Borrow or Fill Site as a permitted use in MXPUD, INPUD, and IPUD districts. 6. Sec. 362- 410.1, Fill or Borrow Sites, to establish supplemental regulations related to the criteria for reviewing, establishing, and operating a borrow or fill site, including type of fill material, grading and drainage, operating times, storage of equipment, and reclamation. Sec. 36.2- 407.2, Composting Facilities, to establish supplemental regulations related to the criteria for reviewing, establishing, and operating a composting facility, including compliance with applicable state regulations, providing details on operations and materials to be composted, implementing and updating an operations plan, and final approval of a composting facility by the state prior to issuance of a certificate of occupancy. Sec. 36.2 -423, Outdoor storage, to add requirements for storage of bulk materials, including but not limited to sand, gravel, mulch, or soil. 9. Sec. 36.2 -429, Temporary uses and Table 429 -1, to change the column titles "Maximum Number per Calendar Year for Lot" to "Maximum Frequency per Lot" and update time frame for each use accordingly and to add Temporary, short -teen filling, grading, or borrow operation, subject to subsection (f) below as a temporary use. 10. Sec. 362 -429, Temporary uses, to add off -site fill sites or borrow sites associated with a specific construction site as temporary construction - related activity and to add a definition and parameters of operation for a Temporary, short -teen filling, grading, or borrow operation. 11. Sec. 362 -552, Basic development plans, to reverse the order of items (3) and (4) so the section reads more clearly. 12. Sec. 36.2 -553, Comprehensive development plans, to clarify that an initial review will occur to determine if a plan is complete. Once determined to be complete, the plan review will be completed within 12 business days, resulting in comments regarding missing information, errors, required revisions, etc. or that the plan is sufficient and is approved. 13. Sec. 36.2 -630, General development standards, to add bicycle facilities to the list of right -of- way improvements that may be required by the Agent to the Planning Commission and that the Agent to the Planning Commission may require removal or replacement of existing right - of -way improvements when new development necessitates or no longer requires such improvements. 14. Sec. 36.2 -642, General landscaping and screening standards, to update a reference to the Tree List, to update the reference to the trade association that publishes standards for vegetative plantings, and to clarify that the Zoning Administrator may limit plantings of trees in close proximity to sewer lines and laterals. 15. Sec. 36.2 -643, Preservation of existing landscape features, to update a reference to the Tree List and to allow the Zoning Administrator to establish credits for existing trees to be preserved trees that are not included in the Tree List. 16. Sec. 36.2 -648, Parking area landscaping, to update a reference to the Tree List. 17. Sec. 36.2 -652, Minimum parking and Table 652 -2, Required Parking Spaces, to increase the decimal places in the number of parking spaces required for Dwelling, single- family attached; Dwelling, two - family; Dwelling, multifamily; elderly (intended and designed exclusively to house the elderly); Dwelling, multifamily, other than elderly dwelling; and Townhouse or row house; and to replace the parking standard for mini- warehouses with a standard for Self - storage buildings and Self - storage facilities. 18. Sec. 36.2 -661, Applicability, to amend to increase the size of temporary real estate signs from six to 12 square feet in the RA, R -12, R -7, R -5, R -3, RM -1, and RM -2 districts; to increase the size of temporary off -site real estate signs from five to 12 square feet; and increase the size of temporary construction signs from six to 12 square feet in the RA, R -12, R -7, R -5, R -3, RM -1, and RM -2 districts. 19. Sec. 36.2 -662, Definitions, to add definition of a feather sign. 20. Sec. 36.2 -663, Prohibited signs, to expand the prohibition on animated signs to include feather signs. 21. Sec. 36.2 -664, Zoning permits for signs, to expand exemption for signs not requiring a permit to those set forth in Sec 363.2- 673(a). 22. Sec. 36.2 -673, Temporary on- premises signs, to delete Table 673 -1. Temporary Signs: Maximum Square Footage of Sign Area; to permit temporary signs in Multiple Purpose, Industrial and Planned Unit Development districts, subject to limits on size, height, number of signs displayed, and maximum time limits for temporary signs; and to provide additional requirements and limits for inflatable, laser light, or image projection, or search light or beacon signs. 23. Appendix A, Definitions, to modify definition of Composting Facility, and to add definition for Borrow or Fill Site. 24. Appendix B -1, Basic Development Plan, to add requirement that Zoning Administrator may require a basic development plan to be required by a design professional; to allow the Zoning Administrator rather than the Agent to the Planning Commission waive standards for a basic development plan; to require that existing and proposed improvements in the right -of -way and proposed waterlines, sewer laterals, or septic systems be included on a plan; and to clarify applicability of agreements in lieu of an erosion and sediment control plan. Proposed amendments to Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended: 25. Section 31.1 -203, Subdivision application, review, and approval, update to require electronic submissions, excepting final signature sets to be recorded. 26. Section 31.1 -400, Standards for streets, add current Virginia Department of Transportation reference documents and most applicable sections for use by the Subdivision Agent; update Tables 400 -1 and 400 -2 to reflect standards for streets with average daily traffic (ADT) greater than 4,000; and note that bicycle accommodations may be required on collector and arterial streets; include specific reference for Americans with Disabilities Act (ADA) compliance; and 27. Appendix B -4, Requirements for final subdivision site plan, add requirement to show average daily traffic (ADT) for street and to show site distance for entrances when directed by the Subdivision Agent. The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. The proposed amendments are digitally available for review online or may be obtained digitally by emailing i��:_�� ii_< Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters and proposed amendments to Chapter 36.2, Zoning, and Chapter 31.1, Subdivisions, on July 20, 2020, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Cecelia F. McCoy, CMC, City Clerk Please publish in newspaper on Tuesday, June 30, 2020, and Tuesday, July 7, 2020. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/853 -1730 Please send affidavit of publication to: Cecelia F. McCoy, CMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 CECELIA F. MCCOY, CHIC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Far. (540) 853 -1145 E-mail: clerkCa roanokeva.gov July 7, 2020 Ben Crew, L.A. Balzer & Associates, Inc. 1208 Corporate Circle, S. W. Roanoke, Virginia 24014 Dear Mr. Crew: CECELIA T. NVEBB, CHIC Deputy Cite Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, July 13 at 1:30 p.m. in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Northbridge Properties, LLC — c/o Gary Duncan, to rezone and repeal all conditions previously proffered as part of previous rezonings for property located at 2006 Peters Creek Road, N. W., 4425 Northwood Drive, N. W., 4431 Northwood Drive, N. W., and a portion of 2032 Peters Creek Road, N. W., respectively, from Commercial - General District; Residential Single - Family District; and Commercial - General District, with conditions, to Commercial -Large Site District, with conditions. (See copy of the Public Hearing Notice attached.) This public hearing will be conducted by electronic communication means due to the COVID -19 pandemic disaster, as permitted by Virginia Code Sections 2.2- 3708.2(A) and 15.2 -1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41703- 032720, and Resolution No. 41704 - 032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, July 20 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on Monday, July 13. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure CECELIA F. MCCOI', CHIC Cite Clerk Ladies and Gentlemen: CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk�h roanokeca.goN July 7, 2020 CECELIA T. wEBB, CHIC Depute City Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, July 13 at 1:30 p.m. in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Northbridge Properties, LLC — c/o Gary Duncan, to rezone and repeal all conditions previously proffered as part of previous rezonings for property located at 2006 Peters Creek Road, N. W., 4425 Northwood Drive, N. W., 4431 Northwood Drive, N. W., and a portion of 2032 Peters Creek Road, N. W., respectively, from Commercial - General District; Residential Single - Family District; and Commercial - General District, with conditions, to Commercial -Large Site District, with conditions. (See copy of the Public Hearing Notice attached.) This public hearing will be conducted by electronic communication means due to the COVID -19 pandemic disaster, as permitted by Virginia Code Sections 2.2- 3708.2(A) and 15.2 -1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41703- 032720, and Resolution No. 41704 - 032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, July 20 at 7:00 p.m. before the Roanoke City Council, conducted by electronic communication means, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on July 13. This letter is provided for your information as an interested party and/or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure Adjoining Property Owner /Interested Party July 7, 2020 Page 2 c: Cecile K. Lambe Payam Abrarahad Joan Mitchell Yates Pamela J. Davidson Lindsey Kaye Jones Darryl and Donna J. Hurd Earl G. and Eloise K. Gudeman Raquel T. Ekarius G A D Management Northbridge Properties, LLC Shiffer Properties LLC Anhthu T. Nguyen Marie L. Ferguson Grandin Holdings 2 LLC James R. and Gloria J. Stultz Western Virginia Emergency Medical Steven T. Yulle Joseph M. Tilley Betty P. Harvey James J. and Eva J. Perkins Reyna Arriola Alvarez Kimberly A. and Andrew Keith A. Shroades Elizabeth Maria Bates Jeanette B. Lowe Westminister Presbyterian Church Gabriel Leonardo Moran, Jr. Trustees of Maple Camp #66 Woodman of The World Planned Parenthood South Atlantic Better Than Life, Inc. ILI Department of Planning, Building and Development Room 170, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Filing Date: 5/26/2020 Submittal Number: Original Application Refit# _ I�ct: all �i�it aira�alvl ❑ Rezoning, Not Otherwise Listed x❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Pr0040* 0r ati+ain• Click Here to Print ❑ x Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: 12032 & 2006 Peters Creek Road NW, 4425 & 4431 Northwood Dr. NW Official Tax No(s).: 6141403, 6140612, 6140610, 6410609 Existing x❑ Without Conditions Ordinance Zoning: CG (w /cond.) / R -7, CG, CG (w /cond.) ❑x With Conditions No(s). (If 28339 & 35253 -0013 ❑ Planned Unit Development applicable): Motor Vehicle sales & service Requested ❑ Without Conditions Proposed Zoning: Ct. S ❑x With Conditions Land Use: establishment new & used. ❑ Planned Unit Development Motor Vehicle Repair or Servic Propert., y Owneir Informatilow. Name: Northbridge Properties, LLC - c/o Gary Duncan Phone Number: +1 (540) 381 -3200 Address: 2050 Roanoke Street Christiansburg, Virginia 24073 E -mail: garyduncan @duncanauto.n� Name: Phone Number: Address: E -mail: Aido t Ic NEIA Name: Balzer & Associates, Inc. c/o Ben Crew Phone Number: +1 (540) 772 -9580 Address: 1208 Corporate Circle Roanoke, VA 24018 E -mail: Bcrew @Balzer.cc Authanzad Zoning Amendment Application C The following must be submitted for all applications: Ix Completed application form and checklist. r Written narrative explaining the reason for the request. fx Metes and bounds description, if applicable. fx Filing fee. For a rezoning not otherwise listed, the following must also be submitted: F— Concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures. For a conditional rezoning, the fallowing must -also be submitted: Ix 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 Ix 'development plan' if proffered. Fora planned unit development, the following must also be submitted: F— Development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. For a comprehensive sign overlay district, the following must be submitted:' r— Comprehensive signage plan meeting the requirements of Section 36.2 - 336(4)(2) of the City's Zoning Ordinance. For an amendment of proffered conditions, the following must also be submitted: FX Amended development or concept plan meeting the Application Requirements of item '2(c)' in Zoning Amendment Procedures, if applicable. Written proffers to be amended. See the City's Guide to Proffered Conditions, Ix Copy of previously adopted Ordinance. For a planned unit development amendment, the following must also be submitted: f Amended development plan meeting the requirements of Section 36.2 -326 of the City's Zoning Ordinance. (— Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment, the following must also be submitted: I— Amended comprehensive signage plan meeting the requirements of Section 36.2 - 336(4) of the City's Zoning Ordinance. F— Copy of previously adopted Ordinance. For a proposal that requires a traffic impact study be submitted to the City, the following must also be submitted: I— A Traffic Impact Study in compliance with Appendix B -2(e) of the City's Zoning Ordinance. For a proposal that requires a traffic impact analysis be submitted to VDOT, the following must also be submitted: f- sheet. f- Traffic impact analysis. I- Concept plan. F Proffered conditions, if applicable. I- Required fee. *An electronic copy of this application and checklist can be found at www. roanokeva .gov /planningcommission. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. PROJECT NARRATIVE: The Duncan Automotive Network is a local automotive dealership with fifteen locations around the region, two of which are located within the City of Roanoke. Duncan recently acquired a BMW dealership and is proposing to incorporate this new dealership into its current Acura/Audi dealership location on Peters Creek Road. The location of the new BMW dealership is critical to the efficient operation of the expanding Duncan business which includes new and used car sales and service. The existing Audi and Acura dealerships will remain on -site. Consolidation of brands at one location provides the opportunity for patrons to browse different inventory while owners maintain continuity and efficiency with their overall business operations. Northbridge Properties, LLC is requesting to allow for the construction of a new automotive dealership and the construction of a new service building to serve all three vehicle brands (Audi, Acura, and BMW) This request is similar to the approved zoning amendment from 2001 with the exception of the two residential houses that have since been removed, the configuration of the proposed dealership building (Proposed Building A) has been modified, and the addition of the service building (Proposed Building B). This request further redevelops existing commercial property which is a priority over rezoning new property into commercial. The existing proffered conditions from 1986 and 2001 will be repealed and a new development plan is being proffered with this development. The proposed development plan along with the proposed proffered condition allows this property to be appropriately developed, and the existing business expanded, along the commercial corridor of Peters Creek Road. The request as outlined below contains multiple parts: 1. The first part of the request is to remove existing proffered conditions for a portion of Tax Parcel 6141403 (Existing Split Zoning Commercial General (CG) and R -7 Residential) Ordinance #28339 2. The second part of the request is to remove existing proffered conditions for Tax Parcels 6140610 and 6140609 (Existing Zoning Commercial General (CG)) Ordinance 35253- 040201 3. Rezone Tax Parcels 6140610, 6410609, 6140612, and a portion of 6141403 to CLS — Commercial Large Site with Conditions The proposed zoning amendment request will modify the current Commercial General (CG) zoning to Commercial Large Site (CLS) to facilitate the construction of the new dealership building and service building, however the Residential R -7 zoning will remain on the western portion of the property along the existing residentially zoned property. The preservation of this R -7 zoned area provides a buffer from the proposed improvements while also bolstering the River and Creek Corridor Overlay District by protecting the existing drainageway located along the western property line. The development plan provided outlines the proposed improvements for the Duncan Campus. The alignment and location of the BMW dealership building is based on many factors that include proximity to adjacent property owners, BMW corporate visibility requirements, and existing infrastructure. Proposed Building B construction would be designed to complement the existing facilities including the modern AUDI building that was just renovated a few years ago. This new facility will also have a sleek modern aesthetic that will be highlighted with large expanses of glass and natural light. The finishes on the exterior will designed to be clean and minimalist so to pull the view inward toward the vehicle showroom. The design will also be functional for Duncan's prospective clients while also adhering to the corporate brand requirements from BMW. The proposed improvements and sensitivity to the neighborhood was an important consideration as the project design was developed. New and Used vehicle sales will continue to be located along Peters Creek Road between the existing Audi building and Woodbridge Avenue. The other parking provided on -site will be client /customer parking, employees, and /or service. The proposed CLS zoning is appropriate for this development as it provides buffering of proposed improvements from Northwoods Drive. A combination of evergreen screening and solid fencing is being proposed around the proposed improvements to limit the visual impacts with adjacent property owners. The site is located within the neighborhood planning district of Peters Creek North and this project exemplifies many of the qualities and attributes expressed within the neighborhood plan for future projects. This project develops underutilized commercial property in an appropriate location and provides an appropriate context and site design. The proposed use as an automobile dealership is compatible with the surrounding commercial area. This project will be developed in accordance with all applicable regulations including, but not limited to, the Roanoke City Zoning Ordinance and Management Design Manual. Roanoke City Stormwater PROFFERS TO BE REPEALED: Ordinance Date: 912511986 The applicant hereby requests that the following proffered conditions enacted by Ordinance No. 28339 be repealed as they pertain to Official Tax Number 6141403: 1. The property will be used as an automotive dealership with the associated sales of used vehicles and the leasing of new and used vehicles. 2. The landscape design and location will be in substantial compliance with the attached site plan. (The type of plant material is not a condition) Construction of the building to house new automobile sales will begin with two (2) years of the date of final zoning approval and in the event construction is not begun within two (2) years, the zoning will revert to the existing zoning. PROFFERS TO BE REPEALED: Ordinance Date: 41212001 The applicant hereby requests that the following proffered conditions enacted by Ordinance No. 35253- 040201 be repealed as they pertain to Official Tax Numbers 6140610, 6140609, and a portion of 6141403: 1. The rezoned portion of the Properties will be used as an automobile dealership with the associated sales and leasing of new and used vehicles. 2. The development of the Properties will be in substantial conformity with a site plan prepared by Kinsey Shane & Associates, dated February 1, 2001, a copy of which is attached as Exhibit D, subject to changes required by the City of Roanoke during development plan review. 3. The exterior of the building to be constructed on the rezoned portion of the Properties, as shown on the Plan, shall be substantially similar in appearance to the elevation rendering, a copy of which is attached as Exhibit E. 4. Petitioner will provide and maintain in the development of the Properties a landscaped buffer as shown on the Plan, subject to changes required by the City during development plan review. Petitioner agrees to supplement the existing evergreen buffer by planting staggered, parallel rows of similar evergreen trees, which shall be at least six feet in height at the time of planting and located twelve feet apart on center. All plantings shall be properly maintained and replaced, as necessary. PROFFERED CONDITION: The applicant hereby agrees to proffer the following conditions as they apply to the Existing tax parcels identified as Official Tax Numbers 6140609, 6140610, 6140612, and a portion of 6141403 1. The property will be developed in substantial conformance with the development plan prepared by Balzer and Associates, Inc. entitled "Duncan BMW" dated May 26, 2020, subject to any changes that may be required by the City of Roanoke during comprehensive development plan review. s ' .. ::gym a" �.. '�ii?P1 ^��R wfiY:.!3 � k. ^4 `h �. e� 41 vz.:. YZ�, LEGAL DESCRIPTION EXISTING PARCELS: Tax Parcel 6140609 Legal Description Beginning at a point on the North line of Northwood Drive; Thence N 08 degrees 02'00" W a distance of 264.10' to a point; Thence S 88 degrees 17'00" E a distance of 122.07' to a point; Thence S 02 degrees 18'00" W a distance of 254.27' to a point; Thence with a curve turning to the left with an arc length of 75.10', with a radius of 417.45', with a chord bearing of S 87 degrees 06'35" W, with a chord length of 75.00' to a point; which is the point of beginning, having an area of 25298 square feet, 0.581 acre. Tax Parcel 6140610 Legal Description Beginning at a point on the North line of Northwood Drive; Thence N 02 degrees 18'00" E a distance of 284.27' to a point; Thence S 88 degrees 17'00" E a distance of 85.00' to a point; Thence S 02 degrees 18'00" W a distance of 285.14' to a point; Thence N 87 degrees 42'00" W a distance of 85.00' to a point; which is the point of beginning, having an area of 24,199 square feet, 0.556 acre. Tax Parcel 6140612 Legal Description Beginning at a point at the Northwest intersection of Peters Creek Road and Northwood Drive; Thence S 71 degrees 18'50" W a distance of 54.12' to a point; Thence N 87 degrees 42'00" W a distance of 76.30' to a point; Thence N 09 degrees 18'00" E a distance of 150.00' to a point; Thence N 14 degrees 28'00" E a distance of 140.81' to a point; Thence S 88 degrees 1700" E a distance of 78.65' to a point; Thence with a curve turning to the left with an arc length of 4.54', with a radius of 1996.86', with a chord bearing ofS 02 degrees 18'54" W, with a chord length of 4.54' to a point; Thence S 02 degrees 15'00" W a distance of 263.41' to a point; which is the point of beginning, having an area of 29,933 square feet, 0.687 acres Tax Parcel 6141403 Legal Description Beginning at a point on the west line of Peters Creek Road; Thence N 88 degrees 1700" W a distance of 78.65' to a point; Thence S 14 degrees 28'00" W a distance of 140.81' to a point; Thence S 09 degrees 18'00" W a distance of 150.00' to a point; Thence N 87 degrees 42'00" W a distance of 89.00' to a point; Thence N 02 degrees 18'00" E a distance of 285.14' to a point; Thence N 88 degrees 1700" W a distance of 85.00' to a point; Thence S 02 degrees 18'00" W a distance of 30.00' to a point; Thence N 88 degrees 1700" W a distance of 252.04' to a point; Thence N 18 degrees 22'00" W a distance of 31.94' to a point; Thence N 88 degrees 1700" W a distance of 289.73' to a point; Thence N 08 degrees 33'00" E a distance of 96.41' to a point; Thence N 01 degrees 52'00" E a distance of 80.06' to a point; Thence N 12 degrees 0700" E a distance of 87.27' to a point; Thence N 00 degrees 25'00" E a distance of 40.00' to a point; Thence N 00 degrees 16'00" E a distance of 261.48' to a point; Thence N 12 degrees 13'00" W a distance of 89.00' to a point; Thence S 74 degrees 53'00" E a distance of 220.57' to a point; Thence S 01 degrees 43'00" W a distance of 448.55' to a point; Thence S 88 degrees 1700" E a distance of 620.84' to a point; Thence with a curve turning to the right with an arc length of 41.16', with a radius of 25.04', with a chord bearing of S 41 degrees 11'35" E, with a chord length of 36.68' to a point; Thence with a reverse curve turning to the left with an are length of 122.99', with a radius of 1996.86', with a chord bearing of S 04 degrees 08'41" W, with a chord length of 122.97' to a point which is the point of beginning, having an area of 256,987 square feet, 5.90 +/- acres LEGAL DESCRIPTION FOR PROPOSED PARCELS: New CLS Zoning Parcel Legal Description Beginning at a point at the Northwest intersection of Peters Creek Road and Northwood Drive; Thence S 71 degrees 18'50" W a distance of 54.09' to a point; Thence N 87 degrees 42'00" W a distance of 76.30' to a point; Thence N 87 degrees 42'00" W a distance of 89.00' to a point; Thence N 87 degrees 42'00" W a distance of 85.00' to a point; Thence with a curve turning to the left with an arc length of 75.10', with a radius of 417.45', with a chord bearing of S 87 degrees 06'35" W, with a chord length of 75.00' to a point; Thence N 08 degrees 02'00" W a distance of 264.10' to a point; Thence N 88 degrees 17'00" W a distance of 129.97' to a point; Thence N 18 degrees 22'00" W a distance of 31.94' to a point; Thence N 88 degrees 17'00" W a distance of 206.68' to a point; Thence N 01 degrees 43'00" E a distance of 161.72' to a point; Thence S 88 degrees 17'00" E a distance of 130.00' to a point; Thence S O1 degrees 43'00" W a distance of 12.00' to a point; Thence S 88 degrees 17'00" E a distance of 620.84' to a point; Thence with a curve turning to the right with an arc length of 41.16', with a radius of 25.04', with a chord bearing of S 41 degrees 11'35" E, with a chord length of 36.68' to a point; Thence with a reverse curve turning to the left with an arc length of 127.53', with a radius of 1996.86', with a chord bearing of S 04 degrees 04'46" W, with a chord length of 127.51' to a point;Thence S 02 degrees 15'00" W a distance of 263.41' to a point; which is the point of beginning, having an area of 235,673 square feet, 5.410 acres New R -7 Zoning Parcel Legal Description Beginning at a point lying 646'+/- west of the West line of Peters Creek Road; Thence N 88 degrees 1700" W a distance of 130.00' to a point; Thence S 01 degrees 43'00" W a distance of 161.72' to a point; Thence N 88 degrees 1700" W a distance of 83.05' to a point; Thence N 08 degrees 33'00" E a distance of 96.41' to a point; Thence N O1 degrees 52'00" E a distance of 80.06' to a point; Thence N 12 degrees 0700" E a distance of 87.27 to a point; Thence N 00 degrees 25'00" E a distance of 40.00' to a point; Thence N 00 degrees 16'00" E a distance of 261.48' to a point; Thence N 12 degrees 13'00" W a distance of 89.00' to a point; Thence S 74 degrees 53'00" E a distance of 220.57' to a point; Thence S 01 degrees 43'00" W a distance of 436.55' to a point; which is the point of beginning, having an area of 100,744 square feet, 2.313 acres ZONING DISTRICT MAP 2032 and 2006 Peters Creek Rd NW & 4425 and 4431 Northwood Dr NW 6141005 Official Tax Parcels: 6141403, 6140612, 6140610, and 6140609 0 75 150 Feet 6141006 6141007 6141008 v 6141009 Co. x.WOODBRIDGE AVE 1 611011 0AA 012 6030 ,1 N�000 0 0 .a°°�^ ro 0 E + �O N W E S 0 X02' p0 R -7: Res Single - Family O� 100' AQ �0O 0 too ; - VVOODIDR 0) Conditional ; , ECG / Ord #35253 ► �1Commerc -Gene al a1 ` a CG(c • _ ,Commercial _ ,. 6030 ,1 N�000 0 0 .a°°�^ ro 0 E + �O N W E S 0 X02' p0 R -7: Res Single - Family O� 100' AQ �0O 0 too ; - VVOODIDR 0) o , ,�0 Apo 0 ^p0 0 6140713 6140714 6370303 CECELIA F. NICC01', CDIC Cih Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(i roanokeva.�ON Ben Crew, L.A. Balzer & Associates, Inc. 1208 Corporate Circle, S. W. Roanoke, Virginia 24014 Dear Mr. Crew: July 21, 2020 CECELIA T. NN EBB, CHIC Depute Cite Clerk I am enclosing copy of Ordinance No. 41815 - 072020 rezoning certain properties located at 2600 Sweetbrier Avenue, S. W., and 0 (zero) Spring Road, S. W., from IN, Institutional District, to R -7, Residential Single - Family District. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2020, and is in full force and effect upon its passage. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure PC: Margaret S. Rolley, Trustee, Grandin Court Baptist Church, 2660 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Trustees, Grandin Court Baptist Church, 2660 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Bryan L. and Katie L. Carrol, 6020 Smooth Stone Place, Haymarket, Virginia 20169 Atlan, LLC, 11505 Bottom Creek Road, Bent Mountain, Virginia 24059 Lisa J. Puckett, 2702 Sweetbrier Avenue, S. W., Roanoke, Virginia 24015 Robert Woodward, 1344 Lakewood Drive, S. W., Roanoke, Virginia 24015 David R. Doubman, 2651 Creston Avenue, S. W., Roanoke, Virginia 24015 The Honorable Brenda Hamilton, Circuit Court Clerk Robert S. Cowell, Jr., City Manager Brent Robertson, Assistant City Manager Christopher Chittum, Director, Planning Building & Development Ian D. Shaw, Zoning Administrator Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Susan Lower, Director of Real Estate Evaluation Luke Pugh, City Engineer Tina Carr, Secretary, City Planning Commission Katharine Gray, City Planner G� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2020. No. 41815 - 072020. AN ORDINANCE rezoning certain properties located at 2600 Sweetbrier Avenue, SW, and 0 (zero) Spring Road, SW, from IN, Institutional District, to R -7, Residential Single- Family District, and dispensing with the second reading of this ordinance by title. WHEREAS, Margaret S. Rolley, Trustee, on behalf of Grandin Court Baptist Church, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the properties located at 2600 Sweetbrier Avenue, SW, and 0 (zero) Spring Road, SW, bearing Official Tax Map Nos. 1561301 and 1561315, respectively, rezoned from IN, Institutional District, to R -7, Residential Single- Family District; 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, 2020, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, is hereby amended to reflect that the properties located at 2600 Sweetbrier Avenue, SW, and 0 (zero) Spring Road, SW, bearing Official Tax Map Nos. 1561301 and 1561315, respectively, be and are hereby REZONED from IN, Institutional District, to R -7, Residential Single - Family District, as set forth in the Zoning Amendment, Original Application, dated May 26, 2020. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. 4 1'- CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2020 Subject: Application by Grandin Court Baptist Church to rezone property located at 2600 Sweetbrier Avenue SW and 0 Spring Road SW, bearing Official Tax Map Nos. 1561301 and 1 561 31 5, respectively, from IN, Institutional District, to R -7, Residential Single - Family District. Summary: The Planning Commission held a public hearing on July 13, 2020. By a vote of 7 -0, the Commission recommends approval of the rezoning request, finding that the Original Application to rezone the subject property to R -7, Residential Single- family District, is consistent with the City's goals of appropriate residential development outlined in both the Comprehensive Plan and Crandin Court Neighborhood Plan. Application Information: Request: Rezoning Applicant: TRS Grandin Court Baptist Church Owner: TRS Grandin Court Baptist Church Agent: Balzer & Associates, Inc. /Ben Crew City Staff Person: Brittany Gardner, City Planner Addresses: 2660 Sweetbriar Avenue SW, 0 Spring Road SW Official Tax Nos.: 1 561 301 , 1 561 31 5 Site Area: +/- 0.6731 acre Relevant Plans: Crandin Court Neighborhood Plan Proposed Land Use: R7, Residential Single- family Future Land Use: Single- family, Medium Density Filing Date: Original Application: May 26, 2020 Background: Grandin Baptist Church has owned the subject property for decades. Tax Map No. 1 561 301 has been in their ownership since 1980 and has operated as a parking lot. Tax Map No. 1 561 31 5 has been in their ownership since 1962 and has been operating as a mission house. The subject parcels were zoned IN, Institutional District, in 2005 as part of a comprehensive rezoning of the city. Grandin Baptist Church no longer needs the subject properties and wishes to rezone them with the intent to sell. The subject properties consist of approximately 0.52 acre that is proposed to be divided into two new lots. The reminder of the existing lots is proposed to be combined with the adjacent church -owned property. Proposed Use /Development: The Applicant wishes to remove the existing pavement /parking on Tax Map No. 1 561 31 5, and subdivide the three lots identified by Tax Map Nos. 1 561 301 , 1 561 31 5, and 1 561 31 7. Tax Map No. 1561317 is not part of the rezoning but will have the parcel boundaries it shares with Tax Map Nos. 1 561 301 and 1561315 adjusted to match Grandin Baptist Church's remaining parking lot. The proposed arrangement of the new lots is shown on Exhibit A of the application. There is no proposed development at this time. Grandin Baptist Church wishes to sell Tax Map Nos. 1 561 301 and 1 561 31 5 as residential lots. Considerations: Compatibility with Surrounding Land Uses: The Applicant intends to sell the two properties to be used and /or developed as residential, single - family homes. The use of a single - family home is compatible with the surrounding land uses, as most homes in the neighborhood are single - family residences. Applicability /Appropriateness of Proposed Zoning District: The proposed change in zoning district is appropriate and compatible with the surrounding area. The subject property is largely surrounded by R -7, Residential Single - Family District, zoning, with the exception of the Church and a Medical Office located on Brambleton Avenue zoned CN, Commercial Neighborhood District. R -7 is an appropriate zoning as the property is located in the neighborhood behind Brambleton Avenue and surrounded by residential homes. 2 it was also discussed that the location of a carport shown on the preliminary subdivision plat /development plan does not match the actual location based on site photographs. The applicant has confirmed that the development plan is correct and the location of the carport has changed since collection of the site's aerial photographs. During the Work Session, Commissioner Martin requested that staff clarify the location of the buffer needed to satisfy zoning requirements. The Applicant has verbally stated that they plan to construct a fence along the new property line to separate the parking area from the residential property. Additionally, Commissioner Glenn asked the motivation to rezone to the R -7 zoning district and only subdivide into two parcels. Staff replied that this was at the Applicant's request, although there was opportunity for more parcels and density as the preliminary plat submitted with the application is not binding. Interdepartmental Comments: General comments were provided from the West Virginia Water Authority, Planning Department, Zoning and the Building Department related to the site development process. Public Comments: Phillip Barker, a neighbor, asked about the details of the rezoning and stated he preferred the properties as permanent residential lots. Conclusions and Recommendations: The proposed development and resulting request for a change in zoning to R -7 is consistent with the Comprehensive Plan and Grandin Court Neighborhood Plan. The City supports appropriate residential uses that maintain development standards consistent with the surrounding neighborhood. The removal of the parking lot at 0 Spring Road will also reduce traffic along Spring Road and create a more appropriate transition from the Commercial Neighborhood and Institutional properties located on Brambleton Avenue to the residential neighborhoods located behind. Tina M. Carr Digitally signed by Tina M. Carr for Karri B. Atwood, Chair DN. co-Tina M. Carr for Kaoi B. for Karri B. Ao,00d, Chair' —City of Roanoke, planning Commission, Atwood, email= tina.carr @roanokeva.go0' c =D5 Char Date 30300] 15 10:06 56 0400' Karri B. Atwood, Chair City Planning Commission Enclosure: Attachment A, Zoning District Map M Distribution: Robert S. Cowell, Jr., City Manager Brent Robertson, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian D. Shaw, Planning Commission Agent Daniel J. Callaghan, City Attorney Timothy Spencer, Senior Assistant City Attorney Ben Crew, Agent ZONING DISTRICT MAP 2660 Sweetbrier Ave SW & 0 Spring Road SW Official Tax Parcels: 1561301 & 1561315 ®Area to oe Rezonea Zoning AD. Air pan Cev - CG: C ommerc is F Ger er al - CLS: Commercial -Large Site CN Commercial-Neignborhooa - D: Downtown - 1-1: Light Industrial - 42. Heavy Industrial IN Institutional NPUD Institutional Planned Unit Dev -PUD Industrial Planned Unit Dev MX: kimeo use QMXPUD. Meted Use Planned Unit Dev R -12: Res Single- Family R -3: Res Single - Family R -5: Res Sirgle -Family R -7: Res Single- Family RA Res- Agncuhural RM -1 Res Mixed Density RM -2. Res Mixed Cers Ry RMF Res MultAamAy ROS. Reaeatior and Open Soace _ OF Urban Flex Conditional Zoning v 0 75 150 Feet u F l Attachment A S y a � r � s l i S y a P 5,� Department of Planning, Building and Development Room 170, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Filing Date: May 26, 2020 ❑ x Rezoning, Not Otherwise Listed Submittal Number: Original Application ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Click Here to Print ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Address: 12660 SWEETBRIER AVENUE SW &0 SPRING ROAD SW Official Tax No(s).: 11561301 & 1561315 Existing 0 Without Conditions Ordinance Zoning: IN, Institutional ❑ With Conditions No(s). (If ❑ Planned Unit Development applicable): Requested 0 Without Conditions Proposed Zoning: R -7, Residential Single - Family ❑ With Conditions Land Use: RESIDENTIAL ❑ Planned Unit Development Property Owner In Name: TRS GRANDIN COURT BAPTIST CHURCH Phone Number: F +7(540) 774-1684 Address: 12660 BRAMBLETON AVENUE SW ROANOKE, VA 24015 E -mail Name: Address: robindent @cox.net Phone Number: E -mail: Name: BALZER &ASSOCIATES, INC. C/O BEN CREW Phone Number: F7 +1 Address: 1208 CORPORATE CIRCLE ROANOKE, VA 24018 E -mail: BCREW @BALZER.CC Signature: Department of Planning, Building and Development Room 170, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Filing Date: May 26, 2020 Submittal Number: original Application ❑ x Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District F+�� 7 17' tea Address: 12660 SWEETBRIER AVENUE SW &0 SPRING ROAD SW Official Tax No(s).: 1561301 & 1561315 Click Here to Print ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District Existing ❑x Without Conditions Zoning: IN, Institutional ❑ With Conditions ❑ Planned Unit Development Requested ❑x Without Conditions Zoning: R -7, Residential Single - Family ❑ With Conditions ❑ Planned Unit Development Ordinance No(s). (If applicable): Proposed Land Use: RESIDENTIAL Name: F TRS GRANDIN COURT BAPTIST CHURCH Phone Number: +1 (540) 774 -1684 Address: 2660 BRAMBLETON AVENUE SW ROANOKE, VA 24015 E -mail: [robindent@cox.net Name: I Phone Number: Address: E -mail: Name: BALZER & ASSOCIATES, INC. C/O BEN CREW Phone Number: +1(540)7 Address: 1208 CORPORATE CIRCLE ROANOKE, VA 24018 E -mail: B Authorized Agenrs Department of Planning, Building and Development Room 170, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Filing Date: May 26, 2020 —� Submittal Number: original Application ❑ x Rezoning, Not Otherwise Listed ❑ Rezoning, Conditional ❑ Rezoning to Planned Unit Development ❑ Establishment of Comprehensive Sign Overlay District Address: 12660 SWEETBRIER AVENUE SW & 0 SPRING ROAD SW Official Tax No(s).: 1561301 & 1561315 Existing Zoning: IN, Institutional Requested Zoning: R -7, Residential Single - Family Click Here to Print I ❑ Amendment of Proffered Conditions ❑ Amendment of Planned Unit Development Plan ❑ Amendment of Comprehensive Sign Overlay District ❑x Without Conditions ❑ With Conditions ❑ Planned Unit Development ❑x Without Conditions ❑ With Conditions ❑ Planned Unit Development Ordinance No(s). (If applicable): Proposed Land Use: RESIDENTIAL Name: TRS GRANDIN COURT BAPTIST CHURCH Phone Number: +1 (540) 774 -1684 Address: 2660 BRA\MBLETON AVENUE SW ROANOKE, VA 24015 E -mail: robindent @cox.net AV Property Owners Name: I Phone Number: Address: E -mail: Name: BALZER & ASSOCIATES, INC. C/O BEN CREW Phone Number: +1 (540) 772 -9580 -1 � Address: 1208 CORPORATE CIRCLE ROANOKE, VA 24018 E -mail: BCREW @BALZER.CC Authenzed PROJECT NARRATIVE: On behalf of Grandin Court Baptist Church, we are requesting a portion of two existing tax parcels be rezoned from IN — Institutional to R -7 Residential Single Family. During the previous comprehensive development plan /zoning changes, the zoning designations of the property were changed to institutional as these parcels were still being utilized by the church. These parcels are now surplus property that the church no longer uses these properties and are anticipated to be marketed for sale pending the current zoning amendment request. The church would like to sell these as residential properties. The proposed R -7 single family zoning designation matches the adjacent zoning designations and land uses. The proposed exhibit plan indicates the portion of the subject tax parcels to be rezoned. The existing residential house will remain on proposed Parcel A and Parcel B will be marketed with no improvements. The proposed zoning amendment request will allow Grandin Court Baptist Church to dispose of surplus property while creating compatible residential uses that match the surrounding neighborhood. This project provides opportunities for underutilized property to be renewed with suitable uses, through the appropriate zoning of these parcels. NOTES: LEGEND 1. OWNER OF RECORD: TRS GRANDIN COURT BAPTIST CHURCH • -IRON PIN FOUND O -IRON PIN SET 2. LEGAL REFERENCE: DEED BOOK 1457, PAGE 1245 3. ORIGINAL TAX MAP: /1561301, {1561315, {1561317 4. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND THERE MAY EXIST ENCUMBRANCES WHICH AFFECT THE PROPERTY NOT SHOWN HEREON. 5. PROPERTY MAY CONTAIN UNDERGROUND UTILITY SERVICE LINES. N �� 102 48 I 56p'10pp� Ir I 11 _ -W- - - I PROPOSED I 3 II PARCEL B 1 `� I II + /-a25 AC 1 O Z 1 (porhon of lox p o I porcel 1561j15) g I $ pocking 1P V' u I I � �O Bf REM fiEO 1 PROPOSED � �il � rAX PaecnL��sN31s PARCEL C I PROPOSED ZONING: R -7 I I +/ -0.87 AC ,,II , . Q (NOT INCLUDED /N REZCNLNG R "TI I N£REBY YACATfIq._ - - - -o 1 PORDON OF Ali 3 TAX PARCELS) 5 %'140OT1' l07T78" TAX PARCEL 1561317 WI existing zoning: IN 21 i PA. RCEL —m, 7561307 ) ex g rAX PROPOSED ZONING R -7 o 1 ; PROPOSED I PARCEL A +/ U7 AC (portion of tox 1 ! P- 11561301) I clry is lb W . � N64'09"G0F x.I � 11 II 126M � a I CI (PUT) L =29.76' 1 jl 1 1 -2201' 1 1 L R =7660" 1 * d =700'3755' — - - - I Chord Br Asst -2555' _ _ _ I -_ —. - - Chad Dist =25.55" � N74'46 "00E 8526" hL.— CJ (AC7LNL) SWEETBRIER AVENUE, S.W. 174'46001E 7853 1M.28' EXHIBIT A VAR /ABLE WIDTH R/W R-1660' DATE: 5 -26 -2020 21-10110'12" Chad Brg= N23'41;77Z 30 0 30 60 90 Chord 0lst =1587' 1 " = 30' THIS PROPERTY DOES NOT LIE WITHIN THE LIMITS WN OF A 100 YEAR FLOOD BOUNDARY AS DESIGNATED BY CURRENT FEMA MAPS. PROPERTY IS IN ZONE X TEL: 540 - 772 -9580 FAX: 540 - 772 -8050 UNSHADED. SEE MAP #51161CO251G (REVISED DRN:JWG PLANNERS ARnc. 120 T3 ENGINEERS SURVEYORS,, RA�r��. DATE: SEPTEMBER 28, 2007) CHK:JRM Balzer &Associates, Inc. 1208 Corporate Circle Roanoke Va. 24018 7FR Ir ASSOC I LEGAL DESCRIPTION GRANDIN COURT BAPTIST CHURCH: New R -7 Zoning Area — Portion of Tax Parcel # 1561301: Beginning at a point on the South line of Sweetbriar Avenue, S.W., said point being 76.85' East of the Point of Intersection of the South line of Sweetbriar Avenue, S.W., and the East line of Spring Road, S.W.; Thence S 19 °46'00" E a distance of 183.00' to a point; Thence S 70 °14'00" W a distance of 85.98' to a point; Thence N 10 °55'05" W a distance of 94.58' to a point; Thence N 64 °09'00" E a distance of 5.30' to a point; Thence N 25 °51'00" W a distance of 75.29' to a point; Thence with a curve turning to the right with an arc length of 29.28', with a radius of 16.60', with a chord bearing of 23 °42'37" E, with a chord length of 25.63' to a point; Thence N 74 °46'00" E a distance of 56.69' to the point of beginning; Having an area of 13,842 square feet (0.318 acre) and being the Western portion of Roanoke City, Virginia Tax Parcel 1561301 and being in The City of Roanoke, Virginia. LEGAL DESCRIPTION GRANDIN COURT BAPTIST CHURCH New R -7 Zoning Area- Portion of Tax Parcel #1561315 Corrunencing at a point on the South line of Sweetbriar Avenue, S.W., said point being 76.85' East of the Point of Intersection of the South line of Sweetbriar Avenue, S.W. and the East line of Spring Road, S.W.; Thence S 19 °46'00" E a distance of 183.00' to the Actual Point of Beginning. Thence continuing with said line S 19 °46'00" E a distance of 98.81' to a point; Thence S70 °14'00" W a distance of 101.36' to a point; Thence N 10'55'10" W a distance of 100.00' to a point; Thence N 70 °14'00" E a distance of 85.98' to the Actual Point of Beginning; Having an area of 0.212 acre (9256 square feet) and being the Western portion of Roanoke City, Virginia Tax Parcel 1561315 and being in The City of Roanoke, Virginia. ZONING DISTRICT MAP 2660 Sweetbrier Ave SW & 0 Spring Road SW Official Tax Parcels: 1561301 & 1561315 C3Area to be Rezoned Zoning AD: Airport Dev CG: Commercial - General CLS: Commercial -Large Site CN: Commercial- Neighborhood D: Downtown 1 -1: Light Industrial - 1 -2: Heavy Industrial IN: Institutional C3 INPUD: Institutional Planned Unit Dev = IPUD: Industrial Planned Unit Dev MX: Mixed Use MXPUD: Mixed Use Planned Unit Dev R -12: Res Single - Family R -3: Res Single - Family R -5: Res Single - Family R -7: Res Single - Family RA: Res - Agricultural RM -1: Res Mixed Density RM -2: Res Mixed Density RMF: Res Multifamily - ROS: Recreation and Open Space _ UF: Urban Flex — — Conditional Zoning N W E 0 75 150 Feet S �a N 6 O N � � O O S> oat 6� cn > > > O rn � cr PJ�G 0-11 O�'� 6� > O > rn Cn > o 6� W 0 N 1brolV IN M � O c5o > tN O � 1brolV IN s C; N rn LP O LQ u� O cT`O O > O 6� 6% U) A JIke !y �O� 'Q �O M N CD rn ,� s C; N rn LP O LQ u� O cT`O O > O 6� 6% U) A JIke !y �O� 'Q �O CITY OF ROANOKE - PDB Attn Tina Carr 215 CHURCH AVE ROOM 166 ROANOKE, VA 24011 Date Category 07/16/2020 Legal Notices The Roanoke Times AccountNumber Roanoke, Virginia Affidavit of Publication 6011439 L Date July 23, 2020 Description Ad Size Total Cost PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 662 L -- --- '-- ' -- - -- 6,107.44 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 PUBLIC HEARING NOTICE An was published in said newspapers on the following dates: 06/30, 07107/2020 The First insertion being given ... 06/30/2020 Newspaper reference: 0001109059 Billing Representative Sworn to and subscribed before me this Thursday, July 23, 2020 Notary Public State of Virginia, City /County of A4L My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU Tax Map No. 760168 426 Savannah Drive NE, bearing Official Tax Map No. 7060208 PUBLIC HEARING NOTICE 430 Sava Tax Ma No' 7060245 E, bearing nah Drive NE, bearing Official Tax Map No. 7060209 Tax Map No. 760170 Any public hearings advertised 434 Savannah Drive NE 551 SapNo. E bearing Official 239 Gen 9ta Court NE, bearing Official Tax Map No. 7060246 Official herein Tax Ma 7 rive bearing Official 243 Georgia Court NE, will be held in the City Council Tax Map No. 7060171 547 Savannah Drive NE bearing Official N . beanng Official p o 760247 Chamber, 4th floor, Room 450, 438 Savannah Drive NE, Noel C. bearing O�cial Taylor Municipal Building, 215 Church Tax Map No, 7060172 Avenue SW, Roanoke, Virginia, 442 Savannah Drive NE, p No. 7060111 246 Georgia Tax Ma Court NE, bearing Official 543 Savannah Drive bearing Official These bearing Official Public hearings may be conducted by Tax Map No. 7660173 electronic communication means 446 Savannah Drive NE, hearing Tax Ma 6 ? 42 Georgia Court Ng 539 Savannah Drive N Tax Map No. 7060149 bearing Official E, beating Official Tax due Official to the COVID -19 pandemic disaster, as Tax Map No. 7060174 Tax Savannah Drive NE, Permitted by Virginia Code f ta4+ No. 7060213 238 Georgia Official 535 Savannah Drive NE, bearing Drive Tax Map No. 760250 Sections 2.2. bearing official pnnah 37082(A) and 15.2.1413, Amendment 28 Tax Map No. 7060175 Tax Ma Official 234 Georgia Court NE, bearing 11 531 Savannah No. 1060251 9 Official 454 Savannah Drive NE, E' bearing B'No.N841703 Ord nance bearing Official ?0322720,ss and Tax Map No. 7060176 Resolution 458 Savannah Drive NE, bearing No. 41704 - 032720. T Ma Official 30 Geop o. 706r0215 Tax No Court NE, bearing Official 527 Savannah Drivr- NE, bearing Official No. )060252 All 126 C Official p No. 70602.16 -or persons shall Tax Map No. 7060177 Tax Ma nrn a Court NE, bearing 523 Savannah Drive Official Opportunity i be afforded an 462 Savannah Drive NE P No. 7060253 ty to speak and E' bearing Official state their bearing Official Views concerning all aspects of these Tax Map No. 7060178 M atters. 466 Savannah Drive p j 222 Georgia Court NE, Tax Ma bearing Official Tax 519 Savannah Drive NE, bearing N Tax Map No. 7060179 E, bearing Official Any applications will 470 Savannah Drive Tax Map No. 7060118 Official 218 Georgia Court NE, bearing 515 Savannah E bearing Tax Map No. 5 Official be digitally NE, beating Official available for review online or may be Tax Map No. 1060180 obtained digitally b 474 Savannah Drive NE, Tax Ma 9 Official 214 Georgia Court o. 7 60119 Court NF a 511 Savannah Drive N Tax Ma N wring Official bearing Official bearing Official Plannin y emailing Tax Ma 9 s roanpkeva ov. P No. 7060181 478 Savannah Drive NE, bearing Tax fAa p No. 7060120 2 Georgia Ct1060 NE, 507 Savannah Drive N Tax Map No. 7060257 bearing official Tax E bearing Official Official Map No. 7060221 The City of i:oanoke Plannin Tax Map No. 7060182 503 Savannah Drive N Oommission will hold a 502 Savannah Drive NE, bearing E bearing Official 26 Georgia Court NE, Tax Map No. 7060258 bearing Official public hearing Official on July 13, 2020, at 1:30 m., g Tax Map No. 760183 lobe 56 Savannah Drive thereafter as the matters Tax Map No. 7060222 483 Sa Drive3 E, bearing 202 Geor i Tax Ma No Court NE, bearing Official P o. 7060259 ma NE bearing Official heard, to consider the following Tax Map No. 7060184 Tax av g Official P No. 479 Savannah Drive NE, bearing She land use categories 510 Savannah Drive NE, matters and proposed amendments to bearing Official Chapter 36.2, Zoning, and Chapter 31.1, Tax Map No. 7060185 Subdivisions. All persons wishing 514 Savannah Drive NE, bearing Official permitted in R- Tax Map No. 7060224 District include r 475 SapNo X Drive NE, bearing Official comm ons and liviial; to Official address the Planning Commission must Tax Map No. 7060186 sign-up with the Secretary 518 Savannah Drive NE, bearing Tax tea' 25 471 Savannah Drive N E bearing Official group livin commercial; p ercial; utility 9' SlruChrreS; animal Usec an t to the Official Planning Commission by emailing 522 Savannah Drive NE, bearing plann;np:aroanokeva. Pv 9 or by calling Tax Map No. 7060226 uses; and accessn and agricultuta accessory; with a maxim 467 Savannah NE bearing Official dwell uni Tax Ma g unif official (540)853 -1330 by noon, Friday, July 10, Tax A4ap No. 7060188 2020. Persons who register 526 Savannah Drive NE P No. 706022 squiar °Y feet per 5.000 of lo! 463 Savannah Drive N maximum Ilopr area and no fl area bearing Official to speak bearing Official will be provided with information to Tax Map No. 7060189 present their testimony 530 Savannah Drive NE, Tax Map No. 1060228 The Com ratio specified. Property for Plan designates 459 Savannah Drive NE, bearing Official y single family, via electronic bearing Official communication means in the event the Tax Map No. 7060190 public hearing is 534 Savannah Drive is Tax Map No. 7060229 de' medium 455 Savannah Drive N y The proposed use of the propert ies remain E bearing conducted using NE, bearing electronic g Official g T� Map No. 7060191 ax Ma Official P No. 7066230 detachrd single. family dwellings. Written comments of means. 538 Savannah Drive NE, bearing Official interested Tax Map No. 7060192 will 451 Sap No. 706023 NE bearing Official Application by Northbridge Pro Tax Ma Secretary t 542 Savannah Drive N the Planning Commission E, bearing official at planning aroanakeva.gov Tax Map No. 760193 Tax tad E bearing Official Tax Sap No. 7060232 a i� -, previously P rt _: Lrev to rezone and repeal all condition; previousi d as on or prior to 1:00 p.m., Friday, July 10, 2020. All 546 Savannah Drive NE bearing Official Persons shall be Tar Map No. 7060194 443 Savannah Drive N Tax Map No, 7060233 E bearing Offcial re pdtf nl previous Peters gs for Property located at 2006 Creek Road afforded an Opportunity to speak and state their 550 Savannah Drive NE bearing Official views concerning Tax Map No. 7060195 439 Savannah Drive N Tax Map No. 1060234 E bearing Official NW, 4425 Northwood Drive NW, 4431 Northwood Drive NW, and a all aspects of these matters. 554 Savannah Drive NE, bearing Official Tax Map No. 7060196 Savannah 435 o. 7060235 E bearing Official T Ma Creek Road NW pprtton of 2032 peter; Ma N bearin P os. 6140612, g Official Tax 6140610, Application by Glade Creek 558 Savannah Drive NE bearing Official Development LIC, Tax Map No. 7050197 431 Savannah Drive NE, bearin 9Offcial Tax Map No. 7060236 and fi141463, r , 6I40r,09. 'pectively, from CG Comm mmercial- General to rezone and repeal the single condition proffered as 562 Savannah Drive NE, bearing Official part l a previous rezoning Tax Map No. 7060198 125 Brenda Way N Tax Map No. 7060113 bearing Official District R -1 Residential Singte•Family District; and CG. Commercial•General adopted through the enactment of Ordinance 56 Savannah Drive NE, bearing Official Tax Ma 40007- 072114 for p No. 760199 583 Sap No. 760260 Tax Ma bearing Official District, with conditions. to vqt , Commercial- La District, with the following below properties located as indicated belo 570 Savannah Drive NE, bearing Official Tax Map No. 760200 from MXPUD, Mixed Use Planned 487 Savannah Drive NE bearing Tax Map No. 760261 0 Official conditions. conditions. All enacm conditions previously adopted through enactment of Ordinance Unit Development to R•5, Residential Single- 574 Savannah Drive NE, bearing Family District: Tax Map No. 760201 g Official 263 Georgia Court NE bearing official Tax Map No. 7060237 #28339 are proposed for repeal on a Property located at 2031 Peters of 5785avannah Drive NE, bearing Official 402 Savannah Drive NE, bearing Tax Map No. 760202 207 Georgia Court NE, Tax Map No. 7060298 bearing Official 6141 NN1, bearing eter> Creek 61.41403. Aq 9 off +vial Tax Map No. conditions Official Tax Map No. 760163 579 Savannah Drive N 46 savannah Drive NE bearing Tax Map Savannah Drive E, bearing Official 211 Georgia Court NE, bearing Official Tax Map No. 760239 adopted previously enactment pl Ordinance „135253 h 040.61 Official Tax Map No. 7060164 575 Savannah Drive N� bearing Official 410 Savannah Drive NE, bearing Tax Map No. 760204 215 Georgia Tax Ma E bearing Offciat p No. 760240 for re are proposed peal On property located at 4431 Northwood Drive Official Tax Map No. 760165 571 Savannah Drive N E bearing official 414 Savannah Drive NE, bearing Tax Map No. 7060205 Georgia Tax No Court NE, bearing Official p N0. 760241 NW and 4425 Taxt AMood Drive NW bearing official P Nos. 6140609 Official Tax Map No. 760166 567 Savannah Drive NE, bearing Official 418 Savannah Drive NE bearing Tax Map No. 760206 223 Georgia Court N Tax Ma p No. 7060242 bearing Official resPectivei and 6140610, in The land use cats pries Permitted in the CLS Official Tax Map No. 7060167 563 Savannah Drive NE, bearing Official a22 Savannah Drive NE, bearing Tax Map No. 7060207 227 Georgia yioa Court 43 bearing Official Tax Ma District leg hide r sidential; accommodations group living; commercial; 9 Offcial 559 Savannah Drive NE, bearing Official 231 Grp N!o. 7060244' bearing Tax Ma 9 Official industrial: assembly and entertainment, public, instituGOn4 and 235 Georgia Court NE, bearing Official community fa- iiliii ar_cessartation: utility; agricultural; and rY. with no maximum density. The comprehensive plan designates the property for commercial and single family residential uses. The proposed use of the properties remain motor vehicle sales and service establishment, new and used. Application by Grandin Court Baptist Church to rezone property located at 2600 Sweetbrier Avenue SW and 0 Spring Road SW, bearing official Tax i respectively, 1fom01 d IN. District, Family District.' ReThentiland Inuse categories permitted in the R -7 District include residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 7,000 square feet The comprehensive plan designates the property for single family, medium density. The proposed use of the properties is single - family residential. Proposed amendments to Chapter 362, Zoning, of the Code of the City of Roanoke, (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning such consistent h amendments not ico constituting ng code, comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted: 1. Sec. 36.2.205, Dimensional regulations, and Table 205 -2, Requirements, t Maximum correct the Front mount of t building facade that must be situated within the maximum front yard as 8 noted in the exception. residential districts, tosadd Borrow for fill site and Composting Facility as special exception uses in the RA district. 3. Sec. 36.2.315, Use table for multiple to fix scrivener's error for Internet sales establishment and add Borrow or Fill Site as a special exception use in the MX, CN, CG, CLS, 0, IN, ROS, and OF districts. 4. Sec. 362 -322, Use table for industrial districts, to add Borrow or the 1 -1, 12,aand AD districts; tosadd Composting Facility as a special exception use in the 1.1 District; to modify the descriptor for the ncludecthenshr ddingporr grindi g of wood to create mulch; and to include a reference to supplemental regulations fora Workshop. 5. Sec. 36.2.327, Use table for planned unit development districts, to add Dwelling, single - family attached; Dwelling, single - family detached; Dwellinu• two - Family; Dwelling, multifamily; Dwelling, townhouse or rowhcuse; Hotel or motel; Live -work unit; Mixed -use building; Amusement, commercial, indoor; Educational facilities, school for the arts; Fire, Police, or emergency services; Library; Supply pantry as permitted uses in the IPUD district. Add Outdoor recreation facility lighting or sports stadium lighlind as a special exctptnn ow- in the IPUD district. Add Government offices nr other government facility, nr;t otherwise listed, Broadcasting Studio or station as permitted uses in the MXPUD district. Add Broadcasting tower as a special exception use in the MXPUD district. Add workshop; Amusement, commercial, outdoor; Microbrewery or microdistillery as Permitted uses in MXPUD and IPUD districts. Add Borrow or Fill Site as a Permitted use in MXPUD, INPUD, and IPUD districts. 6. Sec. 36.2-410.1, Fill or Borrow Sites, to establish supplemental regulations related to the criteria for reviewing . establishing, and operating a borrow or fill site, including type of fill material, grading and drainage, operating times, storage of equipment, and reclamation. 7. Sec, 36.2-4072, Comp[sting regulations onstorelatedbtohtheucriterianfor reviewing, establishing, and operating ii composting facility, including compliance with applicable state regulations, providing details on operations and materials to be composted, implementing and updating an operations plan, and final approval of a composting facility by he state prior to issuance of a certificate of occupancy. dd requirements for Storage, orstorageof bulk iateria)s, including but not limited to and, gravel, mulch, or soil. 9. Sec. 362-429, Temporary uses an Table 429 -1, to change the column titles "Maximum Number per Calenda Year for Lot" to "Maximum Frequency Per Lot" and update time frame fo each use accordingly and to ad Temporary, short -term filling, grading, ar borrov+ op ^ration, subject to subsection (f) below as a temporary use. 10 -Sec. 36.2 -429, Temporary uses, to add off -site fill sites or borrow sites associated with a specific construction site as temporary construction- related activity and to add a definition and Parameters of operation for a Temporary, short-term filling, grading, or borrow operation,. 11. Sec. 36.2.552, Basic development plans, to reverse the order of items (3) and (4) so the section reads more clearly. 12. Sec. 36.2 -553, Comprehensive development plans, to clarify that an initial review will occur to determine if a plzn is rorntalet?. C'nu: d,tcrmincd to be complete, the plan review will be completed within 12 business days, m resulting in comments regarding g information, errors, required revisions, etc, or that the plan is sufficient and is approved. 13-Sec. 36.2.630, General development standards, to add bicycle facilities to the list of right•of-t".�ay tmprovities t), drat may be required by the !,gent to tflc Planning Commission and that the Agent to the Planning Commission nrry rr_qulra rernnvof or ngplacr_ment of wren nrti•, d�veloprnent nieeessitartes ur no longer requires such improvements . l4.Sec. s6.2 -6.2, General landscaping and screening standards, te, update• a reference to the Tree List, to update the reference to the trade association that publishes standards for vegetative PI, and to clarify that the Zoning Administrate may limit Plantings or I"?" to close proxirnrty to Sevier tines and laterals. 15. Sec. 36.2.643, Preservation of existing landscape features, to update a referthe" to the Tree List anrf to allow the Zoning Administnfor to establish credits for existing trees to t'° fresrr.n[1 ir,�e tfiut are nr{ included in the 1 nee List. 16. Sec. 36.2.648, Parking area landscaping, to update a reference to the Tree List. 17.Sec. 362 -652, Minimum parking ant Table 652 -2, Required Parking Spaces, n increase file decimal places in the number of parking spaces required for Dwelling• single-family attached; Dmulhfagit , two-family; Dwelling . y eideriv (irtenrled and designed exclusively to house the elderly)'. Dwelling, multifamily, other than elderly dwelling: and Townhouse or row house; and to replace the Parking standard for mini•warehnuses d with a standard for Selt•strage buildings and Self. storage facilities. r 18.5ec. 36.7 -661, Applicability. to r amend to increase the size of d temporary real estate sions from six to 12 square feet in the RA,-R-121 R -7. R -51 R-3. RM -t, and RM -2 districts; to increase the size of temporary off•site real estate signs from five to 12 square I'll; and increase the size of temporary construction signs from six 5. R• to - square feet in the RA, R -12, R -7, R. 3, RM -1, and RM -2 districts. 19-Sec. 36.2 -662, Definitions, to add definition of a feather sign. 20-Sec• 36,.2.563. Prohibit_d signs, to expand the prohibition on animated signs to include feather signs. 21.Sec. 36.2 -664, Zoning permits far signs, to expand exemption for signs not requiring a permit t those set forth in sec 363-2-673(a) 22.1ec. 36.2 -673, Temporary on. premises signs, to delete Table 673 -1 . it mporary ,inns: Plaainllrn Squa,. rootage of Sign Arcs: rp pennon, temporary signs in idulnPir- Purpo_ ;,, Industrial and Planned Unit Development districts, subject to limits Off size, hei ht, dis I g number cf sign, p ayntl, and m,"imllm nni- irnit4 for temp"var, signs; and to Provide addibonr,l requirements and limits for inflatable, laser light, or image Pror,',on, or search light or beacon s gns. 23.Appendix rt, t�rfmRinns. t -" ^i.:r.tify dehnihen of Composting Facility, and to add definition for Borrow or fill Site. 24.Afrpendi =. N t, ea sic Dt.elupmcni Plan, to add requirement that Zoning Administrator may require a hash development plan to be required by a design professional; to allow tht Zoning Administrator rather than the Agent to the Planning Commission waive standards for a basic development plan; to require that existing and proposed improvements in the right-cf=:.ay and proposed waterlines, 5ewcr lateral,. or septic systems be induderi on a plan; and tc clarify applicability of "agreements in NOD of an ern,ioi' and sediment ents ... plan. Proposed arne-ndments to Chapter 31.1, Subdwisians, of the Code of the City of Roanoke (1479), as amended: 25.5ection 31.1 -203, Subdivision application, review, and approval, update to require electronic submissions, excepting final signature sets to be recrrrded. 26-Section 31.1 -400, Standards for streets, add current Virginia Department of Transportation reference documents and most applicable sections for use by the Subdivision Agent; update Tables 400 1 and 400.2 to reflect standards for streets with average daily traffic (ADT) greater than 4,000; and note that bicycle accommodations may be required on collector and arterial streets; include specific reference for Americans with Disabilities Act (ADA) compliance; and 27.APpendix 8-4, Requirements far final subdivision site plan, add requirement to show average daily traffic (ADT) ter street and to show sit,, distance for entrances when directed by the Subdivision Agent The ordinances adopting the amendments described above shall be effective upon adoption by the City Counr.if for the City of Roanoke. The proposed amendments are digitally available for review online or plane n obtainerl digitally by emailing g ruanokeva.gov. Tina M. Carr, Secretary, City Planning Commission City council 'ill hold on the aforesaid mdi ers and proposed amendments to Chapter 36.2, Zoning, and Chapter 31.1, Subdivisions, on July. 20, 2020, at 7:00 p.M­ or as soon thereafter as th e matters may be heard, in the city Council Chamber, fourth Mufloor, Room 450. Noel C. Taylor SW Muni floor, Building, 215 Church Avenue , Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend should contact the the City ty Clerk's office at (5.70) 853 2s4i at least five days poor to the scheduled public hearings Cecelia F. McCoy, CMC, City Clerk (1109059) PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, 4th floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster, as permitted by Virginia Code Sections 2.2- 3708.2(A) and 15.2 -1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41703- 032720, and Resolution No. 41704- 032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications wi11 be digitally available for review online or may be obtained digitally by emailing The City of Roanoke Planning Commission will hold a public hearing on July 13, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters and proposed amendments to Chapter 36.2, Zoning, and Chapter 31.1, Subdivisions. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by emaili ,i.���,�_ or by calling (540)853 -1330 by noon, Friday, July 10, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at p1:11111111 1 .i ' � t,, on or prior to 1:00 p.m., Friday, July 10, 2020. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Application by Glade Creek Development, LLC, to rezone and repeal the single condition proffered as part of a previous rezoning adopted through the enactment of Ordinance 40007- 072114 for the following properties located as indicated below from MXPUD, Mixed Use Planned Unit Development, to R -5, Residential Single - Family District: 402 Savannah Drive NE, bearing Official Tax Map No. 7060163 406 Savannah Drive NE, bearing Official Tax Map No. 7060164 410 Savannah Drive NE, bearing Official Tax Map No. 7060165 414 Savannah Drive NE, bearing Official Tax Map No. 7060166 418 Savannah Drive NE, bearing Official Tax Map No. 7060167 422 Savannah Drive NE, bearing Official Tax Map No. 7060168 426 Savannah Drive NE, bearing Official Tax Map No. 7060169 430 Savannah Drive NE, bearing Official Tax Map No. 7060170 434 Savannah Drive NE, bearing Official Tax Map No. 7060171 438 Savannah Drive NE, bearing Official Tax Map No. 7060172 442 Savannah Drive NE, bearing Official Tax Map No. 7060173 446 Savannah Drive NE, bearing Official Tax Map No. 7060174 450 Savannah Drive NE, bearing Official Tax Map No. 7060175 454 Savannah Drive NE, bearing Official Tax Map No. 7060176 458 Savannah Drive NE, bearing Official Tax Map No. 7060177 462 Savannah Drive NE, bearing Official Tax Map No. 7060178 466 Savannah Drive NE, bearing Official Tax Map No. 7060179 470 Savannah Drive NE, bearing Official Tax Map No. 7060180 474 Savannah Drive NE, bearing Official Tax Map No. 7060181 478 Savannah Drive NE, bearing Official Tax Map No, 7060182 502 Savannah Drive NE, bearing Official Tax Map No. 7060183 506 Savannah Drive NE, bearing Official Tax Map No. 7060184 510 Savannah Drive NE, bearing Official Tax Map No. 7060185 514 Savannah Drive NE, bearing Official Tax Map No. 7060186 518 Savannah Drive NE, bearing Official Tax Map No. 7060187 522 Savannah Drive NE, bearing Official Tax Map No. 7060188 526 Savannah Drive NE, bearing Official Tax Map No. 7060189 530 Savannah Drive NE, bearing Official Tax Map No. 7060190 534 Savannah Drive NE, bearing Official Tax Map No. 7060191 538 Savannah Drive NE, bearing Official Tax Map No. 7060192 542 Savannah Drive NE, bearing Official Tax Map No. 7060193 546 Savannah Drive NE, bearing Official Tax Map No. 7060194 550 Savannah Drive NE, bearing Official Tax Map No. 7060195 554 Savannah Drive NE, bearing Official Tax Map No. 7060196 558 Savannah Drive NE, bearing Official Tax Map No. 7060197 562 Savannah Drive NE, bearing Official Tax Map No. 7060198 566 Savannah Drive NE, bearing Official Tax Map No. 7060199 570 Savannah Drive NE, bearing Official Tax Map No. 7060200 574 Savannah Drive NE, bearing Official Tax Map No. 7060201 578 Savannah Drive NE, bearing Official Tax Map No. 7060202 579 Savannah Drive NE, bearing Official Tax Map No. 7060203 575 Savannah Drive NE, bearing Official Tax Map No. 7060204 571 Savannah Drive NE, bearing Official Tax Map No. 7060205 567 Savannah Drive NE, bearing Official Tax Map No. 7060206 563 Savannah Drive NE, bearing Official Tax Map No. 7060207 559 Savannah Drive NE, bearing Official Tax Map No. 7060208 555 Savannah Drive NE, bearing Official Tax Map No. 7060209 551 Savannah Drive NE, bearing Official Tax Map No. 7060210 547 Savannah Drive NE, bearing Official Tax Map No. 7060211 543 Savannah Drive NE, bearing Official Tax Map No. 7060212 539 Savannah Drive NE, bearing Official Tax Map No. 7060213 535 Savannah Drive NE, bearing Official Tax Map No. 7060214 531 Savannah Drive NE, bearing Official Tax Map No. 7060215 527 Savannah Drive NE, bearing Official Tax Map No. 7060216 523 Savannah Drive NE, bearing Official Tax Map No. 7060217 519 Savannah Drive NE, bearing Official Tax Map No. 7060218 515 Savannah Drive NE, bearing Official Tax Map No. 7060219 511 Savannah Drive NE, bearing Official Tax Map No. 7060220 507 Savannah Drive NE, bearing Official Tax Map No. 7060221 503 Savannah Drive NE, bearing Official Tax Map No. 7060222 483 Savannah Drive NE, bearing Official Tax Map No. 7060223 479 Savannah Drive NE, bearing Official Tax Map No. 7060224 475 Savannah Drive NE, bearing Official Tax Map No. 7060225 471 Savannah Drive NE, bearing Official Tax Map No. 7060226 467 Savannah Drive NE, bearing Official Tax Map No. 7060227 463 Savannah Drive NE, bearing Official Tax Map No. 7060228 459 Savannah Drive NE, bearing Official Tax Map No. 7060229 455 Savannah Drive NE, bearing Official Tax Map No. 7060230 451 Savannah Drive NE, bearing Official Tax Map No. 7060231 447 Savannah Drive NE, bearing Official Tax Map No. 7060232 443 Savannah Drive NE, bearing Official Tax Map No. 7060233 439 Savannah Drive NE, bearing Official Tax Map No. 7060234 435 Savannah Drive NE, bearing Official Tax Map No. 7060235 431 Savannah Drive NE, bearing Official Tax Map No. 7060236 125 Brenda Way NE, bearing Official Tax Map No. 7060113 583 Savannah Drive NE, bearing Official Tax Map No. 7060260 487 Savannah Drive NE, bearing Official Tax Map No. 7060261 203 Georgia Court NE, bearing Official Tax Map No. 7060237 207 Georgia Court NE, bearing Official Tax Map No. 7060238 211 Georgia Court NE, bearing Official Tax Map No. 7060239 215 Georgia Court NE, bearing Official Tax Map No. 7060240 219 Georgia Court NE, bearing Official Tax Map No. 7060241 223 Georgia Court NE, bearing Official Tax Map No. 7060242 227 Georgia Court NE, bearing Official Tax Map No. 7060243 231 Georgia Court NE, bearing Official Tax Map No. 7060244 235 Georgia Court NE, bearing Official Tax Map No. 7060245 239 Georgia Court NE, bearing Official Tax Map No. 7060246 243 Georgia Court NE, bearing Official Tax Map No. 7060247 246 Georgia Court NE, bearing Official Tax Map No. 7060248 242 Georgia Court NE, bearing Official Tax Map No. 7060249 238 Georgia Court NE, bearing Official Tax Map No. 7060250 234 Georgia Court NE, bearing Official Tax Map No. 7060251 230 Georgia Court NE, bearing Official Tax Map No. 7060252 226 Georgia Court NE, bearing Official Tax Map No. 7060253 222 Georgia Court NE, bearing Official Tax Map No. 7060254 218 Georgia Court NE, bearing Official Tax Map No. 7060255 214 Georgia Court NE, bearing Official Tax Map No. 7060256 210 Georgia Court NE, bearing Official Tax Map No. 7060257 206 Georgia Court NE, bearing Official Tax Map No. 7060258 202 Georgia Court NE, bearing Official Tax Map No. 7060259 The land use categories permitted in R -5 District include residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 5,000 square feet of lot area and no maximum floor area ratio specified. The Comprehensive Plan designates the property for single family, medium density. The proposed use of the properties remain detached single - family dwellings. Application by Northbridge Properties, LLC, to rezone and repeal all conditions previously proffered as part of previous rezonings for property located at 2006 Peters Creek Road NW, 4425 Northwood Drive NW, 4431 Northwood Drive NW, and a portion of 2032 Peters Creek Road NW, bearing Official Tax Map Nos. 6140612, 6140610, 6140609, and 6141403, respectively, from CG, Commercial - General District; R -7, Residential Single- Family District; and CG, Commercial - General District, with conditions, to CLS, Commercial -Large Site District, with conditions. All conditions previously adopted through enactment of Ordinance #28339 are proposed for repeal on a portion of property located at 2032 Peters Creek Road NW, bearing Official Tax Map No. 6141403. All conditions previously adopted through enactment of Ordinance #35253- 040201 are proposed for repeal on property located at 4431 Northwood Drive NW and 4425 Northwood Drive NW, bearing Official Tax Map Nos. 6140609 and 6140610, respectively. The land use categories permitted in the CLS District include residential; accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with no maximum density. The comprehensive plan designates the property for commercial and single family residential uses. The proposed use of the properties remain motor vehicle sales and service establishment, new and used. Application by Grandin Court Baptist Church to rezone property located at 2600 Sweetbrier Avenue SW and 0 Spring Road SW, bearing Official Tax Map Nos. 1561301 and 1561315, respectively, from IN, Institutional District, to R -7, Residential Single - Family District. The land use categories pennitted in the R -7 District include residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 7,000 square feet. The comprehensive plan designates the property for single family, medium density. The proposed use of the properties is single- family residential. Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted: 1. Sec. 36.2 -205, Dimensional regulations, and Table 205 -2, Application of Maximum Front Yard Requirements, to correct the amount of building facade that must be situated within the maximum front yard as noted in the exception. 2. Sec. 36.2-311, Use table for residential districts, to add Borrow or fill site and Composting Facility as special exception uses in the RA district. 3. Sec. 36.2 -315, Use table for multiple purpose districts, to fix scrivener's error for Internet sales establishment and add Borrow or Fill Site as a special exception use in the MX, CN, CG, CLS, D, IN, ROS, and OF districts. 4. Sec. 36.2 -322, Use table for industrial districts, to add Borrow or Fill Site as a special exception use in the I -1, I -2, and AD districts; to add Composting Facility as a special exception use in the I -1 District; to modify the descriptor for the Manufacturing: Wood products use to include the shredding or grinding of wood to create mulch; and to include a reference to supplemental regulations for a Workshop. 5. Sec. 36.2 -327, Use table for planned unit development districts, to add Dwelling, single - family attached; Dwelling, single - family detached; Dwelling, two - family; Dwelling, multifamily; Dwelling, townhouse or rowhouse; Hotel or motel; Live -work unit; Mixed -use building; Amusement, commercial, indoor; Educational facilities, school for the arts; Fire, police, or emergency services; Library; Supply pantry as permitted uses in the IPUD district. Add Outdoor recreation facility lighting or sports stadium lighting as a special exception use in the IPUD district. Add Government offices or other government facility, not otherwise listed; Broadcasting studio or station as pennitted uses in the MXPUD district. Add Broadcasting tower as a special exception use in the MXPUD district. Add workshop; Amusement, commercial, outdoor; Microbrewery or microdistillery as permitted uses in MXPUD and IPUD districts. Add Borrow or Fill Site as a permitted use in MXPUD, INPUD, and IPUD districts. 6. Sec. 36.2 - 410.1, Fill or Borrow Sites, to establish supplemental regulations related to the criteria for reviewing, establishing, and operating a borrow or fill site, including type of fill material, grading and drainage, operating times, storage of equipment, and reclamation. 7. Sec. 36.2- 407.2, Composting Facilities, to establish supplemental regulations related to the criteria for reviewing, establishing, and operating a composting facility, including compliance with applicable state regulations, providing details on operations and materials to be composted, implementing and updating an operations plan, and final approval of a composting facility by the state prior to issuance of a certificate of occupancy. 8. Sec. 36.2 -423, Outdoor storage, to add requirements for storage of bulk materials, including but not limited to sand, gravel, mulch, or soil. 9. Sec. 36.2 -429, Temporary uses and Table 429 -1, to change the column titles "Maximum Number per Calendar Year for Lot" to "Maximum Frequency per Lot" and update time frame for each use accordingly and to add Temporary, short-term filling, grading, or borrow operation, subject to subsection (f) below as a temporary use. 10. Sec. 36.2 -429, Temporary uses, to add off -site fill sites or borrow sites associated with a specific construction site as temporary construction - related activity and to add a definition and parameters of operation for a Temporary, short -term filling, grading, or borrow operation. 11. Sec. 36.2 -552, Basic development plans, to reverse the order of items (3) and (4) so the section reads more clearly. 12. Sec. 36.2 -553, Comprehensive development plans, to clarify that an initial review will occur to determine if a plan is complete. Once determined to be complete, the plan review will be completed within 12 business days, resulting in comments regarding missing information, errors, required revisions, etc. or that the plan is sufficient and is approved. 13. Sec. 36.2 -630, General development standards, to add bicycle facilities to the list of right -of- way improvements that may be required by the Agent to the Planning Commission and that the Agent to the Planning Commission may require removal or replacement of existing right - of -way improvements when new development necessitates or no longer requires such improvements. 14. Sec. 36.2 -642, General landscaping and screening standards, to update a reference to the Tree List, to update the reference to the trade association that publishes standards for vegetative plantings, and to clarify that the Zoning Administrator may limit plantings of trees in close proximity to sewer lines and laterals. 15. Sec. 36.2 -643, Preservation of existing landscape features, to update a reference to the Tree List and to allow the Zoning Administrator to establish credits for existing trees to be preserved trees that are not included in the Tree List. 16. Sec. 36.2 -648, Parking area landscaping, to update a reference to the Tree List. 17. Sec. 36.2 -652, Minimum parking and Table 652 -2, Required Parking Spaces, to increase the decimal places in the number of parking spaces required for Dwelling, single- family attached; Dwelling, two - family; Dwelling, multifamily; elderly (intended and designed exclusively to house the elderly); Dwelling, multifamily, other than elderly dwelling; and Townhouse or row house; and to replace the parking standard for mini- warehouses with a standard for Self - storage buildings and Self - storage facilities. 18. Sec. 36.2 -661, Applicability, to amend to increase the size of temporary real estate signs from six to 12 square feet in the RA, R -12, R -7, R -5, R -3, RM -1, and RM -2 districts; to increase the size of temporary off -site real estate signs from five to 12 square feet; and increase the size of temporary construction signs from six to 12 square feet in the RA, R -12, R -7, R -5, R -3, RM -1, and RM -2 districts. 19. Sec. 36.2 -662, Definitions, to add definition of a feather sign. 20. Sec. 36.2 -663, Prohibited signs, to expand the prohibition on animated signs to include feather signs. 21. Sec. 36.2 -664, Zoning permits for signs, to expand exemption for signs not requiring a permit to those set forth in Sec 363.2- 673(a). 22. Sec. 36.2 -673, Temporary on- premises signs, to delete Table 673 -1. Temporary Signs: Maximum Square Footage of Sign Area; to permit temporary signs in Multiple Purpose, Industrial and Planned Unit Development districts, subject to limits on size, height, number of signs displayed, and maximum time limits for temporary signs; and to provide additional requirements and limits for inflatable, laser light, or image projection, or search light or beacon signs. 23. Appendix A, Definitions, to modify definition of Composting Facility, and to add definition for Borrow or Fill Site. 24. Appendix B -1, Basic Development Plan, to add requirement that Zoning Administrator may require a basic development plan to be required by a design professional; to allow the Zoning Administrator rather than the Agent to the Planning Commission waive standards for a basic development plan; to require that existing and proposed improvements in the right -of -way and proposed waterlines, sewer laterals, or septic systems be included on a plan; and to clarify applicability of agreements in lieu of an erosion and sediment control plan. Proposed amendments to Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended: 25. Section 31.1 -203, Subdivision application, review, and approval, update to require electronic submissions, excepting final signature sets to be recorded. 26. Section 31.1 -400, Standards for streets, add current Virginia Department of Transportation reference documents and most applicable sections for use by the Subdivision Agent; update Tables 400 -1 and 400 -2 to reflect standards for streets with average daily traffic (ADT) greater than 4,000; and note that bicycle accommodations may be required on collector and arterial streets; include specific reference for Americans with Disabilities Act (ADA) compliance; and 27. Appendix B -4, Requirements for final subdivision site plan, add requirement to show average daily traffic (ADT) for street and to show site distance for entrances when directed by the Subdivision Agent. The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. The proposed amendments are digitally available for review online or may be obtained digitally by ema'ling Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters and proposed amendments to Chapter 36.2, Zoning, and Chapter 31.1, Subdivisions, on July 20, 2020, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Cecelia F. McCoy, CMC, City Clerk Please publish in newspaper on Tuesday, June 30, 2020, and Tuesday, July 7, 2020 Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/853 -1730 f,cc�i..?li�" Please send affidavit of publication to: Cecelia F. McCoy, CMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 CECELIA F. hICCOY, C11C Cite Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerk(n roanoke%a.goN July 7, 2020 Ben Crew, L.A. Balzer & Associates, Inc. 1208 Corporate Circle, S. W. Roanoke, Virginia 24014 Dear Mr. Crew: CECELIA T. NVEBB, CHIC Deputy Cih Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, July 13 at 1:30 p.m. in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Grandin Court Baptist Church to rezone property located at 2600 Sweetbrier Avenue, S.W., 0 Spring Road, S. W., respectively, from Institutional District, to Residential Single- Family District. (See copy of the Public Hearing Notice attached.) This public hearing will be conducted by electronic communication means due to the COVID -19 pandemic disaster, as permitted by Virginia Code Sections 2.2- 3708.2(A) and 15.2 -1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41703- 032720, and Resolution No. 41704 - 032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, July 20 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www. roan okeva.gov, under "Roanoke Planning Commission News ", following its meeting on Monday, July 13. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure c: Margaret S. Rolley, Trustee, Grandin Court Baptist Church, 2660 Brambleton Avenue, S. W. Roanoke, Virginia 24015 CECELIA F. hICCON, CHIC City Clerk Ladies and Gentlemen; CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerks roanokeca.gov July 7, 2020 CECELIA T. WEBB, CI:IC Depute Cite Clerk A public hearing has been advertised to be heard by the City Planning Commission on Monday, July 13 at 1:30 p.m. in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Grandin Court Baptist Church to rezone property located at 2600 Sweetbrier Avenue, S. W., and 0 Spring Road, S. W., respectively, from Institutional District, to Residential Single - Family District. (See copy of the Public Hearing Notice attached.) This public hearing will be conducted by electronic communication means due to the COVID -19 pandemic disaster, as permitted by Virginia Code Sections 2.2- 3708.2(A) and 15.2 -1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41703- 032720, and Resolution No. 41704 - 032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, July 20 at 7:00 p.m. before the Roanoke City Council, conducted by electronic communication means, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on July 13. This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure Adjoining Property Owners /Interested Party July 7, 2020 Page 2 Bryan L. and Katie L. Carrol Atlan, LLC Lisa J. Puckett Robert Woodward David R. Doubman IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGIN IA The 20th day of July, 2020. No. 41816 - 072020. AN ORDINANCE amending and reordaining Section 31.1 -203, Subdivision application, review, and approval; Section 31.1 -400, Standards for streets; and Appendix B, B -4, Requirements for final subdivision site plan; of Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended, and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 31.1 -203. - Subdivision application, review, and approval. (a) For review of a concept plan, the subdivider shall submit a plan showing the proposed subdivision and any other supporting information the subdivider wishes to be evaluated. (b) To obtain approval of a preliminary subdivision plat and plan, the subdivider shall submit a preliminary subdivision application consisting of the following items to the subdivision agent for review and approval: (1) Completed application form; (2) Electronic version of the preliminary subdivision plat and the preliminary subdivision site plan in a format specified by the subdivision agent; and (3) Applicable review fees. (c) To seek approval of a final subdivision plat, the subdivider shall submit a subdivision application consisting of the following items to the subdivision agent for review and approval: (1) Completed application form; (2) Electronic version of the final subdivision plat, and the final subdivision site plan if classified as a major subdivision plan in a format s ecified by the subdivision agent; and See. 31.1 -400. - Standards for streets. (a) The specific street design standards herein apply to streets with a projected average daily traffic (ADT) of four thousand (4,000) or less. For street design and construction standards not explicitly set forth herein, and any street with a projected ADT which exceeds four thousand (4,000), the applicable standards of the VDOT Subdivision Street '- -' -b -- Requir-emexts, 2005, shall apply-Road Design Manual shall apply, as directed by the Subdivision Agent including: (b) (1) Appendix A -1 Section 1 — Geometric Design Standards. (2) Appendix A(1) VDOT Complete Streets: Bicycle & Pedestrian Facility Guidelines Bus Stop Design & Parking Guidelines The Subdivision Agent may modify the above VDOT standards based on the City of Roanoke Street Design Guidelines as they apply to the proposed plan and development area. Whenever a subdivision is classified as a major subdivision, the subdivider shall provide street improvements as set forth in Table 400 -1 below. Table 400 -1. Required Street Improvements Improvements Condition /Location Required • Subdivision which requires creation of a new street in the following zoning districts: RA, R -12, R -7, R -5, R -3, RM -1, RM -2, RMF, and ROS. • Subdivision along an existing street, within the following zoning districts: R -7, R -5, R -3, RM -1, RM -2, and RMF. Street paving Curb and gutter Planted strip Large deciduous street trees Street lighting (required only when a new street is created) Sidewalks Bicycle accommodations (collector and arterial streetsl Street paving Curb and gutter Large deciduous street trees, except the subdivision Subdivision within the following zoning agent may approve small deciduous trees in the CN, D, districts: CN, CG, CLS, MX, D, 1 -1, 1 -2, IN, AD, and OF district where the area available is inadequate and UF. for large trees Planted strip or extended width sidewalk Street lighting (required only when a new street is created) 2 Sidewalks Bicycle accommodations (collector and arterial streets) !Street paving Subdivision along existing street in an RA, R- Curb and gutter 12, or ROS district. Street trees Requirements for asphalt street paving, curb and gutter, Subdivision on a private street in a MXPUD, i planted strips, street trees, street lighting, and IPUD, or INPUD district. sidewalks shall be specified on a PUD development plan approved by city council. (c) Curb and gutter, planted strips, street trees, and sidewalks shall be provided on both sides of a new street. Where lots are being established on only one (1) side of a new street, and where topographic conditions would preclude future establishment of lots on the undeveloped side of the street, sidewalks shall not be required on the side of the street where no lots are being created. Where a subdivision takes place only on one (1) side of an existing street, such improvements shall be required only on the side on which the subdivision takes place. (d) Required street improvements shall have minimum dimensions as set forth in Table 400 -2 below. All required street improvements shall meet applicable standards for accessibility in accordance with the Americans with Disabilities Act Table 400 -2. Required Street Improvements: Specifications and Dimensions for Local Streets Streets With Streets With Streets With Type of Improvement Projected ADT Projected ADT Projected ADT 1,500 to 4,000 Greater Than Less Than 1,500 4,000 Minimum right -of -way width 50 feet Minimum paved way. Parking on both sides of the street. 1 26 feet Minimum width of planted strip or extended -width sidewalk (back of curb to 6 feet edge of sidewalk) ... .. .......:. .. .... . .- -- 58 feet determined by tAs OT Standards 34 feet 6 feet As determined by VDOT Standards Minimum of 6 feet or as required by 3 VDOT Standards n feet i.. the R-44 Minimum width of sidewalk S feet 5 feet feeter Minimum effective turning radius 20 feet I20 feet I20 feet' Curb design VDOT CG -6 VDOT CG -6 VDOT CG -6 I _ As determined by VDOT Standards (curb bump outs Maximum pedestrian crossing distance `4 26 feet 20 feet may be required when on street parking is provided or required) Maximum street grade 16% 16% 16% Maximum grade of intersection approach 5% 5% 5% Additional width needed when bicycle accommodations are required (typical 5 feet on each side of street). Z Additional right -of -way may be required at intersections with signals. An increased turning radius may be approved by the subdivision agent for collector and arterial streets. 14 This regulation shall apply only to a newly- created street. Curb bump outs are required where the maximum pedestrian distance is less than the proposed street width. APPENDIX B. — SUBMITTAL REQUIREMENTS B -4. - Requirements for final subdivision site plan. (b) Contents. A subdivision site plan shall be prepared on the separate component sheets as listed below. However, any one (1) or more of the sheets may be combined, provided legibility and clarity can be maintained. (6) Street plan. M (A) Plans and profiles showing the location, projected Average Daily Trips(ADT), design, size, and centerline grade of all proposed streets and existing streets on which new lots are created_ (B) Cross sections of the street taken at each fifty -foot station and at street intersections or other points required to establish the grade of the street shall be provided if requested by the subdivision agent. (C) Where any new curb cut or new street entrance is proposed, the location of all entrances and streets within four hundred (400) feet of the proposed subdivision. This sketch may be separate from the site plan itself and may be shown at a smaller scale. In the area immediately adjacent to the subdivision, the plan shall also include the street pavement width, the existence of curb and gutter or ditches, and the existence of any medians. (D) Delineation of special flood hazard area (100 -year floodplain) and floodway, as applicable. (E) Site distance for driveway entrances as directed by the subdivision agent. 2. This ordinance will become effective immediately upon adoption. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. Aa CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2020 Subject: Proposed amendments to Chapter 31 .1 , Subdivisions, of the Code of the City of Roanoke (1979), as amended, by amending and reordaining, adding or deleting code sections to update, clarify and make the City's subdivision ordinance easier to use for its citizens. Summary: The Planning Commission held a public hearing on July 13, 2020. By a vote of 7 -0, the Commission recommends approval of the proposed amendments to the Subdivision Ordinance. Background: Roanoke adopted the current zoning ordinance in December 2007. Since adoption, Planning staff has developed periodic amendments to ensure the ordinance remains a relevant tool for implementing the City's comprehensive plan. Considerations: The proposed amendments will help address issues that arise with experience in applying subdivision regulations to actual development scenarios and uses to ensure the ordinance produces intended outcomes in development. The amendments also: 1 . Update requirements to reflect the city's requirements for electronic plan and plat submissions. 2. Update reference to Virginia Department of Transportation standards for street design. 3. Update standards for right -of -way improvements including provision for bicycle facilities on certain streets. The Summary of Proposed Code Amendments, enclosed as Attachment A, provides detail on each proposed change. Planning Commission Public Hearing and Public Comments No public comments were received prior to or during the Planning Commission public hearing on the matter. Conclusions and Recommendations: Planning Commission recommends approval as the proposed Subdivision Ordinance amendments address changes in state code, respond to recent case law, and otherwise update the zoning ordinance to produce better development outcomes for the City of Roanoke. Digitally signed by Tina M. Carr, for Tina M. Carr Karri B. Atwood, Chair forM. Carr for Karri B. I o r I/ a r r p Atwood Chair, o =City of Roanoke, Karri oo=Planning Commission, email =tins —r@ roanok —.gw, Atwood, Chair =DS Date. 20 2 0 07.15 104644 - 0400' ________ ___________________ Karri B. Atwood, Chair City Planning Commission Enclosure: Attachment A, Summary of Proposed Code Amendments Distribution: Robert S. Cowell, Jr., City Manager Brent Robertson, Assistant City Manager Chris Chittum, Director of Planning Building & Development Daniel J. Callaghan, City Attorney Timothy R. Spencer, Senior Assistant City Attorney fir: CA 4-0 @ E � � @ E Q $ � o Q V c � 2 � o CL O 0 c � O .� E E � � Q 2 @ E � u � Q o m 2 LA 2 % • \ ƒ & \ u \ % o / } / / £LA 2_ m 9 ƒ D 2 y l \/ / 2 %¥ a 4 e e 2 E E ® 9 /Ln 2 2 0 $ « - \ 2 /% e 2 � \ & \ e « e 2 u & y u£ u o u/ K }: \ � e Q a G t® % E k a 2 » e . V ? k c (Z Q / z 2 » u/ @ Ln 9 E g 2 @ £ V) @ + ° f @ e \ m -0 o o _ � E � e 2 E e m / ' _ & g E ® 0 2 k o = 3 G/ 2 2 E G 2 0\/ 2 2 2 \ 2 / 2 3 \ R u o 2 2 k 4 M 2 # t u u 4 m 4 un 2 / u % ^ e < E rz /ko /9 E ° m u 7 2 I Ln > n ¥ • e � � C) / w c V) > CU t 2 2 < a z \ ƒ_ 2 % ° E \ 0 : 2 " \ o u ) 2 / 2 _ \ k > a 7 \ \ § k '- m /Ln k c 7/ t 3 E a E z\ ? c V) 9 ° E 7 4-a 2 \ �� \ ( L / 2 3 \ / u - 2 % _0 \ a E E ± \ ZD� d \ k < ƒ u G u \_ V) > rz 2 k . m / \ E V / \ 0 e M E d ¥ z � � CD Q / .2 % > m u_ } ƒ J 0- a \ 2 ƒ m / ƒ < 2 / / Sec. 31.1 -203. - Subdivision application, review, and approval. (a) For review of a concept plan, the subdivider shall submit a plan showing the proposed subdivision and any other supporting information the subdivider wishes to be evaluated. (b) To obtain approval of a preliminary subdivision plat and plan, the subdivider shall submit a preliminary subdivision application consisting of the following items to the subdivision agent for review and approval: (1) Completed application form; (2) Electronic version Of the preliminary subdivision plat and the preliminary subdivision site plan in a format specified by the bdivision agent; and (3) Applicable review fees. (c) To seek approval of a final subdivision plat, the subdivider shall submit a subdivision application consisting of the following items to the subdivision agent for review and approval: (1) Completed application form; (2) Electronic version Mne k-I ^ °^°F ^^^i°° of the final subdivision plat, and ^i^° (9) paper ^ ^ ^. of-the final subdivision site plan if classified as a major subdivision in a format specified by the subdivision sgent; and Sec. 31.1 -400. - Standards for streets. (a) The specific street design standards herein apply to streets with a projected average daily traffic (ADT) of four thousand (4,000) or less. For street design and construction standards not explicitly set forth herein, and any street with a projected ADT which exceeds four thousand (4,000), the applicable standards of the VDOT Subdivisi .j,, �eq grements 2005 shall app' Road Design Manual shall apply, as directed by the Subdivision Agent, including: (1) Appendix A -1 Section 1 — Geometric Design Standards. (2) Appendix A(1) VDOT Complete Streets: Bicycle & Pedestrian Facility Guidelines, Bus Stop Design & Parking Guidelines The Subdivision Agent may modify the above VDOT standards based on the City of Roanoke Street Design Guidelines as they apply to the proposed plan and development area. (b) Whenever a subdivision is classified as a major subdivision, the subdivider shall provide street improvements as set forth in Table 400 -1 below. TABLE 400 -1. REQUIRED STREET IMPROVEMENTS Condition /Location Improvements TStreet paving Required • Subdivision which requires creation of a Street paving new street in the following zoning districts: Curb and gutter RA, R -12, R -7, R -5, R -3, RM -1, RM -2, RMF, and Planted strip ROS. Large deciduous street trees Street lighting (required only when a new street is • Subdivision along an existing street, within ' created) the following zoning districts: R -7, R -5, R -3, Sidewalks RM -1, RM -2, and RMF. Bicycle accommodations (collector and arterial streets) Street paving Curb and gutter Large deciduous street trees, except the subdivision agent may approve small deciduous trees in the CN, D, Subdivision within the following zoning !and OF district where the area available is inadequate districts: CN, CG, CLS, MX, D, 1 -1, 1 -2, IN, AD, ;for large trees and UF. i Planted strip or extended width sidewalk Street lighting (required only when a new street is created) Sidewalks Bicycle accommodations (collector and arterial streets) TStreet paving Subdivision along existing street in an RA, R- Curb and gutter 12, or ROS district. Street trees Requirements for asphalt street paving, curb and gutter, Subdivision on a private street in a MXPUD, planted strips, street trees, street lighting, and IIPUD, or INPUD district. sidewalks shall be specified on a PUD development plan approved by city council. (c) Curb and gutter, planted strips, street trees, and sidewalks shall be provided on both sides of a new street. Where lots are being established on only one (1) side of a new street, and where topographic conditions would preclude future establishment of lots on the undeveloped side of the street, sidewalks shall not be required on the side of the street where no lots are being created. Where a subdivision takes place only on one (1) side of an existing street, such improvements shall be required only on the side on which the subdivision takes place. (d) Required street improvements shall have minimum dimensions as set forth in Table 400 -2 below. All required street improvements shall meet applicable standards for accessibility in accordance with the Americans with Disabilities Act TABLE 400 -2. REQUIRED STREET IMPROVEMENTS: SPECIFICATIONS AND DIMENSIONS FOR LOCAL STREETS Streets With Streets With Streets With Projected ADT Type of Improvement Projected ADT Projected ADT Greater Than Less Than 1,500 1,500 to 4,000 4.000 As determined by Minimum right -of -way width '' ' 50 feet 58 feet �r I I ______ Minimum paved way. Parking on both sides of 26 feet _______!34 feet the street. I Minimum width of planted strip or extended- j width sidewalk (back of curb to edge of 16 feet 6 feet sidewalk) n f t in thPe 0 12 ..d D _ 7 .J'. -t. � Minimum width of sidewalk ' 5 feet 5 feet i ,',r,- m; -^t„� d� Minimum effective turning radius Curb design Maximum pedestrian crossing distance 20 feet VDOT CG -6 26 feet 20 feet VDOT CG -6 20 feet Maximum street grade 16% 116% As determined b VDOT Standards Minimum of 6 feet or as required by VDOT Standards 5 feet 20 feet3 VDOT CG -6 As determined by VDOT Standards (curb bump outs may be required when on street parking is provided or required) 16% Maximum grade of intersection approach 15% 5% 591. Bicycle accommodations Not applicable L_ __ Not applicable As determined by VDOT Standards Additional width needed when bicycle accommodations are required (typical 5 feet on each side of street). 2 Additional right -of -way may by e required at intersections with signals. 3 An increased turning radius may be approved by the subdivision agent for collector and arterial streets. This regulation shall apply only to a newly- created street. Curb bump outs are required where the maximum pedestrian distance is less than the proposed street width. APPENDIX B. — SUBMITTAL REQUIREMENTS B -4. - Requirements for final subdivision site plan. (b) Contents. A subdivision site plan shall be prepared on the separate component sheets as listed below. However, any one (1) or more of the sheets may be combined, provided legibility and clarity can be maintained. (6) Street plan. (A) Plans and profiles showing the location, projected Average Daily Trips (ADT), design, size, and centerline grade of all proposed streets and existing streets on which new lots are created. (B) Cross sections of the street taken at each fifty -foot station and at street intersections or other points required to establish the grade of the street shall be provided if requested by the subdivision agent. (C) Where any new curb cut or new street entrance is proposed, the location of all entrances and streets within four hundred (400) feet of the proposed subdivision. This sketch may be separate from the site plan itself and may be shown at a smaller scale. In the area immediately adjacent to the subdivision, the plan shall also include the street pavement width, the existence of curb and gutter or ditches, and the existence of any medians. (D) Delineation of special flood hazard area (100 -year floodplain) and floodway, as applicable. (E) Site distance for driveway entrances as directed by the subdivision agent. The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - PDB Attn Tina Carr 215 CHURCH AVE ROOM 166 ROANOKE. VA 24011 Account Number 6011439 Date 1 July 23, 2020 Date Category Description Ad Size Total Cost 07/16/2020 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he 1 x 662 L 6,107.44 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 PUBLIC HEARING NOTICE An was published in said newspapers on the following dates: 06130, 07/07/2020 The First insertion being given ... 06/30/2020 Newspaper reference: 0001109059 Billing Representative Sworn to and subscribed before me this Thursday, July 23, 2020 Notary Public Kimberly S. 1,111164 State of Virginia CitylCounty of My Commission expires NOTARY PUBLIC Co0imonwealth of Virginia Nuinfy R"wstration Number 356753 r; 4tbnFxc1`" ±anuary3'f.2021 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, 4th floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster, as permitted by Virginia Code Sections 2.2, 370M(A) and 15.2.1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41703. 032720, and Resolution No. 41704-032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online or may be obtained digitally by emailing Ip annin roanokeva.gcv_. The City of Roanoke Planning Commission will hold a public hearing on July 13, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters and proposed amendments to Chapter 36.2, Zoning, and Chapter 31.1, Subdivisions. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by emailing plannin @roanokevagov or by calling (540)853 -1330 by noon, Friday, July 10, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at plannmgi$- roanokeva.gov on or prior to 1:00 p.m., Friday, July 10, 2020. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Application by Glade Creek Development, LLC, to rezone and repeal the single condition proffered as part of a previous rezoning adopted through the enactment of Ordinance 40007- 072114 for the following properties located as indicated below from MXPUD, Mixed Use Planned Unit Development, to R -5, Residential Single - Family District: 402 Savannah Drive NE, bearing Official Tax Map No. 7D60163 406 Savannah Drive NE, bearing Official Tax Map No. 7060164 410 Savannah Drive NE, bearing Officio Tax Map N0.7060165 414 Savannah Drive NE, bearing Official Tax Map No. 7060166 418 Savannah Drive NE, bearing Official Tax Map No. 7060167 422 Savannah Drive NE, bearing Official Tax Map No. 7060168 426 Savannah Drive NE, bearing Official Tax Map No. 7060169 430 Savannah Drive NE, bearing Official Tax Map No. 7060170 434 Savannah Drive NE, bearing Official Tax Map No. 7060171 438 Savannah Drive NE, bearing Official Tax Map No. 7060172 442 Savannah Drive NE, bearing Official Tax Map No. 7060173 446 Savannah Drive NE, bearing Official Tax Map No. 7060174 450 Savannah Drive NE, bearing Official Tax Map No. 7060175 454 Savannah Drive NE, bearing Official Tax Map No. 7060176 458 Savannah Drive NE, bearing Official Tax Map No. 7060177 462 Savannah Drive NE, bearing Official Tax Map No. 7060178 466 Savannah Drive NE, bearing Official Tax Map No. 7060179 470 Savannah Drive NE, bearing official Tax Map No. 7060180 474 Savannah Drive NE, bearing Official Tax Map No. 7060181 478 Savannah Drive NE, bearing Official Tax Map No. 7060182 502 Savannah Drive NE, bearing Official Tax Map No. 7060183 506 Savannah Drive NE, bearing Official Tax Map No. 7060184 510 Savannah Drive NE, bearing official Tax Map No. 7060185 514 Savannah Drive NE, bearing Official Tax Map No. 7060186 518 Savannah Drive NE, bearing Official Tax Map No. 7060187 522 Savannah Drive NE, bearing Official Tax Map No. 7060188 526 Savannah Drive NE, bearing Official Tax Map No. 7D60189 530 Savannah Drive NE, bearing Official Tax Map No. 7060190 534 Savannah Drive NE, bearing Official Tax Map No. 7060191 538 Savannah Drive NE, bearing Official Tax Map No. 7060192 542 Savannah Drive NE, bearing Official Tax Map No. 7060193 546 Savannah Drive NE, bearing Official Tax Map No. 7060194 550 Savannah Drive NE, bearing Official Tax Map No. 7060195 554 Savannah Drive NE, bearing Official Tax Map No. 7060196 558 Savannah Drive NE, bearing Official Tax Map No. 7060197 562 Savannah Drive NE, bearing Official Tax Map No. 7060198 566 Savannah Drive NE, bearing Official Tax Map No. 7060199 570 Savannah Drive NE, bearing Official Tax Map No. 7060200 574 Savannah Drive NE, bearing Official Tax Map No. 7060201 576 Savannah Drive NE, bearing Official Tax Map No. 7060202 579 Savannah Drive NE, bearing Official Tax Map No. 7060203 575 Savannah Drive NE, bearing Official Tax Map No. 70602D4 Official 571 Savannah Drive NE, bearing Official Tax Map No. 7060205 567 Savannah Drive NE, bearing Official Tax Map No. 7060206 563 Savannah Drive NE, bearing Official Tax Map No. 7060207 559 Savannah Drive NE, bearing Official Tax Map No. 7060208 555 Savannah Drive NE, bearing Official Tax Map No. 7060209 551 Savannah Drive NE, bearing Official Tax Map No. 7060210 547 Savannah Drive NE, bearing Official Tax Map No. 7060111 543 Savannah Drive NE, bearing Official Tax Map No. 7060212 539 Savannah Drive NE, bearing Official Tax Map No. 7060213 535 Savannah Drive NE, bearing Official Tax Map No. 7060214 531 Savannah Drive NE, bearing Official Tax Map No. 7060215 527 Savannah brive NE, bearing Official Tax Map No. 7060216 523 Savannah Drive NE, bearing Official Tax Map No. 7060217 519 Savannah Drive NE, bearing Official Tax Map No. 7060218 515 Savannah Drive NE, bearing Official Tax Map No. 7060219 511 Savannah Drive NE, bearing Official Tax Map No. 7060220 507 Savannah Drive NE, bearing Official Tax Map No. 7060221 503 Savannah Drive NE, bearing Official Tax Map No. 7060222 483 Savannah Drive NE, bearing Official Tax Map No. 7060223 479 Savannah Drive NE, bearing Official Tax Map No. 7060224 475 Savannah Drive NE, bearing Official Tax Map No. 7060225 471 Savannah Drive NE, bearing Official Tax Map No. 7060226 467 Savannah Drive NE, bearing Official Tax Map No. 7060227 463 Savannah Drive NE, bearing Official Tax Map No. 7060228 459 Savannah Drive NE, bearing Official Tax Map No. 7060229 455 Savannah Drive NE, bearing Official Tax Map No. 7060230 451 Savannah Drive NE, bearing Official Tax Map No. 7060231 447 Savannah Drive NE, bearing Official Tax Map No. 7060232 443 Savannah Drive NE, bearing Official Tax Map No. 7060233 439 Savannah Drive NE, bearing Official Tax Map No. 7060234 435 Savannah Drive NE, bearing Official Tax Map No. 7060235 431 Savannah Drive NE, bearing Official Tax Map No. 7060236 125 Brenda Way NE, bearing Official Tax Map No. 7060113 583 Savannah Drive NE, bearing Official Tax Map No. 7060260 487 Savannah Drive NE, bearing Official Tax Map No. 7060261 203 Georgia Court NE, bearing Official Tax Map No. 7060237 207 Georgia Court NE, bearing Official Tax Map No. 7060238 211 Georgia Court NE, bearing Official Tax Map No. 7060239 215 Georgia Court NE, bearing Official Tax Map No. 7060240 219 Georgia Court NE, bearing Official Tax Map No. 7060241 223 Georgia Court NE, bearing Official Tax Map No. 7060242 227 Georgia Court NE, bearing Official Tax Map No. 7060243 231 Georgia Court NE, bearing Official Tax Map No. 1060244 235 Georgia Court NE, bearing Official Tax Map No. 706D245 239 Georgia Court NE, bearing Official Tax Map No. 7060246 243 Georgia Court NE, bearing Official Tax Map No. 7060247 246 Georgia Court NE, bearing Official Tax Map No. 7060248 242 Georgia Court NE, bearing Official Tax Map No. 7060249 238 Georgia Court NE, bearing Official Tax Map No. 7060250 234 Georgia Court NE, bearing Official Tax Map No. 7060251 230 Georgia Court NE, bearing Official Tax Map No. 7060252 226 Georgia Court NE, bearing Official Tax Map No. 7060253 222 Georgia Court NE, bearing Official Tax Map No. 7060254 218 Georgia Court NE, bearing Official Tax Map No, 7060255 214 Georgia Court NE, bearing Official Tax Map No. 7060256 210 Georgia Court NE, bearing Official Tax Map No. 7060257 206 Georgia Court NE, bearing Official Tax Map No. 7060258 202 Georgia Court NE, bearing Official Tax Map No. 7060259 The land use categories permitted in R. 5 District include residential; accommodations and group living: commercial; utility uses and structures; animal arid agricultural uses; and accessory; with a maximum density of one dwelling unit per 5,000 square feet of lot area and no maximum floor area ratio specified. The Comprehensive Plan designates the property for single family, medium density. The proposed use of the Properties remain detached single. family dwellings. Application by Northbridge Properties, LLC, to rezone and repeal all conditions previously proffered as part of previous rezonings for property located at 2006 Peters Creek Road NW, 4425 Northwood Drive NW, 4431 Northwood Drive NW, and a portion of 2032 Peters Creek Road NW, bearing Official Tax Map Nos. 6140612, 6140610, 6140609. and 6141403, respectively, from CG, Commercial- General District; R -7. Residential Single- Family District; and CG, Commercial - General District, with conditions, to C1S, Commercial. Large Site District, with conditions. All conditions previously adopted through enactment of Ordinance 1128339 are Proposed for repeal on a portion of property located at 2032 Peters Creek Road NW, bearing Official Tax Map No. 6141403. All conditions previously adopted through enactment of Ordinance #135253. 040201 are proposed for repeal on property located at 4431 Northwood Drive NW and 4425 Northwood Drive NW, bearing Official Tax Map Nos. 6140609 and 6140610, respectively. The land use categories permitted in the CLS District Include residential; accommodations and group living; commercial; industrial: assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory. with no maximum density. The comprehensive plan designates the property for commercial and single family residential uses. The proposed use of the properties remain motor vehicle sales and service establishment, new and used. Application by Grandin Court Baptist Church to rezone property located at 2600 Sweetbrier Avenue SW and 0 Spring Road SW, bearing Official Tax Map Nos. 1561301 and 1561315, respectively, from IN, Institutional District, to R -7, Residential Single - Family District. The land use categories permitted in the R -7 District include residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses: and accessory; with a maximum density of one dwelling unit per 7,000 square feet The comprehensive plan designates the property for single family, medium density. The proposed use of the properties is single - family residential. Proposed amendments to Chapter 362, Zoning, of the Code of the City of Roanoke, (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted: 1. Sec. 362.205, Dimensional regulations, and Table 205 -2, Application of Maximum Front Yard Requirements, to correct the amount of building facade that must be situated within the maximum front yard as noted in the exception. 2. Sec. 362 -311, Use table for residential districts, to add Borrow or fill site and Composting Facility as special exception uses in the RA district 3. Sec. 362 -315, Use table for multiple purpose districts, to fix scrivener's error for Internet sales establishment and add Borrow or Fill Site as a special exception use in the MX, CN, CG, CLS, D, IN, ROS, and OF districts. 4. Sec. 362.322, Use table for industrial districts, to add Borrow or Fill Site as a special exception use in the 1 -1, 1 -2, and AD districts; to add Composting Facility as a special exception use in the 1.1 District; to modify the descriptor for the Manufacturing: Wood products use to include the shredding or grinding of wood to create mulch; and to include a reference to supplemental regulations for a Workshop. S. Sec. 362 -327, Use table for planned unit development districts, to add Dwelling, single - family attached; Dwelling, single - family detached; Dwelling, two - family; Dwelling, multifamily; Dwelling, townhouse or rowhouse; Hotel or motel; Live -work unit; Mixed -use building; Amusement, commercial, indoor; Educational facilities, school for the arts; Fire, police, or emergency services; Library; Supply pantry as permitted uses in the IPUD district. Add Outdoor recreation facility lighting or sports stadium lighting as a special exception use in the IPUD district. Add Government offices or other government facility, not otherwise listed; Broadcasting studio or station as permitted uses in the MXPUD district. Add Broadcasting tower as a special exception use in the MXPUD district. Add workshop; Amusement, commercial, outdoor; Microbrewery or microdistillery as permitted uses in MXPUD and IPUD districts. Add Borrow or Fill Site as a permitted use in MXPUD, INPUD, and IPUD districts. 6. Sec. 362. 410.1, Fill or Borrow Sites, to establish supplemental regulations related to the criteria for reviewing, establishing, and operating a borrow or fill site, including type of fill material, grading and drainage, operating times, storage of equipment, and reclamation. 7. Sec. 36.2.407.2, Composting Facilities, to establish supplemental regulations related to the criteria for reviewing, establishing, and operating a composting facility, including compliance with applicable state regulations, providing details on operations and materials to be composted, implementing and updating an operations plan, and final approval of a composting facility by the state prior to issuance of a certificate of occupancy. 8. Sec. 36.2 -423, Outdoor storage, to add requirements for storage of bulk materials, including but not limited to sand, gravel, mulch, or soil. 9. Sec. 362 -429, Temporary uses and Table 429 -1, to change the column titles "Maximum Number per Calendar Year for Lot" to "Maximum Frequency per Lot" and update time frame for each use accordingly and to add Temporary, short-term filling, grading, or borrow operation, subject to subsection (f) below as a temporary use. 10.5ec. 362 -429, Temporary uses, to add off -site fill sites or borrow sites associated with a specific construction site as temporary construction- related activity and to add a definition and parameters of operation for a Temporary, short-term filling, grading, or borrow operation. 11.Sec. 36.2.552, Basic development plans, to reverse the order of items (3) and (4) so the section reads more clearly. 12.Sec. 362 -553, Comprehensive development plans, to clarify that an initial review will occur to determine if a plan is complete. Once determined to be complete, the plan review will be completed within 12 business days, resulting In comments regarding missing information, errors, required revisions, etc. or that the plan is sufficient and is approved. 13.Sec. 36.2.630, General development standards, to add bicycle facilities to the list of right -of -way improvements that may be required by the Agent to the Planning Commission and that the Agent to the Planning Commission may require removal or replacement of existing right -of -way improvements when new development necessitates or no longer requires such improvements. 14.Sec. 361-642, General landscaping and screening standards, to update a reference to the Tree List, to update the reference to the trade association that publishes standards for vegetative plantings, and to clarify that the Zoning Administrator may limit plantings of trees in close proximity to sewer lines and laterals. 15. Sec. 36.2 -643, Preservation of existing landscape features, to update a reference to the Tree List and to allow the Zoning Administrator to establish credits for existing trees to be preserved trees that are not included in the Tree List. 16. Sec. 36.2.648, Parking area landscaping, to update a reference to the Tree List. 17-Sec. 361.652, Minimum parking and Table 652.2, Required Parking Spaces, to increase the decimal places in the number of parking spaces required for Dwelling, single - family attached; Dwelling, two- family; Dwelling, multifamily; elderly (intended and designed exclusively to house the elderly); Dwelling, multifamily, other than elderly dwelling; and Townhouse or row house; and to replace the Parking standard for mini - warehouses with a standard for Self - storage buildings and Self- storage facilities. 18.Sec. 362.661, Applicability, to amend to increase the size of temporary real estate signs from six to 12 square feet in the RA, R -12, R -7, R -5. R -3, RM -1, and RM -2 districts; to increase the size of temporary off -site real estate signs from five to 12 square feet: and increase the size of temporary construction signs from six to 12 square feel In the RA, R -12, R -7, R. S. R -3, RM -1, and RM -2 districts. 19-Sec. 36.2 -662. Definitions, to add definition of a feather sign. 20.Sec. 362 -663, Prohibited signs, to expand the prohibition on animated Signs to include feather signs. 21.5ec. 36.2.664, Zoning permits for signs. to expand exemption for signs not requiring a permit to those set forth in Sec 3632- 673(a). 22.Sec. 362.673, Temporary on- premises signs, to delete Table 673.1. Temporary Signs: Maximum Square footage of Sign Area; to permit temporary signs in Multiple Purpose, Industrial and Planned Unit Development districts, subject to limits on size, height, number of signs displayed, and maximum time limits for temporary signs; and to provide additional requirements and limits for inflatable, laser light, or image protection, or search light or beacon signs. 23.Appendix A, Definitions, to modify definition of Composting Facility, and to add definition for Borrow or Fill Site. 24.Appendix B -1, Basic Development Plan, to add requirement that Zoning Administrator may require a basic development plan to be required by a design professional; to allow the Zoning Administrator rather than the Agent to the Planning Commission waive standards for a basic development plan; to require that existing and proposed improvements in the right -of -way and proposed waterlines, sewer laterals, or septic systems be included on a plan; and to clarify applicability of agreements in lieu of an erosion and sediment control plan. Proposed amendments to Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended: 25.Section 31.1 -203, Subdivision application, review, and approval, update to require electronic submissions, excepting final signature sets to be recorded. 26.Section 31.1 -400, Standards for streets, add current Virginia Department of Transportation reference documents and most applicable sections for use by the Subdivision Agent; update Tables 400.1 and 400.2 to reflect standards for streets with average daily traffic (ADT) greater than 4,000; and note that bicycle accommodations may be required on collector and arterial streets; include specific reference for Americans with Disabilities Act (ADA) compliance; and 27.Appendix B -4, Requirements for final subdivision site plan. add requirement to show average daily traffic (ADT) for street and to show site distance for entrances when directed by the Subdivision Agent The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. The proposed amendments are digitally available for review online or may be obtained digitally by emailing planningi�)roa nokeva.gov. Tina M. Carr, Secretary, City Planning Commission CAY Council will hold a public hearing on the aforesaid matters and proposed amendments to Chapter 362, Zoning, and Chapter 31.1, Subdivisions, on July 20, 2020, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth Boor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate In the public hearings should contact the City Clerk's office at (540) 853.2541 at least five days prior to the scheduled public hearings. Cecelia F. McCoy, CMC, City Clerk (1109059) PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, 4`h floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster, as permitted by Virginia Code Sections 2.2- 3708.2(A) and 15.2 -1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41703- 032720, and Resolution No. 41704- 032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online or may be obtained digitally by The City of Roanoke Planning Commission will hold a public hearing on July 13, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters and proposed amendments to Chapter 36.2, Zoning, and Chapter 31.1, Subdivisions. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by emailing t? aLini11 <<i roan( or by calling (540)853 -1330 by noon, Friday, July 10, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at lannin� roarlo;;s..,,',, on or prior to 1:00 p.m., Friday, July 10, 2020. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Application by Glade Creek Development, LLC, to rezone and repeal the single condition proffered as part of a previous rezoning adopted through the enactment of Ordinance 40007- 072114 for the following properties located as indicated below from MXPUD, Mixed Use Planned Unit Development, to R -5, Residential Single- Family District: 402 Savannah Drive NE, bearing Official Tax Map No. 7060163 406 Savannah Drive NE, bearing Official Tax Map No. 7060164 410 Savannah Drive NE, bearing Official Tax Map No. 7060165 414 Savannah Drive NE, bearing Official Tax Map No. 7060166 418 Savannah Drive NE, bearing Official Tax Map No. 7060167 422 Savannah Drive NE, bearing Official Tax Map No. 7060168 426 Savannah Drive NE, bearing Official Tax Map No. 7060169 430 Savannah Drive NE, bearing Official Tax Map No. 7060170 434 Savannah Drive NE, bearing Official Tax Map No. 7060171 438 Savannah Drive NE, bearing Official Tax Map No. 7060172 442 Savannah Drive NE, bearing Official Tax Map No. 7060173 446 Savannah Drive NE, bearing Official Tax Map No. 7060174 450 Savannah Drive NE, bearing Official Tax Map No. 7060175 454 Savannah Drive NE, bearing Official Tax Map No. 7060176 458 Savannah Drive NE, bearing Official Tax Map No. 7060177 462 Savannah Drive NE, bearing Official Tax Map No. 7060178 466 Savannah Drive NE, bearing Official Tax Map No. 7060179 470 Savannah Drive NE, bearing Official Tax Map No. 7060180 474 Savannah Drive NE, bearing Official Tax Map No. 7060181 478 Savannah Drive NE, bearing Official Tax Map No. 7060182 502 Savannah Drive NE, bearing Official Tax Map No. 7060183 506 Savannah Drive NE, bearing Official Tax Map No. 7060184 510 Savannah Drive NE, bearing Official Tax Map No. 7060185 514 Savannah Drive NE, bearing Official Tax Map No. 7060186 518 Savannah Drive NE, bearing Official Tax Map No. 7060187 522 Savannah Drive NE, bearing Official Tax Map No. 7060188 526 Savannah Drive NE, bearing Official Tax Map No. 7060189 530 Savannah Drive NE, bearing Official Tax Map No. 7060190 534 Savannah Drive NE, bearing Official Tax Map No. 7060191 538 Savannah Drive NE, bearing Official Tax Map No. 7060192 542 Savannah Drive NE, bearing Official Tax Map No. 7060193 546 Savannah Drive NE, bearing Official Tax Map No. 7060194 550 Savannah Drive NE, bearing Official Tax Map No. 7060195 554 Savannah Drive NE, bearing Official Tax Map No. 7060196 558 Savannah Drive NE, bearing Official Tax Map No. 7060197 562 Savannah Drive NE, bearing Official Tax Map No. 7060198 566 Savannah Drive NE, bearing Official Tax Map No. 7060199 570 Savannah Drive NE, bearing Official Tax Map No. 7060200 574 Savannah Drive NE, bearing Official Tax Map No. 7060201 578 Savannah Drive NE, bearing Official Tax Map No. 7060202 579 Savannah Drive NE, bearing Official Tax Map No. 7060203 575 Savannah Drive NE, bearing Official Tax Map No. 7060204 571 Savannah Drive NE, bearing Official Tax Map No. 7060205 567 Savannah Drive NE, bearing Official Tax Map No. 7060206 563 Savannah Drive NE, bearing Official Tax Map No. 7060207 559 Savannah Drive NE, bearing Official Tax Map No. 7060208 555 Savannah Drive NE, bearing Official Tax Map No. 7060209 551 Savannah Drive NE, bearing Official Tax Map No. 7060210 547 Savannah Drive NE, bearing Official Tax Map No. 7060211 543 Savannah Drive NE, bearing Official Tax Map No. 7060212 539 Savannah Drive NE, bearing Official Tax Map No. 7060213 535 Savannah Drive NE, bearing Official Tax Map No. 7060214 531 Savannah Drive NE, bearing Official Tax Map No. 7060215 527 Savannah Drive NE, bearing Official Tax Map No. 7060216 523 Savannah Drive NE, bearing Official Tax Map No. 7060217 519 Savannah Drive NE, bearing Official Tax Map No. 7060218 515 Savannah Drive NE, bearing Official Tax Map No. 7060219 511 Savannah Drive NE, bearing Official Tax Map No. 7060220 507 Savannah Drive NE, bearing Official Tax Map No. 7060221 503 Savannah Drive NE, bearing Official Tax Map No. 7060222 483 Savannah Drive NE, bearing Official Tax Map No. 7060223 479 Savannah Drive NE, bearing Official Tax Map No. 7060224 475 Savannah Drive NE, bearing Official Tax Map No. 7060225 471 Savannah Drive NE, bearing Official Tax Map No. 7060226 467 Savannah Drive NE, bearing Official Tax Map No. 7060227 463 Savannah Drive NE, bearing Official Tax Map No. 7060228 459 Savannah Drive NE, bearing Official Tax Map No. 7060229 455 Savannah Drive NE, bearing Official Tax Map No. 7060230 451 Savannah Drive NE, bearing Official Tax Map No. 7060231 447 Savannah Drive NE, bearing Official Tax Map No. 7060232 443 Savannah Drive NE, bearing Official Tax Map No. 7060233 439 Savannah Drive NE, bearing Official Tax Map No. 7060234 435 Savannah Drive NE, bearing Official Tax Map No. 7060235 431 Savannah Drive NE, bearing Official Tax Map No. 7060236 125 Brenda Way NE, bearing Official Tax Map No. 7060113 583 Savannah Drive NE, bearing Official Tax Map No. 7060260 487 Savannah Drive NE, bearing Official Tax Map No. 7060261 203 Georgia Court NE, bearing Official Tax Map No. 7060237 207 Georgia Court NE, bearing Official Tax Map No. 7060238 211 Georgia Court NE, bearing Official Tax Map No. 7060239 215 Georgia Court NE, bearing Official Tax Map No. 7060240 219 Georgia Court NE, bearing Official Tax Map No. 7060241 223 Georgia Court NE, bearing Official Tax Map No. 7060242 227 Georgia Court NE, bearing Official Tax Map No. 7060243 231 Georgia Court NE, bearing Official Tax Map No. 7060244 235 Georgia Court NE, bearing Official Tax Map No. 7060245 239 Georgia Court NE, bearing Official Tax Map No. 7060246 243 Georgia Court NE, bearing Official Tax Map No. 7060247 246 Georgia Court NE, bearing Official Tax Map No. 7060248 242 Georgia Court NE, bearing Official Tax Map No. 7060249 238 Georgia Court NE, bearing Official Tax Map No. 7060250 234 Georgia Court NE, bearing Official Tax Map No. 7060251 230 Georgia Court NE, bearing Official Tax Map No. 7060252 226 Georgia Court NE, bearing Official Tax Map No. 7060253 222 Georgia Court NE, bearing Official Tax Map No. 7060254 218 Georgia Court NE, bearing Official Tax Map No. 7060255 214 Georgia Court NE, bearing Official Tax Map No. 7060256 210 Georgia Court NE, bearing Official Tax Map No. 7060257 206 Georgia Court NE, bearing Official Tax Map No. 7060258 202 Georgia Court NE, bearing Official Tax Map No. 7060259 The land use categories permitted in R -5 District include residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 5,000 square feet of lot area and no maximum floor area ratio specified. The Comprehensive Plan designates the property for single family, medium density. The proposed use of the properties remain detached single - family dwellings. Application by Northbridge Properties, LLC, to rezone and repeal all conditions previously proffered as part of previous rezonings for property located at 2006 Peters Creek Road NW, 4425 Northwood Drive NW, 4431 Northwood Drive NW, and a portion of 2032 Peters Creek Road NW, bearing Official Tax Map Nos. 6140612, 6140610, 6140609, and 6141403, respectively, from CG, Commercial- General District; R -7, Residential Single- Family District; and CG, Commercial - General District, with conditions, to CLS, Commercial -Large Site District with conditions. All conditions previously adopted through enactment of Ordinance #28339 area proposed for repeal on a portion of property located at 2032 Peters Creek Road NW, bearing Official Tax Map No. 6141403. All conditions previously adopted through enactment of Ordinance #35253- 040201 are proposed for repeal on property located at 4431 Northwood Drive NW and 4425 Northwood Drive NW, bearing Official Tax Map Nos. 6140609 and 6140610, respectively. The land use categories permitted in the CLS District include residential; accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with no maximum density. The comprehensive plan designates the property for commercial and single family residential uses. The proposed use of the properties remain motor vehicle sales and service establishment, new and used. Application by Grandin Court Baptist Church to rezone property located at 2600 Sweetbrier Avenue SW and 0 Spring Road SW, bearing Official Tax Map Nos. 1561301 and 1561315, respectively, from IN, Institutional District, to R -7, Residential Single - Family District. The land use categories permitted in the R -7 District include residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 7,000 square feet. The comprehensive plan designates the property for single family, medium density. The properties is single- family residential. e proposed use of the Proposed amendments to Chapter 36.2, Zoning, of th6 Code of the City of Roanoke, (1979 as amended, by amending and reordaining, adding or deleting the following code sections 1 update clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consi Y stent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted: 1. Sec. 36.2 -205, Dimensional regulations, and Table 205 -2, Application of Maximum Front Yard Requirements, to correct the amount of building facade that must be situated within the maximum front yard as noted in the exception. 2. Sec. 36.2-311, Use table for residential districts, to add Borrow or fill site and Compostin Facility as special exception uses in the RA district. g 3. Sec. 36.2 -315, Use table for multiple purpose districts, to fix scrivener's error for Internet sales establishment and add Borrow or Fill Site as a special exception use in the MX, CN, CG, CLS, D, IN, ROS, and OF districts. 4. Sec. 36.2 -322, Use table for industrial districts, to add Borrow or Fill Site as a special exception use in the I -1, I -2, and AD districts; to add Composting Facility as a special exception use in the I -1 District; to modify the descriptor for the Manufacturing: Wood products use to include the shredding or grinding of wood to create mulch; and to include a reference to supplemental regulations for a Workshop. 5. Sec. 36.2 -327, Use table for planned unit development districts, to add Dwelling, single - family attached; Dwelling, single - family detached; Dwelling, two - family; Dwelling, multifamily; Dwelling, townhouse or rowhouse; Hotel or motel; Live -work unit; Mixed -use building; Amusement, commercial, indoor; Educational facilities, school for the arts; Fire, police, or emergency services; Library; Supply pantry as permitted uses in the IPUD district. Add Outdoor recreation facility lighting or sports stadium lighting as a special exception use in the IPUD district. Add Government offices or other government facility, not otherwise listed; Broadcasting studio or station as permitted uses in the MXPUD district. Add Broadcasting tower as a special exception use in the MXPUD district. Add workshop; Amusement, commercial, outdoor; Microbrewery or microdistillery as permitted uses in MXPUD and IPUD districts. Add Borrow or Fill Site as a permitted use in MXPUD, INPUD, and IPUD districts. 6. Sec. 36.2- 410.1, Fill or Borrow Sites, to establish supplemental regulations related to the criteria for reviewing, establishing, and operating a borrow or fill site, including type of fill material, grading and drainage, operating times, storage of equipment, and reclamation. 7. Sec. 36.2- 407.2, Composting Facilities, to establish supplemental regulations related to the criteria for reviewing, establishing, and operating a composting facility, including compliance with applicable state regulations, providing details on operations and materials to be composted, implementing and updating an operations plan, and final approval of a composting facility by the state prior to issuance of a certificate of occupancy. 8. Sec. 36.2 -423, Outdoor storage, to add requirements for storage of bulk materials, including but not limited to sand, gravel, mulch, or soil. 9. Sec. 36.2 -429, Temporary uses and Table 429 -1, to change the column titles "Maximum Number per Calendar Year for Lot' to "Maximum Frequency per Lot" and update time frame for each use accordingly and to add Temporary, short-term filling, grading, or borrow operation, subject to subsection (0 below as a temporary use. 10. Sec. 36.2 -429, Temporary uses, to add off -site fill sites or borrow sites associated with a specific construction site as temporary construction- related activity and to add a definition and parameters of operation for a Temporary, short -term filling, grading, or borrow operation. 11. Sec. 36.2 -552, Basic development plans, to reverse the order of items (3) and (4) so the section reads more clearly. 12. Sec. 36.2 -553, Comprehensive development plans, to clarify that an initial review will occur to determine if a plan is complete. Once determined to be complete, the plan review will be completed within 12 business days, resulting in comments regarding missing information, errors, required revisions, etc. or that the plan is sufficient and is approved. 13. Sec. 36.2 -630, General development standards, to add bicycle facilities to the list of right-of- way improvements that may be required by the Agent to the Planning Commission and that the Agent to the Planning Commission may require removal or replacement of existing right- improvements improvements when new development necessitates or no longer requires such g improvements. 14. Sec. 36.2 -642, General landscaping and screening standards, to update a reference to the Tree List, to update the reference to the trade association that publishes standards for vegetative plantings, and to clarify that the Zoning Administrator may limit plantings of proximity to sewer lines and laterals. trees in close 15. Sec. 36.2 -643, Preservation of existing landscape features, to update a reference to the Tree List and to allow the Zoning Administrator to establish credits for existing trees to be preserved trees that are not included in the Tree List. 16. Sec. 36.2 -648, Parking area landscaping, to update a reference to the Tree List. 17. Sec. 36.2 -652, Minimum parking and Table 652 -2, Required Parking Spaces, to increase the decimal places in the number of parking spaces required for Dwelling, single - family attached; Dwelling, two - family; Dwelling, multifamily; elderly (intended and designed exclusively to house the elderly); Dwelling, multifamily, other than elderly dwelling; and Townhouse or row house; and to replace the parking standard for mini- warehouses with a standard for Self- storage buildings and Self- storage facilities. 18. Sec. 36.2 -661, Applicability, to amend to increase the size of temporary real estate signs from six to 12 square feet in the RA, R -12, R -7, R -5, R -3, RM -1, and RM -2 districts; to increase the size of temporary off -site real estate signs from five to 12 square feet; and increase the size of temporary construction signs from six to 12 square feet in the RA, R -12, R -7, R -5, R -3, RM -1, and RM -2 districts. 19. Sec. 36.2 -662, Definitions, to add definition of a feather sign. 20. Sec. 36.2 -663, Prohibited signs, to expand the prohibition on animated signs to include feather signs. 21. Sec. 36.2 -664, Zoning permits for signs, to expand exemption for signs not requiring a permit to those set forth in Sec 363.2-673(a). 22. Sec. 36.2 -673, Temporary on- premises signs, to delete Table 673 -1. Temporary Signs: Maximum Square Footage of Sign Area; to permit temporary signs in Multiple Purpose, Industrial and Planned Unit Development districts, subject to limits on size, height, number of signs displayed, and maximum time limits for temporary signs; and to provide additional requirements and limits for inflatable, laser light, or image projection, or search light or beacon signs. 23. Appendix A, Definitions, to modify definition of Composting Facility, and to add definition for Borrow or Fill Site. 24. Appendix B -1, Basic Development Plan, to add requirement that Zoning Administrator may require a basic development plan to be required by a design professional; to allow the Zoning Administrator rather than the Agent to the Planning Commission waive standards for a basic development plan; to require that existing and proposed improvements in the right -of -way and proposed waterlines, sewer laterals, or septic systems be included on a plan; and to clarify applicability of agreements in lieu of an erosion and sediment control plan. Proposed amendments to Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended: 25. Section 31.1 -203, Subdivision application, review, and approval, update to require electronic submissions, excepting final signature sets to be recorded. 26. Section 31.1 -400, Standards for streets, add current Virginia Department of Transportation reference documents and most applicable sections for use by the Subdivision Agent; update Tables 400 -1 and 400 -2 to reflect standards for streets with average daily traffic (ADT) greater than 4,000; and note that bicycle accommodations may be required on collector and arterial streets; include specific reference for Americans with Disabilities Act (ADA) compliance; and 27. Appendix B -4, Requirements for final subdivision site plan, add requirement to show average daily traffic (ADT) for street and to show site distance for entrances when directed by the Subdivision Agent. The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. The proposed amendments are digitally available for review online or may be obtained digitally by emailing_�l�;lih�'� Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters and proposed amendments to Chapter 36.2, Zoning, and Chapter 31.1, Subdivisions, on July 20, 2020, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Cecelia F. McCoy, CMC, City Clerk Please publish in newspaper on Tuesday, June 30, 2020, and Tuesday, July 7, 2020. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/853 -1730 ti.na.c.atr cra inoke; - Please send affidavit of publication to: Cecelia F. McCoy, CMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 4:5r�,-5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 2020. No. 41817- 072020. AN ORDINANCE amending and reordaining Section 36.2 -205, Dimensional regulations; Section 36.2 -311, Use table for residential districts; Section 36.2 -322, Use table for industrial districts; Section 36.2 -327, Use table for planned unit development districts; establishing Section 36.2- 410.1, Fill or Borrow Sites; Section 36.2- 407.2, Composting Facilities; amending and reordaining Section 36.2 -423, Outdoor storage; Section. 36.2 -429, Temporary; Section 36.2- 552, Basic development plans; Section 36.2 -553, Comprehensive development Mans; Section 36.2 -630, General development standards; Section 36.2 -642, General landscaping and screening standards; Section 36.2 -643, Preservation of existing landscape features; Section 36.2 -648, Parking area landscaping; Section 36.2 -652, Minimum parking; Section 36.2 -661, Applicability; Section 36.2 -662, Definitions; Section 36.2 -663, Prohibited signs; Section 36.2 -664, Zoning permits for signs; Section 36.2 -673, Temporary on- premises signs; Appendix A, Definitions; and Appendix B, B -1, Basic Development Plan; of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended; for the purposes of amending and reordaining, combining and renumbering, adding or repealing, the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens and consistent with state law; amending and reordaining Section 36.2 -315, Use table for multiple purpose districts, to correct a scriveners error; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: 1 2020 Zoning Amendments 7.20.20 REVISED.docx Sec. 36.2 -205. - Dimensional regulations. (f) Front yards. (4) Maximum front yard requirements in multiple purpose districts shall apply as specified in Table 205 -2 below: Table 205 -2. Application of Maximum Front Yard Requirements Proposed Development Addition to an existing principal building or new principal building that does not widen any street - facing facade. Application of Maximum Yard Requirement Not subject to maximum yard requirement. New principal building where no other Locate at least 50% of the new building facade between the buildings are located on the site. maximum and minimum yard lines. Addition to an existing principal building that widens any street - facing facade, where the existing building conforms to the minimum and maximum yard requirements. Locate and size any addition so either all the added street - facing facade is between the maximum and minimum yard lines, or at least 50% of the resulting total of street - facing facade is between the maximum and minimum yard line. Addition to an existing principal building Locate and size any addition so all of the new added street - that widens any street - facing facade, ; facing facade is between the maximum and minimum yard where the existing building does not conform to the minimum or maximum yard requirements. New principal building where one or more principal buildings exist on the site, and the new building increases the width of street - facing facades. lines, or at least 50% of the resulting total of street - facing facade is between the maximum yard line and the lot frontage. Locate and size any new building so at least 50% of the resulting total of street - facing facade is between the maximum yard line and the lot frontage or, where existing buildings are located beyond the maximum yard line, locate 100% of the new building between the maximum and minimum yard line. 2 2020 Zoning Amendments 7.20.20 REVISED.docx Exceptions: 1. The requirement to meet the 6"150% facade rule for an addition to an existing building shall apply only to one yard of a corner lot or through lot. 2. An addition not exceeding 20% of the existing principal building footprint is not subject to the maximum front yard requirements of this table. 3 2020 Zoning Amendments 7.20.20 REVISED.docx Sec. 36.2 -311. - Use table for residential districts. `Supplemental District RA R- R- R- R- RM- RM- r RMF Regulation 12 7 5 3 1 2 Section Residential Uses _ Dwelling, single - family attached _.. P P P P Dwelling, single - family detached P P P P P P P Dwelling, two- family _T T 5 P Dwelling, multifamily with 10 or fewer units T P P Dwelling, multifamily with 11 or more units S P Dwelling, townhouse or rowhouse P S P P 36.2 -431 Dwelling, manufactured home P Dwelling, mobile home P ]____36.2-417 Accommodations and Group Living Uses Bed and breakfast P I S S S S S S 36.2 -405 Boarding house i S 3 2020 Zoning Amendments 7.20.20 REVISED.docx Group care facility, congregate home, elderly Group care facility, congregate home, not otherwise listed Group care facility, group care home Group care facility, halfway house Group care facility, nursing home Group care facility, transitional living facility Group home Borrow or Fill Site Composting Facility S S S S S S S— S 15 P I P I P I P I P i P I P Industrial Uses S S Commercial Uses Day care home, adult S S S S S S S S 1 Day care home, child P` P P P P P P P i Family day home S j S S S S I S S S Fire, police, or emergency services S S S S S S S Utility Uses and Structures Utility distribution or collection, basic J-P P PIP P P P P Utility distribution or collection, transitional —TS S S S S S S S Wireless telecommunications facility, small cell I P P P P P P P P on existing structure 36.2 -405.1 36.2 -432 4 2020 Zoning Amendments 7.20.20 REVISED.docx Wireless telecommunications facility, not otherwise listed Wireless telecommunications facility, stealth Agricultural operations Animal shelter Botanical garden or arbore Community garden Composting facility Nursery or greenhouse commercial Pet grooming Kennel, no outdoor pens or Kennel, with outdoor pens o Stable, commercial Wildlife rescue shelter or refu S S S S S I S S I S 1 36.2 -432 P I P I P I P I P I P I P I P 1 36.2 -432 Animal and Agricultural Uses Accessory uses, not otherwise listed in this P P P P P P P P table Accessory apartment Home occupation, excluding personal service S 1 S 1 S I S I S I S I P 36.2 -403 36.2 -402 P I P I P I P I P I P I P I P 1 36.2 -413 5 2020 Zoning Amendments 7.20.20 REV[SED.docx Home occupation, personal service Homestay Outdoor storage Stable, private Temporary health care structure i Wind turbine, commercial Wind turbine, small "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in residential districts. Sec. 36.2 -315. - Use table for multiple purpose districts. 0 Supplemental District MX CN CG ' CLS D IN ROS OF Regulation 1 Section Residential Uses Dwelling, single - family attached P P Dwelling, single - family detached P Dwelling, two - family P Dwelling, multifamily with 10 or fewer units P P P P P P Dwelling, multifamily with 11 or more units 5 S I P IP 1PIIIP 6 2020 Zoning Amendments 7.20.20 REV[SED.docx P P P P P P P P 36.2 -413 S S S S S S S S 36.2 -405 P 36.2 -423 P P 36.2 -403 P P P P P P P P 36.2 -403 S S 1 S S S 36.2 -403 S S S S 36.2 -403 "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in residential districts. Sec. 36.2 -315. - Use table for multiple purpose districts. 0 Supplemental District MX CN CG ' CLS D IN ROS OF Regulation 1 Section Residential Uses Dwelling, single - family attached P P Dwelling, single - family detached P Dwelling, two - family P Dwelling, multifamily with 10 or fewer units P P P P P P Dwelling, multifamily with 11 or more units 5 S I P IP 1PIIIP 6 2020 Zoning Amendments 7.20.20 REV[SED.docx Dwelling, townhouse or rowhouse P P P P P P 36.2 -431 I Accommodations and Group Living Bed and breakfast S S 36.2 -405 Campground S S S S Dormitory j P r Group care facility, congregate home, elderly S Group care facility, nursing home S j Group home P P P P Hotel or motel S P P P P Short -term rental S P P P P P Commercial Uses: Office and Related Uses Blood bank or plasma center I I I P I I P Business service establishment, not otherwise listed Employment or temporary labor service Financial institution Laboratory, dental, medical, or optical Laboratory, testing and research Medical clinic __TP S I P P P P I I P P P I P P P P P P P P P P P P P P I P I P I PI I I P Office, general or professional P P P P P P Office, general or professional, large scale I—P P I P P I P� TP 7 2020 Zoning Amendments 7.20.20 REVISED.docx Outpatient mental health and substance abuse clinic S Commercial Uses: Miscellaneous Animal hospital or veterinary clinic, no outdoor pens P E P P P P or runs Animal hospital or veterinary clinic, outdoor pens or runs S S S Is S Animal shelter S S S I S Caterer, commercial P P P P P I Community market S P P P P P P P Drive - through facility Drive - through kiosk Flea market, indoor Flea market, outdoor Funeral home Kennel, no outdoor pens or runs Kennel, outdoor pens or runs Live -work unit Mixed -use building Outdoor advertising sign Studio /multimedia production facility Commercial Uses: Retail S P P S S P P S P P S S P P P P P P S S S P P P P P P P P P I P P Sales P and P P Service P P 36.2 -409 36.2 -409 P� _ f P 36.2 -416 PT 36.2 -416 7 36.2 -675 F: 8 2020 Zoning Amendments 7.20.20 REV[SED.docx Bakery, confectionary, or similar food producti retail Body piercing establishment Building supplies and materials, retail Car wash, not abutting a residential district Car wash, abutting a residential district Contractor or tradesman's shop, general or spe trade Dry cleaning and laundry pick -up station Dry cleaning plant or commercial laundry Gasoline station General service establishment, not otherwise li. 'Internet sales establishment Janitorial services establishment Laundromat Manufactured or mobile home sales Motor vehicle rental establishment, withou, inventory on -site Motor vehicle rental establishment, with inven on -site Motor vehicle repair or service establishmer Motor vehicle sales and service establishment, 9 2020 Zoning Amendments 7.20.20 REVISED.docx Motor vehicle sales and service establishme Nursery or greenhouse, commercial Personal service establishment, not otherwi in this table Pet grooming Retail sales establishment, not otherwise Storage building sales Tattoo parlor Bakery, confectionary, or similar food prod wholesale Borrow or Fill Site Commercial printing establishment Electrical component assembly, whole! distribution Fueling station, commercial or wholes Manufacturing: Beverage or food proces excluding poultry and animal slaughterin, dressing Manufacturing: General, not otherwise liste table Manufacturing: Steel or metal producti fabrication, or processing Motor vehicle or trailer painting and body 2020 Zoning Amendments 7.20.20 REVISED.docx it, used I P P 36.2 -421 P P S ;e listed P P P P P P listed P P P P P P P P P P S P P P P P P ndustriol Uses uction, S S S S S S S P S 36.2 -405.1 P P ale P de P P sing, ;and P d in this S a n, S repair S S 36.2 -418 10 Workshop S P P P P 36.2 -433 Warehousing and Distribution Uses Distribution cer Self -s' V ter, not otherwise listed ( I I S ( I I I S 36.2 -404 orage building S( P S S P /arehouse P P P P Assembly and Entertainment Uses Adult uses -- ----TTTT Amphitheater Amusement, commercial, indoor Amusement, commercial, outdoor Botanical garden or arboretum Club, lodge, civic, or social organization Community center Eating establishment ( I I S ( I I I I 36.2 -404 S( P I P P I P P P P P P P P P P P P P P P P P P P P P P S P P P P P Eating and drinking establishment, not abutting a S P P P P P residential district Eating and drinking establishment, abutting a S S S S S S residential district Entertainment establishment, abutting a residential S S S S S district Entertainment establishment, not abutting a S P P P P residential district 11 2020 Zoning Amendments 7.20.20 REVISED.docx Exhibition, convention, or conferenc Gaming establishment Golf course Health and fitness center Meeting hall, abutting a residential Meeting hall, not abutting a residenti K4ic/obreweryormicrodistiUery not z residential district MicrobrevveryormicrodistiUeryabutting district Park orplayground Place of worship Recreation, indoor � Recreation, outdoor Sports stadium, arena, orco|iSe Theater, movie or performing � Zoo Public, lnsti� Aquarium orplanetarium Artist studio Cemetery zmo Zoning Amendments 7�0.20n*voco.dvm 2 center al district -1 S P Pj- P P P P P a residential um P 12 Community food operation P Community garden P P P P P P P P 36.2 -407.1 Day care center, adult P P P P P P P Day care center, child S P P P P P P 36.2 -408 Day care home, adult S S S S Day care home, child P P P P Educational facilities, business school or nonindustrial S P P P P P P trade school Educational facilities, college /university P I P I P P Educational facilities, elementary /middle /secondary P P P P P P I Educational facilities, industrial trade school P P P Educational facilities, school for the arts S P P P P P P I Fire, police, or emergency services P P P P P P P Government offices or other government facility, not P P P P P P P otherwise listed Hospital � FT�p Library P P P P P P P Museum P P P P P P P Post office P I P I P 1P I P I I P Supply pantry P P P P P P Training facility for police, fire, or emergency services ,I� P S 13 2020 Zoning Amendments 7.20.20 REVISED.docx Transportation uses Bus passenger terminal or station P S Limousine service P P Parking lot facility S P S i Parking, off -site P S P P S P P P 36.2 -652 I i Parking structure facility P S 36.2 -426 i Railroad passenger terminal or station P Utility Uses I Broadcasting studio or station P P P P P _T Broadcasting tower S S S 36.2 -432 I Utility distribution or collection, basic P P P P P P P P Utility distribution or collection, transitional S S S S S S S S Wireless telecommunications facility, small cell on p existing structure P P P P P P P 36.2 -432 - i Wireless telecommunications facility, stealth P i P P P P P P P 36.2 -432 Wireless telecommunications facility, not otherwise S listed 36.2 -432 S S S S S S S Agricultural Uses Agricultural operations S S S S S S S S Stable, commercial Wildlife rescue shelter or refuge area 2020 Zoning Amendments 7.20.20 REVISED.docx P 1 1 36.2 -428 P 14 Accessory Uses Accessory uses, not otherwise listed in this Table P P P P P P P P 36.2 -403 Accessory apartment S i 36.2 -402 P I Home occupation, excluding personal service P( P P P i I P i 36.2 -413 Home occupation, personal service —I P P I P ` P �P I ! 36.2 -413 ----------- Homestay S P P P P P 36.2 -405 Outdoor display area Outdoor recreation facility lighting or sports lighting Outdoor storage Recycling collection point Resident manager apartment Temporary health care structure Wind turbine, commercial Wind turbine, small stadium P P P ,P` S S S S i S S S -FFS S P P S i P P P I c _ _ I S S S S I S l S S S S I S S S S 36.2 -422 36.2 -403 36.2 -423 36.2 -403 36.2 -403 36.2 -403 36.2 -403 "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in multiple purpose districts. 15 2020 Zoning Amendments 7.20.20 REVISED.docx Sec. 36.2 -322. - Use table for industrial districts. Supplemental District I -1 1 -2 AD Regulation Section Residential Uses Dwelling, single - family detached Dwelling, two family Dwelling, multifamily Dwelling, townhouse or rowhouse Accommodations Hotel or motel Commercial Uses: Business service establishment, not otherwise I Employment or temporary labor service Financial institution Laboratory, dental, medical, or optical Laboratory, testing and research Office, general or professional Office, general or professional, large scale Commercial U. Animal hospital or veterinary clinic, no outdoor pi runs 2020 Zoning Amendments 7.20.20 REVISED.docx 16 IS _T S S S 36.2 -431 and Group Living Uses P 7ffice and Related Uses sted P IP P P P P P P P P P __F . P P es: Miscellaneous .ns or P r i 16 Animal hospital or veterinary clinic, with c or runs Caterer, commercial Drive - through facility Kennel, no outdoor pens or ru Kennel, outdoor pens or run! Live -work unit Mixed -use building Outdoor advertising sign Pet crematorium Pet grooming Studio /multimedia production fa CommerciG Bakery, confectionary, or similar food pro Building supplies and materials, i Car wash, not abutting a residential Car wash, abutting a residential d Commercial motor vehicle rental esta Commercial motor vehicle sales anc establishment, new Commercial motor vehicle sales anc establishment, used 2020 Zoning Amendments 7.20.20 REVISED.docx 17 Contractor or tradesman's shop, general of trade Dry cleaning and laundry pickup static Dry cleaning plant or commercial launi Gasoline station General service establishment, not otherwi! Internet sales establishment Janitorial services establishment Lumberyard Manufactured or mobile home sales Motor vehicle rental establishment, without i on -site Motor vehicle rental establishment, with inve site Motor vehicle repair or service establishn Nursery or greenhouse, commercial Recreational vehicle or boat sales Retail sales establishment, not otherwise I Storage building sales Inc Asphalt or concrete plant 2020 Zoning Amendments 7.20.20 REVISED.docx 18 Bakery, confectionary, or similar food product wholesale Borrow or Fill Site Biosolids field Building supplies and materials, wholesale Commercial printing establishment Composting facility Contractor's shop, heavy construction Dairy products, processing, bottling, and whole distribution Electrical component assembly, wholesale distri Fuel oil distribution Fueling station, commercial or wholesale Junkyard Manufacturing: Beverage or food processing, ex poultry and animal slaughtering and dressir Manufacturing: Chemical, refining or process including the manufacture, refining or processi ammonia, bleach, bluing, calcimine, chlorine, co acid or alkali, dyes, fats, fertilizer, gutta perc gypsum, lampblack, oils, oxygen, paints, plant Paris, potash, rubber, shellac, tar, turpentine, vi yeast Manufacturing: Chemical, refining or processin otherwise listed in this table 2020 Zoning Amendments 7.20.20 REVISED.docx on, P P S S S 36.2 -405.1 S P P P P P P S S 36.2 -407.2 P P ,sale P P )ution P P P S P P P I S S 36.2 -414 auding P P Ig ng, ng of ,rosive -ia, S �r of negar, i I ;, not P P I P I 19 Manufacturing: General, not otherwise listed in this P P P table Manufacturing: Steel or metal production, fabrication, S P P or processing Manufacturing: Wood products, including the P shredding or grinding of wood to create mulch. Meat packing and poultry processing S Milling or feed and flour mills S S Motor vehicle or trailer painting and body repair S P Outdoor storage lot S S S Quarry S Recycling center S S Tire recapping S Towing service P P Welding or machine shop P P Workshop P P P Wrecker yard S S Warehousing and Distribution Uses Distribution center, not otherwise listed P P P Self- storage building P P P Self- storage facility P P P Storage of commercial motor vehicles P P 36.2 -418 36.2 -414 36.2 -430 36.2 -433 36.2 -414 20 2020 Zoning Amendments 7.20.20 REVISED.doex Storage of motor vehicles for rental (no c or leasing facility) Tank farm, petroleum bulk station and other aboveground storage of flamma Warehouse Assemt Amphitheatre Amusement, commercial, outdi Eating establishment Eating and drinking establishment, al residential district Eating and drinking establishment, not residential district Entertainment establishment, abutting district Entertainment establishment, not abuttinj district Go -cart track Health and fitness center Microbrewery or microdistiller Paintball facility, outdoor Park or playground Recreation, indoor 2020 Zoning Amendments 7.20.20 REVISED.docx 21 Recreation, outdoor P P P Theater, movie or performing arts P TP P Public, Institutional, and Community Uses Artist studio P Community garden P P P 36.2 -407.1 Educational facilities, business school or nonindustrial i trade school P P Educational facilities, industrial trade school P P Educational facilities, school for the arts P P P Fire, police, or emergency services P P Government offices or other government facility, not otherwise listed P P Military reserve or National Guard center P P Post office P P Supply pantry P Training facility for police, fire, or emergency services P P Transportation Uses Airport or airport - related commercial and personal P service uses Bus maintenance, including repair and storage P P Limousine service P P P Motor freight terminal or truck terminal P P P 22 2020 Zoning Amendments 7.20.20 REVISED.docx Parking Parkin g Railroad freight yard, repai Taxica blot facility P , off -site P P P 36.2 -652 r shop, and marshalling yard P business P P P _ Utility Uses Broadcasting studio or station P Broadcasting tower S Hazardous materials facility Utility distribution or collection, basic P r Utility distribution or collection, transitional P Utility generation or treatment Utility maintenance and service facility P Wireless telecommunications facility, small cell on P existing structure Wireless telecommunications facility, stealth P Wireless telecommunications facility, not otherwise S listed _ Agricultural Uses _T Agricultural operations P Animal shelter P Accessory Uses 2020 Zoning Amendments 7.20.20 REVISED.docx S S P P P P P S P P P �P P I S P P I 36.2 -432 36.2 -432 36.2 -432 36.2 -432 23 _ Utility Uses Broadcasting studio or station P Broadcasting tower S Hazardous materials facility Utility distribution or collection, basic P r Utility distribution or collection, transitional P Utility generation or treatment Utility maintenance and service facility P Wireless telecommunications facility, small cell on P existing structure Wireless telecommunications facility, stealth P Wireless telecommunications facility, not otherwise S listed _ Agricultural Uses _T Agricultural operations P Animal shelter P Accessory Uses 2020 Zoning Amendments 7.20.20 REVISED.docx S S P P P P P S P P P �P P I S P P I 36.2 -432 36.2 -432 36.2 -432 36.2 -432 23 Accessory uses, not otherwise listed in this Table I P P I P 36.2 -403 Outdoor recreation facility lighting or sports stadium lighting S 36.2 -403 I S S Outdoor storage P � 36.2 -423 I i P P Portable storage container P P I 36.2 -403 Recycling collection point 36.2 -403 P Resident manager apartment 36.2 -403 P P Temporary health care structure Wind turbine, commercial 36.2 -403 P P Wind turbine, small P ! 36.2 -403 P P "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in residential districts. Sec. 36.2 -327. - Use table for planned unit development districts. Supplemental MXPUD INPUD IPUD Regulation Section Residential Uses Dwelling, single - family attached P Dwelling, single - family detached P Dwelling, two - family P 24 2020 Zoning Amendments 7.20.20 REVISED.docx Dwelling, multifamily P P j i Dwelling, townhouse or rowhouse P P 36.2 -431 Accommodations and Group Living Bed and breakfast P P 36.2 -405 Campground i P P I Dormitory P Group care facility, congregate home, elderly i P P Group care facility, congregate home, not otherwise listed P Group care facility, group care home P Group care facility, halfway house P Group care facility, nursing home P P Group care facility, transitional living facility P Group home P P Hotel or motel P P P Commercial Uses: Office and Related Uses Blood bank or plasma center P Business service establishment, not otherwise listed P P P Financial institution P P P Laboratory, dental, medical, or optical P P P Laboratory, testing and research P P i 25 2020 Zoning Amendments 7.20.20 REVISED.docx Medical clinic P P Office, general or professional P P P Office, general or professional, large scale P P P_ Outpatient Commercial Uses: Miscellaneous —7 Animal hospital or veterinary clinic, no outdoor pens or runs p Animal hospital or veterinary clinic, outdoor pens or runs ' p Caterer, commercial P / Community market Drive'throu8hfaci|ity 36.2'409 Drive'throughkio»k | | 362'409 Live+workunit P 262-416 ! P 2 Mixed-use building ' ' P \ \ P | P | 36.2'416 Studio/multimedia production facility P P P P p p Commercial Uses: Retail Sales and Service Bakery' confectionary' or similar food production' retai| P P P P p p / IPE z02o Zoning Amendments 7zozunevoeo.d^o General service establishment, not otherwise list, Laundromat Lumberyard Motor vehicle rental establishment, without inventory Motor vehicle rental establishment, with inventory c Nursery or greenhouse, commercial Personal service establishment, not otherwise listed in Pet grooming Retail sales establishment, not otherwise listec Industrial L Bakery, confectionary, or similar food production, wl^ Borrow or Fill Site Building supplies and materials, wholesale Commercial printing establishment Contractor's shop, heavy construction Dairy products, processing, bottling, and wholesale dis Electrical component assembly, wholesale distribL Fuel oil distribution Fueling station, commercial or wholesale Manufacturing: Beverage or food processing, excludin� and animal slaughtering and dressing 2020 Zoning Amendments 7.20.20 REVISED.docx I 27 Manufacturing: Chemical, refining or processing listed in this table Manufacturing: General, not otherwise listec Manufacturing: Steel or metal production, fa processing Milling or feed and flour mills Welding or machine shop Workshop Warehousing c Distribution center, not otherwise lis Self- storage building Warehouse Assembly and cntertainmenr uses Amphitheater Amusement, commercial, indoor Amusement, commercial outdoor Botanical garden or arboretum Club, lodge, civic, or social organization Community center Eating establishment Eating and drinking establishment, not abutting a district 2020 Zoning Amendments 7.20.20 REVISED.docx 28 P P (P _P P P P P P P P P P P P 'esidential P P P 2020 Zoning Amendments 7.20.20 REVISED.docx 28 Eating and drinking establishment, abutting a residential district P i k P I P Entertainment establishment, abutting a residential district P P P Entertainment establishment, not abutting a residential district P P P Golf course P Health and fitness center ( P P Meeting hall P P Microbrewery or microdistillery ? P Park or playground P P TT Place of worship � P P Recreation, outdoor ---TP P P Sports stadium, arena, or coliseum P Public, Institutional, and Community Uses Aquarium or planetarium I — —� ! P � I Artist studio P P P Community food operation P P Community garden ��� P P P 36.2 -407.1 I i Day care center, adult ( P P Day care center, child P P ( 36.2 -408 Day care home, child P P Educational facilities, business school or nonindustrial trade P P F school 29 2020 Zoning Amendments 7.20.20 REVISED.doex Educational facilities, college /university P Educational facilities, elementary /middle /secondary P Educational facilities, industrial trade school -I-- P _T Educational facilities, school for the arts I P P P Fire, police, or emergency services P P Government offices or other government facility, not otherwise P P P listed Hospital P Library P P P Military reserve or National Guard center P P Museum P P Post office P P Supply pantry P P Training facility for police, fire, or emergency services P P Transportation Uses Bus maintenance, including repair and storage P Motor freight terminal or truck terminal P Parking, off -site P P ( P 36.2 -652 Taxicab business P Utility Uses Broadcasting studio or station P I P I P 30 2020 Zoning Amendments 7.20.20 REVISED.docx Broadcasting tower S S 36.2 -432 Hazardous materials facility S S Utility distribution or collection, basic P P P Utility distribution or collection, transitional ( S P P Utility maintenance and service facility P Wireless telecommunications facility, small cell on existing P P P 36.2 -432 structure Wireless telecommunications facility, stealth P P P 36.2 -432 Wireless telecommunications facility, not otherwise listed P P P 36.2 -432 i Agricultural Uses Agricultural operations P P P Accessory Uses Accessory uses, not otherwise listed in this Table Accessory apartment Home occupation, excluding personal service Home occupation, personal service Outdoor recreation facility lighting or sports stadium ligh Outdoor storage Portable storage container Recycling collection point Resident manager apartment 2020 Zoning Amendments 7.20.20 REV[SED.docx 61 P P P P 36.2 -403 36.2 -402 36.2 -413 36.2 -413 36.2 -403 36.2 -423 36.2 -403 36.2 -403 36.2 -403 31 Temporary health care structure Wind turbine, commercial S S S 36.2 -403 Wind turbine, small S S 36.2 -403 "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted. Emma See. 36.2- 410.1. — Fill or Borrow Sites. a) Purpose. The following standards for fill and borrow sites are intended to allow for such activities to occur in an urban setting in a manner that promotes public safety and efficient operation by addressing the intensity of the operation, duration of the operation and general compatibility with adjacent uses. The specific purposes of this section are to: (1) Minimize the negative impact of fill or borrow sites created by the operation of heavy construction equipment; (2) Promote rig operations that are in keeping with surrounding topography /grade related to steep slopes or increased /decreased elevation /ground surfaces; (3) Minimize impacts of ongoing land disturbance/grading in proximity to other land uses, particularly residential or commercial uses; (4) Ensure that no waste materials are disposed at a fill or borrow operation; and (5) Ensure that during and upon completion of activity that the fill or borrow area is properly stabilized and graded to prevent ponding_ (6) Provide additional criteria for evaluation of a special exception application for a fill sites in various zoning districts. (b) Applicability. The supplemental regulations of this section shall apply to any fill or borrow site as permitted by this chapter. Any new borrow or fill site and any substantial intensification of an existing borrow or fill site shall require approval by special exception. For purposes of this regulation, substantial intensification shall mean any of the following_ 32 2020 Zoning Amendments 7.20.20 REVISED.doex (1) Exceeding the he approved final grade of the site. (2) Extending the time period of the operation beyond the duration of the original approval as applicable. (3) Expanding a temporary operation beyond the scope or time frame permitted as a temporary use. (4) Adding processing, screening or sorting of fill or borrow material beyond that approved by a special exception. (c) Additional considerations in review of applications for special exception applications for borrow or fill sites: (1) Multiple Purpose Districts and Airport District — Borrow or fill sites operated for a defined period of time to prepare a site for future development may be ppropriate if impacts on nearby properties can be adequately mitigated. (2) Light and Heavy Industrial Districts and Residential Agriculture District — long -term borrow or fill operations may be appropriate if impacts on nearby properties can be adequately mitigated. (3) Planned Unit Development Districts — The Board of Zoning Appeals may approve a special exception for a borrow or fill site under the following circumstances: (A) When a development plan has been approved for the property and the borrow or fill operation will occur for a defined period of time to prepare the site for development as proposed on the approved development plan (B) When a development plan has not been approved and the borrow or fill aeration will occur for a defined period of time to prepare a site for future development if impacts on nearby properties can be adequately mitigated. (d) Standards applicable to all fill or borrow sites (1) Fill material may include clean soil aggregate or inert material. Fill material shall not include any solid waste as defined by the Commonwealth of Virginia in 9VAC20 -81 -95 with the exception of using rocks brick block dirt broken concrete, crushed glass, porcelain and road pavement as clean fill provided such activity does not create an open dumb hazard or public nuisance. (2) Each active borrow or fill site shall be shaped and sloped so that no undrained pockets or stagnant pools of water are created. 33 2020 Zoning Amendments 7.20.20 REVISED.doex (3) Borrow or fill sites shall be graded so that finished grades align with and blend into the surrounding topography. Fill and Borrow sites shall not create unnatural peaks or basins. (4) The fill or borrow site and the access roads thereto shall be treated or maintained to prevent dust or debris from blowing or spreading onto adjacent properties or public streets. Depending on the anticipated intensity and duration of the activity and the character of the development of adjoining_ properties the Zoning Administrator may require fencing and landscaping requirements consistent with Article 6 of this Chapter. (5) Fill or borrow sites using industrial -type power equipment shall be limited to the hours of 7:00 a.m. to 9:00 p.m., except in cases of a public emergency. The Board of Zoning Appeals may impose more restrictive time limits as part of the approval of a special exception. (6) No processing of material including separation, screening, crushing or sorting of material such as debris or potential waste material is permitted unless specifically approved as part of a special exception. (7) Storage of equipment and vehicles except for equipment needed specifically to excavate spread or compact soils, is prohibited. (8) Borrow or fill operations shall cease when the earlier of reaching approved final grade end of associated construction activity, or r the time period of a special exception if applicable is reached. (9) Reclamation of any borrow or fill site shall commence within seven days of completion of such operation, and be completed within 60 days of completion of the operation, or such later time authorized by the Zoning Administrator for reclamation activities of a seasonal nature. Reclamation shall include, but not be limited to restoring the area so that it approximates natural contours; shaping and sloping the area to prevent ponding• covering the area with clean fill to a minimum depth of two feet in order to allow for permanent stabilization and reclamation; and establishing a permanent vegetative ground cover; provided that the Zoning Administrator may reduce the minimum depth of clean fill to one foot if the area is unlikely to be redeveloped. (10) Borrow or fill sites approved with a time limit or as a temporary activity shall have a development agreement that specifies the time limit and /or the project that the activity is associated with and that the borrow or fill operation will cease when that time limit or project ceases. 34 2020 Zoning Amendments 7.20.20 REVISED.docx Sec. 36.2- 407.2. — Composting Facilities (a) Purpose The following standards for composting facilities are intended to allow for such operations to occur in an urban setting in a manner that promotes public safety and efficient operation by addressing the characteristics of the operation duration of the operation and eg neral compatibility with adjacent uses. The specific purposes of this section are to minimize the potentially negative impacts of composting operations including: 1) Identifying the tvves and Quantities of material to be composted. (2) Identifying how the composted material will be used. (3) Identifying the process used for composting. (4) Ensuring proper management of dust odor and runoff from the facility. (b) Standards. (1) All composting facilities shall comply with the Virginia Solid Waste Management Regulations including 9VAC20 -81 -310, et seq including maintaining and implementing a suitable operations plan managing runoff from the facility, proper storage /handling of material and controlling the presence of animals that could transmit infectious disease or create a nuisance on nearby properties. 2) Operators of composting facilities shall update the facilit operation plan and implement appropriate measures to address undesirable conditions including dust, air pollution (odors), leaks or spills and presence of animals that could transmit infectious disease or otherwise present a nuisance to nearby properties. (3) Operators of a composting facility shall create, implement and maintain and odor management plan for the facility. The operator shall update the facility odor management plan to address undesirable air pollution (odors) from the operation. (c) An application for a special exception for a composting facility acilit include the following: (1) A development plan showing the basic layout of the facility including composting vessels, wind rows or piles, storage /staging areas features for managing runoff from or runon to the facility, setbacks to adjacent properties and structures. 35 2020 Zoning Amendments 7.20.20 REVISED.doex (2) Description of the types of materials to be composted and the method of composting g facilitytype and feedstock category as identified in 9VAC20 -81 -310). (3) Proposed use for composted material. (4) Amount of material to be processed per year and to be stored or handled on -site at any given time. (5) Method of transporting material to and from the facility. O Copy of the Operating Plan for the facility required by the state solid waste management regulations. (7) Odor management plan. (d) Final approval before start of operations — Prior to issuing a certificate of occupancy to establish a composting facility, acility the applicant shall provide documentation to the zoning administrator that a Virginia Department of Environmental Quality permit has been issued for the facility, when applicable. Sec. 36.2 -423. - Outdoor storage. Where permitted by this chapter, outdoor storage shall comply with the following requirements: (e) Storage of bulk material including but not limited to sand gravel mulch or soil shall be contained on site to prevent material deposition into or upon public or private streets or alleys any adjacent properties, or storm drainage system or waterway. Such containment shall be shown on a development plan submitted to the Zoning Administrator for approval and shall be in place prior to commencement of the storage activity. Sec. 36.2 -429. - Temporary uses. (a) Applicability. Authorized temporary uses, including permitted locations, duration, and maximum number per calendar year, and whether or not a zoning permit is required, shall be as set forth in Table 429 -1: 36 2020 Zoning Amendments 7.20.20 REVISED.docx m..l.l.. A1O_I 'r.m-nrary 1TcP4 Maximum i Zoning AIbeFFrequency per permit CalendaF Year- Required? fef Lot I 1 /Calendar Year No 1 /Calendar Year Yes C Not applicable I Yes Fireworks stand, subject to Section 21- CG, CLS, OF 30 calendar days 1 /Calendar Year Yes 207 of this Code u CN, CG, CLS, D, Mobile food and ROS, UP, Industrial No limitation Not applicable No beverage vending districts, and PUD districts Outdoor retail sales, , subject to subsection CG, CLS, OF 10 calendar days 4 /Calendar Year Yes (c), below Portable storage containers, subject to Any district subsection (d), below RA, R -12, R -7, R -5, R -3, RM -1, RM -2, RMF, MX, MXPUD: •30 consecutive calendar days, except See maximum duration Yes 60 consecutive calendar days when there is a change of residency in a dwelling unit *Limited to 120 days 37 2020 Zoning Amendments 7.20.20 REV[SED.docx Zoning Districts Maximum Activity Where Duration Permitted Auction Any district 3 calendar days �RA, CN, CG, Christmas tree sales 60 calendar days y CLS, 1 -1, 1 -2, OF Construction - related activities or model For duration of home office, subject Any district construction activity to subsection (b), below Maximum i Zoning AIbeFFrequency per permit CalendaF Year- Required? fef Lot I 1 /Calendar Year No 1 /Calendar Year Yes C Not applicable I Yes Fireworks stand, subject to Section 21- CG, CLS, OF 30 calendar days 1 /Calendar Year Yes 207 of this Code u CN, CG, CLS, D, Mobile food and ROS, UP, Industrial No limitation Not applicable No beverage vending districts, and PUD districts Outdoor retail sales, , subject to subsection CG, CLS, OF 10 calendar days 4 /Calendar Year Yes (c), below Portable storage containers, subject to Any district subsection (d), below RA, R -12, R -7, R -5, R -3, RM -1, RM -2, RMF, MX, MXPUD: •30 consecutive calendar days, except See maximum duration Yes 60 consecutive calendar days when there is a change of residency in a dwelling unit *Limited to 120 days 37 2020 Zoning Amendments 7.20.20 REV[SED.docx Produce stand (not applicable to community markets) RA, CN, CG, CLS, 1 -1, 1 -2, OF �Public events, subject CN, CG, CLS, D, I to subsection (e), N, ROS, I -1, I -2, below IPUD, INPUD, OF __-1. Public events, exempt'; from subsection (e) Any district below per calendar year CN, CG, CLS, 1 -1, 1 -2, D, IN, ROS, AD, INPUD, IPUD, UF: • 120 consecutive days •Limited to 120 days per calendar year per lot 90 calendar days, limited to 1 permit per any 90- calendar day period per lot 14 calendar days Two calendar days Not applicable Not applicable Two /Calendar Year, with an interval of at least three months between events Temporary, short - term filling, grading; or borrow operation, Any District subiect to subsection 90 consecutive calendar day period Once /2 Year Period f below Yard or garage sales, Any residential ( 2 consecutive calendar 2 /Calendar Year, with an interval subject to subsectio n district or days, limited to the y , of at least 3 (f), below dwelling unit daylight hours months between sales (b) Construction- related activities. Yes Yes (3) The use of an off -site property as a receiving area (fill site) or as source area (borrow site) for soil material generated from or needed at a construction site may be considered a temporary activity provided that off -site property is used solely for the 2020 Zoning Amendments 7.20.20 REVISED.docx No Yes 71no specific construction protect (not used by other projects as a borrow or fill site for other projects). (f) Temporary Short-Term Filling Grading or Borrow Operation. For purposes of this section a "Temporary, Short-Term Filling Grading or Borrow Operation" means any activity that noticeably changes the grade on property and is not associated with development activity on that parcel. All Temporary Filling, Grading or Borrow Operations shall be subject to the supplemental regulations found in Section 36.2- 410.1. (€)(gl Yard or garage sales. For purposes of this section, a "yard or garage sale" means a public sale at a dwelling at which personal items belonging to the residents of the dwelling are sold. Yard or garage sales shall be permitted as set forth in Table 429 -1, provided that: (1) Items purchased elsewhere expressly for resale at a yard or garage sale shall be prohibited; and (2) Goods intended for sale shall not be stored or displayed in the front or side yards of a dwelling except on the day of the sale. Sec. 36.2 -552. - Basic development plans. (a) Applicability. A basic development plan shall be submitted as part of a zoning permit application for the following activities: (1) Construction of, reconstruction of, relocation of, or addition to a single- family detached dwelling, a single - family attached dwelling, a two - family dwelling or permitted accessory structure and including associated grading and clearing, where such grading and clearing does not involve adjoining lots; or, (2) Construction of, reconstruction of, relocation of, or addition to a single- family attached dwelling, a two - family dwelling or permitted accessory structure and including associated grading and clearing, on any lot within a subdivision with a valid subdivision site plan; or (3) Genstnaetio i of any s fruetur par-king, i . ouia „-f ' n other- uee dufing which less than two thousand five hundfed (2,500) squafe feet of afea will se— distar-be d Establishment, relocation or expansion of a community garden including construction, reconstruction or moving of an accessory structure and associated grading and clearing; or 39 2020 Zoning Amendments 7.20.20 REVISED.docx (4) Establishment, o f + a a o 'i�I.y' bu " stmeture and assoeiated actin , and eleafing. Construction of any structure parking or other impervious surface during which less than two thousand five hundred (2,500) square feet of area will be disturbed. Sec. 36.2 -553. - Comprehensive development plans. (c) Decision. (1) The Agent to the Planning Commission shall approve or disapprove all comprehensive development plans, except as set out in Section 36.2- 553(c)(2). (A) The Agent shall process and coordinate the review of comprehensive development plans with the City Engineer, other applicable departments, and the Western Virginia Water Authority. (B) Within twelve (12) business days after the initial submittal or resubmittal of a comprehensive development plan, the Agent shall notify the applicant or his representative, in writing, that: (i) The information on the development plan-is incomplete; in effer-, or- laeking in detail, and delineate the additional at required neeessafy .isio.. s and the review of the plan will not begin until all required information is submitted; or (ii) The development plan is suffieien+ in it -e m- rvrirrcrcrvn-- and r-csc been r-eviewed , ..viewed and approve4 complete and review of the plan will commence. C) Within twelve (12) business days after the initial submittal of a comprehensive development plan is deemed complete, or receipt of a resubmittal of a comprehensive development plan. the Agent shall notify the applicant or the applicant's representative in writing that (i) The information on the development plan is incomplete, in error, or lacking in detail, and delineate the additional information required or necessary revisions; or 40 2020 Zoning Amendments 7.20.20 REVISED.docx (ii) The development plan is sufficient in required information and accuracy and has been reviewed and approved. DIVISION 3. - GENERAL DEVELOPMENT STANDARDS Sec. 36.2 -630. - General development standards. The provision and location of all pedestrian and vehicular traffic related facilities, including sidewalks, curbs and gutters, bicycle facilities, street trees, street lighting, frontage roads, and acceleration and deceleration lanes; as required by the Agent to the Planning Commission Likewise the Agent to the Planning Commission may require removal or replacement of such facilities when new development necessitates or no longer requires such facilities including removal of unused or excessive vehicular entrances. shall _ as _ _zu__ __ by ____ The Agent to the Planning Commission may require such improvements, provided that the property's development directly generates the need for such infrastructure and provided further that the infrastructure required is in proportion to the level of need generated by the development. Such determination by the Agent shall be based upon a quantifiable need documented by analysis of existing and post - development conditions, such as traffic or drainage studies. Sec. 36.2 -642. - General landscaping and screening standards. (b) Planting materials. Where landscaping is required by this division, the following standards shall apply: (1) Trees used to meet the requirements of this division shall be selected from the current list of landscape trees approved and published by the zoning administrator (Tree List). Such list shall specify minimum height or minimum caliper at planting, the 20- year canopy of trees in square feet, and the suitability of each species for parking areas, site canopy, or buffer yards. (4) All required landscaping materials shall meet the specifications and standards of the AmicanHort, previously the American A,eeiatio„ Nursery and Landscape Association. (5) Where the planting of tfeeR-w44e-htrees that have a height at twenty - year tur- ty whi^h maturity, which would interfere with tfility lines utilities, the Zoning Administrator may, as a part of development plan approval, pefmit the substittition of trees with 41 2020 Zoning Amendments 7.20.20 REVISED.docx ff. (A) Permit the substitution of trees with a lesser height at maturity, provided the substitute trees shall be provided at a rate that will result in the same amount of total tree canopy. (B) Require that trees not be located within 10 feet of sewer lines and lateral unless the tree species is determined to be suitable for planting in proximity to such utilities. Sec. 36.2 -643. - Preservation of existing landscape features. (a) Generally. (3) With the approval of the Zoning Administrator, any existing tree, of six (6) inch caliper or greater, determined to be in healthy condition and of a species permitted and suitable for the requirement of this division for which credit is requested, as established in Table 642-4 in the Tree List, and preserved on the site in accordance with Section 36.2- 643(b), may receive a tree preservation bonus. For purposes of this subsection, a tree preservation bonus shall provide credit as follows for purposes of satisfying tree canopy requirements: (A) Existing approved tree of at least six (6) inch caliper shall receive a canopy credit of two (2) trees of the same species; (B) Existing approved tree of at least nine (9) inch caliper shall receive a canopy credit of three (3) trees of the same species; or (C) Existing approved tree of at least twelve (12) inch caliper shall receive a canopy credit of four (4) trees of the same species. D) The Zoning Administrator may establish an appropriate credit for preservation of trees not listed in the city's Tree List subject to the Zoning Administrator's determination that the height, caliper, canopy, and suitability characteristics of such alternative trees are consistent with the intent and standards of this Division. The resource for such determination shall be based on the published reference text, 42 2020 Zoning Amendments 7.20.20 REVISED.docx Manual of Woody Landscape Plants fifth edition, 1998_ Michael A. Dirr. Sec. 36.2 -648. - Parking area landscaping. (a) Parking areas shall be subject to the following buffering and screening standards: (3) Trees required by this section shall be selected from Table 642 the Tree List. Sec. 36.2 -652. - Minimum parking. (a) Applicability. (1) Where minimum parking is required pursuant to the dimensional regulations of the district, the required minimum number of off - street parking spaces shall be provided as set forth in Table 652 -2, or as specified on the development plan for a planned unit development district. Table 652 -2. Required Parking Spaces Minimum Number of Parking Spaces Required Maximum' Use Calculated as 1 Space for Each Specified Unit Parking Accessory Uses Accessory uses None N Residential Uses Dwelling, single - family attached 0.667 dwelling unit N Dwelling, single - family detached None N Dwelling, two - family 0.667 dwelling unit N 43 2020 Zoning Amendments 7.20.20 REVISED.doex Dwelling, multifamily, elderly (intended and designed exclusively to house the elderly) Dwelling, multifamily, other than elderly Dwelling Townhouse or row house Dwelling, manufactured home > Dwelling, mobile home 1.333 dwelling uni 0.6�' dwelling uni 0.&— dwelling uni Not applicable Accommodations and Group Living Bed and breakfast Guest bedroom, plus 2 spaces Boarding house Dormitory Group care facility, congregate home, elderly Group care facility, congregate home, not otherwise listed in this table Group care facility, group care home Group care facility, halfway house Group care facility, nursing home Group care facility, transitional living facility Group home, subject to Section 15.2- 2291, Code of Virginia Hotel or motel 2020 Zoning Amendments 7.20.20 REVISED.doex 3 rooms or dwelling units Room; add spaces for meeting or restaurant area as additional principal uses. N N N i f N I N N N N Y i .. Commercial Uses: Office and Related Uses Y Blood bank or plasma center T_ Y Drive- through facility Not applicable Business service establishment, not ( ' otherwise listed in this table Employment or temporary labor service 300 sf net floor area Flea market 500 sf of indoor or outdoor display area Y Financial institution Funeral home 4 seats in largest chapel or viewing room Y Laboratory, dental, medical, or optical Laboratory, testing and research 1,000 sf net floor area N Y �Y Medical clinic Office, general or professional Outpatient mental health and substance 300 sf net floor area Y abuse clinic F -- Y Commercial Uses: Miscellaneous Animal hospital or veterinary clinic 500 sf net floor area Caterer, commercial Y Y Community market _ y Drive- through facility Not applicable Y Drive - through kiosk Flea market 500 sf of indoor or outdoor display area Y Funeral home 4 seats in largest chapel or viewing room Y Kennel 1,000s f net floor area Live -work unit 1.5 dwelling unit Y '" 2020 Zoning Amendments 7.20.20 REV[SED.docx Subject to the requirements of the uses in the Y Mixed -use building building Outdoor advertising sign None N Pet crematorium 1,000 sf net floor area Y Studio /multimedia production facility 500 sf net floor area Y Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar food production, retail Body piercing establishment 300 sf net floor area Building supplies and materials, retail Business service establishment, not otherwise listed in this table 1.5 self- service bay Car wash 0.25 automated service bay Commercial motor vehicle rental 1,000 sf net floor area establishment Commercial motor vehicle sales and 5,000 sf of lot area service establishment, new or used Contractor or tradesman's shop, general 600 sf net floor area or special trade Dry cleaning and laundry pickup station 250 sf net floor area Dry cleaning plant or commercial laundry 500 sf net floor area Gasoline station None General service establishment, not 350 sf net floor area otherwise listed in this table 2020 Zoning Amendments 7.20.20 REVISED.docx Y Y Y Y Y N Y Y Y Y Y Y M Janitorial services establishment Y Laundromat Lumberyard 1,000 sf net floor area Y Manufactured or mobile home sales 500 sf of sales and service building Y Motor vehicle rental establishment 1,000 sf net floor area N Motor vehicle repair or service 1.5 service bay Y establishment Motor vehicle sales and service 750 sf net floor area I Y establishment, new or used 1,000 sf of indoor floor sales area plus 1 space Nursery or greenhouse, commercial for every 1,000 sf of greenhouse or net N outdoor sales and customer display area Personal service establishment, not 300 sf net floor area Y otherwise listed in this table Pet grooming 500 sf net floor area Y Recreational vehicle or boat sales 1,000 sf net floor area Y I Retail sales establishment —Large appliances, furniture, household fixtures, 1,000 sf of retail showroom area N swimming pools, hot tubs, spas I Retail sales establishment, not otherwise 250 sf of retail area Y listed in this table Storage building sales 500 sf of sales building Y I Tattoo parlor 300 sf net floor area Y Industrial 2020 Zoning Amendments 7.20.20 REVISED.docx 47 1,000 sf up to 10,000 sf of building area, then 1 All industrial uses space for every 2,000 sf of remaining building N area Warehousing and Storage Distribution center, not otherwise listed in 5,000 sf up to 50,000 sf of building area, then 1 this table space for every 10,000 sf of remaining building N area Mini Self - storage building Self - storage facility Storage of commercial motor vehicles Not Applicable N Storage of motor vehicles for rental (no on -site rental or leasing facility) Tank farm, petroleum bulk station and 1,000 sf up to 10,000 sf of building area, then 1 terminal, or other aboveground storage of space for every 2,000 of remaining building N i flammable liquids area 5,000 sf up to 50,000 sf of building area, then 1 Warehouse space for every 10,000 sf of remaining building N area Assembly and Entertainment Adult uses 500 sf building area Y 6 seats or 600 sf of total assembly area, Amphitheater whichever is greater Y Amusement, commercial, indoor 250 sf net floor area Y Amusement, commercial, outdoor 1,000 sf of activity area Y i Botanical garden or arboretum Not applicable I Y Club, lodge, civic, social, or fraternal organization 300 sf of net floor area N Community center 48 2020 Zoning Amendments 7.20.20 REVISED.docx Eating establishment Eating and drinking establishment 100 sf net floor area N Entertainment establishment Exhibition, convention, or conference 8 persons of maximum load occupancy Y center Gaming establishment 250 sf net floor area N Go -cart track 1,000 sf of activity area Y Golf course 0.5 holes Y Health and fitness center 5 persons of maximum load occupancy Y i Meeting hall 5 persons of maximum load occupancy Y Paint ball facility, outdoor 2,000 sf of activity area Y Park or playground, not otherwise listed in None N this table 4 seats or per 6 linear feet of bench seating in the portion of the building to be used for Place of worship Y services or the largest assembly room, whichever is greater Recreation, indoor — Bowling alley 0.5 lane Y Recreation, indoor —Ice skating or roller 200 sf of skating area Y skating rink Recreation, indoor or outdoor — Basketball 0.5 court Y courts Recreation, indoor or outdoor— Batting 0.5 cage Y cages Recreation, indoor or outdoor - 500 sf of skating area Y Skateboarding course 49 2020 Zoning Amendments 7.20.20 REVISED.docx Recreation, indoor or outdoor - 75 sf of water area Swimming pools Recreation, indoor or outdoor — Tennis or 0.75 court other racquet courts Recreation, outdoor — Athletic fields 2,000 sf field area Recreation, outdoor —Golf driving ranges 0.75 tee Recreation, indoor, not otherwise listed in 500 sf of activity area this table Recreation, outdoor, not otherwise listed 1,000 sf of activity are. in this table Sports stadium, arena, or coliseum 5 seats Theater, movie or performing arts 5 seats Zoo 2,500 sf of display area Public, Institutional or Community Facilities Aquarium or planetarium 2,000 sf net floor area Artist studio 1,000 sf net floor area Cemetery Community food operation Community garden Day care center, adult Day care center, child Day care home, child None 1,000 sf net floor area None 8 persons as permitted by max 8 children as permitted by max Not applicable 50 2020 Zoning Amendments 7.20.20 REVISED.docx Educational facilities, business school or nonindustrial school Educational facilities, college /university Educational facilities, elementary Educational facilities, middle Educational facilities, secondary Educational facilities, industrial trade school Educational facilities, school for the arts Fire, police, or emergency services Government facility —Jail Government offices or other government facility, not otherwise listed in this Table I Hospital Library Military Reserve or National Guard Center Museum Post office Supply pantry Training facility for police, fire, or emergency services 4 students Y 4 full -time equivalent students Y 0.5 classroom Y 0.5 classroom Y 7 students Y 5 students I Y 300 sf Y 500 sf N 20 inmate capacity N 300 sf net floor area Y 500 sf net floor area Y 500 sf net floor area Y 600 sf net floor area Y 1,000 sf net floor area Y 400 sf net floor area Y 500 sf net floor area Y 600 sf net floor area Y Transportation Uses and Structures 51 2020 Zoning Amendments 7.20.20 REVISED.docx Airport None Airport - related commercial and personal 300 sf net floor service uses Bus maintenance, including repair and 2,000 sf building storage Bus passenger terminal or station I None i I rLimousine service 300 sf net floor area of office j 5,000 sf up to 50,000 sf of building area, then 1 Motor freight terminal or truck terminal space for every 10,000 sf of remaining building area 5,000 sf up to 50,000 sf of building area, then 1 Railroad freight yard, repair shop, and space for every 10,000 sf of [remaining] marshalling yard building area Railroad passenger station None Taxicab business 300 sf net floor area of office 1 Utility Uses and Structures Broadcasting studio or station 300 sf net floor area Broadcasting tower None Hazardous materials facility 300 sf office area r U 'I't di t 'b tion or collection basic None I y sI u Utility distribution or collection, transitional Utility generation or treatment Utility maintenance and service facility 2020 Zoning Amendments 7.20.20 REVISED.docx None 300 sf office area 300 sf office area N N Y N Y N N N 52 Wireless telecommunications facility Agriculture Agricultural operations Animal shelter Stable, commercial Wildlife rescue shelter or refuge area None - N None 500 sf net floor area 4 stalls 500 sf net floor area of office Y "sf" means the net floor area in square feet for the principal structure, or use if the use occupies only part of a structure, unless otherwise noted in the table. "Y" means the maximum parking regulations set forth in Section 36.2 -653 shall apply. "N" means the maximum parking regulations shall not apply. Sec. 36.2 -661. - Applicability. (c) Exemptions. The provisions of this division, including the requirements for a zoning permit, shall not apply to the following signs, provided that no such sign shall be placed within the public right -of -way or within any sight distance triangle. Exempted signs shall not be included in the maximum permissible number of signs or maximum permissible sign area. Any exempted sign that is to be located in the Historic Downtown Overlay District (H -1) or the Historic Neighborhood Overlay District (H -2) shall be subject to the requirements of Section 36.2 -530 if applicable. (1) Decorative home flags or national, state, or other governmental flags and insignias. (2) Legal notice, identification, informational, or directional signs erected by a government body or required to be erected by a government body. (3) Decorative banners attached to light poles, and secured at the top and bottom, which bear no advertising or commercial images. (4) Directional signs not exceeding €ott (4} 4square feet in sign area, and €eu (4) feet in height for freestanding directional signs. 53 2020 Zoning Amendments 7.20.20 REVISED.docx (5) Signs displaying only the word "open" or "closed," or the hours of operation, illuminated or otherwise, provided such signs do not exceed one (taper lot and do not exceed few -(4) 4square feet in sign area. (6) Commemorative plaques, historical markers, and signs which have special historical value or significance to the community, provided such signs are erected by a government body and do not exceed fifteen (15)15 square feet in sign area. (7) Nameplates not exceeding two-(2)-2-square feet in sign area. (8) Neighborhood identification signs, displaying only the name of the neighborhood and not exceeding fifteen S) 15 square feet in sign area. (9) Address sign not exceeding few (4) square feet in sign area. (10) Murals. (11) Temporary signs not exceeding twelve (=2)12 square feet in cumulative sign area in a residential district. (12) Temporary real estate signs which advertise for sale, rent, or lease the land or building upon which such signs are located. Such signs shall be limited to one (I-sign per frontage and shall not exceed 4x4-6)12 square feet in any RA, R -12, R -7, R -5, R -3, RM -1, or RM -2 district and shall not exeeed thirty two 32 square feet in any RMF, multiple purpose district, industrial district, or planned unit development district. (13) Temporary off -site directional real estate signs, provided such signs do not exceed €rve -(512 square feet in sign area and written permission is obtained from the property owner on which the off - premises directional real estate sign is located. (14) Memorial plaques. (15) Temporary safety signs placed on temporary structures, fences, and barricades placed around excavations or building projects, whether on public or private property, which are related to safety considerations with the construction. (16) Construction signs erected on property where construction is underway or is proposed. Such signs shall be limited to one 04 sign per frontage and shall not exceed six-(6)12 square feet in any RA, R -12, R -7, R -5, R -3, RM -1, or RM -2 district and shall not exceed *h;,.t.. two (x'32 square feet in any RMF, multiple purpose district, industrial district, or planned unit development district. 54 2020 Zoning Amendments 7.20.20 REVISED.docx (17) Signs associated with an outdoor recreational facility, amphitheater, stadium or similar facility, where such signs are not legible from the public right -of -way. (18) A single sandwich board or "A" frame sign per storefront in multiple purpose districts. (19) Window covers placed on the inside of a window or windows of a vacant storefront to shield the interior of the building from view. Window covers shall not be subject to the maximum window coverage requirements of Section 36.2 -671 (b). Sec. 36.2 -662. - Definitions. Signs and their characteristics, as used in this division, shall be defined as set forth in this section and in Appendix A. For the purposes of this division, to the extent of any inconsistency between Appendix A and this division, the definitions provided in this division shall control. Feather sign: any piece of flexible fabric resembling a feather in shape, with an upright support on one side designed to allow the fabric to oscillate with the wind. Sec. 36.2 -663. - Prohibited signs. The following signs and sign characteristics shall be prohibited in all zoning districts: (a) Animated signs including feather signs. Sec. 36.2 -664. - Zoning permits for signs. (a) It shall be unlawful for any person to erect, install, structurally alter, modify, relocate, or replace any sign or sign structure, except for those exempted signs set forth in Section 36.2- 661(c) and those exempted from the permit requirements as set forth in Section 363.2- 673(a), without first obtaining a zoning permit pursuant to this section. The refacing of a sign shall not require a zoning permit. 2020 Zoning Amendments 7.20.20 REVISED.docx 55 Sec. 36.2 -673. - Temporary on- premises signs. (a) Y — establishment le__ ±_a ___ th4ot-.Temporary signs shall be permitted in Multip e Purpose Industrial and Planned Unit Development Districts subject to the following standards. (l) A Zoning permit shall not be required for any temporary sign meeting the reauirements of this section. (c(b} Temporary signs shall not be included in the computation of permitted sign area. Except as otherwise provided in this section, no temporary sign shall be er-eeteed displayed for more than 60 days of a calendar year. U 0) Only one (1) tempefary sign per lot ffentage shall be efeeted or posted at any given fifne on any let, exeept when sueh lot eentains multiple establishments of uses, one sign shall be peffnitted fef eaeh sepafately identifiable of + bi' h_ + Weatted then The maximum area of a temporary sign is 32 square feet The maximum height is 6 feet One temporary sign is permitted for each lot frontage. WE 2020 Zoning Amendments 7.20.20 REV[SED.docx D.,otrs;deniicri nv, st F:ecs Wiese n•T Dffis4 -+s Planned Wn# DeyeleppAeRt ^i ce§ Net ( 37 a feet � d peFFnitte 56 .4tniotion at an entr-anee to the subdivided pfopeft�-, afea may be er-eeted-durint-const- and not ovef: two (2) sueh signs shall be er-eeted for- an) one (1) subdivision. T eetipaney Inflatable signs, laser light or image projection signs, or searchlight or beacon signs shall be permitted as freestanding temporary signs, provided such signs meet the following requirements: (1) Permits for such signs shall not be issued unless the applicant provides documentation from the Roanoke Regional Airport and medical helicopter patient transportation providers within the City limits of noninterference with established routes; (2) Onj�, one (1) stIch sign per lot shall be pefmitted at any one tip 2(-3) Permits for such signs shall be limited to two (2) times per- 365 day period per -let? days per calendar year per lot;_ (4) Any pet:fnit for- a templorafy inflatable sign s iall be issued for- a perio i not to exeeed seven (7 days; im.-m-A-v-able objeet and shall be laeated a minimum of eight (9) feet f - the let lino. an (6) ' -iod not to exeeed three (3) days. (hg) A temporary cover placed over an existing sign face because of change of ownership or the name of the business establishment shall be considered an on- premises temporary sign and shall be subject to the regulations of this section, except that such sign shall be permitted for a duration of 4*60 calendar days. Such temporary cover shall not exceed the sign area of the existing permanent sign face it is covering and shall not increase the height of the existing sign face. Upon written application by the original applicant to the Zoning Administrator, prior to the expiration of the original zoning permit for the temporary sign, the Zoning Administrator may extend the time period for the zoning permit, up to thirty (30) calendar days, if in the opinion of the Zoning Administrator the applicant is diligently pursuing a permanent sign replacement or reface. Failure of a person to apply for such extension within the timeframe set forth in this subsection, and the continued display of the temporary sign beyond the duration of the original zoning permit, shall constitute a violation of this chapter. 57 2020 Zoning Amendments 7.20.20 REVISED.docx (ih) Except as otherwise provided in this section, temporary on- premises signs shall be attached to a building or building appendage or attached to posts, stakes, or other supports that shall be removed at the time the sign is removed. APPENDIX A. - DEFINITIONS For the purposes of this chapter, the following terms and words shall be defined as set forth below, unless otherwise provided in this chapter: Composting facility: A facility where organic matter that is derived primarily from off -site is to be processed by composting or is processed for commercial purposes. Activities of a composting facility may include management, collection, transportation, staging, composting, curing, storage, marketing, or use of compost. For pur-poses of this ehaptef, the shfeddifig of grinding of wood to ns Borrow or Fill Site • A lot or portion of a lot at which soil or other related material is removed from the site for transportation to another site or where soil or inert material from another lot or site is placed and that such borrow or fill changes the grade or elevation of the property. Borrow or fill related to an active building or zoning permit for a use other than a borrow or fill site is not considered a borrow or fill site Any grading, whether intermittent or continuous that occurs for longer than 30 days that is not part of an active building or zoning permit for a borrow or fill site is considered a borrow or fill site Incidental grading as part of a landscaping protect is not considered a borrow or fill site. APPENDIX B. SUBMITTAL REQUIREMENTS B -1. - Basic Development Plan (a) A basic development plan shall be prepared in a clear and legible manner and shall be drawn to a suitable and fixed scale, such as one (1) inch equals thirty (30) feet. This scale may be larger or smaller depending upon the size of the lot or tract involved. The zoning administrator may require a basic development plan to be prepared by a design professional based on a survey when a high level of precision is required including construction close to a lot line when specific building placement is required or proximity to a flood zone. The zoning administrator may require an as -built survey to confirm proper location during or upon completion of construction when such level of precision is required. 58 2020 Zoning Amendments 7.20.20 REVISED.docx (b) A basic development plan submitted for approval shall include a completed application form, accompanied by payment of the required fees. One copy of the basic development plan, whether digital or paper, shall be submitted for any review by the Zoning Administrator. (c) A basic development plan shall include the following information, although the agent to the pjanntng eeffwatsstonzoning administrator may waive any of the following required information, if it is not needed to determine compliance with a specific section of this chapter and if the agent identifies such code section pursuant to Sections 36.2- 552(c) and 36.2- 553(c)(1)(B) of the City Code: (1) Official tax map number and current zoning classification, including any conditions that may be applicable to the property. (2) Scale of the drawing. (3) Name and /or labeling of all adjoining streets and alleys. (4) All public easements affecting the property. (5) Accurate dimensions and shape of the lot. (6) Location and dimensions, to scale, of all existing and proposed structures on the lot, including the delineation and dimensions of any overhangs or eaves. (7) Setback measurements for all existing or proposed structures on the lot from all adjoining property lines. .If the development is subject to the front yard dimensions for infill development in Section 36.2 -313, the shallowest established front yard shall be delineated as required by that section. Setback measurements shall be based on the distance from adjoining property lines to the line parallel to the street right -of -way that passes nearest that street right -of -way, with such point being thirty (30) inches or greater above the graded ground level. (If a structure has overhangs or eaves, setbacks should be measured from the furthest projection of the overhang to the street right -of -way on a line that is parallel to that street right -of -way.) (8) Number, location, and dimensions of all on -site parking spaces, entrances to the site, driveways, or other paved areas; labeling of driveway surface; delineation of on- street parking space(s) if permitted on- street parking along lot frontage is being utilized to meet minimum parking requirement, per Section 36.2- 652(d). (9) Existing and proposed improvements in the right -of -way abutting the property or development area including edge of pavement, curb sidewalk driveway entrances and street trees. 59 2020 Zoning Amendments 7.20.20 REVISED.docx (94(10) Verification of available water and sanitary sewer facilities and location of any new water lines and sewer laterals or septic systems when permitted. (4-04CUI Delineation of all landscaping required pursuant to the regulations of Article 4 and Article 6 of this chapter, including: (A) Location, size, and description of all required planting areas and planting materials; however, such details on required tree canopy need not be specified and may be substituted by a statement on the plan indicating the amount (square feet) of required overall tree canopy to be provided before a certificate of occupancy is issued. (B) Tree protection areas and methods of protection for any existing vegetation to be preserved to satisfy any landscaping requirement; and (C) Delineation of any created slope of two to one (2:1), horizontal to vertical, or greater, and description of vegetative cover pursuant to Section 36.2- 642(a)(4). "CU2 Delineation of any riparian buffers required pursuant to Section 36.2 -335. (4-2}CU3 Outdoor lighting plan as required by Division 2, Article 6, of this chapter. " L4J For any property located in a floodplain district as established by Section 36.2 -333, or if the property is determined to be in such close proximity that a reasonable uncertainty exists as to the location of the floodplain district, the mean sea level elevations, prepared by a licensed surveyor or engineer, shall be given for: (A) The floodway and /or the 100 -year floodplain; (B) The lowest floor elevation of all existing or proposed structures; and (C) The elevation to which the structure is or will be floodproofed. "(U5 Statement that all utilities will be located underground or statement of exception per Section 36.2 -610. "CL6J Other information as may be required by the Zoning Administrator to determine compliance with this chapter. 1 2020 Zoning Amendments 7.20.20 REVISED.docx (d) If the application for basic development plan approval proposes construction that will require a land disturbing activity in or upon critical terrain that slopes towards adjacent properties, streets, alleys, streams, or creeks, or if the proposed land disturbing activity is found by the Zoning Administrator to involve site - specific features which warrant a review of erosion and sediment control or if such proposed activities are applicable under Chapter 11.4-7 Erosion and Sediment Control, of this Code, a grading and erosion and sediment control plan, prepared by a licensed professional engineer, surveyor, or architect, shall be required. t t - of a single f A_n agreement in lieu of a plan may be substituted for an erosion and sediment control plan consistent with the provisions of Chapter 11.7 Erosion and Sediment Control of this code.. -_ 2. This ordinance will become effective immediately upon adoption. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: eza&'3. rn,el City Clerk. 2020 Zoning Amendments 7.20.20 REVISED.docx 61 �S4 0 CITY COUNCIL AGENDA REPORT ak! To: Honorable Mayor and Members of City Council Meeting: July 20, 2020 Subject: Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, by amending and reordaining, adding or deleting code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted. Summary: The Planning Commission held a public hearing on July 13, 2020. By a vote of 7 -0, the Commission recommends approval of the proposed amendments to the Zoning Ordinance. Background: Roanoke adopted the current zoning ordinance in December 2005. Since adoption, Planning staff has developed periodic amendments to ensure the ordinance remains a relevant tool for implementing the City's comprehensive plan. Significant amendments were made in 2010, 201 1, 2012, 2014, 2015, 2016, and 2018. Considerations: The proposed amendments will help address issues that arise with experience in applying zoning regulations to actual development scenarios and uses to ensure the ordinance produces intended outcomes in development. The amendments also: 1 . Create a Borrow or fill lot use and associated supplemental regulations to control long -term grading work, particularly in residential areas. 2. Update regulations for composting facilities to allow such uses in a wider range of zoning districts, by special exception, and creating supplemental regulations to make sure the use is conducted in a manner compatible with an urban environment. 3. Expand the range of permitted uses in the IPUD district to align with recent changes in the 1 -1 district. 4. Update requirements for various exempt and temporary signs. The Summary of Proposed Code Amendments, enclosed as Attachment A, provides detail on each proposed change. Planning Commission Public Hearing and Public Comment Three letters were received prior to the Planning Commission's public hearing in support of the text amendments. In particular, there was support for allowing composting facilities by special exception in additional districts subject to supplemental regulations. Three members of the public spoke at the public hearing: Mr. Sam Lev with LEAP, Mr. Craig Coker with Coker Composting & Consulting, and Mr. Davey Stewards with the Harvest Collective. All three spoke in favor of allowing composting facilities in additional districts by special exception and subject to supplemental regulations. Conclusions and Recommendations: Planning Commission recommends approval as the proposed Zoning Ordinance amendments address changes in state code, respond to recent case law, and otherwise update the zoning ordinance to produce better development outcomes for the City of Roanoke. Tina M. Carr for 1.11a ll, Ui n 1, rin, M. can rn Karri B. Atwood, - �a.'cn,,,.n= „o,�n,nnke. = vWnning Commission, Chair em 0207.15 ea9n. US zozoazi iva. US .. ------------------------- Karri B. Atwood, Chair City Planning Commission Enclosure: Attachment A, Summary of Proposed Code Amendments Distribution: Robert S. Cowell, Jr., City Manager Rent Robertson, Assistant City Manager Chris Chittum, Director of Planning Building & Development Daniel J. Callaghan, City Attorney Timothy R. Spencer, Senior Assistant City Attorney 2 Zoning Ordinance Attachment Al Summary of Proposed Code Amendments Section Issue Changes Editorial /Corrections Sec. 36.2 -205. - Section not fully updated to reflect previous All references are fixed Dimensional change from 60% to change to 50% regulations. Sec. 36.2 -31 5. - Use Fix spelling error Changed In "Intranet Sales" to "Internet Sales" table for multiple purpose districts. Adding /Removing Uses Sec. 36.2 -31 1 . - Use Add Borrow or Fill Site, and Composting Adding both as special exception uses table for residential Facility uses in RA district. Defining the districts. borrow or fill site and permitting only in certain districts. Adding the Composting Facility use Sec. 36.2 -31 S. - Use Add Borrow or Fill Site use in all multiple Adding by special exception to allow fill or table for multiple purpose districts. Defining the borrow or fill borrow operations to support use of a property purpose districts. site and permitting only in certain districts. with a potential time limit imposed by the Board of Zoning Appeals. Section Issue I Changes Sec. 36.2 -322. - Use table for industrial districts. Sec. 36.2 -327. - Use table for planned unit development districts. Add Borrow and Fill Site uses in all industrial districts and expand the Composting facility use to 1 -1 . Defining the borrow or fill site and permitting only in certain districts. Adding the Composting Facility use The current definition of composting facility includes manufacture of mulch, which no longer makes sense with proposed changes to the Composting facility use The workshop use does not include reference to the existing supplemental regulations Expand uses for MXPUD and IPUD, library in particular for IPUD, continue to look at use mixes in PUD districts Add Borrow or Fill Site use in all PUD districts. Defining the borrow or fill site and permitting only in certain districts. Add as special exception uses Modify use descriptor for Manufacturing; Wood products to include the shredding or grinding of wood to create mulch Add supplemental regulation reference Added a variety of uses to MXPUD and IPUD districts based on similar code changes over the last few years. Uses permitted subject to approval of a PUD development plan by City Council Section Issue Changes Sec.36.2- 407.2. - Composting Facility Sec. 36.2 -410.1 - Fill or Borrow sites Sec. 36.2 -423. - Outdoor storage Sec. 36.2 -429 Sec. 36.2 -552. - Basic development plans. Supplemental Regulations Interest in expanding use to 1 -1 . Current definition is very broad and could include a wide range of material being composted (e.g., state code allows animal bodies to be composted) Issue with long -term filling operations - effects on adjoining property, runoff, debris placed with fill Issue with potential for storage of loose, bulk material - sand, gravel, mulch, soil - washing onto other property or into street Make provisions for short -term filling operations that may be required as part of development projects. Created supplemental regulations in coordination with DEQ to better define what information should be required as part of an application for a special exception. Created supplemental regulations to go along with the new use category - hours /timing, type of fill, duration of filling operation, etc. Add standards related to containing bulk material - sand, gravel, mulch, soil Allows short -term filling, grading or borrow operations for up to 90 days in a 2 -year period in all districts. Considers off -site fill or borrow areas for a specific project as a temporary construction activity. Administrative Procedures Clarify language /reorder list of work that can be permitted with a basic development plan Update accordingly Section Issue Changes Sec. 36.2 -553. - Decision process reflects a process based Revise process to reflect preferred method of Comprehensive on receiving paper copies of plans in the processing electronic plans and applications. development plans office, not on -line electronic submissions, as preferred Development Standards Sec. 36.2 -630. - Transportation Division would like ability to Update code language to specifically Allow the General development remove excessive curb cuts /unused agent to the Planning Commission to require standards. entrances, when appropriate removal of certain features from the right -of- way, as proportional to the level of development occurring. Sec. 36.2 -642. - Industry reference standard is dated and Update reference to landscaping specifications General landscaping need ability to limit trees near sewer and standards for plantings near utilities and screening laterals standards. Sec. 36.2 -643. - Section references Table 642 -1 that has Updated reference and added a section to clarify Preservation of existing been removed from the ordinance and is how credits work with the current tree list. landscape features. now a separate list. Sec. 36.2 -648. - Parking Includes dated reference to TABLE 642-1. Replaced with reference to the Tree List area landscaping. Sec. 36.2 -652. - Rounding issue with residential uses, need Updated numbers for residential parking and Minimum parking. the new self- storage uses in the table. added parking standards for self- storage uses Sec. 36.2-661. - Update sign area for exempt signs based on Updated exempt sign areas. Applicability. recent practice. Section Issue Changes Sec. 36.2 -662. - Prohibition on feather flags is not clear Create specific definition /prohibition for feather Definitions. enough for code enforcement division flags Sec. 36.2 -663. - Prohibited signs. Sec. 36.2 -664. - Zoning Desire to remove permitting requirements Expands exemption for zoning permit to permits for signs. (zoning) for temporary signs. temporary signs regulated in Section 36.2 -673 Sec. 36.2 -673. Election signs in commercial districts Allow temporary signs up to a certain size in Temporary on- premise currently require a permit and count as part commercial areas with no permit (only one per signs of sign allotment - (part of Gilbert v. Reid lot frontage) update, but not practical). Updated other temporary sign provisions Appendices Definitions Need revised definition for Composting Created definitions for Borrow or fill site facility and a definition for Borrow or fill site Revised Compost facility definition Section Issue Changes Basic Development Plan Water /sewer laterals or septic systems not Show new water /sewer laterals or septic systems Submission required to be shown on plans (can cause (when permitted) conflicts or have trees planted over sewer lines) Allow the Zoning Administrator to require plans based on a survey and as -built surveys, as Precision is needed for plans when appropriate development is close to lot lines, etc. Update reference to Erosion and Sediment Allow broader use of agreement in lieu of Control ordinance and reflect broader ability to an Erosion and Sediment Control Plan use an agreement in lieu of a plan. Update reference to Erosion and Sediment Control Ordinance Sec. 36.2 -205. - Dimensional regulations. * * * (f) Front yards. (4) Maximum front yard requirements in multiple purpose districts shall apply as specified in Table 205 -2 below: Table 205 -2. Application of Maximum Front Yard Requirements Proposed Development Addition to an existing principal building or new principal building that does not widen any street - facing fagade. New principal building where no other buildings are located on the site. Addition to an existing principal building that widens any street - facing fagade, where the existing building conforms to the minimum and maximum yard Application of Maximum Yard Requirement Not subject to maximum yard requirement. Locate at least 50% of the new building fagade between the maximum and minimum yard lines. Locate and size any addition so either all the added street - facing fagade is between the maximum and minimum yard lines, or at least 50% of the resulting total of street - facing requirements. fagade is between the maximum and minimum yard line. Addition to an existing principal building Locate and size any addition so all of the new added street - that widens any street - facing fagade, facing fagade is between the maximum and minimum yard where the existing building does not lines, or at least 50% of the resulting total of street - facing conform to the minimum or maximum fagade is between the maximum yard line and the lot yard requirements. frontage. Locate and size any new building so at least 50% of the New principal building where one or resulting total of street - facing facade is between the more principal buildings exist on the site, maximum yard line and the lot frontage or, where existing and the new building increases the width buildings are located beyond the maximum yard line, locate of street - facing facades. 100% of the new building between the maximum and minimum yard line. Exceptions: 1. The requirement to meet the 50% facade rule for an addition to an existing building shall apply only to one yard of a corner lot or through lot. 2. An addition not exceeding 20% of the existing principal building footprint is not subject to the maximum front yard requirements of this table. Sec. 36.2 -311. - Use table for residential districts. District Dwelling, single - family attached Dwelling, single - family detached Dwelling, two - family Dwelling, multifamily with 10 or fewer ui Dwelling, multifamily with 11 or more ur Dwelling, townhouse or rowhouse Dwelling, manufactured home Dwelling, mobile home Accommod Bed and breakfast Boarding house Group care facility, congregate home, eldi Group care facility, congregate home, nc RA R- R- R- R- RM- RM- RMF 12 7 5 3 1 2 supplemental Regulation otherwise listed Group care facility, group care h Group care facility, halfway hoi Group care facility, nursing hor Group care facility, transitional livin€ Group home Borrow or Fill Site Composting Facility Day care home, adult Day care home, child Family day home Fire, police, or emergency servic Utility distribution or collection, basic Utility distribution or collection, transitio Wireless telecommunications facility, smal on existing structure Wireless telecommunications facility, n otherwise listed P P P i P P i P P P nal ! S+ SP rS S S S S I cell P P P P P P P P 36.2 -432 A S S S S S S S S 36.2 -432 Wireless telecommunications facility, stealth A Agricultural operations Animal shelter Botanical garden or arboretum Community garden Composting facility Nursery or greenhouse, commercial ................... Pet grooming Kennel, no outdoor pens or run Kennel, with outdoor pens or ru Stable, commercial Wildlife rescue shelter or refuge a Accessory uses, not otherwise listed in Accessory apartment Home occupation, excluding personal service Home occupation, personal service P P P P P P P P 36.2 -432 At and Agricultural Uses P S S S ( (S S —TT P P P 3 36.2 -407.1 P TP P P P P P P P P P P P T T s P P n S S T TI P 3 36.2 -428 Homestay S J S S S' S S I S( S I 36.2 -405 Outdoor storage P� 36.2 -423 Stable, private P P 36.2 -403 Temporary health care structure P i P P i P P T 36.2 -403 P P Wind turbine, commercial 36.2 -403 S i� Wind turbine, small S SI S S S S S I S 36.2 -403 "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in residential districts. Sec. 36.2 -315. - Use table for multiple purpose districts. Supplemental District MX CN CG CLS D IN ROS OF ` Regulation 1 Section Residential Uses Dwelling, single - family attached P � P Dwelling, single - family detached P Dwelling, two - family P Dwelling, multifamily with 10 or fewer units 7P P P P P P Dwelling, multifamily with 11 or more units S S P P P P Dwelling, townhouse or rowhouse P P qP P P 36.2 -431 Accommodations and Group Living Bed and breakfast Campground Dormitory Group care facility, congregate home, Group care facility, nursing ho Group home Hotel or motel Short -term rental Commercia Blood bank or plasma center Business service establishment, not othe r Employment or temporary labor se Financial institution Laboratory, dental, medical, or op Laboratory, testing and researc Medical clinic Office, general or professional Office, general or professional, larg e Outpatient mental health and substance S S S 3 36.2 -405 S S S S S S S P elderly S Commercial Uses: Miscellaneous Animal hospital or veterinary clinic, no outdoor pens or P P P P P runs i Animal hospital or veterinary clinic, outdoor pens or S S S S S runs Animal shelter S S S ! S Caterer, commercial —�� P P P P Community market P I P I P P` T P P P I-� Drive- through facility S P P S 36.2 -409 Drive - through kiosk S P P S 36.2 -409 T _ Flea market, indoor �_P P TT Flea market, outdoor S S�� IIII TT� Funeral home P P P Kennel, no outdoor pens or runs P P P P Kennel, outdoor pens or runs S S ISI S Live -work unit P P T P P P P 36.2 -416 Mixed -use building P P P P P P 36.2 -416 Outdoor advertising sign I I P T 36.2 -675 Studio /multimedia production facility P P P P P `I T I I Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar food production, retail P I P P P P Body piercing establishment Building supplies and materials, reta Car wash, not abutting a residential dis Car wash, abutting a residential distri Contractor or tradesman's shop, general of trade Dry cleaning and laundry pick -up statl I Dry cleaning plant or commercial laun Gasoline station I General service establishment, not otherwi Internet sales establishment Janitorial services establishment Laundromat Manufactured or mobile home sale! Motor vehicle rental establishment, without on -site Motor vehicle rental establishment, with invE site Motor vehicle repair or service establish Motor vehicle sales and service establishmE Motor vehicle sales and service establishme Nursery or greenhouse, commercial P P j P P' i P it trict� ct P P P 36.2 -406 36.2 -406 P P S S T special _T on S P P P P P S �P� P P dry ..._._� P T7TF 36.2 -411 S P P S se listed P P P P P — P P P�P P P P P P inventory !ntory on- I ment� ? -- ant, new I T P I P P P I P P P P P S s � S + 36.2 -419 ii 36.2 -420 I nt, used I �� I P PY� P - S 36.2 -421 Personal service establishment, not otherwise listed in P P P P P P this table Pet grooming P P P P P Retail sales establishment, not otherwise listed P P P P P Storage building sales j S P Tattoo parlor IJ P P P P P Industrial Uses Bakery, confectionary, or similar food production, P wholesale Borrow or Fill Site S S SS S (S I S i S S 36.2 -405.1 Commercial printing establishment P P Electrical component assembly, wholesale distribution i P Fueling station, commercial or wholesale PP PP Manufacturing: Beverage or food processing, excluding poultry and animal slaughtering and dressing Manufacturing: General, not otherwise listed in this table Manufacturing: Steel or metal production, fabrication, or processing Motor vehicle or trailer painting and body repair -T Workshop S P P P Warehousing and Distribution Uses Distribution center, not otherwise listed i M P S S 36.2 -418 P I 36.2 -433 Self- storage buildin Warehouse A. Adult uses Amphitheater Amusement, commercial, Amusement, commercial, Botanical garden or arbo Club, lodge, civic, or social or Community center Eating establishmer Eating and drinking establishment residential district Eating and drinking establishme residential district Entertainment establishment, abut district Entertainment establishment, r residential district Exhibition, convention, or confe Gaming establishme Golf course Health and fitness center P I P I P( P( I P P Meeting hall, abutting a residential district S S S S S P P S Meeting hall, not abutting a residential district S 1P P P I P I P I P P Microbrewery or microdistillery not abutting a P P P P P residential district Microbrewery or microdistillery abutting a residential S S S S S district Park or playground P P P P P P P P Place of worship P P P P P P Recreation, indoor P P P I Recreation, outdoor -J-1--N- PJTT�-IP Sports stadium, arena, or coliseum T Theater, movie or performing arts P P P � P��� P Zoo Public, Institutional, and Community Facilities Aquarium or planetarium I , P [TFF Artist studio �P P P P P P Cemetery I P Community food operation P Community garden P P P P P P P P 36.2 -407.1 Day care center, adult - - -� P P P P P P P 4 Day care center, child Day care home, adult Day care home, child Educational facilities, business school or nonind trade school Educational facilities, college /university Educational facilities, elementary /middle /seco Educational facilities, industrial trade scho Educational facilities, school for the arts Fire, police, or emergency services Government offices or other government facili otherwise listed Hospital Library Museum Post office Supply pantry Training facility for police, fire, or emergency s Trans Bus passenger terminal or station Limousine service S S P P S P P P P S P P P S P 36.2 -408 ustrial S P P P P P P P P idary P P P P P P )I P P P S P P P P P P P P P P P P :y, not P P P P P P P P P P P P P P P P P P P P P P P P P P —T I IP P P P PIP P �rvices P I I �� gortotion Uses P is P P� Parking lot facility I I S I P I I S Parking, off -site P S P P S P P P 36.2 -652 Parking structure facility P S 36.2 -426 I Railroad passenger terminal or station P Utility Uses Broadcasting studio or station P P P P P Broadcasting tower S S S 36.2 -432 Utility distribution or collection, basic P P P P P P P P Utility distribution or collection, transitional S S S S S S S S r Wireless telecommunications facility, small cell on existing structure 36.2 -432 P P P P P P P P Wireless telecommunications facility, stealth 36.2 -432 P P P P P P P P r Wireless telecommunications facility, not otherwise listed 36.2 -432 S S S S Hd S S Agricultural Uses Agricultural operations F S 5 S STS S Stable, commercial P 36.2 -428 Wildlife rescue shelter or refuge area T Accessory Uses Accessory uses, not otherwise listed in this Table P P P I P IP I P I P P 36.2 -403 r Accessory apartment S 36.2 -402 Home occupation, excluding personal service I P 1 P I I I P( P I I P 36.2 -413 Home occupation, personal service P P P P P 36.2 -413 Homestay _ S P P P P P 36.2 -405 Outdoor display area P ff P P P 36.2 -422 Outdoor recreation facility lighting or sports stadium S S S S S S 36.2 -403 lighting Outdoor storage S S P S 36.2 -423 Recycling collection point S P P 36.2 -403 Resident manager apartment P 36.2 -403 Temporary health care structure TT Wind turbine, commercial S I S S S S 36.2 -403 Wind turbine, small S S S S S S S S 36.2 -403 "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in multiple purpose districts. Sec. 36.2 -322. - Use table for industrial districts. Supplemental' District 1 -1 1 -2 AD Regulation Section Residential Uses Dwelling, single - family detached 7 S Dwelling, two family I S Dwelling, multifamily S 1 Dwelling, townhouse or rowhouse S 36.2 -431 Accommodations and Group Living Uses Hotel or motel P Commercial Uses: Office and Related Uses Business service establishment, not otherwise listed P Employment or temporary labor service P Financial institution P P Laboratory, dental, medical, or optical P P P Laboratory, testing and research P P P Office, general or professional P Office, general or professional, large scale P P Commercial Uses: Miscellaneous Animal hospital or veterinary clinic, no outdoor pens or P runs Animal hospital or veterinary clinic, with outdoor pens or runs 1 S Caterer, commercial I P ( j Drive - through facility P 36.2 -409 Kennel, no outdoor pens or runs P Kennel, outdoor pens or runs I S Live -work unit i Mixed -use building S Outdoor advertising sign P P Pet crematorium P Pet grooming P Studio /multimedia production facility P Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar food production, retail P Building supplies and materials, retail P Car wash, not abutting a residential district P Car wash, abutting a residential district �S Commercial motor vehicle rental establishment P Commercial motor vehicle sales and service P establishment, new Commercial motor vehicle sales and service P establishment, used Contractor or tradesman's shop, general or special trade I P I P Dry cleaning and laundry pickup station P Dry cleaning plant or commercial laundry P Gasoline station P T P 36.2 -416 I 36.2 -416 s 36.2 -675 36.2 -406 36.2 -406 36.2 -407 36.2 -407 36.2 -411 General service establishment, not oth Internet sales establishmen Janitorial services establishmi Lumberyard Manufactured or mobile home Motor vehicle rental establishment, with on -site Motor vehicle rental establishment, with site Motor vehicle repair or service estal Nursery or greenhouse, commE Recreational vehicle or boat s; Retail sales establishment, not other Storage building sales Asphalt or concrete plant Bakery, confectionary, or similar food wholesale Borrow or Fill Site Biosolids field Building supplies and materials, wl Commercial printing establishr Contra Dairy product Electrical comp Fueling s Manufacturing: poultry an Manufacturi including the ammonia, blea acid or alkali, dy lampblack, oils, rubber, sh Manufacturin g: of Manufacturin Manufacturing: Manufacturing: or arindine of wo Meat Composting facility S S S 3 36.2 -407.2 P ctor's shop, heavy construction P P s, processing, bottling, and wholesale P P P onent assembly, wholesale distribution P P P P Fuel oil distribution S P P tation, commercial or wholesale P P P Junkyard S S I 36.2 -414 S I Beverage or food processing, excluding P P P ng: Chemical, refining or processing, manufacture, refining or processing of Milling or feed and flour mill! Motor vehicle or trailer painting and b Outdoor storage lot Quarry Recycling center Tire recapping Towing service Welding or machine shop Workshop Wrecker yard Warehc Distribution center, not otherwise Self- storage building Self- storage facility Storage of commercial motor veh Storage of motor vehicles for rental (no or leasing facility) Tank farm, petroleum bulk station and t other aboveground storage of flamma Warehouse Assemt Amphitheatre Amusement, commercial, oL Eating establishment Eating and drinking establishment, abut district Eating and drinking establishment, r residential district Entertainment establishment, abuttii district Entertainment establishment, not abut district Go -cart track Health and fitness cent( Microbrewery or microdist Paintball facility, outdo( Park or playground Recreation, indoor Recreation, outdoor Theater, movie or performir Public, I Artist studio Community garden Educational facilities, business school or nonindustrial P trade school Educational facilities, industrial trade school P Educational facilities, school for the arts P P Fire, police, or emergency services P Government offices or other government facility, not P otherwise listed Military reserve or National Guard center P Post office P Supply pantry — — P Training facility for police, fire, or emergency services ( P F Transportation Uses Airport or airport - related commercial and personal service uses Bus maintenance, including repair and storage P P Limousine service F—P P Motor freight terminal or truck terminal P P Parking lot facility Parking, off -site P P Railroad freight yard, repair shop, and marshalling yard P Taxicab business P P Utility Uses P P P P P P P P P P 36.2 -652 Broadcasting studio or station Broadcasting tower Hazardous materials facility Utility distribution or collection, basi, Utility distribution or collection, transitii Utility generation or treatment Utility maintenance and service facilil Wireless telecommunications facility, small existing structure Wireless telecommunications facility, st( Wireless telecommunications facility, not of listed A� Agricultural operations Animal shelter A Accessory uses, not otherwise listed in thi! Outdoor recreation facility lighting or sports lighting Outdoor storage Portable storage container Recycling collection point Resident manager apartment P P 36.2 -403 Temporary health care structure Wind turbine, commercial P P� 36.2 -403 Wind turbine, small P P P 36.2 -403 "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in residential districts. Sec. 36.2 -327. - Use table for planned unit development districts. Supplemental MXPUD INPUD IPUD Regulation Section Residential Uses Dwelling, single - family attached P P Dwelling, single - family detached P P Dwelling, two - family P P Dwelling, multifamily P P P Dwelling, townhouse or rowhouse P P 36.2 -431 Accommodations and Group Living Bed and breakfast P P T 36.2 -405 Campground P P Dormitory I I I I P Group care facility, congregate home, elderly P P P P Group care facility, congregate home, not otherwise listed P P II Group care facility, group care home I P I Group care facility, halfway house P P Group care facility, nursing home P P P P Group care facility, transitional living facility P P Animal hospital or veterinary clinic, no outdoor pens or runs ( I P Animal hospital or veterinary clinic, outdoor pens or runs P Caterer, commercial � P Community market P Drive - through facility P P P 36.2 -409 Drive - through kiosk P 36.2 -409 Live -work unit P P P 36.2 -416 Mixed -use building P P P 36.2 -416 Studio /multimedia production facility P P Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar food production, retail P P P T Building supplies and materials, retail P P P Contractor or tradesman's shop, general or special trade _ P P P Dry cleaning and laundry pick -up station P P P Dry cleaning plant or commercial laundry P General service establishment, not otherwise listed � P P P Laundromat P I Lumberyard P _T Motor vehicle rental establishment, without inventory on -site P Motor vehicle rental establishment, with inventory on -site I I P Nursery or greenhouse, commercial Personal service establishment, not otherwise listed in this table Pet grooming Retail sales establishment, not otherwise listed Industrial Uses Bakery, confectionary, or similar food production, wholesale Borrow or Fill Site Building supplies and materials, wholesale Commercial printing establishment Contractor's shop, heavy construction Dairy products, processing, bottling, and wholesale distribution Electrical component assembly, wholesale distribution Fuel oil distribution Fueling station, commercial or wholesale Manufacturing: Beverage or food processing, excluding poultry and animal slaughtering and dressing Manufacturing: Chemical, refining or processing, not otherwise listed in this table Manufacturing: General, not otherwise listed in this table Manufacturing: Steel or metal production, fabrication, or processing Milling or feed and flour mills I P P P P P P P P P I P P P- 36.2 -405.1 PI P P-T P P PP --- P I P P P P P Welding or machine shop Workshop Warehousing Distribution center, not otherwise li., Self- storage building Warehouse Assembly and Amphitheater Amusement, commercial, indoor Amusement, commercial, outdoo Botanical garden or arboretum Club, lodge, civic, or social organizat Community center Eating establishment Eating and drinking establishment, not abuttinj district Eating and drinking establishment, abutting a rep Entertainment establishment, abutting a resid Entertainment establishment, not abutting a res Golf course Health and fitness center � I _r °T Meeting hall P Microbrewery or microdistillery P Park or playground P Place of worship P Recreation, outdoor P Sports stadium, arena, or coliseum Public, Institutional, and Community Uses Aquarium or planetarium Artist studio P Community food operation -- -- - Community garden P Day care center, adult P Day care center, child P Day care home, child — P Educational facilities, business school or nonindustrial trade school P Educational facilities, college /university Educational facilities, elementary /middle /secondary Educational facilities, industrial trade school Educational facilities, school for the arts Fire, police, or emergency services P P P P P I PII P P P P P I P 36.2 -407.1 P P 36.2 -408 - -- P I P P P I P P -- —P P 1 P Government offices or other government fa( listed Hospital Library Military reserve or National Guar Museum Post office Supply pantry Training facility for police, fire, or emeri Tra Bus maintenance, including repair ai Motor freight terminal or truck tE Parking, off -site Taxicab business Broadcasting studio or station Broadcasting tower Hazardous materials facility Utility distribution or collection, basic Utility distribution or collection, transitional Utility maintenance and service facility P P TP�� � 36.2 -432 S S S �S � S I P P P S P P P Wireless telecommunications facility, small cell on existing structure Wireless telecommunications facility, stealth Wireless telecommunications facility, not otherwise listed Agricultural Uses Agricultural operations Accessory Uses Accessory uses, not otherwise listed in t Accessory apartment Home occupation, excluding personal Home occupation, personal servk Outdoor recreation facility lighting or sports si Outdoor storage Portable storage container Recycling collection point Resident manager apartment Temporary health care structure Wind turbine, commercial Wind turbine, small "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted. P P P 36.2 -432 i 36.2 -432 36.2 -432 36.2 -403 36.2 -402 36.2 -413 36.2 -413 36.2 -403 36.2 -423 36.2 -403 36.2 -403 36.2 -403 36.2 -403 i I i 36.2 -403 Sec. 36.2- 407.2. — Composting Facilities (a) Purpose. The following standards for composting facilities are intended to allow for such operations to occur in an urban setting in a manner that promotes public safety and efficient operation by addressing the characteristics of the operation, duration of the operation and general compatibility with adjacent uses. The specific purposes of this section are to minimize the potentially negative impacts of composting operations including: 1) Identifying the types and quantities of material to be composted (2) Identifying how the composted material will be used. (3) Identifying the process used for composting_ (4) Ensurinq proper manaqement of dust, odor and runoff from the facilitv. b) Standards (1) All composting facilities shall comply with the Virginia Solid Waste Management Regulations including 9VAC20 -81 -310, et seq. including maintaining and implementing a suitable operations plan, managing runoff from the facility proper storage /handling of material, and controlling the presence of animals that could transmit infectious disease or create a nuisance on nearby properties. (2) Operators of composting facilities shall update the facility operation plan and implement appropriate measures to address undesirable conditions including dust air pollution (odors), leaks or spills, and presence of animals that could transmit infectious disease or otherwise present a nuisance to nearby properties. (3) Operators of a composting facility shall create, implement and maintain and odor management plan for the facility. The operator shall update the facility odor management plan to address undesirable air pollution (odors) from the operation. (c) An application for a special exception for a composting facility shall include the following: (1) A development plan showing the basic layout of the facility including composting vessels, wind rows or piles, storage /staging areas, features for managing runoff from or runon to the facility, setbacks to adjacent properties and structures. (2) Description of the types of materials to be composted and the method of composting (facility type and feedstock category as identified in 9VAC20 -81- 31 (3) Proposed use for composted material. (4) Amount of material to be processed per year and to be stored or handled on -site at any given time (5) Method of transporting material to and from the facility. (6) Copy of the Operating Plan for the facility required by the state solid waste management regulations. (7) Odor management plan. (d) Final approval before start of operations — Prior to issuing a certificate of occupancy to establish a composting facility, the applicant shall provide documentation to the zoning administrator that a Virginia Department of Environmental Quality permit has been issued for the facility, when applicable. Sec. 36.2- 410.1. — Fill or Borrow Sites. (a) Purpose. The following standards for fill and borrow sites are intended to allow for such activities to occur in an urban setting in a manner that promotes public safety and efficient operation by addressing the intensity of the operation duration of the operation and general compatibility with adjacent uses. The specific purposes of this section are to: (1) Minimize the negative impact of fill or borrow sites created by the operation of heavy construction equipment; (2) Promote grading operations that are in keeping with surrounding topography /grade related to steep slopes or increased /decreased elevation /ground surfaces; (3) Minimize impacts of ongoing land disturbance /grading in proximity to other land uses, particularly residential or commercial uses: (4) Ensure that no waste materials are disposed at a fill or borrow operation: and (5) Ensure that during and upon completion of activity that the fill or borrow area is Properly stabilized and graded to prevent ponding. (6) Provide additional criteria for evaluation of a special exception application for a fill sites in various zoning districts. (b) Applicability. The supplemental regulations of this section shall apply to any fill or borrow site as permitted by this chapter. Any new borrow or fill site and any substantial intensification of an existing borrow or fill site shall require approval by special exception. For purposes of this regulation, substantial intensification shall mean any of the following: (1) Exceeding the approved final grade of the site. (2) Extending the time period of the operation beyond the duration of the original approval, as applicable. (3) Expanding a temporary operation beyond the scope or time frame permitted as a temporary use. (4) Adding processing, screening or sorting of fill or borrow material beyond that approved by a special exception. (c) Additional considerations in review of applications for special exception applications for borrow or fill sites: (1) Multiple Purpose Districts and Airport District— Borrow or fill sites operated for a defined period of time to prepare a site for future development may be appropriate if impacts on nearby properties can be adequately mitigated (2) Light and Heavy Industrial Districts and Residential Agriculture District — long -term borrow or fill operations may be appropriate if impacts on nearby properties can be adequately mitigated. (3) Planned Unit Development Districts — The Board of Zoning Appeals may approve a special exception for a borrow or fill site under the following circumstances: (A) When a development plan has been approved for the property and the borrow or fill operation will occur for a defined period of time to prepare the site for development as proposed on the approved development plan (B) When a development plan has not been approved and the borrow or fill operation will occur for a defined period of time to prepare a site for future development if impacts on nearby properties can be adequately mitigated. (d) Standards applicable to all fill or borrow sites (1) Fill material may include clean soil aggregate or inert material. Fill material shall not include any solid waste as defined by the Commonwealth of Virginia in 9VAC20 -81- 95 with the exception of using rocks brick block dirt broken concrete, crushed glass porcelain and road pavement as clean fill provided such activity does not create an open dump hazard or public nuisance. (2) Each active borrow or fill site shall be shaped and sloped so that no undrained pockets or stagnant pools of water are created. (3) Borrow or fill sites shall be graded so that finished grades align with and blend into the surrounding topography. Fill and Borrow sites shall not create unnatural peaks or basins. (4) The fill or borrow site and the access roads thereto shall be treated or maintained to prevent dust or debris from blowing or spreading onto adjacent properties or public streets Depending on the anticipated intensity and duration of the activity and the character of the development of a6oining properties the Zoning Administrator may require fencing and landscaping requirements consistent with Article 6 of this Chapter. (5) Fill or borrow sites using industrial -type power equipment shall be limited to the hours of 7:00 a.m. to 9:00 p.m., except in cases of a public emergency. The Board of Zoning Appeals may impose more restrictive time limits as part of the approval of a special exception. (6) No processing of material including separation screening, crushing or sorting of material such as debris or potential waste material is permitted unless specifically approved as part of a special exception. (7) Storage of equipment and vehicles except for equipment needed specifically to excavate spread or compact soils is prohibited. (8) Borrow or fill operations shall cease when the earlier of reaching approved final grade end of associated construction activity, or the time period of a special exception, if applicable, is reached. (9) Reclamation of any borrow or fill site shall commence within seven days of completion of such operation and be completed within 60 days of completion of the operation, or such later time authorized by the Zoning Administrator for reclamation activities of a seasonal nature. Reclamation shall include, but not be limited to, restoring the area so that it approximates natural contours; shaping and sloping the area to prevent ponding; covering the area with clean fill to a minimum depth of two feet in order to allow for permanent stabilization and reclamation: and establishing a permanent vegetative ground cover: provided that the Zoning Administrator may reduce the minimum depth of clean fill to one foot if the area is unlikely to be redeveloped. (10) Borrow or fill sites approved with a time limit or as a temporary activity shall have a development agreement that specifies the time limit and /or the project that the activity is associated with and that the borrow or fill operation will cease when that time limit or project ceases. Sec. 36.2 -423. - Outdoor storage. Where permitted by this chapter, outdoor storage shall comply with the following requirements: (a) Outdoor storage areas shall not be located in any required yard, in any area included in the calculation of required open space, or in any required off - street parking spaces, vehicular or pedestrian access, or landscaped areas. (b) Outdoor storage areas shall not be located closer to a public street than the primary building facade on the lot. (c) Outdoor storage areas in the Residential - Agricultural District (RA) shall not be located closer than one hundred fifty (150) feet to any lot line of adjoining property that is not within an RA District. (d) Outdoor storage areas shall be situated on an improved surface as identified in Section 36.2 - 654(b)(1) or on a gravel or similar surface. The Zoning Administrator may require a development plan including satisfactory specifications for a sub -base, and the size, tamping, and containment of gravel and documentation that dust will not be generated in an amount in excess of that which would be generated by a paved surface or permeable pavement system prior to approval. Outdoor storage areas associated with an agricultural operation in a Residential Agriculture, RA district, shall not be subject to the requirements of this subsection. e) Storage of bulk material, including, but not limited to sand, gravel, mulch or soil shall be contained on site to prevent material deposition into or upon public or private streets or alleys, any adjacent properties or storm drainage system or waterway. Such containment shall be shown on a development plan submitted to the Zoning Administrator for approval and shall be in place prior to commencement of the storage activity. Sec. 36.2 -429. - Temporary uses. (a) Applicability. Authorized temporary uses, including permitted locations, duration, and maximum number per calendar year, and whether or not a zoning permit is required, shall be as set forth in Table 429 -1: Table 429 -1. Temporary Uses Christmas tree sales I RA, CN, CG, CLS, 1 60 calendar days ( 1 /Calendar Year Yes Zoning Maximum Zoning Districts Maximum Activity Frequency per Permit Where Duration Lot Required? Permitted Auction Any district T 3 calendar days 1 /Calendar Year No Christmas tree sales I RA, CN, CG, CLS, 1 60 calendar days ( 1 /Calendar Year Yes 1 -1, 1 -2, OF Construction - related activities or model Any district For duration of home office, subject to construction activity subsection (b), below Fireworks stand, i subject to Section 21- CG, CLS, OF 30 calendar days 207 of this Code Not applicable Yes 1 /Calendar Year Yes Not applicable j4 /Calendar Year RA, R -12, R -7, R -S, R -3, RM -1, RM -2, RMF, MX, e MXPUD: •30 consecutive calendar days, except 60 l consecutive calendar days when there is a change of Portable storage residency in a dwelling See maximum containers, subject to Any district unit duration subsection (d), below *Limited to 120 days per 1 calendar year CN, CG, CLS, 1 -1, 1 -2, D, IN, ROS, AD, INPUD, IPUD, UF: •120 consecutive days *Limited to 120 days per icalendar year per lot Produce stand (not 90 calendar days, limited Not applicable RA, CN, CG, CLS, applicable to to 1 permit per any 90- Me Yes Yes Yes CN, CG, CLS, D, ROS, U F, Mobile food and Industrial No limitation beverage vending districts, and PUD districts Outdoor retail sales, subject to subsection CG, CLS, OF 10 calendar days (c), below Not applicable Yes 1 /Calendar Year Yes Not applicable j4 /Calendar Year RA, R -12, R -7, R -S, R -3, RM -1, RM -2, RMF, MX, e MXPUD: •30 consecutive calendar days, except 60 l consecutive calendar days when there is a change of Portable storage residency in a dwelling See maximum containers, subject to Any district unit duration subsection (d), below *Limited to 120 days per 1 calendar year CN, CG, CLS, 1 -1, 1 -2, D, IN, ROS, AD, INPUD, IPUD, UF: •120 consecutive days *Limited to 120 days per icalendar year per lot Produce stand (not 90 calendar days, limited Not applicable RA, CN, CG, CLS, applicable to to 1 permit per any 90- Me Yes Yes Yes community markets) Public events, subject to subsection (e), below Public events, exempt from subsection (e) below Temporary, short -term filling, grading or borrow operation, subject to subsection f below 1 -1, 1 -2, OF calendar day period per lot CN, CG, CLS, D, IN, ROS, 1 -1, 1 -2, 14 calendar days IPUD, INPUD, OF Any district Any District Yard or garage sales, Any residential subject to subsection district or (f), below dwelling unit (b) Construction - related activities. Two calendar days 90 consecutive calendar day period 2 consecutive calendar days, limited to the daylight hours Not applicable Two /Calendar Year, with an interval of at least three months between events Once /2 Year Period 2 /Calendar Year, with an interval of at least 3 months between sales No No (1) Temporary structures are permitted in connection with the site of building and land development or redevelopment, as set forth in Table 429 -1. Such building and land development or redevelopment shall include grading, paving, installation of utilities, building construction, and the like, and such structures may include offices, model home offices, construction trailers, and storage buildings, as well as portable storage containers and construction refuse containers. (2) Refuse containers on construction sites shall be subject to the following requirements: (A) No construction refuse container may impede pedestrian or vehicular access to and from adjoining properties or otherwise create an unsafe condition for pedestrian and vehicular traffic; (B) Every construction refuse container shall clearly identify the owner of such dumpster and telephone number and shall be clearly labeled for the purpose of containment of construction materials only; and (C) Every construction refuse container shall be emptied when full so as not to create an unsightly or dangerous condition on the property resulting from the deposit, existence, and accumulation of construction materials. (3) The use of an off -site property as a receiving area (fill site) or as source area (borrow site) for soil material generated from or needed at a construction site may be considered a temporary activity provided that off -site property is used solely for the specific construction project (not used by other projects as a borrow or fill site for other projects). (f) Temporary, Short -Term Filling, Grading or Borrow Operation. For purposes of this section a "Temporary, Short -Term Filling, Grading or Borrow Operation" means any activity that noticeably changes the grade on property and is not associated with development activity on that parcel. All Temporary Filling, Grading or Borrow Operations shall be subject to the supplemental regulations found in Section 36.2- 410.1. (g) Yard or garage sales. For purposes of this section, a "yard or garage sale" means a public sale at a dwelling at which personal items belonging to the residents of the dwelling are sold. Yard or garage sales shall be permitted as set forth in Table 429 -1, provided that: (1) Items purchased elsewhere expressly for resale at a yard or garage sale shall be prohibited; and (2) Goods intended for sale shall not be stored or displayed in the front or side yards of a dwelling except on the day of the sale. Sec. 36.2 -552. - Basic development plans. (a) Applicability. A basic development plan shall be submitted as part of a zoning permit application for the following activities: (1) Construction of, reconstruction of, relocation of, or addition to a single - family detached dwelling, a single - family attached dwelling, a two- family dwelling or permitted accessory structure and including associated grading and clearing, where such grading and clearing does not involve adjoining lots; or, (2) Construction of, reconstruction of, relocation of, or addition to a single - family attached dwelling, a two - family dwelling or permitted accessory structure and including associated grading and clearing, on any lot within a subdivision with a valid subdivision site plan; or (3) Establishment, relocation or expansion of a community garden, including construction, reconstruction or moving of an accessory structure and associated grading and clearing; or (4) Construction of any structure, parking, or other impervious surface during which less than two thousand five hundred (2,500) square feet of area will be disturbed. Sec. 36.2 -553. - Comprehensive development plans. (c) Decision. (1) The Agent to the Planning Commission shall approve or disapprove all comprehensive development plans, except as set out in Section 36.2- 553(c)(2). (A) The Agent shall process and coordinate the review of comprehensive development plans with the City Engineer, other applicable departments, and the Western Virginia Water Authority. (B) Within twelve (12) business days after the initial submittal or resubmittal of a comprehensive development plan, the Agent shall notify the applicant or his representative, in writing, that: (i) The information is incomplete and the review of the plan will not begin until all required information is submitted; or (ii) The development plan is complete and review of the plan will commence. (C) Within twelve (12) business days after the initial submittal of a comprehensive development plan is deemed complete, or receipt of a resubmittal of a comprehensive development plan, the Agent shall notify the applicant or the applicant's representative in writing that: (i) The information on the development plan is incomplete, in error, or lacking in detail, and delineate the additional information required or necessary revisions; or (ii) The development plan is sufficient in required information and accuracy and has been reviewed and approved. DIVISION 3. - GENERAL DEVELOPMENT STANDARDS Sec. 36.2 -630. - General development standards. The provision and location of all pedestrian and vehicular traffic related facilities, including sidewalks, curbs and gutters, bicycle facilities, street trees, street lighting, frontage roads, and acceleration and deceleration lanes as required by the Agent to the Planning Commission. Likewise, the Agent to the Planning Commission may require removal or replacement of such facilities when new development necessitates or no longer requires such facilities, including removal of unused or excessive vehicular entrances. The Agent to the Planning Commission may require such improvements, provided that the property's development directly generates the need for such infrastructure and provided further that the infrastructure required is in proportion to the level of need generated by the development. Such determination by the Agent shall be based upon a quantifiable need documented by analysis of existing and post - development conditions, such as traffic or drainage studies. Sec. 36.2 -642. - General landscaping and screening standards. (b) Planting materials. Where landscaping is required by this division, the following standards shall apply: (1) Trees used to meet the requirements of this division shall be selected from the current list of landscape trees approved and published by the zoning administrator (Tree List). Such list shall specify minimum height or minimum caliper at planting, the 20 -year canopy of trees in square feet, and the suitability of each species for parking areas, site canopy, or buffer yards. (4) All required landscaping materials shall meet the specifications and standards of the AmicanHort, previously the American Nursery and Landscape Association. (5) Where the planting of trees that have a height at twenty -year maturity, which would interfere with utilities, the Zoning Administrator may, as a part of development plan approval: (A) Permit the substitution of trees with a lesser height at maturity, provided the substitute trees shall be provided at a rate that will result in the same amount of total tree canopy. (B) Require that trees not be located within 10 feet of sewer lines and lateral unless the tree species is determined to be suitable for planting in proximity to such utilities. Sec. 36.2 -643. - Preservation of existing landscape features. (a) Generally. (3) With the approval of the Zoning Administrator, any existing tree, of six (6) inch caliper or greater, determined to be in healthy condition and of a species permitted and suitable for the requirement of this division for which credit is requested, as established in the Tree List, and preserved on the site in accordance with Section 36.2- 643(b), may receive a tree preservation bonus. For purposes of this subsection, a tree preservation bonus shall provide credit as follows for purposes of satisfying tree canopy requirements: (A) Existing approved tree of at least six (6) inch caliper shall receive a canopy credit of two (2) trees of the same species; (B) Existing approved tree of at least nine (9) inch caliper shall receive a canopy credit of three (3) trees of the same species; or (C) Existing approved tree of at least twelve (12) inch caliper shall receive a canopy credit of four (4) trees of the same species. (D) The Zoning Administrator may establish an appropriate credit for preservation of trees not listed in the city's Tree List subject to the Zoning Administrator's determination that the height, caliper, canopy, and suitability characteristics of such alternative trees are consistent with the intent and standards of this Division. The resource for such determination shall be based on the published reference text, Manual of Woody Landscape Plants, fifth edition, 1998, by Michael A. Dirr. Sec. 36.2 -648. - Parking area landscaping. (a) Parking areas shall be subject to the following buffering and screening standards: (3) Trees required by this section shall be selected from the Tree List. Sec. 36.2 -652. - Minimum parking. (a) Applicability. (1) Where minimum parking is required pursuant to the dimensional regulations of the district, the required minimum number of off - street parking spaces shall be provided as set forth in Table 652 -2, or as specified on the development plan for a planned unit development district. Table 652 -2. Required Parking Spaces .. . Minimum Number of Parking Spaces Required Maximum Use Calculated as 1 Space for Each Specified Unit Parking Accessory Uses Accessory uses ! None N Residential Uses Dwelling, single - family attached 0.667 dwelling unit N Dwelling, single - family detached None N Dwelling, two - family 0.667 dwelling unit N Dwelling, multifamily, elderly (intended and designed exclusively to house the elderly) Dwelling, multifamily, other than elderly Dwelling Townhouse or row house Dwelling, manufactured hor > Dwelling, mobile home Bed and breakfast Boarding house Dormitory 1.333 dwelling unit I N N 0.667 dwelling unit P 0.667 dwelling unit N N Not applicable I N Accommodations and Group Living Guest bedroom, plus 2 spa 3 rooms or dwelling unit Group care facility, congregate home, elderly Group care facility, congregate home, not otherwise listed in this table Group care facility, group care home Group care facility, halfway house Group care facility, nursing home Group care facility, transitional living facility Group home, subject to Section 15.2 -2291, Code of Virginia Hotel or motel Room; add spaces for me area as additional p Commercial Uses: Office and Related Use Blood bank or plasma center Business service establishment, not otherwise listed in this table 300 sf net floc Employment or temporary labor service Financial institution Laboratory, dental, medical, or optical 1,000 sf net flc Laboratory, testing and research Medical clinic Office, general or professional 300 sf net floc Outpatient mental health and substance abuse clinic Commercial Uses: Miscellaneous Animal hospital or veterinary clinic 500 sf net floor area Caterer, commercial Community market Drive - through facility Not applicable Drive - through kiosk Flea market 500 sf of indoor or outdoor display area Funeral home 4 seats in largest chapel or viewing room Kennel 1,000 sf net floor area Live -work unit � 1.5 dwelling unit I Subject to the requirements of the uses in the Mixed -use building I building Outdoor advertising sign None Pet crematorium 1,000 sf net floor area Studio /multimedia production facility 500 sf net floor area Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar food production, retail Body piercing establishment 300 sf net floor area Building supplies and materials, retail Business service establishment, not otherwise listed in this table Car wash 1.5 self- service bay Y Y Y Y Y Y Y Y Y Y N Y Y Y Y Y Y u 0.25 automated service k Commercial motor vehicle rental 1,000 sf net floor area establishment Commercial motor vehicle sales and 5,000 sf of lot area service establishment, new or used Contractor or tradesman's shop, general or !, 600 sf net floor area special trade Dry cleaning and laundry pickup station 250 sf net floor area Dry cleaning plant or commercial laundry 500 sf net floor area Gasoline station None . - -- General service establishment, not otherwise listed in this table 350 sf net floor area Janitorial services establishment Laundromat Lumberyard 1 1,000 sf net floor area Manufactured or mobile home sales 1 500 sf of sales and service b Motor vehicle rental establishment 1 1,000 sf net floor area Motor vehicle repair or service establishment 1.5 service bay Motor vehicle sales and service 750 sf net floor area establishment, new or used 1,000 sf of indoor floor sales area Nursery or greenhouse, commercial for every 1,000 sf of greenhouse o sales and customer display T 300 sf net floor area Personal service establishment, not otherwise listed in this table Pet grooming Recreational vehicle or boat sales Retail sales establishment — Large appliances, furniture, household fixtures, swimming pools, hot tubs, spas 500 sf net floor area 1,000 sf net floor area 1,000 sf of retail showroom area Retail sales establishment, not otherwise 250 sf of retail area listed in this table Storage building sales � 500 sf of sales building Tattoo parlor 300 sf net floor area Industrial 1,000 sf up to 10,000 sf of building area, then 1 All industrial uses space for every 2,000 sf of remaining building i area Warehousing and Storage Y Y N Y Y N Distribution center, not otherwise listed in 5,000 sf up to 50,000 sf of building area, then 1 space for every 10,000 sf of remaining building N this table i area Self- storage building Self- storage facility Storage of commercial motor vehicles Not Applicable Storage of motor vehicles for rental (no on -site rental or leasing facility) Tank farm, petroleum bulk station and 1,000 sf up to 10,000 sf of building area, then 1 terminal, or other aboveground storage of ,space for every 2,000 of remaining building area flammable liquids --- Warehouse 5,000 sf up to 50,000 sf of building area, then 1 t space for every 10,000 sf of remaining building N T 2 area Assembly and Entertainment Adult uses 500 sf building area 6 seats or 600 sf of total assembly area, Amphitheater whichever is greater Amusement, commercial, indoor Amusement, commercial, outdoor Botanical garden or arboretum Club, lodge, civic, social, or fraternal organization Community center Eating establishment Eating and drinking establishment Entertainment establishment Exhibition, convention, or conference center Gaming establishment Go -cart track Golf course Health and fitness center Meeting hall Paint ball facility, outdoor Park or playground, not otherwise listed in this table Y V 250 sf net floor area Y 1,000 sf of activity area Y Not applicable Y 300 sf of net floor area I N 100 sf net floor area N 8 persons of maximum load occupancy Y 250 sf net floor area 1,000 sf of activity area 0.5 holes 5 persons of maximum load occupancy 5 persons of maximum load occupancy 2,000 sf of activity area None N Y Y Y Y rA N 4 seats or per 6 linear feet of bench seating in the portion of the building to be used for Place of worship services or the largest assembly room, whichever is greater Recreation, indoor — Bowling alley 0.5 lane Recreation, indoor —Ice skating or roller 200 sf of skating area skating rink Recreation, indoor or outdoor — Basketball 0.5 court courts i E Recreation, indoor or outdoor — Batting 0.5 cage cages Recreation, indoor or outdoor - 500 sf of skating area Skateboarding course Recreation, indoor or outdoor — Swimming 75 sf of water area pools Recreation, indoor or outdoor — Tennis or 0.75 court other racquet courts Recreation, outdoor — Athletic fields 2,000 sf field area Recreation, outdoor —Golf driving ranges 0.75 tee Recreation, indoor, not otherwise listed in 500 sf of activity area this table T� Recreation, outdoor, not otherwise listed 1,000 sf of activity area in this table Sports stadium, arena, or coliseum T 5 seats Theater, movie or performing arts 5 seats Zoo 2,500 sf of display area Y u Y V Y Y Y Y Y i a Public, Institutional or Community Facilities Aquarium or planetarium —T 2,000 sf net floor a Artist studio 1,000 sf net floor a Cemetery None Community food operation 1,000 sf net floor a Community garden None Day care center, adult 8 persons as permitted by m Day care center, child 8 children as permitted by m Day care home, child Not applicable Educational facilities, business school or 4 students nonindustrial school Educational facilities, college /university 4 full -time equivalent s Educational facilities, elementary T 0.5 classroom Educational facilities, middle 0.5 classroom Educational facilities, secondary 7 students Educational facilities, industrial trade 5 students school Educational facilities, school for the arts 300 sf Fire, police, or emergency services 500 sf Government facility —Jail 20 inmate capac Government offices or other government 300 sf net floor a facility, not otherwise listed in this Table Hospital i 500 sf net floor area Library 500 sf net floor area Military Reserve or National Guard Center 600 sf net floor area Museum i 1,000 sf net floor area Post office 400 sf net floor area Supply pantry 500 sf net floor area Training facility for police, fire, or 600 sf net floor area emergency services Transportation Uses and Structures Airport None Airport - related commercial and personal service uses Bus maintenance, including repair and storage Bus passenger terminal or station 300 sf net floor area 2,000 sf building area None Y Y Y Y Y la u T N IN Y Limousine service 300 sf net floor area of office I N T5,000 sf up to 50,000 sf of building area, then 1 Motor freight terminal or truck terminal space for every 10,000 sf of remaining building N area Railroad freight yard, repair shop, and 1 5,000 sf up to 50,000 sf of building area, then 1 space for every 10,000 sf of [remaining] building j N marshalling yard area Railroad passenger station None Y Taxicab business I 300 sf net floor area of office N Broadcasting studio or stati Broadcasting tower Hazardous materials facilit Utility distribution or collection Utility distribution or collecti transitional Utility Uses and Structures ^^ ` net floo None sf office None None Utility generation or treatment I 300 sf office Utility maintenance and service facility 300 sf office Wireless telecommunications facility None Agriculture Agricultural operations I None ( N Animal shelter 500 sf net floor area Y Stable, commercial 4 stalls Y Wildlife rescue shelter or refuge area 500 sf net floor area of office Y "sf" means the net floor area in square feet for the principal structure, or use if the use occupies only part of a structure, unless otherwise noted in the table. "Y" means the maximum parking regulations set forth in Section 36.2 -653 shall apply. "N" means the maximum parking regulations shall not apply. Sec. 36.2 -661. - Applicability. (c) Exemptions. The provisions of this division, including the requirements for a zoning permit, shall not apply to the following signs, provided that no such sign shall be placed within the public right -of -way or within any sight distance triangle. Exempted signs shall not be included in the maximum permissible number of signs or maximum permissible sign area. Any exempted sign that is to be located in the Historic Downtown Overlay District (H -1) or the Historic Neighborhood Overlay District (H -2) shall be subject to the requirements of Section 36.2 -530 if applicable. (1) Decorative home flags or national, state, or other governmental flags and insignias. (2) legal notice, identification, informational, or directional signs erected by a government body or required to be erected by a government body. (3) Decorative banners attached to light poles, and secured at the top and bottom, which bear no advertising or commercial images. (4) Directional signs not exceeding four square feet in sign area, and four (4) feet in height for freestanding directional signs. (5) Signs displaying only the word "open" or "closed," or the hours of operation, illuminated or otherwise, provided such signs do not exceed one per lot and do not exceed four (4) square feet in sign area. (6) Commemorative plaques, historical markers, and signs which have special historical value or significance to the community, provided such signs are erected by a government body and do not exceed 15 square feet in sign area. (7) Nameplates not exceeding two square feet in sign area. (8) Neighborhood identification signs, displaying only the name of the neighborhood and not exceeding 15 square feet in sign area. (9) Address sign not exceeding four square feet in sign area. (10) Murals. (11) Temporary signs not exceeding 12 square feet in cumulative sign area in a residential district. (12) Temporary real estate signs which advertise for sale, rent, or lease the land or building upon which such signs are located. Such signs shall be limited to one sign per frontage and shall not exceed 12 square feet in any RA, R -12, R -7, R -5, R -3, RM -1, or RM -2 district and shall not 32 square feet in any RMF, multiple purpose district, industrial district, or planned unit development district. (13) Temporary off -site directional real estate signs, provided such signs do not exceed 12 square feet in sign area and written permission is obtained from the property owner on which the off - premises directional real estate sign is located. (14) Memorial plaques. (15) Temporary safety signs placed on temporary structures, fences, and barricades placed around excavations or building projects, whether on public or private property, which are related to safety considerations with the construction. (16) Construction signs erected on property where construction is underway or is proposed. Such signs shall be limited to one sign per frontage and shall not exceed 12 square feet in any RA, R -12, R -7, R -5, R -3, RM -1, or RM -2 district and shall not exceed 32 square feet in any RMF, multiple purpose district, industrial district, or planned unit development district. (17) Signs associated with an outdoor recreational facility, amphitheater, stadium or similar facility, where such signs are not legible from the public right -of -way. (18) A single sandwich board or "A" frame sign per storefront in multiple purpose districts. (19) Window covers placed on the inside of a window or windows of a vacant storefront to shield the interior of the building from view. Window covers shall not be subject to the maximum window coverage requirements of Section 36.2 -671 (b). Sec. 36.2 -662. - Definitions. Signs and their characteristics, as used in this division, shall be defined as set forth in this section and in Appendix A. For the purposes of this division, to the extent of any inconsistency between Appendix A and this division, the definitions provided in this division shall control. Feather sign: any piece of flexible fabric, resembling a feather in shape, with an upright support on one side, designed to allow the fabric to oscillate with the wind. Sec. 36.2 -663. - Prohibited signs. The following signs and sign characteristics shall be prohibited in all zoning districts: (a) Animated signs including feather signs. Sec. 36.2 -664. - Zoning permits for signs. (a) It shall be unlawful for any person to erect, install, structurally alter, modify, relocate, or replace any sign or sign structure, except for those exempted signs set forth in Section 36.2- 661(c) and those exempted from the permit requirements as set forth in Sec 363.2- 673(a), without first obtaining a zoning permit pursuant to this section. The refacing of a sign shall not require a zoning permit. Sec. 36.2 -673. - Temporary on- premises signs. (a) Temporary signs shall be permitted in Multiple Purpose, Industrial, and Planned Unit Development Districts subject to the following standards. (b) A Zoning permit shall not be required for any temporary sign meeting the requirements of this section. (c) Temporary signs shall not be included in the computation of permitted sign area. (d) Except as otherwise provided in this section, no temporary sign shall be displayed for more than 60 days of a calendar year. (e) The maximum area of a temporary sign is 32 square feet. The maximum height is 6 feet. One temporary sign is permitted for each lot frontage. (f) Inflatable signs, laser light or image projection signs, or searchlight or beacon signs shall be permitted as freestanding temporary signs, provided such signs meet the following requirements: (1) Permits for such signs shall not be issued unless the applicant provides documentation from the Roanoke Regional Airport and medical helicopter patient transportation providers within the City limits of noninterference with established routes; (2) Permits for such signs shall be limited to 7 days per calendar year per lot. (g) A temporary cover placed over an existing sign face because of change of ownership or the name of the business establishment shall be considered an on- premises temporary sign and shall be subject to the regulations of this section, except that such sign shall be permitted for a duration of 60 calendar days. Such temporary cover shall not exceed the sign area of the existing permanent sign face it is covering and shall not increase the height of the existing sign face. Upon written application by the original applicant to the Zoning Administrator, prior to the expiration of the original zoning permit for the temporary sign, the Zoning Administrator may extend the time period for the zoning permit, up to thirty (30) calendar days, if in the opinion of the Zoning Administrator the applicant is diligently pursuing a permanent sign replacement or reface. Failure of a person to apply for such extension within the timeframe set forth in this subsection, and the continued display of the temporary sign beyond the duration of the original zoning permit, shall constitute a violation of this chapter. (h) Except as otherwise provided in this section, temporary on- premises signs shall be attached to a building or building appendage or attached to posts, stakes, or other supports that shall be removed at the time the sign is removed. APPENDIX A. - DEFINITIONS For the purposes of this chapter, the following terms and words shall be defined as set forth below, unless otherwise provided in this chapter: Composting facility: A facility where organic matter that is derived primarily from off -site is to be processed by composting or is processed for commercial purposes. Activities of a composting facility may include management, collection, transportation, staging, composting, curing, storage, marketing, or use of compost. Borrow or Fill Site — A lot or portion of a lot at which soil or other related material is removed from the site for transportation to another site, or where soil or inert material from another lot or site is placed and that such borrow or fill changes the grade or elevation of the property. Borrow or fill related to an active building or zoning permit for a use other than a borrow or fill site is not considered a borrow or fill site. Any grading, whether intermittent or continuous, that occurs for longer than 30 days that is not part of an active building or zoning permit for a borrow or fill site is considered a borrow or fill site. Incidental grading as part of a landscaping project is not considered a borrow or fill site. B -1. Basic Development Plan (a) A basic development plan shall be prepared in a clear and legible manner and shall be drawn to a suitable and fixed scale, such as one (1) inch equals thirty (30) feet. This scale may be larger or smaller depending upon the size of the lot or tract involved. The zoning administrator may require a basic development plan to be prepared by a design professional based on a survey when a high level of precision is required including construction close to a lot line, when specific building placement is required or proximity to a flood zone. The zoning administrator may require an as- built survey to confirm proper location during or upon completion of construction when such level of precision is required. (b) A basic development plan submitted for approval shall include a completed application form, accompanied by payment of the required fees. One copy of the basic development plan, whether digital or paper, shall be submitted for any review by the Zoning Administrator. (c) A basic development plan shall include the following information, although the zoning administrator may waive any of the following required information, if it is not needed to determine compliance with a specific section of this chapter and if the agent identifies such code section pursuant to Sections 36.2- 552(c) and 36.2- 553(c)(1)(B) of the City Code: (1) Official tax map number and current zoning classification, including any conditions that may be applicable to the property. (2) Scale of the drawing. (3) Name and /or labeling of all adjoining streets and alleys. (4) All public easements affecting the property. (5) Accurate dimensions and shape of the lot. (6) Location and dimensions, to scale, of all existing and proposed structures on the lot, including the delineation and dimensions of any overhangs or eaves. (7) Setback measurements for all existing or proposed structures on the lot from all adjoining property lines. If the development is subject to the front yard dimensions for infill development in Section 36.2 -313, the shallowest established front yard shall be delineated as required by that section. Setback measurements shall be based on the distance from adjoining property lines to the line parallel to the street right -of -way that passes nearest that street right -of -way, with such point being thirty (30) inches or greater above the graded ground level. (If a structure has overhangs or eaves, setbacks should be measured from the furthest projection of the overhang to the street right -of -way on a line that is parallel to that street right -of -way.) (8) Number, location, and dimensions of all on -site parking spaces, entrances to the site, driveways, or other paved areas; labeling of driveway surface; delineation of on- street parking space(s) if permitted on- street parking along lot frontage is being utilized to meet minimum parking requirement, per Section 36.2- 652(d). (9) Existing and proposed improvements in the right -of -way abutting the property or development area including edge of pavement, curb, sidewalk, driveway entrances and street trees. (10) Verification of available water and sanitary sewer facilities and location of any new water lines and sewer laterals, or septic systems, when permitted. (11) Delineation of all landscaping required pursuant to the regulations of Article 4 and Article 6 of this chapter, including: (A) Location, size, and description of all required planting areas and planting materials; however, such details on required tree canopy need not be specified and may be substituted by a statement on the plan indicating the amount (square feet) of required overall tree canopy to be provided before a certificate of occupancy is issued. (B) Tree protection areas and methods of protection for any existing vegetation to be preserved to satisfy any landscaping requirement; and (C) Delineation of any created slope of two to one (2:1), horizontal to vertical, or greater, and description of vegetative cover pursuant to Section 36.2- 642(a)(4). (12) Delineation of any riparian buffers required pursuant to Section 36.2 -335. (13) Outdoor lighting plan as required by Division 2, Article 6, of this chapter. (14) For any property located in a floodplain district as established by Section 36.2 -333, or if the property is determined to be in such close proximity that a reasonable uncertainty exists as to the location of the floodplain district, the mean sea level elevations, prepared by a licensed surveyor or engineer, shall be given for: (A) The floodway and /or the 100 -year floodplain; (B) The lowest floor elevation of all existing or proposed structures; and (C) The elevation to which the structure is or will be floodproofed. (15) Statement that all utilities will be located underground or statement of exception per Section 36.2 -610. (16) Other information as may be required by the Zoning Administrator to determine compliance with this chapter. (d) If the application for basic development plan approval proposes construction that will require a land disturbing activity in or upon critical terrain that slopes towards adjacent properties, streets, alleys, streams, or creeks, or if the proposed land disturbing activity is found by the Zoning Administrator to involve site - specific features which warrant a review of erosion and sediment control or if such proposed activities are applicable under Chapter 11.7 Erosion and Sediment Control, of this Code, a grading and erosion and sediment control plan, prepared by a licensed professional engineer, surveyor, or architect, shall be required. An agreement in lieu of a plan may be substituted for an erosion and sediment control plan consistent with the provisions of Chapter 11.7 Erosion and Sediment Control, of this code. The Roanoke Times Roanoke, Virginia Affidavit of Publication CITY OF ROANOKE - PDB Attn Tina Carr 216 CHURCH AVE ROOM 166 ROANOKE, VA 24011 Account Numbe7, 6011439 I Date —i July 23, 2020 Date Category Description Ad Size Total Cost 07/16/2020 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised he I X 662 L 6,107.44 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 PUBLIC HEARING NOTICE An was published in said newspapers on the following dates: 06/30. 07107/2020 The First insertion being given ... 06/30/2020 Newspaper reference: 0001109059 Billing Representative Sworn to and subscribed before me this Thursday, July 23, 2020 Notary Public Htr fA State of Virginia City/County of My Commission expires THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, 4th floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster, as permitted by Virginia Code Sections 2.2• 37082(A) and 15.2.1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41703. 032720, and Resolution No. 41704. 032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online or may be obtained digitally by emailing IanninAroanokeva.ci . The City of Roanoke Planning Commission will hold a public hearing on July 13, 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters and proposed amendments to Chapter 362, Zoning, and Chapter 31.1, Subdivisions. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by emailing lap nning @roanokeva.gov or by calling (540)853 -1330 by noon, Friday, July 10, 2020. Persons who register to speak will be provided with information to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning+*,roanokeva.gov on or prior to 1:D0 p.m., Friday, July 10, 2020. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Application by Glade Creek Development, LLC, to rezone and repeal the single condition proffered as part of a previous rezoning adopted through the enactment of Ordinance 40007. 072114 for the following properties located as indicated below from MXPUD, Mixed Use Planned Unit Development, to R -5, Residential Single - Family District: 402 Savannah Drive NE, bearing Official Tax Map No. 7060163 406 Savannah Drive NE, bearing Official Tax Map No. 7060164 410 Savannah Drive NE, bearing Official Tax Map No. 7060165 414 Savannah Drive NE, bearing Official Tax Map No. 7060166 418 Savannah Drive NE, bearing Official Tax Map No. 7060167 422 Savannah Drive NE, bearing Official Tax Map No. 7060168 426 Savannah Drive NE, bearing Official Tax Map No. 7060169 430 Savannah Drive NE, bearing Official Tax Map No. 7060170 434 Savannah Drive NE, bearing Official Tax Map No. 7060171 438 Savannah Drive NE, bearing Official Tax Map No. 7060172 442 Savannah Drive NE, bearing Official Tax Map No. 7060173 446 Savannah Drive NE, bearing Official Tax Map No. 7060174 450 Savannah Drive NE, bearing Official Tax Map No. 7060175 454 Savannah Drive NE, bearing Official Tax Map No. 7060176 458 Savannah Drive NE, bearing Official Tax Map No. 7060177 462 Savannah Drive NE, bearing Official Tax Map No. 7060178 466 Savannah Drive NE, bearing Official Tax Map No. 7060179 470 Savannah Drive NE, bearing Official Tax Map No. 7060180 474 Savannah Drive NE, bearing Official Tax Map No. 7060181 478 Savannah Drive NE, bearing Official Tax Map No. 7060182 502 Savannah Drive NE, bearing Official Tax Map No. 7060183 506 Savannah Drive NE, bearing Official Tax Map No. 7060184 510 Savannah Drive NE, bearing Official Tax Map No. 7060185 514 Savannah Drive NE, bearing Official Tax Map No. 7060186 518 Savannah Drive NE, bearing Official Tax Map No. 7060187 522 Savannah Drive NE, bearing Official Tax Map No. 7060188 526 Savannah Drive NE, bearing Official Tax Map No. 7060189 530 Savannah Drive NE, bearing Official Tax Map No. 7060190 534 Savannah Drive NE, bearing Official Tax Map No. 7060191 538 Savannah Drive NE, bearing Official Tax Map No. 7060192 542 Savannah Drive NE, bearing Official Tax Map No. 7060193 546 Savannah Drive NE, bearing Official Tax Map No. 7060194 550 Savannah Drive NE, bearing Official Tax Map No. 7060195 554 Savannah Drive NE, bearing Official Tax Map No. 7060196 558 Savannah Drive NE, bearing Official Tax Map No. 7060197 562 Savannah Drive NE, bearing Official Tax Map No. 7060198 566 Savannah Drive NE, bearing Official Tax Map No. 7060199 570 Savannah Drive NE, bearing Official Tax Map No. 7060200 574 Savannah Drive NE, bearing Official Tax Map No. 7060201 578 Savannah Drive NE, bearing Official Tax Map No. 7060202 579 Savannah Drive NE, bearing Official Tax Map No. 7060203 575 Savannah Drive NE, bearing Official Tax Map No. 1060204 571 Savannah Drive NE, bearing Official Tax Map No. 7060205 567 Savannah Drive NE, bearing Official Tax Map No. 7060206 563 Savannah Drive NE, bearing Official Tax Map No. 7060207 559 Savannah Drive NE, bearing Official Tax Map No. 7060208 555 Savannah Drive NE, bearing Official Tax Map No. 7060209 551 Savannah Drive NE, bearing Official Tax Map No. 7060210 547 Savannah Drive NE, bearing Official Tax Map No. 7060211 543 Savannah Drive NE, bearing Official Tax Map No. 7060212 539 Savannah Drive NE, bearing Official Tax Map No. 7060213 535 Savannah Drive NE, bearing Official Tax Map No. 7060214 531 Savannah Drive NE, bearing Official Tax Map No. 7060215 527 Savannah Drive NE, bearing Official Tax Map No. 7060216 523 Savannah Drive NE, bearing Official Tax Map No. 7060217 519 Savannah Drive NE, bearing Official Tax Map No. 7060218 515 Savannah Drive NE, bearing Official Tax Map No. 7060219 511 Savannah Drive NE, bearing Official Tax Map No. 7060220 507 Savannah Drive NE, bearing Official Tax Map No. 7060221 503 Savannah Drive NE, bearing Official Tax Map No. 7060222 483 Savannah Drive NE, bearing Official Tax Map No. 7060223 479 Savannah Drive NE, bearing Official Tax Map No. 7060224 475 Savannah Drive NE, bearing Official Tax Map No. 7060225 471 Savannah Drive NE, bearing Official Tax Map No. 7060226 467 Savannah Drive NE, bearing Official Tax Map No. 7060227 463 Savannah Drive NE, bearing Official Tax Map No. 7060228 459 Savannah Drive NE, bearing Official Tax Map No. 7060229 455 Savannah Drive NE, bearing Official Tax Map No. 7060230 451 Savannah Drive NE, bearing Official Tax Map No. 7060231 447 Savannah Drive NE, bearing Official Tax Map No. 7060232 443 Savannah Drive NE, bearing Official Tax Map No. 7060233 439 Savannah Drive NE, bearing Official Tax Map No. 7060234 435 Savannah Drive NE, bearing Official Tax Map No. 7060235 431 Savannah Drive NE, bearing Official Tax Map No. 7060236 125 Brenda Way NE, bearing Official Tax Map No. 7060113 583 Savannah Drive NE, bearing Official Tax Map No. 7060260 487 Savannah Drive NE, bearing Official Tax Map No. 7060261 203 Georgia Court NE, bearing Official Tax Map No. 7060237 207 Georgia Court NE, bearing Official Tax Map No. 7060238 211 Georgia Court NE, bearing Official Tax Map No. 7060239 215 Georgia Court NE, bearing Official Tax Map No. 7060240 219 Georgia Court NE, bearing Official Tax Map No. 7060241 223 Georgia Court NE, bearing Official Tax Map No. 7060242 227 Georgia Court NE, bearing Official Tax Map No. 7060243 231 Georgia Court NE, bearing Official Tax Map No. 7060244 235 Georgia Court NE, bearing Official Tax Map No. 7060245 239 Georgia Court NE, bearing Official Tax Map No. 7060246 243 Georgia Court NE, bearing Official Tax Map No. 7060247 246 Georgia Court NE, bearing Official Tax Map No. 7060246 242 Georgia Court NE, bearing Official Tax Map No. 7060249 238 Georgia Court NE, bearing Official Tax Map No. 7060250 234 Georgia Court NE, bearing Official Tax Map No. 7060251 230 Georgia Court NE, bearing Official Tax Map No. 7060252 226 Georgia court NE, bearing Official Tax Map No. 7060253 222 Georgia Court NE, bearing Official Tax Map No. 7060254 218 Georgia Court NE, bearing Official Tax Map No. 7060255 214 Georgia Court NE, bearing Official Tax Map No. 7060256 210 Georgia Court NE, bearing Official Tax Map No. 7060257 206 Georgia Court NE, bearing Official Tax Map No. 7060258 202 Georgia Court NE, bearing Official Tax Map No. 7060259 The land use categories permitted in R. 5 District include residential: accommodations and group living: commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 5.000 square feet of lot area and no maximum floor area ratio specified. The Comprehensive Plan designates the property for single family, medium density. The proposed use of the properties remain detached single. family dwellings. Application by Northbridge Properties, LLC, to rezone and repeal all conditions Previously proffered as part of previous rezoning$ for property located at 2006 Peters Creek Road NW, 4425 Northwood Drive NW, 4431 Northwood Drive NW, and a portion of 2032 Peters Creek Road NW, bearing Official Tax Map Nos. 6140612, 6140610, 6140609, and 6141403, respectively, from CG, Commercial- General District; R -7, Residential Single- Family District; and CG, Commercial - General District, with conditions, to CLS, Commercial -Large Site District, with conditions. All conditions previously adopted through enactment of Ordinance #28339 are proposed for repeal on a portion of property located at 2032 Peters Creek Road NW, bearing Official Tax Map No. 6141403. All conditions previously adopted through enactment of Ordinance #!35253. 040201 are proposed for repeal on property located at 4431 Northwood Drive NW and 4.425 Northwood Drive NW, bearing Official Tax Map Nos. 6140609 and 6140610, respectively. The land use categories Permitted in the CLs District include residential; accommodations and group living; commercial: industrial; assembly and entertainment: public, institutional and community facilities; transportation; utility; agricultural: and accessory, with no maximum density. The comprehensive plan designates the property for commercial and single family residential uses. The proposed use of the properties remain motor vehicle sales and service establishment, new and used. Application by Grandin Court Baptist Church to rezone property located at 2600 Sweetbrier Avenue SW and 0 Spring Road SW, bearing Official Tax Map Nos. 1561301 and 1561315, respectively, from IN, Institutional District, to R -7, Residential Single - Family District. The land use categories permitted in the R -7 District include residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses; and accessory; with a maximum density of one dwelling unit per 7,000 square feet. The comprehensive plan designates the property for single family, medium density. The proposed use of the properties is single - family residential. Proposed amendments to Chapter 362, Zoning, of the Code of the City of Roanoke, (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted: 1. Sec. 362.205, Dimensional regulations, and Table 205 -2, Application of Maximum Front Yard Requirements, to correct the amount of building facade that must be situated within the maximum front yard as noted in the exception. 2. Sec. 361 -311, Use table for residential districts, to add Borrow or fill site and Composting Facility as special exception uses in the RA district. 3. Sec. 361.315, Use table for multiple purpose districts, to fix scrivener's error for Internet sales establishment and add Borrow or Fill Site as a special exception use in the MX, CN, CG, CLS, D, IN, ROS, and OF districts. 4. Sec. 361.322, Use table for industrial districts, to add Borrow or Fill Site as a special exception use in the 1 -1, 1.2, and AD districts; to add Composting Facility as a special exception use in the 1.1 District; to modify the descriptor for the Manufacturing: Wood products use to include the shredding or grinding of wood to create mulch; and to include a reference to supplemental regulations for a Workshop. 5. Sec. 362 -327, Use table for planned unit development districts, to add Dwelling, single - family attached; Dwelling, single - family detached; Dwelling. two - family; Dwelling, multifamily; Dwelling, townhouse or rowhouse; Hotel or motel; Live -work unit; Mixed -use building; Amusement, commercial, indoor; Educational facilities, school for the arts; Fire, police, or emergency services; Library; Supply pantry as permitted uses in the IPUD district. Add Outdoor recreation facility lighting or sports stadium lighting as a special exception use in the IPUD district. Add Government offices or other government facility, 'not otherwise listed; Broadcasting studio or station as permitted uses in the MXPUD district. Add Broadcasting tower as a special exception use in the MXPUD district. Add workshop; Amusement, commercial, outdoor; Microbrewery or microdistillery as permitted uses in MXPUD and IPUD districts. Add Borrow or Fill Site as a permitted use in MXPUD, INPUD, and IPUD districts. 6. Sec. 362. 410.1, Fill or Borrow Sites, to establish supplemental regulations related to the criteria for reviewing, establishing, and operating a borrow or fill site, including type of fill material, grading and drainage, operating times, storage of equipment, and reclamation. 7. Sec. 36.2. 407.2, Composting Facilities, to establish supplemental regulations related to the criteria for reviewing, establishing, and operating a composting facility, including compliance with applicable state regulations, providing details on operations and materials to be composted, implementing and updating an operations plan, and final approval of a composting facility by the state prior to issuance of a certificate of occupancy. 8. Sec. 36.2 -423, Outdoor storage, to add requirements for storage of bulk materials, including but not limited to sand, gravel, mulch, or soil. 9. Sec. 362 -429, Temporary uses and Table 429 -1, to change the column titles "Maximum Number per Calendar Year for Lot" to "Maximum Frequency per Lot" and update time frame for each use accordingly and to add Temporary, short-term filling, grading, or borrow operation, subject to subsection (f) below as a temporary use. 10.Sec. 36.2.429, Temporary uses, to add off -site fill sites or borrow sites associated with a specific construction site as temporary construction- related activity and to add a definition and parameters of operation for a Temporary, short-term filling, grading, or borrow operation. 11.Sec. 36.2.552, Basic development plans, to reverse the order of items (3) and (4) so the section reads more clearly. 12.Sec. 361 -553, Comprehensive development plans, to clarify that an initial review will occur to determine if a plan is complete. Once determined to be complete, the plan review will be completed within 12 business days, resulting in comments regarding missing information, errors, required revisions, etc, or that the plan is sufficient and is approved. 13.Sec. 36.2 -630, General development standards, to add bicycle facilities to the list of right -of -way improvements that may be required by the Agent to the Planning Commission and that the Agent to the Planning Commission may require removal or replacement al existing right -of -way improvements when new development necessitates or no longer requires such improvements. 14.Sec. 36.2.642, General landscaping and screening standards, to update a reference to the Tree List, to update the reference to the trade association that publishes standards for vegetative plantings, and to clarify that the Zoning Administrator may limit plantings of trees in close proximity to sewer lines and laterals. 15.Sec. 361.643, Preservation of existing landscape features, to update a reference to the Tree List and to allow the Zoning Administrator to establish credits for existing trees to be preserved trees that are not included in the Tree List. 16. Sec. 36.2 -648, Parking area landscaping, to update a reference to the Tree List. 17.Sec. 36.2.652, Minimum parking and Table 652.2, Required Parking Spaces, to increase the decimal places in the number of parking spaces required for Dwelling, single - family attached; Dwelling, two- family; Dwelling, multifamily; elderly (intended and designed exclusively to house the elderly); Dwelling, multifamily, other than elderly dwelling; and Townhouse or row house; and to replace the parking standard for mini - warehouses with a standard for Self- storage buildings and Self - storage facilities. 18.Sec. 362.661, Applicability, to amend to increase the size of temporary real estate signs from six to 12 square feet In the RA, R -12, R -7, R -5, R -3, RM -1, and RM -2 districts; to increase the size of temporary off -site real estate signs from five to 12 square feet; and increase the size of temporary construction signs from six to 12 square feet in the RA, R -12, R -7, R- 5, R -3, RM -1, and RM -2 districts. 19-Sec. 36.2.662, Definitions, to add definition of a feather sign. 20.Sec. 362.663. Prohibited signs, to expand the prohibition on animated signs to include feather signs. 21.Sec. 36.2.654, Zoning permits for signs, to expand exemption for signs not requiring a permit to those set forth in Sec 3631- 673(a). 22.Sec. 361 -673, Temporary on- premises signs, to delete Table 673 -1. temporary Signs: Maximum Square Footage of Sign Area; to permit temporary signs in Multiple Purpose, Industrial and Planned Unit Development districts, subject to limits an size, height, number of signs displayed, and maximum time limits fill temporary signs; and to provide additional requirements and limits for inflatable, laser light, or image projrrtion, or search light or beacon signs. 23.Appendix A, Definitions, to modify definition of Composting Facility. and to add definition for Borrow or Fill Site. 24.Appendix B -1, Basic Development Plan, to add requirement that Zoning Administrator may require a basic development plan to be required by a design professional; to allow the Zoning Administrator rather than the Agent to the Planning Commission waive standards for a basic development plan; to require that existing and proposed improvements in the right -of -way and proposed waterlines, sewer laterals, or septic systems be included on a plan; and to clarify applicability of agreements in lieu of an erosion and sediment control plan. Proposed amendments to Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended: 25.Section 31.1 -203, Subdivision application, review, and approval, update to require electronic submissions, excepting final signature sets to be recorded. 26.5ection 31.1.400, Standards for streets, add current Virginia Department of Transportation reference documents and most applicable sections for use by the Subdivision Agent; update Tables 400.1 and 4004 to reflect standards for streets with average daily traffic (ADT) greater than 4,000; and note that bicycle accommodations may be required on collector and arterial streets; include speck reference for Americans with Disabilities Act (ADA) compliance; and 27.Appendix B -4, Requirements for final subdivision site plan, add requirement to show average daily traffic (ADT) for street and to show site distance for entrances when directed by the Subdivision Agent The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. The proposed amendments are digitally available for review online or may be obtained digitally by emailing planning ,l-vroanokeva.gov. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters and proposed amendments to Chapter 362, Zoning, and Chapter 31.1, Subdivisions, on July 20, 2020, at 7 :00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 8532541 at least five days prior to the scheduled public hearings. Cecelia F. McCoy, CMC, City Clerk (1109059) PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, 4"' floor, Room 450. Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. These public hearings may be conducted by electronic communication means due to the COVID -19 pandemic disaster, as permitted by Virginia Code Sections 2.2- 37082(A) and 15.2 -1413, Amendment 28 to House Bill (HB)29 (2020 Session), Ordinance No. 41703 - 032720, and Resolution No. 41704- 032720. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online or may be obtained digitally by emailing _ The Cite of Roanoke Planning Commission will hold a public hearing on July 131 2020, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider the following matters and proposed amendments to Chapter 36.2, Zoning, and Chapter 31.1, Subdivisions. All persons wishing to address the Planning Commission must sign -up with the Secretary to the Planning Commission by emailing _ or by calling (540)853 -1330 by noon, Friday. July 10, 2020. Persons who register to speak will be provided with infonnation to present their testimony via electronic communication means in the event the public hearing is conducted using electronic communication means. Written comments of interested persons will be received by the Secretary to the Planning Commission at �� _ on or prior to 1:00 p.m., Friday, July 10. 2020. All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Application by Glade Creek Development, LLC, to rezone and repeal the single condition proffered as part of a previous rezoning adopted through the enactment of Ordinance 40007- 0721 14 for the following properties located as indicated below from MXPUD, Mixed Use Planned Unit Development. to R -5, Residential Single- Family District: 402 Savannah Drive NE. bearing Official Tax Map No. 7060163 406 Savannah Drive NE. bearing Official Tax Map No. 7060164 410 Savannah Drive NE. bearing Official Tax Map No. 7060165 414 Savannah Drive NE, bearing Official Tax Map No. 7060166 418 Savannah Drive NE, bearing Official Tax Map No. 7060167 422 Savannah Drive NE, bearing Official Tax Map No. 7060168 426 Savannah Drive NE, bearing Official Tax Map No. 7060169 430 Savannah Drive NE, bearing Official Tax Map No. 7060170 434 Savannah Drive NE. bearing Official Tax Map No. 7060171 438 Savannah Drive NE. bearing Official Tax Map No. 7060172 442 Savannah Drive NE, bearing Official Tax Map No. 7060173 446 Savannah Drive NE, bearing Official Tax Map No. 7060174 450 Savannah Drive NE, bearing Official Tax Map No. 7060175 454 Savannah Drive NE, bearing Official Tax Map No. 7060176 458 Savannah Drive NE, bearing Official Tax Map No. 7060177 462 Savannah Drive NE, bearing Official Tax Map No. 7060178 466 Savannah Drive NE, bearing Official Tax Map No. 7060179 470 Savannah Drive NE, bearing Official Tax Map No. 7060180 474 Savannah Drive NE, bearing Official Tax Map No. 7060181 478 Savannah Drive NE, bearing Official Tax Map No. 7060182 502 Savannah Drive NE, bearing Official Tax Map No. 7060183 506 Savannah Drive NE, bearing Official Tax Map No. 7060184 510 Savannah Drive NE, bearing Official Tax Map No. 7060185 514 Savannah Drive NE, bearing Official Tax Map No. 7060186 518 Savannah Drive NE, bearing Official Tax Map No. 7060187 522 Savannah Drive NE, bearing Official Tax Map No. 7060188 526 Savannah Drive NE, bearing Official Tax Map No. 7060189 530 Savannah Drive NE, bearing Official Tax Map No. 7060190 534 Savannah Drive NE, bearing Official Tax Map No. 7060191 538 Savannah Drive NE, bearing Official Tax Map No. 7060192 542 Savannah Drive NE, bearing Official Tax Map No. 7060193 546 Savannah Drive NE, bearing Official Tax Map No. 7060194 550 Savannah Drive NE, bearing Official Tax Map No. 7060195 554 Savannah Drive NE, bearing Official Tax Map No. 7060196 558 Savannah Drive NE, bearing Official Tax Map No. 7060197 562 Savannah Drive NE, bearing Official Tax Map No. 7060198 566 Savannah Drive NE, bearing Official Tax Map No. 7060199 570 Savannah Drive NE, bearing Official Tax Map No. 7060200 574 Savannah Drive NE, bearing Official Tax Map No. 7060201 578 Savannah Drive NE, bearing Official Tax Map No. 7060202 579 Savannah Drive NE, bearing Official Tax Map No. 7060203 575 Savannah Drive NE, bearing Official Tax Map No. 7060204 571 Savannah Drive NE, bearing Official Tax Map No. 7060205 567 Savannah Drive NE, bearing Official Tax Map No. 7060206 563 Savannah Drive NE, bearing Official Tax Map No. 7060207 559 Savannah Drive NE, bearing Official Tax Map No. 7060208 555 Savannah Drive NE, bearing Official Tax Map No. 7060209 551 Savannah Drive NE. bearing Official Tax Map No. 7060210 547 Savannah Drive NE, bearing Official Tax Map No. 7060211 543 Savannah Drive NE, bearing Official Tax Map No. 7060212 539 Savannah Drive NE, bearing Official Tax Map No. 7060213 535 Savannah Drive NE, bearing Official Tax Map No. 7060214 5' )1 Savannah Drive NE, bearing Official Tax Map No. 7060215 527 Savannah Drive NE. bearing Official Tax Map No. 7060216 523 Savannah Drive NE, bearing Official Tax Map No. 7060217 519 Savannah Drive NE, bearing Official Tax Map No. 7060218 515 Savannah Drive NE, bearing Official Tax Map No. 7060219 511 Savannah Drive NE, bearing Official Tax Map No. 7060220 507 Savannah Drive NE, bearing Official Tax Map No. 7060221 503 Savannah Drive NE, bearing Official Tax Map No. 7060222 483 Savannah Drive NE, bearing Official Tax Map No. 7060223 479 Savannah Drive NE, bearing Official Tax Map No. 7060224 475 Savannah Drive NE, bearing Official Tax Map No. 7060225 471 Savannah Drive NE, bearing Official Tax Map No. 7060226 467 Savannah Drive NE, bearing Official Tax Map No. 7060227 463 Savannah Drive NE, bearing Official Tax Map No. 7060228 459 Savannah Drive NE, bearing Official Tax Map No. 7060229 455 Savannah Drive NE, bearing Official Tax Map No. 7060230 451 Savannah Drive NE, bearing Official Tax Map No. 7060231 447 Savannah Drive NE, bearing Official Tax Map No. 7060232 443 Savannah Drive NE, bearing Official Tax Map No. 7060233 439 Savannah Drive NE, bearing Official Tax Map No. 7060234 435 Savannah Drive NE, bearing Official Tax Map No. 7060235 431 Savannah Drive NE, bearing Official Tax Map No. 7060236 125 Brenda Way NE, bearing Official Tax Map No. 7060113 583 Savannah Drive NE, bearing Official Tax Map No. 7060260 487 Savannah Drive NE, bearing Official Tax Map No. 7060261 203 Georgia Court NE, bearing Official Tax Map No. 7060237 207 Georgia Court NE, bearing Official Tax Map No. 7060238 211 Georgia Court NE, bearing Official Tax Map No. 7060239 215 Georgia Court NE, bearing Official Tax Map No. 7060240 219 Georgia Court NE, bearing Official Tax Map No. 7060241 223 Georgia Court NE, bearing Official Tax Map No. 7060242 277 Georgia Court NE, bearing Official Tax Map No. 7060243 231 Georgia Court NE, bearing Official Tax Map No. 7060244 235 Georgia Court NE, bearing Official Tax Map No. 7060245 239 Georgia Court NE, bearing Official Tax Map No. 7060246 243 Gcorgia Court NE, bearing Official Tax Map No. 7060247 246 Georgia Court NE, bearing Official Tax Map No. 7060248 242 Georgia Court NE, bearing Official Tax Map No. 7060249 238 Georgia Court NE, bearing Official Tax Map No. 7060250 234 Georgia Court NE. bearing Official Tax Map No. 7060251 230 Georgia Court NE, bearing Official Tax Map No. 7060252 226 Georgia Court NE, bearing Official Tax Map No. 7060253 222 Georgia Court NE, bearing Official Tax Map No. 7060254 218 Georgia Court NE, bearing Official Tax Map No. 7060255 214 Georgia Court NE, bearing Official Tax Map No. 7060256 210 Georgia Court NE, bearing Official Tax Map No. 7060257 206 Georgia Court NE, bearing Official Tax Map No. 7060258 202 Georgia Court NE, bearing Official "Tax Map No. 7060259 The land use categories pennitted in R -5 District include residential; accommodations and group living; commercial; utility uses and structures, animal and agricultural uses; and accessory, with a maximum density of one dwelling unit per 5,000 square feet of lot area and no maximum floor area ratio specified. The Comprehensive Plan designates the property for single family, medium density. The proposed use of the properties remain detached single - family dwellings. Application by Northbridge Properties, LLC, to rezone and repeal all conditions previously proffered as part of previous rezonings for property located at 2006 Peters Creek Road NW, 4425 Northwood Drive NW, 4431 Northwood Drive NW, and a portion of 2032 Peters Creek Road NW, bearing Official Tax Map Nos. 6140612, 6140610, 6140609, and 6141403, respectively, from CG. Commercial- General District: R -7, Residential Single- Family District; and CG, Commercial- General District, with conditions, to CLS, Commercial -Large Site District, with conditions. All conditions previously adopted through enactment of Ordinance #28339 are proposed for repeal on a portion of property located at 2032 Peters Creek Road NW, bearing Official Tax Map No. 6141403. All conditions previously adopted through enactment of Ordinance #35253- 040201 are proposed for repeal on property located at 4431 Northwood Drive NW and 4425 Northwood Drive NW, bearing Official Tax Map Nos. 6140609 and 6140610, respectively. The land use categories permitted in the CLS District include residential; accommodations and group living; commercial, industrial; assembly and entertainment; public, institutional and community facilities; transportation; utility; agricultural; and accessory, with no maximum density. The comprehensive plan designates the property for commercial and single family residential uses. The proposed use of the properties remain motor vehicle sales and service establishment, new and used. Application by Grandin Court Baptist Church to rezone property located at 2600 Sweetbrier Avenue SW and 0 Spring Road SW, bearing Official Tax Map Nos. 1561301 and 1561315, respectively, from IN, Institutional District, to R -7, Residential Single - Family District. The land use categories permitted in the R -7 District include residential; accommodations and group living; commercial; utility uses and structures; animal and agricultural uses, and accessory; with a maximum density of one dwelling unit per 7,000 square feet. The comprehensive plan designates the property for single family, medium density. The proposed use of the properties is single - family residential. Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke, (1979), as amended, by amending and reordaining, adding or deleting the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens, and to make the City's Toning ordinance consistent with state code, such amendments not constituting a comprehensive rezoning or change of any densities that would decrease pern-utted density in any district, unless otherwise noted: Sec. 36.2 -205, Dimensional regulations, and Table 205 -2, Application of Maximum Front Yard Requirements, to correct the amount of building facade that must be situated within the maximum front yard as noted in the exception. 2. Sec. 36.2 -31 l . Use table for residential districts, to acid Borrow or fill site and Composting Facility as special exception uses in the RA district. 3. Sec. 36.2 -315, Use table for multiple purpose districts, to fix scrivener's error for Internet sales establishment and add Borrow or Fill Site as a special exception use in the MX, CN, CG, CLS, D, IN, ROS, and OF districts. 4. Sec. 36.2 -322, Use table for industrial districts, to add Borrow or Fill Site as a special exception use in the I -1, I -2, and AD districts; to add Composting Facility as a special exception use in the I- I District; to modify the descriptor for the Manufacturing: Wood products use to include the shredding or grinding of wood to create mulch; and to include a reference to supplemental regulations for a Workshop. 5. Sec. 36.2 -327, Use table for planned unit development districts, to add Dwelling, single - family attached; Dwelling, single- family detached; Dwelling, two- family; Dwelling, multifamily; Dwelling, townhouse or rowhouse; Hotel or motel; Live -work unit; Mixed -use building; Amusement, commercial, indoor; Educational facilities, school for the arts; Fire, police, or emergency services; Library; Supply pantry as pennitted uses in the IPUD district. Add Outdoor recreation facility lighting or sports stadium lighting as a special exception use in the IPUD district. Add Government offices or other government facility, not otherwise listed; Broadcasting studio or station as pennitted uses in the MXPUD district. Add Broadcasting tower as a special exception use in the MXPUD district. Add kvorkshop; Amusement, commercial, outdoor, Microbrewery or microdistillery as permitted uses in MXPUD and IPUD districts. Add Borrow or Fill Site as a permitted use in MXPUD, INPUD, and IPUD districts. 6. Sec. 36.2 - 410.1, Fill or Borrow Sites, to establish supplemental regulations related to the criteria for reviewing, establishing. and operating a borrow or fill site, including type of fill material, grading and drainage, operating times. storage of equipment, and reclamation. 7. Sec. 36.2 - 407.2, Composting Facilities, to establish supplemental regulations related to the criteria for reviewing, establishing, and operating a composting facility, including compliance with applicable state regulations, providing details on operations and materials to be composted, implementing and updating an operations plan, and final approval of a composting facility by the state prior to issuance of a certificate of occupancy. 8. Sec. 36? -423. Outdoor storage, to add requirements for storage of bulk materials, including but not limited to sand, gravel, mulch, or soil. 9. Sec. 36.2 -429, Temporary uses and Table 429 -1, to change the colLunn titles "Maximum Number per Calendar Year for Lot" to "MaxlnlU n Frequency per Lot" and update time frame for each use accordingly and to add Temporary, short -term filling, grading, or borrow operation, subject to subsection (t) below as a temporary use. 10. Sec. 36.2 -429. Temporary uses. to add off -site till sites or borrow sites associated with a specific construction site as temporary construction- related activity and to add a definition and parameters of operation for a Temporary, short -tenn tilling, grading. or borrow operation. 11. Sec. 36? -552. Basic development plans, to reverse the order of items (3) and (4) so the section reads more clearly. 12. Sec. 36.2 -553, Comprehensive development plans, to clarify that an initial review will occur to determine if a plan is complete. Once determined to be complete, the plan review will be completed within 12 business days, resulting in comments regarding missing information, errors, required revisions, etc. or that the plan is sufficient and is approved. 13. Sec. 36.2 -630, General development standards, to add bicycle facilities to the list of right -of- way improvements that may be required by the Agent to the Planning Commission and that the Agent to the Planning Commission may require removal or replacement of existing right - of -way improvements when new development necessitates or no longer requires such improvements. 14. Sec. 36.2 -642, General landscaping and screening standards, to update a reference to the Tree List, to update the reference to the trade association that publishes standards for vegetative plantings, and to clarify that the Zoning Administrator may limit plantings of trees in close proximity to sewer lines and laterals. 15. Sec. 36.2 -643, Preservation of existing landscape features, to update a reference to the Tree List and to allow the Zoning Administrator to establish credits for existing trees to be preserved trees that are not included in the Tree List. 16. Sec. 36.2 -648, Parking area landscaping, to update a reference to the Tree List. 17. Sec. 36.2 -652, Minimum parking and Table 652 -2, Required Parking Spaces, to increase the decimal places in the number of parking spaces required for Dwelling, single- family attached; Dwelling, two - family; Dwelling, multifamily; elderly (intended and designed exclusively to house the elderly); Dwelling, multifamily, other than elderly dwelling; and Townhouse or row house; and to replace the parking standard for mini- warehouses with a standard for Self- storage buildings and Self - storage facilities. 1 S. Sec. 36.2 -661, Applicability, to amend to increase the size of temporary real estate signs from six to 12 square feet in the RA, R -12, R -7, R -5, R -3, RM -1, and RM -2 districts; to increase the size of temporary oft -site real estate signs from five to 12 square feet; and increase the size of temporary construction signs from six to 12 square feet in the RA, R -12, R -7, R -5, R -3, RN/1-1. and RM -2 districts. 19. Sec. 36.2 -662, Definitions, to add definition of a feather sign. 20. Sec. 36.2 -663, Prohibited signs, to expand the prohibition on animated signs to include feather signs. 21. Sec. 36.2 -664, Zoning pen-nits for signs, to expand exemption for signs not requiring a pen-nit to those set forth in Sec 363.2- 673(a). 22. Sec. 36.2 -673, Temporary on- premises signs, to delete Table 673 -1. Temporary Signs: Maximum Square Footage of Sign Area; to permit temporary signs in Multiple Purpose, Industrial and Planned Unit Development districts, subject to limits on size, height, number of signs displayed, and maximum time limits for temporary signs; and to provide additional requirements and limits for inflatable, laser light, or image projection, or search light or beacon signs. 23. Appendix A, Definitions, to modify definition of Composting Facility, and to add definition for Borrow or Fill Site. 24. Appendix B -1, Basic Development Plan, to add requirement that Zoning Administrator may require a basic development plan to be required by a design professional; to allow the Zoning Administrator rather than the Agent to the Planning Commission waive standards for a basic development plan; to require that existing and proposed improvements in the right -of -way and proposed waterlines, sewer laterals, or septic systems be included on a plan; and to clarify applicability of agreements in lieu of an erosion and sediment control plan. Proposed amendments to Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended: 25. Section 31.1 -203, Subdivision application, review, and approval, update to require electronic submissions, excepting final signature sets to be recorded. 26. Section 31.1 -400, Standards for streets, add current Virginia Department of Transportation reference documents and most applicable sections for use by the Subdivision Agent: update Tables 400 -1 and 400 -2 to reflect standards for streets with average daily traffic (ADT) greater than 4,000; and note that bicycle accommodations may be required on collector and arterial streets; include specific reference for Americans with Disabilities Act (ADA) compliance, and 27. Appendix B -4, Requirements for final subdivision site plan, add requirement to show average daily traffic (ADT) for street and to show site distance for entrances when directed by the Subdivision Agent. The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. The proposed amendments are digitally available for review online or may be obtained digitally by emailing Tina M. Carr, Secretary. City Planning Commission Cite Council will hold a public hearing on the aforesaid matters and proposed amendments to Chapter 36?, Zoning, and Chapter 31.1, Subdivisions, on July 20, 2020, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor. Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Cecelia F. McCoy, CMC, City Clerk Please publish in newspaper on Tuesday, June 30, 2020, and Tuesday, July 7, 2020. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 540/85'1- 17-10 Please send affidavit of publication to: Cecelia F. McCoy, CMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-15')6 540!853 -2541 CECELIA F. MCCOY, CHIC Cite Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(a roanokeva.gov July 21, 2020 Maureen McNamara Best, Director Local Environmental Agriculture Project P. O. Box 3249 Roanoke, Virginia 24015 Dear Ms. Best: CECELIA T. WEBB, CHIC Deputy City Clerk I am enclosing copy of Ordinance No. 41818 - 072020 exempting from real estate property taxation certain real property, located in the City of Roanoke owned by Local Environmental Agriculture Project, Incorporated, ( "Applicant ") a Virginia non - stock, non- profit corporation, devoted exclusively to charitable or benevolent purposes on a non- profit basis; providing for an effective date. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 20, 2020, and is in full force and effect upon its passage. Sincerely, n4u Ynee� Cecelia F. McCoy, CMC City Clerk Enclosure PC: Daniel J. Callaghan, City Attorney Robert S. Cowell, Jr., City Manager Sherman A. Holland, Commissioner of the Revenue Evelyn W. Powers, City Treasurer Sherman M. Stovall, Assistant City Manager for Operations W. Brent Robertson, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance TXIN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2020. No. 41818 - 072020. AN ORDINANCE exempting from real estate property taxation certain real property, located in the City of Roanoke owned by Local Environmental Agriculture Project, Incorporated, ( "Applicant ") a Virginia non - stock, non - profit corporation, devoted exclusively to charitable or benevolent purposes on a non - profit basis; providing for an effective date, and dispensing with the second reading of this Ordinance by title. WHEREAS, the Applicant has petitioned Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on July 20, 2020; WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, at 0 Salem Avenue, S.W., Roanoke, Virginia (Tax Map #1211604), 1718 Salem Avenue, S.W., Roanoke, Virginia (Tax Map #1211605), 0 Campbell Avenue, S.W., Roanoke, Virginia (Tax Map #1112820), and 712 Patterson Avenue, S.W., Roanoke, Virginia (Tax Map #1112822), (the "Real Property "), and owned by the Applicant, which shall be used by the Applicant exclusively for charitable or benevolent purposes on a non - profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge, in an amount equal to twenty percent (20 %) of the City of Roanoke's real estate tax levy, which would be applicable to the Real Property, were the Real Property not exempt from such taxation, for so long as the Real Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the Applicant; a non - stock, non - profit corporation, as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation the Real Property, which Real Property is owned by the Applicant and used exclusively for charitable or benevolent purposes on a non- profit basis. Continuance of this exemption shall be contingent on the continued use of the Real Property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20 %) percent of the City of Roanoke's real estate tax levy, which would be applicable to the Real Property, were the Real Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on January 1, 2021, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance and to Maureen McNamara Best, Director of Local Environmental Agriculture Project, Incorporated. 5. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. ACCEPTED, AGREED TO, AND EXECUTED by Local Environmental Agriculture Project, Incorporated, a Virginia non - stock, non - profit corporation, this day of , 2020. Local Environmental Agriculture Project, Incorporated By:_ Name: Title: CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: July 20, 2020 Subject: Tax Exemption Request on Real Property of Local Environmental Agriculture Project (LEAP) Background: Local Environmental Agriculture Project (LEAP), a non - stock, non - profit organization has filed for tax exemption of real property located in the City, at 0 Salem Ave (Tax Map #1211604), 1 718 Salem Ave SW (Tax Map #1211605), 0 Campbell Ave SW (Tax Map #1112820), and 712 Patterson Ave SW (Tax Map #1112822). The Organization desires the property to be designated as exempt from real estate property taxes pursuant to the provisions of the Code of Virginia. LEAP is a non - profit organization whose mission is to nurture healthy communities and resilient local food systems. Roanoke Community Garden Association (RCGA) recently gifted these four parcels to LEAP. LEAP will continue to use the properties in the same way that RCGA used them previously, as spaces for community gardens. The community gardens serve the community by providing residents with no cost or low -cost access to garden space to grow fresh produce for their household consumption and to build community connections. It should be pointed out that these parcels were exempt from real estate taxes when they were owned by the RCGA. It should also be noted that LEAP was granted an exemption on its personal property taxes in May 2016. At present, annual real estate taxes due on the parcels are $428.22 on a total assessed value of $35,100. The Organization is current on its real estate property taxes. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non - profit organizations for tax exemption of certain property in the City by Resolution 36331 - 051903, with an effective date of January 1, 2003. Based on this policy and procedure, LEAP has provided the necessary information required for applications for exemptions that would take effect January 1, 2021. As noted above, the assessed value of the real property is currently $35,100 with annual taxes due of $428.22. In lieu of the $428.22 in real estate taxes, the Organization would agree to pay to the City an annual service charge equal to twenty percent of the tax levy on the parcel for as long as the exemption continues. In this case, based on the current assessed value, the service charge amount would be $85.64. Consequently, the City would be foregoing $342.58 annually in real estate revenue. Commissioner of the Revenue, Sherman Holland, has determined that the Organization is not exempt from paying taxes by classification or designation under the Code of Virginia. The IRS recognizes the Organization as a 501(c)(3) tax - exempt organization. Notification of a public hearing to be held .July 20, 2020, was duly advertised in the Roanoke Times. Recommended Action: After consideration of comments received at the public hearing, and determining that granting the exemption requested is appropriate, adopt an ordinance to authorize LEAP exemption from real property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia, effective January 1, 2021. (� ----------------- Robert S. Cowell, jr. City Manager Distribution: Council Appointed Officers Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Sherman M. Stovall, Assistant City Manager for Operations W. Brent Robertson, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Maureen McNamara Best, Director of Local Environmental Agriculture Project, P.O. Box 3249, Roanoke, VA 24015 2 The Roanoke Times Roanoke, Virginia Affidavit of Publication CECELIA F MCCOY, CITY CLERK C /O: CELELIA F MCCOY 215 CHURCH AVENUE, S SUITE 456 ROANOKE, VA 24011 Account Number 6007788 F— Date July 13, 2020 Date Category Description Ad Size Total Cost 07/22/2020 Legal Notices NOTICE OF PUBLIC HEARING Notice is hereby given that the 1 x 57 L 329.92 NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Monday, July 20, 2020, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.. Roanoke, Virginia on the question of adoption of an ordinance pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended, approving the request of the Local Environmental Agriculture Project, Incorporated (LEAP), for designation of its real property, identified as O Salem Avenue, S.W., Roanoke, Virginia (Tax Map #1211604). 1718 Salem Avenue, S.W., Roanoke. Virginia (Tax Map #1211605), 0 Campbell Avenue. S.W.. Roanoke, Virginia (Tax Map #1112820), and 712 Patterson Avenue, S -W., Roanoke. Virginia (Tax Map #1112822), as exempt from taxation. The total assessed value of the applicant's real estate for which tax exemption is being sought, is $35,100.00 for the 2020 tax year, with a tax of $428.22. The loss of revenue will be $342.58 annually after a 200% service charge is levied in lieu of real estate taxes. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's office, (540) 853 -2541, by 12:00 noon on Thursday, July 16, 2020. GIVEN under my hand this 13th day of July, 2020. Cecelia F. McCoy, City Clerk (1111339) Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 07/13/2020 The First insertion being given ... 07/13/2020 Newspaper reference: 0001111339 Aim / � 14r, L�(�L Billing Representative Sworn to and subscribed before me this Monday, July 13, 2020 NotaryWhMp Carsten NOTARY PUBLIC State of Virginia Commonwealth of Virginia County of Hanover Notary Registration Number 329549 My Commission expire °mmission Exn res July 31 2021 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU � NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing F at its regular meeting to be held on Monday, July 20, 2020, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia on the question of adoption of an ordinance pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended, approving the request of the Local Environmental Agriculture Project, Incorporated (LEAP), for designation of its real property, identified as 0 Salem Avenue, S.W., Roanoke, Virginia (Tax Map #1211604),1718 Salem Avenue, S.W., Roanoke, Virginia (Tax Map #1211605), 0 Campbell Avenue, S.W., Roanoke, Virginia (Tax Map #1112820), and 712 Patterson Avenue, S.W., Roanoke, Virginia (Tax Map #1112822), as exempt from taxation. The total assessed value of the applicants real estate for which tax exemption is being sought, is $35,100.00 for the 2020 tax year, with a tax of $428.22. The loss of revenue will be $342.58 annually after a 20% service charge is levied in lieu of real estate taxes. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, (540)853 -2541, by 12:00 noon on Thursday, July 16, 2020. GIVEN under my hand this day of July, 2020. Cecelia F. McCoy, City Clerk Note to Publisher: Publish in the Legal Section of the Roanoke Times once on Monday, July 13, 2020. Please send bill and affidavit of publication to: Cecelia F. McCoy, City Clerk 4" Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 {1 , ClRCUiTyCOURT Rece ved & Filed IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA /�JUL 2 3 The 20th day of July, 2020. gy- ( r fla_z No. 41819 -072020. tY % CITY OF ROANOKE A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED TWENTY -NINE MILLION THREE HUNDRED TWENTY THOUSAND DOLLARS (529,320,000) AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, IMPROVEMENT, EXTENSION, ENLARGEMENT AND EQUIPPING OF VARIOUS PUBLIC IMPROVEMENT PROJECTS OF AND FOR THE CITY (INCLUDING RELATED DESIGN AND ARCHITECTURAL AND ENGINEERING SERVICES); FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS; AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS WHEREAS, in the judgment of the Council (the "Council ") of the City of Roanoke, Virginia (the "City "), it is desirable (i) to authorize the City to contract a debt and to authorize the issuance of not to exceed $29,320,000 aggregate principal amount of general obligations of the City, in the form of General Obligation Public Improvement Bonds of the City (the "Bonds "), for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City (including related design and architectural and engineering services), (ii) to authorize the issuance of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes (the "Notes ") in anticipation of the issuance of such Bonds and (iii) to authorize the sale of such Bonds and such Notes; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended, the same being the Public Finance Act of 1991 (the "Public Finance Act of 1991 "), for the purpose of providing net proceeds of sale (after taking into account costs of issuance, underwriting compensation and original issue discount) to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of 3474388.1 044089 RSIND various public improvement projects of and for the City (including related design and architectural and engineering services) as set forth in Section 7, the City is authorized to contract a debt and to issue in one or more series from time to time not to exceed Twenty -Nine Million Three Hundred Twenty Thousand Dollars ($29,320,000) aggregate principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds." (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance or the City Manager. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance or the City Manager. The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R -1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager or the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section 1(a) hereof); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, as shall be determined by the City Manager or the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000) may be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager or the Director of Finance in accordance with the provisions of Section 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equaling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at the address of such registered owner as it appears on the books of registry kept by the Registrar and Paying Agent as of the close of business on the forty -fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to 2 3474388.1 044089 RSIND be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) Any notice of the optional redemption of the Bonds may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption thereof an amount of money sufficient to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked. (iii) So long as the Bonds are in book -entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ( "DTC "), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Council is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance or the City Manager are each hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar and Paying Agent "). (c) The Director of Finance or the City Manager shall direct the Registrar and Paying Agent to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signatory of the Registrar and Paying Agent. Upon the authentication of any Bonds the Registrar and Paying Agent shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance 3 3474388.1 044089 RSIND and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section 3(c) with regard to the authentication of such Bonds and of Section 9 hereof with regard to the form of such Bonds shall be modified as the Director of Finance or the City Manager shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts. The principal of the Bonds shall be payable upon presentation and surrender thereof at the office of the Registrar and Paying Agent. Interest on the Bonds shall be payable by check mailed by the Registrar and Paying Agent to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4; provided, however, that so long as the Bonds are in book -entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar and Paying Agent for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar and Paying Agent, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar and Paying Agent for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the registered owner of such Bond in person or by the duly authorized attorney for such registered owner, upon surrender of such Bond to the Registrar and M 3474388.1 044089 RSIND Paying Agent for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by the duly authorized attorney for such registered owner, in form satisfactory to the Registrar and Paying Agent. (f) All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar and Paying Agent for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. (g) (i) The Bonds shall be issued in full book -entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book -entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal and interest payments on the Bonds will be made by the Registrar and Paying Agent to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder or purchaser to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau 5 3474388.1 044089 RSIND charge for the assignment of such numbers shall be the responsibility of the successful bidder for or purchaser of the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. To the extent it shall be contemplated at the time of their issuance that the interest on any Bonds issued hereunder shall be excludable from gross income for purposes of federal income taxation, the City covenants and agrees that it shall comply with the provisions of Sections 103 and 141 -150 of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated under such Sections 103 and 141 -150 so long as any such Bonds are outstanding. SECTION 7. The net proceeds of the sale of the Bonds and Notes authorized for issuance hereunder in the aggregate principal amount of not to exceed $29,320,000 in Section I(a) (after taking into account costs of issuance, underwriting compensation and original issue discount) shall be applied to the payment of the cost of the following public improvement projects of and for the City in the following respective approximate amounts: Purpose School Facility Maintenance and Improvements Bridge Renovation Parks and Recreation Master Plan Berglund Center Improvements Stormwater Management Curb, Gutter and Sidewalk Program Streetscapes Improvements Fleet Capital Replacements Technology Capital Public Works Service Center Capital Building Maintenance Campbell Court Transit Facility Total Amount $5,000,000 2,500,000 100,000 1,500,000 2,000,000 1,500,000 500,000 600,000 500,000 1,500,000 1,000,000 4,000,000 7,478,000 $28,178,000 If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any of the other projects so set forth, without further action by the Council, and net proceeds constituting original issue premium, if any, shall be allocated to the projects above in such amounts as shall be determined by the City Manager or the Director of Finance. 0 3474388.1 044089 RSIND SECTION 8. (a) The Bonds shall be sold at negotiated or competitive sale on such date or dates and at such price or prices as shall be determined by the City Manager or the Director of Finance. The Bonds may be issued as taxable or tax - exempt Bonds as shall be determined by the City Manager or the Director of Finance. (b) If the Bonds are sold at competitive sale, the Director of Finance or the City Manager are each hereby authorized to prepare and distribute, or to cause to be prepared and distributed, via electronic dissemination or otherwise, a Preliminary Official Statement and an Official Notice of Sale relating to the Bonds. In preparing the Official Notice of Sale relating to the Bonds, the Director of Finance or the City Manager are each hereby authorized to provide that bids for the purchase of the Bonds may be received by electronic bidding. (c) If the Bonds are sold at competitive sale, the City Manager or the Director of Finance, without further action by the Council, (i) are each hereby authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of each series and the principal amount of the Bonds of each series maturing in each year and (ii) are each hereby further authorized to receive bids for the purchase of the Bonds of each series and to accept the bid offering to purchase the Bonds of each series at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost to the City with respect to the Bonds of any series exceed five percent (5.00 %). The City Manager or the Director of Finance are each further authorized to fix the rates of interest to be borne by the Bonds of each maturity of each series as specified in the bid accepted by them in accordance with the immediately preceding sentence. The City Manager or the Director of Finance are each hereby authorized to determine the provisions relating to the redemption of the Bonds of any series upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00 %), except that any taxable Bonds issued may be subject to redemption at a redemption price that includes a make -whole premium, as may be determined by the City Manager or the Director of Finance at the time of sale of any such taxable Bonds. (d) If the Bonds are sold at negotiated sale, the City Manager or the Director of Finance, without further action of the Council, (i) are each hereby authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of each series and the principal amount of the Bonds of each series maturing in each year and (ii) are each hereby authorized to select the underwriters of the Bonds (the "Underwriters ") and to sell the Bonds in one or more series in accordance herewith to the Underwriters. If the Bonds are sold at negotiated sale, the Bonds shall bear interest at such rates per annum as shall be approved by the City Manager or the Director of Finance; provided, however, in no event shall the true interest cost for the Bonds of any series exceed five percent (5.00 %). The City Manager or the Director of Finance are each further authorized to fix the rates of interest to be borne by the Bonds of each maturity of each series as negotiated with the Underwriters in accordance with the immediately preceding sentence. The City Manager or the Director of Finance are each hereby authorized to determine the provisions relating to the redemption of the Bonds of any 7 3474388.1 044089 RS1ND series upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00 %), except that any taxable Bonds issued may be subject to redemption at a redemption price that includes a make -whole premium, as may be determined by the City Manager or the Director of Finance at the time of sale of any such taxable Bonds. The City Manager or the Director of Finance are each authorized to execute and deliver to the Underwriters one or more Bond Purchase Contracts relating to the sale of the Bonds by the City to the Underwriters. (e) The Mayor is hereby authorized and directed to execute and deliver to the purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisor and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2 -12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended ( "Rule 15c2 -12 "). The City Manager or the Director of Finance are each hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially the form to be included in the Official Statement under the caption "Certificate Concerning Official Statement ". (f) The City Manager or the Director of Finance are each hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2 -12 in such form as shall be approved by the City Manager or the Director of Finance upon advice of counsel (including the City Attorney and Bond Counsel), such approval to be conclusively evidenced by their execution thereof. (g) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 9. The Bonds, the certificate of authentication of the Registrar and Paying Agent, and the assignment endorsed on the Bonds, shall be in substantially the forms set forth in Exhibit A attached hereto. SECTION 10. The Notes, designated as "City of Roanoke, Virginia General Obligation Public Improvement Bond Anticipation Notes," are authorized for issuance and sale by the City Manager and the Director of Finance in anticipation of the issuance of the Bonds authorized for issuance herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on such other terms and conditions as shall be determined by the City Manager or the Director of Finance. The City Manager or the Director of Finance (i) are each 3474388.1 044089 RSIND hereby authorized to determine the dated date of the Notes of each series, the dates the Notes of each series shall mature, the dates on which interest on the Notes shall be payable, the aggregate principal amount of the Notes of each series and the principal amount of the Notes of each series maturing in each year, and (ii) are each hereby further authorized to receive bids for the purchase of the Notes of each series if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at negotiated sale and, without further action of the Council, to accept the bid or proposal offering to purchase the Notes of each series; provided however, Notes sold at competitive sale shall be sold at the lowest true interest cost to the City; and provided, further, in no event shall the true interest cost to the City with respect to the Notes of any series exceed five percent (5.00 %). The City Manager or the Director of Finance are each further authorized to fix the rates of interest to be borne by the Notes of each maturity of each series as specified in the bid or proposal accepted by them in accordance with the immediately preceding sentence. The City Manager or the Director of Finance are each hereby authorized to determine the provisions relating to the redemption of the Notes upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00 %), except that any taxable Notes issued hereunder may be subject to redemption at a redemption price that includes a make -whole premium, as ay be determined by the City Manager or the Director of Finance at the time of sale of the Notes. If such Notes are offered for competitive sale, an Official Notice of Sale of such Notes shall be prepared, published and distributed in accordance with the requirements of Section 8. If such Notes are publicly offered, there may also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of Finance or the City Manager. The issuance and details of such Notes shall be governed by the provisions of Section 15.2 -2628 of Title 15.2, Chapter 26, Article 2 of the Code of Virginia, 1950, as amended. The provisions of Sections 2, 4, 5 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds. Bonds in anticipation of which such Notes are issued pursuant to this Section 10 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. SECTION 11. (a) In addition to the authorization for a competitive or negotiated sale of the Bonds and the Notes as set forth in Sections 8 and 10 hereof, the Council hereby authorizes the issuance and sale of the Bonds and the Notes to one or more lenders to evidence one or more loans made to the City by one or more lenders in accordance with any proposal made by such lender(s) to the City pursuant to any Request for Proposal issued by the City for any such loan (hereinafter any such Request for Proposal of the City and any proposal from any lender(s) submitted in response thereto shall be collectively referred to as a "Financing Proposal "). There is hereby delegated to the City Manager or the Director of Finance, without further action by the Council, the authority to issue and deliver the Bonds and the Notes pursuant to this Section 11 at such price(s) and rate(s), and on such other terms and conditions, as shall be provided in any Financing Proposal, which Financing Proposal shall be in such form and containing such terms and conditions as the City Manager or the Director of Finance deems acceptable, acting with the advice of the City's financial advisor and legal counsel (including the City Attorney and the City's Bond Counsel), subject to the provisions and parameters set C 3474388.1 044089 RS[ND forth herein. Any such loan authorized hereby to be evidenced by any Bonds or Notes of the City authorized and issued pursuant to this Resolution may be in the form of a non - revolving drawdown loan in an aggregate principal amount not to exceed $29,320,000. (b) Notwithstanding anything in this Resolution to the contrary, Bonds or Notes issued and sold pursuant to a Financing Proposal as provided in this Section 11 may bear interest at such fixed rates or variable rates of interest (which variable rates of interest shall be determined in accordance with any variable rate formula as shall be set forth in any Financing Proposal) as shall be determined by the City Manager or the Director of Finance, acting with the advice of the City's financial advisor; provided, however, that the true interest cost of any fixed rate(s), or the initial variable rate(s) of interest, shall not exceed 5.000 %; and provided further that the fixed rate(s) or variable rate(s) determined for such Bonds or Notes may be further subject to adjustment upon the occurrence of certain events or conditions as may be set forth in any Financing Proposal, including, without limitation, adjustments to the stated interest rate or interest rate formula upon the occurrence of any event of taxability with respect to the Bonds or Notes, any default in payment with respect to the Bonds, and any change in the marginal corporate tax rate of corporations under federal law. Notwithstanding anything in this Resolution to the contrary, any Bonds or Notes issued and sold pursuant to a Financing Proposal as provided in this Section 11 may be pre - payable at a prepayment price or redemption price that includes any make -whole amount, yield maintenance fee, penalty fee or break - funding amount calculated in accordance with any formula acceptable to the City Manager or the Director of Finance, acting with the advice of the City's financial advisor and legal counsel (including the City Attorney and Bond Counsel) as may be set forth in any Financing Proposal or in the Bonds, and in such case, such prepayment price or redemption price may exceed the 2% redemption premium limitation set forth in Sections 8 and 10 above. (c) Any one of the City Manager or the Director of Finance is hereby authorized to execute and deliver any Financing Agreement, purchase agreement or any other document, agreement or instrument necessary to provide for the issuance and delivery of the Bonds or the Notes (hereinafter collectively referred to as the "Financing Documents "), which Financing Documents shall be in such form and substance as shall be acceptable to the City Manager or the Director of Finance, as evidenced by his or her signature thereon, acting with the advice of legal counsel (including the City Attorney and Bond Counsel). Any one of the City Manager or the Director of Finance is hereby further authorized to determine, or to modify the form of and terms of the Bonds or the Notes with respect to the dated date of the Bonds or the Notes, the authorized denominations of the Bonds or the Notes, the assignment of CUSIP Numbers, if any, to the Bonds or the Notes, and the principal and interest payment dates of the Bonds or the Notes. Notwithstanding anything in this Resolution to the contrary, any of the Bonds or Bond Anticipation Notes may be issued directly to the purchaser thereof, as registered owner or holder thereof. SECTION 12. The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds or Notes are to be issued in advance of the issuance and receipt of the proceeds of the Bonds or Notes and to reimburse such expenditures from the proceeds of the Bonds or Notes. The adoption of this Resolution shall be considered an "official intent" 10 3474388.1 044089 RSIND within the meaning of Treasury Regulation Section 1.150 -2 promulgated under the Internal Revenue Code of 1986, as amended. SECTION 13. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2 -2607 of the Code of Virginia, 1950 as amended. SECTION 14. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. ATTEST: ezufca, .� �IcCa�. U City Clerk. 11 3474388.1 044089 RSIND EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES REGISTERED No. R- MATURITY INTEREST DATE: RATE: DATE OF BOND: REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: REGISTERED S CUSIP NO.: DOLLARS THE CITY OF ROANOKE, in the Commonwealth of Virginia (the "City "), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date "), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Registrar and Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book -entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ( "DTC "), or in the name 12 3474388.1 044089 RSIND of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of this Bond is payable upon presentation and surrender hereof, at the office of , as the Registrar and Paying Agent, in the City of , . Principal of and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of an issue of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, which is issued for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City (including related design and architectural and engineering services), under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the issue of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after 1, 20_ are subject to redemption at the option of the City prior to their stated maturities, on or after 1, 20_, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereof. The Bonds of the issue of which this Bond is one maturing on _, are subject to mandatory sinking fund redemption on and on _ of each year thereafter and to payment at maturity on —3 in the principal amounts in each year set forth below, in the case of redemption with the particular Bond or Bonds maturing on , or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds maturing on to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof: 13 3474388.1 044089 RSIND Year Principal Amount The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on _, which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equaling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at the address of such Registered Owner as it appears on the books of registry kept by the Registrar and Paying Agent as of the close of business on the forty -fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Any notice of the optional redemption of this Bond may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption hereof an amount of money sufficient to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of this Bond, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of this Bond does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, the corresponding notice of redemption shall be deemed to be revoked. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar and Paying Agent for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by the attorney for such Registered Owner duly authorized in writing, on the books of registry kept by the Registrar and 14 3474388.1 044089 MIND Paying Agent for such purpose at the office of the Registrar and Paying Agent but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar and Paying Agent. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia. 15 3474388.1 044089 RSIND IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to be dated the date first above written. CITY OF ROANOKE, VIRGINIA [SEAL] Mayor Attest: City Clerk CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within - mentioned proceedings. C as Registrar and Paying Agent Authorized Signatory Date of Authentication: 16 3474388.1 044089 RSIND ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. 17 (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. 3474388.1 044089 RSIND IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of July, 2020. No. 41820 - 072020. AN ORDINANCE to appropriate funding to be provided by the issuance of General Obligation Bonds to the Stormwater Improvements, Civic Center, City -wide Curb /Gutter /Sidewalk, Street Improvements, Parks and Recreation Master Plan, Fleet Capital Replacements, Digital Radio Conversion, Bridge Renovations, Campbell Court, Transit Facility, Patrick Henry High School Stadium, Fishburn Park, Preston Park and Grandin Court Playgrounds, as well as various school maintenance upgrade projects, amending and reordaining certain sections of the 2020 -2021 Stormwater Utility, Civic Center, Capital Projects, and School Capital Projects Funds, 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 2020 -2021 Stormwater Utility, Civic Center, Capital Projects, and School Capital Projects Funds Appropriations be, and the same are hereby, added, amended, and reordained to read and provide as follows: Stormwater Utility Fund Appropriations Appropriated from 2021 Bond Funds 03- 530 - 3014 -9600 $ 2,000,000 2021 Debt Issuance 03- 530 - 3018 -9650 ( 2,000,000 ) Civic Facilities Fund Appropriations Appropriated from 2021 Bond Funds 05- 550 - 8658 -9600 $ 150,000 Appropriated from 2021 Bond Funds 05- 550 - 8671 -9600 350,000 Appropriated from 2021 Bond Funds 05- 550 - 8636 -9600 22,500 Appropriated from 2021 Bond Funds 05- 550 - 8648 -9600 300,000 Appropriated from 2021 Bond Funds 05- 550 - 8668 -9600 300,000 Appropriated from 2021 Bond Funds 05- 550 -8669 -9600 50,000 Appropriated from 2021 Bond Funds 05- 550 - 8651 -9600 207,500 Appropriated from 2021 Bond Funds 05- 550 - 8652 -9600 100,000 Appropriated from 2021 Bond Funds 05- 550 - 8670 -9600 20,000 2021 Debt Issuance 31- 065 - 6086 -9600 05- 550 - 8653 -9650 ( 1,500,000 ) Capital Projects Fund 31- 065 - 6005 -9600 250,000 Appropriated from 2021 Appropriations 31- 065 - 6006 -9600 225,000 Appropriated from 2021 Appropriated from 2021 Bond Funds 08- 530 - 9593 -9600 $ 2,500,000 Appropriated from 2021 Bond Funds 08- 620 - 9770 -9600 100,000 Appropriated from 2021 Bond Funds 08- 530 - 9799 -9600 300,000 Appropriated from 2021 Bond Funds 08- 530 - 9298 -9600 1,200,000 Appropriated from 2021 Bond Funds 08- 530 - 9278 -9600 500,000 Appropriated from 2021 Bond Funds 08- 440 - 9498 -9600 600,000 Appropriated from 2021 Bond Funds 08- 430 - 9496 -9600 500,000 Appropriated from 2021 Bond Funds 08- 440 - 9239 -9600 1,500,000 Appropriated from 2021 Bond Funds 08- 440 - 9240 -9600 1,000,000 Appropriated from 2021 Bond Funds 08- 310 - 9350 -9600 4,000,000 Appropriated from 2021 Bond Funds 08- 530 - 9257 -9600 7,478,000 2021 Debt Issuance 08- 530 - 9473 -9650 (19,178,000 ) 2021 Debt Issuance 08- 430 - 9639 -9650 ( 500,000) School Capital Projects Fund Appropriations Appropriated from 2021 Bond Funds 31- 065 - 6024 -9600 $ 3,000,000 Appropriated from 2021 Bond Funds 31- 065 - 6086 -9600 1,195,000 Appropriated from 2021 Bond Funds 31- 065 - 6005 -9600 250,000 Appropriated from 2021 Bond Funds 31- 065 - 6006 -9600 225,000 Appropriated from 2021 Bond Funds 31- 065 - 6023 -9600 330,000 2021 Debt Issuance 31- 060 - 9474 -9650 (5,000,000) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. -= CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: .July 20, 2020 Subject: Authorization of FY 2021 Bonds and FY 2021 Bond Anticipation Note (BAN) and Appropriation of Funds for Capital Projects Background: On dune 15, 2020, City Council approved the Capital Improvement Program (CIP) Update for FY 2021 -2025. The CIP included planned debt issuance in FY 2021 in the amount of $28,178,000 for the following projects: ■ School Facility Maintenance and Improvements - $5,000,000 Funding provides for Fallon Park reconstruction and various other school improvements. • Bridge Renovation - $2,500,000 Funding provides for Bridge Renovation. ■ Parks and Recreation Master Plan - $100,000 Funding provides for parks and recreation master plan. • Civic (Berglund) Center Improvements - $1,500,000 Funding provides for capital maintenance improvements at the Berglund Center. • Stormwater Management - $2,000,000 Funding provides for addressing prioritized neighborhood stormwater projects throughout the city. ■ Curb, Gutter, and Sidewalk Program - $1,500,000 Funding provides for curb, gutter and sidewalk projects. ■ Streetscapes Improvements - $500,000 Funding provides for various streetscape projects. • Fleet Capital Replacements - $600,000 Funding provides for vehicular purchases. • Technology Capital - $500,000 Funding provides for various Technology projects. • Public Works Service Center - $1,500,000 Funding provides for facility modifications and security upgrades. • Capital Building Maintenance - $1,000,000 Funding provides for improvements to HVAC systems, lighting, plumbing and other needs. • Campbell Court - $4,000,000 Funding provides for Campbell Court Redevelopment. • Transit Facility - $7,478,000 Funding provides for construction of Transit Facility. Considerations: City Council authorization is required for the issuance of bonds /BAN to provide funding for the projects listed below: School Facility and Maintenance Improvements Bridge Renovation Parks and Recreation Master Plan Berglund Center Improvements Stormwater Management Curb, Gutter, and Sidewalk Program Streetscapes Improvements Fleet Capital Replacements Technology Capital Public Works Service Center Capital Building Maintenance Campbell Court Transit Facility Total $ 5,000,000 2,500,000 100,000 1,500,000 2,000,000 1,500,000 500,000 600,000 500,000 1,500,000 1,000,000 4,000,000 7,478,000 $ 28,1 78,000 In order to provide sufficient flexibility to structure the bonds with original issue premium and /or original issue discount, and to ensure sufficient bond proceeds to finance the projects identified herein, authorization of issuance of up to $29,320,000 million was recommended by the City's financial advisor, Davenport and Company, LLC. Recommended Action: Hold a public hearing on the issuance of general obligation public improvement bonds or a bond anticipation note. Following the public hearing, and after consideration of comments received at the public hearing, adopt the accompanying resolution authorizing the issuance of bonds /BAN up to $29,320,000 for the projects in the aggregate amount of $28,178,000 identified in this report. This resolution shall include language declaring the City's intent to reimburse itself from the proceeds of these bonds. Adopt the accompanying budget ordinance to appropriate, in advance of issuance, 2021 Bond /BAN funding in the amount of $28,178,000 to project accounts to be established by the Director of Finance in the Capital Projects, Civic Center, and Stormwater Funds. j;; r Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, Roanoke City Public Schools Kristine Flynn, Bond Counsel, Hawkins Delafield & Wood LLP David Rose, Sr. Vice President, Davenport & Company, LLC Amelia C. Merchant, Director of Finance Robyn Schon, General Manager, The Berglund Center Marcus Aguilar, Acting Manager, Stormwater Utility CITY OF ROANOKE Attn AMELIA MERCHANT CITY CLERK 215 CHURCH AVE. SW ROOM 456 ROANOKE, VA 24011 Date Category 07/22/2020 Legal Notices The Roanoke Times Roanoke, Virginia Affidavit of Publication Description Ad Size NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN.. 1 x 105 L Publisher of the Roanoke Times Account Number 6014485 Date July 13, 2020 Total Cost 1,027.60 I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 07/06, 07/13/2020 The First insertion being given ... 07/06/2020 Newspaper reference: 0001108988 Billing Representative Sworn to and subscribed before me this Monday, July 13, 2020 Notary Public State of Virginia Sharon R Carsten NOTARY PUBLIC County of Hanover Commonwealth of Virginia My Commission ekon$ Registration Number 329549 ;ommission Expires July 31 2021 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 15.2.2606.A of the Code of Virginia, 1950, as amended, that the Council of the City of Roanoke, Virginia (the "City "), will hold a public hearing on Monday, July 20, 2020, at 7:00 P.M., local time, or as soon thereafter as the matter may be heard, in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of a Resolution authorizing the City to contract a debt and issue General Obligation Public Improvement Bonds (the "Bonds ") of the City in the Principal amount of not to exceed $29,320,000 for the purpose of Providing net proceeds of sale (after taking into account costs of issuance, underwriting compensation and original issue discount) to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement, equipping, rehabilitation and repair of various Public improvement projects of and for the City (including related design and architectural and engineering services) for the purposes and in the approximate amounts set forth below (collectively, the "Projects "); provided that if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth; and Provided further that, net proceeds constituting original issue premium, if any, will be allocated to the projects below in such amount as shall be determined by the City. School Facility Maintenance and Improvements $5,000,000 Bridge Renovation 2,500,000 Parks and Recreation Master Plan 100,000 Berglund Center Improvements 1.500,000 Stormwater Management 21000,000 Curb, Gutter and Sidewalk Program 11500,000 Streetscapes Improvements 500,000 Fleet Capital Replacements 600,000 Technology Capital 500,000 Public Works Service Center 1,500,000 Capital Building Maintenance 1,000,000 Campbell Court 4,000,000 Transit Facility 7,478000 Total $28,178,000 The Resolution will authorize the City to issue its general obligation public improvement bond anticipation notes of the City in an amount not to exceed $29,320,000 in order to provide short- term financing for the Projects in anticipation of the issuance of the Bonds and to reduce the annual debt service requirements of the City. interested individuals are invited to attend such hearing and to appear and Present their view on the proposed Resolution and the proposed Bonds and bond anticipation notes, both orally and in writing. Should written comments be presented, three copies should be made available to the undersigned at or before the public hearing. It you are a person with a disability who needs accommodations for this public hearing, please contact the City Clerk's Office at (540) 853 -2541, by Thursday, July 16, 2020. The full text of the proposed resolution is on file in the office of the City Clerk, Noel C. Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Dated: July 6, 2020 All members of the public and (1108988) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 15.2- 2606.A of the Code of Virginia, 1950, as amended, that the Council of the City of Roanoke, Virginia (the "City "), will hold a public hearing on Monday, July 20, 2020, at 7:00 P.M., local time, or as soon thereafter as the matter may be heard, in the Council Chamber, Fourth Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of a Resolution authorizing the City to contract a debt and issue General Obligation Public Improvement Bonds (the "Bonds ") of the City in the principal amount of not to exceed $29,320,000 for the purpose of providing net proceeds of sale (after taking into account costs of issuance, underwriting compensation and original issue discount) to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement, equipping, rehabilitation and repair of various public improvement projects of and for the City (including related design and architectural and engineering services) for the purposes and in the approximate amounts set forth below (collectively, the "Projects "); provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth; and provided further that, net proceeds constituting original issue premium, if any, will be allocated to the projects below in such amount as shall be determined by the City. School Facility Maintenance and Improvements $5,000,000 Bridge Renovation 2,500,000 Parks and Recreation Master Plan 100,000 Berglund Center Improvements 1,500,000 Stormwater Management 2,000,000 Curb, Gutter and Sidewalk Program 1,500,000 Streetscapes Improvements 500,000 Fleet Capital Replacements 600,000 Technology Capital 500,000 Public Works Service Center 1,500,000 Capital Building Maintenance 1,000,000 Campbell Court 4,000,000 Transit Facility 7,478,000 Total $28,178,000 The Resolution will authorize the City to issue its general obligation public improvement bond anticipation notes of the City in an amount not to exceed $29,320,000 in order to provide short- term financing for the Projects in anticipation of the issuance of the Bonds and to reduce the annual debt service requirements of the City. All members of the public and interested individuals are invited to attend such hearing and to appear and present their view on the proposed Resolution and the proposed Bonds and bond anticipation notes, both orally and in writing. Should written comments be presented, three copies should be made available to the undersigned at or before the public hearing. If you are a person with a disability who needs accommodations for this public hearing, please contact the City Clerk's Office at (540) 853 -2541, by Thursday, July 16, 2020. The full text of the proposed resolution is on file in the office of the City Clerk, Noel C. Taylor Municipal Building, Room 456, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Dated: July 6, 2020 CECELIA F. MCCOY, CMC City Clerk City of Roanoke, Virginia [TO BE PUBLISHED ON MONDAY, JULY 6, 2020, AND ON MONDAY, JULY 13, 2020] 3474243.1 044089 FRMS CECELIA F. NICCOY, CHIC CUN Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone. (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerks roanokeva.gov July 21, 2020 Robert Scrimshaw 6215 Prospect Terrace Alexandria, Virginia 22310 Dear Mr. Scrimshaw: CECELIA T. Ni EBB, CHIC Depute Cite Clerk The Petition for Appeal with regard to the installation of OG gutters at 638 Marshall Avenue, S. W., was before the Council of the City of Roanoke at a regular meeting on Monday, July 20, 2020. On motion, duly seconded and adopted, Council voted to reverse the decision of the Architectural Review Board. Sincerely, o MCI, Cecelia F. McCoy, CMC City Clerk Enclosure PC: Robert Eanes, Calico Enterprises, LLC, 3249 Hastings Road, S Virginia 24018 Robert S. Cowell, Jr., City Manager Brent Robertson, Assistant City Manager Chris Chittum, Director of Planning Building and Development Ian Shaw, Planning Administrator Jillian Papa Moore, Zoning Administrator Wayne Leftwich, Senior Planner Parviz Moosavi, Historic Preservation Planner Daniel J. Callaghan, City Attorney Timothy Spencer, Assistant City Attorney Tina Carr, Acting Secretary, Architectural Review Board W., Roanoke, CECELIAA F. MCCOV, CMC Citt 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 E -mail: clerkC roanoke%a.gov March 6, 2020 The Honorable Mayor Sherman P. Lea, Sr. and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: CECELIA T. WEBB, CHIC Acting Depute Cite Clerk I am enclosing copy of a Petition for Appeal filed by Robert Eanes and Robert Scrimshaw, on behalf of Calico Enterprises LLC, regarding a decision of the Architectural Review Board at its meeting on February 13, 2020, denying request to install OG gutters at 638 Marshall Avenue, S. W., which is not consistent with the H -2 Guidelines. The petition was received in the City Clerk's Office on Friday, March 6, 2020. Section 36.2- 530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 calendar days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition, unless the property owner and the Agent to Architectural Review Board agree to an extension. The Council may affirm, reverse or modify the decision of the Architectural Review Board, in whole or in part, or refer the matter back to the Board. With the concurrence of City Council, a public meeting may be scheduled for Monday, April 20, 2020, at 7:00 p.m., or as soon thereafter as the matter may be heard, to render a decision with regard to the Petition for Appeal filed by Messrs. Eanes and Scrimshaw. Sincerely, 0� Cecelia F. McCoy, CMC City Clerk Enclosure The Honorable Mayor Sherman P. Lea, Sr. and Members of Roanoke City Council March 6, 2020 Page 2 PC: Robert Eanes, Calico Enterprises LLC, 3249 Hastings Road, S. W., Roanoke, Virginia 24018 Robert Scrimshaw, Owner, 6215 Prospect Terrace, Alexandria, Virginia 22310 Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Parviz Moosavi, Agent, Architectural Review Board Tina Carr, Acting Secretary, Architectural Review Board VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Rev!ev,/ Board under Section 36.2- 530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s): Robert Eanes / Robert Scrimshaw 2. Doing business as (if applicable): Calico Enterprises LLC / Homeowner 3. Street address of property which is the subject of this appeal: 638 Marshall Avenue, SW, Roanoke, VA 4. Overlay zoning (H -1, Historic Downtown Overlay District, or H -2, Historic Neighborhood Overlay District) of property(ies) which is the subject of this. appeal: H-1- 5. Date the hearing before the Architectural Review Board was held a' which the decision being appealed was made: February 13, 2020 6. Section of the Code of the City of Roanoke under which the Cer ±i;l ar; of Appropriateness was requested from the Architectural Revie\�,, Board (Section 36.2 -330, if H -1 or Section 36.2 -331, if H -2): 3612 -,4 7. Description of the request for which the Certificate of Appropriate was sought from the Architectural Review Board: Request permission to put OG gutters on the house. 8. Grounds for appeal: ARB has permitted other homeowners to install OG gutters. Both our neighbors and the house across the street have OG gutters. Over 80% of the houses on Marshall Ave. that have gutters have OG gutters. Most importantly, 638 Marshall Ave, would 1ilce.1-,- brave had hidden gutters and OG gutters mimic the appearance of hidden gutters. 9. Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City Council: Robert Eanes, calico Enterprises LLC, 3249 Hastings Rd, Roanoke, VA 24018, (540)529 -6221. Robert Scrimshaw, Property Owner, 6215 Prospect Terrace, Alexandria, VA 22310, (703)960 -8940 WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner): Name: Robert Scrimshaw (print or type) Name: Bradley Scrimshaw (print or type) Signature of Petitioner(s) c� representative(s), where ap71, ' able: 4 Name: Robert Eanes (print or type) Name: Robert Scrimshaw (print or type) TO BE COMPLETED BY CITY CLERK: Received by: �' I� Date: "20 MAR- 6 Ptl l -'24 K -Styr Gutters on Marshall Ave, SW 917 Marshall Ave, SW 428 Marshall Ave, SW 915 Marshall Ave, SW 840 Marshall Ave, SW 913 Marshall Ave, SW 839 Marshall Ave, SW 909 Marshall Ave, SW 835 Marshall Ave, SW 905 Marshall Ave, SW 833 Marshall Ave, SW 860 Marshall Ave, SW 829 Marshall Ave, SW 853 Marshall Ave, SW 825 Marshall Ave, SW 848 Marshall Ave, SW 813 Marshall Ave, SW 846 Marshall Ave, SW 806 Marshall Ave, SW 847 Marshall Ave, SW 801 Marshall Ave, SW 701 Marshall Ave, SW 710 Marshall Ave, SW 628 Marshall Ave, SW 702 Marshall Ave, SW 618 Marshall Ave, SW 709 Marshall Ave, SW 538 Marshall Ave, SW 634 Marshall Ave, SW 529 Marshall Ave, SW 608 Marshall Ave, SW 528 Marshall Ave, SW Half -Round Gutters on Marshall Ave, SW 852 Marshall Ave, SW 841 Marshall Ave, SW 820 Marshall Ave, SW 712 Marshall Ave, SW 705 Marshall Ave, SW 622 Marshall Ave, SW 526 Marshall Ave, SW t CITY COUNCIL AGENDA REPORT { To: Honorable Mayor and Members of City Council Meeting: duly 20, 2020 Subject: Appeal of the decision of the Architectural Review Board on February 13, 2020, denying a request to install 6" K -style seamless gutters (OG gutters) with 4" round downspouts at 638 Marshall Avenue SW The subject property is an American Four Square style of architecture, 2-112 story residence constructed in 1913, located within the Old Southwest Historic Neighborhood Overlay District (H -2). All building exterior alterations are subject to review and approval by the Architectural Review Board (ARB) prior to submitting a permit application. Background: On October 9, 2019, the owner applied for a Certificate of Appropriateness (Exhibit A) that included installation of 6" aluminum gutters with 4" downspouts. This application was scheduled for ARB review on November 14, 2019; however, the applicant requested that this application be postponed until December 12, 2019, ARB meeting. On December 12, 2019, the ARB reviewed the COA application. Staff recommended denial of the installation of 6" aluminum gutters on the grounds that the proposed gutters were inconsistent with H -2 Design Guidelines (Exhibit B). At the ARB meeting, the applicant amended the application to exclude the installation of 6" aluminum gutters with 4" round downspouts. On January 14, 2020, the owner applied for a Certificate of Appropriateness to install 6" K -style seamless gutters (OG gutters) with 4" round downspouts (Exhibit Q. City Council Agenda Report 638 Marshall Avenue SW July 20, 2020 On February 13, 2020, the ARB reviewed the COA application and denied (2 -3) the request to install 6" K -style seamless gutters (OG gutters) with 4" round downspouts on the grounds that the proposed gutters were inconsistent with H -2 Design Guidelines. On February 19, 2020, a denial letter was sent (Exhibit D). On March 6, 2020, the applicant filed a petition with the City Clerk's Office appealing the ARB's decision (Exhibit Q. Findings: The H -2 Historic Neighborhood Overlay District was designated a National Historic District in 1985. The district is a large urban residential neighborhood that encompasses 1,547 contributing structures developed between 1882 and 1930, a period of tremendous growth and prosperity in the City of Roanoke's early history. It is primarily a residential district, consisting of a variety of popular domestic architectural styles. The City of Roanoke created the H -2 district to: Identify properties (buildings. landmarks, structures, and areas) of architectural, cultural, and historic significance within the City that are on or are eligible for inclusion on the Virginia Landmark Register or National Register of Historic Places; Encourage the preservation, enhancement, and maintenance of such properties; and Develop and maintain appropriate settings and environments for properties. As in many other historic districts, the structures in the H -2 district have gone through changes throughout the years. Fortunately, many structures have retained their architectural integrity due to the efforts of the property owners, the area residents, the City of Roanoke, and other historic preservation- minded organizations and individuals. Considerations: The H -2 Architectural Design Guidelines adopted by the ARB and endorsed by City Council provide recommendations for exterior alterations to buildings. The ARB uses the Guidelines during its monthly meetings to consider applications related to alterations, additions, and new construction within the established historic district. Approved proposals are granted a Certificate of Appropriateness (COA), which is necessary to obtain building permits. 2 City Council Agenda Report 638 Marshall Avenue SW July 20, 2020 The H -2 Architectural Design Guidelines follow the Secretary of Interior's Standards for Rehabilitation, which are generally recognized criteria for appropriate treatment of historic buildings and contexts. The following Guidelines for gutters and downspouts are relevant to consideration of this application: Gutters and Downspouts "The use of half -round gutters and round downspouts is preferable to the use of ogee or corrugated gutters and downspouts." The applicant proposed 6" K -style seamless gutters (OG gutters) with 4" round downspouts. Although the proposal to install 4" round downspouts complies with the H -2 Design Guidelines, the installation of 6" K -style seamless gutters (OG gutters) is inconsistent with the H -2 Design Guidelines. Recommended Action: The Architectural Review Board finds the application inconsistent with the H -2 Architectural Design Guidelines as noted in this report. Therefore, the ARB recommends that City Council affirm the ARB's decision to deny the Certificate of Appropriateness to install 6" K -style seamless gutters (OG gutters). Tina M. Carr for Bill Hume, Chairgde 000„ 1 eo<oo ------------------- - - - - -- Bill Hume, Chair Architectural Review Board Enclosures- Exhibit A through Exhibit E c: Robert Cowell, City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian Shaw, Planning Administrator Jillian Papa Moore, Zoning Administrator Wayne Leftwich, Senior Planner Parviz Moosavi, Historic Preservation Planner Daniel J. Callaghan, City Attorney Timothy Spencer, Assistant City Attorney Mr. Robert Schrimshaw Mr. Bradley Scrimshaw Mr. Robert Eanes, Calico Enterprises, LLC 0 H -2, Historic Neighborhood Overlay District Application for Certificate of Appropriateness I I Date of Application o Z � -7 0 RECEIVE D Site Address 6 3 Y M Q rS 401 t li (le ,5141 Property Owner: CITY OF ROANOKE PLANNING BUILDING a n��� /� �1 66 � / K� ln 40114/ DEVELOPMENT Name: 1i ��t y C. Address: 6 i S %iol Prcf ` _rzI(rAee.- City: Phone Number: 703 L1 6 0 63 46 Owner's Representative (if applicable): Name: I Ro be,-r" tFO-0 e 5- State: ir Zip Code: 2 2 3 l0 E -Mail: bra. ofS n4 not GU 0 Ye, 6 • Com Address: 3 2.q i Hof f /17 fU City: 90'A n G Vic, State: �� Zip Code: 9-q v / 8 Phone Number: SH 0 5 2 9 62-2-1 E -Mail l lV �4/ f � W, TAnI eS �) L�r��t�L � 6/n Application Prepared By: f%d5 -t /r` F- A1114f (/ Current Use: Y Single- Family F Two-Family (Duplex) (— Multifamily r Townhouse r Commercial If Commercial, Describe Use.- Project Type: [; Roof r Porch Y Windows and Doors G New Construction r_1 Signs C' Walls and Fences r— Parking and Paving r Demolition P< Other: j C 10Sf, *PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION. Acknowledgement of Responsibility: I understand that all applications requiring review by the ARB must be complete and must be submitted before application deadlines; otherwise consideration will be deferred to the following meeting. I agree to comply with the conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans approved by the ARB. I understand that no changes are errnitted with prior approval by the City. Signature of Property Owner: Date: j C� Section Below to be Completed by Staff Certificate Number: Tax Parcel Number: Base Zoning District: 2 Approval By: P'ARB r— Agent Other approvals needed: F-,t Zoning Permit wilding Permit F_ BZA/Planning Commission F Other t Agent, Architectural Review Board: Date: EXHIBIT A H -2, Historic Neighborhood Overlay District Detailed Project Description Site address: 6 3 R M AI'S ptt hd-(- S Property Owner. P0 Ltl�' ao) (pd LeY SGrl✓n S a Project Description: 6 vs e- to ,Rema,--7 i9s 11 GGCc�` �`or faihyths v+fe.s bt/i �y /!>�Jvrt� dulan -0,4/3 Td �f Ins-lktze� S/U of �%vuSc CGS rn %cSin� 1/�n yi; 6v�nJa ' 4 i ►') %SSf�S W�HJ Coa�O���ty 6 & )u, i i► s% to /';gduty-* 2.6 rvllt Ce a uw Fx4 91osf vihyt ih S 10.)r -an )ky Rca/ Of J 01,je p Le %workek� C(,OJe)- h PoecL is Ur �tr�rJ� I'� 6vii �o Cerft,� Proper fall of Howf -e W; 4'1 l 2 % Ito l �✓vtjv.&/ all) re I° Wj ! # 0 � �N Ci'.c�sl GiUr� l y /S (,t� JhUd+u I I 3 7 Q i 71� he ea i3e- J 0 to i n dote 16 - 2 3 To f� w��� N�r,� rii'h y� C', a O- ¢n1P9S a Pd � 2 Nztv �//� y w 1il dad � 2 2 s -ee Additional information to be submitted: ffi Photographs r— Site Plan /P< Elevation Drawings r— Sample, Photograph, or Catalog Pictures of Proposed Material F] Other: COA-- Date Received: Applicant Name: .gC -I'I +') �� Received by: Window Survey Form Have Basic Requirements ❑ 1. Photographs or drawing of each elevation of the structure, with all the window openings on each elevation numbered. C] 2. Photographs of each window opening numbered corresponding to the photographs or drawings from # 1. 0 3. Condition Evaluation of each window (see reverse). ❑ 4. Proposed window design (casement, fixed, etc.) , pattern (3/1, 6/6, 1 / 1, etc.) , materials (wood, 1vinyl, clad, etc.), etc. Specify if different for certain openings. 5. Proposed window product brochure /information that includes the company's depiction or 0 photograph (not wind load information) of actual windows. We need to know what they look like on the exterior. a 6. Other ALL window openings on the structure should be assigned a number and described under the same number on the back of this sheet. Even those not being replaced should be assigned a number, however a photograph of those windows is not necessary, note on the second page that you aren't looking to replace that window number. Windows in pairs or groupings should be assigned separate numbers. Windows in dormers and small fixed windows should also be included, but not door sidelights or transoms associated with a door. On the second page, describe the issues and `- "VIG conditions of each window in detail, referring to the — specific parts of the window (see diagram to the left). The photographs can be from the interior, exterior, or both. Additional close -up photographs, showing evidence of window condition, MUST be provided to better document problem areas. The Planning and Development Department's evaluation and recommendation is based on Imcm deterioration /damage to the window unit, and associated trim. Broken glass and windows that are WHOM wr AFOW =6 ISO painted shut are not necessarily grounds for approving replacement. Total Number of Window Openings on the Structure 23 Number of Historic Windows on the Structure Number of Existing Replacement /Non- Historic Windows Number of Windows Completely Missing /6 Total Number of Windows to be Replaced 21 COA— Applicant Name: Date Received: Received by: Window Survey Form — Window Condition Report Window Window Condition 1 L,c %Sfi��y /r�yG I�.►�+U,Ns �s is 2 k I� 3 ryj Sj /iN9 or;q /,y � G ay., x 4 LL -- P 5 1(Jt Si�►5 Vii► y G -- h^/1�_�iS kt.e 6 t'h iS Si by – f4di3O_ iif k Fi 6k14 M 7 Yh/"o; ,,f 1114YL fikf� -k w; /l Iz A�� �v'4�y ��� 9 s/'Z-e >G, TIA Lt r Ar 11 KIM f 1%✓.-aSt Size 1/ihyG 12 _GVi1�1 MOVI- Q Nd Lv /'�-A 2 4 /t./ I/i1�yL 13 W o &J- fP.eK &M fkt �kL TNCrWpl,- 5, 2. P 14 M ISSI -711 VM'14, 6o l(a. AtKd (&p4c,c Wj?j 15 kL 16 Jh;s Si,ls t v0 L I/dlVG 17 33 18 -19 t // - \A // 20 \.%. /J Window Window Condition _7 21 22 A k j J 23 -e}c)S /-) j %ih, LVOV&,L 12� Mot; h.i iS 24 Pd!/ f& \)qv UALW wl .ol 25 Iz A�� �v'4�y ��� 1 129 Lt r Ar 29 30 31 32 33 34 35 36 37 38 39 40 ���': �'�� �: �; � ��,�" �. < . '; � i ' •'�A! f'� � -.� .� ��. � t`, :�r• . .�: �. -, r �% j� ' -+, t, ��a �, r345 1 Pti .K ,_ !�.� '; � i ' •'�A! f'� � -.� .� ��. � t`, :�r• . .�: �. -, r �% j� 1 i ®R t: fill r .,* - .,� � -�_ ;� ;� ; �, �' ,l} 14����,,, _ '� �� . � -� ,., .� 1 � 1 � � 1k r �� �, ti P' .� . •. �;. � � _ ...__ y ! } 3 1 jMl14 :.. z •' � '�t � � �� � � � � . �' „� � . $a �- `yh _ I' mss1:;„ �'' �► _ _ ..,.,,r.��rrinl l r t i11U��/E��11�1�1 �� a t3"uk.�.ia,.e°m� �• 0 W P0 , &E ROANOKE Staff Report presented to: Mr. Bill Hume, Chair, and Members of the Architectural Review Board Roanoke, Virginia Dear Members of the Board: Agenda Item No. III. A. December 12, 2019 Subject: 638 Marshall Avenue S.W. (Official Tax Map No. 1 120208) Request from Robert Scrimshaw, represented by Robert Eanes, that includes replacing several windows with vinyl windows, reducing some window openings, expanding other window openings, and adding new windows. Install 6" gutters with 4" round downspouts. Rebuild closed in 2 -story porch on the rear of house replacing siding to match rear of house. Background: The subject property includes a 2 -% story American four - square multi - family residential structure located within the H -2 Historic Neighborhood Overlay District. All exterior building alterations are required to be approved by the Architectural Review Board prior to obtaining a building permit. The current property owner purchased the property in April 2016 and plans to convert the home from multi - family to single - family. In addition, he plans to improve the exterior and the interior of the building. The property owner has already begun addressing some of the code violations inherited from the previous property owner. Proposed work: The applicant is proposing to maintain two historic wooden windows within the front porch, replace several windows with vinyl windows, reduce the size of some window openings, expand other window openings, create new window openings and add new vinyl windows. In addition, the proposed work includes installation of a new 6" K -Guard gutters with 4" round downspouts and the rebuild of a closed -in 2 -story porch on the rear of house by replacing deteriorated T -1 1 1 /Dlvwood Danels with wood sidinq to match the rest of EXHIBIT d D Architectural Review Board Staff Report 638 Marshall Avenue SW December 12, 2019 Page 2 of 5 house. Findings: The H -2 Guidelines for Basic Design Principles recommend: • Maintain original materials and features that characterize a building and make it unique. Architectural materials and features are considered significant if they: - are original, reflect a particular architectural style, are examples of quality craftsmanship or design, or reflect changes associated with a major event in the history of the bldg. The American four- square style house was not maintained well by previous property owners for many years. The current property owner has made incremental improvements during the past couple of years. Such improvements include obtaining COA approval for installation of architectural shingles over the front porch and the main house, installation of wooden guardrails on front porch, and installation of square lattice over the crawl space under the front porch. There are five historic windows remaining on the entire structure. Two historic windows along the front of the house and one attic window on the front dormer are planned to remain. Two upper sash historic wood windows at the rear (Windows #11 and 13) have their lower sash filled - in with siding and are fixed and inoperable. These two windows are proposed to be replaced with new vinyl windows. Two existing window openings at along the western side facade are proposed be reduced in height by raising the sill heights (Windows #6 and 9) and replaced with new vinyl windows. A new window will be created along the western side facade for the stairwell (Window #26) and a window opening on the rear (Window #12) will be changed into 2 windows to match the lower floor as part of the rebuild of the 2 -story porch. The remainder of the original wood windows are either missing or were replaced with vinyl windows. The proposal is to install new vinyl windows to match existing. The structure has a double teardrop wood siding that seems to be in good to fair condition, except for the eastern half of the rear and a portion of the east facade that are covered with deteriorated T -I I I on the 2 "d and 3 "d level. The proposal includes removing and replacing the deteriorated T -1 1 1 with wood siding to match the existing. Architectural Review Board Staff Report 638 Marshall Avenue SW December 12, 2019 Page 3 of 5 ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT • Repair deteriorated materials instead of removing or replacing them. • Replace deteriorated materials and features that cannot be repaired with new elements of the same design and material. • Install a new feature that is compatible to similar elements of the building in size, scale, and materials when a significant feature is missing and there is no evidence of its original appearance. The proposal includes repairing missing trims and siding throughout the structure. There are only five historic wood windows remaining and the applicant is proposing to maintain three of them on front facade. The other two windows are completely missing their lower sashes. The applicant is proposing to install new vinyl window sashes throughout the structure to match the existing vinyl windows. Some of the window openings are proposed be increased in height by lowering the sill heights (Windows #11 and 13), and other windows are proposed to be reduced in height by raising the sill heights (Windows #6 and 9). The applicant should consider installing new jeld -Wen wood windows throughout the structure instead of installing new vinyl windows. Visibility from the Street • In the H -2 District, staff or the ARB reviews any changes proposed to the exterior of building that are visible from the public right -of -way, including alleyways. Modifications to rear facades in the H -2 District also require review when owners propose changes that will impact the building's "skin," particularly changes to siding, windows and doors. However, the ARB recognizes that the rears of houses typically were more utilitarian in design and changed more frequently. Therefore, a wider range of appropriate materials and designs are allowed to the rear of properties and areas not readily visible from the street. Owners who propose additions that do not impact the building's original or current skin (e.g., decks and patios) also have greater design flexibility. Architectural Review Board Staff Report 638 Marshall Avenue SW December 12, 2019 Page 4 of 5 Replacing deteriorated T -1 1 1 /plywood with teardrop wood siding to match the rest of the house is a significant improvement to the rear fa4ade. However, installing vinyl windows are inconsistent with the H -2 Design Guidelines. The ARB may consider allowing the applicant to use vinyl windows at the rear of the structure, due to its limited visibility. Windows and Doors GUIDELINES FOR PRESERVATION AND REHABILITATION Retaining Existing Windows and Doors • Identify and keep the original materials and features of windows and doors. Important characteristics include: • size, fanlights, shape, glazing, hardware and muntins • Do not enlarge or fill in windows or doors on any prominent side of a building. The original window on front porch and front attic are to remain. The proposal includes altering the window openings on the west side of the house where they would be visible form Marshall Avenue SW. Windows #11 and 13 are proposed be increased in height by lowering the sill heights, and Windows #6 and 9 are proposed to be reduced in height by raising the sill heights. Replacing Existing Windows • Do not use inappropriate materials or finishes that radically change the sash or glazing size, depth of reveal, muntin configuration, reflective quality or color of the glazing, or appearance of the frame. Appearance of the finished window is the paramount concern. Steel, vinyl or fiberglass, seldom match the appearance of wood, and they do not lend themselves to the application of added detailing. The applicant is planning to maintain the historic windows on front porch and the attic window facing the front. However, installing new vinyl windows throughout the rest of the house would not be appropriate and is inconsistent with the H -2 Design Guidelines. Architectural Review Board Staff Report 638 Marshall Avenue SW December 12, 2019 Page 5 of 5 Gutters and Downspouts • The use of half -round gutters and round downspouts is preferable to the use of ogee or corrugated gutters and downspouts. The proposal includes installing new 6" K -Guard gutters and 4" round downspouts. The applicant should consider installing half -round gutters instead. Staff Comments: The proposal includes converting a multi - family structure to a single - family home with significant improvements to the exterior of the building. The proposal includes replacing several windows with vinyl windows, reducing some window openings, expanding other window openings, adding new windows, installing 6" K -Guard gutters with 4" round downspouts, and rebuilding a closed -in 2 -story porch on the rear of house while replacing siding to match rear of house. Staff recommends denial of the application due to the following issues: 1. Installing vinyl windows is inconsistent with the H -2 Design Guidelines. The applicant should consider installing wood windows instead. The guidelines do recognize that a wider range of appropriate materials and designs are allowed to the rear of properties and areas not readily visible from the street. 2. Installing 6" K -Guard gutters is inconsistent with the H -2 Design Guidelines. The applicant should consider installing half -round gutters instead. i Parviz Moosavi, Agent H -2, Historic Neighborhood Overlay District VN EIVE D Application for Certificate of Appropriaten14 L,20 Date of Application TaA Y, �L Site Address 1 3$ m4rs4oll Aft SW Property Owner: City of Roanoke Planning Buildina and Devel Name: o� {/� .S�/' %/�l S�AI✓ AMrA 64 P-ey SG11M 5400 ,", Address: 6 2-1 !�' P110j 40 %yt //011.4. City: State: Zip Code: ZZ 3/d Phone Number. 703 `X 0 G 3YS E -Mail: radS mOha C d 0) Ye- Avo - Cap" Owner's Representative (if applicable): U Name: Address: i City: State: F Zip Code: Phone Number: E -Mail: Application Prepared By: Current Use: Y_ Single - Family F_ Two-Family (Duplex) f— Multifamily F Townhouse r— Commercial If Commercial, Describe Use: Project Type: r Roof F Porch F- Windows and Doors F- Construction r— Signs F_ Walls and Fences F- Parking and Paving F_ Demolition Y Other: 'PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION. Acknowledgement of Responsibility: I understand that all applications requiring review by the ARB must be complete and must be submitted before application deadlines; otherwise consideration will be deferred to the following meeting. I agree to comply with the conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans approved by the ARB. I understand that no changes are permitted without prior approval by the City. Signature of Property Owner: j, l r/ gobtW Date: (Spn ly 202c) Section Below to be Completed by Staff Approval By: IVARB Certificate Number: co P Bao— oowi Other approvals needed: Tax Parcel Number: � 12- o 2- 0� t— Zoning Permit Base Zoning District: wilding Permit � �— � �-� - 2 Agent, Architectural Review Board: (— Agent F_ BZA /Planning Commission F_ Other Date: EXHIBIT H -2, Historic Neighborhood Overlay District Detailed Project Description Site Address: (6 q a p7oo Lo u, I*P s' Property Owner: Project Description: ,SG'riA 5,4a N/ a'AJ d(ad toy sci—!M SAa� Additional information to be submitted: F Photographs F Site Plan F Elevation Drawings F Sample, Photograph, or Catalog Pictures of Proposed Material (— Other: ROANOKE PLANNING BUILDING AND DEVELOPMENT Noel C. Taylor Municipal Building 215 Church Avenue SW, Room 170 Roanoke, Virginia 24011 540.853.1730 planning(cD_roanokeva.gov February 19, 2020 Mr. Robert Scrimshaw Mr. Bradley Scrimshaw 6215 Prospect Terrace Alexandria, VA 22310 Via email brad smonaco(aD-yahoo.com Dear Property Owner: Subject: ARB DENIAL: Application for Certificate of Appropriateness Certificate No. COAB20 -0004 638 Marshall Avenue SW, Official Tax No. 1120208 On February 13, 2020, the Architectural Review Board (ARB) of the City of Roanoke, Virginia, denied your COA application to install 6" K -style seamless gutters with 4" round downspouts at 638 Marshall Avenue SW. The Board found that the proposed application was not consistent with the H -2 Architectural Design Guidelines. The Guidelines recommend using half -round gutters. The ARB bases its review on adopted guidelines that generally follow the Secretary of Interior's Standards for Rehabilitation, which are recognized criteria for appropriate treatment of historic buildings and contexts. The guidelines that specifically apply to this project are described in the Staff Report dated February 13, 2020. At its public meeting on February 13, 2020, the ARB expressed concern that the proposed work was not in keeping with the Design Guidelines. If you are aggrieved by this decision of the Architectural Review Board, you have the right to appeal the Board's decision to City Council within 30 calendar days of the date of the decision, per City Code Section 36.2 -530, see copy attached. Information on the appeals process is enclosed. Please contact Parviz Moosavi at 540/853 -1522 if you have additional questions. Very truly yours, r Tina M. Carr, Secretary to the Architectural Review Board Enclosure cc: Robert Eanes Via email Robert.W.Eanes(a-gmail.com EXHIBIT CODE OF THE CITY OF ROANOKE (1979) Sec. 36.2 -530. - Certificates of appropriateness. (4) Any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within thirty (30) calendar days after the decision is rendered by the Board. The City Council shall schedule the matter for a public meeting and render a decision on the matter within sixty (60) calendar days of the receipt of the petition, unless the property owner and the Agent to the Architectural Review Board agree to an extension. The City Council may affirm the decision of the Board, reverse or modify the Board's decision, in whole or in part, or refer the matter back to the Board. (5) Upon approval by the Architectural Review Board, or the City Council on appeal, of any erection, reconstruction, alteration, restoration, or demolition, a Certificate of Appropriateness shall be made available to the applicant. (6) In the event City Council denies an appeal of a decision of the Architectural Review Board, the applicant may file an appeal in Circuit Court pursuant to subsection (d), below. (d) Appeals from City Council decision. Any property owner aggrieved by any final decision of the City Council pursuant to this section may present to the Circuit Court of the City of Roanoke a petition setting forth the alleged illegality of the action of the City Council, provided such petition is filed within thirty (30) calendar days after the final decision is rendered by the City Council. The filing of such petition shall stay any action pursuant to the decision of the City Council pending the outcome of the appeal to the court, except that the filing of such petition shall not stay any action pursuant to the decision of the City Council if such decision denies the right to demolish a structure or historic landmark. The court may reverse or modify the decision of City Council, in whole or in part, if it finds upon review that the decision of the City Council is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion, or the court may affirm the decision of the City Council. VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2- 530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s): 2. Doing business as (if applicable): 3. Street address of property which is the subject of this appeal: 4. Overlay zoning (H -1, Historic Downtown Overlay District, or H -2, Historic Neighborhood Overlay District) of property(ies) which is the subject of this appeal: 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2 -330, if H -1 or Section 36.2 -331, if H -2): 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: 8. Grounds for appeal: 9 Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City Council: WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner): Name: (print or type) Name: (print or type) TO BE COMPLETED BY CITY CLERK: Signature of Petitioner(s) or representative(s), where applicable: Name: (print or type) Name: (print or type) Received by: Date: Ct (EI 1 %F. NICCOI . C U( ( its (lerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church A%enue, S. «., Suite 456 Roanoke, Virginia 24411 -1536 I elephone: (540) 853 -2541 Fa%: (540)853-1145 F -mail: Berl. a roanoke%a.kot March 6, 2020 The Honorable Mayor Sherman P. Lea, Sr. and Members of the Roanoke City Council Roanoke Virginia Dear Mayor Lea and Members of Council: C FCFLI \T. \\ EBB. ( \1( Wing Depute Cit% Clerk I am enclosing copy of a Petition for Appeal filed by Robert Eanes and Robert Scrimshaw, on behalf of Calico Enterprises LLC, regarding a decision of the Architectural Review Board at its meeting on February 13, 2020, denying request to install OG gutters at 638 Marshall Avenue, S. W., which is not consistent with the H -2 Guidelines. The petition was received in the City Clerk's Office on Friday, March 6, 2020 Section 36.2- 530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 calendar days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition, unless the property owner and the Agent to Architectural Review Board agree to an extension The Council may affirm, reverse or modify the decision of the Architectural Review Board, in whole or in part, or refer the matter back to the Board. With the concurrence of City Council, a public meeting may be scheduled for Monday, April 20, 2020, at 7:00 p.m., or as soon thereafter as the matter may be heard, to render a decision with regard to the Petition for Appeal filed by Messrs. Eanes and Scrimshaw. Sincerely, ozut4,�J, wtt ev- Cecelia F. McCoy, CMC City Clerk RECEIVED Enclosure MAR 0 9 202-' C PLANNING The Honorable Mayor Sherman P. Lea, Sr. and Members of Roanoke City Council March 6, 2020 Page 2 PC: Robert Eanes, Calico Enterprises LLC, 3249 Hastings Road, S. W., Roanoke, Virginia 24018 Robert Scrimshaw, Owner, 6215 Prospect Terrace, Alexandria, Virginia 22310 Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney vi�arviz Moosavi, Agent, Architectural Review Board Tina Carr, Acting Secretary, Architectural Review Board VIRGINIA* IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF } PETITION FOR APPEAL } This is a Pett'on for Appeal from a decision of the Architectura Board under Section 36.2- 530(c)(5) of the Zoning Ordinance of the Cup the City of Roanoke (1979), as amended. 1, Name of the Petit On P,r(S): Robert Eanes / Robert Scrimshaw 2. Do ng business as (.f applicable): calico Enterprises LLC 3. Street address of property which is the subject of this appeal: 638 Marshall. Avenue, St..', Roanoke, VA 4. Overlay zoning (H -1, Historic Downtown Overlay District, or H -2 Historic Neighborhood Overlay District) of property(ies) which is subject of this appeal: H--0L 5. Date the hearing before the Architectural Review Board was helc % %hich the decision being appealed v.,as made: February ! 3, 20 -_ 6. Section of the Code of the City of Roanoke uneer v,hich Ce - of Appropriateness was requested from the Arcnitectural Rev (Section 36.2 -330, if H -1 or Section 36.2 -331, ` H-2): 36.2 -331 7. Description of the request for which the C;eritficate of Approp- a was sought from the Architectural Review Board. Request per -:is to put OG gutters on the house. 8. Grounds for appeal: ARB has permitted other homeowners to insta.' gutters. Both our neighbors and the house across the street gutters. Over 80% of the houses on Marshall Ave. that have � have OG gutters. ?lost importantly, 638 ".arshall. Avc. t,ou:c: had hidden gutters and OG gutters mimic the appearance o 9. Name, title, address and telephone number of person(s) ,Nho .. represent the Petitioner(s) before City Council: Robert Eanes, Enterprises LLC, 3249 Hastings Rd, Roanoke, VA 24618, Robert Scrimshaw, Property Owner, 6215 Prospect Terrace, 27310, (703)960 -8940 WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certifcate Appropriateness be granted. Signature of Owner(s) (If not Petitioner) Name: Robert Scrimshaw (print or type) Name: Bradley Scrimshaw (print or type) TO BE COMPLETED BY CITY CLERK: Received by: L) I Signature of Petitioners; _ representative (s), where appli able: Name: Robert Eanes (print or type) Name: Robert Scrimshaw (print or type) Date: '20 MAR- 6 m11:24 K -Stylq Gutters on Marshall Ave, SW 917 Marshall Ave, SW 428 Marshall Ave, SW 915 Marshall Ave, SW 840 Marshall Ave, SW 913 Marshall Ave, SW 839 Marshall Ave, SW 909 Marshall Ave, SW 835 Marshall Ave, SW 905 Marshall Ave, SW 833 Marshall Ave, SW 860 Marshall Ave, SW 829 Marshall Ave, SW 853 Marshall Ave, SW 825 Marshall Ave, SW 848 Marshall Ave, SW 813 Marshall Ave, SW 846 Marshall Ave, SW 806 Marshall Ave, SW 847 Marshall Ave, SW 801 Marshall Ave, SW 701 Marshall Ave, SW 710 Marshall Ave, SW 628 Marshall Ave, SW 702 Marshall Ave, SW 618 Marshall Ave, SW 709 Marshall Ave, SW 538 Marshall Ave, SW 634 Marshall Ave, SW 529 Marshall Ave, SW 608 Marshall Ave, SW 528 Marshall Ave, SW Half -Round Gutters on Marshall Ave, SW 852 Marshall Ave, SW 841 Marshall Ave, SW 820 Marshall Ave, SW 712 Marshall Ave, SW 705 Marshall Ave, SW 622 Marshall Ave, SW 526 Marshall Ave, SW 7pm Proposal for Roanoke City Council Submitted by Freeda Cathcart on July 20, 2020 contributed to the anger and frustration of protesters. They can still take the following actions to diffuse the situation to protect the public, officers and property: - Issue an apology for the police using excessive force on peaceful protesters. - Furlough the officers who used excessive force. Launch an investigation. Take appropriate actions to either fire the officers or discipline the officers who harmed or failed to protect the people, this includes the officers who didn't stop the violent officers from using excessive force. The demands of the protestors in Roanoke and across the United States are crystal clear, the brutality must end. The path to change will be difficult because excessive force is ingrained into the present police culture along with systemic racism. Most of the studies show that the excessive use of force is disproportionately used on Blacks and other marginalized groups living in the United States. The protests in Roanoke were a prime example of this and a lesson for us all. Please consider looking at what other successful cities do. The Center for Popular Democracy offers 15 ays to reduce tiolice violence. The Roanoke City Police Department has already implemented many of the ways to reduce police violence; however, there was no need for the military gear and tactical unit used on Saturday. If the RCPD doesn't already classify pepper spray as excessive force, then it needs to. It is irresponsible for the RCPD to use pepper spray on peaceful protesters during a pandemic or any time. This is supported by Dr. Woodhall Stopford of Duke University who provided risk assessment to the state of North Carolina: "Given that there is an increased risk in the use ofpepper spray with children, the elderly and people with chronic lung disease and certain eye conditions and given that a crowd of people at a demonstration is likely to contain children, the elderly and people with pulmonary conditions and given that the use of pepper spray for crowd control (defined, as I understand it as moving a crowd in a certain direction by government officials) can induce pain, disorientation and a state of panic in the crowd it is applied to, it is my professional opinion that use of pepper spray for crowd control is inconsistent with good public health policy." Proposal for Roanoke City Council Submitted by Freeda Cathcart on July 20, 2020 Roanoke City Manager Bob Cowell and Roanoke City Police Chief Sam Roman have yet to issue a public apology for the unnecessary excessive force used on protesters on Saturday afternoon. As far as the public knows, the officers who perpetrated the violence have not been furloughed and their fellow officers who did not stop the violent officers have not been disciplined. This is unacceptable and must be immediately corrected in order to ensure public safety. On Saturday afternoon May 30, peaceful protesters left the rally in Washington Park to spontaneously walk to downtown Roanoke. The participants were diverse with people of many ethnicities united by their sadness and righteous anger about the murder of George Floyd by Police officers. They were following well known civil rights leaders in the community; almost all were wearing masks and spread out for appropriate social distancing. They peacefully passed several police presences until they arrived at the corner of 2nd and Campbell near the Roanoke jail. There the police had blocked off the street and the sidewalk. The group consisted of teachers, clergy, neighborhood advocates and many other civic minded citizens. They were shocked and dismayed when a police officer shot pepper balls into the group which included young children. Even after the police attacked the people they remained peaceful, crying out for justice and the right to be able to use the public sidewalk. Eventually, the police moved off the sidewalk. Roanoke City police were responsible for escalating the tension and civil unrest because of outdated practices in policing demonstrations. According to the Marshall Proiecr , a national journalism group focusing on criminal justice, the use of pepper spray, paintball guns, threats of escalating force, and the presence of armored vehicles are counterproductive during peaceful demonstrations and contribute majorly to peaceful demonstrations becoming violent. Findings from the research publication New Directions in Protest Polici shed light on the proper way to handle demonstrations that protect the safety of demonstrators and police. Even though Manager Bob Cowell and Chief Sam Roman expressed concern to the press over public safety and protection of property, they were glaringly unaware of best practices in how to do so. So far, they have ignored how the excessive force perpetrated by Roanoke City officers Proposal for Roanoke City Council Submitted by Freeda Cathcart on July 20, 2020 The current rules governing the permitting of peaceful protesting are cumbersome and restrict the public's constitutional rights for peaceful assembly. Emergency permits are offered in other cities that reduce the approval time dramatically. One example of this is the Pittsburgh laennit r cess which only has a two -day waiting period. Manager Bob Cowell needs to work with City Council to amend the municipal codes governing this process. The present system creates a disconnect between the people and the City, when people try to assemble in a timely manner to address oppressive conditions. Attorney General Mark Herring said, "peaceful protests and demonstrations ... are important tools of accountability and visibility." Roanoke City needs to improve accessibility for peaceful assemblies in coordination with the police.