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Home My WebLink AboutCouncil Actions 11-20-23 COBB 42821 -112023 City of Roanoke, Virginia CITY COUNCIL November 20, 2023 2:00 PM ROAN O KE City Council Chamber 215 Church Avenue, S.W. AGENDA 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. NOTICE: Council meetings will be televised live and replayed on RVTV Channel 3 on Thursdays at 7:00 p.m., and Saturdays from 10:00 a.m. to 5:00 p.m.; and video streamed through Facebook Live at facebook.com/RoanokeVa. Council meetings are offered with closed captioning for the deaf or hard of hearing. 1. CALL TO ORDER - ROLL CALL. All Present. The Invocation was delivered by The Reverend Terry Kemp, Children's Pastor and Ministries Director, Fort Chiswell Church of God. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. ANNOUNCEMENTS: 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of Senator John S. Edwards. Adopted Resolution No. 42821-112023 (7-0). Mayor and Members of Council recognized Senator Edwards and presented the Key to the City. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Debra Richardson, 1621 Andrews Road, N. W., appeared before the Council to share her experience involving a gun violence incident near her home and not being able to reach the Police Chief nor the Mayor. Jennifer Joy Truskowski, 641 Walnut Avenue, S. W., appeared before the Council and spoke with regard to the preservation of the Evans Spring property and the value of the land. Owen McGuire, 2514 Brambleton Avenue, S. W., appeared before the Council and spoke with regard to the Grandin Court Neighborhood Association. Freeda Cathcart, 2516 Sweetbrier Avenue, S. W., appeared before the Council and spoke with regard to the VASWOD Annual Meeting and Conference. 4. CONSENT AGENDA: APPROVED (7-0) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C-1. Minutes of the regular meeting of City Council held on Monday, October 16, 2023; recessed until Friday, November 3, 2023. 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 the 2023 Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-3. A communication from Council Member Patricia White-Boyd, Chair, City Council Personnel Committee, requesting that Council convene in a Closed Meeting to discuss a personnel matter, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-4. A communication from the City Manager, requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property located in the vicinity of the Highland Farms Road, N. W., and 1-581 Frontage Road, N. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-5. Request to schedule a public hearing for Monday, December 18, 2023, at7:00 p.m., or at such time as the matter may be heard, or at such other date and time as determined by the City Manager, to consider the lease of property to the Blue Ridge Zoological Society of Virginia, Inc. RECOMMENDED ACTION: Concurred in the request. C-6. Reports of qualification of the following individuals: Anita Reed as a member of the Economic Development Authority to replace Stephanie Wyatt-Jones for a four-year term of office commencing October 21, 2023 and ending October 20, 2027; Charlene Graves as a member of the Roanoke Arts Commission to fill the unexpired term of office of Whitney Johnson ending June 30, 2025; Daniel Karnes as a member of the Blue Ridge Behavioral Healthcare, Board of Directors for a three-year term of office, commencing January 1, 2024 and ending December 31, 2026; Cameron Chase as a member of the Roanoke Neighborhood Advocates to replace Sunni Purviance for a three-year term of office commencing October 1, 2023 and ending September 30, 2026; and Victoria Thornton as a member of the Roanoke Cultural Endowment, Board of Directors for a three-year term of office, commencing January 1, 2024 and ending December 31, 2026. RECOMMENDED ACTION: Received and filed. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: NONE. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: 1. CITY MANAGER: BRIEFINGS: FY24 Budget - October Monthly Budget Report - 15 minutes Evans Spring Master Plan - 60 minutes ITEMS RECOMMENDED FOR ACTION: A. Amendment of the City Code to expand the Youth Athletics Review Board. Adopted Ordinance No. 42822-112023 (7-0). B. Amendment of the City Code to allow certain commercial activity at Carvins Cove Natural Reserve. Adopted Ordinance No. 42823-112023 (7-0). C. Execution of Amendment No. 2 to the Deed of Restriction for an Addition to the Roanoke Centre for Industry and Technology. Adopted Ordinance No. 42824-112023 (7-0). D. Execution of an additional Change Order to the contract with A. R. Coffey and Sons, Inc., for the Windsor Road, S. W., Stormwater Capital Improvement Project. Adopted Resolution No. 42825-112023 (7-0). COMMENTS OF THE CITY MANAGER. NONE. 2. CITY ATTORNEY: NONE. 8. REPORTS OF COMMITTEES: 1. 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. 42826-112023 (7-0). 2. A report of certain Authorities, Boards, Committees and Commissions in which City Council serve as liaisons or appointees. NONE. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 1. A resolution retroactively approving and affirming the action taken by the Greater Roanoke Transit Company (GRTC) d/b/a Valley Metro to implement Fare Free Election Day Bus Service for Tuesday, November 7, 2023. Adopted Resolution No. 42827-112023 (7-0). 11. MOTIONS AND MISCELLANEOUS BUSINESS: 1. Inquiries and/or comments by the Mayor and Members of City Council. Vice-Mayor Cobb advised he recently traveled to China and engaged in conversation with regard to cultural exchange programs; visited ancient museums and artifacts and spoke on the annual Sister Cities Convention. Council Member Moon Reynolds expressed appreciation to allow City youth and chaperons to attend the National League of Cities Conference; Council Member Volosin added that the youth were very engaged and suggested that youth attend the Congressional Cities Conference in March 2024. 2. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESSED - 5:01 P.M. THE COUNCIL MEETING WILL STAND IN RECESS; AND THEREAFTER RECONVENE AT 7:00 PM, IN THE COUNCIL CHAMBER, ROOM 450, NOEL C. TAYLOR MUNICIPAL BUILDING. A LEGISLATIVE COMMITTEE MEETING WILL BE HELD AT 6:00 P.M., IN THE CITY COUNCIL CONFERENCE ROOM. IIIIrW City of Roanoke, Virginia CITY COUNCIL 7:00PM ROANOKE City Council Chamber 215 Church Avenue, S.W. 13. CALL TO ORDER - ROLL CALL. All Present. The Invocation was delivered by Bishop Jamaal Jackson, Pastor, Refreshing Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. CERTIFICATION OF CLOSED MEETING. (7-0) 14. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of winners of the 19th Annual Fire Prevention Week Art Contest. Mayor Lea, David Hoback, Fire Chief and Rachel Hale, Fire Prevention Specialist recognized the contest winners and presented certificates. Recognition of My City Academy Graduates. Mayor Lea and Katie Hedrick, Community Inclusion Coordinator, recognized the participants and presented certificates. Recognition of the Parks and Recreation Department's 2023 Youth Tackle Football Tournament Winners. Mayor Lea and Patrick Boas, Recreation Manager recognized the football teams. 15. PUBLIC HEARINGS: 1. Request of Local Environmental Agriculture Project, Inc., to (i) rezone property located at 1027 Patterson Avenue, S. W., from RM-2, Residential Mixed Density District, and CN, Commercial-Neighborhood District with conditions, to CN, Commercial-Neighborhood District, and (ii) repeal all conditions proffered as part of a previous rezoning on the same property enacted through Ordinance No. 34766-050100 relating to a restriction against outdoor advertising. Maureen Best, Executive Director, Spokesperson. Adopted Ordinance No. 42828-112023. (7-0) 2. Proposal of the City of Roanoke to amend the Roanoke Charter of 1952 to reflect a change in election dates and meetings of Council generally. Adopted Resolution No. 42829-112023. (7-0) 16. OTHER BUSINESS: 1. Petition for Appeal filed by Jeffrey Camp appealing a decision of the Architectural Review Board denying a request for the approval to install three historically accurate windows on the front facade and retain seven vinyl replacement windows on the sides and rear of the house, located at 1628 Patterson Avenue, S. W. Jeffrey Camp, Representative, Spokesperson. 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, Chair, Spokesperson. The Council voted to reverse the decision of the Architectural Review Board and deny the Certificate of Appropriateness. (4-3, Council Members White-Boyd, Volosin and Mayor Lea voted no) 17. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. If deemed appropriate, matters will be referred to the City Manager for response, recommendation or report to the Council. Laura Hartman, 1209 Campbell Avenue, S. W., appeared before the Council representing BRAG, to highlight the strategic planning of GRTC and asked the Council to support public transit. Kathleen Wooley, 3012 Ordway Drive, N. W., appeared before the Council representing BRAG, asked the Council to support public transit. Thomas Lewis, 3843 Red Fox Drive, N. W., appeared before the Council representing Friends of Washington Park, thanked the Council for not demolishing the cabin located in Washington Park. AT 8:39 P.M., THE COUNCIL MEETING WAS RECESSED TO RECONVENE ON TUESDAY, NOVEMBER 21, AT 8:30 A.M., AT THE RALEIGH COURT LIBRARY, 2112 GRANDIN AVENUE, S. W., FOR A BUDGET PLANNING RETREAT. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November 2023. No. 42821-112023. A RESOLUTION paying tribute to the Honorable John S. Edwards, and expressing to him the appreciation of the City of Roanoke for his exemplary public service to the Roanoke community and the Commonwealth of Virginia. WHEREAS, the City of Roanoke, Virginia, takes great pride in acknowledging the outstanding achievements and dedicated service of its distinguished residents; WHEREAS, Senator John S. Edwards,born on October 6, 1943, in Roanoke, Virginia,has consistently demonstrated unwavering commitment and exceptional leadership in service to his community, the Commonwealth of Virginia, and the United States of America; WHEREAS, Senator Edwards, a product of Roanoke City public schools and a graduate of Patrick Henry High School in 1962, has exemplified excellence throughout his educational journey, graduating cum laude from Princeton University in 1966 and obtaining his law degree from the University of Virginia Law School in 1970; WHEREAS, Senator Edwards has not only served his country with honor as a Captain in the U.S. Marine Corps from 1971 to 1973 but has also contributed significantly to the legal profession, including serving as United States Attorney for the Western District of Virginia, and practicing law with dedication and distinction; WHEREAS, Senator Edwards has been an active and engaged member of the Roanoke community, participating in numerous civic and professional organizations, demonstrating a commitment to the betterment of the region; WHEREAS, Senator Edwards has showcased unparalleled leadership in elected government service, having been appointed to Roanoke City Council in 1993 and subsequently elected as Vice-Mayor, and later winning a seat in the Senate of Virginia in 1995, where he has been re-elected multiple times and has served in key leadership positions, including Chair of the Judiciary Committee; WHEREAS, Senator Edwards has sponsored and championed notable legislation, addressing critical issues such as education, transportation, mental health reform, environmental protection, and renewable energy, leaving an indelible mark on the legislative landscape of Virginia; and WHEREAS, Senator Edwards has been recognized for his legislative leadership by various organizations, underscoring his significant contributions to the betterment of Virginia; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this resolution as a means of paying tribute to Virginia State Senator John S. Edwards for his outstanding service, unwavering commitment, and tireless efforts in advancing the interests and well-being of the citizens of Roanoke and the Commonwealth of Virginia. 2. The City Clerk is directed to forward an attested copy of this resolution to Virginia State Senator John Edwards with the appreciation of Roanoke City Council and the residents of Roanoke, Virginia for his exemplary service to the Commonwealth of Virginia. ATTEST: (1.&Lat.A.e -V74-66-1 _ _ City Clerk - 11/20/23,11:55 AM Owen McGuire, GCNA President,comments delivered to Roanoke City Council on November 20,2023:-Google Docs Owen McGuire, GCNA President, comments delivered to Roanoke City Council on November 20, 2023: The Grandin Court Neighborhood Association (the GCNA) is an independent Civic organization that is administered according to the GCNA Bylaws. Roanoke City has no authority in the governance of the GCNA. Roanoke City is disseminating disinformation by publishing a website using the name Grandin Court Neighborhood Association that lists Kenny Marn as the President. Roanoke City has been sent a cease and desist notification to correct the website.The people in the Grandin Court Neighborhood have their rights guaranteed by the U.S. Constitution to assemble peacefully and to petition their government.The GCNA is an independent civic organization that has been serving the Grandin Court Neighborhood for decades without interference or obstruction from Roanoke City. The GCNA met at the Raleigh Court Library on November 16, 2023 where a quorum of the GCNA membership elected a full slate of officers whose terms will commence on January 1, 2024 according to the newly revised GCNA Bylaws. The library is a better location for members to meet who have hearing issues like myself. The officers of the GCNA sent a Cease and Desist notification to Kenny Marn's group on October 21, 2023 with the instruction that the GCNA Facebook page be returned back to the GCNA officers. Instead of following the instructions from the GCNA officers, the GCNA Facebook page promoted an event for the election of the GCNA officers at the wrong location claiming that they had received a letter from the city instructing them to do so. The previous notice informed Kenny Marn's group that Roanoke City has no authority over the GCNA which is governed by the GCNA Bylaws. The officers of the GCNA have been consulting with a Professional Registered Parliamentarian to fulfill their fiduciary duties to govern the GCNA according to the Bylaws since June 2023. After receiving the letter from the city, the GCNA officers consulted with the parliamentarian. This was her response: "The old Bylaws... outlined a simple process for revising the Bylaws... The GCNA provided a complete copy of the proposed revision as well as all the relevant information about the meeting at which they were to be adopted to the membership. it looks like the revision was properly adopted at a regularly scheduled meeting on September 2.1, 2023. It is a basic tenet of parliamentary procedure that any amendment or revision of governing documents becomes effective immediately upon adoption. Robert's Rules of Order Newly Revised is vet j clear that the amendments or revision take effect immediately. 11/20/23,11:55AM Owen McGuire, GCNA President,comments delivered to Roanoke City Council on November 20,2023:-Google Docs l admit to being completely baffled by the city's letter requiring the organization to use Bylaws that are no longer in effect as the controlling document for the upcoming election. An organization is required to follow its adopted governing documents.... The only noticeable difference is in the definition of an active member. No organization would want to have people who are not members voting on officers, and it is a very important part of every organization's governing documents to specify who can vote in a meeting." The GCNA currently has 16 members. Kenny Marn has chosen not to be a GCNA member. The city needs to correct the website and to stop interfering in the governance of the GCNA. CITY OF ROANOKE /`117 "§ OFFICE OF THE MAYOR 215 Church Avenue. S.W., Suite 452 Roanoke Virginia 24011-1536 Telephone. (540)553-2444 '' Fax (540')553-1145 E-mail: MAYOR aROANOKEY A.GOV SHERMAN P.LEA,SR. Mayor November 20, 2023 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss the 2023 Citizen of the Year Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended. Sincerely, ' off•.. Sherman P. Lea, Sr. Mayor SPL:ctw ecoi • r CITY OF ROANOKE CITY COUNCIL 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 �.. Telephone: (540)853-2541 Fax: (540)853-1145 SHERMAN P.LEA,SR. E-mail: clerk@roanokeva.gov Council Members Mayor Joseph L.Cobb Luke W.Priddy Stephanie Moon Reynolds Vivian Sanchez-Jones Peter J.Volosin Patricia White-Boyd November 20, 2023 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: I wish to request that Council convene in a closed meeting to discuss a personnel matter, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, --(ji,uk/e71# Patricia White-Boyd, Chair City Council Personnel Committee PWB:ctw ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 20, 2023 Subject: A communication from the City Manager, requesting that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property located in the vicinity of the Highland Farms Road, N. W., and 1-581 Frontage Road, N. W., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 2.2-3711 (A)(3), Code of Virginia (1950), as amended. Background: The City Manager requests that Council convene in a Closed Meeting to discuss the disposition of publicly-owned property located in the vicinity of the Highland Farms Road NW and 1-581 Frontage Road NW, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to 2.2-3711 (A)(3), Code of Virginia (1950), as amended. Recommended Action: Concur in the request. Bob Cowell, City Manager Distribution: ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 20, 2023 Subject: Request to schedule a public hearing for Monday, December 18, 2023, at 7:00 p.m., or at such time as the matter may be heard, or at such other date and time as determined by the City Manager, to consider the lease of property to the Blue Ridge Zoological Society of Virginia, Inc. Background: Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing to authorize the leasing of City-owned property, designated as portions of tax map number 4070507, 4070521, and 4060505, to the Blue Ridge Zoological Society of Virginia, Inc. The Blue Ridge Zoological Society of Virginia, Inc. is a non-profit organization which leases property on Mill Mountain for the purpose of operating and maintaining the Mill Mountain Zoo. The term of the proposed lease is for five years, beginning January 1, 2024, and ending December 31, 2028. A City Council agenda report containing specific information regarding the proposed lease agreement will be provided to City Council as part of its agenda package for the public hearing. Recommended Action: Concur in the request. Bob Cowell, City Manager Distribution: Council Appointed Officers Angie O'Brien, Assistant City Manager Michael Clark, Director of Parks and Recreation CITY OF ROANOKE OFFICE OF THE CITY CLERK v.� � ' 215 Church Avenue,S.W.,Suite 456 VJ Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 21, 2023 Harwell M. Darby, Jr. Board Secretary Economic Development Authority Glenn, Feldmann, Darby, and Goodlatte 37 Campbell Avenue, S. W. Roanoke, Virginia 24011 Dear Mr. Darby: This is to advise you that Anita Reed has qualified as a member of the Economic Development Authority to replace Stephanie Wyatt-Jones for a four-year term of office commencing October 21, 2023 and ending October 20, 2027. Sincerely, 6.-tel-eAd • 971e-el Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Anita Reed, 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 Economic Development Authority to replace Stephanie Wyatt-Jones for a four-year term of office commencing October 21, 2023 and ending October 20, 2027; according to the best of my ability. (So help me God.) tv4 REED The foregoing oath of office was taken, sworn to, and subscribed before me by Anita Reed this day of I\CCN .rrl'Oe,r 2023. Brenda S. Hamilton, Clerk of the Circuit Court By � U , 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 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 21, 2023 Tina Carr Board Secretary Roanoke, Virginia Dear Ms. Carr: This is to advise you that Charlene Graves has qualified as a member of the Roanoke Arts Commission to fill the unexpired term of office of Whitney Johnson ending June 30, 2025. Sincerely, f6 6e,teltd Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Charlene Graves, 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 to fill the unexpired term of office of Whitney Johnson ending June 30, 2025, according to the best of my ability. (So help me God.) ; CHARLENE GRAVES The foregoing oath of office was taken, sworn to, and subscribed before me by Charlene Graves this i:3 day of rn e1 2023. Brenda S. Hamilton, Clerk of the Circuit Court By �'/2 �� "�' A f�. , Clerk oi 8°44 a CITY OF ROANOKE ..or- : OFFICE OF THE CITY CLERK ',' ° 215 Church Avenue,S.W.,Suite 456 L,- Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanakeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 21, 2023 Molly Hunter Board Secretary Roanoke, Virginia Dear Ms. Hunter: This is to advise you that Cameron Chase has qualified as a member of the Roanoke Neighborhood Advocates to replace Sunni Purviance for a three-year term of office commencing October 1, 2023 and ending September 30, 2026. Sincerely, 6.4-664t, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Cameron Chase,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 Neighborhood Advocates to replace Sunni Purviance for a three-year term of office commencing October 1, 2023 and ending September 30, 2026; according to the best of my ability. (So help me God.) CAMERON CHASE The foregoing oath of office was taken, sworn to, and subscribed before me by Cameron Chase this 0,3 day of\--\0(Jaini2023. Brenda S. Hamilton, Clerk of the Circuit Court By 0/ • Clerk cig t CITY OF ROANOKE ,dear-1`15,, OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 21, 2023 Chasity Means Board Secretary Roanoke, Virginia Dear Ms. Means: This is to advise you that Daniel Karnes has qualified as a member of the Blue Ridge Behavioral Healthcare, Board of Directors for a three-year term of office commencing January 1, 2024 and ending December 31, 2026. Sincerely, 66e-e-t-t; CO2e- Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Daniel Karnes, 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 Blue Ridge Behavioral Healthcare, Board of Directors for a three-year term of office, commencing January 1, 2024 and ending December 31, 2026; according to the best of my ability. (So help me God.) DANIE KAR The foregoing oath of office was taken, sworn to, and subscribed before me by Daniel Karnes this IiJ,v day of 2023. Brenda S. Hamilton, Clerk of the Circuit Court pe By ' , Clerk Aco CITY OF ROANOKE OFFICE OF THE CITY CLERK +�, ;, 215 Church Avenue,S.W.,Suite 456 !s�• , Roanoke,Virginia 24011-1536 t[ Telephone: (540)853-2541 Fax: (540)853-1145 CECELIA F.MCCOY,CMC E-mail: clerk@roanokeva.gov CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 21, 2023 Shaleen Powell Board Secretary Roanoke, Virginia Dear Ms. Powell: This is to advise you that Victoria Thornton has qualified as a member of the Roanoke Cultural Endowment, Board of Directors for a three-year term of office commencing January 1, 2024 and ending December 31, 2026. Sincerely, Cecelia F. McCoy, CMC City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Victoria Thornton, 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 Cultural Endowment, Board of Directors for a three-year term of office, commencing January 1, 2024 and ending December 31, 2026; according to the best of my ability. (So help me God.) VICTORIA THORNTON The foregoing oath of office was taken, sworn to, and subscribed before me by Victoria Thornton this 1 � day of kl(MA-kr-2023. Brenda S. Hamilton, Clerk of the Circuit Court Jerk of CITY OF ROANOKE 6vam t OFFICE OF THE CITY ATTORNEY ' f 464 MUNICIPAL BUILDING -� 215 CHURCH AVENUE, SW David L. Collins ROANOKE,VIRGINIA 24011-1595 Laura M. Carini Jennifer L. Crook Timothy R. Spencer TELEPHONE 540-853-2431 Kimberly Beamer City Attorney FAX 540-853-1221 Assistant City Attorneys EMAIL: cityatty@roanokeva.gov November 20, 2023 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Lea and Council Members: This is to request that City Council convene a closed meeting pursuant to Sec. 2.2-3711.A.7, Code of Virginia, to consult with legal counsel regarding proposed litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. With kindest personal regards, I am Sincerely yours, (a / of . Spencer / City Attorney LSC/l c: Robert S. Cowell, Jr., City Manager Cecelia F. McCoy, City Clerk 4,,,, 1),- .,,.. ,I ta 0 ( , - i „„... 1...) 41. 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Mill E D 4 X n D3Z3om = ZnZZO D3 O XD33r 7 X-a° -<m -Io - I- Z70Dm n.- w Z IT1 mCM.Hm � � 1 n �7o Z 70(73Z am m rn 0> mC 70 m =rCC1D m VC) PC n OZ ZZ V Z CmC_ _ Q y�Im C j --I C O Zmw Ll =om xm Nc . w -oZQCI3 mZ ^ Zmw m Cpci3 �m (0 m O mmil D A ° -1 z 0 Z r N D 0 m I- Z N 13 0 Z Cw I y +�. it .. k " ' 11 # A x c, i a y � r y .e. .t y' x'4 s. - I IIMMI 0 13) o 0 = C c 0 ZINN o o U' C C -• _• �r B 0 el •_ u) 4 :. i d X. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November 2023. No. 42822-112023. AN ORDINANCE amending and reordaining Chapter 2, Administration, Article XIV, Authorities, Boards, Commissions and Committees Generally, Division 2, Permanent Committees and Boards, Section 2-307 (c)Youth Athletics Review Board, Code of the City of Roanoke(1979) as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 2, Administration, Article XIV, Authorities, Boards, Commissions and Committees Generally, Division 2, Permanent Committees and Boards, Section 2-307 (c) Youth Athletics Review Board, Code of the City of Roanoke (1979) as amended, are hereby amended and reordained to read and provide as follows: * * * Section 2-307. Youth Athletics Review Board (c) Appointment and terms of members. Members of the youth athletics review board shall be comprised of five (5) seven (7) voting members. The five (5)seven (7) members shall be appointed by city council with two (2) members appointed based upon the recommendation of the city manager. After the initial term of appointment, if reappointed, the term shall be a three-year term. * * * 2. Pursuant to Section 12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: £ L - A-C.-Y-47 City Clerk. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 20, 2023 Subject: Amendment of the City Code to expand the Youth Athletics Review Board. Background: The Youth Athletics Review Board was established by City Council in 2021 to act as a liaison to City Council on all matters concerning youth team sports. The Board acts in a review and approval capacity in regards to the zone provider selection process; adjudication of Code of Ethics claims; review of bylaws for appropriateness and recommending updates as needed; and acting as a sounding board for youth sports activities and initiatives from the perspective of the community. The Board was initially composed of five (5) members, all of whom are selected at large by City Council. In an effort to provide a more diverse composition, current members of the Board have requested an expansion of two (2) additional at large members. Recommended Action: The Department recommends expanding the Youth Athletics Review Board to seven (7) voting representatives, all seven (7) of which will be appointed by City Council. Bob Cowell, City Manager Distribution: Council Appointed Officers Angie O'Brien, Assistant City Manager Michael D. Clark, Director of Parks and Recreation "\—)1''\\L'/' IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA AN ORDINANCE amending and reordaining Chapter 2, Administration, Article XIV, Authorities,Boards, Commissions and Committees Generally, Division 2, Permanent Committees and Boards, Section 2-307(c)Youth Athletics Review Board, Code of the City of Roanoke(1979) as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 2, Administration, Article XIV, Authorities, Boards, Commissions and Committees Generally, Division 2, Permanent Committees and Boards, Section 2-307 (c) Youth Athletics Review Board, Code of the City of Roanoke (1979) as amended, are hereby amended and reordained to read and provide as follows: * * * Section 2-307. Youth Athletics Review Board (c) Appointment and terms of members. Members of the youth athletics review board shall be comprised of five (5) seven (7) voting members. The five (5)seven (7) members shall be appointed by city council with two (2) members appointed based upon the recommendation of the city manager. After the initial term of appointment, if reappointed, the term shall be a three-year term. * * * 2. Pursuant to Section 12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November 2023. No. 42823-112023. AN ORDINANCE amending and reordaining Chapter 35—Water,Article II,Carvins Cove Natural Reserve, Section 35-19 Commercial Activities, Code of the City of Roanoke (1979), as amended;providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 35 —Water, Article II, Carvins Cove Natural Reserve, Section 35-19 Commercial Activities, as amended, is hereby amended and reordained to read and provide as follows: Sec. 35-19. - Commercial activities. No person shall engage in any commercial (for profit) activity within the Carvins Cove Natural Reserve,.without a permit and such activity must only take place in the parking lots or other area designated by the city. * * * 2. This Ordinance shall be in full force and effect upon its passage. 3. Pursuant to Section 12,Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. -_ ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 20, 2023 Subject: Amendment of the City Code to allow certain commercial activity at Carvins Cove Natural Reserve. Background: Since formally becoming a City park in 2004, Carvins Cove Natural Reserve has become a national destination for outdoor enthusiasts, specifically for mountain biking, with more than 60 miles of natural surface trails available for use. As a result of the availability of these trails, the Department of Parks and Recreation and other private providers have administered events and programs such as races, gear demonstrations, instructional clinics, and guided trips, just to name a few. City Code language currently prohibits any commercial activity within Carvins Cove Natural Reserve, which would preclude anyone except the Department of Parks and Recreation from administering the aforementioned activities. Knowing that the Department does not have the resources to offer all of these services, many events and programs will not be permitted if the City Code is not amended. Considerations: Commercial activity is currently allowed in all other City parks with a permit issued by the Department. In this regard, staff wish to bring Carvins Cove Natural Reserve in line with all other City parks. The Parks and Recreation Department has discussed this code change with Scott Shirley, Chief Operating Officer - Water Quality, with the Western Virginia Water Authority. Mr. Shirley is in agreement of the code change to allow commercial activity with the appropriate permit. Recommended Action: Amend the City Code to reflect the ability to conduct commercial activity in designated spaces with a permit issued by the Department of Parks and Recreation. Bob Cowell, City Manager Distribution: Council Appointed Officers Angie O'Brien. Assistant City Manager Michael D. Clark, Director of Parks and Recreation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINA The 20th day of November 2023. No. 42824-112023. AN ORDINANCE authorizing the City Manager or his designee to execute an Amendment to Deed of Restrictions, amending Sections 6(h) and 12 to permit loading docks to be constructed or located fronting the proposed street on the site and to clarify the approval of leases by the City only to apply to property located at 2002 Blue Hills Drive, N.E., Roanoke, Virginia 24012 (Tax Map No. 7230101); and pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. WHEREAS, when the City of Roanoke developed the Roanoke Centre for Industry and Technology (RCIT) in the 1980s, a set of Restrictive Covenants was imposed by deed on all properties that governed the resulting density, composition, and type of industrial development that could take place within the park. WHEREAS, the potential purchaser of 2002 Blue Hills Drive, N.W. (Tax Map No. 7230101) ("Property") has requested an Amendment to the Deed of Restrictions concerning Section 6(h) and Section 12 of said Restrictive Covenants, which amendments will apply only to the Property. THEREFORE BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager or his designee is hereby authorized to execute an Amendment to Deed of Restrictions to amend Sections 6(h) and 12 of the restrictive covenants for property located at 2002 Blue Hills Drive, N.E., Roanoke, Virginia identified as Tax Map No. 7230101 allowing for loading docks to be constructed or located fronting the proposed street on the site, and clarifying the approval of leases by the City. 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: - C City Clerk ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 20, 2023 Subject: Execution of Amendment No. 2 to the Deed of Restriction for an Addition to the Roanoke Centre for Industry and Technology. Background: When the City of Roanoke developed the Roanoke Centre for Industry and Technology (RCIT) in the 1980s, a set of Restrictive Covenants was imposed by deed on all properties that governed the resulting density, composition, and type of industrial development that could take place within the park. The potential purchaser of 2002 Blue Hills Drive, N. E. (Tax Map No. 7230101) ("Property") has requested an amendment to the Deed of Restrictions concerning Section 6(h) and Section 12 of said Restrictive Covenants, which amendments will apply only to the Property. Section 6(h) states that no loading docks shall be constructed or located fronting on any street or proposed street, or within any required setback areas. This request is being made to accommodate a proposed design which will contain loading docks facing an interior street to be constructed within the parcel, allowing for the most efficient design of its proposed facility. Two of the other existing parcels within RCIT presently have loading docks fronting streets within the park. Section 12 will be amended to clarify the City's approval of leases. Attached is a draft Amendment No. Two to Deed of Restriction for the Addition to the Roanoke Centre for Industry and Technology. Considerations: Section 13 of the Deed provides that such Restrictive Covenants may be waived, released, rescinded, modified, altered or amended by the City at the request and consent of owners of land or lessees of land of five or more years which comprise more than fifty percent (50%) of the acreage in the park, excluding land still owned by the City. The City has received the requisite number of consents from tenants to amend Sections 6(h) and 12 for Tax Map No. 7230101. The remainder of Section 6(h) concerning setbacks would remain unchanged. Recommended Action: Approve amendment of Sections 6(h) and 12 of the Deed of Restrictions for Tax Map No. 7230101 to permit loading docks to be constructed or located fronting the proposed street on the site and to clarify the approval of leases by the City. Adopt the accompanying measure authorizing the City Manager to execute the requested amendment to the deed of restriction; such amendment to be approved as to form by the City Attorney. Bob Cowell, City Manager Distribution: Distribution: Council Appointed Officers Angie O'Brien, Assistant City Manager Laura M. Carini, Senior Assistant City Attorney Marc B. Nelson, Director of Economic Development Prepared by: Laura M. Carini,Senior Assistant City Attorney VSB#83716 Office of the City Attorney Noel C. Taylor Municipal Building 215 Church Avenue, S. V.,Room 464 Roanoke,VA 24011 Exemption claimed: City of Roanoke, Virginia, is exempted from recordation and Grantor's taxes and fees pursuant to § 58.1-811(A)(3), (C)(4), Code of Virginia. Prepared by the Office of City Attorney Official Tax Nos. 7230101 Grantor: City of Roanoke, Virginia Grantee: City of Roanoke.Virginia AMENDMENT NO.TWO TO DEED OF RESTRICTION FOR THE ADDITION TO THE ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY THIS AMENDMENT NO. TWO TO DEED OF RESTRICTION FOR THE ADDITION TO THE ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY(this"Amendment")is made effective as of , 2023 (the "Amendment Date"), by the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia (the "City"). The following recitals are a material part of this Amendment: A. WHEREAS,. the City entered into a Deed of Restriction, dated April 2, 1992, recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke, Virginia, in Deed Book 1656, Page 00869, as amended by Amendment No. One to Deed of Restriction, dated February 15, 2012, recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke,Virginia,as Instrument= 120001472 in Deed Book 1612, Page 0073 (collectively, the "Deed"), which imposed certain restrictive covenants ("Restrictive Covenants") on real estate previously owned by the City and designated as Roanoke Official Tax Map No. 7230101, known as 2002 Blue Hills Drive N.E..Roanoke. Virginia. (the "Property"): B. WHEREAS. the Deed provides that if the record owner of the Property shall not have commenced construction of a building acceptable to the City after the expiration of three(3)years from the date of purchase of the Property from the City, then the City shall have the right and option to refund to said record owner of the Property the amount of the original purchase price paid to the City for the Property, and such record owner of the Property shall convey the Property back to the City; C. WHEREAS, the Deed provides that if any owner of unimproved property in the Centre (as defined in the Deed),or any portion thereof,shall desire to sell all or a portion of such property.the City shall have the first right and option to purchase such property (the"Purchase Option"); D. WHEREAS, the City conveyed the Property to certain owners subject to the Restrictive Covenants in the Deed; E. WHEREAS, Section 13 of the Deed provides that such Restrictive Covenants may be waived,released,rescinded,modified, altered or amended by the City at the request of and with the consent of the owners or lessees from the City of property for terms of five (5) or more years, or more than fifty percent(50%), in area. of the lots within that have been sold or leased by the City for development; F. WHEREAS, more than fifty percent (50%) in area of the owners of the Property have consented to this Amendment; G. WHEREAS. the City desires to amend the Deed with respect to that portion of Property owned by Blue Hills Drive, LLC, an Oregon limited liability company, legally described on Exhibit A attached hereto and incorporated herein by reference(the"Blue Hills Property"); and H. WHEREAS.the City now desires to amend the Deed in certain respects as more fully set forth herein. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants contained in this Amendment and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged. the City hereby agrees that effective as of the full execution of this Amendment.the Deed is hereby amended as follows: 1. Loading Areas. Section 6(h)of the Deed is hereby amended with respect only to the Blue Hills Property to read as follows: (h) Loading Areas. No loading docks or areas shall be constructed or located within any required setback areas. 2 Option to Repurchase in the Event of No Construction. Section 8 of the Deed is no longer applicable with respect only to the Blue Hills Property.Accordingly,Section 8 of the Deed is hereby deleted in its entirety and is of no further force and effect with respect only to the Blue Hills Property. 3. Option to Purchase. The City hereby waives its Purchase Option as set forth in Section 9 of the Deed with respect only to the Blue Hills Property. Accordingly. Section 9 of the Deed is hereby deleted in its entirety and is of no further force and effect with respect only to the Blue Hills Property. 4. Subdivisions and Leases. The second sentence of Section 12 of the Deed is hereby amended with respect only to the Blue Hills Property to read as follows: No purchaser from the City of property in the Centre shall lease such property without the prior approval of the City, which approval shall not be unreasonably withheld, conditioned, or delayed, and shall be limited solely to confirming that the proposed use of the property by the proposed tenant under the lease is consistent with the uses of the property permitted by the Deed. 5. Defined Terms. Capitalized terms used, but not defined, in this Amendment shall have the same meaning ascribed to such terms in the Deed. 6. Effect of Amendment. Except as expressly modified or amended by this Amendment, all terms, conditions, and provisions of the Deed are hereby ratified and confirmed and shall remain in full force and effect: provided,however, that any other provision of the Deed shall be deemed modified if and as necessary to give practical effect to the provisions of this Amendment. To the extent that the terms and provisions of this Amendment conflict with the Deed, the terms and provisions of this Amendment shall control. - 2 - 7. Counterparts. This Amendment may be executed in multiple counterparts.each of which shall be deemed an original, but all of which together shall constitute one and the same document. [Signature Page Folloii•s] - 3 - IN WITNESS WHEREOF, this Amendment has been executed by the City to be effective as of the Amendment Date, , as authorized by Ordinance No. -112023 adopted by the Council of the City of Roanoke on November 20, 2023.. CITY: CITY OF ROANOKE,VIRGINIA By: Robert S. Cowell, Jr.. City Manager The foregoing instrument was acknowledged before me this day of 2023 by Robert S. Cowell, Jr., City Manager of the City of Roanoke, for and on behalf of the City. My Commission expires: Notary Public APPROVED AS TO FORM Assistant City Attorney - 4 - EXHIBIT A Legal Description Parcel I: (APN: 7230101) ALL OF THAT CERTAIN PARCEL OF REAL ESTATE containing 48.2592 acres, more or less, known as (i) "Tract 1-A" as shown on the plat entitled "Plat of Survey Subdividing Tract 1 (73.308 Acres) (Map Book 1, Pages 2875-76) Property of the City of Roanoke, Virginia (D.B. 1610, Pg. 205) Creating Hereon Tract 1-A (49.417 Acres) and Tract H (17.482 Acres) and Dedicating a 5.959 AC. Parcel for the Right-of-Way of Blue Hills Drive, N.E. Extension and Dedicating a 0.123 AC. Parcel and a 0.327 AC. Parcel for the Right-of- Way of Mason Mill Road, N.E.", prepared by Lumsden Associates, P.C.. dated March 7, 2006, on record in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia, in Map Book 1, Page 2966; as amended by (ii) the dedication of 1.1582 acres, more or less, as shown on the plat entitled "Plat of Survey for the City of Roanoke, Tax Parcel #7230101, Creating Tract 1-A-1 (48.2592 acres), Deed Book 1610, Page 205, Map Book 1, Page 2966, Dedicating hereon 200' Right of Way 1.1582 acres for Blue Hills Drive, NE; a 15' public utility casement, 0.2290 acres, along newly dedicated right of way; and 20' storm drainage easements totaling 3151 square feet; and a temporary construction easement of 1.2021 acres, situated at 2002 Blue Hills Drive, N.E., Roanoke, Virginia," prepared by Hurt& Proffitt, Inc., dated April 30, 2018, and recorded in the Clerk of Circuit Court's Office for the City of Roanoke, Virginia as Instrument No. 180003952 ("Right of Way and Easement Dedication Plat") and known as Roanoke Official Tax Map No. 7230101. - 5 - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November 2023. No. 42825-112023. A RESOLUTION authorizing the City Manager's issuance of a Change Order to the City's contract with A.R. Coffey and Sons,Inc.,for changes in connection with the work on the Stormwater Capital Improvement Project Windsor Road. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or his designee is authorized to execute, for and on behalf of the City, in a form approved by the City Attorney, such additional Change Order to the City's contract with A.R. Coffey and Sons,Inc.,to remobilize and complete the project,as more fully set forth in the City Council Agenda Report dated November 20, 2023. 2. Such Change Order will provide authorization for additions in the work with an increase in an amount not to exceed$120,000.00,and an additional 90 days to complete the project. The amended total Contract amount will be $794,427.00. ATTEST: atAV--1,a, ti)14462-- (1__ City Clerk. __ _ ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 20, 2023 Subject: Execution of an additional Change Order to the contract with A. R. Coffey and Sons, Inc., for the Windsor Road, S. W., Stormwater Capital Improvement Project. Background: The City entered into a contract with A. R. Coffey and Sons, Inc. for $585,935.40. The contract is for the installation of approximately 1,875 linear feet of storm drain pipes and 15 storm drain structures, roadside and right-of-way improvements, and associated work along Deyerle Road, Mud Lick Road, and numerous private properties. Construction began on August 31, 2020. A 'Stop Work Order' was issued on April 13, 2021. This stoppage was due to the discovery of an unknown underground electric main located in direct alignment with a majority of the remaining storm drain construction. As of that date, approximately 445 linear feet of pipe and structures remain. Working with AEP, a Contribution-In-Aid-of-Construction Agreement was signed on February 15, 2023. AEP completed the relocation of the underground electric mains on June 1, 2023. As a result, the General Contractor has not been on site for over two years. Negotiations with A. R. Coffey and Sons, Inc. to remobilize and complete the project requires a Change Order No. 2 for $120,000. Considerations: Change Order No. 1 was issued on August 19, 2021 for $88,491.60. This amended the total Contract amount to $674,427. The approval of Change Order No. 2 will amend the total Contract amount to $794,427. These two change orders total $208,491.60, a 35.6% increase over the original contract amount of $585,935.40. As the new total Contract amount would be in excess of twenty-five percent (25%) of the original contract valuation, City Council approval is needed to process this Change Order No. 2. Recommended Action: Authorize the City Manager to execute an additional change order as mentioned above, approved as to form by the City Attorney, to the City's contract with A. R. Coffey and Sons. Inc., in an amount not to exceed $120,000 for additional construction services as well as an additional ninety days to complete the project. Funding is available in the project account 03- 530-3049, Windsor Drainage Improvements. 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 change orders to the above-mentioned contract with A. R. Coffey and Sons, Inc., as well as the contract itself. Bob Cowell, City Manager Distribution: Council Appointed Officers Sam Roman, Assistant City Manager Brent Robertson, Assistant City Manager/Director of Finance Ross Campbell, Director of Public Works Ian Shaw, Stormwater Utility Manager Joseph Judy, Civil Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November 2023. No. 42826-112023. AN ORDINANCE to appropriate funding from the Commonwealth, federal and private grant for various educational programs, amending and re-ordaining certain sections of the 2023-2024 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 2023- 2024 School Grant Fund Appropriations be, and the same are hereby, amended and re-ordained to read and provide as follows APPROPRIATIONS Original Budget Changes Requested Final Budget Personal Services 302-110-0000-0000-132T-61100-41121-3-01 $ 4,525,555.32 4,525,555.32 Personal Services-Parental Involvement 302-110-PINV-0000-132T-61100-41121-3-01 29,646.89 29,646.89 Benefits 302-110-0000-0000-132T-61100-42204-3-01 1,798,435.45 1,798,435.45 Benefits-Parental Involvement 302-110-PINV-0000-132T-61100-42204-3-01 2,268.05 2,268.05 Professional Development 302-110-0000-1000-132T-61100-43313-9-01 63,382.37 63,382.37 Purchased Services 302-110-0000-0000-132T-61310-43381-9-01 301,101.46 301,101.46 Purchased Services-Parental Involvement 302-110-PINV-0000-132T-61310-43381-9-01 35,652.58 35,652.58 Internal Printing-Parental Involvement 302-110-PINV-1000-132T-61310-44450-9-01 1,042.47 1,042.47 Travel 302-110-0000-1000-132T-61310-45551-9-00 24,915.11 24,915.11 Leases&Rental Equipment 302-110-0000-0000-132T-61310-45541-2-00 64,633.34 64,633.34 Miscellaneous Other Charges-Parent Involvement 302-110-PINV-0000-132T-63200-45583-2-01 1,344.79 1,344.79 Materials&Supplies 302-110-0000-0000-132T-61100-46613-2-01 708,464.76 708,464.76 Materials&Supplies-Parental Involvement 302-110-PINV-0000-132T-61310-46613-9-00 9,903.50 9,903.50 Supplement 302-110-0000-1000-199T-61310-41129-9-01 599,777.00 599,777.00 Social Security 302-110-0000-1000-199T-61310-42201-9-01 326,492.00 326,492.00 Prof Other Prof Services 302-110-0000-1000-199T-61310-43313-9-01 27,500.00 27,500.00 Trawl Mileage 302-110-0000-1000-199T-61310-45551-9-01 10,037.00 10,037.00 Travel Conventions/Education 302-110-0000-1000-199T-61310-45554-9-01 500.00 500.00 Professional Other Services 302-120-0000-1000-772T-61100-43313-9-02 15,000.00 15,000.00 $ 8,545,652.09 $ - $ 8,545,652.09 REVENUE Original Budget Changes Requested Final Budget Federal Grant Receipts 302-000-0000-0000-132T-00000-38010-0-00 $ 7,566,346.09 $ 7,566,346.09 Federal Grant Receipts 302-000-0000-0000-199T-00000-38714-0-00 $ 964,306.00 $ 964,306.00 Other Agency Receipts 320-000-0000-0000-772T-00000-33808-0-00 $ 15,000.00 $ 15,000.00 $ 8,545,652.09 $ $ 8,545,652.09 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 0--ecill-Als •J-' YI-114111f-- City Clerk ;11, • Roanoke .• City PUBC • . . xz . . � SCHOOLI LS November 20,2023 The Honorable Sherman P.Lea Sr.,Mayor And members of Roanoke City Council Roanoke,Virginia 24011 Dear Mayor Lea and Members of Council: As a result of official School Board action on Monday,November 13, 2023,the Board respectfully requests that City Council approve the following appropriation requests: New Appropriations Award Title I,Part A,Improving Basic Programs 2023-24 $7,566,346.09 Empowering Educators to Excel(E3+)2023-24 $964,306.00 Community Foundation Serving Western Virginia 2023-24 $15,000.00 On behalf of the School Board,thank you for your consideration. Sincerely, --R„-66L _Zs /ctir,(7zCry Rita S.Huffman,M.Ed. School Board Clerk pc: Cecelia Webb(original) Bob Cowell Tim Spencer Amelia Merchant Maryna Mabes Brent Robertson Erik Reinartsen(with details) Eli C.S.Jamison, Ph.D.,Chair • Joyce W.Watkins,Vice Chair Franny Apel • Diane M.Casola • Mark K.Cathey • Michael L.Cherry, II • Natasha N. Saunders 0:(540)853-2381 I F. (540) 853-2951 I R.O. Box 13145 I Roanoke,VA 24031 I www.rcps.info • ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 20, 2023 Subject: 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. Background: As the result of official Roanoke City School Board action on Monday, November 13, 2023, the Board respectfully requests that City Council appropriate funding in the total of $8,545,652.09 as outlined in this report. #1 The 2023-24 Title I, Part A, Improving Basic Programs grant provides federal assistance of $7,566,346.09 to Roanoke City Public Schools for schools with high numbers or percentages of children from low-income families to help ensure that all children meet challenging academic content and achievement standards. The grant period will end September 30, 2025. This is a continuing program. #2 The Empowering Educators to Excel (E3+) grant (year three of a three-year award) provides support and growth opportunities to teachers and school leaders in relatively small and/or rural schools across seven states and eight districts. With this grant, Roanoke City Public Schools will work to find and retain the best educators who will take part in professional training and peer coaching to improve their abilities and advance their professional development. The program will be fully reimbursed by federal funds of $964,306 and will end September 30, 2024. #3 The Community Foundation Serving Western Virginia has provided funding of $15,000 from its Community Catalyst Funds to support the Start on Success (SOS) Program. The SOS program allows students with disabilities the opportunity to combine instruction with work- based learning experiences and workplace readiness skills training to further discover abilities, career interests, and support needs in preparation for career choices. This is a new award. Recommended Action: We recommend that Council concur with this report of the School Board and adopt the attached budget ordinance to establish revenue estimates and to appropriate funding as outlined. Bob Cowell, City Manager Distribution: Council Appointed Officers Verletta White, Superintendent, RCPS Chris Perkins, Chief Operations Officer, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Deputy Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20`h day of November 2023. No. 42827-112023. A RESOLUTION approving and affirming retroactively the action taken by the Greater Roanoke Transit Company (GRTC) d/b/a Valley Metro to implement Fare Free Election Day Bus Service for Tuesday, November 7, 2023; and authorizing the City Manager to take any necessary action regarding such fare. WHEREAS, on November 20, 2023, the GRTC Board of Directors retroactively approved and adopted Fare Free Election Day Bus Service for Tuesday,November 7, 2023; and WHEREAS, GRTC has requested that City Council approve and affirm retroactively such fare pursuant to Section 34-22(a) of the Code of the City of Roanoke (1979), as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby approves and affirms retroactively Fare Free Election Day Bus Service for Tuesday, November 7, 2023, as adopted by the GRTC Board of Directors on November 20, 2023. 2. The Fare Free Election Day Bus Service was effective on November 7, 2023, and was fare free for those citizens looking to access their local polling location in order to cast their ballot. 3. The City Manager is hereby authorized to take any necessary action to accomplish such retroactive fare. 4. The City Clerk is directed to certify a copy of this Resolution to the General Manager of GRTC. ATTEST: 0..eed4i; Cli/U6* City Clerk. off 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@roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 22, 2023 Maureen Best, Executive Director Local Environmental Agricultural Project, Inc. 1027 Patterson Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Best: Enclosed is a copy of Ordinance No. 42828-112023 to (1) repeal all conditions proffered as part of a previous rezoning on property located at 1027 Patterson Avenue, S. W., Official Tax Map No. 1112009 enacted through Ordinance No. 34766-050100 relating to a restriction against outdoor advertising; and (2) rezone such property from RM-2, Residential Mixed Density District and CN, Commercial-Neighborhood District with conditions, to CN, Commercial-Neighborhood District. The above referenced measure was adopted by the Council of the City of Roanoke at the regular meeting held on Monday, November 20, 2023. Sincerely, toze_edat Cecelia F. McCoy, CMC City Clerk Enclosure c: Emily Clark, Secretary to the City Planning Commission CITY OF ROANOKE .�.-) OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 s - Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 E-mail: clerk@roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 28, 2023 Dear Adjoining Property Owners and Interested Parties: Enclosed is a copy of Ordinance No. 42828-112023 to (1) repeal all conditions proffered as part of a previous rezoning on property located at 1027 Patterson Avenue, S. W., Official Tax Map No. 1112009 enacted through Ordinance No. 34766-050100 relating to a restriction against outdoor advertising; and (2) rezone such property from RM-2, Residential Mixed Density District and CN, Commercial-Neighborhood District with conditions, to CN, Commercial-Neighborhood District. The above referenced measure was adopted by the Council of the City of Roanoke at the regular meeting held on Monday, November 20, 2023. Sincerely, (W&L19 J-* Cecelia F. McCoy, CMC City Clerk Enclosure c: Emily Clark, Secretary to the City Planning Commission McCoy Holdings LLC 1026 Rorer Avenue SW Roanoke, VA 24016 Local Environmental Agriculture Project Incorporated P. O. Box 3249 Roanoke, VA 24015 James E Reittinger 2111 South Elmeugene Street Greensboro, NC 27406 Adjoining Properties Owners and Interested Parties November 28, 2023 Page 2 Dilli Dahal HFHRV P. O. Box 6627 Roanoke, VA 24017 Lila Kadariya 601 S Belvidere Stret Richmond, VA 23220 City Of Roanoke Redevelopment And Housing Authority 2624 Salem Turnpike, NW Roanoke, VA 24017 1018 Patterson Lic 1116 Main Street, SW Suite B Roanoke VA 24015 Rithy Properties LLC 5611 Darby Road Roanoke VA 24012 Charles Gregory Mcnamara 3732 Red Bird Circle Roanoke, VA 24018 Walter T Beckner 3046 Carvins Cove Road Salem, VA 24153 AKC Properties LLC P. O. Box 13848 Roanoke, VA 24037 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November 2023. No. 42828-112023. AN ORDINANCE to (1) repeal all conditions proffered as part of a previous rezoning on property located at 1027 Patterson Ave SW, Official Tax Map No. 1112009 enacted through Ordinance No. 34766-050100 relating to a restriction against outdoor advertising; and (2) rezone such property from RM-2,Residential Mixed Density District and CN, Commercial-Neighborhood District with conditions, to CN, Commercial-Neighborhood District; and dispensing with the second reading of this ordinance by title. WHEREAS, Local Environmental Agriculture Project, Inc., has made application to the Council of the City of Roanoke, Virginia ("City Council") to (1) repeal all conditions proffered as part of a previous rezoning on property located at 1027 Patterson Ave SW, Official Tax Map No. 1112009, enacted through Ordinance No. 34766-050100 relating to a restriction against outdoor advertising and (2) rezone such property from RM-2, Residential Mixed Density District and CN, Commercial-Neighborhood District with conditions, to CN, Commercial-Neighborhood District, as set forth in the Zoning Amendment Application dated September 25, 2023; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke(1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS,a public hearing was held by City Council on such application at its meeting on November 20, 2023, 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 repeal of conditions and rezoning; and 1 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 repeal of conditions and the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided and all conditions repealed. 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 (1) repeal of all conditions proffered as part of a previous rezoning on property located at 1027 Patterson Ave SW, Official Tax Map No. 1112009 enacted through Ordinance No. 34766-050100 relating to a restriction against outdoor advertising; and (2) rezone such property from RM-2, Residential Mixed Density District and CN, Commercial-Neighborhood District with conditions, to CN, Commercial-Neighborhood District, and as set forth in the Zoning Amendment Application dated September 25, 2023. 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. 2 0 CITY COUNCIL AGENDA REPORT II -Acti-TO To: Honorable Mayor and Members of City Council Meeting: November 20, 2023 Subject: Application by Local Environmental Agriculture Project, Inc. to (i) rezone the property located at 1027 Patterson Ave SW, Official Tax Map No. 1112009, from RM-2, Residential Mixed Density District, and CN, Commercial-Neighborhood District with conditions, to CN, Commercial-Neighborhood District, and (ii) repeal all conditions proffered as part of a previous rezoning on the same property enacted through Ordinance No. 34766-050100 relating to a restriction against outdoor advertising. The entire parcel would hereafter be zoned CN, Commercial-Neighborhood District, without conditions. Summary: By a vote of 7-0, the Commission recommends approval of the zoning amendment request, finding that the Original Application is consistent with the general principles within the City's Comprehensive Plan, Hurt Park/Mountain View/West End Neighborhood Plan, and the Zoning Ordinance as the subject property will be developed and used in a manner appropriate to the surrounding area. Application Information: Request: Rezoning Repeal of Proffered Conditions Owner/Applicant: Local Environmental Agriculture Project, Inc. City Staff Person: Katharine Gray, Principal Planner Address: 1027 Patterson Ave SW Official Tax No: 1112009 Site Area: +/- 0.689 acres Relevant Plans: Hurt Park/Mountain View/West End Neighborhood Plan Proposed Land Use: Community market, general offices, and retail sales Future Land Use: Mixed residential use Filing Date: Original Application: September 25, 2023 Public Notification and Outreach: • Roanoke Times Legal Advertisement (runs two-consecutive Tuesdays) Required Public Notice - • Letters to Property owners abutting subject State of Virginia Code property (includes across street/alley) • Direct notice by mail includes neighboring localities if applicable Required Public Notice - • Posting a sign on the subject property with City of Roanoke Zoning hearing date and contact for additional Code information • Posting applications - applications received are posted on the PBD Board & Commission page, providing instant access to the full application and supporting documentation • CivicSend Notices - Email notification subscription to share information with citizens and stakeholders according to their PBD Outreach Beyond preferences. Land Use Applications touch State/City Code the inbox of subscribers at least 2 times - Sta RequirementsCityCo1) Application filed; 2) Agenda and Staff Report Posting; 3) Amended Information, if applicable • Neighborhood Leaders and Civic Stakeholders Email Notice - Direct email to leaders to share information; coincides with CivicSend Notices • CivicSend Notices for land use applications typically reach more than 1 ,800 subscribers • All applicants are strongly advised to PBD Recommended discuss project with area neighborhood Applicant Outreach organizations and/or civic leagues and adjoining property owners and/or tenants Applicant Outreach • Unknown. Background: The parcel under consideration has had many configurations, zoning, and uses. It was originally platted as four parcels that have been combined in various processes over subsequent years. The existing building on the western side of 2 the parcel was developed on the westernmost of the parcels in the 1920s for a neighborhood corner store with housing units on the parcels to the east towards 10`h Street. Those housing units were removed decades ago. In 2001 , the western portion of the property was rezoned from Light Manufacturing District to Commercial General District, with conditions, to allow for a church use. The zoning for that same portion was later changed in the 2005 Comprehensive Rezoning to Commercial-Neighborhood District while the zoning for the eastern portion of the lot was changed from Light Manufacturing District to Residential Mixed Density District. LEAP has operated the West End Market on Patterson Avenue within the neighborhood center area since 2010. They obtained the property at 2710 Patterson Avenue, made up of three parcels, in 2021 . LEAP renovated the historic building and moved their offices to the building in January 2023 and the market to open-air tents on the property in May 2023. LEAP combined the parcels into a single parcel and now desires to build a permanent community market on the eastern portion of the property, however, that use is not permitted within the portion of the property zoned RM-2, Residential Mixed Density District. Therefore, the applicant desires to repeal the existing proffered condition and rezone the entirety of the property to CN, Commercial-Neighborhood District, without conditions. Proposed Use/Development: The applicant proposes to rezone the parcel at 1027 Patterson Avenue SW to CN, Commercial-Neighborhood District, to enable the use of the entire parcel for neighborhood center type uses. The property has existing proffered conditions, enacted by Ordinance No. 34766-050100 that the applicant requests to repeal, as follows: 1 . That there be no outdoor advertising as defined by City Code36.1-25 allowed on premises. Outdoor advertising signs is not a use permitted within the CN District, so this change only removes an irrelevant proffered condition. The owner's intent is to leave the leave the existing renovated building and to create a new pavilion for the community market on the eastern portion of the parcel. The development would be subject to the form, scale, and massing allowed under the development standards for the CN, Commercial Neighborhood District. 3 Considerations: Compatibility with Surrounding Land Uses: The property requested to be rezoned is a mixture of zoning districts surrounded by multiple-purpose, industrial, and residential district zoned property. The rezoning to CN would permit low to moderate intensity commercial uses on the site in a manner that keeps uses and form of development appropriate in a commercial neighborhood center area. Zoning District Land Use North I-1 , Light Industrial Warehouse South RM-2, Residential Mixed Density Single-family detached dwellings East RM-2, Residential Mixed Density Warehouse with counter sales West CN, Commercial-Neighborhood Duplex; Contractor or tradesman shop The future land use plan from City Plan 2040 designates this area for Mixed Residential Use. Applicability/Appropriateness of Proposed Zoning District: The purpose of the CN District is to encourage a concentration of neighborhood scaled retail, office, and service uses, in clearly defined, compact areas in close proximity to residential neighborhoods. The regulations of the district are intended to control the scale of nonresidential buildings in a manner that makes them compatible with and appropriate for surrounding residential areas and to encourage a development pattern that consists of ground floor commercial uses with offices and residential uses on the upper floor levels. The district is intended to promote pedestrian-oriented development, with buildings located close to the street, pedestrian-scaled signage, main entrances oriented to the street frontage sidewalk, windows or display cases along building facades which face the street, and significant building coverage of the site. Although parking areas may be provided, they are generally limited in size and are deemphasized by their location on the site. This particular proposal would allow the expansion of the community market that occurs weekly on the western portion of the lot to the eastern portion of the lot. The development standards of the CN District will regulate the scale and uses to those appropriate to the surrounding neighborhood center and residential areas. Availability of Other Property: The proposed development is to be an expansion of the existing use on the western portion of the property into a permanent structure for the community market on the eastern portion of the property. As such, there are no other 4 properties immediately adjacent, other than those in the rezoning request, which are available, similarly situated, and zoned to allow this type of development. Consistency with Comprehensive Plan: Both City Plan 2040 and the Hurt Park/Mountain View/West End Neighborhood Plan encourages complete neighborhoods that provide goods and services that support a high quality of life for citizens. The small expansion of the neighborhood center area to allow the existing community food hub to expand, in a manner appropriate to the surrounding area, is consistent with this type of context-sensitive development to further develop a complete neighborhood. Policy/Action Plan Applicability to matter Policy 2: Support development of new Comprehensive Amending the zoning to be and strengthen existing mixed-used Plan', Livable CN, Commercial- neighborhood centers with locally Built Environ- Neighborhood District, distinctive physical, public places for ment Theme without conditions, allows the people to interact. entire parcel to be used for an expanded community food hub, a key part of a complete neighborhood. The development standards of the CN district will assure future development is appropriate for the area. H.C. Priority One: Wellness Comprehensive The proposed development Policy 2: Provide equitable access to Plan, Healthy would expand a local food health education, programming, and Community hub that can serve many resources needs of all users. Theme community members from the neighborhood center location. H.C. Priority Four: Access to Comprehensive The proposed development Affordable Healthy Food Plan, Healthy allows the expansion of a Policy 1 : Support public-private Community food hub at the neighborhood partnerships to improve access to Theme center along Patterson Ave healthy food and eliminate food SW, making healthy food deserts within the City easier to obtain for the community. Thirteenth Street Village Center: Neighborhood The proposed development The village center should be dense, Plane, slightly expands the compact in size, and identifiable. Uses Community neighborhood center to in the village center should generally Design include all of the parcel to be neighborhood-oriented commercial, Policies,pg. 41 . allow the expansion of the but should also contain some business that serves both the businesses that serve a larger market. neighborhood and City. The Live-work spaces and upper floor village center continues to ' City Plan 2040. City of Roanoke, 2020 Z Hurt Park/Mountain View/West End Neighborhood Plan. City of Roanoke. 2003 5 Policy/Action Plan Applicability to matter residential will be encouraged in the remain compact and village center. identifiable. Comments on Application: Planning Commission Work Session: The project was discussed at the Planning Commission work session with no particular comments. Interdepartmental Comments: General comments were provided from the Western Virginia Water Authority and the Planning Building and Development department related to: water and sewer availability, and the permitting process. Public Comments: No comments received. Public Hearing: No comments received. Conclusions and Recommendations: The principal consideration is whether the proposed rezoning is consistent with the general principles within City Plan 2040 and the Hurt Park/Mountain View/West End Neighborhood Plan. The proposed change allows for the continued redevelopment of property for a long-standing neighborhood food hub at Patterson Avenue and 1 1`h Street. The rezoning and repeal of proffered conditions so that the entire parcel is zoned CN, without conditions, is appropriate to the surrounding area and in keeping with the goals of these plans. GIA- /-7 to.h Glenn, hair y Planning Commission 6 Enclosure: Attachment A, Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager Angela O'Brien, Assistant City Manager Chris Chittum, Executive Director of Community Development and Placemaking R. Wayne Leftwich, Jr., Planning Manager Katharine Gray, Planning Commission Agent Timothy Spencer, City Attorney Laura Carini, Senior Assistant City Attorney Maureen Best, Local Environmental Agriculture Project, Inc. 7 8e '�� ri t t i PO l£l i l �OSttel 9f1:2ttt 9iliil 9. w IV �e�ee1� `ii �a iC e £4Stilt eeette3 govelti '"eiii '`'az' �� _ x T si! to tt" CU 11.0 LL 20Seee! 1�,7ii bit2tei '� e�JLt.iie Q 2ie2eei = o -.f0f4"tic i'rcl, S. iilzeii .> 01�Ziti m cn 9l�jele 20,c i!! c trmei, a aa 60iti m r sl97iii '�`+�L77 G L cc i��ie Oibti!! it! ," '' cccc_a ��,k lEe 4 �806iiitl � 80 tii Ze LObitii �.. tic! £71iii 9lbi!!! { , L0 iit . 9p ri yLi :::: ge � ! G7l'yn„� OLi2tti �i%:: i f904,tit- 90c;iit'"'�, <Q �� j° 5�A b0 'ii t `kiti l'a i0b ,^ I 'a .�, i 2t ;; -a,3 5f10£ttL tii! i tii y lib ? 4 £i? 97 4 m m !ei ) 4. K:t;i d, t9 i4�; ru. - t o� „�2tl�iii lt9ctii C�j a< r 9 v a i c V £p 0 4 L L b0 Z! —�� „ ,�, 4; i0 ; tii � zoo 'ii! - -ZpJ ltl '..`' a ' U U �,,o 60 i!i '" 91E i2! �.iipLYz:tll mut T x809£ ;LO(eiZ! 8010iZ !2i 0lZ �6iZ! blE 0 iz! st lZi 8090Z?ii ! ! L0 22! LO90Z7,I.Z0ZZlZ! £!?ZtZt `°�lZ! 90?ZlZb lOZZlZ! I ° i7! bi�12i° 8?5�c2i 9090Z1ibOQlZi _ o £t - ,ck `o SOYzZt 9090ZZt£OfZlZi r b0 iZt Z, Zt b05? S090ZZL£0 lliZO6zZi z z l2! ti0t i7i �, f , 954i £O7LZZ E090ZZ6O9EiZi '� d06iZi 6 Li9E 2!0( i?i -G Z04zz A Is 10 i2t F0 , 2CpeZtZi -= run o " l2t 0aZZ76gm 6© t2t dt&9otztZi bi z, '..o. o zl g v 4 I. le 0 nQe j7} ° �G i mei C r t i CNI 0 E .y, g, ?, e F. r 0 d r Q J a afd u° a 5 ° ° c o 0 i g .1 1 E ggit' l 0 l0~ 1 Q V 0,,, U 0 _ g s) ° 2 d (V M 8 K N ,f y `- O Z11 a 1 KI o 1 114,-;„ 011111:111 0 g--- .. 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 Click Here to Print Phone: (540)853-1730 Filing Date:25 September 2023 Submittal Number: Original Application Request�(slelect all'that apply): Rezoning, Not Otherwise Listed ©Amendment of Proffered Conditions ❑ Rezoning,Conditional ❑Amendment of Planned Unit Development Plan ❑ Rezoning to Planned Unit Development ❑Amendment of Comprehensive Sign Overlay District ❑ Establishment of Comprehensive Sign Overlay District Property information: Address: 1027 Patterson Ave SW Roanoke VA 24106 Official Tax No(s).: 1112009 Existing ❑ Without Conditions Ordinance Zoning: Commercial Neighborhood with Conditions ❑X With Conditions No(s).(If Ord#34766 and Residential Mixed Density applicable): ❑ Planned Unit Development Requested © Without Conditions Proposed Zoning: Commercial Neighborhood ❑ With Conditions Land Use: Community market,general offices,retail sales ❑ Planned Unit Development Property Owner Information: Name: Local Environmental Agriculture Project Inc Phone Number: +1 (540)339-6266 Add - : 1027 Patterson Ave SW Roanoke VA 24016 E-mail: maureen@leapforlocalfood.g' (404 ►1uYULIA- . , able: Atie�t`francow�aner):' Name: Phone Number: Address: E-mail: Apple antsSignahae: A o ea in 'tairatiit applicable):' Name: Phone Number: Address: E-mail: Authorized Agents Sgnauue: Zoning Amendment Application Checklist The following must be submitted for all applications: r/Completed application form and checklist. i✓Written narrative explaining the reason for the request. r✓Metes and bounds description,if applicable. ✓Filing fee. For a rezoning not otherwise listed,the following must also be submitted: FConcept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. For a conditional rezoning,the following must also be submitted: I— Written proffers. See the City's Guide to Proffered Conditions. Concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures. Please label as r 'development plan'if proffered. For a planned unit development,the following must also be submitted: ✓ Development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. For a comprehensive sign overlay district,the following must be submitted: ✓ Comprehensive,signage plan meeting the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordinance. For an amendment of proffered conditions,the following must also be submitted: Amended development or concept plan meeting the Application Requirements of item'2(c)'in Zoning Amendment Procedures, if applicable. r✓Written proffers to be amended. See the City's Guide to Proffered Conditions. IT/Copy of previously adopted Ordinance. For a planned unit development amendment,the following must also be submitted: ✓ Amended development plan meeting the requirements of Section 36.2-326 of the City's Zoning Ordinance. r Copy of previously adopted Ordinance. For a comprehensive sign overlay amendment,the following must also be submitted: ✓ Amended comprehensive signage plan meeting the requirements of Section 36.2-336(d)of the City's Zoning Ordinance. ✓ Copy of previously adopted Ordinance. For a proposal that requires a traffic impact study be submitted to the City,the following must also be submitted: ✓ A Traffic Impact Study in compliance with Appendix B-2(e)of the City's Zoning Ordinance. For a proposal that requires a traffic impact analysis be submitted to VDOT,the following must also be submitted: ✓ Cover sheet. ✓ Traffic impact analysis. ✓ 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. Re-zoning request Parcel ID: 1112009 (includes historical 1112009, 1112010, 1112011) Address: 1027 Patterson Ave SW Roanoke VA Owner: Local Environmental Agriculture Project, Inc Written Narrative a. Description of proposed use and development of the property LEAP purchased three parcels in November 2021 which included a building (parcel 1112009, zoned Commercial Neighborhood), adjacent lot(1112010, zoned Commercial Neighborhood), and adjacent lot (historical 1112011, zoned RM-2, Residential Mixed Density). As of May 2023, all three parcels have been combined into one plat,1112009. LEAP completed a historic reuse renovation of the building located at 1027 Patterson Ave and received the Certificate of Occupancy on January 9, 2023. The building, named The LEAP Hub, includes offices for LEAP staff, a community meeting room, food hub operations (aggregation and storage of locally produced food distributed via Farm Share, Community Produce Program, Mobile Market), a small format retail store (opening in 2024), and commercial food workspace to lightly process (dry, freeze) local produce (completing in December 2023). The West End Farmers Market(established in 2010) moved from its location at 1210 Patterson Ave to The LEAP Hub property in May 2023. Since May, market vendors have been setting up under tents in the lot adjacent to the building. The concept plan (see Concept Plan)for the property is to build an outdoor market pavilion, as a principal building, adjacent to the existing 2-story building. As noted in the Concept Plan, the pavilion will be designed with a Civic Yard in front of the pavilion. b. Justification for the change At the point of purchase in 2021, two of the parcels (1112009 and historical 1112010) were zoned Commercial Neighborhood with conditions and one parcel (historical 1112011) was zoned Residential Mixed Density. In 2000, two of the parcels (1112009 and historical 1112010) were rezoned from Light Manufacturing to Commercial Neighborhood with conditions that there be no outdoor advertising. This zoning change was proposed and approved to better meet community stated needs including "improve the aesthetic appearance of the property and...provide some additional stability in this mixed use area" (Roanoke City Ordinance#34766). Related to historical 1112011, which is located adjacent to Commercial Neighborhood zoned The LEAP Hub, aligns with the intention and use of the already zoned Commercial Neighborhood parcels (1112009 and historical 1112010). LEAP requests that given the Concept Plan and the location of historical 1112011, that historical 1112011 be rezoned to Commercial Neighborhood. As presented in the Concept Plan, the proposed use of this parcel meets the intention of the Commercial Neighborhood Zoning in that it"encourage[s] a concentration of neighborhood-scaled retail, office, and service uses, in clearly defined, compact areas in close proximity to residential neighborhoods." The Civic Yard (see Concept Plan) highlights the intention to "promote pedestrian-oriented development, with buildings located close to the street, LEAP Rezoning Application Narrative/1 pedestrian-scaled signage" and parking that is "limited in size and ... deemphasized by their location on the site." See below(Section e) for additional justification as related to the alignment with the Roanoke City 2040 Comprehensive Plan. c. Effect of the proposed amendment on the surrounding neighborhood LEAP has been working in the West End neighborhood since 2010. We have strong relationships with neighbors and business in West End Village and Hurt Park. In addition, since 2021, LEAP has been meeting one-on-one and in groups with residents, business owners, and neighborhood leaders to listen to and learn from them. A couple blocks from 1027 Patterson Ave., LEAP owns and manages the Hurt Park Community Garden. Since 2020, we have slowly been building relationships with Hurt Park residents and have worked collaboratively to identify priorities and incorporate them into the community re-design of the Hurt Park Community Garden. Since 2019, LEAP has worked with community partners to host monthly "West End Community Dinners" at 1210 Patterson Ave. These community meals provide time and space for people to gather, share a meal, and build relationships. The food and time to prepare the meal are donated by LEAP, Roanoke Co+op, and other community partners. LEAP's ongoing presence in the community and our slow and intentional process to build trust has helped us successfully transition into the property at 1027 Patterson Ave. Over the past year, we have met with neighborhood residents, market vendors, and market shoppers to develop the Concept Plan for the West End Farmers Market pavilion, which would span the part of the property that is zoned Commercial Neighborhood and Residential Mixed Density. LEAP staff will continue to meet with neighborhood residents and nearby businesses to review the Concept Plan and incorporate feedback prior to the Plan Review process. The West End Farmer Market pavilion structure will not increase traffic or noise in the neighborhood. Rather, the pavilion will increase the neighborhood amenities, in alignment with the 2040 Comprehensive Plan (see Section E). In addition, LEAP is in conversation with staff in City departments to implement ways to improve stormwater drainage around the property, slow down traffic on Patterson Ave, reduce traffic noise, increase street tree plantings, and support bicycle and pedestrian travel. d. Availability of other similarly zoned properties in the general area and in the City LEAP did an extensive search in the central city area, with a focus on West End, for properties that would meet our office and operational needs. We determined that 1027 Patterson Ave. property meets the current and future needs of LEAP and is in alignment with the 2040 City of Roanoke Comprehensive Plan (see Section e). The 1112009 and historical 1112010 parcels are zoned Commercial Neighborhood, in alignment with the current use. The adjacent parcels to the building are Commercial Neighborhood (A Cut Above) and Light Manufacturing (Roanoke Glass). The historical 1112011 parcel (zoned LEAP Rezoning Application Narrative/2 Residential Neighborhood) is functionally attached to the Commercial Neighborhood zoned parcels (1112009 and historical 1112010) and adjacent to the Automotive Fasteners commercial business. All of the parcels on the north side of Patterson Ave. between 1303 and 1101 are zoned Commercial Neighborhood except for this parcel, historical 1112011. e. Relationship of the proposed amendment to the City's Comprehensive Plan and the applicable Neighborhood Plan The future use of the historical 1112011 parcel, as listed in the Future Land Use Map, is identified as Residential Mixed Density. However, on the same side of the street, parcels on the three blocks to the west of historical 1112011 (including 1112009 and historical 1112010) are Commercial Neighborhood and parcels behind historical 1112011 are Light Industrial. In addition, the historical 1112011 parcel is adjacent to the West End Village Center(located at 13th and Patterson Ave., Future Land Use Map). And the parcel to the east of historical 1112011 (parcel 1112014), while zoned Residential Mixed Density is a commercial operation, Automotive Fasteners. Given the location of the historical 1112011 parcel, a change from Residential Mixed Density to Commercial Neighborhood will not negatively impact the aesthetics or current use of the neighborhood and surrounding parcels. In addition, in the Roanoke City 2040 Comprehensive Plan, there is a stated priority for the neighborhood-based services and priorities being offered at The LEAP Hub at the current location, as outlined below: Healthy Community: • Access to Affordable Health Food: Roanoke recognizes that many of its communities are located in a food desert and may not have access to fresh healthy foods. Policies for access to affordable health food focus on creating partnerships to increase the availability of such food and incentivizing their purchase. These include encouraging healthy eating through the school system,promoting existing food programs, and considering new incentives. • The LEAP Hub and Market Pavilion work directly to meet this priority. The West End Farmers Market creates a year-round access point for residents to purchase affordable, fresh healthy foods. LEAP (through our extensive fundraising) incentivizes the purchase of fruits and vegetables to help make them more affordable to people who have limited food budgets including those who participate in SNAP, WIC, Medicaid, CHIP, and seniors. Interwoven Equity: • Service Delivery: Roanoke recognizes that equitable service delivery is needed for a harmonious community. Policies for service delivery focus on removing barriers and providing quality services. These include preparing easily accessible information, developing varied and affordable housing options, and prioritizing infrastructure in areas of need. • The LEAP Hub helps make food more accessible to more people in Roanoke through the West End Farmers Market, the retail store (opening spring 2024), and the LEAP Mobile Market. Livable Built Environment: • Complete Neighborhoods: Roanoke recognizes the importance of neighborhoods that provide safe and convenient access to necessary goods and services. Policies for LEAP Rezoning Application Narrative/3 complete neighborhoods focus on pedestrian and bicycle access to daily needs for people of all ages and abilities • The LEAP Hub is centrally located and accessible to residents from Hurt Park and Mountain View. In addition, it is located on Patterson Ave, a major thoroughfare for people on foot, bike, bus, and car. Resilient Economy • Support Local Community Development:Roanoke recognizes the benefits of supporting local businesses and partners that invest in the community. Policies for supporting local community development focus on celebrating partners that support local development initiatives, encouraging community support programs, and providing education about these programs. • The LEAP Hub and Market Pavilion support local food and farming businesses in Roanoke City and surrounding region. Between programs that operate out of 1027 Patterson Ave., LEAP works with over 50 small businesses, most of which identify as SWaM. Metes and Bounds Description The 1027 Patterson Ave property was conveyed to Local Environmental Agriculture Project, Inc in two sales including the building (1112009 and historic 1112010) from Holston Holdings, LLC and the adjacent lot(historic 11120111) from McCoy Holdings, LLC. Using Instruments 210015858 and 210015857 respectively, they were both recorded in the Roanoke City Circuit Count on November 30, 2021. The legal metes and bounds for historic 1112011, the property to be rezoned, are as follows: Beginning at a point on the north side of Patterson Ave 214 feet west of A"Street; thence with said Avenue, N. 79° W. 61 ft. to a point; thence N 10°31 'E. 150 ft. to an alley; thence with said alley S. 79°E. 61 ft. to a point; thence S. 10°31 ' W 150 ft. to the place of Beginning, and being the eastern 11 of Lot 6, and the west 50 ft. of Lot 5, Block 25, according to the Rorer Map. The legal metes and bounds historic 1112010 are as follows: Beginning at the Northeast comer of Patterson Avenue and Eleventh Street,formerly "B" Street; thence with Patterson Avenue S. 79°E 64.0 feet to a point; thence N. 10°30'E, 150.00 feet to an alley; thence with said alley N. 79° W. 64 feet to Eleventh Street; thence with Eleventh Street S. 10°30' W 150 feet to the beginning, and being Lot 8, and a part of Lot 7 Section 25, according the E Rorer Map. The legal metes and bounds for 1112009 are as follows: Beginning at a point on the north side of Patterson Avenue 275.0 feet west of Tenth Street (formerly A Street); thence N. 10°30'E. 150.00 feet to a point on the South side of an alley; thence with said alley N. 79° W. 75.0 feet to a point on same; thence S. 10°30° W. 150.00 feet to a point on north side of Patterson Avenue; thence with the north side of Patterson Avenue S. 79°E. 75.0 feet to the place of Beginning, and being the east 36.0 feet of Lot No. 7; and 39.0 feet of Lot 6, Block 25, according to the map of F. Rorer Addition. LEAP Rezoning Application Narrative/4 This plat is located in an area of commercial and residential development. East of the property lies Auto Fasteners, Inc. South of the property is all residential.North of Property is Roanoke Glass, Inc. West is a combination of residential properties and commercial properties. Parcel 1110211 of 1027 Patterson Avenue (in 2000 rezoning, this parcel was referred to as 1031 Patterson Ave, on the deed, this property is referred to as 1013 Patterson Ave) has had several owners and is believed to have always been an empty lot. No structure can be viewed on historical maps available on the Roanoke City GIS Real Estate website. The 1027 Patterson Ave property does lie within a 500-year FEMA Federal flood zone Firm Panel # 51161C0164G and is adjacent to a 100-year flood zone within a 1/16th mile to the Northwest; there are no adjacent National Wetlands. There are no records to indicate that the property is within close proximity of any coal sites. There are no surface water bodies on the Property. Surface drainage occurs via street flow into curb inlets and the city storm sewer system. The property is on the edge of the Commercial Neighborhood and Residential Mixed Density zones. Auto Fasteners, Inc. at 1009 Patterson Ave. to the east of the property is zoned Residential Mixed Density. A Cut Above Landscaping to the west of the property is zoned Commercial Neighborhood. The residential homes to the south (directly across Patterson Ave.) are Residential Mixed Density, with the majority of the homes built by Habitat for Humanity in the last eight years or owned by The City of Roanoke Redevelopment and Housing Authority. The predominant use of the immediate neighborhood is commercial/residential buildings. The adjoining and surrounding sites' usage is commensurate to that of LEAP's current usage. 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W ' L m I Y WO_H w / o Q O TLL \ N 3 w Z = O a Q w LL / a \ \ O \ 0Z o O c- O°Y Q o Z Z o W'd m -/ w z v �� ---- — — — '1 ' [,sce£] k I o JJ =z I = I, H o 7, ::„,.; aro a L [6Z911 - .'i a . ,� ,�00,OE 00l N .0-S( ,9-,L1 A-- zp oa �''':''''''''''' 0 o a IDNI) Vd 2f0ON9A/NOi11Vd 133211S NOl a a AVMd01HJI21,OS 5- - MS 1S H111 w r Y • Q Z H —U ILI d Ol W= Re-zoning request Parcel ID: 1112009 (includes historical 1112009,1112010, 1112011) Address: 1027 Patterson Ave SW Roanoke VA Owner: Local Environmental Agriculture Project, Inc Written Proffers The applicant hereby requests that the following proffered condition(s) enacted by Ordinance No. 34766 be repealed as it/they pertain(s) to Official Tax No(s). and 1112009. 1. "That there be no outdoor advertising as defined by City Code 36.1-25 allowed on premises." LEAP Rezoning Application IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of May, 2000 . No. 34766-050100 . AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 111, Sectional 1976 Zone Map,City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, James J. Walker, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM,Light Manufacturing District,to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on April 17, 2000, after due and timely notice thereof as required by §36.1-693, 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 the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, 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§36.1- 3,Code of the City of Roanoke(1979),as amended, and Sheet No. 111 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Two adjoining tracts of land located at 1031 Patterson Avenue, S.W.,and designated on Sheet No. 111 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1112009 and 1112010,be, and are hereby rezoned from LM, Light Manufacturing District, to C-2,General Commercial District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on March 16,2000,and that Sheet No.111 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:1ORD-REZ\O-Rex•Walks-4-17-00 Roanoke City Department of Planning and Community Development • RECEIVED Room 166, Municipal Building ._ .: p 215 Church Avenue, S.W. Roanoke,Virginia 24011 VIRGINIA,CHARTERED 1882 ,�, (540)853-2344 (Fax)853-1230 00 April 17, 2000 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Request from James J. Walker,represented by Sam Garrison, attorney, that properties located at 1031 Patterson Avenue, S.W.,being Official Tax Nos. 1112009 and 1112010,be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. Background: The properties requested for rezoning are located on the northeast corner of the intersection of Patterson Avenue S.W., and 116 Street S.W. A building formerly used for the sale of antique furniture is located on tax parcel number 1112009 (see attached Map A). The subject properties are located within a LM, Light Manufacturing District. Zoning of the adjacent properties are: to the west, C-2, General Commercial District; to the north and south, RM-2, Residential Multi-Family District; and to the east, LM,Light Manufacturing District. The previous use of this property for retail sales,was a non-conforming use. The applicant is requesting that the subject properties be rezoned from LM to C-2 in order to allow for the future use of the property as a church or place of worship. Planning Commission public hearing was held on Wednesday, March 15, 2000. Upon questions by the Commission relative to potential use of the property for outdoor advertising purposes,Mr. Garrison verbally agreed to submit an amended petition proffering that no outdoor advertising would be allowed on the subject properties. Mr. Garrison subsequently filed an First Amended Petition to rezone on March 16, 2000. Considerations: Comprehensive plan recommends that the City protect and retain industrially-zoned properties in cases where such properties have a reasonable or significant potential for future industrial development. In consideration of the mixed use character of the area surrounding the above- described properties, however, the Department of Economic Development and Grants, does not Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Members of Council Page 2 April 17, 2000 however,the Department of Economic Development and Grants, does not consider this property to have a reasonable or significant potential for future industrial development. Use of the property for the establishment of a church,will hopefully, improve the aesthetic appearance of the property, and could possibly provide some additional stability in this mixed use area. If the properties are rezoned as requested, the applicant will automatically be required to obtain a certificate of occupancy for a change of use on the property. In order to obtain this certificate of occupancy the applicant will have to provide for any and all additional needs that may be required for the new use, including off-street parking requirements. Recommended Action: By a vote of 7-0, the Planning Commission recommends that City Council approve the applicant's request to rezone the described property from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission attachments cc: Assistant City Attorney Talevi Attorney for the petitioner V I R G I N I A : IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: First Amended Petiton for Rezoning Rezoning of two adjoining tracts of land, being Pt Lot 6 and Lots 7 and 8, Block 25, Map of Rorer, Tax Map Numbers 1112009 and 1112010, from LM, Light Manufacturing, to C-2, General Commercial District . TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, JAMES J. WALKER, owns land in the City of Roanoke containing 0 .480 acres, more or less, located at 1031 Patterson Avenue, S .W. , Roanoke, Virginia 24016, Tax z .av, o I40 iC40N t7. Map Numbers 1112009 and 1112010 , respectively. The said .. _ c a �, a67i t .5 'T t s tracts are currently zoned LM, Light Manufacturing. A site w a. °, plan is attached as Exhibit 1 . A map of the area in which d� k M W d a the property is located is attached as Exhibit la. Pursuant to § 36 . 1-690, Code of the City of Roanoke (1979) , as amended, the Petitioner requests that the said property be rezoned from LM, Light Manufacturing, to C-2, General Commercial District, for the purpose of a church with adjoining parking. The Petitioner believes the rezoning of the said tracts of land will further the intent and purposes of the City' s Zoning Ordinance and its comprehensive plan, in that the use of the property for church and parking purposes will serve the overall needs of a mixed commercial/residential neighborhood, there being other churches within a few blocks nearby, and will increase the value of these tracts and of adjacent land. The Petitioner hereby proffers and agrees that, if the aforesaid tracts are rezoned as requested, the rezoning will be subject to, and the Petitioner will abide by, the following condition: That there be no outdoor advertising, as defined by Roanoke City Code § 36 . 1-25 , allowed on the premises . Attached as Exhibit 2 are the names, addresses, and tax numbers of the owner or owners of all lots or property immediately adjacent to, or immediately across a street or road from, the property to be rezoned. in d o ,o WHEREFORE, the Petitioner requests that the above- o r +n N r4 7, �q described tracts be rezoned as requested in accordance with o w 3 o x v oNo � �+-7 � O NOS + _•W ly et " d d .'g � M the provisions of the Zoning Ordinance of the City of 0 a ,,. 'v v e « o ' , +n a �;r g Roanoke . cn wa o da o cF This First Amended Petition for Rezoning r4 a respectfully submitted this 16th day of March, 2000 . Respectfully submitted, JAMES J. WALKER, Petitioner /j00"..-- Ae1,44. --- By Counsel SAM GARRISON, ESQUIRE VSB No. 03377 1031 First Street, Southwest Post Office Box 45 Roanoke, Virginia 24002-0045 Telephone (540) 982-1776 COUNSEL FOR THE PETITIONER 2 AMES J. ALRER, Petitioner, who re 'des at L/A14 Elm Avenue, S.W. Roanoke, Virginia 24016 oV> c 00 o11 N a r oa c ,n v r 1� 4J C.) .S if) M o � 0 w 4 n p cA � iwp°, odw d off .. a 3 . ,s+e,-t r g i r / ..)._________L 76 ' ./,z 9,- I r(0.00i. !llze idJ11 t,) ,, S �' .► M1 A 1 ti 7 .b r ..,,, c io , J, d A 't t.. H y 7 !u - I 'I i S lK .S;.-t„t-7,-i4 7/ Tz.-.7 ,v r7-e- Roanat!e.City GIS http://www.webgismet/scripts/esritnap.dIrname=RoacyPlusl& E chiadT --- (Parc-- — i ..__ . elcel ilOwner (Instr.No k Acress i EN IO - %ECK ENTERPRISES I(1112UU1 P O BOX 85618 142603180.515 i! RICHMOND,VA 23285 ____._, WALKER,DAMES J I 111.2009 1031 PATTERSON AVE SW 14370081 0.221 i ROANOKE, VA 24016 ,, WALKER 1112010! 1031 PATTERSON AVE SW 14370081 ,0 259 _ JAMES J ROANOKE, VA 24016 r EBB INVESTMENT CORPORATION 1 . ill 12011'%ECK ENTERPRISES 14260318 0.21 P O BOX 85618 r RICHMOND, VA 23285 .I !R E S, ETTIE A 111112601 2912 TENTH ST NW I 16480251.0.172 I ROANOKE, VA 24012 ! I 1HIGH COUNTRY CONTRACTORS INC ) 1112602 3645 LAKERIDGE CR I 9900779110.1721. 11TROUTVILLF, VA 24175 SMITH, RALPFI INC- 1.1 12603: 21.41 PATTERSON AV SWI 15550632'0 I721 ROANOKE, VA 24016 ! BEC ER, WALTL-R T_ -- - --..._:-----------------_ ,;.------. !1212908,BECKNER, ELIZABETH M i RT 5, BOX 164 15�31281 !0.043 SALEM VA 24153 MILLER,TROY YOUNG r 11212916,P O BOX 11541 II 17790985I 0.163 ROANOKE,VA 24022 BE ER, WALfiE1 & ELIZABETH M` 1212918 %BECKNER BOILER& SUPPLY CO 15331281 0.043 1118 SALEM AVE SW 1 ROANOKE, VA 24016 - I JOHN,MARIE PEARSON :, 11213608 P O BOX 365 14140236!i0 152 � FREDERICKSBURG, VA 22404 I DISCLAIMER:The information contained on this page is NOT to he construed or used as a"legal description".Map information is believed to be accurate but accuracy is not guaranteed.Any errors or omissions should be reported to the City of Roanoke Engineering Department.In no event will the City of Roanoke he liable for any damages,including loss of data,lost profits, business interruption,loss of business information or other pecuniary loss that might arise from the use of this map or the information it contains. 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Taylor Municipal Building 215 Church Avenue SW, Room 170 Roanoke, Virginia 24011 ROA N O K E Phone:mail 54lan 853 1730 an Email: planning��roanokeva.gov October 25, 2023 Dear Adjoining Property Owner and/or Interested Party, Application by Local Environmental Agriculture Project, Inc.to(i)rezone the property located at 1027 Patterson Avenue SW, Official Tax Map No. 1112009,from RM-2, Residential Mixed Density District, and CN, Commercial-Neighborhood District with conditions,to CN, Commercial-Neighborhood District,and(ii)repeal all conditions proffered as part of a previous rezoning on the same property enacted through Ordinance No. 34766-050100 relating to a restriction against outdoor advertising. The entire parcel would hereafter be zoned CN, Commercial-Neighborhood District,without conditions. The land use categories permitted in CN include residential; accommodations and group living;commercial; industrial; assembly and entertainment; public, institutional and community;transportation; utility; agricultural; and accessory,with a maximum density of one dwelling unit per 1,000 square feet of lot area. The comprehensive plan designates the property for mixed residential use. The proposed uses are community market,general offices,and retail sales. The complete application can be viewed on the Planning, Building, & Development website at https://roanokeva.00v/1088/Planning-Commission. The Roanoke City Planning Commission is scheduled to consider the application described above at its public hearing on Monday, November 13, 2023, 1:30 p.m. All persons wishing to address the Planning Commission must sign-up with the Secretary to the Planning Commission by emailing planninqRroanokeva.gov or by calling (540) 853-1730 by noon, November 8, 2023. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning agroanokeva.gov by noon, November 8, 2023. To determine if there are changes to the status of this request, please see the agenda package for the Planning Commission public hearing, which will be posted online at http://roanokeva.qov/1088/Planninq-Commission approximately one week prior to the hearing. If you have questions regarding the Planning Commission public hearing, please contact Emily Clark, Secretary to the City Planning Commission, at (540) 853-1730. Pending Planning Commission action, this application is expected to be before City Council at its public hearing scheduled on Monday, November 20, 2023, 7:00 p.m. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853-2541. These public hearings will be held in City Council Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW. Ver truly yours, Emily G. lark Secretary to the Planning Commission c: Cecelia F. McCoy, CMC, City Clerk Any person with a disability requiring any special accommodation to participate in the meeting should contact Planning, Building, & Development at(540)853-1730. The Roanoke Times I Account Number I Roanoke,Virginia 6011439 Affidavit of Publication Date CITY OF ROANOKE-PBD November 07,2023 Attn TINACARR 215 CHURCH AVE ROOM 166 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 11/16/2023 Legal Notices PUBLIC HEARING 2 x 11.00 IN 3,702.75 Publisher of the Roanoke Times I,(the undersigned)an authorized representative of the Roanoke limes,a daily newspaper published in Roanoke,in the State of Virginia,do certify that the annexed notice PUBLIC HEARING was published in said newspapers on the following dates: 10/31,11/07/2023 The First insertion being given... 10/31/2023 Newspaper reference: 0001451873 Billing Re esen 'v Sworn to and subscribed fore me this 7th Day of November 2023 Notary Public State of Virginia County of Hanover Richard A.Hun1=:y Notary Public My Commission expires Commonwealth of Virgi,:.a Notary Registration Nn 7 1 Commission Exp.Jan 3',2:24 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE My public hearings advertised herein will be held in the City Council Chamber,Fourth Floor,Room 450,Noel C.Taylor Municipal Building,215 Church Avenue SW,Roanoke, Virginia.All persons shall be afforded an opportunity to speak and state their views concerning all aspects of these matters. Any applcations will be digitally available for review online at httos://roanokeva,00v/2019/Commissions or may be obtained digitally by emailing planntna@roanokevagov. If you are a person with a disability who needs accommodations for any public hearings advertised herein,please contact the City Clerk's Office,(540)853-2541,by noon, November 3,2023. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke Planning Commission will hold a public hearing on November 13,2023,at 1:30 p.m.,or as soon thereafter as the matter may be heard, in the City Council Chamber,Fourth Floor,Room 450,Noel C.Taylor Municipal Building, 215 Church Avenue SW,Roanoke,Virginia,to consider the following application.The application is available for review online at httos,//roanokeva.gov2019/Commission or may be obtained digitally by emaihng ptennina@iroanokeva.oeg Ail persons wishing to address the Planning Commission must sign-up with the Secretary to the Planning Commission by emailing planninaffiroanokeva.gov or by calling (540) 853-1730 by noon, November 8, 2023.Written comments of interested persons will be received by the Secretary to the Planning Commission at Plentlinggrntingtmagy by noon,November 8,2023. Application by Local Environmental Agriculture Project,Inc.to(i)rezone the property located at 1027 Patterson Avenue SW,Official Tax Map No.1112009,from RM-2, Residential Mixed Density District,and CN,Commercial-Neighborhood District with conditions,to CN,Commercial-Neighborhood District,and(if)repeal all conditions proffered as part of a previous rezoning on the same property enacted through Ordinance No.34766-050100 relating to a restriction against outdoor advertising. The entire parcel would hereafter be zoned CN,Commercial-Neighborhood District, without conditions.The land use categories permitted in CN include residential; accommodations and group living;commercial;industrial;assembly and entertainment, public,institutional and community;transportation;utility;agricultural;and accessory, with a maximum density of one dwelling unit per 1,000 square feet of lot area.The comprehensive plan designates the property for mixed residential use.The proposed uses are community market,general offices,and retail sales. Emily G.Clark,Secretary,City Planning Commission City Council will hold a public hearing on the aforesaid matter an November 20,2023, at 7:00 p.m.,or as soon thereafter as the matter may be heard,in the City Council Chamber,Fourth Floor,Room 450,Noel C.Taylor Municipal Building,215 Church Avenue SW,Roanoke,Virginia.All persons wishing to address City Council may sign-up online at www.roanokeva.gov/council.In order to sign up.the form to speak before City Council may be accessed under the tab"Sign tip Form to Speak Before Council"on the left of the screen.Sign up forms must be received by noon on November 20,2023. In the event the public hearing is conducted by electronic communication means due to the COVID-19 pandemic disaster,you will be notified by the City Clerk's O(8ce.For further information,you may contact the Office of the City Clerk at(540)853-2541. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on November 8, 2023, at 1:00 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, to consider the following applications.All persons wishing to address the Board of Zoning Appeals must sign-up with the Secretary to the Board of Zoning Appeals by emailing plannincssroanokeva.gov or by calling (540) 853-1730 by noon, November 7,2023.Written comments of interested persons will be received by the Secretary to the Board of Zoning Appeals at planninottroanokeva.00v on or prior to noon,November 7,2023. Application by Roger and Heather McDaniel far property located at 1510 ChurchAvenue SE and 0 Church Avenue SE,bearing Official Tax Map Nos.4211415 and 4211421, zoned RM-1,Residential Mixed Density District,for a special exception pursuant to section 36.2-311,Zoning,Code of the City of Roanoke(1979),as amended,to permit agricultural operations. Application by Leigh Frazure,for Blue Ridge Behavioral Healthcare,for property located at 3517 Brandon Avenue SW,bearing Official Tax Map No.5210103,zoned CG, Commercial-General District, for a special exception pursuant to Section 36.2-315,Zoning,Code of the City of Roanoke(1979),as amended,to permit an outpatient mental health and substance abuse clinic. Emily G.Clark,Secretary,City Board of Zoning Appeals The City of Roanoke provides interpretation at no cost for all public meetings,upon request If you would like to request an interpreter,please let us blow at least 24 hours in advance by calling(540)853-1283. La Ciudad de Roanoke proporciona interpretaacion sin costo per todas citas pciblicas, previa solicit ud.Si usted desea soicitar un interprete,haganoslo saber con al menos 24 horns de antelacidn per gamer(540)853-1283. Jiji la Roanoke hnatoa huduma ya ukaimani bin malipo katika mikutano yote ya umma,inapoombwa.Mrapo ungependa kuomba mkagmard,tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540)853-1283. lSs.n'.--+ ,.(Sue)a33-I.S3:r .-,_,.,.4..n.4..+.:i.x.:24,A:.'.w...�.u�:,..,; PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, Fourth Floor, Room 450,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. 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 at https:%/roanokeva.gov/2019/Commissions or may be obtained digitally by emailing planning@roanokeva.gov. If you are a person with a disability who needs accommodations for any public hearings advertised herein, please contact the City Clerk's Office, (540)853-2541,by noon, November 3, 2023. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Planning Commission will hold a public hearing on November 13, 2023, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Fourth Floor, Room 450,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia, to consider the following application. The application is available for review online at https://roanokeva.gov/2019/Commissions or may be obtained digitally by emailing planning ii,-roanokeva.gov. All persons wishing to address the Planning Commission must sign- up with the Secretary to the Planning Commission by emailing planning a,roanokeva.gov or by calling(540)853-1730 by noon,November 8, 2023. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning c,roanokeva.gov by noon, November 8, 2023. Application by Local Environmental Agriculture Project, Inc. to (i) rezone the property located at 1027 Patterson Avenue SW, Official Tax Map No. 1112009, from RM-2, Residential Mixed Density District, and CN, Commercial-Neighborhood District with conditions, to CN, Commercial-Neighborhood District, and (ii) repeal all conditions proffered as part of a previous rezoning on the same property enacted through Ordinance No. 34766-050100 relating to a restriction against outdoor advertising. The entire parcel would hereafter be zoned CN, Commercial-Neighborhood District, without conditions. The land use categories permitted in CN include residential; accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory, with a maximum density of one dwelling unit per 1,000 square feet of lot area. The comprehensive plan designates the property for mixed residential use. The proposed uses are community market, general offices, and retail sales. Emily G. Clark, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matter on November 20, 2023, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, Fourth Floor, Room 450,Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. All persons wishing to address City Council may sign-up online at \V\\\A.roanokevaQ,«\ council. In order to sign up, the form to speak before City Council may be accessed under the tab "Sign Up Form to Speak Before Council"on the left of the screen. Sign up forms must be received by noon on November 20, 2023. In the event the public hearing is conducted by electronic communication means due to the COVID-19 pandemic disaster, you will be notified by the City Clerk's Office. For further information, you may contact the Office of the City Clerk at (540)853-2541. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Board of Zoning Appeals will hold a public hearing on November 8, 2023, at 1:00 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, to consider the following applications. All persons wishing to address the Board of Zoning Appeals must sign-up with the Secretary to the Board of Zoning Appeals by emailing planning0 roanokeva.go‘ or by calling(540)853-1730 by noon, November 7, 2023. Written comments of interested persons will be received by the Secretary to the Board of Zoning Appeals at planning(a,roanokeva.2.ov on or prior to noon, November 7, 2023. Application by Roger and Heather McDaniel for property located at 1510 Church Avenue SE and 0 Church Avenue SE, bearing Official Tax Map Nos. 4211415 and 4211421, zoned RM-1, Residential Mixed Density District, for a special exception pursuant to section 36.2-311, Zoning, Code of the City of Roanoke (1979), as amended, to permit agricultural operations. Application by Leigh Frazure, for Blue Ridge Behavioral Healthcare, for property located at 3517 Brandon Avenue SW, bearing Official Tax Map No. 5210103, zoned CG, Commercial- General District, for a special exception pursuant to Section 36.2-315, Zoning, Code of the City of Roanoke (1979), as amended, to permit an outpatient mental health and substance abuse clinic. Emily G. Clark, Secretary, City Board of Zoning Appeals The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter, please let us know at least 24 hours in advance by calling(540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por llamar(540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu(540) 853-1283. ,-.1:1l.a:51 .-1J1:15 ceo) I�-I cs4°1-s"'U1vy 0.0 jA :11 c..51�u"ly.&_,]uUy.a JJ y�l uli.y 1-4(540) 853-1283 a o_) >,�":; )L 24 Jsl.v Please publish in newspaper on Tuesday, October 31, 2023, and Tuesday,November 7, 2023. Please bill and send affidavit of publication by USPS and via email to: Emily G. Clark Secretary to the Board of Zoning Appeals Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 170 Roanoke, VA 24011 (540) 853-1730 emily.clark@roanokeva.gov Emily G. Clark 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 emily.clark(roanokeva.gov Please send affidavit of publication to: Cecelia F. McCoy, CMC, City Clerk 215 Church Avenue SW, Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-1536 540/853-2541 susie.mccoy(roanokeva.gov IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of November 2023. No. 42829-112023. A RESOLUTION petitioning the General Assembly to amend the Roanoke Charter of 1952 to reflect a change in election dates and meetings of council generally. WHEREAS, pursuant to Virginia Code Section 24.2.222.1(A) City Council adopted an Ordinance No. 41625-111819, adopted November 18, 2019, to move the council election date from May to the November general election date of even-numbered years, commencing with the November 2020 general election date; WHEREAS, Virginia Code Section 24.2.222.1(A) allows a city to move the council election date from May to the November general election notwithstanding any contrary provisions of a city charter, the tenants of good government dictate that the City amend its Charter in accordance with Virginia Code Section 15.2-202 in order to reflect the change in the council election date adopted by City Council; WHEREAS, the required public hearing was conducted on November 20, 2023; and WHEREAS, after considering the matter and the comments made during the public hearing, Council desires to request the General Assembly to amend its existing Roanoke Charter of 1952. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Attorney is directed to petition the General Assembly to amend the Roanoke Charter of 1952 as follows to reflect such changes: * * * §4. Composition of council; terms of members; designation of vice- mayor; vacancies. The council as presently composed shall continue and shall consist of seven members, one of which shall be the mayor, all of whom shall be elected at large and shall serve for the respective terms as hereinafter provided. The members of council shall serve for terms of four years, from the first day of JJanuary next following the date of their election and until their successors shall have been elected and qualified. The mayor shall serve for a term of four years from the first day of JJanuary next following the date of election and until a successor shall have been elected and qualified; provided, however, that on the first Tuesday following the first Monday in May November, nineteen hundred seventy two two thousand twenty, and on such day each four years thereafter, three council members and a mayor shall be elected for a term of four years, and on the first Tuesday following the first Monday in lNovember, nineteen hundred seventy four two thousand twenty-two, and each four years thereafter, three council members shall be elected for a term of four years. The member of council receiving the largest number of votes in each regular councilmanic election shall be the vice-mayor of the city, for a term of two years, to commence on the first day of July January next following the date of such election and until the vice-mayor's successor shall have been elected and qualified. The council shall be a continuing body, and no measure pending before such body shall abate or be discontinued by reason of the expiration of the term of office or removal of the members of council, or any of them. No person may be a candidate for the office of mayor and for the office of council member in the same election. Vacancies in the council or vacancy in the office of mayor shall be filled within tforty-five days, and until the day upon which the terms of office of council members elected in the next following regular councilmanic election shall commence, by a majority vote of the remaining members of council, and if as much as two years of any such unexpired term of a member of council or of the mayor remains at the time of such next regular councilmanic election, a council member or a mayor, as the case may be, shall be elected at such election for the remaining portion of such unexpired term. * * * §10. Meetings of council generally. At two o'clock post meridian on the first Monday of July January next following each regular municipal election, or if such day be a city holiday, then on the day following, the council shall meet at the usual place for holding meetings of the legislative body of the city, at which time the newly elected council members shall assume the duties of their offices. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, provided, that it shall hold at least two regular meetings each calendar month, and it shall so order and schedule meetings as to promptly and orderly attend to the business and legislative affairs of the city. The mayor, any member of the council, or the city manager, may call special meetings of the council at any time upon at least twelve hours written notice to the mayor and each member, served personally or left at his usual place of business or residence; or such meeting may be held at any time without notice, on call of the mayor or the city manager provided at least five members of the council attend such meeting. All meetings of the council shall be public, and any citizen may have access to the minutes and records thereof at all reasonable times, except where the public interest may require closed meetings. * * * §16. Time of holding municipal elections. A municipal election shall be held on the first Tuesday following the first re e two thousand Monday in May November in �e+e�d�a�_�tyt- twenty, and every second year thereafter which shall be known as the regular election for the election of council members. * * * 2. The City Clerk is directed to provide a publisher's affidavit showing the public hearing was advertised and a certified copy of the governing body's minutes showing the action taken at the advertised public hearing to the members of the City's delegation to the General Assembly, with the request that they introduce a bill in the 2024 Session of the General Assembly to amend the Roanoke Charter of 1952. ATTEST: Ce&aci, J. 2 LL/64t_ City Clerk-.- { ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 20, 2023 Subject: Proposal of the City of Roanoke to amend the Roanoke Charter of 1952 to reflect a change in election dates and meetings of Council generally. Background: Attached for consideration is a resolution requesting the 2024 Session of the General Assembly to amend various sections of the present Roanoke Charter of 1952 to reflect changes made in election dates and meetings of council generally. As required by Se. 15.2- 202, Code of Virginia (1950), as amended, notice and an informative summary of the amendments desired has been published in a newspaper of general circulation in the city advising of the time and place of this public hearing. Recommended Action: The City's Legislative Committee recommends that Council adopt the attached resolution requesting the proposed amendments to the City Charter. If Council concurs and adopts the attached resolution, the State Code requires that the City forward the resolution and certain other documents to the City's legislative delegation with the request that a bill be introduced in the 2024 Session of the General Assembly to amend the Charter as proposed. r i r David Collins, Sr. Asst. City Attorney Distribution: Robert S. Cowell, City Manager Laura M. Carini, Senior Assistant City Attorney The Roanoke Times Account Number Roanoke,Virginia 6017304 Affidavit of Publication Date CITY OF ROANOKE COMMUNITY December 6,2023 DEVELOPEMENT Attn OFFICE OF CITY MANAGER 215 CHURCH AVE SW,ROOM 364 ROANOKE,VA 24011 Date Category Description Ad Size Total Cost 11/13/2023 Legal Notices NOTICE OF PUBLIC HEARING 2 x 0 00 IN 940.65 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: 11/13/2023 The First insertion being given... 11/13/2023 Newspaper reference: 0001455024 (j(i Billing Representative Sworn to and subscribed before me this 6th Day of December 2023 gt otary PubI si nn Johnson NO Y PUBLIC State of Virginia Commonw Ith of Virginia County of Hanover Registration No.8004299 My Commission expires My Comm.Exp.March 31,2026 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU O c ''G E = V 00 yO C-- p Ca0,cm U « Oc cpC� A't7 ci6cD is c >. oe7 ,n r. 1, n n Q c cyy °' m ,- � r � o ar vc $ m s,� �- 3o m' � 3 > Q ioE Qv , ao 0 ' : 2Uy Q € yEL O� .-". SOF- Uv� oc°, a�N Q u� � c u�t was :.` x Oct Lv , = 2C 6.N,�, h8 5m _ O 660- AJuj� >' -88E v, y c N p v -- ° G E v, m g) m N .m .d. C a ° O'4t , to ,' E m O .-j n9 v. - L+6 ' C.} y o V .0 O O Q� m mum N 0 t, 0.. 7 C' (4 o ,jam .. ° 0 o C o m C E 0 CI `. . 0,1 y C7 — « `�U `�'tia2i cm c.� � cui� VO �'. 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C 7 ro N 4 c} O w x .O E O 12 x +' {a o.- C .9 C2 C U N ° 6 y ° j 6Y y N - r O - - --- i3 c•a ° (1 0"' : UUo , E z ou la c— ° Omro ° t� _«fed �C �`Ec �D roa c )- m , m czcr: m c�r° 5 ;ac Om11 � U �? c oc m `� c'� CU uaa, _70 PCmto g UZ °") EvtntC � � E m6 SMo273n2>7 CO Q« c�i = h>° $nay 'a'� Uu `om ,- 3M ; i N F- a.0 U J a of L '7 E x x f6 NOTICE OF PUBLIC HEARING COUNCIL OF THE CITY OF ROANOKE,VIRGINIA NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke, pursuant to Section 15.2- 202, Code of Virginia(1950), as amended, will hold a public hearing on Monday, November 20, 2023, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the City of Roanoke shall have an opportunity to be heard to determine if such citizens desire Council to request the General Assembly of Virginia to make certain amendments to the Roanoke Charter of 1952, to acknowledge that the council election date has been moved from May to the November general election date of even-numbered years beginning with the general election in 2024. In accordance with Virginia Code Section 24.2.222.1(A), City Council elected to move the council election date from May to the November general election notwithstanding any contrary provisions of a city charter. The tenants of good government dictate that the City amend its Charter in accordance with Virginia Code Section 15.2- 202 in order to reflect the change previously taken by City Council to move the council election date from May to the November general election of even numbered years. Subsequently amending meetings of council generally and time of holding municipal elections. All persons wishing to address City Council must sign-up with the City Clerk's Office by emailing clerk@roanokeva.gov or calling (540) 853-2541 by 12:00 noon, on November 20, 2023. The full text of the proposed amendments to the Charter are on file in the Office of the City Clerk, 4th Floor, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. For further information on the matter, you may contact the City Clerk's Office at (540)853-2541. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853-2541, before 12:00 noon on Thursday, November 16, 2023. The City of Roanoke provides interpretation at no cost for all public meetings, upon request. If you would like to request an interpreter,please let us know at least 24 hours in advance by calling (540) 853-1283. La Ciudad de Roanoke proporciona interpretacion sin costo por todas citas publicas, previa solicitud. Si usted desea solicitar un interprete, haganoslo saber con al menos 24 horas de antelacion por llamar (540) 853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma, inapoombwa. Iwapo ungependa kuomba mkalimani, tafadhali tujulishe angalau saa 24 kabla kwa kupiga simu (540) 853-1283. LAL o�y 4.1.Ua ill jS s 93€.2:4 U (540) 853-1283 ,\ '� , 1' ; ; ,� 24 , ;.:,1 Given under my hand this 6th day of November, 2023. Cecelia F. McCoy, City Clerk. Note to Publisher: Please publish in full once in the Legal Section of the Roanoke Times, on Friday, November 10, 2023. Please send bill and affidavit of publication to: Cecelia F. McCoy, City Clerk. 4th Floor,Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 , 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@roanokeva.gov CECELIA F.MCCOY,CMC CECELIA T.WEBB,CMC City Clerk Deputy City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk November 22, 2023 Jeffrey Camp 1628 Patterson Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Camp: Your Petition of Appeal in connection with the decision of the Architectural Review Board at its meeting on September 14, 2023, to deny the issuance of your Certificate of Appropriateness for property located at 1628 Patterson Avenue, S. W. The Board found that your request to install three historically accurate windows on the front façade and retain seven vinyl replacement windows on the sides and rear of the house, located at 1628 Patterson Avenue, S. W., was not consistent with the H-2 Architectural Design Guidelines. Based upon the evidence (testimony and documents) presented to the Council at its November 20 meeting, the decision of the Architectural Review Board be reversed and a Certificate of Appropriateness be issued to install three historically accurate windows on the front façade and retain seven vinyl replacement windows on the sides and rear of the house, located at 1628 Patterson Avenue, S. W., as set forth in the Application for Certificate of Appropriateness. Sincerely, �.aCbt-Q.t� �/ • c C4 Cecelia F. McCoy, CMC City Clerk c: Robert S. Cowell, Jr. City Manager Timothy R. Spencer, City Attorney Bill Mason, Chair, Architectural Review Board Jillian Papa Moore, Deputy Director of Planning, Building and Development Parviz Moosavi, Historic Preservation Planner Tina Carr, Secretary, Architectural Review Board 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): Jeffrey Camp 2. Doing business as(if applicable): 3. Street address of property which is the subject of this appeal: 1628 Patterson Ave SW, Roanoke, VA 24016 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-2 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: 9/14/2023 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): 36.2-331 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: Request to install 3 historically accurate windows on the front facade and retain 7 vinyl replacement windows on sides and rear of house. 8. Grounds for appeal: Please see attached letter. 9. Name,title, address and telephone number of person(s)who will represent the Petitioner(s)before City Council: Jeffrey Camp 1628 Patterson Ave SW, Roanoke, VA 240iti, 214-636-8478 WHEREFORE, your Petitioner(s)requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) Signature of Petitioner(s)or (If not Petitioner) representative(s),where applicable: mM#45 Sarah Collins Name: Name: Jeffrey Camp p (print or type) (print or type) Name: �_ Name: q-a(1-)3 (print or type) or pe) TO BE COMPLETED BY CITY CLERK. Received by: _r_ Date Roanoke City Council 215 Church Ave SW Roanoke,VA 24011 Dear City Council Members, I am writing today to appeal a decision made by the Architectural Review Board (ARB) regarding my home in the H-2 Historic District at 1628 Patterson Ave SW on September 14, 2023.The decision was regarding an application to install three fully rebuilt,historically accurate wooden windows on the front facade of the home and retain seven vinyl replacement windows already installed on the sides and rear of my home. After consulting with Roanoke's Historical Preservation Planner(HPP) in April of 2022 I applied for and received permission to begin repairs on all ten windows on the second floor of the home. I was quite clear at the time that I would be pulling these windows down,stripping them and evaluating what was and wasn't salvageable.After completing that process I reached back out to the HPP via email (attached)and informed them that in my estimation there were enough salvageable pieces to reconstruct three windows and those would still require extensive rebuilding. I explained that unfortunately the others had been allowed to deteriorate too much over the years and would simply need to be replaced. Because I knew that the visual aspects of these windows were important to the Historical overlay, I said I would place the rebuilt historic windows on the street facade and begin installing replacements in the rear of the home built to mimic the original size and shape as closely as possible,continuing around the sides once I had perfected the sizing and shape. In response I received an email saying"These all sound good to me". He did not specify any brand, model, style or any other requirements for the replacement windows. He did not advise me to submit a new Certificate of Appropriateness(COA)application for replacement of windows rather than repair. His only additional note was to advise me to reach out to the permit department and add the work to an existing permit.Given this seemingly positive response I proceeded in good faith, believing that if I did my best to match the original side and rear windows while rebuilding the front windows by hand to their exact historical specifications, all parties would be satisfied. Some members of the Architectural Review Board have taken issue with the materials I chose and said that I should have known better than to install vinyl windows on the sides and rear of the home. However,of the seven other homes on my street five of them have similar vinyl windows installed.Additionally,four of the homes on my street have either vinyl or metal siding which is obviously far more impactful. In all there is only one house on the block that maintains its original historic appearance with no major modifications. In this context,along with the guidelines stating "a wider range of appropriate materials and designs are allowed to the rear of properties and areas not readily visible from the street" my decision to use an economical and energy saving material,sized and shaped to mimic the original windows on the sides and rear of the home, seems quite reasonable to me. I learned at one of these ARB meetings, roughly a year after I had already replaced the windows in question, that the board actually maintains a list of acceptable replacement windows.A fact that was not revealed to me during any of my many correspondences with the HPP.After finally receiving this list I did research those window models and received quotes for having them built to the same exacting specifications I used previously, so as to comply with H2 guidelines.The cost is roughly 7 times as much per window. It is worth noting that these windows are also not built from historically accurate materials.The exterior surfaces are clad in aluminum, not wood. While I did choose to use windows made from non-original materials on the sides and rear of the home, I took great care to mimic the size and shape of the original windows per page 20-21 of the H-2 Guidelines on Windows and Doors, "If replacement is warranted based upon severe deterioration of sashes or framing, window sash and glazing sizes may not be reduced more than 10%from the original sash and glazing size." The sash and glazing sizes are virtually identical to the original and I was able to conceal all of the support and flashing for these windows inside the original wall and trim.When combined with the simpler profile matching the straight lines and right angles of the original windows,this makes the new replacement windows a nearly identical match in all aspects other than material. It is also worth noting that this is an interior lot. My home sits 12ft from the neighboring home on the left and 15 ft from the home on the right, and these windows are anywhere from 17ft to 25ft from ground level, making sightlines to these windows nearly nonexistent. Photos of my home, including of the windows in question are attached to this appeal. On August 2nd of this year I was advised by the HPP to submit a new COA application for this project. I also had the HPP out to the house to personally inspect the historically accurate windows that I rebuilt to be installed on the front facade,which he seemed quite pleased with.On August 7th I submitted my new application using the phrasing and language suggested by the HPP. Despite this the ARB denied my application at the September 14th meeting. At this meeting some board members made comments about how closely the replacement windows matched the original.They themselves mentioned that while the actual material was different,the size, shape and overall appearance are quite accurate.Another noted that because of the tightness of this interior lot all of the replacement windows are in areas that are extremely difficult to see from public rights of way. Unfortunately these voices of reason were not enough to sway the rest of the board and my application was denied. When we took possession of this house it was in a state of neglect and disrepair. I'm an independent citizen, working on this house by myself, and doing my best to make it a home for my family while doing my part in revitalizing this neighborhood. In every step of the project of restoring and renovating this home, I have made sincere attempts to communicate with city officials and have obtained the proper permits and permissions for all the work I'm doing. I have even taken it upon myself to make many voluntary improvements to the historical accuracy of the home such as removing the old aluminum storm windows and taking out a chain link fence from the front yard. I intentionally prioritized those projects as a gesture of goodwill since they seemed to be particularly irksome to the HPP. Several other projects have already been completed to the satisfaction of the HPP,often at the cost of many thousands of additional dollars of expense incurred to meet Historical Overlay requirements. While I can understand and respect the desire of the ARB to maintain historical accuracy,the reality is that this neighborhood is rife with examples of updates far more impactful than this.This current dispute has already set the project back by 6 months and if the ARB decision is allowed to stand it will set us back several more months and add over 14 thousand dollars to the cost with no tangible benefit. I ask that you please reconsider this decision as I am eager to move forward,complete this phase of the project,and restore the façade of my home. Thank you for your consideration, Jeff Camp Pertinent email correspondence between myself and Historic Preservation Planner submitted for context. August 1, 2022 9:04am Good Morning Mr Moosavi, I ran into some contractor snags that slowed me down by a couple months, but we're back to work on the windows! I have gotten most of them pulled in and stripped down so I can evaluate the damage. There is extensive water and sun damage to ALL of these windows, luckily the damage varies from window to window, so I xdo have some parts to work with. I'm going to take what I can salvage from each and build them into fresh window units. The short version is that I feel pretty confident about getting windows#1, #2, and#3 rebuilt from the sashes and jambs I have. I'll need to rebuild sills for all three of them,but that will keep all of our front facing windows as original windows. I may be able to get a 4th window operational which I would put in the opening marked#10 or#4 on the map so as to keep it visible. As for the other windows,I don't know that I can salvage enough from them to get more up and running. Theres a lot of rot and splitting. With your blessing,I would like to begin replacing#5 -#9 with a replacement window. I would like to begin with#6 which is on the back of the house on the second floor.I believe that with the entire window unit removed I can size and place a replacement window to be far less visually impactful than it would be during a typical replacement window install, but as I said I'll be starting with the least noticeable unit first to make sure. Let me know what you think and I'll proceed. Thanks, Jeff August 1,2022 3:16pm Hi Jeff, These all sound good to me. I just wanted to make sure that you obtain a building permit for these. I didn't see anything related to window repairs/replacement on the City Permit System. You may add the proposed window replacement/repairs on your existing permits# RMRP22-0168 Please advise, should you have any questions' Thanks Parviz Moosavi, Historic Preservation Planner Planning, Building & Development Department Architectural Review Board Staff Report Page 5 of 8 1628 Patterson Avenue, S.W. September 14, 2023 .� s 's , . yt s - +{ s h s w 1 Y• , # .r '- - -e-,-,--',--",:',--"'",'"'",4"7" ''''"-- -"---,-:"--",,,.,k.:".:',"--liii-' ..:::-.:,",--",-::,..1,--,.:--.T,3/4.:', '14*PAV,, &:i..k '‘'"' ----' v 7 ,: I il ,. ,,..--„.-:.-7' ! 1-.-:.....,,,,1 } S .q -t. - + - -- t Y ..r t t w�\ Af -, Y? 'S P - Fki s`! Ts T " ,-.41s "+. ..,y F. i f ' .+ !`j �g _.' ! � "fit' g '.- Architectural Review Board Staff Report Page 6 of 8 1628 Patterson Avenue, S.W. September 14, 2023 p tO F t �j`.A r Si a Right side facade L sY. � to p i. 3 N. Left side facade Architectural Review Board Staff Report Page 7 of 8 1628 Patterson Avenue, S.W. September 14, 2023 , , „„ 11,,,,,,,:r7,,r,, ,,,,:,,,,:t,__5:„...,::::,,,,,,,,:,.,,,,:,:,,,:,_,,,::, tea„ I i i. ,:: 1 ..+ IIcs' :1—::1:1:1 '7::::::, t. , -- 0 - " .--r , -L--, ..,,- . Rear Facade Front porch historic window to remain r Architectural Review Board Staff Report Page 8 of 8 1628 Patterson Avenue, S.W. September 14, 2023 f ,,, w .,,,i4 1111- Ilit 1111 .L! , . ili,44°:'_ M One of three refurbished windows to be re-installed on font 2^d level facade Re: 1628 Patterson Ave SW Dear Roanoke City Council Members, I am writing to express my support for the COA application regarding the replacement windows at 1628 Patterson Ave SW. Until very recently, I was Jeff and Sarah's next-door neighbor, and I watched them restore and rehabilitate the property for over a year. It is no secret that the once majestic Mountain View neighborhood now features blight and abandoned buildings that often invite criminal activity. Before Jeff and Sarah purchased the home on Patterson, the structure was run-down and unsightly, and quite frankly, it was a drug den that attracted a lot of problems to the neighborhood. I personally watched Jeff and Sarah work tirelessly to restore this property, which is now structurally sound and aesthetically pleasing, and their efforts definitely made the 1600 block a nicer, more peaceful place to live. You don't see a lot of folks taking it upon themselves to improve properties on Patterson; in fact, it usually takes a visit from Code Enforcement to get even the most minor issues fixed and cleaned up. I understand that preserving the historical integrity of the neighborhood is important, however, I think denying this appeal would be akin to "missing the forest for the trees." The real issue isn't Jeff and Sarah's windows, it is the fact that many other properties in the neighborhood have plywood boards for windows, among other issues. Jeff and Sarah are some of the only folks doing anything about the neighborhood blight. It would be downright punitive to make them purchase other windows and undo all the work they have done so far. Consider all the good that has come from their efforts. Take a reasonable approach, so more people will want to follow their example. Thank you, Jessica Thomasson (706) 254-6568 MOUNTAIN VIEW neighborhood association Mountain View Neighborhood Association mtnviewroanoke@gmail.com 14 November 2023 Cecelia Webb,clerk of council ceceliawebbroanokeva.gov To the Roanoke City Council: As representatives of the Mountain View Neighborhood Association,we wish to express our strong support for Jeff Camp and his family's renovations of their property at 1628 Patterson Avenue NW. We are grateful to the Architectural Review Board(ARB)for upholding historical standards in our neighborhood.However,we worry that those standards may inadvertently discourage well-meaning homeowners from needed property renovations.We believe Jeff's case falls into this category. Jeff Camp and family have bought 1628 Patterson Avenue NW,and are renovating it,with the intention to live there.We love to see people buy old houses in our neighborhood and fix them up--especially when they stick around to be our neighbors!It seems there was a misunderstanding between what the Architectural Review Board communicated to Jeff and what they actually meant;therefore,he installed vinyl windows on the sides and back of the house,when they were supposed to be a different material.We ask that you please override the ARB's decision in this case,and permit the windows to stay as renovated rather than requiring Jeff's family to replace them.The infraction is minor and the burden to fix it is disproportionately large.For this reason,we consider the ARB's ruling to be misguided. Several properties on Patterson Avenue are in need of attention;our neighborhood suffers this neglect and blight. Does this area fester because the ARB restrictions are too harsh?To answer this question,we believe that the burden of proof is on the ARB.In response to queries from our neighborhood and others in May of 2023,Mr.Chittum from the city's office of Community Development and Placemaking responded that the ARB spent time in June in extensive meetings and retreats,with an eye to revising the manuals and procedures.However,we have not heard the results of this process;the city, it seems,continues to come down harshly on well meaning homeowners via the ARB,while simultaneously ignoring slumlords and abandoned properties in the same area.Surely there are other options for Patterson, perhaps designating it as a design district rather than a historic district. We as a neighborhood association request that the city council direct a revisitation and revision of requirements for historic designation,to find a better balance between maintaining our neighborhood's historic character and encouraging upkeep and renovation of properties. Thank you for your consideration, Mountain View Neighborhood Association Laura Hartman,Secretary Dear Ms. Webb, I am submitting a copy of a letter of support for Jeff Camp of 1628 Patterson Ave. SW, signed by his neighbors on Patterson Avenue. Mr. Camp has the original document, if the Council wishes to review it. I have transcribed the signatures (and additional comment)below. Please allow our support to be heard during his appeal to the City Council on November 20. Signatures: M. Paige Markham (additional comment: P.S. The fact that the windows in question are not facing the street should make this a non-issue!) Zoe Jentsch Bill Bynum Donna Bynum Laura A. King Sharon Bandy Holly Silvers Sarah A. Burnett Robert A. King Michael J. Stamper Best wishes, Holly SIlvers Historic Patterson Avenue Dr. Holly Silvers Art and Architecture Historian Roanoke,VA 24016 --,-- „- - ` i lty Council: .. ".A`re� of„ stte s on`A� ,we write In of our .-..v: Camp,in his appeal ,; rtotatt tr rci rtt'Windowson the sides and rear of his home.Jeffs careful ��v -_4'x �;'> ► : fe of �run down,problematicproperties on Patterson .Z.s ._o .-,` - - Avenue l tt erttates .=,, i f"-„, _ y wellas for the guidelines put forth by the Architectural . . -'..,s ,I -� hive watched t e- ansfor rtatlon yk„ l,t of this property,it is overtly apparent that - , ; ! �= y th k."The windows in alleged violation am in perfect _'' ', CR W°;tom mot -windows on the jyr„-,„ 4=3 N house in that they are the correct size .~ l - "= e3e W ows `tom needs s � to make a special effort to see them from a = t`tna�V,`t irn "ved alley. Even the n, 1ey look exactly like the`< _ C ry t le, -. r aw to the . Requiring Jeffto remove these windows and replace . = h °fit look exactly the same but cost several times more simply because of "' they are made Is concerning.As residents of the neighborhood,we would 'F - ier Ors dir directed to the rental properties that regularly replace architectural €_. E ' :: a-permit' or dent of the ARE derelict properties that �R, `• 5 arid-to-the 1 have sat } = ;; ttir -tor years.,Intd of creatingflhanclal hardship and unnecessary t -- r er who is trying to ,the rules and bring a rundown h odc #' >' _ ;� :£to =ws,'as Jeff's net ,, t that you allow him to retain these windowsand �:,, :. - t fii transformation` 4-- into a lovely home for his family. ' 1 go),(51A..... < ,ter ' 10-0.11 ;a n ,z -5 ,max... >, ., ~:" t,z �y �=z,3, E. fir ram" rYr @ (3 °t-E .,S+F`> %''s,-sue - - rye 1 p "x ' s ki ve >.�zay^� ?:``�, -„ �a .fix*='":>v'�h ;° > ,�.," ;>rs�� Y.<�>ud . ,5,.: d'F. = 'Y ter,. >?': .�.. �. �'�-,_�;.� x sue, ~ , ._ ,, . .E - #>~, `' _ ,*�'.y.�:>� X'.a ,'e,�;u ��a,'w,`45:'?,' �.✓'ems''`, _ _ .�F j x,3"> � `:.$�<s."tf.', - ^tea-;�.�. �;`''€<�'4x._ r„ .,:� - .ray,,. �� .z- x > s== ='--sir;' - >� = > ;a':� s h§;: :..''_.-.,, ir: ,.r sr> ,..:Y.:.-f :.,. - ]-.t-. fix c f.-' 4°g - : CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: November 20, 2023 Subject: Appeal of the decision of the Architectural Review Board to deny a Certificate of Appropriateness request to retain the vinyl windows installed on the second level sides and rear of the building located at 1628 Patterson Avenue, S.W. Background: 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 1 882 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. The original wood double hung window sashes on the house at 1628 Patterson Avenue SW were contributing elements to the building and the historic district. The applicant had an approved COA for the repair and replacement of the ten original wooden windows on the upper level with wooden windows to match the existing. However, the applicant removed and boarded the three original wooden windows on the front upper level and replaced the seven original wooden windows on the side and rear upper level with vinyl windows. The ARB Agent is authorized by the ARB to review and approve COA applications within the historic districts for repairing existing windows and City Council Agenda Report 1628 Patterson Avenue SW November 20, 2023 replacing windows on the sides and the rear of buildings per the criteria in the Architectural Design Guidelines (Guidelines). On 4/6/22, a COA application was received and after clarification with the applicant by phone was approved administratively (Exhibit A - copy of the COA application COAA22-0039) with the following description: The applicant is proposing to repair 10 wooden one-over-one pane windows on the upper level. In addition, one window on second level front that has multi panel top sash will be replaced with a one-over-one pane from the rear facade. On 8/01/22 Applicant e-mailed ARB agent: I feel pretty confident about getting windows# I, #2, and #3 rebuilt from the sashes and jambs I have. I'll need to rebuild sills for all three of them, but that will keep all of our front facing windows as original windows. I may be able to get a 4th window operational which 1 would put in the opening marked # 10 or#4 on the map so as to keep it visible. As for the other windows, I don't know that I can salvage enough from them to get more up and running. There's a lot of rot and splitting. With your blessing, I would like to begin replacing #5 - #9 with a replacement window. I would like to begin with #6 which is on the back of the house on the second floor. The ARB Agent instructed the applicant to proceed with obtaining a building permit for such work under the previously approved COAA22-0039. On 8/31/22, the applicant submitted a building permit application Permit RMRP22-0279 submitted by the applicant. The building permit description included the following: Window refurbishment and replacement on top floor. I will be refurbishing the wooden windows on the front of the home and replacing the windows on the sides and rear of the home. On 9/09/2022, Staff signed-off on the historic review of the permit RMRP22- 0279, referencing the administratively approved COAA22-0039. The applicant installed seven vinyl windows on the sides and the rear of the second level and blocked the three windows on front second level. On 4/19/23, staff denied the inspection due to replacement of seven historic wood windows on the second level sides and rear of the building with vinyl windows and removal and boarding of the three historic windows on the second level front of the building. 2 City Council Agenda Report 1628 Patterson Avenue SW November 20, 2023 On May 9, 2023, the applicant submitted a COA application to request the seven vinyl windows installed to remain. The applicant agreed to install appropriate wooden windows on the second level of the front facade to resemble the original historic wooden windows. (Exhibit B - copy of the COA application COAB23-0027). On June 1 , 2023, the ARB denied issuance of a COA for retaining seven vinyl windows installed on the sides and the rear second level of the building. . (Exhibit C - Copy of the denial letter). The applicant failed to file for an appeal of the ARB decision to deny issuance of the COA, within the 30 calendar days after the ARB decision. On August 7, 2023, the applicant submitted a COA application to request the seven vinyl windows installed on the sides and rear of the building to remain, and repair three windows on second level front facade of the building. (Exhibit D - copy of the COA application COAB23-0038). On September 14, 2023, the ARB denied issuance of a COA for retaining seven vinyl windows installed on the sides and the rear second level of the building. (Exhibit E - Copy of the denial letter). On September 29, 2023, a petition to appeal the ARB decision was filed with the City Clerk office. February 14, 2023 (Exhibit F- ARB Appeal Letter). Considerations: City Council established the ARB with the stated purpose of protecting designated historic properties against destruction or architecturally incompatible alterations to buildings and structures. The ARB's review criteria are based on the standards set forth in the Zoning Ordinance, and, where applicable, it's adopted Guidelines. The Guidelines adhere to the Secretary of Interior's Standards for Rehabilitation, which are federal criteria for appropriate treatment of historic buildings. Certificate of Appropriateness applications are reviewed by the ARB in accordance with the applicable guidelines in its decision to issue or deny a Certificate of Appropriateness. 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, which is necessary to initiate building permits. 3 City Council Agenda Report 1628 Patterson Avenue SW November 20, 2023 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 Design Guidelines on windows are relevant to consideration of this application: Replacing Existing Windows Repair original windows by patching, splicing, consolidating, or otherwise reinforcing. Wood that appears to be in bad condition because of peeling paint or separated joints can often be repaired. • If owners choose to remove and replace their historic windows, they must first present sufficient physical and photographic evidence and information to the ARB regarding the condition of the existing windows and the feasibility of repair, or replacement in kind, and replacement with new materials. Replacement should be based upon physical evidence and photo documentation rather than the availability of stock or replacement. • If historic windows need to be replaced, consider only the replacement of the sash units themselves and not the entire window frame or surround. • 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 has replaced seven historic wood double hung window sashes on the second level sides and rear of the building with vinyl window sashes in violation of the approved COA application COAA22- 0039. The new vinyl window sashes do not match the material, appearance, or profile of the historic wood double hung window sashes. 4 City Council Agenda Report 1628 Patterson Avenue SW November 20,2023 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 for replacing the historic wood windows with vinyl windows. ( j1>07101/ 0 Bill Mason, Chair Architectural Review Board Enclosures: Exhibit A through Exhibit F Distribution: Robert S. Cowell, Jr., City Manager Angela O'Brien, Assistant City Manager Chris Chittum, Executive Director of Community Development and Placemaking R. Wayne Leftwich,Jr., Planning Manager Katharine Gray, Principal Planner Parviz Moosavi, Historic Preservation Planner Timothy Spencer, City Attorney Laura Carini, Senior Assistant City Attorney Sarah Collins, Property owner Jeffrey Camp, Property owners' representative 5 EXHIBIT A p i a ion Ceqalleake oc‘ p RECEIVED f, April 5, 2022 City of Roanoke Planet g Bur{dsog& Developmerr. 1',E`ASE USE ATTACHE x COAA22-0039 1213102 MX/H-7 X April 6, 2022 H-2, Historic Neighborhood Overlay District EXHIBIT A Detailed Project Description Site Address Property Owner Project Description Additional information to be submitted: Photographs , Site Plan Elevation Drawings Sample.Photograph,or Catalog Pictures of Proposed Material _ Other• EXHIBIT A u m F� = r r , 4- ` ate ; r - - ./:::--.-'.--:::41-',10,11,1,....1:.-- F x -- f / - - •CO k .,.....,...„...„,„„.„...„.„......,.„,. ....... „ ,. .„L„::.,:::;„.:.;: „..:.=„;„.:_:_,:__ ____ _:„.„,„ez,,.....4,..:,!,i.::,!.....i......i...!:,,._.....T..„,,,,,...,...„;!...1..„,..„.,..,..1...„:.!_...,: . , .. ....,„„„:„:„........ „..„.,, .,, ,.. ,,...... El - _,,,,,...,.„-,,,-,..„.„,,„;;;,--;-,;-7,-3„.,, -.J.,14--;10,-,;:.,-;74,,,,,-2T-,,,,,::‘,..,,,..„..!:„-:-.--,,,.:::,,,..!:,,,i,..... .,... . .. ..,. - - = --tea -- --',7,-,--,'It4::;-: - - --- .. „ . - -_ -.!.; „:, .. .-,:i--‘:-: r.,:27,-, ,,.-.- --iii,git '--. l',.,. ;t, -:., .. .,...... • . . _..T., .„35: :x : -,,,,,,,....,„ ....„,„„, ....„:0,..... ...,,,,Tr.:1.g..7„,"__ ._.,..... . „..... ...„._„....,.,..,„:„.,.,„..,,:gritiwz:istoto,k„...i,:„......._,...:......i,, ,.. _... -- -14-,..,,-.4! .2---- :,,.. ,...:, ....... jujJ .. , _,. „ :.„ --, I-.,: - - ,-,- -,. ,,...., .. .. ..., .. ,.. .. .... ....... .. ......, -A ..„.. -,..3,7; 1 �� EXHIBIT A Ill ,ti:,„..i; - .,.,_-•. ,.,_,.,- -:- 4-: rip, %.-:#=,;14_Iii,-*,-1.,,..,.4:,::;- ,„._,,,*„„4,J4,-,,,44.7,,,,,,,,.,,,,,• „2,:_.=,, -----4-4::::::7 ::;F::t17-!S:•:-..t1::'-7.: , - --I .'=,'- . ' \t tw $ ,' , . . \. =,....„. -‘, ::,, _____,_,,‘,,,,v4k,.„,,,;:; „7„,!=‘, .,,, ..._ ,04,,,,,z4, ;(---=', ;-: ] ' livi' - , „.„ ''' - -A :2-=',','"-'',:----,:,. '..,,,17:::>4-4,- . , --;:= 4-.41.-:,-,=--. '=,. :::::_- - - ,. \ ..,,, ''!-= It- * -,,„„1-:-*:::-. " IllAri* A. \-„,„ , s - .F a i is ,, , :, ,i,.-: 4,,,,v „ , :,_, ,,,,,, : srt t Window # 1 EXHIBIT A 4I I ., . *Clout t t. N, , 4- • - - -4--- ' i'•-,.;,,A'' i 4 , i - Window # 2 Window # 3 - - 'I f x* ; I E# ± ,� ' 1bii § = v # ` . > .^ �.0 de' , Window # 4 Window # 5 EXHIBIT A '41i.17,„„. ' '4'' '''titi ' i , P. --i ''' ' „ , , i } . ' r _ � , IA * _ ; - A 1 t it,,, F eat 6" Window # 6 Window # 8 , 7 } l 7. kg ,,, r :. -sue • .. - Window # 7 EXHIBIT A t € z x 4 cr 4,4 � _ •� ' . s ; x . Window # 9 N. r >, . `" Window # 10 H-2, Historic Neighborhood Overlay District EXHIBIT B Appcation for Certificate of Appropriateness Date of Application 5/1/2023 Site Address 11628 Patterson Ave Property Owner: Name: 'Sarah Collins Address: 113924 Sagebrook Rd . City: 'Midlothian State: 'Va Zip Code: 123112 Phone Number: I 8049943246 E-Mail: Sarahbrownriggcollins@gmail.com Owner's Representative (if applicable): Name: lJeff Camp . Address: 11628 Patterson ave City: Roanoke State: kA Zip Code: 124016 Phone Number: ' 214.636.84 E-Mail:jcampmaii@gmail.com Application Prepared By: '1eff Camp Current Use: f- Single-Family fx Two-Family(Duplex) I— Multifamily Townhouse r- If Commercial,Describe Use: I Project Type: r Roof r- 17 Windows and Doors (— New Construction E Signs (- Walls and Fences r" Parking and Paving I— Demolition I— Other: I *PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION. Acknowledgement of Responsibility: I understand that all applications requiring review by the ARB must be complete and must be submitted before application deadlines;otherwise consideration will be deferred to the following meeting. I agree to comply with the conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans approved by the ARB. I understand tlittit no changes,are permitted withoutth prior approval by the City. Signature of Property Owner: �t�"t lthcCS Date: 1 :5141a3 Section Below to be Completed by Staff I Approval By: r-ARB f— Agent Certificate Number: Other approvals needed: Tax Parcel Number: ' r- Zoning Permit r BZAIPianning Commission f Building Permit I-- Other Base Zoning District: I � Agent.Architectural Review Board: I Date: H-2, Historic Neighborhood Overlay District EXHIBIT B Detailed Project Description Site Address: 11628 Patterson Ave Property Owner: Sarah Collins aveat:This project is already in progress due to a miscomunication with Mr.Moosavi and a previously approved application. Upstairs windows labeled 1 through 10 need to be replaced.After pulling and inspecting the current windows I ound a tremendous amount of rot and sun damage. I am in the process re-building the 3 windows that face the street(windows 1-3)from new wooden frames and the salvagable sashes. I propose to replace the remaining windows on the sides and rear of the home with more modern vinyl windows. Given their location,these 7 windows are very difficult to see from anywhere other than the rear of the home or he ally,therefore are much less visually impactful Per H-2 guidelines. hese windows would help greatly as I attempt to make this home more energy efficient. iven the height from the ground,exterior maintainince of these windows would be extremly difficult were they ooden. I have taken great care to select and size these vinyl windows to closely mimic the previous windows.The sash lights are virtually identical to the original and I have hidden all of the support and flashing for these windows inside the original wall and trim.This has avoided the"window in a window"feel from a standard replacement Project indow installation. Description: I have also replaced a 3 light sash at Mr.Moosavi's request,as well as removed the old aluminum storm windows.I belive you will find the resits to be a large improvement and a step in the right direction. Additional information to be submitted: rx Photographs r- Site Plan r- Elevation Drawings r Sample, Photograph,or Catalog Pictures of Proposed Material r" Other: PLANNING BUILDING AND DEVELOPMENT EXHIBIT C gri"IIIII Noel C.Taylor Municipal Building 215 Church Avenue SW, Room 170 Roanoke, Virginia 24011 540.853-1730 ROAN O K E planninq(a.roanokeva.gov June 8, 2023 Jeff Camp do Sarah Collins 1628 Patterson Avenue SW Roanoke, VA 24016 Via email jcampmail(a�gmail.com Sarahbrownricmcollins@cimail.com Dear Mr. Camp, Subject: ARB DENIAL: Application for Certificate of Appropriateness Certificate No. COAB23-0027 1628 Patterson Avenue SW, Official Tax Map No. 1213102 On June 1, 2023, the Architectural Review Board (ARB)of the City of Roanoke, Virginia, denied your COA application. The Board found that the request to retain ten vinyl windows installed on the rear and side of the house and repair three windows on the front was not consistent with the H-2 Architectural Design Guidelines. 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 work proposed at 1628 Patterson Avenue SW were discussed at its public meeting on June 1, 2023, and ARB members expressed concern that the proposed work was not in keeping with these 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. Please contact Parviz Moosavi at 540-853-1522 if you have additional questions. Very truly yours, • COAA/V/ Emily G. Cia , Acting Secretary to the Architectural Review Board c: Cecelia F. McCoy, CMC, City Clerk H-2, Historic Neighborhood Overlay District EXHIBIT D Submittal Requirements Checklist Complete Form & Click Here to Submit Electronically Print Form The following must be submitted for all applications: r A completed application form and checklist. Applications will be deemed incomplete without owner signature. A brief project description of work including how the proposed architectural or site alterations are consistent with the r ARB Guidelines for the subject Historic District. If historic materials are being replaced rather than repaired, please provide justifications. r Photographs showing the current conditions of the specific project site. For windows,doors, roofs and porches,the following must be submitted: Scaled elevation drawings showing proposed alteration. If proposing to return building to an earlier appearance, please provide r supporting documentation for the request(i.e. historic photograph). I— Photograph,sample or catalog picture of proposed building material. For walls and fences,the following must be submitted: r Site plan showing the proposed location of the fence. r Photograph or elevation drawing of fence design. r Sample, photograph or catalog picture of proposed material. For new construction,the following must be submitted: ✓ Site plan, including property lines, roadways,footprint of buildings and structures, paving etc. r Scaled elevation drawings of all sides of proposed building/addition. ✓ Samples, photographs or catalog pictures of building materials. For parkinglpaving,the following must be submitted: ✓ Site plan showing proposed location of new paving surface. r Photograph,sample or catalog picture of proposed building material. For signs,the following must be submitted: r Freestanding: A site plan showing the proposed location of the sign r Building Mounted: Photograph or scaled drawing of elevation on which the proposed sign will be located. E Photograph or scaled drawing of the proposed sign, identifying materials, color,lettering (size and style),and wordage. I— Specifications of sign brackets, mounting hardware and lighting, if applicable. For demolition,the following must be submitted: r Justification for demolition, including structural evaluation and cost estimates for rehabilitation. For other items, please refer to a like category. *Note: If applying by e-mail please include the above items as an attachment. Department of Planning Building and Development ARB Agent Room 166, Noel C.Taylor Municipal Building Parviz Moosavi, Historic Preservation Planner 215 Church Avenue, S.W. Phone: (540)853-1522 Roanoke,Virginia 24011 E-mail:parviz.moosavi@roanokeva.gov Phone: (540)853-1730 Fax: (540)853-1230 Please remember... The COA does not relieve the property owner from the responsibility of obtaining any other required permits. A copy of the Certificate must be submitted to the Development Assistance Center(DAC)for permitting. For more information contact the DAC at 853-1090. It is strongly suggested that you do not order or purchase any materials until ARB approval and required City permits are obtained. H-2, Historic Neighborhood Overlay District EXHIBIT D Application for Certificate of Appropriateness Date of Application 8/7/2023 Site Address 11628 Patterson Ave Property Owner: Name: 'Sarah Collins Address: 113924 Sagebrook Rd City: Midlothian State: Va Zip Code: 23112 Phone Number: I 8049943246 E-Mail: Sarahbrownriggcollins@gmail.com Owners Representative(if applicable): Name: [Jeff Camp • Address: 11628 Patterson Ave • City; 'Roanoke State: IVa Zip Code: 24016 Phone Number I 2146368478 E-Mail:jcampmail@gmail.com Application Prepared By: jleff Camp Current Use: F Single-Family Ix Two-Family(Duplex) E Multifamily E Townhouse E Commercial If Commercial, Describe Use: I Project Type: E Roof r— Porch lX Windows and Doors E New Construction E Signs E Walls and Fences E Parking and Paving E Demolition IT I *PLEASE USE ATTACHED SHEET FOR PROJECT DESCRIPTION. Acknowledgement of Responsibility: I understand that all applications requiring review by the ARB must be complete and must be submitted before application deadlines;otherwise consideration will be deferred to the following meeting. I agree to comply with the conditions of this certificate and all other applicable city regulations and to pursue this project in strict conformance with the plans approved by the ARB. I understand that no changes are permitted without prior approval by the City. Signature of Property Owner: - '`,fir .._ Date: I Section Below to be Completed by Staff Certificate Number. Approval By: r ARB E Agent Other approvals needed: Tax Parcel Number: I r Zoning Permit r BZA/Planning Commission Base Zoning District: I E Building Permit E Other Agent,Architectural Review Board: I Date: I H-2, Historic Neighborhood Overlay District EXHIBIT D Detailed Project Description Site Address: 11628 Patterson Ave SW.Roanoke,VA 24016 Property Owner: Sarah Collins I am proposing to install 3 repaired historic wooden windows on front facade of the home.The window frames have been rebuilt using the original windows as templates.A representative sample of the wooden windows was reviewed by Mr.Moosavi on 8/7/23. In addition,I am requesting permission to retain seven existing vinyl replacement windows situated on the sides and rear of the home. Project Description: Additional information to be submitted: r Photographs r Site Plan I— Elevation Drawings r Sample, Photograph, or Catalog Pictures of Proposed Material r Other: PLANNING BUILDING AND DEVELOPMENT EXHIBIT E IIPPWR A,' 1 Noel C. Taylor Municipal Building 215 Church Avenue SW, Room 170 Roanoke, Virginia 24011 540.853.1730 ROAN O K E planning a(�,roanokeva.gov September 19, 2023 Jeff Camp do Sarah Collins 1628 Patterson Avenue SW Roanoke, VA 24016 Via email icampmail a gmail.com Sarahbrownriggcollins angmail.com Dear Mr. Camp, Subject: ARB DENIAL: Application for Certificate of Appropriateness Certificate No. COAB23-0038 1628 Patterson Avenue SW, Official Tax Map No. 1213102 On September 14, 2023, the Architectural Review Board (ARB) of the City of Roanoke, Virginia, denied your COA application. The Board found that the request to install three wooden windows and retain seven existing vinyl windows was not consistent with the H-2 Architectural Design Guidelines. 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 work proposed at 1628 Patterson Avenue SW were discussed at its public meeting on September 14, 2023, and ARB members expressed concern that the proposed work was not in keeping with these 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. Please contact Parviz Moosavi at 540-853-1522 if you have additional questions. Very truly yours, ir.\*".....i<Ce,,................. Emily G. Clark, Secretary to the Architectural Review Board c: Cecelia F. McCoy, CMC, City Clerk EXHIBIT F o. CITY OF ROANOKE "'"' OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Suite 456 Roanoke,Virginia 240 U-1536 : Telephone: (540)853-2541 CECELIA T.WEBB,CMC Fax: (540)853-1145 Deputy City Clerk CECELIA F.MCCOY,CMC E-mail: clerk(a?,roanokeva.gov City Clerk RUTH VISUETE PEREZ Assistant Deputy City Clerk October 2, 2023 The Honorable Mayor Sherman P. Lea, Sr. and Members of the Roanoke City Council Ream-Ike,Vi,c c a Dear Mayor Lea and Members of Council: I am enclosing a copy of a Petition for Appeal filed by Jeffrey Camp, regarding a decision of the Architectural Review Board at its meeting on September 14, 2023, denying a request for the approval to install three historically accurate windows on the front façade and retain seven vinyl replacement windows on the sides and rear of the house, located at 1628 Patterson Avenue, S. W., which is not consistent with the H-2 Guidelines. The petition was received in the City Clerk's Office on Friday, September 29, 2023. 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 the 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, November 20, 2023, 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 Jeffrey Camp. Sincerely, 6/4-e-et.4VJ. C4/1-4Lel-- Cecelia F. McCoy, CMC City Clerk Enclosure EXHIBIT F The Honorable Mayor Sherman P. Lea, Sr. and Members of Roanoke City Council October 2, 2023 Page 2 pc: Jeffrey Camp, 1628 Patterson Avenue, S. W., Roanoke, Virginia 24016 Robert S. Cowell, Jr., City Manager Timothy R. Spencer, City Attorney Laura Carini, Senior Assistant City Attorney Parviz Moosavi, Agent, Architectural Review Board Tina Carr, Secretary, Architectural Review Board EXHIBIT F CODE OF THE CITY OF ROANOKE(1979) Sac.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. EXHIBIT F 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): Jeffrey Camp 2. Doing business as(if applicable): 3. Street address of property which is the subject of this appeal: 1628 Patterson Ave SW, Roanoke, VA 24016 4. Overlay zoning(H-1, Historic Downtown Overlay District,or H-2, Historic Neighborhood Ovelay District)of property(ies)which is the subject of this appeal: H- 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: 9/14/2023 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): 36.2-331 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: Request to install 3 historically accurate windows on the front facade and retain 7 vinyl replacement windows on sides and rear of house. 8. Grounds for appeal: Please see attached letter. 9. Name, title,address and telephone number of persons)who will, represent the Petitioner(s)before City Council: Jeffrey Camp 1628 Patterson Ave SW, Roanoke, VA 24O1t , i4-636-8478 EXHIBIT F WHEREFORE, your Petitioner(s)requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted Signature of Owner(s) Signature of Petitioner(s) or (If not Petitioner) representative(s),where applicable Saf :2,ollins Name Nanie Jethey Camp (punt Of type) (print or type) m47.17_ Name: N e _ q-),C1— (print or type) pr /pet TO BE COMPLETED BY CITY CLERK: Received by Date EXHIBIT F Roanoke City Council 215 Church Ave SW Roanoke,VA 24011 Dear City Council Members, I am writing today to appeal a decision made by the Architectural Review Board(ARB)regarding my home in the H-2 Historic District at 1628 Patterson Ave SW on September 14,2023.The decision was regarding an application to install three fully rebuilt,historically accurate wooden windows on the front facade of the home and retain seven vinyl replacement windows already installed on the sides and rear of my home. After consulting with Roanoke's Historical Preservation Planner(HPP) in April of 2022 I applied for and received permission to begin repairs on all ten windows on the second floor of the home. I was quite clear at the time that I would be pulling these windows down,stripping them and evaluating what was and wasn't salvageable.After completing that process I reached back out to the HPP via email(attached)and informed them that in my estimation there were enough salvageable pieces to reconstruct three windows and those would still require extensive rebuilding.I explained that unfortunately the others had been allowed to deteriorate too much over the years and would simply need to be replaced. Because I knew that the visual aspects of these windows were important to the Historical overlay, I said I would place the rebuilt historic windows on the street facade and begin installing replacements in the rear of the home built to mimic the original size and shape as closely as possible,continuing around the sides once I had perfected the sizing and shape. In response I received an email saying"These all sound good to me". He did not specify any brand, model,style or any other requirements for the replacement windows. He did not advise me to submit a new Certificate of Appropriateness(COA)application for replacement of windows rather than repair. His only additional note was to advise me to reach out to the permit department and add the work to an existing permit.Given this seemingly positive response I proceeded in good faith,believing that if I did my best to match the original side and rear windows while rebuilding the front windows by hand to their exact historical specifications,all parties would be satisfied. Some members of the Architectural Review Board have taken issue with the materials I chose and said that I should have known better than to install vinyl windows on the sides and rear of the home.However,of the seven other homes on my street five of them have similar vinyl windows installed.Additionally,four of the homes on my street have either vinyl or metal siding which is obviously far more impactful. In all there is only one house on the block that maintains its original historic appearance with no major modifications. In this context,along with the guidelines stating"a wider range of appropriate materials and designs are allowed to the rear of properties and areas not readily visible from the street" my decision to use an economical and energy saving material,sized and shaped to mimic the original windows on the sides and rear of the home, seems quite reasonable to me. I learned at one of these ARB meetings,roughly a year after I had already replaced the windows in question, that the board actually maintains a list of acceptable replacement windows.A fact that was not revealed to me during any of my many correspondences with the HPP.After finally receiving this list I did research those window models and received quotes for having them built to the same exacting specifications I used previously,so as to comply with H2 guidelines.The cost is roughly 7 times as much per window. It is worth noting that these windows are also not built from historically accurate materials.The exterior surfaces are clad in aluminum, not wood. While I did choose to use windows made from non-original materials on the sides and rear of the home,I took great care to mimic the size and shape of the original windows per page 20-21 of the H-2 Guidelines on EXHIBIT F Windows and Doors, "If replacement is warranted based upon severe deterioration of sashes or framing, window sash and glazing sizes may not be reduced more than 10%from the original sash and glazing size." The sash and glazing sizes are virtually identical to the original and I was able to conceal all of the support and flashing for these windows inside the original wall and trim.When combined with the simpler profile matching the straight lines and right angles of the original windows,this makes the new replacement windows a nearly identical match in all aspects other than material. It is also worth noting that this is an interior lot. My home sits 12ft from the neighboring home on the left and 15 ft from the home on the right, and these windows are anywhere from 17ft to 25ft from ground level, making sightlines to these windows nearly nonexistent. Photos of my home, including of the windows in question are attached to this appeal. On August 2nd of this year I was advised by the HPP to submit a new COA application for this project. I also had the HPP out to the house to personally inspect the historically accurate windows that I rebuilt to be installed on the front facade,which he seemed quite pleased with.On August 7th I submitted my new application using the phrasing and language suggested by the HPP. Despite this the ARB denied my application at the September 14th meeting. At this meeting some board members made comments about how closely the replacement windows matched the original.They themselves mentioned that while the actual material was different,the size, shape and overall appearance are quite accurate.Another noted that because of the tightness of this interior lot all of the replacement windows are in areas that are extremely difficult to see from public rights of way. Unfortunately these voices of reason were not enough to sway the rest of the board and my application was denied. When we took possession of this house it was in a state of neglect and disrepair.I'm an independent citizen, working on this house by myself,and doing my best to make it a home for my family while doing my part in revitalizing this neighborhood. In every step of the project of restoring and renovating this home, I have made sincere attempts to communicate with city officials and have obtained the proper permits and permissions for all the work I'm doing. I have even taken it upon myself to make many voluntary improvements to the historical accuracy of the home such as removing the old aluminum storm windows and taking out a chain link fence from the front yard. I intentionally prioritized those projects as a gesture of goodwill since they seemed to be particularly irksome to the HPP.Several other projects have already been completed to the satisfaction of the HPP,often at the cost of many thousands of additional dollars of expense incurred to meet Historical Overlay requirements. While I can understand and respect the desire of the ARB to maintain historical accuracy,the reality is that this neighborhood is rife with examples of updates far more impactful than this.This current dispute has already set the project back by 6 months and if the ARB decision is allowed to stand it will set us back several more months and add over 14 thousand dollars to the cost with no tangible benefit. I ask that you please reconsider this decision as I am eager to move forward,complete this phase of the project,and restore the facade of my home. Thank you for your consideration, Jeff Camp EXHIBIT F Pertinent email correspondence between myself and Historic Preservation Planner submitted for context. August I, 2022 9:04am Good Morning Mr Moosavi, I ran into some contractor snags that slowed me down by a couple months. but we're back to work on the windows! I have gotten most of them pulled in and stripped down so I can evaluate the damage. There is extensive water and sun damage to ALL of these windows, luckily the damage varies from window to window, so i xdo have some parts to work with. I'm going to take what 1 can salvage from each and build them into fresh window units. The short version is that I feel pretty confident about getting windows#1, #2, and#3 rebuilt from the sashes and jambs 1 have. I'll need to rebuild sills for all three of them,but that will keep all of our front facing windows as original windows. I may be able to get a 4th window operational which I would put in the opening marked#10 or#4 on the map so as to keep it visible. As for the other windows, I don't know that i can salvage enough from them to get more up and running. Theres a lot of rot and splitting. With your blessing, 1 would like to begin replacing#5 - #9 with a replacement window. I would like to begin with#6 which is on the back of the house on the second floor. I believe that with the entire window unit removed I can size and place a replacement window to be far less visually impactful than it would be during a typical replacement window install, but as I said I'll be starting with the least noticeable unit first to make sure. Let me know what you think and I'il proceed. Thanks, Jeff August 1,2022 3:16pm Hi Jeff, These all sound good to me. I just wanted to make sure that you obtain a building permit for these. I didn't see anything related to window repairs/replacement on the City Permit System. You may add the proposed window replacement/repairs on your existing permits# RMRP22-0168 Please advise, should you have any questions' Thanks Parviz Moosavi, Historic Preservation Planner Planning, Building & Development Department Architectural Review Board Staff Report Page 5 of gEXHIBIT F 1628 Patterson Avenue, S.W. September 14, 2023 7e4:l;*,_ -'_.i, :' 7.:,;,..4'?":..nz,,,,:r.",.,,::,'.::NIPtiej.,---- -tea . '; , tow 4* :-..--:,7.i...,,,,,.._%,,.._,..r,s.:,,,,:': ram. _ r 4 :‘.;,„,,.,,)::.:..,:.i,j:--.-:_-j ,____:,.,,..;,7A_,,,,,,T i 1 # _ z gyp' . yli •'- 1- .' .'_'1-j a -, tk- i :+t 5 4.; r `' -,. ` ,tom _;-;:#1,*./4 asi '4 t 'v°.-' `Zg •}°`, a �'y /..; 3 r. *�F g t'.-... 4 EXHIBIT F Architectural Review Board Staff Report Page 6 of 8 1628 Patterson Avenue. S.W. September 14, 2023 • ‘sIlle. Right side facade '' ' ,--..._.... , *- „vsik,:__,-::,..._,\44t''..41144:- - ''''''''''..t: - Left side facade EXHIBIT F Architectural Review Board Staff Report Page 7 of 8 1628 Patterson Avenue, S.W. September 14, 2023 l' johp_sr 1 r . ;t'', 4 ''''''.,t,'-',g.''''''-'::::: U:,,,,l;',,,,,",,,,,,- 'A''''t-t:t,,,:±,:,::::;P-r'll:i77,,,:r'..,i761-'6''-',_7,''''''':':7:,;::1-7;'''':-;'''*':''-':1':''''::;':::''':'7;'-:':'17::!4,:.:''':',1 it Rear Facade Front porch historic window to remain EXHIBIT F Architectural Review Board Staff Report Page 8 of 8 1628 Patterson Avenue, S.W. September 14, 2023 x n u _ s x s; . __ r1,,,,, , ,„,„,:,_:::::„ ___,,,,_,,,, _ , ... • N sr li � Y� �� ka:r , One of three refurbished windows to be re-installed on font 2nd level facade • Journal of Environmental Studies and Sciences }L..Qc rt of l_ i ?4 a https://doi.org/10.1007/s1 341 2-023-00874-1 onedc tor The case for buses: interdisciplinary ethical arguments in support of strong public transit Laura M.Hartman1 •Kathleen M.Wooleyt •Ryan C.Tuckers Accepted:23 October 2023 O AESS 2023 Abstract We argue that municipalities of all sizes should prioritize transit,particularly buses,as a moral and practical consideration. Buses represent a mode of transit that is significantly better than private automobilw better for the environment, more accessible to a broad range of people,healthier,and more conducive to the creation of sic,humane communities.Writing from Roanoke,VA,USA,we know that small and medium-sized American cities such asoursnd to underfund their transit systems,but a good bus system could be the centerpiece of a transportation strate y that.generates health, clean air, and upward mobility for all.In this essay we establish the practical and moral reasc ns why e ties should invest in public transit: it is not only financially smart but morally imperative to do so.We also exaptine`cailtural reasons why public transit tends to be underfunded in the US.Well-funded public transportation systems/7\44kt,in most cases,should feature a robust and well-funded bus system—have the potential to act as a key ingredient in h yy-°prosperous,and just communities.Whether bus systems live up to this potential is a question that lies in the handsnf advocates and decision-makers. Keywords Public transit•Ethics•Public health•Bus •Public goods Introduction up to its potential. Buses represent a mode of transit that is significantly better than private automobiles: better for Buses have repeatedly touched the American conscience the environment, more accessible to a broad range of peo- as the site of struggles for civil rights: in the case of Rosa ple, healthier, and more conducive to the creation of safe, Parks and the Montgomery Bus Boyccit1 41955,the Free- humane communities. dom Riders of 1961, and Denise McQuade and the ADA We argue that municipalities of all sizes should prior- protests of New York City 11~ruse§in 19814 These struggles itize transit, particularly buses, as a moral and practical all highlighted the ways thatbuses in America fall short consideration.2 Writing from Roanoke,VA, we know that of their potential. We argue belnw that it is time for our small and medium-sized cities such as ours tend to under- consciences to be touched by buses again,because multiple fund their transit systems,which represent little more than urgent needs—from poverty to health to the environment— an afterthought in budgeting decisions.3 Too often,buses may be effectively addressed using public transit that lives seem to be a grudging concession, a bare-bones service 1 Rosa Parks and the Freedom Riders are well-known,but for readers unfamiliar with Denise McQuade,consult Wright(2021). 2 We have nothing against trains, bicycles, and other less-polluting modes of transit. However, we feel that buses have been unfairly ® Laura M.Hartman neglected in the transportation conversation; they are significantly hartman@roanoke.edu more affordable to provide than trains, they use existing infrastruc- ture in a more efficient manner,and they are able to serve an incred- Kathleen M.Wooley ibly broad spectrum of people and needs.A solid bus system can and kmwooley@mail.roanoke.edu should be the centerpiece of most public transit systems,particularly Ryan C.Tucker in small-to medium-sized cities. rctucker@mail.roanoke.edu 3 Roanoke is a metropolitan area of some 100,000 people nestled between the Blue Ridge Mountains and Appalachian Mountains in Roanoke College,221 College Ln,Salem,VA 24153,USA VA. Springer '; ' 7; . ice: €:111 4 3„„ Journal of Environmental Studies and Sciences granted by the city to aid those with no better option.But benefits a local area is typically desirable—and all too often a good bus system could be the centerpiece of a trans- denied to those who need it most.As we shall argue below, portation strategy that generates health, clean air, and this constitutes an environmental injustice that should be upward mobility for all. In this essay we seek to establish rectified. the practical and moral reasons why cities should invest in In what follows,we attempt to build a practical and moral public transit: it is not only financially smart but morally case for transit.We are using the term"practical"to refer to imperative to do so. benefits of transit that are measurable and widely recognized As scholar-advocates ourselves, we have sought schol- as goods, such as health and poverty reduction. We begin arly literature to support our case-making arguments in with the many practical goods associated with better transit: public forums. Surprisingly, our searches have come up public health,community cohesion,environmental benefits, short: nowhere have we found a succinct scholarly article and economic growth. It may well be that people oppose, that makes an interdisciplinary moral and practical case for or ignore,transit because they do not realize these practical centering buses as a strong municipal funding priority. To benefits exist.Describing them in some detail advances our fill this lack, we humbly present the following and hope it argument for transit. will be both intellectually illuminating to the scholarly corn- After the practical arguments, we add moral arguments. munity and practically useful for fellow advocates. We use the term "moral" to describe arguments with an We are writing this at the tail-end of a pandemic,and dur- ethical valence, those are subject to ethical debate but, ing an ever-worsening climate crisis.The pandemic reduced once settled, add a dire ,type of persuasiveness to our transit ridership; since riding a bus constituted a difficult argument.Not only does tarisit confer practical benefits,it context for social distancing,we have not yet seen ridership is,arguably,morally 1 ` Cory for communities to support. rebound fully(Dunn&Rivard,2023).On the other hand,the Finally, we en •_with the deceptively simple question: climate crisis argues in favor of increasing transit use(see if transit is wonderful as it seems, why is it still chroni- "The environmental argument"section, below).These two cally and unded across the US?Answers involve financial push-pull factors are only the beginning of the challenging complexity'and cultural context of race,class,and views of balance of positives and negatives in the realm of transporta- urbanism While these represent trenchant cultural patterns tion decisions. in ow' society, they also demonstrate significant potential We are writing about cities like ours, in Roanoke, VA, preform. which has some density in its center but mostly labors umkr Tore practical arguments, the moral arguments, and the a sprawling,car-dominated physical layout.Alth placesylaceSx examination of opposing arguments add up to a confirmation like ours are largely built for cars,we argue that tan*i . a ''`of our thesis: Those who are in a position to pay for better future here(and elsewhere). Indeed,we argue that t strong transit must listen to the evidence and support the strength- transit system is a moral imperative, eves in places that ening of bus systems far and wide.Also,those in a position seem not to be built for it. It would be-dire if our cities to advocate for the above ought to do so. were less sprawled, but changing that bi an excruciatingly slow process.While we wait for The#adual incrementalism of such reforms, children stgk to'breathe due to traffic Practical arguments exhaust, people with less me. are unable to access jobs and opportunities, and the climate continues to warm. In We begin, then, with practical points about public health, the meantime, can we increase the quality and ridership of community cohesion,environmental benefits,and economic our public transit now?We can and we must:it is,we argue, growth,before turning to explicitly moral arguments. a moral imperative to do so, even where sprawl dominates and cars reign. The public health argument The quest for good public transit touches on several dimensions of environmental justice.Environmental justice The health of a city's residents relates directly to the sys- is unabashedly spatial; its concern with distributive justice tems created(or permitted)by the environment they live in. asks:where are the benefits and harms located,and who gets "Transportation policy is, in effect, health policy, because them?Although many environmental justice cases center on the two are so deeply connected,"according to a report writ- the unjust placement of locally unwanted land uses,environ- ten by national social equity and health advocacy groups mental justice also asks for fair distribution of goods—green (Bell & Cohen, 2009, p. 9). Healthier populations move space, healthy foods, and, notably, transportation(Bullard, more and drive less.But in some cities,alternatives to driv- 2000).But transportation is somewhat complex.Transporta- ing barely exist.Cities can improve public health by offering tion, in the form of an interstate highway, for example, can viable,attractive alternatives to driving. be a locally unwanted land use.But good public transit that Springer Journal of Environmental Studies and Sciences Many scholarly studies have linked obesity to car use. poorer management of chronic conditions and can interfere Health geographers Lawrence Frank et al. (2004, p. 87) with medication use(Syed et al.,2013).Surveys have found determined that "Each additional hour spent in a car per that"approximately 4% of U.S.children(3.2 million)were day was associated with a 6% increase in the likelihood of unable to access necessary medical services... because of obesity. Conversely, each additional kilometer walked per inadequate transportation" and among elderly Americans, day was associated with a 4.8%reduction in the likelihood "non-drivers make 15% fewer trips to the doctor" (Litman, of obesity."A wide-ranging cross-continental study found 2010,p. 15). that obesity rates are inversely related to the use of non-car Lastly, transit can help keep streets safe for pedestrians transportation(Bassett et al.,2008).According to Todd Lit- and drivers alike. Injuries and premature deaths due to man(2010,p. 12)of the Victoria Transport Policy Institute, vehicle accidents are tragic and should be avoided.Among "Many experts believe that increasing walking and cycling... developed countries, the US has the highest traffic fatality is the most practical way to improve public fitness," corn- rate per capita, despite our high-quality roads, cars, and pared with organized sports or fitness classes.Walking and safety programs (International Transport Forum, 2020, p. bicycling are modes of exercise that are accessible to almost 22).Our rates are so high,arguably,because we use our cars everyone(by contrast with faraway parks or expensive gyms) so frequently (having few alternatives). Passengers riding (Bell&Cohen,2009,p. 15). buses have 1/60th the risk of traffic fatalities that car pas- Like walking and cycling, public transit use also neces- sengers do(Litman,2014,p. 115).Shifting to public transit, sitates exercise. People who take transit tend to walk more then,quite literally saves llyes. because they walk to and from their bus stops(Saelens et al., Public transit-friendly polhcy benefits public health in 2014).Studies by scholars of health and urban planning have a number of ways. Good transit directly enhances public shown that transit riders are more likely to meet the recom- health by increashig access to healthcare centers, decreas- mended amount of physical activity (Lachapelle & Frank, ing the nuinl9 of vehicles on the road,and creating a more 2009). Access to good, reliable transit has been shown to walkable ti ysce.Moreover,public transit enhances public increase walking and decrease obesity among elderly people health,by reducing air pollution.We will discuss air pollu- (Webb et al.,2011).According to human ecologists Wener do aratother environmental concerns shortly,after a brief and Evans (2007, p. 68), transit commuters walk "sig- expiration of transit's effects on mental health and social nificantly more steps per day (+30%) than ... automobileences in the next section. commuters." The determining factor is urban form. Bell and Cohere ,„ The mental and social health argument (2009, p. 15) note that "Residents of compact uelghbet- hoods walk, bike, and use public transportation more than Public transit benefits mental health as well as physical, residents of spread-out communities, and they have lower by reducing stressors and strengthening community rela- rates of obesity." It is healthier to live th,a.denser neigh- tionships. High-quality public transit is, for many people, borhood because it leads to more walking and transit use. less stressful than a car commute(Bell &Cohen, 2009,p. Conversely, living in a less dense 'a ten. motorized 15). Health sciences research has shown that higher levels transit, removing even the option.to walk or bike. Litman of public transit access decrease social isolation in older (2010,pp. 12-13)reports that"accounting for demographic adults,and these benefits extend beyond the elderly popula- factors such as age, race/ethnicity education and income, tion(Lamanna et al.,2020).Community connections facili- the frequency of self-reported chronic medical conditions tated by transit are good for one's mental health.Even those such as asthma,diabetes,hypertension and cancer increased who typically drive can enjoy peace of mind knowing that with sprawl"and decreased(by as much as 16%)with more if something happens to the car,or if they sustain an injury transit-friendly and walking-friendly land use development and can't drive themselves, the bus system will be able to patterns.City planners and transit planners should take note: meet their needs. their work affects public health. Riding a bus is a social experience,since it involves shar- Good transit enhances public health by facilitating access ing a vehicle with strangers,which requires the development to health care, as well. Scholars of health economics have of social tolerance(Mattioli, 2016).Travis Norvell, a Min- demonstrated that improvements in transit service corre- neapolis pastor,writes about late with fewer missed medical appointments (Smith et al., sitting or standing beside a Somali woman reading 2022). Economists have found that during a bus strike, Barbara Ehrenreich's Nickel and Dimed, a father of fewer pregnant people complete prenatal visits, leading to five en route from the midnight shift at McDonald's to diminished health outcomes (Evans &Lien, 2005). Medi- his daytime job cleaning offices,a woman with a dis- cal scholars also note that lack of transportation can lead to Springer Journal of Environmental Studies and Sciences ability and her abusive aide,a recent college graduate that suffer severe levels of traffic congestion such as the on her way to a job interview, and kids making their metropolitan area of Mexico City," private vehicles "are way across the city to the library(Norvell,2022). considered one of the main sources of emissions"—so con- Experiences like this allow Norvell to pray for the wel- fare of his city with significantly greater awareness and less an advantage for air quality (Bel & Holst, 2018, p. 209). abstraction. He writes that he barely knew who or what he Bus Rapid Transit, then, "forms part of a country's envi- was praying for until he rode the bus. ronmental policy [because] old buses are being replaced by modern vehicles [to] run on cleaner fuels, while the By comparison, cars are antisocial. The very structure of automobility creates a situation in which, in the words introduction of BRT lines should also reduce congestion" of journalist George Monbiot, "society becomes an obsta (Bel & Holst, 2018, p. 210). Thomas Abdallah(2017, p. cle. Pedestrians, bicycles, traffic calming, and speed limits 13), an environmental engineer for NY's MTA transit system, calls transit "one of the best and most effective become a nuisance to be wished away" (Monbiot, 2009). sustainability solutions,"because an effective bus system Communication is fundamental to social connection, but cars are "communication prisons,"in the words of econo- reduces both local air pollution and greenhouse gas emis- mist Jeffery Sachs:"their mimetic rigidity prevents [drivers] sions that impact the entire globe. The success of Mexico from explaining, and excusing themselves or at least smil- City's BRT reinforces this view. Automobile exhaust-et(tributes to global climate change.ing in embarrassment when they squeeze someone off the road" (Sachs, 1992). Which modes of transportation erode Geographers Waitt and m a.da rightly note that "climate the social fabric? Which strengthen society and diminish change scientists clear •sition fossil-fuel cars as an inte- inequalities? These questions are rarely asked but carry gral part of the ate citnge problem" (Waitt&Harada, significant repercussions. Sheller (2018, p. xv) describes 2012).In fact,transportation accounts for a greater propor- tion of US° enhEtse gas emissions than any other sec the problem as follows: "interlocking systems of uneven mobility distort human relations with each other and with tor(it avetook the electric power industry in 2016) (Ble the world." It is our relationships—and the greater social viss, 21).Bteviss is blunt: "Increasing fuel economy and problems they betoken—that are at issue.The contributions expanding' the use of electric vehicles will not be sufficient of public transit to the well-being of individuals and com- by themselves to reach the goal of zero net GHG emissions munities are often"unrecognized by other sectors,"but thepJ50."That is due to several factors,including the fleet are significant(Allen, 2008,p.6). tur .er problem(the transition to different cars would take too long), the increased demand on the electric grid that this transition would represent, and real physical limits on The environmental argument the amount of lithium available for car batteries. For a full Air pollution from all types of industrialeetters is a direct transition,people need to drive fewer cars and drive less.In health risk for citizens,and the air pollution lm fossil fuel other words, more walking, biking, and public transit are Pierre- burning vehicles compounds needed. "Buses," in the words of journalist Kendra Pierre- g p this,as muanas scholarly stud Louis "are among the most overlooked solutions for decar- ies have demonstrated.Kampa and C '.,_ s note:"all types of air pollution,at high con �4_� .on,can affect the airways. bonizing the US"(Pierre Louis,2023).Electric buses emit Nevertheless, similar effects also observed with long- the least carbon dioxide, but even gas buses are more effi- term exposure to lower pollutant concentrations"—as would cient than cars if they carry sufficient passengers. As Fig. 1 shows,buses or trains that burn fossil fuels have be found from automobile traffic(Kampa&Castanas,2008). lesser climate impacts per passenger mile than automobiles. Currie and Walker found evidence indicating that "traffic congestion contributes significantly to poor health among Those committed to reducing emissions should ardently infants" (J. Currie &Walker, 2011). A World Bank report advocate for the improvement of public transit systems. acknowledges these problems and suggests that"affordable Each year sees broken records—more intense heat waves, mass transit alternatives can often yield substantial envi- more unexpected storms,more violent hurricanes,and more ronmental benefits" for health and air pollution (Gwilliam uncontrollable wildfires.Climate change is everyone's prob et al.,2004). lem and everyone's responsibility.Every city,town,suburb, and neighborhood needs to fight climate change,and quickly. Mexico City provides an instructive case study, as There is no time to wait for everyone to buy an electric car. scholars have examined the effects of the recent introduc- tion of Bus Rapid Transit (BRT) into the city. Bel and But, implementing dramatic improvements to bus systems nationwide would be effective, expeditious, and less costly Holst (2018), policy analysts from the University of Bar than doing nothing.This is a call to action.Everyone can do celona, found that BRT was in fact effective in reducing something within their purview,from citizens who petition a variety of pollutants. They note that for "urban areas the city council for a bus stop so neighborhood teens can get Springer Journal of Environmental Studies and Sciences Fig.1 Average carbon dioxide emissions per passenger—mile in the US,by Mode of Transpor- Personal Vehicle 0.47 tation,2019(Congressional Budget Office,2022) Bus 0.39 Air 0,34 Passenger Railroad 0.30 Rail Transit 0.17 downtown without borrowing a car;to city leaders who take without cars cannot accepipbs working later shifts;, but the initiative to modernize and expand the city bus system the late shift represents'as ghificant proportion of the econ- so that it is cleaner, more convenient, and more attractive omy, and this gap between workers and jobs has a detri- to riders than individual cars; to state and federal officials mental impact"your entire city(American Public Trans- who proactively funnel funds to transit agencies, enabling portation Association, 2019). If our city, like Cleveland, transit to step up and save the day when it comes to slashing could u c 4 se`its frequency and density of service,we also transportation emissions.The time is now, and the benefits coulc ee deereases in poverty. Anita Cozart,urban policy are many. rese r , describes the need to link transportation with housing in fighting poverty;doing so,she says,would create The poverty/economy argument iteennunities of opportunity"(Cozart,2017). lithe US,public transit is primarily used by people who Geographer Karen Lucas (2004, p. 291) describes those are disadvantaged in some way. Nationwide, black people who lack good transit access as suffering from"tray r are three times as likely as white people to use transit;His- erty," which, she asserts, "significantly reduces their fife panic people are twice as likely (Anderson, 2016). Tran- chances because of a reduced opportunity torraccess a decent sit riders also typically have lower incomes than average education, gainful employment, healthcare services, and (Anderson, 2016). Many lower-income people ride transit other amenities."As urban planner Ryan Snyder(2009, p. because the costs of car ownership are beyond reach(AAA 16)asserts,"good,dependable transservice provides a tool has estimated it costs$10,728 per year to own and operate a for upward mobility."Traintk cafl offer access to education, new car in 2022)(Moye,2022).Given this,it may be argued jobs,voting,government offic `, and other tools for citizen that fare-based systems place the burden of system cost on empowerment and economic opportunity. Demographic those least able to pay for it. Many transit agencies offer studies show that denser,transit-heavy neighborhoods are a reduced fare for children, the elderly and disabled, low- associated with increased social and economic mobility income people,or all three.This is a step towards justice,but (Chetty et al., 2014). And, policy researchers determined securing these discounts often involves burdensome docu- that increasing bus service in a Cleveland area neighborhood mentation and application processes that are out of reach increased job accessibility without any rise in area rents for some riders; it would be simpler, perhaps, to eliminate (Pasha et al., 2020). They conclude, "the findings support fares altogether. a policy of increasing bus frequency and route density as a Fare-free transit has been gaining popularity since low-cost way to help low-income households gain employ- the COVID-19 pandemic prompted some agencies to ment and increase wages without affecting rents and values temporarily eliminate fares to reduce germ exposure in the short term" (Pasha et al.,2020,p.33). between drivers and passengers. While studies have "Insufficient service," on the other hand, "helps to lock shown that issuing free transit passes does raise ridership transit-dependent people in the lowest-income strata of and improve public health, blanket fare-free initiatives society"(Snyder 2009).For example,in places like our city are still insufficiently studied in the scholarly literature of Roanoke,VA,the buses do not run at night, so workers (Webb et al., 2011). In some circumstances eliminating 4) Springer Journal of Environmental Studies and Sciences fares can save money for the transit agency (it saves the others, so below, we offer the equality of opportunity cost of printing and selling tickets, and the hassle of argument alongside the public good argument,the rights enforcing payment) and it saves boarding time on the argument, and so forth. Readers may be more persuaded bus, meaning routes can flow more smoothly. Many sys- by one than another or may find that the whole represents tems have seen increased ridership with fare-free transit, a multifaceted,persuasive case. and in Kansas City—one of the largest such programs in the country—riders have reported better access to gro- The equality of opportunity argument ceries,health care,and jobs(Tu,2022). However, if fares represent a substantial portion of the system's budget, Equality of opportunity—a justifying principle behind much going fare-free may not be worthwhile. As discussed talk of civil and other rights —is fruitfully regarded as a below, transit funding is hard-won, and subtracting fare question of distributive justice. Martens et al. (2012, p. 4) revenues may not always be financially wise. At the bot- propose that the transit-related good to be distributed is tom, it is a question of philosophy: is transit a "pay-as- access,rather than mobility per se.Access and opportunity you-go service" or"public infrastructure" (Tu, 2022)? are kindred concepts;both,for Martens et al.,should be dis- Transit stimulates the economy (Hook et al., 2013). tributed fairly.But what does that fairness entail?The princi- Businesses near transit stops and stations are able to ple of distribution here is open to some debate.Martens et al. attract customers on their way to or from the bus. Reli- use Rawls's theories to examine the possible distributions of able, frequent transit allows for spontaneous consumption access. At its core, Rawl?`s'idleas about distributive justice of goods and services (if my bus passes a new coffee revolve around maxim t the well-being of the worst off shop, I can get off and patronize it, knowing I will catch and minimizing the in lity spread between the best and the next bus in a few minutes). In the words of advocate the worst off( , .a ns e#al.,2012,pp.687-688). Greg LeRoy, "building transit systems creates more jobs Maximizimgthe ell-being of the worst off aligns with a than building roads" (LeRoy, 2011). Such positive exter- view of bus s ice as something that helps society's mar- nalities often go uncounted, which is why the American ginaltzed. The Americans with Disabilities Act embodies Public Transportation Association(APTA)commissions this ptinciple because it "requires meeting basic needs of studies to quantify the broader economic benefits of tran- individuals even if this means additional funding spent on sit. Every billion dollars invested in transit, according tp .r a,e, who are disadvantaged"(Vanoutrive&Cooper,2019, the APTA, increases the GDP by five billion dollars p. 11rb).For transit,this may mean providing service where a remarkable rate of return (Economic Developmettt ay there was nothing available,responding to need rather than Research Group, 2020, p. 3). For this reason, ", . inequity.Services are provided to grant access to the margin- and Hassett, writing from an economic policy thitik tank alized,and as the marginalized gain access,we are all closer for APTA, describe money spent on public transit as "a to achieving justice. very sound investment" (Shapiro&Hastt, 2005,p. 10). A similar principle of just distribution focuses on a guar- The existence of a strong bus system :a a 'atvers citizens to anteed minimum. Pereira et al. (2017, p. 182)propose that do more with their time,and has positive effects not only policies should"guarantee individuals a minimum level of on its riders but also on theeet ire community serviced. access to those key activities that are essential for meeting Transit represents an opport ' to invest in communities basic needs,such as food stores,education,health services, rather than cars. and employment opportunities."This also echoes Rawls's With benefits like the above,it would seem that transit concern for the worst off. Relatedly, some seek distributive ought to be popular and well-funded already. Practical justice that offers a"guaranteed minimum plus self-chosen arguments like those enumerated are often not widely variation" (Walker, 2012, p. 44). For example, a munici- known, so collecting them and publicizing them has pality's water and sanitation department provides clean tap value. However,even in the face of practicality, some are water that meets a certain standard for health and safety— not convinced. For this reason, we strengthen our argu- a guaranteed minimum. Those desiring even cleaner water ment with the ethical considerations below. may purchase filters,bottled water,and the like,if they can afford to do so. Similarly, a locality should provide public transit that meets a certain standard,recognizing that those who can afford to do so may choose to purchase additional Moral arguments mobility in the form of automobiles,bicycles,taxicabs,and so forth. This is sometimes called a "sufficientarianism" As with the practical arguments above, this section lists approach, which asks: is the level of service sufficient for several approaches. Just as, above, we offer the public patrons to achieve that"guaranteed minimum" level (Mar- health argument alongside the economic argument and tens,2017)? Springer Journal of Environmental Studies and Sciences Vecchio and Martens(2021)approach the same conversa- How do we know which goods ought to be provided by tion using the Capabilities Approach articulated by Sen and governing bodies and which should be left to the market,or Nussbaum. This approach focuses on the range of actions other social determinants,to distribute? Kallhoff(2011,p. available to a person,or their capabilities,to determine the 73)asserts that certain goods should be provided publicly if justice of their situation.To the sufficientarianism question, they"are critical to a basically good life of each person...are they suggest"an accessibility sufficiency threshold that not part of societal progress in terms of democratization,and... merely prevents social exclusion,but one that actually guar- can be provided without producing severe burdens."Though antees a reasonable level of freedoms"(Vecchio&Martens, she only briefly mentions public transit,clearly access and 2021, p. 848). Support for strong public transit undergirds mobility through transit qualify: they are critical to a good their arguments,as it is a prerequisite to many other capabili- life;lead to greater citizen participation and economic ben- ties and functions. efits for individuals, thus constituting democratization and All of these arguments,in sum, assert that robust public progress,and they can be provided without significant bur- transit may be justified because it facilitates a fair distribu- dens(more on cost,shortly). tion of accessibility;accessing various sites in the commu- Writer George Monbiot has popularized a related term: nity is a prerequisite for equality of opportunity or a capabil- "public luxury." "At its core,public luxury is the idea that ity to live a good life of one's choosing. 'the good stuff' doesn't have to be locked up in private own- ership"; publicly offered goods can feel luxurious (Pierre- The public good argument Louis,2023).If transit is safe,.reliable,and fast,using it can be"pleasurable rather than a sacrifice(Pierre-Louis,2023). Political philosopher Angela Kallhoff(2011, p. 78)echoes Rather than a public goocgrudgingly given,what if transit an"equality of opportunity"line of thought when she argues were a public 10Xwy,joyfully offered?Whether our transit that some public goods"figure as preconditions for access" systems readt.this Level or not,public transit clearly quali- to private goods,and therefore should be provided.4 It seems fies as a public good,and as established above,it benefits a clear that public transportation,which allows access to edu- community in'multiple ways. cation,health care,employment,and the like,should qualify as this type of public good.That emphasis on access puts her The tights argument in conversation with Martens and others above;but Kallhoff. , is also bringing in a separate concept—the public good.q There is something fundamental about being able to move Legal scholars such as Cameron Gordon alsc,appeal tot: from point A to point B.Many theorists have conceived of transportation as a public good under the rubric of this as a right. Legal scholar Daniel Newman (2017) sees ity of opportunity." He argues that just as a flourishing mobility as "part of the commons of shared community democracy requires an educated citizenry,and education is assets: a resource to which all citizens are entitled."For this provided(even required)for every indiv' ,_1,so a flourish- reason, he hypothesizes not only a right to mobility but an ing society requires robust access to locatiots vital to one's entire"Mobility Bill of Rights": life—access most equitably grante.by good quality,reli- able public transit.The right to education is ancient,rooted 1. We all have the right to affordable transportation to meet in eras when the right to transportation was unnecessary our basic needs. because communities were deuce and walkable (Gordon, 2. We all have the right to transportation that does not harm 2015,pp. 184-185).But Gordon(2015,pp. 184-185)argues us,the environment,or the climate. that times have changed,and due to the unequal distribution 3. We all have the right to transportation that does not of"locational disadvantage," the provision of transporta- threaten health, safety, water, air, or the local environ- tion is a fundamental civil right akin to the provision of ment of a community. education.Newman(2017)agrees;for him,the notion"that 4. We all have the right to a fair transport pricing system some might be shut out of ordinary life because they cannot that does not penalize those who use less. afford to run a car challenges notions of a fair and demo- 5. We all have the right not to be cut off from society. cratic society." 6. We all have the right to not be forced to use a car [in order to]... properly participate in the wider society. 7. We all have the right to a public transportation system that is owned by us and run in our interests. 8. We all have the right to efficient, inviting mobility 4 We acknowledge that according to a strict economic definition of options that do not adversely contribute to resource public goods,transit should not qualify(Zipper,2023).Kallhoff uses depletion.(Newman,2017) the term in the more general sense of"a good provided to,and funded at least in part by,the public sphere." Springer Journal of Environmental Studies and Sciences Newman explicitly invites comment and discussion, Transportation equity and transportation justice,however, describing this list as "embryonic"in its current form. For are two different notions,as explored in the next section. this study, we primarily engage with the first six points above, which could be summarized as simply a right to The transportation justice argument affordable transportation that does not harm the environ- ment or the social fabric and that does not require the use "Transportation justice describes a normative condition of a car.The language of rights is powerful and can be used in which no person or group is disadvantaged by a lack of persuasively,particularly in the context of civil rights. access to the opportunities they need to lead a meaning- Martin Luther King,Jr. used the language of civil rights ful and dignified life" (Karner et al., 2020, p. 440). With to talk about the right to geographic accessibility.He wrote, this visionary declaration, Karner et al. (2020) incorpo- Urban Transit Systems... have become a genuine civil rate several concepts from the above discussion—access, rights issue—and a valid one—because the layout of opportunity, dignity, and fair distribution. In brief, trans- rapid-transit systems determines the accessibility of portation justice takes everything above as given—oppor- tunities, capabilities, rights, public good—and brings to jobs to the African-American community.If transpor- the systems in American cities could be laid out the conversation both a backward looking analysis of the origins of injustice and a forward-looking sense of urgency so as to provide an opportunity for poor people to get meaningful employment,then they[the African-Amer- to overcome obstacles and bring justice to bear.Drawing on ican community] could begin to move into the main- environmental justice lite e,transportation justice pays attention to procedural. ustice(how are decisions made and stream of American life.(Sanchez et al.,2003,p. 3) do they include the vo ve of the marginalized?)as well as King is not alone in conceiving transportation as a right, recognition j celhow are social prejudices coloring deci- and he clearly links this to equality of opportunity(discussed sions?) (Karr et al,2020,p.442).Transportation justice above). advocates do not hesitate to call out the history of racist poli- A right to transit in particular,however,is hard to justify; cies thnt continue to disadvantage people of color in terms such an explicit right does not yet exist in writing in the o acceisand transit,and they express significant skepticism US,according to attorney Timothy Baldwin's survey of the that the state,without oversight and pressure from commu- legal literature(Baldwin,2006).Existing case law only goes tAly,groups,would move toward justice on its own(Karner as far as confirming the right to cross state borders wi i s et at,'2020,pp.450-452).Transportation justice,then,rec- the United States. However,Baldwin(2006,p 6)argues s¥xi 'ognizes public transit as necessary and good,and above all, that a case in favor of a more robust right to transitcenld As something worth funding,and worth fighting for. be built. "In future right to travel cases,"he writes,"judges will have to reconcile a poor person's theoretical liberty to move within and across states with the fac%that many living Why buses do not receive adequate funding in poverty have no access to basic services and jobs because they are unable to afford a car.'1 Why,then,do buses not receive adequate funding?First,to When it comes to the ' to equity in transportation, clarify the financial scope; then, to examine why funding the legal precedent is more rohnst. In addition to the civil does not materialize. rights struggles mentioned abov44he 1994 Los Angeles Bus Riders' Union Case (Labor/Community Strategy Center v. Budgetary context Los Angeles Metropolitan Transportation Authority)argued for a right to equity in transportation.More specifically,this In our city of Roanoke, VA, the Valley Metro bus system case showed that"71%of MTA's budget was being spent on relies on a mix of federal, state, and local funding. This is only 6 percent of riders (on rail) who were predominantly typical for transit across the US.In our relatively small city, white."This disparity,they argued,was unjust,and they won our mediocre transit system requires a total annual budget the case(Vanoutrive&Cooper,2019,p. 116).The Bus Rid- of around $10 million. Valley Metro receives roughly $3 ers' Union case"required the agency to spend comparable million from federal funds,$2 million from state funds,$2 funding on individual users"(Vanoutrive&Cooper,2019,p. million from the city of Roanoke, about $1 million from 116).Equality between users is a basic principle of distribu- other local governments the system also serves, and about tive justice. In the Los Angeles case, it meant adjustments $2 million from the farebox and advertising (KFH Group, to an existing transit system to become fairer. But it argu- 2018,p. 187). ably would have also been"fair"to cancel the transit system Improving our bus service would necessitate expanding entirely—all users would have been equally harmed—so the our budget for transit.Adding service on Sundays,for exam- right to equity in transportation only goes so far. ple,would cost an extra million dollars per year.Extending Springer Journal of Environmental Studies and Sciences our service hours past 8:30 pm to accommodate late-shift 2019" (Freemark, 2020). In other words, every significant workers would also cost an extra million dollars per year.5 city in this country—including ours—could have very high- Increasing frequency beyond once-an-hour would also raise quality transit for a surprisingly affordable rate.The Dallas costs.6 Transportation engineer Kari Watkins advocates option, which would be a significant improvement for us 10-minute headways: "When a bus arrives every 10 min or here in Roanoke,VA, would add a mere$2.2 billion to the less,riders don't have to think about when the bus is com- federal transit budget.Our national political scene,unfortu- ing,"which mimics the convenience of driving a car(qtd in nately,rarely allows for commonsense spending to benefit Pierre-Louis,2023).It is the sweet spot for attracting riders the public; sadly, Biden's promise does not seem likely to who might otherwise drive, and it grants all riders the dig- materialize. nity of respect for their time.All told,if Valley Metro could Realistically, then, state funds hold more potential. As double its budget,it might get close to the transit system we transit consultant Stephen Higashide (2019,p. 118) notes, dream of—one that represents a truly viable alternative to "States ... have the ability to 'flex' their federal funds, car driving and that treats its patrons with the dignity they transferring up to half of the money they get through most deserve. federal highway programs to a transit agency in the state." The Virginia Department of Transportation and the Vir- Valley Metro budget,2019-2028 Rough estimate ginia Department of Rail and Public Transportation receive Federal funds $3 million about$1 billion from tederal government yearly but use State funds $2 million just$123 million-12%of tile federal money—on transit. City of Roanoke $2 million (Overall in VA, only 2. , a~ DOTNDRPT's $7 billion Other localities in the area $1 million yearly budget goes to public transportation and rail)(VDOT, Farebox and advertising $2 million 2021).Clearlyribetr is room for expansion in expenditures Total $10 million on transit newIt may require a reduction in the funds spent on cars l as'a matter of distributive justice,this shift can A table laying out the revenue sources for Valley Metro,the bus be justified. '' system of the Greater Roanoke Transit Authority.Dollar figures are 4p C-, ' of the city budget,support for the Valley Metro very rough estimates;actual numbers vary from year to year,but the y sttln is a relatively minor expense. Roanoke pays more pattern holds(KFH Group,2018,p. 187) : ; , twice as much for trash and recycling collection, and Where would the extra money come from? Federal tve Ornes as much for expenses related to street paving, funds probably have the most potential for expansion ' maintenance,etc. Safe roads and effective refuse collection President Biden's presidential campaign he spoke i. , i .id '.';are clearly valuable,but so is good transit,for all the reasons ing "every American city with 100,000 or more residents listed above.We argue that a good quality bus system should with high-quality, zero-emissions public transportation be a high budgetary priority for Roanoke and for other simi- options"(Freemark, 2020). Freemark 020), a research lar cities. We are not arguing for taking money away from associate at the Urban Institute, calctalate4 how much it other public goods; the total budget needs to expand to would cost the federal government tomake good on Biden's accommodate a good quality bus system. It has been said promise. Using a handful ot bug citl as benchmarks, he that"a budget is a moral document," and we believe that is determined nationwide price'tgs for all cities of this size true in this case.Good governments should value services to have transit equivalent to Dalias,Los Angeles,Chicago, that meet the needs of their people,and in places where bus Washington DC,and New York City.The results are remark- service is inadequate,the need is acute. able.From a modest federal funding increase of 4.5%(Dal- las—service until midnight and 15-min headways) to an A sampling of expenditures from the City of Roanoke's 2021-2022 increase of 90.7% (New York—very high level of transit budget service),the range is wide;but even the highest level option Public schools(K-12) $83 million "would cost less annually($45.6 billion)than the$48 billion the federal government distributed to highway programs in Street paving,related maintenance,signs and signals $10 million Trash and recycling services $5 million Libraries $4 million 5 These figures are based on conversations at the meeting of the Valley Metro bus system $2 million Transit Passenger Advisory Committee of Valley Metro on April 8, 2021. A table showing some expenditures from the City of Roanoke's 6 Frequency is vitally important. According to Higashide (2019, p. 36),"frequent service is the base of a system that you can build your life around. The ability to 'walk up and go,' to make spontaneous decisions about when to leave and where to travel,is a freedom unat- 7 This statement is sometimes attributed to Martin Luther King,Jr., tainable to someone who has to rely on a half-hourly bus service." but no reliable documentation for that was found. ' Springer • Journal of Environmental Studies and Sciences budget for fiscal year 2021-2022.Dollar figures are rough estimates non-white,poor patrons;and urbanism.As noted above,transit tallied from various line items throughout the budget document in America,for most cities like ours,does in fact serve primar- (Cowell,2021). ily non-white,poor patrons;there is truth in that association. A bold investment in transit can lead to what economic And in this country, transit is meaningfully associated with geographers Bar-Yosef et al. (2013)call a"virtuous cycle"; urbanism—with density, walkability, and a measure of col- a lack of such investment causes a system to devolve into a lectivity.If constituents have negative connotations with either "vicious cycle." They write, "the dynamics of the vicious of these,it is hard for politicians to champion them for funding cycle converges to an equilibrium that is characterized by (Henderson,2006,p.300).If we want this kind of leadership low service frequency and low ridership,while the dynamics from our politicians it is incumbent on us to educate not only of the virtuous cycle converges to equilibrium of high ser- them but also the general public on the case for buses. vice frequency and high ridership"(Bar-Yosef et al., 2013, Americans' attachment to our cars can work against an p. 15).A sustainably funded bus system makes itself a good argument for funding the bus.Geographer Jason Henderson alternative to other types of travel,and as such attracts riders (2006,p.294)helpfully coined the phrase"essentialization who would otherwise walk,drive,or not go at all.However, of automobility"to describe a situation in which"automo- a bus system that does not have enough resources to meet bility, as a system, is considered a universal given... and its demand suffers as buses become inconvenient and unre- subsequently overlooked as a site of struggle over urban liable. While transit-dependent riders must keep riding for space."In other words,driving a car is seen as the unques- lack of other options,more affluent discretionary riders are tioned default;ridingtrap at liberty to forego bus travel. This leads to already strug- ss an aberrant,overall undesir- able anomaly. This Attitude is widespread in nearly every gling bus systems losing potential fare revenue and facing corner of this country ctside the densest city cores. It is pressure from their governments to decrease service. no wonder that holnicians and their constituents would not In order to pull a struggling system out of a vicious cycle prioritize transit funding. Indeed, transit—if it is promoted or low equilibrium, and into a virtuous cycle or high equi- as a desirable alternative to car use—seems to threaten the librium,an influx of funding is required.According to Bar- hegemony'of automobility. Yosef et al. (2013), As nod above, there are plenty of common-sense a temporary increase in subsidy combined with a arguments to unseat the primacy of car use. But automo- requirement to increase the bus frequency may lead ,ty's hegemony is psychologically tenacious, for rea- to a virtuous cycle. If subsidies are maintained lone sons Henderson (2006, p. 294)illuminates with another enough, the line, through the virtuous cycle,would felicitous phrase: "secessionist automobility"defined as converge to high equilibrium. Note that subsi "using the car as a means of physically separating one could be reduced (substantially) at the moment the self from spatial configurations like higher urban density, high equilibrium is reached, depending en operating public space, or from the city altogether." Something in costs and fare box revenues, suggestii g that short- our independent American spirit necessitates using our term increases in subsidies may act . 4y lead to a bet- cars in order to "secede" from the collective. If we are ter level-of-service and lower annual subsidies in the not accustomed to being in spaces shared with strangers, long-run. (Bar-Yosef et at,2013,p. 16) transit can feel alien, even dangerous (Mattioli, 2016). Carter (2021, p. 6) agrees that transit funding is largely In other words,increasing spending on buses can jolt the a question of culture, noting that system into an equilibrium that lives up to its potential as International and newer public transit systems across a public good that enhances community health, mitigates the globe tend to fare better in relation to the dollars they environmental harm,and stimulates economic well-being. receive from the governing bodies that provide their fund- ing... [because unlike the United States],they are cultures that have long placed high value on public transit. Rather than using automobiles for secession from society Dorval Carter,Jr.,president of the Chicago Transit Associa- and its problems,these cultures value collective responses to tion, shared an insightful perspective in his 2021 Deen Dis- collective problems.But Americans are not simply avoiding tinguished Lecture to the Transportation Research Board collectivity or density; there is, as Carter(2021, p. 6)rec- of the National Academies. "Working with elected officials ognizes,a racial dimension to this secessionist automobility and transit advocacy groups has taught me one thing,above "Lack of adequate investment in public transit has been part all,"he related"public transit funding decisions are a direct of the systemic racism in our country." reflection of who we value in our society" (Carter, 2021,p. Inwood et al.(2015),as geographers,agree with this anal- 6 emphasis in original). According to Rose Weitz(2008, p. ysis but add a spatial turn. They note that the Montgomery 169),a researcher at AZ State,public transit is associated with bus boycott occurred concurrently with the 1956 Federal Springer Journal of Environmental Studies and Sciences Aid to Highways Act;that just as buses were becoming more The struggle is mighty,but racism and automotive hegem- welcoming to people of color,the government was helping ony are not fixed in stone.Cultures can change.Inwood et al. white people to engage in secessionist automobility(Inwood, (2015,p.428)strike a hopeful note: "If more people in the Joshua et al., 2015, p. 420). The new highways facilitated United States took public transportation seriously,and saw "white flight" from racially diverse neighborhoods and it as a viable transport option,then more funding would be spawned sprawling suburbs while inner city areas festered made available."Weitz(2008,p. 170)takes a similar tone, from lack of investment. Inwood et al. (2015, p.428)note encouraging"wider support"for transit in order to improve that ever since the desegregation of public services,state and its"popular image" and thus its political viability. Hender- regional bodies"have become less and less open to funding son(2006,pp.294,303)is less optimistic,but he does rec- public transit," throughout the country but perhaps espe- ognize that the"inevitability hypothesis"—that cars rule and cially in the South.Thirty US states have even passed laws no one can change this—is false;he also notes that forces "that bar state gas tax monies from being spent on anything of capitalism(needing transit to bring workers to jobs,say) other than highway construction." (Inwood, Joshua et al., can undermine anti-transit views,in at least some instances. 2015, p. 431 n. 2). Automobility has seceded from every Though cultural patterns like racism and automotive other mode of transit and refuses to subsidize others(while hegemony are difficult to unseat, it is not impossible. By accepting generous government support for roads and sub- advocating for better transit, we join change agents across sidies on oil). the country attempting tshift the balance towards a better While those of means have made sure to protect their future. automobility,support for public transit has diminished over the years. Inwood et al. (2015, p. 422) analyze this as if it were deliberate: "The project of ensuring white supremacy Conclusiontgood enough transit required the production of immobility among African Amer- icans," they write. And people of color can certainly feel Throu,gtoU this essay, we have referred to an ideal of stranded by their constrained options in many cities(Barajas, good "adequate,"or"strong,"transit,without fully defin- 2021).After the Montgomery bus boycott,`African Ameri- ing The term is hard to define because it depends on the can riders now have the option of sitting wherever they like tocy,but in a general sense,we support"making transit on buses";however,"the likelihood that buses will get them dignified," as Higashide (2019, p. 63) puts it. Transit where they need to go when they need them to get thereiis " ;that is not only frequent, but reliable, safe, and clean, can significantly less than it was 60 years ago'(Inwood,Joshua support the human dignity of the users and employees(Iseki et al.,2015,p.428).The neglect of bus systems in Altai* F=.&Smart,2012).This also means making fare levels fair to ours,or Baton Rouge,LA(as Inwood et al.discuss in some those of lower income,so that those who struggle financially depth)effectively disadvantages people of color and those need not suffer unduly(Higashide, 2019,p. 86). Transit is who are in poverty.What will it take to change this? "good enough"when it truly meets the needs of those with Unfortunately,the advent of novel fams oftransit,from few options and also entices the patronage of those who so-called car sharing to autonomous vehicles, has proven could drive instead. a distraction from the issue*adequate"support for public Buses can be agents of grace. Higashide (2019, p. 90) transit. As transportation en_ -r Graham Currie relates, writes, "it is an unfair reality that transit agencies bear the ride-sharing programs such as!Air,hailed as a replacement burden of upstream societal failure"—from redlining to Mad- for both private cars and public transit,fall far short of their equate mental health care to homelessness.Given that buses promise.They are notoriously inefficient—rarely do stran- interface with an often-struggling public,a good bus experi- gers share such a ride, and Uber vehicles are in fact empty ence can be uplifting to those who use it.Operators and pas- (apart from the driver) 34% of the time (G. Currie, 2018). sengers across the country create good experiences on buses Autonomous vehicles are already in use in the world of tran- daily, and this can expand as systems improve. Higashide sit,in the form of automated light rail and subway systems, (2019,p.91)agrees that"All transit riders deserve a transit but putting these on the road makes little sense unless they experience that is safe,welcoming,and intuitive.That may have a similarly high passenger capacity(G.Currie,2018). never be completely possible in an oppressive and flawed Autonomous buses might be valuable,but cars?Again with world.But planners can work for transit that improves access the automotive secession! Unless we question our need to and strive to avoid inflicting greater harm."`Adequate"tran- avoid public contact while traveling through public space, sit should include transit that is equipped to handle chal- transit—with all of its benefits—will languish. These new lenges, and that makes things better, not worse, for those technologies are largely distractions from the solution that on the margins. is staring us in the face. Indeed,buses are"more than a means to move people and goods"; they are "a way to build healthy, opportunity-rich Springer Journal of Environmental Studies and Sciences communities"(Bell&Cohen,2009,p. 10).To fully under- Carter DR Jr(2021)Our work is never done:examining equity impacts stand this, decision-makers whose choices affect transit in public transportation.Transport Res Record:J Transport Res "should themselves take all forms of transport available to Board 2675(i):1-9 Chetty R,Hendren N,Kline P,Saez E(2014)Where is the land of them"; this enhances their understanding of the issues and opportunity?the geography of intergenerational mobility in the holds them to the "simple but basic `reality' test of sitting United States,vol 104 Congressional Budget Office(2022)Emissions of carbon dioxide in next to someone different every day"(Allen,2008,p. 10).As it benefits an entire community,transit should be paid for by the transportation sector.United States Congress.https://www. cbo.gov/publication/58861 the entire community,not simply user fares.Just as our taxes Cowell RS (2021)City of Roanoke adopted budget for fiscal year support schools and water infrastructure, so public transit 2021-2022. City of Roanoke https://www.roanokeva.gov/ should be supported—adequately,and even robustly—by the DocumentCenter/View/16229/FINAL-ADOPTED-BUDGET- DOCUMENT-FY22 public.Well-funded public transportation systems—which, Cozart A(2017)Transportation matters:closing the chasm between in most cases, should feature a robust and well-funded bus housing and transportation to foster communities of opportunity system—have the potential to act as a key ingredient in for all.J Afford Housing Commun Develop Law 25(2):219-230 healthy, prosperous, and just communities. 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Sci Am 328(5):74-79 Publisher's Note Springer Nature remains neutral with regard to Sachs W(1992)For the love of the autmobile:looking back into the jurisdictional claims in published maps and institutional affiliations. history of our desires.Universtiy of California Press Saelens BE,Vernez Moudon A,Kang B,Hurvitz PM(2014)Rela- tion between higher physical activity and public transit use.Am J Pub Health Springer toDon5 �xf'Cth ova c November 20, 2023 To Mayor Lea, City Council and City Manager The Friends of Washington Park, Gainsborough Southwest Neighborhood Organization, Gainsboro Historic Preservation, and a collaboration of other partners, wish to thank you for not demolishing the caretaker's house and allowing it to remain located in Washington park as another amenity for the community along with the new pool facility. We appreciate you listening and addressing our concerns about the historical value of this landmark. We strongly believe that this was the right decision, that it should be preserved and renovated for adaptive reuse. Your support means a lot to us. We look forward to working together for a win-win solution that this house will once again become a beneficial asset to this city for decades to come. As community members and park advocates, we truly want to — and feel that we should — have a say in our local parks and recreation and communities. Thank you. The Friends of Washington Park COBB City of Roanoke, Virginia CITY COUNCIL RECESSED SESSION (BUDGET PLANNING RETREAT) INIO November 21 , 2023 ROA N O K E 8:30 AM Raleigh Court Library 2112 Grandin Avenue, S.W. AGENDA 1. CALL TO ORDER - ROLL CALL. All Present. Council Members Sanchez-Jones, Volosin and Vice-Mayor Cobb arrived late. 2. OVERVIEW OF AGENDA AND MEETING PURPOSE. 3. TOPICS FOR DISCUSSION: Current Fiscal Context. Performance of Current Budget. FY25 Revenue Projections. High-Priority Anticipated Expenditures. Capital Improvement Program. Enterprise Operations/Charges for Services. Discussion of Meeting/Entertainment Venues. Tax Discussion. 4. BUDGET TIMELINE AND NEXT STEPS: 5. ADJOURNMENT - 3:55 P.M. rip31 H 0 › 1\) ° Cz 0 n o 0 — z rn r o H m I� • C die _ i ; � eYgrQ6 ttt( � t . tea, r _ c ^- G i _ , ,`, ; 14 = s . �' =en 4 � i F 1 - E y . . . . ii ' C..4, .4...il . . 0 ,._, . \, - ;', zr.,-..._=::. :10NO EETIL4t ' -' ar '',' r ---L, ,,,,‘t 111, ;1....:,.-,..;..........., , k C E . aaaan:avn i. ii _ srati.a v.+„:„.„ z `t fi ems:. z t i 110 0 owe • 0 I 0 M o m 0 S. CD 0 I CO c CD 00 co FT] ell te E 0 0 > o .% o -I a) a U Q. O (7 0 CA o co DSO -0 _ o� o N CD CD LD,s • CD o< g CD C CI D (D 3Q C - O CD 2 5 CAD v 0 INA CD O W 0 0E iri 'iho E C_) i x -T)I iii= (7) 0 . . � < 0 � 0 5 * '0 E e, i Co m m CD �. 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