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Council Actions 03-18-24
MOON REYNOLDS 42890-031824 City of Roanoke, Virginia CITY COUNCIL March 18, 2024 2:00 PM ROA N O K E 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 Amy Hodge, Pastor, Mt. Zion AME Church. 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: NONE. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Chris Craft, P.O. Box 12804, 24028, appeared before the Council and expressed concern about matters with the Wildwood Civic League, school funding revision and gun shows returning to Roanoke. Debra Carter, 3038 Melrose Avenue, N. W., appeared before the Council and expressed concern with regard to Lick Run Creek and the Stormwater Master Plan. Duane Howard, 1221 6th Street, S. E., appeared before the Council and expressed concern with regard to the dissolving of the Southeast Action Forum and the ramifications of the proposed zoning reform. Mark Hostetter, 344 Day Avenue, S. W., appeared before the Council and advised that the blanket approach with regard to the proposed zoning reform would not be appropriate for Roanoke. Freeda Cathcart, 2516 Sweetbrier Avenue, S. W., appeared before the Council and requested that the Evans Spring matter be tabled to allow for the addition of a disclaimer. 4. CONSENT AGENDA: APPROVED, AS AMENDED. (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. Council Member Priddy requested that Item C-1 be removed from the Consent Agenda. Council Member Moon Reynolds requested that Item C-2 be removed from the Consent Agenda. C-1. Minutes of the regular meeting of City Council held on Monday, February 5, 2024, recessed until Tuesday, February 20, 2024. (7-0) 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 three upcoming vacancies on the Roanoke City School Board expiring June 30, 2024, pursuant to Section 2.2- 3711 (A)(1), Code of Virginia (1950), as amended. (7-0) 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, being the annual performances of the Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-4. A communication from the City Manager requesting a Closed Meeting to discuss the possible acquisition of real estate near the intersection of 9th Street and Riverland Road, S. E., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C-5. A communication from the City Manager requesting that Council schedule a public hearing for Monday, May 20, 2024, at 7:00 p.m., or as soon thereafter as the matter may heard to update the H-2 Design Guidelines. RECOMMENDED ACTION: Concurred in the request. C-6. A communication from the City Clerk advising of the resignation of Sue Agresta as a member of the Board of Zoning Appeals, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C-7. A communication from the City Attorney requesting that a public hearing be scheduled and advertised to be held on Monday, April 15, 2024, at 2:00 p.m., or at such time as the matter may be heard, or at such later date and time as the City Manager may determine, regarding the proposed Resolution authorizing the City to contract debt and issue General Obligation Public Improvement Bonds to pay the costs of construction of an expansion to and renovation of the Hotel Roanoke and Conference Center. RECOMMENDED ACTION: Concurred in the request. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: 1. Update by Good Samaritan Hospice on the building construction project on Cove Road. Aaron Housh, Chief Executive Officer and Scotti Hartman, Vice- President of Business Development, Good Samaritan Hospice, Spokespersons. (Sponsored by Vice-Mayor Cobb and Council Member Moon Reynolds) Received and filed. 7. REPORTS OF CITY OFFICERS AND COMMENTS OF CITY MANAGER: 1. CITY MANAGER: BRIEFINGS: Updated Five-Year Plan for Opioid Abatement Authority Funding - 15 minutes FY 2024 February Monthly Budget Report - 15 minutes RVARC Annual Briefing and SmartScale - 45 minutes ITEMS RECOMMENDED FOR ACTION: A. Acceptance of Virginia Department of Transportation SGR Grant for the 13th Street over NS Railroad Bridge, SW Renovation. Adopted Resolution No. 42890-031824 (7-0) and Budget Ordinance No. 42891-031824. (6-0, Council Member Sanchez-Jones was not present when the vote was recorded.) B. Acceptance of Virginia Department of Transportation IIJA Grant for the Persinger Road over Murray Run Creek Replacement. Adopted Resolution No. 42892-031824 and Budget Ordinance No. 42893-031824. (6-0, Council Member Sanchez-Jones was not present when the vote was recorded.) C. Acceptance of Virginia Department of Transportation IIJA Grant for the 13th Street over Tinker Creek, NE Superstructure Replacement. Adopted Resolution No. 42894-031824 and Budget Ordinance No. 42895-031824. (7-0) D. Authorization to negotiate with owners for purchase of property in connection with the West End Stormwater Drainage Improvement Project. Adopted Ordinance No. 42896-031824. (7-0) COMMENTS OF THE CITY MANAGER. The City Manager advised that the action City Council took at the February 20 public hearing on the Evans Spring Plan was not for a development plan and if a development plan was to be presented, it would have prior requirements to be fulfilled, such as a rezoning; and added that in terms of the school funding policy, which was discussed by the working group, surrounds any year-end surplus which was not available for recurring expenses such as salaries. 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. 42897-031824. (7-0) 2. A report of certain Authorities, Boards, Committees and Commissions in which City Council serve as liaisons or appointees. Council Member Priddy announced that the General Assembly's legislative session wrapped up and would determine if a Legislative Committee meeting was necessary and would consult the City Clerk on an appropriate date and time for said meeting. 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 1. An ordinance to amend City Code Section 2-306, Gun Violence Prevention Commission, to update the Commission's composition. Adopted Ordinance No. 42898-031824. (6-0, Council Member Moon Reynolds was not present when the vote was recorded.) 2. An ordinance to amend City Code Section 2-282, Mayor as ex-officio member of committees, to remove the Mayor as an ex-officio member of the Gun Violence Prevention Commission. Adopted Ordinance No. 42899-031824. (6-0, Council Member Moon Reynolds was not present when the vote was recorded.) 3. An ordinance to amend City Code Section 22.3-78, Administration and Investment, to update the composition of the Defined Contribution Board. Adopted Ordinance No. 42900-031824. (6-0, Council Member Moon Reynolds was not present when the vote was recorded.) 11. MOTIONS AND MISCELLANEOUS BUSINESS: 1. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Volosin commented that he attended the National League of Cities Conference, in Washington, D.C., and spent time on Capitol Hill with Congressman Kline on the Affordability Connectivity Plan. He added that it was a great conference and very beneficial. 2. Vacancies on certain authorities, boards, commissions and committees appointed by Council. None. 12. RECESSED - 5:14 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. City of Roanoke, Virginia CITY COUNCIL 7:00 PM ROAN O K E 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) Council Member Moon Reynolds arrived at 6:05 p.m. and participated in a Closed Meeting to discuss a personnel matter, being the performances of Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. 14. PRESENTATIONS AND ACKNOWLEDGEMENTS: Recognition of the Accessory Dwelling Unit (ADU) Design Competition. Katharine Gray, Principal Planner, Planning, Building and Development recognized the winners of the Accessory Dweiling Unit (ADU) Design Competition. 15. PUBLIC HEARINGS: 1. Request of 1729 Patterson Avenue LLC, to rezone the property located at 1729 and 0 Patterson Avenue, S. W.; bearing Official Tax Map Nos. 1212309 and 1212310 (respectively), from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, subject to the Development Plan. Jeffrey Wood, Agent, Spokesperson. Adopted Ordinance No. 42901-031824. (7-0) 2. Request of the City of Roanoke to propose amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, by amending and reordaining, adding, or deleting code sections to remove barriers for the creation of affordable housing, to make the zoning code consistent with state code, to create an additional zoning district (UC Urban Center), and to make changes to the use tables for residential, multiple purpose, industrial, and planned unit development districts. Phillip Moore, Zoning Administrator, Spokesperson. Adopted Ordinance No. 42902-031824. (5-2, Council Members Moon Reynolds and Priddy voted no.) Council Member Priddy offered a motion to continue the Council Meeting past 11:00 p.m. The motion seconded by Council Member Sanchez-Jones and adopted unanimously on voice vote. 16. 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. Maynard Keller, 825 Brownwood Drive, N. W., appeared before the Council and spoke with regard to taxes being too high. Laura Hartman, 1209 Campbell Avenue, N. W., appeared before the Council and spoke with regard to the need for paratransit and online services. Kate Wooley, 3012 Ordway Drive, N.W., appeared before the Council with regard to public transit improvement. Council Member White-Boyd announced that City Council would extend the deadline to receive applications to serve as a Trustee on the Roanoke City School Board until Monday, April 1, 2024, at 5:00 p.m. On Monday, April 15, 2024, Council will discuss candidates and schedule interviews for Monday, May 6, 2024, and a public hearing to hear the views of citizens on the interviewed candidates will be held on Monday, May 20, 2024. ADJOURNED - 11:02 P.M. CITY OF ROANOKE e - OFFICE OF THE MAYOR 215 Church Avenue,S.W., Suite 452 ti.. Roanoke,Virginia 24011-1536 Telephone: (540)853-2444 Fax:(540)853-1145 E-mail: MAYOR@ROANOKEVA.GOV SHERMAN P.LEA,SR. Mayor March 18, 2024 The Honorable Vice-Mayor Joseph L. Cobb and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Cobb and Members of Council: This is to request that the Council convene in a Closed Meeting to discuss the appointment of three Trustees to serve on the Roanoke City School Board, for three-year terms, each, commencing July 1, 2024 and ending June 30, 2027, pursuant to Section 2.2-3711(A)(1), Code of Virginia (1950), as amended. Sincerely, Sherman P. Lea, Sr. Mayor SPL:ctw STATEMENT OF CONFLICT OF INTEREST Ig561-14VAMASIMD6Abz7b o X state that I have a personal interest in agenda item A" regading �'` Y� 0_, 150,(1M-2htk., Ci C_J1 'a l� `�one) e u A,, e .�t c —hoc�� I S . "'"`because Therefore, in in accordance with irginia Code Section 2.2-3112, I will refrain from participation in this matter. I ask that the City Clerk accept this statement and ask that it be made a part of the minutes of this meeting. Witness the following signature made this W-, day of 1,1 2024. Y) .i' --)16 �( al) ar t.:_e‘'yyt,77 L ; '.t CITY OF ROANOKE r "' CITY COUNCIL 215 Church Avenue,S.W.,Suite 456 1,1 # Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 SHERMAN P.LEA,SR. E-mail: c►erk@roanokeva.gos Council Members Mayor Joseph L.Cobb Luke W.Priddy Stephanie Moon Reynolds Vivian Sanchez-Jones Peter J.Volosin Patricia White-Boyd March 18, 2024 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: I wish to request a Closed Meeting to discuss the performances of the Council-Appointed Officers, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, W.474;;;,zu s‘akit7677et Patricia White-Boyd, Chair City Council Personnel Committee PWB:ctw ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 18, 2024 Subject: A communication from the City Manager requesting a Closed Meeting to discuss the possible acquisition of real estate near the intersection of 9th Street and Riverland Road, S. E., where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711.(A)(3), Code of Virginia (1950), as amended. Background: The City Manager requests a Closed Meeting to discuss the possible acquisition of real estate near the intersection of 9th Street and Riverland Road SE, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711.(A)(3), Code of Virginia (1950), as amended. Recommended Action: Concur in the request. 416P Bob Cowell, City Manager Distribution: ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 18, 2024 Subject: A communication from the City Manager requesting that Council schedule a public hearing for Monday, May 20, 2024, at 7:00 p.m., or as soon thereafter as the matter may heard to update the H-2 Design Guidelines. Background: In Old Southwest, 22 buildings were razed in one year during the 1970s. A non-profit organization, the Old Southwest Neighborhood Alliance, formed that decade to protect the neighborhood. In 1985, the National Park Service listed the Southwest Historic District in the National Register of Historic Places and the Commonwealth of Virginia created a parallel listing in its Virginia Landmarks Register. The historic district is roughly bounded by Salem Avenue, Jefferson Street, the Roanoke River, and 20th Street. In 1987, in response to community interest in preserving the district's historic landscape and following a public process, City Council adopted the H-2 Overlay District. The overlay district originally included all of the Old Southwest, and portions of, the Mountain View and Hurt Park neighborhoods. A portion of the Gainsboro neighborhood was later added to the overlay district. In 1979, City Council established the Architectural Review Board (hereafter ARB) with the stated purpose of protecting designated historic properties against destruction or encroachment of architecturally incompatible buildings and structures within the H-1 District. In 1987, City Council expanded the board's responsibility to include the new H-2 Historic Preservation District. The goals of design review by the ARB are: to ensure that work on historic buildings preserves architectural features and historic character, to ensure that new construction is compatible with existing nearby and adjacent buildings, and to pursue all alternatives to demolition of important buildings. Every year, the ARB reviews many applications in administering the historic district regulations adopted by City Council, as they pertain to the city's H-1 and H-2 Historic Districts. In 2023, the ARB reviewed 52 applications: 41 were approved and Certificates of Appropriateness issued, six were denied, and five were withdrawn. In addition, the ARB Agent reviewed and approved 119 Certificates of Appropriateness. Considerations: In 2020, City Council, after a multiple year public process, adopted City Plan 2040 as the City's comprehensive plan. Preserving culturally, historically, and architecturally significant buildings and sites remains a key element in how to grow our community through preservation and context sensitive design. The plan also recommends review and revision of the Architectural Design Guidelines to improve clarity and respond to new technologies and materials. As such, the ARB has undertaken a review of the H-2 Architectural Design Guidelines. The recommended revisions address the areas of most needed updates: windows and doors, roofing, and alternative energy sections. The zoning code provides for adoption of Architectural Design Guidelines by the Architectural Review Board. While City Council adoption is not specified by City Code, it has been customary for City Council to endorse the guidelines whenever they are revised. This endorsement affirms Council's support of the preservation policies implemented by the historic overlay zoning districts. Staff will get the word out about the proposed revisions through the City's web site, media contact, and CivicSend email blasts. Staff will hold a general public meeting plus four focused neighborhood meetings throughout March. Staff will present proposed changes to the Architectural Design Guidelines for adoption by the ARB in April and schedule a Public Hearing for endorsement by City Council on or after May 20, 2024. Recommended Action: Concur in the request. Bob Cowell, City Manager Distribution: Council Appointed Officials 01 704.4%.44. 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 T.WEBB,CMC E-mail: clerk@roanokeva.gov Deputy City Clerk CECELIA F.MCCOY,CMC City Clerk RUTH VISUETE-PEREZ Assistant Deputy City Clerk March 18, 2024 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: This is to advise that Sue Agresta has tendered her resignation as a member of the Board of Zoning Appeals, effective immediately. Sincerely, Cecelia F. McCoy, CMC City Clerk Cecelia Webb From: Ruth Visuete Perez Sent: Tuesday, March 12, 2024 3:01 PM To: Cecelia Webb Subject: FW: Re: Board of Zoning Appeals: March 2024 Public Hearing Canceled From: Emily Clark<emily.clark@roanokeva.gov> Sent:Thursday, February 22, 2024 9:32 AM To: Ruth Visuete Perez<ruth.visueteperez@roanokeva.gov> Cc:Tina Carr<tina.carr@roanokeva.gov>; Phillip Moore<phillip.moore@roanokeva.gov> Subject: Fw: Re: Board of Zoning Appeals: March 2024 Public Hearing Canceled For your awareness. Thank you, Emily G. Clark Boards&Commissions Specialist Planning,Building,&Development City of Roanoke From:Sue Agresta <sagresta02@gmail.com> Sent:Thursday, February 22, 2024 8:42 AM To: Emily Clark<emily.clark@roanokeva.gov> Subject: [EXTERNAL] Re: Board of Zoning Appeals: March 2024 Public Hearing Canceled Dear Emily, With great regret I must tender my resignation from the Board of Zoning Appeals. Having received positive results from a biopsy, it is confirmed that my cancer has returned. Treatments will no doubt interfere with the Board's agenda and Roanoke deserves consistent attendance which I cannot promise. Thank you for all your kindness. I hope that given the lack of applicants in March, that you will have time to find a replacement. Sincerely, Sue Agresta Sent from my iPhone On Feb 21, 2024, at 1:27 PM, Emily Clark<emily.clark(roanokeva.gov> wrote: i o� CITY OF ROANOKE ��4 ,� t OFFICE OF THE CITY ATTORNEY G = 464 MUNICIPAL BUILDING David L. Collins �� 215 CHURCH AVENUE, SW Laura M. Carini Nei ROANOKE,VIRGINIA 24011.1595 Jennifer L. Crook Lalita Brim-Poindexter Timothy R. Spencer TELEPHONE 540-853-2431 Kimberly P. Beamer City Attorney FAX 540-853-1221 Assistant City Attorneys EMAIL: cityatty@roanokeva.gov March 18, 2024 The Honorable Sherman P. Lea, Sr., Mayor and Members of City Council Roanoke, Virginia Re: Request Public Hearing Dear Mayor Lea and Members of City Council: Authorize the advertising of a public hearing pursuant to Section 15.2-2606.A of the Code of Virginia, 1950, as amended, on Monday, April 15, 2024, at 2:00 P.M., local time, or as soon thereafter as the matter may be heard, in the Council Chamber, Fourth Floor,Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of a Resolution authorizing the City to contract a debt and issue General Obligation Public Improvement Bonds of the City in the principal amount of not to exceed $14,000,000 for the purpose of providing net proceeds of sale(after taking into account costs of issuance, underwriting compensation and original issue discount) to pay the costs of construction of an expansion to and renovations of the Hotel Roanoke and Conference Center (including related design and architectural and engineering services). Recommended Action: Authorize the scheduling of a public hearing in Council Chamber for Monday, April 15, 2024, at 2:00 p.m., or at such time as the matter may be heard, or at such later date and time as the City Manager may determine, regarding the proposed Resolution authorizing the City to contract a debt and issue General Obligation Public Improvement Bonds to pay the costs of construction of an expansion to and renovations of the Hotel Roanoke and Conference Center. Sincerely, moth . pencer City Attorney TRS/lsc c: Robert S. Cowell, Jr., City Manager Cecelia F. McCoy, City Clerk Margaret Lindsay, Accounting Systems Manager , CITY OF ROANOKE P. CITY COUNCIL 215 Church Avenue,S.W.,Suite 456 l Roanoke,Virginia 24011-1536 Telephone: (540)853-2541 Fax: (540)853-1145 SHERMAN P.LEA,SR. E-mail: clerk@roanokeva.gov Mayor Council Members Joseph L.Cobb Luke W.Priddy Stephanie Moon Reynolds Vivian Sanchez-Jones Peter J.Volosin Patricia White-Boyd March 18, 2024 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: We jointly sponsor a presentation by Good Samaritan Hospice, to present information with regard to a construction project on Cove Road, at the regular meeting of City Council to be held on Monday, March 18, 2024, at 2:00 p.m. Sincerely, Joseph L. bb Vice-Mayor Stephanie Moon Reynolds Council Member J LC/S M R:ctw (1) . c..) 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I �' ` Ai Gel' 1 °�f 44 ki 1 ..1.4,„.„._ 1 . ,, ..i I . *�� , Itit , , ---------''...4444.:410: ,. 'ti:Siall,:i:''*:;;;;',-.2..,' I , f dud _ r 1 s , o • U N c2 N U od C R O 'O d U l//^J C v / @ Q C.1) -4-. L-_--t o U � o ;.... o o .........., o `4.-....., L 1-11 i 0 Tz) Comments regarding Good Samaritan Presentation March 18, 2024 I recently had the privilege of touring the first phase of an exceptional project. The dedication to in-patient care is evident and commendable. I wish to extend my heartfelt gratitude to Scotti Harman and the Administration for extending the invitation. I wish to emphasize Good Samaritan Hospice mission and vision statements, which reflect their unwavering commitment to providing top-tier services for their patients. Good SAM's history and culture are deeply intertwined with the community members who founded this hospice, shaping it into the beacon of excellence it stands as today. Amidst the complexities of the healthcare landscape, its mission remains steadfast: to ensure that every moment of their patients' lives is filled with comfort and dignity, which is vitally important. It is known they strive not only to facilitate peaceful, pain-free transitions but also to enrich their lives until the very end. In closing, I'd like to bring attention to the remarkable progress achieved by Good Sam and the profound impact this facility will have on providing in-patient care. Thankful to this Council for repealing certain proffered conditions on this property and approving the rezoning subject the Development Plan as submitted for this facility, to serve not just the Roanoke Valley but also extend its reach far beyond. Thank you for coming to share and I look forward to the Ribboncutting on June 7. Council Member Stephanie Moon Reynolds .141 ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 18, 2024 Subject: Updated Five-Year Plan for Opioid Abatement Authority Funding - 15 minutes Background: Major opioid settlements have resulted in payments flowing to Virginia. The first was from McKinsey, a consulting/marketing company, for just under $12M, which is now provided in the Opioid Abatement Fund. The second settlement was part of a nationwide agreement worth $26 billion with three wholesale distributors of prescription opioid medications (McKesson, Cardinal Health, and AmerisourceBergen). The third was with opioid manufacturer Janssen Pharmaceutical. The Office of the Attorney General worked with local government attorneys/counsel to craft an MOU describing how to allocate opioid settlements. The agreement includes a formula for distributing the proceeds based on a measure of harm per capita to communities across Virginia. All 133 counties and cities in the Commonwealth signed this MOU. The Opioid Abatement Authority (OAA) was established by the Virginia General Assembly in 2021 as an independent entity to abate and remediate the opioid epidemic in the Commonwealth and is financially supported by the Virginia Opioid Abatement Fund. The OAA offers grants for localities and cooperative partnerships. If a locality agrees to follow the gold standard in the expenditure of all Opioid Settlement funds, the locality will become eligible for a 25% Incentive in increased funding for local grants through the OAA. To qualify under the OAA's "Gold Standard": Participating cities and counties will only utilize OAA Distributions to fund efforts designed to treat, prevent, or reduce opioid use disorder or the misuse of opioids through evidence-based or evidence-informed methods, programs, or strategies; Participating cities and counties shall not supplant funding of an existing program nor collect indirect costs; and Participating cities and counties shall provide the Authority with information on implementation of said methods, programs, or strategies and allow such monitoring and review as may be required by the Authority. Also, Participating cities and counties must agree to certain base terms and conditions established by the OAA Board of Directors before receiving any OAA Distributions. Considerations: In 2023, the City approved a five-year plan for the Opioid Abatement funds and established $281,100 in funding while applying for a $500,000 cooperative grant with Roanoke County to support the Collective Response. Recommended Action: Review the updated five-year plan for opioid abatement funding. As projects and cooperative grants are approved for funding, the five-year plan will be adjusted and acceptance of the funds and the creation of a budget ordinance will be offered at that time. Bob Cowell, City Manager Distribution: Robert S. Cowell, Jr., City Manager Timothy R. 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Q Q -v `o ° cC E -oU c c N cn O cd ... •- a N 0' r 0 " > v) N a;a Q > C v b„p N N U Q tn '32Iilu Q -10 trd I L 118 Fi 0 (CI 4-1 2 4----6 0 11 O c Ce 0 > CU ID `4- co • • • . 4 Atints am t i t lig- IC1 tl9 A , _„„ ,__ ,, ,,,__,-,_. wr Alb', Iv V ,, 4 , _ ( - --- . \ L ,.. ,- .... . , _ aA fr Vf-Aves• , ,.. -', --- t • 4.. .,.,,, ... 41011,.... t• :::: i CI) of .. • 4INJ C a) c 0 s. cu E t 0 a 0 rd C ed -6 z > . c, 0 7,.; •_ o 0_ c., > 8 Lim 0 r„. CI. E ._ C 0 Tj C d 4-1 I. 0 .,_ . ii C • (d .SO• r_ _agog.> "irk di c c ' `IlioN 0 w -ci I. -.4 ,r'• < a) -4 21 C 0 rd CC; C.I. CI Loom 0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of March 2024. No. 42890-031824. A RESOLUTION authorizing the acceptance of the Virginia Department of Transportation ("VDOT") State of Good Repair("SGR") Grant for the 13th Street over Norfolk Southern Railroad Bridge, S.W. Renovation and authorizing the City Manager or his designee to execute, and file appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the VDOT SGR Grant in the total amount of $5,418,528, with no local match, for the 13th Street over Norfolk Southern Railroad Bridge, S.W. Renovation, as further outlined in the City Council Agenda Report dated March 18, 2024. 2. The City Manager or his designee is hereby authorized to accept,execute,and file on behalf of the City of Roanoke any and all documents required to obtain such funding including the VDOT Standard Project Administration Agreement for Federal-aid Projects, Appendix A, and Appendix B. All such documents to be approved as to form by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. 4. The City Manager or his designee is further authorized to take such further actions and execute such further documents,approved as to form by the City Attorney,as may be necessary to obtain, accept, implement, administer, and use such funds identified above. ATTEST: a 4 City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of March 2024. No. 42891-031824. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation (VDOT), for repairs to the 13th Street over NS Railroad Bridge SW, amending and reordaining certain sections of the 2023-2024 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2023-2024 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Federal Grant Funds 08-530-9309-9002 $ 5,418,528 Revenues VDOT SGR 13th Street over NS Railroad 08-530-9309-9309 $ 5,418,528 Bridge SW 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. ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 18, 2024 Subject: Acceptance of Virginia Department of Transportation SGR Grant for the 13th Street over NS Railroad Bridge, SW Renovation. Background: As part of the annual Transportation Inspection Program, the City inspects its bridge structures every 2 years. A report of the findings for each bridge is provided to the Virginia Department of Transportation (VDOT) and Federal Highway Administration (FHWA). The latest inspection report for the 13th Street over NS Railroad Bridge, SW identified areas in need of future repair. The City applied for VDOT State of Good Repair (SGR) funds to perform the repairs, which included a superstructure (beams/girder) and deck (concrete riding surface) replacement. Considerations: The Virginia Department of Transportation has awarded the City a SGR grant of$5,418,528 to perform the repairs. There is no local match required. Recommended Action: Accept VDOT's $5,418,528 award of SGR funding. Authorize the City Manager to execute the VDOT Standard Project Administration Agreement for Federal-aid Projects, Appendix A, and Appendix B (Special Funding Program Conditions and Requirements) documents similar to the ones attached to this report. Such documents shall be in a form approved by the City Attorney. Authorize the City Manager to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to obtain, accept, implement, administer, and use such funds identified above. Adopt the accompanying Budget Ordinance to establish revenue estimates for the funding sources identified above and appropriate funding in the same amount to the expenditure account, 08-530-9595 - 13th Street SW over NSRW Bridge Reno (#1825). Bob Cowell, City Manager Distribution: Council Appointed Officers Samuel Roman, Assistant City Manager Amelia C. Merchant, Deputy Director of Finance Ross Campbell, P.E., Director of Public Works Luke Pugh, P.E., City Engineer III. s # E o `` Wiz. g G �`1' /� Rip r '6€ _ - $Y �i �{'�♦ -At cz) .2 .may-`." .4, G G 44 (13 N. Z . 7 O N t cn �'1`� r 7 - d it t fid _ .1.1 123°4°1 "� =o-`1` Co rl- N. . .a 3 - ;. U STANDARD PROJECT ADMINISTRATION AGREEMENT Federal-aid Projects Project Number UPC Local Government 0011-128-518 124027 City of Roanoke THIS AGREEMENT, is hereby made and effective the date of the last (latest) signature set forth below, by and between the CITY OF ROANOKE, VIRGINIA., hereinafter referred to as the LOCALITY and the Commonwealth of Virginia. Department of Transportation, hereinafter referred to as the DEPARTMENT. The DEPARTMENT and the LOCALITY are collectively referred to as the "Parties." WHEREAS. the LOCALITY has expressed its desire to administer the work described in Appendix A. and such work for each improvement shown in Appendix A is hereinafter referred to as the "Project:" and 'WHEREAS, the funds shown in Appendix A have been allocated to finance the Project: and WHEREAS. the LOCALITY is committed to the development and delivery of the Project in an expeditious manner; and WHEREAS, the LOCALITY is responsible for administering the Project in accordance with DEPARTMENT guidelines, including the most current Locally Administered Projects Manual("LAP Manual"). and with the program specific requirements shown in Appendix B. based on the nature of the allocated funding for the Project as shown in the Appendix A; and WHEREAS. the Parties have concurred in the LOCALITY's administration of all phases of work for the Project in accordance with applicable federal, state and local laws and regulations; and WHEREAS,the LOCALITY's governing body has by resolution, demonstrated the LOCALITY'S commitment to provide local funding for the Project to the extent contemplated by this Agreement and further. by resolution or otherwise, authorized its designee to execute this Agreement. and said authorizations are attached hereto. NOW THEREFORE, in consideration of the mutual premises contained herein. the Parties hereto agree as follows: 1. The representations, covenants and recitations set forth in the foregoing recitals are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Section 1. 2. The LOCALITY shall: Federal Aid Project Administration Agreement Locality:City of Roanoke Project`umber:0011-12S 1S UPC 12402 a. Be responsible for all activities necessary to complete the noted phase(s) of the Project as shown in Appendix A, except for activities, decisions. and approvals which are the responsibility of the DEPARTMENT, as expressly required by federal or state laws and regulations. or as otherwise agreed to. in writing.between the Parties. Every phase of the Project will be designed and constructed to meet or exceed current American Association of State Highway and Transportation Officials standards when the facilities are locally maintained and shall further comply with all supplementary standards established by the DEPARTMENT when the facilities are maintained by the DEPARTMENT. b. Meet all funding obligation and expenditure timeline requirements in accordance with all applicable federal and state laws and regulations, all applicable Commonwealth Transportation Board and DEPARTMENT policies, and those additional requirements as identified in Appendices A and B to this Agreement. Noncompliance with this requirement may result in deallocation of the funding from the Project. rescission of state funding match. termination of this Agreement. or the DEPARTMENT's denial of future requests to administer projects by the LOCALITY, all of which actions are at the discretion of the DEPARTMENT or as can be taken pursuant to applicable laws. regulations. or policies. c. Receive prior written authorization from the DEPARTMENT to proceed with preliminary engineering, right-of-way acquisition and utility relocation, advertisement and award for the Project, as required in the most current LAP Manual and other applicable DEPARTMENT guidelines. d. Administer the Project in accordance with the DEPARTMENT's most current LAP Manual and other guidelines applicable to Locally Administered Projects as published by the DEPARTMENT. e. Maintain accurate and complete records of the Project's development as required in the LAP Manual and any supplemental guidance and directives of the DEPARTMENT and retain documentation of all expenditures and make such information available for inspection or auditing by the DEPARTMENT upon request. Records and documentation for the Project shall be maintained for no less than three (3) years following the DEPARTMENT'S acceptance of the final voucher on the Project. f. At least quarterly. but no more frequently than monthly, submit invoices with supporting documentation to the DEPARTMENT in the form prescribed by the DEPARTMENT. The supporting documentation shall include copies of vendor and contractor invoices paid by the LOCALITY. an up-to-date Project summary and schedule, and a summary of all payment requests, payments and adjustments. A request for reimbursement shall be made within 90 days after any eligible Project expenses are incurred by the LOCALITY. Reimbursement for eligible expenditures shall not exceed funds allocated each year for the Project by the Commonwealth Transportation Board in the Six Year Improvement Program. OAG Approved 7/28/2022 2 Federal Aid Project Administration Asreement Locality:City of Roanoke Project Number:0011-128-:18 UPC 124027 Acknowledges that for federally-funded projects and pursuant to 2 CFR § 200.339, 4 Remedies for Noncompliance, failure to comply with federal laws and regulations, or the terms and conditions of federal awards, may result in the imposition of sanctions including but not limited to possible denial or delay of payment of all or a part of the costs associated with the activity or action not in compliance. h. Reimburse the DEPARTMENT for all Project expenses incurred by the DEPARTMENT if, due to action or inaction of the LOCALITY, federally-funded Project expenditures incurred are not reimbursed by the Federal Highway Administration(FHWA). or reimbursements are required to be returned to the FHWA, or in the event the reimbursement is required by the provisions of S 33.2-214 or§ 33.2- 331 of the Code of Virginia (1950), as amended, or other applicable provisions of federal, state, or local law or regulations. i. On projects that the LOCALITY is providing the required match to state or federal fiends, pay the DEPARTMENT the LOCALITY's match for eligible Project expenses incurred by the DEPARTMENT in the performance of activities set forth in paragraph 2.a. j. Administer the Project in accordance with all applicable federal, state, and local laws and regulations. Failure to fulfill legal obligations associated with the Project may result in forfeiture of federal or state-aid reimbursements. k. If legal services other than that provided by staff counsel are required in connection with condemnation proceedings associated with the acquisition of Right-of-Way. the LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of outside counsel approved by the Office of the Attorney General. Costs associated with outside counsel services shall be reimbursable expenses of the Project. 1. Provide, or have others provide, maintenance of the Project upon completion. unless otherwise agreed to by the DEPARTMENT. Where the Project results in physical construction, the LOCALITY will continue to operate and maintain the Project in accordance with the final constructed design as approved by the DEPARTMENT. The LOCALITY agrees that any modification of the approved design features, without the approval of the DEPARTMENT. may, at the discretion of the DEPARTMENT, result in restitution either physically or monetarily as determined by the DEPARTMENT. 3. The DEPARTMENT shall: a. Perform any actions and provide any decisions and approvals.within a reasonable time, which are the responsibility of the DEPARTMENT. required by federal and state laws and regulations, or as otherwise agreed to, in writing. between the parties, and provide necessary coordination with the FHWA as determined to be necessary by the DEPARTMENT. OAG Approved 7128/2022 3 Federal Aid Project Administration Agreement Locality:City of Roanoke Project Number:0011-12S-518 UPC 124027 b. Upon receipt of the LOCALITY's invoices pursuant to paragraph 2.f.. reimburse the LOCALITY the cost of eligible Project expenses. as described in Appendix A. Such reimbursements shall be payable by the DEPARTMENT within 30 days of an acceptable submission by the LOCALITY. c. Where applicable, submit invoices to the LOCALITY for the LOCALITY's share of eligible Project expenses incurred by the DEPARTMENT in the performance of activities pursuant to paragraphs 2. a. and 3.a. d. Audit the LOCALITY's Project records and documentation as may be required to verify LOCALITY compliance with federal and state laws and regulations. e. Upon LOCALITY'S request. make available to the LOCALITY guidelines to assist the Parties in carrying out responsibilities under this Agreement. 4. If designated by the DEPARTMENT. the LOCALITY is authorized to act as the DEPARTMENT's agent for the purpose of conducting survey work pursuant to § 33.2- 1011 of the Code of Virginia (1950), as amended. 5, Nothing in this Agreement shall obligate the Parties hereto to expend or provide any fiends in excess of funds agreed upon in this Agreement or as shall have been included in an annual or other lawful appropriation. State and federal Project funding is limited to those identified in the Appendix A of this Agreement and is allocable only upon LOCALITY's compliance with all requirements of this Agreement. In the event the cost of all or part of the Project is anticipated to exceed the allocation shown on Appendix A, the Parties agree to cooperate in seeking additional funding for the Project or to terminate the Project before Project costs exceed the allocated amount. Any requested increase in federal or state funding is subject to DEPARTMENT policy and procedures applicable to the funding source and is not guaranteed. 6. Nothing in this Agreement shall be construed as a waiver of the LOCALITY's or the Commonwealth of Virginia's sovereign immunity. 7. The Parties mutually agree and acknowledge, in entering this Agreement, that the individuals acting on behalf of the Parties are acting within the scope of their official authority and capacity and the Parties agree that neither Party will bring a suit or assert a claim against any official, officer. or employee of either Party. in their individual or personal capacity for a breach or violation of the terms of this Agreement or to otherwise enforce the terms and conditions of this Agreement. The foregoing notwithstanding, nothing in this subparagraph shall prevent the enforcement of the terms and conditions of this Agreement by or against either Party in a competent court of law. 8. The Parties mutually agree that no provision of this Agreement shall create in the public. or in any person or entity other than the Parties, rights as a third party beneficiary hereunder, or authorize any person or entity. not a party hereto, to maintain any action for, without limitation, personal injury, property damage, breach of contract, or return of money. or property. deposit(s). cancellation or forfeiture of bonds, financial instruments. OAG Approved 7'28 2022 4 Federal Aid Project Administration Agreement Locality:City of Roanoke Project`umber:0011-12S-51S UPC 124027 pursuant to the terms of this Agreement or otherwise. Notwithstanding any other provision of this Agreement to the contrary, unless otherwise provided. the Parties agree that the LOCALITY or the DEPARTMENT shall not be bound by any agreements between either party and other persons or entities concerning any matter which is the subject of this Agreement. unless and until the LOCALITY or the DEPARTMENT has. in writing, received a true copy of such agreement(s) and has affirmatively agreed. in writing. to be bound by such Agreement. 9. This Agreement may be terminated by either Party upon 30 days advance written notice to the other Party. Eligible Project expenses incurred through the date of termination shall be reimbursed in accordance with paragraphs 2.f, 2.h.. and 3.b. subject to the limitations established in this Agreement and Appendix A. Upon termination and unless otherwise agreed to, the DEPARTMENT shall retain ownership of plans. specifications, and right of way.unless all state and federal funds provided for the Project have been reimbursed to the DEPARTMENT by the LOCALITY, in which case the LOCALITY will have ownership of the plans, specifications, and right of way. 10. Prior to any action pursuant to paragraphs 2.b, 2.g. or 2.h.of this Agreement, the DEPARTMENT shall provide notice to the LOCALITY with a specific description of the LOCALITY's breach of this Agreement. Upon receipt of a notice of breach. the LOCALITY will be provided the opportunity to cure such breach or to provide a plan to cure to the satisfaction to the DEPARTMENT. If, within sixty (60) days after receipt of the written notice of breach, the LOCALITY has neither cured the breach, nor is diligently pursuing a cure of the breach to the satisfaction of the DEPARTMENT, then upon receipt by the LOCALITY of a written notice from the DEPARTMENT stating that the breach has neither been cured. nor is the LOCALITY diligently pursuing a cure.. the DEPARTMENT may exercise any remedies it may have under this Agreement or at law or in equity. 11. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has been prepared jointly by the Parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any Party. 12. THIS AGREEMENT, when properly executed. shall be binding upon both Parties. their successors, and assigns. 13. THIS AGREEMENT may be modified only in writing by mutual agreement of the Parties. OAG Approved 7r28r2022 5 Federal Aid Project Administration Agreement Locality:City of Roanoke Project Number:0011-12S-51E UPC 12402 IN`VITNESS WHEREOF. each Party hereto has caused this Agreement to be executed by their duly authorized representatives, acknowledging and agreeing that any digital signature affixed hereto shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. CITY OF ROANOKE,VIRGINIA: Signature Date Title NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority to execute this Agreement. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION: Signature Date Chief of Policy. Commonwealth of Virginia, Department of Transportation Attachments Appendix A Appendix B OAG Approved 7128+2022 6 Appendix A-Locally Administered Version Original Prepared Date 12;7;2023 1 Project Details { UPC 124027 State Project# 0011-128-518 CFDA#' 20.205 Locality UEI#. NBFNAEXRHD76 Locality City of Roanoke Address 215 Church AVE SW,Roanoke.VA 24011 Project Location Work Description #SGR24LB-13TH ST OVER NS RWY(FED ID 21663)-SUPERSTR REP- (Zip+4) 24016-3716 1 Project Points of Contact Locality Project Manager VDOT Project Coordinator Name Josephus Johnson-Koroma Name: Jessie Nester Phone 540-853-2706 Phone: 540-613-4115 Email: Josephus.Johnson-Koroma@roanokeva.gr Email Jessie.Nester@vdot virginia gov Project Preliminary Right of Way and Construction Total Engineering Utilities Estimated Locality Project Expenses S0 $9,288 S5;374240 $5,383.528 Estimated VDOT Project Oversight S15,000 S5,000 S15.000 $35,000 Estimated VDOT Project Services(Appendix C) SO SO SO SO Estimated Total Project Costs J S15,000 I $14.288 ] S5.389,240 $5,418,528 Project Financing Allocated Funds Type Allocated Funds Local Pt Max Reimbursement Total Estimated Amount Participation Local Share Total to Locality Reimbursement to Locality SGR S5,418,528 0°b SO $5.418,528 S0 SO $0 SO S0 SO SO SO $0 SO S0 SO $0 SO SO SO SO SO SO SO SO SO Funding Totals S5,418.528 SO S5,418,528 S5.383,528 r ote-The yu'-do order o ro .^d cat.-e o the actua'se rid order of Curds on tre project. This Appendix A supersedes all previous versions signed by VDOT and the LOCALITY for the Project. Authorized Locality Official Date Authorized VDOT Official Date Title of Locality OfficiaE Title of VDOT Official This attachment is certified and made an official attachment to this document by the Parties to this Agreement. Updated June 2022 Locally Administered Federal Aid Agreement Appendix B—Special Funding Program Conditions and Requirements Project Number UPC Local Government 0011-128-518 124027 City of Roanoke SM4RT SCALE Administration of this Project. including but not limited to the Project estimate, schedule and commitment to funding, is subject to the requirements established in the Commonwealth Transportation Board's (CTB's) most current Policy for Implementation of the S1L4RT SCALE Project Prioriti:ation Process. the applicable requirements of the Code of Virginia. and VDOT's applicable Instructional and Informational Memoranda. Without limiting the foregoing, this Project has been selected through the Smart Scale (HB2) application and selection process and will remain in the Six-Year Improvement Plan (SYIP) as a funding priority unless certain conditions set forth in the CTB's most current Policy for Implementation of a Project Prioriti:ation Process arise. Pursuant to the CTB's Policy for Implementation of a Project Prioriti:ation Process. this Project will be re-scored and/or the funding decision re-evaluated if any of the following conditions apply: a change in the scope, an estimate increase, or a reduction in the locally regionally leveraged funds. Applications may not be submitted in a subsequent SMART SCALE prioritization cycle to account for a cost increase on a previously selected Project. This Project shall be initiated and at least a portion of the Project's programmed funds expended within one year of the budgeted year of allocation or funding may be subject to reprogramming to other projects selected through the prioritization process. In the event the Project is not advanced to the next phase of construction when requested by the CTB. the LOCALITY or the localities within the metropolitan planning organization may be required, pursuant to § 33.2-214 of the Code of Virginia, to reimburse the DEPARTMENT for all state and federal funds expended on the Project. Transportation Alternatives Program This Project shall be administered in accordance with VDOT's most current Transportation Alternatives Program Guide. Without limiting the foregoing. CTB policy for allocations from the Transportation Alternatives Programs requires that the Project must be advertised or otherwise under construction within four years of the initial Project allocation or otherwise be subject to deallocation, unless prior Department approval has been provided. The DEPARTMENT shall conduct all environmental studies necessary to complete an environmental document in compliance with the National Environmental Policy Act.unless otherwise agreed to in writing and attached to this Agreement. The LOCALITY is responsible OAG Reviewed 7 28 202_ 1 for implementing any environmental commitments resulting from the environmental studies. In addition, the LOCALITY is responsible for obtaining any water quality permits and conducting any required hazardous materials due diligence efforts. VDOT's estimated cost for the environmental studies and submissions will be provided to the LOCALITY and deducted from the Project fnds. Regional Surface Transportation Program (RSTP) Allocated Regional Surface Transportation Program funds must be obligated within 12 months of allocation and expended within 36 months of the obligation. Congestion Mitigation Air Quality (C AQ) Allocated Congestion Mitigation and Air Quality Program funds must be obligated within 12 months of allocation and expended within 36 months of the obligation. Revenue Sharing This Project shall be administered in accordance with VDOT's most current Revenue Sharing Program Guidelines. Without limiting the foregoing. the Project shall be initiated such that at least a portion of the Revenue Sharing Funds are expended within one year of allocation. For any project that has not been initiated within one year. the CTB has the discretion to defer consideration of future allocations until the Project moves forward. Further. if the Project has not been initiated within two fiscal years subsequent to the allocation of Revenue Sharing Funds. the Revenue Sharing Funds for the Project may be subject to deallocation from the Project at the discretion of the CTB. State of Good Repair (SGR) Bridge Project estimate, schedule, and commitment to funding are subject to the requirements established in the C'TB's State of Good Repair Program Prioritization Process Methodology, the Code of Virginia, and VDOT's Instructional and Informational Memoranda. Projects receiving funding under this program must initiate the Preliminary Engineering or the Construction Phase within 24 months of award of funding or become subject to deallocation. In the event the Project is not advanced to the next phase of construction. the LOCALITY may be required, pursuant to § 33.2-214 of the Code of Virginia, to reimburse the Department for all state and federal funds expended on the Project. This Project has been selected through the State of Good Repair application and selection process and will remain in the SYIP�as a funding priority. Pursuant to the CTB's State of Good Repair Program Prioriti:ation Process Methodology, this Project will be re-scored and/or the funding decision re-evaluated if any of the following conditions apply: a change in the scope, an estimate increase, or a reduction in the locally/regionally leveraged funds. Applications may not be submitted in a subsequent annual State of Good Repair prioritization cycle for the same bridge structure to account for a cost increase on a previously selected Project. OAG Reviewed 7.-28 2022 State of Good Repair (SGR) Paving Project estimate, schedule. and commitment to funding are subject to the requirements established in the CTB's State of Good Repair Program Prioriti_ation Process Methodology. the Code of Virginia, and VDOT's Instructional and hformatiorral Memoranda. Projects receiving funding under this program must be advertised within twelve months of award funding or be subject to deallocation. In the event the Project is not advanced to the next phase of constriction. the LOCALITY may be required. pursuant to § 33.2-214 of the Code of Virginia, to reimburse the Department for all state and federal funds expended on the Project. This Project has been selected through the State of Good Repair application and selection process and will remain in the SYIP as a funding priority. Pursuant to the CTB's State of Good Repair Program Prioritization Process Methodology, this Project will be re-scored and or the funding decision re-evaluated if any of the following conditions apply: a change in the scope. an estimate increase, or a reduction in the locally/regionally leveraged funds. Applications may not be submitted in a subsequent annual State of Good Repair prioritization cycle for the same roadway segment to account for a cost increase on a previously selected Project. Economic Access This Project shall be administered in accordance with VDOT's most current Economic Development Access Program Guide. Airport Access This Project shall be administered in accordance with VDOT's most current Airport Access Program Guide. Recreational Access This Project shall be administered in accordance with VDOT's most current Recreational Access Program Guide. Highway Safety Improvement Program (HSIP) Allocated Highway Safety Improvement Program (HSIP) funds must be obligated within 12 months of allocation and expended within 36 months of the obligation. Local Funds All local funds included in Appendix A have been formally committed by the LOCALITY board or council. subject to appropriation. Authorized Locality Official Signature and Date OAG Reviewed 7.28.20_22 3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of March 2024. No. 42892-031824. A RESOLUTION authorizing the acceptance of the Virginia Department of Transportation ("VDOT") Infrastructure Investment and Jobs Act ("IIJA") Grant for the Persinger Road over Murray Run Creek bridge replacement and authorizing the City Manager or his designee to execute, and file appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the VDOT IIJA Grant in the total amount of $3,904,654,with no local match,for the Persinger Road over Murray Run Creek bridge replacement, as further outlined in the City Council Agenda Report dated March 18, 2024. 2. The City Manager or his designee is hereby authorized to accept,execute,and file on behalf of the City of Roanoke any and all documents required to obtain such funding including the VDOT Standard Project Administration Agreement for Federal-aid Projects, Appendix A, and Appendix B. All such documents to be approved as to form by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. 4. The City Manager or his designee is further authorized to take such further actions and execute such further documents,approved as to form by the City Attorney,as may be necessary to obtain, accept, implement, administer, and use such funds identified above. ATTEST: - Ozedtdt. Li)-16&24t- -- City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of March 2024. No. 42893-031824. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation (VDOT), for the replacement of the Persinger Road over Murray Run Creek Bridge, amending and reordaining certain sections of the 2023-2024 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2023-2024 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Federal Grant Funds 08-530-9305-9002 $ 3,904,654 Revenues VDOT IIJA Persinger Road over Murray 08-530-9305-9305 $ 3,904,654 Run Creek 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: March 18, 2024 Subject: Acceptance of Virginia Department of Transportation IIJA Grant for the Persinger Road over Murray Run Creek Replacement. Background: As part of the annual Transportation Inspection Program, the City inspects its bridge structures every 2 years. A report of the findings for each bridge is provided to the Virginia Department of Transportation (VDOT) and Federal Highway Administration (FHWA). Based on latest inspection report for Persinger Road over Murray Run Creek VDOT identified the bridge replacement as eligible for the Infrastructure Investment and Jobs Act (IIJA) grant program signed into law on November 15, 2021. Considerations: The Virginia Department of Transportation has awarded the City an IIJA grant of $3,904,654 to perform the bridge replacement. There is no local match required. Recommended Action: Accept VDOT's $3,904,654 award of IIJA funding. Authorize the City Manager to execute the VDOT Standard Project Administration Agreement for Federal-aid Projects, Appendix A, and Appendix B (Special Funding Program Conditions and Requirements) documents similar to the ones attached to this report. Such documents shall be in a form approved by the City Attorney. Authorize the City Manager to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to obtain, accept, implement, administer, and use such funds identified above. Adopt the accompanying Budget Ordinance to establish revenue estimates for the funding sources identified above and appropriate funding in the same amount to the expenditure account, 08-530-9305, Persinger Road over Murray Run Bridge Replacement. Bob Cowell, City Manager Distribution: Council Appointed Officers Samuel Roman, Assistant City Manager Amelia C. Merchant, Deputy Director of Finance Ross Campbell, P.E., Director of Public Works Luke Pugh, P.E., City Engineer 0 AI _G 4 o t - - eitElle G C01 M C- _o CO G o q o 0 r - Y G —0 c vs U a - (13 (13 4fr fX L '� + eft 'PCU Cs L O � Z7 , ca '` l ` O rY (� J Ct �. 07 J ,. ,, ' ',)‘4' LI::) , x '� • ZZI-OC£L =_ �e `�Sp2i � - " - W ^� ii f ` - R am. N STANDARD PROJECT ADMINISTRATION AGREEMENT Federal-aid Projects Project Number UPC Local Government U000-128-504 124777 City of Roanoke THIS AGREEMENT. is hereby made and effective the date of the last (latest) signature set forth below,by and between the CITY OF ROANOKE,VIRGINIA, hereinafter referred to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT. The DEPARTMENT and the LOCALITY are collectively referred to as the"Parties." WHEREAS, the LOCALITY has expressed its desire to administer the work described in Appendix A. and such work for each improvement shown in Appendix A is hereinafter referred to as the "Project;" and WHEREAS, the funds shown in Appendix A have been allocated to finance the Project: and WHEREAS. the LOCALITY is committed to the development and delivery of the Project in an expeditious manner; and WHEREAS. the LOCALITY is responsible for administering the Project in accordance with DEPARTMENT guidelines, including the most current Locally Administered Projects Manual("LAP Manual"). and with the program specific requirements shown in Appendix B, based on the nature of the allocated funding for the Project as shown in the Appendix A: and WHEREAS. the Parties have concurred in the LOCALITY's administration of all phases of work for the Project in accordance with applicable federal. state and local laws and regulations; and WHEREAS,the LOCALITY's governing body has by resolution. demonstrated the LOCALITY'S commitment to provide local funding for the Project to the extent contemplated by this Agreement and further, by resolution or otherwise, authorized its designee to execute this Agreement, and said authorizations are attached hereto. NOW THEREFORE. in consideration of the mutual premises contained herein. the Parties hereto agree as follows: 1. The representations, covenants and recitations set forth in the foregoing recitals are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Section 1. 2. The LOCALITY shall: Federal Aid Project Administration Agreement Locality:City of Roanoke Project Number:U000-12S-504,UPC 1247 a. Be responsible for all activities necessary to complete the noted phase(s) of the Project as shown in Appendix A, except for activities, decisions, and approvals which are the responsibility of the DEPARTMENT. as expressly required by federal or state laws and regulations. or as otherwise agreed to, in writing,between the Parties. Every phase of the Project will be designed and constructed to meet or exceed current American Association of State Highway and Transportation Officials standards when the facilities are locally maintained and shall further comply with all supplementary standards established by the DEPARTMENT when the facilities are maintained by the DEPARTMENT. b. Meet all funding obligation and expenditure timeline requirements in accordance with all applicable federal and state laws and regulations. all applicable Commonwealth Transportation Board and DEPARTMENT policies, and those additional requirements as identified in Appendices A and B to this Agreement. Noncompliance with this requirement may result in deallocation of the funding from the Project, rescission of state funding match, termination of this Agreement, or the DEPARTMENT's denial of future requests to administer projects by the LOCALITY, all of which actions are at the discretion of the DEPARTMENT or as can be taken pursuant to applicable laws, regulations. or policies. c. Receive prior written authorization from the DEPARTMENT to proceed with preliminary engineering, right-of-way acquisition and utility relocation, advertisement and award for the Project, as required in the most current LAP Manual and other applicable DEPARTMENT guidelines. d. Administer the Project in accordance with the DEPARTMENT's most current LAP Manual and other guidelines applicable to Locally Administered Projects as published by the DEPARTMENT. e. Maintain accurate and complete records of the Project's development as required in the LAP Manual and any supplemental guidance and directives of the DEPARTMENT and retain documentation of all expenditures and make such information available for inspection or auditing by the DEPARTMENT upon request. Records and documentation for the Project shall be maintained for no less than three (3) years following the DEPARTMENT'S acceptance of the final voucher on the Project. f At least quarterly, but no more frequently than monthly, submit invoices with supporting documentation to the DEPARTMENT in the form prescribed by the DEPARTMENT. The supporting documentation shall include copies of vendor and contractor invoices paid by the LOCALITY, an up-to-date Project summary and schedule, and a summary of all payment requests, payments and adjustments. A request for reimbursement shall be made within 90 days after any eligible Project expenses are incurred by the LOCALITY. Reimbursement for eligible expenditures shall not exceed funds allocated each year for the Project by the Commonwealth Transportation Board in the Six Year Improvement Program. OAG Approved T28 2022 2 Federal Aid Project Administration Agreement Locality:City of Roanoke Project Number:C000-12S-504,UPC 124777 g. Acknowledges that for federally-funded projects and pursuant to 2 CFR § 200.339. Remedies for Noncompliance, failure to comply with federal laws and regulations. or the terms and conditions of federal awards. may result in the imposition of sanctions including but not limited to possible denial or delay of payment of all or a part of the costs associated with the activity or action not in compliance. h. Reimburse the DEPARTMENT for all Project expenses incurred by the DEPARTMENT if, due to action or inaction of the LOCALITY. federally-funded Project expenditures incurred are not reimbursed by the Federal Highway Administration(FHWA), or reimbursements are required to be returned to the FHWA, or in the event the reimbursement is required by the provisions of§ 33.2-214 or§ 33.2- 331 of the Code of Virginia (1950), as amended, or other applicable provisions of federal, state, or local law or regulations. i. On projects that the LOCALITY is providing the required match to state or federal funds, pay the DEPARTMENT the LOCALITY's match for eligible Project expenses incurred by the DEPARTMENT in the performance of activities set forth in paragraph 2.a. j. Administer the Project in accordance with all applicable federal, state. and local laws and regulations. Failure to fulfill legal obligations associated with the Project may result in forfeiture of federal or state-aid reimbursements. k. If legal services other than that provided by staff counsel are required in connection with condemnation proceedings associated with the acquisition of Right-of-Way, the LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of outside counsel approved by the Office of the Attorney General. Costs associated with outside counsel services shall be reimbursable expenses of the Project. 1. Provide, or have others provide, maintenance of the Project upon completion, unless otherwise agreed to by the DEPARTMENT. Where the Project results in physical constriction, the LOCALITY will continue to operate and maintain the Project in accordance with the final constructed design as approved by the DEPARTMENT. The LOCALITY agrees that any modification of the approved design features, without the approval of the DEPARTMENT, may, at the discretion of the DEPARTMENT, result in restitution either physically or monetarily as determined by the DEPARTMENT. 3. The DEPARTMENT shall: a. Perform any actions and provide any decisions and approvals,within a reasonable time. which are the responsibility of the DEPARTMENT. required by federal and state laws and regulations, or as otherwise agreed to, in writing. between the parties. and provide necessary coordination with the FHWA as determined to be necessary by the DEPARTMENT. OAG Approved 7/28'2022 3 Federal Aid Project Administration Agreement Locality:City of Roanoke Project Number:L:000-128504,UPC 1247 7 b. Upon receipt of the LOCALITY's invoices pursuant to paragraph 2.f., reimburse the LOCALITY the cost of eligible Project expenses, as described in Appendix A. Such reimbursements shall be payable by the DEPARTMENT within 30 days of an acceptable submission by the LOCALITY. c. Where applicable, submit invoices to the LOCALITY for the LOCALITY's share of eligible Project expenses incurred by the DEPARTMENT in the performance of activities pursuant to paragraphs 2. a. and 3.a. d. Audit the LOCALITY's Project records and documentation as may be required to verify LOCALITY compliance with federal and state laws and regulations. e. Upon LOCALITY'S request, make available to the LOCALITY guidelines to assist the Parties in carrying out responsibilities under this Agreement. 4. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the DEPARTMENT's agent for the purpose of conducting survey work pursuant to § 33.2- 1011 of the Code of Virginia (1950), as amended. 5. Nothing in this Agreement shall obligate the Parties hereto to expend or provide any funds in excess of funds agreed upon in this Agreement or as shall have been included in an annual or other lawful appropriation. State and federal Project funding is limited to those identified in the Appendix A of this Agreement and is allocable only upon LOCALITY's compliance with all requirements of this Agreement. In the event the cost of all or part of the Project is anticipated to exceed the allocation shown on Appendix A, the Parties agree to cooperate in seeking additional funding for the Project or to terminate the Project before Project costs exceed the allocated amount. Any requested increase in federal or state funding is subject to DEPARTMENT policy and procedures applicable to the funding source and is not guaranteed. b. Nothing in this Agreement shall be construed as a waiver of the LOCALITY's or the Commonwealth of Virginia's sovereign immunity. 7. The Parties mutually agree and acknowledge, in entering this Agreement, that the individuals acting on behalf of the Parties are acting within the scope of their official authority and capacity and the Parties agree that neither Party will bring a suit or assert a claim against any official, officer, or employee of either Party, in their individual or personal capacity for a breach or violation of the terms of this Agreement or to otherwise enforce the terms and conditions of this Agreement. The foregoing notwithstanding, nothing in this subparagraph shall prevent the enforcement of the terms and conditions of this Agreement by or against either Party in a competent court of law. 8. The Parties mutually agree that no provision of this Agreement shall create in the public. or in any person or entity other than the Parties, rights as a third party beneficiary hereunder, or authorize any person or entity, not a party hereto, to maintain any action for, without limitation, personal injury. property damage, breach of contract, or return of money, or property, deposit(s), cancellation or forfeiture of bonds, financial instruments, OAG Approved 7?2812022 4 Federal Aid Project Adnunistration Agreement Locality:City of Roanoke Project Number:1.:000-128-504,UPC 124777 pursuant to the terms of this Agreement or otherwise. Notwithstanding any other provision of this Agreement to the contrary. unless otherwise provided, the Parties agree that the LOCALITY or the DEPARTMENT shall not be bound by any agreements between either party and other persons or entities concerning any matter which is the subject of this Agreement, unless and until the LOCALITY or the DEPARTMENT has, in writing. received a true copy of such agreement(s) and has affirmatively agreed, in writing, to be bound by such Agreement. 9. This Agreement may be terminated by either Party upon 30 days advance written notice to the other Party. Eligible Project expenses incurred through the date of termination shall be reimbursed in accordance with paragraphs 21, 2.h., and 3.b. subject to the limitations established in this Agreement and Appendix A. Upon termination and unless otherwise agreed to. the DEPARTMENT shall retain ownership of plans, specifications, and right of way,unless all state and federal funds provided for the Project have been reimbursed to the DEPARTMENT by the LOCALITY, in which case the LOCALITY will have ownership of the plans, specifications. and right of way. 10. Prior to any action pursuant to paragraphs 2.b, 2.g. or 2.h.of this Agreement, the DEPARTMENT shall provide notice to the LOCALITY with a specific description of the LOCALITY's breach of this Agreement. Upon receipt of a notice of breach. the LOCALITY will be provided the opportunity to cure such breach or to provide a plan to cure to the satisfaction to the DEPARTMENT. If, within sixty (60) days after receipt of the written notice of breach. the LOCALITY has neither cured the breach. nor is diligently pursuing a cure of the breach to the satisfaction of the DEPARTMENT. then upon receipt by the LOCALITY of a written notice from the DEPARTMENT stating that the breach has neither been cured, nor is the LOCALITY diligently pursuing a cure, the DEPARTMENT may exercise any remedies it may have under this Agreement or at law or in equity. 11. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has been prepared jointly by the Parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any Party. 12. THIS AGREEMENT, when properly executed, shall be binding upon both Parties, their successors, and assigns. 13. THIS AGREEMENT may be modified only in writing by mutual agreement of the Parties. OAG Approved 7 28;2022 5 Federal Aid Project Administration Agreement Locality:City of Roanoke Project Number:U000-12S-504,UPC 124777 IN WITNESS WHEREOF. each Party hereto has caused this Agreement to be executed by their duly authorized representatives, acknowledging and agreeing that any digital signature affixed hereto shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. CITY OF ROANOKE,VIRGINIA: Signature Date Title NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority to execute this Agreement. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION: Signature Date Chief of Policy. Commonwealth of Virginia. Department of Transportation Attachments Appendix A Appendix B OAG Approved 7!282022 6 Appendix A- Locally Administered Version. Original Prepared Date: 2+'28.2024 Project Details UPC 124777 State Project# 0000-128-504 CFDA 20.205 Locality UEI# NBFNAEXRHD76 Locality: City of Roanoke Address 215 Church Avenue.SW, Roanoke.VA 24011 #BF-CITY OF ROANOKE-BRIDGE REPLACE PERSINGER RD-YEAR 4-Bridge Project Location Work Description Replacement Project-Persinger Road over Murray Run-City of Roanoke(Ext. Str. ID 24015-3622 21648;VA Str_#8055)(New Str. ID 31890) (Zip+4) Project Points of Contact Locality Project Manager VDOT Project Coordinator Name: Luke Pugh Name: Jessie Nester Phone: 540-853-5208 Phone: 540-613-4115 Email: Luke Pugh@roanokeva.gov Email: Jessie.Nester@vdot.virginia.gov Project Esti Preliminary Right of Way and Construction Total Engineering Utilities Estimated Locality Project Expenses $439,415 $50,000 S3,370,239 $3,859.654 Estimated VDOT Project Oversight $20,000 $5,000 S20.000 $45,000 Estimated VDOT Project Services(Appendix C) SO SO SO S0 Estimated Total Project Costs I $459,415 I $55,000 I $3.390,239 $3.904.654 Project Financing Allocated Funds Local°0o Max Reimbursement Total Estimated Allocated Funds Type Amount Participation Local Share Total to Locality Reimbursement to Locality Bridge Program $3,904,654 0% S0 S3,904,654 Funding Totals S3,904.654 SO $3,904,654 S3,859,654 Note-The funds order's not ind cat+le of the actua.soend order of`ugds on the project Authorized Locality Official Date Authorized VDOT Official Cate Title of Locality Official The of VDCT Official This attachment is certified and made an official attachment to this document by the Parties to this Agreement. Updated June 2022 Locally Administered Federal-Aid Agreement Appendix B—Special Funding Program Conditions and Requirements Project Number UPC Local Government U000-128-504 124777 City of Roanoke SMART SCALE Administration of this Project, including but not limited to the Project estimate, schedule and commitment to funding, is subject to the requirements established in the Commonwealth Transportation Board's (CTB's) most current Policy for Implementation of the SAL4RT SCALE Project Prior•iti_ation Process, the applicable requirements of the Code of Virginia. and VDOT's applicable Instructional and I formational Memoranda. Without limiting the foregoing, this Project has been selected through the Smart Scale (HB2) application and selection process and will remain in the Six-Year Improvement Plan (SYIP) as a funding priority unless certain conditions set forth in the CTB's most current Policy for Implementation of a Project Prioriti:ation Process arise. Pursuant to the CTB's Policy for Implementation of a Project Prioriti_ation Process. this Project will be re-scored and:or the funding decision re-evaluated if any of the following conditions apply: a change in the scope, an estimate increase, or a reduction in the locally'regionally leveraged funds. Applications may not be submitted in a subsequent SMART SCALE prioritization cycle to account for a cost increase on a previously selected Project. This Project shall be initiated and at least a portion of the Project's programmed funds expended within one year of the budgeted year of allocation or funding may be subject to reprogramming to other projects selected through the prioritization process. In the event the Project is not advanced to the next phase of construction when requested by the CTB, the LOCALITY or the localities within the metropolitan planning organization may be required, pursuant to § 33.2-214 of the Code of Virginia. to reimburse the DEPARTMENT for all state and federal funds expended on the Project. Transportation Alternatives Program This Project shall be administered in accordance with VDOT's most current Transportation Alternatives Program Guide. Without limiting the foregoing, CTB policy for allocations from the Transportation Alternatives Programs requires that the Project must be advertised or otherwise under construction within four years of the initial Project allocation or otherwise be subject to deallocation, unless prior Department approval has been provided. The DEPARTMENT shall conduct all environmental studies necessary to complete an environmental document in compliance with the National Environmental Policy Act, unless otherwise agreed to in writing and attached to this Agreement. The LOCALITY is responsible OAG Reviewed 7 28 2022 1 for implementing any environmental commitments resulting from the environmental studies. In addition. the LOCALITY is responsible for obtaining any water quality permits and conducting any required hazardous materials due diligence efforts. VDOT's estimated cost for the environmental studies and submissions will be provided to the LOCALITY and deducted from the Project funds. Regional Surface Transportation Program (RSTP) Allocated Regional Surface Transportation Program funds must be obligated within 12 months of allocation and expended within 36 months of the obligation. Congestion Mitigation Air Quality (CMAQ) Allocated Congestion Mitigation and Air Quality Program funds must be obligated within 12 months of allocation and expended within 36 months of the obligation. Revenue Sharing This Project shall be administered in accordance with VDOT's most current Revenue Sharing Program Guidelines. Without limiting the foregoing, the Project shall be initiated such that at least a portion of the Revenue Sharing Funds are expended within one year of allocation. For any project that has not been initiated within one year, the CTB has the discretion to defer consideration of future allocations until the Project moves forward. Further, if the Project has not been initiated within two fiscal years subsequent to the allocation of Revenue Sharing Funds, the Revenue Sharing Funds for the Project may be subject to deallocation from the Project at the discretion of the CTB. State of Good Repair(SGR)Bridge Project estimate, schedule, and commitment to funding are subject to the requirements established in the CTB's State of Good Repair Program Prioriti_ation Process Methodology, the Code of Virginia. and VDOT's Instructional and Informational Memoranda. Projects receiving funding under this program must initiate the Preliminary Engineering or the Construction Phase within 24 months of award of funding or become subject to deallocation. In the event the Project is not advanced to the next phase of construction. the LOCALITY may be required, pursuant to § 33.2-214 of the Code of Virginia. to reimburse the Department for all state and federal funds expended on the Project. This Project has been selected through the State of Good Repair application and selection process and will remain in the SYIP as a funding priority. Pursuant to the CTB's State of Good Repair Program Prioriti_ation Process Methodology, this Project will be re-scored and/or the funding decision re-evaluated if any of the following conditions apply: a change in the scope, an estimate increase, or a reduction in the locally/regionally leveraged funds. Applications may not be submitted in a subsequent annual State of Good Repair prioritization cycle for the same bridge structure to account for a cost increase on a previously selected Project. OAG Reviewed ? 28 ,p„ State of Good Repair(SGR) Paving Project estimate. schedule, and commitment to funding are subject to the requirements established in the CTB's State of Good Repair Program Prioritisation Process Methodology, the Code of Virginia. and VDOT's Instructional and Informational Memoranda. Projects receiving funding under this program must be advertised within twelve months of award funding or be subject to deallocation. In the event the Project is not advanced to the next phase of construction, the LOCALITY may be required, pursuant to § 33.2-214 of the Code of Virginia, to reimburse the Department for all state and federal funds expended on the Project. This Project has been selected through the State of Good Repair application and selection process and will remain in the SYIP as a funding priority. Pursuant to the CTB's State of Good Repair Program Prioritization Process Methodology, this Project will be re-scored and/or the funding decision re-evaluated if any of the following conditions apply: a change in the scope, an estimate increase, or a reduction in the locally/regionally leveraged funds. Applications may not be submitted in a subsequent annual State of Good Repair prioritization cycle for the same roadway segment to account for a cost increase on a previously selected Project. Economic Access This Project shall be administered in accordance with VDOT's most current Economic Development Access Program Guide. Airport Access This Project shall be administered in accordance with VDOT's most current Airport Access Program Guide. Recreational Access This Project shall be administered in accordance with VDOT's most current Recreational Access Program Guide. Highway Safety Improvement Program (HSIP) Allocated Highway Safety Improvement Program (HSIP) funds must be obligated within 12 months of allocation and expended within 36 months of the obligation. Local Funds All local funds included in Appendix A have been formally committed by the LOCALITY board or council, subject to appropriation. Authorized Locality Official Signature and Date OAG Reviewed 7 2S 2022 3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of March 2024. No. 42894-031824. A RESOLUTION authorizing the acceptance of the Virginia Department of Transportation ("VDOT") Infrastructure Investment and Jobs Act ("IIJA") Grant for the 13 ' Street over Tinker Creek,N.E. bridge superstructure replacement and authorizing the City Manager or his designee to execute, and file appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the VDOT IIJA Grant in the total amount of $6,821,505, with no local match, for the 13th Street over Tinker Creek, N.E. bridge superstructure replacement, as further outlined in the City Council Agenda Report dated March 18, 2024. 2. The City Manager or his designee is hereby authorized to accept,execute,and file on behalf of the City of Roanoke any and all documents required to obtain such funding including the VDOT Standard Project Administration Agreement for Federal-aid Projects, Appendix A, and Appendix B. All such documents to be approved as to form by the City Attorney. 3. The City Manager or his designee is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. 4. The City Manager or his designee is further authorized to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to obtain, accept, implement, administer, and use such funds identified above. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of March 2024. No. 42895-031824. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation (VDOT), for superstructure replacement of the 13th Street Over Tinker Creek Bridge, amending and reordaining certain sections of the 2023-2024 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2023-2024 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Federal Grant Funds 08-530-9306-9002 $ 6,821,505 Revenues VDOT IIJA 13th Street over Tinker Creek 08-530-9306-9306 $ 6,821,505 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. -- ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 18, 2024 Subject: Acceptance of Virginia Department of Transportation IIJA Grant for the 13th Street over Tinker Creek, NE Superstructure Replacement. Background: As part of the annual Transportation Inspection Program, the City inspects its bridge structures every 2 years. A report of the findings for each bridge is provided to the Virginia Department of Transportation (VDOT) and Federal Highway Administration (FHWA). Based on latest inspection report for the 13th Street over Tinker Creek, NE VDOT identified the bridge superstructure as eligible for the Infrastructure Investment and Jobs Act (IIJA) grant program signed into law on November 15, 2021. Considerations: The Virginia Department of Transportation has awarded the City an IIJA grant of $6,821,505 to perform the superstructure replacement. There is no local match required. Recommended Action: Accept VDOT's $6,821,505 award of IIJA funding. Authorize the City Manager to execute the VDOT Standard Project Administration Agreement for Federal-aid Projects, Appendix A, and Appendix B (Special Funding Program Conditions and Requirements) documents similar to the ones attached to this report. Such documents shall be in a form approved by the City Attorney. Authorize the City Manager to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to obtain, accept, implement, administer, and use such funds identified above. Adopt the accompanying Budget Ordinance to establish revenue estimates for the funding sources identified above and appropriate funding in the same amount to the expenditure account, 08-530-9306, 13th Street over Tinker Creek Superstructure Replacement. Bob Cowell, City Manager Distribution: Council Appointed Officers Samuel Roman, Assistant City Manager Amelia C. Merchant, Deputy Director of Finance Ross Campbell, P.E., Director of Public Works Luke Pugh, P.E., City Engineer Y ilip , „,,_.,„,„.... . :,,,_:%,;,...,r..J_. .,....„.„ ,, ,,..... ir:ii„_ .:11.:._,,,,,,,--,: :,,v,f:,..:1„,_.::..1:-: ::__-„,,!,,_:-. _ - ap ,....... ,,,,_.„. .:,,,,..„,,..... _ ofpt •-6 _ o rtT T o o 3. CC a N 2 a O � *. ty a 0 .„ 0 41 . ! ;7* , -° � -• `t tiIN, *� tam C 5 - -' 31 1g29 121 312.1914 311g13 N ,{ 3 0 3121827 N (71 N 311 �5 3121626 0 U m ` ❑ STANDARD PROJECT ADMINISTRATION AGREEMENT Federal-aid Projects Project Number UPC' Local Government U000-128-505 124778 City of Roanoke THIS AGREEMENT, is hereby made and effective the date of the last (latest) signature set forth below, by and between the CITY OF ROANOKE, VIRGINIA, hereinafter referred to as the LOCALITY and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT. The DEPARTMENT and the LOCALITY are collectively referred to as the "Parties." WHEREAS, the LOCALITY has expressed its desire to administer the work described in Appendix A. and such work for each improvement shown in Appendix A is hereinafter referred to as the `Project:" and WHEREAS, the funds shown in Appendix A have been allocated to finance the Project; and WHEREAS, the LOCALITY is committed to the development and delivery of the Project in an expeditious manner; and WHEREAS, the LOCALITY is responsible for administering the Project in accordance with DEPARTMENT guidelines, including the most current Locally Administered Projects Manual("LAP Manual"), and with the program specific requirements shown in Appendix B, based on the nature of the allocated funding for the Project as shown in the Appendix A; and WHEREAS, the Parties have concurred in the LOCALITY's administration of all phases of work for the Project in accordance with applicable federal. state and local laws and regulations: and WHEREAS, the LOCALITY's governing body has by resolution, demonstrated the LOCALITY'S commitment to provide local funding for the Project to the extent contemplated by this Agreement and further, by resolution or otherwise, authorized its designee to execute this Agreement. and said authorizations are attached hereto. NOW THEREFORE. in consideration of the mutual premises contained herein, the Parties hereto agree as follows: 1. The representations, covenants and recitations set forth in the foregoing recitals are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Section 1. 2. The LOCALITY shall: Federal Aid Project Administration Aereement Locality:City of Roanoke Project Number:L 000-128-505,UPC 124778 a. Be responsible for all activities necessary to complete the noted phase(s) of the Project as shown in Appendix A, except for activities, decisions, and approvals which are the responsibility of the DEPARTMENT, as expressly required by federal or state laws and regulations,or as otherwise agreed to, in writing, between the Parties. Every phase of the Project will be designed and constructed to meet or exceed current American Association of State Highway and Transportation Officials standards when the facilities are locally maintained and shall further comply with all supplementary standards established by the DEPARTMENT when the facilities are maintained by the DEPARTMENT b. Meet all funding obligation and expenditure timeline requirements in accordance with all applicable federal and state laws and regulations. all applicable Commonwealth Transportation Board and DEPARTMENT policies, and those additional requirements as identified in Appendices A and B to this Agreement. Noncompliance with this requirement may result in deallocation of the funding from the Project, rescission of state funding match, termination of this Agreement, or the DEPARTMENT's denial of future requests to administer projects by the LOCALITY, all of which actions are at the discretion of the DEPARTMENT or as can be taken pursuant to applicable laws, regulations, or policies. c. Receive prior written authorization from the DEPARTMENT to proceed with preliminary engineering, right-of-way acquisition and utility relocation, advertisement and award for the Project, as required in the most current LAP Manual and other applicable DEPARTMENT guidelines. d. Administer the Project in accordance with the DEPARTMENT's most current LAP Manual and other guidelines applicable to Locally Administered Projects as published by the DEPARTMENT. e. Maintain accurate and complete records of the Project's development as required in the LAP Manual and any supplemental guidance and directives of the DEPARTMENT and retain documentation of all expenditures and make such information available for inspection or auditing by the DEPARTMENT upon request. Records and documentation for the Project shall be maintained for no less than three (3) years following the DEPARTMENT'S acceptance of the final voucher on the Project. f At least quarterly, but no more frequently than monthly, submit invoices with supporting documentation to the DEPARTMENT in the form prescribed by the DEPARTMENT. The supporting documentation shall include copies of vendor and contractor invoices paid by the LOCALITY, an up-to-date Project summary and schedule, and a summary of all payment requests, payments and adjustments. A request for reimbursement shall be made within 90 days after any eligible Project expenses are incurred by the LOCALITY. Reimbursement for eligible expenditures shall not exceed funds allocated each year for the Project by the Commonwealth Transportation Board in the Six Year Improvement Program. OAG Approved 7128 2022 2 Federal Aid Project Administration Agreement Locality:City of Roanoke Project Number:L000-12S-505,UPC 1247'S g. Acknowledges that for federally-funded projects and pursuant to 2 CFR § 200.339. Remedies for Noncompliance, failure to comply with federal laws and regulations. or the terms and conditions of federal awards. may result in the imposition of sanctions including but not limited to possible denial or delay of payment of all or a part of the costs associated with the activity or action not in compliance. h. Reimburse the DEPARTMENT for all Project expenses incurred by the DEPARTMENT if, due to action or inaction of the LOCALITY. federally-funded Project expenditures incurred are not reimbursed by the Federal Highway Administration(FHWA), or reimbursements are required to be returned to the FHWA. or in the event the reimbursement is required by the provisions of§ 33.2-214 or§ 33.2- 331 of the Code of Virginia (1950), as amended, or other applicable provisions of federal, state, or local law or regulations. i. On projects that the LOCALITY is providing the required match to state or federal funds, pay the DEPARTMENT the LOCALITY's match for eligible Project expenses incurred by the DEPARTMENT in the performance of activities set forth in paragraph 2.a. j. Administer the Project in accordance with all applicable federal, state. and local laws and regulations. Failure to fulfill legal obligations associated with the Project may result in forfeiture of federal or state-aid reimbursements. k. If legal services other than that provided by staff counsel are required in connection with condemnation proceedings associated with the acquisition of Right-of-Way, the LOCALITY will consult the DEPARTMENT to obtain an attorney from the list of outside counsel approved by the Office of the Attorney General. Costs associated with outside counsel services shall be reimbursable expenses of the Project. 1. Provide, or have others provide, maintenance of the Project upon completion. unless otherwise agreed to by the DEPARTMENT. Where the Project results in physical construction. the LOCALITY will continue to operate and maintain the Project in accordance with the final constructed design as approved by the DEPARTMENT. The LOCALITY agrees that any modification of the approved design features, without the approval of the DEPARTMENT, may, at the discretion of the DEPARTMENT, result in restitution either physically or monetarily as determined by the DEPARTMENT. 3. The DEPARTMENT shall: a. Perform any actions and provide any decisions and approvals,within a reasonable time, which are the responsibility of the DEPARTMENT, required by federal and state laws and regulations, or as otherwise agreed to, in writing. between the parties, and provide necessary coordination with the FHWA as determined to be necessary by the DEPARTMENT. OAG Approved T28/2022 3 Federal Aid Project Administration Agreement Locality:City of Roanoke Project Number:1:000-128-505.UPC 124778 b. Upon receipt of the LOCALITY's invoices pursuant to paragraph 2.f, reimburse the LOCALITY the cost of eligible Project expenses, as described in Appendix A. Such reimbursements shall be payable by the DEPARTMENT within 30 days of an acceptable submission by the LOCALITY. c. Where applicable, submit invoices to the LOCALITY for the LOCALITY's share of eligible Project expenses incurred by the DEPARTMENT in the performance of activities pursuant to paragraphs 2. a. and 3.a. d. Audit the LOCALITY's Project records and documentation as may be required to verify LOCALITY compliance with federal and state laws and regulations. e. Upon LOCALITY'S request, make available to the LOCALITY guidelines to assist the Parties in carrying out responsibilities under this Agreement. 4. If designated by the DEPARTMENT, the LOCALITY is authorized to act as the DEPARTMENT's agent for the purpose of conducting survey work pursuant to § 33.2- 1011 of the Code of Virginia (1950), as amended. 5. Nothing in this Agreement shall obligate the Parties hereto to expend or provide any fluids in excess of funds agreed upon in this Agreement or as shall have been included in an annual or other lawful appropriation. State and federal Project funding is limited to those identified in the Appendix A of this Agreement and is allocable only upon LOCALITY's compliance with all requirements of this Agreement. In the event the cost of all or part of the Project is anticipated to exceed the allocation shown on Appendix A, the Parties agree to cooperate in seeking additional funding for the Project or to terminate the Project before Project costs exceed the allocated amount. Any requested increase in federal or state funding is subject to DEPARTMENT policy and procedures applicable to the funding source and is not guaranteed. 6. Nothing in this Agreement shall be construed as a waiver of the LOCALITY's or the Commonwealth of Virginia's sovereign immunity. 7. The Parties mutually agree and acknowledge, in entering this Agreement, that the individuals acting on behalf of the Parties are acting within the scope of their official authority and capacity and the Parties agree that neither Party will bring a suit or assert a claim against any official, officer, or employee of either Party, in their individual or personal capacity for a breach or violation of the terms of this Agreement or to otherwise enforce the terms and conditions of this Agreement. The foregoing notwithstanding, nothing in this subparagraph shall prevent the enforcement of the terms and conditions of this Agreement by or against either Party in a competent court of law. 8. The Parties mutually agree that no provision of this Agreement shall create in the public, or in any person or entity other than the Parties, rights as a third party beneficiary hereunder, or authorize any person or entity. not a party hereto, to maintain any action for, without limitation, personal injury, property damage, breach of contract, or return of money, or property, deposit(s), cancellation or forfeiture of bonds. financial instruments. OAG Approved 7282022 4 Federal Aid Project Administration Agreement Locality:City of Roanoke Project Number:U000-128-505.UPC 12477S pursuant to the terms of this Agreement or otherwise. Notwithstanding any other provision of this Agreement to the contrary, unless otherwise provided, the Parties agree that the LOCALITY or the DEPARTMENT shall not be bound by any agreements between either party and other persons or entities concerning any matter which is the subject of this Agreement. unless and until the LOCALITY or the DEPARTMENT has, in writing. received a true copy of such agreement(s) and has affirmatively agreed, in writing, to be bound by such Agreement. 9. This Agreement may be terminated by either Party upon 30 days advance written notice to the other Party. Eligible Project expenses incurred through the date of termination shall be reimbursed in accordance with paragraphs 2.f. 2.h.. and 3.b, subject to the limitations established in this Agreement and Appendix A. Upon termination and unless othenvise agreed to, the DEPARTMENT shall retain ownership of plans, specifications, and right of way,unless all state and federal funds provided for the Project have been reimbursed to the DEPARTMENT by the LOCALITY, in which case the LOCALITY will have ownership of the plans, specifications. and right of way. 10. Prior to any action pursuant to paragraphs 2.b, 2.g. or 2.h.of this Agreement, the DEPARTMENT shall provide notice to the LOCALITY with a specific description of the LOCALITY's breach of this Agreement. Upon receipt of a notice of breach. the LOCALITY will be provided the opportunity to cure such breach or to provide a plan to cure to the satisfaction to the DEPARTMENT. If, within sixty (60) days after receipt of the written notice of breach, the LOCALITY has neither cured the breach, nor is diligently pursuing a cure of the breach to the satisfaction of the DEPARTMENT, then upon receipt by the LOCALITY of a written notice from the DEPARTMENT stating that the breach has neither been cured, nor is the LOCALITY diligently pursuing a cure. the DEPARTMENT may exercise any remedies it may have under this Agreement or at law or in equity. 11. THE LOCALITY and DEPARTMENT acknowledge and agree that this Agreement has been prepared jointly by the Parties and shall be construed simply and in accordance with its fair meaning and not strictly for or against any Party. 12. THIS AGREEMENT, when properly executed, shall be binding upon both Parties, their successors, and assigns. 13. THIS AGREEMENT may be modified only in writing by mutual agreement of the Parties. OAG Approved T282022 5 Federal Aid Project Administration Aereement Locality:City of Roanoke Project Number:LL000-128-505 UPC 124778 IN WITNESS WHEREOF. each Party hereto has caused this Agreement to be executed by their duly authorized representatives, acknowledging and agreeing that any digital signature affixed hereto shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. CITY OF ROANOKE, VIRGINIA: Signature Date Title NOTE: The official signing for the LOCALITY must attach a certified copy of his or her authority to execute this Agreement. COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION: Signature Date Chief of Policy. Commonwealth of Virginia. Department of Transportation Attachments Appendix A Appendix B OAG Approved 7128 2022 6 Appendix A-Locally Administered Version. Original Prepared Date: 2/28/2024 l Project Details I UPC 124778 State Project# 0000-128-505 I CFDA# 20.205 Locality UPI#: NBFNAEXRHD76 Locality City of Roanoke I Address- 215 Church Avenue.SW. Roanoke.VA 24011 µBF-CITY OF ROANOKE-SUPER REPLACE 13TH STREET-YEAR 4-Bridge Work Description Superstructure Replacement Project- 13th Street over Tinker Creek-City of Roanoke Project Location 24013-1342 (Ext. Str. ID 21643;VA Str. 8049) (Zip +4) ! Project Points oft I Locality Project Manager VDOT Project Coordinator Name: Luke Pugh Name. Jessie Nester Phone: 540-853-5208 Phone 540-613-4115 Email: Luke.Pughroanokeva.gov Email: Jessie.Nester©vdot.virginia gov - `Projectpttimatert , .. . Preliminary Right of Way and Construction Total Engineering Utilities Estimated Locality Project Expenses $427,117 $0 S6,354,388 S6,781.505 Estimated VDOT Project Oversight S20,000 $0 $20.000 $40.000 Estimated VDOT Project Services(Appendix C) SO SO SO SO Estimated Total Project Costs I $447,117 I SO I $6,374,388 _, $6.821,505 7i jec.tFinancinp Allocated Funds Local% Max Reimbursement Total Estimated Allocated Funds Type Local Share Total Amount Participation to Locality Reimbursement to Locality Bridge Program $6,821,505 0% $O 86,821,505 Funding Totals 86,821,505 SO $6,821,505 56,781,505 Note-The fjnds orders not?d cat'✓e of tie actua spend order of ands en the project Authorized Locality Official Date Authorized VDOT Official Date Tee of Locality Of`icial Title of VDOT Official This attachment is certified and made an official attachment to this document by the Parties to this Agreement. Updated June 2022 Locally Administered Federal Aid Agreement Appendix B —Special Funding Program Conditions and Requirements Project Number UPC Local Government U000-128-505 124778 City of Roanoke SMART SCALE Administration of this Project, including but not limited to the Project estimate, schedule and commitment to funding, is subject to the requirements established in the Commonwealth Transportation Board's (CTB's) most current Policy for Inrplementatiorr of the S_'tL4RT SCALE Project Prioriti_ation Process, the applicable requirements of the Code of Virginia. and VDOT's applicable Instructional and Informational Memoranda. Without limiting the foregoing, this Project has been selected through the Smart Scale (HB2) application and selection process and will remain in the Six-Year Improvement Plan (SYIP) as a funding priority unless certain conditions set forth in the CTB's most current Policy for Implementation of a Project Prioritisation Process arise. Pursuant to the CTB's Policy for Implementation of a Project Prioriti_ation Process, this Project will be re-scored and/or the funding decision re-evaluated if any of the following conditions apply: a change in the scope. an estimate increase, or a reduction in the locallyiregionally leveraged funds. Applications may not be submitted in a subsequent SMART SCALE prioritization cycle to account for a cost increase on a previously selected Project. This Project shall be initiated and at least a portion of the Project's programmed funds expended within one year of the budgeted year of allocation or funding may be subject to reprogramming to other projects selected through the prioritization process. In the event the Project is not advanced to the next phase of construction when requested by the CTB, the LOCALITY or the localities within the metropolitan planning organization may be required, pursuant to § 33?-214 of the Code of Virginia, to reimburse the DEPARTMENT for all state and federal funds expended on the Project. Transportation Alternatives Program This Project shall be administered in accordance with VDOT's most current Transportation Alternatives Program Guide. Without limiting the foregoing, CTB policy for allocations from the Transportation Alternatives Programs requires that the Project must be advertised or otherwise under construction within four years of the initial Project allocation or otherwise be subject to deallocation, unless prior Department approval has been provided. The DEPARTMENT shall conduct all environmental studies necessary to complete an environmental document in compliance with the National Environmental Policy Act, unless otherwise agreed to in writing and attached to this Agreement. The LOCALITY is responsible OAG Reviewed 7%28 2022 1 for implementing any environmental commitments resulting from the environmental studies. In addition. the LOCALITY is responsible for obtaining any water quality permits and conducting any required hazardous materials due diligence efforts. VDOT's estimated cost for the environmental studies and submissions will be provided to the LOCALITY and deducted from the Project funds. Regional Surface Transportation Program (RSTP) Allocated Regional Surface Transportation Program funds must be obligated within 12 months of allocation and expended within 36 months of the obligation. Congestion Mitigation Air Quality(CMMAQ) Allocated Congestion Mitigation and Air Quality Program funds must be obligated within 12 months of allocation and expended within 36 months of the obligation. Revenue Sharing This Project shall be administered in accordance with VDOT's most current Revenue Sharing Program Guidelines. Without limiting the foregoing, the Project shall be initiated such that at least a portion of the Revenue Sharing Funds are expended within one year of allocation. For any project that has not been initiated within one year. the CTB has the discretion to defer consideration of future allocations until the Project moves forward. Further, if the Project has not been initiated within two fiscal years subsequent to the allocation of Revenue Sharing Funds, the Revenue Sharing Funds for the Project may be subject to deallocation from the Project at the discretion of the CTB. State of Good Repair (SGR)Bridge Project estimate, schedule, and commitment to funding are subject to the requirements established in the CTB's State of Good Repair Program Prioriti_ation Process Methodology, the Code of Virginia, and VDOT's Instructional and Informational Memoranda. Projects receiving funding under this program must initiate the Preliminary Engineering or the Construction Phase within 24 months of award of funding or become subject to deallocation. In the event the Project is not advanced to the next phase of construction.. the LOCALITY may be required, pursuant to § 33.2-214 of the Code of Virginia, to reimburse the Department for all state and federal funds expended on the Project. This Project has been selected through the State of Good Repair application and selection process and will remain in the SYIP as a funding priority. Pursuant to the CTB's State of Good Repair Program Prioriti_ation Process Methodology, this Project will be re-scored andior the funding decision re-evaluated if any of the following conditions apply: a change in the scope, an estimate increase, or a reduction in the locally/regionally leveraged funds. Applications may not be submitted in a subsequent annual State of Good Repair prioritization cycle for the same bridge structure to account for a cost increase on a previously selected Project. OAG Reviewed 7 28'2'022 2 State of Good Repair(SGR) Paving Project estimate. schedule, and commitment to funding are subject to the requirements established in the CTB's State of Good Repair Program Prioriti_ation Process Methodology. the Code of Virginia, and VDOT's Instructional and hifornlational Memoranda. Projects receiving funding under this program must be advertised within twelve months of award funding or be subject to deallocation. In the event the Project is not advanced to the next phase of construction, the LOCALITY may be required, pursuant to § 33.2-214 of the Code of Virginia, to reimburse the Department for all state and federal funds expended on the Project. This Project has been selected through the State of Good Repair application and selection process and will remain in the SYIP as a funding priority. Pursuant to the CTB's State of Good Repair Program Prioritization Process Methodology, this Project will be re-scored and/or the funding decision re-evaluated if any of the following conditions apply: a change in the scope, an estimate increase, or a reduction in the locally/regionally leveraged funds. Applications may not be submitted in a subsequent annual State of Good Repair prioritization cycle for the same roadway segment to account for a cost increase on a previously selected Project. Economic Access This Project shall be administered in accordance with VDOT's most current Economic Development Access Prograil! Guide. Airport Access This Project shall be administered in accordance with VDOT's most current Airport Access Program Guide. Recreational Access This Project shall be administered in accordance with VDOT's most current Recreational Access Program Guide. Highway Safety Improvement Program (HSIP) Allocated Highway Safety Improvement Program (HSIP) funds must be obligated within 12 months of allocation and expended within 36 months of the obligation. Local Funds All local funds included in Appendix A have been forinally committed by the LOCALITY board or council, subject to appropriation. Authorized Locality Official Signature and Date OAG Reviewed 7 28`202_2 3 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of March 2024. No. 42896-031824. AN ORDINANCE providing for the acquisition of real property needed by the City of Roanoke in connection with the West End Stormwater Drainage Improvement Project (Project); authorizing City staff to acquire such real property by negotiation; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City wants and needs to acquire certain real property in fee simple owned by Local Environmental Agriculture Project, Inc. (LEAP) located at 712 Patterson Avenue, S.W. (Official Tax Map No. 1112822), and 0 Campbell Avenue, S.W. (Official Tax Map No. 1112820), as set forth in the City Council Agenda Report dated March 18, 2024, to perform stormwater drainage improvements in connection with the Project. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property parcels referred to in the above-mentioned City Council Agenda Report, and any other real property interests that may later be determined by the City that are needed for the Project. The City Attorney shall approve all requisite documents as to form. 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcels for such consideration as deemed appropriate for the necessary interests, provided however, the total consideration offered or expended, including costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available in the project account budgeted for this purpose, without further authorization of City Council. Upon the acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form by the City Attorney, the Director of Finance is authorized to pay the respective consideration to the owner of the real property interests conveyed, certified by the City Attorney to be entitled to the same. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: • V-ne' 41'y City Clerk. 2 ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 18, 2024 Subject: Authorization to negotiate with owners for purchase of property in connection with the West End Stormwater Drainage Improvement Project. Background: As part of the City's continued effort to maintain a flood resilient community, the Stormwater Division is planning a series of projects to mitigate flooding in Downtown. Several of these projects must take place upstream (west and northwest) of Downtown to slow stormwater runoff before it drains into Downtown. The West End Stormwater Drainage Improvement Project is one of these projects, and in addition to reducing flooding in downtown, will also work to improve local drainage in the area between 10th St. SW, Patterson Ave. SW and Campbell Ave SW. Local Environmental Agriculture Project, Inc. (LEAP) is the owner of real property bearing Official Tax Map Nos. 1112822 and 1112820 . In order to construct, operate and maintain the proposed improvements, the City desires to acquire these properties and other such property rights that may later be identified. Considerations: City Council action is necessary to enter into negotiations with LEAP to acquire the two parcels identified below: Table I - Requested property owner negotiation related to West End Stormwater Drainage Improvement Project. TAXID Address 1112822 712 Patterson Ave. SW 1112820 0 Campbell Ave. SW Recommended Action: Authorize the City Manager to enter into negotiations with the current property owners to acquire the properties designated in Table 1, and such other property rights that may later be identified by the City needed for the Project, provided the total consideration offered, including applicable costs, shall not exceed the funds available in the project account budgeted for this purpose, without further authorization of City Council lye Bob Cowell, City Manager Distribution: Council Appointed Officers Ross Campbell, P.E., Director of Public Works Ian Shaw, P.E., AICP, Stormwater Manger David Collins, Senior Assistant City Attorney Marcus Aguilar, Ph.D., P.E., Civil Engineer II Elizabeth Paden, P.E. Civil Engineer II IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of March 2024. No. 42897-031824. 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 Supplement 302 -`233-'b000 -1000 - 156T -62230-41229-2 -02 $ 150,489.00 $ 150,489.00 Bonuses "302 -`233-'000 -1000 - 156T -62230-41660-2 -02 85,000.00 Social Security/FICA '302 -233-'0000 -1000 - 156T -62230-42201 -2 -02 24,600.00 24,600.00 Travel `302 -233-10000 -1000 - 156T -62230-45551 -2 -02 25,000.00 5,000.00 5,000.00 $ 265,089.00 $ - $ 265,089.00 REVENUE Original Budget Changes Requested Final Budget Federal Grant Receipts 'NO2 -'000-'0000 -'b000 - 156T -00 -38416-0 -00 $ 265,089.00 $ 265,089.00 $ 265,089.00 $ - $ 265,089.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Cte-d4:4, 17. City Clerk Roanoke a*, Office of the UMW Bout ,;:, { ' C it PUBLIC HOOLS March 18,2024 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 Tuesday, March 12,2024,the Board respectfully requests that City Council approve the following appropriation requests: New Appropriation Award School-Based Mental Health SBMH2-Y2 2023-24 $265,089.00 On behalf of the School Board,thank you for your consideration. Sincerely, %11 Rita S.Huffman,M.Ed. School Board Clerk pc: Cecelia Webb(original) Bob Cowell Tim Spencer Amelia Merchant Brent Robertson Eli C. S. Jamison. Ph.D.,Chair • Joyce W. Watkins, Vice Chair Franny Apel • Diane M.Casola • Mark K.Cathey • Michael L. Cherry, 11 • Natasha N. Saunders O: C540)853-2381 j F: (540) 853-2951 ; P.O.Box 13145 Roanoke, VA 24031 www.rcps.info ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 18, 2024 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 Tuesday, March 12 2024, the Board respectfully requests that City Council appropriate funding as outlined in this report. The School-Based Mental Health (SBMH) grant provides funds to increase the number of qualified school mental health (SMH) professionals employed by local education agencies (LEAs). Specifically, the grant will help build capacity for managing recruitment and retention efforts of school mental health professionals through the application of multi-tiered systems of support core components. The program will be fully reimbursed by federal funds in the amount of$265,089 and will end December 31, 2024. This is a continuing program. 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 18th day of March 2024. No. 42898-031824. AN ORDINANCE amending and reordaining Division 2, Permanent Committees.,Article XIV Authorities, Boards, Commissions and Committees Generally, Chapter 2, Administration, Section 2-306 Gun Violence Prevention Commission, Code of the City of Roanoke (1979); establishing an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Amend and reordain Division 2, Permanent Committees and Boards, Article XIV Authorities,Boards, Commissions and Committees Generally, Chapter 2,Administration, Section 2-306, Gun Violence Prevention Commission, Code of the City of Roanoke (1979), as amended, as follows: * * * Sec. 2-306 Gun Violence Prevention Commission (a) Established; composition.There is hereby established the Gun Violence Prevention Commission as a permanent council-appointed board. The Gun Violence Prevention Commission shall consist of nine (9) voting members who shall be residents of the city, unless such residency requirement is waived by City Council in accordance with City Code Section 2-281. Pursuant to section 2 282, the mayor will serve as an ex officio non voting member of the Gun Violence Prevention Commission. The Chief of Police shall serve as an ex officio, non-voting member. Council shallfnay appoint at least one (1) non-voting Council member, which may include the mayor, as a liaison to the Commission and may appoint up to a total of two(2)non-voting Council members as liaisons. . Council may also appoint up to two(2)non-voting youth members who shall be under the age of nineteen years. Non-voting members shall not be counted for the purpose of determining a quorum. (b) Purpose,Responsibility The purpose and responsibility of the Gun Violence Prevention Commission shall be as follows: (1) Gather,review and study the issue of gun violence within the community; 1 (2) Make recommendations to city council for potential actions that the city may take to reduce the epidemic of gun violence within our community and to make recommendations for enhancing existing resources and campaigns; and (3) Aid the city in making and developing community partnerships to assist in the reduction of gun violence. (4) It may make recommendations to and assist city council and the city manager in determining what funds should be provided in the city's budget for resources to assist in the reduction of gun violence and for the work of the commission. (5) It may advise city council and the city manager regarding the participation in or sponsoring by the city of performances, programs or other endeavors to assist in the reduction of gun violence. (6) It may seek donations, offers of services, and grants to further its projects and activities and those of the city. (7) For annual funding under the general fund, it shall, subject to administrative procedures promulgated by the city manager, review applications or requests for funding made to the city by private nonprofit agencies; advise the council as to the merits of funding the programs of such agencies; recommend an allocation of funding to such agencies; and monitor and evaluate the programs of such agencies. (c) Appointment and terms of members. Members of the Gun Violence Prevention Commission shall be appointed by city council. The appointed liaison members of city council shall serve only during their respective term of office. With the exception of their initial staggered term, all other members shall serve for terms of three (3) years. Members of the Gun Violence Prevention Commission. Other than the member(s) who serve as-of city council liaison(s), all other members shall be subject to the limitation on terms set forth in section 2-281.1. (d) Members not compensated. The members of the Gun Violence Prevention Commission shall serve without compensation for their service as such members. (e) Organization, selection of officers, meetings. (1) At its initial meeting, the members of the Gun Violence Prevention Commission shall elect a chair, vice-chair, and secretary. The member elected as chair shall serve as the presiding officer at all meetings of the Gun Violence Prevention Commission. In the absence of the chair,the vice-chair shall preside at such meeting.The secretary shall prepare agendas for each meeting, take minutes of each meeting, ensure that proper legal notice of all meetings is provided, and file minutes with the city clerk. All officers shall serve for terms that end on March 31 of each year. Members may be reelected to serve as an officer without limitation. 2 (2) Gun Violence Prevention Commission shall adopt bylaws with respect to the operations of the Gun Violence Prevention Commission. Such by-laws shall not be inconsistent with the provisions of section 2-306. (3) The Gun Violence Prevention Commission shall develop a schedule for regular meetings on a monthly basis for each calendar year. The schedule shall include the dates and times of each regular meeting for the ensuing calendar year. At the initial meeting of the Gun Violence (4) The Gun Violence Prevention Commission shall make at least one (1) public presentation to city council each calendar year.The purpose of this public presentation is to update council and the public on the progress being achieved in preventing gun violence within the community. (5) Special meetings of the Gun Violence Prevention Commission may be called by the chair or by two (2)members of the Gun Violence Prevention Commission with at least twelve (12)hours prior notice to each member, delivered in hand or by electronic mail. The notice of the special meeting shall set forth the purpose of the special meeting and the special meeting shall be limited to that purpose. (6) The city manager shall appoint staff to assist the Commission in the performance of their duties. The city attorney shall provide legal advice and assistance to the Gun Violence Prevention Commission. (f) Reports to city council. The Gun Violence Prevention Commission shall make such other recommendations to city council as the Gun Violence Prevention Commission deems appropriate. All recommendations shall be in writing and delivered to the city clerk for inclusion with the city council agenda packages. The chair or designee shall attend the city council session at which such recommendations are considered by city council. * * * 2. The ordinance shall be effective upon passage. 3. Pursuant to Section 12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. ATTEST: -� = City Clerk. 3 IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 18th day of March 2024. No. 42899-031824. AN ORDINANCE amending and reordaining Division 1, Generally, Article XIV Authorities,Boards, Commissions and Committees Generally, Chapter 2,Administration, Section 2-282 Mayor as ex-officio member of committees, Code of the City of Roanoke (1979); establishing an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Amend and reordain Division 1, Generally, Article XIV Authorities, Boards, Commissions and Committees Generally, Chapter 2,Administration, Section 2-282,Mayor as ex- officio member of committees, Code of the City of Roanoke (1979), as amended, as follows: Sec. 2-282. - Mayor as ex officio member of committees. The mayor shall be an ex officio member of each committee appointed by the council or by the mayor and, as such member, shall have all the privileges, including the right to vote, but not the obligation to attend every committee meeting. The mayor shall not be counted for the purpose of determining a quorum of any such committee. Notwithstanding the foregoing, the mayor shall not be an ex officio member of the gun violence prevention commission established pursuant to section 2-306. 2. The ordinance shall be effective upon passage. 3. Pursuant to Section 12 of the Roanoke City Charter,the second reading by title of this ordinance is hereby dispensed with. ATTEST: - ___. City Clerk. =_ 1 IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 18th day of March 2024. No. 42900-031824. AN ORDINANCE amending and reordaining Section 22.3-78, Administration and Investment,Article XIV,Defined Contribution Plan,Chapter 22.3 Pensions and Retirement,Code of the City of Roanoke (1979) as amended; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 22.3-78, Administration and Investment, Article XIV, Defined Contribution Plan, Chapter 22.3, Code of the City of Roanoke (1979) as amended, is hereby amended and reordained to read and provide as follows: * * * Sec. 22.3-78. Administration and Investment. * * * (b) The defined contribution board shall be appointed by city council and shall consist of five (5) members as follows: the assistant—city manager, ex officio operations or their designee by the city manager; a member designated by the city manager; the director of finance, ex officio; a member designated by the director of finance; and the director of human resources, ex officio;, and two (2)The members appointed desi_ ated by the assistant city manager of operations who shall not be and the director of finance. The members designated by the assistant city manager of operation All non ex officio members shall serve terms of four(4) years. * * * 2. This ordinance shall become effective upon adoption. 3. Pursuant to Section 12 of the Roanoke City Charter,the second reading by title of this ordinance is hereby dispensed with. ATTEST: wit_e4,4". City Clerk.-- MOP i ROANOKE CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 18, 2024 Subject: Recognition of the Accessory Dwelling Unit (ADU) Design Competition. Background: The City recently expanded the opportunities for accessory apartments or Accessory Dwelling Units (ADU) to be built throughout the City with a change in the zoning code. ADUs are a dwelling that are limited in size and can be an option for someone seeking a more affordable housing option or those seeking to age in place. To encourage the development of more ADUs within the city, the City of Roanoke partnered with AIA Blue Ridge to host an ADU Design Competition to increase public awareness of this housing option and encourage the implementation of ADU-supportive policies. Considerations: The ADU Competition was a collaborative effort between the City of Roanoke and AIA Blue Ridge that underscores the commitment of each to fostering livable communities that cater to the needs of all ages. By incentivizing innovative ADU designs and promoting awareness through educational events, this initiative aimed to create positive, lasting change within the city. This initiative was made possible by the generous funding from AARP as part of the 2023 AARP Community Challenge grant program. This program is part of AARP's nationwide Livable Communities initiative, which supports the efforts of cities, towns, neighborhoods. and rural areas to become great places to live for people of all ages. The awarded grant was selected from over 3,600 applications submitted nationwide. We are fortunate to have a group of civic-minded architects within AIA Blue Ridge willing to use their expertise in design and community transformation to create and lead an accessory dwelling unit (ADU) competition for the City of Roanoke. The plans created from this competition will allow community members to use award-winning designs for the construction of ADUs that fit beautifully into the existing neighborhoods while allowing additional opportunities to age in place, provide extra space for guests, care of loved ones, or provide income from renting to a tenant. Twenty ADU competition entries were received and judged by a team of community members and design professionals. The winning designs range from just over 300sf to almost 800sf and will provide multiple options for people within the community to build ADUs. The winners were: 1st Place: Steve Sunderman. Terrazia PC Architecture 2nd Place: Derek Cundiff, Cundiff Architecture, Inc. 3rd Place: (tied) Haley Kellam, Dwell Design Studio and Helen Jadlowski & Laura Parrish, SFCS, Inc. Winners were awarded to produce construction documents of their designs and they can be found at the City of Roanoke ADU webpage at: https://planroanoke.org/accessory-dwellings/ The webpage contains information about ADUs, an ADU Design Book showcasing all of the design competition entries, and the ADU building plans. Recommended Action: No Action. Acknowledgment of partners, winners, and presentation of the ADU Design Book. .4f/r Bob Cowell, City Manager Distribution: Robert S. Cowell, Jr., City Manager Angie O'Brien, Assistant City Manager Chris Chittum, Executive Director of Community Development and Placemaking R. Wayne Leftwich, Jr., Planning Manager Katharine Gray, Principal Planner 0 ...6____ a) /2) 4a co •4 O N C N h. ii.r çw •- 0 = XI N ce 0 a) Q t) CD 40 4_____< co i ., 0) 70 o a m 0 CD CD CU . . 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' '2' .- t (1) .,.'''','",..k.,1";,, • Lm •13 0 i• I ,t.' -,"' 44 L- o , z N 0 iiiii d Ai 03 n a v .. . , , ,... . .. ... 0 0 3 c/g/ 'Ii __________-- - a 0 a,,, m v t Z (- v w N c 3 o E Fe- ) w � o J D U m0a �\ a Q / �, aa Q 4,..--...._______i \ (1 , , CU 0 bo b.O m •C CO C bp C -1- 0 Q Q Q Q a NOIIII]dkNOJ nfl vLiz a f CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue,S.W.,Room 456 Roanoke,Virginia 24011-1536 4 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 March 20, 2024 Jeff Wood Designs, LLC Attn: Jeffrey Wood 3306 Dogwood Hill Road NE Roanoke, VA 24012 Dear Jeffrey Wood: Enclosed is a copy of Ordinance No. 42901-031824 to rezone property located at 1729 and 0 Patterson Avenue SW; bearing Official Tax Map Nos. 1212309 and 1212310 (respectively), from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, subject to the Development Plan that specifies uses, location of buildings and infrastructure, site access, and building design. The above referenced measure was adopted by the Council of the City of Roanoke at the regular meeting held on Monday, March 18, 2024. Sincerely, Cecelia F. McCoy, CMC City Clerk Enclosure pc: Restoration Housing, Isabel Thornton, 1116 Main Street, Suite B, Roanoke, VA 24015 1729 Patterson Avenue LLC, 1116 Main Street, Suite B, Roanoke, VA 24015 Rosemary Virginia Deegan Hart, 304 18th St. SW, Roanoke, VA 24016 Van Sushi Inc., 268 White Tail Dr., Roanoke, VA 24012 Alfred Henry &Annabelle Randolph, 1722 Rorer Ave SW, Roanoke, VA 24016 Blanton Properties, LLC, 5147 Meadow Valley Cir, Roanoke, VA 24018 C&A Investments LLC, PO Box 383, Cloverdale, VA 24077 William & Selma Jones, 1730 Patterson Ave SW, Roanoke, VA 24016 Whistle Pig LLC, 1790 Harding Rd, Blacksburg, VA 24060 Gaven C Burnett, 1722 Patterson Ave SW, Roanoke, VA 24016 Katherine E Degen, 1718 Patterson Ave, SW, Roanoke, VA 24016 Billy R Gunter, 1031 Palm Ave, NW, Roanoke, VA 24017 Mornings Ray Recovery LLC, 706 Campbell Ave Sw, Roanoke, VA 24016 Roanoke Perfect Construction LLC, 1802 Patterson Ave SW, Roanoke, VA 24016 The Honorable Brenda Hamilton, Circuit Court Clerk Robert S. Cowell, Jr., City Manager W. Brent Robertson, Assistant City Manager/ Chief Financial Officer Jillian Papa Moore, Deputy Director, Planning Building & Development Timothy Spencer, City Attorney Laura Carini, Senior Assistant City Attorney Kelvin Bratton, Director of Real Estate Valuation Luke Pugh, City Engineer Emily Clark, Secretary to the City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th day of March 2024. No. 42901-031824. AN ORDINANCE to rezone the property located at 1729 and 0 Patterson Avenue, S.W., bearing Official Tax Map Nos. 1212309 and 1212310 (respectively), from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, subject to the Development Plan; and dispensing with the second reading of this ordinance by title. WHEREAS, 1729 Patterson Avenue LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 1729 and 0 Patterson Avenue, S.W., bearing Official Tax Map Nos. 1212309 and 1212310 (respectively), rezoned from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, subject to the Development Plan that specifies location of buildings and infrastructure, site access, and building design; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on March 18, 2024, after due and timely notice thereof as required by §36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that property located at 1729 and 0 Patterson Avenue, S.W., bearing Official Tax Map Nos. 1212309 and 1212310 (respectively), be, and is hereby rezoned from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, subject to the Development Plan that specifies location of buildings and infrastructure, site access, and building design, as set forth in the Zoning Amendment Application dated January 29, 2024. 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. - O1 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 18, 2024 Subject: Application by 1 729 Patterson Avenue LLC to rezone the property located at 1729 and 0 Patterson Avenue SW; bearing Official Tax Map Nos. 1212309 and 1212310 (respectively), from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, subject to the Development Plan that specifies uses, location of buildings and infrastructure, site access, and building design. Summary: By a vote of 6-0, with Commissioner P. Smith absent, 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 to Planned Unit Development Owner: 1 729 Patterson Avenue LLC Applicant: Restoration Housing Agent: Jeff Woods City Staff Person: Katharine Gray, Principal Planner Address: 1 729 and 0 Patterson Avenue SW Official Tax No: 1212309 and 1212310 (respectively) Site Area: +/- .517 acres Relevant Plans: Hurt Park/Mountain View/West End Neighborhood Plan Proposed Land Use: Group care facility, halfway house Future Land Use: Mixed Use Filing Date: Original Application: January 29, 2024 Public Notification and Outreach: � I • 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 - Requirements 1 ) 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 • The applicant discussed their plans with neighbors. Background: The property at 1 729 and 0 Patterson Avenue SW (hereafter 1 729 Patterson) was built as a single-family home in the early part of the 1900's on the northeastern corners of Patterson and 18th Street SW. After World War II many homes in the area were converted to multifamily dwellings. In 2005, a section of the neighborhood along Patterson Avenue that contained these large homes was rezoned to allow for residential and office use to spur appropriate redevelopment in the area. 2 The house at 1 729 Patterson was occupied as an office by Blue Ridge Behavioral Health from the mid-1990s and then, in 2007, the property use was changed to a group home. In 201 1 , the property use was changed to office. In addition, in 2014 the property was rezoned to INPUD, with a condition. to allow a group care facility, halfway house. The halfway house use was never established and in 2020 the owner rezoned the property back to MX to allow the broader range of uses permitted within the MX District while simultaneously rezoning the property at 1801 Patterson Ave SW to INPUD, with a condition, for a group care facility, halfway house. Now the owner of the 1 729 Patterson desires to establish a group care facility, halfway house use, but that use is not permitted in the MX District. Therefore, the owner wants to rezone from MX District to INPUD, for a group care facility, halfway house. Proposed Use/Development: The applicant proposes to rezone the property at 1 729 Patterson to INPUD to enable use as a group care facility, halfway house. While the majority of the exterior will continue as currently exists, an approximately 20 foot-deep addition at the northern rear facade is planned to add accessibility features to the building. The building will be substantially consistent with the development plan and elevations with details of the addition subject to the Architectural Review Board approval as the exterior of the building is subject to H-2 Historic District Guidelines. Permitted uses have been noted on the development plan as follows: Dwelling, Multifamily Group Care Facility, Halfway House (16 residents maximum, plus newborns and staff) Office, General or Professional Live-Work Unit Mixed-Use Building Club, Lodge, Civic, or Social Organization Community Center Artist Studio Educational Facilities, Business School or Nonindustrial Trade School Educational Facilities, School for the Arts Resident Manager Apartment The remainder of the site is proposed to remain as exists today. The only signage permitted is directional signage as defined in Sec. 36.2-662 of the Zoning Ordinance. 3 Considerations: Compatibility with Surrounding Land Uses: The property has been used for an office and group home before remaining vacant for an extended time. A group care facility, halfway house, at the scale and manner proposed, fits well into the neighborhood on a neighborhood collector street in a mixed-use area five blocks to the west of a neighborhood center area. Zoning District Land Use North RM-1 . Residential Mixed Density Single-family detached dwellings South MX, Mixed Use Two-family dwellings, Single- family detached dwellings, Multifamily dwellings East MX, Mixed Use Two-family dwelling, Single- family detached dwellings West INPUD, Institutional Planned Unit Group care facility, halfway Development house The future land use plan from the City Plan 2040 designates this area for mixed use. Applicability/Appropriateness of Proposed Zoning District: The purposes of the INPUD District are to encourage harmonious development of institutional uses and mixed-use campus developments, to provide flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities in these institutional complexes. This particular proposal would allow the renovation of a long underutilized building for a group care facility, halfway house with associated site development that adds a small addition at the rear of the property while maintaining a similar relationship with residential properties to the north, east, and south. Availability of Other Property: The proposed use is only allowed in the RM-2 and RMF District by special exception, and in the INPUD District. .As such, there are few other properties immediately adjacent, other than the one in the rezoning request, which is available, similarly situated, and zoned to allow this type of development. 4 Consistency with Comprehensive Plan: Both City Plan 2040 and the Hurt Park/Mountain View/West End Neighborhood Plan support maintaining a range of housing options within the community in a manner appropriate to the surrounding area. Policy/Action Plan Applicability to matter HC Priority Three: Access to Health Comprehensive The project proposes to and Support Services Plan , Healthy provide a residential Action: Support development of Community treatment facility for pregnant adequate inpatient and outpatient Theme women and their infants. The medical and rehabilitation facilities facility is small in scale with a for substance abuse or mental health maximum of 16 residents disorders that are small in scale, plus infants. While the facility accessible, and distributed across the is close to another residential City treatment facility, they serve differing needs. LBE Priority One Policy 1 Comprehensive The project proposes to Action: Proposed development (infill Plan', Livable maintain the character of the development, alterations. Built Environ- building and site while adding renovations, and additions) should ment Theme a residential use that fits with create or enhance a distinctive the surrounding mixed use character that relates well to the zoned property along surrounding community Patterson Avenue SW. LBE Priority Four Policy 3 Comprehensive The rezoning to INPUD allows Enable a range of housing types in Plan , Livable an existing large and at times each part of the community to Built Environ- vacant historic building within achieve inclusive, livable ment Theme the neighborhood to offer a neighborhoods that prosper over form and scale of housing for time, people in a manner that • Explore opportunities for remains reflective of the alternative living character of the surrounding arrangements, such as group commercial and residential living and co-housing, near area. neighborhood centers Community Design Actions: Hurt Park/ The existing buildings on the Encourage office-residential mix: Mountain/View/ properties are governed by Change zoning to allow mixed office West End the H-2 District and any and residential uses in the H-2 Neighborhood proposed changes to the District on Patterson Avenue and in Plan 2, pg. 42. historic buildings would West End to encourage rehabilitation, require ARB approval. adaptive reuse, and preservation of large, historic houses. ' City Plan 2040, City of Roanoke. 2020 2 Hurt Park/Mountain/View/West End Neighborhood Plan, City of Roanoke. 2003 5 Policy/Action Plan Applicability to matter Residential Development Policies: Hurt Park/ The proposed change would Diversity of Housing Options: Hurt Mountain/View/ allow a group living facility Park, Mountain View and West End West End that is much like a multifamily should have a balance of single and Neighborhood type dwelling. The facility multifamily housing. Given the Plan ', pg. 42. would restrict the number of current housing stock, development residents to 16 plus infants of more multifamily low-income and staff, which is less than housing should be discouraged. would be anticipated in a multifamily dwelling with 9 units that would be allowed by right in the MX District. This facility would be the only multifamily type dwelling on this block and is situated on a corner near multifamily type dwellings on the block to the west of 18t Street. Comments on Application: Planning Commission Work Session: The proposed uses and development form were discussed at the Planning Commission work session. Interdepartmental Comments: General comments were provided from the Western Virginia Water Authority. Fire department, and the Planning Building and Development department related to: water and sewer availability, fire code standards, building and zoning subdivision requirements, and the permitting process. Public Comments: None received. Public Hearing: Public comments concerned the neighborly character of Bethany Hall, the previous treatment center for expectant mothers and infants that has since closed, the residential scale and character of the proposed treatment facility, and neighbor support. 6 Conclusions and Recommendations: The principal consideration is whether the proposed rezoning is consistent with City Plan 2040 and the Hurt Park/Mountain View/West End Neighborhood Plan. The proposed change allows for the renovation of and small addition to the existing historic building to accommodate a residential treatment facility at a small scale comparable to a multifamily dwelling allowed by right within the current zoning district. The rezoning to INPUD is appropriate to the surrounding area and in keeping with the overall goals of these plans. �za C 71Ia z z7 /// Frank Martin, Chair City Planning Commission 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 1 729 Patterson Avenue LLC Restoration Housing Jeff Woods 7 I �JL9�Zl £tbP0 - pi, ---Z, 4- £h{ '7ie1 �� cae �x fk tit 8{a isylg� 0t�r 4`tazl -° 4° — sty £lz `. 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Roanoke, Virginia 24011 Oki Here to Pitt Phone: (540)853-1730 Fihng Date lian ua ry 29,,?0,24 Submittal Number ()r , in,d A ppkation Rezoring, Not Otherwise Listed , ; Amendment of Proffered Conditions RezoNng, Conditional Amendment of Planned Unit Development Plan Rezoring to Planned Unit Development ; Amendment of Comprehensive Sign Overlay District Establislinent of Comprehensive Sign Overlay District Address: :1 729 Patterson Avenue SW&TT Patterson Avenue SW Official Tax No(s).: I 212309& 1212310 Existing ; 71 Without Conditions Ordinance Zoning: mx mo;t1,1 (he With Conchtions No(s), (ff applicable): Planned Unit Development Requested ; Without Conditions proposed JGwupC41e Far Ott Halfway Zong: iNPLIDI Una Dr.velop With Conditions Land Use: Planned Unit Development Name: II 729 Patterson Avenue La I PhOfte Ntinbel 1 91/8879840 Address 1116 Main Street Suite ti, Roanoke.VA 24015 E-mail:J isabek-,iestorationhousing.or rR• eviv owe"sitiokre Name: IReStOratiOn HOU smq Isabel Thornton, Director j Phone Number' 9178879840 Address: 1116 Main Street Suite B, Roanoke,VA 24015 E-mail: isabel:::restorationhousing,on rP\• t.../A,\D-St„...., Iff4cares iveturxt Name: lieff Wood Designs EL( - Jeffrey Wood 1 Phone Writer I 5408199166 Address: 3306 I1ogwood fill Road NE,Roanoke,VA 2401 2 deffwooddesig ntorq ,corn ,a„Nrel/I 4L,14 Zoning Amendment Application hecklist ;,:. Completed application form and checklistWritten narrative explaining the reason for the request. Metes and bawds description, if applicable. X Fiing fee. Concept plan meetng the Application Requirements of item'2(c)'n Zoning Amendment Procedies. Written proffers. See the City's Guide to Proffered Conditions Concept plan meetng the Application Requirements of item 2(c)'n Zoning Amendment Procedures Please label as 'development plan'if proffered. 7 Development plan meetng the requirements of Section 36.2-326 of the Oty's Zoning Ordnance. Comprehensive signage plan meetng the requirements of Section 36.2-336(d)(2)of the City's Zoning Ordnance. Amended development or concept plat meeting the Application Requirements of item'2(c)`in Zorng Amendment Procedures, if applicable. Written proffers to be amended. See the City's Guide to Proffered Conditions. Copy of previously adopted Ordinance. Amended development plan meetng the requirements of Section 36.2-326 of the City's Zonng Ordinance Copy of previously adopted Ordnance. Amended comprehensive signage plan meetng the reqtirements of Section 36 2-336(d)of the City's Zonng Ordinance. Copy of previously adopted Ordnance. A Traffic Impact Study in compliance with Appendx B-2(e)of the City's Zonng Ordinance. Cover sheet. Traffic impact anysis. Concept plan. Proffered conditions,if appicable. Regdrred fee. 'An electronic copy of this appication and checklist can be found at www.roanakeva.gov/planningcomrnlssion. A complete packet must be submitted each time an application is amended, unless otherwise specified by staff. 17.1 RESTORATION HOUSING January 26, 2024 NARRATIVE Property Description: Property Address: 1729 Patterson Avenue SW, Roanoke,VA 24016 Tax Number(s): 1212309 &1212310 Applicant: Restoration Housing Current Owner: 1729 Patterson Avenue LLC Lot Size: 0.51 acres combined Street Frontage: 15o feet on Patterson Avenue SW and 150 feet on 18th Street SW Current Zoning: Mixed Use District(MX)with a Historic Neighborhood Overlay District (H-2) Current Use:Vacant This property was last used in 2022 as a recovery residence for Anderson Treatment and was vacated the same year. It was previously used as a Group Care Facility, Halfway House by Transitional Options for Women which served formerly incarcerated women. The property was rezoned in September 2014 to Institutional Planned Unit Development District(INPUD) by Ordinance No. 40033to accommodate this use. In November 2022, it was rezoned back to Mixed Use District(MX) by Ordinance No. 41917. Proposed Use & Development of Property: Restoration Housing is requesting to rezone the subject properties from Mixed Use District (MX)to Institutional Planned Unit Development District(INPUD)for use as a Group Care Facility,Halfway House to accommodate a residential treatment facility that will serve pregnant and postpartum women and their infants. These services will be operated by the Twelve Foundation, a new nonprofit which will be replacing the services previously provided at Bethany Hall, an ASAM 3.5 residential facility for pregnant and parenting women in Roanoke that closed in 2022. The proposed project is a partnership with the Twelve Foundation, Carillon Clinic,the Roanoke Valley Collective Response,Anderson Treatment, and Restoration Housing. In the Summer of 2024, our organization plans to start rehabbing the property to add in a fire suppression system (Chapter 14 of the Virginia Existing Building Code 2018 iii6B Main Street,SW. Roanoke,VA 24015 • t.540-797-o819 • info@restorationhousing.org • www.restorationhousing.org review completed), add a small addition for an ADA bedroom and bathroom, and update the kitchen and bathrooms.We plan to have the rehab complete by the Fall of 2024, when the Twelve Foundation will move into the property and begin their programmatic work. Once they begin their operations, they will serve no more than 16 women and their infants at any one time. Over the course of a year, approximately 28 women and 28 infants will be served for a minimum of ten years(the length of our lease).There will be two staff members on site at all times as well as programmatic staff and volunteers that will offer medical treatment, peer recovery services, and postpartum care for both the women and their infants. The only change proposed for the exterior of the circa 1910 Colonial Revival is a one-story 22' x 18'addition to the rear of the building to accommodate an ADA compliant bedroom and bathroom.Any exterior modifications will be subject to approval by the Architectural Review Board. The property also includes a parcel entirely devoted to parking with i6 spaces and one ADA accessible space discreetly located behind the front building line. There is also a bus stop directly in front of the property at 18th and Patterson Avenue. Any lighting will be subject to the same standards as neighboring MX properties and signage will be limited to directional signs only. Justification for the Change: The proposed outcome of the project will positively impact the neighborhood in several ways. First,the proposed new use will provide an essential service for a very vulnerable population in Roanoke where there is a strong need and a large gap since Bethany Hall's closure in 2022. The treatment outcomes maintained by Bethany Hall saw 70%of their patients stay in recovery. Not only is the treatment a critical service to Roanoke's community but the outcome of keeping mothers and children together will have a broad impact that will last for generations to come. Roanoke has the highest number of children in the foster care system in the State (the highest number overall, not per capita)and this program is a critical service to abate the foster care system trajectory for many children in the area. Second,the proposed project will follow in line with the City of Roanoke's 204o Comprehensive Plan to bring more interwoven equity, supportive services, and preserve our existing building stock,as noted from the 204o Plan below with the following action steps: • interwoven Equity-Under Neighborhood Choice Policy, "Review and reexamine how and where zoning codes permit group care facilities and group homes providing housing and supportive services and support distribution of such housing in neighborhood settings dispersed throughout the City." • Healthy Community- Under Access to Health and Support Services, "Support development of adequate inpatient and outpatient medical and rehabilitation facilities for substance abuse or mental health disorders that are small in scale, accessible, and distributed across the City, remove barriers to treatment, disease management, and support for those with substance abuse and mental health." • Healthy Community- Under Access to Health and Support Services, "Remove barriers to treatment, disease management, and support for those with substance abuse and mental health." iii6B Main Street,SW. Roanoke,VA 24015 • t.540-797-0819 • infocarestorationhousing.org • www.restorationhousing.org • Livable Built Environment- Under Growth Through Preservation and Context Sensitive Design, "Incentivize rehabilitation of underutilized buildings" and • Livable Built Environment- Under Housing, "Explore opportunities for alternative living arrangements, such as group living and co-housing, near neighborhood centers" It will also help to fulfill the following action step in the Hurt Park/Mountain View/West End Neighborhood Plan adopted in 2003: • Community Design Action: Encourage office-residential mix: Change zoning to allow mixed office and residential uses in the H-2 District on Patterson Avenue and in West End to encourage rehabilitation, adaptive reuse, and preservation of large, historic houses. Third, it will preserve a too-year-old building in its original configuration as a single-family home but has not operated as in decades. The surrounding neighborhood no longer accommodates a market for large, high-maintenance homes which typically lead to them being chopped up into multiple apartment units(by-right in its current zoning of MX), destroying the historic character and architectural integrity of these homes. Our proposal will allow the building to have a productive use and attentive stewardship. The potential for this property to remain vacant and ultimately deteriorate in its current configuration is high as the cost of its upkeep and maintenance is prohibitive in its surrounding real estate market, furthering the blight this area has experienced for years. Conclusion: Restoration Housing plans to own and manage the property in perpetuity as an affordable space for their commercial nonprofit tenant. This means that the building will not only be affordable but also well-maintained, stable, and of high quality. This property has a long history of service due to its ideal location on a main thoroughfare within a mixed-use district as well as the size and layout of both the buildings and lots that is not readily available in other properties. It is relatively secluded from the neighborhood due to topography and would continue to visually read as a single-family home. It is intrinsic to Restoration Housing's mission to be good stewards of the property, dependable landlords to the Twelve Foundation, and to keep their property affordable for the indefinite future. 1116B Main Street,SW. Roanoke,VA 24015 • t.540-797-0819 • info@restorationhousing.org • www.restorationhousing.org 1 Q 0p >Z OO N< 2 I < N 5 a s N a a os N+ 0 0=C...) 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Al '5 v [lI ,,,,,:7•, e C•1 = kV '-''' El ) ,_N- 0 § s The Roanoke Times I Account Number I Roanoke,Virginia 6011439 Affidavit of Publication Date CITY OF ROANOKE-PBD Attn TINA CARR March 11,2024 215 CHURCH AVE ROOM 166 ROANOKE,VA 24011 Date Category Qp..c.7i0Q0 Ad Size Total Cost 03/12/2024 Legal Notices PUBLIC HEARING 2 x 19.75 IN 6,496.37 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: 03/04,03/11/2024 The First insertion being given... 03/04/2024 Newspaper reference: 0001469918 Billing Representative Sworn to and subscribed before me this 11th Day of March 2024 Notary Public State of Virginia County of Hanover Richard A Hundley Commonwealth off My Commission expiresVirginia Commission Exp.Jan.31,2028 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, Fourth Floor,Room 450,Noel C.Taylor Municipal Building,215 Church Avenue SW, Roanoke,Virginia.All persons shall be afforded an opoortunity to speak and state their views concerning all aspects of these matters. Any applications will be digitally available for review online at httpsJ/roanokeva. gov/2019/Commissions or may be obtained digitally by emailing planning@roano keva.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,March 8,2024. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke Planning Commission will hold a public hearing on March 11, 2024,at 1:30 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.The applications are available for review online at https://roanokeva.gov,2019/Comm issions or may be obtained digitally by emailing planning@roanokeva.gov.All persons wishing to address the Planning Commission must sign-up with the Sec- retary to the Planning Commission by emailing plan ning@roanokeva.gov or by calling(540)853-1730 no later than three business days before the public hearing. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning@roanokeva.gov no later than three business days before the public hearing. Application by 1729 Patterson Avenue LLC to rezone the property located at 1729 and 0 Patterson Avenue SW;bearing Official Tax Map Nos.1212309 and 1212310 (respectively),from MX,Mixed Use District,to INPUD,Institutional Planned Unit Development District,subject to the Development Plan that specifies uses,loca- tion of buildings and infrastructure,site access,and building design.The land use categories permitted in INPUD include residential;accommodations and group living;commercial;industrial;assembly and entertainment;public,institutional and community;transportation;utility;agricultural;and accessory,with the max- imum density as specified on the Development Plan.The comprehensive plan designates the property for mixed use.The proposed use is group care facility, halfway house,and other uses as noted on the PUD plan. Proposed amendments to Chapter 36.2,Zoning.of the Code of the City of Roanoke (1979),as amended,by amending and reordaining,adding,or deleting the follow- ing code sections to remove barriers for the creation of affordable housing,to make the zoning code consistent with state code,to create an additional zoning district(UC Urban Center),and to make changes to the use tables for residential, multiple purpose,industrial,and planned unit development districts;such amend- ments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district,unless otherwise noted: 1.Section 361-100,Tdle,changes title to"zoning code"; 2. Section 36.2-105,Rules of interpretation and construction,changes to construc- tion of language; 3. Section 36.2-201,Establishment of districts,changes to the naming convention of zoning districts; 4. Section 36.2-205,Dimensional regulations,changes to dwellings permitted on a lot,changes to lot frontage requirements; 5. Section 36.2-300,Purpose,changes to purpose statement; 6.Section 361-310,Purposes of the residential districts,changes to the purpose statements of the residential districts; 7.Section 362-311,Use table for residential districts,changes to the permitted uses in residential districts; &Section 36.2-312,Dimensional regulations for residential districts,changes to the dimensional regulations for residential districts; 9. Section 36.2-314,Purposes of the multiple purpose districts,changes to the purpose statement of the MX,Mixed Use District,addition of a purpose statement for the UC Urban Center, 10.Section 361-315,Use table for multiple purpose districts,changes to the per- mitted uses In the multiple purpose districts,addition of a column in the use table for the UC Urban Center; 11-Section 36.2-316,Dimensional regulations for multiple purpose districts, changes to the dimensional regulations for multiple purpose districts,addition of a column in the dimensional regulations table for the UC Urban Center, 12.Section 362-322,Use table for industrial districts,changes to the permitted uses in the industrial districts; 13.Section 361.327,Use table for planned unit development districts,changes to thr permitted uses in the planned unit development districts; 14.Section 362-328,Dimensional regulations for planned unit development dis- tricts,changes to the dimensional regulation table; 15.Section 36.2-332,Neighborhood Design Overlay District(ND),changes to de- sign standards of the Neighborhood Design Overlay District; 16.5ection 362-336,Comprehensive Sign Overlay District,change to title refer- ence; 17.Section 361-402,Accessory apartments,removal of code section; 18.Section 36.2-405,Bed and breakfast,homestay,and short-term rental estab- lishments,changes to dwelling naming convention references; 19.Section 36.2-409.1,Dwellings,addition of a design standards for specific dwelling types; 20.Section 362.410,Fences,walls,arbors and trellises,add reference to the UC Urban Center; 21.Section 36.2-411,Gasoline Stations,changes to the design standards for gaso- line stations; 22.Section 36.2-419,Motor vehicle repair or service establishment,addition of a reference for UC Urban Center; 23.Section 36.2-429,Temporary uses,addition of a reference for UC Urban Center; 24.Section 36.2-431,Townhouses and rowhouses,removal of section; 25.Section 362-551,Development plans,generally,changes to dwelling naming convention references; 26.Section 362.552,Basic development plans,changes to dwelling naming con- vention references; 27.Section 36.2-622,Exempt lighting,changes to dwelling naming convention ref- erences; 28.Section 36.2-644,Overall tree canopy requirements,changes to dwelling nam- ing convention references; 29.Section 36.2-646,Facade planting,changes to dwelling naming convention ref- erences; 30.Section 362-647,Buffering and screening,changes to dwelling naming con- vention references in Table 647-1; 31.Section 362-654,Parking and loading area standards,changes to dwelling naming convention references; 32.Section 36.2-668,On-premises signs,generally,addition of a reference for UC Urban Center in table 668-1; 33.Section 36.2-669,Changeable copy signs and electronic readerboard signs,ad- dition of a reference for UC Urban Center, 34.Section 361-817,Powers and duties,change to title reference; 35.Appendix A,Definitions,additions,removal,and changes to definitions; The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. Emily G.Clark,Secretary,City Planning Commission City Council will hold a public hearing on the aforesaid matters on Monday,March 18,2024,at 7:00 p.m.,or as soon thereafter as the matters may be heard in the City Council Chamber,Fourth Floor,Room 450,Noel C.Taylor Municipal Building, 215 Church Avenue SW,Roanoke,Virginia.AR 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 Up Form to Speak Before Council"on the left of the screen.Sign up forms must be received by noon on March 18,2024. 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 con- tact the Office of the City Clerk at(540)853-2541. Cecelia F.McCoy,CMC,City Clerk 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 interpretacibn sin costo por todas citas publicas,previa solicitud.Si usted desea solicitar un intt rprete,haganoslo saber con al menos 24 horas de antelacidn por Ilamar(540)853-1283. Jiji la Roanoke linatoa huduma ya ukalimani bila malipo katika mikutano yote ya umma,inapoombwa.lwapo ungependa kuomba mkalimani,tafadhali tujulishe angalau sea 24 kabla kwa kupiga simu(540)853-1283. 777 71777 77 7777,77777,7777 717 77777 77777 7777 777 77777 777777 77777 77 777771 77 77777 77/7171 77 7177717 777771 77777 771777 77777 77777 24????77???7777 7777 77 77777 777777 853. 1283(540)n????11777 77 77777 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, March 8, 2024. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Planning Commission will hold a public hearing on March 11, 2024, at 1:30 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. The applications are available for review online at https://roanokeva.gov/2019/Commissions or may be obtained digitally by emailing planning@roanokeva.gov. All persons wishing to address the Planning Commission must sign-up with the Secretary to the Planning Commission by emailing planning@roanokeva.gov or by calling(540)853-1730 no later than three business days before the public hearing. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning@roanokeva.gov no later than three business days before the public hearing. Application by 1729 Patterson Avenue LLC to rezone the property located at 1729 and 0 Patterson Avenue SW; bearing Official Tax Map Nos. 1212309 and 1212310 (respectively), from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, subject to the Development Plan that specifies uses, location of buildings and infrastructure, site access, and building design. The land use categories permitted in INPUD include residential; accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory, with the maximum density as specified on the Development Plan. The comprehensive plan designates the property for mixed use. The proposed use is group care facility, halfway house, and other uses as noted on the PUD plan. Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke(1979), as amended, by amending and reordaining, adding, or deleting the following code sections to remove barriers for the creation of affordable housing, to make the zoning code consistent with state code, to create an additional zoning district(UC Urban Center), and to make changes to the use tables for residential, multiple purpose, industrial, and planned unit development districts; such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted: 1. Section 36.2-100, Title, changes title to "zoning code"; 2. Section 36.2-105, Rules of interpretation and construction, changes to construction of language; 3. Section 36.2-201, Establishment of districts, changes to the naming convention of zoning districts; 4. Section 36.2-205, Dimensional regulations, changes to dwellings permitted on a lot, changes to lot frontage requirements; 5. Section 36.2-300, Purpose, changes to purpose statement; 6. Section 36.2-310, Purposes of the residential districts, changes to the purpose statements of the residential districts; 7. Section 36.2-311, Use table for residential districts, changes to the permitted uses in residential districts; 8. Section 36.2-312, Dimensional regulations for residential districts, changes to the dimensional regulations for residential districts; 9. Section 36.2-314, Purposes of the multiple purpose districts, changes to the purpose statement of the MX, Mixed Use District, addition of a purpose statement for the UC Urban Center; 10. Section 36.2-315, Use table for multiple purpose districts, changes to the permitted uses in the multiple purpose districts, addition of a column in the use table for the UC Urban Center; 11. Section 36.2-316, Dimensional regulations for multiple purpose districts, changes to the dimensional regulations for multiple purpose districts, addition of a column in the dimensional regulations table for the UC Urban Center; 12. Section 36.2-322, Use table for industrial districts, changes to the permitted uses in the industrial districts; 13. Section 36.2-327, Use table for planned unit development districts, changes to the permitted uses in the planned unit development districts; 14. Section 36.2-328, Dimensional regulations for planned unit development districts, changes to the dimensional regulation table; 15. Section 36.2-332, Neighborhood Design Overlay District (ND), changes to design standards of the Neighborhood Design Overlay District; 16. Section 36.2-336, Comprehensive Sign Overlay District, change to title reference; 17. Section 36.2-402, Accessory apartments, removal of code section; 18. Section 36.2-405, Bed and breakfast, homestay, and short-term rental establishments, changes to dwelling naming convention references; 19. Section 36.2-409.1, Dwellings, addition of a design standards for specific dwelling types; 20. Section 36.2-410, Fences, walls, arbors and trellises, add reference to the UC Urban Center; 21. Section 36.2-411, Gasoline Stations, changes to the design standards for gasoline stations; 22. Section 36.2-419, Motor vehicle repair or service establishment, addition of a reference for UC Urban Center; 23. Section 36.2-429, Temporary uses, addition of a reference for UC Urban Center; 24. Section 36.2-431, Townhouses and rowhouses, removal of section; 25. Section 36.2-551, Development plans, generally, changes to dwelling naming convention references; 26. Section 36.2-552, Basic development plans, changes to dwelling naming convention references; 27. Section 36.2-622, Exempt lighting, changes to dwelling naming convention references; 28. Section 36.2-644, Overall tree canopy requirements, changes to dwelling naming convention references; 29. Section 36.2-646, Façade planting, changes to dwelling naming convention references; 30. Section 36.2-647, Buffering and screening, changes to dwelling naming convention references in Table 647-1; 31. Section 36.2-654, Parking and loading area standards, changes to dwelling naming convention references; 32. Section 36.2-668, On-premises signs, generally, addition of a reference for UC Urban Center in table 668-1; 33. Section 36.2-669, Changeable copy signs and electronic readerboard signs, addition of a reference for UC Urban Center; 34. Section 36.2-817, Powers and duties, change to title reference; 35. Appendix A, Definitions, additions, removal, and changes to definitions; The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. Emily G. Clark, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on Monday, March 18, 2024, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. 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 Up Form to Speak Before Council" on the left of the screen. Sign up forms must be received by noon on March 18, 2024. 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 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. . )IiS )lu&l �61-i-1 l jys,cs 09Oc c=11--_i a.aa Ls1,),3 `49'9..) �&y (540) 853-1283 vs"P 0)1 ", L`s:.) J4�L 24 J9i.1.ti i , I L,„Is Please publish in newspaper on Monday, March 4, 2024, and Monday, March 11, 2024. Please bill and send affidavit of publication by USPS and via email to: 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 emi l y.cl ark(&,,ro anok eva.go v IN THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA The 18th day of March 2024. No. 42902-031824. AN ORDINANCE amending and reordaining Section 36.2-100, Title; Section 36.2-105, Rules of interpretation and construction; Section 36.2-201, Establishment of districts; Section 36.2-205, Dimensional regulations; Section 36.2-300,Purpose; Section 36.2-310,Purposes of the residential districts; Section 36.2-311, Use table for residential districts; Section 36.2-312, Dimensional regulations for residential districts; Section 36.2-314, Purposes of multiple purpose districts; Section 36.2-315,Use table for multiple purpose districts;Section 36.2-316,Dimensional regulations for multiple purpose districts; Section 36.2-322, Use table for industrial districts; Section 36.2-327,Use table for planned unit development districts;Section 36.2-328,Dimensional regulations for planned unit development districts; Section 36.2-332, Neighborhood Design Overlay District (ND); Section 36.2-336, Comprehensive sign overlay district; Section 36.2-402, Accessory apartments, Section 36.2-405, Bed and breakfast, homestay, and short-term rental establishments; Section 36.2-409.1, Dwellings; Section 36.2-410, Fences, walls, arbors, and trellises; Section 36.2-411, Gasoline stations; Section 36.2-419, Motor vehicle repair or service establishment; Section 36.2-429,Temporary uses; Section 36.2-431,Townhouses and rowhouses; Section 36.2-551, Development plans, generally; Section 36.2-552, Basic development plans; Section 36.2-622, Exempt lighting; Section 36.2-644, Overall tree canopy requirements; Section 36.2-646, Façade planting; Section 36.2-647, Buffering and screening; Section 36.2-654, Parking and loading area standards; Section 36.2-668, On-premises signs, generally; Section 36.2-669, Changeable copy signs and electronic readerboard signs; Section 36.2-817, Powers and duties, Appendix A, Definitions; of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, for the purposes of amending and reordaining the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens and consistent with state law and the City's comprehensive plan; and dispensing with the second reading of this ordinance by title. WHEREAS, since the adoption of the current zoning code in 2005, City Council has adopted 19 amendments to ensure the code remains a relevant tool for implementing the comprehensive plan. This update will be the second substantial update to the zoning ordinance since the adoption of City Plan 2040 in December 2020; WHEREAS,Roanoke's residential zoning districts cover just over half of Roanoke's land area(14,600 acres). Most of those districts are exclusionary because they permit only one type of housing by-right. These exclusionary districts cover 13,319 acres, or 91% of our residentially zoned land; WHEREAS, localities across the United States are working to repeal exclusionary zoning for two compelling reasons: First, because exclusive single-family districts have constricted the housing supply by excluding other housing types, in turn contributing to a crisis level national housing shortage; and second, because exclusionary zoning is a persisting legacy of racial and economic segregation; WHEREAS, these proposed amendments were developed by planning staff, guided by priority and action items highlighted in City Plan 2040; WHEREAS, the basis for these changes are rooted in the City's comprehensive plan, City Plan 2040; WHEREAS, for the proposed amendments to: (a) Regulate Dwellings as a land use, (b) Reclassify Dwelling Types, (c) Define Household to include Family and Nonfamily Living Arrangements, and (d) Ensure the City uses remaining land efficiently, Planning staff considered the polices of City Plan 2040 to: (1) Identify and remove barriers to housing choice, (2) Develop varied and affordable housing options in each neighborhood, (3)Enable affordable and accessible housing options in all neighborhoods, and (4) Enable a range of housing types in each part of the community to achieve inclusive, livable neighborhoods that prosper over time; WHEREAS, for the proposed amendments to: (a) Simplify various Group Care Facility types into a single Group Living land use, and(b)Replace Transitional Living Group Care Facility with small scale Community Housing Services and larger scale Regional Housing Services, Planning staff considered the polices of City Plan 2040 to: (1) Remove legal elements of institutional or structural bias, (2) Lead community healing, (3) Provide supportive interventions strategically, (4) Understand the connection between finances, housing, and literacy in order to remove barriers for vulnerable people like veterans, formerly incarcerated people, and people recovering from addiction, and(5) Enable a range of housing types in each part of the community to achieve inclusive, livable neighborhoods that prosper over time; WHEREAS, Planning Staff, the Planning Commission, and City Council considered the impacts the proposed text amendments would have on population growth, infrastructure, schools, transportation options,demand on public water or sanitary sewer services,traffic on public streets, and furthering the intent of the City's Comprehensive Plan; WHEREAS,Planning Staff,the Planning Commission,and City Council considered public comments that addressed: past zoning codes creating blight and this proposal reducing blight, not enough public outreach, this proposal bringing uncertainty for neighborhoods that may cause homeowners to leave, support for removing discriminatory language, concern that the increased property values from this proposal may encourage demolition and rebuilding, this proposal bringing needed housing units for the over 50% of renters struggling with housing affordability, 2005 downzoning not bringing beneficial change to neighborhoods and this proposal allowing the creation of needed housing, and great community outreach; WHEREAS, coming off the heels of the Comprehensive Plan update, City Plan 2040, the proposed text amendments were major themes of that plan and were thoroughly discussed during the 21/ year planning process within the community. The plan was a well-vetted document with specific action items prescribed. The proposed zoning changes will continue a major step of plan implementation; WHEREAS, in the fall of 2023, to set the stage and start more focused engagement, staff held 6 open house sessions at all of our libraries to communicate our housing issues and ideas for removing barriers to housing development. Staff created an online survey as another opportunity for input. Planroanoke.org was a page dedicated to information about zoning reform; WHEREAS, following the input sessions, planning and zoning staff began to look at options for barrier removal presented above; WHEREAS,with definitive proposals to present,planning and zoning staff hosted another round of open houses for community engagement at all six library locations and hosted one public meeting virtually. The first round presented the concepts and issues the amendments would be designed to address; WHEREAS, staff used feedback from these sessions to craft specific amendments; WHEREAS,once specific changes were developed, staff briefed City Council on February 5,2024, and went back through another round of open house sessions,plus a virtual session. In all there were 13 meetings held to discuss the zoning reform proposals; WHEREAS, staff briefed the Planning Commission on its progress with the proposed amendments in multiple work sessions on February 9, 2024, and March 8, 2024; WHEREAS, the Planning Commission initiated consideration of the proposed amendments by motion at its regular meeting on February 12, 2024; WHEREAS, a public hearing on the proposed text amendments was held by the Planning Commission on March 11, 2024, after providing notice as required by law; WHEREAS, the Planning Commission discussed: great community outreach, anticipated additional housing units from this proposal resulting in approximately 50 units per year,the desire for a citywide impact study of this proposal, residential density bringing additional positive uses to neighborhoods and increasing property values, density of housing increases historically being positive within our community, and this proposal meeting goals within City Plan 2040 of a walkable city, equity, and improving transit; WHEREAS, following conclusion of the public hearing and deliberation on March 11, 2024,the Planning Commission recommended the proposed text amendments; WHEREAS, a public hearing on the proposed text amendments was held by City Council on March 18, 2024, after providing notice as required by law; and WHEREAS, City Council finds that public necessity, convenience, general welfare, and good zoning practice require adoption of the proposed text amendments as advertised. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained,to read and provide as follows: Sec. 36.2-100. Title. This chapter shall be known, cited, and referred to as the "zoning ordinance code" and shall include all provisions contained herein, together with the City's zoning map. ** * Sec. 36.2-105. - Rules of interpretation and construction. *** (c)_General construction of language. * ** (9) Where amendments to use names or definitions are made, the amended meaning shall be applied to older terms that remain in the zoning code (e.g., a single-family dwelling means a one dwelling building, two dwelling building means two-family dwelling, and so on). * ** (f)Zoning district boundaries. ** * (2) In case of annexation to the City, or in case property comes into the territorial jurisdiction of the City other than by annexation, the regulations applying to the R-12, Residential Single Family District, shall apply to all such annexed or new territory pending an amendment of this chapter. * * * Sec. 36.2-201. - Establishment of districts. In order to carry out the purposes of this chapter, the City of Roanoke shall be divided into zoning districts as established below: (a)_Base districts. The following base zoning districts are hereby established: (1) Residential zoning districts: • Rc4�idot'r. • C•nnlo mil —v-riii' • • 'on}' I C'nnl C m'I fl'c#rir# ads �ingl y District(R 5) Re . l Mi ed none#„ istrict (RM 1) Resident M' ed amity District (RM 2) RA Agricultural District R-12 Residential District R-7 Residential District R-5 Residential District R-3 Residential District RM-1 Residential District RM-2 Residential District RMF Residential District (2) Multiple purpose zoning districts: Mixed-Use District (MX) istrict(CN) Commercial Large Site D trict (Cl S) Downtown District(D) I Irh n Flc Di trict MX Mixed Use District CN Commercial-Neighborhood District CG Commercial-General District CLS Commercial-Large Site District D Downtown District IN Institutional District ROS Recreation and Open Space District OF Urban Flex District UC Urban Center District * * * Sec. 36.2-205. Dimensional regulations. * * * (b) Density. Dwellings permitted on a lot. (1)When using minimum lot area for each dwelling lot, any fractional dwelling count shall be equal to zero dwelling units. (2)Any lands normally submerged under water shall not be included in computing the allowable number of dwelling units for any lot. • imum number of total ** * (d) Lot frontage. • • (5)(4) In addition to the lot frontage required by the applicable zoning district, all structures shall be located on lots so as to comply with any adopted ordinances of the City relating to public service and fire protection. (i)Yards—Corner lots and through lots. (B) In the MX, CN, CG, D, IN, an-.21-UF, and UC Districts, the primary front yard shall be established according to Section 36.2-319. (2) Corner lots having more than two (2) street frontages shall provide a front yard for each frontage: (B) In the MX, CN, CG, D, IN, and UF, and UC Districts, two (2) maximum yards shall be established according to Section 36.2-319. * * * (3)Through lots shall provide a front yard for each frontage: (B) In the MX, CN, CG, D, IN, and UF. and UC Districts, the primary front yard shall be established according to Section 36.2-319 and shall be provided with the minimum and maximum depths of the district or as determined by Section 36.2-313, as applicable. The other front yard shall be subject to only the minimum front yard depth required by the district. Sec. 36.2-300. Purpose. The purpose of this article is to establish use, dimensional requirements, and other special requirements; 'ons for each zoning district. Sec. 36.2-310. Purposes of the residential districts. *** (b) The purposes of the R-12, R-7, R-5, and R-3, and RM-1 -dDistricts are to_pretcst-residential Reighlaochaaelsrto provide a range of housing options. , housing types on corner lots. Choicc&and to provide opportunities for compatible home-based entrepreneurship., rontages, building . Dimensional and supplemental regulations implement standards that control building form -building placement;and other characteristics of development.These predominantly single unit dwelling districts cover the l.lhi majority of the City's land area and contain most of Roanoke's housing supply. n!1 r �cncr a . mapped in ereat where dw..Iin s are the dominant land use. (c) The purpose of the RM 1 and RM-2 district is to provide for all housing types with an emphasis on townhouses, cottage courts, and apartment buildings. Districts is to multi unit dwellingsallow for a • • • • • • • . 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Z 0 \ c ? / / » E • / \ \ ( • ( ft 0 .- C ® _ / c / 55 \ \ I / = 2 _ I f / » ? \ % f as c® _ _ ° _o - s E s 5 = = E0E E x o n . a c o e ¥ E = E e 5 f \ // / / \ ® 7 \ \\ § ? a a E E / E % _ - 5 £ e E ® ® u ' \ n / a \ O \ \ e \ \\ /5 > o E m c \ E . ' e E .E / E ° » \ \ > / 8 2 7 § $ ® 6 a / / » ' � ° _ E ER ,,,f f > ± _ / 2 & o E ± E .g .§ - ± % co : E `" co -o -0 2 E / ® ± CO / S - ° / y ± \ 9 9 § § ° @ ' = e C % e o \ ? 2 ° ° b E b / .- = o ± 3 a 5 5 ƒ \ ; E B 2 > ® 5 « E c o o = o s c _ _ o = > ._ e s ._ ._ 3 n ® e ® S 5 § 9 E E 2 5 2 = o e E 3 ._ ._ _ _ 2 n m ' ( g 2 } ••- 9 / / k ƒ / / / \ / ƒ ƒ ƒ / / \ \ G \ « d 3 % / / / 7 ccip 0 • E / G - \ CU - - o / • .- co 3 o c ro S ± a \ q / e $ = % k f \ \ E a) x \ o •- co L. \ ? u E cu 7 ± E \ co \ - % u U c / o Cl.) • 'E \ e ) ' c •- .7 \ u E \ } § \ 2 \ ® >. \ -0 \ 2 & E \ § k / 2 / F e . - • _o u CC . \ t % a \ 2 o GI c / E £ - 2 0 \ $ \ % £ e E / \ E e -o '5 \ \ 'X / / C -0 C c / \ o — k E 0 •/ o_ .c k c \ ¢ z / £ ._ a) = ,_ \ E '2 u 73 § ƒ / / ƒ \ - \ u - 3 / 4 % - 73 CO E \ 2 n m , a ® = 2 \ u,--- e / e » E j E m t 0 $ ° E 0 = E E S cu S E / f $ ^ - ' n t co = - o u % E a .E_ 0 C E 2 % < ƒ 2 E / \ f 4 < / / Sec. 36.2-332. Neighborhood Design Overlay District (ND). (c) Design standards. In considering an application for a zoning permit, the Zoning Administrator shall apply the following standards for construction of, an addition to, or the exterior modification of a dwelling in the ND: (1) Building location and massing: (A) n n rlic#rist z-m-rmcfa-rw....... (S}—The width of single one dwelling and two dwelling buildings family andAwo-family dwel-l-ings shall be within 25 went" 2Q)percent of the average of the widths of such buildings on the same side of the same block. The front of _(43B)Where lots on both sides have dwellings, the height of the foundation facing the street shall be no more than 40 twenty(20) percent greater than the height of the tallest below the height of adjoining foundation and shall be no less than 40 twenty(20) percent the shortest adjoining foundation.Where a dwelling exists only on one(1)side, the foundation height shall be within 40 twenty(20)percent of the height of that adjoining dwelling. elling meets the standards for accessibility document A117.1 2009 Accessible and Usable Buildings and Facilities, the height of the Such measurements shall be taken at comparable locations on the respective foundations (i.e., left side, right side).There is no foundation height requirement where no dwellings exist on either adjoining lot. ** * (3) Entrances and windows: (A) The dwelling shall have at least one(1)entrance facing the primary front yard. The number of doors facing the primary front yard shall be limited to one(1) door for every 18 Steen (18)--feet of dwelling width. • One and two dwelling buildings may have two entrances facing the primary front yard regardless of dwelling width if the second entrance is recessed at least six(6)feet behind the main front entrance. (B Doors facing a street shall have panel insets or windows. openings. At least ten (10) percent of the side of a dwelling which is not the front of the side-of-the dwelling Page 36 of 57 (BD) Windows on the front façade shall have a height that is at least 1.5 one and one half(11/2) times their width. (E) Windows on the front of the dwelling shall be arranged in a manner that is compatible with that of other dwellings in the district. In general, windows on separate stories of the front should be vertically aligned and windows on the same story should be horizontally aligned. (SC) All stairs facing a required front yard shall have solid risers. (HD)A sidewalk at least three(3)feet in width shall be provided between the front porch of a new dwelling and the street. The sidewalk shall be constructed of an impervious material customarily used for sidewalks in the district. (4) Siding and trim: (A) The siding of any dwelling, exclusive of trim materials, shall not be oriented vertically. (B) Windows and doors shall be surrounded by trim which is at least 3.5 three and one half (3/4)-inches wide, except for dwellings with masonry veneer, in which case no trim around doors or windows is required. However, an addition to or modification of an existing dwelling shall not be required to have window and door trim that is wider than that of the existing dwelling. (C) Vertical corner boards at least 3.5 three and one half(3'/2) inches wide shall be provided on all dwelling corners, except where the dwelling has a masonry veneer. (D) Any exterior wooden elements on a dwelling's fagade facing a required front yard shall be painted or be stained with an opaque stain. (5) Porches: (A) One dwelling and two dwelling buildings Single family and_ shall have a front porch at least one-half(4)-the width of the dwelling's façade, and having a depth of at least six(6)-feet. The front porch shall face the primary front yard. (B) For new and existing dwellings, the front porch shall not be enclosed with siding. (C) Front porch railings shall have a top and bottom rail. Baluster ends shall not be exposed. (D) Front porch columns shall be uniform in shape and style and be at least five(5) inches wide at their bottom and top. Front porch columns shall have a base and cap that are at least one(1) inch thick and are at least 120 on " ndre3 +--e• t ;"") percent of the width of the column. (E) The underside of front porches and stairways between pier supports shall be enclosed. (6) Garages and additions: (A) An attached or detached garage or carport shall be offset at least 24 twenty four(24) inches behind the front façade of the dwelling. Bay doors facing a street shall have panel insets or windows. An attached garage shall not make up more than 33 thirty three(33) percent of the front façade of the dwelling. (B) An addition to an existing dwelling shall be located on the rear or side of the dwelling, except a porch constructed in accordance with Section 36.2-332(c)(5) may be added to the front of the dwelling. An addition to the side of a dwelling shall be set back from the dwelling's front face by 24 twenty four(24) inches or more.When an existing dwelling does not have a front porch, an addition may be constructed on the front of the dwelling if it includes a front porch constructed in accordance with Section 36.2-332(c)(5). Sec. 36.2-336. - Comprehensive Sign Overlay District. ** * (d) Procedural requirements. (1)A request to establish and apply a Comprehensive Sign Overlay District to a specific property or contiguous properties may be initiated by application of the property owner, contract purchaser with the owner's written consent, or the owner's agent in order to provide alternative sign regulations than would otherwise be required by this chapter. Such a request shall be considered an amendment to the zoning erd+na-rise-code and Official Zoning Map, and review and approval shall be subject to the amendment requirements as set forth in Section 36.2-540. If a Comprehensive Sign Overlay District is established, the sign limitation established by that overlay district shall govern. * * * • • • • • aesesiated ar}d • • • • ** * Sec. 36.2-405. Bed and breakfast, homestay, and short-term rental establishments. ** * (b) Standards for bed and breakfast establishments in residential districts. (1) Such establishments shall be located on a lot on which a one dwelling building single family dwelling is the principal use, although such establishments may be located within either the principal structure or an accessory structure, or both. *** (3)The owner of the one dwelling building • occupied by the bed and breakfast establishment shall reside in the dwelling. *** (7) Only accessory uses or structures which are incidental and subordinate to a one dwelling building • shall be permitted in conjunction with a bed and breakfast establishment. Page 38 of 57 36.2-409.1. Dwellings.These regulations for various dwelling types prescribe the form, location, and orientation of buildings containing dwellings in order to provide for compatibility within the context of neighborhood settings. a) Accessory dwellings. These standards are intended to regulate number and size of accessory dwellings to ensure they are subordinate to the principal one dwelling use to which it is accessory: 1) One accessory dwelling may be established on a lot containing a new or existing one dwelling building. An accessory dwelling is not subject to minimum lot area requirement for each dwelling nor the maximum number of dwellings per lot. 2) An accessory dwelling located in a detached accessory building shall be limited to 800 square feet or 80 percent of the gross floor area of the principal dwelling, whichever is less. The accessory building may contain other uses and shall otherwise be subject to the size and placement standards of 36.2-403. 3) The floor area of an accessory dwelling located within a principal building shall be no more than 40 percent of the gross floor area of the building. An exterior stairway or additional entrances, if created, shall be located on facades other than the primary facade. b) Cottage Courts.A cottage court development is a grouping of attached or detached dwellings arranged and oriented toward an interior courtyard rather than toward a street frontage. Such development is appropriate for an interior or through lot subject to these standards: 1) Any single building facade facing a primary street shall be 35 feet wide or less. 2) Permitted only on a lot with a minimum lot area of 7,000 square feet. 3) At least two buildings shall meet the maximum yard requirement of the district. 4) Window or door openings shall constitute at least 15 percent of facades facing the street frontage. 5) Limited to two stories. 6) Dwelling units have a maximum gross floor area of 1,000 square feet. 7) Buildings may be located on unit lots within a zoning lot. 8) At least 20% of the lot area shall be dedicated to a central courtyard. Each dwelling shall have a doorway fronting on the courtyard. Such courtyard shall have no motor vehicle access. 9) Any garage bay door facing a primary street shall be offset at least 24 inches behind the front facade of the dwelling and the front door. An attached garage shall not make up more than 33 percent of the front facade of the dwelling. c) One and two dwelling buildings.These buildings are always oriented toward a street frontage.The following standards are provided to ensure compatibility with existing neighborhood contexts: 1) The primary façade width of one and two dwelling buildings shall be within 25 percent of the average of the widths of such buildings on the same side of the same block. 2) Any garage bay door facing a primary street shall be offset at least 24 inches behind the front facade of the dwelling and the front door. An attached garage shall not make up more than 33 percent of the front facade of the dwelling. 3) Window and door openings shall constitute at least 15 percent of the primary facade and at least 10 percent of a secondary facade on a corner lot. 4) Where permitted by the district, a lot may contain multiple one or two dwelling buildings. Page 39 of 57 d) Single-facade apartment buildings. New and converted buildings oriented in a single mass with one primary facade, and containing three to eight dwellings, shall be subject to these standards: 1) The maximum width of the principal façade of the building shall be 120 percent of the average widths of other dwellings on the same side of the same block. 2) The building shall have one entrance facing the primary front yard. No additional entrances shall face the primary front yard unless recessed at least four feet behind the primary building facade. 3) Window and door openings shall constitute at least 15 percent of the primary façade and at least 10 percent of a secondary facade on a corner lot. 4) The front façade shall contain a front porch at least one-half the width of the building width and at least eight feet in depth. 5) An addition to an existing building shall be located on the rear or side of the building, except a porch may be added to the front of the dwelling. An addition to the side of a dwelling shall be set back from the dwelling's front face by 24 inches or more. 6) No garage door may face a primary street frontage. e) Multiple facade apartment buildings. New and converted buildings having a shape with multiple primary facades, and containing three to eight dwellings, shall be subject to these standards: 1) Each facade within the primary front yard shall not exceed 120 percent of the average widths of other dwellings on the same side of the same block. Such facades shall be separated by at least 20 feet. 2) Window and door openings shall constitute at least 15 percent of the primary façades and at least 10 percent of a secondary facade on a corner lot. 3) An addition to an existing building shall be located on the rear or side of the building, except a porch may be added to any street-facing facade. 4) An addition to the side of a dwelling shall be set back from the dwelling's front face by 24 inches or more. 5) No garage door may face a primary street frontage. f) Townhouse buildings.These standards provide additional controls on the scale, massing, and building placement to encourage compatibility within neighborhood contexts. 1) A row of townhouses in a townhouse building shall be limited to 300 feet or less. 2) The minimum width of a dwelling in a townhouse building is 15 feet. 3) No parking spaces or driveways shall be permitted between a public or private street and any principal building. Exception: Parking and driveways may be located between the street and the building under the following conditions: (i) Each townhouse dwelling is at least 25 feet in width; (ii) The driveway is greater than ten feet wide. (iii) The garage door is no greater than ten feet wide. (iv) Driveways shall be located to minimize curb cuts. (i)(v) Each townhouse dwelling may be located on a unit lot subdivided from the parent zoning lot. 4) Window and door openings shall constitute at least 15 percent of the primary facade and at least 10 percent of a secondary facade on a corner lot. *** Sec. 36.2-410. Fences,walls, arbors, and trellises * ** (b) Fence and wall standards. ** * Page 40 of 57 (3) The maximum height for fences and walls shall be based on the following schedule: Zoning Location on Lot Maximum Height District of Fence or Wall RA, R-12, R-7, R- On a lot with only one (1) lot frontage: 48 inches 5, R-3, RM-1, between the building line and the lot RM-2, RMF, IN, frontage; or MX, MXPUD On a lot with more than one (1) lot frontage: between the building line on which the principal entrance to the building is situated and the lot frontage which it faces On a lot with more than one (1) lot 6 feet frontage: between any building line on which the principal entrance to the building is not situated and the lot frontage which that building line faces Any required side or rear yard 6 feet, except where one (1) of these districts abuts a D, ROS, CN, CG, CLS, I-1, 1-2, IPUD, INPUD, or AD District, maximum height shall be that of the abutting district along that abutting property line D, ROS, CN, CG, Any required yard 8 feet CLS, INPUD, UF, UC I-1, 1-2, IPUD, AD Any required yard 10 feet ** * Sec. 36.2-411. Gasoline stations. ** * and deciduous trees as defined further in Section 36.2 649 shall be placed along the street frontage of the lot or portion of the lot housing the gasoline station. The trees and shrubs shall meet the (c) Any gasoline station shall provide and maintain a street screen or landscaping strip along any adjacent street right-of-way subject to the following requirements: (1) A street screen shall be a minimum height of 30 inches and maximum height of 42 inches, with vertical support posts of metal or masonry spaced at no more than 8 feet on center. Panels between supports shall be metal, masonry, or both. Metal elements shall be painted or coated and of rigid construction, with no members less than 0.25 inch. Exposed concrete block is not an acceptable finish. (2) A landscaping strip shall be of a minimum depth of eight(8)feet shall be planted with a minimum of one (1)evergreen or deciduous shrub, spaced at a rate of no greater than three (3)feet on center and having a minimum height at planting of twenty-four(24) inches, and (3) The storage of motor vehicles within, upon, or in a manner which overhangs any portion of the required landscaping strip shall be prohibited. ** * (f) Standards in the MXPUD District. Any gasoline station located in the Mixed Use Planned Unit Development District(MXPUD), shall be subject to the following standards: Page 41 of 57 (1) The gasoline station shall not exceed 10 percent of the land area of the overall MXPUD zoned property. (2) Any canopy over a gas pump shall be subject to the following standards: (A) Such canopy shall have a maximum overall height not to exceed the principal building height; (B) There shall be no illumination of any portion of the fascia of the canopy; (C) Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site; (D) Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached. (E) Such canopy shall be located no closer than the principal building line to the primary street frontage. Sec. 36.2-419. - Motor vehicle repair or service establishment. *** (b)Additional standards in the CG, CLS, UF, UC, and D District. In addition to the general standards set forth in subsection(a), above, any motor vehicle repair or service establishment in the Commercial- General District(CG), Commercial-Large Site District(CLS), Urban Flex(UF), Urban Center(UC), or Downtown District(D) shall be subject to the following standards: *** Sec. 36.2-429. -Temporary uses. *** Sec. 36.2-429. Temporary uses. (a) Applicability. Authorized temporary uses, including permitted locations, duration, and maximum number per calendar year, and whether or not a zoning permit is required, shall be as set forth in Table 429-1: Table 429-1. Temporary Uses Activity Zoning Maximum Maximum Zoning Districts Duration Frequency per Permit Where Lot Required? Permitted Auction Any district 3 calendar days 1/Calendar Year No Christmas tree RA, CN, CG, CLS, 60 calendar days 1/Calendar Year Yes sales 1-1, 1-2, UF Construction- Any district For duration of Not applicable Yes related activities construction or model home activity or office, Temporary emergency need Government or Public Services Facility, subject to Page 42 of 57 subsection (b), below Fireworks stand, CG, CLS, UF 30 calendar days 1/Calendar Year Yes subject to Section 21-207 of this Code Mobile food and CN, CG, CLS, D, No limitation Not applicable No beverage vending ROS, UF, UC Industrial districts, and PUD districts Outdoor retail CG, CLS, UF 10 calendar days 4/Calendar Year Yes sales, subject to subsection (c), below Portable storage Any district RA, R-12, R-7, R- See maximum Yes containers, 5, R-3, RM-1, RM- duration subject to 2, RMF, MX, subsection (d), MXPUD: below •30 consecutive calendar days, except 60 consecutive calendar days when there is a change of residency in a dwelling unit •Limited to 120 days per calendar year CN, CG, CLS, I-1, 1-2, D, IN, ROS, AD, INPUD, IPUD, UF; UC: •120 consecutive days •Limited to 120 days per calendar year per lot Produce stand RA, CN, CG, CLS, 90 calendar days, Not applicable Yes (not applicable to I-1, 1-2, UF limited to 1 permit community per any 90- markets) calendar day period per lot Public events, CN, CG, CLS, D, 14 calendar days Not applicable Yes subject to IN, ROS, I-1, 1-2, subsection (e), IPUD, INPUD, UF below Public events, Any district Two calendar Two/Calendar No exempt from days Year, with an subsection (e) interval of at least below three months between events Page 43 of 57 Temporary, short- Any District 90 consecutive Once/2 Year Yes term filling, calendar day Period grading or borrow period operation, subject to subsection (f) below Yard or garage Any residential 2 consecutive 2, with an interval No sales, subject to district or dwelling calendar days, of at least 3 subsection (g), unit limited to the months between below daylight hours sales ** * (d) Portable storage containers *** (3) In addition to the general standards set forth in subsection (1) above, portable storage containers in the CN, CG, CLS, I-1, 1-2, D, IN, ROS, AD, INPUD, IPUD, and UF, and UC Districts shall be subject to the following regulations: ** * • shall apply to the entire development site. Dimensional regulations shall not apply to each individual lot or • a townhouse or Sec. 36.2-551. - Development plans, generally. ** * (b) Combination of lots. When a basic or comprehensive development plan involves multiple lots of record, internal lot lines shall be vacated, relocated, or otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision or resubdivision to create a single lot of record. This requirement may be waived by the Zoning Administrator whenever a new building is not being erected across a lot line, and the new construction consists entirely of a fence, a ramp for handicap accessibility, I an addition to an existing one or two dwelling building • • , or an accessory structure whenever the existing dwelling or accessory structure is already located on a lot line. ** * Sec. 36.2-552. - Basic development plans. Page 44 of 57 (a)Applicability. A basic development plan shall be submitted as part of a zoning permit application for the following activities: (1) Construction of, reconstruction of, relocation of, or addition to a one or two dwelling building single- , singlc _ or permitted accessory structure and including associated grading and clearing, where such grading and clearing does not involve adjoining lots; or, (2) Construction of, reconstruction of, relocation of, or addition to a one or two dwelling building single permitted accessory structure and including associated grading and clearing, on any lot within a subdivision with a valid subdivision site plan; or Sec. 36.2-622. - Exempt lighting. The following outdoor lighting shall be exempt from the requirements of this division: * * * (I)_Floodlights mounted on buildings containing one to eight dwellings single _ stwo- s Lprovided that the lighting is mounted to the structure below the eaves or parapet, is designed to provide light in a concentrated distribution rather than a broad distribution of light in all directions, and is aimed, directed or shielded so as not to present glare on abutting lots or streets and to minimize spill light trespassing upward or across lot lines. Sec. 36.2-644. Overall tree canopy requirements. * * * (b) Applicability. (1) This section shall apply to any development that requires submission of a comprehensive development plan or a basic development plan, except that: * * * (B) Construction of an addition to or accessory structure associated with an existing one or two dwelling building • , provided that no required trees are removed as part of the project, shall be exempt from the requirements of this section. Sec. 36.2-646. Façade planting. Buildings Structures containing ' • , dwellings shall be subject to the following landscaping requirements: *** Page 45 of 57 Sec. 36.2-647. - Buffering and screening. ** * Table 647-1. Buffering and Screening of Certain Uses and Activities Activity or Use Location Buffering Minimum or Height Screening Materials Wall of a principal Between the wall and an abutting residential Buffer: None building that district or MXPUD district. Deciduous contains less than trees and 15%transparency evergreen shrubs Base of a retaining Between the wall and an abutting residential Buffer: 18 inches wall 5 or more feet district, multiple purpose district, or PUD district, Evergreen in height within 10 or between the wall and any public right-of-way. shrubs feet of property line Any commercial or Between the location of the activity and any Screen: 8 feet industrial process or abutting residential district, multiple purpose Solid activity occurring district, or PUD district, located within 15 feet of fence or outside of a wholly property line of the abutting lot or lots. wall enclosed building Loading area, bay Between the loading area or loading dock and Screen: 6 feet door, loading dock, any abutting residential district, multiple purpose Solid or truck terminal district, or PUD district. fence, wall, or evergreen tree screen Refuse container Perimeter of the refuse container storage area Screen: 12" above the storage area Exception: Not required where the aggregate Solid height of capacity of refuse containers is less than 0.5 fence or tallest cubic yard wall container Ground-mounted Perimeter of the mechanical equipment that Screen: 6" above the mechanical would otherwise be visible from any street Fence or height of the equipment, more frontage or adjacent property wall with a tallest unit than 36 inches in Exception: Not required where the use is a maximum height of 40% dweH+Rgone or two dwelling building. open area Ground-mounted Perimeter of the mechanical equipment that Option 1 Option 1 6" mechanical would otherwise be visible from any street Fence or above the equipment up to 36 frontage or adjacent property wall with a height of the inches in height Exception: Not required where the use is a single maximum tallest unit or one or of 40% Option 2 18 two dwelling building. open area inches at Option 2 planting Evergreen shrubs Mechanical Perimeter of the mechanical equipment that Screen: 1/2 vertical equipment on roof would otherwise be visible from any street wallFence or with a equipment ht of frontage Exception: Not required in any industrial district maximum from adjacent of 40% street Page 46 of 57 open area. Car wash Between wash bay openings and any abutting Screen: 6 feet residential district, multiple purpose district, or Solid PUD district. fence, solid wall, or evergreen tree screen Commercial motor Between any display or service areas and any Screen: 6 feet vehicle sales or abutting residential district Solid service, new or fence, used, or commercial solid wall, motor vehicle or storage area evergreen tree screen Drive-through Between any speaker and any abutting Screen: 6 feet facilities residential district, where the speaker is directed Solid wall toward the abutting residential district Gasoline stations Between the pumps and canopy and any abutting Screen: 6 feet residential district Solid fence, solid wall, or evergreen tree screen Junkyards, wrecker Perimeter of any area where the storage, Screen: 6 feet yards, and recycling collection, processing or other associated activity Solid centers occurs, and which is not wholly enclosed within a fence or building solid wall, and evergreen tree screen Motor vehicle or Perimeter of any area used to store any visibly Screen: 6 feet trailer painting and damaged or inoperative vehicles Solid body repair fence, solid wall, or evergreen tree screen Motor vehicle repair Perimeter of any area used to store any visibly Screen: 6 feet or service damaged or inoperative vehicles Solid establishment fence, solid wall, or evergreen tree screen Motor vehicle sales Between the display area and any abutting Screen: 6 feet and service residential district Solid Page 47 of 57 establishment, new fence, or used solid wall, or evergreen tree screen Outdoor sports Between the facility and any abutting residential Buffer: None facility district. Deciduous trees Outdoor storage or Between the storage area and any abutting Screen: 6 feet self-storage facility residential district, multiple purpose district, or Solid PUD district. Between the storage area and any fence, residential district, multiple purpose district, or solid wall, PUD district across a street or evergreen tree screen Outdoor storage lot Between the storage area and any abutting Screen: 6 feet residential, multiple purpose district, or PUD Solid district and between the storage area and any fence, residential, multiple purpose, or PUD district solid wall, across a street or Along street frontage when not abutting a evergreen residential, multiple purpose, or PUD district tree across a street. screen Deciduous trees Portable storage Between container storage area and any abutting Screen: 6 feet container as residential district, multiple purpose district, or Solid accessory use PUD district. fence or solid wall Recycling collection Between any receptacle and any abutting Screen: 6 feet point residential district, multiple purpose district, or Solid PUD district. fence or solid wall Towing services Perimeter of any storage area for damaged or Screen: 6 feet inoperative motor vehicles or trailers Solid fence or solid wall Wireless Perimeter of the base of the facility and Screen: 6 feet telecommunications equipment Solid facility equipment fence, solid wall, or evergreen tree screen Wireless Frontage facing a street or side visible from a Buffer: telecommunications public street or visible from an abutting residential Evergreen tower, less than 100 district trees feet in height Wireless Frontage facing a street or side visible from a Buffer: telecommunications public street or visible from an abutting residential Large tower, 100 feet in district deciduous height or greater trees Page 48 of 57 Sec. 36.2-654. Parking and loading area standards. (a) General standards. Parking and loading areas shall be subject to the following general requirements: ** * (4) Parking and loading areas shall be so designed as not to require or permit maneuvering to and from a street to access or exit a parking space, except such maneuvering to and from a street shall be permitted on a lot containing buildings with eight or fewer dwellings. *** Table 654-1. Parking and Loading Area Standards Standards for lots containing Standards for all other uses and buildings with eight or fewer zoning districts dwellings single family townhouses with up to 4 dwc nits in a single st ct re on ingle parcel � a r townhouses with individual Material Standards: All parking areas, loading areas, Improved surface required Improved surface required driveways and loading spaces, No curbing required Curbing around all loading areas excluding parking structures Exceptions: and all parking areas with 7 or Concrete runners with vegetated more spaces, including any center and edge strips (ribbon interior islands driveway) Exceptions: Gravel permitted behind building Gravel permitted: 1) behind line where access is off an alley building line where access is off Gravel permitted for all parking an alley, 2)fleet storage, and loading areas in RA District commercial vehicle storage, or 3) any area in an ROS District Curb not required where LID approach is used for stormwater management Parking structures and garages Exterior driveways as above. Exterior driveways as above. Interior construction in Interior construction in accordance with the Uniform accordance with the Uniform Statewide Building Code. Statewide Building Code. Location Standards: Driveway/parking area location Predominantly located toward 1 Parking area prohibited between relative to principal structures side of the principal structure. right-of-way and principal Parking spaces shall not be building line. located within the middle third of Exception: the front façade, exclusive of Lots in CG District with less than garages. Page 49 of 57 Exception: 100 feet of frontage, and CLS, (- Circular driveways 1, 1-2, AD Districts Townhouses as required by Section 36.2-431-409.1 Minimum distance between 20 feet 40 feet driveway entrance/exit and a street intersection Setbacks, any property line None 5 feet 5 feet • abutting a street Exception: Not applicable to a parking area where a street screen is used. driveways • horn treet reen i iced Dimensional Standards: Front yard coverage: Maximum 30 percent of the lot area No maximum area of driveways and parking between the right-of-way and areas in established front yard the building line Exception: The maximum area specified shall not apply to any areas where a permeable paver system is used. Width: Cumulative width of all Cumulative width of driveway Cumulative width of driveway driveway entrances at frontage entrances shall not exceed 30 entrances shall not exceed 30 percent of the lot frontage percent of the lot frontage Exceptions: Exception: 10 feet minimum width for all 18 feet minimum width for all lots lots The maximum area specified shall not apply to any areas where a permeable paver system is used. Width: Minimum individual 7 feet R-12, R-7, R-5, R-3, R-A, RM-1 driveway width (applies between One way: 10 feet right-of-way and building line) Two way: 18 feet RM-2, RMF, all multiple purpose districts One way: 12 feet Two way: 15 feet Industrial Districts One way: 12 feet Two way: 18 feet Width: Maximum individual 20 feet or half of the front lot line R-12, R-7, R-5, R-3, R-A, RM-1 driveway width (applies between length, whichever is less One way: 12 feet right-of-way and building line) Exceptions: Two way: 24 feet For lots having a primary street frontage of 90 feet or greater, RM-2, RMF, all multiple purpose the maximum width shall be 30 districts feet. One way: 15 feet Maximum driveway width shall Two way: 24 feet not apply to any areas where a Industrial Districts 50 permeable paver system is One way: 18 feet used. Two way: 30 feet Maximum cross slope where a 2 percent 2 percent driveway crosses a sidewalk Operational Standards: Pedestrian access required per No No § 36.2-654(c) Exception: Requirement applies to CG and CLS Districts Unobstructed access from Yes Yes parking spaces to Exception: driveway/drive aisle Does not apply to one or two dwelling buildingssingle family dwelli s Parking space dimensional 9' x18 area for each required Table 654-2 for required parking standards parking space provided, Exception: adequate maneuvering space Parking structures from parking space to driveway/drive aisle Exception: Garages Special Provisions for Corner and Through Lots(provisions apply to all frontages unless otherwise listed below): Corner lots Material: Gravel permitted Material: Gravel permitted behind building line of the behind building line of 2 facade with the principal frontages when access is from entrance and 1 intersecting an alley. street/building line when access is from an alley. Location: Standards apply to all frontages with the exception of Location: Driveway/parking area parking between a building and location relative to principal the right-of-way. This structures requirement applies requirement applies as follows: only to the facade of the principal structure containing the CN, CG, D, UF, UCs IN, and MX principal entrance to the building Districts: Applies to both and 1 intersecting frontage. The frontages where the maximum location of parking spaces shall front yard is met. be located predominantly to the All residential districts: Applies side of the combined to 1 front yard, where maximum intersecting facades. front yards apply; standard shall apply to 1 of the front yards Dimensional:Width standards where the maximum front yard apply to all frontages. Lot is met. coverage standards apply to frontage of principal entrance Dimensional: Apply to all and 1 intersecting frontage. frontages. Through lots Location: Standards apply to all Location: Standards apply to all frontages with the exception of frontages with the exception of location relative to principal parking between principal structures.This requirement structures and the right-of-way. applies only to the frontage of This provision applies only to 1 the structure with the primary frontage and shall be the entrance. frontage where the maximum front yard is met where Dimensional standards: maximum front yards apply. 51 Minimum and maximum driveway width standards do not apply between the structure and the minimum front yard for the frontage that does not contain the primary entrance to the structure. The maximum area of driveways and parking areas in established front yard standard does not apply to the front yard that does contain the primary entrance to the structure. (d) Maximum driveway widths as set forth in Table 654-1 may be exceeded in accordance with the following provisions: *** ngle fam i d•ell•n^ (3) For lots containing a one dwelling building ��with a garage, an increase in the maximum driveway width shall be permitted to allow the required flaring for motor vehicles to enter the driveway. ** * Sec. 36.2-668. -On-premises signs, generally. Table 668-1. Type, Number, and Size of On-Premises Signs District Type Maximum Maximum Sign Maximum Maximum Permitted Permitted Number of Area Sign Area Height Characteristics Signs RA, R- None Not Applicable Not Applicable Not Not Not Applicable 12, R-7, Applicable Applicable R-3, None Not Applicable Not Applicable Not Not Not Applicable RM-1 Applicable Applicable RM-2, Freestanding 1 sign 25 sf 25 sf per 6 ft Identification RMF structure per sign sign only lot frontage structure Building- 25 sf 25 sf Not mounted Applicable MX, CN, Freestanding 1 sign 0.5 sf per If of 32 sf per 6 ft Illuminated IN, structure per lot frontage sign Changeable ROS, frontage structure copy. OF Building- None 32 sf plus 0.5 None Not Electronic mounted sf per If of Applicable readerboard building face permitted in or storefront CN and IN over 32 If, plus additional area per§ 36.2-677 CG Freestanding 1 sign 1 sf per If of lot 100 sf per 25 ft Illuminated structure per frontage sign Changeable frontage structure copy Building- None 32 sf plus 1 sf None Not Electronic mounted per If of Applicable readerboard 52 building face or storefront over 32 If, plus additional area per § 36.2-677 Upper-story None 10% of facade None Not Illuminated area, Applicable maximum 300 sf CLS Freestanding 1 sign 1 sf per If of lot 150 sf per 25 ft Illuminated structure for frontage sign Changeable first 200 linear structure copy feet of lot Electronic frontage. 1 readerboard additional sign for each additional 200 feet of lot frontage up to 4 signs Building- None 32 sf plus 1 sf None Not Illuminated mounted per If of Applicable Changeable building face copy or storefront Electronic over 32 If, plus readerboard additional area per§ 36.2-677 Upper-story None 10% of facade None Not Illuminated area, Applicable maximum 300 sf D J : Freestanding 1 sign 0.5 sf per If of 32 sf per 6 ft Illuminated structure per lot frontage sign Changeable frontage structure copy Public service message board Electronic readerboard Building- None 32 sf plus 1 sf None Not Illuminated mounted per If of Applicable Changeable building face copy or storefront over 32 If, plus additional area per§ 36.2-677 Upper-story None 10% of facade None Not Illuminated area, Applicable maximum 300 sf I-1, 1-2, Freestanding 1 sign 0.5 sf per If of 125 sf per 16 ft Illuminated AD structure per lot frontage sign Changeable frontage structure copy Building- None 32 sf plus 1 sf None Not Electronic mounted per If of Applicable readerboard building face 53 or storefront over 32 If, plus additional area per§ 36.2-677 MXPUD, As specified by the PUD development plan, or same as CG when not specified by plan. INPUD, IPUD "sr means square feet, "If" means linear feet, "ft" means feet, and "n/a" means not applicable. "None" means no limit. ** * Sec. 36.2-669. - Changeable copy signs and electronic readerboard signs. ** * (b) Electronic readerboard signs shall be subject to these requirements: *** (3) An electronic readerboard in a CN, D, IN, UC, or CG District shall not exceed twenty-five (25) square feet in sign area. ** * Sec. 36.2-817. - Powers and duties. *** (c) Zoning ordinance code and map amendments. ** * Appendix A— Definitions • Boarding house: A dwelling, or portion thereof, where up to, but not more than, six (6)furnished • • • • • Business services establishment: An establishment primarily engaged in the sale, leasing, or repair of office equipment, supplies, and materials, or the rendering of services used by office, professional, and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, management and consulting services, office security services, advertising and mailing services, data and records storage, janitorial services, employment or temporary labor services and other professional, scientific, or technical services or administrative or support services not otherwise specifically listed in the Use Tables in Article 3 of this chapter. Community housing services: a small scale operation providing temporary occupancy, and which may provide mental health counseling, employment services, permanent housing assistance, and other 54 supportive services. The temporary housing capacity of a community housing services operation shall be limited to twelve people. • institution. • spec if (1) Dwelling, Single family, attached: A one family dwelling unit, with its own independent entrance at (2) Dwelling, Single family detached: A site built, modular, or industrialized building designed (3) Dwelling, Two family: A building on an individual lot containing two(2)dwelling units, designed for (5) Dwelling, Manufactured home: A factory-built, single-family unit dwellingsfre, transportable in one (1) or more sections, subject to federal regulations and constructed after June 15, 1976, which is constructed on a chassis for towing to the point of use, and is not less than nineteen (19)feet in width when assembled, and is set up on a permanent foundation on an individual lot for continuous year-round occupancy as a single-family unit dwelling when connected to the required utilities. (6) Dwelling, Mobile home: A structure, transportable in one (1)or more sections, not subject to federal regulations and constructed prior to June 15, 1976, which is constructed on a chassis for towing to the point of use and designed to be used, with or without permanent foundation, for continuous year- round occupancy as a single-unitfacily dwelling when connected to the required utilities. (7) Dwelling, Townhouse or rowhouse: A one family dwelling unit, with its own independent entrance Dwelling: a room or group of connected rooms designed for occupancy by a household as an independent housekeeping unit for 30 days or longer. Dwelling types:This code identifies the following types of dwellings for the purpose of providing supplemental regulations that prescribe form, location, and orientation. Accessory dwelling: an additional dwelling on a lot where the principal use is a one dwelling building on a lot. (synonyms: Accessory dwelling unit, ADU, accessory apartment) One and two dwelling building: a building that contains one or two dwellings. (synonyms: single- family detached dwelling, single-family attached dwelling, two-family dwelling, duplex dwelling). Cottage court: a group of two or more buildings that contain three or more dwellings that are limited to 1,000 square feet of gross floor area. with buildings and entrances oriented onto a central court for common access. (Synonym: Courtyard housing) Townhouse building: A building containing two or more dwellings connected by vertical walls, with each dwelling having an independent entrance. (Synonyms: rowhouse, single-family attached dwelling) 55 Single facade apartment building: a building that contains three to eight dwellings and has a single primary facade. Multiple facade apartment building: a building that contains three to eight dwellings and has two or more primary facades. (synonym: courtyard apartment) Large apartment building: a building containing nine or more dwellings. Financial services institution: The provision of financial and banking services to consumers or clients, including banks, savings and loan associations, credit unions, lending establishments, and mortgage offices, and which may include their support services such as call centers, training centers, and offices. • • • similar uses. • ore resident counselors or other staff persons. • • medical treatment facilities are a component of the use. • Group home: • r nonresident staff • (2)A residentia (1950), as amended. 56 • Virginia (1950), as amended. Group living: permanent occupancy of a building by nine or more people who may be unrelated and who may receive supportive services or medical care. Group living is characterized by common areas and centralized food services and are distinguished from an apartment building by having no independent dwellings. Such living arrangements may be commonly referred to as nursing homes, congregate care, or group care. Household: a person or group of persons living within a dwelling and sharing kitchen facilities, sanitation facilities, and common areas. A household may have one of the following types of occupancy: (a) A family of related persons of unlimited number. (b) A family defined as up to eight persons with mental illness, intellectual disability, or developmental disability who reside with one or more resident or nonresident staff persons in a residential facility for which the Department of Behavioral Health and Developmental Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. (c) A family defined as up to eight aged, infirm, or disabled persons who reside with one or more resident counselors or other staff persons in a residential facility for which the Department of Social Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. (d) A group of up to eight persons who may not be related and may receive supportive services or medical care. Permanent occupancy: Occupancy for any period of 30 days or longer. Regional housing services: an operation providing temporary occupancy, and which may provide mental health counseling, employment services, permanent housing assistance, and other supportive services. The temporary housing capacity of a regional housing services operation is not limited. Short-term rental: An accommodation for transient guests where, in exchange for compensation, a dwelling is provided for lodging for less than 30 days. facility" as defined in this chapter. Temporary occupancy: Occupancy for less than 30 days. 2. This Ordinance will become effective immediately upon its passage. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: Cam — , City Clerk 57 oi, '.4.- CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: March 18. 2024 Subject: Proposed amendments to Chapter 36.2. Zoning. of the Code of the City of Roanoke (1 979). as amended. by amending and reordaining, adding, or deleting the following code sections to remove barriers for the creation of affordable housing. to make the zoning ordinance consistent with state code. to create an additional zoning district (UC Urban Center). and to make changes to the use tables for the residential, multiple purpose, industrial, and planned unit development districts: such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district. unless otherwise noted Summary: By a vote of 5-1 , with Commissioner P. Smith absent. the Commission recommends approval of the proposed amendments. Background: Since the adoption of the current zoning code in 2005. City Council has adopted 19 amendments to ensure the code remains a relevant tool for implementing the comprehensive plan. This update will be the second substantial update to the zoning ordinance since the adoption of City Plan 2040 in December 2020. Roanoke's residential zoning districts cover just over half of Roanoke's land area (14,600 acres). Most of those districts are exclusionary because they permit only one type of housing by-right. These exclusionary districts cover 13,319 acres, or 91% of our residentially zoned land. Localities across the United States are working to repeal exclusionary zoning for two compelling reasons: First, because exclusive single-family districts have constricted the housing supply by excluding other housing types. in turn contributing to a crisis level national housing shortage: and second, because exclusionary zoning is a persisting legacy of racial and economic segregation. In recent months. our counterparts in Arlington and Charlottesville have adopted reform packages to eliminate their exclusionary zoning. The Zoning Reform package proposed by Roanoke's planning staff is comparable to those efforts. The proposed amendments make six important changes related to housing: 1 . Regulate dwellings as a land use Planning and zoning staff proposes a simple approach. Rather than regulating different housing types as uses (single-family, two-family. townhouse, multifamily, etc.), the fundamental activity occurring, which is "dwelling," will be permitted in all residential districts and most multiple purpose districts. The proposed code would then specify how many dwellings would be permitted on a given lot based on its zoning district and type of lot. Generally, additional dwellings would be permitted on corner lots because there is more street frontage. This familiar pattern of development is common in Roanoke's neighborhoods and the proposed zoning changes would reinforce this type of development. 2. Reclassify Dwelling Types In open house sessions. staff heard that it is important for new development to fit into the existing fabric of the neighborhoods. Staff agrees and recommends limits on form that address the compatibility of buildings that contain two or more dwellings. Working from well-accepted housing models, we created limits on scale and design standards for small apartment buildings, townhouses, and cottage court developments. Two-dwelling buildings are regulated the same as one-dwelling buildings. The proposed code will classify new and existing dwelling types in order to manage form, location, and orientation of structures so they will be compatible in neighborhood settings. Another change would expand the use of accessory dwelling units. Now permitted in an accessory building physical separated from a house, the proposed amendments would permit them within a house. Amendments would also remove prohibitions on separate utility metering. 2 3. Define Household to include Family and Non family Living Arrangements The current code defines a household based on the familial relationships of the occupants and some forms of group living are already classified as a family by federal law. The proposed amendments redefine the term household in a way that will retain existing family living arrangements, maintain federally required living arrangements. and add nonfamily living arrangements for up to eight people sharing a dwelling. 4. Simplify various Group Care Facility types into a single Group Living land use The proposed text amendments would allow for permanent group housing for nine or more people in more areas and remove discriminatory limitations on housing choice. With the proposed changes. the zoning code will govern the land use taking place rather than the condition or prior status of people. The proposed code would regulate group living just like multifamily dwellings. In consideration of the ideas of equity expressed in City Plan 2040. someone's status as disabled. formerly homeless, veteran. in recovery, or formerly incarcerated should not be a consideration in regulating where people live. These distinctions work to severely limit where certain people can live, and therefore, compound whatever vulnerability they may experience. The amended code will permit a dispersed. dignified. and low impact model for permanent housing for our vulnerable populations. Staff proposes removal of the discriminatory and exclusionary regulations contained in the current zoning code. 5. Replace Transitional Living Group Care Facility with small scale Community Housing Services and larger scale Regional Housing Services By defining a small-scale Community Services use classification, the proposed text amendment would remove barriers to small-scale temporary housing in multiple purpose districts and higher intensity residential districts. The current code classifies a shelter as a "Group Care Facility, transitional living facility." This use is extremely restricted: the zoning code permits it only in the INPUD district and further requires a special exception from the board of zoning appeals. This practice has the effect of concentrating sheltering operations. 3 Staff recommends the creation of two new uses to replace transitional living facility: Community Housing Services and Regional Housing Services. This approach provides for a small, limited community scale version that may be more broadly permitted around the City. Enabling a model of small-scale sheltering options distributed among higher intensity districts is a less impactful, more equitable, and more accessible alternative to one large facility. The Community Housing Services us would be a small-scale operation limited to twelve people and occupying no more than 10.000 square feet of gross floor area. These would be permitted by right in CG, CLS, D, IN, ROS. and OF districts. Regional housing services would continue to be very restricted, permitted only in the INPUD district with a special exception. 6. Ensure the City uses remaining land efficiently This proposal would make changes to the dimensional regulations of each residential zoning district that would allow for the more efficient development of the limited vacant residentially zoned land within the City. Roanoke is nearly built-out, which creates issues when faced with a deficit of housing. An example of the changes that are under consideration include the reduction of lot area per dwelling unit requirements and the reduction of minimum lot sizes. Other important proposed changes to the zoning code: 1 . Remove Barriers to Child Care and Adult Care The proposed code changes make Adult Day Care Homes and Family Day Homes as permitted uses in all residential districts. These are small-scale counterparts of Day Care Center uses and very beneficial services for communities. Under the current code. however. they require a special exception. The extra cost and effort are significant barriers. These services are extremely limited in Roanoke. The intent is to remove land use barriers to establishing these reasonable and compatible community uses in neighborhood settings. 4 2. Creation of a new UC Urban Center zoning district The purpose of the proposed UC - Urban Center District is to permit a mixture of retail. office, residential. and light industrial uses in a concentrated pedestrian-friendly area outside of Downtown. The streets form an interconnected grid and accommodate multiple modes of transportation: pedestrian, bicycles. transit, automobiles. Buildings are located adjacent to the sidewalk and often adjoin each other. Parking is generally concentrated in parking structures or is located to the side or rear of principal buildings. Toward that end. the Urban Center District is intended to accomplish the following: 1 ) Facilitate pedestrian ways and create a convenient and harmonious development of buildings, streets. and open space; 2) Promote activity on public streets and to protect amenities provided through public investment: and 3) Provide for a mix of high-density residential, commercial, retail, government services. entertainment and cultural facilities, and live/work space. 3. Adjusting where certain uses are permitted, not permitted or require a special exception 4 The proposed code changes allow additional uses within a PUD District for a more complete neighborhood with safe and convenient access to a variety of goods and services including housing options, commercial services. schools and places of worship. open space, and civic amenities. These amendments were developed by planning staff. guided by priority and action items highlighted in City Plan 2040. Staff briefed the Planning Commission its progress with the proposed amendments in multiple work sessions in recent months and briefed City Council at its February 5 regular meeting. Both bodies indicated support for continuing the process. The Planning Commission initiated consideration of the proposed amendments by motion at its regular meeting on February 12. 2024. 5 Considerations: The basis for these changes are rooted in the City's comprehensive plan, City Plan 2040. The table below summarizes the policies and actions that relate to the proposed zoning text amendments. Proposed Supporting Policy from City Plan 2040 Amendment Regulate Dwellings as a Interwoven Equity land use Priority Three: Neighborhood Choice Reclassify Dwelling Types Policy 1 : Identify and remove barriers to housing choice • Reconsider housing policies rooted in racial segregation Define Household to efforts such as exclusionary zoning districts that exclude include Family and all but single-family houses Nonfamily Living • Work to reduce tenure bias. that is, the favoring of owner- Arrangements occupants over renter occupants, by reviewing City policy and plans to eliminate such bias Ensure the City uses remaining land Policy 4: Develop varied and affordable housing options in each efficiently neighborhood • Ensure affordable housing is available in all neighborhoods in the city • Promote complete neighborhoods, so all neighborhoods have a broad range of housing types, including multifamily housing Livable Built Environment Priority Four: Housing Policy 1 : Enable affordable and accessible housing options in all neighborhoods Policy 3: Enable a range of housing types in each part of the community to achieve inclusive, livable neighborhoods that prosper over time • Consider ways to introduce different housing types into neighborhoods that lack housing diversity while being mindful of and responsive to concerns about neighborhood character, design. and maintenance • Explore opportunities for alternative living arrangements, such as group living and co-housing, near neighborhood centers 6 Proposed Supporting Policy from City Plan 2040 Amendment Simplify various Group Interwoven Equity Care Facility types into a single Group Living land Priority One: Trust use Policy 1 : Remove legal elements of institutional or structural Replace Transitional bias Living Group Care Facility with small scale • Review and eliminate City codes and policies based on Community Housing explicit or implicit biases, and advocate the same Services and larger scale approach for state laws and policies Regional Housing • Enable complete neighborhoods to develop within the Services framework of the zoning code, providing access to affordable housing, services, and employment Policy 2: Lead community healing • Build capacity (ability and experience) for neighborhood- based organizations to carry out or direct appropriate community improvements and services Priority Two: Break the Cycle of Poverty Policy 2: Provide supportive interventions strategically • Ensure preventive mechanisms are in place for helping at- risk people to prevent more serious issues (e.g., underemployment, homelessness, health issues, and unsafe housing conditions) • Make gateways to services accessible in neighborhoods Priority Three: Neighborhood Choice Policy 2: Understand the connection between finances, housing, and literacy in order to remove barriers for vulnerable people like veterans, formerly incarcerated people. And people recovering from addiction • Review and reexamine how and where zoning codes permit group care facilities and group homes providing housing and supportive services and support distribution of such housing in neighborhood settings dispersed throughout the City • Continue housing first programs and test other innovative housing approaches 7 Proposed Supporting Policy from City Plan 2040 Amendment Simplify various Group Livable Built Environment Care Facility types into a single Group Living land Priority Four: Housing use Policy 3: Enable a range of housing types in each part of the Replace Transitional community to achieve inclusive. livable neighborhoods that Living Group Care prosper over time Facility with small scale Community Housing • Explore opportunities for alternative living arrangements, Services and larger scale such as group living and co-housing, near neighborhood Regional Housing centers Services 8 Public Outreach and Comment: Coming off the heels of the Comprehensive Plan update. City Plan 2040, the major text amendments described above were major themes of that plan and were thoroughly discussed during the 2% year planning process within the community. The plan was a well-vetted document with specific action items prescribed. The proposed zoning changes will continue a major step of plan implementation. To set the stage and start more focused engagement, staff held six open house sessions at all of our libraries to communicate our housing issues and ideas for removing barriers to housing development. Staff created an online survey as another opportunity for input. Planroanoke.org has a page dedicated to information about zoning reform. Following the input sessions. planning and zoning staff began to look at options for barrier removal presented above. With definitive proposals to present. planning and zoning staff hosted another round of open houses for community engagement at all six library locations and hosted one public meeting virtually. The first round presented the concepts and issues the amendments would be designed to address. Staff used feedback from these sessions to craft specific amendments. Once specific changes were developed, staff briefed City Council and went back through another round of open house sessions. plus a virtual session. In all there were 13 meetings held to discuss the zoning reform proposals. Additionally, City Planning Staff, in conjunction with the Office of Community Engagement and RVTV, developed and produced several Public Service Announcements that were shared through the planroanoke.org/zoning page. the City's Main Facebook page, and the Planning. Building and Development Department's Facebook page. These PSAs were developed over several months and were updated in order to reflect changes in the timing of the Planning and City Council public hearings. Additionally, these informational PSAs were cross- posted among all of the City's other social media channels. See below for a link to that PSA: https://planroanoke.org/zoning/ Planning Commission: Public comments concerned: past zoning codes creating blight and this proposal reducing blight, not enough public outreach, this proposal bringing uncertainty for neighborhoods that may cause homeowners to leave, support for removing discriminatory language, concern that the increased property values from this proposal may encourage demolition and rebuilding, this proposal bringing needed housing units for the over 50% of renters struggling with housing affordability, 2005 downzoning not bringing beneficial change to neighborhoods and this proposal allowing the creation of needed housing, and great community outreach. 9 Commissioners discussed: great community outreach. anticipated additional housing units from this proposal resulting in approximately 50 units per year. the desire for a citywide impact study of this proposal. residential density bringing additional positive uses to neighborhoods and increasing property values. density of housing increases historically being positive within our community, and this proposal meeting goals within City Plan 2040 of a walkable city, equity. and improving transit. Conclusions and Recommendations: Planning Commission recommends approval as the proposed Zoning Ordinance amendments to make the City's zoning ordinance easier to use for its citizens, and to make the City's zoning ordinance consistent with state code and the recently updated Comprehensive Plan. City Plan 2040. C 712G%a z /// Frank Martin, Chair City Planning Commission Enclosure: Attachment A, Proposed Zoning Ordinance Amendments 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 Jillian Moore, Deputy Director/Development Services Manager Phillip Moore, Zoning Administrator Timothy Spencer, City Attorney Laura Carini. Senior Assistant City Attorney 10 Appendix A: Proposed Zoning Ordinance Amendments 36.2-310 Purposes of the residential districts Purpose The current purpose statements actually describe the exclusionary nature of the statements for current residential districts. Staff recommends amendment of these statements of residential purpose to make the descriptions of the residential districts more inclusive of other districts. housing types and land uses.The proposed amendments result in these purpose statements: The purposes of the R-12, R-7, R-5, R-3, and RM-1 districts are to provide a range of housing options and to provide opportunities for compatible home-based entrepreneurship. Dimensional and supplemental regulations implement standards that control building form building placement and other characteristics of • development.These districts cover the majority of the City's land area and contain most of Roanoke's housing supply. The purpose of the RM-2 district is to provide for all housing types with an emphasis on townhouses, cottage courts, and apartment buildings.This district is generally mapped in areas near or adjacent to neighborhood and other commercial centers, but also may be applied to existing apartment buildings in neighborhood contexts. The purpose of the RMF district is to provide for unified development of 10 or more dwellings. While these purpose statements have no regulatory impact on development, it is important for regulations to be consistent with these purpose statements. 36.2-311. Use table for residential districts Basic residential The amendment removes regulation by housing type and instead lists "dwellings"as a Uses permitted use in all districts. This change is not fundamentally different from the current code because each district already permits some form of"dwelling" as a land use. The proposed code relies more properly on the dimensional regulations in section 36.2-312 to control how many dwellings the code permits on a given lot. Accommodations Current code excludes certain types of group living based on the status of the and Group Living residents rather than impacts of the land use. Decades of exclusionary zoning have Uses limited housing opportunities for vulnerable populations and thus contributed to homelessness. Proposed amendments eliminate the array of different housing arrangements and replace them with a simplified and equitable approach. The amendments simplify group living arrangements into a small-scale version and a large- scale version. Group living,with 8 or fewer residents, meets the definition of household. In fact, federal and state laws reinforce this idea for certain protected classes of people.The 1 Appendix A: Proposed Zoning Ordinance Amendments amended code will permit a dispersed, dignified, and low impact model for permanent housing for our vulnerable populations. Large-scale group living,with nine or more residents, is permitted in multifamily districts and multiple purpose districts because it is fundamentally the same as a multiunit dwelling. The proposed approach treats these uses similar to their counterpart residential uses and eliminates discrimination based on the status or history of people. Note that all group living arrangements are for permanent housing(30 days or more). Sheltering operations remain excluded from residential districts. Commercial Uses Amendments propose Adult Day Care Homes and Family Day Homes as permitted uses in all residential districts.These are small-scale counterparts of Day Care Center uses. Under the current code, they require a special exception.These services are extremely limited in Roanoke;the intent is to remove land use barriers to establishing these reasonable and compatible uses in neighborhood settings. 36.2-312 Dimensional regulations for residential districts Minimum lot area The proposed amendment reduces lot area required for each dwelling unit. for each dwelling Amendments coordinate permitted housing types and maximum number of units for unit interior and corner lots to determine the maximum number of dwellings that may be established on a given lot.This regulation works hand-in-hand with a new regulation that provides an absolute limit on the number of dwellings allowed on a lot, regardless of the lot's size. This approach will ensure the number of dwellings is within the norm found in traditional neighborhoods that are zoned R-12, R-7, R-5, R-3, and RM-1. The resulting minimum lot area for each dwelling unit ranges from 1,000 square feet to 2,500 square feet.The lot area for RA and RMF is unchanged. RA R-12 R-7 R-5 R-3 RM-1 RM-2 RMF Minimum lot area for each 43,560 2,500 2,000 1,500 1,000 1,500 1,000 1,000 dwelling Maximum A new regulation establishes an absolute maximum number of dwelling units for dwelling units on a corner lots and for interior lots regardless of lot size. In general,corner lots can corner lot; interior accommodate more dwelling units than interior lots. lot. RA R-12 R-7 R-5 R-3 RM-1 RM-2 RMF Corner lot maximum 1 3 4 6 6 8 No No number of dwellings limit limit interior or through lot 1 1 2 3 3 4 No No maximum number of limit limit dwellings 2 Appendix A: Proposed Zoning Ordinance Amendments This approach moves away from regulating by TYPE of housing permitted. Various housing types may or may not be permitted based on the number of dwellings permitted. Minimum lot area The minimum lot area and minimum lot frontages control the size of lots when and minimum lot subdividing land. Generally, larger lot sizes and lot frontages create inefficient frontage (for development patterns that consume land unnecessarily and thus reduce housing subdivision) development opportunities. The proposed amendment decreases the minimum lot area and frontage for most residential districts. RA R-12 R-7 R-5 R-3 RM-1 RM-2 RMF Minimum 217,800 8,000 5,500 4,000 3,000 4,000 4,000 15,000 area of a lot Minimum 500 60 50 40 30 40 50 50 frontage of a lot 36.2-314. Purposes of multiple purpose districts Purpose The proposed amendment to the MX district purpose is to better reflect the character statement of the district: The purpose of the MX District is to accommodate residential uses and low intensity, small-scale commercial uses. Dimensional regulations implement neighborhood design principles for urban neighborhoods by controlling building size and building placement.The regulations of the district are intended to protect the character and scale of such a mixed-use development pattern by permitting low-intensity development at a scale that recognizes and respects residential patterns of development. A statement purpose for the proposed new UC Urban Center District is added: The purpose of the Urban Center District is to permit a mixture of retail, office, residential, and light industrial uses in a concentrated pedestrian-friendly area outside of Downtown. The streets form an interconnected grid and accommodate multiple modes of transportation: pedestrian, bicycles, transit, automobiles. Buildings are located adjacent to the sidewalk and often adjoin each other. Parking is generally concentrated in parking structures or is located to the side or rear of principal buildings.Toward that end, the Urban Center District is intended to accomplish the following: (1) Facilitate pedestrian ways and create a convenient and harmonious development of buildings, streets, and open space; (2) Promote activity on public streets and to protect amenities provided through public investment; and 3 Appendix A: Proposed Zoning Ordinance Amendments (3) Provide for a mix of high-density residential, commercial, retail,government services, entertainment and cultural facilities, and live/work space. 36.2-315. Use table for multiple purpose districts. Uses permitted in The proposed amendment carries forward the same approach as residential districts multiple purpose by added the dwelling use as a permitted use. districts. District MX CN CG CLS D IN ROS UF UC Dwellings P P P P P P P P P The simplified and equitable group living approach is carried into the multiple purpose districts,with small scale'permitted by right and larger scale regulated by the special • exception process in some districts. District MX CN CG CLS D IN ROS UF UC Group living S S P P P S P P Additional low-intensity business development is permitted by right in the MX district. Amendments expand districts where child and adult care is permitted to remove barriers for creation of new services. Certain automobile oriented activities move from permitted to require a special exception to provide more oversight: Drive through facilities and kiosks, rental, repair, service, sales, painting, body shop, limousine service. Certain passive, low-activity uses are disallowed in multiple purpose districts: mobile home sales, storage building sales,self-storage building. An impactful change is the definition of a new use related to temporary sheltering of vulnerable populations.The current code classifies a shelter as a "Group Care Facility, transitional living facility."This use is extremely restricted;the zoning code permits it only in the INPUD district and further requires a special exception from the board of zoning appeals. Staff recommends the creation of two new uses to replace transitional living facility: Community Housing Services and Regional Housing Services. This approach provides for a small, limited community scale version which may be more broadly permitted around the City. Enabling a model of small-scale sheltering options distributed among higher intensity districts is a less impactful, more equitable,and more accessible alternative to one large facility. Community housing services: a small-scale operation providing temporary occupancy, and may provide mental health counseling, employment services, permanent housing assistance,and other supportive services.The temporary housing capacity of a 4 Appendix A: Proposed Zoning Ordinance Amendments community housing services operation shall be limited to twelve people and occupy no more than 10,000 square feet of gross floor area. Regional housing services: an operation providing temporary occupancy,and may provide mental health counseling,employment services, permanent housing assistance,and other supportive services. The temporary housing capacity of a regional housing services operation is not limited. Proposed amendments permit Community Housing Services by right in CG, CLS, D, IN, ROS, and UF districts and MXPUD and INPUD districts. Regional Housing Services would be very restricted, permitted only in the INPUD district with a special exception. • 36.2-316. Dimensional regulations for multiple purpose districts Lot area and lot Reduce lot area required for each dwelling in the MX district. frontage regulations Adjust dimensions of lot size and frontage. MX CN CG CLS D IN ROS UF Minimum lot area for 1,000 None None None None None None None each dwelling Lot area Minimum 2,500 2,500 10,000 43,560 None None None None Maximum 15,000 2 ac. 3 ac. None None 5 ac. None 3 ac. Lot Minimum 40 None 50 100 None 50 None None frontage Maximum 150 200 None None None None None 200 36.2-322. Use table for industrial districts Industrial districts Dwelling and group living uses are carried forward from residential districts, but require a special exception. I-1 1-2 AD Dwellings 5 Group Living 5 Roanoke has residential uses in industrial districts as a vestige of previous zoning remaps. Permitting residential uses by special exception allows them to continue, expand,and maintain. Permitting residential uses can enable transition from underperforming industrial land to adaptive reuse for needed housing. The amendments propose to restrict or eliminate a number of hazardous and/or nonproductive uses: storage building sales;junkyard; wrecker yard; self-storage building, self-storage facility; storage of commercial motor vehicles; storage of motor vehicles for rental; and tank farm. The new "community housing services" is added as a permitted use in the I-1 district. 5 Appendix A: Proposed Zoning Ordinance Amendments Sec. 36.2-327. Use table for planned unit development districts Use table Dwelling uses are carried forward and short-term rental is added. MXPUD INPUD IPUD Dwellings P P Short-term Rental P P Group Living P P Assembly uses added Regional temporary housing services replaces transitional living facility as a special exception in the INPUD District. Additional uses were added to allow for a more complete neighborhood development within a PUD including:gasoline station; workshop;exhibition, convention,and conference center; indoor recreation; and movie or performing arts theater. Sec.36.2-328. Dimensional regulations for planned unit development districts. Dimensional Only technical changes are being made here to enhance readability. The development regulations plan adopted during zoning map amendment generally controls these characteristics. A future reworking of PUD districts may eliminate this table altogether. Sec. 36.2-332. Neighborhood Design Overlay District(ND). Design standards Modification and refinement of residential design standards. for dwellings Remove requirement for two-story building between two others. Proposed amendments move some standards to supplemental regulations that apply throughout the city(see new 36.2-409.1). 36.2-402. Accessory apartments Accessory This section replaced with new content moved to supplemental regulations for apartment "dwellings" in Sec. 36.2-409.1. supplemental regulations Sec. 36.2-405. Bed and breakfast, homestay,and short-term rental establishments 6 Appendix A: Proposed Zoning Ordinance Amendments Supplemental Technical amendments reflecting new terminology for dwelling type. regulations 36.2-409.1. Dwellings. (Supplemental regulations) Supplemental This new section provides standards for all dwelling types, providing definition and regulations for guidance on form, building location, and orientation: dwellings 36.2-409.1.Dwellings.Supplemental regulations for various dwelling types prescribe the form,building location,and orientation of buildings containing dwellings in order to provide for compatibility within the context of neighborhood settings. Accessory dwellings(also known as accessory dwelling unit(ADU),or accessory apartment).These standards are intended to regulate number and size of accessory dwellings to ensure they are subordinate to the principal single dwelling use to which it is accessory: 1) One accessory dwelling may be established on a lot containing a new or existing single dwelling building.An accessory dwelling is not subject to minimum lot area requirement for each dwelling nor the maximum number of dwellings per lot. 2) An accessory dwelling located in a detached accessory building shall be limited to 800 square feet or 80 percent of the gross floor area of the principal dwelling,whichever is less.The accessory building may contain other uses and shall otherwise be subject to the size and placement standards of 36.2- 403. 3) The floor area of an accessory dwelling located within a principal building shall be no more than 40 percent of the gross floor area of the building.An exterior stairway or additional entrances,if created, shall be located on facades other than the primary facade. Cottage Courts.A cottage court development is a grouping of attached or detached dwellings arranged and oriented toward an interior courtyard rather than toward a street frontage.Such development is appropriate for an interior or through lot subject to these standards: Any single building facade facing a primary street shall be 35 feet wide or less. 4) Permitted only on an interior lot or a through lot with a minimum lot area of 7,000 square feet. 5) At least two buildings shall meet the maximum yard requirement of the district. 6) Window or door openings shall constitute at least 15 percent of facades facing the street frontage. 7) Limited to two stories. 8) Dwelling units have a maximum gross floor area of 1,000 square feet. 9) Buildings may be located on unit lots within a zoning lot. 10) At least 20%of the lot area shall be dedicated to a central courtyard.Each dwelling shall have a doorway fronting on the courtyard.Such courtyard shall have no motor vehicle access. b) One and two dwelling buildings.These buildings are always oriented toward a street frontage.The following standards are provided to ensure compatibility with existing neighborhood contexts: 1) The primary facade width of one and two dwelling buildings shall be within 25 percent of the average of the widths of such buildings on the same side of the same block. 2) Any garage bay door facing a primary street shall be offset at least 24 inches behind the front facade of the dwelling and the front door.An attached garage shall not make up more than 33 percent of the front facade of the dwelling. 3) Window and door openings shall constitute at least 15 percent of the primary facade and at least 10 percent of a secondary façade on a corner lot. 4) Where permitted by the district,a lot may contain multiple one or two dwelling buildings. 7 Appendix A: Proposed Zoning Ordinance Amendments c) Single-façade apartment buildings. New and converted buildings oriented in a single mass with one primary facade,and containing three to eight dwellings,shall be subject to these standards: 1) The maximum width of the principal facade of the building shall be 120 percent of the average widths of other dwellings on the same side of the same block. 2) The building shall have one entrance facing the primary front yard. No additional entrances shall face the primary front yard unless recessed at least four feet behind the primary building facade. 3) Window and door openings shall constitute at least 15 percent of the primary facade and at least 10 percent of a secondary facade on a corner lot. 4) The front facade shall contain a front porch at least one-half the width of the building width and eight feet in depth. 5) An addition to an existing building shall be located on the rear or side of the building,except a porch may be added to the front of the dwelling.An addition to the side of a dwelling shall be set back from the dwelling's front face by 24 • inches or more. 6) No garage door may face a primary street frontage. d) Multiple façade apartment buildings.New and converted buildings having a shape with multiple primary facades,and containing three to eight dwellings,shall be subject to these standards: 1) Each facade within the primary front yard shall not exceed 120 percent of the average widths of other dwellings on the same side of the same block.Such facades shall be separated by at least 20 feet. 2) Window and door openings shall constitute at least 15 percent of the primary facades and at least 10 percent of a secondary facade on a corner lot. 3) An addition to an existing building shall be located on the rear or side of the building,except a porch may be added to any street-facing facade. 4) An addition to the side of a dwelling shall be set back from the dwelling's front face by 24 inches or more. 5) No garage door may face a primary street frontage. e) Townhouse buildings.These standards provide additional controls on the scale,massing, building placement to encourage compatibility with neighborhood contexts. 1) A row of townhouses in a townhouse building shall be limited to 300 feet or less. 2) The minimum width of a dwelling in a townhouse building is 15 feet. 3) No parking spaces or driveways shall be permitted between a public or private street and any principal building.Exception:Parking and driveways may be located between the street and the building under the following conditions: (i) Each townhouse dwelling is at least 25 feet in width; (ii) The driveway is greater than ten feet wide. (iii) The garage door is no greater than ten feet wide. (iv) Driveways shall be located to minimize curb cuts. (v) Each townhouse dwelling may be located on a unit lot subdivided from the parent zoning lot. (vi) Window and door openings shall constitute a t least 15 percent of the primary facade and at least 10 percent of a secondary facade on a corner lot. 36.2-431.Townhouses and rowhouses. Deletes supplemental regulations for townhouses and rowhouses. Standards are moved to the previous Section 36.2-409.1 8 Appendix A: Proposed Zoning Ordinance Amendments Appendix A. Definitions Community New definitions for community housing services and regional housing services as housing services, forms of temporary sheltering. regional housing services Dwellings Dwelling:a room or group of connected rooms designed for occupancy by a household as an independent housekeeping unit for 30 days or longer. Dwelling types:This code identifies the following types of dwellings for the purpose of providing supplemental regulations that prescribe form,location,and orientation. Accessory dwelling,accessory:an additional dwelling on a lot where the principal use is a single dwelling building. (synonyms:Accessory dwelling unit,ADU,accessory apartment) One and two dwelling building:a building that contains one or two dwellings. Cottage court:a group of two or more buildings that contain three or more dwellings that are limited to 1,000 square feet of gross floor area. Such located on an interior or through lot with limited size detached or connected dwellings,with such buildings oriented to create a central court for common access. Townhouse building:A building containing two or more dwellings connected by vertical walls, with each dwelling having an independent entrance. Single facade apartment building(house form):a building that contains three to eight dwellings and has a single primary facade. Multiple facade apartment building(courtyard form):a building that contains three to eight dwellings and has multiple primary facades. Large apartment building:a building containing nine or more dwellings. Group living Defines group living, small scale and group living, large scale as forms of permanent residential occupancy. Group living,large scale:permanent occupancy of a building by nine or more people who may be unrelated and who may receive supportive services or medical care.Large-scale group living is characterized by common areas and centralized food services and do not contain independent dwellings. Such living arrangements are commonly referred to as nursing homes,congregate care,or group care. Note: Occupancy by fewer than nine persons is a household. Household Redefines household to include family and nonfamily living arrangements, including federal preemption families. Household:a person or group of persons living within a dwelling and sharing kitchen facilities,sanitation facilities,and common areas.A household may have one of the following types of occupancy: (a) A family of related persons of unlimited number. 9 Appendix A: Proposed Zoning Ordinance Amendments (b) A family defined as up to eight persons with mental illness,intellectual disability,or developmental disability who reside with one or more resident or nonresident staff persons in a residential facility for which the Department of Behavioral Health and Developmental Services is the licensing authority pursuant to the Code of Virginia(1950),as amended. (c) A family defined as up to eight aged,infirm,or disabled persons who reside with one or more resident counselors or other staff persons in a residential facility for which the Department of Social Services is the licensing authority pursuant to the Code of Virginia(1950),as amended. (d) A group of up to eight unrelated persons who may or may not receive supportive services or medical care. Occupancy Defines permanent occupancy as 30 days or more, and temporary occupancy as less than 30 days. Short term rental New definition for short term rental of a dwelling for less than 30 days 10 DRAFT Sec. 36.2-100. Title. This chapter shall be known,cited,and referred to as the "zoning efelioiaRee code"and shall include all provisions contained herein,together with the City's zoning map. Sec. 36.2-105. - Rules of interpretation and construction. (c).General construction of language. (9) Where amendments to use names or definitions are made, the amended meaning shall be applied to older terms that remain in the zoning code (e.g., a single-family dwelling means a one dwelling building, two dwelling building means two-family dwelling, and so on). (f)Zoning district boundaries. * * * (2) In case of annexation to the City,or in case property comes into the territorial jurisdiction of the City other than by annexation,the regulations applying to the R-12, Residential SingleTDistrict,shall apply to all such annexed or new territory pending an amendment of this chapter. * * * Sec. 36.2-201. - Establishment of districts. In order to carry out the purposes of this chapter, the City of Roanoke shall be divided into zoning districts as established below: (a)_Base districts. The following base zoning districts are hereby established: (1)_Residential zoning districts: .st-(RA) Resident Sir+glee€amity---D4&tcist-{R--42 Residential Single Gamily District (R_7) Residential Single Family District (R-5) Residential Single Famil Residential MixedOensity-District(RM-4) 1 ResidentialMixed-Density District(RM-2) Residential Multifamily District /RAACI RA Agricultural District R-12 Residential District R-7 Residential District R-5 Residential District R-3 Residential District RM-1 Residential District RM-2 Residential District RMF Residential District (2) Multiple purpose zoning districts: -D+strict4G ) trict(GG) Commercial Large Site District (CLS) Recreation and Open Space District(ROS) Urban Flex District (UF) MX Mixed Use District CN Commercial-Neighborhood District CG Commercial-General District CLS Commercial-Large Site District D Downtown District IN Institutional District ROS Recreation and Open Space District UF Urban Flex District UC Urban Center District * * * Sec. 36.2-205. Dimensional regulations. (b)Density. Dwellings permitted on a lot. (1)When using minimum lot area for each dwelling calculating-the-rnaximuhallswable-density for any lot-any fractional dwelling count shall be equal to zero dwelling units. 2 (2) Any lands normally submerged under water shall not be included in computing the allowable number of dwelling units for any lot. _(3) For single family detached dwellings, except in the MXPUD District, no maximum number of total permitted dwellings is established because the total number of dwelling-units shall be governed by the minimum lot area. (d) Lot frontage. * * * be governed by Section 36.2 1131. (5) (4) In addition to the lot frontage required by the applicable zoning district, all structures shall be located on lots so as to comply with any adopted ordinances of the City relating to public service and fire protection. *** (i) Yards—Corner lots and through lots. (B) In the MX, CN, CG, D, IN, and-UF, and UC Districts, the primary front yard shall be established according to Section 36.2-319. * * * (2) Corner lots having more than two (2) street frontages shall provide a front yard for each frontage: (B) In the MX, CN, CG, D, IN, and UF, and UC Districts, two(2) maximum yards shall be established according to Section 36.2-319. * * * (3) Through lots shall provide a front yard for each frontage: (B) In the MX, CN, CG, D, IN, and UF, and UC Districts, the primary front yard shall be established according to Section 36.2-319 and shall be provided with the minimum and maximum depths of the district or as determined by Section 36.2-313, as applicable. The other front yard shall be subject to only the minimum front yard depth required by the district. 3 ARTICLE 3. REGULATIONS FOR SPECIFIC ZONING DISTRICTS1 Sec. 36.2-300. Purpose. The purpose of this article is to establish use, dimensional requirements,and other special requirements,open sp ce and certain specific regulations for each zoning district. DIVISION 1. RESIDENTIAL DISTRICTS • Sec. 36.2-310. Purposes of the residential districts. *** (b) The purposes of the R-12, R-7, R-5, ac 4-R-3, and RM-1-d-Districts are to protect residential ne , to provide a range of housing options. , other housing types on corner lots. Choices and to provide opportunities for compatible home-based entrepreneurship., , eth ckr nd densit' that re customary in 1 h n nd suburban frontages, building s���l�.�-,�,-til-a��,�, �-�a,��-Q�=o,,,�l-,-�TarpaTl OIIQ7 Qf]�CfrG=111 neighborhoods. Dimensional and supplemental regulations implement standards that control building form -building placement;and other characteristics of development. 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( 22tt - 2 \ \ \ $ } * \ \ _ / \ \ ] � \ \ _ _ / \ ƒ \ \ \ / 2 7 7 - \ \ jj j \ \ \ k rz \ \ / = \ \ } \ \ \ \ \ / & \ { / 99 \ \ k k § - \ g u 2 — g *- 2 , ) - v M 4 £ k a fa C I @ CL C c 0 C ' ? all _ I 0 o o \ 0 @w r — ƒ 2 ( a., .- � ) / - a - 0 2 E D a) o vs / ea. 2 I V) 00 ¥ — a) E E § E ) S S o z 2 % •E - c E -o ' al } ® 1 ! § c E c 0 § § 2 4 o " • �. 7_ / C / / % \ m ° \ a) Co E E a y « o k / 2 • - m c C § % \ 2 § ra g 7 E E 10 2 & D 2 k E n \ \ - g . E 'x t § a fa- c _c . co ' k / / 1 / E \ 0 ƒ $ , .0 a, \ / `5 . ti- ® ° k o E E 2 A 2 / \ �) 3 � 2a [ E ` § = E E D c E k q i v S 7 / ( ( 2 & , m \ ƒ ƒ § C k = \ 2 / k { 06 . - ° % E E •X i & a C E o [\\f k 1 E 2 2 § U E § E m w o § f4 v CO C 7 E ' E 22 § 2S" E • . ƒ cot o • \ k O C O k \ \ } 0 6 ( 3 2 ° u. 7 ƒ ƒ o k 3 3 / 2 \ n 2 2 / / / ■ vl Sec. 36.2-329. Reserved. DIVISION 5. OVERLAY DISTRICTS Sec. 36.2-332. Neighborhood Design Overlay District (ND). * * * (c) Design standards. In considering an application for a zoning permit, the Zoning Administrator shall apply the following standards for construction of, an addition to, or the exterior modification of a dwelling in the ND: (1) Building location and massing: (A) The required front yard shall be determined by the regulations of the applicable base zoning district. (C) The width of single one dwelling and two dwelling buildings family and_two familyfanliiy-E1Weti-ifigs shall be within 25 twenty (20) percent of the average of the widths of such buildings on the same side of the same block. twelve (12) inches. _(9B)Where lots on both sides have dwellings, the height of the foundation facing the street shall be no more than 40 twenty (20) percent greater than the height of the tallest adjoining foundation and shall be no less than 40 twenty(20) percent below the height of the shortest adjoining foundation. Where a dwelling exists only on one {1} side, the foundation height shall be within 40 two, (-20) percent of the height of that adjoining dwelling. , " n `he f c4 leer ^f dwelling meets the standards for accessibility in accordance with the lnternation Code Commission [International Code Council] document A117.1 2009 be within forty (40) percent of adjoining foundation heights rather than twenty (20) percent. Such measurements shall be taken at comparable locations on the respective foundations (i.e., left side, right side). There is no foundation height requirement where no dwellings exist on either adjoining lot. * * * Created: 2023-04-14 09:53:28 [EST] (Supp.No.88) Page 32 of 58 (3) Entrances and windows: (A) The dwelling shall have at least one (1) entrance facing the primary front yard. The number of doors facing the primary front yard shall be limited to one(1) door for every 18 eighteen (18)feet of dwelling width. Single family and two- family dwellingsOne and two dwelling buildings may have two entrances facing the primary front yard regardless of dwelling width if the second entrance is recessed at least six(-6)-feet behind the main front entrance. ($-)---Doors facing a street shall have panel insets or windows. (C) At least fifteen (15) percent of the front of the dwelling shall consist of window er-deer openings. At least ten (10) percent of the side of a dwelling which is not the front of the dwelling and which faces a street shall consist of window or door openings. Roofs, gables, and foundations shall not be included in determining the area of the front or the side of the dwelling. (BD) Windows on the front facade shall have a height that is at least 1.5 one and one half(1%) times their width. (E) -Windows on the front of the dwelling shall be arranged in a manner that is compatible with that of other dwellings in the district. In general, windows on separate stories of the front should be vertically aligned and windows on the same story should be horizontally aligned. (nC) All stairs facing a required front yard shall have solid risers. (1.4D)A sidewalk at least three (3-)feet in width shall be provided between the front porch of a new dwelling and the street. The sidewalk shall be constructed of an impervious material customarily used for sidewalks in the district. (4) Siding and trim: (A) The siding of any dwelling, exclusive of trim materials, shall not be oriented vertically. (B) Windows and doors shall be surrounded by trim which is at least 3.5 three and one half(3%) inches wide, except for dwellings with masonry veneer, in which case no trim around doors or windows is required. However, an addition to or modification of an existing dwelling shall not be required to have window and door trim that is wider than that of the existing dwelling. (C) Vertical corner boards at least 3.5 three and one half(3Y%) inches wide shall be provided on all dwelling corners, except where the dwelling has a masonry veneer. (D) Any exterior wooden elements on a dwelling's facade facing a required front yard shall be painted or be stained with an opaque stain. (5) Porches: (A) One dwelling and two dwelling buildings Single family and_ shall have a front porch at least one-half('l) the width of the dwelling's facade, and having a depth of at least six(6)feet. The front porch shall face the primary front yard. (B) For new and existing dwellings, the front porch shall not be enclosed with siding. (C) Front porch railings shall have a top and bottom rail. Baluster ends shall not be exposed. (D) Front porch columns shall be uniform in shape and style and be at least five (6) inches wide at their bottom and top. Front porch columns shall have a base and cap that are at least one{1) inch thick and are at least 120 (' )-percent of the width of the column. (E) The underside of front porches and stairways between pier supports shall be enclosed. (6) Garages and additions: (A) An attached or detached garage or carport shall be offset at least 24 twee-€eur (24) inches behind the front facade of the dwelling. Bay doors facing a street shall have panel insets or windows. An attached garage shall not make up more than 33 thirty three (33) percent of the front facade of the dwelling. (B) An addition to an existing dwelling shall be located on the rear or side of the dwelling, except a porch constructed in accordance with Section 36.2-332(c)(5) may be added to the front of the dwelling. An addition to the side of a dwelling shall be set back from the dwelling's front face by 24 twenty four(24) inches or more. When an existing dwelling does not have a front porch, an addition may be constructed on the front of the dwelling if it includes a front porch constructed in accordance with Section 36.2-332(c)(5). Sec. 36.2-336. - Comprehensive Sign Overlay District. (d) Procedural requirements. (1) A request to establish and apply a Comprehensive Sign Overlay District to a specific property or contiguous properties may be initiated by application of the property owner, contract purchaser with the owner's written consent, or the owner's agent in order to provide alternative sign regulations than would otherwise be required by this chapter. Such a request shall be considered an amendment to the zoning ordinance code and Official Zoning Map, and review and approval shall be subject to the amendment requirements as set forth in Section 36.2-540. If a Comprehensive Sign Overlay District is established, the sign limitation established by that overlay district shall govern. In order that the single family character of the property be maintained and an accessory fr��r.w inrt tanda d& 4a} An accessory apartment shall be located in a building that is accessory to, and is located on the same lot as, a single family detached dwelling; {b} Only one (1) accessory apartment shall be permitted on any one (1) lot; {c). An accessory building in which the accessory apartment is located shall not be separately id) The float-area-of the accessary apartment shall net-evecu the les-ser of-eight hundred nt of the gross floor area of a principal residential use to which it is associated; and jc) Notwithstanding the minimum lot area per dwelling unit specified in Table 36.2 312, considered as a dwelling unit for purposes of determining minimum lot area per dwelling unit. * * * Sec. 36.2-405. Bed and breakfast, homestay, and short-term rental establishments. * * * (b) Standards for bed and breakfast establishments in residential districts. (1) Such establishments shall be located on a lot on which a one dwelling building single family dwelling is the principal use, although such establishments may be located within either the principal structure or an accessory structure, or both. * * * (3)The owner of the one dwelling building single family detached dwelling occupied by the bed and breakfast establishment shall reside in the dwelling. Created: 2023-08-24 @9:31:56 [EST] (Supp.No.89) Page 35 of 58 * (7) Only accessory uses or structures which are incidental and subordinate to a one dwelling buildingsingle family detached dwelling shall be permitted in conjunction with a bed and breakfast establishment. 36.2-409.1. Dwellings. These regulations for various dwelling types prescribe the form, location, and orientation of buildings containing dwellings in order to provide for compatibility within the context of neighborhood settings. a) Accessory dwellings.These standards are intended to regulate number and size of accessory dwellings to ensure they are subordinate to the principal one dwelling use to which it is accessory: 11 One accessory dwelling may be established on a lot containing a new or existing one dwelling building. An accessory dwelling is not subject to minimum lot area requirement for each dwelling nor the maximum number of dwellings per lot. 2) An accessory dwelling located in a detached accessory building shall be limited to 800 square feet or 80 percent of the gross floor area of the principal dwelling, whichever is less. The accessory building may contain other uses and shall otherwise be subject to the size and placement standards of 36.2-403. 3) The floor area of an accessory dwelling located within a principal building shall be no more than 40 percent of the gross floor area of the building. An exterior stairway or additional entrances, if created, shall be located on facades other than the primary façade. b) Cottage Courts. A cottage court development is a grouping of attached or detached dwellings arranged and oriented toward an interior courtyard rather than toward a street frontage. Such development is appropriate for an interior or through lot subject to these standards: 1) Any single building facade facing a primary street shall be 35 feet wide or less. 2) Permitted only on a lot with a minimum lot area of 7,000 square feet. 3) At least two buildings shall meet the maximum yard requirement of the district. 441 Window or door openings shall constitute at least 15 percent of facades facing the street frontage. 5) Limited to two stories. Created: 2023-08-24 09:31:56 [EST] (Supp. No.89) Page 36 of 58 6) Dwelling units have a maximum gross floor area of 1,000 square feet. 71 Buildings may be located on unit lots within a zoning lot. 8) At least 20% of the lot area shall be dedicated to a central courtyard. Each dwelling shall have a doorway fronting on the courtyard. Such courtyard shall have no motor vehicle access. 9) Any garage bay door facing a primary street shall be offset at least 24 inches behind the front facade of the dwelling and the front door. An attached garage shall not make up more than 33 percent of the front facade of the dwelling. c) One and two dwelling buildings. These buildings are always oriented toward a street frontage.The following standards are provided to ensure compatibility with existing neighborhood contexts: j The primary facade width of one and two dwelling buildings shall be within 25 percent of the average of the widths of such buildings on the same side of the same block. 2} Any garage bay door facing a primary street shall be offset at least 24 inches behind the front facade of the dwelling and the front door. An attached garage shall not make up more than 33 percent of the front facade of the dwelling. 3) Window and door openings shall constitute at least 15 percent of the primary facade and at least 10 percent of a secondary facade on a corner lot. 4) Where permitted by the district, a lot may contain multiple one or two dwelling buildings. d) Single-facade apartment buildings. New and converted buildings oriented in a single mass with one primary facade, and containing three to eight dwellings, shall be subject to these standards: 1) The maximum width of the principal facade of the building shall be 120 percent of the average widths of other dwellings on the same side of the same block. 2) The building shall have one entrance facing the primary front yard. No additional entrances shall face the primary front yard unless recessed at least four feet behind the primary building facade. 3) Window and door openings shall constitute at least 15 percent of the primary facade and at least 10 percent of a secondary facade on a corner lot. 41 The front facade shall contain a front porch at least one-half the width of the building width and at least eight feet in depth. 5) An addition to an existing building shall be located on the rear or side of the building, except a porch may be added to the front of the dwelling. An Created: 2023-08-24 09:31:56 [EST] (Supp. No.89) Page 37 of 58 addition to the side of a dwelling shall be set back from the dwelling's front face by 24 inches or more. 61 No garage door may face a primary street frontage. e) Multiple facade apartment buildings. New and converted buildings having a shape with multiple primary facades, and containing three to eight dwellings, shall be subject to these standards: 1) Each facade within the primary front yard shall not exceed 120 percent of the average widths of other dwellings on the same side of the same block. Such facades shall be separated by at least 20 feet. 2) Window and door openings shall constitute at least 15 percent of the primary facades and at least 10 percent of a secondary facade on a corner lot. 3) An addition to an existing building shall be located on the rear or side of the building, except a porch may be added to any street-facing facade. 4) An addition to the side of a dwelling shall be set back from the dwelling's front face by 24 inches or more. 5) No garage door may face a primary street frontage. f) Townhouse buildings. These standards provide additional controls on the scale, massing, and building placement to encourage compatibility within neighborhood contexts. 1) A row of townhouses in a townhouse building shall be limited to 300 feet or less. 2) The minimum width of a dwelling in a townhouse building is 15 feet. 3) No parking spaces or driveways shall be permitted between a public or private street and any principal building. Exception: Parking and driveways may be located between the street and the building under the following conditions: (i) Each townhouse dwelling is at least 25 feet in width; (ii) The driveway is greater than ten feet wide. (iii)The garage door is no greater than ten feet wide. (iv) Driveways shall be located to minimize curb cuts. (v) Each townhouse dwelling may be located on a unit lot subdivided from the parent zoning lot. 41 Window and door openings shall constitute a t least 15 percent of the primary facade and at least 10 percent of a secondary facade on a corner lot. Sec.36.2-410. Fences,walls,arbors,and trellises (b) Fence and wall standards. Created: 2023-08-24 09:31:56 [EST] (Supp. No.89) Page 38 of 58 (3) The maximum height for fences and walls shall be based on the following schedule: Zoning Location on Lot Maximum Height District of Fence or Wall RA, R-12, R-7, R- On a lot with only one (1) lot frontage: 48 inches 5, R-3, RM-1, RM- between the building line and the lot 2, RMF, IN, MX, frontage; or MXPUD On a lot with more than one (1) lot frontage: between the building line on which the principal entrance to the building is situated and the lot frontage which it faces On a lot with more than one (1) lot" 6 feet frontage: between any building line on which the principal entrance to the building is not situated and the lot frontage which that building line faces Any required side or rear yard 6 feet, except where one (1) of these districts abuts a D, ROS, CN,CG,CLS, I- 1, 1-2, IPUD, INPUD,or AD District, maximum height shall be that of the abutting district along that abutting property line D, ROS, CN, CG, Any required yard 8 feet CLS, INPUD, UF, tic I-1, 1-2, IPUD,AD Any required yard 10 feet *** Sec. 36.2-411. Gasoline stations. • • deciduous trees as defined further in Section 36.2 649 sha portion of the lot housing the gasolMe statie+}The trees and 511F s shall meet the minimum planting size a:, listed in Section 36.2 642. (c) Any gasoline station shall provide and maintain a street screen or landscaping strip along any adjacent street right-of-way subject to the following requirements: (1) A street screen shall be a minimum height of 30 inches and maximum height of 42 inches,with vertical support posts of metal or masonry spaced at no more than 8 feet on center. Panels between supports shall be metal,masonry,or both. Metal elements shall be painted or coated and of rigid construction, with no members less than 0.25 inch. Exposed concrete block is not an acceptable finish. Created: 2023-08-24 09:31:56 [EST] (Supp.No.89) Page 39 of 58 (2) A landscaping strip shall be of a minimum depth of eight(8)feet shall be planted with a minimum of one(1)evergreen or deciduous shrub,spaced at a rate of no greater than three(3)feet on center and having a minimum height at planting of twenty-four(24)inches,and (3) The storage of motor vehicles within,upon,or in a manner which overhangs any portion of the required landscaping strip shall be prohibited. (f) Standards in the MXPUD District.Any gasoline station located in the Mixed Use Planned Unit Development District(MXPUD),shall be subject to the following standards: (1) The gasoline station shall not exceed 10 percent of the land area of the overall MXPUD zoned property. (2) Any canopy over a gas pump shall be subject to the following standards: (A) Such canopy shall have a maximum overall height not to exceed the principal building height; • (B) There shall be no illumination of any portion of the fascia of the canopy; (C) Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling.All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site; (D) Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached. (E) Such canopy shall be located no closer than the principal building line to the primary street frontage. *** Sec. 36.2-419. - Motor vehicle repair or service establishment. (b)Additional standards in the CG, CLS, UF, UC, and D District. In addition to the general standards set forth in subsection(a), above, any motor vehicle repair or service establishment in the Commercial-General District (CG), Commercial-Large Site District (CLS), Urban Flex (UF), Urban Center (UC), or Downtown District (D) shall be subject to the following standards: *** Sec. 36.2-429. -Temporary uses. Sec. 36.2-429.Temporary uses. (a) Applicability. Authorized temporary uses,including permitted locations,duration,and maximum number per calendar year,and whether or not a zoning permit is required, shall be as set forth in Table 429-1: Table 429-1.Temporary Uses Created: 2023-08-24 09:31:56 [EST] (Supp. No.89) Page 40 of 58 Activity Zoning Maximum Maximum Zoning Districts Duration Frequency per Permit Where Lot Required? Permitted Auction Any district 3 calendar days 1/Calendar Year No Christmas tree RA, CN,CG,CLS, I- 60 calendar days 1/Calendar Year Yes sales 1, 1-2, UF Construction- Any district For duration of Not applicable Yes related activities construction or model home activity or office,Temporary emergency need Government or Public Services Facility, subject to subsection (b), below Fireworks stand, CG, CLS, UF 30 calendar days 1/Calendar Year Yes subject to Section 21-207 of this Code Mobile food and CN, CG, CLS, D, No limitation Not applicable No beverage vending ROS, UF, UC Industrial districts,and PUD districts Outdoor retail CG, CLS, UF 10 calendar days 4/Calendar Year Yes sales,subject to subsection (c), below Portable storage Any district RA, R-12, R-7, R-5, See maximum Yes containers, R-3, RM-1, RM-2, duration subject to RMF, MX, subsection (d), MXPUD: below •30 consecutive calendar days, except 60 consecutive calendar days when there is a change of residency in a dwelling unit •Limited to 120 days per calendar year - - Created: 2023-08-24 09:31:56 [EST] (Supp.No.89) Page 41 of 58 CN, CG, CLS, I-1, I- 2, D, IN, ROS,AD, INPUD, IPUD, UF, UC: •120 consecutive days •Limited to 120 days per calendar year per lot Produce stand RA, CN, CG, CLS, I- 90 calendar days, Not applicable Yes (not applicable to 1, 1-2, UF limited to 1 community permit per any markets) 90-calendar day period per lot Public events, CN, CG, CLS, D, IN, 14 calendar days Not applicable Yes subject to ROS, I-1, 1-2, IPUD, subsection (e), INPUD, UFLUC below Public events, Any district Two calendar Two/Calendar No exempt from days Year,with an subsection (e) interval of at least below three months between events Temporary,short- Any District 90 consecutive Once/2 Year Yes term filling, calendar day Period grading or borrow period operation, subject to subsection (f) below Yard or garage Any residential 2 consecutive 2,with an interval No sales,subject to district or calendar days, of at least 3 subsection (g), dwelling unit limited to the months between below daylight hours sales (d) Portable storage containers (3) In addition to the general standards set forth in subsection (1)above,portable storage containers in the CN,CG,CLS, I-1, 1-2, D, IN, ROS,AD, INPUD,IPUD,and-UF,and UC Districts shall be subject to the following regulations: Sec. 36.2 431. Townhouses and rowhouscs. Created: 2023-68-24 09:31:56 [EST] (Supp.No.89) Page 42 of 58 • • nhouses and rowhous.ts that permit appropriate densities, minimize curb cuts, and provide for usable open space. It is the intent of this section that townhouses , comfortable, and C * of I nd nd tenon r nd er icy the r. blic purposes . )Applicability. The regulations of this section shall apply in the residential and multiple purpose districts.(c)Standards. Townhouses and rowhouses shall be subject to the following regulations:(1)Contiguous units: No contiguous row of townhouse or-rowhouse dwelling units shall extend more than three hundred (300) fcct.(2)Minimum width for individual townhouse or rowhousc4ots: The The dimensional regulations of the zoning district as regulations.shall not apply to ach individua44et or unit let.(-4)-Pafking: Ale parking spaces or driveways shall be permitted between a public or private street and any principal building, except when parking is provided for each individual townhouse unit and provided further that the townhouse dwelling units-are at least twenty five (25)fc • • and any principal building.(d)Subdivision. Nothing in this chapter shall prevent the creation of a rowhouse zoning lot. Sec. 36.2-551. - Development plans, generally. *** (b) Combination of lots. When a basic or comprehensive development plan involves multiple lots of record, internal lot lines shall be vacated, relocated, or otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision or resubdivision to create a single lot of record. This requirement may be waived by the Zoning Administrator whenever a new building is not being erected across a lot line, and the new construction consists entirely of a fence, a ramp for handicap accessibility, an addition to an existing one or two dwelling buildingsingle family dwelling, or an accessory structure whenever the existing dwelling or accessory structure is already located on a lot line. Sec. 36.2-552. - Basic development plans. (a)Applicability. A basic development plan shall be submitted as part of a zoning permit application for the following activities: (1) Construction of, reconstruction of, relocation of, or addition to a one or two dwelling building single _family detached dwelling, a _single _ Created: 2023-08-24 09:31:56 [EST] (Supp.No.89) Page 43 of 58 fa-}y-dwell- g or permitted accessory structure and including associated grading and clearing, where such grading and clearing does not involve adjoining lots; or, (2)_Construction of, reconstruction of, relocation of, or addition to a one or two dwelling building single- r permitted accessory structure and including associated grading and clearing, on any lot within a subdivision with a valid subdivision site plan; or Sec. 36.2-622. - Exempt lighting. The following outdoor lighting shall be exempt from the requirements of this division: (I)_Floodlights mounted on buildings containing one to eight dwellings single-_f m'ly dwellings, t-wo-famil , i s-`provided that the lighting is mounted to the structure below the eaves or parapet, is designed to provide light in a concentrated distribution rather than a broad distribution of light in all directions, and is aimed, directed or shielded so as not to present glare on abutting lots or streets and to minimize spill light trespassing upward or across lot lines. Created: 2023-08-24 09:31:56 [EST] (Supp.No.89) Page 44 of 58 Sec. 36.2-644. Overall tree canopy requirements. * * * (b) Applicability. (1) This section shall apply to any development that requires submission of a comprehensive development plan or a basic development plan, except that: (B) Construction of an addition to or accessory structure associated with an existing one or two dwelling building ' , provided that no required trees are removed as part of the project, shall be exempt from the requirements of this section. Sec. 36.2-646. Facade planting. Buildings Structures containing , dwellings shall be subject to the following landscaping requirements: *** Table 647-1. Buffering and Screening of Certain Uses and Activities Activity or Use Location Buffering Minimum or Height Screening Materials Wall of a principal building Between the wall and an abutting residential district or MXPUD Buffer: None that contains less than 15% district. Deciduous transparency trees and evergreen shrubs Base of a retaining wall 5 or Between the wall and an abutting residential district,multiple Buffer: 18 inches more feet in height within purpose district,or PUD district,or between the wall and any public Evergreen 10 feet of property line right-of-way. shrubs Any commercial or Between the location of the activity and any abutting residential Screen:Solid 8 feet industrial process or activity district,multiple purpose district,or PUD district,located within 15 fence or wall occurring outside of a feet of property line of the abutting lot or lots. wholly enclosed building treated: 2023-08-24 09:31:56 [EST] (Supp. No.89) Page 45 of 58 Loading area,bay door, Between the loading area or loading dock and any abutting Screen:Solid 6 feet loading dock,or truck residential district,multiple purpose district,or PUD district. fence,wall,or terminal evergreen tree screen Refuse container storage Perimeter of the refuse container storage area Screen:Solid 12"above the area Exception:Not required where the aggregate capacity of refuse fence or wall height of tallest containers is less than 0.5 cubic yard container Ground-mounted Perimeter of the mechanical equipment that Screen: 6"above the mechanical would otherwise be visible from any street Fence or height of the equipment, more frontage or adjacent property wall with tallest unit than 36 inches in Exception: Not required where the use is a a height maximum dwr'!!ingone or two dwelling building. of 40% open area Ground-mountec Perimeter of the mechanical equipment that Option 1 Option 1 6" mechanical would otherwise be visible from any street Fence or above the equipment up to 36 frontage or adjacent property wall with height of the inches in height Exception: Not required where the use is a-single a tallest unit or one or maximum Option 2 18 two dwelling building. of 40% inches at open area planting Option 2 Evergreen shrubs Mechanical equipment or Perimeter of the mechanical equipment that would otherwise be Screen:Fence Y vertical height of roof visible from any street frontage or wall with a equipment from Exception:Not required in any industrial district maximum of adjacent street 40%open area. Car wash Between wash bay openings and any abutting residential district, Screen:Solid 6 feet multiple purpose district,or PUD district. fence,solid wall,or evergreen tree screen Commercial motor vehicle Between any display or service areas and any abutting residential Screen:Solid 6 feet sales or service,new or district fence,solid used,or commercial motor wall,or vehicle storage area evergreen tree screen Drive-through facilities Between any speaker and any abutting residential district,where Screen:Solid 6 feet the speaker is directed toward the abutting residential district wall Gasoline stations Between the pumps and canopy and any abutting residential Screen:Solid 6 feet district fence,solid wall,or evergreen tree screen unkyards,wrecker yards, Perimeter of any area where the storage,collection,processing or Screen:Solid 6 feet and recycling centers other associated activity occurs,and which is not wholly enclosed fence or solid within a building wall,and evergreen tree screen Motor vehicle or trailer Perimeter of any area used to store any visibly damaged or Screen:Solid 6 feet painting and body repair inoperative vehicles fence,solid wall,or evergreen tree screen Created: 2023-es .'9:31:56 [EST] (Supp.No.89) Page 46 of 58 Motor vehicle repair or Perimeter of any area used to store any visibly damaged or Screen:Solid 6 feet service establishment inoperative vehicles fence,solid wall,or evergreen tree screen Motor vehicle sales and Between the display area and any abutting residential district Screen:Solid 6 feet service establishment,nev, fence,solid or used wall,or evergreen tree screen Outdoor sports facility Between the facility and any abutting residential district. Buffer: None Deciduous trees Outdoor storage or self- Between the storage area and any abutting residential district, Screen:Solid 6 feet storage facility multiple purpose district,or PUD district.Between the storage area. fence,solid and any residential district,multiple purpose district,or PUD wall,or district across a street evergreen tree screen Outdoor storage lot Between the storage area and any abutting residential,multiple Screen:Solid 6 feet purpose district,or PUD district and between the storage area and fence,solid any residential,multiple purpose,or PUD district across a street wall,or Along street frontage when not abutting a residential,multiple evergreen purpose,or PUD district across a street. tree screen Deciduous trees Portable storage container Between container storage area and any abutting residential Screen:Solid 6 feet as accessory use district,multiple purpose district,or PUD district. fence or solid wall Recycling collection point Between any receptacle and any abutting residential district, Screen:Solid 6 feet multiple purpose district,or PUD district, fence or solid wall Towing services Perimeter of any storage area for damaged or inoperative motor Screen:Solid 6 feet vehicles or trailers fence or solid wall Wireless Perimeter of the base of the facility and equipment Screen:Solid 6 feet telecommunications facility fence,solid equipment wall,or evergreen tree screen Wireless Frontage facing a street or side visible from a public street or visible Buffer: telecommunications tower, from an abutting residential district Evergreen less than 100 feet in height trees Wireless Frontage facing a street or side visible from a public street or visible Buffer:Large telecommunications tower, from an abutting residential district dec 100 feet in height or trees greater Sec. 36.2-654. Parking and loading area standards. (a) General standards. Parking and loading areas shall be subject to the following general requirements: (4) Parking and loading areas shall be so designed as not to require or permit maneuvering to and from a street to access or exit a parking space,except Created: 2023-08-24 09:31:56 [EST] (Supp. No.89) Page 47 of 58 such maneuvering to and from a street shall be permitted on a lot containing buildings with eight or fewer dwellings. * * * Table 654-1. Parking and Loading Area Standards Standards for lots containing Standards for all other uses and buildings with eight or fewer zoning districts dwellings sin ily , � lling u nits „l„ structure on a single parcel, and driveways regardless of district Material Standards: All parking areas, loading areas, Improved surface required Improved surface required driveways and loading spaces, No curbing required Curbing around all loading areas excluding parking structures Exceptions: and all parking areas with 7 or Concrete runners with more spaces, including any vegetated center and edge interior islands strips (ribbon driveway) Exceptions: Gravel permitted behind Gravel permitted: 1) behind building line where access is off building line where access is off an alley an alley, 2)fleet storage, Gravel permitted for all parking commercial vehicle storage, or and loading areas in RA District 3)any area in an ROS District Curb not required where LID approach is used for stormwater management Parking structures and garages Exterior driveways as above. Exterior driveways as above. Interior construction in Interior construction in accordance with the Uniform accordance with the Uniform Statewide Building Code. Statewide Building Code. Location Standards: Driveway/parking area location Predominantly located toward 1 Parking area prohibited relative to principal structures side of the principal structure. between right-of-way and Parking spaces shall not be principal building line. located within the middle third Exception: of the front façade, exclusive of Lots in CG District with less than garages. 100 feet of frontage, and CLS, (- Exception: 1, 1-2,AD Districts Circular driveways Townhouses as required by Section 36.2-434409.1 Created: 2023-08-24 GS:31:56 [EST] (Supp. No.89) Page 48 of 58 Minimum distance between 20 feet 40 feet driveway entrance/exit and a street intersection Setbacks, any property line None 5 feet 5 feet abutting a street Exceptions: Not applicable for Exception: Not applicable to a single family dwellings,two parking area where a street family dwellings and screen is used. d rivewways Not applicable to a parking ar where a street screen is used. Dimensional Standards: Front yard coverage: Maximum 30 percent of the lot area No maximum area of driveways and parking between the right-of-way and areas in established front yard the building line Exception: The maximum area specified shall not apply to any areas where a permeable paver system is used. Width: Cumulative width of all Cumulative width of driveway Cumulative width of driveway driveway entrances at frontage entrances shall not exceed 30 entrances shall not exceed 30 percent of the lot frontage percent of the lot frontage Exceptions: Exception: 10 feet minimum width for all 18 feet minimum width for all lots lots The maximum area specified shall not apply to any areas where a permeable paver system is used. Width: Minimum individual 7 feet R-12, R-7, R-5, R-3, R-A, RM-1 driveway width (applies One way: 10 feet between right-of-way and Two way: 18 feet building line) RM-2, RMF,all multiple purpose districts One way: 12 feet Two way: 15 feet Industrial Districts One way: 12 feet Two way: 18 feet Width: Maximum individual 20 feet or half of the front lot R-12, R-7, R-5, R-3, R-A, RM-1 driveway width (applies line length,whichever is less One way: 12 feet between right-of-way and Exceptions: Two way: 24 feet building line) For lots having a primary street frontage of 90 feet or greater, RM-2, RMF, all multiple purpose 49 the maximum width shall be 30 districts feet. One way: 15 feet Maximum driveway width shall Two way: 24 feet not apply to any areas where a permeable paver system is Industrial Districts used. One way: 18 feet Two way: 30 feet Maximum cross slope where a 2 percent 2 percent driveway crosses a sidewalk Operational Standards: Pedestrian access required per No No § 36.2-654(c) Exception: Requirement applies to CG and. CLS Districts Unobstructed access from Yes Yes parking spaces to Exception: driveway/drive aisle Does not apply to one or two dwelling buildings,inglc family clwel-1444gs Parking space dimensional 9'x 18' area for each required Table 654-2 for required standards parking space provided, parking adequate maneuvering space Exception: from parking space to Parking structures driveway/drive aisle Exception: Garages Special Provisions for Corner and Through Lots(provisions apply to all frontages unless otherwise listed below): Corner lots Material: Gravel permitted Material: Gravel permitted behind building line of the behind building line of 2 facade with the principal frontages when access is from entrance and 1 intersecting an alley. street/building line when access is from an alley. Location: Standards apply to all frontages with the exception of Location: Driveway/parking parking between a building and area location relative to the right-of-way. This principal structures requirement applies as follows: requirement applies only to the facade of the principal structure CN, CG, D, UF, UC, IN, and MX containing the principal Districts:Applies to both entrance to the building and 1 frontages where the maximum intersecting frontage.The front yard is met. location of parking spaces shall All residential districts:Applies be located predominantly to the to 1 front yard,where side of the combined maximum front yards apply; intersecting facades. standard shall apply to 1 of the 50 front yards where the maximum Dimensional:Width standards front yard is met. apply to all frontages. Lot coverage standards apply to Dimensional: Apply to all frontage of principal entrance frontages. and 1 intersecting frontage. Through lots Location: Standards apply to all Location: Standards apply to all frontages with the exception of frontages with the exception of location relative to principal parking between principal structures.This requirement structures and the right-of-way. applies only to the frontage of This provision applies only to 1 the structure with the primary frontage and shall be the entrance. frontage where the maximum front yard is met where Dimensional standards: maximum front yards apply. Minimum and maximum driveway width standards do not apply between the structure and the minimum front yard for the frontage that does not contain the primary entrance to the structure.The maximum area of driveways and parking areas in established front yard standard does not apply to the front yard that does contain the primary entrance to the structure. (d) Maximum driveway widths as set forth in Table 654-1 may be exceeded in accordance with the following provisions: * * * (3) For lots containing a one dwelling building with a garage,an increase in the maximum driveway width shall be permitted to allow the required flaring for motor vehicles to enter the driveway. Sec. 36.2-668. - On-premises signs, generally. *** Table 668-1.Type,Number,and Size of On-Premises Signs District Type Maximum Maximum Sign Maximum Maximum Permitted Permitted Number of Area Sign Area Height Characteristics Signs 51 RA, R- None Not Applicable Not Applicable Not Not Not Applicable 12, R-7, Applicable Applicable R-3, None Not Applicable Not Applicable Not Not Not Applicable RM-1 Applicable Applicable RM-2, Freestanding 1 sign 25 sf 25 sf per 6 ft Identification RMF structure per sign sign only lot frontage structure Building- 25 sf 25 sf Not mounted Applicable MX, CN, Freestanding 1 sign 0.5 sf per If of 32 sf per 6 ft Illuminated IN, ROS, structure per lot frontage sign Changeable UF frontage structure copy. Building- None 32 sf plus 0.5 . None Not Electronic mounted sf per If of Applicable readerboard building face permitted in or storefront CN and IN over 32 If, plus additional area per§36.2-677 CG Freestanding 1 sign 1 sf per If of 100 sf per 25 ft Illuminated structure per lot sign Changeable frontage frontage structure copy Building- None 32 sf plus 1 sf None Not Electronic mounted per If of Applicable readerboard building face or storefront over 32 If, plus additional area per§36.2-677 Upper-story None 10%of facade None Not Illuminated area, Applicable maximum 300 sf CLS Freestanding 1 sign 1 sf per If of 150 sf per 25 ft Illuminated structure for lot sign Changeable first 200 linear frontage structure copy feet of lot Electronic frontage. 1 readerboard additional sign for each additional 200 feet of lot frontage up to 4 signs Building- None 32 sf plus 1 sf None Not Illuminated mounted per If of Applicable Changeable building face copy 52 or storefront Electronic over 32 If, plus readerboard additional area per§ 36.2-677 Upper-story None 10%of facade None Not Illuminated area, Applicable maximum 300 sf D LC Freestanding 1 sign 0.5 sf per If of 32 sf per 6 ft Illuminated structure per lot frontage sign Changeable frontage structure copy Public service message board Electronic readerboard Building- None 32 sf plus 1 sf None Not Illuminated mounted per If of Applicable Changeable building face copy or storefront over 32 If, plus additional area per§ 36.2-677 Upper-story None 10%of facade None Not Illuminated area, Applicable maximum 300 sf I-1, 1-2, Freestanding 1 sign 0.5 sf per If of 125 sf per 16 ft Illuminated AD structure per lot frontage sign Changeable frontage structure copy Building- None 32 sf plus 1 sf None Not Electronic mounted per If of Applicable readerboard building face or storefront over 32 If, plus additional area per§ 36.2-677 MXPUD, As specified by the PUD development plan,or same as CG when not specified by plan. INPUD, IPUD "sf" means square feet, "If" means linear feet, "ft" means feet,and "n/a" means not applicable. "None" means no limit. Sec. 36.2-669. - Changeable copy signs and electronic readerboard signs. 53 (b) Electronic readerboard signs shall be subject to these requirements: (3) An electronic readerboard in a CN, D, IN, UC, or CG District shall not exceed twenty-five (25) square feet in sign area. Sec. 36.2-817. - Powers and duties. *** (c) Zoning code and map amendments. *** Appendix A - Definitions on the same lot ac a single-family detached dwelling Boardin} basis, where no more than a total of six (6) persons reside where the rental or teases are for eres.`such establishment is not open to the public or overnight n n house. Business services-establishment: An establishment primarily engaged in the sale, leasing, or repair of office equipment, supplies, and materials, or the rendering of services used by office, professional, and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, management and consulting services, office security services, advertising and mailing services, data and records storage, janitorial services, employment or temporary labor services and other professional, scientific, or technical services or administrative or support services not otherwise specifically listed in the Use Tables in Article 3 of this chapter. Community housing services: a small scale operation providing temporary occupancy, and which may provide mental health counseling, employment services, permanent housing assistance, and other supportive services.The temporary housing capacity of a community housing services operation shall be limited to twelve people. employees-of•soh-test+tutiof 54 Dwelling: A building, or portion thereof, designed to be used for continuous, year round including the following specific types: (1) Dwelling, Single family, attached: A one family dwelling unit, with its own independent individual lot. {24- Dwelling, Single family detached: A site built, modular, or industrialized building lot and which is not attached to any other dwelling by any means. {3) Dwelling, Two family:A buil designed for occupancy by not more than two (2) families. (1) Dwelling, Multifamily: A building, a portion of a building, or multiple buildings on a of dwelling units provided. (5) Dwelling, Manufactured home:A factory-built, single-family unit dwellingstructure, transportable in one (1) or more sections, subject to federal regulations and constructed after June 15, 1976, which is constructed on a chassis for towing to the point of use, and is not less than nineteen (19) feet in width when assembled, and is set up on a permanent foundation on an individual lot for continuous year-round occupancy as a single family unit dwelling when connected to the required utilities. (6) Dwelling, Mobile home: A structure, transportable in one (1) or more sections, not subject to federal regulations and constructed prior to June 15, 1976, which is constructed on a chassis for towing to the point of use and designed to be used, with or without permanent foundation, for continuous year-round occupancy as a single-unitfami-l-y dwelling when connected to the required utilities. {7) Dwelling, Townhouse or rowhouse: A one family dwelling unit, with its own independent entrance at ground level, which is part of a building consisting of three (3) or more one family dwelling snits, attached horizontall„ a linear arrangement and separated by common „er+ical Dwelling: a room or group of connected rooms designed for occupancy by a household as an independent housekeeping unit for 30 days or longer. Dwelling types: This code identifies the following types of dwellings for the purpose of providing supplemental regulations that prescribe form, location, and orientation. Accessory dwelling: an additional dwelling on a lot where the principal use is a one dwelling building on a lot. (synonyms: Accessory dwelling unit, ADU, accessory apartment) 55 One and two dwelling building: a building that contains one or two dwellings. (synonyms: single-family detached dwelling, single-family attached dwelling, two-family dwelling, duplex dwelling). Cottage court: a group of two or more buildings that contain three or more dwellings that are limited to 1,000 square feet of gross floor area. with buildings and entrances oriented onto a central court for common access. (Synonym: Courtyard housing) Townhouse building: A building containing two or more dwellings connected by vertical walls, with each dwelling having an independent entrance. (Synonyms: rowhouse, single-family attached dwelling) Single facade apartment building: a building that contains three to eight dwellings and has a single primary facade. Multiple facade apartment building: a building that contains three to eight dwellings and has two or more primary facades. (synonym: courtyard apartment) Large apartment building: a building containing nine or more dwellings. Financial services insfitufien:The provision of financial and banking services to consumers or clients, including banks, savings and loan associations, credit unions, lending establishments, and mortgage offices, and which may include their support services such as call centers, training centers, and offices. houses, transitf -below: fa}Eongregate horn-A-group- afe-facility rovidlag accommodation and-sepervision-to individ or -not ama}or-e ement-af di lulling--homes-#er-orphans; foster--children; ea woraen-er-shildfen; the elderly, pregnantteenagers, nonresident families of hospitalized patients, mentally handicapped,-or-similar-uses, (-2)-Group care-ho A-group-care-facility--hwhioh-fr}ere ill; disabled-persons-Beside-with-one-{ }-er ore-resident counselors or other staff persons. being released--from-e correetioeal facility or-ether-instit+tiers-: 56 (4)Nursing home:A-group care facility providing long term-accommodation to elderly, mentally or-physically handicapped,or-other-individuals incapacitated in some manner-for-medical reasons and where primary or nonprimary medical treatment facilities are a component of the use. • generally-integrated with ether social services-and-counseling programs to-assist-in-the-transition Group ham: staff-persons,-and-for-which-the-Department al-Health-an -0 developmental Services-is Fes---purposes the Code of Virginia{ Group living: permanent occupancy of a building by nine or more people who may be unrelated and who may receive supportive services or medical care. Group living is characterized by common areas and centralized food services and are distinguished from an apartment building by having no independent dwellings. Such living arrangements may be commonly referred to as nursing homes, congregate care, or group care. Household: a person or group of persons living within a dwelling and sharing kitchen facilities, sanitation facilities, and common areas. A household may have one of the following types of occupancy: (a) A family of related persons of unlimited number. (b) A family defined as up to eight persons with mental illness, intellectual disability, or developmental disability who reside with one or more resident or nonresident staff persons in a residential facility for which the Department of Behavioral Health and Developmental Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. (c) A family defined as up to eight aged, infirm, or disabled persons who reside with one or more resident counselors or other staff persons in a residential facility for which the Department of Social Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. (d) A group of up to eight persons who may not be related and may receive supportive services or medical care. 57 Permanent occupancy: Occupancy for any period of 30 days or longer. Regional housing services: an operation providing temporary occupancy, and which may provide mental health counseling, employment services, permanent housing assistance, and other supportive services. The temporary housing capacity of a regional housing services operation is not limited. 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A) a' O 0 (D CD 3 ci) su x The Roanoke Times Account Number Roanoke,Virginia 6011439 Affidavit of Publication Date CITY OF ROANOKE-PBD March 11,2024 Attn TINA CARR 215 CHURCH AVE ROOM 166 ROANOKE,VA 24011 Date Category Qer.*:t'tvp Ad Size Total Cost 03/12/2024 Legal Notices PUBLIC HEARING 2 x 19.75 IN 6,496.37 Publisher of the Roanoke Times I,(the undersigned)an authorized representative of the Roanoke Times,a daily newspaper published in Roanoke, in the State of Virginia,do certify that the annexed notice PUBLIC HEARING was published in said newspapers on the following dates: 03/04,03/11/2024 The First insertion being given... 03/04/2024 Newspaper reference: 000146991.8 Billing Representative Sworn to and subscribed before me this 11th Day of March zo24 Notary Public State of Virginia Richard A Hundley County of Hanover Notary Pubic My Commission expires Commonwealth of Virginia Reg.S79011041 Commission Exp.Jan.31,2028 THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber. 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 httpsJ/roanokeva. gov/2019/Commissions or may be obtained digitally by emailing planning@roano keva.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,March 8,2024. Cecelia F.McCoy,CMC,City Clerk The City of Roanoke Planning Commission will hold a public hearing on March 11, 2024,at 1:30 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.The applications are available for review online at https://roanokeva.gov/2019/Comm issions or may be obtained digitally by emailing planning@roanokeva.gov.All persons wishing to address the Planning Commission must sign-up with the Sec- retary to the Planning Commission by emailing planning@roanokeva.gov or by calling(540)853-1730 no later than three business days before the public hearing. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning@roanokeva.gov no later than three business days before the public hearing. Application by 1729 Patterson Avenue LLC to rezone the property located at 1729 and 0 Patterson Avenue SW;bearing Official Tax Map Nos.1212309 and 1212310 (respectively),from MX,Mixed Use District,to INPUD,Institutional Planned Unit Development District,subject to the Development Plan that specifies uses,loca- tion of buildings and infrastructure,site access,and building design.The land use categories permitted in INPUD include residential;accommodations and group living;commercial;industrial;assembly and entertainment;public,institutional and community;transportation;utility;agricultural;and accessory,with the max- imum density as specified on the Development Plan.The comprehensive plan designates the property for mixed use.The proposed use is group care facility, halfway house,and other uses as noted on the PUD plan. Proposed amendments to Chapter 362,Zoning,of the Code of the City of Roanoke (1979),as amended,by amending and reordaining,adding,or deleting the follow- ing code sections to remove barriers for the creation of affordable housing,to make the zoning code consistent with state code,to create an additional zoning district(UC Urban Center),and to make changes to the use tables for residential, multiple purpose,industrial,and planned unit development districts;such amend- ments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district,unless otherwise noted: 1. Section 36.2-100.Title,changes title to"zoning code"; 2. Section 362-105,Rules of interpretation and construction,changes to construc- tion of language; 3.Section 36.2-201,Establishment of districts,changes to the naming convention of zoning districts; 4. Section 36.2-205,Dimensional regulations,changes to dwellings permitted on a lot,changes to lot frontage requirements; 5. Section 36.2-300,Purpose,changes to purpose statement; 6. Section 362-310,Purposes of the residential districts,changes to the purpose statements of the residential districts; 7.Section 36.2-311,Use table for residential districts,changes to the permitted uses in residential districts; 8.Section 36.2-312,Dimensional regulations for residential districts,changes to the dimensional regulations for residential districts; 9.Section 362-314,Purposes of the multiple purpose districts,changes to the purpose statement of the MX,Mixed Use District,addition of a purpose statement for the UC Urban Center; 10.Section 36.2-315,Use table for multiple purpose districts,changes to the per- mitted uses in the multiple purpose districts,addition of a column in the use table for the UC Urban Center; 11.Section 36.2-316,Dimensional regulations for multiple purpose districts, changes to the dimensional regulations for multiple purpose districts,addition of a column in the dimensional regulations table for the UC Urban Center, 12.Section 361-322,Use table for industrial districts,changes to the permitted uses in the industrial districts; 13.Section 361-327,Use table for planned unit development districts,changes to the permitted uses in the planned unit development districts; 14.Section 36.2-328,Dimensional regulations for planned unit development dis- tricts,changes to the dimensional regulation table; 15.Section 36.2-332,Neighborhood Design Overlay District(ND),changes to de- sign standards of the Neighborhood Design Overlay District; 16.Section 362-336,Comprehensive Sign Overlay District,change to title refer- ence; 17.Section 361-402,Accessory apartments,removal of code section; 18.Section 36.2-405,Bed and breakfast,homestay,and short-term rental estab- lishments,changes to dwelling naming convention references; 19.Section 36.2.409.1,Dwellings,addition of a design standards for specific dwelling types; 20.Section 36.2-410,Fences,walls,arbors and trellises,add reference to the UC Urban Center; 21.Section 361-411,Gasoline Stations,changes to the design standards for gaso- line stations; 22.Section 36.2-419,Motor vehicle repair or service establishment,addition of a reference for UC Urban Center; 23.Section 361-429,Temporary uses,addition of a reference for UC Urban Center; 24.Section 36.2-431,Townhouses and rowhouses,removal of section; 25-Section 36.2-551,Development plans,generally,changes to dwelling naming convention references; 26.Section 361.552,Basic development plans,changes to dwelling naming con- vention references; 27.Section 36.2-622,Exempt lighting,changes to dwelling naming convention ref- erences; 28.Section 36 2.644,Overall tree canopy requirements,changes to dwelling nam- ing convention references; 29.Section 36.2-646,Facade planting,changes to dwelling naming convention ref- erences; 30.Section 36.2-647,Buffering and screening,changes to dwelling naming con- vention references in Table 647-1; 31.Section 36.2-654,Parking and loading area standards,changes to dwelling naming convention references; 32.Section 36.2-668,On-premises signs,generally,addition of a reference for UC Urban Center in table 668-1; 33.Section 361-669,Changeable copy signs and electronic readerboard signs,ad- dition of a reference for UC Urban Center, 34.Section 36/-817,Powers and duties,change to title reference; 35.Appendix A,Definitions,additions,removal,and changes to definitions; The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. Emily G.Clark,Secretary,City Planning Commission City Council will hold a public hearing on the aforesaid matters on Monday,March 18,2024,at 7:00 p.m.,or as soon thereafter as the matters may be heard,in the City Council Chamber,Fourth Floor,Room 450,Noel C.Taylor Municipal Building, 215 Church Avenue SW,Roanoke,Virginia.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 Up Form to Speak Before Council"on the left of the screen.Sign up forms must be received by noon on March 18,2024.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 con- tact the Office of the City Clerk at(540)853-2541. Cecelia F.McCoy,CMC,City Clerk 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 interpretacidn sin costo por todas citas publicas,previa solicitud.Si usted desea solicitar un interprete,haganoslo saber con al menos 24 horas de antelacidn por Ilamar(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. 7??77777?????7 7777777??77 7??77777 77777 7777 777 77777 777777 77777 77 777777 7)77777 777 7711 7)1177717 777777 77777 777777 77777 77777 24????777???????????????????????853- 1283(540)??77 7?77777 777777? 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, March 8, 2024. Cecelia F. McCoy, CMC, City Clerk The City of Roanoke Planning Commission will hold a public hearing on March 11, 2024, at 1:30 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. The applications are available for review online at https://roanokeva.gov/2019/Commissions or may be obtained digitally by emailing planning@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 no later than three business days before the public hearing. Written comments of interested persons will be received by the Secretary to the Planning Commission at planning a,roanokeva.gov no later than three business days before the public hearing. Application by 1729 Patterson Avenue LLC to rezone the property located at 1729 and 0 Patterson Avenue SW;bearing Official Tax Map Nos. 1212309 and 1212310 (respectively), from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development District, subject to the Development Plan that specifies uses, location of buildings and infrastructure, site access, and building design. The land use categories permitted in INPUD include residential; accommodations and group living; commercial; industrial; assembly and entertainment; public, institutional and community; transportation; utility; agricultural; and accessory, with the maximum density as specified on the Development Plan. The comprehensive plan designates the property for mixed use. The proposed use is group care facility, halfway house, and other uses as noted on the PUD plan. Proposed amendments to Chapter 36.2, Zoning, of the Code of the City of Roanoke(1979), as amended,by amending and reordaining, adding, or deleting the following code sections to remove barriers for the creation of affordable housing, to make the zoning code consistent with state code, to create an additional zoning district (UC Urban Center), and to make changes to the use tables for residential, multiple purpose, industrial, and planned unit development districts; such amendments not constituting a comprehensive rezoning or change of any densities that would decrease permitted density in any district, unless otherwise noted: 1. Section 36.2-100, Title, changes title to "zoning code"; 2. Section 36.2-105,Rules of interpretation and construction, changes to construction of language; 3. Section 36.2-201, Establishment of districts, changes to the naming convention of zoning districts; 4. Section 36.2-205, Dimensional regulations, changes to dwellings permitted on a lot, changes to lot frontage requirements; 5. Section 36.2-300, Purpose, changes to purpose statement; 6. Section 36.2-310, Purposes of the residential districts, changes to the purpose statements of the residential districts; 7. Section 36.2-311, Use table for residential districts, changes to the permitted uses in residential districts; 8. Section 36.2-312, Dimensional regulations for residential districts, changes to the dimensional regulations for residential districts; 9. Section 36.2-314, Purposes of the multiple purpose districts, changes to the purpose statement of the MX, Mixed Use District, addition of a purpose statement for the UC Urban Center; 10. Section 36.2-315, Use table for multiple purpose districts, changes to the permitted uses in the multiple purpose districts, addition of a column in the use table for the UC Urban Center; 11. Section 36.2-316, Dimensional regulations for multiple purpose districts, changes to the dimensional regulations for multiple purpose districts, addition of a column in the dimensional regulations table for the UC Urban Center; 12. Section 36.2-322, Use table for industrial districts, changes to the permitted uses in the industrial districts; 13. Section 36.2-327,Use table for planned unit development districts, changes to the permitted uses in the planned unit development districts; 14. Section 36.2-328, Dimensional regulations for planned unit development districts, changes to the dimensional regulation table; 15. Section 36.2-332, Neighborhood Design Overlay District (ND), changes to design standards of the Neighborhood Design Overlay District; 16. Section 36.2-336, Comprehensive Sign Overlay District, change to title reference; 17. Section 36.2-402, Accessory apartments, removal of code section; 18. Section 36.2-405, Bed and breakfast, homestay, and short-term rental establishments, changes to dwelling naming convention references; 19. Section 36.2-409.1, Dwellings, addition of a design standards for specific dwelling types; 20. Section 36.2-410, Fences, walls, arbors and trellises, add reference to the UC Urban Center; 21. Section 36.2-411, Gasoline Stations, changes to the design standards for gasoline stations; 22. Section 36.2-419, Motor vehicle repair or service establishment, addition of a reference for UC Urban Center; 23. Section 36.2-429, Temporary uses, addition of a reference for UC Urban Center; 24. Section 36.2-431, Townhouses and rowhouses, removal of section; 25. Section 36.2-551, Development plans, generally, changes to dwelling naming convention references; 26. Section 36.2-552, Basic development plans, changes to dwelling naming convention references; 27. Section 36.2-622, Exempt lighting, changes to dwelling naming convention references; 28. Section 36.2-644, Overall tree canopy requirements, changes to dwelling naming convention references; 29. Section 36.2-646, Façade planting, changes to dwelling naming convention references; 30. Section 36.2-647, Buffering and screening, changes to dwelling naming convention references in Table 647-1; 31. Section 36.2-654, Parking and loading area standards, changes to dwelling naming convention references; 32. Section 36.2-668, On-premises signs, generally, addition of a reference for UC Urban Center in table 668-1; 33. Section 36.2-669, Changeable copy signs and electronic readerboard signs, addition of a reference for UC Urban Center; 34. Section 36.2-817, Powers and duties, change to title reference; 35. Appendix A, Definitions, additions, removal, and changes to definitions; The ordinances adopting the amendments described above shall be effective upon adoption by the City Council for the City of Roanoke. Emily G. Clark, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid matters on Monday, March 18, 2024, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, Fourth Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue SW, Roanoke, Virginia. 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 Up Form to Speak Before Council" on the left of the screen. Sign up forms must be received by noon on March 18, 2024. 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 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. J;1.4 jSl �,IiS o j Ls.e11f4- kJ iil�J91 a yoc uL.4 AaA `�J9'� I,L.(540) 853-1283 u94 ,..).1-":3 L �Jt J4 24 jjL,?y, Please publish in newspaper on Monday, March 4, 2024, and Monday, March 11, 2024. Please bill and send affidavit of publication by USPS and via email to: 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.clarkgroanokeva.gov Cecelia Webb From: Ruth Visuete Perez Sent: Friday, March 1, 2024 9:17 AM To: Cecelia Webb;Windsor Nevitt Subject: FW: [EXTERNAL] Fw: [EXTERNAL] Fw: business on murray ave 679 From: Duane Howard <starcityflyer@aol.com> Sent:Thursday, February 29, 2024 3:17 PM To: City Clerk<City.Clerk@roanokeva.gov> Cc: Henri Gendreau<editor@roanokerambler.com>; luke.weir@roanoke.com; news@wdbj7.com; W S E T <newsdesk@wset.com>; Curry Copy Center<currygirl@aol.com>; news@wsls.com Subject: [EXTERNAL] Fw: [EXTERNAL] Fw: business on murray ave 679 You don't often get email from starcityflyer@aol,com.Learn why this is important CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear Mayor and City Council members. The "YES" response from Chris Chittum was from me sending him an email regarding a home business operating on Murray Ave. S.E. This is but ONE small reason why the Zone change will have the most profound negative impact on S.E...Other neighborhoods do not have their greatest population of slumlords and I don't know what the polite word would be for the standard population of Rednecks", , would be that we have. We are saturated with commercial vehicle up to and including huge tractor trailer cabs that are often parked in our neighborhood that there is simply no code or law enforcement .... That blud P.T Cruiser parked over at 7th& Dale Ave that I've been reporting on ro4 God only knows how long and including reports to the Pmoved foe is r many. As a months now. Again this problem er it has 21 license Plates over 21 inspection sticker and has not been S.E. and you want to enhance and bring more of this to S.E. which this Zoning Change. Interesting how I keep sending these to the media and no MEDIA is interested in bringing this to the pubics attention, not that much of the population pays any attentiion to news outlets today. This is also why I argue against this Zoning Change. I'd like to ask the city officials who are pushing the Zoning change a report of how many citizens are attending the public forum that have be held at the neighborhood libraries? E. Duane Howard, 50 yr. expert on housing issues. Forwarded Message From: Chris Chittum <chris.chittum(a�roanokeva.gov> To: Duane Howard <starcityflyer(paol.com> Sent: Thursday, February 29, 2024 at 11:28:28 AM EST Subject: RE: [EXTERNAL] Fw: business on murray ave 679 1 Yes. Chris Chittum, AICP, CNU-A (he/him) Executive Director of Community Development and Placemaking City of Roanoke (540) 797-8686 (phone and text) From: Duane Howard <starcityflyer(c�aol.com> Sent: Wednesday, February 28, 2024 6:29 PM To: Chris Chittum <chris.chittum(a�roanokeva.gov> Subject: [EXTERNAL] Fw: business on murray ave 679 You don't often get email from starcitytlyergi,aol.com.Learn why this is important CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Chris, is this legal? Duane Forwarded Message From: Duane Howard <starcityflyer(c�aol.com> To: starcityflyer(a�aol.corn <starcityflyer(a�aol.com> Sent: Thursday, February 15, 2024 at 01:51:22 PM EST Subject: business on murray ave 679 KAB Cleaning Services 2 Cecelia Webb From: Ruth Visuete Perez Sent: Friday, March 1, 2024 9:20 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Proposed Zoning Reform (for Complete Neighborhoods) Attachments: Slone Comments Zoning Reform for Complete Neighborhoods Roanoke 2024.pdf From: Evie Slone <evieslone@aol.corn> Sent:Thursday, February 29, 2024 8:13 PM To:Sherman Lea <sherman.lea@roanokeva.gov>;Joseph L. Cobb<joseph.cobb@roanokeva.gov>; Peter Volosin <peter.volosin@roanokeva.gov>; Trish White-Boyd<trish.white-boyd@roanokeva.gov>; Stephanie Moon <stephanie.moon@roanokeva.gov>; Luke Priddy<luke.priddy@roanokeva.gov>; Vivian Sanchez-Jones<vivian.sanchez- jones@roanokeva.gov> Cc: Bob Cowell<bob.cowell@roanokeva.gov>; Chris Chittum <chris.chittum@roanokeva.gov>; City Clerk <City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Proposed Zoning Reform (for Complete Neighborhoods) You don't often get email from evieslone@aol.com.Learn why this is important CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Please find attached my extensive comments on the Proposed Zoning Reform that is under consideration for adoption (Planning Commission in March). As a former city planner/director who was involved and responsible for some of the advances in neighborhood preservation and community growth in the past, I felt that I needed to share with you my perspective and reasoning. I attended meeting on 2/29/2024 at the Raleigh Court Libraryand was quite disappointed thea which did not sufficiently allow for public questions, commets, or discussion on the p oposed format amendments. The zoning matter is complex and the public has not been engaged appropriately; most are generally unaware of the potential ramifications of the zoning amendments. Unlike other cities who have adopted "upzoning" measures to remedy exclusive single-family development practices, Roanoke is different - it is a built city with small lots (5,000 sf) and much of the central city is already zoned for multifamily development which enables housing diversity. There are other means of achieving affordable housing that need to be pursued. Adoption of the amendments as proposed, specifically with the drastic increased densities, will be detrimental to Roanoke and its established, historic neighborhoods. The amendments need considerable revision, supplemental architectural standards, and should be supported Finally, they are inconsistent with the diverse and significant recommendations of the Citywide with more specific impact yses. Housing Study that was completed in 2020 which included multiple strategies for policy changes, regional partnership approaches, programming, incentive funding, and zoning updates. Please consider my comments and my Roanoke experience with this matter. 1 Why the proposed zoning reform does not fit Roanoke: A Response to"Zoning Reform for Complete Neighborhoods" February 29,2024 Evelyn A. Slone,FAICP As a community planner with over forty years of experience,including approximately twenty with the City of Roanoke, I have strong concerns regarding the proposed zoning amendments, especially the change in residential district lot sizes and lot area densities for dwelling units for all residential districts. The proposed revisions need to be rethought and a more comprehensive strategy developed to achieve updated housing policies and new housing investment. While some of the proposed amendments to change definitions to address dwelling types and household living arrangements are overdue, the changes in dimensional requirements for residential districts lots and densities are a huge step backward in furthering continued neighborhood revitalization efforts,preserving historic neighborhoods, and new property investment. The proposed zoning reform, as presently structured, will not successfully address affordable housing or encourage more livable and "complete"neighborhoods. These proposed amendments will destroy the historic,built fabric of the city's existing neighborhoods and disrupt the quality of life that many citizens have invested in over the past several decades. Roanoke is essentially a"built"city with generally small lot patterns that requires respectful development in existing neighborhoods,creative approaches in developing challenged and infill sites,and thoughtful redevelopment.And,unlike many other cities undertaking upzoning changes,much of Roanoke is already zoned for multifamily development which has favorably resulted in a diverse mixture of housing types. Many of the planners and officials proposing these amendments may be unaware of some of the past planning history that has been quite significant in influencing and directing the growth and investment of the city that we see today in strengthened neighborhoods and investment in older housing stock. • In 1985, the City of Roanoke adopted a visionary Comprehensive Plan(Roanoke Vision 1985- 2005) that focused on changing city direction for growth,especially as it related to housing and neighborhoods.The adopted plan and the resulting zoning ordinance amendments that followed were touted as a"model"for other medium-sized cities by the National Trust for Historic Preservation and the American Planning Association because of the policy changes and regulatory outcomes that focused on preservation of the built city environment(small lots, older homes 1880-1930,built-out neighborhoods)and neighborhood conservation to facilitate compatible design for new buildings and investment(historic and neighborhood conservation districts, development standards, planned unit development provisions). In addition, Roanoke was named an All-American City in 1988 because of this achievement. • The proposed changes were intended to rectify the previous suburban and urban redevelopment zoning standards adopted during the 1960s that encouraged high residential densities and multifamily housing.A key parameter of the updated zoning regulations 1 Why the proposed zoning reform does not fit Roanoke: A Response to"Zoning Reform for Complete Neighborhoods" February 29,2024 Evelyn A.Slone,FAICP championed in the late 1980s was to increase the lot size requirements for the density of dwelling units in the multifamily zoning districts (RM-1 and RM-2),which encompassed a majority of the central city.This was done because the houses in these established neighborhoods were being converted to multiple multifamily units, operated by landlords (often absentee), that completely destroyed the building character and the neighborhood quality of life for citizens. • In 1985, and still today,most of the city's central neighborhoods-Northwest(Gainsboro, Melrose,Williamson Road),Northeast,Old Southwest,Mountain View,Raleigh Court, and Southeast are zoned for multifamily(RM),not single-family(R).Lot sizes in the code were changed to reflect the existing built development pattern(typically 5,000 square feet) and the lot size requirement per dwelling unit was increased from 1,000 square feet per unit to a minimum of 2,500 square feet per unit.The zoning changes were a long and complex process! • Of note and emphasis is that the increased property investment and revitalization that you see today in many of Roanoke's neighborhoods is attributable to the zoning changes done in the late 1980s. The 2024 proposed zoning changes in residential lot sizes and lot area density requirements for dwelling units will be a step backward for the City of Roanoke. • Many of the existing lots in the built City are 5,000 square feet or more (typically 50x100 foot lots).These older lots are small and narrow, and do not accommodate new development trends well. Reducing the lot size to 3,000 square feet for the R-3, Single-Family District will only complicate the development potential for housing. It just is not effective. • The proposed lot area density requirements per dwelling unit are drastic changes! o R-12 will go from 12,000 square feet/unit to 2,500 square feet/unit o R-7 will go from 7,000 square feet/unit to 2,000 square feet/unit o R-5 will go from 5,000 square feet/unit to 1,500 square feet/unit o R-3 will go from 3,000 square feet/unit to 1,000 square feet/unit o RM-1 will go from 5,000 square feet/unit to 1,500 square feet per unit o RM-2 will go from 5,000 square feet/unit to 1,000 square feet per unit o RMF will go from 15,000 square feet/unit to 1,000 square feet per unit • What does this mean for the established neighborhoods of Roanoke? In multi-family zones, the existing houses could be converted to multiple dwelling units-3 to 5 times more units than what a property owner may see today.And the land currently occupied by a house becomes more valuable than the house itself-resulting in demolition of existing homes and construction of new multi-family units.In single-family zones,there may be several small housing units constructed on an already small lot-a very different scenario than what exists in the built-out neighborhood today.A 2021 publication by the Brookings 2 Why the proposed zoning reform does not fit Roanoke: A Response to"Zoning Reform for Complete Neighborhoods" February 29,2024 Evelyn A. Slone,FAICP Institute, The Double Edge Sword of Upzoning, [https:fixti ‘v.brookings.edu/articles/the- double-edged-sword-of-upzoning/] discusses the national trend of"upzoning for more affordable housing" and raises important questions regarding community impact, especially with respect to gentrification, displacement,and housing affordability. While there may be promise in amending zoning regulations, each community is different, multiple tools apply (e.g., mandatory requirements, financial allocations, collaborating partners, etc.), and the overall cumulative impact needs further study. • Proposed Neighborhood Compatibility Regulations that are drafted offer very minimal standards in terms of ensuring architectural compatibility with existing development. They would only regulate window and door placement and for apartment buildings, entrance elements of the front face of the building. Many cities adopt"form-based" codes, with more specific architectural standards, to encourage appropriate, compatible land use and development in growing areas. In Roanoke, the H-2 Historic District regulations assist in promoting improved architectural quality.Perhaps using an expanded and updated Neighborhood Conservation District should be fully explored. • Most citizens and property owners are unaware of the full impact of these proposed regulations. The proposed text amendments do not compare existing regulations with the proposed. While the shared graphic of"missing middle housing"is compelling as a housing type example, it does not relate to most of the built neighborhoods of Roanoke or to the impact on the neighborhoods of the proposed zoning changes now under consideration, as most communities achieve this type of development with form-based codes. • "Upzoning" examples shared from Arlington County and Charlottesville,Virginia and Portland, Oregon that are touted as successful in increasing the"missing middle housing" are much different from the conditions that exist in Roanoke! They must be carefully applied in Roanoke. Unlike Roanoke, some are quite large metropolitan areas with very different zoning and settlement patterns.Arlington County is a suburb of the District of Columbia and was zoned almost exclusively for single-family and lots were larger(6,000- 10,000 square feet). Likewise,Portland was zoned for much more single-family on larger lots (5,000-20,000 square feet). Charlottesville,Virginia, while a smaller city, was also zoned almost exclusively for single-family development. Much of Roanoke is already zoned for multifamily(allowing diverse housing types) and the neighborhood lots are smaller. Affordable housing is an important issue for Roanoke and all municipalities. With continued costs rising for housing and necessary expenditures, it is an issue for most people today, not just those with limited incomes. The "Missing Middle Housing" is not just a Roanoke issue—it is in every city and region across the country. It deserves attention;however,the proposed zoning amendments discussed herein are not the answer to achieving the affordable,missing housing piece. 3 Why the proposed zoning reform does not fit Roanoke: A Response to"Zoning Reform for Complete Neighborhoods" February 29,2024 Evelyn A. Slone,FAICP • Roanoke has done an exceptional job in improving the safety and quality of available rental housing through use of the Building Maintenance Code and the Rental Housing Inspection Program.In addition,there are other programs available that assist renters and homeowners -Housing Repair and Rehabilitation Program(up to$65,000 per house rehab), CDBG targeted areas for housing investment,housing assistance through multiple agencies, local rehabilitation tax credits,homebuyer classes, and more- 1t 5 _L14 G VYh (Ino1 c\a. 03 442 1 o=rill-lots ing-I'I'i)gnam . • Certainly,there are some provisions from the touted example communities that can assist Roanoke in improving housing-accessory dwelling units,creative residential infill provisions,two-family residential units by right, density bonuses for certain types of projects,mandatory inclusion of affordable housing in certain-sized residential developments,special funding assistance opportunities,etc. However,increasing the density in Roanoke's established neighborhoods as currently proposed is not the answer. • The more effective way to provide affordable housing is to allocate additional funding for programs that will provide increased capital to qualifying citizens using rental assistance payments, gap funding for start-up homeownership, and programs for property rehabilitation that fix-up abandoned and dilapidated structures (homeowner and investor). • Use incentives to boost housing production and produce quality development and strengthen neighborhoods. Use Planned Unit Development zoning options to encourage exemplary housing development, especially on challenging sites. Quality affordable housing can easily be incorporated into a mixed development scenario that provides housing choice, equity, and efficient land use. • Finally, the Citywide Housing Study, City of Roanoke in September 2020 prepared for the Roanoke Valley-Alleghany Regional Commission htt 5.%tv1.�N\ ro:noke a_gc)vji7 )comeIltCe iterj\ iewl"1_068/Roantlke-R al-11 j1Lsing- E,tudl _-2020] provides extensive insight into housing issues and strategies for advancing housing and preservation. Most of the recommendations provided in this recent report have not been incorporated into city policy(market,financial,and agency/regional coordination,including a strategic housing plan),or the proposed zoning changes (inclusionary zoning,design district regulations,adaptive reuse and code compliance, incentives for new housing types,etc.). Respectfully submitted, Evelyn A. Slone,FAICP(Fellow,American Institute of Certified Planners) 3257 Bromley Road Roanoke,VA 24018 t.Ie lone/ ant cum 4 Cecelia Webb From: PlanningBldDev planning Sent: Wednesday, March 13, 2024 4:29 PM To: Cecelia Webb Subject: Public Comment Fw: Follow-up on concerns for rezoning For your awareness. From:Andrew Downs<downs_a@hotmail.com> Sent:Wednesday, March 13, 2024 12:12 PM To:Joseph L. Cobb<joseph.cobb@roanokeva.gov>; PlanningBldDev planning<planning@roanokeva.gov> Subject: [EXTERNAL] Follow-up on concerns for rezoning CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Hello Vice Mayor and the Roanoke Planning Department, Once again I appreciate your thoughtful feedback. Under the Vice Mayor's advice, I took a look at Roanoke Historic Districts here: https://www.roanokeva.gov/DocumentCenter/View/1162/Historic-Districts-Listed-On-National-and-State- Registers-in-Roanoke-Map-PDF and if this is the correct map, it really doesn't seem to offer the geographic protection that I was hoping for. And just to restate: I am in full support of more housing, ending racially based housing discrimination and providing equity of opportunity to historically (or currently) excluded people. I also want to be clear: I live in Raleigh Court and am personally concerned with the overall physical character of my neighborhood (not it's demographic make-up, diversity is a strength, it's geometry). So yes, NIMBY a bit...© If we are looking for more affordable housing, our first priority should be to continue to look downtown, where additional housing will help spur economic growth, and where there are plenty of vacant buildings and where businesses continue to struggle for foot traffic. If we are looking to provide diverse opportunities in our neighborhoods because they are deemed to be desirable, let's not sacrifice the streetscapes,traffic patterns, yards etc.that make them desirable. My concern is primarily with changes in lot size and the blanket rezoning of so much area. In the past, the changes to lot size requirements have allowed new constructions (single family or not)to be sandwiched in between existing homes: this yields a disjointed and profit-driven feel to the neighborhood rather than one of planned value that provides equity. I have no problem with the opportunities to intergrade apartments into these neighborhoods if they retain the lot size and character. Raleigh Court has many small apartment buildings that add to the character because they match the spacing of the rest of the street, because they were planned that way through effective - but nuanced zoning as RM-2. So....(drumroll please....) HERES MY REQUEST! 1 The only change I would ask for is to identify specific areas that can be rezoned to RM-2, rather than the minimum lot requirements for all zones. Looking at the zoning map, there is not enough RM-1/2 changing integrated in other residential zones, I think that is clear. We could double the amount of RM-2 in Raleigh Court (for example) to connect existing RM-2 areas and make significant progress without blanket rezonin that opens us up to all sorts of unintended consequences. If the rezoning plan I suggestpaceg years ago, many of the very large homes on Grandin road that sat vacant with a 'for sale' sign in the yard could have been redeveloped into multi-family homes without changing the physical character of the streetscape. I fear we are putting the physical character of our neighborhoods at the mercy of developers to achieve our housing needs yet because they are also concerned with profit along with neighborhood character-the change will not yield the result we are looking for. Again: I've was burned by Cities in the past by making this change: a more nuanced approach can be taken to get where we need to go without throwing the baby out with the bathwater. I think this is too much too fast. If we use a scalpel and look at the specific streets where RM- 1 and 2 might be a good fit, (Grandin, Brambleton, Brandon, Guilford, Windsor, Memorial etc.) our neighborhoods can grow and adapt over time, allowing new commercial centers to crop up. In my mind, this seems more like a shotgun approach. Respectfully submitted, Andrew Downs. 2 CROSS CREEK DEVELOPMENT CO. Roanoke City Council 215 Church Avenue,S.W. Roanoke,Virginia 24011 March 11,2024 To Whom it May Concern, I am writing to express my full support for the proposed zoning changes.As a former Roanoke resident and founder/former-President of Balzer&Associates, I believe these modified zoning districts will encourage smart development by adding quality and attainable housing. For the past twenty years I have developed thousands of lots in the Richmond MSA,and more recently have been drawn back to Roanoke due to its potential. Over my+40-year career I have had the opportunity to observe the positive impactthat thoughtful zoning can have on a neighborhood.After reviewingthe proposal, I am confident that they align with the community's long-term residential goals and create opportunities for both current and future generations to thrive in the community. By adapting these zoning regulations Roanoke can offer developers a unique opportunity to build neighborhoods to meet today's needs and preferences. Your leadership is essential in shaping the future of Roanoke,and I urge you to support the proposed zoning changes and to consider the benefits they will bring. Thank you for your attention to this matter.Please do not hesitate to contact me if you require any further information or assistance. Sincerely, on Ba er President,Cross Creek Development Corporation 2150 Carter Gallier Blvd Powhatan,Virginia 23139 don.batzer@benchmarktc.com (804)218—9806 Roanoke Neighborhood Revitalization Partnership c/o Renovation Alliance P.O. Box 4532 Roanoke,VA 24015 March 14,2024 Dear Mayor and Members of City Council, The Roanoke Neighborhood Revitalization Partnership(RNRP)supports the City of Roanoke's zoning amendment application that is slated to go before the City Council on March 18.We hope that you will vote favorably to pass the amendments in your March 18 public hearing. RNRP is comprised of Renovation Alliance,Total Action for Progress(TAP),the Roanoke Redevelopment and Housing Authority,the Blue Ridge Independent Living Center and Habitat for Humanity.Together these partner agencies work to provide housing options and improve living conditions for low-income families in the Roanoke Valley.The proposed amendments will benefit RNRP's partner agencies in our mission to provide affordable housing in the City. Sincerely, Frederick Gusler, RNRP CC: Angela Penn,TAP David Bustamante, Roanoke Redevelopment and Housing Authority Kendall Cloeter, Renovation Alliance Karen Mason, Habitat for Humanity Karen Michalski, Blue Ridge Independent Living Center RRHA CITY of ROANOKE REDEVELOPMENT and HOUSING AUTHORITY PARTNERS IN PROGRESS City of Roanoke City Council 215 Church Ave,SW Room 452 Roanoke,VA 24011 March 14,2024 Dear Mayor and Members of City Council, The City of Roanoke Redevelopment and Housing Authority(RRHA)supports the City of Roanoke's zoning amendments that were just heard by the Planning Commission.We hope that you will vote favorably to pass the amendments in your March 18 public hearing. The proposed changes are a welcome step towards addressing the great need for additional housing, particularly affordable housing, in the City.These zoning changes will have a positive long-term impact and will create more opportunities for RRHA to address the needs of the low-income population that we serve under our charter with the City of Roanoke. 7 Sincerely, David Bustamante, Executive Director Cecelia Webb From: Ruth Visuete Perez Sent: Monday, March 18, 2024 9:52 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Fwd:Zoning Amendment From: Irene Malachowsky<resilientyou@gmail.com> Sent: Monday, March 18, 2024 9:44 AM To:City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Fwd:Zoning Amendment You don't often get email from resilientyouPgmail.com. Learn why this is important CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Sent from my iPhone Begin forwarded message: From: Irene Malachowsky<resilientyou�cr�,gmail.com> Date: March 17, 2024 at 11:59:05 PM CDT To: sherman.lea@roanokeva.gov Cc: Joe Cobb <joecobbforroanoke@gmail.com>, Geraldine Jones <geraldine.iones@roanokeva.gov>, luke.priddy@roanokeva.gov, stephanie.moon(c roanokeva.gov, patricia.white-boyd@roanokeva.gov, peter.volosin(&,,roanokeva.gov, vivian.sanchez-jones@roanokeva.gov Subject: Zoning Amendment Dear Mayor and Council Members While I agree Roanoke City needs more affordable housing however am writing to express my opposition to the current zoning amendment as it stands for several reasons. Changing zoning does not guarantee current homeowners will create additional dwelling(s), nor does it guarantee the dwelling( s) created will be affordable. This plan also doesn't prevent investors from buying up properties to create missing middle housing and charging top dollar for rent. I come from NY and still have family who live in rent controlled apartments. This city system guaranteed affordable housing; you have no control over what will be created, you only hope it will. Phillip Moore stated there is little land left for housing yet your recent approval of the Evan Spring Project plans for a big box store vs a planned affordable housing community. A community that would include appropriate dwellings for young and old and those living with disabilities. i I came away from the library meeting realizing the city does not have the capacity to inspect the current rental properties for code compliance nor do the current codes & laws have any teeth to hold landlords accountable for provide safe housing. One just has to go on the city's website to see the awful conditions found at rental units to realize there is something wrong with the system to permit conditions to get that bad. Yet your plan is only"considering"providing more services. One should not change zoning before having the foundation of staff and budget to ensure capacity for inspection and enforcement of codes. It also doesn't help when Virginia's laws are landlord friendly nor give its citizens confidence in the city's ability to ensure safe housing and neighborhoods. Think this plan is putting the cart before the horse, needs more consideration, true citizen input, and a city council who will not just approve what the city manager puts forth. Irene Malachowsky Sent from my iPad 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, March 18, 2024 9:06 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Fw: Proposed Zoning Reform (for Complete Neighborhoods) - Public Hearing March 18 Attachments: Slone Comments Zoning Reform for Complete Neighborhoods Roanoke 2024.pdf From: Evie Slone<evieslone@aol.com> Sent:Sunday, March 17, 2024 8:44 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Fw: Proposed Zoning Reform (for Complete Neighborhoods)- Public Hearing March 18 You don't often get email from eviesloneOaol.com. Learn why this is important CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Please ensure that this email and the attachment is included as public comment received in City Council's discussion of the Zoning Reform Matter on Monday, March 18. Evelyn Slone Forwarded Message From: Evie Slone <evieslone anaol.com> To: sherman.leaAroanokeva.clov<sherman.lea(a�roanokeva.ciov>;joseph.cobb a(�,roanokeva.gov <ioseph.cobbAroanokeva.ciov>; peter.volosinna,roanokeva.gov<peter.volosin(c�roanokeva.gov>; trish.white- boydAroanokeva.gov<trish.white-boydAroanokeva.gov>; stephanie.moonAroanokeva.gov <stephanie.moon(D,roanokeva.gov>; luke.priddy(a.roanokeva.gov <luke.priddy(a,roanokeva.gov>; vivian.sanchez- jonesAroanokeva.gov<vivian.sanchez-iones aC�.roanokeva.cov> Cc: bob.cowellna.roanokeva.gov <bob.cowell(c�roanokeva.gov>; Chris.chittum(a roanokeva.ciov <Chris.chittum(a.roanokeva.gov>; ClerkAroanokeva.gov <Clerk(a.roanokeva.ciov> Sent: Thursday, February 29, 2024 at 08:12:33 PM EST Subject: Proposed Zoning Reform (for Complete Neighborhoods) Please find attached my extensive comments on the Proposed Zoning Reform that is under consideration for adoption (Planning Commission in March). As a former city planner/director who was involved and responsible for some of the advances in neighborhood preservation and community growth in the past, I felt that I needed to share with you my perspective and reasoning. I attended the meeting on 2/29/2024 at the Raleigh Court Library and was quite disappointed at the meeting format which did not sufficiently allow for public questions, comments, or discussion on the proposed amendments. The zoning matter is complex and the public has not been engaged appropriately; most are generally unaware of the potential ramifications of the zoning amendments. Unlike other cities who have adopted "upzoning" measures to remedy exclusive single-family development practices, Roanoke is different - it is a built city with small lots (5,000 sf) and much of the central city is already zoned for multifamily development which enables housing diversity. There i are other means of achieving affordable housing that need to be pursued. Adoption of the amendments as proposed, specifically with the drastic increased densities, will be detrimental to Roanoke and its established, historic neighborhoods. The amendments need considerable revision, supplemental architectural standards, and should be supported with more specific impact analyses. Finally, they are inconsistent with the diverse and significant recommendations of the Citywide Housing Study that was completed in 2020 which included multiple strategies for policy changes, regional partnership approaches, programming, incentive funding, and zoning updates. Please consider my comments and my Roanoke experience with this matter. 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, March 18, 2024 9:06 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Fw:Zoning Reform Proposal - Important Background Information for Review Attachments: Zoning Process Balancing Preservation and Change 1986.pdf From: Evie Slone<evieslone@aol.com> Sent: Sunday, March 17, 2024 8:46 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Fw: Zoning Reform Proposal - Important Background Information for Review f You don't often get email from evieslonePaol.com.Learn why this is important CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Please ensure that this email and the attached background information is entered into the Public Hearing record as public comments received on this matter under consideration for Monday, March 18, 2024. Evelyn Slone Forwarded Message From: Evie Slone<evieslone(aaol.com> To: sherman.leaProanokeva.gov<sherman.lea a(�roanokeva.gov>;joseph.cobbProanokeva.clov <ioseph.cobb(a roanokeva.gov>; peter.volosin(a roanokeva.gov<peter.volosinProanokeva.bov>; trish.white- boyd(a�roanokeva.gov <trish.white-boyd(a�roanokeva.gov>; stephanie.moon(a�roanokeva.ciov <stephanie.moon(c�roanokeva.gov>; luke.priddy(a�roanokeva.bov <luke.priddy(a.roanokeva.gov>; vivian.sanchez- jones(a)roanokeva.bov <vivian.sanchez-iones(a�roanokeva.gov> Cc: Bob Cowell <bob.cowell(a�roanokeva.bov>; Chris Chittum <chris.chittum(a�roanokeva.gov>; clerk(a.roanokeva.bov <clerkProanokeva.gov> Sent: Monday, March 4, 2024 at 11:50:38 AM EST Subject: Zoning Reform Proposal - Important Background Information for Review Please find attached a copy of Roanoke Report (Zoning: A Process for Balancing Preservation and Change 1986) published by the National Trust for Historic Preservation which will provide you with important background information regarding the existing zoning code and the established neighborhood development patterns in the City. I recognize that this is an older publication, but it includes very important background information that needs to be considered in your review of the proposed zoning code changes - especially with respect to residential densities and the built city. Of note is that this was the most requested and widely distributed publication by the National Trust in assisting established, built cities in preserving and revitalizing their older neighborhoods. Roanoke has been successful as a result of these changes! i Of significance to the zoning proposal now under consideration - please see pages 8-10 and page 20. Changing the density patterns of established neighborhoods will adversely affect Roanoke's older, historic neighborhoods and repeat the problematic housing and neighborhood issues experienced after urban renewal policies were adopted in the 1960s-1980s. Roanoke is unique in its development and zoning pattern and should not be compared to other metropolitan areas considering "upzoning" to provide better choices for housing. There are other ways to achieve the community needs for housing; changing the density in Roanoke is not one of them. 2 Why the proposed zoning reform does not fit Roanoke: A Response to"Zoning Reform for Complete Neighborhoods" February 29,2024 Evelyn A.Slone,FAICP As a community planner with over forty years of experience,including approximately twenty with the City of Roanoke,I have strong concerns regarding the proposed zoning amendments, especially the change in residential district lot sizes and lot area densities for dwelling units for all residential districts.The proposed revisions need to be rethought and a more comprehensive strategy developed to achieve updated housing policies and new housing investment. While some of the proposed amendments to change definitions to address dwelling types and household living arrangements are overdue, the changes in dimensional requirements for residential districts lots and densities are a huge step backward in furthering continued neighborhood revitalization efforts,preserving historic neighborhoods, and new property investment.The proposed zoning reform, as presently structured,will not successfully address affordable housing or encourage more livable and "complete" neighborhoods.These proposed amendments will destroy the historic,built fabric of the city's existing neighborhoods and disrupt the quality of life that many citizens have invested in over the past several decades. Roanoke is essentially a"built" city with generally small lot patterns that requires respectful development in existing neighborhoods,creative approaches in developing challenged and infill sites,and thoughtful redevelopment.And,unlike many other cities undertaking upzoning changes,much of Roanoke is already zoned for multifamily development which has favorably resulted in a diverse mixture of housing types. Many of the planners and officials proposing these amendments may be unaware of some of the past planning history that has been quite significant in influencing and directing the growth and investment of the city that we see today in strengthened neighborhoods and investment in older housing stock. • In 1985, the City of Roanoke adopted a visionary Comprehensive Plan(Roanoke Vision 1985- 2005) that focused on changing city direction for growth,especially as it related to housing and neighborhoods.The adopted plan and the resulting zoning ordinance amendments that followed were touted as a"model"for other medium-sized cities by the National Trust for Historic Preservation and the American Planning Association because of the policy changes and regulatory outcomes that focused on preservation of the built city environment(small lots, older homes 1880-1930,built-out neighborhoods) and neighborhood conservation to facilitate compatible design for new buildings and investment(historic and neighborhood conservation districts, development standards, planned unit development provisions). In addition, Roanoke was named an All-American City in 1988 because of this achievement. • The proposed changes were intended to rectify the previous suburban and urban redevelopment zoning standards adopted during the 1960s that encouraged high residential densities and multifamily housing.A key parameter of the updated zoning regulations 1 Why the proposed zoning reform does not fit Roanoke: A Response to"Zoning Reform for Complete Neighborhoods" February 29,2024 Evelyn A. Slone,FAICP championed in the late 1980s was to increase the lot size requirements for the density of dwelling units in the multifamily zoning districts (RM-1 and RM-2),which encompassed a majority of the central city.This was done because the houses in these established neighborhoods were being converted to multiple multifamily units, operated by landlords (often absentee), that completely destroyed the building character and the neighborhood quality of life for citizens. • In 1985, and still today,most of the city's central neighborhoods-Northwest(Gainsboro, Melrose,Williamson Road),Northeast,Old Southwest,Mountain View,Raleigh Court, and Southeast are zoned for multifamily(RM),not single-family(R).Lot sizes in the code were changed to reflect the existing built development pattern (typically 5,000 square feet) and the lot size requirement per dwelling unit was increased from 1,000 square feet per unit to a minimum of 2,500 square feet per unit. The zoning changes were a long and complex process! • Of note and emphasis is that the increased property investment and revitalization that you see today in many of Roanoke's neighborhoods is attributable to the zoning changes done in the late 1980s. The 2024 proposed zoning changes in residential lot sizes and lot area density requirements for dwelling units will be a step backward for the City of Roanoke. • Many of the existing lots in the built City are 5,000 square feet or more (typically 50x100 foot lots). These older lots are small and narrow, and do not accommodate new development trends well.Reducing the lot size to 3,000 square feet for the R-3, Single-Family District will only complicate the development potential for housing. It just is not effective. • The proposed lot area density requirements per dwelling unit are drastic changes! o R-12 will go from 12,000 square feet/unit to 2,500 square feet/unit o R-7 will go from 7,000 square feet/unit to 2,000 square feet/unit o R-5 will go from 5,000 square feet/unit to 1,500 square feet/unit o R-3 will go from 3,000 square feet/unit to 1,000 square feet/unit o RM-1 will go from 5,000 square feet/unit to 1,500 square feet per unit o RM-2 will go from 5,000 square feet/unit to 1,000 square feet per unit o RMF will go from 15,000 square feet/unit to 1,000 square feet per unit • What does this mean for the established neighborhoods of Roanoke?In multi-family zones, the existing houses could be converted to multiple dwelling units-3 to 5 times more units than what a property owner may see today.And the land currently occupied by a house becomes more valuable than the house itself-resulting in demolition of existing homes and construction of new multi-family units.In single-family zones, there may be several small housing units constructed on an already small lot-a very different scenario than what exists in the built-out neighborhood today.A 2021 publication by the Brookings 2 Why the proposed zoning reform does not fit Roanoke: A Response to"Zoning Reform for Complete Neighborhoods" February 29,2024 Evelyn A. Slone,FAICP Institute, The Double Edge Sword of Upzoning, [https://ww w.brookings.edu/articles/the- double-edged-sword-of-upzoning/] discusses the national trend of"upzoning for more affordable housing" and raises important questions regarding community impact,especially with respect to gentrification, displacement, and housing affordability.While there may be promise in amending zoning regulations, each community is different, multiple tools apply (e.g.,mandatory requirements, financial allocations, collaborating partners,etc.), and the overall cumulative impact needs further study. • Proposed Neighborhood Compatibility Regulations that are drafted offer very minimal standards in terms of ensuring architectural compatibility with existing development. They would only regulate window and door placement and for apartment buildings, entrance elements of the front face of the building. Many cities adopt"form-based" codes, with more specific architectural standards,to encourage appropriate,compatible land use and development in growing areas. In Roanoke,the H-2 Historic District regulations assist in promoting improved architectural quality.Perhaps using an expanded and updated Neighborhood Conservation District should be fully explored. • Most citizens and property owners are unaware of the full impact of these proposed regulations.The proposed text amendments do not compare existing regulations with the proposed.While the shared graphic of"missing middle housing" is compelling as a housing type example, it does not relate to most of the built neighborhoods of Roanoke or to the impact on the neighborhoods of the proposed zoning changes now under consideration, as most communities achieve this type of development with form-based codes. • "Upzoning" examples shared from Arlington County and Charlottesville,Virginia and Portland, Oregon that are touted as successful in increasing the "missing middle housing" are much different from the conditions that exist in Roanoke! They must be carefully applied in Roanoke.Unlike Roanoke, some are quite large metropolitan areas with very different zoning and settlement patterns.Arlington County is a suburb of the District of Columbia and was zoned almost exclusively for single-family and lots were larger(6,000- 10,000 square feet).Likewise,Portland was zoned for much more single-family on larger lots (5,000-20,000 square feet). Charlottesville,Virginia, while a smaller city, was also zoned almost exclusively for single-family development. Much of Roanoke is already zoned for multifamily(allowing diverse housing types) and the neighborhood lots are smaller. Affordable housing is an important issue for Roanoke and all municipalities.With continued costs rising for housing and necessary expenditures, it is an issue for most people today, not just those with limited incomes.The "Missing Middle Housing" is not just a Roanoke issue—it is in every city and region across the country. It deserves attention;however,the proposed zoning amendments discussed herein are not the answer to achieving the affordable,missing housing piece. 3 Why the proposed zoning reform does not fit Roanoke: A Response to"Zoning Reform for Complete Neighborhoods" February 29,2024 Evelyn A. Slone,FAICP • Roanoke has done an exceptional job in improving the safety and quality of available rental housing through use of the Building Maintenance Code and the Rental Housing Inspection Program. In addition, there are other programs available that assist renters and homeowners —Housing Repair and Rehabilitation Program(up to$65,000 per house rehab), CDBG targeted areas for housing investment,housing assistance through multiple agencies, local rehabilitation tax credits,homebuyer classes, and more- 3ttp k t 'no,.10,mo es, l yt7l 442,1 o al lo 111 -I't'()gra . • Certainly, there are some provisions from the touted example communities that can assist Roanoke in improving housing—accessory dwelling units,creative residential infill provisions,two-family residential units by right, density bonuses for certain types of projects,mandatory inclusion of affordable housing in certain-sized residential developments,special funding assistance opportunities,etc. However,increasing the density in Roanoke's established neighborhoods as currently proposed is not the answer. • The more effective way to provide affordable housing is to allocate additional funding for programs that will provide increased capital to qualifying citizens using rental assistance payments, gap funding for start-up homeownership, and programs for property rehabilitation that fix-up abandoned and dilapidated structures (homeowner and investor). • Use incentives to boost housing production and produce quality development and strengthen neighborhoods. Use Planned Unit Development zoning options to encourage exemplary housing development,especially on challenging sites. Quality affordable housing can easily be incorporated into a mixed development scenario that provides housing choice, equity, and efficient land use. • Finally, the Citywide Housing Study, City of Roanoke in September 2020 prepared for the Roanoke Valley-Alleghany Regional Commission [11 roanokevd. >`Dotal nienti, entt.r'Vie /l t)6, Roanoke-Re Tonal I Jou ii - St Lid.).-2020] provides extensive insight into housing issues and strategies for advancing housing and preservation. Most of the recommendations provided in this recent report have not been incorporated into city policy(market,financial,and agency/regional coordination,including a strategic housing plan),or the proposed zoning changes (inclusionary zoning,design district regulations,adaptive reuse and code compliance, incentives for new housing types,etc.). Respectfully submitted, Evelyn A. Slone,FAICP(Fellow,American Institute of Certified Planners) 3257 Bromley Road Roanoke, VA 24018 e\ ieslonei aol, orn 4 ---y - 1[ ROANOKE 0/Si-- • ZONING: A PROCESS FOR BALANCING PRESERVATION AND CHANGE, 1986 Prepared for Roanoke City Planning Commission and Roanoke Office of Community Planning By Buckhurst Fish Hutton Katz in association with Thomas&Means Associates and Margaret Grieve The Roanoke Vision Process was funded,In part,by a Critical issues Fund grant from the National Trust for Historic Preservation with financial assistance mode possible by the Notional Park Service of the U.S.Department of the interior. Credits • Zoning for Preservation:A Process for Bal- Ordinance Review Committee ancing Preservation and Change in The following eleven member citizen's re- Roanoke, Virginia is a component of the view committee participated in all stages of Roanoke Vision Planning Process which in- dueled The development of a new Compre- the zoning ordinance. development for review of revised the hensive Development Plan and a revised ordinance. zoning ordinance.The Roanoke Vision John P. Bradshaw,Jr., Chairman Process was a project of the Roanoke City Anne P. Glenn, Vice Chairman Planning Commission.The Planning Corn- Glynn Barranger mission is staffed by the Office of Corn James A.Beavers munity Planning, City of Roanoke,which William M. Hackworth was responsible for directing the project. R°hes4 Hoopes Roanoke City Planning Commission W G. (Bill) Light Buford T.Lumsden Susan S. Goode, Chairwoman Charles A. Price,Jr. Henry B.Boynton (retired) Earl B.Reynolds,Jr. John P. Bradshaw,Jr. W.L. (Tony)Whitwell Paul C.Buford,Jr. Richard L.Jones Roanoke Vision Planning and Zoning Revi- Charles A.Price,Jr. sion Dam William A. Sowers Buckhurst Fish Hutton Katz, Planners and Architects Michael M.Waldvogel Ernest Hutton,Partner-in-charge Office of Community Planning Carol Berg,Director,Planning Analysis Earl B.Reynolds,Jr., Chief Frank Fish, Director,Zoning Analysis Project Coordinators Robert Ponte,Economic Analysis Evie Gunter,Planner Peter Hart,Zoning Analysis John Merrithew,Planner Marc Oplinger, Graphics Project Assistants Mireille Massac,Report Production Skip Dunlap,Planning Technician Martha Franklin,Planning Technician Margaret Grieve,Project Director Ted Tucker,Planner Thomas&Means Associates, Inc. Ronald Thomas,Principal The Roanoke Vision Process was funded by Linda Kahn, Editor the City of Roanoke,Noel C.Taylor,Mayor, Michael Bruce,Photography and W. Robert Herbert, City Manager,with Beth Singer,Art Director support from the National Trust for Historic The printing of this publication is funded in part by a grant from the National Park Service,US Department of tbe Interior Under Preservation's Critical Issues Fund. Title VI of the Civil Rights Act of 1964 and Section 504 of the Reha- bilitation Act of19'3,the Department oftbe Interior prohibits Special thanks to Constance Beaumont, Pro- discrimination initsfederally assistede basis of programs.Ilor, f you betie,e.or handicapP 8 fyou belie:•e you baregram Officer,National Trust for Historic or if you deseen ire further einformation,pleased against in any twrite o'Office fot•¢. Equal Opportunity,U.S.Department of the Interior Washington. Preservation for her assistance in the D C 20290.The contents and opinions of this publication do not necessarily reflect the views or policies of the Department of the Roanoke Vision Process. Interior,nor does the mention of trade names or cone*err.wJ products constitute endorsement or recommendation hr the Department. *2 Table of Contents Introduction 4 PLANNING ROANOKE 7 Roanoke:A City Balancing Preservation and Change 8 Preservation issues: Land Use,Zoning and Regulatory Conflicts 11 Roanoke Vision Process 15 Public Participation 15 Comprehensive Planning 16 Zoning 17 Revised Zoning Ordinance �9 Preservation and Neighborhood Conservation Elements 19 Statements of Purpose 19 20 Districts Residential Districts 20 Commercial Districts 23 Industrial Districts 24 Special Districts 24 Supplementary Regulations 78 Development Plan Regulations 28 Special Exceptions 28 Administrative Procedures 28 Subdivision Regulations 28 ZONING AND PRESERVATION 29 Preservation Techniques and Constraints In Virginia Law 30 Conclusions 32 3* _.W- Introduction the community's values about its neigh- borhoods,history and appearance.The �. r-- Critical Issues Fund grant then helped high- /toil i'. L 1 light the importance of creating new preser- vation-focused regulatory tools to promote i � j ,� neighborhood conservation and improved 4h. design quality on a citywide basis. Appropriate regulatory tools are partic- ularly critical to a broad range of medium- sized cities throughout America of which Roanoke is typical.The primary develop- ment focus of these cities is no longer on the suburban style subdivisions or commer- ities and towns throughout the United cial areas which characterized so much of States are faced with finding appropri- their post-war growth. Instead,as in ate ways to preserve and enhance the his- Roanoke,the focus is now on improving the toric fabric of their communities. In most quality of existing residential neigh- localities this now means going beyond borhoods,revitalizing downtown and neigh- efforts to restore landmark properties or borhood commercial areas,expanding the designate special historic districts. It means local economic base,and maintaining cur- encouraging public and private investments rent public facilities and services for popula- in commercial districts and residential tions which are now stable in size. neighborhoods while balancing the often However,while the development focus competing economic,aesthetic,preserva- and economic realities in these cities have tion and development interests in the cam- changed,the regulatory tools which influ- munity. Increasingly,it also means revising ence investment and set development and local planning,building and land develop- land use standards have remained relatively ment regulations to promote preservation, constant. In Roanoke's case,the city did en- design quality and neighborhood act a historic district overlay zone to protect conservation. its City Market and Warehouse districts as One city which is taking this kind of part of the city's recent downtown revitaliza- comprehensive approach to preservation is- tion,but the overall zoning ordinance con- sues is Roanoke,Virginia.Assisted by a tinued to be based on development trends grant from the National Trust for Historic of the 1950s and 1960s. It did not recognize Preservation's Critical Issues Fund,Roanoke the growing values placed on preserving the revised its existing zoning ordinance in con- scale,style and character of the city's past.In junction with a comprehensive planning fact,the existing ordinance actually encour- process called Roanoke Vision. In Virginia, aged the destruction of many of the city's as in many states,the city's comprehensive older and low-income neighborhoods. plan provides the legal basis for its zoning This report describes how Roanoke en- regulations. In order to revise zoning provi- gaged itself in a year-long process of identi- sions causing serious preservation prob- fying the regulatory stumbling blocks lems, Roanoke began by developing a new impeding preservation,design quality and comprehensive plan which clearly set forth neighborhood conservation in the city and *4 how a new proposed zoning ordinance ad- this city-wide consensus-building approach, dresses those problems.Readers familiar the competing economic,political and corn- with zoning and regulatory issues will note munity issues which surround all land use that no single element of Roanoke's pro- decision-making easily could have over- posed new ordinance is the solution to pres- whelmed the goals of the zoning revision ervation issues,yet as a whole,the proposed process.Finding ways to take the com- ordinance represents a significant new ap- munity's pulse through public town meet- proach.Regulatory impediments to preser- ings,TV specials,public opinion surveys, vation have been removed and positive workshops and more,and then finding ways revitalization strategies are encouraged on a to articulate those concerns in the policies citywide basis.While other cities may face of the new comprehensive plan,came well different specific problems,Roanoke's ap- before any attempts to draft new zoning proach provides a way for other localities to text.Through this process,the comprehen- identify the specific impediments to preser- sive plan set forth strong community values vation and design quality in their own upon which the zoning text could be based. ordinances. These values,directly related to land devel- 1 The report also highlights the citizen- opment concerns,included the importance 1 based public information and participation of: processes through which this comprehen- . preserving the cultural and architectural sive regulatory revision project took place character of the city and improving the P,aPuke,s a caw cat 100€00 and the subsequent official approvals proc- quality of its neighborhoods; ioccied'n .t?e Blue Ridge ess which is currently underway.Without i °'uF'''"' of western vorgintG f ,. � . a V ii ' .* �..� tllll! ►1P: a a lit ' ' ii 4 ., �, ii ,. IIiiinllAt - . . „ - j ,.. 5* Without the city-wide consensus-building approach, the com- peting economic, political and community issues which surround aH land use decision-making could easily have overwhelmed the goals of the zoning revision process. 4 ir HI 1 • encouraging appropriate economic develi ` opment and growth,but not at the ex- pense of sacrificing the city's friendly atmosphere, close neighborhood and fam- As this report goes to press,the ily social patterns or convenient life style; Roanoke Vision Comprehensive Develop- and ment Plan 1985-2005 has been officially • enhancing the city's physical appearance adopted.The proposed text of the new zon- ing ordinance is being reviewed by staff,a and conserving its unique environmental assets. citizen committee and a subcommittee of These strongly held community values the Roanoke City Planning Commission during the summer of 1986. Public hearings go beyond a narrow definition of historic preservation,yet have a major impact on before both the Planning Commission and the City Council will be held during the fall preservation and development issues. They of 1986.Final action to enact the proposed set the framework for the new proposed new ordinance,including any modifications zoning ordinance and are proving instru developed during the approvals process,is mental in achieving broad-based support expected in late 1986.For more detailed in during the approvals process. formation on Roanoke's experience,copies This comprehensive analysis in Roanoke also identified several constraints of the Roanoke Vision Comprehensive De within state law that limit a Virginia munici- velopment Plan 1985-2005 are available. pality's ability to enact certain preservation Copies of the final zoning ordinance will be available after it is officially approved in late focused regulatory measures. Examples of some of these constraints within Virginia 1986. Right The Roanoke Star a enabling legislation for comprehensive symbol on Mill Mountain for 40 planning and zoning are also included. years Through this report,Roanoke hopes to share its experiences in weaving its corn- ',. munity's values into preservation-oriented action strategies and regulations.While some of the elements of the new plan and ordinance are innovative,the purpose was � not merely to devise new techniques,but rather to revise and coordinate all aspects of the city's official land development policies ' and regulations to promote preservation,de- sign quality and neighborhood conserva t ` tion. Roanoke's innovation is its e. 1" tU.. comprehensiveness and its commitment to "" building a public consensus before zoning r €a` changes.The success of this approach in - 1 v Roanoke shows that other cities can also take the lead in developing a cooperative approach F . , pp oach that makes preservation and neighborhood concerns important elements of the land use decision-making process. *6 IIIPLANNING ROANOKE comprenenshi pkme*m awl AMMO we:a orinde Pubne pmcou. 1 i_ = Roanoke: A City Balancing Preservation and Change g Rvit A iew r Vie'',C,e 0"e oanoke is a city of 100,600 people lo- W'y'"""s l'me "k ra' ' cated in the Blue Ridge Mountains of era , western Virginia.Although the city itself has ' 18 m ,: a stable population and little remaining un ?` ' developed land,it is part of a growing met- € � � ropolitan area of 225,000. Roanoke has a strong,diversified economic base as a re :tea. gional industrial,professional service,fi- nance,health care,commercial and transportation center for a market area of ap � � '"' proximately 800,000. Its setting in the «. mountains provides the city with varied to- pography,striking vistas and easy access to pleted in 1907,was commissioned by a environmental and recreational resources group of citizens.This plan established the including the adjacent Blue Ridge Parkway. foundation of the city by coordinating the Roanoke was founded in the 1880s as a location of downtown buildings,establish- railroad center and grew rapidly as a major ing an orderly street system and proposing a transportation and industrial location for the network of parks. By 1928 the city had out- region.From the late 1880s to the 1920s,the grown its plan and,as it had in 1907,again city experienced a series of development retained John Nolen of Cambridge,Massa- "booms"The city's downtown and much of chusetts,a well-respected planner and land- the housing in the oldest neighborhoods scape architect of the day,to develop a new were built by speculative land companies to comprehensive plan and the city's first zon- meet the growing demands of workers ing ordinance.The resulting 1928 plan is an drawn to jobs in Roanoke.The legacy of this excellent guide to the city's past because it period can still be seen today in well-de- documents the development patterns and fined clusters of a range of late 19th and regulations which govern the extent of the early 20th century building types.Stately "old"Roanoke now worthy of preservation. Victorian mansions,red-tin-roofed Amer- Roanoke's prosperity continued to the ican foursquare homes with traditional front immediate post-war period,but the loss of a porches,rows of small "shot-gun"workers' major industry in the late 1950s,coupled cottages and modest pre-war bungalows can with residential and commercial growth in be found throughout the city's older neigh- suburban areas,began a period of decline borhoods.The legacy of these early develop- for the city's downtown and older neigh- ment patterns is also evident in the down- borhood areas.When the city developed a town,where a vibrant farmers'market is new plan in 1964 to try to make sense of still flanked by small commercial buildings these changes,the prevailing wisdom was of the era.The relationship of workers' that many of the older neighborhoods were housing near early industrial locations along no longer suitable or attractive places to live. the Roanoke River and rail lines is also still The plan recommended reuse of old neigh- a feature of many of the city's neighborhoods. borhood areas as centers for business,in- Evidence of Roanoke's concern for dustry,offices and institutions.The powers bringing order to its rapid growth can be of urban renewal were used to remove dete- found in two early city plans.The first,corn- riorated housing and create sites for new de- *8 • velopment.In 1966,the city's zoning code the suburbs since the 1950s had,in fact, was changed to reflect this plan.However, helped preserve large areas of the more this zoning allowed a mix of incompatible graceful,older city.The traditional values uses in many areas without provisions for that had kept some families rooted to their planning for this transition or dealing with neighborhoods also provided the founda- its impact.The result was often the destruc- tion for a burgeoning neighborhood re- don of the residential fabric and character of vitalization movement. many neighborhoods,as well as the loss of The result has been that within the last many fine older structures. Much of the 10 years,Roanoke has reversed patterns of commercial development that did occur was disinvestment through major downtown and of an unplanned,strip commercial nature. neighborhood revitalization efforts. Over By the late 1970s,Roanoke faced prob- $110 million in private investment and over lems encountered by many cities its size $30 million in public improvements down- throughout the U.S.Its downtown was dete- town have brought new office,specialty re- riorating as retail and office uses became tail,restaurant and cultural/entertainment firmly established in suburban complexes. uses to the city center.Active neighborhood Roanoke also had serious housing problems organizations,housing and related neigh- with a weak market for city properties, borhood development programs and private many vacant units,substandard conditions, investment have made dramatic changes in housing demolitions and general disinvest- city neighborhoods.Economic growth and ment in older neighborhoods.Yet despite job creation over the same period,fueled by these significant problems,new values and significant industrial and commercial devel- leadership began to emerge and Roanokers opment,have made Roanoke a more corn- began to rediscover the rich diversity of the petitive regional center within the city's neighborhoods and the pleasures of southeastern U.S.This positive change has downtown.As this process began,it became helped bolster the city's attitude about its clear that the same market trends that had own identity and potential. It is within this taken almost all development pressures to positive civic climate that the values for pre- Over 40 diverse s Aneighborhoods are home to Roanoke citizens :: — , 9 t 9xR r z -sr um } 9* 4,, - 4 _.. , , * „: 4 ,r— , ' # fir Gradual disinvestment in many x k ,� . v 4 -,--lois. --- A ' ',-°:ii , i.,,,, i„, ..., , , . -t,-.4,,,, I * of Roanoke's older neighborhoods was accelerated by changes in the it- F city's zoning code in the late 1960's. serving the city's historic and neighborhood other areas.The next major task was to character developed. create a system of coordinated land use pol- Much of the credit for this important icies and regulations which would remove new direction can be attributed to an un- the obvious impediments to promoting usual level of cooperation among local gov- preservation-sensitive neighborhood con- ernment,neighborhood organizations, servation and quality infill development. preservation groups,the business corn- Such policies and regulations could also munity and the non-profit/voluntary sector. help ensure that the local government's cur- Each major initiative in the city since 1978 rent administrative commitment to neigh- has been accompanied by an active public borhood issues would continue and not be information and participation component. as vulnerable to possible political or person- Citizens were drawn into planning for im- nel changes. provements to downtown,parks,and neigh- Right:Shops and restaurants borhoods at the earliest stages through z in the newly revitalized City public forums,interactive and a Market Building have brought workshops, new life to the downtown wide range of communication media.Their 0. '.- district. concerns and opinions become an integral !if X 4 part of planning and design solutions. ' The success of these previous coopera- tive efforts set the stage for the kind of corn- � � F o a a ,,, i. prehensive policy and regulatory analysis i4�� 4. l needed if the city's revitalization was to con- tinue.As the private sector,neighborhood organizations and local government agen- �� - •_ cies gained experience in revitalization l efforts on some fronts,outdated zoning reg- ,, ulations and inadequate development con- : .. 4 trols were undermining the successes in i t 1 i ' , 1 .- ' s4' i i *10 Preservation Issues: Land Use, Zoning and Regulatory Conflicts 7 The historic structures and neighborhood No clear set of policies had ever been developed to define the areas threatened by inappropriate zoning community's interest in preservation, design quality, commercial and inadequate development controls, development, or neighborhood conservation. though concentrated in the older,central areas of Roanoke,can be found throughout the city.Recent efforts to document and , 6 pre- serve historic structures and districts in- -9 � ^ dude the designation of three Virginia and E ' , �� 6 v - .,,; - , t National Register Historic Districts _ 4 � including: Warehouse District—A collection of 5 _ warehouses built between 1889 and 1902 i i:: along the rail lines and adjacent to downtown. -111:1.1-`i- t 1-*-: City Market District—A six block area of airairI downtown containing a diverse group of about 60 small commercial buildings. Key 1. ' W ' features of the district include a newly """"""***.. restored Georgian Revival style City Market building—the site of a daily farmers' �,� produce market—and Center-in-the-Square, , a - a an arts/museum/theater complex housed in . , renovated industrial space. within the Southwest Historic District, welt-ma ntainea homes in the Southwest Historic District—Three many other residential areas contribute to southwest"'s'='rtc District neighborhood areas which together contain the historic character of the city.As the approximately 1600 structures and comprise following map indicates,the city contains Virginia's second largest historic district. more than 40 distinct neighborhoods.Most Most are residences built between 1890 and are well-defined by topography or other 1930.The tree lined streets of this district natural and man-made features and are reflect a variety of architectural styles and strong communities with active include what were once some of the citys neighborhood organizations.Preserving the most stately homes as well as areas of more physical character,housing stock and modest residences. market strength of these areas also helps In addition,twelve commercial, maintain important social and family residential and industrial properties are networks. listed on the Virginia and National Register Current land use regulations,including of Historic Places.Recent surveys identified the existing zoning ordinance,zoning approximately 20 additional properties district classifications and demolition eligible for nomination and another 40 or procedures,have had negative impacts on more properties judged to be of local these neighborhood conservation efforts. significance.Beyond the neighborhoods Examples of zoning and land use conflicts 11* „ `-- ',.- - "C:3(v In's Cove ? 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NY ‘./ ROANOKE COUNTY US 220 Developed areas by: 1880 1910 I I 1930 1 1 1960 1 I A 1980 1 I N 0 8000 ft. , 1976 City Boundary *12 a abound.Although a strong historic overlay • a lack if innovative preservation tech- district limiting demolition and providing niques,such as allowing additional or spe- design controls has protected the two cialty uses including"bed and breakfast" downtown historic districts since 1979, accommodations,art studios and profes- neighborhood areas have remained largely sional occupations in historic structures to unprotected. make their restoration and reuse more When the zoning ordinance of 1966 economically feasible; was enacted,new office,commercial or • a lack of appropriate design guidelines industrial uses were proposed for many of and site development controls to encour- the city's older,intact neighborhoods.The age quality rehabilitation and compatible ordinance also significantly increased the new construction worthy of preservation residential densities allowed in these older, in the future; architecturally rich neighborhoods and • a lack of effective procedures to dis- made the prevailing small lot sizes courage demolition of significant nonconforming by raising the minimum lot structures. size.This meant that a majority of the existing lots in older areas were judged to In addition,several general problems be too small and could not be developed or within the ordinance,including a lack of redeveloped without applying for a variance clear definitions,extensive cross-referenc- to the zoning ordinance. In addition,the ordinance contained a transition zone provision which allowed encroachment of inappropriately scaled multi-family and *. commercial uses in established residential - , areas.Another problem was the broad range of uses allowed within some districts . without any provisions for making :at: 1 potentially conflicting uses compatible .., through site design or other development - " a; criteria.For example,an auto body repair shop,warehouse or other light industrial, commercial or office use could be the OMB immediate next door neighbor to a row of it tit well-kept single family homes.No landscaping,setback or other design _ _ standards would apply to the non- residential uses in the neighborhood. , These zoning regulations contributed to patterns of neighborhood change and disinvestment.In some older ing and a lack of easy-to-use summaries or Incompatible comme'cial and neighborhoods,residential structures were schedules of zoning requirements also residentio uses contributed to serious prab�em5 in Raanoke'r replaced by office,commercial or multi contributed to neighborhood conservation oldest nei flnborncods adjacent family housing in conflict with the scale and concerns.Homeowners,builders and neigh- to downtown architectural character of the area.Other borhood organizations had to struggle to un- neighborhoods suffered from inadequate derstand the complexities of the ordinance, separation of residences from new industrial particularly as it related to the districts and uses.Serious deterioration,abandonment classifications. and eventual demolition of some of the Another key concern was the adminis- citys oldest homes occurred. tration of the ordinance itself.Under the Other regulatory problems for neigh- existing system the functions of the three borhood conservation included: regulatory boards with land use decision- • a lack of flexible provisions for developing making authority were not equally staffed or new"infill"housing on vacant lots; coordinated.These three bodies—the Plan- 13* PROPOSED ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS city Council Architectural Planning Review Board ! Board of Commission Zoning Appeals Reviews of Reviews of Reviews of Special Historic s r Rezonings, Zoning Appeals, Districts SltePians, ii��ea°�r���Eee Variances& &Subdivisions Special Permits 1 Office of Current ... ...........•.....,..... Community so rai• sirs ® rrm Planning Relationships& Responsibilities IIseise Need to Formalize Responsibility MIME MN Need to Strengthen Interaction ping Commission,Architectural Review plans,are currently the responsibility of the Board and Board of Zoning Appeals—have zoning administrator. This process excludes a major impact on how the zoning and re- the major planning decision-making body lated land use regulations are implemented. the Planning Commission,from delibera- Under the existing system,only the Plan- tions on development activities.The lack of ping Commission and Architectural Review a formal orientation or training program for Board receive planning staff assistance. The board members or commissioners to help Board of Zoning Appeals (BZA)does not them understand how their decisions have planning staff support,although many worked together to affect development in of its deliberations would also benefit from the city also contributed to communication such staff input. For instance, the BZA has and coordination problems among the three authority to permit special exceptions (the regulatory groups. Moreover,no clear set of allowance of a use not ordinarily permitted policies had ever been developed to define in a zone) and to grant variances (reason- the community's interest in preservation, able deviation from zoning provisions for a design quality,commercial development,or specific property which would otherwise neighborhood conservation.Without this cause hardship). Frequently;findings re- commonly-defined and accepted charge, the quired for these actions include planning as needed coordination among these bodies well as economic considerations. was difficult to achieve. The review and approval of develop- ment plans,including major development *14 Roanoke Vision Process .47 The Roanoke Vision Process was designed public and private investment and action to develop a system of coordinated land strategies.To achieve this kind of use policies and regulations which reflected coordinated approach,the planning team basic community values,including the im- and a citizens' review committee conducted *= portance of preserving and improving the a complete review of existing zoning/land city's older neighborhoods,revitalizing its use conflicts and drafted a new preservation- downtown,encouraging appropriate eco- focused zoning ordinance. nomic development and enhancing the PUBLIC PARTICIPATION -I I city s physical and environmental image. The public participation process was based Keynote address at Roanoke This process involved three parallel work on the premise that when planning begins Vision Forum by newspaper efforts: with good communication a lively ex- publisher waiter Rugaber Public Participation—This element of the change of information and ideas—it will re- process included workshops,media and sult in effective actions with broad support. public surveys designed to inform,involve Over the last decade, Roanoke has proven tk Al! and solicit the ideas and concerns of that when citizens are given a real chance to Roanoke Valley citizens. help solve neighborhood,downtown or all other civic problems,planning and zoning • Comprehensive Planning—The ; _ are no longer dry,technical matters. Instead, development of a new comprehensive plan they are ways to reach common solutions to e 'N. provided an opportunity to define new everyday problems.Active and creative corn- policies and detailed public/private action munication can make planning come alive. Caa¢"$;dE;t fie;gag strategies to carry out preservation, Communication elements of the Roanoke neighborhood conservation and other omm.r,,, g Vision Process include the following community goals.The resulting Roanoke plan tn9 F,5 elements: Vision Comprehensive Development Plan 1985-2005 is a guide to the positive Roanoke Vision Comprehensive Plan planning and development actions needed Advisory Committee and Ordinance Review to ensure the city's continued revitalization Committee—A City Council-appointed and growth.This technical planning Comprehensive Plan Advisory Committee element was prepared by a planning team of and a citizen-based Ordinance Review Corn- consultants and city staff with participation mittee played key roles in developing the by community representatives. Comprehensive Development Plan and zon- ing and related land use regulations.Repre- Zoning—The regulatory element of the sentatives from the City's development- • process was designed to improve land use related boards and commissions and neigh- regulations based on the goals of the borhood organizations served on both corn- Comprehensive Plan.These new mittees.Because of its technical focus,the regulations will help implement the plan Ordinance Review Committee also con- within the kind of active revitalization and tained representatives from the business, development climate that the plan's action construction and engineering sectors of the strategies encourage.As a preservation tool, community.These committees met monthly zoning and other regulatory measures are to review work in progress and also partici- controls on the land use and development pared in the other elements of the participa- process and must be paired with positive tion process. 15* �,�RTO, T Roanoke Vision TV Special—This prime time cause of the interest in Roanoke Vision,the �/��[ /N- television special,produced by the planning Forum received excellent press and media TV Special Tonight! team and broadcast by the local IBC affili coverage. 3mdn.ana June 26,740PM•WOISMHO ate,highlighted the history of planning in `F.bA Obed'"•^••��^^ •da. Roanoke and the problems and opportune- Planning{tiirkshops—Through a series of tor no MY•Mv •"•°'"°°""`"'°"`"°'"°"'"'""'"" three planningworkshops,a representativeWPM ties the city faced in balancing preservation, P p • pop�°"'"""•"m" group of citizens developed m•• Mmwnak•vu9.9 revitalization and development trends.A Call PPM g P p d a comprehen- ���.'.."the shawl special call in segment after the broadcast slue set of community values to be reflected 3NIMr¢mMUV41on 9bmYq twmrM 9w in the Plan and revised zoningordinance, •NTalwdYd9w 3bb•••�n Poo.. allowed viewers to register their concerns •n•.9 •.•,•M.•r•..M?•.„ •„ro, with the planning team. provided information on specific neigh- con M..35Ua9Mf]Sdaoman. p� c� j borhood and city-wide issues,and reviewed a4 soo�9.9• ,,;� j Roanoke Vision Survey—The Roanoke preliminary Comprehensive Development Vision TV Ad Vision Survey,published as a newspaper Plan concepts. supplement,reached over 165,000 Roanoke Valley households on the same day the Community and Civic Meetings—The -P196N-'1441111 above TV special was aired.These two coor- Roanoke Vision Planning Team met with dinated public information events provided key public boards and commissions,profes a way to announce the beginning of what sional organizations and civic and neigh111 . was to be a year-long citizen involvement 4 borhood groups to solicit their ideas and to it process and helped capture people's atten explain the issues being addressed in the #k don about planning and zoning—two issues Comprehensive Development Plan and egg usually seen as dry and technical until they related land use regulations. " `- affect citizens in their own backyards. The ideas,hopes and concerns people Vision Newspaper Survey In addition to providing background brought to the public participation events information on Roanoke's rich planning in the planning process helped shape a legacy and current issues facing the city,the common vision of the kind of community Roanokers would like their city to be.The Roanoke Vision Survey provided citizens with an opportunity to register their opin- results of the Roanoke Vision Survey, Forum and Planning Workshops as well as civic and ions on a range of planning and develop- ment activities.The results of this survey neighborhood meetings directed the devel were used directly in the planning process. opment of the Plan and revised zoning ordinance. Specifically,the planning team Young people were also invited to respond through a"Dreams for Roanoke" investigated the issues,conditions and po- contest.Through drawings and stories,chil tential planning,development or regulatory actions identified by citizens. Preservation dren 14 and under shared their ideas, and neighborhood revitalization issues were dreams and hopes for Roanoke's future. Re central concerns.Two companion reports, vitalized neighborhoods,new parks and more were illustrated by contestants.Win- Building the Roanoke Vision:A Summary of ners in several age categories were awarded Citizen Response at the Roanoke Vision savings bonds by local banks and gift certifi- Forum and Public Opinion Survey.A Sum Cates by local merchants. mary of Citizen Response to the Roanoke Vision Survey 1985,provide more complete Roanoke Vision Forum—This public town discussion of these issues. meeting brought together over 200 key civic,business,neighborhood and govern- COMPREHENSIVE PLANNING ment leaders for a day to discuss critical The planning team conducted professional ingredients in Roanoke's quality of life and evaluations and developed planning recom- the policy and regulatory issues the city mendations in parallel with the public faced in its continued revitalization and participation aspects of the planning growth.The Forum was planned and staged process. as a major event—a chance for those con- cerned with every aspect of life in Roanoke Analysis of Existing Conditions—In to take time to consider the city's future,Be- conjunction with City administrators and staff,the planning team examined *16 ROANOKE VISION SCHEDULE 1985 1986 • M J J A S 0 N D J F M A M 1.- Comprehensive Plan Analysis& ► Development& ► Review& Public Information Participation Approval Zoning Research& Produce Zoning •,r Approvals Analysis '' Develop Draft ••► Recommendations demographic and economic data, Approval of Comprehensive Development investigated land use and zoning conflicts, Plan—The Comprehensive Development evaluated local and regional issues and Plan won unanimous approval by both the listened to citizen concerns.As background Roanoke City Planning Commission and the for this work,a group of citizen investigators City Council. Public hearings prior to prepared a comprehensive land use approval indicated strong support for the inventory of the city,the first such update in Plan's recommendations. over 10 years.This team,which represented ZONING a cross-section of city neighborhoods,was trained through field workshops and was While the development of the Comprehen- supervised by members of the Planning sive Plan was underway,the Planning Team Team. Citizen participation,even in this also began a review of Roanoke's zoning and technical area,helped inform the planning related land development regulations as a process and expand citizen awareness of major implementation tool for Roanoke Vi- neighborhood conditions.A review of sion values and recommendations,particu- existing City departmental planning efforts larly at the neighborhood level.This as well as current project and program coordinated analysis was critical if the over- actions was also a major part of this effort. all vision outlined in the plan was to be achieved. Analysis of Components and Preparation of Final Comprehensive Development Plan— Analysis of Existing Zoning Ordinance and The planning team analyzed and prepared Map—The planning team,supplemented by recommendations for major components of zoning and land use law experts and a Roanoke's land use and infrastructure, citizen review committee,developed a testing each in terms of its relationship to systematic analysis of problems within the the other,and synthesizing them into a final existing zoning text and zoning map. composite plan and set of policy Problems identified within the text included recommendations.A major component of general citywide concerns,but highlighted the plan is a three part neighborhood action those issues impeding preservation,design strategy designed to 1) maintain stable quality and neighborhood conservation. areas,2) improve transitional or problem Land use analysis and mapping helped areas,and 3) change seriously deteriorated identify key areas of use and density conditions. conflicts negatively affecting older, established neighborhoods. 17* The ideas, hopes and concerns people brought to the public new ordinance began.Legal and city staff participation events in the planning process helped shape a corn- review preceded a new round of citizen mon vision of the kind of community Roanokers would like their review. During the summer of 1986 the city to be. Ordinance Review Committee will review the proposed text and send it on to the Planning Commission's subcommittee responsible for ordinance preparation. Identification of Alternate Zoning Provisions Because key members of this committee —In a series of monthly workshops with the were involved in the citizen-based citizen-based Ordinance Review committee's ordinance review process,this Committee,proposed changes for each step is expected to be one of final review section of the ordinance were developed. and refinement. For example,all residential issues were Public Hearings,Approvals and Adoption analyzed first.New zoning district classifications,lot sizes,allowed uses, Process—The final step in the review preservation techniques and more were process is consideration of the proposed identified and debated for residential zoning zoning ordinance and map by the full categories.The Planning Team then Planning Commission at public hearings. prepared a preliminary draft text and a This public hearing process is expected to summary schedule to reflect the direction take place during the fall of 1986.The set by the workshop process.This method, Planning Commission will then which brought new ideas and built recommend an approved ordinance to the consensus into the process,was used for City Council for adoption. Citizens will also have the opportunity to participate in public each component of the ordinance including hearings before the City Council acts on the commercial,industrial,site/development plan guidelines,and subdivision proposed ordinance in late 1986.However, regulations,as well as overall regulatory because of the extensive community involvement in the development of the administrative procedures, ordinance and the broad support for the Review of Proposed Zoning Text and Maps— Comprehensive Plan upon which it is Once overall agreement was reached on based,extensive revisions are not expected each element of the zoning ordinance, during the final approvals process. detailed drafting of the proposed text of the The citizen-based Ordinance Review Committee participated in all stages of '4111,‘ zoning analysis and review t ry 1 l : Al t®tt E fPt • 6z,4 g ' 4d-14 • • t 4'1A - *18 Revised Zoning Ordinance PRESERVATION AND NEIGHBORHOOD STATEMENT OF PURPOSE t CONSERVATION ELEMENTS The proposed zoning ordinance is intro- New zoning provisions which address his- duced with a new preservation-oriented toric preservation and neighborhood con- statement of purpose.A general statement is servation issues are built into the structure followed by two specific provisions. of the ordinance at all levels.The basic state SEC.36 1 PURPOSE. ments of purpose and intent,the require- ments of individual districts,special overlay Zoning regulations and districts are set forth zones and various administrative pro- in this Chapter for the general purposes of cedures,preservation,design quality and implementing the Comprehensive Plan of the neighborhood conservation are all explicit City of Roanoke;ofpromoting the health, concerns and underlying values.None of safety, comfort,prosperity and general wel- the changes alone are remarkable,yet taken fare of the public;and of achieving the fol together they represent a new approach to lowing speck purposes:. . . removing the regulatory impediments to f to protect and enhance the scale, preservation and revitalization in one city. character and stability of existing neigh- The details of Roanoke's case are very spe- borhoods, and to protect against destruction cific to the unique set of conditions within of or encroachment upon areas which con- the city's older neighborhoods created by an tribute to the character of the city; outdated and outmoded zoning code and g. to facilitate the creation of a convenient, map.However,the discussion of Roanoke's harmonious and attractive community, and solutions should help other localities dis �� revise �0�' ti �� to protect the natural beauty and special s�Fs,g e3 �, ^, w cover and examine the trouble spots in their natural features of the city and the sur- cnorocte and;. e tte own ordinances. In addition,several good rounding region;. . . city s C,e'ne 7, " ideas which would increase the effec- tiveness of the zoning ordinance to meet preservation goals could not be applied in Roanoke because of constraints or lack of clarity in Virginia state enabling legislation. These ideas will be discussed briefly in a `�" following section for the benefit of localities . in states with broader state provisions and to y inform Virginia communities concerned = " with state policy and legislation. , " . - - r. , For each of the proposed zoning revi- sions discussed below,a summary of how - ,,� .;- the revised text will help resolve preserva #:_.,-- -- tion or neighborhood issues has been in- — I eluded.Where applicable,direct language I from the proposed text has been included in "` the example.Please note that the following examples are based on the proposed zoning text. Further refinements may be made dur- ing the final approvals process. 19* Identifying preservation and de.ign qu'}lity RESIDENTIAL DISTRICTS in the statement of purpose is critical to One of the major problems with the pre- 11 help provide a legal basis for the many spe- vious ordinance had been the lot size re- cific provisions in the ordinance.It also pro- quirements imposed over the built fabric of vides those who administer the ordinance a the city in 1966. In certain single family clear statement of the value to be accorded zones,for instance,the 1966 ordinance im- preservation concerns- posed larger suburban lot size requirements DISTRICTS for new development,at variance with exist- ing platted lots.This contributed to general The new zoning ordinance establishes 18 disinvestment in older neighborhoods and specific districts within four classes: the resulting problems of vacant lots which Residential districts were too small for new construction. In re- RA — Residential Agricultural District sponse,the new proposed zoning reduces the minimum lot sizes in two of the single RS i — Residential Single-family* family zones,the RS 2 and RS 3,in order to RS-2 — Residential Single-family help alleviate the problems of undersized RS-3 — Residential Single family*O and nonconforming lots,particularly in the RM-1 — Residential Multi-family, Low Density District* city's older sections. In the multi-family cat- RM-2 — Residential Multi-family,Medium egories,the zoning strategy includes broad Density District*° ening the duplex zone,RM-1,to respond to RM-3 — Residential Multi-family,High townhouse market%.fends.Anew zoning cat Density District egory,RM-2,which has no present equiv- RM-4 — Residential Multi-family,High alent in the current zoning ordinance,has Density District also been added,which will actually corre- Commercial districts spond to built densities (17 units per acre) CN — Neighborhood Commercial in many of the citys developed neigh District*o borhoods.This is critically important be- C 1 — Office District* cause the two previous multi family zones only provided densities of either 24 units to i C 2 — General Commercial District C-3 — Central Business District the acre or 43 units to the acre.These densi- ties,considerably higher than the "as-built" Industrial districts �' conditions in several large neighborhoods,LM — Light Manufacturing District* threatened them with demolition for inap- tt HM — Heavy Manufacturing District propriate high density apartment construc- Special districts tion,parking lots and related uses.The RPUD — Residential Planned Unit proposed new zoning will provide catego- Development District*o ries with multi-family densities of 12 units t and 17 units to the acre.This will encourage IPUD — Industrial Planned Unit Development District° infill housing in keeping with the character H-1 — Historic District* of other homes on the street and help pre- H-2 — Neighborhood Preservation serve the more livable and desirable existing District*O neighborhood scale.The two higher density Several new districts have been established categories will remain and will be mapped only where they reflect the existing or de specifically to achieve neighborhood con- servation. Other district regulations have sired density of the district.New develop ments requesting higher densities will then been changed to contain preservation provi <<' be handled on a case-by-case basis and will '` sions or to more subtly encourage preserva- tion and neighborhood revitalization.The require rezoning.The net result will be a development plan standards for every dis full range of potential density zones,giving Denotes districts with trict have been strengthened. much more flexibility to the public sector preservation intent or and community to control preservation and provisions development in individual neighborhoods Denotes new district as a function of their context. *20 Many small lots in older neighborhoods were left vacant because the existing / �` ,� zoning ordinance required �� larger lot sizes for new n ( ® {II development 13 l 1TI 7 Iproposed new Under the p p I_ �1 _______ r (� -� ,� � ji zoning ordinance,infill II_ 6 �r __,L �— It _; = I — — construction on small lots will P' be allowed and encouraged Residential Text Examples and would allow for the development of Each of the proposed single family districts small or irregularly shaped vacant lots with (RS-1,RS-2,RS-3)and two of the lower a variety of dwelling types. multi-family districts (RM-1,RM-2) include The RM-1 District also allows the small preservation of existing neighborhood 5,000 sq.ft.lot size with a 50 ft. lot frontage character as a specific intent of the district. to help maintain the scale and character of For example,the RS-3 (Single-family),the many of the older neighborhoods while al- RM-1 (Multi-family,Low density),and the lowing slightly higher densities which can RM-2 (Multi-family,Medium density) Dis- be accommodated within existing structures tricts are designed to encourage rehabilita- or sensitive infill construction.This district tion and infill construction in existing can be mapped in areas which currently al- developed neighborhoods by allowing low duplexes as well as areas now inap- smaller minimum lot sizes and less restric- propriately zoned for higher density multi- tive yard requirements.The specific preser- family or commercial uses,but actually ele- vation intent is stated in the following way: veloped at approximately 12 units per acre. RS-3 Residential Single Family District Several such inappropriately mapped dis- tricts now exist and create unwanted incen- SEC.36-88 INTENT tives to demolish structures for higher The RS-3 District is intended to provide for density or commercial uses. medium population densities,and to pro- mote and encourage the revitalization and RM-2 Residential Multiple-Family, preservation of single-family neighborhoods Medium Density District in the inner areas of the city. The district is SEC.36-125 INTENT also intended to allow for the development of The RM-2 District is intended to encourage small or irregularly shaped vacant lots with the preservation and enhancement of city single-family dwellings. neighborhoods which have historically devel- The RS-3 District recreates the small oped with medium population densities;to 5,000 sq.ft.lot size and 50 ft.lot frontage provide for a compatible mix of housing throughout the older areas of the city to ac- types which encourage innovative infill de- commodate many existing and presently velopment in existing neighborhoods, and to nonconforming lots and to encourage infill accommodate the efficient use of utilities. development.When it is mapped it will re- The new RM-2 District allows single- establish these small-lot residential areas as family detached dwellings,two-family viable neighborhoods. dwellings,townhouses and multi-family dwellings at a density of 17 units per acre. RM 1 Residential Multi Family, This district will be most useful to protect Low Density District those neighborhoods previously zoned for SEC.36-106 INTENT densities 1 to 2.5 times higher. The RM-1 District is intended to permit a mixture ofsingle family,duplex and town- Uses in Residential Districts house dwellings in areas of the city where Another factor which will help promote such a mixture would aid in the preserva- neighborhood revitalization on a general tion and revitalization of neighborhoods level is the uses allowed in various residen- 21* A coordinated analysis of Roanoke s zoning and land devel p- downtown area.Previously,the zoning only ment regulations was critical if the overall vision outlined iii the allowed dwellings above stores on the plan was t0 be achieved ground floor,in buildings predominately commercial in nature.The zoning revisions permit multi-family apartment buildings, townhouses,and the conversion of upper tial categories.As a whole,allowed uses and floors in existing buildings to residential use definitions have been clarified and made in and adjacent to downtown. more consistent.Some new or expanded Downtown housing should contribute uses such as residential day care or small- to the pace of central business district re scale day care centers for children and the vitalization in Roanoke by providing for the variety of uses necessary to create a lively,elderly,important services within neigh- truly 24-hour center.These dwellings will borhoods,have been added.The numbers of children or adults who may be cared for serve those residents who are looking for a vary within the zoning classifications,with central walk-to-work location.The occu the most restrictive requirements in the es pats vaiii catfiixste to the market fat hew expanded commercial uses,and to the tablished large-lot,single family areas. viability of the City Market and Warehouse Accessory apartments are allowed by special exception in two single family cate Historic Districts. gories (RS-2 medium lot and RS-3 small General Residential Development Guidelines lot).Allowing accessory apartments has Site development guidelines in.residential preservation,social and economic benefits neighborhoods for rehabilitation and new for neighborhood conservation and permits construction have been strengthened to family members to make use of extra space help maintain neighborhood scale and while remaining in and maintaining older character.For example,in order to encour- homes. The ordinance defines an accessory age preservation of the existing front yard apartment as "a second dwelling unit within setback(the distance a structure is from the a single family detached dwelling where the street),the new proposed ordinance will accessory apartment is clearly incidental maintain the streetscape by requiring the and subordinate to the main dwelling;and setback for infill construction or major reno- where it occupies no more than 25%of the vation to be the average distance established gross floor area of the single-family de- by adjoining properties. Development plans tached dwelling.'A variety of community will now be required for more types of de- service facilities are also allowed by special velopment and street trees will be a re- .,' exception. Other expanded uses are allowed quired element of all development plan in the two historic districts and are dis- approvals. Development plan requirements ; : cussed in more detail on page 28. .- Right Sensitive innil designs such as these will be Downtown Housing a encouraged under the Problems in inner•ci residential h 5. proposed new zoning �' nei gle -, ordinance borhoods surrounding the Central Business t. District can be attributed,at least in part,to the decline during the early 1970s of the I �� -14 downtown core area. Renewal actions,in r, eluding clearance and displacement,and �, the desire to discourage vagrancy and tran ` sient housing in the downtown area � § amounted to a virtual public policy that re- , � � stricted residential development in the busi- 1 ness district. Contributing to this pattern in Roanoke � were the zoning restrictions on the con- -- t tt' k r struction of multi-family housing in the *22 i for multi-family construction also have en- proposed new requirements are designed to hanced provisions for providing open space, make the commercial uses more compatible buffers between uses and landscaped yard with their residential context.The new and parking lots. focus is also on preserving the remaining A proposed new provision to allow for residential uses in these areas.At the same clustered residential new construction or in- time,the proposed ordinance very carefully fill includes development plan criteria expands the kinds of commercial or office which allow a modification of certain zon- uses allowed to make the preservation of the 1 ing requirements to encourage the preserva- significant historic structures located in tion of historic features,natural areas and these areas more economically feasible.The open space. C 1 District includes a floor area ratio(FAR), yard requirement and lot coverage which i COMMERCIAL DISTRICTS approximate the RM-2 residential district. The intrusion of inappropriate office or corn- Even though the allowed commercial uses mercial uses into residential areas was an- are ones which are compatible with residen- 4 other of the critical issues facing Roanoke's tial areas,separation between commercial neighborhoods.At the same time,neighbor- and residential uses is required through hoods value appropriately-scaled commer- landscaping or other buffers. Parking must cial services and wanted to find ways to also be carefully screened. strengthen existing centers,revitalize failing The C-2 General Commercial District is areas or cluster new development. One new the zoning category which applies to all commercial district,the CN Neighborhood other commercial areas outside the down- Commercial District,and revised use and town area,including existing strip commer- design requirements in other commercial cial developments-New regulations for the -£ districts address these problems. C-2 District promote neighborhood conser- 4 vation and design quality in several ways. �s Commercial Examples The major benefits are a much stronger em The CN Neighborhood Commercial District phasis on buffering between commercial r - allows neighborhood oriented retail and and residential uses and enhanced land- ' 1. service uses. It is designed to support sur- scaping standards including larger setbacks . rounding residential areas and will have a and lower lot coverage.Stronger regulations -° direct preservation intent when it is mapped on auto-related sales uses and fast food es in existing neighborhood commercial cen tablishments have also been included in this ters.The revised regulations encourage the district.In addition,height restrictions sen- ' scale and orientation of the older,successful sitive to the neighborhood context of the Housing development through commercial centers in many neighbor- commercial area have been added in both new construction and renovation will be allowed In hoods.This means: the C-2 and C-3 Central Business District. t down,ow^Roanoke to bring 24 • pedestrian orientation and human scale These restrictions limit a building height ac- hour uses to the City Center. through height, lot,parking,outside stor- age and floor area limits; ,�� • neighborhood convenience by providing ;_,_ , u uses to include a range of personal and , household sales and services. Provisions , - are included for using a small super- market of up to 15,000 square feet as an _ -. anchor for the center.Auto-related service - - ° uses are allowed in the CN District only with design restrictions and through the special exception process. In the C 1 Office District,formerly a fit or zoning category applied to many older, £, stately residential areas as a means of shift- , ing from residential to commercial use,the 23* cording to its proximity to a residentiai or INDUSTRIAL DISTRICTS historic district. The primary preservation and neighbor- hood consertion benefits€ram changes in Other Commercial Changes Provisions which have been taken out of the the two industrial zoning classifications are proposed commercial districts and map are that strengthened design and landscaping also important for neighborhoods and pres- requirements in both the LM Light Manufac ervation.The previous C-4 District,formerly tursng and the HM Heavy Manufacturing Districts will make industrial uses be better a kind of holding zone for expansion of the Central Business District,has been deleted. neighbors. Previously there were no mini- mum lot sizes,lot coverage or setback re This zone was mapped over some of the city's oldest neighborhoods,including those tiu7ternents in these zones.Hew regulations establish criteria for lot sizes,lot coverage, once slated for urban renewal and including part of what is now the Southwest Historic setback,landscaping,and buffering from ad District.This zone,which allowed auto re jacent uses.The requirements of the LM pair facilities,warehouses and outdoor stor- District also accommate and preserve.the character of the oldest industrial areas in the age for downtown businesses,severely damaged older neighborhoods as well as cif'' the entrances to downtown Roanoke,and therefore,the visual perception of the city. SPECIAL DISTRICTS In addition,the previous ordinance al- RPUD Residential Planned Unit Development lowed residentially zoned properties located The previous planned unit development dis- vl trict had very burdensome financial and de- velopment plan requirements and was not__ widely used.Hence,the more innovative �" „F site and design guidelines it contained were „. \ ., 7. never effectively tested.The new district is t � designed with an explicit preservation/ �+ , neighborhood revitalization intent.Through l a development plan process,the RPUD en 3 es innovative_ courages e rehabilitation of exist- . ing buildings and new infill construction Ili that is compatible with the existing neigh borhood context in terms of scale,materials, ; ■ 3 .'� landscaping and more.The developer also receives one extra"bonus"unit of residen- tial density for every rehabilitated unit in- :J./ eluded in the project.An �� ' � - �'� � �.� �� P 1 appropriate mix of commercial and community service or pub- A new neighborhood adjacent to commercial properties to be lic uses also are allowed in combination commercial zone will help with the residential development to used as commercial ensure needed neighborhood properties without re- services but discourage zoning through a transitional zone provi strengthen the total community context. E` inappropriately-scaled sion.This allowed commercial uses to commercial encroachment in H-1 Historic District gradually enter residential areas without The proposed H-1 District is a minor revi residential areas. specific Planning Commission approval. sion to the city's existing historic overlay This provision has now been completely de- district designed for preservation of histor- leted.The transitional zone provision also ically significant,National Register quality, applied to categories within the residential buildings and intact areas.The existing dis- districts and between commercial and in- trict,similar to many other cities'historic dustrial,and residential and industrial uses, overlay districts,has been in effect since although its greatest negative impact was 1979 and is mapped at two sites in the commercial encroachment into residential downtown area—the City Market District areas. and the Warehouse District.The proposed *24 improvements to the H-1 District will help lition and the effect of the structure's loss on clarify the design review process and fur- the district,are seen as some of the most ther discourage demolition. Stronger design important controls in the district.The H-2 guidelines based on the Secretary of the In- District demolition provisions,which are terior's Standards for Rehabilitation have the same as those contained in the H-1 Dis- been added.These guidelines require all trict,require a property owner to follow ei- exterior modifications,including paint color they of the following steps before he will be and design details to be reviewed and ap granted a demolition permit.The first alter proved by the Cit}'s Architectural Review native requires an owner to submit a devel- Board.No historic landmark,building or opment plan for the new construction to be structure within the H-1 District can be de- built on the site which is compatible with molished or moved without the approval of the existing neighborhood character and the Architectural Review Board.In the pro- meets specified design guidelines.If this posed H-1 District,this approval for demoli- development plan is not approved,the tion is based on an approved development owner must offer the building for sale for a plan for an appropriate replacement strut- specific period of time based on appraised Lure and an established process through value so that it may be preserved.The sec- which the owner has actively offered the and alternative is simply to offer the build- property for sale.Provisions of the existing ing for sale for the specified time period. . H-1 District have been successfully applied Under Virginia law,if neither alternative is in the revitalization of the once again successful in saving the building or provid- vibrant and attractive market area.The pro- ing for a compatible new development,the posed revisions to the H-1 District regula- property owner may continue his applica- tions are expected to contribute to this Lion for a demolition permit through a City area's continued revitalization. Council public hearing process.While these provisions will not stop all demolition,they H2 Neighborhood Preservation District add a significant deterrent. Previously,an The H 2 District is designed to encourage owner simply had to show proof of owner- the conservation and revitalization of older 4 " mise ship to obtain a demolition permit.This neighborhoods through the use of a flexible proposed new process opens the procedure overlay zone which includes design guide to public review and allows time for neigh- lines to protect the neighborhood context borhood and preservation groups to make (scale,setback,height),but does not im active and positive efforts to save threatened . pose the same level of design review as the structures and have input into the develop- more detailed H-1 district.This district is in ment process. �!► tended to guide both the private mainte The H-2 District also allows alternative ' -.q nance and investment of homeowners and uses such as bed and breakfast accommoda- I the public/non-profit rehabilitation of resi Lions,art galleries,and other specialty uses *. .-', dential and commercial structures in older in historicallysignificant structures in the neighborhoods,many of which are pri- g A Mary fartherS'market,the marily low and moderate income areas.The district to make their preservation more oldest continuously operotn economically feasible.It is also hoped that n"^=` `s VNa"la•brings Architectural Review Board will review all sl = .s from tR=`ego+'• creation of these overlay districts will help new construction,reconstruction,additions increase awareness of the city s many his or deletions of floor area and demolitions in toric resources among the general public t the H-2Districts and can provide design as and help spur more investment by home ` sisranee to applicants.The district's provl- owners.More City incentives such as tax sions,however,do not impose overly strict credits or expanded rehabilitation loan pro- requirements on the homeowner for routine grams are also a possibility. Expanded use of maintenance or minor changes such as win- p revolving loans,loan guarantees and other dow or roof repairs.The emphasis is on financing mechanisms are also being ex- conserving the neighborhood context rather plored through the development of a new than regulating all design details. non-profit housing development corporation The demolition restrictions,which pro which would assist neighborhood organiza- vide for review of the purpose of the demo- 25* N CDC of the zoning changes is remarkable yet taken toge ter social, cultural or artistic heritage of the they represent a new approach to removinc the regulatory im- community, or such significance astowar- petments to preservation and revitalization In one City rant conservation and p,eservatiom. SEC.36-345.DISTRICT REGULATIONS;CERTIFICATE OF APPROPRIATENESS tions in their preservation and revitalization a Within the H 2 District, no building or efforts. structure shall he erected, demolished, Key sections of the text of the H•2 Dis moved or structurally enlarged or reduced trict which specifically address the conser in floor area until a certificate of appropri- vation of neighborhood character rather atenessfor the same has been issued by the than historic significance are highlighted Architectural Review Board, or, on appeal below: by the City Council, upon finding that the erection, demolition, moving or structural H2 Neighborhood Preservation District. change is architecturally compatible with SEC.36-342.INTENT those structures within the district or in keep- The designation of the H-2 Neighborhood ing with the intent of the H 2 District. Preservation District is intended to ensure b.In such cases where a certificate of appro the preservation of buildings which in their aggregate or individually, are of special prateness is required by this division, the communitysigni�cance. The general intent ZoningAdminrstratorshall issue no permit includes,among others, the followfn : c until such certificate has been issued. Once g specific the Zoning Administrator has issued such a purposes permit, he shall routinely inspect the work a.Encourage preservation protection and being performed to ensure compliance with maintenance of structures and areas ofar- the terms of the certificate of appropriateness. chitectural, historic or cultural importance c.Nothing in this section shall be construed b.Permit new construction, or alterations to prevent the ordinary maintenance of any which increase floor area of buildings in building or structure in the H-2 District conformance with the existing scale and which does not require a building permit, character of the community,• nor to prevent the demolition or raising of C.Discourage demolition of buildings that any structure or building which the Zoning are suitable for rehabilitation and conti'n Administrator certifies in writing is required ued use for public safety because of an unsafe or dangerous condition. f SEC.36-343.DESIGNATION d.After a given area or property has been The City Council may, in the manner pro zoned H-2, the Architectural Review Board vided for amending supplementing or changing this Chapter, including the Officialmay recommend to the City Planning Corn- Zoning Map,designate as an H 2 District ap mission that more speck regulations may propriate areas: Zoning adopted for that particular district. [. . .j Right New restaurants and a.Adjacent to landmarks designated historic shops in oia commercial buildings are bringing new fifeby the Virginia Division of Historic t ,, t' t,downtown Zooeot Y Landmarks; b. That contain structures or groups ofstruc i tures which embody the distinctive charac- teristics of a type,period or method of construction or that represent a significant and distinguishable entity although compo- . nents may lack individual distinction or c. That contain buildings or places having � � special public value because of notable ar - �..i� "6161` 1 chitectural or other features relating to the *26 SEC.36-346.GENERAL GUIDELINES FOR REVIEW The fu'Ier range of potential density zones will give much more In order to achieve the purposesoftheH-2 flexibility to the public sector and community to control preser- I District, the Architectural Review Board shall vation and development in individual neighborhoods be guided in their decisions by the stated in- tent of the H-2 District and by the standards 1 and guidelines set forth below. a. The appropriateness of the erection or SEC.36-347.DEMOLITION-CERTIFICATE OF structural enlargement or reduction shall be APPROPRIATENESS REQUIRED considered in terms of compatibility with the a.A certificate of appropriateness shall be re- distinguishing cultural, historic or architec- quired to demolish any building or structure tural features of the district. in the district.Prior to the issuance of a cer- b.Since styles and details vary from one H-2 t f cate of appropriateness for demolition of a District to another and from one section ofa structure within the district, the Board shall particular H-2 District to another, new con- make the following findings. struction and enlargements should recog- 1. The purpose and necessity of the demoli- nine relationships among buildings in the tion are in accordance with the public inter- immediate setting rather than specific styles est and the intent of the district. or details. 2. Loss of the structure would not be adverse c. Where new construction, or structural en- to the district or the public interest by virtue largements or reductions are proposed, the of its uniqueness or its significance to the design should take into account those special district. i visual and spatial qualities that the H-2 as.- 3. Demolition would not have an adverse 1 trict is established to protect, including build- effect on the character and surrounding en- ing heights;scale of buildings;orientation; vironment of the district. spacing site coverage;and exterior features b.In addition, a development plan for a re- such as porches, roofpitch and direction and placement building structure, or use shall landscaping be submitted, reviewed,and approved by the d.Every reasonable effort should be made to Board prior to demolition consideration. provide a compatible use for a property c.Demolition may also be undertaken if the which requires minimal alteration of the owner of the property has offered the prop p7ops, ' �. ,nod to I structure or site and its environment. erty for sale in compliance with Section 0,0•;e c#,,.;-1 to 0e1010 a e. The distinguishing original qualities and 36-331• ciaT,oh,c.,'se•- q 1 character of a district should not be destroyed. f Contemporary design for new construction and enlargements to existing properties 4r should be compatible with the distinguishing characteristics of the surrounding properties and the district. _ g. Where design guidelines have been estab- _ .- - , r lished and officially adopted fora district or portion of a district, any new construction or changes shall be in conformance with those a ' guidelines. Such guidelines may control the ._7 , design of structures in terms of their archi- - tectural details or materials. _ b.For structures or buildings on the Virginia , -. .� - ..,. y„,,,..,.� ,, . Landmarks Register, the National Register of ,, , s .. _ _ + Historic Places, or eligible for such Registers, ' :,' . consideration also may be given to applica " ble review standards established in Section 36-329 of the H-1 District. 27* t Height restrictions sensitive to the neighborhood context of ;he to the existing neighborhood character.This commercial area have been added in parts of the Central Busi- underlines the charge of the Board of Zon- ness District. These restrictions limit a building height according ing Appeals to.protect the neighborhood to its proximity to a residential or historic district context when making decisions. ADMINISTRATIVE PROCEDURES A new division has been added in the ad- SUPPLEMENTARY REGULATIONS ministrative section of the proposed ordi- New provisions for special uses in historic nance concerning the City Planning structures have also been included in the Commission.The spirit of this section is to proposed new ordinance.These provisions implement the new Comprehensive Devel assist in pSeselving stnictu es of histoiiC opment Plan. One of the plan's recommen merit,including any building in an H-1 or dations was that the Office of Community H-2 District that is listed on the National Planning provide staff to the Planning Com- Register of Historic Places,that is eligible mission,the Architectural Review Board and for the National Register or that contributes the Board of Zoning Appeals.Previously to a fegisteved distsict.[Uses within this cafe this Office did not provide assistance to the gory are allowed through the special excep- tion Board of Zoning Appeals and was not lion process of the Board of Zoning Appeals charged with coordinating the efforts of the three land use regulatory boards in terms of after review by the Architectural Review Policy orientation or needed training.This Board. Uses permitted by special exception inc4ude. new administrative process will also pro- vide citizens with a "one-stop"location for • Arts and craft studios, processing all applications for land use,zon- • Art galleries, ing and development. • Antique shops/rare book,coin or stamp In addition to the improved admin- shops. istrative procedures included in the zoning • Community Centers text,the new Comprehensive Development • Professional offices not to exceed four(4) Plan underscores the importance of im- employees. proved zoning and building code enforce- • Multi-family apartments not to exceed ment as a preservation tool. four(4) units within one building. SUBDIVISION REGULATIONS DEVELOPMENT PLAN REGULATIONS The major emphasis of the proposed revi - : Through significantly improved site and de- sion of the Subdivision Ordinance was to velopment plan standards,not only does the ensure that the Subdivision Ordinance coor- new proposed ordinance more adequately dinated closely with the requirements of the protect existing neighborhood character new Zoning Ordinance.This coordination and infill development,but it also sets new is essential if new cluster housing and standards for all new construction and helps planned unit development techniques ensure a higher level of landscape and de- which are important to neighborhood con- sign quality throughout the city.A major servation efforts are to be successful. Im The H-2 Neighborhood stated Ur Preservation District will not P Pose of the proposed Develop proved coordination was sought through the regulate ordinary maintenance ment Plan Regulations is to"ensure that elimination of development standards in the new development is harmonious with exist- subdivision regulations which conflicted i411, ng development"This gives the Planning with similar standards in the Zoning Ordi- Commission additional direction for neigh- nance;the creation of a new review process borhood conservation. for subdivision applications which involved SPECIAL EXCEPTIONS the same personnel and review procedures used in the zoning ordinance;and the use of 3 One of the new proposed criteria for con the same terminology in both ordinances. sidering the appropriateness of granting -#-_ special exceptions to the zoning regulations i r s the relationship of the proposed change *28 12I P R R V A TI O N AND D ZONING \\ ` . . . . . . : . . . . . . :« «a - . : w < > \\ : : «? .w\ � < ! imdma . oft* * Preservation 2 chni ues and Constraints q ants in Virginia Law I • i t t a ' ' T here are other provisions which would Board. Originally,the Neighborhood . ' increase the effectiveness of the pro- Preservation District was not designed as an posed zoning ordinance to meet preserva• historic district,but rather as a special '` N'; e'+, tion goals,but which were not included neighborhood overlay district and would 1' '' 4`-''''. because of the lack of clarityunder Virginia have been administered by the Planning 4 � enabling legislation.Some examples of Commission.As described,this would have ;y these toots'which haw roomer,use€u5 in�j P been an easier,mote flexib4e process. ,f other states and could provide a focus for However,because of Virginia law,in order Traditional brick sidewalks statewide preservation efforts through new to control building demolition,the with Roanoke`s star symbol legislation for review by the Virginia Gen- ordinance now contains a more unwieldly eral Assembly include: process than was originally desired:the T nsfer of Development Rights(1DR)_TUR district has been defined as a historic district is a land use control which allows under the primary jurisdiction of an preservation of important buildings by Architectural Review Board. transferring their development In addition,one of the tools offered to p potential to discourage demolition requires a property other sites,a technique which could have been useful in areas such as the Southwest owner to offer the property for sale for a Historic District or City Market District. specified time period based on the Although there is a potential for challenge appraised value of the property.There are wherever it is used,and there is no specific two primary problems with this existing provision in state law for its use, it has been state mandated provision.The first is that the time period for which a property must effectively used in other localities and be offered for sale is based solely on its upheld by the U.S.Supreme Court. monetary value and not its less tangible Neighborhood Conservation Special Design value to the community.The second Districts—There are no specific provisions problem is that the existing schedule is a in state law to encourage selective fixed formula which does not even take preservation of special areas outside of fluctuating market values or other criteria in historic districts.Therefore,in order to the locality into account. Deletion of the control neighborhood design issues,a appraised value and a uniform time frame or district must be designated as a historic other modifications to make this provision district and be controlled by an more equitable are needed. Architectural Review Board.This requirement may make establishment of Zoning Modifications—Under current special districts more difficult in Virginia law,special exception permits may be handled only by the governing body or neighborhoods who may fear that a 'historic'designation will result in more by the Board of Zoning Appeals at the stringent regulatory control than necessary discrimination of the governing body. In or desired. many states,this function relating to land use and planning considerations is handled Building Demolition—Virginia State law entirely by the Planning Commission, provided for controls on building whose experience is more relevant to such demolition only in historic districts under matters,as opposed to the Board of Zoning the control of an Architectural Review Appeals,which deals primarily with i *30 Within the ccrtexr e, v - - _ law the revised Zenira f } r � .e ` ' r, , N renovo of rRoo ,,i'�� f A ! \ exiStPQ hGJSny ^ x il'ustrotea;r these c . _ ai _ a ,..._ __f- ' . -.- --' 1 r--"\ 4J-Is440.1 Is I n�1 T pi 1 - , , ,1 ,i , ! �! — Witrili knnsi.,l ill {.Idlmll'III�II ICI Mil ` hardship considerations.In lieu of such Nonconforming Uses—In many states,uses Planning Commission involvement,the which are in existence but are not administrative changes assigning the permitted under current zoning regulations planning staff to the Board of Zoning must be discontinued or brought into it Appeals will assist in resolving such conformance with the regulations within a t sensitive issues as special use compatibility, specified period of time.Under Virginia I determination of appropriate zoning law,such uses are"grandfathered"and may it modifications and infill development,and be continued indefinitely.A provision to the applicability of certain development discontinue non-conforming uses within a 1 standards where variances or special specified time period would benefit exceptions have been requested. neighborhood conservation efforts by correcting incompatible situations, (e.g.,a Parking Fund—Establishment of a fund to junkyard in a residential neighborhood)and substitute for on-site parking requirements by implementing new environmental would have been useful to aid in preserving standards to improve current problem areas. downtown buildings while meeting parking Under present State law,the nonconforming t needs.With such a fund,a developer could use and its incompatibility are perpetuated make a contribution which would be used rather than improved. for a common parking structure.This would discourage demolition by providing an - --Ike s .� . -�hos j alternate to the development of surface lots " ' or other parking facilities in conjunction --k! ! . - w E / „ y ::oi bt with all new downtown construction. citys *c, - -� Although such funds can be established in '- Virginia through special assessmentAss a districts,there is no provision for ... """. � `" establishing such funds through the Zoning Ordinance and there is no clear method of coordinating the special assessment I 1 i , '., 1 districts with Zoning Ordinance criteria. 31* Conclusions oning has proven to be an effective tool 6. Require the consideration of harmony to control growth and regulate the shape between new and existing development and form of new development. Only re- as a criteria in development plan review cently,however,has zoning emerged as and for special exceptions. effective in the rehabilitation and renewal of 7. Provide for pedestrian-oriented neigh- established communities.The Roanoke Vi- borhood commercial developments sion Process has provided an example of which would serve older,established how planners,working with land use reg- areas. ulations,can assist preservationists with 8. Provide for transitional height al- goals beyond simple historic preservation in lowances around lower scale historic dis- a mature city tricts and residential areas adjacent to the In its proposed new zoning ordinance, central business district. Roanoke will have the tools to accomplish 9. Provide for improved design standards the following: for new commerical,industrial and 1. Ensure the compatibility of new develop- higher density residential developments. ment and discourage the destruction of sound,older buildings in neighborhoods The Roanoke Vision Process takes pres- with a cohesive character. ervation beyond the realm of individual 2. Allow expanded uses in large,older resi structures and into the fabric of the land use Plan and regulatory controls of the city.The dential buildings which are difficult to economically maintain as purely residen- experience demonstrates how planners and Preservationists can coordinate their indi- tial buildings,and would otherwise fall vidual approaches to preserve the unique into disrepair or abandonment. 3. Permit the as-of-right infill development ambiance of an urban area.Furthermore, of small vacant lots which are otherwise the experience shows how new develop- a blighting influence on neighborhoods. ment can be controlled and directed to re- 4. Allow for flexible setback regulations in vitalize the city's older areas,while ensuring a compatible and harmonious environment. established neighorhoods so that a new building can be constructed with respect To follow through on the momentum to adjacent building setbacks. esablished by the Roanoke Vision Process, we recommend that the National Trust for 5. Continue the revitalization and 24-hour Historic Preservation join with groups like use of downtown by allowing new resi- the American Planning Association to en- dential construction. courage similar or expanded comprehen sive approaches in other cities. 4 44 Y$RN A% rc *32 4 44 y Cecelia Webb From: Ruth Visuete Perez Sent: Monday, March 18, 2024 9:12 AM To: Cecelia Webb Subject: FW: [EXTERNAL] 2040 Roanoke City Plan Original Message From: Dixie Huff<dixcasa@cox.net> Sent: Saturday, March 16, 2024 11:44 AM To:City Clerk<City.Clerk@roanokeva.gov> Cc:Jim Huff<jrhuff13@cox.net> Subject: [EXTERNAL] 2040 Roanoke City Plan [You don't often get email from dixcasa@cox.net. Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. I live in Roanoke City and own a home in the city. I purchased this home several years ago because of the subdivision , residential zoning and large lots and it was affordable for me. I do not think Roanoke City has given its residents adequate time to absorb their new proposals in the 2040 plan, no zoning, I cannot understand this proposal at all. What I don't understand is how building duplexes,triplexes and apartment buildings in every little piece of land that can hold them,with no regard for set backs or parking, is going to solve the problem of affordable housing.These builders and the City of Roanoke will profit but how will the average family be able to afford the rent? How can Roanoke City determine whether my property value will suffer when a builder buys a house beside my home or down the street and they can put any type of industrial , agricultural or group home there? Not to mention environmental concerns, I already have a drainage ditch behind my home that the city has had no time to deepen, in the past 6 years.The water comes from Roanoke Co beneath Rt 419 and every year distributes more and more water run off that goes into a creek behind the lake in my subdivision. Standing water and debris are breeding grounds for mosquitos and other pests. My home has earned equity in the years I've lived here ,this equity I am planning on helping with retirement plans. I also cannot afford new housing because it is so expensive, I do not want to pay new construction costs and also don't like how crowded these new places are to each other . In Minneapolis their 2040 plan has been pending further environmental review, Houston has had tremendous flooding issues in the last few years due to lack of places for the water to go, so much asphalt from building. Several localities have brought legal action against their cities with lawsuits. There are many positive aspects of zoning. Zoning gives a community some control over its land uses, appearances, conserving the environment and prevent mixing of incompatible land uses. Please consider the negative effects of the current plan. Please consider how any of this reduces costs in a realistic way for many citizens needing housing, unless vouchers for housing are still available or perhaps other help from the state or federal government. Sincerely, Dixie Huff Roanoke City March 15, 2024 1 Sent from my iPhone 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, March 18, 2024 9:13 AM To: Cecelia Webb Subject: FW: [EXTERNAL] My opposition to the zoning changes currently being considered. From: Barbara Andes<bwandes@gmail.com> Sent: Friday, March 15, 2024 5:09 PM To:City Clerk<City.Clerk@roanokeva.gov>; Mayor<mayor@roanokeva.gov>;Trish White-Boyd<trish.white- boyd@roanokeva.gov>; Peter Volosin<peter.volosin@roanokeva.gov>;Joseph L. Cobb<joseph.cobb@roanokeva.gov>; Stephanie Moon <stephanie.moon@roanokeva.gov>; Luke Priddy<Iuke.priddy@roanokeva.gov>;Vivian Sanchez-Jones <vivian.sanchez-jones@roanokeva.gov> Subject: [EXTERNAL] My opposition to the zoning changes currently being considered. Some people who received this message don't often get email from bwandesPgmail.com.Learn why this is important CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear Mayor Lea and council members, I am writing to express my opposition to the zoning changes recently approved by the Planning Commission and now under your consideration. I preface the following comments that my disappointment at this moment is with City management. The City Manager and staff don't have to answer to the citizens. You are our voice. Please listen to the citizens' concerns before "squeezing the toothpaste out of this tube." Firstly, the glaring lack of actual engagement with neighborhoods and city residents as this plan was being finalized is offensive. It further damages our trust in our city management. City management put on a series of community meetings where they shared the already-final plan. There was never any intention of incorporating worthy ideas or any fine tuning based on citizen input. In fact, I was disappointed that there was not even a mechanism to submit specific concerns. The only action city management wanted or provided was for citizens to put up a yard sign in support of their plan. Again, offensive. Secondly, Roanoke city has a plethora of blighted properties with slum lords who evade any behavior-altering consequence. I don't see a single reason to believe the proposed zoning changes address this problem. We already lack strong code enforcement. This problem will be exacerbated by the zoning changes. And finally, can the city answer these questions: 1) Are residential properties/units in Roanoke mostly rental properties? 2) How many entities own/control those units? 3)What is the percentage of local vs. non-local owners and how many owners live on premise? The answers will likely support my concern that the proposed zoning changes are a hand-up to real estate developers, real estate agents, investors, and absentee landlords. If availability of units is the problem we're trying to solve, as staff purports, who honestly believes that for-profit developers are going to bring down the cost of housing and solve the availability problem when limited availability is how they maximize their profits? You're expecting those hungry foxes to protect the barnyard. i I respect the city's desire to find a solution to our local experience of the national housing crisis. But, Mayor Lea and council members, you are our ONLY opportunity to stop the rush to approve and insist that citizens be brought into this discussion before proceeding. We are tired of not being included. Barbara Andes 2803 Rosalind Ave. Roanoke, VA 24014 2 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, March 18, 2024 9:12 AM To: Cecelia Webb Subject: FW: [EXTERNAL] Opposition to Downzoning Residential Single Family Attachments: 2024-03-17 City Council ltr w Attachments_merge Copy.pdf From: dgharrison36@gmail.com <dgharrison36@gmail.com> Sent: Sunday, March 17, 2024 12:57 PM To: Sherman Lea <sherman.lea@roanokeva.gov>;Joseph L. Cobb<joseph.cobb@roanokeva.gov>; Stephanie Moon <stephanie.moon@roanokeva.gov>;Vivian Sanchez-Jones<vivian.sanchez-jones@roanokeva.gov>; Luke Priddy <luke.priddy@roanokeva.gov>; Peter Volosin <peter.volosin@roanokeva.gov>;Trish White-Boyd<trish.white- boyd@roanokeva.gov> Cc: City Clerk<City.Clerk@roanokeva.gov>;Timothy Spencer<timothy.spencer@roanokeva.gov> Subject: [EXTERNAL] Opposition to Downzoning Residential Single Family Some people who received this message don't often get email from dgharrison36@ gmail.com.Learn why this is important CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Ladies and Gentlemen, Please see the attached letter and its attachments. 1 5305 Medmont Cir SW Roanoke,VA 24018 March 17,2024 BY EMAIL Mayor Sherman Lea, Sr. Vice Mayor Joseph L. Cobb Hon.Patricia White-Boyd Hon. Stephanie Moon Reynolds Hon.Vivian Sanchez-Jones Hon.Peter Volosin Hon.Luke W. Priddy Re:Opposition to Proposed Zoning Code Amendment Eliminating Residential Single- Family Zoning Dear Mr. Mayor,Mr.Vice Mayor and Members of Council: While I generally support the idea of creating the opportunity for development of a greater number of housing units, including low-income housing, I challenge e t Downzoning should not be and the recommendation of the Planning Commission in one pec done by decreasing the home equity of middle-and higher-income families. I request that Council not approve the proposed changes to residential single-family zoning. Decrease in Property Values Downzoning will likely cause a decline in property values in middle income and higher income neighborhoods. The impact of affordable housing usingis builte nna t effects on surrounding property values based on whether the affordable ho relatively richer or poorer neighborhood.' Affordable of approximately housing ineighborhoods at ey 2.5°oowithin 0 1 milean of income above $54,000 leads to housing price declinespP the development site.2 See EXHIBIT A3. ' Rebecca Diamond and Tim McQuade, Stanford Graduate Business School(Dec. 2017),p.1. 2 Ibid.p.2 3 The Diamond-McQuade study uses the terms "affordable," "low income," and "low-income housing tax credit" (subsidized housing) interchangeably. Mr. Mayor,Mr.Vice Mayor and Members of Council March 17,2024 Page 2 Most people work a lifetime to pay off a mortgage. In many cases home equity is a significant portion of a person's net worth and may be part of a retirement plan to provide funds when it is time to sell and pay the up-front cost of moving into some retirement communities. The negative impact on property values of existing residential single-family homeowners must be comprehensively analyzed before downzoning is considered. The "Say Yes to Housing" flyer(the"Flyer"), attached as EXHIBIT B, distributed by the City states, "The top housing concerns in Roanoke" and then bullet lists the following. • Affordable housing • More housing options • Homeless housing • Disabled & senior housing The likely decrease in my property value as a result of downzoning would be significant.4 Other Recent Initiatives to Provide Affordable Housing There are two developments this past week that would make affordable housing more available without the"cram down"approach of downzoning proposed by the City.The City should not move forward with downzoning before it studies the potential impact of these other initiatives on affordable housing in Roanoke. National Association of Realtors Lawsuit Settlement In addition to paying $418 million in damages in an anti-trust lawsuit, on March 15, 2024 the National Association of Realtors also agreed to eliminate the standard 6% sales commission on home sales and to undertake other reforms that experts say will drive down housing costs.'See EXHIBIT C. 4 For my current R-12 zoning,some of the proposed changes would be the following. • Adult Day Care homes would be permitted as of right(no need to request an exception). • Child Day Care homes would be permitted as of right. • Family Day homes would be permitted as of right. • Agricultural operations would be permitted upon application and approval of an exception. • The minimum lot area for our zoning would be reduced from 12,000 sq. ft.to 2,500 sq.ft. • The maximum lot area would be reduced from unlimited to 8,000 sq. ft. • The minimum rear lot length would be reduced from 15 ft.to 5 ft. • A corner lot could contain 3 dwellings. • With smaller allowed lot sizes an adjoining property holder,interior as well as corner,could subdivide as of right so long as the proposed small lot sizes are met,and construct even more,smaller homes Debra Kamin,The New York Times(Mar. I5,2024) Mr.Mayor,Mr.Vice Mayor and Members of Council March 17,2024 Page 3 The President's Com rehensive Packa e to Provide Affordable Housin On March 11, 2024, The White House released a fact sheet d s crio £for dab eng the r side is comprehensive plan to cut housing costs,boost supply and expandaccess See EX HIBIT D. Even if some of the proposals are enacted they will also drive down housing costs. Litigation Risk I have reviewed the Complaint filed by residents of Alexandria challenging the similar there is also a stronger inverse downzoning it enacted. See EX HIBIT E. In myopinion EX condemnation claim that residential single-family homeowners in nratoan Roanoke couldjudgmen bring. an See se EXHIBIT F. And unlike the Alexandria lawsuit which is for declaratory condemnation lawsuit would be for damages. I suggest that before enacting the proposed change in residential e i in sdingle-family lyg z t ing it would be prudent for the City to engage outside counsel with expertise n to assess the likelihood of litigation, the amount of monetary exposure of the City, and any reporting requirement on the City's financial statements of such financial exposure. Roanoke Citizens Dave Not Been Adequately Informed The Flyer distributed by the City is clearly a sales brochure. It advances an argument to support the zoning change.There is nothing that provides opposing arguments.The Flyer does not even contain the words "property" or"value."The title of the Flyer"Say yes to rezoning"makes clear it is arguing a position and was never intended to provide objective information. Based on my conversations with zoning staff and other citizens, the open house style meetings the zoning staff had with citizens were also clearly sales oriented. The gutted Roanoke Times coverage of the downzoning can only be described as"thin."It contained no independent analysis and nothing about the impact of downzoning on property values. The flyer does mention "Trust" as being "Priority 1" in the City's comprehensive plan. I suggest advancing a one-sided argument in support of downzoning is not the way for the City to earn trust. Conclusion I am fortunate that I have retired without mortgage debt after working long hours for 48 years (not counting military service, summer jobs in high school and college, or picking strawberries and pole beans in the fields alongside migrant laborers when I was in middle school). Mr. Mayor,Mr.Vice Mayor and Members of Council March 17,2024 Page 4 Losing 2.5% of home equity value may not sound like much, but for a middle-income family it can easily amount to a loss of$10,000 or more. I ask that the City not gamble with our retirement nest-egg and that it not approve the proposed zoning changes as to residential single- family housing. Very ly Your , David G Harrison Cc: Ms. Susie F. McCoy, City Clerk (by email -with attachments) Mr. Tim Spencer, City Attorney EXHIBIT A Who Wants Affordable Housing in their Backyard? An Equilibrium Analysis of Low Income Property Development Rebecca Diamond and Tim McQuade* Stanford GSB December 2017 Abstract We nonparametricallY estimate spillovers of properties financed by the Low In- come Housing Tax Credit (LIHTC) onto neighborhood residents by developing a new difference-in-differences style estimator. LIHTC development revitalizes low-income neighborhoods, increasing house prices 6.5%, lowering crime rates, and attracting racially and income diverse populations. LIHTC development in higher income areas causes house price declines of 2.5% and attracts lower income households. Linking these price effects to a hedonic model of preferences, LIHTC developments in low-income ar- eas cause aggregate welfare benefits of $116 million. Affordable housing development acts like a place-based policy and can revitalize low-income communities. *diamondr@stanford.edu, tmcquade@stanford.edu. We are grateful to William Diamond, Darrell Duffie, Guido Imbens, Stuart Rosenthal, Amit Seru, and seminar and conference participants at the NBER Summer Institutes of Labor Studies, Public Economics, Urban Economics, and Real Estate, the UCLA Housing Affordability Conference, UCLA economics, UC-Irvine Economics, University of Minnesota, USC Price, the Federal Reserve Board, and the Stanford GSB economics and finance lunches. 1 Introduction Increasing geographic income segregation and rising housing costs have put the issue of the government's role in promoting affordable housing at the forefront of current policy debates.' Subsidized housing policy often focuses on easing low income households' housing costs and providing access to financially out of reach neighborhoods. However, subsidized housing is also a place-based policy. Housing subsidies influence households' choices of neighborhoods and developers' choices of where to build. Subsidy induced changes in the locations of households and housing construction can have important spillovers onto the neighborhood residents.' Moreover, these place-based spillovers likely have large economic impacts across the US, as federal, state and local governments spend over $97 billion dollars a year on different forms of housing assistance. A key question is thus how to best allocate affordable housing across neighborhoods. In this paper, we provide an analysis of the costs and benefits of affordable housing con- struction to surrounding neighborhood residents and how they vary across demographically different neighborhoods. We study the neighborhood impacts of multifamily housing de- velopments funded through the Low Income Housing Tax Credit (LIHTC). Established in 1986, this program has become an integral component of federal housing policy, funding 21 percent of all multifamily developments over the period 1987-2008. Looking forward, with the construction of publicly run housing projects expected to continue to decline, the LIHTC program is likely to remain one of the main federal government initiatives designed to ensure access to affordable housing by low income households.' We combine data on the location and funding dates for all LIHTC funded projects, hous- ing transaction data from 129 counties, and home buyer race and income data to estimate the effects of LIHTC construction on the surrounding neighborhood. Our estimates show that the impact of affordable housing construction has dramatically different effects on sur- rounding property values based on whether the affordable housing was built in a relatively richer or poorer neighborhood and whether the neighborhood has a high share of minority residents. LIHTC construction in neighborhoods with a median income below $26,000 in- 'New York City and San Francisco have both announced plans for large expansions of affordable housing units to "ensure diverse and inclusive neighborhoods." Upon entering office, Bill de Blasio, mayor of New York City, unveiled a plan to create and preserve 200,000 units of affordable housing over ten years. In 2014, the mayor of San Francisco, Ed Lee, outlined an initiative to create 30,000 affordable housing units over six years to "ensure San Francisco remains a place where people from every background can call home.". 2Previous research suggests households are willing to pay to live near higher income and more educated neighbors (Bayer et al. (2007); Guerrieri et al. (2014); Diamond (2015)). The quality of the housing stock also spills over onto the value of neighboring houses (Rossi-Hansberg et al. (2010), Campbell et al. (2011)). 3Section 8 housing vouchers which provide rental subsidies to low income households who rent in the private rental market is the main alternative federally run low-income housing program. 1 creases local property values by approximately 6.5% within 0.1 miles of the development site In contrast, LIHTC construction in neighborhoods with median incomes above$54,000 leads to housing price declines of approximately 2.5% within 0.1 miles of the development site. These declines, however, are only seen in high income areas with a minority population of below 50%. To account for these price impacts, we explore how LIHTC development affects other characteristics of the local neighborhood, in particular demographics and local crime rates. We find that the construction of a LIHTC development attracts higher income home buyers in low income areas. Conversely, affordable housing development attracts lower income home buyers in higher income areas with low minority populations. Examining the impact of LIHTC construction on the share of Black home buyers, we find that the introduction of affordable housing leads to decreased segregation in lower income areas. Finally, LIHTC development causes declines in both violent and property crime within low income areas, but does not increase crime in high income areas. We identify these effects by exploiting the timing of when funding is granted for the development along with the exact geographic location of the affordable housing. Clearly, the neighborhoods targeted by developers to build affordable housing are non-random. However, the timing of the funding is often out of the hands of the developer since there is substantial uncertainty in which year the project will be funded.' Further, the exact geographic loca- tion of the development site within a broader neighborhood appears to be determined by idiosyncratic characteristics, such as which exact plot of land was for sale at the time. To harness this identification strategy, we develop a new econometric method for estimat- ing a difference-in-differences style estimator in a non-parametric setting where treatment is a smooth function of distance to the LIHTC site and time since LIHTC funding. We draw on new methods developed in statistics (Charnigo et al. 2011, Charnigo and Srinivasan, 2015) to transform our data on house price levels to data on the derivative of house prices with respect to distance from LIHTC sites. These transformed data allow us to flexibly difference out very local time trends and neighborhood variation in housing prices. Further, by viewing house prices as a smooth function of geographic location, we show how to generalize discrete geographic fixed effects in house prices to a smooth, time-invariant surface of house prices. Employing a structural, generalized hedonic model of housing choice along the lines of Rosen (1974) and Bajari and Benkard (2005), we translate our estimated price effects into households' preferences for living near LIHTC. The hedonic model allows us to view real estate as a continuous choice of quantities of housing and neighborhood characteristics. We 4Developers must apply for LIHTC funds. Acceptance rates vary across states. In California in 2012, only 42.7% of submitted applications received funding. 2 specifically focus on the continuous choice of distance in miles to a LIHTC development. The key advantage of this approach is that it ensures the existence of an equilibrium price surface, which continuously maps housing and neighborhood characteristics to house prices without needing to specify the determinants of housing supply. As a result of these two key model properties, an agent's optimality condition reduces to a simple equation relating the marginal cost of moving further from a LIHTC site to its marginal benefit, which allows us to recover preferences on an individual basis. We find that the average household that desires living near LIHTC sites in low income areas is willing to pay approximately 6% of their house price to live 0.1 miles from a LIHTC site. In higher income areas with low minority populations, on the other hand, the average household who chooses to live near LIHTC is willing to pay approximately 1.6% of their total house price to avoid living within 0.1 miles of a LIHTC site.' Correlating these pref- erence estimates with information on home buyer demographics, we further find that higher income households are more willing to pay for proximity to or distance from the LIHTC site, consistent with results of Diamond (2016). We finally use our structural framework, our empirical preference estimates, and census data to calculate the local welfare impact of introducing affordable housing to different types of neighborhoods.' We decompose the effect into the welfare impacts of affordable housing on homeowners, renters, and absentee landlords.' Our analysis reveals large possible societal gains from building affordable housing in low income areas, with construction of LIHTC in low income, low minority areas increasing total welfare by approximately $116 million. in contrast, building LIHTC in low minority, high income areas leads to losses of approximately $12 million. Moving LIHTC properties from higher income to lower income neighborhoods may there- fore benefit both the residents of the higher and lower income neighborhoods. Of course, these neighborhood benefits must be weighed against the cost and benefits which accrue to the tenants of the affordable housing. Chetty et al. (2016) find that moving young chil- dren from high poverty public housing to low poverty areas increases these children's future earnings by a present discounted value of $100 thousand. This effect is not large enough to overcome our estimated benefits to low-income neighborhoods simply because there are many more low income households living in a low-income area than in the affordable housing 'While these households who choose to live near LIHTC sites in high income areas dislike LIHTC prox- imity,they find it optimal to live there since LIHTC proximity also provides a discount on their home prices. On net, these households prefer to live closer to LIHTC sites in high income areas than to live further away. 6A caveat to our local welfare calculation is that we cannot account for possible general equilibrium effects on neighborhoods far away from the LIHTC site. 7We do not directly observe rents and renters'location choices,which require us to make some assumptions which allow us to adjust our homeowner results to speak to renter and landlord welfare. 3 development itself. Previous work studying the welfare effects of place-based policy subsidizing firm loca- tions has often found it challenging to identify heterogeneous effects of these policies across geographic areas. As stated in Glaeser & Gottlieb (2011) "For these externalities to create a justification for any particular spatial policy, these externalities must be stronger in some places than in others...Economics is still battling over whether such spillovers exist at all, and we are certainly not able to document compelling nonlinear effects." We are able to both document significant spillovers and heterogeneity in these effects across neighborhoods. A small number of previous studies have examined the impacts of affordable housing on local neighborhoods. Eriksen and Rosenthal (2010) study the crowd-out effects of subsidized affordable housing construction on private rental development and find large crowd-out ef- fects. More closely related, Baum-Snow and Marion (2009) use census data and a regression discontinuity approach to study the effects of LIHTC financed developments in low income neighborhoods on new construction, median incomes, and property values at the census block group level. They also find that housing prices appreciate in low income areas. Schwartz et al. (2006) look at the price impact of affordable housing in New York City and report positive results. Freedman and Owens (2011) study the impact of LIHTC developments on crime at the county level and find mixed results. Our study leverages extensive micro data to study highly local effects of affordable housing in many different parts of the United States. By looking across a wide array of neighborhoods and counties, we show how affordable housing has dramatically different effects on neighborhood residents based on neighborhood income and the minority share of the neighborhood population. Previous studies either focus on a single geographic area (Schwartz et al. 2006, Goujard 2011) or only within low income neighborhoods at a single point in time (Baum-Snow and Marion, 2009). Moreover, none of these studies utilize a structural framework in conjunction with detailed data on buyer char- acteristics to recover and put structure on individual preferences for proximity to affordable housing. More broadly, our paper is related to a literature which examines the spillovers to neigh- borhoods of housing policies. Rossi-Hanbserg et al. (2010) study the impact of urban revitalization programs implemented in the Richmond, Virginia area on local land prices. Campbell et al. (2011) examine the effects of housing foreclosure on housing prices nearby. Ellen et al. (2013) look at how foreclosures impact local crime rates. Autor et al. (2014, 2015) study the impact of ending rent control on nearby real estate prices and crime rates. Finally, a growing literature has found that higher income individuals are willing to pay more for local neighborhood amenities (Bayer et al (2007), Diamond (2016), Handbury (2013)). A number of recent papers have also argued that higher income or more educated 4 neighbors endogenously improve local amenities (Card, Mas, and Rothstein (2008), Bayer et al (2007), Guerrieri et al (2014), Diamond (2016)). However, previous work has not had ac- cess to micro-level demographic and housing transaction data. Further, LIHTC development provides a quasi-experimental shock to the income mix of ones' neighbors and allows us to identify the distribution of households' preferences for proximity to low-income neighbors.' The paper proceeds as follows. Section 2 provides institutional background detail about the Low Income Housing Tax Credit. Section 3 describes our data sources and Section 4 discusses our estimation procedure for the pricing surface. We present our reduced form results on price and other neighborhood characteristics in Section 5. Section 6 details the hedonic model of housing choice, presents our preference estimates, and conducts welfare analysis. Section 7 concludes. 2 The Low Income Housing Tax Credit Since its inception in 1986, the Low Income Housing Tax Credit Program has been an integral component in fostering the development of multifamily housing throughout the United States. With an annual tax credit valued at over 8 billion dollars, the program funded 21 percent of all multifamily developments between the years 1987-2008. Each year, federal tax credits are allocated to the states based on population. These credits are awarded by state authorities to developers of qualified projects. Developers then sell these credits to investors to raise equity capital for their projects and reduce the amount of debt they would otherwise have to borrow. Investors receive a dollar-for-dollar credit against their federal tax liability for a period of 10 years, provided the property continues to comply with all program guidelines.' To qualify for a tax credit under the Low Income Tax Credit Program, federal guidelines require that proposed projects be for construction or rehabilitation of a residential rental property and satisfy either one of two low-income occupancy criteria. At least 20 percent of tenants must earn less than 50 percent of the Area Median Gross Income (AGMI), or alternatively, at least 40 percent of tenants must earn less than 60 percent of AGMI.'° 8LIHTC development also impacts the overall population density and average age of the neighborhood housing stock. We can't fully separate out preferences for the income level of one's neighbors from preferences for new construction or increased density. However, the differential value of LIHTC development across neighborhoods of different income levels help zoom in on preferences over the income of one's neighbors. 9Eriksen (2009) studies the market pricing of these tax credits. He finds that that LIHTC developers in California received on average $0.73 per $1 of tax credit in the years 1999-2005. '°Actual income limits depend on household size. The 50 percent of AGMI limit is for a base family size of four members. Income limits are adjusted upward by 4 percentage points for each family member in excess of four. Limits are adjusted downward by 5 percentage points for each family member short of four. These limits are multiplied by 1.2 to get the 60 percent income limits. 5 If the income of a household in one of the low income units grows to exceed the relevant income limit, then the program requires developers to place a low income tenant into the next unit vacated by a market rate tenant.' Additionally, developers must restrict rents, including utility allowance, in low-income units to 30 percent of the relevant income limit, i.e. either 50 percent of 60 percent of AGMI for a minimum affordability period of 30 years. These criteria are only the minimal requirements as specified by the federal govern- ment. In practice, states almost always receive many more project proposals and tax credit allocation requests from developers than they have federal allotments, generally on the order of 2 to 4 times. Each state is therefore required to maintain a "Qualified Application Plan" (QAP) to govern the selection process. These plans usually operate by assigning point scores to various project characteristics and then allocating tax credits based on point totals until funds are exhausted. Such project characteristics include tenant demographics, location, fur- ther funding sources, and structural properties of the building. Given this latitude the states enjoy in determining selection criteria, many require developers to go beyond the minimum number of affordable units and the minimum level of affordability. The funding process in California, in which more than 50 percent of the LIHTC sites in our sample are located, is illustrative of the high degree of competition which exists between developers. Practically all funded projects have the maximum total point score, such that the funding threshold is based on so-called tie-breaker scores. Receiving funding in a given year is by no means guaranteed. According to data provided by the California State Treasurer's Office, only 34.3% of applications were funded in 2007, 38.3% in 2008, 32.2% in 2009, 26.9% in 2010, 57.7% in 2011, and 42.7% in 2012. The value of tax credits received by selected developers is calculated according to the project's "qualified basis", which essentially reflects the cost of constructing or rehabilitating the low-income units. Once the qualified basis has been determined, the annual tax credit is determined by applying the relevant housing tax credit rate. New construction or substantial rehabilitation projects,which are not otherwise subsidized by the Federal government, receive a 9 percent credit rate, while all other projects receive a 4 percent credit rate. These annual credits are then paid out over a period of 10 years.12 Section A.1 of the online appendix provides further details on the LIHTC program. 11Many LITHC properties are comprised 100 percent of low-income units. Clearly, this requirement becomes superfluous in such a case. 12This calculation is a baseline figure. Congress passed legislation in 1989 affording state allocating agencies the option to increase the qualified basis by up to 30 percent in both "qualified census tracts" (QCTs) and "difficult development areas" (DDAs). Census tracts with 50 percent of households earning below 60 percent of AGMI earn qualified status, subject to a population restriction which is generally non- binding. Metropolitan areas with high ratios of fair market rent to AMGI are designated as DDAs. See Baum-Snow and Marion (2009) for more details. 6 3 Data We bring together data from a variety of sources. Our first dataset is from DataQuick, which provides detailed public records on housing characteristics and transactions data col- lected from county assessor and register of deeds officers. We restrict our analysis to those counties which have transactions history data dating to at least 1996. This leaves us with a sample of approximately 16 million transactions located within 1.5 miles of a LIHTC site in a total of 129 counties in 15 states. Figure 1 provides a map of the counties in our sample. We merge this dataset with data collected by the United States federal government according to the provisions of the Home Mortgage Disclosure Act (HMDA), which provides us with the race and household income of the home buyers. Information on LIHTC financed projects is provided by the Department of Housing and Urban Development (HUD). This data covers 39,094 projects and almost 2,458,000 low income housing units placed into service between the years 1987 and 2012. Our analysis focuses on the 7098 LIHTC projects located in our sample of 129 counties. See Panel B of Table 1 for summary statistics. Due to DataQuick's coverage of counties, our sample is from more dense, urban areas, relative to the overall distribution of LIHTC sites. However, when comparing the characteristics of LIHTC sites developed in urban areas to our 129 county subsample, our sample looks quite representative. We finally collect 1990 census data at the tract and block group level. These data provide information on median income levels and minority population shares. Panel A of Table 1 provides summary statistics. Compared to the United States as a whole, the counties in our sample have a similar black share (11.6% vs 12.1% nationwide), a significantly higher Hispanic share (15.3% vs 8.3% nationwide), a higher renter share (40% ver 34%), and a median income approximately 18% greater. Median income and renter share is higher than the rest of the United States since our sample comprises urban areas and metropolitan areas in relatively high productivity areas such as New England, New York and California. Hispanic share is quite large in our sample since many of our counties are in California and the Southwest, which host a large Hispanic population compared to the rest of the country. Within the census block groups which receive LIHTC developments, the Hispanic and Black share are even higher at 24.0% and 23.6%, respectively. The median incomes are also 33% lower and renter share is 23 percentage points higher in these select block groups than average block groups within our sample of counties. Panel C of Table 1 also provides summary information about locales within 1 mile, 0.5 miles, 0.2 miles, and 0.1 miles of projects financed through the Low Income Housing Tax Credit program. Average housing prices are about 7% lower and average home buyer 7 incomes are 5% lower within half a mile of a LIHTC site than those within 1 mile of an LIHTC site. The percent of home buyers which are Black is 11% higher within half a mile of an LIHTC site than within one mile. It is clear LIHTC development is targeted at lower income, higher minority share, and lower housing cost areas. However, housing prices, home buyer incomes, and the Black share of home buyers are quite similar between areas within 0.2 miles of an LIHTC site and those within 0.1 miles. The lack of variation in neighborhood characteristics at these more fine geographic measures help substantiate our identification strategy that precise geographic location of LIHTC development provides quasi-experimental variation. The online appendix reports these summary statistics separately by neighborhood income level and show similar patterns. See Section A.2 of the online appendix for more details on all data sources. 4 Non-Parametric Differences-in-Differences Estimation Our first goal is to study the reduced-form effect of LIHTC development on local house prices. Our research design to identify the causal effects of LIHTC development on local house prices will use a non-parametric spatial difference in differences strategy. Intuitively,we will compare house prices very close to the LIHTC site before and after LIHTC development versus house price trends slightly further away from the LIHTC site. This allows us to recover the house price impacts of LIHTC developments and how they vary with distance from the LIHTC site and time since development. Previous research using this style of identification strategy has used a "ring method," where an inner ring is drawn around the treatment location and an outer ring (with a larger radius) is drawn to use as a control group for the inner treated ring. Annual comparisons of house prices in the inner versus outer rings are used to identify the treatment effect. Our method generalizes this concept. Instead of estimating the difference in average house prices between the inner and outer rings around a LIHTC site, we recover a non-parametric function of house prices that illustrates how prices vary with distance from the LIHTC site and the time since development. This gives a more detailed picture of how LIHTC impacts house prices over time and space. It also allows us to recover the gradient of house prices with respect to LIHTC proximity, which will be needed for our hedonic model to recover households' preferences for LIHTC proximity. We find our approach offers a number of benefits over the ring method, which we will discuss in detail. As a robustness test, we will also perform the standard "ring method" analysis. 8 4.1 The spatial non-parametric differences-in-differences setup To estimate the non-parametric spatial differences in differences we present a new estima- tion method using empirical derivatives which we will discuss below. We develop a formal econometric model where we index all LIHTC locations by a unique geographic area 1, cor- responding to the 1.5 mile radius circle surrounding the LIHTC site. Each location 1 will have a type Y E £ C JtL, with Ly finite, reflecting the characteristics of the census block group in which the LIHTC site is located; in particular, we focus on median income and minority share. We let individual houses be denoted by j. Within a neighborhood 1 sur- rounding a LIHTC site, we associate with each house j its polar coordinates (r3,03) relative to the LIHTC site in neighborhood 1. We denote calendar year by t. Following a differences-in-differences approach, we assume house prices in neighborhood 1 are given by: logpo = my (r3,T3) + (ra,° ) + cot (e3,t) +E3t, (1) where mY (r3,T3) is the impact of LIHTC construction on the house transaction price in a neighborhood of type Y. Specifically, r3 measures the distance in miles of house j from the LIHTC site and T3 measures the difference in years between the transaction year of house j and the LIHTC site announcement date. The non-parametric function 01 (r3,03) denotes neighborhood-specific, location "fixed effects."' In a standard difference-in-difference frame- work, treatment is usually assigned to discrete entities (e.g. people, cities, firms), however we generalize this to the continuous case and allow for a smooth surface of housing prices across geographic locations that do not depend on time.14 The non-parametric function col (03,t) allows for a distinct time trend for neighborhood 1, which also could potentially vary based on 0.15 The error elt recognizes that some housing and neighborhood characteristics will have prices that vary in time in ways that jointly depend on r3 and 03 beyond this additively separable setup. 13We do not analyze or model possible interaction effects of multiple geographically proximate LIHTC sites. We do not have enough data to study such effects. 140ne could consider discretizing the geography into something like census tracts or even individual houses and including census tract or house fixed effects in the regression. However, this suffers from a bias/variance trade off where if the geographic units are too large, the regression does not adequately control for neigh- borhood variation in house prices. However if the geographic units are too small (house fixed effects) a large amount of information is thrown away. In the case of house fixed effects, we would only be able to use repeat sales of the same houses to identify our estimates, even if there were many houses that only transacted once but were located right next to each other. The smooth surface of housing prices over geography attempts to deal with this bias/variance trade off more efficiently. 15For example, it could be that in some neighborhoods there is more house price appreciation to the north than to the south for reasons unrelated to LIHTC development. While not controlling for B is unlikely to bias our estimates, it can help with regard to efficiency. 9 Crucially, we have assumed that these local price trends do not depend on r. Then, under the identifying assumption that local housing price trends unaccounted for by our location "fixed effects" 0t (ri,0i) and neighborhood time trends yt (Of,t) are independent of distance to the LIHTC site, ri, and year since LIHTC funding,r3 : E(g3tI m,Y (r;,T;) ,Ot (ri,e3) ,(Pi (e3,t)) — 0, we can recover a consistent estimate of the gradient of rrty (ri,Ti) with respect to distance. That is, while the overall neighborhood is likely an endogenous choice by developers, due to the unpredictable nature of whether LIHTC funds will be awarded to a given applicant, it is hard for developers to strategically time LIHTC funding with highly local house price trends. Further, due to highly local supply constraints such as the exact location of available lots, the placement of a low-income property is plausibly exogenous with respect to highly local price trends. Intuitively, we can obtain a consistent estimate of the non-parametric price gradient by examining price changes close to a LIHTC property vs price changes slightly further away and then using differences-in-differences to "difference out fixed effects". Furthermore, to the extent that the treatment effect ultimately decays towards zero with distance within this area, we can estimate the overall level treatment effect by integrating our estimate of the gradient. While we set up the estimation in a non-parametric framework, such a strategy has been pursued in previous papers, albeit in a more parametric form. This more parametric approach would compare price changes in an inner circle of certain radius to price changes in an outer ring of certain radius that surrounds the inner ring. The inner ring would be thought to receive the treatment, while the outer ring would act as the control. Examples of this approach include Currie et al. (2013), Autor et al. (2014), Aliprantis and Hartley (2014), and Shoag and Veuger (2015).16 While this method is quite simple, it has a number of drawbacks. First, it requires the researcher to choose an arbitrary cutoff in distance between the treatment and control rings. Second, it is susceptible to a substantial missing data problem, as it is often the case that at narrow ring choices there could be years in which either the inner or outer ring have no housing transactions. Third, it makes no attempt to control for the time-invariant variation in house prices within each of the two rings, which can lead to substantial variance in the estimator. Fourth, the estimator delivers an average difference in house prices between two rings, but not a derivative at specific distances, which is what is needed for a hedonic model. However, this estimate could be enough if the researcher were only interested in reduced form average effects on house prices. In Section 16Autor et al. (2014) approaches this problem slightly differently using exponential weighting based on distance. 10 B of the online appendix, we perform simulation studies comparing our setup to the ring method. We find both estimators produce consistent results, but the standard errors on the ring methods are much wider and often cannot reject a zero effect even for modest sized point estimates, which are strongly statistically significant using our non-parametric framework. 4.2 The empirical derivatives estimator Standard estimation methods for estimating additively separable non-parametric functions, as we have in equation (1) are very computationally challenging to work with when there are many additively separable non-parametric functions.17 Instead, we build on new methods developed in the statistics literature by Charnigo et al. (2011) and Charnigo and Srinivasan (2015) which allow us to directly estimate the derivative of my (r3,T3) by "differencing out" the additively separable nonparametric functions. The idea is to estimate gradients of the pricing surface using empirical partial derivatives and then to use kernel regression as a smoothing procedure. The key advantage of these methods is that they provide a way to difference out the fixed effects and time trends in a spatial, non-parametric setting, just as one would do in a fully parametric differences-in-differences design. The procedure provides substantial computational and efficiency gains over the alternative of estimating the full non-parametric surface in levels and then taking derivatives. We outline the methodology here. First, at each housing transaction data point (re,0,,ti), we create "empirical derivatives" of the log house price surface with respect to the distance r to the LIHTC site . Note, i is simply an indexing variable over all house transaction locations where we will evaluate the empirical derivative. Intuitively, these are just finite differences in house prices with respect to distance from the LIHTC site. To do this, we find housing transactions with similar values of B and t, but different distances from the LIHTC site. In an ideal world, we would want to use house prices with identical values of 0 and t and calculate numerical derivatives of house prices with respect to distance from the LIHTC site. Taking numerical derivatives with respect to r allows us to difference out any time trend in the neighborhood, since the time trend shouldn't vary with distance from the LIHTC site. We then analyze how these numerical derivatives change relative to a base year, allowing us to difference out the time-invariant surface of house prices. 17The standard method is a procedure called back-fitting which is a Gauss-Seidel algorithm where one esti- mates an individual non-parametric function, given a guess of the other additively separable non-parametric functions. The procedure loops overs each non-parametric function, given the best guess of the others until the method converges. See Hastie and Tibshirani (1990) for more details. This method would be incredibly computationally challenging as we would have to estimate two nonparametric functions for each LIHTC site l along with iy(r),r3). This would require iterating over more than 14,000 functions. 11 To be precise, let Y� be the empirical derivative at (re,0,,t,) within neighborhood l con- structed according to: kn log pa(k c r) — log pb(k,c,r) (2) Y,,l = La wk k_1 ra(k,t,r) — rb(k,t,r) __ k (3) wk lcn (Kn + 1)/2 , with the observation subscripts recursively defined by: a(1 r) = argmin rd, b(1,t,r) = arg max rd (4) ' ' {dELr,,:rd>r,+ln} {dELr,,,:rd<r,,-ln} a(k,t,r) = arg min rd, b(k,t,r) = arg max rd (5) {dELr,r,r >r {dELr,,:rd<rb(k_1, ,r)} where In > 0.18 2 ( 2 (t —tt) t (eP — eb) < vn (6) Lr,, := {I) E {1,...,n} : P 2 < �n� 2 rP - r�) (rp — rr,) Note, again, that t simply indexes our empirical derivative observations. Equation (2) calcu- lates a numerical derivative with respect to LIHTC distance as the difference in house prices (log pa(k,,,r) —log pb(k,b,r)) between a pair of houses a(k,t,r) and b(k,t,r) , divided by the dif- ference in LIHTC distance (ra(k,,,,r) — rb(k,L,r))• Equation (2) then calculates these numerical derivatives for Kn pairs of houses and creates a weighted average of these with weights wk. This weighted average is our empirical derivative at (re,0,,t,), Y. Equations (4), (5), and (6) determine which houses to use for the empirical derivative calculation. Equation (6) first determines the set of "eligible" houses to use in the empirical derivative. Since we are interested in the derivative with respect to LIHTC distance, we ideally would want to compute the empirical derivatives using houses with identical Os and ts. Essentially, we want to hold 0 and t fixed and zoom in on house price variation only in the r dimension. Since we cannot choose where to observe house price transactions, we create a tolerance window within which 0 and t are "approximately" held fixed. Equation (6) states that houses are in the set eligible for our empirical derivative calculation if both their squared distance in time from t, and squared distance in angle from 0, are no more than the squared radial distance from r, times t9t,,, and en, respectively. Essentially this means lsln ensures we throw away house price transactions extremely close to rt.If we have numerical derivatives from transactions which occur at the exact same location as ri(such as multiple transactions in the same condo building), the denominator in equation (2) will blow up. Thus, we throw out transaction less then in =0.01 miles away from r;,. 12 that houses in the eligible set L,.,, are similar to (re,0,,t,) in the B and t dimension, but differ in the r dimension. Visually, this can be thought of house transactions falling within a 3D "bowtie" around (re,0,,t,) , as illustrated in Figure 2. 79n is a tuning parameter which determines the width of the bowtie. A large VT, allows more house prices to be eligible for the empirical derivative calculation, but will also add bias since they will have more variation in the B and t dimension. A smaller 79,2 allows less data to be used in the empirical derivative calculation, leading to more variance. We search for (at most) i,,, nearby transactions within this "bowtie" of nearby locations.19 The house prices (a (1,t,r) ,...,a(k,t,r)) are transactions which are further away from the LIHTC site than r, and are ordered by radial distance from re. Thus, a(1,t,r) is closer to r, than a(2,t,r). Similarly, the house prices (b(1,t,r) ,...,b(k,t,r)) are the transactions closer to the LIHTC site than r, and are ordered by radial proximity to rt. Thus, b(1,t,r) is closer to r, than b(2,t,r) . To construct the empirical derivatives, equations (4) and (5) state that the housing transactions are paired together based on how close they are to re. Thus, the first pair of houses used in the empirical derivative calculation would be a(1,t,r) and b(1,t,r), where a(1,t,r) is the house closest to (re,0,,te) in the radial (r) dimension that has a distance from the LIHTC site greater than r„ and b(1,t,r) is the house closest to (re,0,,te) in the radial dimension which has a distance from the LIHTC site less than re. Note that these houses must also fall within the bowtie tolerance region defined by equation (6). When constructing empirical derivatives in each local area, we use only pre-treatment data in constructing pre-treatment derivatives and only post-treatment data in constructing post-treatment derivatives. This is to ensure that data from the post-treatment period has no effect on the pre-treatment estimates. Once we have transformed our data on house price levels to data on house price deriva- tives, we smooth these house price derivatives using a standard kernel estimator. Define the Nadaraya-Watson kernel estimate at (r,t): (r,t) = n-1 KH„ ((r,t) — (re,ti))Ye—) KHn ((r,t) — (r„tt)) (7) where: KH„ ((r,t) — (re,ti)) = 1 K r — re t — t� h,,nht,n h,n ht n ) (8) and K(•, •) is the two-dimensional Epichanokov kernel with bandwidths hr.,n,ht,n. Thus, 19 We use#n as the maximum number of house price pairs included in the calculation. However,sometimes there are less than in pairs of house prices in the bowtie region. In this case, we use as many pairs as there are available in the data. Formally, the number of available house price pairs is a random variable. We address this in the econometric proofs in the appendix. 13 cal (r,t) is constructed around each LIHTC site 1. The following theorem provides a consistent estimate of the gradient treatment effect. Theorem 1 Suppose: 1. n oo, 0,ln 0,rc,, oo, n —> 0 2. nhn -p oo,Kn/ (men) —* 0,122 km -* 00 Letting Ti denote the treatment year of LIHTC site 1 of type Y. Then the following: (r,Ti + T) - 43l (r,Ti - 1) (9) Oy(r,r) 8mY(r'-1) = O. is a consistent estimate of 8r , where we assume ar The proof of this result, as well as a general discussion of nonparametric derivative estimation in both the univariate and multivariate setting, are provided in Section D of the online appendix. This result generalizes Charnigo et al. (2011) and Charnigo and Srinivasan (2015) to the case where the data are observed at random locations. Charnigo et. al (2011) analyze a univariate case when the data can be observed at chosen locations. Charnigo and Srinivasan (2015) analyze the multivariate case where the locations of the data are again fixed. Neither of these consider the random design, difference in differences setup. Section C of the online appendix performs Monte Carlo simulations to evaluate the performance of our estimator and coverage rates of our bootstrapped standard errors. In our empirical work, we define the treatment year Ti as the year in which funds are allo- cated for the development project, rather than the year the project is placed in service. We do this for two reasons. First, prices are forward looking and thus should reflect anticipated neighborhood effects of low income property development when the project is announced. Second, the construction of the project itself may have direct effects on prices prior to the development being placed into service, but after the funding is announced. We set ftn = 5 (the number of house pair used in each empirical derivative),hr,n = 0.3 (the bandwidth for smoothing in miles),ht,n = 5,(the bandwidth for smoothing in years), 19tr,, = 1.6 (the bow-tie width in years), en = 0.4 (the bow-tie width in distance perpendicular to r),and In = .01 (miles around the empirical derivative location to drop data)20. With enough house price 201n is required since sometimes there can be transactions at the exact same location (in a condo building) and the distance between the transaction is zero. This is not useful for the empirical derivative calculations since the denominator of the empirical derivatives (distance between the transactions) would be zero. The need to drop data very very close to the site of the empirical derivative shows up in the consistency proofs in the appendix as well. 14 transactions around a single LIHTC site, we would be able to estimate the price impacts for each site individually, however for power reasons we average our estimates across LIHTC sites of type Y : OrrtY r T) 1 _ Or Ni, [ (r,T +T)dt — (r,T1 - 1)] lEY where NY is the number of LIHTC sites of type Y in our data. We use block bootstrapping over LIHTC neighborhoods to obtain standard errors. See Section D of the online appendix for econometric proofs of consistency, Section C for Monte Carlo analysis of our estimator, and Section B for a simulation study comparing our estimator to the simple ring estimator. 5 Reduced Form Results 5.1 Price Effects We begin by studying the reduced form price effects. For clarity of exposition, we begin by presenting the nonparametric level estimates obtained by integrating the gradient estimates as described in the previous section. Figure 3 illustrates the average impact of LIHTC construction on local house prices across all neighborhoods. First, note that prices leading up to the LIHTC funding are quite flat, validating our identification assumption that ab- sent LIHTC construction, housing prices very close to the LIHTC site would have trended similarly to house prices slightly further away. Nonetheless, it appears from Figure 3 that LIHTC construction has no significant average impact on local house prices. However, this figure masks substantial heterogeneity in the price impact of LIHTC development on local house prices. To examine such heterogeneity, we re-estimate the price effects for construction in various location types Y E Ly. We begin by dividing the LIHTC sites into four buckets based on the 1990 census median income of the census block group in which the LIHTC site is located. The income quartile cutoffs are $26,017, $38,177, and $54,642 in 2012 dollars. Note that, consistent with the summary statistics evidence provided in Table 1, the cutoff for the top income quartile is still substantially below the average block group median income of$66,652 for the counties in our sample. Moreover, LIHTC residents must earn no more than 60% of the local area's median gross income, which on average across all our counties is 0.6*$66,652 =$39,991. Thus, the bottom quartile of LIHTC sites have residents earning significantly below the average income cutoff, while the top quartile neighborhoods have median incomes 15 about $15,000 above the average income cutoff.21 Figure 4 illustrates the heterogeneity in price impacts. Panel A shows that LIHTC construction triggers large local price appreciation of approximately 6.5% after 10 years in the bottom income quartile. Panel B shows that LIHTC development has little impact in the second income quartile, beyond maybe small appreciation very close to the development site. We see in panels C and D that construction of affordable housing leads to striking and markedly different effects in both the third and fourth income quartiles, with construction leading to price declines of approximately 3% after 10 years in the third income quartile and declines of 2.5% in the fourth income quartile. The speed of the price decline in the fourth income quartile is dramatic, with practically all losses within 0.1 miles of a LIHTC site over the 10 year period occurring in the first year. However, the price declines in income quartiles 3 and 4 "radiate outwards" as time since LIHTC funding increases. At distances of 0.3 to 0.4 miles away from the LIHTC site, there are modest declines in house prices right away, but they fall over time. It appears the housing market very quickly "prices" the impact of LIHTC very locally, but it takes 5 to 10 years for the house prices 0.3 to 0.4 miles away to fully adjust to the shock. In all cases, we do not see strong evidence for pre-trends in prices, further validating our identification assumption that there are no very local house price trends correlated with LIHTC development. Table 2 summarizes the point estimates shown in these figures, along with standard errors. We additionally examine the impact of LIHTC development in high minority areas. In particular, we restrict to those LIHTC sites located within a census block group that has a population at least 50% Black or Hispanic based on the 1990 census. We then further classify these sites based on whether they are in low income areas, defined as within the first or second income quartile, or high income areas, defined as within the third or fourth income quartiles. Figure 5 illustrates the effects of affordable housing construction in high minority areas. Low income, high-minority areas see strong price appreciation of approximately 5% after 10 years resulting from LIHTC development, similar to the overall effect we see in the first and second income quartile. Conversely, prices in high income, high-minority areas remain relatively stable, with no evidence of the house price decline documented above. Thus, the substantial price depreciation seen in high income areas occurs in those neighborhoods with minority populations of below 50%. 21This is an approximate, back of the envelope calculation. AGMI limits vary by county. 16 5.1.1 Comparison to Ring Method Our nonparametric estimator gives a lot of detail into the shape and intensity of the local house price responses. However, this does come at a slight cost of computational complexity. Previous methods using this style of identification strategy have employed the "ring method" discussed in the previous section. While this method is simple, it can be quite underpowered. This is due to a severe missing data problem where data is dropped when either the inner or outer ring does not have a transaction in a given year. Furthermore, there can be substantial time-invariant geographic house price variation within the rings (e.g. in the north vs the south) which the ring method does not control for. Finally, our hedonic model requires the actual gradient, which the ring method does not directly provide. As a robustness check, we have run the ring estimator on our data. We define the inner ring as distances less than 0.2 miles from the LIHTC site, and the control ring as 0.2 to 0.5 miles from the treatment site. The plotted effects are shown in Figure 6. All confidence intervals contain our nonparametric estimated effects. However, only the lowest income neighborhoods show a statistically significant effect due to LIHTC construction. While the point estimates for the higher income neighborhoods are pretty close to those estimated with nonparametrics, the excessive noise in the ring estimator leads us to not be able to reject an effect of zero. We explore the differences between the ring estimator and our nonparametric estimator more directly using simulations in Section B of the online appendix. In those simulations, we also find the standard errors on the ring estimates to be much bigger than those using our nonparametric methods. 5.1.2 Treatment Effects in the Short and Long run We define the short term effect as the average price gradient impact on LIHTC site l between event years 0 through 5, relative to event years -5 to 0: log short 1 /s o Or (r,l) = 5 J $i (r,T + T)dr — 1 f cf./ (r,T — T)dT. o s Similarly we define the longer term impact of LIHTC sites as the impact in event years 5 through 10, relative to event years -5 to 0: e log Along 1 io 1 0 Or (r,l) — f 4;l (r,7i + T) dr — 5 f ePl (r,T — T)dr. 5 We decompose these price gradient effects into differential effects based on neighborhood amshort T. an2long income quartile and minority share. We define Ya,r � '� and ariT'� as the short term (within 5 years) and long term (6-10 years) gradients of the price effect with respect to 17 N. G 4 distance (r) of LIHTC development in neighborhoods of type Y: 0 log pshort (7..,l) umy ort (r7) short 1 __ (10) Or Or +Erl 0 log prong (r,1) aml g (r a) long (11) Or +Err Or We allow the neighborhood price effects to vary by the income quartile of the neighborhood (Yr) and whether the neighborhood has a high minority share (Yr o ) : a,:id' ort — short manor *1 [y;nc >.l (12) (1.3) _ bshort(r)+Rshort(r)*yminor *1 ry�nc <2] -��jm high(r)*yd L d 1.lmlow L ar � dong don minor inc am (7-2) Lon minor r 9 *1 y >2 . (13) y = -long (r)+Qml w(r)*Yd *1[Yd <2] +�mh;gh(r)*Yd [ d ar y« where Yr E [1,2,3,4] is the income quartile of the neighborhood surrounding LIHTC site 1 and Ylninor is an indicator variable equal to 1 if LIHTC site is located in a high minority area. Ssh't (r) and SYr 9 (r) represent the short and long term price gradient impacts of yr short LIHTC development in low minority areas in income quartile Y�n� at distance r. omiow (r) and olmio (r) measure the differential short and long term impacts in high minority areas within income quartiles 1 and 2. ithi gh (r) and i3tnh gh (r) measure the differential short and long term impacts in high minority areas within income quartiles 3 and 4. Figures 7 and 8 illustrate our nonparametric estimates in the short-term and long-term of the price gradient treatment effects given by equations (12) and (13) as well as 90%confidence intervals. Here, a negative estimate implies prices are increasing as one moves closer to the construction site, while a positive estimate implies prices are decreasing as one moves closer. Note that the results reported in the Q1/Q2 High Minority and Q3/Q4 High Minority plots are differential effects relative to the low minority effects reported in the Ql-Q4 plots. The Q1/Q2 High Minority plot illustrates that there may be slightly larger price appreciation effects in low income areas when the area is also high minority, however the effect is not quite statistically significant. Further, the statistically significant negative impact on the price gradient in the Q3/Q4 High Minority plot demonstrates that high income, high minority areas suffer significantly less price depreciation than high income, low minority areas. This is, of course, consistent with the evidence seen in the second panel of Figure 5. High minority and low income areas receive the most house price appreciation from LIHTC development, while higher income, low minority areas exhibit house price decline.' 22Our effects are of a similar magnitude to other nonpriced neighborhood amenities. Gallagher and Greenstone (2008) find that Superfund sponsored clean-ups of hazardous waste sites lead to economically small and statistically indistinguishable from zero changes in local property values. Campbell et al. (2011) report that a foreclosure within a 0.25 mile radius of a given house lowers the predicted log price by 1.7 percent. At extremely small distances the effect is larger, with foreclosures causing price declines of between 18 5.2 Mechanisms Taken together, these results seem to imply that LIHTC construction makes low income neighborhoods more desirable regardless of minority share, while making high income, low minority share neighborhoods less desirable. There are a variety of possible explanations for this finding. Most directly, LIHTC renovates or builds new apartment buildings, but also brings in moderately low income tenants to the neighborhood. While we can't unbundle the effects of construction from the impact of the tenants, our results are consistent with the hypothesis that relatively higher (lower) income neighbors are a positive (negative) amenity, as evidenced by LIHTC's heterogeneous effects on local house prices. Clearly in high income neighborhoods LIHTC tenants are likely to be of relatively lower income. In the lowest income areas, though, LIHTC tenants easily could be of higher income than the local average.23 Even if LIHTC development is the initial shock that causes these house price changes, there are likely many indirect mechanisms through which LIHTC impacts the desirability of the local neighborhood. We begin by using the merged DataQuick-HMDA data and our non- parametric methods to investigate the impact of LIHTC development on local demographic change. If local residents have preferences over the demographics of their neighbors, the in-migration of LIHTC residents may further attract different types of residents and these new in-migrants could make the neighborhood more or less desirable. Figure 9 reports the average treatment effect in levels (not gradients) from years 0 to 10 on home buyer income. Consistent with our price results, we find that the introduction of affordable housing leads to home buyers with higher incomes of approximately 3%-4% in low income, low minority- share areas. Conversely, such introduction leads to a statistically significant decrease in home buyer income of approximately 1.5% in low minority, top income quartile areas. The effects are muted in high minority areas, with low-income high minority areas not attracting quite as high income home buyers as the low-income non-minority areas. The high income, high minority areas also do not experience declines in home buyer income, unlike the high income, low minority areas. We next investigate the impact of LIHTC construction on the Black share of home buyers, with the results presented in Figure 10. The average impact on low income, low minority share areas is statistically and economically insignificant. However, low-income, 7.2 and 8.7 percent, depending on specification. 23While we do not have direct data on the income distribution of LIHTC tenants across different neighbor- hood types, Horn and O'Regan (2013) document LITHC tenants are moderately low income. The median LIHTC resident is between 30 and 40 percent AMI. In contrast, over 75 percent of public housing and vouchers tenants are below 30 percent AMI. This suggests that LIHTC residents in the lowest income areas are likely of higher income than their private-market neighbors. 19 high-minority areas do see a statistically significant decrease in the percentage of Black home buyers. We also see decreases in the Black share of home buyers in the higher income, high minority areas of 3 percentage points. Therefore, it appears that building affordable housing in high minority areas may lead to lower racial segregation.z4 We explore the impact of affordable housing development on local crime rates in Figure 11. The cities of Chicago, San Francisco, and San Diego provide comprehensive detailed local crime statistics dating from 2001-2014 in Chicago, 2003-2014 in San Diego, and 2007- 2014 in San Francisco. These data provide the type of crime, as well as the date and the exact location in the city. Since this is a much smaller sample (we have only have 127 LIHTC sites developed in this time frame in these cities), we cut the data only by high/low income and high/low minority. We find both violent and property crime decline in low income areas, regardless of minority share. However, in higher income areas we do not see any increase in crime, rather property crime may even fall slightly. Lowering crime in low income areas appears to be one of the driving mechanisms through which LIHTC improves low income neighborhoods. In fact, according to survey evidence provided by Buron et al. (2009), increased safety is the third most frequently cited motivation for moving into LIHTC properties, after lower rent and nicer apartments. The same report documents that 80 percent of sampled properties provide some form of security system. The two most popular measures were restricted entry (63 percent) and buzzer systems (56 percent). Over one-third of sampled properties employed a security guard. In the online appendix, we examine whether the house price impacts of LIHTC vary based on whether the LIHTC is new construction or a rehab of an older apartment build- ing. We find quite similar effects for both rehab and new construction across all types of neighborhoods, suggesting the mechanism is not simply upgrading blighted older buildings (rehabs) or increasing population density (new construction). 6 Hedonic Model of Housing Choice 6.1 Structural Estimation We now use our reduced form price estimates of the price gradient to structurally recover individual preferences for LIHTC proximity on a household by household basis. We will then 24Horn and O'Regan (2011) find that LIHTC development may directly decrease segregation in certain areas The authors collect data on the racial composition of LIHTC tenants collected from state agencies in Texas, Delaware, and Massachusetts. They find that, in Texas and in low income Delaware census tracts (QCTs), the racial composition of the LIHTC development tends to be less segregated than that of the census tract in which it is located. To the extent that people have preferences for living with individuals of the same race, this may account for some of our estimated effect on the race of new home buyers. 20 use these preference estimates to quantify the local, long term welfare impact of building affordable housing. To this end, we develop a generalized hedonic model along the lines of Rosen (1974) and Bajari and Benkard (2005). In this framework, a house j is considered a bundle of characteristics (Ri,X;,Y3,C) . Here R; denotes the distance to the nearest LIHTC property. The vector Xi denotes physical and location characteristics of the house j. These include characteristics which can, to an approximation, be thought of as continuously chosen by agents, such as square-footage, lot size, numbers of beds/baths, and age, as well as discrete choice variables, such as whether the property is a condo or single-family house. As described previously, the variable Y3 denotes the type of the nearest LIHTC property, that is the median income and minority share of the census block group in which the development is located. This specification allows the agent to view LIHTC properties in different types of neighborhoods as distinct goods with disparate impacts on their utility.25 Finally, C is a vector of property and location characteristics of the house which are observable to the home buyer but not to the econometrician. Such variables might include whether there is a finished basement or not. Each household has quasilinear utility over these housing and neighborhood characteristics R,X,Y,. and a composite consumption good c whose price is normalized to one. Under this setup, with minimal assumptions on the utility function and no supply side assumptions, Bajari and Benkard (2005) show that there exists an equilibrium price surface which is Lipschitz continuous with respect to characteristics and that there is a single price for each unique bundle of characteristics. This allow us to write equilibrium house prices as a mapping from characteristics space pit = pt (R,X,Y, Note that the equilibrium price function can vary with time. This is because in the hedonic framework each different time period is treated as a distinct market, in which market primitives such as consumer preferences or marginal production costs can change. Home buyers have quasilinear preferences and their optimization problem can be written as: max Ui (R,X,Y, + c such that pt (R,X,Y, ) + c < wig (14) R,X,Y,Cc where wi is the wealth of agent i.26 Household i elects his ideal household and neighborhood bundle (Ri,XZ,YZ, ,cz) by 25For example, a given household may find LIHTC proximity desirable when it is built in a low income neighborhood, since it improves neighborhood quality of low income areas. However, LIHTC proximity might be undesirable when it is built in a high income neighborhood, since it could degrade neighborhood quality. 26Since quasi-linear utility does not allow for income effects, this model would not be well suited for studying total housing and neighborhood demand. However, we zoom in on a small aspect of this decision: the importance of LIHTC proximity in choosing a place to live. Since this is not the overwhelming driver of house prices, it is plausible to believe income effects are negligible. 21 maximizing his utility. Since distance from a LIHTC property is a continuous choice variable, the optimal distance is found by setting the first order condition with respect to R to zero. Doing so relates the slope of the households' utility function with respect to R, i.e. the marginal willingness to pay (MWTP), to the slope of the pricing surface pt (R,X,Y, ) at the optimal bundle.27 aUi (R2,X2,Y2, ic2) _ apt (R2,Xz,Y2,C2) (15) DR aR Note that this includes distances very far from any LIHTC where the LIHTC proximity might no longer impact house prices or utility.28 The households who don't find it worthwhile to live close enough to LIHTC to pay its hedonic price will live at these further distances where proximity is irrelevant for prices and utility. From these very far away households' perspective, it is as if the LIHTC site doesn't exist. Without any further assumptions on the utility function, we can use our previous non- parametric estimates of the price gradient to recover this local MWTP for each individual household in our data who chooses to live close enough to a LIHTC site such that house prices are influenced. To do so, we assume the following form for the equilibrium price function: log pt (R,X,Y, ) = my (R,T) + ht (X, ) , where r is the number of years since LIHTC development and ht (X, ) measures the price impacts of the other physical and neighborhood characteristics. As before, iy (R,r) rep- resents the price impact of being R miles away from a LIHTC development built in neigh- borhood type Y. Implicitly, just as in our empirical specification, we are assuming that the impact of LIHTC distance on house prices does not depend on individual house character- istics. Under the additional assumption that there is a function from geographic location and time (r,0,t) to the available characteristics (X, ) at that location, and that: ht (X, ) _ q51 (r,0) + (pi (0,t) , we then recover our empirical specification (1). We therefore can estimate an individual 27Households will also optimize over other characteristics variables. Some of those variables may be categorical. See Bajari and Benkard (2005) for a discussion of how optimization over categorical variables is handled. Under our assumption of an additively separable utility function, we do not need to examine the optimal choices of households over other housing characteristics for our analysis. 28For example, the utility benefit of moving 55.1 miles away from versus 55 miles is likely zero. Similarly, we would expect the hedonic price of LIHTC proximity to also be zero at this distance. 22 household's MWTP at its optimal bundle by: OU, (Rz,X27Y27 27cz) __ apt (R%,X:,Y2,C*) amY R,T) *,Xi* * * Pt (Ri ,Y �i) OR OR or That is, the estimated marginal willingness to pay is equal to our non-parametric estimate of the log price gradient at distance R* multiplied by the observed purchase price. Note, however, that this procedure only provides information about preferences for each household at that household's optimally chosen bundle. In other words, it does not allow us to recover the full MWTP curve. This is a common issue arising in hedonic work when one does not see many choices by the same household. Since we want to conduct non-local welfare analysis, which essentially requires integrating over the MWTP curve, we follow convention in the literature by specifying a log-linear parametric form for the utility function. We begin by assuming there is a maximal distance Roy- at which proximity to LIHTC of type Y no longer contributes to agent utility. We identify Ro,Y as the point at which the estimated price gradient for type Y goes to zero. Furthermore, we see from our hetero- geneous estimates of the pricing surface that affordable housing proximity is viewed as an amenity in some areas, e.g. in lower income areas, but a disamenity in others. We assign each type Y a label AY = G,B depending on whether the price gradient is negative or positive respectively. Types with label G are viewed as an amenity and types with label B are viewed as a disamenity. Given these labels, we assume a household's utility increases in R for types with label B and increases in Ro,Y — R for types with label G. In other words, when LIHTC is viewed as an amenity households like proximity, and when LIHTC is viewed as a disamenity households like distance. Give our log-linear specification, we thus have: UG (R,X,Y, ,c) = AG +yi,l'log(1 + Ro,Y — R) 1 [R < Ro,Y] +ni (X,�) +c (16) UB (R,X,Y, ,c) = AB +yi,Y log(1 + R) 1 [R < Ro,Y] +ui (X, +c, (17) where ui (X, ) reflects the utility contribution of the house's physical and location character- istics. The parameter yi Y is household specific and reflects household is personal preference for proximity to LIHTC in a neighborhood of type Y. Note that the indicator variables en- sures that the contribution of LIHTC proximity to utility disappears beyond distance R0,Y. We finally set the constants AG,AB such that the limit of household utility approaches ui (X, ) + c as R approaches Ro,Y. This leads to AG = 0 and AB = yix log(1 + Ro,Y) . With these parametric assumptions in place, we can then recover the global MWTP curve for each individual household who optimally chooses R < R0,Y. This is, of course, 23 equivalent to recovering -yi y for each household. Given the functional forms, we estimate a household's 'yi,y* by: Y Y _ apt (R:,Xi, '':, i) ,A —_ B (18) 1 + R2 aR y Y _ apt (Rz,X2,Yi, ,A — G (19) 1 + Ro,y: — RZ aR where the form of the price gradient estimate is give above. 6.2 Welfare Using our recovered parameter estimates, we consider the long-run, local welfare impact of introducing unanticipated LIHTC development into a metropolitan area which currently has none. By local welfare, we mean that we will assume the price and amenity value of neighborhoods away from the LIHTC are unchanged due to the LIHTC construction. This assumption would be violated if there are general equilibrium effects, such as if a LIHTC development causes "good neighbors" to move into the LIHTC neighborhoods and leave their old neighborhoods, making these previous neighborhoods decline in amenities. While quantifying the full GE effects of LIHTC would be ideal, we see the heterogeneity in the local welfare impacts as a useful first step in understanding where to target affordable housing. This is a long-run welfare calculation since we assume moving costs are zero. Moving costs create a wedge between the optimal location of each household and the location the household lived in before LIHTC development. In the long-run, everyone is much more likely to re-optimize their housing choices, although moving costs could still be relevant. We decompose the welfare effects into the impacts on homeowners, renters, and absen- tee landlords. We will discuss the equilibrium in both the periods pre and post LIHTC development to highlight the welfare effects on each type of household. 6.2.1 Neighborhood choice before LIHTC development Prior to construction of a LIHTC development, the local population optimizes over a vector of housing and neighborhood characteristics (X, ) according to the following problem: max ui (X, ) + c s.t. ho (X,i ) + c <_ yi (20) where yi is household income, ui (X,i ) is the individual-specific utility function over hous- ing and location characteristics defined above, and ho (X,i ) is the metropolitan equilibrium 24 hedonic price function over characteristics prior to LIHTC construction.29 We denote the optimal bundle of characteristics chosen by household i prior to LIHTC construction as . When LIHTC is built in the following period, we define Rj,pTe as the distance between household is chosen location in the pre period and the site of new LIHTC develop- ment. Since LIHTC development is unanticipated, Ri pTe does not influence his optimization in the period before LIHTC development. Turning to renters, since we do not observe data directly on rents, we make the assumption that house prices are equal to the present discounted value of rents. Renters therefore face the same optimization as homeowners in the pre-period. 6.2.2 Neighborhood choice after LIHTC development We assume zero moving costs, such that when affordable housing is built, all households will re-optimize. We view this welfare calculation as the long-run effect on welfare, since reoptimization in reality is sluggish. After LIHTC construction, the possibility to live close to a LIHTC site is within households' choice sets. The utility function is the same as before, but now includes the possibility of receiving utility from LIHTC proximity, as defined in equations (16) and (17): ax �AY (R,X,Y,S,C) s.t. 77Ly (R) + h1 (X,E) +c < 2Ji + 77by (Ri,pre) + hp (X,4') • The quantity 7ny (Ri,pre)+ho (X, ) in the budget constraint is the revenue received from the sale of the current home. my (Ri,pre) represents the house price appreciation for the people whose previous period's location choice happened to be close enough to the new LIHTC site to have their house prices impacted. The expression my (R) + h1 (X, ) is the price of the newly bought home where h1 (X, ) represents the hedonic prices for all the neighborhood and housing characteristics other than LIHTC proximity in the post period and my (R) represents the LIHTC proximity hedonic price. Our methodology does not allow us to examine the impact of LIHTC construction on outcomes at the broader metropolitan level. That is, we are not able to study how LIHTC construction impacts further away neighborhoods due to equilibrium changes in demographic sorting or the supply of location characteristics across neighborhoods within the metropoli- tan area. We therefore assume that hi (X, ) = ho (X, ), i.e. the hedonic price surface for all other house/location characteristics does not change due to the introduction of LIHTC development. This assumes that any housing choice available in the pre-period is still avail- "We assume that agents do not anticipate LIHTC development when they choose their optimal bundle of characteristics in the pre-period. 25 able in the post period after LIHTC. We gain significant tractability from this assumption, since it ensure that all households will choose the same bundle of characteristics (X:, i) pre and post LIHTC construction other than LIHTC proximity. However, it is due to this assumption and its implications that we are truly calculating only a local welfare effect. Renters will reoptimize according to a similar problem: max UZ Y (R,X,Y,t;,c) s.t. mx (R) + hi (X, ) + c < yi• Note that the key difference is in the budget constraint. Renters do not obtain any income from the sale of a currently owned home. We can now tabulate the various welfare effects. For homeowners, if their housing choice in the pre period does not end up being close to the new LIHTC site (Rpre > Ro,y) and their optimal location choice in the post period is also far enough away from the LIHTC such that it does not impact prices or utility (RI,, > Ro,y), then the welfare impact is AU, = 0. For these households, none of the locations impacted by LIHTC proximity are more desirable than their chosen locations in the pre-period, leading these households to make the same housing choices in the pre and post period. The welfare impact is thus equal to zero. For homeowners whose pre-period housing choice ends up being close enough to the new LIHTC site such that it impacts housing prices (Rpre < Rex), but optimally choose to move away from the LIHTC site (Ri,i > Ro,y) in the post period, the welfare impact is given by the change in prices: AU, = 77iy (Rpre) . These households move away from the LIHTC development and choose a new housing- neighborhood bundle that looks identical to the one they chose in the pre-period (X:, i). They do not gain or lose any utility due to changes in neighborhood or housing character- istics, but do obtain greater or less consumption due to the price appreciation/depreciation mx (Rpre) of their pre-period home. For homeowners who optimally choose to live close to the new LIHTC site and pay its hedonic price (Ri,i < Ro,y), the welfare impact results from both the utility gain/loss due to LIHTC proximity and the change in consumption due to house price appreciation. For LIHTC development in areas where it is viewed as an amenity(Ax = G): AU, = -yi,Y log (1 + Ro,y — Rii) + mY (Rpre) — my (Rl,i , if Rpre Roy AU, = yi,x log (1 + Ro,x — Rii) — mx (171,i) , if Rpre > Ro,Y. while for LIHTC development in areas where it is viewed as a disamenity(Xy = B): 26 3 AU, — Z log ( 1 )1 + Ro Y +mY ( e) m— y (Ri i) if Rpre < Ro,Y 1 + Rl . AU, = yi Y log 1 + Ro Y ) — my (Ri,i) , if Rpre > R0,Y. Turning to renters, the welfare impacts for those who optimally choose to live close to the LIHTC site in the post-period (Rl i < Rol() are given by: AU, = 7i,Y log (1 + Ro,Y — Rl i) — 711y (Ri i) Ay = G 1 +DU Rl,i 7i,Y log (1 + Ro — my (R ) , Ay = B. The welfare impact is zero for renters who optimally choose to live far way from LIHTC (R1,i > Ro,y) since they choose the same bundle of house/location characteristics as they did in the pre-period and their rents do not change. Note, that if LIHTC is viewed as an amenity, renters must pay higher rents to locate close to it. If renters do not like living near LIHTC sites, they are compensated for it by the lower rents. On net, renters who chose to live close to LIHTC are made weakly better off than in the pre-period since they could have chosen to live far away from the LIHTC site and receive a utility change of zero relative to the pre-period. Finally, the welfare impact on absentee landlords whose properties are located at Ri,i < Ro,Y is given by the present value of the change in rents they collect: AU, = i12Y (Rl ) . The impact is zero for landlords with properties located at distances greater than Ro,Y since rents do not change. Note that landlords are not able to fully capture the amenity value to local renters in raised rents, leading renters to receive some welfare benefits from the increased amenities, even net of increased rental rates. We show this is generically true when renters have heterogeneous preferences in Section E of the online appendix. These impacts are summarized in Tables 3 and 4. Aggregating all homeowner welfare together when proximity to LIHTC is a disamenity we get:3° log (1 + Rol(' oY * 1(R* < Rfl Y , ( ) ) 21 30See Tables 2 and 3 for treatment of both the amenity and disamenity case. 27 where 1(Rl,i < Ro,y) is an indicator function for whether household i chooses to live close to the LIHTC site in the post period. The welfare impacts due to house price appreciation do not enter aggregate welfare since it is just a transfer from home sellers to home buyers. A key result of the model is that the aggregate welfare impacts on homeowners only depend on the direct utility value of LIHTC proximity accruing to the households who choose to live close to the new LIHTC site. Recall that our estimation methods only allow us to recover the LIHTC preferences for the households who choose to move close LIHTC. The model above shows that these are the only households whose preferences need to be estimated. Aggregate renter welfare when proximity to LIHTC is a disamenity is: (rix log 1 + R1 Z(1 + Ro,Y My (RI,i)) * 1(Ri,2 < Roy). (22) This is the identical formula to aggregate household welfare, except that it includes the change in rental costs for the renters who choose to pay the hedonic price of LIHTC proximity. Aggregate landlord welfare is: EmY (Rl,i) * 1(Rpre < RO,Y). Summing the landlord and renter aggregate welfare together will net out the rental cost effects, since this is just a transfer from renters to landlords. This gives: * 1Ri < Ro,Y). (23) ( i,ylo g ( i ' )) Just as in the homeowner case, the aggregate landlord-renter welfare only depends on the direct neighborhood utility value of LIHTC proximity as valued by the renters who optimally choose to live in the vicinity. Summing equations (21) and (23) gives the total welfare value to society. 6.2.3 Measuring the welfare effects With our welfare derivations in place, we now discuss how we measure the welfare impacts empirically. To this end, let qH (yy,R1IY,R1 < Ro,y) denote the joint density of preference parameters and distance chosen from the LIHTC site given that the household has chosen to live within Ro,Y miles of a LIHTC site of type Y. This density is directly observed in our data since we recover the ly of each household who chooses to move close to LIHTC and we also observe each household's chosen LIHTC proximity R1. The aggregate welfare impact of 28 1 a LIHTC site developed in neighborhood of type Y for homeowners is then simply given by: AU 99,Y = NH f ryY log (1 +Ro,Y — Rl,z) qH(7Y,R1, IY,R1 < Ro,Y)dryYdR1, Ay =(c2'4) DU 99,Y = NH f'Ty log qH ( ,R1IY,Ri < RoY)ddR1, AY = B 25 ( 1 ±Ri ) ( ) where NH is the average number of homeowners who choose to live within Ro,Y miles of a single LIHTC site in neighborhoods of type Y. We only use our estimated preference parameters y to measure the density of'y at each distance R1, but not the total quantity of households living at distance R1. Since our y estimates come from housing transactions, we don't observe the very-long run total quantity of in-migrants to live close to LIHTC. To get a more accurate measure of the total quantity of households who will choose to move in the long run, we measure the total household count surrounding LIHTC sites in the American Community Survey. We measure NH from the 5-year pooled ACS block group data on the median number of homeowners per LIHTC site living within Ro,Y miles of the LIHTC site of type Y.31 These numbers are reported in Table A3. Since we don't have direct data on renter migration, and therefore cannot directly measure their distribution of y as we do for homeowners,we need to make some additional assumptions to calculate their welfare. To calculate the impact for renters we assume that the distribution of preference parameters conditional on race and income is the same as that for homeowners, that is: qR (7Y,Ri JRace,y,Y,R1 < Ro,Y) = qH(-yY, Ri l Race,y,Y,RI < Ro,Y) . (26) This allows us to adjust the distribution of home owner preferences according to differences in the distribution of race and income between renters and owners, as measured in the ACS, to create the distribution of preferences among renters. The main caveat to this approach is that even at the same income level and race, renters' preferences may differ from that homeowners for LIHTC proximity. However, since we don't have any information other than home owner purchases and their race and income, we cannot make further adjustments to renter preferences other than using the demographics we observe for homeowners. We can then calculate the aggregate welfare impact on renters when LIHTC is an amenity (AY = G). Let qR (7y,R1,Race,yI Ri < Ro,Y) be the joint density of preferences ) LI- HTC proximity (R1) , race (Race) , and income (y) for renters who chose to live within Ro,Y 31We measure these household counts for the LIHTC sites used in our estimation, not the entire country. 29 of the LIHTC site.(Renter welfare can then be /written as: DU14,Y = NR L ['YY log(1+Ro,y-RI*)-'my(R1)]4R\7Y,R1,Race,ylR1 <Ro,y)d'YydR1dy (27) Race = NR E ./Hy log(1+Ro,y—Rli)—my(R1)]9R(YY,Ri IRace,y,R1 <Roy)qR(Race,yIR1 <Ro,y)dryydRidy(28) Rnce / = NR E f['YY log(1-1-Ro,y—R1+)—'rhY(R1)]411 ('YY,RI'Race,y,R1 <Ro,Y)qR Race,yjR1 <Ro,y)d'YYdRidifr29) Race f \ / qR(Race,ylRi <RO,Y) NR ['YY log(1+Ro,Y—R1,+)—'m.y(R1)]qH\'YY,Rl,Race,yIR1 <Ro,Y) qR (Race,YIR1 <Ro,y)d'Yy dRld o) Race where going from equation (28) to (29) plugs in equation (26) . NR is the total number of renters in the proximity of the LIHTC site. This number comes from the ACS. When LIHTC proximity is undesirable (Ay = B) , we have: [-yy 1+Rl, x qR(Race,ylRl < Ro,y)dryydRldy. DUR NR Ef log ( ° ) —mx(R1)] 4 (ryY,R1,Race,yIRi < Ro,y) x Race R < RoY) a99,1' — q (Race, 1 Race The joint density of race and income for both renters and homeowners, qR (Race,yI Ri < Ro,y) and qH (Race,yI Rl < Ro,y) respectively, are calculated from 5-year pooled American Com- munity Survey micro data. For the price effects due to LIHTC proximity, mY, we use our long term price estimates, derived from equation 13. Finally, the aggregate impact on absentee landlords is given by: H d qR (Race,ylRl < Ro,y) AUass = NR fifty (Ri)q (Ty,Ri,Race,yI Ri < Ro,y) qH (Race,yI Rl < Ro,Y) 'YYdRld y• Race 6.3 Results To keep the model parsimonious, we only use the short term and long term price gradient es- aihshort(r�) timates to recover households' preferences for LIHTC proximity. We denote these Yar 8fh long iy(rj) and ar , as in equations (12) and (13). Figure 7 plots the estimates of the short-term price gradient effects and Figure 8 plots the estimates of the long-term price gradient effects. These are labeled the "non-parametric estimates" in the figures. To use these estimates within our structural model to recover preferences, we set the gradient equal to zero at all distances past the point where the gradient first hits the x-axis and crosses zero or the point at which it comes the closest to zero. These estimates are also shown in Figures 9 and 10.32 We use the point at which the price effect goes to zero as our estimate of RO,y, the distance beyond which household utility is no longer impacted by LIHTC proximity. 32Our raw estimates are never statistically different from zero at any distance past the point where gradient first hits the x-axis. 30 Using the estimated price gradients, we use equations (18) and (19) to estimate each household's preference to live near LIHTC within neighborhood type Y. We designate LI- HTC proximity to be desirable within neighborhoods where LIHTC development caused price appreciation, while we designate LIHTC proximity as undesirable within areas where it causes price decline. We now examine how households' preferences for LIHTC proximity vary with race and income of home buyers. We measure how much each household is willing to pay (as a share of their house price) to live 0.1 miles from an LIHTC development. Panel A of Figures 12 and 13 shows that higher income households are willing to pay the most to live close the LIHTC development in Q1 income areas, conditional on wanting to live in a Q1 income area. This is true in both high and low minority areas. We find minority home buyers are willing to pay more to live in high minority, Q1 income areas than non-minority home buyers, while the reverse is true in low minority Q1 income areas. Overall, households choosing to live near LIHTC sites in Q1 income areas are willing to pay about 6% of their house price to live 0.1 miles from an LIHTC site. The preferences in Q2 areas are essentially zero, as reflected in the essentially zero price effects discussed previously. Within low minority Q3 areas and Q4 areas, we find that higher income households are willing to pay slightly more to avoid living 0.1 miles from an LIHTC site. We also find that minority home buyers are less deterred by LIHTC development in Q3 and Q4 low minority areas than non-minority home buyers. Overall, these households are willing to pay about 1.6% of their house price to avoid living within 0.1 miles of LIHTC. Within Q3 and Q4 high minority areas, the effects are economically insignificant, consistent with the economically insignificant price effects discussed previously. The online appendix reports similar effects measured in dollars, instead of in house price percentages, as these will be the numbers more closely linked to those used in the next section for the welfare calculation. 33 Turning to welfare, Panel A of Table 5 reports the average willingness to pay for LIHTC development per homeowner, renter, and landlord impacted by LIHTC development within neighborhoods of different types. Within Q1 income, low minority areas, the average home- owner would be willing to pay $23,403 for LIHTC development. The average renter would be willing to pay $6502 and the average landlord would be willing to pay $6011.34 In Q1, high minority areas, the average homeowner would be willing to pay $16,857, the average renter would be willing to pay$6475, and the average landlord would be willing to pay$6099. There are substantial benefits to the community from LIHTC development in Q1 income 33These figures are dominated by the fact that higher income households buy more expensive houses, creating a strong link between home buyer income and willingness to pay for LIHTC proximity. 34The sum of the welfare benefits to landlords and renters is less than that of homeowners because renters tend to be lower income, lowering their willingness to pay. 31 areas. However, the opposite is true in low minority Q3 and Q4 areas. Within Q4 areas, the average homeowner would be willing to pay $3972 to deter LIHTC development, the average renter would be willing to pay $67 for LIHTC development and the average landlord would be willing to pay $2416 to deter LIHTC development. In high minority, Q4 income areas, residents benefit from LIHTC development. Table 5 scales these numbers to aggregate effects to get total willingness to pay by society from LIHTC development in different areas. The units are reported in thousands of dollars. Since low income areas tend to be quite dense, as evidenced by Table A3, the aggregate benefit to homeowners from LIHTC development in Q1 income low minority areas is $57.9 million. The aggregate benefit to renters is $29.2 million and the benefit to landlords is $29.0 million. In total, society would be improved by $116.2 million from a single LIHTC development in a low income, low minority area. This number is even bigger in low income, high minority areas, ($211 million), simply because there tend to be more people living close to LIHTC in these areas. Conversely, development of LIHTC in a Q4, low minority area leads to an aggregate welfare loss of $12.1 million. These place-based effects are large and meaningful relative to the typical cost of devel- opment, around $300,000 per unit in California and likely lower elsewhere. This suggests the development cost of a typical 82 unit building would be $24.6 million, substantially less than the positive benefits in low income areas, and more than the welfare losses in the high income areas. 6.4 Discussion It is important to recognize that there are some important caveats to our analysis that prevent us from fully capturing all indirect channels through which LIHTC development could impact welfare. First, we can only capture the local welfare impacts of introducing a tax credit property into neighborhoods of varying type. This analysis does not include indirect general equilibrium effects on the amenity values on house prices of neighborhoods away from the LIHTC sites. For example, an extreme scenario is that LIHTC attracts "good neighbors" to low-income areas, forcing other neighborhoods to lower their stock of "good neighbors." In this zero sum game of good neighborhood allocation, the aggregate welfare effects could be zero, while the local welfare effects to the LIHTC neighborhood would be positive. However, documenting that LIHTC effects are extremely heterogeneous across space is the first step toward gauging the scope for place based policies. For externalities to create a justification for spatial policy, such externalities must be stronger in some places than in others. As noted by Glaeser & Gottlieb (2011), the placed-based policy literature 32 is often uncertain whether such spillovers exist and rarely documents nonlinear effects. Our results clearly document the heterogeneity in neighborhood impacts, which is a key first step to designing optimal spatial policy. Second, we are not attempting to analyze the effectiveness or welfare impact of the LIHTC program versus private market development. That is, we are not performing a policy evaluation of the LIHTC program. First, we do not observe the counterfactual. It may, for instance, be the case that LIHTC development is simply crowding out private multifamily properties. Conversely, it seems quite likely that, due to frictions, private developers cannot fully internalize the positive externalities of such construction in low-income areas, leaving scope for government intervention, but answering this question is beyond the scope of the current paper. With these caveats in place, we believe that our estimates can still be useful in helping federal, state, and local agencies think about where to locate affordable housing develop- ments. If government agencies face constraints in the number of subsidized properties they can finance, our estimates would suggest that development should be strongly targeted to low income areas. We must caveat this claim as well, though. Our welfare estimates view LIHTC development as a purely place based policy. Yet the location of affordable housing also influences the welfare of the tenants living in the affordable housing, which our numbers above do not capture. Recent work by Chetty et al. (2015) finds that young children strongly benefit from growing up in lower poverty neighborhoods. While the neighborhoods types analyzed in Chetty et al. (2016) do not map directly into our definitions, they report that a child moving out of public housing and into a low poverty area gains $99,000 in presented discounted value of future income over a lifetime. If we use this number to benchmark the potential gains to LIHTC tenants living in a Q4 low minority area versus a Q1 low minority neighborhood, and assume each apartment has two children in it, the average LIHTC development would improve the welfare of these children by $26.7 million.' This is an underestimate of the total welfare benefits to these households, as it only values the increased earnings and not other benefits which have been documented, such as better measures of mental health and lower obesity rates (Kling et al, 2007). The benefits to these tenants ($26.7 million) more than offsets the losses to local residents in these high income areas ($12.1 million), which makes development in these higher income areas look desirable. 35We assume the LIHTC remains affordable for 30 years and that each apartment will house a household with two children for 15 years. Thus, two households will leave in each apartment for 15 years, sequentially. We discount the present value of children's income of the 2nd household moving in the apartment 15 years after it was built by 3%, same discount rate used in Chetty et al. (2016). We assume the LIHTC site at 82 apartments. 33 However, if placing such a property in a high income area means that one less property must be allocated to a low income area, then there is an opportunity cost of $116 million, which is more than 4 times the welfare benefits documented by Chetty et al. (2016). This makes development of affordable housing in low income areas appear to be a very effective policy in improving the economic welfare of many low-income households, even when taking into account the current MTO evidence. A final caveat to these points is that there may likely be diminishing marginal returns to new housing in poor areas if these policies were scaled substantially. Yet, this is likely also true of the benefits estimated by Chetty et al (2016) as well. 7 Conclusion In this paper, we study multifamily housing developments funded through the Low Income Housing Tax Credit (LIHTC) to quantify the costs and benefits of affordable housing de- velopment on surrounding neighborhoods. Leveraging new econometric methods, we find that LIHTC construction has heterogeneous effects on local house prices based on neighbor- hood characteristics. In lower income areas, house prices appreciate substantially over the long-run in response to the introduction of affordable housing projects. Areas with a high minority share also experience significant price appreciation when a LIHTC development is built. On the other hand, prices in areas with higher median incomes and low minority shares tend to depreciate over the long-run. We investigate the mechanisms underlying these price effects. Development in low income, low minority share areas leads to a rise in the income of subsequent home buyers, while development in high income, low minority share areas leads to a decrease in home buyer income. In low income areas, LIHTC development leads to a reduction in both violent and property crime. This is consistent with evidence documenting that the overwhelming majority of LIHTC properties have a security system in place, as well as the stated desire of LIHTC residents for secure housing. Finally, we find that LIHTC construction in high minority share areas leads to an increase in the non-Black share of subsequent home buyers. This result is particularly significant since it illustrates that reduced segregation, a stated goal of many affordable housing programs, may be achieved by locating subsidized, rent- controlled properties in high minority share areas, due to the resulting neighborhood and demographic change. We employ a structural, generalized hedonic model of housing choice to link the esti- mated price effects to individual preferences for proximity to low income housing. In lower income areas where affordable housing developments are viewed as an amenity, higher income 34 households are willing to pay more for proximity. Conversely, higher income households are willing to pay more to live further away from affordable housing developments in higher in- come areas where such properties are viewed as a disamenity. White households are willing to pay more than minority households to locate further away from the tax credit property in high income, high minority share areas and have a lower willingness to pay for proximity in lower income, high minority share areas. Such results suggest that white households may have a preference for neighborhood homogeneity which interacts with how they view the amenities/disamenities provided by LIHTC construction. Our results show that affordable housing development has large welfare impacts as a place based policy, which more than offset the welfare impacts to tenants living in affordable housing. Given the goals of many affordable housing policies is to decrease income and racial segregation in housing markets, these goals might be achieved by investing in affordable housing in low income and high minority areas, which will then spark in-migration of high income and a more racially diverse set of residents. These housing market spillovers leading to broader neighborhood change could make a larger dent in lowering racial and income segregation in the housing market than policies which try to achieve these goals by targeting higher income or low minority areas with affordable housing developments. 35 References Aliprantis, D. (2014)."Assessing the Evidence on Neighborhood Effects from Moving to Op- portunity," Federal Reserve Bank of Cleveland working paper 10-33R. Aliprantis, D. and D. 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Journal of Public Economics 89(11): 2137-2164. 37 A Data & Policy Appendix A.1 The Low Income Housing Tax Credit In 1986, Congress passed the Tax Reform Act. As part of this legislation, Congress increased the Home Mortgage Interest Deduction and modified the treatment of imputed rent and local property taxes to further incentivize investment in owner-occupied housing. Concerned that such provisions would decrease the supply of affordable rental housing for low-income individuals, Congress introduced the Low Income Housing Tax Credit (LIHTC) as part of the Act to encourage the development of multifamily housing and thus serve as a balancing measure. Each year, federal tax credits are allocated to the states based on population. In particular, each state receives the inflation-adjusted equivalent of $2.30 per resident, as measured in 2014 dollars. These credits are awarded by state authorities to developers of qualified projects. Developers then sell these credits to investors to raise equity capital for their projects and reduce the amount of debt they would otherwise have to borrow. Investors receive a dollar-for-dollar credit against their federal tax liability for a period of 10 years, provided the property continues to comply with all program guidelines.36 To qualify for a tax credit under the Low Income Tax Credit Program, federal guidelines require that proposed projects be for construction or rehabilitation of a residential rental property and satisfy either one of two low-income occupancy criteria. At least 20 percent of tenants must earn less than 50 percent of the Area Median Gross Income (AGMI), or alternatively, at least 40 percent of tenants must earn less than 60 percent of AGMI.37 The AGMI is based on data from the Internal Revenue Service, the American Housing Survey, and the decennial Census. It is calculated annually by the Department of Housing and Urban Development (HUD) for all metropolitan areas and counties. If the income of a household in one of the low income units grows to exceed the relevant income limit, then the program requires developers to place a low income tenant into the next unit vacated by a market rate tenant.38 Additionally, developers must restrict rents, including utility allowance, in low-income units to 30 percent of the relevant income limit, i.e. either 50 percent of 60 percent of AGMI for a minimum affordability period of 30 years. Note that these criteria are only the minimal requirements as specified by the federal government. In practice, states almost always receive many more project proposals and tax credit allocation requests from developers than they have federal allotments, generally on the order of 2 to 4 times. Each state is therefore required to maintain a "Qualified Application Plan" (QAP) to govern the selection process. These plans usually operate by assigning point scores to various project characteristics and then allocating tax credits based on point totals until funds are exhausted. Such project characteristics include tenant 36Eriksen (2009) studies the market pricing of these tax credits. He finds that that LIHTC developers in California received on average $0.73 per $1 of tax credit in the years 1999-2005. 37Actual income limits depend on household size. The 50 percent of AGMI limit is for a base family size of four members. Income limits are adjusted upward by 4 percentage points for each family member in excess of four. Limits are adjusted downward by 5 percentage points for each family member short of four. These limits are multiplied by 1.2 to get the 60 percent income limits. 38Many LITHC properties are comprised 100 percent of low-income units. Clearly, this requirement becomes superfluous in such a case. 38 demographics, location, further funding sources, and structural properties of the building. Given this latitude the states enjoy in determining selection criteria, many require developers to go beyond the minimum number of affordable units and the minimum level of affordability. The funding process in California, in which more than 50 percent of the LIHTC sites in our sample are located, is illustrative of the high degree of competition which exists between developers. Practically all funded projects have the maximum total point score, such that the funding threshold is based on the so-called tie-breaker score, which reflects ratios of committed public funds to total developer cost, as well as eligible basis to total developer cost. Moreover, state guidelines specify certain allotments of funding for various set-asides, such as rural, non-profit, and small developments, as well as well as certain allotments by geographic region. The tie-breaker score threshold thus varies annually and by region and set-aside, depending on the number of applications received in that segment in a given year. Receiving funding in a given year is by no means guaranteed, reflecting the high degree of competition. According to data provided by the California State Treasurer's Office, only 34.3% of applications were funded in 2007, 38.3% in 2008, 32.2% in 2009, 26.9% in 2010, 57.7% in 2011, and 42.7% in 2012. The value of tax credits received by selected developers is calculated according to the project's "qualified basis", which essentially reflects the cost of constructing or rehabilitating the low-income units. Specifically, the project's "eligible basis" is the value of all depreciable development costs, such as construction, engineering, soil tests, and utility connection fees. It does not include land acquisition costs. The qualified basis is then calculated by multiplying the eligible basis by the "applicable fraction." This is the smaller of two percentages, the fraction of low income units in the development, or the fraction of total square footage allotted to low income units. Once the qualified basis has been determined, the annual tax credit is determined by applying the relevant housing tax credit rate. New construction or substantial rehabilitation projects, which are not otherwise subsidized by the Federal government, receive a 9 percent credit rate, while all other projects receive a 4 percent credit rate. These annual credits are then paid out over a period of 10 years.39 Since its inception in 1986, the Low Income Housing Tax Credit Program has been an integral component in fostering the development of multifamily housing throughout the United States. With an annual tax credit valued at over 8 billion dollars, the program funded 21 percent of all multifamily developments between the years 1987-2008. A.2 Data A.2.1 DataQuick Our first dataset is from DataQuick, which provides detailed public records housing characteristics and transactions data collected from county assessor and register of deeds 39This calculation is a baseline figure. Congress passed legislation in 1989 affording state allocating agencies the option to increase the qualified basis by up to 30 percent in both "qualified census tracts" (QCTs) and "difficult development areas" (DDAs). Census tracts with 50 percent of households earning below 60 percent of AGMI earn qualified status, subject to a population restriction which is generally non- binding. Metropolitan areas with high ratios of fair market rent to AMGI are designated as DDAs. See Baum-Snow and Marion (2009) for more details. 39 } officers. This dataset covers over 109 million properties from 1988-2012 in over 2,300 juris- dictions and provides information such as sales price, transaction type, loan amount, number of beds, number of baths, square-footage, lot size, age, etc. The quality of the DataQuick data is not uniform across the country. Certain states, such as Texas and Utah, do not require the prices of housing transactions to be a matter of public record. Thus, DataQuick does not report house prices for those states. Other states, such as Illinois, provide prices in their records but do not collect information regarding the number of bathrooms. Finally, not all of the counties covered by DataQuick have records dating back to 1988. Coverage of a significant number of counties began in 1996. We restrict our analysis to those counties which have transactions history data dating to at least 1996. From this subset, we then restrict to those counties which have at least an average of 1000 residential arm-length sales per year. This leaves us with a sample of approximately 16 million transactions located within 1.5 miles of a LIHTC site in a total of 129 counties in 15 states, concentrated largely in the major metropolitan areas of New England, Florida, California, Illinois, North Carolina, Tennessee, the Southwest and the Pacific Northwest. Figure 1 provides a map of the counties in our sample. A.2.2 Home Mortgage Disclosure Act Data We merge this dataset with data collected by the United States federal government ac- cording to the provisions of the Home Mortgage Disclosure Act (HMDA). Passed in 1975 due to concerns over redlining in the mortgage market in urban, minority areas, this legislation requires all lending institutions to report public loan data. Implemented as Regulation C by the Federal Reserve Board, it was amended in 1989 in response to the Financial Insti- tutions Reform, Recovery, and Enforcement Act (FIRREA).40 These amendments greatly expanded the mortgage lenders covered under HMDA and required reporting of significant demographic information of both loan applicants and borrowers. The government provides public historical archives of this data covering the period 1991-2012. It includes information on loan census tract, loan amount, loan provider, and borrower demographics such as race, income, and sex. Since there is not a unique loan ID on which we can match the DataQuick data to the HMDA data, we perform a fuzzy merge. In particular, we merge the data ac- cording to census tract, year, loan amount, and bank name. This results in a match rate of approximately 80 percent. To examine whether our merge procedure linking the housing transaction data to the HMDA data introduces selection biases, Table 1 also reports house prices using both the DataQuick database alone as well as the merged DataQuick-HMDA database. The housing prices of those matched to the HMDA data are about 10% higher than the average housing transaction, however this does not vary with distance to a LIHTC site. A.2.3 HUD LIHTC Database Information on LIHTC financed projects is provided by the Department of Housing and Urban Development (HUD). This data covers 39,094 projects and almost 2,458,00 low 40The rule-writing authority of Regulation C was transferred from the Federal Reserve Board to the Consumer Financial Protection Bureau on July 21, 2011. 40 income housing units placed into service between the years 1987 and 2012. Note that the data therefore reflects only those projects approved by the state allocating agencies and not all project proposals submitted to them. The dataset includes detailed geographic information regarding the project location, the type of construction, the year the project was placed in service, the year funds for the project were allocated, and the number of units designated as low-income. Geocoded information is missing for some of the projects and we exclude from the sample any projects for which the year funds allocated variable is missing. We are left with 7098 LIHTC projects located in our sample of 129 counties. See Panel C of Table 1 for summary statistics. Due to DataQuick's coverage of counties, our sample is from more dense, urban areas, relative to the overall distribution of LIHTC sites. B Comparison of Ring Method vs Empirical Deriva- tives We will assess the performance of the standard ring difference-in-differences method with our new empirical derivatives method by a simulation study. We will match characteristics of our problem to make the simulation study as close as possible to the scenario we analyze in our data. First, we will simulate data for L affordable housing developments, each sub- scripted by l.We assume the price of a house j located near LIHTC site 1 has a price at time t as defined by: Pjt = 1 + 0.05 * (0.8 —r)2 * 1 (t > 0) * 1 (r < 0.8) + al *t LAT +,(3l°nLON; eat, eit"N(0,0.036) , Oat—AT(0,0.036) , /3°n"N(0,0.036) , al"N(0,0.025) . The true treatment effect of interest is: 0.05 * (0.8 —r)2 * 1 (t > 0) * 1 (r < 0.8), while each neighborhood 1 as its own time invariant surface of house prices, as represented by the plane: /3latLATT+/3°nLON, and (LAT;,LON,) are the coordinates of house j and f3tat 3l°n measure the effect of the location on house prices, independent of time period. These parameters are drawn from a normal distribution for each neighborhood 1. ai *t represents a neighborhood specific time trend for house prices, where al is drawn from a normal distribution for each neighborhood. ejt is a house specific error that is normally distributed. To make this simulation comparable to the real dataset, we allow there to be L = 1721 LIHTC sites used for the simulation (the number in each of our 4 income quartiles in the real data). We allow there to be 58 housing transactions per square mile per year around each LIHTC site, which is what we have in our real LIHTC data. The standard ring difference in difference method is to compare the change in house prices in an inner ring to the change in house prices in an outer ring. This discretizes the spatial component of the data. Time is also treated as discrete, measured by year. We define our inner ring as the average house price transaction in year T within a 0.25 mile radius 0.25: in E,tpPt * 1 (Yr(t) = T) * 1 (r < 0.25) RaT _ t 1 (Yr(t) = T) * 1 (r < 0.25) • where T indexes years (as opposed to exact dates) and Yr(t) is a function that maps 41 exact dates to the year of the transaction. We define a middle ring in year T at radius 0.25 < r < 0.5 : pi,T d 7 � tpit * 1 (Yr(t) = T) * 1 (0.25 < r < 0.5) = 3t1 (Yr(t) = T) * 1 (0.25 < r < 0.5) and an outer ring at 0.5 < r < 0.75 : °ut — E t p3t * 1 (Y r (t) = T) * 1 (0.5 < r < 0.75) RIT jt1 (Yr (t) = T) * 1 (0.5 < r < 0.75) The inner treatment effect in year T is defined as the difference in inner versus outer rings in year T, relative to the year before treatment (treatment occurs in year 0): Treat_inner= (RiT — RiTt) — (Rim, — Ri,u!1) The middle ring treatment is defined similarly: Treat_middle= (Rmid — Rmid) — (Rin — R°ut ) lT lT 1 1, 1,-1 We calculate inner and middle ring treatment effects and plot their path over time, along with bootstrapped standard errors, where the bootstrap sampling is down at the neighborhood l level (the same as we use for our empirical derivative method). Results are plotted in panels C and D of Figure A4. For both the inner and outer ring, we fail to reject a point estimate of zero treatment effect. The ring estimate's confidence interval does contain the true point estimate as we would hope. The estimates are very noisy because the make no attempt to control for the within-ring variation in house prices due to /latLAT; + In comparison, Panels A and B plot the estimated non-parametric effect at 0.1 miles from the LIHTC set and 0.4 miles from the LIHTC site. Despite these being nonparametric estimates, the standard errors are smaller than in the ring method and we reject a point estimate of zero in both cases. The true value is also contained in the 95% confidence intervals. Despite being a nonparametric estimate, the empirical derivative method perform better because it accounts for the time-invariant spatial variation in house prices: I3l°'tLAT3+ 113i°nLON3. It also makes better use of thin data by smoothing nearby data together with house transactions on unavailable in a given year-ring Our method also produces a fully non-parametric plot of house price effects, as seen in Figure A5, while the ring method only delivers a couple discrete numbers. This is not to say that the empirical derivative methods will always have smaller confi- dence intervals. If the time-invariant spatial variation in house prices (13i°'tLAT; + fl°nLON;) is not very important within the rings used for analysis, we would expect the ring method to produce more powerful estimates than the nonparametrics, since it does not need to recover as much information from the data. Also, as with all nonparametric estimators, there will be some bias in the estimates due to smoothing. We assess this bias-variance trade off in the Monte Carlo simulation in the next appendix. 42 C Monte Carlo Simulations We perform some Monte Carlo simulations to assess the bias and variance in our estimator, as well as the coverage ratio of our standard errors. We will do this under a variety of value of the tuning parameters to valid their impacts on the estimates. We will use the same model as in the previous appendix to simulate our data to feed into our estimator: pit = 1 + 0.05 * (0.8 — r)2 * 1 (t > 0) * 1 (r < 0.8) +at *t+ QtLAT, ,3l°nLON3 e,t, eat"N(0,0.036) , �13i°t"N(0,0.036) , �°n'N(0,0.036) , al-N(0,0.025) . We will also keep the size of the dataset the same as used in the previous simulation. We allow there to be L = 1721 LIHTC sites used for each simulation (the number in each of our 4 income quartiles in the real data). We allow there to be 58 housing transactions per square mile per year around each LIHTC site, which is what we have in our real LIHTC data. We will perform 100 monte carlo simulation for each set of tuning parameters. There are 2 tuning parameters in our empirical derivative estimator: K and U. K deter- mines the number of pairs of house prices to use in empirical derivative calculation, as shown in equation (2) . In our main estimates we set ic = 5, meaning we use 5 pairs of house prices (where one house within each pair is located closer to the LIHTC site and one is located further away from the point of derivative evaluation). Using a large number of house price pairs should lead to less variance in our estimator, since it uses more data, however it can also increase the bias of our estimate, since it will incorporate house prices that are further away from the site of derivative evaluation. We will try values of i = 5 and K = 3 in our monte carlo simulation. Panel A of Figure A6 plots the bias in our derivative estimator. We see slightly more bias in our estimator for the higher values of k, as expected. This is also seen in Panel B of Figure A6, which shows the bias in the levels estimate (where we just integrate the derivative estimate). Panels C and D of Figure A6 plot the variance of our estimator across the monte carlo simulations. As expected, the higher values of K lower the variance in our estimator, highlighting the bias-variance trade off. The second tuning parameter determines the width of the "bow-tie" t9 used to select houses eligible for the empirical derivative estimation. In our main estimates, we use a value of 79 = 0.5, lower values of t9 allow houses located far away in the time and 0 dimension from the point of derivative evaluation to be included in the calculation. Higher values force the estimator to only use house prices with very similar values of 0 and t for derivative estimation. For our monte carlo simulation, we evaluate t9 = 0.5 and i9 = 0.2. Lower values of t9 should increase variance in our estimator, as it does a less accurate job of controlling for 0 and t. However this should also decrease the bias in our estimator, since it allows more of the data used for derivative estimator to be very close to the point of evaluation in the r direction, regardless of 0 and t. Looking at Panel A of Figure A6, this is exactly what we see. There is less bias in the derivative estimator at lower values of V. Panel B of Figure A6 reports the bias in the levels estimate. Again, lower values of t9 lead to less bias. Panels C and D of Figure A6 plot the variance in our estimator across the monte carlo simulations. As predicted, lower levels of 79 increase the variance of our estimator. As expected, there is the standard bias-variance trade off. 43 Regardless of the tuning parameters, Panel A shows that the bias in the derivative esti- mate is at its worst at a distance of 0.8. This is not surprising, since the true derivative at this point is kinked. The nonparametric estimator smooths over this kink, leading to bias. To assess whether our bootstrapping procedure produces accurate confidence intervals, Figure A7 plots the coverage rates of our 95% confidence intervals. Note that we adjust our point estimate by the estimated bias from the previous figure to allows us to look at the coverage ratios of our confidence intervals, independent of the bias in our estimator due to the choice of tuning parameters. We find all of our coverage ratios are centered around 95%, which makes us very comfortable with our standard error calculations. D Econometric Proofs We begin by developing general econometric methods for estimating empirical derivatives. We will then apply these results to prove Theorem 1 in the main text. We develop our general econometric results by first focusing on the univariate case. This will ease exposition and provide intuition. Results for the multivariate case follow closely the logic of the univariate case. D.1 Univariate Case Suppose we draw an iid sample of size n from the following nonparametric model Yi = m(xi) +ei where E(Eil xi) = 0 and Var(eiIxi) = U2. We assume that m(x) is twice continuously differentiable. The variable xi is distributed according to the continuous density function: f(x) : [x min,xmaxl —> (0,oo) We propose the following Nadaraya-Watson kernel estimator for the first derivative in' (xi) : n-1 I i 1 Khn (x - xi)Y (31) m (x) _ n-1 Le7=1 Khn (x — xi) kn,i , , 1 k > o 1 j=1 xi,+7 — xi,-1 w• = 7 knz (kn2 + 1) /2' Y+� 3k-'1 xi_;,Y,_� ik-'i defined recursively by: with the observations {(xi,+�, )} {( , )} xi,+1 = arg min x, xi,-1 = arg max x x>x;+ln x<x;-ln xi,+.; = arg min x, xi,_3 = arg max x x>xi,+3_1 x<xj,-,-1 44 1 for j = 2,...,kn,i where In > 0. Note that Y,+i = m(xi ) +ei,+j. The random variable k,,,,i is defined as: = min(ILn,iI , IUniI ,Kn) Li = {xp : xp < xi - ln} Ui = {xp : xp > xi +In} for some lcn > 0. We define Kh,, (x - xi) as 1 Kh (x — xi) _ -hn K (x hnxi) where K(•) is a kernel function. We have the following result: Theorem 2 Assume the random design model above and suppose: 1. K(u) is bounded, compactly supported, and symmetric 2. n -3oo,hn --* 0,ln -* 0,in -moo 3. nhn -* oo,knn-1 -, 0,l�/in -* o0 Then m' (x) -4p m' (x) for all x E (xmin,xmax). We prove the theorem through a sequence of lemmas. In what follows, we denote the indicator variable Zn,i = 1 [kn,i > 01 . We also denote Pi (•) = P(•Ixi) and Ei [•] = E[•Ixi] . Lemma 3 The estimate n-�E Kh„ (x - xi) i=1 converges in probability to f(x) for all x E (xmin,xmax). Proof. This is a standard result. See Hardle (1990). • Lemma 4 Asn -* oo, P(kni < oo) -* 0. Proof. Trivial. • Lemma 5 Conditional on xi = u for any u E (xmin,xmax), as n -* oo the difference (xi,+k,„ - xi-k )Zn i converges in probability to zero. Proof. Fix b > 0. Since In -4 0, there exists Ni such that for all n > N1, In < 8/4. Conditional on xi = u, we have: Pi ((xi,+k„,, - xi,-k, )Zn,i > 8) < FB (2Kn;n - 1 pb) 45 where FB (•;n - 1,pb) denotes the binomial distribution and u-5/4 fu+b/2 pb = 1-6/2 f(s)ds + J f(s)ds > O. u+S/4 Since is n-1 -f 0 as n - oo, there exists N2 such that lcnn-1 < p8/4 for all n > N2. Let N = max{N1,N2, -21n(b) /pa} . Then by Hoeffding's inequality, for all n > N ( < exp (_2 - 2k )2Pi (\x ,+k ; - x ,-k , )Zn,i > b) n - 1 < exp 2 JC-(n - 1)pa1 < a, which proves the claim. • Lemma 6 As n -4 oo, the bias: n - ( x -> O. E 1�Khn (x - xi)Y m' x) f( ) n i=1 Proof. The idea of the proof is to apply a first-order Taylor expansion to the empirical derivatives. We then must show that the remainder term in the expansion converges to zero as the sample size grows. We can write the bias of the estimator as: n E 1 Khn (x — xi)Y - m' (x) f(x) n i=1 [ EKh _ E n (x — xi) Zn,i — a (x) f(x) n i=1 7=1 xi,+i - xi,-7 i i 46 i I Denote expectation conditional on the observed sample covariates as Ex (.] . By applying Taylor's theorem, we have kn,i v. E E ,+j — Y,—iZn,i x j=1 xi,+j — xi,—j kn,i = m (xi)•)E wj•xi,+j — xi,—j Z n,i j=1 xi,+j — xi,„ kn,i — )2 rr ( 2" (/ i ) ( + mSi, +jx2,+j — xi — m (Si,i—j) xi — xi,—j)wj ,i kn,i rr r = m(xi)Zn wj ,i + 2 .mii (Sa,i+j) (x2,+j — xi)2 — m" (Si,2—j) (xi —xi,—j)ZZ i n j=1 x2,+j - xi,-j where Si i+j E (xi,xi,+j) and Si,i_j E (xi,_j,xi) . By the law of iterated expectations and the triangle inequality, the bias is thus bounded above by n E n-1 N--.'[ Khn (x — xi)m'(xi)Zn,i — m (x)f(x) i=1 + E 1n kn,i ( /� K (x — x• m" (Si,z+j) (xz,+j — xi)2 - m" (Si,i-j) (xi - xi,-j)2 n ha Z) wj Z n, �=1 j=1 xi,+j - xi,-j We know that that P(kn,i > 0) -i 1. The first term thus goes to zero as n -* oo according to the usual proof for consistency of Nadaraya-Watson estimators. See, for example, Hardle (1990). To show that the second term converges to zero, note first that it is bounded above by: 41 f kn,i sup Im'(x)I I Khn (x — xi)I E'i E w (xi,+j — Xi) + (xi — xi,—j)2 f( ) x j=1 j xi,+j - xi,-j Zn i (xi)dxi f kn,i C sup Im, (x)I J I Khn (x — xi)I Ei E wj(xZ'+j — Xi) + (xi — xi,—j)ZLn i f(xi)dxi x j=1 xi,+j - xi,-j kn,i - sup Im/ (x)I f I Khn (x — xi)I Ei E wj (xi,+j — xi,—j)Zn,i f(xi)dxi x j=1 - sup Im, (x)I f I Khn (x — xi)I Ei [(xi,+kn,i - xi,-kn,i)In,i, f(xi)dxi x 'Recall that Ei[•] =E[•Ixi =u]. 47 By Hardle (1990), it thus suffices to show that Ei [(xi,+kn,i — xi,-k„,i)Zn,i] converges to zero. But we know by Lemma 5, Pi ((xi,+k„ i — xi,-k,,,i)Zn,i > 0) converges to zero. Since (xi+k„, — xi,-kn i)Zn,i is almost surely bounded, convergence in probability implies Ei [(xi,+k,,,i — xi,-kn,i)Z. converges to zero as well. This completes the proof. • Lemma 7 As n —* oo, the variance: n Var n-1 E KX Y —> 0. i=1 Proof. The variance can be decomposed as: 1 1 Var [Kh. (x — x )Y] + 2 E Cov (Kh (x — x )Y,Kiln (x — x )Yj (32) n i#j By the law of total variance: 1 Var (x — x )Y] = [E [ ari (Kh (x — x )Y)] + Var (Ei [Kh (x — x )Y])] [Kh n _ -1E [Kh„ (x — xi) Vari (ii)] + -Var (Khn (x — xi)m (xi)) The second term approaches zero as n —p oo by Hardle (1990). Also by Hardle (1990), for the first term it suffices to show that: Vari (Yi) 0. The idea of the proof is to again expand the empirical derivatives using Taylor's theorem. We then use the law of total variance to condition on the observables. We then prove that the variance converges to zero. Applying a Taylor expansion, the variance becomes: 2U In Vari rkn a• mri((i,i+j)(xi,+j-xi)2_mir((i,i-j)(xi-xi,-j) 2+/�j=1 w3 xi,+j-xi-j Zn,i Using the law of total variance, this can be decomposed as: Ex [Ek:i wj xi,+j-xi,-j n 2 (33) Vari m (Si,i+j)(xi,+j-xi)2-mil(ci,i-j)(x,_xi,_j)2J +£'x [wj xi,+j-xi,-j Zn 2 kn,i Ei,+j — Ez,-j +Ei Vary E wj Zn,i j=1 xi,+j — xi,-j - 48 We first note that kn,i Ex Ewj Ei,+j —Ei,—j in,, = 0, , j=1 xi,+j _ xi,-3 since E(ei+j I xi,+j) = E(ei-j I xi,-j) = 0. Thus the first term in (33) becomes: kn,im" (C + ) (xi+j — xi)2 — m/' (C _) (xi — xi— )2 Vara Ex /�wj i,ij , i,i , jZn,i 3=1 xi,+j — xi,-3 [k„,i rr rr E w m// (Si,i+j) (xi,+j - xi)2 — m// (Si,i—j) (xi — xi,—j)2 j nz j=1 xi,+j — xi,—j n,i /� lrr l _E. E E w in" ((i,i+j) (xz,+j - xi)2 - m" (Si,i-j) (xi - xi,-j)2 z j Zn,i j=1 xi,+j - xi,-3 The final term converges to zero by the preceding lemma. The first term is: - n,i l E k m// ((i,i+j) (xi,+j - xi ( j )2 - m// (Srr i,i-j/ (xi -xi-j)2 2 �w Zn,i j=1 xi,+j — xi-j - k"'z // 2 C E 2- m// (S//-i,i+j) (xz,+j - xi)2 - m (S//�i,i-j) ((xi - xi,-j) wj n,i j=1 x2,+j — xi,-3 - r 1 2 kn 2 - ( 2 < sup m"(x)] E. (xi,+j - xi) + (Xi - xi,-j) Z �wj Z n,i x xi,+j xi,— j=1 j 2 - < [supm" (x)] Ei [(xi+k„i — xi—kn,i)2 In,i] , x 49 which approaches zero as n ' oo by Lemma 5 and almost sure boundedness. Thus, the first term in (33) converges to zero. Turning to the second term in (33): kn,i �i,+j —�i,-j Ei Vary E wj Zn,i j=1 xi,+i — xi,—j kn w� Ei 2U2 2Zn,i j_1 (xi,+j - •x2,-3•) 2 kni 2 2Q j Zn,z< 41n ;2 j-1 kni (kn,i + l)2/4 cr2 2kn i + 1 - 31nE2 [kri,i (kn,i + 1)�n's 2 3 E2 [1n2kn'iZn2]a2 < 3 [1 � + 1 P(kn,2 < fin)] n n n The first term in brackets approaches zero by assumption. For sufficiently large n, by apply- ing knit' --- 0 and Hoeffding's inequality as in the previous lemma, we have for sufficiently large n > N : < n 2 exp ( (m _ 1) ) n n where: u-iN rxmax PN = J f(s)ds + J f(s)ds. Xmin t+lN Since 1nin -> oo, knn-1 0, and n exp(-n) -* 0, it follows that: l-1P(kn,i < inn) -p 0 n as desired. 50 Turning to the covariance in equation (32), we apply the law of total covariance:42 n2 E Cov (Kh (x _ x ) ,Kh„ (x — xj) Y n — 1 E [Khn (x — xi)Kh„ (x — xj) Covij (Y,Y)] n — 1+ Cov (Kh,v (x — xi)Eij [Y] ,Khn (x — xj) Eij [ ]) n — 1 —� E [Khn (x — xi)Kh„ (x — xj)Covij (ki,i7j)] n — 1+ Cov (Khn (x — xi)m' (xi) ,Kh, (x — xi)m'(xi)) n — 1 E [Kh (x — Xi)Kh„ (x — Xj)Covi (YY)] . By Hardle (1990), we thus need to show Covij (Y,Y) converges to zero as n -* oo. This will be the case as long as the probability that there is overlapping data used to form the empirical derivatives Y and Y goes to zero as n --> oo. This can easily be shown by Hoeffding's inequality, using the exact same approach as in Lemma 5. • The previous two lemmas show that the numerator of equation (31) converges in mean- square error to zero, which implies convergence in probability. The theorem thus follows by Slutsky's theorem. D.2 Multivariate Case We now extend our estimation procedure to the multidimensional case. Suppose we draw an iid sample of size n from the following nonparametric model = m(Xi) +Ei where E(s Xi) = 0 and Var(e I Xi) = a2. We assume that Xi = (xi,i,...XD,i) E RD and m is twice continuously differentiable in all of its arguments. The variables Xi are distributed according to the continuous joint density function: f(X) : 11[xd,min,Xd,max] -4 (0,00) . d=1 42We denote Eij [•] =E[.xi,xj] and Covij (•) =Cov(•Ixi,xj). 51 I We propose the following Nadaraya-Watson kernel estimator for the first derivative am/axd : am — 7-1-1-Er 1 Kiln (X — Xi)Y (34) Vxd n-1 Ei=1 Kiln (X — Xi) kn,i Yi = E W Ya(j,i,d) — Yb(j,i,d) 1 [kn,i > 01 Xd,a(j,i,d) — Xd,b(j,i,d) j=1 _ 3 Wi kn,i (kn,i + 1)/2, with the observations {(Xa(j,i,d),Ya(j,i,d))}j-1 {(Xb(j,i,d),Yb(j,i,d))}i"1 defined recursively by: a(1,i,d) = arg min xd,p, b(1,i,d) = arg max 1}Xd,p {pELd,i:xd,p>xd i+ln} {pELd i:xd,p<xd i-inl a(j,i,d) = arg min xd,p, b(j,i,d) = arg max xd,p {pELd,i:xd,p>xd,a(j-1,i,d)} {pELd,i:xd,p<xd,b(j-1,i,d)} for j = 2,...,kn,i where In > 0 and: a 1 n (xqp — xq,z) < �n for all q d (xd,,p — xd,i) for some 19n > 0. The random variable kn,i is defined as: kn,i = min(I Ln,il , IUn,iI ,kn) Li = {p E Ld,i : xd,p < Xd,i — ln} Ui = {p E Ld,i : Xd,p > Xd,i +ln} for some in > 0. Letting HT, = (h1,n, ...,hD,n) , note that: 1 K xD — XDi)11Kiln (X — X ) = h1 . . . hDn (xixii, ..., hD n , where K(.) is a kernel function. We have the following result: Theorem 8 Assume the random design model above and suppose: 1. K(u) is bounded, compactly supported, and spherically symmetric. 2. n —÷ oo,hn —p0,ln —p0,icn --+ 00,Vn —> 0 3. nhn —> 00,Kr, (n19°-1)-1 -4 0,lnin —> 00 Then: am X —* am X axd ( ) axd ( ) 52 D for all X E 11(xd,min,xd,max) • d=1 We again prove the result in a sequence of lemmas. Lemma 9 The estimate n n-1 E Kiln (X — Xi) i=1 D converges in probability to f(X) for all X E H (xd,min,xd,max) - a-1 Proof. This is a standard result. See Hardle (1990). • Lemma 10 As n - oo , P(kn i < oo) -* 0. Proof. Unlike the univariate case, we have to do some work to prove this. The issue is that the "bowtie" may collapse to a line too quickly. Since to -4 oo, without loss of generality it suffices to show that P(I Un,i I < oo) —4 0. We first note that since f is a continuous function from a compact set to (0,oo) it must achieve a minimum, which we denote as 0 > 0. Choose any M > 0. It is then straightforward to check via multiple integration that for n > M+ 1: P(RUn,i1 < M) < FB (M;n - l,po) where: 019�D-1)/2 x D Po = n ( d,max—xdi) D! By Hoeffding's inequality: P(JUn,iI < M) < exp -2((n - 1)po - M)z ) n - 1 = exp (_2 {(n - 1)po - 2pAM+ 1 1 I2 n - 1 ]) Since/fin (nz9D-1)—1 -- 0, it must be that n19D-1 -> oo. It therefore follows that (n - 1)po -> oo. Two two final terms in the bracket approach zero. Therefore, P(l Un,i I < M) converges to zero. • Lemma 11 As n -4 oo, the bias: n E n-1 E KH, (X — Xi) Y — am (X) f(X) .- O. i=i axd 53 3 Proof. Write the bias as: 1 E -1EKH (X—Xi)Yil — �d (X)f(X) n i=1 n k„ Ya(j,i,d)id) Yb(j,i,d) 8m = E E Kiln (X—U)E w Zn,i — (X)f(X) i=i j=1 Xd,a(j,i,d) —Xd,b(j,i,d) axd where U =(u1i ...,up) and dU =du1 • • • dun. Conditioning on the sample and applying Taylor's theorem as in the univariate case, we have: rj=1n E Ew Ya(j,i,d) — Yb(j,i,d) Zn,ix Xd,a(j,i,d) — Xd,b(j,i,d) k„ D am Xq,a(j,i,d) — Xq,b(j,i,d)Z j=1 q=1 axq Xd,a(j,i,d) — Xd,b(j,i,d) kn ( a a Ra (Xa(j,i,d)) (Xa(j,i,d) — Xi) — Ra (Xb(j,i,d)) (Xa(j,i,d) — X2) wj Z ,i Xd,a(j,i,d) — Xd,b(j,i,d) j=1 lal=2 where we have used the multi-index notation with a E ND and where Ra(.) denotes the remainder of the Taylor expansion. By the triangle inequality, the bias is therefore bounded above by (X) k,a + f KH„ (X—U)E y- am am (U) Tnzn,i.f(U)dU j=1q#d q k„ Ra (Xa(j,i,d)) (Xa(j,i,d) —Xi Na —Ra (Xb(j,i,d)) (Xb(j,2,d) —X2)a Z U dU + fKH (X_U)Ei wj n,if( ) j=1 lal=2 Xd,a(j,i,d) —Xd,b(j,i,d) The first term converges to zero by the usual consistency proof for multivariate Nadaraya- Watson estimates and since P(kn,i > 0) —> 1 . We can bound the remainder according to the Taylor uniform bound. The second term converges to zero since Vn —* 0 as n — oo. The final term is therefore bounded above by: k„ \ w (Xa(j,i,d) —X2)a+ (Xa(j,i,d) —X2) Zn,i f(U)dU sup sup I Dam(X)I f l KH„ (X—U)I Ei j• l«1=2 X j=1l«1=2 Xd,a(j,i,d) —Xd,b(j,i,d) f L Ej-1wj (1+ (D- 1) i9n +D(D- 1)'On) U dU < sup sup ID m(X) IKH„ (X—U)I Ei L f(U) , la1-2 X (Xd,a(j,i,d) —Xd,b(j,i,d))Zn,i which converges to zero by Hoeffding's inequality as in the univariate case and since 19n —p 0 asn --goo. ■ 54 Lemma 12 As n -* oo, the variance: Var n-1EKH (X — Xi)Y O. i=1 Proof. The proof follows exactly as in the univariate case, applying the multidimensional Taylor formula in place of the unidimensional Taylor formula. • The numerator of equation (34) converges in mean-square error to zero, which implies convergence in probability. The theorem follows by Slutsky's theorem. D.3 Proof of Theorem 1 Given the previous results, the proof is straightforward. The only complication is that 2-dimensional (only in r and t) smoothing is used in the Nadaraya-Watson estimator, rather than 3-dimensional smoothing. It is straightforward, however, from the work above to see that:43 l (r,Ti + T) P am� R,T) f27r a0i��,B)f(BI7'i + T,r)dB (r,T — 17) P p27r a°i(7,8)f(oI Ti — 1,r)dB By the assumption in footnote 18, f(0I TI + T,r) = f(0I Ti — 1,r) , so: (r,Ti + T) — ci (r,Tl — 1) --1) a97ty (R�T) OR ' as desired. E Renter Surplus In this appendix, we show that generically renters will earn economic surplus in the hedonic equilibrium. The basic intuition is that given a fixed distribution of rental locations in space, when renters are heterogeneous, market clearing will generally require that certain renters are inframarginal at the location where they live. To fix ideas, we begin with a simple discrete case. We then show that the basic result holds in the continuous hedonic model as well. E.1 Discrete Case To start, suppose there are two locations, which we designate as location A and location B. Suppose that there are 3 rental units at location A and 7 rental units at location B. There are two types of renters, which we designate as type x and type y. The number of each type 'Recall that we assume am SR'-1> =0. 55 as well as their respective valuations of living at each location are provided in the following table: # of Renters Value of A Value of B x 5 6 2 5 3 0 Each agent also has an outside option, which we call location Z, that yields a total utility value of zero. First, note that market clearing requires both types of agents to live at location B. Thus, due to the presence of the outside option, it must be that p(B) = 0. It is then straightforward to see that p(A) = 4. If p(A) < 4, then no type x renters would choose location B and market clearing would be violated. Similarly, if p(A) > 4, then no renter would choose to live at location A and market clearing would be violated. So equilibrium prices are (A) 4 and (B) 0. In equilibrium, all five type agents live at location B. p = p = q � YP y g Two of the type x agents live at location B and three type x agents live at location A. Note that the type x agents earn economic rents at both locations. Since both types of agents must live at location B due to market clearing, the type x agents will be inframarginal at location B and therefore earn economic surplus. But then to induce type x agents to live at location A, equal economic surplus must be offered to the type x agents at location A as well. E.2 Continuous Case We next show that renters continue to earn economic surplus in the continuous case. We consider the canonical linear-quadratic hedonic model as described in Tinbergen (1956), Epple (1987), Ekeland et al. (2004), and others. Suppose that the supply of rental units is normally distributed over the real line with mean µQ and variance 42. Given a hedonic price function p(R), a renter i chooses her optimal location according to the problem: 1 + 2AR2 —p(R) , which yields the first-order condition: ryi +AR —p' (R) = 0. We assume that renters are heterogeneous with -y2 normally distributed with mean µ y and variance o ,. We conjecture that the hedonic price function has a quadratic form: p(R) = +Tr1R+ —172R2. A renter i thus optimally chooses the location: R* = ryi — �1 2 �2 _ A 56 The density of demand therefore follows a normal distribution. Market clearing requires that the density of demand equal the density of supply. Since both demand and supply are normally distributed, it suffices that the means and variances equal each other. We therefore have a system of two equations in two unknowns: µ,y — 71 7rz — A µQ z �'y _ 2 2 - JQ (72 - A) which yields: 71 = µ,y — µQ (7r2 — A) Q �z = - +A. 6Q Finally, we assume that agents have an outside option offering a reservation utility of zero. As is well known, this pins down the initial condition at R = 0 in the underlying differential equation and sets 7ro = 0. If 7ro > 0, renters living at R = 0 would earn negative utility and thus choose the outside option instead. As a representative example, consider the model above with the following parameters: A 1 µy 3 Qry 3 µQ 0 QQ 5 In Figure A8, we plot the equilibrium utility: 'yiR: + 12 ARz 2 —p(R:) for renters with varying yz. As is clear from the figure, all agents with the exception those with yz = 3, who optimally chooses R = 0, earn economic surplus in equilibrium. 57 Table 1: Summary Statistics Panel A: 1990 Census Block Group Data Block Groups with Whole US Counties in Sample LIHTC Development Sites 1990 Black Share 0.1212 0.1164 0.2394 [0.2399] [0.2334] [0.3122] 1990 Hispanic Share 0.0827 0.1526 0.2394 [0.1668] [0.2091] [0.2511] 1990 Median Income 56482 66652 44890 [28730] [32620] [23278] 1990 Renter Share 0.3357 0.4029 0.6336 [0.2397] [0.2778] [0.2658] Panel B: LIHTC Developments All LIHTC Non-Rural LIHTC Estimation Sample Year Funds Allocated 1997.6 1997.7 2000.8 [6.70] [6.76] [5.55] # Low Income Units 60.3 68.5 82.2 [71.5] [79.1] [86.3] % Units Low Income 0.97 0.96 0.96 [0.13] [0.14] [0.13] New Construction 0.63 0.59 0.58 [0.48] [0.49] [0.49] Rehab Existing Building 0.37 0.41 0.42 [0.48] [0.49] [0.49] In Central City 0.46 0.61 0.64 [0.50] [0.49] [0.48] In Metro,Non-Central City 0.30 0.39 0.36 [0.46] [0.49] [0.48] In Rural Area 0.24 0 0 [0.43] [0] [0] Observations 32799 24843 6882 Panel C: DataQuick & HMDA Data Transactions<1 Transactions<.5 Transactions<.2 Transactions<.1 mi of LIHTC Site mi of LIHTC Site mi of LIHTC Site mi of LIHTC Site Housing Transaction Price 309186 273864 258183 259868 [335132] [390521] [404485] [471315] Housing Transaction Price 326821 291613 274882 273789 -HMDA Matched [317237] [364186] [376996] [411524] % of Home Buyers Black 0.0581 0.0704 0.0761 0.0753 [0.4621] [0.4737] [0.4800] [0.4802] Income of Home Buyer 98745 93273 91566 92137 [51151] [51099] [52624] [54364] Housing Transactions 12,007,578 3,431,529 807,669 242,004 Panel D: Crime Rates within 1 mi of LIHTC Sites Low Minority High Minority Low Minority High Minority Income Q1/2 Income Q1/2 Income Q3/4 Income Q3/4 Annual Violent Crimes 617.1 586.9 383.3 453.0 per Square Mile [2720.7] [1557.8] [2044.2] [1154.0] Annual Property Crimes 2523.2 1083.1 1495.1 982.3 per Square Mile [9701.8] [2787.6] [7155.5] [2670.2] Observations 678030 2452968 989424 559950 Note: All prices inflated to 2012 dollars. 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O U a, 0 0 0 0 y ..r. x O O O O ai y Q.•". x ai (� a'i O O �, 'b a H a,' �' �' a, o O ry' 7' a Ea n n V V H N 0 „ x n n V V � F 0 , Z a) 6) 6) � •� a C4 4 O 3 0 4 re 3 0 Table 4: Mean Utility Benefit per Household from LIHTC Construction Panel A: Low Minority Areas Income Q1 Income Q2 Income Q3 Income Q4 Average Benefit per Home Owner 23403* 208 -3636*** -3972** [13426] [1618] [912] [1921] Average Benefit per Renter 6502 67 234 67 [4061] [907] [377] [115] Average Benefit per Landlord 6011** 46 -2843*** -2416** [3030] [1730] [951] [1027] Panel B: High Minority Areas Income Q1 Income Q2 Income Q3 Income Q4 Average Benefit per Home Owner 16857*** 2414 996 3255 [5440] [1847] [3138] [5419] Average Benefit per Renter 6475** 190 342 971 [2634] [666] [1010] [1773] Average Benefit per Landlord 6099** 1288 375 1090 [2496] [1597] [1684] [2201] Note: Mean welfare benefit from LIHTC construction to households who choose to live nearby. Utility is measured in 2012 dollars. To decompose effect between renters and landlords we assume the present discounted value of future rents is equal to house prices. 61 Table 5: Total Utility Benefit to Households from LIHTC Construction Panel A: Low Minority Areas Income Q1 Income Q2 Income Q3 Income Q4 Aggregate Benefit to Home Owners 57,945* 61.46 -3,789*** -9,008** [33243] [479] [950] [4358] Aggregate Benefit to Renters 29,208 23.87 258 78.48 [19626] [563] [442] [152] Aggregate Benefit to Landlords 29,048** 28.42 -3,331*** -3,208** [14644] [1074] [1114] [1364] Aggregate Benefit to Society 116201** 113.7 -6,861*** -12,138** [53163] [1136] [1780] [5494] Panel B: High Minority Areas • Income QI Income Q2 Income Q3 4ncome Q4 Aggregate Benefit to Home Owners 63,460*** 1,446 3,615 14,508 [20480] [1113] [11394] [24148] Aggregate Benefit to Renters 73,417** 314.7 1,903 4,861 [32059] [1382] [6087] [9613] Aggregate Benefit to Landlords 74,236** 2,672 2,262 5,907 [30379] [3314] [10148] [11933] Aggregate Benefit to Society 211,113*** 4,433 7,780 25,277 [62794] [3829] [23577] [40943] Note: Total welfare benefit from LIHTC construction to households. Utility is measured in thousands of 2012 dollars. To decompose effect between renters and landlords we assume the present discounted value of future rents is equal to house prices. 62 Figure 1: Counties Used in Analysis 4.4 7.11..41‘,441'j. litrikelk-...graisalltifiklari # it 'afr a� a• ..� r OM' f } 1 4 i.i���.�Y".1►�t•I�R,�.'~I■1►.�rr: 'r r.w ti ttlit IPAINVr ii !I Mr t1.44" l „ iM ' + a. tT rrYs a io r. o :lbi. s:A.►i •iati.t(il1.*�/. Aii, � i ' �/' i,��ffrA.■■a. .-r:■/!.rii��i►. ►•ty�rry,D. 0i''y/,#7•eS. .? .�' #�� .�ILwa�F�d.°°/ .��.p.a7�•,rti<<y`�J .�i1712'..'1.' ��. WM ' « . w e n�1P aali�A } M:li :i �4 .r er■Yhb■ u u. - 1 A. U4.-i ew#,\ta .vY: t tuE i'!fri11FIL II",itaialiY ionb, `l.etir yusirdiga VV t• ` 7 lLhl .niatt a •Atk4■/b ! • 1.1�3 r ?i%arPOVIS.;;'; i IkOplargurNifteltirdotakpj..0 4 ''O..-illiA, MR�r� 4/44 Note: Counties were selected based on whether the history of housing transaction data began in 1996 or earlier and had at least an average of 1000 arm-length transactions per year. This gives 129 counites in 15 states and covers 31% of the US population. 63 Figure 2: Example of Bowtie Threshold Used in Empirical Derivatives spa �q 00 Note: LIHTC site is located in the middle of the ring. The site marked X is where the empirical derivative with respect to LIHTC distance is being measured. Houses inside the shaded region are candidates for the empirical derivative calculation. 64 V Figure 3: Average Price Impact of LIHTC 0.02, 0.01 , Ii0.02, . 1.2 1 10 0.8 0.6 5 0.4 0.2 0 Miles to LIHTC Site 0 -5 Years Since Funding Note: Kernel smoothed estimates of log house prices using Nadaraya-Watson estimator with Epanech- nikov kernel. Estimates integrate over the estimated derivatives to measure log price levels at a given distance from LIHTC site, relative to 1.4 miles away. 65 Figure 4: Price Impact of LIHTC by Neighborhood Median Income (a) Q1 Income Neighorhoods (b) Q2 Income Neighorhoods 0.06 0.03 0.05 0.04 0.02 a `�- 0.01 a 0.03 a` c c 0.02 .0 0 / 0 0 ;' -0.02 -0.01 -0.03 1.2 1 1.2 0,8 1 1 0.8 10 0.6 • 5 0.6 5 0.4 0.4 0 0.2 0 Miles to LIHTC Site 0 2 0 -5 Years Since Funding Miles to LIHTC Site 0 s Years Since Funding (c) Q3 Income Neighorhoods (d) Q4 Income Neighorhoods 0.02, 0.02. 0.01, 0.01 •• o, a` a cm -0.01, w-0.01 O1 o . \ _-0.02 -0.02. -- oW o J 0.0 , .0.03. \ -0.o4. \\\ o.oa. 1.2 1.2 1 1 0.8 1 0.8 0 0.6 0.6 5 5 0.4 0.4 0.2 0 0.2 0 Miles to LIHTC Site Miles to LIHTC Site 0 -5 Years Since Funding 0 -5 Years Since Funding Note: Kernel smoothed estimates of log house prices using Nadaraya-Watson estimator with Epanech- nikov kernel. Estimates integrate over the estimated derivatives to measure log price levels at a given distance from LIHTC site, relative to 1.4 miles away. Household median income quartile cut- offs are $26017, $38177, and $54642 in 2012 dollars, as reported in the 1990 Census block group of the LIHTC site. 66 I Figure 5: Price Impact of LIHTC by Median Income within High Minority Neighborhoods (a) Q1 & Q2 Income, High Minority Neighorhoods 0.05, 0.04 o 0.03 U a, 0.02` _ -0.02 1.2 411 10 0.8 0.6 5 0.4 0 0.2 Miles to LIHTC Site 0 _5 Years Since Funding (b) Q3 & Q4 Income, High Minority Neighorhoods 0.03 0.02 I _ -0.02 -0.03. 1.2 1 10 0.8 0.6 5 0.4 0 0.2 Miles to LIHTC Site 0 _5 Years Since Funding Note: Kernel smoothed estimates of log house prices using Nadaraya-Watson estimator with Epanech- nikov kernel. Household median income quartile cutoffs are $26017, $38177, and $54642 in 2012 dollars, as reported in the 1990 Census block group of the LIHTC site. 67 Figure 6: Ring Method Estimated Treatment Effects by Neighborhood Income (a) Q1 Income Neighorhoods (b) Q2 Income Neighborhoods i2N dN- U co Sry_ F J =N. /^�/ E E -- / E \ // N 7 / — gl ail / //\ ail N \ N O- ./.. \ // 10_ // 0'0 /\\ / _ --/ o // \ / po / U c' 6:J I J 7- -5 0 5 10 15 -5 0 5 10 15 Years Since LIHTC Funds Allocated Years Since LIHTC Funds Allocated (c) Q3 Income Neighborhoods (d) Q4 Income Neighborhoods f2N aN U 0 H=N_ H J ou, E O N N N N 7— 0 NO' -� 0 ._ ---- / ..---/ �/ 'pin ^�'/ _—_— — ---_. ^ I s,7 O _ 6' / �� a \. - I J 7- I 25 0 5 10 15 25 0 5 10 15 Years Since LIHTC Funds Allocated Years Since LIHTC Funds Allocated Note: Willingness to pay is measured in 2012 dollars. Household median income quartile cutoffs are $26017, $38177, and $54642 in 2012 dollars, as reported in the 1990 Census block group of the LI- HTC site. Reported preferences are for households who choose to live close to LIHTC development. 95% confidence intervals shown. 68 1 Figure 7: Impact of LIHTC on Derivative of Log House Prices wrt miles from LIHTC vs miles to LIHTC: Impacts 0 to 5 years post LIHTC Funding Q1 Income Level; Q2 Income Level Q3 Income Level Q4 Income Level 0.05 0.1 • 0.12 • 0.12 /‘ \ / 0.1 - \ - 0.1 - ' - 0- \\ \ �� •. 0.05- �\ 0.08 \\ 0.08 -0.05• i - ` --- - 0.06 \ - 0.06- \ - 0▪ -0.1 / _ - - 0.04- \ - 0.04 \ - I i 0.02- / . - 0.02 \ N , - o I -0.05- / - \ -0.15 I a I / 0- 0 . - - -t -0.2 I -0.1 -0.02 -0.02 3 0 0.5 1 0 0.5 1 0 0.5 1 0 0.5 1 a) U a` o Q1/2 High Minority Q3/4 High Minority 0.1 • 0.05 0 a) '- - - 90%CI-NonParametric Estimates .; 0.05 _ ` - \ 0 - - - �� —. -• NonParametric Estimate 0 0- , . Truncated Estimate - -0.05- , - - -0.05- i - I I I I -0.1 - I - -0.1 - - I I -0.15 -0.15 ' 0 0.5 1 0 0.5 1 Miles to LIHTC Note: Kernel smoothed estimates of log house price derivatives with respect to distance to LIHTC using Nadaraya-Watson estimator with Epanechnikov kernel. Household median income quartile cutoffs are $26017, $38177, and $54642 in 2012 dollars, as reported in the 1990 Census block group of the LIHTC site. An LIHTC project is consider high minority share if at least 50% of the cen- sus block group where the LIHTC project is located was Black or Hispanic as reported in the 1990 census. Dashed lines are fully non-parametric estimate and confidence intervals. Solid line repre- sents effect truncated to zero for distances beyond which the first time the non-parametric estimate crosses zero or gets closest to zero. These price effects are used in structural model of preference es- timation. Standard errors estimated using a block-bootstrap with 500 simiulations where sampling is done over LIHTC sites. Dashed lines measure 90% confidence interval. 69 I Figure 8: Impact of LIHTC on Derivative of Log House Prices wrt miles from LIHTC vs miles to LIHTC: Impacts 6 to 10 years post LIHTC Funding Q1 Income Level; Q2 Income Level Q3 Income Level Q4 Income Level 0.1 0.1 • 0.12 0.1 0.05 \ 0.1 - \ 0.08 • 0.05- \ 0.08 -0.05- i ,\ E 1-- ,.- / 0- - -J -0.1 - 7 _-0.15 \. v 0.02 - ,. -• _- o o -0.05- f -0.2 I 0 ` . 0 _ -0.25 -0.1 -0.02 -0.02 °; 0 0.5 1 0 0.5 1 0 0.5 1 0 0.5 1 d a 0 J Q1/2 High Minority Q3/4 High Minority 6 0.1 - 0.05 cp ai 0.05- \. 0 - - - 90%CI-NonParametric Estimates ` - -• NonParametric Estimate i 0 ' -0.05 Truncated Estimate i -0.05 / - -0.1 - I i I -0.1 / . -0.15- I . / -0.15 -0.2 . 0 0.5 1 0 0.5 1 Note: Kernel smoothed estimates of log house price derivatives with respect to distance to LIHTC using Nadaraya-Watson estimator with Epanechnikov kernel. Household median income quartile cutoffs are S26017, 838177, and 854642 in 2012 dollars, as reported in the 1990 Census block group of the LIHTC site. An LIHTC project is consider high minority share if at least 50% of the cen- sus block group where the LIHTC project is located was Black or Hispanic as reported in the 1990 census. Dashed lines are fully non-parametric estimate and confidence intervals. Solid line repre- sents effect truncated to zero for distances beyond which the first time the non-parametric estimate crosses zero or gets closest to zero. These price effects are used in structural model of preference es- timation. Standard errors estimated using a block-bootstrap with 500 simiulations where sampling is done over LIHTC sites. Dashed lines measure 90% confidence interval. 70 4 1 Figure 9: Impact of LIHTC on Homebuyer Income: Impacts 0 to 10 years post LIHTC Funding Q1 Income Level; Q2 Income Level Q3 Income Level Q4 Income Level 0.08 - 0.06 • 0.015 0.01 \ 0.05- \ - 0.01 - - 0.005- / - . \ - / • . 0.06 0.04 0.005 \ . \ - / \ \ 0.03- \ \ - 0- /_' - -0.005- / /' - . 0.04 \. \� -0.005 ' - -0.01 - / / \ \ 0.02 \ \ / / \• \\ 0.01 - - \ \• � . - -0.01 - / - -0.015• / 0.02- - - I \ • \ / \ \ N.\\ 0. - - -0.015 i -0.02- / n a- \� I / 0 -0.01 -0.02 -0.025 • . m• 0 0.5 1 0 0.5 1 0 0.5 1 0 0.5 1 a' E 0 I o Q1/2 High Minority Q3/4 High Minority 0 0.01 0.04 E \ 0 0- \ , ' - 0.03- \ o - \ - - -90%CI-NonParametric Estimates J -0.01 - / ' - 0.02- \ -•-. NonParametric Estimate c \ 0 / ,, \ a' -0.02- / 0.01 U -0.03- / 0- \• \ \. -0.04- // - -0.01 - ' - - -0.05 -0.02 • - 0 0.5 1 0 0.5 1 Miles to LIHTC Note: Kernel smoothed estimates of log homebuyer income which are black using Nadaraya-Watson estimator with Epanechnikov kernel. Household median income quartile cutoffs are $26017, $38177, and $54642 in 2012 dollars, as reported in the 1990 Census block group of the LIHTC site. An LI- HTC project is consider high minority share if at least 50% of the census block group where the LIHTC project is located was Black or Hispanic as reported in the 1990 census. Dashed lines are fully non-parametric estimate and confidence intervals. Standard errors estimated using a block- bootstrap with 500 simiulations where sampling is done over LIHTC sites. Dashed lines measure 90% confidence interval. 71 Figure 10: Impact of LIHTC on Black Share of Homebuyers: Impacts 0 to 10 years post LIHTC Funding Q1 Income Level; Q2 Income Level Q3 Income Level Q4 Income Level 0.02 _ • 0.03 • 0.01 • 0.01 0.01 - - - - 0.02 - \ . - / •/ 0 ' / - 0.01 - / - - - /- \- -0.01 - / / . , / / -0.01 - / / - _ _ - , / / -0.01 -- 0_ I /' - -0.02- / -0.02- / - - / / i N / -0.02- / -0 / .03 i/ -0.01 -0.03 // 1 E -0.04- / . -0.02• i - -0.04- / - -0.03/ // • o 1 / 2 -0.05 - -0.03 -0.05 -0.04 m 0 0.5 1 0 0.5 1 0 0.5 1 0 0.5 1 m c rn Q1/2 High Minority Q3/4 High Minority as 0.01 0.02 U 0- 1 0.01 -o EL -0.01 \ - - •, 'I. ` - _ - - - 90%CI-NonParametric Estimates rn / 0 \ - - - NonParametric Estimate c -0.02 '' / a) -\ ' / -0.01 - ` - / - N -0.03- / -..� / o -0.04 // . -0.02- ,/ / / / -0.05- _/ - -0.03- / - -0.06 -0.04 0 0.5 1 0 0.5 1 Miles to LIHTC Note: Kernel smoothed estimates of percent of homebuyers which are black using Nadaraya-Watson estimator with Epanechnikov kernel. Household median income quartile cutoffs are $26017, $38177, and $54642 in 2012 dollars, as reported in the 1990 Census block group of the LIHTC site. An LI- HTC project is consider high minority share if at least 50% of the census block group where the LIHTC project is located was Black or Hispanic as reported in the 1990 census. Dashed lines are fully non-parametric estimate and confidence intervals. Solid line represents effect truncated to zero for distances beyond which the first time the non-parametric estimate crosses zero or gets closest to zero. These price effects are used in structural model of preference estimation. Standard errors estimated using a block-bootstrap with 500 simiulations where sampling is done over LIHTC sites. Dashed lines measure 90% confidence interval. 72 i i Figure 11: Crime Impacts of LIHTC by Neighborhood Median Income (a) Property Crime in High Minority Neighorhoods (b) Property Crime in Low Minority Neighorhoods 200 , , , , , 200 , I , 1 , 100- - i 100- a y .�-� ur .��. -� ..a. ...• .. ----.-._ _ _.... . ..... . ......yr E �.� - r-too- .• .........+,...et..:.•5y M -,00- a-200 a-200- _ ..... .c-300- - -300- rn 1t t • _ 0-400_ - 0 • �00- -500 , -500 , 0 0.2 0.4 0.6 0.8 1 1.2 0 0.2 0.4 0.6 0.8 1 .1.2 Miles from LIHTC Site • Miles from LIHTC Site Income Q1+Q2---Income Q3+Q4 'Income Q1+Q2---Income Q3+Q4 (c) Violent Crime in High Minority Neighorhoods (d) Violent Crime in Low Minority Neighorhoods 200 , , , , , 200 , , , , , °' - ,00 a y _ � 2 0- aa.-..........w_w..Ro y 0- ___ _ __ .T Y9Y.i.i.i.i.. r C ' ... i .......... - i Q-200_ - Q-200- o m • m -300 .2-300- 0 0 -400 , -400 0 0.2 0.4 0.6 0.8 1 1.2 0 0.2 0.4 0.6 0.8 1 1.2 Miles from LIHTC Site Miles from LIHTC Site Income Q1+Q2---Income Q3+Q4 Income Q1+Q2---Income Q3+Q4 Note: Kernel smoothed estimates of annual crimes per square mile using Nadaraya-Watson estima- tor with Epanechnikov kernel. Estimates integrate over the estimated derivatives to measure log crimes per square mile at a given distance from LIHTC site, relative to 1.4 miles away. Household median income quartile cutoffs are $26017, $38177, and $54642 in 2012 dollars, as reported in the 1990 Census block group of the LIHTC site. 73 Figure 12: Mean Willingness to Pay to Live 0.1 miles from LIHTC: Low Minority Areas (a) Q1 Income Neighorhoods (b) Q2 Income Neighborhoods o- s 0 0 H O In = H._o J =O J O O O- 1;' 0 -' oO-a . b m o- o O 0 50 100 • 150 200 q 0 50 100 +150 200 Homebuyer Income Homebuyer Income • Non-Minority HomeBuyers • Minority HomeBuyers • Non-Minority HomeBuyers —*-- Minority HomeBuyers (c) Q3 Income Neighborhoods (d) Q4 Income Neighborhoods N A"_ N O N- O 1 1. 10 II =N FV� J O E'er J1. E 2 N- 2 .-O E1 it\I \. U, Em 0 NO ' NO_ O O O I > ' > O - «u, O NO- a. n N u, O 1 N- O 0 50 100 150 200 1 6 50 100 150 200 Homebuyer Income Homebuyer Income • Non-Minority HomeBuyers • Minority HomeBuyers • Non-Minority HomeBuyers • Minority HomeBuyers Note: Willingness to pay is measured as a percentage of the hombuyer's houseprice. Household me- dian income quartile cutoffs are $26017, $38177, and $54642 in 2012 dollars, as reported in the 1990 Census block group of the LIHTC site. Reported preferences are for households who choose to live close to LIHTC development. 74 Figure 13: Mean Willingness to Pay to Live 0.1 miles from LIHTC: High Minority Areas (a) Q1 Income Neighorhoods (b) Q2 Income Neighborhoods N O O O)- O 0 0 I- ~ J O) J O- E EO- Q 2 E -u) •0 0 0 i 0 0- 2 3 0 c' o, tr_ o_ O o 0 50 100 150 200 0 50 100 150 200 Homebuyer Income Homebuyer Income • Non-Minority HomeBuyers - Minority HomeBuyers Non-Minority HomeBuyers Minority HomeBuyers (c) Q3 Income Neighborhoods (d) Q4 Income Neighborhoods O- or'' O O' ' 1 0 F 1-c., I I. J J O E ' E O 2 2 E.O E. O- -O O _ O> >N O 2 u) a ag_ 1. N O- O O O_ 0 0 50 100 150 200 0 50 100 150 200 Homebuyer Income Homebuyer Income • Non-Minority HomeBuyers • Minority HomeBuyers -t Non-Minority HomeBuyers • Minority HomeBuyers Note: Willingness to pay is measured as a percentage of the hombuyer's houseprice. Household me- dian income quartile cutoffs are $26017, $38177, and 854642 in 2012 dollars, as reported in the 1990 Census block group of the LIHTC site. Reported preferences are for households who choose to live close to LIHTC development. 75 i Table Al: Summary Statistics by Neighborhood Income Quartile Panel A: LIHTC Sites in Block Groups with Median Income<$26,017 Transactions<1 Transactions<.5 Transactions<.2 Transactions<.1 mi of LIHTC Site mi of LIHTC Site mi of LIHTC Site mi of LIHTC Site Housing Transaction Price 257600 231679 224353 229799 [329316] [339910] [381076] [453349] Housing Transaction Price 277499 252776 242647 244480 -HMDA Matched [310175] [318216] [351499] [416517] % of Home Buyers Black .09364 0.1310 0.1513 0.1459 [0.5250] [0.5489] [0.5383] [0.5090] Income of Home Buyer 93420 90547 90928 92547 [53672] [54649] [56557] [57717] Panel B: LIHTC Sites in Block Groups with $26,017 < Median Income< $38,177 Transactions<1 Transactions<.5 Transactions<.2 Transactions<.1 mi of LIHTC Site mi of LIHTC Site mi of LIHTC Site mi of LIHTC Site Housing Transaction Price 233492 205286 193702 198689 [267110] [296370] [279210] [279210] Housing Transaction Price 249363 220514 211160 214544 -HMDA Matched [240353] [258190] [274176] [294745] % of Home Buyers Black 0.0716 0.0882 0.0907 0.0907 [0.4790] [0.4984] [0.5023] [0.5102] Income of Home Buyer 86386 81136 81022 82374 [49050] [48963] [49971] [50617] Panel C: LIHTC Sites in Block Groups with $38,177 < Median Income< $54,642 Transactions<1 Transactions<.5 Transactions<.2 Transactions<.1 mi of LIHTC Site mi of LIHTC Site mi of LIHTC Site mi of LIHTC Site Housing Transaction Price 274424 242592 231821 231749 [281324] [279365] [326449] [445992] Housing Transaction Price 291458 258873 244756 238676 -HMDA Matched [266944] [260891] [261478] [281637] % of Home Buyers Black 0.0689 0.0757 0.0771 0.0724 [0.4753] [0.4787] [0.4850] [0.0485] Income of Home Buyer 93285 87950 86099 85123 [49194] [48734] [50185] [52580] Panel D: LIHTC Sites in Block Groups with $54,642 < Median Income Transactions<1 Transactions<.5 Transactions<.2 Transactions<.1 mi of LIHTC Site mi of LIHTC Site mi of LIHTC Site mi of LIHTC Site Housing Transaction Price 369676 334890 314001 316961 [377497] [461491] [488588] [544460] Housing Transaction Price 385589 350551 327842 327336 -HMDA Matched [358489] [448765] [465937] [507898] % of Home Buyers Black 0.0415 0.0471 0.0517 0.0504 [0.4274] [0.4294] [0.4303] [0.4775] Income of Home Buyer 107289 102083 98220 99220 [51190] [51151] [52628] [54084] Note: All prices inflated to 2012 dollars. Standard deviations in brackets. 76 ^ C) N — r1 o0 N N 00 CV -i rV rti r O O O O O O 0 00 O O O C) O C) CD CVr-, O O O O 0 0 O O O O O O O O o O O O o 0 O O 6 O O O O O O 0 O CC) a) N N N- CV N CA r-' Cs75' CO M * o Nr-I CD OP O O 0 0 O O C) 0 O O �' O O O 0 0 ,4 O O O O O O O O O O 0 O O O 0 0 ^d O O O o O O o 0 0 p 0 O O O 6) O * a) * CO * r+ * 7. N CrJ ry U O O d' N ,t dM' d' d' M ti C) N O M N N .-, O O O o 0 O o CD O C O O o 0 0 3 ,--1 ,--i O O O o 0 0 0 0 O 0 O O O O O C. O O o O O 6 O 6 O 6 O 0 0 6 O c O U d O. * _ * 5 * CA N O CG ,--i _in M * ,� * M N ,� t+� N o d' CO uP UP _in CD N O p o p a) co O 0 0 0 0 0 0 O O D p 0 p C) o C) O r, O O O o O O 6 O p 6 p Oi O Oi O a' O C) *CID ,0 * N r-, M CA rti 0 iM O * M CD di d' M C) ,--i N a0 O O O'O N O CO O O N O o ) O O p 0 O cd O p 0O CD CD ,•ti_, OO OO Oo D • p OO O CdO CO O O 0 0 0 O o 6 O ,1; O O p 0 O O N V O O , o m ko 3,3 C cd a N V * o y o r-, * V o * o co a) ri �' cq aC) o 00 * )r, Z c * kri- N N 0 O C D E CD 0 O O GO 0 0 0 0 C:'' CI 0 0 CI C) 0 M p s.., es3 O M o 0 CD U O O O U O V O o 0 0 4 0 0 O 4 0 0 6 o .- 0 O O o O c▪i: U O , a) ti V 0 ccd m cd m 5 m p. R. b ^C a; * VI � * F -x 5 * O'�" (3•) its C) M l— o ,.= a) Co O N �, ,--i N CG -7t- z ' O m ti O A O O cn 0 0 O Op . 0• 0• 0 0 ,Oa," T O p o o N O r vi •yoo .� oo N- �' oo° oo N- -- oo 6 —a Too •BOO W V rip Cl o C ca y C ca cocn m * m A in p" .�-+ U 00 N N y Q', ,� O `"'� o �' �" O p d' O CC.) 0 O CO ,p-' O s•., A '- o 10p boo CD CD 3Op 3 OO ,40 O 30 • 4 Q p oo a� oo © © C) m � o a� oo ', oo °' o0 q S o JZ , •a a O U * O ClL --I CO M 00 CC) ti M C . N l 70 CD U tt O a C-, ao ' o � Cl) r, O r-' © C o © GO o ,, O '' p a o "OO CO G) OO '? 0 G> oo ,� o � oO CD M - s, a o0 0o t oo orip o 00H 60 00 0 0 0ci) cd CI) w U N w H * * * -d * do * CC a Op M oo) 11-1 N 000 i ti *CD co CD GO cs0 CO CI, 0 CD am CD � c�"0 co; O co co O O O O O N O o r-, o s. •O OO O O O 0 o p O p cc; O p . a4 O 0 • o _ o O N O CV " * * * a) * d' * O CO d' * CO * c0 * * N s-i -0 N M - O o0 -N-i r--I r--i a0 O c0 CD d, o C) ti .t- O O 7r O d' O C)• O O O p C) C6V) O D O 0 O O O O o O O C7 o O D p 0 O O O ^d p ' O u 0 N , O N _ * * * _ * 00 * M '••, CV o r-, * 00 * �' * M i ,-, ,*--� ON 0 N N r,-4 O — N r— (0 C)- ON „, N 00 "CS O 0 0 -1' O 0 0 `? O O O M O 0 O p •0 C) l� O o O 0 O O o O O O p O p O p O O cd O p ' ' a) U H sm..a ¢ o C) A Z r Table A3: Median # of Households Impacted by LIHTC Development Panel A: Low Minority Areas Income Q1 Income Q2 Income Q3 Income Q4 # Renting HHs Impacted by LIHTC 4832.5 621 1171.5 1328 # Owning HHs Impacted by LIHTC 2476 296 1042 2268 Observations 658 884 1768 2463 Panel B: High Minority Areas Income Q1 Income Q2 Income Q3 Income Q4 # Renting HHs Impacted by LIHTC 12171 2075 6028 5422 # Owning HHs Impacted by LIHTC 3764.5 599 3630 4456.5 Observations . 2248 1817 1267 340 Note: Median number of renting and home owning households living within the area impacted by LIHTC development, as meaured in the 2007-2012 ACS. Standard deviation in brackets below. Each observation is a neighborhood around a LIHTC development. 78 I Figure Al: Mean Willingness to Pay to Live 0.1 miles from LIHTC: Low Minority Areas (a) Q1 Income Neighorhoods (b) Q2 Income Neighborhoods O 0 0 0 Fo0 F0 S O- m N_ J. J E E 2 2 O O- Eo E V _O- 0 V O > OM P.0 P. ae- a0 N N O 0- 0 0 50 100 150 * 200 0 50 100 150 200 Homebuyer Income Homebuyer Income • Non-Minority HomeBuyers • Minority HomeBuyers • Non-Minority HomeBuyers - Minority HomeBuyers (c) Q3 Income Neighborhoods (d) Q4 Income Neighborhoods 0- 0- U0 1-0 20- =u0� ,I, J I E 0 O2 O w 0 E0 O E8- 6 O_ 0. 1 67> >N O .98 O P.0_ o_-- a,01 0 0 0 0_ 0 0 O NI N 0 50 100 150 200 0 50 100 150 200 Homebuyer Income Homebuyer Income —• Non-Minority HomeBuyers • Minority HomeBuyers - Non-Minority HomeBuyers • Minority HomeBuyers Note: Willingness to pay is measured in 2012 dollars. Household median income quartile cutoffs are $26017, $38177, and $54642 in 2012 dollars, as reported in the 1990 Census block group of the LI- HTC site. Reported preferences are for households who choose to live close to LIHTC development. 79 Figure A2: Mean Willingness to Pay to Live 0.1 miles from LIHTC: High Minority Areas (a) Q1 Income Neighorhoods (b) Q2 Income Neighborhoods 0 O 0 0- 0_ 8 .° Oo t-0_ 0 =o ~o J C / =O `/ Jco O P ..O O O _ O- •w 0 o� �� ) 0_ �o od i w '- > 00 o- o i-N a0 J N O �/r S 0 O / 0- 0 50 100 + 150 260 0 50 100 150 200 Homebuyer Income Homebuyer Income ---e — Non-Minority HomeBuyers + Minority HomeBuyers • Non-Minority HomeBuyers ---•— Minority HomeBuyers (c) Q3 Income Neighborhoods (d) Q4 Income Neighborhoods `�'�� O 0 O 0- O a 0 I1- I-O 0 O J en Q_O- P 2 E I 'E O 0 0 CD 0 N >0 j O a i 0_0 V0 0 0 O- N O- 0 50 100 150 200 0 50 100 150 200 Homebuyer Income Homebuyer Income • Non-Minority HomeBuyers -e Minority HomeBuyers • Non-Minority HomeBuyers - - Minority HomeBuyers Note: Willingness to pay is measured in 2012 dollars. Household median income quartile cutoffs are $26017, $38177, and $54642 in 2012 dollars, as reported in the 1990 Census block group of the LI- HTC site. Reported preferences are for households who choose to live close to LIHTC development. 80 i Figure A3: Ring Analysis vs Empirical Derivative Simulation Study A. NonParametric Estimate at 0.1mi B. NonParametric Estimate at 0.4mi 0.05 0.05 0 0 0 0 0 0 0 0 0 0 l /— — — — —— — — — / 0 0 0 0.Q Q Q 0 00.-m-0 $ - - — — — - 0060=� c 0 I- J 5 -0.05 -0.05 m -5 0 5 10 -5 0 5 10 n E U a C. Ring Estimate at 0-0.25mi radius D. Ring Estimate at 0.25-0.5mi radius 0.05 \ / \ 0.05 / \ - \ / \ / -.✓ \ i� \/ \ \ /e 0 0 O 0 0 0 0 / --- \/ \ 0o O O e .t /\ - 0 / \ /- / \ /l \ i / \ /N \\ / \NI N_i / \ l \.i / / \/ 1 -0.05 -0.05 -5 0 5 10 -5 0 5 10 Years Since LIHTC Funding Point Estimate — — —95%Confidennce Interval True Value Note: Data is simulated to compare estimation methods. Error bands represnt 95% confidence inter- val. 81 Figure A4: Empirical Derivative Simulation Study Surface Estimate Non Parametric Price Surface Estimate 0.025 — 0.02 0 0 0.015 0.01 0 • 0.) 0.005 0 0 -0.005 1.2 1 0.8 10 0.6 5 0.4 0.2 0 Miles to LIHTC Site 0 -5 Years Since Funding Note: Data is simulated to compare estimation methods. 82 Figure A5: Monte Carlos Results of Empircal Derivative Estimator Varying Tuning Paramters (a) Bias in Derivative Estimator (b) Bias in Level Estimator 0.03 ii i iT 5 x 103 ' i i i -x=3,8=0.5 K.=3,0=0.5 0.025- }' }. 0.02 C. 0.015- \. 3- • .4 O.. N. 0 \ 0.01- t19� - / \0 + 2 0.005- \ �O \ 0. o o- : Q 1 �.� } i o.00s _ / -0.01- +' - -0.015 , 1 . . 0 0.2 0.4 0.6 0.8 1 1.2 0 0.2 0.4 0.6 0.8 1 1.2 (c) Standard Dev in Derivative Estimator (d) Standard Dev in Level Estimator 0.03 1 1 1 1 T 8 x 10-3 i k=3,9=0.5 \ x=3,9=0.5 0.025- `..-. - \ 6 `..\\ 0.02- ":\ - e \ 5- }` \\ - 0.015- \a 4- \ \ 0.01- .:\ +.. _ +. ..0.- -__ ....,}.... 0-- 0.005- +... 0'..._,.-0 0 0 ...� 0 - 1 I I I i I i i i i 0 0.2 0.4 0.6 0.8 1 1.2 0 0 0.2 0.4 0.6 0.8 1 1.2 Note: Each set of tuning parameters performs 100 monte carlo simulations. See text for further details. 83 Figure A6: Coverage Ratios from Monte Carlos Results a E (a) 95% CI Coverage Ratios for Derivative Estimator (b) 95% CI Coverage Ratios for Level Estimator 1 1 1 , , 0.98 0.98- i 0.9- 0.88 0.88- 0.86 0.86- 0.84 0.84- x=3,8=0.5 0.82- ---k=3,6=0.2 K=3,6=0.5 0.82- ....0.....5,9=0.2 0.8 ....0....m=5.6=0.2 0 0.2 0.4 0.6 0.8 1 0.8 1.2 0 0.2 0.4 0.6 0.8 1 1.2 Note: Each set of tuning parameters performs 100 monte carlo simulations. Coverage ratios are ad- justed for estimated bias. Standard errors are block bootstrapped at neighborhood level using 100 samples. 84 f 1 Figure A7: Renter Surplus in Linear-Quadratic Hedonic Model 50 40 - 2- 30 - - 0 20 - - Q' 10 - - 0 -5 0 5 10 Gamma Note: This figure shows the equilibrium renter surplus of the linear-quadratic hedonic model detailed in Appendix E. Equilibrium renter surplus is a function of the preference parameter -yz. The other parameters of the model are A = 1, µ = 3, ccy = 3, µQ = 0, and crQ = 5. The figure shows that all renters, except the measure zero set with lyz = 3, earn positive surplus in equilibrium. 85 EXHIBIT B j el° , • Zoning Reform for Complete Neighborhoods .,„ ... ,,.. , „, „, -in, 1 ----f--4,LttiL,--z, • 4,,,,,,, _ _ ; ....„ „, ,.3 Ak . „I .„ .1 H 1 Scan to learn more and participate ® ❑ p c pate in the process. ::,:. -__ 9 Y , 0 \\4. Zoning Reform for Complete Nei ghborhoods Nous The City is proposing amendments to ensure the zoning code is aligned with City Plan 2040. Policies were developed in response to community outreach and stakeholder input during the comprehensive plan engagement process. sor. AtiorA, 1 M Remove barriers to housing choice Enable a range of housing types Varied,affordable,and accessible housing The top housing concerns in Roanoke: 40040 Achieving Equity • Affordable housing • Homeless housing tip/ Housing is a top priority for achieving • More housing options • Disabled&senior housing equity for our residents A*housing study prepared for the Regional Commission provides further insight into the state of Roanoke's housing. 8.4 2 4% 42% 2,162 Households mismatched with Cost-h irdened Cost-burdened Households earning New housing units their affordability range or.ners renters under 35K needed by 2025 iKiC -C'gt4 .7 t S"4?, 7 C i p.,7' .. 1'J..T. _it.3." * /O'nno tS or, of the feN, tcci5 t city`in f locil otitt er5 core(mange Q rt i(lfiimecliote!y and at very Iitl C'cost fhti-r C(1 r c'impact i t h:`us+nq p-cd: t%or?. r ity✓✓i.i u>in j Study Equity in Housing Define Household Simplify Group Care Facility Types Replace Transitional Living Facility Missing Middle Housing Reclassify Dwelling Types Addition of Dwelling types Efficient Land Use Regulate Dwelling as a Land Use Zone for Efficient Development through Dimensional Regulations • Uhl,. Plan, 20110 City Han 2040 The following priorities, policies, and actions were developed in response to community outreach and stakeholder input. City Plan 2040 was adopted by City Council in 2020 after a two year community engagement process. Visit PlanRoanoke.org to learn more about City Plan 2040 and the public engagement process. Theme: Livable Built Environment - Priority 1: Trust Policy 1: Remove legal elements of institutional or structural bias Action Items: • Review and eliminate City codes and policies based on explicit or implicit biases, and advocate the same approach for state laws and policies • Advocate for criminal justice reforms that address systemic and interrelated issues of our time such as mass incarceration, militarization of police, implicit bias, school-to- prison pipeline, the war on drugs, and mandatory sentencing • Enable complete neighborhoods to develop within the framework of the zoning code, providing access to affordable housing, services, and employment • Ensure the diversity of advisory and decision-making bodies reflects the diversity of Roanoke Theme: Livable Built Environment - Priority 4: Housing Policy 1: Enable affordable and accessible housing options in all neighborhoods Action Items: • Perform a housing study to look at trends, needs, and current conditions of housing in the City • Incentivize development that includes affordability, accessibility, and context sensitive design components • Develop programs that enable homeowners to make continual investments to keep homes safe, accessible, and well maintained • Continue to allocate HOME and CDBG funds to non-profit affordable housing developers for new housing and renovation of existing housing for low income homeowners and tenants • Prioritize funding to affordable housing near neighborhood centers Policy 2: Enforce housing codes to preserve safe and well-maintained housing Action Items: • Maintain effective code enforcement operations • Maintain effective relationships with neighborhoods to share ways to maintain properties • Continue to support the city's rental inspection program and consider program expansion to cover new housing types/arrangements, as appropriate Zoning•eform for omplete Neighbor oods • • • ♦ • j • ip 2040 Policy 3: Enable a range of housing types in each part of the community to achieve inclusive, livable neighborhoods that prosper over time Action Items: • Consider ways to introduce different housing types into neighborhoods that lack housing diversity while being mindful of and responsive to concerns about neighborhood character, design, and maintenance • Study the locations and characteristics of exemplary Missing Middle housing examples (local) that successfully fit into a neighborhood setting. Use those findings to guide policies and standards for creating multiunit housing types in neighborhood settings • Encourage the development of larger Missing Middle housing buildings near neighborhood centers and along commercial corridors • Explore opportunities for alternative living arrangements, such as group living and co- housing, near neighborhood centers • Permit accessory dwelling units in all residential zones Theme: Interwoven Equity - Priority 3: Neighborhood Choice Policy 1: Identify and remove barriers to housing choice Action Items: • Reconsider housing policies rooted in racial segregation efforts such as exclusionary zoning districts that exclude all but single-family houses • Work to reduce tenure bias, that is, the favoring of owner-occupants over renter occupants, by reviewing City policy and plans to eliminate such bias • Ensure the Fair Housing Board is active in removing barriers by providing community education, paired testing, and assessment of barriers to housing choice Policy 2: Understand the connection between finances, housing, and literacy in order to remove barriers for vulnerable people like veterans, homeless people, elderly, domestic violence victims, formerly incarcerated people, and people recovering from addiction Action Items: • Review and reexamine how and where zoning codes permit group care facilities and group homes providing housing and supportive services and support distribution of such housing in neighborhood settings dispersed throughout the City • Continue housing first programs and test other innovative housing approaches • Improve connections among local service providers for the homeless and those experiencing poverty • Expand/extend after care resources for previously homeless individuals • Inventory the existing group care/transitional living facilities; disperse such facilities and amend policy as needed to meet the needs of the community • Support and improve financial literacy services • Better promote and improve literacy action MUM yr :.■■■ ,:.^fir'=.ar • rxci Toning Reform for Complete Neighborhoods • ` • '' . , • far n 200 Policy 4: Develop varied and affordable housing options in each neighborhood Action Items: • Develop a housing plan as a component of the comprehensive plan • Ensure affordable housing is available in all neighborhoods in the city • Promote complete neighborhoods, so all neighborhoods have a broad range of housing types, including multifamily housing • Pursue legislative opportunities to increase affordable housing options and opportunities • Incentivize housing that is affordable and/or is built with universal design standards Policy 5: Av.oid displacement resulting from gentrification) Action Items: • Maintain vigilance by monitoring data to identify emerging gentrification patterns • Put decision-making about neighborhood improvements at the neighborhood level. Consider intensive public deliberation processes to determine neighborhood improvement priorities • Use funds to rehabilitate existing housing stock to help current residents remain in their home • Support the development or rehabilitation of affordable rental housing • Educate community on the Homestead Exemption law • I I Zon'ng'eform for Complete Neighborhoods avaTgiliff:Ar- Si" HOUS'v. Housing was identified by residents as the top priorty for achieving equity during the City Plan 2040 process. •, i { \ / / '12% 26% ill% lit+ Households earning Cost-burdened Cost-burdened Waiting for under 35K Owners Renters Housing Vouchers Identify and remove barriers to housing choice Understand the corginectiori between finances, housing, and literacy in order to 20110 remove barriers for vulnerable people Develop varied and affordable housing options in each neighborhood Define Household This amendment will combine City's current definition of family, federally required living arrangements, and non`amily living arrangements into a simplified household definition. Simplify Group Care Facility Types Various group care facility types will be consolidated into a single use defined as Group Living. This amendment: will focus on governing land use rather than the background and status of individual residents. Replace Group Care Facility, Transitional Living Facility The use Transitional Living Facility will be replaced with Small Scale Community Housing Services and Large Scale Regional Housing Services. This amendment will remove barriers to temporary housing in appropriate districts. • * Lai t } ! Define Household Redefines Household to include family and nonfamily living arrangements, including federal preemption families. Household is defined as: a person or group of persons living within a dwelling and sharing kitchen facilities, sanitation facilities, and common areas. A household may have one of the following types of occupancy: (a) A family of related persons of unlimited number. (b) A family defined as up to eight persons with mental illness, intellectual disability, or developmental disability who reside with one or more resident or nonresident staff persons in a residential facility for which the Department of Behavioral Health and Developmental Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. (c) A family defined as up to eight aged, infirm, or disabled persons who reside with one or more resident counselors or other staff persons in a residential facility for which the Department of Social Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. (d) A group of up to eight unrelated persons who may or may not receive supportive services or medical care. Simplify Group Care Facility Types Current code excludes certain types of group living based on the status of the residents rather than impacts of the land use. Decades of exclusionary zoning have limited housing opportunities for vulnerable populations and thus contributed to homelessness. The proposed amendment will simplify the various group care facility definitions into one Group Living definition. The amended code will permit a dispersed, dignified, and low impact model for permanent housing for our vulnerable populations. The proposed approach treats these uses similar to their counterpart residential uses and eliminates discrimination based on the status or history of people. Note that all group living arrangements are for permanent housing (30 days or more). Sheltering operations remain excluded from residential districts. Proposed Districts for Group Living Sec.36.2-311. Use table for residential districts. District RA R-12 R-7 R-5 R-3 RM-1 RM-2 RMF Group Living S S P Blank means not permitted at all S means permitted only by special exception P means permitted as of right Zoring Reform for Complete Neighborhoods • Replace Group Care Facility, Transitional Living._Facility An impactful change is the modification of how the zoning code defines temporary sheltering of vulnerable populations. The current code classifies a shelter as a Group Care Facility, Transitional Living Facility. This use is extremely restricted. The zoning code permits it only in the INPUD district and further requires a special exception from the Board of Zoning Appeals. Staff recommends the creation of two new uses to replace Transitional Living Facility: Community Housing Services and Regional Housing Services. This approach provides for a small, limited community scale version which may be more broadly permitted around the City. Enabling a model of smaller scale sheltering options distributed among higher intensity districts is a less impactful, more equitable, and more accessible alternative to one large facility. Community Housing Services is defined as: a small-scale operation providing temporary occupancy, and may provide mental health counseling, employment services, permanent housing assistance, and other supportive services. The temporary housing capacity of a community housing services operation shall be limited to twelve people and occupy no more than 10,000 square feet of gross floor area. Regional Housing Services is defined as: an operation providing temporary occupancy, and may provide mental health counseling, employment services, permanent housing assistance, and other supportive services. The temporary housing capacity of a regional housing services operation is not limited. Proposed amendments permit Community Housing Services by right in CG, CLS, D, IN, ROS, and UF districts. Regional Housing Services would be very restricted- permitted only in the INPUD district with a special exception. Proposed Districts for Community Housing Services Sec.36.2-315. Use table for multiple purpose districts. District MX CN CG CLS D IN ROS UF Community housing services Blank means not permitted at all P means permitted as of right am Zo,', 4 Reform for Complete Neighoornr d s YE-S i •; • •gRa.aim t. ,.,n•ciaro tie„nte ncra O Nous\ RVARC Housing Study identified the addition of MissingMiddle Housingoptions P as a key regulatory strategy for addressing housing issues in Roanoke. 1911 46. 61/% • Households mismatched with their Housing Market Study&Focus Groups affordability range expressed desire for Missing Middle Housing City/ • Develop all neighborhoods to be complete neighborhoods Pfr_ • Enable affordable and accessible housing options in all neighborhoods 2040 • Enable a range of housing types in each part of the community to achieve, PaZicied, inclusive, livable neighborhoods that prosper over time Proposed Text Amendments Reclassify Dwelling Types The proposed amendment will classify new and existing dwelling types in order to manage form, location, and orientation of structures so they will be compatible in neighborhood settings. Dwelling Types • Accessory Dwellings • Cottage Courts • One and Two Dwelling Buildings • Single-facade Apartment Buildings • Multiple-facade Apartment Buildings • Townhouse Buildings �5 l 4 - f t (i '� 3 ' mac " �,.. - � �. � '#t htj '11 T to�,:. 4 a suNGA..ou, GOURTT ARD ....'."°�`•F•� TRIP:.EX/ APARTMENT MIDDLE HOt15iN� DUPLEx p �"PLEx P11551N� 4 OPTIC0S Proposed Dwelling T,ypQs Dwelling types: This code identifies the following types of dwellings for the purpose of providing supplemental regulations that prescribe form, location, and orientation. Accessory dwelling: an additional dwelling on a lot where the principal use is a single dwelling building. (synonyms: Accessory dwelling unit, ADU, accessory apartment) One and two dwelling building: a building that contains one or two dwellings. Cottage court: a group of two or more buildings that contain three or more dwellings that are limited to 1,000 square feet of gross floor area. Such located on an interior or through lot with limited size detached or connected dwellings, with such buildings oriented to create a central court for common access. Townhouse building: A building containing two or more dwellings connected by vertical walls, with each dwelling having an independent entrance. Single facade apartment building (house form): a building that contains three to eight dwellings and has a single primary facade. Multiple facade apartment building (courtyard form): a building that contains three to eight dwellings and has multiple primary facades. Large apartment building: a building containing nine or more dwellings. 2 . ••• it,. • fi nj • Zoning Reform for Complete Neighborhoods t fieeftek„. Ave. ffliddH Proposed Neighborhood Compatibility Regulations Sec.36.2-409.1. Dwellings.Supplemental regulations for various dwelling types prescribe the form,building location,and orientation of buildings containing dwellings in order to provide for compatibility within the context of neighborhood settings. a) Accessory dwellings(also known as accessory dwelling unit(ADU),or accessory apartment). These standards are intended to regulate number and size of accessory dwellings to ensure they are subordinate to the principal single dwelling use to which it is accessory: 1) One accessory dwelling may be established on a lot containing a new or existing single dwelling building.An accessory dwelling is not subject to minimum lot area requirement for each dwelling nor the maximum number of dwellings per lot. 2) An accessory dwelling located in a detached accessory building shall be limited to 800 square feet or 80 percent of the gross floor area of the principal dwelling,whichever is less.The accessory building may contain other uses and shall otherwise be subject to the size and placement standards of 36.2-403. 3) The floor area of an accessory dwelling located within a principal building shall be no more than 40 percent of the gross floor area of the building.An exterior stairway or additional entrances, if created,shall be located on facades other than the primary facade. b) Cottage Courts.A cottage court development is a grouping of attached or detached dwellings arranged and oriented toward an interior courtyard rather than toward a street frontage.Such development is appropriate for an interior or through lot subject to these standards: 1) Any single building facade facing a primary street shall be 35 feet wide or less. 2) Permitted only on an interior lot or a through lot with a minimum lot area of 7,000 square feet. 3) At least two buildings shall meet the maximum yard requirement of the district. 4) Window or door openings shall constitute at least 15 percent of facades facing the street frontage. 5) Limited to two stories. 6) Dwelling units have a maximum gross floor area of 1,000 square feet. 7) Buildings may be located on unit lots within a zoning lot. 8) At least 20%of the lot area shall be dedicated to a central courtyard. Each dwelling shall have a doorway fronting on the courtyard. Such courtyard shall have no motor vehicle access. c) One and two dwelling buildings.These buildings are always oriented toward a street frontage.The following standards are provided to ensure compatibility with existing neighborhood contexts: 1) The primary facade width of one and two dwelling buildings shall be within 25 percent of the average of the widths of such buildings on the same side of the same block. 2) Any garage bay door facing a primary street shall be offset at least 24 inches behind the front facade of the dwelling and the front door.An attached garage shall not make up more than 33 percent of the front facade of the dwelling. 3) Window and door openings shall constitute at least 15 percent of the primary facade and at least 10 percent of a secondary facade on a corner lot. 4) Where permitted by the district,a lot may contain multiple one or two dwelling buildings. d) Single-façade apartment buildings. New and converted buildings oriented in a single mass with one primary facade,and containing three to eight dwellings,shall be subject to these standards: 1) The maximum width of the principal facade of the building shall be 120 percent of the average widths of other dwellings on the same side of the same block. 2) The building shall have one entrance facing the primary front yard. No additional entrances shall face the primary front yard unless recessed at least four feet behind the primary building facade. 3) Window and door openings shall constitute at least 15 percent of the primary facade and at least 10 percent of a secondary facade on a corner lot. 4) The front facade shall contain a front porch at least one-half the width of the building width and eight feet in depth. 5) An addition to an existing building shall be located on the rear or side of the building,except a porch may be added to the front of the dwelling.An addition to the side of a dwelling shall be set back from the dwelling's front face by 24 inches or more. A • s R i i ••u se Zoning•e orm for omp ete eighborhoods • e) Multiple façade apartment buildings.New and converted buildings having a shape with multiple primary facades,and containing three to eight dwellings,shall be subject to these standards: a. Each facade within the primary front yard shall not exceed 120 percent of the average widths of other dwellings on the same side of the same block.Such facades shall be separated by at least 20 feet. b. Window and door openings shall constitute at least 15 percent of the primary facades and at least 10 percent of a secondary facade on a corner lot. c. An addition to an existing building shall be located on the rear or side of the building,except a porch may be added to any street-facing facade. d. An addition to the side of a dwelling shall be set back from the dwelling's front face by 24 inches or more. e. No garage door may face a primary street frontage. f) Townhouse buildings. These standards provide additional controls on the scale,massing, building placement to encourage compatibility with neighborhood contexts. a. A row of townhouses in a townhouse building shall be limited to 300 feet or less. b. The minimum width of a dwelling in a townhouse building is 15 feet. c. No parking spaces or driveways shall be permitted between a public or private street and any principal building.Exception: Parking and driveways may be located between the street and the building under the following conditions: i. Each townhouse dwelling is at least 25 feet in width; ii. The driveway is greater than ten feet wide. iii. The garage door is no greater than ten feet wide. iv. Driveways shall be located to minimize curb cuts. v. Each townhouse dwelling may be located on a unit lot subdivided from the parent zoning lot. vi. Window and door openings shall constitute a t least 15 percent of the primary facade and at least 10 percent of a secondary facade on a corner lot. Sec.36.2-312. Dimensional regulations for residential districts. District RA _ R-12 R-7 R-5 R-3 RM-1 RM-2 RMF Minimum lot area for each dwelling 43,560 2,500 2,000 1,500 1,000 1,500 1,000 1,000 (square feet) --- Corner lot -maximum number of dwellings 1 3 4 6 6 8 No limit No limit Interior or through lot- maximum number of 1 1 2 3 3 4 No limit No limit dwellings ra• t • m ,rrsa Zoning•eform for omp ete Neighborhoods p,Y Ytt, t • • / ! Z,.nnq 'ea niW s N. b0Mooas 0 NOUs\.- RVARC Housing Study identified zoning as an immediate and inexpensive tool that can directly impact housing production. 3.4 m'411:411‘1°)Cf 162 fl En II 21 ® ii ������ t� Redevelopment is a key tool for creating Housing Units needed by 2025 housing due to limited vacant land •rib Promote compatibility of different land uses through building design, building orientation, and thoughtful arrangement of accessory activities on the site • Coordinate future land use and zoning to encourage arrangement of land uses 20'/O in identifiable and predictable patterns h • • Encourage active, productive uses of land and preclude unproductive uses of N land Proposed Text Amendments Regulate Dwelling as a Land Use The proposed amendment will permit dwellings in residential, multiple purpose, and planned unit development districts. The number of dwellings permitted on a given lot will be regulated by dimensional regulations. The number of dwellings permitted in residential districts will generally increase, with additional dwellings permitted on corner lots. Ensure the City Uses Remaining Land Efficiently This amendment would make changes to the dimensional regulations of each residential zoning district and allow for more efficient development of the limited vacant residentially zoned land within the City. Roanoke is nearly built-out, which creates issues when faced with a housing deficit. Examples of the proposed changes include reducing the lot area per dwelling unit requirements and reducing minimum lot sizes. • ! • • a •' 1 v Re 1ui Ott. Dwelling . $t '; The amendment removes regulation by housing type and instead lists "dwellings" as a permitted use in all districts. This change is not fundamentally different from the current code because each district already permits some form of "dwelling" as a land use. The amended code relies more properly on the dimensional regulations in section 36.2-312 to control how many dwellings may be created on a given lot. Dwelling is defined as: a room or group of connected rooms designed for occupancy by a household as an independent housekeeping unit for 30 days or longer. Proposed Code for Residential Districts Sec. 36.2-311. Use table for residential districts. District RA R-12 R-7 R-5 R-3 RM-1 RM-2 RMF Dwellings P P P P P P P P P means permitted Sec. 36.2-312. Dimensional regulations for residential districts. District RA R-12 R-7 R-5 R-3 RM-1 RM-2 RMF Minimum lot area for each dwelling 43,560 2,500 2,000 1,500 1,000 1,500 1,000 1,000 (square feet) Corner lot-maximum number of dwellings 1 3 4 6 6 8 No limit No limit Interior or through lot- maximum number of 1 1 2 3 3 4 No limit No limit dwellings . . : • ■i ,a! fit Zoning-eform for Complete Neighborhoods Af s s r • • eirtesthAt Zia dt + s Ensure the City_ Uses Remaining Land Efficiently The proposed dimensional regulations would allow for more efficient development within the City. Proposed Dimensional Regulations 36.2-312 Dimensional regulations for residential districts Minimum lot The proposed amendment reduces lot area required for each dwelling unit. area for each Amendments coordinate permitted housing types and maximum number of dwelling unit units for interior and corner lots to determine the maximum number of dwellings that may be established on a Riven lot. This regulation works hand-in- hand with a new regulation that provides an absolute limit on the number of dwellings allowed on a lot, regardless of the lot's size. This approach will ensure the number of dwellings is within the norm found in traditional neighborhoods that are zoned R-12, R-7, R-5, R-3, and RM-1. The resulting minimum lot area for each dwelling unit ranges from 1,000 square feet to 2,500 square feet. The lot area for RA and RMF is unchanged. RA R-12 R-7 R-5 R-3 RM-1 RM-2 RMF Minimum lot area for each 43,560 2,500 2,000 1,500 1,000 1,500 1,000 1,000 dwelling Maximum A new regulation establishes an absolute maximum number of dwelling units dwelling units on for corner lots and for interior lots regardless of lot size. In general, corner lots a corner lot; can accommodate more dwelling units than interior lots. interior lot. RA R-12 R 7 R 5 R3 RM-1 RM2 RMF Corner lot maximum 1 3 4 6 6 8 No No number of dwellings limit limit Interior or through lot 1 1 2 3 3 4 No No maximum number of limit limit dwellings This approach moves away from regulating by TYPE of housing permitted. Various housing types may or may not be permitted based on the number of dwellings permitted. . . ■ ■ MI 1114n.....' Zoning-e orm for omptete Neighborhoods Minimum lot I The minimum lot area and minimum lot frontages control the size of lots when area and subdividing land. Generally, larger lot sizes and lot frontages create inefficient minimum lot development patterns that consume land unnecessarily and thus reduce frontage (for housing development opportunities. subdivision) The proposed amendment generally decreases the minimum lot area and frontage for most residential districts. Staff proposes an increases lot area and frontage figures in the Residential Agricultural district to discourage subdivision of land into lots (which is counter to the purpose of RA district). RA R-12 R 7 t2-5 R 3 RM 1 RM-2 RMf Minimum 217,800 8,000 5,500 4,000 3,000 4,000 4,000 15,000 area of a lot Minimum 500 60 50 40 5Ci 50 frontage of a lot . /r. i . . r .. • ti5t1 8 1 ,i • • S C' i'f0!tl`fof Cornp1PFto Ne,ghhrrh0oc1 3/16/24,5:22 PM National Association of Realtors Agrees to Slash Commissions to Settle Lawsuits-The New York Times C;Ijc;NCly ilorkCriIUC"a https://www.nytimes.com/2024/03/15/realestate/national-association- realtors-commission-settlement.html Powerful Realtor Group Agrees to Slash • Commissions to Settle Lawsuits The National Association of Realtors will pay $418 million in damages and will amend several rules that housing experts say will drive down housing costs. By Debra Kamin ti, March 15, 2024 American homeowners could see a significant drop in the cost of selling their homes after a real estate trade group agreed to a landmark deal that will eliminate a bedrock of the industry, the standard 6 percent sales commission. The National Association of Realtors, a powerful organization that has set the guidelines for home sales for decades, has agreed to settle a series of lawsuits by paying $418 million in damages and by eliminating its rules on commissions. Legal counsel for N.A.R. approved the agreement early Friday morning, and The New York Times obtained a copy of the signed document. The deal, which lawyers anticipate will be filed within weeks and still needs a federal court's approval, would end a multitude of legal claims from home sellers who argued that the rules forced them to pay excessive fees. In a statement released on Friday morning, Nykia Wright, the interim chief executive of N.A.R., said "It has always been our goal to preserve consumer choice and protect our members to the greatest extent possible. This settlement achieves both of those goals." https://www.nytimes.com/2024/03/15/realestate/national-association-realtors-commission-settlement.html 1/6 3/16/24,5:22 PM National Association of Realtors Agrees to Slash Commissions to Settle Lawsuits-The New York Times Housing experts said the deal, and the expected savings for homeowners, could trigger one of the most significant jolts in the U.S. housing market in 100 years. "This will blow up the market and would force a new business model," said Norm Miller, a professor emeritus of real estate at the University of San Diego. Americans pay roughly $100 billion in real estate commissions annually, and real estate agents in the United States have some of the highest standard commissions in the world. In many other countries, commission rates hover between 1 and 3 percent. In the United States, most agents specify a commission of 5 or 6 percent, paid by the seller. If the buyer has an agent, the seller's agent agrees to share a portion of the commission with that agent when listing the home on the market. An American homeowner currently looking to sell a $1 million home should expect to spend up to $60,000 on real estate commissions alone, with $30,000 going to his agent and $30,000 going to the agent who brings a buyer. Even for a home that costs $400,000 — close to the current median for homes across the United States — sellers are still paying around $24,000 in commissions, a cost that is baked into the final sales price of the home. The lawsuits argued that N.A.R., and brokerages who required their agents to be members of N.A.R., had violated antitrust laws by mandating that the seller's agent make an offer of payment to the buyer's agent, and setting rules that led to an industrywide standard commission. Without that rate essentially guaranteed, agents will now most likely have to lower their commissions as they compete for business. Economists estimate that commissions could now be reduced by 30 percent, driving down home prices across the board. The opening of a free market for Realtor compensation could mirror the shake-up that occurred in the travel industry with the emergence of online broker sites such as Expedia and Kayak. "The forces of competition will be let loose," said Benjamin Brown, co-chairman of the antitrust practice at Cohen Milstein and one of the lawyers who hammered out the settlement. "You'll see some new pricing models, and some new and creative https://www.nytimes.com/2024/03/15/realestate/national-association-realtors-commission-settlement.html 2/6 3/16/24,5:22 PM National Association of Realtors Agrees to Slash Commissions to Settle Lawsuits-The New York Times ways to provide services to home buyers. It'll be a really exciting time for the industry." The original lawsuit, filed in April 2019 by a group of Missouri home sellers, ended in a verdict of $1.8 billion in October. Because the suit included accusations of antitrust violations, plaintiffs could have been eligible for triple damages of up to $5.4 billion. In exchange for the reduction in damages, the association gave up its right to appeal. The verdict sent shock waves through the real estate industry and has since catalyzed into more than a dozen copycat suits across the country, including a nationwide class-action case that ensnares the country's largest brokerage and its owner, Warren E. Buffett. That brokerage, Berkshire Hathaway, has not settled, but others, including Keller Williams and Re/Max, have settled in separate cases. N.A.R. now joins them. Under the settlement, tens of millions of home sellers will likely be eligible to receive a small piece of a consolidated class-action payout. The legal loss struck a blow to the power wielded by the organization, which has long been considered untouchable, insulated by its influence. Founded in 1908, N.A.R. has more than $1 billion in assets, 1.3 million members and a political action committee that pours millions into the coffers of candidates across the political spectrum. The antitrust division of the Department of Justice is continuing its investigation of N.A.R.'s practices, including the organization's oversight of databases for home listings, called multiple listing sites or the M.L.S. The sites are owned and operated by N.A.R.'s local affiliates. For decades, the Justice Department has questioned whether these databases stifle competition and whether some N.A.R. rules foster price-fixing on commissions. Some experts said the shift on commission structure, and the billions of dollars that would flow into the housing market as a result, could spark a recovery in the housing market, going so far as to say that it could be as significant as the 1930s New Deal, a flurry of legislation and executive orders signed by President Franklin D. Roosevelt designed to stabilize and rebuild the nation's economic recovery https://www.nytimes.com/2024/03/15/realestate/national-association-realtors-commission-settlement.html 3/6 3/16/24,5:22 PM National Association of Realtors Agrees to Slash Commissions to Settle Lawsuits-The New York Times following the Great Depression. This included the Better Housing Program, which was designed to make housing and mortgages more accessible and led to the creation of the Federal Housing Administration. The financial crisis of 2008, when home values imploded, and earlier changes to the mortgage industry in the 1970s and 1980s, including the creation of Freddie Mac and the introduction of the adjustable rate mortgage, also set off permanent transformations. With Friday's settlement, the process of buying and selling a home is now in for another historical change. "This will be a really fundamental shift in how Americans buy, search for, and purchase and sell their housing. It will absolutely transform the real estate industry," said Max Besbris, an associate professor of sociology at the University of Wisconsin-Madison and the author of"Upsold," a book exploring the link between housing prices and the real estate business. "It will prompt one of the biggest transformations to the housing market since New Deal-era regulations were put in place." https://www.nytimes.com/2024/03/15/realestate/national-association-realtors-commission-settlement.html 4/6 3/16/24,5:22 PM National Association of Realtors Agrees to Slash Commissions to Settle Lawsuits-The New York Times "N.A.R.is finally out of the business of forcing homeowners to pay inflated commissions,"said Michael Ketchmark,the Kansas City lawyer behind the home sellers'legal triumph. Brett Pruitt at East Market Studios The October verdict landed at a time of swirling controversy for the organization, and in the last five months, its internal turmoil reached a fever pitch. Its chief executive, Bob Goldberg, announced in a closed-door meeting that he would retire, just days after the verdict. His exit followed that of N.A.R. president Kenny Parcell, who resigned in August two days after a Times investigation revealed widespread allegations of sexual harassment. https://www.nytimes.com/2024/03/15/realestate/national-association-realtors-commission-settlement.html 5/6 3/16/24,5:22 PM National Association of Realtors Agrees to Slash Commissions to Settle Lawsuits-The New York Times In January, N.A.R.'s new president, Tracy Kasper, who had stepped into the role early with a pledge of reshaping the organization's culture and fighting the lawsuits at all costs, announced her own sudden exit after N.A.R. said Ms. Kasper was the target of blackmail. Despite N.A.R.'s turbulence over the last several months, however, there was one constant: their insistence that the lawsuits were flawed and they intended to appeal. With Friday's settlement agreement, N.A.R. gave up the fight. The settlement includes many significant rule changes. It bans N.A.R. from establishing any sort of rules that would allow a seller's agent to set compensation for a buyer's agent, a practice that critics say has long led to "steering," in which buyers' agents direct their clients to pricier homes in a bid to collect a bigger commission check. And on the online databases used to buy and sell homes, the M.L.S., the settlement requires that any fields displaying broker compensation be eliminated entirely. It also places a blanket ban on the longtime requirement that agents subscribe to multiple listing services in the first place in order to offer or accept compensation for their work. N.A.R. has repeatedly insisted that it does not own multiple listing sites, but the majority of them are owned and operated by the local Realtor associations that operate as N.A.R. subsidiaries. Now, with the settlement effectively severing the link between agent compensation and M.L.S. access, many agents are likely to rethink their membership in the association. "The reset button on the sale of homes was hit today," said Michael Ketchmark, the Kansas City lawyer who represented the home sellers in the main lawsuit. "Anyone who owns a home or dreams of owning one will benefit tremendously from this settlement." Debra Kamin reports on real estate, covering what it means to buy, sell and own a home in America today. More about Debra Kamin A version of this article appears in print on,Section A,Page 1 of the New York edition with the headline: Realtors Agree To Cut Their Fees https://www.nytimes.com/2024/03/15/realestate/national-association-realtors-commission-settlement.html 6/6 3/15/24, 11:08 AM FACT SHEET:The President's Budget Cuts Housing Costs,Boosts Supply,and Expands Access to Affordable Housing I The Whi... EXHIBIT D MARCH 11,2024 FACT SHEET: The President's Budget Cuts Housing Costs, Boosts Supply, and Expands Access to Affordable Housing President Biden and Vice President Harris believe everyone deserves to live in a safe and affordable home.Whether you rent or own, having a place to live that you can afford in a neighborhood with opportunities is the foundation for so much else in life. The Administration has made progress toward delivering this reality for the American people. The homeownership rate is higher now than before the pandemic, and there are more housing units under construction right now than at any time in the last 50 years, thanks in part to actions taken under this Administration. This increase in construction is contributing to a flattening rental market after years of increases. But President Biden believes that housing costs are still too high for too many families and bold investments are needed to address the large deficit in accessible and affordable homes this Administration inherited. In his State of the Union Address, President Biden called on Congressional Republicans to end years of inaction and pass legislation to lower costs by providing a $10,000 tax credit for first-time homebuyers and people who sell their starter homes. The Budget includes that proposal as part of a historic investment of more than $258 billion that would build or preserve over 2 million housing units, support millions of first-time homebuyers, guarantee affordable housing for hundreds of thousands of extremely low-income veterans and youth aging out of foster care, and advance efforts to end homelessness. Together, the Budget proposes investments and actions that will lower costs for renters and homebuyers, address the shortage of housing, make our economy stronger and more resilient, and advance equity, economic opportunity, and fair housing principles that are central to the President's economic agenda. https://www.whitehouse.gov/briefing-room/statements-releases/2024/03/11/fact-sheet-the-presidents-budget-cuts-housing-costs-boosts-supply-and-ex... 1/9 3/15/24, 11:08 AM FACT SHEET:The President's Budget Cuts Housing Costs,Boosts Supply,and Expands Access to Affordable Housing I The Whi... Builds and Preserves More Than Two Million Housing Units America faces a longstanding and nationwide shortfall in affordable housing that has been growing for decades. In May 2022, the Administration released a Housing Supply Action Plan that included administrative and legislative actions to close the housing supply shortfall in five years. The Administration has already delivered on many of those commitments, added new areas of focus including commercial-to-residential conversions, and will continue to build on the historic number of multifamily units under construction through additional administrative actions that: make it easier to build and preserve affordable, multifamily housing; advance the production and preservation of homes like accessory dwelling units and manufactured housing; and incentivize state and local governments to reduce barriers to affordable housing development. The President's Budget: Expands the Low-Income Housing Tax Credit(LIHTC). LIHTC is the largest Federal incentive for affordable housing construction and rehabilitation. The Budget invests $37 billion in expanding this tax credit in order to boost the supply of housing that is affordable for low-income renters. Specifically, the Budget permanently increases the allocation of tax credit states receive. It also reduces the private activity bond financing requirement from 50 percent to 25 percent in order to leverage more private capital into LIHTC deals and build more units of affordable housing.And it repeals the qualified contract provision and right of first refusal provision - both of which allowed some owners of LIHTC units to exit requirements to keep rents at affordable levels. These proposals would build or preserve 1.2 million affordable rental units. Creates a New Neighborhood Homes Tax Credit.The Budget proposes a new Neighborhood Homes Tax Credit, which would be the first tax provision to directly support building or renovating affordable homes for homeownership. At a cost of$19 billion over ten years, the credit would cover the gap between the cost of construction and the sale price for rehabilitated or newly constructed single-family homes in low-income communities, encouraging investment in homes that would otherwise be too costly or difficult to develop or rehabilitate - and spurring investment and economic activity in communities that have long suffered from disinvestment. The tax credit would be provided on the condition that the home is occupied by low- or middle-income homeowners. This proposal would lead to the https://www.whitehouse.gov/briefing-room/statements-releases/2024/03/11/fact-sheet-the-presidents-budget-cuts-housing-costs-boosts-supply-and-ex... 2/9 3/15/24, 11:08 AM FACT SHEET:The President's Budget Cuts Housing Costs,Boosts Supply,and Expands Access to Affordable Housing I The Whi... construction or preservation of over 400,000 starter homes in communities throughout the country. Incentivizes More Housing Supply through Housing Innovation. The Budget includes $20 billion for competitive grants to incentivize State and local jurisdictions and tribes to expand supply. The grants will fund multifamily developments, including commercial-to-residential conversions and projects near transit and other community amenities; support planning and implementation grants to help jurisdictions identify and remove barriers to building more housing; launch or expand innovative housing models that increase the stock of permanently affordable rental and for-sale housing, including community land trusts, mixed-income public development, and accessory dwelling units; and construct and rehabilitate starter homes. This Budget also requests up to $100 million—$15 million over the FY23 enacted level—to continue the Pathways to Removing Obstacles to Housing program, which helps local governments to remove barriers to building more affordable housing. Increases Banks' Contributions Towards Building Affordable Housing. The President is proposing that each Federal Home Loan Bank double its annual contribution to the Affordable Housing Program,which will raise an additional $3.79 billion for affordable housing over the next decade and assist nearly 380,0000 households. These funds will support the financing, acquisition, construction, and rehabilitation of affordable rental and for-sale homes, as well as help low- and moderate-income homeowners to purchase or rehabilitate homes. Preserves Public Housing through Rehabilitation and Redevelopment. Over 1.7 million Americans live in public housing, and over half of those households are led by seniors or people with disabilities. The Budget proposes a one-time a one-time $7.5 billion investment to address the capital needs of more than a hundred thousand distressed public housing properties nationwide, which is on top of the recurring annual investments of$8.5 billion to enable public housing agencies to operate, maintain, and make capital improvements to the approximately 900,000 public housing units. Providing additional funds for public housing rehabilitation and modernization is critical to providing safe and sustainable living conditions for all - and to ensuring housing shortages aren't exacerbated. https://www.whitehouse.gov/briefs ng-room/statements-releases/2024/03/11/fact-sheet-the-presidents-budget-cuts-housing-costs-boosts-supply-and-ex... 3/9 3/15/24, 11:08 AM FACT SHEET:The President's Budget Cuts Housing Costs,Boosts Supply,and Expands Access to Affordable Housing I The Whi... Provides New Project-Based Rental Assistance (PBRA)for Extremely Low-Income households. Eleven million of the 44 million renter households in the U.S. have extremely low incomes—incomes at or below the Federal poverty level or 30% of the area median income. Producing and preserving housing that is affordable for those households—and ensuring rents remain affordable for those households—is a critical component of tackling the Nation's housing challenges that often requires additional subsidy. The Budget includes $7.5 billion in funding for new HUD Project- Based Rental Assistance (PBRA) contracts, which are long-term contracts with private for-profit or non-profit owners to rent new affordable housing units. These new contracts, in combination with other low-income housing programs and incentives, will attract development capital for the creation of new affordable homes for America's most vulnerable families. Increases the Supply of Affordable Housing Financed by Existing HUD programs. During the Biden-Harris Administration, HUD has allocated $4.35 billion in funding to build and preserve affordable rental homes and make homeownership a reality for thousands of families. In collaboration with states, cities, local elected officials, stakeholder organizations, and local community development partners, HOME has assisted over 45,000 households since 2021. The Budget provides $1.25 billion for the HOME Investment Partnerships Program (HOME) to construct and rehabilitate affordable rental housing and provide homeownership opportunities. This investment would help create or preserve 12,000 units of housing and provide more than 6,000 households with tenant based rental assistance. In addition, the Budget provides $931 million to support housing for older adults and $257 million to support housing for persons with disabilities. Supports Affordable Housing in Rural Areas. The Budget provides $2.1 billion for USDA's housing programs, an increase of$191 million over the 2023 enacted level, and continues the proposal to eliminate the low-income borrower penalty that requires individuals to repay subsidy costs for Single- Family Direct loans. Housing funding reflects the Administration's priority to preserve low-income multifamily (MF) housing in rural areas by increasing the MF Housing Preservation and Revitalization program to $90 million, $54 million over the 2023 enacted level, while maintaining the rest of the MF loan portfolio at the 2023 levels. The Budget also continues the proposal, known as decoupling, that incentivizes property owners to maintain https://www.whitehouse.gov/briefs ng-room/statements-releases/2024/03/11/fact-sheet-the-presidents-budget-cuts-housing-costs-boosts-supply-and-ex... 4/9 3/15/24, 11:08 AM FACT SHEET:The President's Budget Cuts Housing Costs,Boosts Supply,and Expands Access to Affordable Housing I The Whi... property for low-income tenants in exchange for the continued federal rental assistance after the USDA loan is paid off. The Administration also plans to explore updating the statutory definition of manufactured housing—for example, through amending the chassis requirement—with the goal of identifying options that could provide manufactured homebuilders with more design flexibility and consumers with more options beyond local site-built homes for single-family homes and accessory dwelling units. Makes Homeownership a Reality for Millions of First-Time and First- Generation Homebuyers Achieving and maintaining homeownership is the primary way that American families build wealth and create economic security. That's why the Administration implemented a series of measures that protected homeowners from foreclosure during the pandemic, including enhanced loan modifications to resolve delinquencies. In addition, the American Rescue Plan's Homeowner Assistance Fund has helped over 400,000 homeowners catch up on their mortgage payments and utility costs and avoid foreclosures. These actions have not just helped keep foreclosures below pre-pandemic levels,but have led there to be fewer foreclosures under President Biden than any President in recent history. In 2023, the Administration also lowered Federal Housing Administration annual mortgage insurance premiums by about one-third, saving more than 680,000 Americans—including many first-time homebuyers—an average of nearly $900 over the first year of their mortgages with continued savings in subsequent years. But limited inventory and high interest rates continue to make it difficult to become a homeowner for the first time and prevent existing homeowners from right-sizing their house to fit their households' evolving needs. That's why the Budget calls on Congress to: Provide Mortgage Payment Relief for First-time Homeowners. President Biden is calling on Congress to pass a Mortgage Relief Credit that would provide middle-class first-time homebuyers with a tax credit of up to $10,000, paid over two years. This is the equivalent of reducing the mortgage rate by 1.5 percentage points for two years on the median home, to help more https://www.whitehouse.gov/briefing-room/statements-releases/2024/03/11/fact-sheet-the-presidents-budget-cuts-housing-costs-boosts-supply-and-ex... 5/9 3/15/24, 11:08 AM FACT SHEET:The President's Budget Cuts Housing Costs,Boosts Supply,and Expands Access to Affordable Housing I The Whi... than 3.5 million middle-class families purchase their first home over the next two years. Provide Incentives to Unlock Starter Home Supply. Many existing homeowners have lower rates on their mortgages than current rates, making homeowners more reluctant to sell, even in circumstances where their current homes no longer fit their household needs. To unlock starter home inventory and allow middle-class families to move up the housing ladder and empty nesters to right size, the President is calling on Congress to provide a one-year tax credit of up to $10,000 to middle-class families who sell their starter home, defined as homes below the area median home price in the county, to another owner-occupant. This proposal is estimated to help nearly 3 million families. Launch a First-Generation Down Payment Assistance Program. The Budget provides $10 billion for a program to target down payment assistance to first-time homebuyers whose parents do not own a home and are at or below 120% of the area median income or 140% of the area median income in high-cost areas. This would help an estimated 400,000 homebuyers. Eligible activities would include costs in connection with acquisition such as down payment costs, closing costs, and costs to reduce the rates of interest on eligible mortgage payments. The Budget also includes up to $50 million for a HOME Down Payment Assistance Pilot that would reduce mortgage down payments for first-generation as well as low-wealth first-time homebuyers. Promotes Rental Affordability and Fairness,and Makes Progress Toward Universal Housing Vouchers for Extremely Low-Income Households While around 2.3 million low-income households receive rental assistance through the HUD Housing Choice Voucher (HCV) program, another roughly 10 million are eligible and do not receive assistance due to funding limitations and wait lists. The Administration has secured rental assistance for more than 100,000 additional households through the American Rescue Plan and the 2022 and 2023 appropriations bills.And in January 2023, the Administration announced a Blueprint for a Renters Bill of Rights, which enumerated principles to shape Federal, state, and local action, and announced agency commitments to strengthen tenant protections and encourage rental affordability. https://www.whitehouse.goy/briefing-room/statements-releases/2024/03/11/fact-sheet-the-presidents-budget-cuts-housing-costs-boosts-supply-and-ex... 6/9 3/15/24, 11:08 AM FACT SHEET:The President's Budget Cuts Housing Costs,Boosts Supply,and Expands Access to Affordable Housing I The Whi... But there is more work to do. The Budget includes a voucher guarantee for two population groups that are acutely vulnerable to homelessness: youth aging out of foster care and extremely low- income veterans. Between discretionary funding, program reserves, and these mandatory proposals, these vouchers would serve hundreds of thousands of additional households. The President's Budget: Creates a Housing Voucher Guarantee for Extremely Low-Income Veterans.An estimated 398,000 veteran renter households with extremely low incomes currently do not receive rental assistance and have what HUD terms "worst-case housing needs." These veterans: 1) have incomes that do not exceed the higher of the Federal Poverty Line or 30 percent of the Area Median Income; 2) either pay more than half of their income for rental costs or live in housing with severe problems such as faulty heating or plumbing; and 3) receive no housing assistance. Over a ten-year period, HUD would expand rental assistance to extremely low-income veteran families, starting with an allocation of 50,000 targeted vouchers in 2026 and paving a path to guaranteed assistance for all veterans in need by 2034. Creates a Housing Voucher Guarantee for Youth Aging out of Foster Care.Approximately 20,000 youth exit foster care annually, typically between the ages of 18 and 21, and these young people face greater obstacles to maintaining housing and experience higher rates of homelessness and housing instability compared to the general population. To ensure these young people are stably housed and better able to focus on their education or building a career during this difficult transition, HUD would provide guaranteed housing voucher assistance for all youth aging out of foster care beginning in 2026. Supports the HCV Program. The Budget provides $32.8 billion, an increase of$2.5 billion (including emergency funding) over the 2023 enacted level, and an increase of$7.0 billion, or 27 percent, since the start of the Administration. Continues to Invest in Fair Housing Programs. The Budget includes $86 million for targeted and coordinated fair housing enforcement, education, and outreach to prevent and redress housing-related discrimination. Advances Efforts to Prevent Evictions and End Homelessness hops://www.whitehouse.gov/briefing-room/statements-releases/2024/03/11/fact-sheet-the-presidents-budget-cuts-housing-costs-boosts-supply-and-ex... 7/9 3/15/24, 11:08 AM FACT SHEET:The President's Budget Cuts Housing Costs,Boosts Supply,and Expands Access to Affordable Housing I The Whi... During the pandemic, the Administration stood up a first-of-its-kind national eviction prevention infrastructure, which helped 8 million renter households at risk of eviction and kept evictions below pre-pandemic levels. In late 2022, President Biden released All In: The Federal Strategic Plan to Prevent and End Homelessness. The Administration's roadmap is not only about getting people into housing,but also ensuring that they have access to the support, services, and income that allow them to thrive. The plan focuses attention on homelessness prevention and actions to ensure an adequate and diverse stock of affordable housing, renter protections, and social service supports. The plan also seeks to promote and expand eviction-prevention reforms, including those advocated as part of the Biden Administration's implementation of the Emergency Rental Assistance program. The Budget seeks to continue the policies that are most effective in preventing avoidable evictions and help hard pressed American families stay in their homes, even during hard times. The President's Budget: Bolsters Efforts to Prevent and End Homelessness. To prevent and reduce homelessness, the Budget provides $8 billion for a grant program to rapidly expand temporary and permanent housing strategies for people experiencing or at risk of homelessness. Funds from this proposal would support non- congregate emergency shelter solutions, interim housing, rapid rehousing, permanent supportive housing, and rental housing for extremely low-income households experiencing housing instability or homelessness. The budget also provides over $4 billion in Homeless Assistance Grants, a $427 million increase from the 2023 enacted level and $1.1 billion, or 35 percent, above the 2021 enacted level. In addition, the Administration plans to use approximately $100 million in program recaptures to fund coordinated interventions to support nearly 11,000 additional homeless individuals and families. The Budget also provides $505 million for Housing Opportunities for Persons with AIDS, serving a population with a disproportionately high rate of homelessness and providing a critical link to services. Supports, Solidifies, and Encourages State and Local Reforms to Avoid Evictions. The Administration stood up a historic national eviction prevention infrastructure during the pandemic, helping keep eviction filings 20%below historical averages, even after the eviction moratorium ended. The Budget provides $3 billion to build on these efforts, with a focus on upstream prevention and eviction diversion, improving renters' access to https://www.whitehouse.gov/briefing-room/statements-releases/2024/03/11/fact-sheet-the-presidents-budget-cuts-housing-costs-boosts-supply-and-ex... 8/9 3/15/24, 11:08 AM FACT SHEET:The President's Budget Cuts Housing Costs,Boosts Supply,and Expands Access to Affordable Housing I The Whi... resources, and making the legal process for renters fairer. This funding can be used to develop or implement policy reforms and program improvements such as providing emergency rental assistance or other forms and new models of rent relief, and expanding access to legal counsel, housing counselors, and court navigators. The Budget also includes an additional $10 million for HUD's Eviction Protection Grant Program, which provides legal assistance to low-income tenants at risk of or subject to eviction and has served over 25,000 households. Creates More Housing Stability for Older Adults. To counteract the growing numbers of older adults who are experiencing homelessness or at risk of homelessness, the Budget includes a $3 billion grant program to help communities provide targeted support for older adults in unstable housing situations and support those currently experiencing homelessness. Eligible uses include short- or longer-term cash assistance to cover rental arrears or other housing costs to prevent eviction, emergency home modification or emergency relocations, provide resources to help cover unexpected financial shocks (e.g., medical/health costs), and other legitimate needs determined by the grantee. ### https://www.whitehouse.gov/briefing-room/statements-releases/2024/03/11/fact-sheet-the-presidents-budget-cuts-housing-costs-boosts-supply-and-ex... 9/9 EXHIBIT E COVER SHEET FOR FILING CIVIL ACTIONS Case No. ez zgoo/43/ COMMONWEALTH OF VIRGINIA (CLERK'S OFFICE USE ONLY) Alexandria Circuit Court The Coalition For A Livable Alexandria,et al. v./M re: City of Alexandria,et al. PLAINTI FFIS) DEFENDANT(S) I,the undersigned[ ] plaintiff[ ]defendant[x]attorney for[x]plaintiff[ ]defendant hereby notify the Clerk of Court that I am filing the following civil action.(Please indicate by checking box that most closely identifies the claim being asserted or relief sought.) GENERAL CIVIL ADMINISTRATIVE LAW PROBATE/WILLS AND TRUSTS Subsequent Actions (4 Appeal/Judicial Review of Decision of [ ] Accounting [ ] Claim Impleading Third Party Defendant (select one) [ ] Aid and Guidance [ ]Monetary Damages [ ] ABC Board [ ] Appointment(select one) [ ]No Monetary Damages [ ] Board of Zoning [ ] Guardian/Conservator,,,, --, [ ] Counterclaim [ ] Compensation Board [ ] Standby Guardian/Codsefvator. [ ] Monetary Damages [ ] DMV License Suspension [ ]Custodian ec4ssor Custodian-(UTMA) [ ]No Monetary Damages [ ] Employee Grievance Decision [ I Trust(select-one) [ ] Cross Claim [ ] Employment Commission [ ] Impress/Declare%Create ' [ ] Interpleader octocal Government [ ] Reformation - • — [ ] Reinstatement(other than divorce or r] Marine Resources Commission [ I Will(select-one) --I driving privileges) [ ] School Board [ ]Constnie --, [ I Removal of Case to Federal Court [ ] Voter Registration [ ]Contested . r • Business&Contract [ I Other Administrative Appeal 1 r,) [ I Attachment MISCELLANEOUS — ,_ [ I Confessed Judgment DOMESTIC/FAMILY [ ] Amend DeatH Certificate [ I Contract Action [ ] Adoption [ ] Appointment(select one) [ I Contract Specific Performance [ ]Adoption—Foreign [ ]Church Trustee [ I Detinue [ ] Adult Protection [ I Conservator of Peace [ ] Garnishment [ ] Annulment [ ] Marriage Celebrant Property [ I Annulment—Counterclaim/Responsive [ ] Approval of Transfer of Structured [ ] Annexation Pleading Settlement [ ]Condemnation [ ] Child Abuse and Neglect—Unfounded [ ] Bond Forfeiture Appeal [ ] Ejectment Complaint D(] Declaratory Judgment [ I Encumber/Sell Real Estate [ ]Civil Contempt [ ] Declare Death [ ] Enforce Vendor's Lien [ ] Divorce(select one) [ ] Driving Privileges(select one) [ I Escheatment [ ]Complaint—Contested' [ ] Reinstatement pursuant to§46.2-427 [ I Establish Boundaries [ ] Complaint—Uncontested* [ ] Restoration—Habitual Offender or 3rd [ ] Landlord/Tenant [ I Counterclaim/Responsive Pleading Offense [ ] Unlawful Detainer [ ] Reinstatement— [ ] Expungement [ ] Mechanics Lien CustodyNisitation/Support/Equitable [ ] Firearms Rights—Restoration [ ] Partition Distribution Title [ I Forfeiture of Property or Money [ I Quiet [ ] Separate Maintenance [ ] Freedom of Information [ ] Termination of Mineral Rights [ I Separate Maintenance Counterclaim [ I Injunction Tort [ ] Interdiction [ ] Asbestos Litigation WRITS [ ] Interrogatory [ ] Compromise Settlement [ ]Certiorari [ ] Judgment Lien-Bill to Enforce [ ] Intentional Tort [ ] Habeas Corpus [ ] Law Enforcement/Public Official Petition [ I Medical Malpractice [ I Mandamus [ ] Name Change [ ] Motor Vehicle Tort [ ] Prohibition [ ] Referendum Elections [ ] Product Liability [ ]Quo Warranto [ ] Sever Order [ ] Wrongful Death [ ] Taxes(select one) [ I Other General Tort Liability [ ] Correct Erroneous State/Local [ I Delinquent [ ] Vehicle Confiscation [ ] Voting Rights—Restoration [ ] Other(please specify) [ I Damages in the amount of S 0.00 /�are claimed. 01/17/2024 (, `, 7 ....j"--• DATE IrI PLAINTIFF I I DEFENDANT ATTORNE FOR I I PLAINTIFF Alexander Francuzenko �°96.>r I I DEFENDANT PRINT NAME 3050 Chain Bridge Road,Suite 200,Fairfax,VA 22030 *"Contested"divorce means any of the following matters are in ADDRESS/IELEPHONE NUMBER OF SIGNATOR dispute: grounds of divorce,spousal support and maintenance. 703-865-7480 child custody and/or visitation,child support,property distribution alex@cookeraig.com or debt allocation. An`"Uncontested"divorce is filed on no fault grounds and none of the above issues are in dispute. EMAIL ADDRESS OF SIGNATOR(OPTIONAL) FORM CC-I416(MASTER)PAGE ONE 07/16 VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF ALEXANDRIA THE COALITION FOR A LIVABLE ALEXANDRIA • 3008 DARTHMOUTH RD., • ALEXANDRIA, VA 22314 • • PHYLIUS BURKS, • 1027 WOODS PL., • ALEXANDRIA, VA 22301 ; • • JOYCE PASTORE, • 202 EAST LURAY AVE., • ALEXANDRIA,VA 22301 • • • WILLIAM CORIN, ,• 3208 CIRCLE HILL RD., : ALEXANDRIA, VA 22305 j ;� • • DAVID & MEGHAN RAINEY ; 3206 CIRCLE HILL RD., ; ALEXANDRIA,VA 22305 • �- T • JOSHUA & MARIA CARIAS PORTO, I CD 5110 ECHOLS AVE., ALEXANDRIA, VA 22311 • • JIMM ROBERTS, • 2916 DARTMOUTH RD., • ALEXANDRIA, VA 22314 • • JOHN E. CRAIG, • 627 NORTH WEST STREET • ALEXANDRIA, VA 22314 • • Plaintiffs, • • v. : Civil Action No. 2 yoo/03y CITY OF ALEXANDRIA, • Serve: Cheran Cordell Ivery—City Attorney : 301 King Street, Suite 1300 Alexandria, VA 22314 • ALEXANDRIA CITY COUNCIL • Serve: Mayor Justin Wilson • Alexandria Municipal Building • 301 King Street, Alexandria,VA 22313 • • PLANNING COMMISSION, Serve: Cheran Cordell Ivery—City Attorney: 301 King Street, Suite 1300 Alexandria,VA 22314 • Defendants. • COMPLAINT FOR DECLARATORY RELIEF COME NOW the plaintiffs,The Coalition for A Livable Alexandria(CLA), Phylius Burks, Joyce Pastore, William Corin, David & Meghan Rainey, Joshua & Maria Carias Porto, Jimm Roberts,and John Craig,,by and through their undersigned counsel,Alexander Francuzenko,Esq., Broderick C.Dunn, Esq.,Philip C. Krone,Esq.,John David Coker, Esq.,and the law firm of Cook Craig& Francuzenko,PLLC,and challenge the validity of the Ordinance No. 5514 and Ordinance No.5515 asking this Court for declaratory judgment against the Defendant,the City of Alexandria, Virginia, (the "City")Alexandria City Council (the "City Council"), and the Alexandria Planning Commission(the"Planning Commission") on the following issues: JURISDICTION AND VENUE 1. This Court has jurisdiction over the Defendants and the venue is proper pursuant to Va. Code § 8.01-184. PARTIES 2. Plaintiff The Coalition for A Livable Alexandria (CLA) is a 501(c)(4) Virginia nonstock corporation. 3. Plaintiff Phylius Burks is an adult resident of the Commonwealth of Virginia who resides at 1027 Woods PL,Alexandria, VA 22302 Page 2 of 17 4. Plaintiff Joyce Pastore, is an adult resident of the Commonwealth of Virginia who resides at 202 East Luray Ave,Alexandria, VA 22301 5. Plaintiff William Corin is an adult resident of the Commonwealth of Virginia who resides at 3208 Circle Hill Rd.,Alexandria, VA 22305. 6. Plaintiffs David Rainey and Meghan B. Rainey are adult residents of the Commonwealth of Virginia who reside at 3206 Circle Hill Rd.,Alexandria,VA 22305. 7. Plaintiff Joshua Porto and Maria Carias Porto are adult residents of the Commonwealth of Virginia residents of Alexandria who reside at 5110 Echols Ave, Alexandria, VA22311. 8. Plaintiff Jimm Roberts is a resident of Alexandria who resides at 2916 Dartmouth Rd.,Alexandria, VA 22314. 9. Plaintiff John Craig is an adult resident of the Commonwealth of Virginia who resides at 627 North West Street,Alexandria,VA 22314. 10. Plaintiffs purchased their houses in Alexandia neighborhoods zoned for single- family houses because of the low population density, quiet atmosphere, green space, trees, proximity to nature habitat, ample parking, and reduced traffic. 11. Defendant, the City of Alexandria is the local municipality established by Charter of the Virginia General Assembly. 12. The Defendant, the City Council of Alexandria, is the governing body of the City of Alexandria, Virginia. The City Council has the power to adopt by ordinance a master plan for the physical development of the city,pursuant to § 9.01, et seq., of the City Charter of Alexandria. The City Council has the power to adopt by ordinance a comprehensive zoning plan designed to, among other things, lessen congestion in streets, promote health, sanitation and general welfare, Page 3 of 17 avoid undue concentration of population,and preserve existing and facilitate the provision of new housing that is affordable to all segments of the community pursuant to § 9.09 of the City Charter of Alexandria. 13. The Defendant, the Alexandria Planning Commission, was established pursuant to City Charter§9.02,The Alexandria City Planning Commission has the duty to prepare and submit to the City Council a comprehensive zoning plan for the City of Alexandria pursuant to § 9.11 of the City Charter of Alexandria. FACTUAL ALLEGATIONS 14. On December 16, 2023, the Alexandria City Council adopted and incorporated an ordinance to amend and reordering the Master Plan of the City of Alexandria (the "Zoning Amendments"). 15. The Zoning Amendment was put forward by Alexandria's Department of Planning and Zoning and adopted at the December 16,2023 City Council meeting. 16. This included"Zoning for Housing/Housing for All grew out of the 2020 expansion of City forecasts for housing production and affordability. Zoning for Housing is a comprehensive proposal of zoning reforms with the goal of expanding housing production and affordability and addressing past and current barriers to equitable housing access. Housing for All is the equity component of Zoning for Housing, and it explores the extent of past discriminatory housing policies and the impacts that may continue today, especially on people of color and/or low- income." 17. The Zoning Amendments initiative included a package of specific land-use proposals in: Single-Family Zoning;Removal of Restrictive/Exclusionary barriers from the zoning code; Expanded Transit-Oriented Growth; Industrial Zones; Coordinated Development Districts Page 4 of 17 (CDDs); Inclusionary Zoning; Townhouse Zoning; Property Conversions; Expansion of the Residential Multi-Family Zone (RMF). 18. The information on proposed ordinance summary for Ordinance No. 5514 states, "The proposed ordinance accomplishes the final adoption of Master Plan Amendment No. 17 2023-00005 to (1) amend the following sentence wherever it occurs, from "Areas of the City currently zoned residential should remain zoned for residential use at no higher than their current density"to"Areas of the City currently zoned residential should remain zoned for residential use;" (2) incorporate the following notes in all Master Plan chapters: "References to low density will continue to refer to development configuration that limits overall building height and lot coverage compatible with the existing neighborhood" and "Ensure race and social equity is `incorporated and centered in all planning' per City Council's Resolution 2974 including, but not limited to, all references to preserving and protecting neighborhoods and character"; and(3)amend the Housing Master Plan,Zoning Tools Section, Page 107, to add a statement supporting use of the Residential multifamily/RMF zone in areas planned and/or zoned for medium or higher density development and other potentially suitable locations approved by the City Council on November 28, 2023." 19. The information on proposed ordinance summary for Ordinance No. 5515 states, "The proposed ordinance accomplishes the final adoption of Text Amendment No. 2023-00007 21 to adopt the following zoning for housing/housing for all amendments: (1) Expanding Housing Opportunities in Single-family Zones: amend the R-20, R-12, R-8, R-5, and R-2-5 zones to increase the number of housing units permitted; amend lot and yard requirements 24 in the R-2-5 zone for two-unit dwellings; amend Article VIII to reduce minimum parking requirements, and amend Article XII to exempt lots developed with small scale multi-unit dwellings from site plan requirements; amend the limitation on occupancy limits per unit to allow the same number of Page 5 of 17 occupants allowed by the building code; and delete "rooming house" definition and regulations. (2) Industrial Zone: add standards for ground floor uses and limitations on locations of vehicular entrances and parking and loading spaces (3) Residential 30 Multifamily Zone: allow neighborhood-serving commercial uses as permitted and special uses (4) Historic Development Patterns: in all zones that allow multi-unit dwellings,amend yard and open space requirements for multi-unit uses, delete maximum dwelling units per acre and minimum lot size requirements for multi-unit uses, and delete zone transition setback requirement and require compliance only with other supplemental yard and setback regulations. (5) Townhouses: amend yard, bulk, and open space requirements for single-unit, two-unit, and townhouse dwellings in all zones that allow townhouses; amend lot requirements in the CL, CC, CSL, CG, CD-X, OC, OCM-50, OCM-100, OCH, CRMU-L, CRMU-M, CRMU-H, CRMU-X, and W-1 zones for two-unit dwellings; delete noncomplying provisions in the RA,RB,and RM zones; and create new provisions that allow RM development rights to single-unit,40 two-unit, and townhouse dwellings on certain lots outside of the RM zone." 20. The Zoning Amendments, as adopted, will rezone and allow plots of land that are currently zoned for single family homes ("Single-Family Zones") to be replaced, by right, with "multi-unit" buildings on the same footprint. The change will allow multi-unit dwellings up to four-unit dwellings on plots of land as small as 5,000 square feet.' Lots of land ranging from 5,000 sq. ft. to 20,000 sq. ft. are treated exactly the same, with the "permitted uses" being a single-unit dwelling, two-unit dwelling, or multi-unit dwelling up to four units." 21. "Zoning for Housing has three goals in mind:(1)to expand geographic accessibility to new housing opportunities; (2) to expand affordability; and (3) to expand availability of new https://alexandria.legistar.com/LegislationDetail.aspx?ID=6448306&GUID=I2E57F2F-AD 15-40AA-8BBD- 24EEC8E96063.last accessed on January 15,2024. Page 6 of 17 housing opportunities in terms of choice of price points, typologies, and tenures. Between 2021 and 2022, three of twelve Zoning for Housing reforms were adopted by City Council, following community engagement processes." 22. As it relates specifically to "Expanding Housing Opportunities within Single- family Zones Zoning Reform" the purpose "consists of changes to the Zoning Ordinance to broaden access to traditionally single-family neighborhoods"to help address Alexandria's housing affordability challenges and reverse generational impacts. 23. The recommendation adopted by City Council "is to:(1) add the opportunity to construct two-unit, three-, and four-unit dwellings in the R20, R12, R8, R5 zones and three and four units in the R2-5 zone, resulting in an estimated 66 new residential buildings containing an estimated 178 units developed over a 10-year period; (2)delete the definition of"family"from the Zoning Ordinance, shifting away from a land use emphasis that limits the composition of dwelling occupants to ensuring the health and safety regulations of the state building code are met; and (3) amend the parking regulations to achieve: (a)no minimum parking requirements for dwellings up to four units within the Enhanced Transit Area and (b) a minimum of 0.5 parking spaces per unit for dwellings up to four units outside of the Enhanced Transit Area. There is an identified phase 2 as a proposed continuation of this reform." 24. The Zoning Amendments, as adopted,however, do not reflect the stated purpose. 25. Instead, the Zoning Amendments make traditional single-family neighborhoods more accessible to developers,who are likely the ones that have benefited from those generational impacts. Page 7 of 17 26. If taken advantage of, the Zoning Amendments will undeniably allow for development that will achieve higher density through increased housing diversity in current low- density areas. 27. The studies done for the Housing Opportunities in Single Family Zones Zoning Reform only relate to the economic feasibility of development, whether the changes will impact the developers'market. Essentially,the study is a"10 ways to snag a developer"click-bait article. 28. It fails to provide any insight, projections, or substance as to what the purchasing and rental market will look like after development. 29. There are no studies and there is no factual basis that higher density amounts to cheaper housing or resident diversity. 30. Moreover,the studies as to the developer market seemingly indicate that when land value is high developers are more likely to develop for luxury to increase profits. 31. Brand new luxury higher-density housing at an affordable price is not even a dream, it is an outright delusion. 32. In other words, the purpose of the Zoning Amendments is not to broaden access to traditionally single-family neighborhoods and to create affordable housing reversing generational impacts, but to simply create more housing — not affordable housing and not homeowners — by sacrificing the single-family home in Alexandria. This is unreasonable. 33. City Council and the Planning Commission's failure to offer studies that show how sacrificing low density housing areas for higher density housing areas will create more affordable housing and more housing opportunities for diverse groups of people is unreasonable. 34. City Council and the Planning Commission's failure to offer studies regarding the impact of increased density in an area that has developed and sustained as low density as it relates Page 8 of 17 to the traffic, schools, community resources, emergency response, sewage, and flooding is unreasonable. 35. This is contrary to the power vested by the Alexandria City Charter§9.09"to adopt by ordinance a comprehensive zoning plan designed to lessen congestion in streets, secure safety from fire,panic and other danger,promote health,sanitation and general welfare,provide adequate light and air,prevent the overcrowding of land,avoid undue concentration of population, facilitate public and private transportation and the supplying of public utility services and sewage disposal, preserve existing and facilitate the provision of new housing that is affordable to all segments of the community, and facilitate provision for schools, parks, playgrounds and other public improvements and requirements." 36. Plaintiffs purchased their properties because the land use was as a single-family residence in quiet, low-density neighborhoods suitable for young children with low traffic volumes, adequate public facilities and parking, and denser tree canopies, and in reliance on low- density zoning that for decades honored the City's Comprehensive Plan's commitment to a diversity of density in districts and the preservation low-density areas. 37. The Zoning Amendments will deprive them of that. 38. Only high-income individuals and families will benefit from these changes as the anticipated units, while more dense than single-family homes, will be priced well above what is affordable to residents earning the average incomes in this region. 39. Ostensibly, City Council summarily concluded without the benefit of studies that, despite the increased density permitted by the proposed Zoning Amendment, it would have minimal effects on the surrounding properties, neighborhoods, utilities, and services in the previously Single-Family Zones. Specifically, City Council concluded "Single-Family Zones: Page 9 of 17 Allow up to 4 units within current development envelope in zones that are currently limited to single family detached dwellings. Units: Approximately 150-178 units over 10 years on 66 parcels. The potential increase in use of the transportation network,water and sewer systems,open space network, and public school system is extremely minor." 40. Although City Council and the Planning Commission was required to consider the Comprehensive Plan under,City Council and the Planning Commission could not have considered all the elements of the Comprehensive Plan because there is no indication that any studies regarding these other elements were conducted, and the other elements were not updated to incorporate the intense population density increase permitted by-right by the Zoning Amendments. 41. There is no indication that City Council and the Planning Commission conducted sufficient studies for reasonable consideration of the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies and the community's transportation,schooling,recreational areas,and public services requirements. 42. There is no indication that City Council and the Planning Commission addressed the increased strain on the City's sanitary sewer, energy, and water distribution systems that will be caused by the Zoning Amendments'increase in by-right development of multiplexes will further stress the systems without requiring the necessary upgrades. 43. There is no indication that City Council and the Planning Commission commissioned or conducted appropriate and requisite studies and planning to mitigate the Zoning Amendment's increased burden on already overburdened schools and other public facilities, parking and traffic congestion in residential, low-density neighborhoods, flooding and associated Page 10of17 stormwater drainage issues, sanitary sewer overflow, and tree canopy degradation, among other things. 44. The Zoning Amendment will increase taxes due to the Virginia Constitution's requirement that taxation be assessed at 1000/4 of the property's fair market value. Houses will invariably be valued at higher rates because of the higher multiplex use authorized, and these increased taxes will burden low and fixed-income homeowners closest to the margins. 45. Moreover, developers will purchase more affordable single-family dwellings to build expensive multiplexes, keeping them out of reach for many Alexandrians. 46. The Zoning Amendments do not promote the original goals, the newly developed units will not improve access to affordable housing, and it will not improve diversity of residents. 47. For Plaintiffs, the Zoning Amendments will adversely reconfigure the neighborhood, diminish qualify of life and happiness, cause sewage issues, increase taxes, overcrowd schools, increase traffic, increase noise, diminish green and open space,create parking issues, increase density, increase gentrification, and burden first responders the neighborhood relies on. 48. For the Plaintiffs whose American Dream it was be landowners and own a single- family home and for those Alexandrian's whose dream it may still be,the Zoning Amendment tells them, "if you don't like it, then go somewhere else." COUNT I The Zoning Amendment is void ab initio because City Council and the Planning Commission acted ultra vires 49. The foregoing paragraphs are incorporated herein by this reference. Page 11 of 17 50. Localities may exercise only powers that are "expressly or impliedly granted to them." Town ofJonesville v. Powell Valley Village Ltd. P'ship, 254 Va. 70,74,487 S.E.2d 207,210 (1997). 51. City action not authorized by statute or charter is ultra vires and void ab inilio.See id. 52. Section § 9.09. of the City Charter provides that In addition to the powers granted elsewhere in this charter, the council shall have the power to adopt by ordinance a comprehensive zoning plan designed to lessen congestion in streets, secure safety from fire, panic and other danger, promote health, sanitation and general welfare, provide adequate light and air, prevent the overcrowding of land, avoid undue concentration of population, facilitate public and private transportation and the supplying of public utility services and sewage disposal, preserve existing and facilitate the provision of new housing that is affordable to all segments of the community, and facilitate provision for schools, parks, playgrounds and other public improvements and requirements. The comprehensive zoning plan shall include the division of the city into zones with such boundaries as the council deems necessary to carry out the purposes of this charter and shall provide for the regulation and restriction of the use of land, buildings and structures in the respective zones . . . . 53. City Council and the Planning Commission failed to consider the Comprehensive Plan, which includes the Stormwater Master Plan, the Master Transportation Plan, the Sanitary Sewer System Master Plan, Recycling Program Implementation Plan, Public Spaces Master Plan, the Community Energy Plan,and the Water Distribution Master Plan, among others. 54. Under City Charter§ 9.01,et seq.,City Council and the Planning Commission must reasonably consider the Comprehensive Plan when drawing and applying zoning ordinances. 55. "A comprehensive plan provides a guideline for future development and systematic change, reached after consultation with experts and the public. `[T]he Virginia statutes assure [landowners] that such a change will not be made suddenly, arbitrarily, or capriciously but only after a period of investigation and community planning.' Town of Jonesville, 254 Va. at 76, 487 Page 12 of 17 S.E.2d at 211 (quoting Bd ofSupervisors of Fairfax Cnty. v. Snell Constr. Corp.,214 Va. 6S5,6S8, 202 S.E.2d 889,892 (1974)). 56. Without adequate studies or investigations, the Comprehensive Plan could not be updated, and the Plan's elements could not address what is otherwise a drastic increase in density in formerly low-density areas. 57. The Zoning Amendments as it relates to the Single-Family Zones are unrelated to the powers bestowed by the Charter, so the actions of City Council and the Planning Commission were ultra vires. 58. City Council and the Planning Commission gave no consideration for the exiting use and character of the property as it relates to the Single-Family Zones. 59. As a result, City Council and the Planning Commission failed to abide by and comply with its enabling legislation in enacting the Zoning Amendment 60. The City Council and the Planning Commission acted outside the scope of its express and implied power to amend zoning ordinances. 61. Because City Council and the Planning Commission enacted the Zoning Amendment ultra vires, the Zoning Amendment is void ab initio. WHEREFORE, Plaintiffs respectfully request this Court find that City Council and the Planning Commission acted beyond the authority under the City Charter and violated City Charter § 9.01, et seq., and as such, further find and declare that City Council's and the Planning Commission's approval of the Zoning Amendment in contravention of its enabling authority ultra vires,and thus, the Zoning Amendment is void ab initio. COUNT II The Zoning Amendments are arbitrary and capricious and bear no reasonable relationship to public health. safety,morals, or general welfare Page 13of17 62. The foregoing paragraphs are incorporated herein by this reference. 63. City Council and the Planning Commission may amend zoning ordinances so long as the amendment is reasonable, not arbitrary or capricious,and bears a"reasonable or substantial relation" to powers granted by the City Charter to promote the public health, safety, morals, comfort,prosperity, or general welfare. See Norton v. Bd. of Sup'rs of Fairfax Cnty.,299 Va. 749, 8S8 S.E.2d 170, 173 (2021) (citing Bd. of Cnty. Sup'rs of Fairfax Cnty. v. Carper, 200 Va. 653, 660, 107 S.E.2d 390, 395 (1959)). 64. The stated purpose of the Zoning Amendments was to diversify housing types and provide more affordable housing options than the current single-family housing market, while addressing Alexandria's housing affordability challenges and reverse generational impacts. 65. City Council and the Planning Commission's proffered study addressed the feasibility of different housing types within low-density neighborhood lot requirements and what would entice developers but then concluded without the benefit of any other studies that the Zoning Amendments would minimally affect surrounding properties, neighborhoods, utilities, services, and infrastructure despite drastically increasing population density in formerly low-density neighborhoods. 66. The Zoning Amendment does not serve the goals outlined by City Council and the Planning Commission. 67. The Zoning Amendments sabotage the goals the Zoning Amendments claim to achieve such as racially exclusive policies, diversity, gentrification, housing affordability, and housing-type diversity. 68. There is no indication that City Council and the Planning Commission reasonably considered the basic statutory requirements outlined in City Charter § 9.01, et seq., such as Page 14 of 17 transportation requirements, schools, recreation areas and parks, public services, natural resource conservation, flood plain preservation,and property conservation. 69. Similarly,City Council and the Planning Commission did not design the ordinance to give reasonable consideration to the factors outlined in City Charter § 9.01, et seq. 70. There is no indication that City Council and the Planning Commission reasonably investigated the basic considerations of modern urban planning when population density is drastically increased by right, such as impacts on stormwater management, flooding, sanitary sewer and waste removal systems, water supply, traffic congestion, and tree canopy depletion. 71. Due to the lack of consideration, study, and planning, the Zoning Amendment is unreasonable, arbitrary and capricious, and bears no reasonable or substantial relation to public health, safety, morals, or general welfare. 72. Rather,the Zoning Amendment will worsen the health, safety, morals, and general welfare of Plaintiffs and Alexandrians. WHEREFORE,Plaintiffs respectfully request this Court find that the City Council and the Planning Commission's enactment of the Zoning Amendments was arbitrary and capricious and not reasonably related to public health, safety, morals, and general welfare and thus is void ab initio. COUNT III The Zoning Amendments were enacted without proper notice • 73. The foregoing paragraphs are incorporated herein by this reference. Page 15 of 17 74. Upon information and belief, City Council and the Planning Commission did not comply with Section 11-3012 and Section 11-3023 of the City of Alexandria Zoning Ordinance when giving notice as to the public hearings regarding Ordinances 5514 and 5515. WHEREFORE, Plaintiffs respectfully request this Court find that the City Council and the Planning Commission's Zoning Amendments are invalid for failure to comply with Section 11- 301 and Section 11-302 of the City of Alexandria Zoning Ordinance and are void ab initio. COUNT IV The Zoning Amendments violate the Constitution of Virginia 75. The foregoing paragraphs are incorporated herein by this reference. 76. The Zoning Amendments violate Article I Section 1 of the Constitution of Virginia because it deprives Plaintiffs of equal protection as it treats similarly situated single-family homeowners of land with restrictive covenants which prevent development under the Zoning Amendments differently than the Plaintiffs. 77. The Zoning Amendments violate Article I Section 11 of the Constitution of Virginia because they deprive the Plaintiffs of the use of their property as it was purchased; single-family homes in the Single-Family Zones. 78. The Zoning Amendments violate Article I Section 1 of the Constitution of Virginia because it deprives Plaintiff Phylius Burks, an African American, of equal protection by moving the goal post as to land ownership after Plaintiff Phylius Burks purchased a single-family home despite the generational impacts the Zoning Amendments claim to redress. Zhups://library.municode.com/va/alexandria/codes/zoning?nodeld=ARTXIDEAPPR DIVAADENORNOPUHE I1- 30 I RENO. 3https://library.municode.com/va/alexandria/codes/zoning?nodeld=ARTXIDEAPPR DIVAADENORNOPUHE I I -302NOREPAHE. Page 16 of 17 PRAYER FOR RELIEF Plaintiffs request that this Court declare: a. As to Count I, declare that City Council and the Planning Commission enacted the Zoning Amendment, Ordinances 5514 and 5515, ultra vires, and that they are void ab initio and invalid b. As to Count II, declare that City Council and the Planning Commission's enactment of Zoning Amendments, Ordinances 5514 and 5515,was arbitrary and capricious and not reasonably related to public health, safety, morals, and general welfare and thus they are void ab initio and invalid. c. As to Count II, declare that City Council and the Planning Commission failed to give proper notice under Sections 11-301 and 11-302 as it relates to Ordinances 5514 and 5515, and thus they are void ab initio and invalid. d. As to Count IV Zoning Amendments, Ordinance 5514 and 5515, are not valid because they violate Article I Section 1 and Article I Section 11 of the Constitution of Virginia. Respectfully submitted, C-12/L.. Alexander Francuzenko, VSB 3 0 Broderick Dunn VSB 74847 Philip C. Krone, VSB 87723 John David Coker VSB 92883 Cook Craig& Francuzenko, PLLLC 3050 Chain Bridge Road, Suite 200 Fairfax, VA 22030 Phone(703) 865-7480 Fax (703)434-3510 alexna,cookcraig.com pkronec cookcraig.com Counsel for Plaintiffs Page 17 of 17 3/16/24,12:09 PM Real Estate Strategies Update-"Inverse Condemnation"Explained<Articles<News<Kaufman&Canoles EXHIBIT F K A U F M A N ., C/\ Q aCTICES INDUSTRIES ATTORNEYS OFFICES Home > News > Articles > Real Estate Strategies Update—"Inverse Condemnation"Explained EMAIL PRINT SHARE Real Estate Strategies Update — "Inverse Condemnation" Explained By Real Estate Strategies Group, Eminent Domain 0 Eminent domain or condemnation relates to the power of the government and certain authorities to take() title to property needed for a public purpose.While eminent domain has received plenty of attention in the last several years in the wake of the Kelo case,what is a property owner to do when the government fails to exercise its power of eminent domain,yet property is'taken'or'damaged' by a public works project or the enactment of some regulation or restriction? In such an event,the remedy available to the landowner is through'inverse condemnation.' An inverse condemnation action is a proceeding based on a constitutionally created right connected to the 'taking'or'damaging'of property by the government.While sovereign immunity is often available to protect a government agency from suit or liability,federal and state constitutions provide a waiver of immunity where there is a'taking'of property,'damage'to property or both. The 5th Amendment to the United States Constitution and certain state constitutions provide that a landowner is entitled to be compensated for the detrimental impact of a public works project or regulation on his property only when part or all of the property is'taken.' However,Virginia's Constitution, like those in the majority of states, is much more expansive in scope.Article I, Section 11 of the Virginia Constitution provides that no'private property shall be taken or damaged for public uses,without just compensation.' Therefore, a Virginia property owner may be compensated if any of his property has been damaged by the public work or regulation, even though no part of his property has been taken. Inverse condemnation claims may result from a nearby public project that causes impairment or loss of access, a change in the grade of the adjacent property, impairment of visibility to or from the property, land subsidence(sinking), loss of adjacent or subjacent support,flood damage, landslide or physical occupation of the property. Access to and from the property is a private property right enjoyed by abutters of public roads.This right of access is not the mere right of going out from your home or place of business and later returning to your property, but includes a certain convenience in the use of your property. If a landowner does not retain reasonable access after a public project or regulation,the loss or impairment of access must be compensated under Virginia's Constitution. Privacy-Terms https://www.kaufcan.com/news/articles/real-estate-strategies-update-inverse-condemnation-explained/ 1/5 3/16/24, 12:09 PM Real Estate Strategies Update-"Inverse Condemnation"Explained<Articles<News<Kaufman&Canoles Similarly, change of grade of a roadway could be a constitutionally compensable damage claim to abutting property owners. In Hannah v. City of Roanoke,the Virginia Supreme Court considered whether an abutting landowner was entitled to compensation for damages resulting from a change in grade due to construction of a bridge. No private property was taken from the landowner and construction was done only within the City's right of way. Finding for the landowner,the Court concluded that'under the provision of the new Constitution, a condemnation proceeding could be maintained to assess the damage done to the property of another by the improvements where no part of such property was taken for the uses of the condemnor.' In addition to the United States Constitution and Article I, Section 11 of the Virginia Constitution, a property owner in Virginia can file a claim for inverse condemnation under Va. Code Ann. § 8.01-187.This section provides as follows: Whenever it is determined in a declaratory judgment proceeding that a person's property has been taken or damaged within the meaning of Article I, Section 11 of the Constitution of Virginia and compensation has not been paid or any action taken to determine the compensation within sixty days following the entry of such judgment order or decree, the court which entered the order or decree may, upon motion of such person after reasonable notice to the adverse party, enter a further order appointing condemnation jurors to determine the compensation. While referencing Virginia's Constitution,this code section does not disturb any constitutional rights or create a new obligation. It merely supplies a statutory remedy to supplement the remedies available to a property owner under the federal and state constitution. Inverse condemnation matters do have time limits that can affect a property owner's right to seek just compensation. Statute of limitations and other issues should be reviewed as promptly as possible by an attorney experienced in condemnation matters to ensure that rights are not forever lost, and attorneys'fees may be available to the owner under Virginia law. Mark A. Short is a partner in the firm's Newport News office. He focuses his practice in the area of property rights litigation and real estate transactions and finance. Mark can be reached at (757) 873.6351 or mashort@kaufcan.com. Real Estate Strategies Spotlight Paul W. Gerhardt is a partner in the firm's Williamsburg office and Co-Chairman of the firm's Real Estate Strategies Group. He has a broad commercial law practice, practicing primarily in the areas of strategic real estate planning and development, retirement and continuing care communities, entity selection, real estate transactions and finance, land use, leasing and lender representation. Paul can be reached at (757) 259.3860 or pwgerhardt@kaufcan.com. Hometown:Lynchburg, VA College: Washington&Lee University Law School: Washington&Lee University School of Law Last Book Read: "The River of Doubt: Theodore Roosevelt's Darkest Journey" https://www.kaufcan.com/news/articles/real-estate-strategies-update-inverse-condemnation-explained/ 2/5 3/16/24,12:09 PM Real Estate Strategies Update-"Inverse Condemnation"Explained<Articles<News<Kaufman&Canoles E. Duffy Myrtetus is a partner in the firm's Richmond office. His practice is focused on transactional and litigation matters related to the purchase, sale, lease,financing and development of real estate, and related mortgage/secured financing. Duffy can be reached at (804) 771.5750 or edmyrtetus@kaufcan.com. Hometown:Miami, FL College: University of Richmond Law School:St. Thomas University School of Law Last Book Read: "Undaunted Courage:Meriwether Lewis, Thomas Jefferson, and the Opening of the American West"by Stephen Ambrose Marina Liacouras Phillips is a partner in the firm's Norfolk office where her practice focuses on environmental and administrative law. Marina has extensive experience working through the maze of federal, state, and local environmental laws and regulations. Marina can be reached at (757) 624.3279 or mlphillips@kaufcan.com. Hometown: Philadelphia, PA College: University of Pennsylvania Law School.' Villanova University School of Law Last Book Read: "Three Cups of Tea"By Greg Mortenson&David Oliver Relin The contents of this publication are intended for general information only and should not be construed as legal advice or a legal opinion on specific facts and circumstances. Copyright 2024. hops://www.kaufcan.com/news/articles/real-estate-strategies-update-inverse-condemnation-explained/ 3/5 3/16/24, 12:09 PM Real Estate Strategies Update-"Inverse Condemnation"Explained<Articles<News<Kaufman&Canoles Search News By Attorney By Practice By Industries .... . ...... .... ( SEARCH j https://www.kaufcan.com/news/articles/real-estate-strategies-update-inverse-condemnation-explained/ 4/5 3/16/24, 12:09 PM Real Estate Strategies Update-"Inverse Condemnation"Explained<Articles<News<Kaufman&Canoles News • Press Releases • Articles OFFICES Chesapeake Richmond Newport News Tysons Corner Norfolk Virginia Beach Raleigh Williamsburg NEWSLETTER Name* Company Name* Email* SIGN UP f l in Copyright 1999-2024 Kaufman&Canoles, P.C.Ali Rights Reserved. Disclaimer https://www.kaufcan.com/news/articles/real-estate-strategies-update-inverse-condemnation-explained/ 5/5 Evelyn Slone Comments Proposed Zoning Reform Amendments City Council Public Hearing March 18,2024 Mayor Lea and Members of City Council, • I am before you today as a previous city planner and director who spent approximately twenty years working with Roanoke citizens, administrators to carefully pursue plans, public policies, and regulatory measures intended to achieve community revitalization, growth, and progress for Roanoke's citizens,businesses, and neighborhoods. • In late February,I provided city staff, the Planning Commission, and City Council with a detailed written commentary (2-27-2024) opposing changes to the proposed residential densities and providing background information on previous planning and zoning amendments that encouraged investment in Roanoke's established neighborhoods. I want to ensure that this information is included as part of the public record.And, Specifically,I want to note that these previous amendments reversed many of the urban renewal policies of the 1960s that encouraged redevelopment and increased residential densities. • I am opposed to the Zoning Reform measures before you today. • The zoning amendments are inappropriate for Roanoke,especially with respect to drastic changes in increased densities (3-5 times more than what is permitted today).The changes do NOT reflect or reinforce the type of development present or desired in Roanoke's neighborhoods. They will not promote affordable housing or improve quality housing choices.They will result in an unhealthy balance of renter-occupied and owner-occupied housing which is an essential foundation for quality neighborhoods and the health and welfare of residents. • These changes will result in future problems for Roanoke's central,historic and poorer neighborhoods where the large houses and older housing stock that exist will either be (1) converted to a significant number of multiple dwellings operated by absentee landlords,or(2) demolished because the land on which they exist will be more valuable for redevelopment for a larger number of dwelling units. • The examples that are being used-Arlington County and Charlottesville,Virginia-are very different from Roanoke. • Roanoke's residential districts are not"exclusionary".In fact,they already provide a diverse choice of housing types. 1 Evelyn Slone Comments Proposed Zoning Reform Amendments City Council Public Hearing March 18,2024 o According to the City's Zoning Map 2024, at least 60%or more of Roanoke, and most of the central city is zoned for many types of residential units or mixed used development that allows for diverse housing choices. o These central neighborhoods include Raleigh Court, Old Southwest, Southeast, Gainsboro,Melrose,Williamson Road, and Northeast.They are mostly zoned RM, Mixed Residential and consist of typically small lots,50x100 or 5,000 square feet and are "built" neighborhoods with significant and contributing architectural and historic features. • The 2020 Citywide Housing Plan recognized the housing choice differences and successes of Roanoke's neighborhoods and made valid recommendations for addressing housing issues that are very different from what is proposed. o P.43 - "In the City of Roanoke, 65%of the residential units were single family detached structures...Roanoke's housing stock has a much more diversified mix than many other locations in the region. While it does have a lower percentage of single-family homes, it instead offers a wider range of housing choices from attached single family to duplex to mid-scale multifamily and even larger scale multifamily... The historical development pattern combined with a more than urban built fabric has allowed Roanoke to create and maintain a fairly diverse stock of building types and units." o P. 85-"The city's zoning ordinance allows a wide range of housing types across many different zoning districts with favorable lot sizes, lot coverage, and heights that generally match the historic development patterns of neighborhoods...there may be a need for the city to revisit zoning regulations and permitting process to look for ways to offset the inclusion of affordable units through mechanisms like a density bonus, expedited permitting, or reduced fees." o P. 86-"To address housing issues ... raising additional funds, leveraging resources, or reallocating existing funding ... seek a larger partnership between government, philanthropy and the private sector ... work collaboratively to invest in larger,more complex community and economic development solutions." o P. 87-96-"consider zoning changes that allow and potentially incentivize new housing types where appropriate.... zoning changes should respond to resident needs and desires for new housing types and structures that provide additional housing choices,yet are still compatible with the built environment in which they are placed...accessory dwelling units, missing middle income housing choices ... using pre-approved designs for alternate housing types to ensure new residential structures are integrated into neighborhoods... inclusionary housing policies and 2 Evelyn Slone Comments Proposed Zoning Reform Amendments City Council Public Hearing March 18,2024 implementation measures and tools to advance affordable housing ... density bonuses, monetary contributions to housing trust fund ... set asides of affordable housing as part of a development project,financial incentives ... housing trust fund...residential rehab program ..." • The proposed development standards outlined in the amendments are marginal for ensuring compatibility and fit within the existing built neighborhoods. o The text standards deal with simple window and door openings facing the street. o Most communities achieve design compliance using an illustrated "form-based" code that is strategically applied to a specific area and tailored architectural standards that are desired and applicable to that area. o While application of the Neighborhood Design District in some areas may provide additional oversight for compatibility, these standards are also simplified and are not comparable to detailed standards associated with architectural details that are important. • In summary, I understand the need for expanding housing choices in neighborhoods, encouraging quality new development on underutilized land,and the need for updating definitions. However, the proposed amendments are not a"good fit" for Roanoke and they do not reflect the historic,built neighborhood development and housing patterns that are worthy of continued preservation and investment. • The advances in neighborhood revitalization achieved by Roanoke over the past several decades will be reversed by the substantial increased densities proposed for the central city neighborhoods. Respectfully submitted, Evelyn A. Slone, FAICP 3257 Bromley Road Roanoke,VA 3 Cecelia Webb From: Ruth Visuete Perez Sent: Monday, March 18, 2024 12:49 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Rezoning Attachments: Citry Council 3-18 R1 JMC.pdf From:Jeff Cutright<jcutright4@msn.com> Sent: Monday, March 18, 2024 12:48 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Rezoning You don't often get email from jcutright4@msn.com. Learn why this is important CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. To whom it may concern: Attached are some comments on potential impact of the current zoning change. Thanks! Jeff Cutright - 540-989-6331 5527 Medmont Circle ASME - LMOA - WBAC 1 (/) CD OD •� a) a.. o ' o Ea, � a, O u bA 00 _Y . 0 > �C C -00 0 CO U a)co CL a fa 0_ cU vi O QU O L.) bp 0_ }' O O — I % V) O 2 - _0 O a) b ,O � 0 -0 c O O O tap a= a) _c cu [a i 4--aca C S•- a••+ -a tao = U O- ca O O CID -C3 O 0 '71 }, >, CV }, +� , a N - 'c., •T• ago O- .X N t a) CD - 0 >. •— - c1 O -- c -0 _c 4 , ca c 0 w +� a) 22 o - C6 i c ,C taA coC COca be _ O O _O > i •— ' O U N >. O 'O a� CO � O L CD -0 . I b a) 0 a� 0_ ca E a.) 0 _G O co C tin -c �. •U '> _ C O a� Co O + . Q .wo E 0 a, C }' > C ,E vi c a 4-, N N : 0 aU c� -0 NJ .(2 22 O N b.° 0 �C �0- a, a, 22 i + > CO -0 " O O W > COW . W U CU CU " CU 4-) C ai a., c 0 c -C O O _C O i . F - +' O cn .— I--- ca a m ca U . . C fa C +N-+ 4-0— Q.) C C N moo . 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O — b 1 vs a--' (0 I lac) ca•ago W I ro -0c a 13 OD U C to O w 4A • 4— . N .O aAU u_ = O NI CO CD 0 -C (/') U 4-— _ 1 0_ 0 .— 0 _.CO -a, C ca +—v-+ vs -0 E -0 cu +-+ a) N C us ,aA i > v) el a) -C U O•— -C = 4— a) •— a V N a) O O 0 cn N a) — .F., 4-1 O E aJ CO Co CLO C 4- +-0 O N 0 N `� - L- a) a) • N a 0 ) U O a) U U i c a) 0. '? v .> C a---' -Cc0 'i c6 = ate., O a) U w t U I - I— a_ a cc v) v) 0 < U) I- . . . . . . . . . . Cecelia Webb From: Ruth Visuete Perez Sent: Monday, March 18, 2024 5:22 PM To: Cecelia Webb Subject: FW: [EXTERNAL] Zoning Reform Comment From: Roanoke Young Democrats<youngdemocratsroanoke@gmail.com> Sent: Monday, March 18, 2024 4:51 PM To: City Clerk<City.Clerk@roanokeva.gov> Subject: [EXTERNAL] Zoning Reform Comment You don't often get email from youngdemocratsroanoke@gmail.com.Learn why this is important CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Hello, we would appreciate if our position on the Zoning reforms being considered tonight could be on record for council to see. Thank you, Mayor Lea, Vice Mayor Cobb, and Members of Council - We are writing to you today to express our support for the zoning reforms being considered at tonight's meeting. As a youth advocacy organization, it is our responsibility to advocate for policies that improve both the social and economic position of young people in our city. Young people today are more likely to have a college degree and work full-time than their parents did at the same age, yet they are significantly less likely to be financially independent. CNBC reports that 31% of Gen Z are living with their parents because they can't afford to buy or rent their own space, and that less than 45% of Gen Z have the economic means to be financially independent from their parents. While we recognize that the impacts of these reforms will not be immediate, they are a step in the right direction, and will help give our generation a fighting chance at being able to rent or own a home in the future. In addition, we support these reforms as they will serve to expand brownfield density increases in the housing market, thus reducing our city's need to rely on greenfield development to create additional housing units. 1 However, our support for these reforms should not be misconstrued as support for the development of Evan's Spring. We stand in firm opposition to that development, and we are opposed to any effort to utilize the reforms voted on at tonight's meeting to develop Evan's Spring. Sincerely, Roanoke Young Democrats Roanoko Young Democrats :3**- cribc / th,1,-,oarer 2 Cecelia Mccoy From: Astraea Howard <astraeah1@gmail.com> Sent: Sunday,July 28, 2024 11:29 AM To: PlanningBldDev planning; City Clerk; City Manager Subject: [EXTERNAL] Support for Zoning Amendments Some people who received this message don't often get email from astraeahl@gmail.com.Learn why this is important CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear Roanoke City Leadership, I am writing to express my support for the zoning amendments passed by the Roanoke City Council in March 2024. As a remote worker, I have the ability to live and work from anywhere. My partner and I purposefully chose to move to Roanoke a year and a half ago because it is a great city with lots of activities, access to the outdoors, and is more affordable than peer cities. I support the zoning amendments that expand multifamily housing throughout the city because I want that affordability to remain for current and future residents. Housing surveys have shown that Roanoke will be close to 2,000 units short by 2025 -- this will put a squeeze on existing housing stock and raise costs for renters and homeowners alike. The zoning amendments are a crucial first step in increasing the number of units available and keeping housing affordable for all Roanokers while maintaining the awesome character of Roanoke's neighborhoods. I currently live in a home from the 1920s that was converted into 4 rental units -- a dwelling that could become more common in neighborhoods throughout the City with the new zoning amendments. This type of development is great because it maintains the character of older homes while utilizing their space more efficiently and creating lower cost units in desirable neighborhoods. Thank you for your work on the zoning amendments. I hope they remain in place after this public comment period. I believe they are crucial for Roanoke to remain a vibrant, diverse, and affordable city now and in the future. Best, Astraea Howard Roanoke City Resident 1 Cecelia Mccoy From: Maia Huntington-Schubert <huntingtonmaia@gmail.com> Sent: Sunday, July 28, 2024 6:44 PM To: City Manager; City Clerk; PlanningBldDev planning Subject: [EXTERNAL] Zoning Reforms for Complete Neighborhoods Public Comment Some people who received this message don't often get email from huntingtonmaia@gmail.com. Learn why this is important CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Hello, I am writing to voice my support of the zoning reform ordinance that was enacted in March. As a community member of Roanoke City, I feel this ordinance is crucial to increasing affordable housing options. Thank you for noting my support and for making Roanoke a more accessible city for all. Best, Maia Huntington-Schubert (540)230-6942 i Ruth Visuete Perez From: Bob Clement <bclement24016@gmail.com> Sent: Monday, August 5, 2024 10:22 PM To: City Clerk Subject: [EXTERNAL] Zoning Amendment Vote You don't often get email from bclement24016@gmail.com. Learn why this is important CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear Council members: I am writing to urge you to vote NO on the recent rezoning amendments proposed for the City of Roanoke. As a concerned resident, I believe that these amendments would have detrimental effects on our city, our neighborhoods and our residents. One of the main reasons I oppose these rezoning amendments is the potential negative impact on our community's quality of life. The proposed changes would allow for increased development in residential areas, leading to overcrowding, increased traffic congestion, and a decrease in property values. This would not only harm the character and charm of our city but also make it a less desirable place to live for current and future residents. Furthermore, these rezoning amendments could also have negative environmental consequences. Allowing for more development in residential areas could lead to the destruction of green spaces as well as an increase in pollution and carbon emissions. This would not only harm our local ecosystem but also contribute to the global climate crisis. In addition, the proposed rezoning amendments could exacerbate existing inequalities in our city, and further segregate our community and limit access to affordable housing for low-income residents. Contrary to what you ate being told, increased rentals in city neighborhoods will not by any more affordable than what currently is offered and would only deepen the divide between the haves and the have-nots in Roanoke. For these reasons, I strongly urge you to vote no on the proposed rezoning amendments. It is important that we prioritize the well-being of our neighborhoods and preserve the unique character of our city. I believe that there are better ways to promote sustainable and equitable development in Roanoke, and I hope that you will consider alternative solutions that benefit all residents. We could certainly begin with the infill development if the hundreds of city vacant lots as well as the abandoned industrial sites across the city. Thank you for your time and consideration. I look forward to hearing your decision on this important issue as elections are only 3 months away. Bob i Ruth Visuete Perez From: Duane Howard <starcityflyer@aol.com> Sent: Monday, August 5, 2024 11:15 AM To: City Clerk Cc: Luke Weir Subject: [EXTERNAL] Your Discussion of Zoning changes CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. Dear Mayor, Members of City Council and the Planning Commission. Mayor Lea your expounding on how the public should be aware is shameful and disgusting. You all sit there and listen to the self praises of how much the Planning Dept. is doing. Over the course of this Zoning change proposal, God only knows how many hours you and spent listening to the Planning Dept. and the hours upon hours you have back and forth with them with your questions and the spoon fed responses these Planning Dept. Employees. and yet you, Mayor Lea have the unmitigated Gaul to say the public should have been aware. NO MATTER WHAT the Planning Dept. does for any future meeting the general public will not be aware of what's going on....MY God, what in God's name is wrong with you Mayor and members of council that just don't get it? The general public has dropped the newspaper as it continues to strinck to a few pages of news a day....We are a world now of your cell phones. I'm downtown just about every Saturday with my little Ambassador Dog, Matilda. I talk to shop owners and people and visitors here from all walks of life. I promote Roanoke to them of things and places to see and do. For Residents I will bring up to ask if they vote in the City. I ask residents if they have heard of the zoning changes. I've only has one yes that was vague. Neighborhood organizations have faded, dissolved along with neighborhood watch groups. God only knows how many news T.V. interviews I've done over the decades....They will interview people for 20 min. and then used a word or two sound bites on the story. Look at ALL THE TIME you all went back and for with Chris Chittum...YOU can take all the time you want, YET when a few people do come to council over an issue we have 3 MINUTES, WE are not allowed to asked questions or have any dialogue YOU don't have a clue of the niddy griddie issues and concerns from the public for 3 min. Major issues such as this, EVERY Resident in the city should receive a mailing. Planning commission meets in the middle of the day and you think people are going to be able to afford to take off work for those who do know about it. Sherman, you should be ashamed of yourself in your constantly trying to blame the public for not knowing what's going on. We no longer have the Southeast Action Forum or our very heavily attended Neighborhood Watch groups. i Luke Weir does a good job of writing about the meetings but who gets the paper to read it? Many of us would like to understand how these backwards zoning changes is a plus for Roanoke....With any construction changes to make more houses, how will they be affordable with Labor, construction cost and materiel's? I need a number of updates in my house and that alone is not affordable any more Would someone on council answer the question as to how these zoning changes will benefit our neighborhoods? E. Duane Howard 2 Cecelia Mccoy From: Evie Slone <evieslone@aol.com> Sent: Wednesday, August 14, 2024 12:51 PM To: Sherman Lea;Joseph L. Cobb; Stephanie Moon; Peter Volosin;Trish White-Boyd;Vivian Sanchez-Jones; Beverly Fitzpatrick Cc: Chris Chittum; City Clerk Subject: [EXTERNAL] Suggested Changes Zoning Amendments Attachments: Recommended Changes Zoning Amendments EAS.pdf You don't often get email from evieslone@aol.com. Learn why this is important CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or on clicking links from unknown senders. As a former city planner and director with experience in Roanoke City for approximately 20 years, on 8/12/2024 I provided the Planning Commission with a list of suggested changes to the Zoning Amendments that were adopted in March 2024. After talking with others who have an interest in having some reasonable changes made, they encouraged me to send a copy of these to City Council as well for your information and consideration. i Zoning Reform March 2024 Amendments Recommended Changes, Evelyn A. Slone,3257 Bromley Road,Roanoke,VA August 12, 2024 Below are some thoughts that I have on needed changes to the zoning code amendments that were adopted: 1. Uses in Residential Districts • Be incremental in making residential district changes-start smaller and adjust over time depending on economic/market conditions and true community needs.ADUs already provide good start. i. Focus the most intensive mixture of uses (and density) in and near the CBD (Downtown D District) where all the services,infrastructure, and transportation facilities are.A form-based code may be a good option to achieve increased mixed uses, density, and manage architectural forms and compatibility in the "urban center". ii. Allow by right a two-dwelling unit in all districts subject to reasonable lot size requirements (2500 or 3500 sf per unit),parking provisions, and development compatibility standards. [There are many examples of good and bad 2-unit projects in the city and the region. Infill needs to "fit' within the neighborhood and needs to be of quality form and design.Apply development standards and provisions for parking.] iii. Facilitate the inclusion of additional housing types in RM1 (townhouses or 4- 8 units) -BUT still manage via special exception permit with defined and expanded development standards that ensure "fit and compatibility". This enables public outreach and input. See zoning map. RM1 and RM2 represent approximately 65% or more of the central city and have the infrastructure and accessibility needed to support residents. [Note: Previous code already allowed in RM1 attached SF dwellings outright, and two-family/townhouses by SP. ] iv. Evaluate RM2 areas and determine impact on density changes. TBD. Multifamily is permitted in RM2 and RMF which may be mapped for apartment development. However, it looks like some Neighborhoods (with existing homes) are still zoned RM2-need to understand impact on housing there. v. Study areas and Rezone for RMF. If RMF is intended to provide dense housing development (1,000 sf/DU) for multifamily and townhouses, then study underutilized areas of city for application of the district and then rezone properties by working with property owners or a developer. 1 Zoning Reform March 2024 Amendments Recommended Changes, Evelyn A. Slone, 3257 Bromley Road, Roanoke,VA August 12, 2024 vi. Rezone other suitable areas to facilitate projects. [e.g. MX,UF,UC] • Day care home facilities—What is need for change?Keep special permit. Too many variables and neighbors should have a process for review and comment. 2. Density • Changes in density are unrealistic and detrimental to the built fabric of neighborhood.When you add more than one dwelling unit on a small lot, it is essential that you have adequate room for additional development needs (parking, more people, etc.). Recommend 3,500 for R12 and R7 and 2,500 for R5 and RM1. [Not familiar with R3 zoned areas—seems too small for development.] • RM2 and RMF may be suitable for 1,000 sf/du if they apply to existing development or vacant land.Are neighborhoods zoned RM2 now or are those mapped specifically for built apartment complexes? It appears that some some neighborhoods are zoned RM2—the density should be 2500 for those areas—otherwise you get rental conversion issues in the built houses. If there are many vacant lots, then assemble and rezone for higher density or desired housing type. • R12, R7, R5, and RM1 should be low density residential districts. One to two dwelling units and accessory dwelling units. In RM1, continue to allow townhouses or add small apartments(4-8 units)by special permit (on larger lots) with same 2500 sf/du minimum and descriptive development standards. • Parking minimums must be applied for two or more dwellings in R and RM1 zones. Residents have to have cars to handle daily affairs in these areas. Streets in R7, R5, and RM1 are narrow and well used at current low densities. More cars/family today. Think access and safety—police, fire, transit,normal traffic+parking. 3. Lot Sizes • Lot sizes should comply with majority of the built development.All the existing districts generally reflect the size of the lots (and are named for that). Only R12 (12,000 sf) would be considered a "large" lot. Most of the city contains smaller lots. And 5,000 sf lots are challenging to develop! Leave the minimum lot sizes as they are — 12,000, 7,000,5,000, etc. Changing is not necessary and is confusing! • Lot frontages should also remain consistent with built development.A 50-foot lot is small and has consistently been a challenge to develop. Do not decrease to 40 and 30 feet. Leave R12 at 70. 2 Zoning Reform March 2024 Amendments Recommended Changes, Evelyn A. Slone, 3257 Bromley Road, Roanoke,VA August 12, 2024 4. Development Standards • Neighborhood Design District should be strengthened,not weakened, and expanded into other areas. Considerable thought must be given to development to ensure compatibility with existing built neighborhood fabric and areas designated for rehabilitation and conservation. Building mass, scale, location, architectural features (windows, doors, roofs, trim/overhangs, etc.). There are illustrated guidelines that apply. Do these still exist? • 36.2-409.1 (Standards for) Dwellings (one,two, cottage courts, townhouses, apartments).These are confusing to understand and apply. They are very basic (dealing with only window and door placement) and should be clarified,more specific, and expanded or illustrated.They are not descriptive enough to ensure desired, or compatible development. [For example-For one and two dwelling buildings ..."The primary façade width of one and two dwelling buildings shall be within 25 percent of the average of the widths of such buildings on the same side of the same block" or "Window and door openings shall constitute at least 15 percent of the primary façade and at least 10 percent of a secondary façade on a corner lot." 5. District Purpose • 36.2-310(b) -remove "provide opportunities for compatible home-based entrepreneurship" Other Notes: 1. The 2020 Citywide Housing Plan recognized the housing choice differences and successes of Roanoke's neighborhoods and made valid recommendations for addressing housing issues that are very different from what was adopted. • P. 43 - "In the City of Roanoke, 65%of the residential units were single family detached structures...Roanoke's housing stock has a much more diversified mix than many other locations in the region.While it does have a lower percentage of single-family homes, it instead offers a wider range of housing choices from attached single family to duplex to mid-scale multifamily and even larger scale multifamily... The historical development pattern combined with a more than urban built fabric has allowed Roanoke to create and maintain a fairly diverse stock of building types and units." 3 Zoning Reform March 2024 Amendments Recommended Changes, Evelyn A. Slone, 3257 Bromley Road, Roanoke,VA August 12, 2024 • P. 85-"The city's zoning ordinance allows a wide range of housing types across many different zoning districts with favorable lot sizes, lot coverage, and heights that generally match the historic development patterns of neighborhoods...there may be a need for the city to revisit zoning regulations and permitting process to look for ways to offset the inclusion of affordable units through mechanisms like a density bonus, expedited permitting, or reduced fees." • P. 86-"To address housing issues ... raising additional funds, leveraging resources, or reallocating existing funding ... seek a larger partnership between government, philanthropy and the private sector ... work collaboratively to invest in larger, more complex community and economic development solutions." • P. 87-96-"consider zoning changes that allow and potentially incentivize new housing types where appropriate.... zoning changes should respond to resident needs and desires for new housing types and structures that provide additional housing choices, yet are still compatible with the built environment in which they are placed...accessory dwelling units, missing middle income housing choices ... using pre-approved designs for alternate housing types to ensure new residential structures are integrated into neighborhoods... inclusionary housing policies and implementation measures and tools to advance affordable housing ... density bonuses, monetary contributions to housing trust fund ... set asides of affordable housing as part of a development project, financial incentives ... housing trust fund...residential rehab program ..." 2. Why are the zoning amendments not a good fit for Roanoke? • The drastic changes in increased densities (3-5 times more than what is permitted today) do NOT reflect or reinforce the type of development present or desired in Roanoke's neighborhoods. o It undermines the historic and built neighborhood fabric which provides the very basis for attracting residents and creating an attractive city with desirable places to live. o The built neighborhood development and housing patterns in most neighborhoods are worthy of continued preservation and investment. This is the competitive edge that Roanoke City provides over suburban development. [The very reason that Raleigh Court is so desired by families.] 4 Zoning Reform March 2024 Amendments Recommended Changes, Evelyn A. Slone, 3257 Bromley Road, Roanoke,VA August 12, 2024 o It creates uncertainty and speculation by developers, and results in an unhealthy balance of renter-occupied and owner-occupied housing which is not stable for investment. o The land is valued for real estate purposes according to "highest and best use";thus,use of the land for multiple units results in higher land values that eventually results in an existing building becoming less valuable than the land itself. o The advances in neighborhood revitalization achieved by Roanoke over the past several decades will be reversed by the substantial increased densities proposed for the central city neighborhoods. 3. I would agree that there is a need to expand housing choices in neighborhoods, encourage quality new development on underutilized land, and update definitions. However, these pieces need to be carefully tailored to specific areas (e.g. suitable vacant tracts, areas where redevelopment is needed, etc.)using zoning tools enabled by Virginia AND combined with significant developer outreach and financial subsidies. • Expand housing choices through development examples. Recruit developers and incentivize smaller, more affordable houses, missing middle housing, etc.Use the Design Competition examples. iti ti. Ct 1'1t>ke c 'lt1Otinccti tt t`I}>- 1, (iti html • Consider ways to limit"speculative development by investors" by furthering or enabling preferences for first-time homebuyers/owner occupants. 4. The proposed development standards outlined in the amendments are marginal for ensuring compatibility and fit within the existing built neighborhoods. • The text standards deal with simple window and door openings facing the street.And the presence of a front porch in some instances. • Most communities achieve design compliance using an illustrated "form-based" code that is strategically applied to a specific area and tailored architectural standards that are desired and applicable to that area. [I will see if I can find a few examples that illustrate the technical language needed for architectural compatibility and conformity.] • While application of the Neighborhood Design District in some areas (defined by comprehensive plan as areas designated for rehabilitation or conservation) may provide 5 Zoning Reform March 2024 Amendments Recommended Changes, Evelyn A. Slone, 3257 Bromley Road,Roanoke,VA August 12, 2024 additional oversight for compatibility, these standards are also simplified in the recent amendments.Building mass, scale, location and architectural details are important. 5. Comprehensive Plan 2040 • Livable Built Environment o P. 77- "Growth needs to occur through the preservation and reuse of existing buildings and infrastructure. Where new development or redevelopment occurs, it should be done in a manner that is sensitive to the surrounding community." o P. 77- "To be a complete neighborhood, a range of housing types are needed to support residents at various stages in life, from a starter home to a residence where one can age in place. Middle housing types such as accessory apartments, duplexes, or townhomes are present in some older neighborhoods in the city but are missing from others.Addressing Missing Middle Housing is important to provide a range of housing options and maintaining some affordability." o P 78-"Policy 1: Encourage development, redevelopment, and revitalization through preservation and context sensitive design ■ Action Items: • Proposed development(infill development, alterations, renovations, and additions) should create or enhance a distinctive character that relates well to the surrounding community • Develop design standards reflective of the most-beloved examples of local community character • Increase compact development patterns in neighborhoods while retaining community character • Allow multiunit and cluster housing types that are compatible in scale and character with detached single-family homes 6. Roanoke Strategic Plan 2024-2025 • Livability, p.21 -"We will collaborate with others in our region to ensure Roanoke retains a quality social,built and natural environment making it a vibrant place to live, learn,work,play and visit. We will ensure Roanoke remains a desirable place to invest in,whether as a homeowner,business owner, client, or tourist Attractive Community- Together with the community, we will work to foster pride in home and business ownership working to ensure our neighborhoods,business corridors, and districts remain safe, clean, diverse, and attractive, and encourage continued pride and investment." 6